CENTRAL CRIMINAL COURT
TWELFTH SESSION, HELD OCTOBER 23RD, 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, October 23rd, 1876, and following days,
BEFORE THE RIGHT HON. WILLIAM JAMES RICHMOND COTTON, M.P, LORD MAYOR of the City of London; The Hon. Sir ROBERT LUSH , Knt., one of the Justices of Her Majesty's Court of Queen's Bench; The Hon. Sir GEORGE DENMAN , Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir ROBERT WALTER CARDEN , Knt., Sir BENJAMIN SAMUEL PHILLIPS , Knt., and Robert Besley, Esq., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said, City; Sir CHARLES WHETHAM, Knt., WILLIAM MCARTHUR , Esq., M.P., THOMAS SCAMBLER OWDEN, Esq., and GEORGE SWAN NOTTAGE , Esq., other of the Aldermen of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judgesof the Central Criminal Court.
WILLIAM QUARTERMAINE EAST, Esq.,
CENTRAL CRIMINAL COURT.
COTTON, MAYOR. TWELFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been mart than once in custody—an obelisk (t) 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, October 23rd, 1876.
Before Mr. Recorder.
HERBERT SPRAIGHT . I am manager to Henry Watts, who keeps the Sam Collins' Music Hall, Islington Green—on 25th August, about 1.15 in the day, a lad brought me this note addressed to Mr. Watts—I opened it; it contained this I O U—from information I had received, I spoke to the waiter and directed an envelope and gave it to the boy; it contained a piece of plain paper—I gave the waiter directions and he followed the boy—In a few minutes the prisoner was brought in—I said "You seem to have done this once too often; what have you to say"—he said "I won't say anything." (Letter read. "Friday morning, 20, Stamford Street, Waterloo Road. My Dear Mr. Watts,—Will you kindly oblige me with 30s. off my salary, for I have a small bill to meet to-day and have not quite sufficient. I enclose an I O U, which please return by bearer if you cannot oblige. Sam Tor-.") The I O U was signed Sam Torr, for 30s.
Cross-examined. I do not know Torr's writing—I don't believe the prisoner said "I don't know what you mean," I am certain he said "I won't say anything."
JOHN VINCENT . I am a waiter at the Sam Collins' Music Hall—on 25th August I received certain directions from Mr. Spraight, and followed the boy—he walked behind some cabs and then went into a urinal—when he came out I saw him look across Camden Street—he walked across, and the prisoner came across and met him—the boy gave him the envelope—the prisoner took it and rubbed it up in his hands and then put it in his pocket—the boy came away and as soon as the prisoner found there was nothing in it he commenced running—I did not see him open the note—I ran after him up Camden Passage—he ran as hard as he could—I met somebody and asked him to follow as well, which he did, and he came up-to him first, about half a second before me—I came up to. him and he asked where he
was going to take him, he said "Back to the hall"—he then asked me—I said "You know where we are going"—he said "All right, don't make a noise"—he went to the hall with me and was given into custody.
Cross-examined. He took the note from the boy and rubbed it before he put it in his pocket—I was about half a dozen yards from him; he had a sharp run of three or four minutes.
SAMUEL TORR . I am a singer living at 22, Mansion Street, Camberwell—I know the prisoner—In September I was engaged to sing at the Sam Collins' Music Hall—I never gave him authority to receive any money for me—this note and 10 U are not my writing—I never saw them till they were at the police-court—at the time this note was presented, Mr. Watts was indebted to me more than 2l.—I gave no authority to anybody to issue that I O U.
Cross-examined. I have never sent to Mr. Watts for money, I have always gone myself.
JOHN CAVANAGH (Policeman N 442). I took the prisoner into custody at the Sam Collins' Music Hall—the last witness told me he had the note in his pocket—I asked the prisoner to give it to me—he said he would not, he would wait till he got to the station—I searched him at the station and did not find the note—next day I again asked him to give me the note—' he said that he had torn it up when the waiter was running after him and thrown it away—he said that Nash had given him the note and was wait. ing for him at the Angel corner.
Cross-examined. He did not say it had got torn up—Nash is in custody on another charge of this description.
(See next day.)
469. ARTHUR SILVERLOCK (16) , To stealing whilst employed in the Post-Office; a post-letter and two 10l. notes, the property of Her Majesty's Postmaster-General.— [Pleaded guilty. See original trial image.] Twelve Months' Imprisonment.
MESSRS. POLAND and MEAD conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
HENRY PARKINS NEWTON . I am second clerk at the Hammersmith police-court—I was present there on 8th August when a summons was returnable against Robert Hyde charging him with an assault on And Marsh—the date of the snmmons was 31st July—Hyde appeared to the summons and the charge was heard against him; the defendant was sworn in the ordinary way—I took down her evidence and I have here my original notes. (Read: Ann Marsh says:—I now live at 23, Cresent Street, Notting Hill—I am the mother of Henry Marsh, one of the two last prisoners—I recollect the 22nd July, Henry was at home with me on the evening of that day: I keep a beershop and he put up the shutters for me at about 11.40—I served two or three customers and then shut the door—I sent my daughter Louisa on an errand; Henry was then outside and I inside—she returned at about 11.45—the house was then closed, she
knocked at the door and I heard from her something was happening to Henry; I then went in the road and saw two policemen holding Henry—I should know them again, the defendant is one, and Goldsworthy is the other—I said "Don't hurt him he is not very well, go to the station Henry and I will bring your father up to bail you out"—the defendant then took his hands from my son and struck me on the side of my face and I fell, and a man called Hobbs picked me up—I fell right on my back in consequence of the blow given me by the defendant—I was hurt by the fall, I had heavy money in my pocket, I went home and took my pocket off and then I went direct to the station—I met my daughter Louisa on the way, and I went to the station to make a complaint to the sergeant that a policeman knocked me down—when I got to the station I saw Sergeant Borner and I saw Henry and Catherine Forrester—I made a complaint against the constable to sergeant Borner—I said "I have come here to make a complaint against a police-officer that knocked me down;" and turning round to the defendant I said "There you are, what provocation did I give to knock me down in the road," the defendant did not answer—Sergeant Borner said "Have you anything more to say"—I replied "I have nothing more to say"—that was the whole of the conversation between the sergeant, the defendant and myself—the sergeant then got off his seat and said to me "Turn out;"—I said "I am not a dog, this is working hard and paying rates and taxes to look forward to police-officers to protect you, and treat you like dogs"—I have said everything that passed—I then went home; I have repeated all. the conversation at the station—Mr. Hobbs went with me to the station, bat he did not go inside.
Cross-examined. I have only two sons—seven or eight years ago I summoned a constable—on the night in question I did. not go to the station and ask the sergeant if he had got my Harry, my husband was ill that evening and in bed; I did not ask the sergeant if he would take bail for my son, that I swear—there was no conversation about bail and I did not tell the sergeant my husband was ill in bed; Harry was locked up, I did not go with him to bail Harry out, I went to the station simply to complain of the policeman, when I made the complaint, besides the sergeant there was Henry, Forrester, the defendant, and some policemen present.") I read part of that over to the prisoner, I read as far as "I have repeated all the conversation at the station," just. before the cross-examination and she said it was correct—Hobbs was called. as her witness and was examined next after her—the statement made by the prisoner on 31st July was taken by another clerk.
Cross-examined. Mr. Paget was the Magistrate 'who heard the original case of Marsh and Forrester—I was not present when the summons was granted.
ROBERT HYDE (Policeman X 218). On Saturday, 22nd July, at 11.45, I was on duty in St. Clement's Road, Notting Hill—I saw a crowd in Crescent Street—I saw constable Kersey go towards the crowd—I followed—after that I saw Henry Marsh in custody of Kersey, and just as I got up Marsh tripped him up and they both went on the ground—Henry Marsh is the prisoner's son—I pulled him away from Kersey, and as I did so as he got up he kicked me in the leg and we all three fell. together—at that time Sergeant Atwell and Goldsworthy came up—Atwell took hold of one side of Marsh and I took hold of the other; we then took him out of the crowd and took him to the Notting Hill station—he was drunk—the woman he was living with, Kate Forrester, was there also—she was taken into custody
and charged with attempting to rescue—she got hold of me by the back of the collar and nearly choked me; that was when Marsh was in custody, when we were on the ground—there was a mob of somewhere about seventy or eighty people—they were very disorderly, pushing one against the other and throwing stones and brick bats—they were thrown at all of us; one hit Henry Marsh, one hit Kersey, and one struck me in the back—I did not see the prisoner there; she did not speak to me and say "Don't hurt him, he is not very well; go to the station, Henry, and I will bring your father to bail you out"—I did not then take my hands from Henry Marsh and strike her on the side of her face, nor did she fall in consequence—I never saw her there at all—I did not see any woman on her baok; I did not strike any woman—I and Kersey took Henry Marsh to the station, and Goldsworthy followed behind—Atwell went part of the way, not all the way—I was present when he was charged—Goldsworthy took the woman Forrester, she followed up part of the way—after they were charged the prisoner came in—the prisoners were put in the dock; Sergeant Borner was the acting inspector—the prisoner came right into the room; she said "Have you got my son here?"—the sergeant said "Yes, there he is," pointing to the dock—she said "What is he charged with?"—he said "With being drunk and disorderly and assaulting two constables in the execution of their duty"—she said "Will bail be taken?"—the sergeant said "Yes, I will take Mr. Marsh's bail"—she said "Mr. Marsh is at home ill in bed and can't come"—the sergeant said "I will take any respectable man that pays rates and taxes;" and she thanked the sergeant and went away—she made no complaint against me at that time—she did not say to me "There you are, what provocation did I give you to knock me down in the road?" Sergeant Borner did not get up from his seat and say to her "Turn out"—she did not say "I am not a dog; this is working hard and paying rates and taxes to look forward to police officers to protect you, and treat you like dogs"—no complaint was made against any of the constables—I have been close upon six years in the force—I believe they were bailed out next morning—on Monday, the 24th, Henry Marsh and Kate Forrester appeared at the police-court, and I and Kersey gave evidence—the Magistrate convicted them both and they were sentenced—I was not present when Henry Marsh's father made a statement to the Magistrate; I went away thinking the case had been finally disposed of—no witnesses were called for the defence on the 24th; the matter was brought on again on the 31st—witnesses were then called, and the prisoner amongst others—the prisoners were convicted after the second hearing—the prisoner was not there on the 24th—I afterwards received a summons charging me with an assault—I appeared on the 7th August and it was adjourned to the 8th and I was acquitted by the Magistrate.
Cross-examined. This is rather a noisy and very low neighbourhood—it was about 11.45, when the beershops and taverns were closing—stones were flying about after Marsh was taken into custody—the police were not using their truncheons; I believe one of them drew his truncheon to keep the crowd back; they were swaying a good deal behind—Mrs. Marsh might have been there but I did not see her, or her daughter Louisa, or a woman named Harwood; I do not know her—I did not see Abraham Brooks there; I don't know him—I know Louisa Marsh by sight—I did not see Hobbs there; I know him—I know Ellen Marsh but I did not see her there—I do not know Cornelius Thompson or Frederick Marshall; I
might know them by sight but not by name—all this about the prisoner saying at the station as to paying rates and taxes, is a pure invention; she never charged anybody with anything—I don't know whether there was a great crowd outside the station; I did not go out till after the charge was taken and the people gone—sometimes people push into the station when there is a row of this kind, but they don't get so far, as the police are standing on the steps to keep them out—persons were not trying to get in that I know of—Mrs. Marsh was not ordered out at all—except as to asking if Henry was there and about bail, all she swore was a pure invention.
WILLIAM GOLDSWORTHY (Policeman X 131). I have been seven years in the force—on the night of 22nd July I was on duty in Crescent Street, Notting Hill about 11.50, with Sergeant Atwell—I saw a crowd in Crescent Street outside the Shamrock beer-house, kept by the prisoner's husband—the first thing I saw was Henry Marsh kick Kersey in the leg—he fell, Hyde also fell; there was a great crowd and I was obliged to draw my staff to keep the crowd back; they were, pushing on us—with great difficulty we got the prisoner to the station—I did not lay hands on him myself—besides the crowd pushing I did not see anything else done—Kersey and Hyde had Henry Marsh in custody and they took, him to the station—I saw Kate Forrester when we got to the station—before they took off Henry Marsh I saw the prisoner; she was about 10 or 12 yards away from Kersey and Hyde; that was at the time they had Henry Marsh in custody—she did not say anything—Hyde did not strike or push her or touch her at all—I did not see any woman on the ground—there were a great number of persons between the prisoner and the constables—I walked behind them to the station—I took Forrester in custody outside the station from what Hyde said to me, and she and Henry Marsh were both charged—Sergeant Borner was the acting inspector, about ten minutes after they were brought in, the prisoner came in—no one came in with her—she said "Is my son here"—the sergeant said "Yes," pointing to her son and Forrester in the dock—she asked what he was charged with—he said for being drunk, disorderly, and assaulting police constables 184 Kersey, and 218 Hyde—she asked if bail might be taken—he said "Yes, if you will send up Mr. Marsh, I will take his bail"—she said "Mr. Marsh is ill in bed and can't come up"—the sergeant said "If you send up any other respectable person I will take their bail"—she then left the station—I, knew her by sight as the wife of the beershop keeper—she did not make, any complaint about Hyde having struck her, or any complaint whatever against the police—she did not say to Hyde."There you are, what provocation did I give you to knock me down"—she did not say "This is working hard and paying rates and taxes, looking forward to the police to protect you, and treat you like dogs," or anything of that sort.
Cross-examined. The crowd was very rough, stones were flying about—there was a good deal of noise; there were about fifty people or there might be more, not so many as seventy or eighty—I was close by the prisoner, the crowd was very noisy and disorderly—if anything had been said. I could have heard it—the prisoner did not say "You had better go quietly," she said nothing at all, she never opened her lips, she never uttered a word when she saw her son taken away—when I got to the station I remained there the whole time—there were only constables there and the two prisoners and Mrs. Marsh, I suppose she was three or four minutes inside the station—a great crowd had followed up behind, some of them walked on
the steps but they were put back by the reserve man—no one was pushed while I was there—the prisoner came in at the door—I noticed everything she said—she said nothing about paying rates and taxes or charging the constable—I am sure she said "Is my son Harry here"—the station is about half a mile from her beerhouse—there is no other station at Notting Hill.
WILLIAM KERSEY (Policeman X 184). I have been ten years and a half in the police—on the night of 22nd July I was in Crescent Street—I saw a disturbance there, Henry Marsh was drunk and disorderly, I took him into custody for that charge and he assaulted me in doing so—before taking him into custody I did not see any woman there; I saw women there, but not the prisoner—Henry Marsh was very violent, he refused to go to the station, he kicked me in the leg and threw me down—after a great deal of violent resistance from him, other constables came up and we took him to the station—Hyde came up a minute or so after me, he assisted me in taking him, and he kicked him—Hyde was thrown down—he and I then took Marsh into custody; the crowd was disorderly; they tried to get between us and came on us—we had a difficulty in getting Him through the crowd—stones were thrown by the crowd; I did not notice the woman Forrester till near the station, she might have been there—Goldsworthy came up, he kept the crowd back—Atwell came up directly after, that was just after I took Marsh into custody—the crowd consisted of about sixty or seventy, perhaps more or less, I could not say exactly—I did not see the prisoner there—she did not say anything to Hyde, or say to Marsh, "Go quietly and I will get bail for you;" I did not see Hyde strike her, or see any woman struck or knocked down—I and Hyde took Henry Marsh to the Notting Hill station, several persons followed, I could not say who—Kate Forrester was afterwards brought in and they were both put in the dock and charged—in five or ten minutes the prisoner came to the station—she asked what her son was charged with; the sergeamt said "being drunk and disorderly and assaulting me and Hyde in the execution of our duty"—she asked whether there could be bail—the sergeant told her yes; she said Mr. Marsh was ill in bed—he told her any other householder would; she was in the station three, four or five minutes—she made no complaint whatever about me or Hyde, she did not complain of being knocked down or injured in any way—she said nothing about paying rates and taxes, or being treated like a dog—the sergeant did not say to her "Turn out;" nobody was in the charge room except the constables and the prisoner when she came in—relations are allowed to come in—I did not see who were waiting outside the station—several of the crowd followed up to the station.
Cross-examined. Forrester and Marsh were in the dock—I was there the whole time—I remember the very words the prisoner used—she said "What is the prisoner charged with," and she asked whether bail would be allowed, that was all—she did not want to inquire where her son was; he was in the dock, she could see him—I had not seen her in the crowd when her son was taken into custody—there was a good deal of noise going on, hooting: stone throwing and every kind of confusion—the police were not very roughly used because several constables kept the crowd back, they had to keep close to us to prevent the crowd coming on to the prisoner—there was plenty of hooting and calling out, I could not hear everything that was said.
Re-examined. The dock is on the right hand side of the door (referring to a plan)—anybody coming in at the door would see the sergeant at his
desk—she spoke to the sergeant when she first came in, and asked him what her son was charged with.
JOHN BUTLER . I am a surveyor—I made this plan of the Notting Hill station—as you enter, the door of the charge room is just on the left, the desk is shown on the plan, the dock is in the corner, the distance from the outside of the steps to the stool is 15 feet—there are five steps to the entrance.
Cross-examined. The stool is shiftable, I saw it in its usual place where the sergeant sits.
JOHN ATWELL (Police Sergeant X 51). I have been in the police seven years—on the night of 22nd July, I heard a noise and saw a disturbance in Crescent Street, about 11.45, outside the Shamrock beer-house, and saw Henry Marsh in the custody of Hyde and Kersey, and saw Kersey fell, being kicked at the same time by Henry Marsh—I then took hold of one side of Marsh, and assisted Hyde, he had hold of the other side—I saw Hyde kicked and struck—after much difficulty we got Marsh out of the crowd and conveyed him to the station—I did not see anything of the prisoner there; I did not see Hyde or any constable strike her, or see any woman pushed on the ground, I was close to Henry Marsh, I had hold of him—I beard nothing said by a woman about letting him go quietly or getting bail, or anything of the kind—I saw Goldsworthy there, the crowd threw stones; I followed up a short distance to the station and then turned back to the scene of the disturbance; I did not go the station.
Cross-examined. There was a great deal of noise and row going on, shouting and hallooing, it would be rather difficult to hear anything distinctly in a crowd of that kind.
HENRY HARRISON . I am a porter in the service of Messrs. Whiteley, the drapers of Westbourne Grove, I was formerly in the police for two years and three months; I left about five months ago, I resigned—on 22nd July, about 11.30, I was on my way home in the neighbourhood of Crescent Street; I live in Stoneleigh Street, my attention was attracted by a crowd of persons in Crescent Street—I went up to it, and saw Kersey struggling with Harry Marsh, Hyde came up, and he was kicked up, and he and Kersey were both on the ground together; Marsh was standing up struggling with them; Atwell came up directly after—the crowd threw stones—I saw Atwell get hold of Marsh, I followed them to the top of Crescent Street, and then went home; I saw nothing of the prisoner; I did not see Hyde or any of the constables strike a woman or push her down; there were some women there; I did not see any women struck or pushed down—I was close to the constables; I picked one of their helmets up—I did not hear any women say "Go quietly Harry, I will get bail for you," or anything of the kind.
Cross-examined. I am not very intimate with the officer Hyde; I once lived with him for eight or nine months—I am not particularly intimate with him, we speak, that is all, there was not particularly a riot on this night.
EDWARD BORNER (Police Sergeant X 52). I was acting inspector at the Notting Hill police-station on the night of 22nd July—Henry Marsh and Kate Forrester were brought in in custody—when they were in the docky the prisoner came in—she asked if I had her son in custody; I pointed to him as he was standing in the dock and said "Yes, there he is"—she then asked what he was charged with—I said he was charged with being drunk and disorderly and assaulting police constables 184 and 218—she asked if bail could be taken for him—I said "Yes, if you send Mr. Marsh, I will
take his bail"—she said "Mr. Marsh is ill in bed and can't come"—I said "Then if you get some respectable person that pays rates and taxes I will take his bail"—she then left the station—she did not turn to Hyde and charge him with assaulting her—she made no complaint against him whatever, or against any other constable—I did not get off my stool and say to her "Turn out"—she said nothing about paying rates and taxes and being treated like a dog, the place where the stool is marked on this plan is where it stood on the night in question where I was sitting.
Cross-examined. I did not see any persons attempting to get into the station, it was perfectly quiet with the exception of the noise when the prisoners were first brought in—after the prisoner came in it was quiet to a certain extent—Henry Marsh was drunk, and Forrester was very disorderly indeed, everything that was said inside could be heard—there were no persons inside but police and the prisoners—no such expression as "turn out" was used, nor anything about paying rates and taxes, only when I referred to bail for the son—the prisoner made no complaint against the police—I did not consider that she was drunk, she was a little excited, not with drink.
Re-examined. I have been; nine years in the force come February, the door of the station was not closed while the prisoner was there, the station door and the charge-room door were both open—the station door opens into the lobby; I was sitting at the desk, it is part of my duty to take charges that come in; I did not go outside; I did not move from the stool—I knew the prisoner's husband as keeping the Shamrock beer-house, I have been in that district sometime.
HENRY DREWITT (Police Sergeant). I have been in the force turned fifteen years, I was at the Notting Hill station, on the night of 22nd July, when Henry Marsh and Forrester were brought in, the prisoner came in while they were in the dock; I was close behind the female prisoner—when the prisoner came in she said "Have you got my son here," addressing the sergeant on duty—he said "Yes, there he is"—she said "What is he charged with"—he said "With disorderly conduct and assault on the police"—she said "Will you-take bail"—he said "Yes, if Mr. Marsh comes up I will take his bail"—she said "He is ill in bed and can't come up"—the sergeant said then "If you send any other respectable ratepayer up I will take their bail"—she did not make any complaint that she had been assaulted by Hyde or Kersey, or any of the police—she did not say to Hyde "What provocation did I give you"—the sergeant did not tell her to turn out—she did not say "Is it right that I should be treated like a dog, a person that pays rates and taxes," or anything of the sort—she went away, I believe, with one of her daughters who was outside standing on the pavement.
Cross-examined. She appeared to me as if she had walked or run to the station; she could scarcely speak plain, she seemed to want to speak too fast, she was out of breath as if she had run, there were seven or eight policemen in the station—the prisoner was there probably three or four minutes—the people outside were not trying to get in, there might be seven or eight persons on the pavement, that was all, they were not clambering up on the steps for the purpose of getting in; I should have seen if they had been.
Re-examined. I saw the seven or eight persons on the pavement when the prisoner went out of the station; I saw her go away, there were no persons then standing on the steps with the exception of the constable Killeen.
THOMAS KILLEEN (Policeman X 339). I know the prisoner by sight—I was at the police-station about 12.15 on the morning of 23rd July—I stood on the doorstep—I did not see Henry Marsh and Forrester brought in—I went to the doorstep afterwards, I was in plain clothes—while I was there the prisoner came in—she did not speak to me, she passed into the station and went into the charge-room—I was then on the third step from the top—I did not hear what was said in the charge-room—she might be in there seven or eight minutes—no one was standing on the steps but myself while she was in the charge-room—there were persons on the pavement below, two stood at the bottom of the steps, one was her daughter and another was a man named Hobbs; I think the daughter was the second youngest, she was in front of her mother when I first saw her, she stood outside on the pavement.
Cross-examined. I was off duty—Constable Jones 414 was at the door when I was there, he went into the charge-room—I stood on the steps—there was no crowd at all when I went there, only two persons standing on the pavement and there might be seven or eight in the roadway—none of them were on the steps—Sergeant Cripps came out at the time and he ordered the people that were there to go away, that was while Mrs. Marsh' was in the charge-room—when she came in there were very few persons outside, there might have been a dozen altogether, not more—I can't say whether a crowd followed Marsh and Forrester down to the station; I was not there then, I was in the station; while I was there everything was perfectly quiet—after Mrs. Marsh went in there was no talking outside that I. could hear—I did not hear anything that was going on inside, I did not listen.
Re-examined. While I was standing there I did not hear what passed in the room—I relieved Jones, he went into the charge-room when I came on to the steps—Sergeant Cripps went out while Mrs. Marsh was-in the charge-room and he stood at tha bottom of the steps while I stood there.
EDWARD CRIPPS (Police Sergeant X 8). I have been ten years in the police force—I was at the station on the morning of the 23rd July; I was there when Henry Marsh and Kate Forrester were in custody; I was outside, I saw them brought in—there may have been about twenty persons at first who followed them up—none of the persons went into the station in my presence—I did not go into the charge-room—I saw Mrs. Marsh in the station five or ten minutes after the others had been brought in there was no one else in with her, I did not see her go in, I was upstairs at that time; when I came down I saw her in the charge-room—I then went out and stood outside—I did not hear anything that passed in the room—there may have been a dozen persons then waiting outside, some had gone away, no one was Standing on the steps, unless it was the constable.
Cross-examined. There was a noise with Mrs. Marsh's son in the charge-room—there was nothing outside out of the way, no more than talking—I could not hear what was going on inside, there was a good deal too much noise for that; there was the ordinary noise of people outside a station when a man is taken into custody and his friends follow him, it would be impossible to hear what was going on inside, not if I had listened ever so much.
THOMAS JONES (Policeman X 414). I was on duty in the police-station on the night of 22nd July when Henry Marsh and Kate Forrester were brought in—about ten or twelve persons came to the door—I was in the charge-room when the prisoner arrived—she came in and asked if her son was there—
Sergeant Borner said "Yes," pointing to him; he was then standing in the dock—she asked what he was charged with—Borner told her—she said "Will you take bail?"—he said "Yes, we will take Mr. Marsh's bail"—she said he was ill in bed and can't come—he said "If you send up some respectable person who pays rates and taxes we will take his bail"—she did not complain of Hyde or any other constable assaulting her or knocking her down—the sergeant did not tell her to turn out—she did not say people who paid rates and taxes ought not to be treated like dogs, or anything of the kind.
Cross-examined. I was not called before the Magistrate, he said it was not necessary, but to be in attendance at the trial—there was not a good deal of noise going on outside the station, nothing particular—if you were standing on the steps you might hear what was going on inside; there was some noise, but nothing particular—I was in the charge-room—there was a little confusion outside, I could not hear what was said; the prisoner was not talking particularly loud, in the ordinary way of talking, she was a little excited, nothing out of the way, she was talking rationally—when she came in she walked straight up to the desk, she could not see her son till she turned round, but she did not turn her head.
Re-examined. The sergeant was sitting at the desk; the desk is in the corner of the room—if she had turned her head she could have seen her-son—she was on one side of the table and the sergeant was sitting on the other.
JOHN SEAGRAVE LEE . I am chief clerk at Hammersmith police-court—I was present when the charge was first investigated on 24th July, when Hyde and Kersey gave evidence—on the further hearing on the 31st, the prisoner gave evidence for the defence, she was sworn; I took this note of her evidence. (Read: "I went to the door and saw two police-constables with the prisoner in custody. I said 'Harry let them lock you up and father will bail you.' I was struck on the right side of my face and thrown on my back on the pavement, it was police-constable Hyde X 318, who did it; Mr. Hobbs picked me up; I went indoors; I did not tell my husband of it. Afterwards I went to the station, I there told the inspector I had been knocked down by a police-constable; I don't know whether it was the same inspector who took the charge, it was just about shutting up time; I gave Hyde no provocation, only put my hand on my son's shoulder."
The following witnesses were called for the Defence.
LOUISA MARSH . I am the prisoner's daughter, and live at 23, Crescent. Street—I was present on the night of this disturbance—I saw my brother Henry taken by the constables—I went in and spoke to my mother, and she followed me out—there was not a very large crowd, two or three dozen; I only saw one policeman—I did not see any of them draw their truncheons—my mother said "Go quietly Harry, father will soon bail you out," with that the policeman took up his right hand and knocked her down—he said "Get out of the way," and knocked her down—Mr. Hobbs picked her up—Hyde is the man that struck her—I followed my brother up to the station; Catherine Forrester went with me—I did not go inside the station; as I was returning home I met my mother going towards the station, and I went back with her—I stood at the bottom of the steps on the right hand side, on the first step—I saw my mother go in—I could hear what she said—she said "I have come to make a complaint against the police-officer that has knocked me down"—she turned and said "There you are, what provocation
did I give you to knock me down," with that the sergeant says to her "Have you any thing more to say"—she said "No"—then he says "Turn out"—he got off his seat came to the door and touches mother by the right arm, and if she had not had the presence of mind to catch hold of the right hand side of the railings she would have fallen down on her fece from the treatment she got at the station—she said "I am not quite a dog, this is working hard and paying rates and taxes for police-officers to protect you and to treat you like this"—she then came out and went home with me—I was at the police-court next day when my brother was brought up, mother did not go the first time, she did the second—Mr. Paget said "I will grant you a summons against police-constable Hyde."
Cross-examined. I was coming home, down Crescent Street, when I first saw the disturbance, my brother had a drop to drink, he was not speechless drunk or violent, he knew what he was doing—he did not knock down one of the constables; I did not see him kick one of them; I did not see a policeman's helmet knocked off—when I went in to my mother, my brother was in the hands of Hyde; I did not see Kersey; I saw him afterwards when they got up the stree-when by mother came out, she went close up to my brother, she stood by the side of the policeman, about a yard from him—she only said "Go quietly Harry, your father will soon bail you out"—she did not say anything else, because she was knocked down—he said "Get out of the way," and went just like that (describing), and caught her by the side of the face with his right hand—my father was asleep, ill in bed—I was examined twice at the police-court—I did not say there that my mother said to the policeman "Don't hurt him," yes, I think I did say it, I forgot that now—Hyde and Kersey took my brother to the station, my father had been ill a day or two, he suffers from 'the gout—he got up at 2 o'clock and went and bailed him out—my mother went into the beerhouse after she was knocked down, Mr. Hobbs took her in, he is not a friend of ours, he is a neighbour, I have known him two or three years—I saw Kate Forrester taken in custody outside the station; she was standing with me—I did not see Goldsworthy walking behind the other constables; I met my mother going to the station five or ten minutes after my brother bad been taken in—she went into the station to make her complaint; she went to the. door—she had her foot in, but she was not right. in, she only went in between the door—she did not go right into the charge-room, she stood between the charge-room door, she could not have had more than one foot in, she did not walk up to the desk—I could not see the sergeant sitting there, it was the sergeant that turned her out, that is him, Borner—I did not see where he came from; I suppose he came from the desk—he caught hold of her like this, and said "Turn out," she was at the top of the steps, if she had not caught hold of the rails she would have Men down on her face—I never went beyond the bottom of the steps on the pavement—she got my father to bail my brother out, he is in the habit of bailing people out.
Re-examined. My father has had this beerhouse seven or eight years—I did not see the origin of the row between my brother and the police; when I came down, the policemen were just trying to catch hold of him and I immediately went in and spoke to my mother, and she came out.
THERESA HARWOOD . I live at 20, Crescent Square, Notting Hill, and am the wife of Frederick Harwood a carpenter, and live opposite the prisoner—hearing a noise I opened the street door and saw the two constables, Kersey and Hyde at the bottom of the house in which I live—the young man who
was taken in custody came out of the house as I opened the door and passed out behind me, and when he came out Hyde laid his hand on his shoulder and said "What have you been up to young Marsh?" a woman had been beaten and the constable said "What is the matter!" the woman said "My husband has beat me, and I give him in charge"—with that Hyde took him by the railings and said "I shall take you in custody"—he said "What for?"he said "For beating a woman," with that they took him; when he went into the road, and struggled with Kersey on this side and Hyde on that side—the mother came and said "Harry go quietly, father will soon bail you out"—Hyde said, "Get away, and he struck her with the back of his hand, whether he did it to prevent himself from the people, or whether he intentionally struck her, I can't say—she fell on ground and I saw some man pick her up, I did not know at the time who it was.
Cross-examined. Henry Marsh had had a little, I should not consider he was drunk, because I called him over to protect Ms brother's wife—Kate Forrester was not there at that time—I should think there were two or three dozen parsons outside the beerhouse—there were no stones thrown at the police, I never saw any thrown, or bricks—I did not see a constable's helmet down—the prisoner was quite close to her son,• when she said, go quietly, she could have touched him—Kersey and Hyde both had hold of him at that time, he was in a stooping position—I did not see the constables on the ground—the blow Hyde gave the prisoner knocked her over, she fell on her back, she is a heavy woman, he pushed her over, I saw her on the ground—Kersey and Hyde took Henry Marsh away, I saw no other constables there—I did not see another constable keeping the crowd back—Henry Marsh resisted being taken, to the station, I did not. follow to the station; I have known him about six years—I know Mr. and' Mrs. Marsh by living opposite, that is all, as neighbours, nothing else; I consider the back part of the constable's hand touched the side of the prisoner's neck—I was examined at the police-court as one of the witnesses for Henry Marsh.
ABRAHAM BROOKS . I live in Prince's Road, Notting Hill—I am a hod boy to plasterers—on the night of 22nd July I was walking up Crescent Street—I saw the constables taking Henry Marsh to the station—I saw Louisa Marsh go into her mother's beerhouse, I saw the mother come out—I heard her say to the policeman "Don't hurt him, because he is not well"—the policeman knocked her down with his right hand, with his open hand like that, with the back (describing); she toppled over—I saw somebody pick her up, I don't know who it was—I was going up the lane and saw Mrs; Marsh go to the police-station—I did not go in, I stood on the bottom step—I saw her go into the charge-room, into the place where the inspector was—I heard her say "Please, sir, I have come to make a complaint, the police officer knocked me down"—she said to the policeman "Here you are, what provocation did I give you to knock me down"—the sergeant said "Have you any more to say"?—she said. "No," and he said "Turn out"—she said "This is what we pay rates and taxes for, and the police treat us like dogs"—the sergeant got up from his seat and told her to go out, I saw him get up from the desk—I then came home—Mrs. Marsh did not come with me.
Cress-examined. I have known Mrs. Marsh a good many years—I know Henry Marsh, I could not tell whether he was drank that night—he did not struggle with the constables, I believe two constables had hold of him—I did not see him struggle, he was walking quite quiet—Mrs. Marsh was about
a yard from the coustable—she said "Don't hart him, because he is not well, go quietly Harry, your father will soon bail you out"—I don't know whether he was violent—I did not see her go into the beerhouse afterwards, I don't know what became of her, I saw the man pick her up—I believe I saw the sergeant come up—I did not see one of the constable's helmets on the ground—I went with Mrs. Marsh to the police-station—she saidhe was going to make a complaint against the police-officer who knocked, her down—she said nothing about bail—she stood at the charge-door, she could look into the room, I could see, she went just to the door, I could see her in the room, and I could see some policemen there—it was Hyde she charged with knocking her down—I was examined at the police-court for Mrs. Marah; when she was charged—I was standing on the bottom step off the., station—some other boys were with me, Alfred Davis, Alfred Main, and Marshall, they are friends of mine, they were standing with me they are not here, they were standing out in the road; there was only me standing on the steps—I did not say before the Magistrate that Davis Marshall, and Main were in the roadway—it was while I was. standing on the step that I saw the inspector get up from his desk.
ROBERT HOBBS . I live at 12, Crescent Street,' Notting Hill—I saw the disturbance on a Saturday night—I saw the defendant her son was then in custody—I did not hear her say anything—I saw her either Knocked or' pushed down by one of the constables, I am not able to say which constable it was—I ran down the steps and picked her up, she was on the ground—I believe it was the third constable that knocked her down; it was a constable in uniform—I was standing on the steps of my house—I afterwards went to the station, but did not hear anything that took—place—I-stood outside until She came out and then I went home with her again.
Cross-examined. She went into the charge-room—I lost sight of her, she went right into the room—I was standing just at the bottom of the-steps, on the pavement—I could not hear a word that-passed in the charge-room—I saw her come out, she came out quietly and alone, I believer-nobody turned her out that I saw—I did not see anybody pushing her or taking her by the arm—when the constable pushed, her in—the street she went right over on her back, she was perhaps a yard from the constable—I did not hear anything said—I can't recognise which, constable, it was I can't say which, constable it, was—I can't say. whether. HenryMarsh was drunk—he, is not a friend—of mine; I have, known him from a child, ten years at least—I know Mr. and Mrs. Marsh very well, I have worked for. Mr. Marsh—Henry Marsh was rolling' about the streets did not see him roll the constable about; there-were no stones thrown; that I know of—there was but very little noise till he was taken into custody that was when I heard of it—I came out on business, not from the disturbance—I was standing at my own door, that was my business.
Re-examined. What I saw was when I was standing on the doorstep of my own house—I had to go into the street to pick the woman; up—my house is about 40 yards from the prisoner's, on the other side of the way.
ELLEN MARSH . I am the wife of William Marsh, one of the defendant's sons, and live at 20, Crescent Street—on the evening of 22nd July I saw my' brother Henry in the custody of the police—I did not see my mother come out, but when I saw Henry taken I saw her standing in the road—I saw the policeman knock her back with his right hand; she, fell to the ground;
I saw her picked up by Robert Hobbs—T could not identify the policeman that did it.
Cross-examined. My brother was not to say drunk, he was excited—I did not see him struggle at all—I did not hear my mother say any thing—it was one of the constables who had hold of my brother that did this; there is no mistake about that—I was standing next door, on the right hand side—there were a good many persons there—I was quite close to the constable, he touched the right hand side of my mother's face, like that, and knocked her backwards—I did not see her go into the house—I went to the chemist and saw no more.
HENRY MARSH . On the night in question I was taken into custody by. the police, taken to the station and charged with an assault on the police, I was tried for it before the Magistrate and convicted—I remember my mother coming into the police-station—she said "I come to make a complaint, being knocked down by the police"—she turned round and said "That is the constable that knocked me down" and she said "What provocation did I give you to knock me down"—the sergeant said "Have you got any more to say"—she said "No, I only want to know what provocation there was for the constable to knock me down; I pay rates and taxes, and I was knocked down," and thay ordered her out of the station—I was in the dock, she came up towards the desk where they book the charge, she came up the steps and came right in up to the desk—the dock sergeant turned her out, I could not make any observation, because they were taking my money from me—my father afterwards came and bailed me out.
Cross-examined. That was at something like 2 or 3 o'clock in the morning—I was put in the dock, which is right in the corner; my mother came into the room and oame up to the sergeant's desk, just in front of him, and she made this statement to him, pointing out the constable there and then; the sergeant said "Have you got any more to say," and said "Turn out"—he got up from his desk—there was Hyde, the sergeant and another constable with ginger whiskers, and Kersey I think was standing on the steps, I don't know their names—there were plenty to turn her out without the sergeant, but he made it his business, without anybody else, he pushed her—one of the police got hold of me and said "Turn out your money"—I was not drunk or the worse for liquor or disorderly—I was disorderly when the police took me—I did not upset them both, nor ne'er a one of them; I did not kick any of them—I saw my mother knocked down—I was not asked about that—Hyde knocked her down, and I said "You will pay for knocking my mother down," and I was hit in the month and my mouth bled; he pushed round and shoved her down—she said "Harry, go quietly, your father will soon reprieve you"—I think I have been charged twice, only twice—I was charged before Mr. Bridge, and he bound me over to keep the peace for three months, that was not for an assault, for being drunk; I was drunk then, I never broke the peace—I was not taken up on 17th May, 1874, for assaulting Kate Forrester—I never lived with any woman, she gave me in charge for an insault—I was not taken in custody on 19th May, 1875, for disorderly conduct—I was summoned once—I was not bound over, it was only for heaving a stone at a young man who had got his father's hat on, I was fined for that—I was only locked up twice; once when Kate Forrester charged me with assaulting her, and the inspector would not take the charge; she did not charge me a second time—she did
not charge me on 19th February, 1876—I have not been locked up this year, only this last time—I am not under remand now for an assault—I was not charged with my brother William with assaulting George Field—there was a warrant taken out for my brother, I believe, and I went up to the station, I was told they required me, and they said "You had better stop here now you have come"—the case comes on at Hammersmith tomorrow—Mr. Dracey and my father bailed me—my mother did not come to the charge-room about getting me bailed, she never mentioned no bail; she knew very well that I could get bail—I was not locked up for thieving, in fact, my mother don't trouble about us at all—I came home and was laid up with the diarrhoea, and there was a disturbance, and they struck me.
CORNELIUS THOMPSON . I live at 23, Lockton Street, Commercial Road, and am a plasterer—on the night of 22nd July I was in Crescent Street and saw a disturbance—I saw Henry Marsh in custody—I saw Mrs. Marsh cross the road, and I saw her pushed down by a policeman, she went to the ground and she was picked up by Mr. Hobbs—I cannot say which constable it was that knocked her down, it was a man in uniform.
Cross-examined. I have known Mrs. Marsh twelve or fourteen years—I heard nothing said—the crowd was disorderly, the few that were there; there were one or two rather disorderly—I did not see stones thrown—the constable had Henry Marsh by one hand, and then fie turned round and pushed Mrs. Marsh down—I don't know whether Henry was drunk, I was not near enough to see.
FREDERICK MARSHALL . I am a painter of 29, Crescent Street—on 22nd July I was standing at my door, which is about 12 yards from Mr. Marsh's—I saw Mrs. Marsh in the road, "and saw a constable knock her down; I saw her picked up by a man who lives nearly opposite I don't know his name.
Cross-examined. There were only two constables in the street; they had hold of Henry Marsh—I could not say he was drunk'; I think he was sober—he went well and quietly as far as I saw him—I did not see him struggling with the constables—I have known Mrs. Marsh twelve years, all the time I have been in that street; I have known the son as well—I was examined before the Magistrate on 5th September; I attended there on two occasions.
NOT GUILTY .
FOURTH COURT.—Monday, October 23rd, 1876.
Before Robert Malcolm Kerr, Esq.
MESSRS. CRADFURD and LLOYD conducted the Prosecution; and MR. J. P. GRAIN the Defence.
THOMAS BANNISTER (Police Sergeant G). On the night of 2nd October I was passing the Pindar of Wakefield public-house, and saw the prisoner and his wife—a woman, named Draker, came out and spoke to them, and. They all three went into the house—I sent for assistance and placed two constables in a dark place to assist me—the three then walked to the corner
of Swinton Street, and I directed the two constables to seize Draker, I followed the prisoner and his wife—I heard a noise, looked round and saw Darker in custody and another constable picking up something—I said "Don't let go of her hand"—he said "She has thrown something away, but I have got it all right"—I went back and took Wilson, who said that he was going home—I said "You have been in company with coiners and I shall arrest you on suspicion"—I told Dickens to seize her other arm—when they were placed in the dock at the station, Draker used an oath, and said "You have done this for us"—I found in the prisoner's trousers pocket this packet, containing two bad half-crowns, with paper between them, and a halfpenny and a bad half-crown loose—Peckham handed me this handkerchief, containing two packets, in one of which were ten bad half-crowns, and in the other five, with blotting paper between each—on Draker was found 5d. and a purse—the prisoner's wife was discharged by the Magistrate.
JAMES DICKENS . I am a greengrocer, of 219, Gray's Inn Road—Bannister called me and I seized the prisoner by the left hand—going to the station he made a dart at his pocket, and said to his wife, who followed us to the station, "Good night, it's all over"—I saw the coin taken from him.
MICHAEL BRYANT (Policeman I 297). I assisted Bannister and took Draker, she threw a white handkerchief down and I called to Peckham to pick it up—he did so, and said "Here is a lump in it"—she was searched at the station, and fifteen bad half-crowns were found on her—when the charge was read over, she said "How could I have it oh me when I threw it away."
WILLIAM WEBSTER . These two half-crowns in blotting paper, and the one found in the prisoner's pocket are bad, and two of them are from the same mould—the other fifteen are bad, and some of them are from the same mould as the others.
He was further charged with a previous conviction of uttering in May, 1875, to which he
THOMAS BANNISTER, JAMES DICKENS, MICHAEL BRYANT, and WILLIAM WEBSTER repeated their former evidence.
JESSE PECKHAM (Policeman E 152). I was about 2 yards behind Bryant when he took Draker, and I saw her throw a handkerchief away—I, picked it up and found in a corner of it fifteen half-crowns—she said at the station "How can you say I had it in my possession when I threw it away."
Draker's Defence. A man asked me to drink and sent me into two public-houses to look for a young woman. When the policeman took me he said you are charged with having counterfeit coin in your possession and throwing it away. I said "How can you charge me with throwing it away when I had nothing to throw away?"
WILSON**— Seven Years' Penal Servitude. DRAKER*— Two Years' Imprisonment.
MESSRS. CRAUFURD and LLOYD conducted the Prosecution. John Tags. I am foreman in the New Cattle Market—on the 29th
September I was at work there and saw the prisoner shuffling something in his hand which he put into some hurdles—I went there and found a packet of bad money—he returned to the spot in twenty minutes, and I had him taken.
Cross-examined by the Prisoner. I did not see you stoop to pick up a little book—I was not 30 yards from you.
ARTHUR RUSSELL (Policeman Y 179). I was on duty, and Tagg showed me a parcel containing fifteen bad florin and nine bad shillings—I spoke to the sergeant on duty and returned and saw the prisoner go to where the money was found—I stopped him and asked him what he was doing—Tagg. came up and said "That is the man who put the money under the hurdle," he said he knew nothing of it—I found in his pocket this part of a book and the other part under the hurdles—ten of the florins "were wrapped in blue tissue paper and the rest were loose.
Prisoner. I picked up the book to light my pipe and put it in my pocket. Witness. You had a pipe on you but no tobacco.
Prisoner's Defence. I had some tobacco, because the sergeant gave it back to me at the station.
GUILTY — Two Years' Imprisonment.
MESSRS. CRAUFURD and LLOYD conducted the Prosecution.
BENJAMIN WILLIAM WALTON . I am barman at the Crown public-house, 172, Cable Street—on Monday, 9th October, the prisoner came in for a glass of ale and put down Is.—I broke it in half and gave both pieces to the prisoner, who put them in a purse and gave me a good half a crown; I gave her the change—she did not say a word about the coin being bad.
ROBERT CARTER . I keep the Crown public-house—I saw Walton serve the prisoner; he said "I think this is a bad one"—I said "Break it," and give it to her back," he did so, and she put the pieces in her purse and paid with a half-crown—she went out and I followed her; she joined a man, they went a little lower down and separated—she came back to the Hoop & Grapes and put down a shilling—I said "Look at the money" he tried it with his teeth, and said "It is bad"—I detained the prisoner.
THOMAS RAYCROFT . I keep the Hoop & Grapes—on 9th October my sister served the prisoner with a pint of beer, she paid with 1s.—Mr. Carter came in and spoke to me; I tried the ls. and found it was bad, and gave it to a constable—she seemed sober.
GEORGE WATKINS (Policeman H 65). On 9th October about 12 o'clock I was called to the Hoop & Grapes, and found the prisoner detained for tendering bad coin—she said that she had 5s. given her by a gentleman and did not know that they were bad—I received this shilling from Raycroft.
Prisoner's Defence. I am an unfortunate girl; I had the money given to me.
GUILTY Twelve Months' Imprisonment.
MESSRS. CRAUFURD and LLOYD conducted the Prosecution; and MR. DALTON the Defence.
CLARA COLLIER . I am barmaid at the Rupert Arms, 11, Eastcheap—on 9th September, about 2 o'clock, I served the prisoner with a glass of ale, which came to 2d.—he put down a florin; I gave him the change—he drank the beer and left—I put the florin in the till—Mr. Kingston spoke to me as the prisoner went out—I then looked at the florin and found it was bad—the prisoner had been there before that day and paid with a florin, which I put into the till and afterwards found a bad florin there.
Cross-examined. There was about 1l. in the till, but I did not notice any other florins—it was emptied about 3 p.m.—I am quite certain of the prisoner.
HENRY KINGSTON . I keep the Rupert—I saw the prisoner there at 11 o'clock, and again at 2 o'clock—I served him at 2 o'clock—he put down a florin, and I saw the barmaid give him 1s. 10d. change—I told her to look at the coin, and she gave me a bad florin from the top of the till which I afterwards handed to the policeman.
MARY ANN WILSON . I am barmaid at Guildhall Tavern, Gresham Street—on 14th September, at a little, after 12 o'clock, I served the prisoner with a glass of ale—he gave me a bad florin—I detained him and sent for a policeman.
Cross-examined. He did not attempt to go away because he did not know what I had done—when I charged him he said "I do not know whether that is the one or not which I gave the young lady"—I had never seen him before.
Cross-examined. I found no bad money on him.
NOT GUILTY .
MR. READ conducted the Prosecution.
GEORGE GLANVILLE . I live in Jeffery Road, Clapham—on 16th October I was at Ludgate Hill Railway Station rising to get into a train—the prisoner pushed against my right arm and I felt a tug at my watch and found the chain hanging down—a gentleman said something and I followed the prisoner and charged him with taking my watch—he said that he had not—I saw him drop it, and gave him in charge; this (produced) is it.
Cross-examined by the Prisoner. I distinctly saw you drop it—the station is well lit—I do not know where the man is who said that he saw you take it.
THOMAS GENZIER . I am a wine merchant, of 27, Clement's Lane—I was on the platform at Ludgate Hill, and saw Glanville holding the prisoner, who threw an article down—Glanville picked it up—it was a gold watch.
Cross-examined. You were in front of me, and you threw the watch backwards.
WILLIAM HENRY ORCHARD . I am a solicitor, of Bedford Row—on 16th October I was at Ludgate Hill Station, standing behind Genzier, and saff Glanville seize the prisoner by the coat—I saw the prisoner throw a watch from his hand behind him—it came against my feet—I picked it up, and handed it to Glanville.
Prisoner's Defence. I am innocent. I was not near him.
He was further charged with having been before convicted in August, 1875, to which he
PLEADED GUILTY**— Seven Years' Penal Servitude.
MR. R. WILLIAMS conducted the Prosecution.
THOMAS BURROWS (Policeman C 273). On 1st October, a little after 4 a.m., I was on duty in Berkeley Square, and examined the. area of Dr. Hewitt's house, No. 36, and found this chisel and knife (produced)—the bar was hanging down—I communicated with the people of the house—the area gate was locked, and there was a little dirt as if a person had climbed over.
ERNEST JAMES MAYHEW . I am footman to Dr. Hewitt, of 36, Berkeley Square; that is next door to Lord Londesborough's—on Saturday night, September 1st, about 10.45, I locked up the house—I locked the area door, put a bar across, and bolted it—the area gate was locked and the key taken upstairs—on Sunday morning I was rung up by a constable, went outside, and saw a bar projecting from the area door and one or two of the bars broken, and half the glass taken out—there were two broken panes lying on the steps.
THOMAS ANGLESEA . I am hall porter to Lord Londesborough—I was standing on the steps at 12.15 or 12.30, and heard the breaking of glass at No. 37—I went to the area and-saw a man rush up the steps and spring over the gate very quickly—I said "What is the matter?"—he said "Look at her," and went very quickly round the corner of Mount Street—I saw his face distinctly; there was a lamp at 37 and another at 38—on 6th October, I was taken to the station, and saw eight or nine men—I asked if there were any more, and was told no—I then picked out the prisoner as the man I had seen—I have not the least doubt that he is the man.
GEORGE TRUELOVE . I am footman to Lord Londesborough—I was on the steps and heard glass break—I saw a man come out of the area of 36, climb over the gate and walk away—I saw his face—there was a lamp at 36, "brighter than an ordinary street lamp—I heard him say something to Anglesea, but could not hear what it was—I was taken to Marlborough Street, on the 14th, and was shown seven or eight men—I picked the •prisoner out and am positive he is the man.
NOT GUILTY .
OLD COURT.—Tuesday, October 24th, 1876.
Before Mr. Recorder.
CHARLES MARSHALL . I am a waiter at the Sun Music Hall, Knights-bridge—about 18th or 19th August, a cabman brought a letter which was handed to Mr. Williams, the proprietor—he read it and gave me 1l. 10s. in gold to take to the cabman, which I did; I afterwards saw the contents of the letter, this is it (Read: "Friday morning. Dear Mr. Williams. Would you do me the favour of advancing me on my salary 30s., for I have—a small bill to meet to-day and have not quite sufficient; if you will forward it by
bearer you will oblige, if not please return the enclosed by bearer. Yours, Frederick Charles. ("Enclosure: "I O U 30s., Frederick Charles, Military Comminute.")
JOHN WARBEY . I am a fancy box-maker, of Princes Street, Barbican—the prisoner was in my employment eighteen months; I have seen him write everyday, continually, he kept my books—this letter and I O U are his writing, also these other two letters, and I O U's.
Cross-examined by the Prisoner. I have no interest in this case, I am not prejudiced against you; I last saw you write in January 1874, I have not my books here, I can get them in five minutes, these three letters are not written alike, you wrote so many hands.
WILLIAM BURNHAM FAYER . I am a comedian, and live 393, Kennington Road—I was engaged at the Foresters Music Hall, in August and September—this letter is not my writing. (Upon Mr. Williams proposing to live this evidence, the Recorder having ascertained that there was no proof uttering by the prisoner, declined to receive it; as it could only be tendered to show guilty knowledge, and did not affect the question of forgery. The document was, however, admissable for the purpose of comparison of handwriting, and was put in.)
Prisoner. Q. You never saw me before? A. Not to my knowledge.
JOHN CAVANAGH (Policeman N 442). I was at the police-court, on 23rd September, when the prisoner was charged with forging these documents—at that time Everleigh and Cross had been committed for trial—all these three documents were then produced—I believe the prisoner saw them!.
Cross-examined. I stated at the police-court, that Mr. Botting had one of these letters, and that he refused to give it up because he thought it was Everleigh's writing who was a friend of his—I have not shown these letters to anyone but Mr. Warbey, to ask if they were your writing; I showed them to him because he had been your employer, and he produced his books and compared the writing of the letters with them, and said they were your writing—I have not a letter of Mr. Travers, you were not committed on that charge.
FREDERICK CHARLES . I am a comic vocalist, and live at 35, Russell Street—I never saw the prisoner till he was at the police-court—I did not give him or any one authority to write this letter—I was engaged at the Sun Music Hall at that time and more than 30s. was due to me.
Cross-examined. I stated at the police-court that Mr. Botting had a letter of the same kind; I saw it, it was exactly the same handwriting, got up in' the same style.
JOHN WARBEY (re-examined). I have now got my books, the first page is all the prisoner's writing, it was partly from the likeness to this writing that I came to the conclusion that the letters were written by him, but he wrote so many hands.
Cross-examined. At the time you were with me I had a newspaper and tobacconist's shop in Church Lane, Islington, which was managed by my wife and one of my brothers, I was generally at Barbican; I came occasionally to see how you were getting on; I saw you writing continually—you were a commercial traveller and had 10s. a week and 3 3/4 percent. commission; here is your own writing as a receipt for your salary; you put yourself down as "George," that does not refer to the boy, but to you—you kept the cash-book so that nobody could understand it—I am not aware that your mother holds an I O U of mine or my brother's, I know nothing
about it—I told the Magistrate that I could tell your handwriting upside down.
Witness for the Defence.
CHARLOTTE NASH . The prisoner is my son—I have been continually in the habit of seeing his writing—he has been travelling about the country, for some time and I have received three or four letters from him a weeks besides newspapers—this letter (signed Frederick Charles) is not my son's writing—I produce a letter of his; I don't think the date is to it, it is on. that my sister received from him—I hold an I O U of Mr. Warbey's for 10l—I have no other letter of my son's than this one—I destroyed them.
Cross-examined. This letter is not his writing (one produced by Mr. Warbey), I am quite certain of that; it is addressed from my house—I don't believe it is his writing, it is not as he writes to me; yes, I see it is his writing—I do not think these other letters are his (the alleged forgeries), not the least like it.
Prisoner's Defence. This prosecution is brought forward at the instigate of Mr. Warbey on account of some fall out. The letters are not my writing None of the witnesses saw me at the hall.
NOT GUILTY .
481. GEORGE EDWARD NASH (24), was again indicted with CHARLES CROSS (23) and FREDERICK EVERLEIGH (26) (see page 575), for feloniously forging and uttering a request for the payment of 2l. with intent to defraud.
EDWARD MONTAGUE GLADWIN . I am manager to Mr. Robert Ford, "pro praetor of the Foresters' Music Hall, Cambridge Road—on 19th August this letter was handed to me by one of the servants in an envelope addressed to Mr. Ford—I went into the lobby and there saw Cross—I asked him. What he was waiting for—he said for an answer to a-letter—I said "Who from I"—he said "From Mr. Fayer"—I asked. him what he wanted—he said he had to take back either 2l. or an I O U—I gave him 2l. and then asked for his name and address—he said "Charles Cross, 4, Bentley Terrace, Kings-land," and I wrote that at the back of the letter—I have seen Nash in the hall as a customer several times—Mr. Fayer was a singer at the hall at this time.
Cross-examined by Nash. I can't say that I had seen you at the hall for a month or two before, or while Mr. Fayer was singing there.
WILLIAM BURNHAM FAYER . I am a comedian, "and live at 393, Kennington Road—on 19th August I was engaged at the Forrester's Music Hall—I know Everleigh by sight only—I did not write this letter or 10 U—I have seen Cross; I did not authorise him to give my name or deliver this letter, or Everleigh either, or to receive any money on my account—I never saw Nash to my knowledge.
CHARLES BANKS (Detective Officer K). I apprehended Cross on a warrant for uttering this order—he said "It is no use my denying it, I did receive the 2l., but not all for my own purposes"—I have been to 4, Bentley Terrace and found that he had left there for some months—I took him into custody outside Clerkenwell police-court at the time Everleigh. was before the Magistrate there.
Cross' statement before the Magistrate was read, in which he stated that the letter was written by Everleigh and given to him to take to the music halll.
The prisoner Nash called
EVERLEIGH and NASH— NOT GUILTY .
CROSS— GUILTY [Recommended to mercy by the prosecution, believing the whole scheme to have been concocted by Nash. See original trial image.] — Four Months' Imprisonment.
EVERLEIGH was also sentenced to Four Months' Imprisonment on the previous indictment (See page 575).
They were both recommended to mercy by the prosecution, believing the whole scheme to have been concocted by Nash.
MR. PUKCELL conducted the Prosecution; and MESSRS. WARNER SLEIGH and Mc Liston the Defence.
WILLIAM NIOHOLLS . I am a cigar merchant, formerly of 1, West Street, Moorgate—I reside at Islington—in June last the prisoner was in my service at a salary of 30s. a week and 5 per cent. on all sales—I used to send out with him goods to various customers—on 12th May I purchased ten boxes of cigars of Mr. Cowen, with the brand Enchantre", and paid for them—I went with the prisoner expressly to get those boxes, and sent him with them to Mr. Glancey's—he returned at night very much the worse for drink—he said the ten boxes had been stolen out of the trap, and he was not able to go to Mr. Glancey's, and that he ought to have had somebody with him—on 9th June I went with the prisoner to Mr. Hewitt's, who keeps the Red House Tavern, St. John's Wood, and purchased two cases of cigars, and in driving through the cattle market afterwards with Mr. Hewitt he bought four geese and I bought three—when I got home there were only two, and the two boxes of cigars were gone—I said "How. is this?"—he said "I don't know"—I said "You have been robbing me for a long time"—I went to the boot of the trap, where I keep the nosebag, and there was the missing goose, killed, and the two boxes of cigars, wrapped up together in a newspaper, all over blood—I said. "What is the meaning of this?"—he said "I don't know anything about it"—I said "Well, I will. let you know something about it directly"—I took the goose into my garden, and when I came out the prisoner was running down the street, and I never saw him any more till he was taken into custody—I had occasion to go that day to Mr. Lewin, a customer of mine, and he gave me a box of cigars to look at—they had the Enchantre brand—Mr. Lewin also produced this invoice; it is the prisoner's writing. (Read: "May 15,1876. Mr. Lewin, bought of Nicholls, Lloyd, & Co., cigar merchants, c., ten boxes of Havanas, Enchantre's, at 15s. 3d., 7l. 12s. 6d. 2 1/2 discount, 7l. 8s. 6d. Settled by cash same time, J. Lloyd, Nicholls, Co. "The price to Mr. Glancey was 10s., these were charged at 15s. 3d.—he said they were 3d. cigars.
Cross-examined. I believe the prisoner is now working for Messrs. Jackson Co., cigar merchants, of Holloway—I did not obtain my partner's sanction for this prosecution—I did not sec much of him; I see him occasionally outside the Nag's Head at Holloway—he is to be seen there every day—I can't say that I remember seeing him there a few days before I instituted these proceedings, and having a conversation about some goods
I had sold belonging to the partnership; I can't say I did not—I sold some wine warrants and something was said about what was to be done with the money—he asked me when I was going to pay the money—I don't think he said anything about paying it into the bank, because the money was bespoke—he wanted me to give him part of the money for his own use, and I paid every shilling of it away, and can produce the receipts for it; it was 70l.; and 60l. went for rent out of it—I did not ask him who gave him the information about the warrants, nor did he say he would not tell me—I did not say it was the prisoner—he asked me to let him have half the money, he was going to the races next day; that is how he gets his living—I would not give him any; the prisoner's name was not mentioned—I. did not say "I will make Barron so as his own mother won't know him"—I know Mr. Lloyd is here; he was five times at the police-court and never opened his mouth—I never had a penny for the ten boxes of cigars—I called at Barron's house on Monday, loth May, to see what had become of my samples—I saw him rolling about at 10 o'clock at night, and he had not returned with his samples—I did not receive 4l. 6s. 3d. on account of the sale of these very cigars, in the presence of his son William, his daughter Ellen, and Miss Manham, his housekeeper; that I swear—I did not have the ten boxes of Enchantres home on the Saturday evening—he sent me a note on the Sunday night—I have not saved it, it was merely a little scrap of paper; I can tell you what was on it—it was not "Dear Nicholls,—Please give my son the ten boxes of cigars for Parish, also my samples, as I want to get round early in the morning to catch him"—the note was to send for the samples, four boxes in one parcel and three in the other, and I thought it was very much out of order sending for them on a Sunday night—the samples were not taken out of the trap the day before; when I got home—he returned home by himself drunk—they were taken out on the Friday at my house; that was the usual course—he did not go out on the Saturday—he had the ten boxes to deliver to Mr. Glancey on Friday—I was at Mr. Cohen's about 11 o'clock that morning—the prisoner said that Mr. Glancey had ordered the ten boxes of him, he had not ordered them of me—I went to Mr. Glancey next morning to see if he had ordered them, and he said "No"—I am not in partnership with Mr. Lloyd now—I had to dissolve partnership in consequence of my private insolvency—I did not give my son a character in the name of Franks—the prisoner accepted a bill for 75l. for me, and I lent him 25l. afterwards in gold; that was for a debt that he had to pay—it was an accommodation bill on his part—I have lent him plenty of money out of my own bank, which I can prove.
ALFRED LEWIN . I keep the Nightingale Tavern, Wood Green—on Sunday, "' 14th May, the prisoner called on me, he had been several times before, and introduced himself to me as Lloyd—I thought he was one of the firm—he asked me if I would line him—I said I did not want any, but if he would bring me some as a sample I would see, and he brought me ten boxes next day—I had asked for six—the invoice charge was 15s. 3d.—I said "I don't like taking more than I have ordered"—he said "You will like the goods"; and I paid him without looking at them.
Cross-examined. I had seen him with Mr. Nicholls two or three times, and I had been led to believe he was Mr. Nicholl's partner, not by Mr.
Nicholls, but by himself—I thought he was Lloyd; they appeared to be on perfectly good terms.
ROBERT WHITE (Detective). I took the prisoner into custody on 21st June, for stealing ten boxes of cigars—at first he said he knew nothing about the cigars, but at the station after he was charged, he said "I took the cigars to Mr. Glancey and they were not good enough, he would not take them in."
JOHN GLANCEY . I live at Wood's Hotel, Lincoln's Inn Fields—the last purchase of cigars I made from Messrs. Nicholls was six boxes, which I bought of Mr. Nicholls and paid him ready money for—I forgot to bring the invoice with me, it was in the early part of the summer, three, four or five months ago—Nicholls and the prisoner came together, with a horse and trap—the prisoner called on me afterwards and solicited an order—I can't fix the date—he did not bring me ten boxes of cigars—I never ordered ten boxes, he did not bring any nor did I refuse any.
Cross-examined. I have known him some years, and always found him a highly respectable man; he is a member of the Spectacle Makers' Company—I have seen him and the prosecutor together at my house on the most friendly terms; I was led to believe from the first transaction that they were partners or something of that sort, from the way in which Mr. Nicholls treated him; they had tea at my house and spent a very pleasant evening—about a week before the Derby day, the prisoner called on me and I ordered twelve boxes of cigars from him, which was not supplied through the prosecutor, but through some other firm.
GEORGE HODGES . I am waterman at the Red House, St. John's Wood on 9th June seven geese were brought there in a trap, the prisoner gave me four out for Mr. Hewitt, the landlord, and there were three left—I took the four in—I afterwards saw the prisoner take one out of the trap and kill it, and put it in the boot under his feet.
Cross-examined. Mr. Nicholls was then in the wine bar—I don't think either of them were intoxicated; they seemed very friendly together, the prisoner was outside and Mr. Nicholls was inside—I dare say they were there an hour and half—Mr. Nicholls was the gent, because he stopped inside, but I dare say the prisoner went in and had a liquor.
The following witnesses were called for the defence.
EDWARD BARRON . I live at 17, Riversdale Road, Highbury Park—I am the prisoner's son—on 14th May at his request I took a note to Mr. Nichollfi' house, Mr. Nicholls showed me the note, it was "Dear Nicholls—Please give' my son the ten boxes of cigars for Parish, also my samples as I want to get off early in the morning to catch him, yours truly, E. Barron". My brother Charles was with me, and was present when the note was read—it was shown to him as well by Mr. Nicholls—after some time he gave me the boxes of cigars—I carried ten boxes, and my brother carried a few, I don't know how many.
Cross-examined. This was on Sunday evening, 14th May—the note was not read to me, I read it myself—I believe I remember the words exactly I did not notice the blind on the boxes, they were done up in brown paper—I never fetched any except on that occasion.
small parcel was left on the mantel piece, containing 4l. 6s. 3d.—I saw the prisoner count it out—Mr. Nicholls called that evening, and I saw the prisoner give it to him.
Cross-examined. I am no relation of the prisoner—I don't know that Mr. Nicholls had ever called for money before—the prisoner was quite sober that evening, he was not rolling about.
Cross-examined. My sister and the housekeeper were present, and I believe my brother Edward—Charles was not there; neither of them were in the room when the money was given—it was on the 25th May—I remember the date by the almanac, it was on a Monday—I was not examined before the Magistrate—my two brothers were there, but were not examined.
THOMAS PARISH . I am a licensed victualler in Montague Street, Spitalfields—in May I had two boxes of cigars of the prisoner as samples, and I ordered ten more to make up the dozen—he brought them on Saturday morning and when they were opened I disapproved of them—I said they would not suit my customers, and were not like the sample—he showed me the invoice and asked for pen and ink and said, "I can make more money of them, I am going to Wood Green to a gentleman I can sell them to."
Cross-examined. I had the two boxes eight or nine days before, I did not notice the brand—I had a receipt for what I paid, I believe the officer has it.
JOHN MYERS . I pass under the name of Lloyd—I was trading with Mr. Nicholls under the firm of Nicholls, Lloyd, & Co., in West Street, Finsbury—I did not give my consent to this prosecution, I don't believe in it in any way—I would not believe Mr. Nicholls on his oath—we engaged Barron to travelforus, Mr. Nichollf introduced him as a highly respectable man—in June I saw Nicholls outside the Nag's Head, in the Holloway Road, and had a conversation with him about some wine warrants—he asked me from whom I had the information, I refused to answer him—he said "I know who told you about selling those cigars, it was Barron and I will make him so that his mother shan't know him"—I prosecuted Nicholls at the Guildhall police-court for robbing me.
Cross-examined. The prosecution was withdrawn, they referred it to arbitration, he apologised next day.
THOMAS PARISH (re-examined). It was not two months before the ten boxes came that I bought the two boxes, I am not particular to a day, being no scholar—I always allow the Missus to pay the bills—I think it was. on 12th or 13th May that the ten boxes were offered to me, I can't say for certain—it was on a Saturday, morning from 10 o'clock to 10.30, I said at the police-court it was on Monday—this (produced) is the invoice that was shown to me, this is dated the 12th—it might have been on the Monday I could not say for a day, it might have been on the 15th.
GUILTY — Twelve Months' Imprisonment.
MR. POLAND conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
HENRY BLYTH . I am a cashier at Messrs. Coutts' bank, in the Strand on 5th September shortly before 4 o'clock the prisoner handed this cheque at the counter—we have a customer named Burges, of Hill Street, Berkley Square and Ireland, his name is spelt with one's, and his second Christian name is John Winy—I noticed that the name on the cheque was incorrectly spelt and I asked the prisoner how he came by it—he said it was given him by a boy clerk to R. Mason for whom he had done work—I referred the matter to Mr. Stanley the chief cashier and he asked him other questions, I was not present.
Cross-examined. He might hare been in the bank 15 or 20 minutes—he gave an address when he mentioned the name of Mason, but I don't remember what he said.
EDWARD WILLIAM STANLEY . I am the principal in the cashier's department at Messrs. Coutts'—on the afternoon of the 5th September this cheque was shown to me—I saw the prisoner at the counter—I asked him from whom he obtained this cheque—he said "From Mr. Mason"—I said "Who is Mr. Mason?"—"A builder"—"What is Mr. Mason's address?"—"No. 5, Union Street, Berkeley Square"—"What is your name and address?"—he gave James Holroyd, 7, Carpenter Street, Mount Street"—I wrote down those two names and address in his presence—I looked in the Directory and then said "What did Mr. Mason give you this cheque for?"—he said "For work done, I did work for him," or words to that effect—I said "Did Mr. Mason give it to you with his own hands?"—he said "No, his boy clerk brought it to me"—I said "Did the boy say for what purpose it was?"—he said "No, he need not have said that, because I knew what it was"—I then directed Matthews, the constable, to make inquiries and he took the prisoner away in a cab—I afterwards saw Mr. Mason in the prisoner's presence and said "Well, Mr. Mason, do you know anything of this man?"—he said "Nothing whatever"—Matthews also said to me in his presence "He does not reside in Carpenter Street, but at 10, Adam Street, Manchester Square, close by"—I then said to the prisoner "Can you give any reasonable account of how you became possessed of this cheque?"—he made no reply—I then told the constable to take him into custody—Mrs. Arbuth not has an account at our bank—this (produced) is her cheque book; this cheque is one of three that have been taken from the end of the book.
Cross-examined. He did not say that the cheque was brought to him in a note.
ALFRED SCRUBY MASON . I am a builder, and reside at 5, Union Street, Charles Street, Berkeley Square—I carry on business as Richard Mason & Son—my father has been in business there thirty years—this cheque was shown to me on the afternoon of the 5th September, I know nothing whatever of it, or of the prisoner—the endorsement, "Richard Mason," appears to be an attempt to imitate my father's writing—on the body of the cheque the name is Robert Mason.
Cross-examined. We work for Mr. Burges, of Hill Street, Berkeley Square.
GEORGE MATTHEWS (Policeman). On the afternoon of 5th September I went with the prisoner and the cheque to Mr. Mason's, 5, Union Street—on the way there he said that Mr. Mason's boy clerk had brought it to him for payment as he owed him some money—I saw Mr. Mason, senior, standing at his street door—I told him that the prisoner had presented a cheque at Coutts' bank which had turned out to be a forgery and that he said he had got it from his boy clerk—Mr. Mason said "Come inside, I don't know any
thing about the matter"—we went inside and he fetched his son—I related the story to him and he said "I don't know the prisoner at all, I don't owe him any money—the prisoner then said "It is not this Mr. Mason at all, it is another Mr. Mason that owes me some money over a betting transaction"—when we got into the street I said "You have told me a falsehood about Mr. Mason, do you live at 7, Carpenter Street?"—he said "I used to, I now live at 10, Adam Street, Manchester Square"—we went there and found it correct—I asked him where this Mr. Mason lived—he said "I don't know, nobody knows where betting men live"—he gave his name as William Holroyd.
JOHN WNYR BURGES . I live at 37, Hill Street, Berkeley Square—I am a Magistrate of the county Tyrone—I keep an account at Coutts'—I know nothing of this cheque; it is not my signature or by my authority; the names are wrongly spelt—Mr. Mason, the builder, works for me.
MARY HELEN ARBUTHNOT . I am the wife of William Ryarson Arbuthnot—he keeps an account, at Coutts'—I am in the habit of drawing cheques on that bank—this is my cheque-book—in June and July last we were residing at 51, Seymour Street, for a few weeks—during that time I hired a carriage and horses of Mr. Miller, and the prisoner was the coachman, he used to come to the house very often for orders; I used to see him downstairs at the entrance, never in the dining-room—I remember twice taking my cheque-book out with me in the carriage when I went to the Langham Hotel—I did not leave it in the carriage, I took it with me into the hotel on both—occasions—I was not aware that any cheques were taken out of my book—until this inquiry took place—I know nothing of this cheque.
Cross-examined. The prisoner was not my servant, I had nothing to do with him, he merely came with the horses and for orders—I always called him "Coachman"—I usually kept my cheque-book in a little folding desk in the drawing-room, it was not locked.
WALTER HALLETT . I live at 14, Paddington Street—I know the prisoner, his name is James Howlett, he was living at 10, Adam Street, about five years, up to the time he was taken—I never knew him by the name of James Holroyd.
GUILTY of uttering — Eight Months' Imprisonment.
MR. BESLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
SYDNEY SMALLFIELD . I live at 11, Winchester Road, Willesden Lane, and am a clerk in the employment of Edward Mills, trading under the name of Smallfield Co., 55, King William Street—this bill marked A was given"' to me by Mr. Mills on 15th September to present at the bank, it fell due that day; I took it to the bank at Richmond, it was returned marked "No account."
JOSEPH WILLIAM CLARKE . I live at Crown Terrace, Lee, Kent—I am a clerk, employed by Mr. Mills, trading under the name of Smallfield, Mills, & Mead, timber merchants, the prisoner was indebted to the firm, at least 1,000l.—this bill was given on account of that debt, there had been other bills of his. previously which had been dishonoured, and this bill was given. amongst others in part payment; it was not given to me personally, it was given to the firm, I can't say when I first saw it, it might have been in
our possession from six weeks to two months before it became due—I know the prisoner's handwriting very well; I have known him fifteen years or more—the body of the bill is his writing, most decidedly, and the signature "E. Tarrant" is his usual signature—I should hardly like to say that the acceptance was in his handwriting, it seems so much bolder, I would not like to swear to it; the word "accepted" looks very much like it, but looking at the writing generally it seems a bolder firmer hand—I think it differs from his ordinary writing on the face of the bill; still I think it is possible that the person who wrote the body might be capable of writing the other; I have no doubt about the signature "E. Tarrant" being his; the body is certainly his—the M in Mathieson in the acceptance, and the M in the body of the bill are very similar, now I Come to examine it more closely there is a great similarity between them—I have no doubt that the endorsement "E. Tarrant" is the prisoner's writing—he was given into custody on 22nd September, the same morning that I went to the police-court; I charged him with forging and uttering a bill of exchange, the amount was mentioned, the inspector took it; I did not mention it—the prisoner made one or two ordinary observations, but nothing relating to the charge—he asked if he could see Mr. Milk—I said he could not as he was out of town—he said if he could see him he could make the matter all right, and he asked if I would let the matter stand over till next day, till Mr. Mills appeared—I Said "No"—he was then taken to the station and charged.
Cross-examined. He has not obtained any credit of our firm since the bill was given—I said before the Magistrate "I do not know that he has obtained any goods or monies on the faith of the bill"—I was under that impression then, and I have since found out that he" has not—this bill was given on account of several of his other bills being dishonoured—we were not pressing him at the time.
EDWARD HANCOCK (City Detective). The prisoner was brought to the Old Jewry, by a constable, I asked him his name—he said "Edwin Tarrant"—I said "You will be charged with uttering a bill of exchange for 144l.,16s., purporting to be accepted by Messrs. Mathieson Howell, of Kew, and drawn by yourself"—he said "Oh, that is the bill in dispute"—I said "I shall have to detain you"—he wished me to send to the prosecutor; I did so, and Mr. Clarke arrived and charged him; he then said he wished to see Mr. Mills, if he could see him the matter could be settled—Mr. Clarke said Mr. Mills was out of town.
EDWARD MILLS . I am a timber merchant, trading as Smallfield, Mills, Mead, King William Street—the prisoner has been in the trade sometime—he has had dealings with me, he is indebted to me over 700l. or 800l., in the course of business this bill was brought to me at a time when it was not endorsed; it was brought to me on account of the prisoner's indebtedness, the bills were sent in an envelope, this among others, unendorsed—I sent for the prisoner to come and endorse them, he came a few days afterwards, it was sometime in August, I think, he wrote his name on the back of the bill; nothing was said about the bill at the time—it was left with me in the same state as it is now, except what the bankers have written on it.
Cross-examined. I said before the Magistrate "If he had asked me for further credit, I might have given it him, I accorded him no new credit on his giving me the bill"—it was an extension of time on the overdue bills.
carry on business with Miss Mathison, as French milliners, tinder the name of Mathison Howell—I have known the prisoner two years—I did not write the name of "Mathieson Howell" on this bill, I did not write any part of the bill, I never saw it till it was presented to me at Miss-Mathison's I house—I did not authorise any person to accept it—no bill to my knowledge was given by the firm of Mathison Howell, the firm does not keep a banking account.
Cross-examined. Miss Mathison has a banking account—she is not interested equally in the business with me-we are not partners—I said before the Magistrate "Miss Mathison is equally interested in. the partnership with me". We have never signed any bill of exchange as partners. There was no agreement; we carry on business jointly; we are friends. I did not bring any capital into the business; a great portion of the capital was brought in with the prisoner's money. He lent it—to her, and he bought the furniture for her, and a great portion of the stock, from Moore Copestake's "—I don't know that he took the house, Miss Mathison took the house—she had some money in the bank-we started the business together—there was no money in the bank at first, she was not able to have the money when we first went into business—I know that the prisoner paid 55l. for stock bought of Moore Copes take—I am not aware of the amount he, paid for gas fittings, but I know, he bought them—I know that he purchased furniture and goods for the purpose of the partnership to the amount of 88l. odd—I can't say how that was paid, I know it was paid by small payments—we had a plate on the door with "Mathison Howell" on it—we have since removed it because everyone that passed by looked at the house, and our names had got so published that we thought it had better be taken down—it was taken down by ourselves, by bur direction—Mr. Gosnell does not live there; he had nothing. to do with taking the plate down that I know of.
Re-examined. Miss Mathison asked me to go into business—I said I could not as I had no money, but I would go with her to work if she liked, as I had' known her from childhood, and I did do so—she said "I have a friend who has known me for. years, a Mr. Tarrant, he will lend me the money to go into business;" and I said "Very well, I will go with you,"—that was about two years ago—we went into business at 5, Mortlake Terrace, Kew-we failed there, through illness—I remained there, living in the same house with her up to Christmas, 1875, we then removed to Sandringham Villas—I cannot tell when the payment to Copestake's was made between January and June this year I saw Mr. Tarrant, at Sandringham Villas—I had not seen him then for months,. for we had both been ill in bed for two months, he came I think at the time' we were ill—I think I saw him about June; I think it was before the date of this Billy which, is 12th June—I think it was the beginning of June he came; he did not stay more than two hours; he did not make any demand for money, he never asked for a penny piece ever since we have been in business—I don't think I saw him in August at all—I don't remember seeing him between the early part of June and his being in custody.
By THE COURT. The name of Mathison on the plate was spelt "Mathison."
EMMA MATHISON . I have known the prisoner about eight or nine years—on 19th November, 1874, I took the house 5, Northlake Terrace, Kew, in my own name—I have here the agreement and my. receipts for rent; I paid the rent myself; the prisoner paid for some furniture on my account
when I took the business there in November, 1874, he did not pay for it down then, it was paid by instalments, he became liable for the furniture—I paid some of the instalments, I have the receipts here—he also paid a bill at Messrs. Copestake's of 58l. 7s.—that must have been paid somewhere about December, 1875—I think it was the 28th December—he also paid for the gas-fittings, I don't know how much that was; I never saw the bill for them—I did not pay him back any money; he never demanded payment from me, it could, have been arranged to have paid him had he done so—I had a banking account,! have the banking book here—after the Christmas quarter, 1875, I removed with Miss Howell (to Sandringham Villas—I think I have seen Mr. Tarrant twice during the year, that is all, I think that was about the time, I don't remember seeing him more, two or three times—I signed a bill of exchange, I suppose it must have been in January this year—I signed it in my own drawing room at Gunnersbury, Mr. Tarrant was there, he brought the bill there—he brought me a slip of paper which I did not understand; I asked him to explain it to me—he said "Oh, it is nothing, you would not be able to understand it if I were to do so, I am in a little difficulty, and I wish you to put your name across it"—I refused to do so at first, and then Mr. Tarrant wished me to do so as he could then tell some one, a friend of the family, of the way that he had supplied the money to me, which I wished to be a secret; that was the way he made me sign the bill; he could say it was money I had borrowed from him, but he had never asked me for it; I then signed the bill—I could not exactly say the amount of it, I think it was for 84l.—he did not say anything about when it was to be paid, but I thick I saw on it "four months"—I either signed it E. Mathison, or Emma Mathison, but I rather think R.—I spell my name "Mathison"—I have never spelt it differently that I am aware of—I never saw the bill afterwards—I never signed "Mathison I Howell" to a bill of exchange—that was the only bill I ever signed—I think I I saw the prisoner between that occasion and the early part of June, he came I to our house I think twice after that, when he came in June he did not say I anything about wanting me to sign any other bill—he never mentioned anything about my allowing him to raise money for the purpose of his diffaculties—I never saw' this bill until it was shown to me at the police-court I—I never gave him any authority to sign that bill.
Cross-examined. He is no relation of mine—I did not go to him and state that I had no capital and would he help me to go into business; it was not that way it was said at all; he was to lend me the money, he volunteered to lend it me, because he knew that he could be paid back I again, first of all if I had succeeded in business, and if not it would have been paid back as well by a certain person—I did not give any paper writing to that effect, he took it from me by word of mouth—I did not pay back any, except about 10l.; I have paid part for the gas-fittings; they were so badly done that I had to pay 10l. or so for that-this is a bill that I have paid for the gas-fittings; it is not a receipt, it is simply the invoice for it—I can't say exactly how much I have paid; I have not paid the prisoner anything, except about 10l., because he never asked for it, he never applied to me for the sums I owed him, I don't know what I do owe him, even now—the bill I signed was in January and was a four months' bill—I have never paid that bill or anything towards it, I have, never seen the bill since-at the time it was drawn nothing was said about the handwriting—after I had written it the prisoner used the pen I had, but I don't know
what he did to it—I did not say to him "As the things—here are all yours, you may as well sign it yourself", because all the things in my house are not his, certainly not—I said before the Magistrate "He altered the signature in my presence; I don't know the alteration that he made", that is the same thing as I am saying now—somebody else besides the prisoner advanced me money towards the stock at the time I went into business; I shall not say bow much, you have no right to ask me.
Re-examined. I believe, the total amount of the furniture bought was 80l.; I don't remember exactly—that was to be paid back by instalments of 4l. a month, spread over nearly two years—I have had to take the payments up myself; I produce the receipts—on 3rd January I paid 8l.; on 6th April, 4l.; on 24th June, 1876, 2l.; on 18th July I paid 6s. 2d. in discharge of the furniture on one occasion Mr. Tarrant gave a cheque either to Miss Howell or myself to take to "Loder's for the furniture—one of these payments was made by me, but which one it was X can't remember—Mr. Tarrant gave the money, I think it was to Miss Howell to go and pay it, as I wrote to him about it—he did not at that time make any claim for repayment of the monies—I was cross-examined at the police-court by a solicitor—I was not asked before to-day whether I said on that occasion—in January that he might just as well sign it himself as it was all his.
By MR. M. WILLIAMS. This (produced) may be the cheque for 5l. which he gave to pay the instalment for the furniture, I could not say, because I don't think the cheque was given to me at all; I can safely say that he did not give me 5l. in money at the same time—he never gave me 5l. or any small amounts to pay for the furniture.
GUILTY of uttering — Judgment respited. Another indictment to be tried next Session.
He received a good character— [Pleaded guilty. See original trial image.] Twelve Months' Imprisonment.
FOURTH COURT—Tuesday, October 24th, 1876.
Before Robert Malcolm Kerr, Esq.
488. MARY ANN STOREY (32) , to stealing a petticoat and other articles in the dwelling-house of Margaret Coen, her mistress, having been previously convicted of felony**— [Pleaded guilty. See original trial image.] Seven Years' Penal Servitude.
489. JOHN HAWES (15), and JAMES WILLIAM NORTH (15) , to stealing 80l. of Charles Edwin Firmin and others, the masters of Hawes. Hawes received a. good character— [Pleaded guilty. See original trial image.] Eighteen Month' Imprisonment eachand
490. GEORGE FORBES (41) , to five indictments for feloniously forging and uttering four orders for the payment 2l. 15s., 4l., 10s., 2l. 5s., and 5l. 9s.; also to unlawfully obtaining 4l. 10s. by false pretences— [Pleaded guilty. See original trial image.] Eighteen Months' Imprisonment.
MR. R. WILLIAMS conducted the Prosecution.
about 6.30, I was looking in at a shop window in Finsbury Pavement—felt something, put my hand down, and caught hold of the prisoner's hand with my watchguard in it, but my watch was gone—another man pushed me back, and the prisoner ran, but I stopped him and gave him in charge—on the way to the station I was walking by his side and he struck me a tremendous blow on my nose from which a large quantity of blood flowed—this (produced) is the bow of my watch, it was picked up by a lad and given to me.
Cross-examined by the Prisoner. I charged you with stealing my watch, but not with having it; I know who had it—you were at my side and another man in front of me.
GEORGE WILOOX (City Policeman 174). I saw the prosecutor and prisoner struggling, and took the prisoner—on the way to the station he struggled and dealt the prosecutor a violent blow, saying "You b——, I will kill you"—he was sober.
GUILTY —He was further charged tenth a previous conviction of a like offence in 1868, to which he
PLEADED GUILTY**— Fourteen Years' Penal Servitude.
MR. DALTON conducted the Prosecution.
PHILIP SKELTON . I live at 8, Navarino Road, Dalston—on 15th October, about 9 o'clock, I was walking from Islington Green towards Dalston the prisoner and another man pushed violently against me, the other man tried to trip me up and the prisoner snatched my watch chain and broke it—I collared him, he struggled violently, saying to his confederate "Knock the old b——down and make him let go"—he had me round the neck—I got him against the shutters and he said "Feel in your pocket, master, if you have got your watch", and I found that I had got itthe police took him.
Prisoner. I never saw you till you caught hold of me.
GEORGE HYAM . I live—at 420, Essex Road—I heard a shout of "Police!" and saw the prisoner struggling with the old gentleman—I heard him say "Knock the old b——down"—I said "No, you won't" and I went and held him against the carriage factory and called "Police!"—he said "For God's sake let me go, I am only a poor chap"—he was taken to the station.
CHARLES BREWER (Policeman N 550). I heard cries, went up, and saw the prisoner struggling with Skelton and Hyam-Skelton's chain was hanging down and his hand was bleedingthe prisoner began to kick and I was obliged to call the assistance of an ex-policeman to take him—going to the station he shammed drunk—I had to send for a surgeon to Skelton's hand.
The prisoner, in his statement before the Magistrate, denied the assault.
GUILTY **— Twelve Months' Imprisonment.
MR. HUMPHREYS conducted the Prosecution.
AMY ALLUM . I am servant to Mr. Hazell, of Crouch End, who was away from home on 3rd October—I went to bed at 10.30 that night after fastening up the house—one window was unfastened, but I fastened the shutters,—I got up at a little before 7 o'clock the next morning and found the doors open, the kitchen window open, and the shutter broken—I missed a coat, a
wine strainer, twenty-four knives, and other, articles—I recognise these articles (produced), they are my master's—this cap is like one which was taken from the front hall, the other cap was left there.
JOHN WEST . I live at Hornsey—on 4th October, about 6.15, I saw the prisoner on Mrs. Robinson's back premises, which are near Mr. Hazell's—he asked me the way to Highgate and said that he had lost his way—he was carrying a basket similar to this (produced)—I am sure he is the man.
JOSEPH WHITEHOUSE (Policeman IF 218). On Sunday after the robbery, inconsequence of information, I went to a stable about 2.30 a.m. and watched—the prisoner entered the stable by a side door and went to a cupboard where this basket was concealed; he lifted it, but finding it was very light, as I had previously taken the bulk of the property to the station, he put it down and ran out on seeing me—I went after him and brought him back—I he said that he went there to ease himself.
JOHN JURY . I am a gardener, of Hornsey Rise—on 4th October, about 6.10, I was at work in Mrs. Robinson's garden and saw the prisoner carrying basket—I am certain he is the man, but cannot swear to this basket.
GUILTY Eighteen Months' Imprisonment.
MR. RINGWOOD conducted the Prosecution.
GILBERT THOMAS SMITH . I am a student of medicine, and live at 86, Richmond Road, Barnsbury—on 3rd September, about 12.30, I was passing a public-house on Pentonville Hill, which was closed—a lot of men and women were dancing and making a noise on the path—I tried to pass through them, one of them got in front of me and asked me for some tobacco, that was Wallis—I put him on one side, and then Larman got in front of me and asked me for tobacco—I tried to push him on one side and Wallis pushed me behind, and I felt a snatch at my chain which was hanging a little bit out—I looked down and missed it—I hit at 'Larman with my stick, but he got away and Wallis got in front of me so that I could not follow him—I afterwards followed him, he turned back and came straight towards me and as he turned off the path to avoid me I saw the chain in his left hand—I have not the slightest doubt of his identity; I picked him out from half a dozen at the station.
Cross-examined by Larman. I told the Magistrate the first time, that I saw the chain in your left hand—when I saw you at the station you had new clothes on, and I said "That is like the man", I then examined you more carefully and said that you were the man.
WILLIAM CLIFFORD (Policeman Y 118). On 13th September, I was on duty in Pentonville Road, with another officer—we were in plain clothes—"we stood outside the Penton Arms, and saw the two prisoners with some other men and some prostitutes, they all commenced dancing outside the house, and in about ten minutes the prosecutor came by and Wallis, whose real name is Morris, got in front of him and pushed him, and then Larman pushed him and he sang out "My watch is gone"—I saw him hit Larman over the head—Larman ducked and got away, and the prosecutor chased him—I saw Larman's hand go up just as the prosecutor pushed Wallis out of the way—I took Larman last Tuesday morning, and he was identified.
GUILTY *— Eighteen Months' Imprisonment each.
MR. ST. AUBYN conducted the Prosecution; and MR. RIBTON defended Stevens.
BAXTER HUNT (City Detective 599). On 14th September, about 2.30, I saw the three prisoners and another boy in Cheapside, feeling in ladies' pockets—I followed them to Bread Street, where Angus and the boy got in front of Mr. Cope. and then proceeded up Cheap aide—I saw Mr. Cope looking at both ends of his chain—he made a communication to me and I took the three prisoners together next day in Shoreditch.
Cross-examined. The boy was not with the prisoner when I took them next morning; Mr. Cope was a very aged gentleman—he and two or three others were waiting to cross Bread Street—I did not see his watch taken—I had been out fishing all the morning—I was watching—it might have been a month since I had detected a robbery—the prisoners were all strangers to me.
EDWABD EBENEZER MEAKING . I knew the prosecutor Henry Cope, I saw him dead on 3rd October—I know his writing perfectly well, this is his signature to this depositions—I have known him sixteen years—he was my partner. (The deposition of Henry Cope was here put in, in which he slated that he was robbed of his watch, and that the prisoner Goleman was like one of the persons who was near at the time.)
FREDERICK DOWENS (City Policeman 102). On the morning after the robbery, I went with Hunt and Inwards, to Shoreditch, and saw the prisoners leave a crowd together—I followed them and said "You will be charged with attempting to pick pockets yesterday, and also with stealing a watch from a gentleman in Cheapside"—Stevens said "I know nothing about it, I was never there, I was at Romford fair"—I said "Romford fair happens to be on Wednesday"—he said "Not the fair, I mean the Flower Show, and I shall be able to prove I was there"—Coleman said "I was never out yesterday, I was in bed all day, I shall be able to prove it, but I hope you will be able to get the matter settled at the Sessions"—Angus said "You are getting this up for me"—I found 14s. 6d. on Angus, which he said he had got at his work as a cigar maker—on Stevens was was 19s. 3d., which he said he got by playing a flute—3 1/2 d. was found on Coleman.
A further examination of the prosecutor stated:"I am not quite sure, Coleman is the man, he is about the same height and appearance as the man."
Angus's Defence. I know no more about it then this board does.
Coleman's Defence. I am as innocent as any of you gentleman, I was never near the spot.
NOT GUILTY .
MR. PEILE conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
SAMUEL SMITH . I live at West Barnet—on 16th September at 10 p.m, I was in the New Road; the prisoner came across to me and hallooaed to me to stand something to drink—I said "No Tom not to-night, I will another day;
he said "Are you going to your Lodge?"—I said "Yes"—foe said "I will show you a nearer way come along"—he took me down a lane, knocked me down into a hedge and two more men came and got on top of me—I do not how who they were—the prisoner got on top of me and robbed me of five half-crown and a tobacco box which were in a bag in my trousers pocket—they cut my pocket off and left me—I am sure the prisoner is one of the men; I gave information to the police next morning and the prisoner was taken.
Cross-examined. I was in a public-house from 10 or 11 o'clock in the morning till between 3 and 4 o'clock, and we had two or three quarts between nine of us—I went to another public-house about 8 o'clock, where we had two pints between three of us—I also went into the White Horse, where we had three pints between four of us, and to another house where we had two pints between two of us—I was sober enough to know what I was doing—I shall not say whether a woman put me to bed when I got home.
NOT GUILTY .
MR. SIMS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
CHARLES DRAKE . I am foreman to John Henry Glue, a boot and shoe manufacturer, of 153, Euston Road—on 5th September, I went into the City with some notes for Mr. Glue, and I had to meet Miss Napper at 10.15, at the Mansion House, and receive a 50l. Bank of England note from her which I did, and then went to the London County Bank, Lombard Street, where I opened my book to look at the address, a man asked me if I could direct him to Mincing Lane—I heard some one approach me and turned my eye on to him—I directed him and noticed nothing further—the prisoner is the man-immediately I got into the bank I missed the M. note—I did not know the number of it, but I went to the Hampshire Bank and from there, to the Bank of England, where I arrived at 11.15 and found that the note had been paid in there—on 20th September, I went with Trafford to the prisoner's house at Upper Hill Street, Peckham, and from what passed, I gave him in custody.
Cross-examined. Them up who spoke to me before I lost the note stood about 5 feet 4 or 5 inches high, he was rather broad shouldered and had rather dark clothes and a kind of deer stalker hat.
Re-examined. He was shorter than the prisoner, and he was rather light.
WILLIAM HENRY TRAFFORD (City Policeman 281). On 20th September I went with Mr. Drake to Commercial Road, Peckham, where we saw the prisoner in his room—I told him I was a detective, and had come to enquire of him how he became possessed of a 10l. note which had been traced to his possession—he said that he could not tell me how he got it, but he might have got it at the Streatham meeting, as he had been there with a gentleman from Tatter salts, and he could not account for it in any other way—I asked him if he knew a man named James Groom, at Bow—he said "No"—I asked him if he would be surprised to learn that a 50l. note at the Bank of England bore his endorsement; he said that he should be surprised, and after a little hesitation, Drake said that if that was the only account the prisoner could give, he would be given in custody—the prisoner then called me on one side and said that he might as well
tell me all about it, that Groom was the man who brought him the note one morning to pay him 20l. which he owed him, and he had accompanied him to the City to get it cashed, and he supposed that was how the two 10l. notes went there; he heard that they went to Moses Son, and paid for some clothing, and he put his endorsement on it, and that he supposed I should not take him in custody—I took him to Bow Lane station; I went to 63, Kingsland Road, the address on the note and made enquiries.
Cross-examined. He suggested that I should go with him to a friend of his to try and find out where Groom lived, but I refused—I have received a description of Groom, and it tallies with the prosecutor's description of the man who robbed him.
WILLIAM GAREY . I am salesman to Moses Son, of the Minories—on 5th September the prisoner and another man came in between 10.30 and 11 o'clockthe other man who was shorter than the prisoner, said that he wanted a suit to attend a funeral at 12 o'clock, and his governor was going to make him a present of it—I supplied him with a suit of clothes and he paid Elphenstone.
JAMES CUNNINGHAM ELPHINSTONE . I am in the employ of Moses Son—I recollect the prisoner and another man coming in on 6th September from 10.40 to 10.45—the other man who was much shorter than the prisoner wore a round hat, similar to mine—he was supplied with a suit of clothes; he paid with a 50l. note—I did not see the prisoner endorse it, but it was endorsed in the shop, and the change which was rather more than 45l. was given to the prisoner.
Cross-examined. The change was put on the counter—that was at about 11.30; we had to send to the Bank of England for it while the prisoner remained there—that took about half an hour—the other man went into the hosiery department and returned before the change was given—they both left rather hurriedly.
Re-examined. The prisoner complained of the time he was detained, not receiving the change quick enough.
GUILTY on the second Count. He received a good character— Eighteen Months' Imprisonment.
ALFRED COWPER . I am a tripe dresser, of Three Cult Street, Limehouse on Sunday, 15th October, I was awoke between 3 and 4 a.m.—I said "Who's here? give me my pistol, I'll shoot him"—I struck a light and heard somebody's footsteps going downstairs—I ran down and found everything in a state of uproar, and the drawers ransacked and my bedroom was in a disorderly state—I found a silk dress ready to be taken away, and any amount of things taken out of the drawersthe prisoner was brought to the front of the house, in a dirty state of perspiration as if he had been climbing over walls—I missed some coins from my pocket, and some earrings and a brooch-this knife (produced) was on the mantelpiece, in the
parlour—the kitchen shutters had been fastened, but the girl does not recollect bolting them.
GEORGE QUINTON . I live at 1, Lant Street, Limehouse—on Sunday morning, 15th October, about 3.45, I heard a noise of breaking through the kitchen window and found the prisoner in the passage of my house—he said "Old man let me go, I have only just come out from seven years, and am on a ticket of leave"—I said "What do you—want here?—he said "I have not come to rob the house, I have come out of the way of the police"—I opened the door and let him go and a constable seized himthe back kitchen window was open and three plates and dishes were put underneath to hold it up—there are about 100 yards between my house and the prosecutor's, they are back to back.
GEORGE CUMMINGS (Policeman X). Quinton opened' the door to me and I took the prisoner and told him he would have to go with me—he said "Very well, I have done nothing and I have got nothing on me—I took him to the house and he said "Give me a drink of water, this job will do for me."
TIMOTHY CRAWLIN (Policeman K 49). I was on duty at 4 o'clock and heard cries of "Police!"and "Thieves!"—I received information and placed a constable in Lant Street and another in a court—I then went to the prosecutor's house and found that every drawer of a chest in the parlour had been turned over and a quantity of wearing apparel was packed up and lying on the hearth rug—I went into the bed-room and found the drawers all ransacked—the back kitchen window had been forced—I examined the back premises and found footmarks leading from a low wall to the back of Lant Street, and from thence over three wash-houses to Quinton's yard-the prisoner was then brought to the door—on the way to the station he seemed very fidgety and I said "What have you got in your right hand pocket".—he said "Nothing but what is my own property"—I searched him and found this knife and a cigar—I said "Is this knife your property?"—he said "Yes"—Cowper said "I had a knife on my parlour mantle piece"—the prisoner said that a scarf which was there belonged to his sweetheart-this hat was full of candle grease and had been used as a dark lantern.
GUILTY —He was further charged with a previous conviction in January, 1872, to which he
PLEADED GUILTY*— Ten Years' Penal Servitude.
THIRD COURT—Wednesday, October 25th, 1876.
Before Mr. Recorder.
MR. RINGWOOD conducted the Prosecution; and MR. HORACE AVERY the Defence.
WILLIAM DAVIS . I am a drover, living at 76, Wentworth Street—I saw the prisoner on the 4th October standing at the door of a public-house hold-ing up her fist at me—I merely walked indoors and she was abusing me at the door,jawing me and calling me names—she went away for half an hour and came back again and said "Drover I want to speak to you"—I said
"I don't want to speak to you," and she said "If you don't want to speak to me, take this," and some stuff went all over my face—she had it under her shawl in a half-quartern gin glass; the glass caught me in the chin and splashed upon my shirt and burnt my handkerchief—I ran in the yard to wash my face and looked in the glass and saw my face all blistered—I had not struck her—I was afterwards taken to the London Hospital and examined by a surgeon—I gave the prisoner in charge.
Cross-examined. I have told all that happened on the day in question—the constable has got the glassthe stuff mostly went on my clothes-when she called me I told her I didn't want to speak her, I bad had enough of that—I did not do anything or push her away—I don't know that she had any chloride of lime on the premises.
Re-examined. My face was burnt.
STEPHEN FISHER . I am house-surgeon at the London Hospital—I examined the prosecutor when he came there at about 9 o'clock on the evening in question and found a superficial burn in front and under his chin, and his linen and coat were much stained and corroded and burnt, apparently by some acid like sculpture acid—I judge partly from the colour of the stains.
Cross-examined. The majority of the acid had gone over the clothes—I did not see any burns other than on and under the chin.
Re-examined. If it had all gone over his face it would have disfigured him.
ALPBED DODMAN * (Policeman H 265). I was called by a man and saw the prosecutor who showed me his shirt, which was all black—it was pretty nearly all dry at that time—I went to the prisoner's residence and charged her with throwing something over the prosecutor's face—she was coming downstairs at the time—her husband was following her, and said "You have threatened to do it several times, and now you have done it", and with that he made a kick at her—I took her to the station, she told the inspector she had bought a pennyworth of vitriol, and this (produced) was brought to the station by a person who did not attend at the police-court—the prisoner and her husband appeared not to be on good terms.
The prisoner received a good character.
GUILTY — Nine Months' Imprisonment.
MR. RIBTON conducted the Prosecution; and MR. C. MATHEWS defended King.
HENRY GURNET . I live at No. 13, Colebrook Terrace on the night of the 5th October, between 9 and 10 o'clock—I was going up Pentonville Hill, when I saw a crowd of men and women pushing about-in order to avoid them I crossed into the road; just as I got off the kerb I received a violent blow at the back of my bead which knocked off my hat, and I caught it in my hands—Saunders came up and put his leg between mine and threw me violently on the stones; I could not see who struck me, my hat received a violent kick right across the road, they got round me—King felt me about to see what I had got—I had got neither watch nor money—the detectives came up and King said "If we had known it was you Mr. Gurney, we would not have done anything"—I had known King before—I knew his father.
Cross-examined by Mr. C. Mathews. I don't know that I said anything
at the police-court, about King feeling me up and down—I said "I believe someone put their hand in my pocket, but I will not be positive"—I don't know who it was put his hand in my pocket.
WILLIAM CLIFFORD (Policeman Y 118). On the night in question, I was on duty in plain clothes, with another constable of the Reserve in the Pentonville Road—I had been watching the three prisoners for about an hour—I first saw them on the top of Pentonville Hill, we charged them with loitering, being suspected persons—they came out of the public-house with another man and some prostitutes; I knew them—when Mr. Gurney. Came up they all stood in a dark place, where the shops were shut up, just above the Penitentiary, on Pentonville Hill—Mr. Gurney passed into the road, and immediately he did so Ennis walked after him and hit him behind the head which made him stagger-Saunders ran up to him, caught him by the shoulder and put his leg between prosecutor's legs and threw him in the road, King ran up, felt him all round and put his hand into his right hand trousers pocket—I ran to his assistance-Saunders had hold of him—I took King into custody—when I had got him a few yards across the road he turned round and said "If I had known it was you, Mr. Gurney, we would not have done it."
Cross-examined by MR. C. MATHEWS. I saw King feel the prosecutor's coat pocket, and put his hand into his right hand trousers pocket.
Cross-examined by Ennis. I saw you strike the prosecutor—you came out of a public-house.
JAMES MARTIN (Policeman YR 27). I was on duty with the last witness and watched the prisoners for about an hour—I saw them come out of the George public-house with another man, not here—Mr. Gorney came up and turned out in the road to avoid them—Ennis stepped into the road and knocked his hat off and caused him to stagger—Saunders then rushed up and put his hand on his shoulder and tripped him up right on his back, and all three came round him—a 'bus was passing at the time and I ran round behind and seized Ennis by the collar—my brother constable then took King in custody, Saunders jumped back—we got partly across the road when King said to the prosecutor "We shouldn't have done this if we had known it was you"—a sergeant took Saunders into custody.
EDWIN GOULD (Policeman YR 1). I was on duty on the night in question, and from information I received—I went to the spot where I saw a crowd of people, near the Penitentiary, on the Pentonville Hill, and saw Saunders holding the prosecutorthe other two were in the custody of Clifford and Martin—Saunders let go the prosecutor and disappeared in the crowd, and I did not see any more of him until I got down near King's Cross—he fell down as I came up to him, and I fell over him.
Cross-examined by MR. C. MATHEWS. There were about eighty or 100 in the crowd.
Ennis' Defence. I was going up Pentonville Hill to buy a coat which I have on now and King and Saunders came with me, and being a fashionable shop we went in and I bought the coat. Coming out there was a large crowd and me and King rushed up into the crowd and we saw Mr. Gurney lying down in the gutter. King picked up his hat and brushed it and put it on and brushed his coat down.
Sounder's Defence. We went to buy this coat and had a drop to drink. The prosecutor came along and we pushed him, but had no intention of robbing him.
Saunders further PLEADED GUILTY to two former convictions. Former convictions were proved against all three.
ENNIS and SAUNDERS— Eighteen Months' Imprisonment.
KING— Twelve Months' Imprisonment.
MESSRS. BESLEY and Horace Avort conducted the Prosecution; and MR. CRISPE the Defence.
ROBERT GEORGE BROOK . I am an auctioneer in Lupus Street, Pimlico—I received instructions from the representatives of the late Rev. John May to sell the contents of his place, The Heath, Hanwell—the sale took place on the 26th September last of which this is a catalogue (produced)—I employed the prisoner as a porter on the sale, his duties were to assist in lotting and bringing the goods up and showing them to the persons—the lots bore numbers in the usual way—if anything was not lotted he should have spoken to the manager or to me about it at the time—he had no authority to remove or sell anything—it was not contrary to the rules that he Should become a purchaser; he purchased Lot No. 4, a hair mattress, and lot 24, four blankets and counterpane, 4s., and lot 142, under carpet, 6s.—lot 235 drugget and hearth rug, fender and fire irons was sold to Mr. Batty for 11s.—I did not know at the time they were lotted that there was oilcloth in the library under the drugget—lot 111*, page 9, is three blankets, sold to Mr. Ray for 8s.—lot 197, page 13, I dozen table napkins, 9s., sold to Mr. Hansom—lot 31, a quantity of dimity bed furniture, sold to Mr. Garnham for 2s., and lot 61, two blankets, sold to Miss Groves-lot 57, 4 1/2 feet iron tester bedstead and vallance, to Mr. Golding, 9s.—lot 96, page 7, bedroom No. 7, two dimity curtains, four post bamboo painted bedstead, sold to Golding, 5s. 6d.—lots 6 and 7, sold to Miss Groves for 4s., two feather pillows, blanket, and one quilt—I was not present when the things were delivered—on going down in the afternoon after the clearing day I went up in one of the upper rooms and found a cupboard locked—I opened it with a key from my pocket and to my astonishment I found a lot of goods; I did not know by whom the cupboard had been locked; I found in it two blankets, two of the best counterpanes, linen quilt, three linen pillow cases, toilet cover, some dimity furniture, in fact, a quantity of bed furniture, one of the best towels, and a dinner napkin (produced)—I recognised the dinner napkin as being one of the twelve I had sold—the bed furniture was the lot I had seen on the bamboo bedsteadthe blankets I recognised as having seen—I had gone through these things before and I believe they were in one of the top bedrooms—I am quite sure that the blankets were not those sold to the prisoner in his lotthe vallances are the same as those described in lot 57 as sold to Mr. Golding, and the dimity bed furniture is that sold to Mr. Garnham; the quilt, I believe, is the same as that sold to Miss Groves—I was afterwards shown three blankets which did not form any portion of those sold to the prisoner, but were those sold in lot 111* to Mr. Ray—the prisoner asked me if I had broken open the cupboard, and I asked him what he knew of the cupboard-this was on Wednesday afternoon, the day after the sale—he said there were only a few things there which he had bought—I said I have taken possession of them and shall require an explanation"—I saw him afterwards taking the mattress and the blankets hanging from it towards the station—I followed him and went by the same train to Paddington
—on getting out at Paddington I went to him and said "I require you, Merriman, either to take those goods to the department here or straight to the office, for I must know what you have there before you take them anywhere else"—he said they were only what he had bought, his mattress and blankets—I said "You. have other goods there", and he said "Yes, I have some fire-irons and I have some china"—I said "Where did you get the fire-irons from?"—he said "I bought them in the village"—I said "Can you tell me who you purchased them from?"—"No", he said, "I don't know who it was"—he then tried to get away from me and turned down towards the Edgware Road—I still persisted in following him and he went across to the corner public-house—I went and stood there and insisted that he should either take the goods across to the office or leave them somewhere till it was properly investigated—he then promised he would go with me and take them to the office—we went to Broad Street Station and took the tickets to Victoria Station—I stood with one foot on the step of the carriage and the other on the platform till I saw him put the goods in the train—the guard came along to shut the door and I got in—the train started and I saw the prisoner deliberately pull the things out again and I was obliged to go on and could not find him afterwards—he never said anything about the oil cloth which Mr. Batty took—the full value of the goods I have seen is about 4l. or 5l.
Cross-examined. I did not know what the goods were which he took out of the train—I saw the mattress and blankets—I did not charge him with taking those; I charged him with stealing the oilcloth—I brought a charge against him before the Magistrates, which was dismissed, and I afterwards brought this charge—when the charge was taken I had to give him into custody for stealing the oilcloth; all the other goods were taken to the station and were there at the time of the trial—there was only one charge preferred on the charge-sheet—he commenced some civil proceedings against me by serving me with a writ, the Monday after he was committed on this charge,' which was on the Saturday—I did not say when the Magistrate dismissed the former charge that I would make it hot for him—I was not at all hot myself—I have a great many sales; I have been in business as an auctioneer for three or four years; before that I was an ironmonger—I presume I know what a sale porter's duties are—Mr. Deakin was the manager; he is my sale clerk—I do not think he is here; I understand he has met with an accident since 1 came here; I took steps to get him here-Deakin engaged Merriman and paid him his wages—Skinner would be the leading porter; I believe he is here—I have not taken an opportunity of seeing him; I believe my solicitor has—there was another porter engaged on the sale; I don't know his name—there were about four porters altogether—Skinner had the lead of the sale; he would tell the others what to do—Deakin put the things into the catalogue—there was a number of duplicate lots; it was rather a hurried affair—there were other things put into the sale at the request "of the family, not forming part of the estate, to make the sale more attractive—I did not mislead the public by putting at the top of my sale catalogue a formal announcement as if I were selling by the order of the Chief Clerk in Chancery, and put goods in which were no part of the property; what was done was done at the request of the solicitor—the people had the opportunity of seeing the goods the day before; it was a public auction—they could judge for themselves whether the goods were worth the money or not
—in a sale like this of 348 lots where things are put in, Mr. Deakin might leave out something in the catologue-none of the things which I say have been taken by the prisoner were left out of the catalogue to my knowledge—I always go myself after the sale to see after the money, and see if the house is properly left so that I may hand over the keys to the parties—it was about 4 or 5 o'clock the next day that I went to the house, all was cleared then, with the exception of some few things that had to come to town purchasers, and which were waiting for the van-Mr. Deakin was there, I drew his attention to the things in the cupboard—it would not be his duty to leave till I had gone down—I first heard of Mr. Garnham's complaint; I could not go all over the country to find the purchasers—a complaint was made by Mr. Hansom to Deakin—he bought a dozen table napkins and had eleven delivered to him—I could not say whether Skinner or Merriman delivered the napkins—I did not say Merriman delivered them—I don't know that any of the sale porters besides the prisoner are here—I had no chance of getting them—I do not think they know anything about it—there were a great many cupboards upstairs—I bought one little lot of 3s. at the sale, I think—toys for my children, and an aluminum watch for 11s., which I gave to my boy, and I bought one lot of oilcloth in the passage—there were two boxes of toys locked up in the cupboard-when I buy I have to make the offer the same as anybody else-if my clerk is knocking down anything to myself, I say "George"—that is my name—I should say my porter would not know that—I was surprised that the toys should be taken such care of; the things he had bought were not in the cupboard—he took them away which he had a right to do—I did not see him afterwards till I gave him in custody on Saturday night—I know that two of the blankets produced are Mr. Ray's, because they were the best blankets in the house, and they came out of what I think is called "Mr. John's room"—my attention was called I to them—Mr. Ray gave 8s. for the blankets; there were three—the goods I found in the cupboard were taken to my office; nothing else that I am aware of—there is some wine still down there belonging to me—I have never got into difficulties occasioned by my conducting sales in this way; there were not things in two cupboards that I am aware ofthe toys were locked up in the cupboard I opened—the blankets in the catalogue, sold to Mr. Ray and Miss Groves had been taken out and sold to the publican—three were taken and sold to the publican the moment after the sale, and others substituted to the party who had purchased them.
Re-examined. The majority of the articles in the catalogue belonged to the estate—I should say out of the 350 lots, possibly twenty were added—I the wine consisted of three dozen claret, and one dozen champagne—adding I lots to a sale would increase the value of and competition for the other lots, I I should think—I took my order to sell from the solicitors—I stated in the sale "By order of the representatives of the late Rev. John May"—the parties considered I had not delivered them the proper lots, and of course it was doing me a great deal of harm.
MARTIN TANNER . I am the landlord of the Viaduct Inn, Hanwell-The Heath is about 60 yards off my place—I saw the prisoner on the 27th September, when the sale was held, and at my house several times—I saw him bring some blankets in sometime in the morning-ray wife was upstairs-when he came in he asked me if the Missus was about—I said "Yes, upstairs"—he said he had bought her some blankets to look at—I
said "Take them into the kitchen and leave them till she comes down"—stairs", and he did so—I saw my wife pay for them over the counter; 18s. she told me, I don't know exactly—I have given them up to the detective—I cannot swear to them; I saw the detective take them away—my wife was examined as a witness at the police-court—she is now quite out of her mind—this "is the doctor's certificate (produced) and read.
Cross-examined. I was not present the whole of the time that Merriman was in my house-Deakin came in and out to have refreshments—he was not present when Merriman brought the blackest—they were brought in quite openly.
Harriet Tanner's deposition before the Magistrate, read as follows:"I am the wife of Martin Tanner, of Hanwell, the prisoner sold me three blankets after the sale; the blankets produced are the same; I gave him 18s. for them over the bar.
Cross-examined. The prisoner Merriman and a man Deakin were in my house; I said to Deakin I wanted some blankests, good ones; I think Deakin said he would look me up three, and bring them for me. Merriman brought me three blankets the moment after the sale; I think before breakfast; they were brought openly; he left them with me; I did not think I was receiving stolen goods, and I don't think so now. He put the blankets in the kitchen and went away; I cannot say whether I paid on Wednesday or Thursday. Deakin was in the house when I paid Merriman".
BENJAMIN GEORGE HANSOM . I am a builder, I attended the sale at The Heath, Hanwell, and purchased lot 197, twelve table napkins, 9s.—I paid my money and received eleven—the napkin produced is one of the same as those I had.
Cross-examined. I only identify it by comparison—there were a good many people at the table when the sale was going onthe napkins were all tied together—I did not notice that they were pulled about from one to another to look at—I should think it would have been very difficult for one to be pulled out—I don't know that there were twelve when I bought them—there might only have been two—I bought them according to the catalogue, twelve napkins-this napkin might not have been in this lot—a man named Skinner, delivered, them to me—I have seen him since—before I took them out of the room I counted them—that was the next day—I then found there were only eleven, I complained to Skinner, and was told that was all that was mentioned at the time of the sale-Deakin gave me the delivery order for napkins—I did not see him after I paid my. money.
Re-examined. I had a catalogue, and there saw them described as one dozen table napkinsthe auctioneer described them as twelve napkins, and of course I expected there were twelve there when I bought them.—Ray. I am an accountant, living at Ealing—I attended the sale and bought several lots, one being 111s., consisting of three blankets—some blankets were delivered to me the day after the sale by the prisoner—they were very inferior ones, indeed, to those I bought—I have since seen some of the blankets I bought-two of them I can identify—I believe the third to be mine, I cannot swear to it—I swear to two of them.
Cross-examined. I identify the two by the pattern which is uncommon—it is not the ordinary border of blankets—they were very cheap—it was a Public auction—I did not notice whether the two feet six inches stamp bedstead came out of the best bedroom or not; it was bedroom. No. 8.
for some years—I was acquainted with the rooms in the house, and my duties took me into bedroom No. 8-Mr. John May's bedroom, the son of the Rev. John May—these blankets are the same which were in that room—the iron bedstead was on the second floor—I attended the sale on the 26th September, and bought lot 7; one blanket and one quilt—other than the ones I bought were delivered to me by the prisoner of very inferior quality—the ones in Court are those delivered to me—the quilt I bought was a thick one, and a very old one was delivered in its place; this is the one—lot 61, two blankets was delivered to me by the prisoner—I have had other things shown to me, which I have been able to identify such as bedding, vallances, and things of that sort-lot 31 has been shown to me, a quantity of dimity bed furniture in bedroom No. 2; they are here—lot 96 I have seen, two dimity curtains.
Cross-examined. I recognise the dimity curtains by knowing them so well in the house—there is not other dimity of that sort in the house—I did not remain in the house after the sale—when I found the wrong blankets given to me I complained to Miss May and went to Mr. Deakin, who gave me the order—in No. 8 room there was a chest of drawers painted yellow, and a washstand—there were five drawers, I think in the chest—I am not quite certain about the blanket—it may be the one really sold to me—I can swear positively as to the quilt—I did not complain to the prisoner about the quilt, or anyone else.
Re-examined. The things were delivered to me tied up in a lot.
GEORGE BRYANT . I know Mr. Deakin and saw him to—day about 9.40—I was called by a lady and saw Mr. Deakin lying across the steps almost in a helpless condition—s soon as he recovered himself he told me he had fallen in some way—by the assistance of me and and another friend we conveyed him to his own house with great difficulty and he managed to crawl upstairs—I left him sitting in an easy chair—I took off his boots and bathed his temples with vinegar—I left him in an almost helpless condition and a doctor was sent for in my presence.
Cross-examined. We took him to 9, Sutherland Place, Pimlico—he is not a friend of mine, I only know him from being in the trade—he told me he was coming here and was about to take a bus—the doctor did not arrive while I was there.
ALFRED BATTT . I am a land value, and live at Hanwell—I attended the sale at The Heath and bought eighteen lots, amongst others 235, consisting of a drugget, hearth—rug, fender, and fire-irons, which were delivered to me the following day, Wednesday, when I got the order for them and saw the prisoner—three or four persons were with him in the room where the drugget lay; it was not taken up till I got my man to take it up; on taking it up the prisoner saw the oilcloth underneath it—he said did I want it, and I said "No", seeing its worn state—he said "As you purchased the drugget you may as well take it;" it was not in the catalogue—he said "You can have it if you please"—I said "Well, perhaps it will come in useful in some way or other", and he said to me, "You give me 5s." which I gave him then and there—I believe the drugget was delivered to me the same day—I got the oilcloth, I believe, on Thursday—I sent my boy for it.
Cross-examined. I cannot say that the prisoner delivered it to my lad I believe he did not by what my lad said—I gave him the 5s., not for the value of the oilcloth, but the trouble he had had with the eighteen lots.
JAMES BUCKSTONE (Detective Officer). I produce these goods; they were brought, a part from Hanwell and part from Brook's, Lupus Street, Pimlico—the three blankets I received from Mr. Tanner, of Hanwell, and the oilcloth from Mr. Batty.
GUILTY Eight Months' Imprisonment.
FOURTH COURT—Wednesday October 25th, 1876.
Before Robert Malcolm Kerr, Esq.
MR. POLAND with MR. ST. AUBYN conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
WILLIAM HARRIS . I am chief inspector of police for the Commissioners, Whitehall Placethe prisoner entered the service on the 3rd August, 1874, and resigned August 28th, 1876—he was employed originally in the V division as a constable and then transferred to the A division under me as assistant clerk—forms of certificates are filled up when officers resign—it was part of his duty to fill up certificates, he had access to them—there is a stamp at the office with which they are stamped and he would have access to that (produced and read; application by prisoner for joining the Newcastle police, enclosing certificate also produced)—the body of the document is, to the best of my belief, in the prisoner's handwriting—the signatures "C. Digby" and "William C. Harris" are forgeries-rf know Captain Harris signature—I received the documents from the Newcastle police.
SAMUEL GIBBS (Detective Sergeant). I took the prisoner into custody in Lupus Street, Pimlico—I said "I have orders to take you into custody, Spoiler"—"Oh", he said—I said "I will tell you the charge, for stealing a blank form of certificate of the police force at Scotland Yard"—I searched him at the police-station and found on him the genuine form of corticated of resignation, it did not state that his conduct was very good.
Cross-examined. I stopped him; I called after him "Holloa, Spooner;" the moment I spoke to him he stopped.
THE COMMISSIONER held that as the prosecution had not shown that Digby and Barris had not authorised the signature, there was no case.
NOT GUILTY .
WILLIAM HARRIS . There are forms of discharge kept in the office and the prisoner had access to them—it was not his business to take away any of them—the certificate produced is one I spoke of as being in the rack—there are four forms used, No. 4 being silent as to character, anybody may take one of them—this document is, to the best of my belief, in the handwiting of the prisoner.
Cross-examined. He was in the Commissioner's office up to June last—he was then redrafted to the V division—he saw the Commissioner the same day before he left the office, and did not return to duty there at all—he went to hear the Commissioner's determination, the Commissioner having
determined that he should return to the V division he would go to clear out his desk—he would not have a right to go to the office afterwards, but I understand he had been there—I have seen him myself at Whitehall; he was in plain clothes, he apparently went to visit one of the men; he was not in the office where the rack is kept; he was employed for two or three months and he had access in going through the rooms; he had no access to the rack after the day he left—there are four forms of certificate—there is a fifth form; that is the form sent to a man when he is called upon to resign.
EDWARD BIRD SILBY . I am secretary to the Newcastle-on-Tyne police—on the 3rd October I received an undated letter and parchment certificate (predicted)—in reply I sent Spooner several forms to fill in—on receipt of his application, on 3rd October, I wrote the letter produced to the Commissioners of Police; I received a reply.
SAMUEL GIBBS (Policeman). I apprehended the prisoner—I charged him with stealing a blank form of certificate of character from the Commissioners of Police—he made no answer—I found upon him the genuine certificate—the letter produced is in his handwriting.
The prisoner received a good character.
NOT GUILTY .
MR. BESLEY conducted the Prosecution; MR. MONTAGU WILLIAMS appeared for Williams, and MR. WARNER SLEIGH for George.
WILLIAM READ . I live at Elcho Street, Park Road, Battersea—I was formerly member of the same trades union as the defendants, the Amalga mated Society of Carpenters—up to January, 1874, I was in a situation at I Brade Co.'s, builders, as foreman of the joiners—the prisoners were employed as joiners until the 4th October; on Wednesday, 4th October, discharged them; I had authority to do so as foreman; that was about 2.55 in the afternoon—they would be paid for their work up till 5 o'clock—they would be able to draw the money at any time between 3. and 5 o'clock—I saw them between 3 and 5 o'clock in Messrs. Macefield's, the ironfounders—I had a conversation with them, but do not recollect what it was—I was I standing in the roadway outside the building—there was an excavation inside the hoarding about 10 feet deep, 4 feet wide, and 12 feet 6 inches long it was for the purpose of drainage—there were boards laid on the ground, and one man was working in the hole at the time-near to this point George spoke to me—he said "You are a pretty b"—I said "As that is such an old tale I do not want to hear any more of it"—Williams then said You have no order to discharge us"—I said "No, foremen seldom have—Williams asked me then what I was going to do with the job they had started on—I said "Do not trouble your mind about that, I have some one else to do it"—George said "You could not do it yourself"—I said "I don't know that I am required to do it,. but whatever I have attempted I have accomplished"—I said "I want to get my bag and get away home, I want no more to say to you"—George advanced ahead of me, and Williams stepped towards the end of the hole, George passing up the side, and I after him-Williams stepped after me, and as we were about the centre of the hole Williams suddenly seized me by the shoulders and threw me down the hole, and said "Go down there, you b"—I made a catch at George, but
he threw me off with his arm and struck me across the chest, and said "Now, you b——, you have your deserts"—as I fell I caught the opposite side of the hole with my left arm and turned round so that 'my back came across the struck—I could see the prisoners at the side of the hole as I fell—they made a start to run away—as soon as I could get to my feet I called out to stop themthe man who was working in the hole helped me out—the policeman came to me and I asked him to take the prisoners in charge; he did not do so—I was taken home in Mr. Brade's trap—I went to bed and was in bed till the Friday—I then went the police-court and got a warrant against the prisoners—Dr. Kempski attended me; I am still under his care—I suffer still with weakness of the legs,' knee, and ankle-joints.
Cross-examined by MR. WILLIAMS. They would not have to pass this place; there was a nearer way for their tools, but one way would be past this hole-before the Magistrate I said I smiled in one part of the conversation—there are planks and scaffold boards on both sides of the hole—I said I did not believe Williams struck his foot against the plank; to the best of my belief that is so.
By THE COURT. I thought I was tripped up by getting a knock.
Cross-examined by MR. WABNER SLEIGH. When the policeman came up I did not tell him to take Williams, and say nothing about George—I said to him "Please take that man's address"—I know Robert Lowe, he is a labourer in the employment of my employers—I have not heard Lowe give his evidence, except on the second occasion—George asked Lowe questions in his defence, he asked mostly all the witnesses—I heard Lowe say "Take that man Williams, you need not say anything about 'George"—when I grabbed at George, I did not nearly pull him into the hole—I could almost swear he was not in the hole—I remember George saying when the constable came up "You nearly had me in the hole"—when in the hole I saw. them start to run away—the hole was 10 ft. deep, I could see a man starting to run away—I cannot say whether George would have partly fallen if I had not grabbed him—by the expression George used at the time "Now you have got your deserts, "I did not think that George did so to save himself from falling into the hole—I cannot say if it was necessary for him to push me off, he was standing on the plank—what was done to me was done suddenly from behind in such a way that I threw out my arms and grabbed at something to save myself, and in doing so caught hold of George—I cannot say if George would have fallen into the hole if I had not grabbed him; the action made by him would have been with the intention of saving himself if he had been in front of methe words he used were after I had tried to grab at him to save myself, and after he shook me off, he struck me with his arm.
Re-examined. He did not do anything to assist me—he used the words "Now you b——you have your deserts", at the time I was falling—he was not, as I could see, in any danger of falling into the hole.'
JOHN FITCH . I am a labourer with Messrs. Brade—I was discharged on the 4th October—I saw the pay—ticket given by an apprentice, to the prisoners—I saw them go to the place to be paid, about 4.58—I was at the • office and got paid myself—they came out of the office as I was going in—I heard Williams say "I will go back and break his b——head"—I heard nothing else—I saw nothing of the occurrence.
Cross-examined by MR. W. SLEIGH. I did not hear George say anything.
Re-examined. I could not say how near they were together; there was nobody there but myself.
ROBERT LOWE . I am a labourer—I was outside the premises at Brade's, about 5.15—I saw the two defendants near the door, and heard Williams say to Read "You are a pretty b——, what did you sack us for"—he said "Because I did not want you"—they went out of the door, George first, Read next, and Williams next—just as they got by the hole, Williams got Read by the shoulders and said "There you b——", and chucked him right into the hole—there was no accidental tripping against any board-Read tried to save himself and caught hold of George, and George struck up his arm and flung him off-Read hallooed out "Don't let him go," and I caught hold of Williams, and I then fetched a policeman from King's Road.
Cross-examined by MR. WILLIAMS. I was close to Read—there were no boards where he was standing—I did not see any—I think. I should have Been them if there had been any.
Cross-examined by MR. W. SLEIGH. The prosecutor called out "Don't let that man go"—George came back from the door of the shop afterwards—when George made the drive with his arm I did not hear him make any threat at all.
Cross-examined by MR. WILLIAMS. I had 8 feet of boards in the hole, and I was about 2 feet deeper in it—there was one scaffold board laid down to prevent the dirt" falling upon me.
Cross-examined by MR. W. SLEIGH. In the act of falling, George was pulled partly in the hole, but he never came into it.
HENBY BBAMSGROVE . I am a sawyer at Mr. Brade's on the 9th October, shortly after 5 o'clock in the afternoon, I saw the two defendants and Mr. Read come in the wicket—gate, George first, Read second, and Williams third—I saw Williams catch Read by the shoulders and throw him down the hole—I did not hear what he said; I was too far off—Read tried to catch hold of George, but George chucked his arm up to save himself—I saw Read fall down the hole.
Cross-examined by MR. W. SLEIGH. As far as I could judge, all George did was to try and save himself from falling into the hole.
Cross-examined by MR. WILLIAMS. I did not say "I cannot say if Williams' putting up his arms was caused by tripping on the board "the question was not asked me before the Magistrate—I said that I always found Williams a civil man.
Cross-examined by MR. W. SLEIGH. George threw up his arms, whether to save himself or to push Read I cannot say; he touched Read.
THOMAS WHITE . I work for Brade Co.—on Wednesday, the 4th October, between 5 and 6 o'clock, I heard of the occurrence from a man in the street before the police came there—Williams said "the b——ought to have his head cut off."
Cross-examined by MR. WILLIAMS. I never saw Williams exhibit any ill—feeling to anybody.
Cross-examined by MR. W. SLEIGH. George was not with Williams; he came up afterwards.
CHARLES CLINCH (Detective Officer). I apprehended Williams on a warrant—I told him the charge—he said he knew all about it, but he did not think I could apprehend him on a Sunday—the warrant was read to him, and he was detained till George came to him—as soon as they were confronted, George said to Williams "This is a pretty—thing you have got me into. Why don't you speak I You know all about it"—he said "It is no use speaking now; what we have to say we must say before the Magistrate "—the prisoners are respectable men.
WALTER BURRELL (Detective Officer). I took George into custody—he said he thought it would be a summons and not a warrant-at the station he said to Williams "You know all about it. Don't get me into trouble; tell the truth"—Williams said "What we have, to say must he said before the Magistrate."
Cross-examined by MR. WILLIAMS. Williams said' "Do not be uneasy; I shall speak the truth."
WILLIAM HENRY KEMPSKI , M.D., M.R.C.S. I live at Oak House I Battersea-Read called at my house on Wednesday, 4th October—I I examined him on the following morning; I found a contusion on the left I buttock and hip—I found the back joint of the hip swelled—he complained of numbness and want of power in the legs; these symptoms are the sign of injury to the spine—he has been under my care up to the present time—he still suffers from weakness of the legs and want of power, consequent, I believe, upon the injuries received.
Cross-examined by MR. WILLIAMS. He was in bed one or two days against my advice he came out of bed.
NOT GUILTY .
The Witnesses repeated the evidence previously given. The Prisoners received good characters.
WILLIAMS— GUILTY of a common assault — One Month's Imprisonment.
GEORGE— NOT GUILTY .
MR. TICKELL conducted the Prosecution; and MR. C. MATHEWS, the Defence.
DAVID EWEN . I live at No. 6, Little College Street, Wapping, and am a shipwright—I have known the prisoner since 1866—he is a house and—, estate agent—in 1875, he was carrying on business at 37, Essex Street, Strand—in that year I entered into this agreement (produced) with him—by that agreement we were each to advance 600l.—it was to be put into the bank in both our names—I paid him the 600l. on the 23rd of January—he gave me the receipt (produced)—I paid it in Bank of England notes, which I had got from the West of England Bank—he did not pay his own 600l.—I asked him several times, and he said "It's all right"—the memorandum at the end of the agreement was made about two days after he had received the 600l.—he said "Mr. Ewens, I must look after your protection, as I am in partnership with Mr. Spiers—I wish to do you a good turn, and I must have this for your protection," and he said "You. will
have to sign this," and I did sign it—he said (he would pay it in both our names, but in such a way that he could draw it himself—the business was in 37, Essex Street, where he had lived before—I was to look out for buying houses and land—in May of that year I entered into an agreement to buy houses—I applied to him for 60l. as deposit, I got that—I never saw any books or accounts; I asked often about them, but he always seemed to have something or the other to put me off—the last time I saw the prisoner was about 12th May, 1875—I have never seen him since, although I have wasted about 40l. trying to find him—I have never got any of the money back from him; his sons treated me with contempt whenever I enquired of them—I saw him at Tilbury, and telegraphed to the police at London and he was arrested.
Cross-examined. I had known him since 1866, and had dealings with him prior to this agreement of 1875—in 1874 I had a transaction with him that he should purchase some property in King's Court, Bunhill Row—at that time the property was purchased by him, but I was to be the purchaser; I advanced to him a sum of 500l. for the purpose of repairing dilapidations upon the sale of the property, in return for this advance I was to receive a bonus of 100l.—in May, 1875 (this agreement being dated January, 1875), the, defendant and I had some property between us at Butcher's Row and Oliver's Court, Bedford—that is the property I allude to on which the 60l. deposit was paid-after that deposit had been paid, I in the month of May consented to its being treated as had been the Bunhili Row property. (Document read, dated 6th May, 1875. "Dear sir,—I agree to your carrying out entirely in your own way the property at Butcher's Row and Oliver Court, upon the same principle as King's Court, Bunhill Row-you are to pay me the sum of 150l. upon the sale of the ground rent as my share of profit, and I undertake to execute the deeds and do all I can to facilitate your successful disposing of the business. Yours respectfully, David Ewen. "That is in my handwriting at his dictation—it assents to his acting on the same principle as in 1874, viz., for me to find money for dilapidations and receive a bonus-in May, 1875, I did not know he was being pressed for money—I can swear it; he never told me so—he did not mention that his lawyers were pressing for money, nor that he was going away—I never heard of his being in difficulty until he was away—after May, 1875, his son told me he was—away, but he did not know where he was—I went to Mr. Gwynn, and he asked me what I was going to do with the property—I said "The man has taken all I have got"—then of course the people were writing to me about completing the purchase of property—I went over to the prisoner's son, and he pleaded that his father should send me money to complete the purchase, but he treated me with contempt, and said he knew nothing about it—at last I met a gentleman in Gracechurch Street, and he said he would take the property off my hands—there was to be 10 per cent, profit paid to him for supervision of all the concern.
Re-examined. There were to be accounts taken—I never saw any this was the Butcher's Row property—I was to do the buying of it—there was to be 160l. paid for it, and it was to be re-sold again.
GUILTY — Five Years' Penal Servitude.
509. PERCY FAREY (18), and WILLIAM SHORT (22), PLEADED GUILTY to stealing a bronze figure and other articles, the goods of Charles Francis Nosotti, their master. RICHARD SHORT (25) , was charged with feloniously receiving the same.
MR. BESLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
CHARLES LOOKYER . I am manager to Robert Doboy, 12, Gilbert Street, pawnbroker—I know both prisoners Short-Richard Short, on 10th June, brought a pair of curtains (produced), and on 8th July, a second pair—when he brought the first pair I said "Have these been to the auction rooms?"—he said "No, they have not"—he is employed at Phillip's auction rooms, he said it was a little private matter of his own, he was going to do it for a friend who was in trouble and going through the Bankruptcy Court, he did not wish his name to be known, but if I liked I could have it, he could tell me where the person was; it was perfectly bond fide, and all he should get was a few shillings for his troublethe one pair was pawned for 3l. 10s., the second pair is not here—on the 8th July, he brought the lace curtains—he said they were his own property, he had only brought them from his own parlour window that morning—I also produce bronze figure he pledged with me for 3l. 10s. on 23rd September—he said it belonged to the same party as the first curtains.
Cross-examined. I know the prisoner's father—I knew where he lived, and saw him daily.
JOHN HEATON . I am a china dealer, 43, Dean Street—I produce two china groups—the prisoner brought them to me, about the middle of July, and said he had them to dispose of for a friend, a publican at Notting Hill—I gave him 3l. for" one, and 20l. 10s. for the other—he asked me 4l. for one—I knew his father and him for years.
CHARLES FRANCIS NOSOTTL I live at 398, Oxford Street—the curtains, china groups, and bronze figure were stolen from my premises—the curtains are worth 10l. the pair—the guipure curtains are worth 6l.—the browse figure 8l. or 9l., and the china groups 10l.
Cross-examined. The china figures are worth 10l. now.
PHILIP SHRIVE (Detective Officer C). I took Richard Short into custody at Phillips' auction rooms—I said "Short, I am about taking you in custody for being concerned with your broker in stealing curtains, a bronze figure and other goods from Mr. Nosotti's and pledging them at Mr. Doboy's"—I took him to Bond Street, where he had pledged the china.
The Prisoner received a good character.
Farey was recommended to mercy— Five Years' Penal Servitude each.
OLD COURT.—Wednesday, October 25th, and Thursday 26th, 1876.
Before Mr. Justice Lush.
MESSRS. POLAND, MEAD, and HORACE AVORY conducted the Prosecution; MESSRS. BESLEY and THORNE COLE the Defence.
The prisoner on the advice of his counsel refusing to plead, on the ground that the allged offence was committed in Germany, the Court directed a plea of NOT GUILTY to be entered for him. After MR. POLAND had opened the case,
MR. BESLEY was heard in support of his objection, alleging that as the letters by which the money was obtained were written in Germany, and the money received there, this Court had no jurisdiction, and the prisoner had been improperly given up under the extradition treaty. MR. JUSTICE Lush did not consider it necessary to entertain any question with reference to the extradition treaty, it was quite enough that the prisoner was here, and the only question was whether the letters in question having been posted in England, addressed to a person in England, by means of which the money was obtained in England, did or not render him liable here. Mr. Beslet urged other objectwis founded upon the supposition that there was no proof of the prisoner having been in England during the progress of the transaction in question, but that proof was subsequently given in the course of the case.
HERMANN ZIMMERMANN . I am chief waiter at the Rautzenkrantz Hotel, at Eisenach—I recollect the prisoner coming there on 24th November, 1875, but I saw him about three weeks before that, when he came to make inquiries and engaged three rooms—he signed the visitors' book on that occasion; I produce it—he signed it as Count von Howard—about three weeks afterwards he came to reside at the hotel with a lady who passed as his wife; they occupied the three rooms, a bed-room, a sitting-room, and a study or writing-room—I have been in the writing-room about twice, to ask him questions; I always saw. him in the sitting-room when I wanted to see himthe writing-room opened on to the passage; the door was always locked, and the key was in the sitting-room—when he came, he brought fourteen or sixteen portmanteaus; they were all kept in the writing-room—letters were never delivered at the hotel for him; he always went to the post-office to get them there-two days after he came, the postman brought some letters, and the prisoner sent them back to the office, and said "I will come down and fetch them"—during the time he was at the hotel I sometimes saw him bring in newspapers and letters; they were small letters—he had no visitors while with us—on 21st February Mr. Schmidt, the burgomaster, and Mr. Weller, and a police-officer came and asked for Mr. Howard—I took them to the writing-room; it was then unlocked—they went into the room—the prisoner was sitting at a writing-table; he did not understand German very well, and I interpreted what was said—I said to him in English "The gentlemen want to speak to you about your passport"—he said "I have not got any passport"—the burgomaster afterwards took him into custody, and he was taken away—I believe Mr. Schmidt locked the portmanteaus and also the room, and put the key in his pocket—he returned in the afternoon with the Judge of Instruction and Dr. Baltzar, and went into the writing-room; no one had been into that room in the meantime; they took possession of all the papers and portmanteaus—whilst the prisoner was with us he used to go away early in the morning to different places, and come back late at night—he did not say where he had been; he did that about once a week.
Cross-examined. I have been at the hotel about four years—English and American visitors often come there; they occasionally go away for trips and come back againthe prisoner remained about three months at our hotel altogether-at the time the burgomaster came the portmanteaus were unlocked and the room door also—it is the custom in Germany for visitors to go to the post-office and receive their letters.
By THE COURT. If letters are directed to a given hotel, the post-office delivers them.
Ernst Schmidt (interpreted). I am the second burgomaster at Eisenach, in the Grand Duchy of Saxe-Weimar—I first saw the prisoner there last winter; I cannot say in what month—it was at the Hotel de Rautzenkrantz—on 21st February last, in consequence of some information received from England, I went to that hotel and saw the prisoner there; the waiter Rimmermann was with me—I went into the writing-room and caused the prisoner to be arrested—I locked the door of the room, and took the key with me—there were a quantity of papers on the table in the room and in the portmanteaus—I returned the same afternoon with the Judge of Instruction, the public prosecutor, and Professor Baltzar, a sworn expert—he understands English; I do not—he examined the papers in the room; they were collected and taken away—I believe I saw seventeen seals, but I think I can only recognise one; they were lying in a box on the table—some had three seals on one handle—I can identify, this seal (produced) by the inscription samar poto; the prisoner said it was the seal of the Norfolk family—this (produced) is the portmanteau in which there were a great many letters—I did not notice these two books.
Cross-examined. I did not pay particular attention to the date when I first saw the prisoner, but I remember seeing him once going out in a sleigh, therefore I suppose it was about Christmas time—I took my dinner at the same hotel where he was lodging, and I think I have seen him there on repeated occasions before that—I did not see him in the spring of 1875; I am quite certain about that—I don't know whether I saw him that summer—we had received from England an impression of a seal, and I found a corresponding seal in the prisoner's room.
Re-examined. I saw this War Office seal; these are the same sort of seals that I saw-.
CARL BALTZAR . I am a Doctor of Philosophy, and reside at Eisenach—on the afternoon of 21st February last, I went with Mr. Schmidt and other persons to the hotel at Eisenach—we went into the writing-room—I saw papers on the table, and also remarked the box of seals—there were about silken or seventeen; some had three sides and some two; altogether they would make forty-five or fifty impressions—I looked at the papers in the room by the order of the Judge of Instruction—I recognise these letters (produced) as being on the table. (This was a Utter dated 14th February, 1876, from Mr. Thornewell, on the fly-sheet of which was some writing in red ink, and an unfinished letter headed "Strictly private and confidential," and a piper containing the name of "Richard Harvey" and various other names.) These two books were also found in the room; I have had them at my house several days and examined them-at page 189 I find "Richard Harvey, Castle Baynard, 13, Upper Thames Street, and Carnousie House,—. Turriff, Aberdeenshire, 15/1/75;" at page 191, "J. Harvey, legacy, 30/1;" 192 "J. Harvey, A B letter"; 196, "J. Harvey, tin, written in Greek letters, 24th April, Saturday last;" 197 "J. Harvey, tin, 8th May, Saturday, Stuttgart "-Stuttgart is twelve or fifteen hours from Eisenach—there are a number of other entries of "J. Harvey" at different dates, and at 201 there is "J. Harvey, final coup" written in Greek letters, "17/8,. Tuesday"—I also find a number of similar entries against the name of "C. H. Williams"—in this other book all the various items under the head of "J. Harvey" are posted up; I also find a reference to C. H. Williams and Thornewell-amongst the papers I found some envelopes with" the name of "Judford, to be forwarded," written on them in pencil; I saw a
great many such in a portmanteau—I saw a large number of letters which purported to be written by Mr. J. Harvey; there were many like those in the portmanteau, a dozen or more by Mr. Williams, and a large number from other persons; from more than forty different persons-these two, numbers 76 and 77 were on the table; on one of them is written in red ink "Copy, and for general use"—I saw the War Office seal and sixteen or seventeen others, also this letter dated Southampton, 23rd April, 1874, addressed to Captain Howard, Passas, Bavaria," signed "your affectionate wife, C. H."—at page 24 of this smaller book I find an entry relating to Colonel Murray and a request to forward enclosed letter; there is no date to that entry—I also found some envelopes with the words "On Her Majesty's service."
Cross-examined. I met the burgomaster and the public accuser at the hotel at their request and went with them to the prisoner's room—we looked over everything that was on the table, and we looked into the large portmanteau that contained the letters, but I did not see everything then, of course; they were all brought to the Court-house, and these two books and the letters were sent to my house by the Judge of Instruction perhaps two or three months later—I don't recollect seeing the books or the pencil envelopes when I went to the hotel—there were papers and envelopes not written upon, large ruled sheets of the same sort and colour as these produced—I think there was also note paper and envelopes; I don't think any of those were sent to me.
GEORGE CLARKE . I am chief inspector of the detective department at Scotland Yard—on 25th August I was at Hamburgh—I saw the prisoner there in custody—I read the warrant to him and told him that I was an inspector of police and was about to take him to London on the charge of obtaining 380l. from Mr. Harvey—it was the Lord Mayor's warrant, dated 30th March—I don't recollect any particular words that he used then, he was in the custody of the governor of Eisenach prison—he was given over to me at the police-office in Hamburgh—the governor handed to me the sixteen or seventeen seals produced in a card box—I also received this portmanteau containing a large number of letters and papers, it was sealed with the German police seal—that was broken in London in the prisoner's presence, and I found in that portmanteau the documents and papers produced, amongst them are a number purporting: to come from Mr. Harvey and Mr. Williams, these two books, about twenty envelopes with the name of Judford in pencil, several large sheets of paper marked T—I produce a letter to Lord Derby, dated July 16th, 1876, from the Foreign Office, also a draft of that letter, which I found among these papers—the prisoner gave the name of Charles Howard—I have made a list of eighty-two names of different letters, that he corresponded with and there might be more.
Cross-examined. I did not make an examination of the books and letters in the prisoner's presence, I turned them over generally—I made a minute examination of the portmanteau; "I found some blank paper, note paper, and envelopes, I don't think I found any sealing wax.
JOHN HARVEY . I am a merchant, and carry on business at Castle Bay-nard, 13, Upper Thames Street—I have also a residence at Carnousie House, Turriff, Banffshire, Scotland—in January, 1875, I received this letter, dated London, 15th January, addressed to "J. Harvey, Esq., Carnousie House, Turrit Aberdeen, Banffshire"—that went astray and was delayed in consequences, it had this large black seal on the envelope, it was forwarded to me from
Scotland, after two or three days delay, at my City address, it purports to be written by Mr. F. C. Judford—up to that time I knew nothing of Judford or Herr von Howard, nor had I any reason to believe that—I was interested in any will—I have the envelope in which the letter came, it was registered at Temple Bar and bears a 3d. and 4d. stamp. (The letter was as follows: "Strictly private and confidential. Mr. F. C. Judford presents his compliments to Mr. John Harvey. In 1870 a man of wealth died leaving a last will signed in compos mentis bequeathing property to the amount of forty thousand pounds to John Harvey, son of William James Harvey, of Carnousie, in the county of Banff, Esq., and of Mrs. Isabella Harvey, his wife. Further information can be given only on the distinct promise that the knowledge of this letter and all matter communicated, and of all future correspondence, mill be confined solely to Mr. John Harvey himself and be treated as strictly confidential till he is released by the writer from such promise. On receiving this assurance the writer will provide particulars—which may be found to be of a private and family nature. As the writer, a man of honourable position, is solely moved by a sense of justice and right, this information may be relied upon as bond fide, and as Mr. Judford, a name partly and unavoidably assumed, why will be explained hereafter, has no other means of communication, a letter in a sealed envelope to Mr. F. C. Judford, the name to be placed in pencil for convenience in reforwarding, this enclosed in a second envelope addressed to Herr von Howard, Secfeld Neumunster, Canton Zurich, Switzerland, will be transmitted to the write. If, however, he has any hesitation in answering this letter he can burn it. In this communication the fullest reliance possible is placed in Mr. Harvey's honour as a gentleman, and in that faith in the strictest confidence the above-information is given. London, January 15th. Envelope addressed 1a, private, John Harvey, Esq., Carnousie House, Turriff, Aberchirder, Banffshire") That letter enclosed a sealed envelope addressed in pencil to F. C. Judford—I answered that letter on 20th January, and in the hurry did not seal the envelope enclosed addressed to Judford-this is the letter I sent, dated 20th January, 1875, and attached to that letter was the envelope addressed to Herr von Howard,. Neumunster, Canton Zurich, Switzerland—on that letter there is now some writing in red ink which was not there when I sent it, it is a summary of the following letter that I received; the envelope is also written on, it is in red ink "J. Harvey, Esq., Castle Baynard, Upper Thames Street, London," and some Greek characters, 8, 12, 30, 1—on 21st January I wrote this other letter in consequence of the address of the first letter; I sent that in the same way—I registered every letter I sent—I sealed the envelope which had Mr. Judford's name on it—I find on that a note in red ink "I regret the error of the address"—I next received this letter of 1st February at my London address; it has the London post mark S.E. and the penny stamp with the same seal; this purports to come from Judford, and informs me that the will in question was the will and codicils of Richard Harvey, who died on 6th July, 1870, by which I was to have 40,000l. and 8,000l. the value of the freehold, and cancelling a prior will—on 2nd February, 1875, I wrote this answer directed to Herr von Howard, Zurich, enclosing in it and. in all the following letters an envelope directed to Judford—these envelopes addressed in pencil are some of them, with my seal to them—on that letter of 2nd February there is also some red ink writing containing the substance of a reply—all the letters I received were addressed to me at Upper Thames Street with a penny stamp on—I received all these letters up to, No. 13 and
wrote all those that are addressed to Howard—I received this letter (No. 14), dated 24th April, stating that the will had been deposited with some bankers and that 380l. would be required to release it; there are two sheets and each sheet is headed "Strictly private and confidential"—I received and wrote these letters up to No. 19, and on 3rd June, 1875, I sent a letter addressed to Herr von Howard, Urach, enclosing the half of a 50l. Bank of England note in a calico cover for security, and inside was an envelope directed to Judford; I registered that letter at Cornhill—I now find on that letter the draft of a reply which I afterwards received informing me that no one else was interested in the will—I received the letter of 4th June in the same way through the English post, and on 9th June I received in the same way this letter acknowledging the receipt of my letter containing the half note—on 10th June I wrote this letter, which is dated in error 10th July, in which I enclosed the halves of three notes, one for 300l., one for 20l. and one for 10l., and I received an acknowledgment of their receipt, dated 16th June—on the 17th June I sent the remaining halves of the notes, making up the 380l.; I registered that in the same way at Cornhill, and addressed it to Urach; this is the receipt for the registration of that letter—I afterwards received this letter acknowledging the remaining half notes; that letter purports to be written from Morton Hampstead, near Exeter—these (produced) are the notes I sent—I did not receive the will—I received and wrote these other letters (looking at several), one of them, dated 21st July, 1875, intimates that Mr. Howard was going to travel in Spain, Portugal, and various places—I wrote to some of those addresses and my letters were returned through the Dead Letter office—I was a month or six weeks after that without any communication from Judford—I had a letter addressed to London which had gone to Dusseldorff and had been a month on the way home; in that he told me to put an advertisement in she "Courier" under the, heading of Ego Potomi—I did so on 2nd, 9th, and 30th October and 11th and 27th November—I afterwards received this letter of 20th December addressed to me by Judford with the same penny stamp on it-previous to that I received a letter, which I have lost, telling me that the holder of the will, not having heard from me so long, had deposited it with a relative or some lady, the soul of honour, who would not give it up—some time after that I communicated with the police in Scotland Yard-in the early part of this year I heard that a Mr. von. Howard was in custody at Eisenach and on 30th March I obtained a warrant from the Lord Mayor for his arrest that was put into the hands of the police—I afterwards attended at the Mansion House when the prisoner was brought over—before that I received this letter, dated 10th July, 1876, signed Howard, purporting to come from Eisenach—I knew nothing personally of Mr. Richard Harvey, of Greenway, Dartmouth, who is referred to in these letters—I am not related to him that I know of-when I sent the Bank notes I believed that the letters I wrote addressed to Judford were received by Herr von Howard and forwarded to to Judford in London, that he was a solicitor, and was acting for some client—I believed all the statements contained in these letters; unless I had believed that I would not have sent the Bank notes.
Cross-examined. I was not particularly glad when I received the letter announcing that this large property was left to me—I went to Somerset House, to see if there was any will, that was not before I wrote the first letter, I wrote three or four letters first, I don't know how many letters I wrote altogether, I kept no copies, and did not count them—I sealed all
but the first letter, because I read over the first letter I received, in which he told me particularly to seal the enclosures—the first letter I received was the only registered one—everyone of the letters was sealed with black sealing—wax, and the same seal—I inserted about half a dozen advertisements in the "Courier", I received the next letter a day or two after inserting the advertisements, and it is dated October 2nd—after the advertisement of October 9th, I received a letter on 13th; October 23rd was the next advertisement—I received an answer to that on the day after it was posted, I presumethe letter is dated 23rd October—I recognise the numbers on these 50l., 20l., and 10l. notes-my clerk took the numbersthe advertisement says. "Letter received, lies, unclaimed"—the "Courier" is published at 24, Wellington Street, Strand—I think it is published on Fridaysthe date is Saturday, 23rd Octoberthe letter to me of the 23rd was posted in London.
MATERNO KRESPACH (interpreted). I am assistant post official at Urach, in Wurtemburgthe post-office is on the ground floor of the house, the upper floor of which forms an hotel—I know the prisoner, he resided at that hotel—I first saw him at the beginning of April, 1875, in the hall of the post-office—there was a registered letter for him which had arrived a day or two before, I saw him sign the book (produced) "Registered letter from London, to V. Howard, 8th April, 1875," signed "Howard"—he signed the name "Howard"—on 9th April, another registered letter came and he signed the certificate for that "Howard," and another on 29th April, when there is the same entry—I believe the prisoner lived at the hotel over the post-office for two days, after April 8th, I cannot say exactly—when he came on the 8th, he did not live there, but I. think he came on the 10th—I produce a book containing the prisoner's signatures for a number of letters while he was at the hotel, here are thirty-four entries from April 31st to July 17th, all of registered letters, and the prisoner has signed here for each of them—I find that on June 4th, he signed for a registered letter from England—the entry is "England, Howard, registered," and it is signed Howard—on 5th June, here are three letters from France, London, and England, and three signatures' "Howard"—London letters are generally delivered at Urach, at 10 a.m.—those are not the letters posted the preceding evening, but the second day in the morning they are delivered-two registered letters were received from England, on the 12th—there are sometimes letters bearing a post-mark which I cannot read, but most English letters came from London—I find on 19th June, three letters from England registered, addressed to Howard,—and signed Howard—the last entry is from England, on 17th July, registered and signed Howard—after that the prisoner remained at the hotel for one, two, or three days, and then left—he said that any letters which might arrive were to be forwarded to the Poste Restante, Strasburgh—he fetched his letters himself when he was staying at the hotel, he said that I was not to send any upstairs, but to let them remain downstairs till he fetched them—other people's were sent up—his letters were always addressed to Von Howard, or Graf von Howard.
Cross-examined. I have been assistant official since 1873, and have constantly been in the habit of receiving English. letters and papers-a letter takes a day and a half from London to Urach, and often two days, it may be—I cannot say how soon the "Times" would be delivered, because it is not read over therethe "Sunday at Home" is taken in there—it may be that there are two deliveries a day from England, letters sometimes arrive at 7 o'clock in the evening—a person writing to London from Urach could
get an answer before five days-with the exception that I take my dinne there I have nothing to do with the post-office hotel—if any person enquired for the prisoner there I should not be likely to see him under ordinary circumstances, but by accident I might hear of it—I do not recollect dining at the same table with him in June—we have little boxes into which letters arriving for travellers are put.
CAPTAIN CHARLES HENRY WILLIAMS . I am an independent gentleman, residing at Hilton House, Barnstaple, I was M.P., for Barnstaple in 1873 in October, 1873, I received this letter (produced), it was registered and marked private, it had an English stamp and bore the English post-mark—it purports to come from Mr. Tent, and is headed "Private and confidental"—all my letters have the same seal. (This letter was in almost the some terms as the first addressed to Mr. Harvey, only stating the amount in this case was 50,000l.) Upon that I wrote this answer—I must explain that I read his name as Hovard, not Howard, and if you look at my envelopes you can see that all through—I neglected to mention that before the Magistrate—I sent the answer in an envelope to Mr. Tent—I have seen produced by Mr. Clarke nearly all the letters I wrote to Howard, and the outside envelopes—I do not find any inside envelopes addressed to Tent—I produce all the letters I received from Tent, they all have the same seal and the same writing, and all have penny stamps—here is a letter dated 16th February, in which 380l. is proposed to be paid for the purpose of releasing the will—there was a further correspondence, and in August, 1874,. I sent the bank-notes the first address was Passau, Bavaria, and in August, 1874, the address was changed to Moileu—I did not receive the will—this (produced) is the letter in which I enclosed the notes, I sent the halves in a registered letter, and the will not being forthcoming I delayed sending the remaining halves; I did afterwards send them—I received this letter of 31st March, 1875, through the English post-office. (This was marked "private and confidential" and stated when week after week passed without a letter from Mr. Williams, the will was retained under certain conditions which had not been violated.) I remember a letter informing me that Mr. Howard was going to change his address, and I sent letters to the address given me, which were returned through the Dead Letter Office—I was without any comunica-tion with Mr. Tent, and I advertised for him in the "Times", about 9th January, 1875, and got this answer. (This stated that he had returned the will in his possession for six weeks, and that then, not hearing from Mr. C. Williams he had returned it to the holder.) I have never received the will, and I did not get my money back—I communicated with the police at Scotland Yard when I heard that he was taken in custody—I then got a warrant which was sent over to Germany—I knew nothing of Tent or Howard—Mr. Richard Harvey, was a cousin of mine—I knew that he died in December, 1870, and heard of his leaving 390,000l. by will and codicilsthe description on this paper, Charles Henry Williams, son of Sir William Williams, of Tregellan, is a description of myself.
Cross-examined. I received these thirty-seven other letters (produced); I took care of all the envelopes—I will not be certain whether I sealed the inside envelopes of the letters I sent, but I sealed the outside ones—I have not got my Bank notes back, but I have got the numbers and the notes are here, a 300l., 50l., a 20l., and a 10l.—I only received one registered letter, the first—I inserted an advertisement in she "Times" on 9th January, 1875, and after
wards received a letter on January 17th—I did not insert another adver tisement then; but I did later, in his paper, the "Law Times"—I think the advertisement was put into the "Times" twice—I advertised in the "Law Times" on January 23rd, 1875; that was the first advertisement—I received a reply on January 29th—I putanother advertisement into the "Law Times" on February 20th, but got no answer, and on February 24th I put an advertisement into the "Times"—I see by my notes that there was an answer to that, but I have not got the date of the letter; that was the letter stating that he had given up all idea of hearing from me-all my letters had English post-marks—the date of the letter referring to having seen an advertisement in yesterdays "Times" is January 16th—I may have repeated the advertisement—I received a letter of April 23rd, 1875, beginning "Mr. Tent presents his compliments to Mr. Williams, and begs to say that he saw his advertisement in the "Times" of this day—this is the letter and the envelope, it has no seal; it refers to an advertisement in the "Law Times," and is in the same writing as all the others.
CHARLES VON TORNS (Detective Officer). I know several foreign languages—I have looked through all these letters and made extracts of all the entries relating to Harvey, giving also all the entries relating to Williams, and the pages.
Thursday, October 26th,. 1876:
ERNEST GROTH . I am a doctor, and live at 5, Weymouth Street, Portland Place, it was formerly No. 49, the numbers have been altered—the prisoner lived with me from the end of July to 20th or 21st November, 1875, he went by the name of the Hon. Captain Howard; no one lived with him—when he left he only said that he was going to the Continent; he said when he arrived that he came from the Continent—he left about six boxes when he went away and afterwards, about the end of June, or the beginning of July this year, this letter was handed to me and some lady fetched the boxes away—I do not know the prisoner's writing.'—
Cross-examined. I have not been examined before to-day, I only got notice last night—I was not at the police-court—I have not seen the prisoner since November, 1875—I heard that it was Captain Howard and came down and said "That is the man"—I a'm sure he is the man.
Re-examined. I saw him nearly every day and talked to him—I went to the Mansion House when this case was on, but I said nothing to Inspector Clarke, but he came to my house last night—I told him what I have told you to-day, and he requested me to come as a witness.
GEORGE HOOK RODMAN . I am, a clerk in the Probate Office, Somerset House—I produce the will of Richard Harvey, late of Green way, on the River Dart, and of Rockhill in the same county, dated 27th June, 1868—there are three codicils of the same date, and a fourth dated 26th July—I have not examined the will-probate was granted on 6th December, 1870, to the executors in the usual way, and it was aworn under 350,000l.—any of the public going to Somerset House and paying a shilling can inspect any wills which are there.
Cross-examined. Persons applying do not make a written application, they merely have to give the name verbally—I have been in that part of the office twenty years—the name is never written.—.
JOSEPH CHILDS BATTEN . I am a member of the firm of Childs Batten, solicitors, of Fleet Street—I am one of the attesting witnesses to the signature of Richard Harvey, to this will, and its four codicils which were
prepared in my office—the testator executed the will, and three of the codicils at Claridge's Hotel, Brook Street, and the fourth codicil at our office, which was then at 25, Coleman Street—we were his solicitors for the purpose of the will—his age was about 68 then—I never heard of any other will being prepared in our office.
Cross-examined. I do not know how long he lived afterwards, and I do not think I ever saw him after he executed the last codicil.
Re-examined. He was of sound mind and understanding then.
HENRY CHARLES MARKMAN . I keep Markman's Hotel, Minories-in February, 1873, this envelope was delivered to me by post—it is addressed to my house—the post-mark is I think Brientz, I cannot read the date—it contained this slip of paper, and seventeen, eighteen, or nineteen letters, all of which except one were sealed with a black seal, and a coat of arms and a lion rampant; one was sealed with red sealing-wax with a coat of arms, with many quarterings, they were addressed to people in London, and I posted them in consequence of this memorandum—they each had English penny stamps on them.
By THE COURT. I do not know the Honourable Captain Howard, or the Honourable Colonel Murray—it is not usual for letters to come to me to post-none of the names were known to me personally.
MATTHEW WYATT GUNNING . I am a clerk in the Financial Department of the War Office, Pall Mall—the prisoner was a temporary clerk there, he camel think in 1855, and remained till 1858—I think his name is Talbot Bouverie Cleveland Wilmot—I heard that in 1858, before he left he met with an accident to his thumb, but I was in China at the time—I saw him in Ireland in 1864, but did notice his thumb—I know his writing, I had to examine all queries in his accounts; I believe these letters to be his writing; I have no doubt about it.
Cross-examined. The last time I saw him write was in 1856, I believe—I gave evidence on the trial in Ireland in 1864—I saw none of his writing, between 1855 and 1864—I have very little doubt that these are his letters—I am not quite free from doubt, but it is so long ago, that is the only reason, but I fully believe they are his writing.
Re-examined. I produce these official letters from the War Office; they were written by Mr. Wilmot to Mr. Peel, and Sir Benjamin Hall, and are signed T. B. C. Wilmot—nobody else in the office bears that name—the letters are from 1855 to 1858, explainig his absence when he met with an accident—they are applications to be reinstated as clerk.
HENRY FRANCIS DESSELL . I am one of the warders of Newgate, I produce a letter written by the prisoner on September 1st, on paper supplied by the officials—I gave him the paper, he wrote on it and gave me the letter to be forwarded, and I initialled it—it was taken into the chief warder's room and sent to the presiding Magistrate'.'
Cross-examined. He made application to write the same as any other accused person—I did not know that it would be used in any Court.
INSPECTOR CLARKE (re-examined). Among the papers I produced yesterday, I find this. (This was written in Greek characters, and was headed "Doctor's Commons.") Among the seals found in the box was this one, which corresponds with the impression on Markman's envelope.
Cross-examined. I found this blank blue paper in the portmanteau, and I gave up some notepaper and envelopes to the prisoner's solicitor after his committal
HENRY POLLARD . I am one of the clerks in the office of the solicitor to the Treasury—I made this impression from this seal just this minute—I served this notice to produce, on the prisoner on 19th October, in Newgate, and served a copy on his solicitor. (This was a notice to produce a letter written by John Harvey, and other letters.)
CHARLES CHABOT . I lire at 27, Red Lion Square, and am an expert in handwriting which I have made my study for many years—I have been many times examined in Courts of Justice, to assist the Court—I have examined the letter found on the writing table and marked "Private and confidential", also a letter from Mr. Thornley, with some red ink writing on the second page; also a number of letters written in the name of Judford; also the redink writing on some letters purporting to be written by Mr. Harvey; also the letters purporting to be written by Mr. Tent, to Captain Williams, and they are all without doubt in the same writing—this letter to Captain Williams, with red ink on it is no doubt, also in the same writing, and so is the whole of this, document marked T 75—this document headed "Doctor's Commons," also seems in the same writing—this envelope to the hotel-keeper and the memorandum enclosed appear to be the same I speak more strongly about the enclosure—this letter to the "Daily Telegraph," dated February 21st, is in the same writing, but it is in an altered style—I have looked at the signatures on the list of visitors at the German Hotel; and the signature in the Urach post-book, they bear the same signature as this letter to Lord Derby, and this letter to Sir Robert Carden; but—they are studied writing, they are unnatural—these two letters produced by Mr. Groth, and signed Howard are in the same writing as this to Lord Derby, and the letter written in prison, the yare the same signature, the same writing and the same style—this letter to Mr. Harvey, 86 A., dated July, 1876, are in the same writing—I have examined these letters from the War Office, I should not know them by comparison, but letter No. 84 is in a different style of writing to those written to the War Office—the letters signed Tent and Judford, and the letters in red ink are in the same' writing; the letter to the "Telegraph" seems to be the connecting link between the two, I should not have been able to found that opinion without the letter to the "Telegraph."
By THE COURT. The letters to Lord Derby and Mr. Harvey, and the prison letter have the same character, but it is an assumed hand—the other letters are all unmistakably in one writing—there is no English writing in this letter book, it is all Greek.
Cross-examined. I say that the writing of the letter from the prison is different from the Judford and Tent letters, and, but for what I call the connecting link I should come to the conclusion that it was a different writing—I have the assistance of the letters to the War Office, they are a good deal more like the Judford letters—I am a professional witness, I am not a lithographer—I sometimes appear for the Crown, and sometimes for prisoners—my livelihood is not derived from the fees I receive; I have a private income—I sometimes appear with Mr. Netherclift, a brother expert, and sometimes against him—I recollect the case of Davis and May, in the Probate Court, in December, 1875, that was a suit to upset a will on the ground that the signature of the testator was a forgery—I gave evidence with Mr. Netherclift, on behalf of the will, and we both derived our fees from that side—I did not give an opinion, I only pointed out discrepancies—I was not in Court to know whether the jury stopped the case before Justice.
HANNEN SUMMED UP. (In the Utter to Lord Derby, which was put in for the purpose of comparison of handwriting, the prisoner asserted that he had merely received the letters to oblige a friend and forwarded them as directed and that he knew nothing more of the matter.)
GUILTY . The Jury found that he was in England at the time.
The prisoner was further charged with having been previously convicted in February, 1864, in the name of Campbell Bouverie Cleveland Wilmot, of obtaining a book by false pretences, when he was sentenced to twelve months' imprisonment. To this he
PLEADED GUILTY. Inspector Clarke stated that the prisoner had been pursuing this course for the last ten years, and obtaining from various persons large sums of money— Five Years' Penal Servitude.
NEW COURT.—Wednesday, October 25th, 1876.
Before Mr. Justice Denman.
MR. LEWIS for the Prosecution offered no evidence.
NOT GUILTY .
MR. F. H. LEWIS conducted the Prosecution; and MR. M. WILLIAMS and Mr. A. Metcalfe the Defence.
WILLIAM CHARLES DUPREE . I live at 50, Glenarm Road, Hackney—I am the tenant of the house, the rent is 26l. a year—I have a wife and three children, the eldest is eight and the youngest two years and two months—there are eight rooms in the house—the kitchen is on the ground floor and there are merely cellars in the basement—there are three rooms on the ground floor, kitchen, sitting-room, and parlour, without reckoning the scullery—there is a fore court facing the street—I occupy the ground floor and sleep with my family on the second floor, which is the top of the house—the first floor contains a sitting-room and two—bedrooms, all which the prisoner occupied, and used the back one as a kitchen—he had no servant, nor had I on the night in question I shut up the house myself, the front and back doors were fast and also the parlour shutters—the prisoner's wife was confined about four weeks before the fire, and she had been away from the house about a fortnight at her father's—after seeing the house securely fastened I followed my wife upstairs and we went to bed about 11.45—the children were already in bed—I heard the prisoner go up to bed about the same time, in fact we all went within two minutes—I had seen the staircase and mats before I went to bed, they were all perfectly safe and there was no paraffin oil on them—I just opened the dining-room door to see that the shutters were closed and I smelt no oil—I went to sleep with the door open and was awoke by the prisoner calling me; he gave the alarm that the house was on fire—I took my trowsers off a chair, went to the landing, and found smoke coming up the stairs—I dropped my trowsers and went and rescued the children—I was sleeping in the first bed-room and the baby was sleeping in the same bed, the other children were in the back room, there is a door from the bed-room to the landing, and when I came from one room to the other I saw the prisoner outside the window on the top of the kitchen—he had his shirt and trowsers on, but I cannot say whether he had a coat,
he had no boots-we escaped through that window—he got out first and gave assistance to us, had it not been for his assistance we could not have escaped at all-we could not get down from there, but we broke a window and got into the next house, and he fetched the fire engines—the firemen forced the back door and got in—when I got into the house there was a flickering of light out he mat by the parlour door and the stair carpets had the appearance of oil on them, the stairs were charred and the carpets also, but the wood work was not burnt through—I was shown a bowl, a quarter of an hour or twenty minutes afterwards, which smelt of paraffin oil; it did not belong to me, but I had one which was in its usual place in the wash-house—I have been insured in the London, Liverpool, and Globe for seven or eight years for 300l.
Cross-examined. My bed-room was immediately over the prisoner's rooms—the firemen told me that it was about 1.15 when they, came—the oil was, merely on the stairs and in the parlour on the ground floor-we got out of the window on to the slates which form the roof of the prisoner's kitchen; • when the prisoner had helped to rescue my children and wife he did not go in again—I was present when the bowl was found, it was under the sill of the window which we got out at; the first time I saw it was after the firemen came—my wife awoke first and helped to rouse me—the prisoner was still calling when I awoke; he had only his socks on, no shoes, when he went for the engine-we had no time to dress ourselves, we escaped in our night-clothes—I felt nothing wet on the top stairs when I went out with bare feet—I did not notice any moisture on the carpets till my attention was called to it by the firemen—the prisoner told me on the Friday night that he was taking clothes, to his wife at her father's—I believed the., prisoner to be a man of good character, I had the greatest confidence in him—I have known him twelve or fourteen months—he furnished his own rooms.
Re-examined. He is a journeyman painter, he did not carry on his business in the house—he had named his insurance to me.
MRS. DUPREE. On 8th September I went to bed at about 11.45, and my husband and the prisoner followed shortly afterwards—I had put my children to bed an hour before—I heard the prisoner go into his room and lock his door—I went to sleep and afterwards heard a cry of "Fire!"—I sat up hearing the prisoner running upstairs and calling—I aroused my husband—we went out and saw the prisoner outside the staircase window in his trowsers and stockings—I saw the lower part of the premises before I went to bed—there was no oil on the carpets or any smell of oil then—I did not go into the ground floor kitchen till the next morning—I then found a hat there which I did not know, but the prisoner owned it a week afterwards—he had been in the kitchen that evening just for a little while before he went to bed—I saw a cab go away the night before the fire, it contained a bundle and good sized woodon box containing women's wearing apparel.
Cross-examined. The prisoner asked the officer for his hat and the fireman came and asked if I had seen it—I was present when Mr. Wareham's clerk called about an insurance—the prisoner said that he did not want to insure in that and he would not pay for the policy.
WILLIAM FAGE . I am a fireman belonging to the Metropolitan Brigade, stationed at Hackney—on 9th September, at 1.44 a.m, the prisoner came to the station in a very unconcerned manner and said that his house was on fire.—while we were getting the engine ready he said that his wife and children
were all right, he had got them out-we started from the station three or four minutes afterwards and he wrode a on the engine—when we got to the corner of Glenarm Road I saw some firemen's lamps and said "The volunteers are there, I think"—the prisoner said that he thought the house would have been burnt down by that time—I saw Dupree outside and the police—I could not discern any fire from the outside—we got in by going the next house and into the back yard and over the wall-Dupree showed us the way—the first door was locked and bolted' and the shutters also; the back door was bolted and I had to burst it in, carrying away the bolt—after going into Dupree's kitchen I began to smell paraffin and other oil which I took to be boiled oil, and the two mats were alight—on opening the back parlour door I discovered a large amount of oil strewed all over the carpet which was just alight with a flickering flame all over the top of it and opening the door blew it out—there was so much oil that I could scoop it up in a handfull—the stair carpet on the first floor was saturated and part of it was burnt through—I asked Dupree and the prisoner how they accounted for it—they both said that they did not know how it came there—after the engineer took Dupree's particulars of insurance the prisoner said that he was insured, and I was ordered upstairs by the engineer to show the prisoner a light to get his receipt or policy—I went to a bedroom, and the first thing I saw was a cash-box on the drawers—the prisoner stated that there was nothing there of any consequence as his wife had got everything away with her—after some time he opened the cash-box and produced a receipt for the policy and said that he did not know where the policy was, it was mislaid, or his wife had got it—I examined the bed, there was no impression of anybody lying there, the bed clothes were just thrown, back and the pillow had a slight indenture in it—I asked the prisoner how he could account for the fire—he said that he heard a noise on the landing, a rumbling, like something being thrown downstairs, and he jumped up, discovered the fire, rushed for a jug of water and threw it down the stairs—I found a pint jug lying at the bottom of the stairs burnt both inside and out—this tin bowl (produced) was quite wet with paraffin and it had about half a gill left in it, it was outside the window—I asked the prisoner if he knew whose bowl it was and how he could account for it being there—he said that he did not know who it belonged to or whether it was his or not—I found a bowl in the sink which Mr. Dupree said was his, it contained two or three pocket handkerchiefs in water which looked as if they had been put in soak over night—I found a shawl outside on the slates, and this can in the prisoner's kitchen, with oil running down it, aud alongside of it a gallon can, which is not here, it was quite dry and I could not discern that anything had been it—this other tin I found in the kitchen cupboard quite empty and wet, the cork was alongside it—I asked the prisoner if they were his cans—he said "Yes," he brought them there every night—I asked him whether he used oil on the premises—he said "No," only at his place of business—he did not complain of having lost anything when I was in his bedroom, he told me he had nothing there of any consequence.
Cross-examined. He had no shoes on—I did not see him help to put the horses into the engine—I left him outside the front of the house when I went in—I saw a fireman take the bowl from the slates immediately under the window from which they escaped—the house is over half a mile from the fire engine station, and under three-quarters—I should put this down as ordinary paint oil—this shawl (produced) was lying on the staircase.
MRS. DUPBEE (re-examined). I wrapped my baby in this shawl when I took it to bed, and afterwards took it out of bed, put it in this shawl and took it on to the roof—this little tin is not ours, we used a smaller one containing half a pint, it was only used for the children's bedroom.
W. C. DUPREE (re-examined). My house is lit by gas, except in one room, where we burnt a lamp for which I use a little benzoline—I cannot say whether the prisoner burnt paraffin or benzoline.
Cross-examined. I found this shawl on the slates, on the roof; I also found a bowl just outside the window close under the sill.
THOMAS MAYNARD (Policeman If 7). I got to the house about 2 o'clock, and examined the prisoner's bed—I found the clothes turned down and a small indentation in the pillow on one side—it appeared as if no one had been lying on the bed—I asked the prisoner and Dupree if they could account for the fire, and asked the prisoner if he had any oil in his place, he said "I use it in my trade"—I went to his room and found a can wet with oil, he said he could not account for the fire—he told the fireman that he heard a noise on the stairs and got out and found the place on fire and threw a jug downstairs—he came to the station the next evening, and said he had lost 10l. and a gold watch and chain from his bedroom—I said it was almost impossible for anyone to come in, and there were no strangers in the house, he said he missed it that morning and the firemen had been plundering him; I asked him the number of the watch, he said he could not tell; I told him he could get the number at the watchmaker's and go to the pawnbroker's about it—I apprehended him on the 13th, in Dalston, near his father's house and told him he would be charged with setting fire to the house, he made no reply—the charge was read to him at the station, he made no reply—I asked him if he had a policy of insurance or where it was, and he produced from his pocket this policy on the Royal Insurance Company, for 210l. (This was dated February 17th, 1876.)
Cross-examined. I said before the Magistrate that I did not believe anyone had laid on the prisoner's bed—it was a bed on a mattrass—he did not say whether the 10l. was in coin or notes.
GEORGE EVANS . I am clerk to Brown, Roberts, Co., of Throgmorton Street, surveyors to the Royal Insurance Company—on 10th September, I went to 50, Glenarm Road, and saw the prisoner in the front room, I asked him for his policy, and I believe he went out of the room for it, but I cannot say as I was looking out of the window, but he produced it to me after a few minutes—I asked him how the fire arose, he said he did not know, but after he said that someone must have secreted themselves in the house, poured oil over the place and set fire to it, that he went to bed at 12 o'clock, and as he laid awake he heard a noise on the stairs, he got up to see "what it was and found the place on fire and then called the landlord who came to the bedroom door and said "By God so it is," that he then assisted in getting the children out of the window and passed them into the next house, and that he had lost eight guineas which he was going to pay to the Freehold Land Society, next day, and which was in a small box on the drawers in the bedroom, and also a gold watch and. chain—I examined the furniture, it was worth 130l. or 140l.
Cross-examined. No one else can speak to the value of it, it was insured through an agent named Hobson, who is not here—I do not know that Hobson suggested that it should be insured for 210l. instead of 200l.—I
cannot say whether he saw the furniture or not, it is not usual in private houses—I made no inventory, I made my estimate of the value by a cursory glance without putting the things down.
EDWARD WAREHAM . I am a builder and decorator and agent to the County Fire Office—the prisoner was a stranger to me, but in April last he crossed from the opposite side of the way to me as I was walking along and said "Good morning, I believe you are Mr. Wareham"—I said "Yes"—he said "You are agent for the County Fire Office, will you insure me?"—I said "Yes"—he said "I am a painter over there, you see"—he was painting a house—I said "How much do you wish to insure for?"—he said 300?."—I said "That is a large sum"—he said "Yes, but I have married into a respectable family, married a young woman who has money"—I asked him where he lived and whether he was insured in any other office—he said "No"—he said he had a musical instrument and some jewellery; those were embodied in the 300l., and I sent him the policy by post—I said "Shall the insurance commence at Midsummer?"—he said "No, something might happen, I prefer it at once," and I ordered it to commence on 6th May—I afterwards saw him at work and called across to him and said "You have the policy"—he said "Yes, I will call this evening," but he never called—after three months I sent a collector for the premium, but he brought back no money—some time in August the prisoner came to my place and said "Well, I have another policy, I don't want two policies, two policies are no use to me"—I said the insurance offices only pay pro rata, as is seen by this fourth clause—the premium was 6l. 11d.—he promised to bring the policy back, but did not.
Cross-examined. He said he had insured in another office and should not want my policy—I said "You will have to pay me, I have already paid the premium and I cannot return the policy"—he said "You may do your best. and your worst, two policies are no use to me."
The Prisoner received a good character.
GUILTY.Recommended to mercy by Jury on account of his youth and character. — Seven Years Penal Servitude.
OLD COURT—Friday, October 27th, 1876.
Before Mr. Justice I ash.
514. EDWARD DILWORTH was indicted for unlawfully intimidating Walter Baxter with a view to compel him to abstain from working. Other counts-for watching and besetting the house where Baxter worked with a like intent.
WALTER BAXTER . I did live at 40, Ash Grove, I now live at 20, Bonner's Row—I am a boot finisher, and work for Mr. Ayres, of 343, Hackney Road—on Monday afternoon, 18th September, about 3.30, I was coming out of Mr. Ayres' shop and saw Dilworth standing outside; the shop goes back with a garden, I suppose he must have been about 18 yards from the shop, on the pavement—I had never seen him before—he said "Shopmate, do you know that the shop is on strike"—I said "No, I was not aware of that"—he said "Are you going to work for Mr. Ayres"—I said "Yes, if the work and if the price suits me, I shall work for Mr. Ayres"—I had done a sample pair for Mr. Ayres, and they suited him and the price suited
me, and I had brought the work out—nothing more passed then, I went away—I saw him again in the evening, outside Mr. Ayres' premises, in the same place, about 7.30 or 7.40, I was going home from Mr. Ayres' shop, where I had gone about, an hour before—I had gone the same way to the shop, and he was then in the same place, he did not speak to me then-as I came out he said "Well, shop mate, are you going to continue to work for Mr. Ayres"—I said "Yes"—he said "If you continue to work for Mr. Ayres we shall reckon you as a b——scab on the shop"—there were two other men with him, I don't know their names; I had never seen them before—that was all that passed that evening; I made no answer to him—on the afternoon of that same day there were three men with Dilworth, and they asked me if I would go in the public-house and have a drop of ale—that was when I first saw him, they were strange men, they were two different men that were with him in the evening—I went and had a glass of ale with the three men, Dilworth remained behind, they tried to persuade me to join "the trade"—I did not join it, I told them that I did not care about being in the trade, I mean the Trade Union—they asked me if I would join it if they gave me a shilling a day so long as the shop was on strike, but I could not afford to lose my time for that, I refused—on the inert day Tuesday, the 19th, between 11.30 and 12 o'clock, I went to Mr. Ayres for some work, and as I came outside I saw Dilworth—he said "What are you going to do with that workshop mate"—I had some work in my hand—I said "I am going to take it home and finish it"—he said "Well, you ought to be d—well ashamed of yourself, if I see you with any more work I shall break your b——arm"—I walked on, and did not say nothing—Mr. Morgan, Mr. Ayres, manager, was by at that time, his trap was waiting outside, and he was just getting up in the trap, and he came up and said to Dilworth "You must be careful of what you are saving"—I don't know whether Dilworth made any answer, I went away, I did not stop, and Mr. Morgan saw me home to Ashgrove with my work, to see that it was all right-at the first interview on the Monday, Dilworth said to me "I know where you live, you live at 40, Ashgrove, I shall send Mr. Richardson, the secretary round to you"—I believe Richardson is the secretary of the Trade Union, or represents himself so—I was really afraid after all this—I changed from 40, Ashgrove, to other lodgings, I left Ashgrove, on the 25th, on account of the man where I was sitting to finish my work on the Monday morning, taking all my work back, and I had nowhere to finish my work, and altogether it upset me—it was not my lodging, I never lodged there, I only sat there to work, and the man said he would not allow me to sit there because I was at work for a shop that was on strike—I had paid him for being allowed to work there—I have been, working for Mr. Ayres, ever since, I send for my work; it is a usual thing to send for it, I never worked in his shop, I always brought the work home—sometimes Mr. Ayres sends my money, and sometimes I send for it.
Cross-examined. It was on Tuesday, the 19th, that he said he would break my arm—there was no one present then besides him and Mr. Morgan—I only had one interview on the Tuesday, it was on the Monday, that I saw him twice—(Charles Atkins called in)—I have not seen that man before that I am aware of; I might have seen him—I don't remember seeing him at all on the Tuesday, I would not swear that he was not present further on, he might have been further up the street, I could not see him—I only knew Mr. Ayres, on Monday, the 18th, that was the first day he employed
me—I did not know on the Monday evening, that the shop was on strike, I knew it after Dilworth told me, not before; I saw bills in the—window "finishers wanted," and I went in—I told Mr. Beard, the solicitor, before I took out the summons, about hill worth saying he would break my arm; I told him the same day that I took out the summons, I went to him to employ him—it is a mistake that I said before the Magistrate that I had not even told Mr. Beard; I was caught up rather too sharp—Mr. Beard was the only person I told my story to before I took proceedings—I told nobody else of it before I went to Mr. Beard—these proceedings were taken entirely on my own account—I told Mr. Ayres about the insult I had from Dilworth, I told him on the Monday evening when I went back—I also told him about the Tuesday matter—I did not tell him all that took place, I only told him that I had been insulted by Mr. Dilworth and I was afraid to work on his shop, and he said "Well, the only thing you can do is to draw out a summons against him for his threats"—I did not take out the summons at Mr. Ayres' suggestion, I took it out of my own suggestion—I told nobody else but Mr. Beard before taking out the summons—Mr. Ayres told me where Mr. Beard lived; he said he knew a solicitor and told me where he lived; I did not know Mr. Beard Mr. Morgan went with me to him, because he knew him—I believe Mr. Ayres sent him—I said before the Magistrate "I was paid on 23rd September "—there was something owing to me on the 25th,—there was a back account, it was more than 8d., it was 4s., I have been paid the 4s. on Monday, the 25th—the summons was taken out on Wednesday, the 20th, I believe, it was a warrant, there was a summons first—I said before the Magistrate "When I spoke to Mr. Ayres it was only between ourselves, not on this affair"—after I took out the summons, Mr. Ayres asked me if I had found Dilworth yet and I told him "No;" that was the only thing we spoke about—I said "I had not spoken to any one about what had taken place before I went to Mr. Beard," that was when I was cross-examined, they meant had I been speaking on the same day I was cross-examined at the Court, and I said "No" that was what I understood—I had not been told by Mr. Beard or anybody else what I was going to say at the police-court—I told Mr. Ayres that Mr. Dilworth had been saying something to me and he advised me to draw a summons, nobody else told me to do so—I told the Magistrate "Mr. Morgan told me to draw a summons for the defendant's threats, and I drawed one and went to Mr. Beard's Mr. Ayres did not send me to Mr. Beard and he is not paying Mr. Beard, I am paying Mr. Beard out of my earnings—Mr. Ayres spoke to Mr. Morgan about it and Mr. Morgan was speaking to Mr. Ayres on the same thing—I have been in London seven years next May—I have worked for Mr. Branch, Mr. Pearce, and Mr. Sutton about six months back, they are different firms—I worked for Mr. Sutton twice, the last time was about March, 1876—I worked for him about four or five months, that was when I last worked for him—I think the latter end of March, I can't remember exactly when I went to work for him; I think it was about March when I left-between then and my going to Mr. Ayres I worked for Mr. Eichardson in Cambridge Heath Road, that was the fore part of last winter, before I went to Mr. Sutton—I worked for Mr. Branch in Ash Grove before I went to Mr. Ayres—the reason I left Mr. Sutton was because he could not employ a finisher always, only a few pairs now and then; we left on the same terms before, because he could not employ me always—I was asked before the Magistrate if I had illegally pawned Mr.
Sutton's goods and I said "Yes", I was guilty of it—I worked twice for Mr-Branch, after March and before Christmas—I illegally pawned there and also at Mr. Pearce's; the reason I pledged them was because Mr. Pearce made me pay for some boots and likewise he owed me some money; he has never I paid me—I think the goods are in pawn now, but the manufacturers can't claim them now, because it is over six months—I worked for Mr. Moore, not for Mr. Pearce, that was in August this year, I think—I pawned Mr. Moore's work illegally, but he gave me work after that; all the three of them employed me afterwards.
Re-examined. I believe Mr. Abbott cross-examined me at the police-court and Mr. Richardson, the secretary, was sitting by him—I meant to deny that anybody had told me what to say—I told Mr. Ayres and Mr. Morgan what had happened and they told me to go to Mr. Beard and take out a summons.
JOSEPH MORGAN . I live in Chapter House Terrace, Kennington Park, and am manager to Mr. Ayres—on Tuesday, 19th September, between 11 and 12 o'clock I was leaving Mr. Ayres' premises to get into the trap to go about my business—Baxter was in front of me some 2 or 3 yards—the house lies back from the street with railings in front; I was following Baxter out to get into my trap and saw Dilworth stop Baxter—as I got into the trap I heard him say "What have you got there?"—he said "I have work"—he said "Are you going to do it?"—he said "I am"—he said "If you do you are a d——d scamp," or "scab," I would not be positive of the word, I think it was "scamp," "and if you take out any more work I will break your b——arm"—I got out of the trap, went over to Dilworth, and told him I had overheard his threats and he had better be careful, or he would get in for it—I then told Baxter not to be in fear, as I would see him home with his work, and I did so—Dilworth still remained there—I had not seen him near the premises—before—I think he was there for a fortnight afterwards, hanging about the premises in the same form that he was then—I saw him every day for that fortnight, hanging about the premises and frequently stopping persons going to and fro to work—I have watched that from the window and also from the door, and I have stood at the window—opposite—I spoke to him about it then and afterwards—he was sometimes alone and sometimes in company with others, more frequently alone—Mr. Ayres' shop was on strike all this time, from this class of men—I was coming out of Mr. Ayres' premises to go about my business for the day, I am representative as well as manager—I did not come in front of Baxter, I had no idea any one was there; I did not come out with him; there is one door for the men; I came out of the passage, out of the office, the trap was waiting for me at the door.
Cross-examined. Dilworth did not know me that I am aware of, he had not worked at the shop to my knowledge—I have nothing to do personally with the work people, we have a foreman to do that—I have been with Mr. Ayres since last Christmas—I should say Dilworth spoke loud enough for we to hear him 15 yards off when he said he would break his b——arm, I should say he spoke quite loud enough for that-before I went to Mr. Ayres' I had a place of business of my own in the public line for three years; before that I was manager to Moore Kempton—I was with Mr. Rabbitt 17 years ago—I was manager to Cora Son five years ago—I sued 'them for my money and got it; I was not dismissed from there; they represented that they had so much money to carry on business, I found they
had not, that was why I left—there was a dispute when they refused to pay the money due to me, only that, we left on the best of terms—I did not leave Mr. Rabbitt's on the best of terms, I committed a wrong act for which I suffered; I have testimonials in my pocket that I have held very valuable positions since—I had stolen something, if you want it plainly and was sent to prison for it; and have led a respectable life since in every shape and form, and have handled thousands of pounds for Mr. Ayres.
By THE COURT. There was nobody near me and Dilworth and Baxter at the time this passed, not to my memory, nobody was talking to Dilworth, there was nobody directly in conversation, or near them, no more than passers by, nobody in conversation.
MR. HARRIS submitted that there was no evidence of watching and besetting the house, and that if each interview was taken separately, the words alleged to be used would not amount to an offence. Mr. Justice Lush considered it was for the Jury to determine whether the prisoner placed him self where he was for the purpose of intimidating the workmen; the whole case must be taken together he could not extract particular acts or expressions, but must leave it to the Jury as a whole.
Witness for the Defence.
CHARLES ATKINS . I am a bootmaker, and live at present at 40, Ann's Place—I have worked for Mr. Ayres—on 19th September I was outside his shop, I saw the prisoner and Baxter there, and Mr. Morgan at the same time—I saw Baxter come out first with some work under his arm, and Mr. Morgan came out afterwards, followed by young Mr. Ayres, and got into a pony and trap—I was standing by the side of Dilworth, I could see Morgan distinctly; I suppose I might be touching Dilworth—I had been walking up and down with him, I was in company with him—the only conversation I heard pass was "Shopmate," that was all Dilworth said to Baxter—he did not say "What have you got there"—I did not hear Baxter reply "I have got work," or Dilworth say "Are you going to do it"—I think I should have heard it if he had said it—I did not hear Baxter say I am Dilworth did not say "If you do you are a d—scab, and if you take out any more work I will break your b——arm "Morgan went into the trap, and when Dilworth said "Shopmate" he said "Don't insult him"—he said "I have not insulted him"—he said "Yes you have, and I shall have you"—he said that in the trap—I remained with Dilworth after that—I saw Baxter go up the road—Mr. Ayres was not there at this time; young Mr. Ayres had come out with Mr. Morgan, and he was inside the trap with Mr. Morgan at this time, he remained in the trap-since then I have measured the distance, and it is between 16 and 17 yards from where Dilworth was standing, I should not think any one in the trap could have heard what Dilworth said, not beyond the word "Shopmate"—I saw Mr. Morgan get into the trap, it was said when he was in the trap; he was in the trap all the time, he did not get out, he turned round and said "Don't insult him, I see you and I shall have you"—he sat in the trap all the time he said that, and as soon as he finished he drove off—I did not see him go with Baxter.
Cross-examined. I was close to Dilworth—I don't believe Mr. Morgan could hear what Dilworth said—I heard what Morgan said, because he sat in the trap and Dilworth had got back again—when Baxter came out with the work he walked up the road, we were marching up and down of course, the same as a picket should do—I measured the distance from Mr. Ayres'
gate where the trap stood to where Dilworth stood when he spoke—Mr. Richardson was with me when I measured the distance, he is the secretary of the tade—I am working for Mr. Gordon, of Goldsmith's Row—I am not employed as a picket, and have not been—I was not on picket that day; I was going to work—I have never been on picket at Mr. Ayres' shop—I work in Tuilleries Street at 9 o'clock that morning I was just coming out of doors, at 10 o'clock I was coming along the Hackney Road, going to work, I got there about 11 o'clock, I stopped there till dinner time, I believe—I have the privilege of going out and in—I cannot say whether I went out during that time—it was between 10 and 11 o'clock when I heard this conversation; I should think it would be nearer on 11 o'clock—I go to work sometimes at 11, sometimes at 12 o'clock—I am not bound to any specified time, I go when I like, as men with piece work do—I believe the trap was a two-wheeler, such as a dog-cart, and a brown pony—I call a scab, a man what goes in a shop and takes work out at reduction, when he knows the shop is on block; a man who takes lower work than the union—the union gives every member a book of rules—I have such a book; not here—I have read it once or twice.
JOSEPH MORGAN (re-called). I was in the trap when I first heard the one speak to the other—I got out of the trap and put my hand on Dilworth's shoulder and turned him round to me Baxter was with him, nobody else—I did not see Atkins there-nobody was with me in the trap, the horse required no holding, it had no attention paid to it, it stood there—I left the trap 3 or 4 yards off; no one was with me in the trap—I usually drive out alone; if I go out on a heavy day, then I take a lad—Mr. Ayres' son seldom goes with me, if he has any business to do I take him and, drop him down, or Mr. Ayres either, but not usually—I say positively he was not with, me that morning; I went home with Baxter, 'I drove by the side of the pavement while he walked—I never lost sight of him until I lodged him at Ash Grove.
WALTER BAXTER (re-called). Nobody. was in the trap when I first saw Mr. Morgan with it; he got into it; I don't think there was anybody with him, he got out and went into Mr; Ayres' on business, I believe, and when I came out with the work on my arm he came out after me and got up in the trap—he got out when he said to Dilworth "You must be careful what you are saying"—I should not think he was more than 3 yards from me when he said that—I don't think there was anybody in the trap with him, my attention was drawn to my work—he went home with me, I walked on the pavement down the Hackney Road, and he was in the trap and walked the pony at a slow pace—when he saw me home to the bottom of Hackney Road young Mr. Ayres was in the trap, but I don't know whether he was in the trap when it was standing outside Mr. Ayres' shop—it was after this took place that I saw him at the bottom of the Hackney Road-young Mr. Ayres was in the trap with him when he saw me home, I don't think he was when he got out to speak to Dilworth, I did not see him in there then, I did afterwards when he accompanied me home-to the best of my knowledge I did not see him when Mr. Morgan came up to Dilworth and told him to be careful.
JOSEPH MORGAN (re-called). No one was in the trap with me when I got out—I cannot refresh my memory whether I met young Mr. Ayres as I accompanied Baxter home, but I am positive there was nobody in the trap when this conversation was going on; I would not undertake to swear whether.
YOUNG MR. Ayres was in the trap as I accompanied Baxter home, he might have got into the trap, but I am positive he was not in it when I was at the door, or when I started to accompany Baxter home.
WILLIAM ROBERT AYRES (examined by the Court). On Tuesday, 19th September, I remember hearing that one of our workpeople had been molested—I was not in the trap with Mr. Morgan that morning, not at any time that morning to my knowledge; I don't recollect, I may have been in the trap by myself, but I don't recollect being in it with Morgan that morning—I was not present when any conversation passed between Dilworth and Baxter outside our premises, I believe I was standing at the door when Morgan went up to them; I did not hear anything that passed, they were too far away from me; the house stands a long way back; they seemed rather angry, having words, I thought, but what passed I did not hear—I don't remember whether I afterwards got into the trap when Morgan drove away—I believe he got out of the trap and spoke to Dilworth; I should think I was about 10 feet from them, I was standing on the threshold of the door, and there is a bit of garden in front and there are railings; I did not hear anything that was said—I am in and out of the trap all day long, sometimes a dozen times a day, sometimes with Morgan and sometimes by myself—I was in the trap that day two or three times alone, it may have been before or after Morgan came back; I was in it early in the morning and in the after part of the day; we both use the trap and my father also—the distance from the shop to the footpath may be 20 feet—I was about 10 feet from the railings, but I daresay 15 or 20 feet from where they were—I have not measured the distance.
GUILTY.Strongly recommended to mercy by the Jury, thinking he had been badly advised One Month's Im-prisonmeht.
SIMON LEX I am a German, I, live at 32, Oval, Hackney Road, and am a boot finisher in the employ of Mr. Ayres—I was in his employ on 21st of last month; between 5 and 6 o'clock that evening, I left my home, I was going to Mr. Ayers shop to take out some more work-as I was passing three doors from my house I saw Richardson standing at a gate—I had seen him twice beford in Mr. Ayers shop—I don't know whether he was working for Mr. Ayers, I had never spoken to him before this night—he said to me "If you go in shop at Mr. Ayres and take out some more work I will kill you"—I said "I must see to get my living, I am not in the society, I can work for any shop I like"—he said "Of course, when any shop is in the strike, you can't work in the strike"—I then went home, I did not go in the shop any more, I was frightened—I worked for Mr. Ayers after that but I did not go in shop, he sent me some work which I did at home and he sent for it—I was paid by Mr. Ayres, I sent a lad for it; I live about 10 or 15 minutes walk from Mr. Ayres-before the strike I went to the shop myself every Saturday and got my wages; I can't tell for certain how many times I saw Richardson after this—I think I only saw him twice in another street—when I was going out from my house I had a man with me, because I was frightened to go by myself—I did not know that Richardson belonged to the union at the time he spoke to me.
Cross-examined. I have been in this country three years-Richardson was the man who spoke to me—I had only seen him twice before 21st September, I did not speak to him—I don't know whether he was in Mr. Ayres' employment—I can't say how long before 21st September it was that I saw him—I dare say it was two months or a month, it is not so long as nine months ago, it was before Christmas, not after—the last time was three or four weeks before 21st September—I did not speak to him on the Friday after, I was with my friend who was coming from the shop—I did not shake hands with him—Mr. Ayres advised me to take out a summons; it was not very dark or very light—it was in the Oval, it took a very short time.
Re-examined. Of course I know him, I have not the least doubt he is the man that spoke to me—I had my basket and was going in the shop with my work.
WILLIAM AYRES . I am a boot and shoemaker, of 343, Hackney Road—on 21st September, the witness Lex, was in my employment, I can't recollect giving him out some work that morning, he had been working for me some time, I should think about eighteen months—he always fetched his work up to this bother, he brought it home and took it out as a rule, fetched his wages himself, up to five or six weeks ago, up to about 21st September; I do not remember whether he came to fetch his work on the evening of the 21st—he came on Friday or Saturday, I wont be sure which, and made a complaint to me-since then his work has been taken to him and fetched away, and his money sent to him.
Cross-examined. I think this letter (produced) is my son's writing, I believe it to be his, I have never seen it before—my son is here, I know a man named Matthews, I have known him two or three days from this date, I heard that he was engaged in a strike case some months ago, he came and told me—the is not a witness in this case, if he is, it is to describe the picketing that is still going on—why this paper was written out I don't know-no interview took place between me and the witnesses in these, two cases in my drawing-room this morning-Matthews came to my place this morning, and said "You are being served very badly"—I said "If you are wanted will you prove the picketing that is still going on"—he said Yes," and I have not seen him since Lex was there, but he did not hear what was said, and Morgan was there—there was reaily no meeting, I did not sit in my drawing-room, and I had no conversation with any of them particularly—I was in my drawing-room this morning, and Lex, Morgan, Matthews, and my son were there—this paper was not shown by me to Matthews, I saw nothing shown—I believe Richardson, is secretary to the Bootmakers' Union, Matthews was only to prove the picketing that is still going on—the 21st. September, was not spoken of in my hearing, nor the time, between 5 and 6 o'clock, nor were the words mentioned "If you take any more work I will kill you."
Re-examined. The picketing is still going on more strongly than ever, and has been going on for six weeks, interfering with my workpeople, I shall be ruined if it goes on—I have seen Richardson come in the morning several times, and he seemed to tell the man what to do for his day's work, and then go away; I have seen him with the man half an hour in the morning, and then the man has paraded in front of my place all the day; there has only been one man at a time picketing, then there was a relief, they parade up and down two houses past my house' this way, and two
houses that way, and if anyone is coming in they stop them, no matter who it may be, if it is a work person especially, then they say "Do you know that shop is on strike."
JOSEPH MORGAN . I know Mr. Beard, the solicitor, the complainant seat a letter to Mr. Ayres, and made some communication to him and me, with reference to Matthews, in consequence of which I went and saw Matthews.
WILLIAM AYRES (re-examined). The prisoner worked for me about nine or ten months back, not since, I think—he has been to my shop since, on two or three occasions while Lex was in my employ, I think he was there about six weeks ago—I had between 200 and 300 men in my shop, now I have not much above 100-at the time Richardson was there, I had about 180 hands.
GUILTY Two Months' Imprisonment.
NEW COURT.—Friday, October 27th, 1876.
Before Mr. Justice Denman.
GUILTY — Twelve Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
MR. READ conducted the Prosecution.
ALFRED WILLIAM HICKS . I am a cab proprietor, of Leyton—on 14th October I went to the Grenadier to pay some money to my son's club—I there saw the prisoner—he left shortly after my entrance, and when I went out I missed my whip, which cost 5s.—I received information on Monday that the prisoner had sold the whip to Mr. Radley, for 18d.—I went there and identified it; this is it (produced)—I informed the police, and the prisoner was taken—I have seen him in the neighbourhood and he knew me.
Cross-examined by the Prisoner. You said that you should only get 6d. by it.
WILLIAM WALLACE (Policeman N 168). On 17th September I stopped the prisoner at 9.20 and asked him if his name was Bacon, he said "Yes"—I said that I should take him in charge for stealing a whip on the 14th of Mr. Hicks—he said "I know nothing of the whip, Mr. Hicks knows that I was in the Grenadier public-house at the same time that he was"
The Prisoner's statement before the Magistrate. "I am not guilty, and wish the case sent for trial."
Prisoner's Defence. I picked up the whip and did not know whose it was, it was dayight, and if anybody had said that they had lost it I should have given up it to them. Mr. Radley said "What do you want for that whip, Bacon?"I said "18d., it is no value to me," and I let him. have it. I worked for him.
Reuben Radley (re-examined). He worked for me on the Monday morning.
NOT GUILTY .
MR. DALTON conducted the Prosecution.
EDWARD BALDOCK . I live at 7, Abbey Street, West Ham—on 21st September, at 6.45 a.m. I left the prisoner at my house, I had arranged with him to come to lodge with me—when I came home I missed a coat, waistcoat, and trousers, value three guineas, which I had seen safe in a box, in the front parlour, the night before—these are them (produced).
Cross-examined by the Prisoner. You and I went to the theatre together on 20th September, I picked up a prostitute, we all three went to a beer-house, and then walked with her to the turning of Robin Hood Lane—I did not want to take her home—I did not say that I had got no money; I had money in my pocket—I did not leave my purse on the window ledge—I did not tell you to meet the prostitute next morning at the top of Robin Hood Lane—I said that I had to go to work at 7 a.m. on a tea ship—I had nothing to do with her, and did not want to see her again—I did not tell you to take your clothes and dispose of them for 10s., so that she could go home with me—I could not take anybody to my place.
Cross-examined. I did not give this evidence at Stratford on the 22nd, because I was not called—I paid a visit to you at the police-court—I did not say in the presence of an officer, that I knew nothing about the case, and was only saying what Baldock told me.
WALTER THOMAS BAKER . I am assistant to Mr. Walker, a pawnbroker, of West Ham—on 21st September, about 8.30 a.m., I took those things in pledge from the prisoner, and advanced 20s. on them—he gave the name of Griffiths, Brooks Read—I gave them to the constable on the 22nd.
WILLIAM MAJOR (Policeman). On 21st September, about 8.40, the prosecutor came to the station, and I went with him, to a public-house at Poplar, and found the prisoner, who said that he had pawned the clothes, and got them from Baldock.
The Prisoner's Statement before the Magistrate. "On Wednesday evening last me and the prisoner went to the Albion Theatre together; he there picked up with a prostitute; we waited there till it was all over and then went into a public-house and had some beer. He. then wanted to know if she would accompany him home for the night, she said she would not, because he had no money. He then said "I can get you some money in the morning, "but she would not go with him. He told her then to meet me at 9 o'clock next morning at the top of Robin Hood Lane, that I should take his things to pawn and take her 10s., so as she and her son could get some things to go and live with him.
Prisoner's Defence. If I had stolen his clothes it is not likely I should have pledged them in my right name in a place where I was known, and I should not have gone to a beer-house where the prosecutor would come and find me. If he did not want me to take the things, why did he take me to his house. I acknowledge taking them to pledge, but it was with his consent.
NOT GUILTY .
Before Mr. Justice Denman.
GEORGE BRENCHLEY (Police Sergeant). I was present at the police-court when the charge was heard against the prisoner—Eliza Dorman was examined as a witness; her deposition was taken down and she put her mark to it in the prisoner's presence—the prisoner's attorney cross-examined her I afterwards saw her dead—I produce a certificate of her death.
Cross-examined. I heard the oath administered to her. (The deposition was read as follows:"Eliza Dorman smith. I reside at Mulgrave Place, widow. The deceased was my husband, John Dorman, aged fifty-eight years; a labourer. I was present at his death, which occurred at 9.20 p.m. yesterday, 2nd August, at Mulgrave Place. On Thursday night, 27th July last, the deceased was at home with me. John Gordon, who lodges in the house, was going out to fetch a pot of beer. I was sitting down on the doorsteps, and Gordon came prancing and dancing around me and pulling my dress, which I did not like. He put his foot against me and tumbled me down the steps. I got up and went in and told my husband what he had done, and I said to him (my husband) 'I might as well have no husband.' My husband got up and went into the passage. Gordon was there. I saw my husband thrown down by Gordon in the passage and Gordon standing over him. I helped my husband up and into his room. Gordon went out and shortly returned to our door. A tumbler was on the side table by the door. 'Gordon took up the tumbler and threw it with violence towards my husband, who sat in the chair about 3 yards off, and it struck him on the temple and the tumbler was broken. My husband neither spoke or moved, blood flowed from my husband's head. Gordon went into his own room. The police came and took Gordon into custody. My husband followed to the station.
Cross-examined by MR. HUGHES. The deceased had been two days on the sick list, he was a strong man. Twelve months ago he had a fall and cut bis head; he had been drinking then. He had a fall four months ago; he had a slight scratch then. Gordon and deceased were the best of friends. Gordon and deceased had both been drinking on the 27th. They were both in the Royal Artillery service together. The deceased had I been twice out that day to the Queen public-house. A staff stick is kept in my room. The stick produced was thrown into the room. I did not tell my husband to go and knock Gordon's brain out. He remained in bed till his death, except for about two or three hours on Monday last when he went out. I said to Gordon before he died I would make it up, and so my hus-band did. After the injury my husband had no drink, no beer', he had three glasses of port wine in the five days; he had nothing to drink after his pension day. I did not strike my husband with a buckle. He was not subject to fits; he would fall occasionally and that would be from overflow of blood to the head. The mark of Eliza Dorman.
MR. WILLIAMS unshed deceased witness' deposition taken before the Coroner to be also put in; which the Court considered could not be done, the Coroner Inquisition being only an inquiry into the cause of death, and not a charge
against any person. Mr. Avory, however, assenting, the deposition teas put in, and stated substantially the same facts.
JOHN GEORGE CLARK . I am assistant to Dr. Sharp, divisional surgeon, of Woolwich—on 27th. July, I saw the deceased man at the station suffering from three wounds on the scalp, one above his right eye, one on his fore—head, one on the outer side of his right eye, and one near the occiput—I found no fracture, nor was he suffering from any symptoms which led me to suspect fracture—I dressed the wounds, and on August 1st, I was sent for and found him lying on the floor in a dangerous and unconscious state—I prescribed for him and saw him again next morning—he was still unconBcions except for two minutes when he said that he felt his head very bad—he died on 2nd August, and on 4th August I made a post-mortem and found a fracture of the skull and a large clot of blood on the surface of the brain-death was caused by pressure of the blood on the brain from the wound over the right eye—the skull was fractured there, and it was such a fracture as might be caused by a blunt instrument—the scalp Around there had been healed—he was recovering from the effects of drink when I first saw him.
Cross-examined. There were other bruises on his forehead which appeared to be quite recent—the fracture was not the result of the bruises—his liver was that of a man who had drank rather hard.
By THE COURT. There was no wound on the left temple—there was a bruise on the right temple which might have been made on 27th July—there was a small bruise on his right temple when I saw him on 27th July, but it was more forward—I do not-think the blow with the tumble did. cause the wound over the eye, it was a stabbing blow with a stick—I saw the tumbler, and I do not think any part of it would have caused it—I am quite clear that the death was caused by the blow over the right eye, and that it could not have been caused by the tumbler, and there is a possibility looking at the drunken character of the man that he might have inflicted. the wound on himself.
NOT GUILTY .
Before Robert Malcolm Kerr Esq.
520. JOHN BROWN (35), PLEADED GUILTY to burglariously breaking and entering the dwelling-house of Catherine Crapper, and stealing therein five shirts and other articles, her property— Twelve Months' Imprisonment.
MR. LLOYD conducted the Prosecution; and MR. READ the Defence.
ELLEN HIGGINS . I am the wife of Thomas Higgins, of Bermondsey—on 27th September, about 9.30 p.m., I served the prisoner with 1/4 lb. of cheese, he offered me a 5s. piece, I showed it to my husband and sent for a constable—the prisoner said that it was not bad, and he should like to have a bushel or sack of them, and that he bought a bushel of apples in Bethnel Green Road, and must have received it in change—my husband asked him what coin he gave, he said that he did not know—I gave it to the constable.
Cross-examined. I did not know him before—it was light, but it looked genuine—he stood at the door, but my husband kept him in conversation; he had no chance of running away.
EDWARD BROWNING (Policeman M 158.) I took the prisoner—he said that he got the coin of a woman whom he bought a pennyworth of apples—he gave his address in Princes Street, but he could not give the number—I found 1 1/2 d. on him.
Cross-examined. I found on enquiry that he does not sell apples—he assists his father in selling cat's meat.
The Prisoner's Statement before the Magistrate. "I was out selling apples came up and gave me the coin for a pennyworth of apples."
The Prisoner received a good character.
NOT GUILTY .
JOHN BARNES . I am a labourer, of 53, Mint Street, Borough—on 24th September I was with Mr. and Mrs. Butler in their first-floor front room, 5 Vine Yard, St. George's, and two other persons—we went in about 11.30 p.m.—we had about half a gallon of beer, and were thinking of going home, when a knock came to the door—I, being the nearest, got up to answer it, but just as I put my hand on it it was pushed violently open and a man's hand came in with some weapon—I gave way, and the prisoner stood over me with something in his right hand and struck me in my right eye—I said that I was hurt, and Mrs. Butler came and took a piece of a knife out of my eye—I gave the prisoner in custody—I bled—a good deal and taken to the hospital.
Cross-examined. I had only seen—the prisoner once before; I had had no quarrel with him—this was Sundry morning; I had been in a public-house five or six times till 9 p.m.—I was not drinking heavily, because I had a bad hand and I thought it would not do me good—I was reading the paper—I drank four pots of beer during the whole day; I was quite sober—I left at 9 o'clock and went to the Grapes; I was there half an hour and had two glasses of ale—I left at 11.30—I may have said before the Magistrate "I had just taken about as much as I could properly do with."
CATHERINE BUTLER . I am the wife of William Butler, of 5, Vine Yard—early on this Sunday morning my mother, my husband, and Mr. Barnes were in our room—the prisoner knocked at the door, Barnes went to open it, and the first stroke came against the wall—the prisoner pushed the door open and said "You b——s—, I mean killing one here," and struct Barnes in the eye—he said "I am stabbed"—I saw a knife in the prisoner's hand—I took this piece of a table knife out of Barnes' eye and gave it to the sergeant.
Cross-examined. The prisoner's brother made a stab first and ran off my name is not Hurley—I was bound over in the name of Harley to keep the peace, not by the prisoner's brother, but it was through him; he made a woman in court do it, and the Magistrate bound the two of us over, not on the complaint of the prosecutor's brother, but of some woman—I had six months from the police-court for being concerned in a robbery, but I was never there; I had to serve the time, but that is no reason I am to be murdered and killed—I have been sent to prison four times for assaults, some of which were upon the police.
WILLIAM BUTLER . I am living with the last witness—I am not her husband—I was in the room with her and her mother and two other persons between 12.30 and 1 o'clock on this night—the door was knocked open and a man made a rush and a stab, which is to be seen in the swains coating of our room, and the prisoner followed with a knife and stabbed the prosecutor 1. in the eye—I am confident he is the man; I had a good look at him—I saw the knife pulled out of Barnes' eye.
THOMAS EVANS . I am divisional surgeon, of police—on Sunday morning, 24th September, between 1 and 2 o'clock, I went to Barnes' and found a wound on his eyeball, about a quarter of an inch long, penetrating the external coats; it was bleeding—it might have been produced by this point of a knife—it was a serious wound on account of the consequences which might ensue—I do not think he has lost his sight, but he cannot see yet.
Cross-examined. I took the prisoner in custody in Red Cross Street about 1.20—he said that he knew nothing about it—I found nothing on him.
Witnesses for the Defence.
DANIEL TOONET . I am a labourer, of King Street, Borough—I know the prisoner—on Saturday, 24th September, I was with him at the Catherine Wheel—we came out together—at 8.30 and went to his mother's house in George Yard about 9 o'clock Polly Elliott came out of her mother's house with us and we went to the Rose and Crown and stopped there-from 10 till about 12 o'clock—we then went to Red Cross Court where we stood till the constable took him—he had never left my company since 8.30—I did not attend before the Magistrate.
MARY ELLIOTT . I was in the prisoner's company on this Saturday night, and he was taken in custody on the Sunday morning—I joined him and Tooney at about five minutes to 10 o'clock and was with them till shutting up time, and then we stood at the top of the court, and Kate Harley came up with something round her head and said "This is the man"—he had never left my company.
Cross-examined. I was not called before the Magistrate, though I was waiting to be called—the prisoner did not call me.
CHRISTIAN FREDIOKSEN (Policeman M 226). On Saturday night, 23rd September, I was on duty 10 till 6 o'clock—I saw the prisoner close after 12 o'clock at the corner of Redcross Street and Redcross Square with a man who I cannot identify, and the witness Elliott.
Cross-examined. As near as I can tell it was at 12.5, and when I came. round again at 12.45, he was taken in custody—I say that he was taken! before 1 o'clock.
Witnesses in reply.
THOMAS COMPTON (re-examined). I took him about 40 yards from the top of Redcross Court—I did not see Elliot with him. but I saw a woman about 500 yards off—I took him about 1.25—my brother constable is not quiet correct about the time.
By THE COURT. Butler came up to me with point of a knife in his finger and said "Sergeant, Patrick Sullivan and John Murry have been to my house and stabbed a man and he is very ill"—I went down Mint Street, to
one or two lodging-houses but could not find him—I saw about a dozen people coming down the road, I crossed the street and Butler said "That is the man"—the prisoner attempted to rush away but I caught him by the shoulder—he said, "Why don't you bring 40 or 50 more 1" meaning constables—I met Barnes going to have his one dressed and took him to the station.
NOT GUILTY .
Before Mr. Recorder.
MR. BESLEY, for the Prosecution, offered no evidence.
NOT GUILTY .
PLEADED GUILTY — Five Year's Penal Servitude.
528. JAMES CRESSWELL SPREADBURY (27) , Embezzling on the 23rd September 1s. 2d., and on the 28th September 8c? monies received by him for and on account of the London General Omnibus Company, his masters.
MR. MEAD conducted the Prosecution; and MR. CHARLES MATHEWS the Defence.
THOMAS GREET (Policeman T 294). On 23rd September, I rode by omnibus 1331, plying between Kennington Park and Charing Cross, the only rate of fare being 2d—I got inside at the Kennington Park Road, at 1.7, and got Out at Charing Cross-ten passengers rode inside, including myself—on the 28th of the same month I again rode by the same omnibus at 2.48 from Scotland Yard to Kennington Park, outside this time, and got down at The Cock Tavern, Kennington Road-three passengers road out side, including myself—on each of these occasions the prisoner was the conductor—I was in plain clothes, and rode as on ordinary passenger.
Cross-examined. I had nothing but my memory to rely on for making my notes, which were made immediately after I left the omnibus.
WILLIAM MABTIN (Detective Officer S). On the 23rd September I rode outside the omnibus No. 1331 from Kennington to Charing Cross, getting up in the Kennington Road, at 1.10—seven passengers rode outside, including myself—I rode again on the 28th September from Charing Cross, inside, getting in at Charing Cross at 2.47, and got out at the Kennington Road-five passengers rode inside, including myself—on each of these occasions the prisoner was the conductor—I paid my fare as an ordinary passenger, and was in plain clothes.
RICHARD BEESON (Detective Officer S). On the 28th September I rode by omnibus No. 1331, outside, getting up at the Vestry Hall, Kennington Road, at 2.25 p.m., and got down at Parliament Street-three passengers rode outside, including myself—the prisoner was the conductor—I paid my fare as an ordinary passenger, and was in plain clothes.
JOSEPH Bassett (Policeman T 663). On the 28th September I rode by the omnibus No. 1331, inside, to Kennington Park—I got in at 11.22 at the Horse Guards—I also rode from Kennington Park at 2.22, getting out at Charing Cross at 2.42-five passengers rode inside, including myself—the prisoner was the conductor—I was in plain clothes, and paid my fare as ah ordinary passenger.
HERBEBT CORNISH Poole. I am a clerk in the employ of the London General Omnibus Company, at the Kennington office—the Kennington and
Charing Cross route is under my superintendence the prisoner was a conductor in the company's employ to omnibus No. 1331—he, with other conductors, was supplied with way—bills for the journeys he had to perform during the day, on which it is his duty to enter each fare as it is paid—he was also supplied with total bills, on which he had to carry out the amount, of the way-bills—he Ought to leave a way-bill at' the office at the end of each journey, and the total one, with the gross amount of earnings, the next morning—I produce the way-bills for the 23rd September, the sixth journey from Kennington Park, at about 1 o'clock it shows 10 passengers, 1s. 8d.—it is correctly carried over on the other side for the return journey, and the total amount of the way-bill, 4s. id. is correctly, carried on to the. total, bill for the whole day, which is 2l. 19s. 10d.—he passed it in as 2l. 17s. 10d. first, a mistake in addition, and then paid the 2s. after—I produce a way-bill for the 28th September, the seventh journey from Kennington, 2.22, six passengers 1s.—that is correctly carried; over oil the other side-journey from Charing Cross to Kennington, 2.47, eight passengers, 1s., total 2s. which is correctly carried on to the total bill 2l. 10s.—he only paid in 2l. 9s. 8d., but he paid the other 4d.; afterwards.
Cross-examined. The mistake of 2s. on the 23rd was in adding up the total—it should have been 2l. 19s. 10s. according to the passengers he returned—he paid 2s. after, as "also the mistake of. on the 22 th—it seined in that case that he did not carry the number of passengers out right—he has got down 3s. 6d., and it. should. be 3s. 10d. the number of twopences did not accord with the number of passengers—it was a very obvious error and one easily checked—other persons travelling by omnibus with free passes would have to produce them—there were no free passes returned-a person would be entitled to ride with a free pass on producing it and satisfying the conductor that he was the holder of it, the conductor tailing the number of it—I am a free passenger as an official, but they put my number down—the conductor would enter the fact that a free pass had been shown to him and enter the number of it—in the case of one of my own omnibuses the conductor would put my name own as being a free passenger—the prisoner was taken. on by the company, on the 12th September—I believe he came to us with a fifteen months' testimonial from the Boulinikori floor Cloth Company—in the ordinary course the prisoner would at the end of each double journey slip the way bill into the box provided for that, purpose—there are fourteen through journey's each day-twenty-eight in all, so there would be fourteen way-bills returned—he would make up the total bill on the day of the return of the way-bills, or he might do it the next morning before he came to the office, and give it in the parcel with his money with the number of passengers he carried during the day, each journey separately.
Re-examined. They carry a-book with them, so "that before putting the way-bill in the" box they would enter the amount in their own book.
By THE COURT. There is no compulsion for them to do so—it is a penny memorandum-book of their own-each conductor is provided with a book of rules—I take their signature and they have a caution. (15th rule read: "It must be distinctly understood that every person who travels by this. omnibus, no matter who it may "be, must be entered on the way-bill either as a paying or free passenger, and any conductor failing in this will subject himself to immediate dismissal, even if no fraud be intended or committed.") The conductor of the busses I am over put "Mr. Poole"—if I go off' my route I give the number of my pass.
By THE COURT. The object of their having a book, is that they shall not keep their way-bills all day, but put them in at the end of each journey.
WILLIAM MARTIN (re-examined). I took the prisoner into custody—I said "You have been charged with embezzling various sums of money belonging to your employers, the London General Omnibus Company"—he said "Have you been put specially on to me?"—I said "Yes"—he said "I don't see why you should have me more than any of the rest, I suppose it is because I am a little more respectable than they."
H. C. POOLS (re-examined). When I discover an error in the figures I send for the men and wait till they come and show them—the number of my pass is 126—I have never seen more than three passes since I have been, there; I have not had more than half a dozen free passes in a week returned and ran all of them—there are eleven omnibus on that route, I was speaking of City ones and all.
GUILTY.Strongly recommended to mercy on account of his previous good character — Six Months' Imprisonment.
There was another indictment on which no evidence was offered.
ADJOURNED TO MONDAY, 20TH NOVEMBER 1876.