CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD MAY 7TH, 1877.
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.
SESSIONS VII TO XII.
STEVENS & SONS, 119, CHANCERY LANE.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 7th, 1877, and following days,
BEFORE THE RIGHT HON. SIR THOMAS WHITE , KNT., LORD MAYOR of the City of London; The Hon. GEORGE DENMAN , and The Hon. Sir HENRY CHARLES LOPES , Knt., two of the Justices of the Common Pleas Division of Her Majesty's High Court of Judicature; THOMAS QUESTED FINNIS, Esq., WILLIAM LAWRENCE , Esq., WILLIAM FERNELEY ALLEN, Esq., Sir JAMES CLARKE LAWRENCE , Bart., M.P., and Sir ANDREW LUSK , Bart., M.P., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; Sir CHARLES WHETHAM Knt., HENRY EDMUND KNIGHT , Esq., JAMES FIGGINS , Esq., and GEORGE SWAN NOTTAGE , Esq., other of the Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
WILLIAM QUARTERMAINE EAST, Esq.,
CENTRAL CRIMINAL COURT.
WHITE, MAYOR. SEVENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
NEW COURT.—Monday, May 7th, 1877.
Before Mr. Recorder.
MR. BESLEY conducted the Prosecution; and MR. FRITH the Defence.
WILLIAM MURPHY . I and my little sister Louisa, lived with my mother, the prisoner, at 31, Wellesley Street, Somers Town—on the Thursday before I went to the police-court, my mother came home and beat me with her hand, because I was asleep, and threw me up against the door—she then told me to go into the bed-room; she then undressed me and told me to go into bed—I lost a scapula that she had put round my neck and she put the poker in the fire and told me to undress, I did undress and she took the poker out and held my hand and commenced to turn me—she burnt me on the neck and sides, and on my back and arm—the poker was red when she put it on my arm—it ceased to be red whilst she was doing it, but it was hot, it hurt me—it was late at night when this occurred—three days afterwards I was seated on the door-step, and Mrs. Hazlehurst spoke to me and took me into her room, and afterwards to the police-station—this is the poker (produced).
Cross-examined. I am nine years old, Mrs. Hazlehurst has not been telling me what to say to-day—I was living with her three days—my mother was out all day, I was left at home—there are only three rooms in the house, the lodgers underneath had gone away, there were only the people in the parlour; I have known my mother put the poker in the fire' to raise it and get it up again—she did not boil the kettle for tea when I went to bed, she usually beat me with her hand; when she was angry she would beat me with the broom—I had enough to eat and drink—when she was sober, she was pretty kind to me—she had complained to me about taking things, and had beaten me for it—she complained to me that day, before she beat me; she was very drunk.
Re-examined. The poker was in the fender, and my mother put it in the fire and took it out red hot—when she beat me with the broom it hurt me.
SARAH HAZLEHURST . I live at 25, Lancing Street, Somers Town, near Wellesley Street—on Tuesday, 20th March, I saw the little boy on the—or step, trembling with cold—I asked him what was the matter, and I
took him inside and examined him, and found on him both burns and bruises; I spoke to the police and he was taken to the workhouse.
FREDERICK EDWARD WOODWARD . I am a surgeon of 1, Oakley Square—on Thursday, 22nd March, I saw the boy at the Pratt Street station—he was suffering from severe injuries in various parts of the body and the upper extremities, he appeared to be in pain and was crying; I found numerous marks of burns on him, about twenty at least, they were such as would be made by this poker made hot, they were serious, they destroyed the whole depth of the skin and were ulcerated—the worst were across the bend of the left elbow, also across the arm at the back of the shoulders five or six across the abdomen, and as many across the buttock, especially the right buttock where the poker or something similar had been laid across—he was taken at once to the Infirmary.
Cross-examined. The child was not badly nourished, he did not appear to be in want of foed—he did not look so well then as he does now.
JOSEPH HILL . I was medical officer of St. Pancras Workhouse—on 22nd March, I examined the boy—there were marks of severe burns on his upper extremities and across the chest—the tissue of the skin was destroyed and ulcerated—they were of such a character as might be produced by a poker made red hot; they were dangerous to health, he was under my care until the 17th April—at first he suffered very much pain, he was Compelled to be kept in bed.
JOHN TAYLOR (Policeman XR 46). On 22nd March, about 3 o'clock, I followed the prisoner from Seymour Street, to 31, Wellesley Street—I told her I was going to take her into custody for cruelly ill-using her children and beating them with a red hot poker with intent to do them grievous bodily harm—she said "I know I have been cruel to them, I am very sorry for it, he is a bad boy, he stole a shilling out of the cup, I bought a pound of potatoes yesterday and cooked them, and they never left one"—on the road to the station she said "I don't care as long as I can get rid of them"—she afterwards said "I should not have done it if I had not been drinking the poker was in the fire and I took it out and struck him with it."
Cross-examined. She did not appear under the influence of drink when I took her, the Magistrate committed her to the Middlesex Sessions for the misdemeanor of unlawfully wounding, the society took it up and bills were preferred and found for felony, and the case was sent here.
FLORENCE RENNISON . I am the wife of Charles Rennison, we occupied the parlour at 31, Wellesley Street, the prisoner lived upstairs—I have heard the boy crying, and heard him say "You burn me more than you do Louey mother.
Cross-examined. I did not complain to the prisoner of the boy having stolen something; I said something about the little girl being downstairs, I believe the prisoner is a very hasty woman, I did not know much of her.
WILLIAM MURPHY . My sister Louisa is two years younger than me—one evening, two or three days before Mrs. Hazlehurst found me on the doorstep step my mother came home, the poker was in the fender, she put it in the, fire, burnt us, she burnt my sister with the poker, she held it in her hand and put it on her: she cried, she was dressed, she burnt her shoulders
and hand—she made her undress then, mother was making the poker hot while she undressed, and then she burnt her on her back; she cried, she was standing up at the time—Mrs. Hazlehurst afterwards took me to the police-station, and I and my sister were seen by a surgeon.
Cross-examined. My mother had complained about my breaking a door open, and that my sister had helped me do it—she said she would beat us—she was very drunk at this time—there was no kettle on the fire when she put the poker in—mother used to beat my sister with the broom and break it over her—we did not make any complaint to anybody till Mrs. Hazlehurst spoke to me—it is true that I had broken open a door—with the poker; that was very naughty of me, it is true that I stole a shilling, my sister told me it was hers—mother usually beat us with her hand, and when very angry she used the broom; I said before the Magistrate that she beat my sister with the poker, I did not say that she put it on her, this is the first time I have said so—I was told at the police-court to tell all the truth, the Magistrate put a number of questions to me—it is not true that she put the poker on my sister, she hit her with it—she broke the broom on me as well as on my sister—she beat me for stealing, three or four times, it was my mother's door we broke open, it was not to steal anything, it was to get in because she did not come home—I have not stolen anything from the people in the house, only from my mother—my sister stole a turnip downstairs, that was on another day.
Re-examined. Mother hit my sister five times with the poker at the same time she burnt me; she did it twice when she was dressed, and three times more when she was undressed.
By THE JURY. After she hit me with the hot poker, she put it in the fire again before she hit my sister—we have a father, he has been away a long time, I can't tell how long.
JOHN TAYLOR (Policeman XR 46). The prisoner told me that her' husband was dead—I showed her the poker which I found in the back-room, and she said "That was what I done it with, it was in the fire and I took it out and struck them with it."
FREDERICK EDWARD WOODWARD . I examined the children—the little girl appeared to be in pain, I had her undressed—I found a very severe ulcerated burn, involving the front of the armpit, across the chest; there were four or five nearly as severe across the right buttock, she also had a burn on the back of the hand, and there were numerous discolourations of old bruises across the lower part of the back, they were such injuries as might be caused by a hot poker—I sent the children to the Infirmary.
Cross-examined. The girl was fairly nourished—she did not complain to me of want of wood.
JOSEPH HILL . I am medical officer of St. Pancras—the two children were under my care for sometime, the girl's health was suffering in consequence of the burns—she was kept in bed at the Infirmary and treated—the tissue of the skin was destroyed and ulceration was set up.
SUSANNAH DIGGERDON . I lived at 8, Gloucester Street, Queen's Square—about Whitsuntide, 1876, when the prisoner was living with her two children—I have several times spoken to her about her conduct to them, and of the screams of the boy—I did not call her attention to the girl, the screams were so dreadful—I could not tell which it was.
room and saw them crouched up in a corner, partly on a bed; I had heard them scream for hours—I smelt a smell like the burning of human hair—I demonstrated with the prisoner—she said it was no business of mine.
Cross-examined. The children never made any complaint to me.
MARY BOYD . I was living at 11, Nassau Street, in July, while the prisoner was there—my attention was called to the children—one night I leard the boy say "Oh, mother, pray don't"—I did not go in—I told her if she did it again I would pull her head off—I heard screams.
WILLIAM LOVELL . I live at 65, Bolsover Street—the prisoner lodged here from September to January—I saw the little girl on several occasions—the prisoner used to come home between 12 and 1 o'clock at night—I old her if she ill-used the children so she would kill them, and if she did should be one against her—she turned them out at 12.30 at night on the old stones, naked, night after night, when she came home.
SOPHIA ORIBAR . I am the wife of William Oribar—I lived at 8, Gloucester Street, Queen Square, about Whitsuntide, 1876—I have heard be children screaming several times—one night at 11.30 I went up and asked the prisoner to be quiet—she Said if I did not go downstairs she could wring my neck—I went down.
GUILTY — Seven Years' Penal Servitude.
MR. METCALFE, Q.C., and MR. SLADS conducted the Prosecution; and MR. WILDEY WRIGHT the Defence.
CHARLES JAMES STEVENS I am a travelling clerk in the missing letter Department of the General Post-office—in April last I was directed to make an investigation as to the loss of certain letters—on the 25th April I made up a test letter in which I enclosed 206 penny postage stamps—I addressed it to Mrs. E. Thompson, 126, Pentonville Road, London—I posted it at the northern district office, at 7.15, in the evening—I drew the attention of Mr. Carman, the inspector, to it—at 9.30 I went to 126, pentonville Road and enquired of Mrs. Thompson, who answered the door, and she brought me another letter which she had received—I afterwards saw the prisoner in uniform going on with his delivery, and after that I saw him go into a public-house in Henrietta Street, Brunswick Square, where he remained about fifteen minutes—he then went into No. 19, and about a quarter of an hour came out in private clothes and went again to the public-house—I went into another compartment of the bar and w him with another man—he then came out and walked down the street and pareyed with another man in Compton Street for about twenty minutes he then re-crossed the street and went towards Cockburn Street, where stopped him and said I wished to ask him about a letter which I had posted that evening to Mrs. Thompson—he said "I delivered a letter to Mrs. Thompson to-night"—I said "I know you did, but not the one I posted"—he said "I know nothing about it, I want to go"—I said "You not go"—Rumbold, the officer, then came up, and Mr. Carman—I said Do you know this gentleman?"—he looked at him and said "No"—I repeated the question and he again replied "No"—I said "Look again"—said "Oh yes, I know who it is now; it is Mr. Carman"—we all then went to a top front room of No. 19, where I again asked about the letter;—the prisoner denied all knowledge of it, but said to Mr. Carman "I had
a letter for you and sorted it for the delivery"—I then directed Rumbold to search the prisoner—he said we should not, and became very violent, so that I was obliged to assist Rumbold to hold him—I shortly afterwards saw Rumbold take a letter from the left hand pocket of his private coat—the prisoner said "That is the b——trator," pointing to Carman, "who put the letter there"—I took him into custody—at Bow Street I examined the envelope and found seventy-two stamps were missing—the envelope produced is in the same state now as when it was found on the prisoner—the stamps had been put in the envelope in different pieces, the one of forty-eight stamps was missing; of a piece of twenty-four, twelve remained; eight were taken from a piece of sixteen; and a whole piece of four—the stamps were also folded differently to what they were placed by me.
Cross-examined. I do not know that the delivery that evening was a heavy one; I should say it was not—there were ten pieces of stamps in the letter and two single stamps—it is customary to tie up letters with a string, which sometimes cuts the letters—there are no shops in Henrietta Street to give light to the street—Mr. Carman wore a hat—I do not know what he usually wears—we had great difficulty in getting the, letter—the prisoner is an auxiliary letter carrier—he was employed from 5 p.m. till his delivery was finished, between 11 and 12 o'clock, for which he received 10s. a week—he may have been seventeen years in the service—I do not know whether he knew me—when a letter is accidentally broken it is the carrier's duty to deliver it to the address on it, give an explanation, and endorse it—he ought in no case to delay a letter even to show to the inspector—express rules are laid down for our guidance.
Re-examined. The letter carrier is furnished with a pouch in which, to put returned letters—the envelope is no more torn now than when it was taken from the prisoner—it could not have been done in the struggle, because his arms were secured—we had no difficulty in taking it from his pocket—the prisoner is an optician, and merely came on duty at 5 o'clock in the evening.
JEREMIAH CARMAN . I am inspector of letter carriers for the northern district post-office, at Islington—the prisoner was employed at that office to collect and deliver letters—on April 25th I sorted the letter in question to the prisoner, quite securely fastened—I subsequently saw the prisoner, and heard part of the conversation mentioned by the witness Mr. Stevens—I also went with Rumbold and Stevens to the prisoner's house, and heard the prisoner deny all knowledge of the letter—he was very violent when we searched him—we found the letter—t did not see it actually taken—it was not torn in the struggle—the prisoner then said, turning to me, "That's the b——traitor"—I received on the following morning the pouch with which the prisoner is furnished, and which he had to post in a pillar box to the office—it has a brass plate on it—it contained three letters.
Cross-examined. I wore the same hat that night I have worn for two years—I never wear a cap—in the event of a letter coming open the carrier should report to the person to whom it is addressed.
Re-examined. If a complaint is made I should be the proper person to receive the report—the prisoner did not report.
HENRY RUMBOLD . I am a police-constable attached to the post-office—I went with the witnesses Stevens and Carman to the prisoner's house—Stevens directed me to search the prisoner, who became very violent, and swore we should not do so, but Stevens held his right hand and I his left,
and during the scuffle I put my hand in his left hand pocket and found the letter (produced) in the same condition it is now—the prisoner broke my chain in three pieces.
Cross-examined. I found only 6 1/2 d. on him.
The prisoner's statement before the Magistrate was that the string that tied packet cracked the envelope and exposed the stamps, and not knowing what do he decided to go home and put them in another envelope, and report the cirumstance.
C. J. STEVENS (re-examined). I made a note of what I sent in, the letter—I first put the date and then the address, and then checked the stamps, of which I made a list, which is "One piece of 48, five of 24, one of 16, one of, and two of 4, and two single ones," making a total of 206.
GUILTY — He received a good, character—Eighteen Month's Imprisonment.
416. FREDERICK FORD (24) , PLEADED GUILTY to four indictments forging and uttering warrants for the payment of money; also to stealing twenty-four bonds, the property of his master— Seven Years' Penal Servitude.
THIRD COURT.—Monday, May 7th, 18777.
MESSRS. CRAUFURD and LLOYD conducted the Prosecution; MR. FULTON defended McDonald.
HENRY GAMMON (Policeman N 510). I had been watching the prisoners some time at 3, Park Place, Haggerston—I have seen both the female Prisoners go in and out, and once saw McDonald with Hutchinson, but not with Wyndham—on 20th April, about 6.45 p.m., I saw Wyndham come out go into four shops, and the last was Mrs. Williams'—after Wyndham the out I went in, and Mrs. Williams gave me this bad 6d. (produced)—I joined by Harwood; we lost sight of Wyndham for a few minutes, and n saw her and Hutchinson come from the direction of their house again hey went to Shipton Street, and Wyndham went into a baker's shop—Hutchinson remained outside—Harwood followed Wyndham into the shop and took her in custody, and I took Hutchinson—they were both taken to station in a cab, and on the road Hutchinson said "I shall tell the truth; that man you saw me with gave me the money"—I afterwards went with Inspector Shore to the Royal Oak, where I saw McDonald and the man king, who had met the two women—McDonald was rather violent and tried to escape—he was handed over to me, and I found on him 3s. 8d. in bronze and a bad sixpence—I afterwards received this bad 6d. (produced) from the female searcher at the station, and this counterfeit 6d. from a boy named Flower, close to where I took Hutchinson—I do not know what became of King after he came out of the public-house.
Herb's shop, a baker's; I followed her in and saw Mr. Herb examining a coin—he gave it to me; this is it (produced).
JOHN SHORE (Detective Inspector). I saw Glass go to the Royal Oak with McDonald, and sent Jameson to fetch him out; he came out and I said "I am an inspector of police; your wife and daughter have been taken for uttering a counterfeit 6d., and they want the baby to be sent down to the police-station; will you go back to your house with me and send it down?"—he said "No, I will send some one," and wanted to return to the public-house to do so—I said "No, you will either have to go to the house with me or to the station; I shall take you in custody"—on the road to the station he was very violent and threw himself on the ground—I sent Jameson with him to the station—I went with Glass to 8, Park Place, Haggerston, and in the back parlour found in a shoemaker's apron this mould bearing four impressions of sixpences—I also found twenty-four sixpences made from this mould.
Cross-examined. McDonald lived there—I have watched the premises a little, and have seen him go in at the window and come back through the window with a key, and then let his wife in.
THOMAS GRANT (Police Inspector). I went with Shore and confirm his evidence—I found this ladle in the fireplace in the back room;' also a pair of scissors, some copper wire, a file, some plaister of Paris, and on the back parlour mantelshelf this counterfeit 6d. (produced) in a pill box, and a quantity of metal in the ashes, and some pieces of paper similar to that found on Hutchinson—I received these five bad sixpences from the female searcher, and these six bad sixpences from Jameson, and these two bad shillings from the landlord.
JAMES CRESE . I am a shoemaker of 8, Park Place, Haggerston—more than six months ago Hutchinson took my two parlours in the name of McDonald for her husband and two children—she came in the same evening with McDonald and the girl Wyndham, another girl about eleven or twelve, and two babies—they continued in the rooms till 20th April—McDonald worked as a shoemaker in the back room, and I believe both the women assisted him—a one-armed man, whose name I have ascertained to be King, came there very often—three or four months ago I observed that something very secret was going on in the back room with McDonald and others—I can-not say who, but their followers came to the place, and I communicated with Inspector Glass—when the prisoners went out they always left the girl of twelve years old at home, and she used to be sent up to me with the rent—this is the rent-book (produced)—I showed the rooms to the police, and was present when they searched them—when I was shifting the dust in the yard on the 22nd I found two bad shillings and gave them to Inspector Glass.
Cross-examined by MR. FULTON. I was not examined before the Magistrate—I saw McDonald at my house every day—I told the police that I saw a one-armed man come to the house.
Re-examined. I cannot say whether this (produced) is a photograph of the one-armed man—I made out the rent-book and sent it to McDonald, and it was found in his room.
By MR. FULTON. The photograph represents the man I saw McDonald with—I am not in a position to say whether he has been convicted, but this paper (Attached to the photograph,) says so.
resembles the man I saw with the woman; it is not a good one, but I should say it is the man—this is the first I have seen of it—he is represented as a convict.
WILLIAM WEBSTER . I am inspector of coin to Her Majesty's Mint—this mould for four sixpences of 1844, 1863, 1867, and 1868—this 6d. (McDonald's) is bad, but not from this mould—four of these five sixpences found on Hutchison are from two of these moulds—this 6d., uttered by Wyndham, is bad, and from this mould, and so are all these twenty-four sixpences—here are also six unfinished bad sixpences from the same mould, and two bad shillings.
MARY ANN HOLFORD . I am female searcher at the police-station—I earched Hutchinson and found in her pocket the five bad sixpences which have been produced, all in separate papers, and 9d. in copper—I found a good 1s. on Wyndham.
THOMAS FOWLER . I am going on for thirteen years old and live with my parents at 13, Nelson Place, Hackney Road—I picked up some sixpences one Saturday all in separate papers—I pointed out the spot to the police-man—I am and gave them to him.
The prisoners' Statements before the Magistrate were that King made the coins in their room without their knowledge, and that they received some expences from King, but did not know they were bad.
Hutchinson's Defence. King came to my place and said "Where is the tan?" I said "He is out." He said "Let me lie down I am so tired," and I allowed him to do so. We went out to have a cup of tea, and when we came back we found King making plaister of Paris moulds on a glass, I said "You will get us into trouble." About 7.30 I saw King sitting on a post, and he said "Oh, my God, take these," and went away, and soon afterwards a policeman took me.
WYNDHAM PLEADED GUILTY to a previous conviction of felony at Worship Street in February, 1877— Two Years' Imprisonment.
McDONALD— Five Years' Penal Servitude.
HUTCHINSON— Two Years' Imprisonment.
MESSRS. CRAUFURD and LLOYD conducted the Prosecution.
ALFRED ALLCOCK (Detective Officer Y). On 19th April I was on duty with Detective Robinson, and saw the prisoners in Kentish Town Road; we followed them to Gainsford Street, where they had some coffee together—Morris then went into Mr. Martin's shop, and Robinson followed close behind—Moms had a basket—she came out and Robinson followed and joined her—she handed her basket to Robinson and put something into Robinson's hand, which she placed in her pocket—I took Robinson and told her that I took her for being concerned with Morris in passing a counterfeit florin at Mr. Martin's, the fishmongers—she said "Oh, my God, I know nothing about it"—I asked her at the station what she had got in her pocket; she produced a purse containing two shillings, five sixpences, and 10d., all good—I asked Robinson whose basket and jug those were, she said "They are mine, I brought them from home in the morning.": John Robinson (Detective Officer Y). On 19th April, I was with cock and followed Morris down Kentish Town Road, and saw her go into Mr. Martin's and come out—I went in and received from Mr. Martin.
this bad florin—I left the shop and took Morris; I told her it was for passing a bad florin—she said "I don't know anything about it, I had it from the other woman"—I said "What woman?"—she made no reply—I took her to the station—she had a basket with two haddocks in it.
MARIA MARTIN . I am the wife of William Joseph Martin, fishmonger, of Kentish Town Road—on 19th April, about 6.30 p.m., I served Morris with two haddocks, price 4d.—she gave me a florin, I put it in the till where there was only one other florin, quite at the other end of the till, and gave her the change—a policeman came in and I handed him the florin the prisoner gave me—I examined it; it was bad.
EDWARD JOSEPH JOHNSON . I live at the Old Farm House, Kentish Town Road, near Mrs. Martin's shop—I serve in the bar—on 19th April about 5.30 p.m., Morris brought a similar jug to this (produced) and asked for a half—pint of stout—she tendered a florin; the edge was not perfect; I tested it and it bent easily—I took it to Miss Cork, who found it was bad, and took it to Morris who said that she had it in change for a half sovereign, and would take it "to her friends and bring the money back—Miss Cork gave it back to her, and she came back in about eight minutes and paid with three penny pieces and took away the jug of beer.
Morris' Defence. My sight is very bad. I wish to call the other prisoner.
ISABELLA ROBINSON . I have pleaded guilty to this charge—I do not know Morris—I only saw her on this night—I was sitting on a door step, rather the worse for drink, and she came up and said "Are you ill?"—I said "No, I have had a little too much to drink"—she said "So have I'—we got into conversation and I said I do not want to go myself, but if you will go over the way and get me some beer, I shall be much obliged to you—I gave her the florin, and she brought it back bent and said "It is a bad one"—I threw it away and gave her 3d. to pay for the beer, and—we went and had something to drink together—sometime afterwards I gave her another florin to go and buy some fish, as we had agreed to go and lodge together as she said she' had nowhere to go, and then the policemen took us.
Cross—examined. I was not long in her company before this happened—I sent her into the Old Farm House.
MORRIS— NOT GUILTY . ROBINSON— Nine Months' Imprisonment.
MR. STRAIGHT and MR. C. MATTHEWS conducted the Prosecution.
FREDERICK DOWNES (City Detective). On the afternoon of 6th April, I saw Hinton in Long Lane, with a woman, I told him I was a police—officer, and In consequence of what he told me I went to Parsons' shop, in Barley Mow Passage—I found Parsons in a public—house, opposite—I called him out and said I am a police officer, and I have your son—in—law in custody for robbing his employers, Messrs. Hitchcock and Williams, and you have got seven duplicates relating to cloth and silk pledged at Harrison's, in Aldersgate street—he said "It is a lie, I have not"—Hinton's wife was standing by his side—she said "Yes, you have father, give them up, he knows all about it"—I took him into his shop and commenced to search—he said "You
don't suppose I am such a b——fool as to keep those duplicates, they are where you will never find them for I burnt them"—I said "But you will be identified as pledging a piece of silk"—he said "Whoever told you that told you a lie"—I searched the shop and in a little box I found a piece of paper containing twenty duplicates relating to cloth and wearing apparel—he was charged and next morning I asked him on the way to the Magistrate if the duplicates were really destroyed—he said "No."
JOHN PRESTON . I am assistant to Mr. Harrison, a pawnbroker of Alders-gate Street—I have known both the prisoners—I produce 12 yards of silk pledged on 24th January, for 305., by the prisoner Parsons, in the name of john Parsons, and another remnant of silk pledged by Parsons' daughter in the name of Ann or Mary Parsons; also a remnant of cloth pledged on 15th February for 15s., and another remnant on 24th February, by Parsons, for 15s., and another piece by her on 5th March for 1l., and a remnant by John Parsons, on 23rd September for 8s.; also two remnants pledged in the name of Ann Parsons, by herself and her daughter on 20th October and 3rd November, for 16s. and 1l.
JOSEPH JONES . I am manager of the silk department of Hitchcock and Williams, St. Paul's Churchyard—Hilton was porter there for fifteen months, and had access to the goods—this remnant of silk is their property.
THOMAS ALWINKLE . I am manager of the mantle department of George Williams; these two remnants of silk are his—they are worth about 3l. 10s., they could not fairly be called scraps or cuttings, one piece is 12 yards long.
JOHN THOMAS . I am silk buyer in George Williams' employ—on 3rd April, I called on Parsons, in Barley Mow Passage, and told him I came from instructions I had received, for some duplicates he held, for some silk which had been pawned at Harrison's, in Aldersgate Street—he said "I have not any"—I asked him if he had pawned any silk at Harrison's—he said "I have"—I said "Have you any of the silk by you"—he said "I have not"—I said "Were they black, or coloured, or striped?"—he said they were black—I said "Have you any small pieces so that I can see what they were?"—he said "I have not"—I said "Were you cautioned about the silk by Harrison?"—he said "I was, and I have not taken any since"—I asked him if he could tell me what was the longest length—he said "About 9 or 10 yards"—I said "Do you call 9 or 10 yards scraps and bits?"—he said I do"—I asked him "Do you know the party who you received the silk from?"—he said "I do not"—I said "How did the party come to you?"—he said "He came to me as many others do, at Cloth Fair"—I said "Do you know where the party came from?"—he said "I do not, but I think he comes from somewhere near Hackney, after I was cautioned by Harrison about the silk, I made enquiry of the party from whom I received the silk, how he came by them, and the explanation I received was perfectly satisfactory to me"—the party said I am a cutter in a wholesale house in the City, and by skilful cutting I am able to save the lengths.
Parsons in his defence slated that he merely pledged the things to oblige his son and daughter, not knowing they wire stolen.
The prisoner's received good characters, and Hinton's master promised to take back.
HINTON— Twelve Months' Imprisonment . PARSONS— GUILTY — Five Years' Penal Servitude.
MR. BIRNIE conducted the Prosecution.
JAMES MELDRUM . I am a private in the 1st Batallion of Scots Guards—on Sunday morning, 22nd April, I met the prisoner and asked her to go for a drive with me in a cab—I then had a sovereign, a half—sovereign, and 5s. in silver in a purse in my tunic—we drove for a quarter of an hour, and I then stopped the cab at a coffee—stall near the Marble Arch—the prisoner sat in the cab while I went to the coffee—stall, and when I took out my purse there was no money in it—I turned back to the cab and the prisoner was gone—I saw her going down Oxford Street—the cabman drove me after her, and I came upon her sitting in a jeweller's shop—door—I asked her why she did not stay and have the coffee I was going to give her, and she used a filty expression—I gave her in charge, and—heard the chink of money—I told the policeman to take care that she did not make away with it, and he found 5s. in her hand—she said "Take this 5s. and let me clear."
Cross-examined by the Prisoner. My pocket hangs quite loose; anybody can take anything out without my knowing it—my purse was placed back in my pocket empty.
JOSEPH BANNISTER (Policeman B 164). The prosecutor gave the prisoner into my custody for taking 35s. from his pocket in a cab—she attempted to throw away 5s., but I caught her hand and took it from her—she was searched by the female searcher and 1s. 4d. found on her.
Prisoner's Defence. I am not the person who was with him in the cab—I was sitting on a door—step in Oxford Street because there was something the matter with my foot, and he came up and said something about coffee—I told him to go away, and offered him 5s. rather than be locked up.
JAMES MELDRUM (re—examined). I was sober—she was about 50 yards from the cab when I caught sight of her again; nobody was near her—she was walking fast, not running—my money was safe when I got into the cab, because I gave the cabman 5s., after which I had 35s. left.
NOT GUILTY .
THIRD COURT.—Tuesday, May 8th, 1877.
Before Mr. Common Serjeant.
421. ROBERT CLOUGH (18), GEORGE BLACKER (24), and EDWARD SLOW (26) , Stealing 88 yards of silk and 7 yards of cloth, of Bradbury Greatorex and others, the masters of Clough and Blacker; to which CLOUGH PLEADED GUILTY .
MR. STRAIGHT conducted the Prosecution; MR. M. WILLIAMS appeared for Blacker, and MR. T. COLE for Slow.
ROBERT CLOUGH (the Prisoner). I was in the employ of Bradbury Greatorex and Co. for two years and a half—Blacker was also in their service as porter—he occasionally went with the van to deliver goods, but he did not drive it—my duty lay in the return—room, where goods which customers return are sent—it was my duty to separate them to the various departments to which they belong—I have known Slow about nine months; Blacker introduced me to him at a public—house at the corner of Greenfield Street, but nothing was said that time—about eight months ago I first
sent a piece of silk to Slow by Blacker, but I do not know whether Blacker or Slow first asked me—I stole it from the return-room—I have pleaded guilty to this indictment charging me with stealing 88 yards of silk and 7 yards of velvet, the property of my masters, which I got from the return-room—I sent it to Slow by Blacker—I cut this piece (produced) off the end of the silk and Slow gave me 8l. for the silk in Greenfield Street on the Monday night before I was taken in custody—I gave 4l. of that to Blacker—on the Saturday evening before that Monday, I was in the same public-house with Slow and Blacker—Slow said "I think I shall shall get the money on Monday"—I don't know whether Blacker could hear that, I dare say he could—we were drinking together—it was in consequence of that that I met Slow on the Monday night—I was taken in custody on the 17th.
Cross-examined by MR. M. WILLIAMS. As soon as I was taken I made up my mind to plead guilty—the firm asked me in the counting-house, whether I took the silk and I told them, and told about the others—I was told that I had better tell all about it if I wished to be dealt leniently with—I met Slow at that public-house, and another opposite it half a dozen times—Blacker was not always with me, he was there four or five times—this 8l. was not the only sum that was paid me; I received money twice, but I do not know how much I received the other time—that is as true as the rest of my story—I do not know where Slow worked—he lived in a private house.
WILLIAM OSBORNE (City Detective). I was called into this matter by the prosecutor, and on 14th April, I saw the three prisoners together at the Duke of Clarence, at the corner of Greenfield Street, Commercial Road—I waited there about quarter of an hour and then left there—on the following Monday, between 7 and 8 p.m., I saw Clough meet Slow in Charles Street, and walk with him to Greenfield Street, where Slow gave Clough something which he put in his pocket, and they both went to the Duke of Clarence public—house—next day Tuesday, I went to the prosecutor's office, and Clough was called in—a conversation took place between him and his employers, after which Blacker was called in, and I said "Your name is Blacker, I am a police officer, there has been a robbery committed here of silk and velvet, and I believe you know something of it"—he said "I know nothing about it"—I said "You know a man named Slow"—he said "What Slow do you mean?"—I said "The one that lives in Charles Street, that has just come out of prison"—he said "Oh, you seem to know all about it, I shall say nothing"—he and Clough were taken to the station, and I then went with Daly, another officer, to a marine—store dealer's, in Plummer's Row, Whitechapel, and found Slow at work there—I said "Slow, we are City police officers, I am going to take you in custody and charge you with being concerned with others in custody, in stealing and receiving a large quantity of silk and velvet"—he said "I know nothing about any silk or velvet, I never had any at my place—I said "We shall see"—we then went to his residence, 14, Charles Street, and I said in the passage "Now Slow, if you have any here you had better produce it"—he said "I have got none"—I examined the front parlour, there was a woman in bed there, and under the bed was an old box in which was this piece of velvet, about 7 yards (—produced)—when I drew it out Slow said to the woman in bed "I thought you sent that away"—I also found this piece of Alpaca, and this duplicate relating to another piece of Alpaca was on the mantle-shelf—Slow said "A young fellow who is at work at a warehouse in the City left them
here"—a young woman then came into the room and I said "I have that young person's brother in custody, George Blacker"—Slow said "That is him that sent it"—Slow was taken to the station—I then went to 140, Jubilee Street, Mile End, where Slow lives, and searched a chest of drawers in his wife's presence and found these two silk handkerchiefs (produced)—I then went to 8, Ely Place, Brick Lane, where Clough lives, and found twenty—three silk handkerchiefs and scarfs, and in a cupboard the piece of silk which has been produced—the things were taken to the station and shown to the three prisoners—I said "Clough I have found this piece of silk in your box where you live"—he said "Yes, that is the piece that came off the silk that Slow had"—I showed him the other property, and told him it had been identified as belonging to the firm—he said "Yes, they do"—I showed Blacker the two handkerchiefs, and he said that they belonged to the firm—I said "Clough has told me he received 8l. for the silk, and gave you 4l."—he said "Yes, that is right, the other officer has taken it away from me"—I put my hand on Blacker's shoulder, and said "This is the' Blacker, I mean," and he said "Yes, that is him that sent it"—the charge was read over, and Slow said "I know nothing about it," the other two made no reply.
Cross-examined by MR. WILLIAMS. I am quite sure that "That is him that sent it" was not said interrogatively—I believe he meant it as a statement, but I will not be quite sure.
Cross-examined by MR. COLE. I had received no instructions to take Slow; I was to be guided by circumstances—14, Charles Street is a private house; Blacker's sister resides there with them—I believe one other family resides there.
ELIZA BISSELL . I am the wife of James Bissell, of 61, Plummet's Bow—I know Slow and Blacker—about seven or eight weeks' ago Slow asked, me to buy 16 yards of silk—I said that I could not afford it; he said "If you lose this you lose a bargain, and if you have not got the money pawn it"—he handed it to me in his parlour, and he lowered the blinds and pulled a string out of the door which people can let themselves in by—I made no observation upon that—I pawned the silk for 2l. and gave Slow the money—I kept the ticket—the police communicated with me, and by Osborne's directions I went to Slow's house and purchased 16 yards of silk, which he took from a box under the bed; I paid him 2l. 5s. 1d. for it, and gave it to Osborne—Slow cut it off a larger piece and said "Can you do with the rest?"—he said that there were 88 yards, including the 16 yards he cut off—I went the following day, Monday, and bought the remaining 12 yards, for which I gave him 10l. 4s. 2d. under the instructions of the police, who gave me the money—on the Saturday before I bought the 16 yards I asked Slow if he was going to have any more silk; he said that he was expecting some, but he was getting hard up—the first time I bought silk of him he said that he got it from somebody that worked in the City, and what he could not sell he had to send back again.
Cross-examined by MR. COLE. I knew Osborne before, and knew perfectly well what I was sent for—he did not threaten to take me in custody for pawning silk—I knew that I was going as a species of female detective—I had 12l. 9s. 1d. altogether from the police.
Greatorex, and Co., Aldermanbmy—Clough and Blacker were their porters, and occasionally went out with another man with a cart—I identify these two pieces of silk; it is made specially for the firm, and for no one else—we have similar velvet to this—Blacker has been there about four years.
BLACKER— GUILTY — Two Years' Imprisonment.
SLOW— GUILTY .He was further charged with having been previously convicted.
GEORGE LOCKYER (Sessions warder). I produce a certificate. (Read: "Clerkenwell Sessions, June, 1873. Edward Slow convicted on his own confession of stealing twenty—two jackets, having then been formerconvicted—Eighteen months' imprisonment.") Slow is the person; I have known him for years.
GUILTY— Ten Years' Penal Servitude.
CLOUGH— Eighteen Months' Imprisonment.
422. HENRY GEORGE NEWMAN (26) , Stealing 750 boxes of pills, of John Prout and others, his masters; and WILLIAM KENNETT (39), and GEORGE ROBINSON (44) , feloniously receiving the same; to which NEWMAN and KENNET PLEADED GUILTY .
MR. RIBTON conducted the Prosecution; and MR. M. WILLIAMS defended Robinson.
CHARLES WILLIAM HOVENDEN . I am one of the firm of Hovenden and Sons, wholesale perfumers, of the City Road; on 24th March eight dozen boxes of Blair's pills were sold to my firm, but not to me; and on 5th April six dozen, and on 12th April twelve dozen—I communicated with Messrs. Prout, and gave certain directions, and last Thursday week Robinson called with another parcel of goods—I said "Can you give me any information who you got these from?"—he said "From a man named Goodwin"—I asked him where he obtained Blair's pills; he produced a piece of paper from his pocket with the name of Billett on it, who he said was an advertising agent, and that he got the goods in payment for advertisements—he went with me Steadman's, and on returning he said that he was well known to Serjeant Moss, the City Police officer—I went with him there the same day to the Old Jewry, and Moss took him in custody.
Cross-examined. This was the first time I saw Robinson—I know that he invoices have his name and address printed on them; Steadman's name is on one of the invoices; he is a highly respectable manufacturer; his name was not given by Robinson, but it appears on the invoice.
Re-examined. I knew of Steadman's name being on the invoice, and of Steadman's goods being under price.
JOHN MOSS (City Detective Sergeant). On 26th April, Mr. Hovenden came to me at 26, Old Jewry, with Robinson—I said to Robinson "You have sold a large quantity of Blair's pills, from whom did you receive them?"—he said From a man named Billet"—I said "Where does Billet live?"—he said "I cannot tell you"—I said "Do you know where he carries business?"—he said "No"—I told him the account he gave was not satisfactory, and I should have to charge him with the unlawful possession of the goods—he said that he had been to Prout's, in the Strand, and referred me to Mr. Prout; he said "If you go to Prout's you will see a little man behind the counter, who will be able to give you some information who Billet is"—I then went to Robinson's residence, and found seven boxes of Blair's pills
and otter articles—he said that he had got a portion of them from Billett and a portion from a man named Goodwin, who he hed seen that morning and received the goods from him, that he had an appointment to meet him at 2 o'clock that day, but he did not know where he lived—it was then past 3 o'clock—I went to Prout's next day with Downes, and saw Newman—I told him we were City detective officers, that I had a man named Robinson in custody charged with the unlawful possession of a quantity of drugs, that he had been selling a large quantity of pills, and had referred me to him; I asked if he knew such a person, and if he knew Billett—he said "Billett is not his right name; his name is William Kennett" (that is the other prisoner)—he said that Kensett was formerly employed there, and lived—at 188, High Holborn, that he had been induced by Kennett to steal the pills, and had been taking about three—quarters of a pound of those pills three times a week, and he generally came there about 9.5 a.m.—Robinson was remanded twice that inquiries might be made about Goodwin, and then he was discharged—I saw the three in the dock at Bow Street—a quantity of pills was found at Kennett's married sister's.
Cross-examined. Robinson was discharged.
WILLIAM HENEY SCOTT . Mr. Hovenden called on me, and was shown a parcel of Blair's pills; I opened the parcel and looked at them, and found that they were without any stamps; they had not been sold in my establishment—Newman was in my employ, but left seven years ago.
Cross-examined. I have purchased drugs of him.
ROBERTS— NOT GUILTY .NEWMAN was recommended to mercy by the prosecutor— Nine Months' Imprisonment . KENNETT— Twelve Months' Imprisonment.
423. ARTHUR COX (16), FREDERICK MOUNSER (16), and JOSEPH KIRKMAN (17), PLEADED GUILTY to four indictments for feloniously forging and uttering orders for the payment of 60l. 15s., 90l. 15s., 33l., and 10l., with intent to defraud. Mourser and Kirhnan received good characters.
COX— Eighteen Months' Imprisonment MOUNSER and KIRKMAN— Twelve Months' Imprisonment each.
424. WILLIAM HENRY WOOD (28) , to three indictments for embezzling 10l. 14s. 3l. 13s. 6d., and other sums, of the Colney Hatch Gas Company, his masters — Five Years' Penal Servitude . And [Pleaded guilty: See original trial image.]
425. WILLIAM TAPRELL HARRISON (17), FREDERICK RUTTER (22), and THOMAS WALLWORK (25) , to ten indictments for uttering forged orders for the payment of 200l., 5l., 5l., 2l. 10s., and other sums, and for the delivery of two cheque—books— Seven Years' Penal Servitude each. [Pleaded guilty: See original trial image.]
MESSRS. STRAIGHT and HARMSWORTH conducted the Prosecution; and MR. M WILLIAMS the Defence.
EDGAR BREFFIT . I am a wharfinger, and part owner of Dowgate Dock—there are collars there for warehousing wines and spirits—the prisoner was in my employ as head cooper, and was generally in charge of the cellars—a boy named Carr was in a subordinate position to him—I took possession on 1st July, 1875, and found the prisoner there, he had been with the previous tenant—I had no wine of my own there—the Customs have their locks on the warehouse at a fixed time in the evening, and it is opened in the morning; there are guagers there who guage every cask when a delivery
order is presented, and they have their own inspectors—it was not the prisoner's duty to take spirits from casks stored there, the business would be to set them level so that he would get a dip in the centre of the cask—I gave him no authority to take brandy from cask T G on 16th December—racking wine is putting the contents of a large cask into two or three smaller ones, that is done under the direct authority and supervision of a Customs official—a racking order is delivered to the foreman cooper, and he carries out the instructions—he has no authority to rack off" wine without an order—we never give orders, the merchants do that, we are simply the custodians—if the merchant gives an order the customs have authority to carry it out.
Cross-examined. I have a number of people under me, but I am there every day when I am in London—I had the wharf during my Shrievalty—I had well paid servants then—fourteen or fifteen regular people are employed there, and a good many casual labourers—I did not take stock when I took possession of the wharf—Mr. Graves, is manager of the wharf company—I was not aware that there was a quantity of waste left there when Mr. Graves left, or that there was any—Mr. Graves' stock is all in the books, and the wharf company's servants had access to the books—the prisoner was discharged about 16th December, and this charge was preferred against him, four or five weeks afterwards—it was not till February, that I brought a charge against him before a Magistrate—I had a man in my employ named Hebb—I never heard of his treating a number of men from Castleford for two days—I do not know that the prisoner reported that four men were found tapping a cask in 1874, that was before my time—I heard from the inspector of guagers that in 1876, a man was found drinking from a keg on the quay; I understood that it was a pailful of brandy—he had no right to have it, and he was discharged—it was Doherty's business to rack off wine if he had an order to do so—the Customs tell me that it is not the practice to equalise the casks by taking from one and putting into another, if it is done it is in violation of the customs' regulations—I charged Donovan last Session with robbing me of wine and spirits. (See vol. 85, page 681)—he was tried in this Court and acquitted because he was acting under Doherty's orders.
Re-examined. The prisoner's pay was 2l. a week—proceedings were not taken till February, because we were not aware that the deficiency was so great till the casks were guaged by the Commissioners of Customs—there was some correspondence between me and the Customs—they pushed me forwards—I have discharged Hebb.
CHARLES POULTER . I live at Brook Street, Ratcliff—on 15th December, I was quay foreman to Messrs. Breffit and Co.—it was my duty to receive goods that are landed at Dowgate Wharf, and I keep a book showing when they arrive for landing—that is a copy of the lighter book—I check the landing of the goods on the quay, a record of which is kept—refreshing my memory by this book, I can say that on 15th December, nine casks of brandy were brought alongside and landed at Dowgate Wharf—I checked the entry of the arrival and of the landing—we do not check the marks of the casks—they were placed in bond on the quay—while on the quay they are partly in my charge, and partly in Doherty's—the casks were not on the quay, they were rolled into bond for the night—I saw them on the 16th, they were then rolled out into the archway for guaging—I will not say: whether I or Doherty ordered them to be rolled out.
Cross-examined. It was reported to me by Doberty in 1874 that four men were found tapping a cask, which was 32 gallons short, and I remember his speaking to me in July, 1876, about a man having a painful of brandy, drinking on the quay—I know that men do not drink out of the casks on the quay before they are sent to the vaults—I never saw them doing it—a good deal is lost through leakage, and there are losses every way—I know Hebb—I remember Lord Mayor's day, 1875; a lot of liquor was given away in the office that day by Mr. Breffit, or through his instructions.(MR. BREFFIT: Not out of the Bonded Stores.) I do not know how many were regaled; I know I had some of it, and a great many came up from Castleford—Doherty has been in the employ five or six years; he has always borne a good character as far as I am aware—some liquor is taken from the different casks—for samples and tasting orders—I was in Mr. Graves' employ—Doherty told me that there was some waste left on the premises when Mr. Graves left—Doherty was not always on the premises—I have known him sent away by Mr. Breffit's order for parts of days, but not for a day or two.
Re-examined. Waste in over lus; it is the quantity left in a cask which is not taken notice of—Lord Mayor's day, 1875, was the time that Mr. Breffit was Sheriff—an allowance is made for deficiency in each cask—I believe it is a gallon.
GEORGE SIMPSON . I am an out—door Custom—House officer—on 15th December I tallied some casks of brandy marked J. G. G., checked them, and transferred them to band—they went into the charge of Doherty and Poulter.
WILLIAM OLDS . I live at 21, Ltston Road, Grafton Square, Clapham, and am assistant inspector of guages for the Customs—on 16th December I was at Dowgate Dock, overlooking the guager Millard—it was his duty to have the casks placed out for him—I saw John Carr that morning by the arch where the guaging is occasionally done, and I went up and found a tin can of about 2 1/4 gallons, partly full of brandy—I asked Carr a question and sent for Millard—I had not observed Doherty, but he was on the spot in a moment, and said "We are only regulating the casks"—I said "You have no right to do anything of the sort, I don't believe you"—he said "Allow me to return the brandy to the casks again"—I said "No"—Carr then came back with Millard—the can was then measured in my office in the presence of Doherty and myself; I don't think Carr was there; there were 7 pints of brandy in it—Carr pointed out four casks in Doherty's presence, who merely repeated his request to allow him to return the brandy to the casks—I communicated with the Custom House authorities, and in consequence of instructions from them I commenced going through the Stock ton the 20th, and it lasted a month; I went into the inner vault where the wine was kept, and saw a butt of sherry in which was a pump, and a hogshead with a funnel in it—the butt was guaged, and it was 13 gallons short—the hogshead was then dipped; it contained about 4 1/4 gallons of water, with a very small mixture of spirit—Doherty was on the spot and I said to him "What have you here?" he made no reply; Mr. Hebb said "What is it?" I replied You had better ask the man himself; he will tell you"—he asked Doherty, who said "It is only a little spirit and water"—I said "How did you get this water down in the vault; did you bring it in a cask or in a can?"—he said "I brought it down in the cask"—he had no authority to bring water into the vaults for any purpose of that sort—about
I gallon per annum per cask is allowed for deficiency from evaporation, and also a gallon for sampling; there would be a sampling order, and it would be allowed for—that is credited to a cask—we should allow a gallon for a month and the same for a year—in the course of taking stock, with Air. Millard's assistance I found four casks which I could not account for—I could not trace them in the stock in any way; one contained some Madeira one 44 gallons of port, another 11 gallons of braudy, and another some strong spirit.
Cross-examined. Strong spirit is plain spirit without any special character; it may be 60 or 70 degrees over proof; it is no doubt made into brandy and rum—it is delivered to distillers, but what they do with it I do not know—I do not know whether those casks were on the premises when Mr. Graves left—"regulating the casks" is an expression which I do not understand officially, but it is putting from one cask into another, equalising the quantities, because there is not the same quantity in each cask—I never heard of that being done on wharfs—it is ipped after it is made up—making up is making the casks level, not as to quantity; but the two ends of the wood-work should be level with one another; that has nothing to do with regulating—the guaging marks are first put down on the head of the cask—the can with the 7 pints of brandy was put at the back of the cask—I saw it—it was 11 o'clock or 11.15, and it was standing there in broad daylight, but it was partly hidden by an empty package—my eyes saw it; I went up to it and looked into it, and then I spoke to Carr, who was standing there—no steps were taken against the prisoner till February—he was admitted to bail, and has surrendered to take his trial.
Re-examined. When casks come from a barge they are placed along the wharf in a row, so that the guager can guage them—it is contray to regulations to transfer liquor from one cask to another—the result of the stocktaking was about 450 or 460 gallons deficiency—that appears in the official report—that is after making the proper allowance.
EDWARD HENRY MILLARD . I am a guager of the Port of London—on 16th December, about 10.30, I was at Dowgate Wharf, and the boy Carr-made a statement to me, in consequence of which I went with him to the arch, where I saw nine casks of brandy, marked J J D 1 to 9, and a can of brandy—I heard Mr. Ohds ask Doherty what he was going to do with the brandy in the can; he said that he was going to equalise the casks—Mr. Ohds said that he did not believe it—I measured the brandy in the can, there were 7 pints, I compared it with the brandy in the casks and it corresponded—the casks had not been guaged—casks are sometimes gauged the day they are landed, but usually the second day—I guaged these casks myself on the 17th—it is not the proper thing for anyone to touch the casks before guaging—on 20th December, Doherty came to me on the quay and asked if he could proceed with the racking off of a cask in the vault; I said that I was engaged at present—it is my duty to dip the casks before they are racked; nobody has authority to rack a cask before it is dipped; I then went into the office and got the order to dip, and when I went into the vaults I heard the inspector ask Doherty why he had placed the pump in the cask—I saw a pump in one and a funnel in another—I dipped the hogshead and the butt, the butt was 13 gallons short; the hogshead contained 4 gallons of spirit and water, very weak, that hogshead should have been empty.
Cross-examined. Mr. Olds asked Doherty why the boy had taken the
brandy from the casks, and he said "We were going to equalise the ullages"—I did not understand what he meant by that, but I did not ask him—the tin of brandy was then taken to the office and measured and tested—no charge was brought against the prisoner till February—he was discharged on 20th December, for something else.
Re-examined. He was not suspended on the day the brandy transaction was found out, but on the wine day.
JOHN CARR . I was in Messrs. Breffit's employ—I remember, some hogs-heads of brandy, marked J J D, being on the quay—I saw Doherty take the bungs out, and by his instructions I got a can and drew 7 pints of brandy out of four casks—he was there some part of the time, but not all the time I was doing it—he asked me to take some brandy out of each cask and regulate them, and I put it into the can—he was with me while I took it out of one, and when I got to the fourth Mr. Olds came up and told me to go and bring Mr. Millard, and I did so—I took water into the vaults nearly every day, by Doherty's directions—I put it into the tubs to wash glasses and wash hands—the tubs were alongside Doherty's office.
Cross-examined. They gave me in custody, and I was discharged; I am not in Mr. Breffit's employ now, I have been out of employ all the time—I did not think there was anything unusual about it when Doherty asked me to take the brandy out, or I would not have done it.
NOT GUILTY .
FOURTH COURT.—Tuesday, May 8th, 1877.
Before. Robert Malcolm Kerr, Esq.
428. WILLIAM MATTHEWS (34) , to stealing 140 books of Joseph Platnaur, his master, having been previously convicted of felony— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
429. WILLIAM HARRISON (21) , to burglariously breaking and entering the dwelling—house of George Harding, and another, with intent to steal— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. ATTENBOROUGH conducted the Prosecution.
WILLIAM INWARDS (City Policeman). On 13th April, I was on duty about 2 p.m., and saw the prisoners go into several warehouses in Aldermanbury and Wood Street—I followed them to 62, Aldermanbury—Palmer pushed the door open, and Williams went into the warehouse and came out with a piece of linen under his arm—Murray came out with him with another piece—they took it across the road towards Fore Street—I followed and caught Williams and Murray, but let Murray go in the struggle; he dropped the linen and I took it with Williams to the station—I am sure Palmer was one of the men—I had followed them for two hours, and on two previous days—I took Palmer on Sunday morning in Hackney Road—I told him the charge—he made no answer.
Palmer put in a written defence stating that he met the other two prisoners when looking for work, but did not know of their intention to steal.
Cross-examined. He has been convicted of felony—he was sentenced tonine months' imprisonment, and three years supervision, but he came home afterwards and worked very hard.
PALMER— NOT GUILTY .
MURRAY also PLEADED GUILTY** to a previous conviction in August, 1876— Seven Years' Penal Servitude.
WILLIAMS— Five Years' Penal Servitude.
MR. ATTENBOROUGH conducted the Prosecution.
JANE PALMER . My husband is a purveyor of cat's meat—on Saturday, April 14th, my daughter brought me this note in an envelope, and I went to the door and saw the prisoner; I asked him if my husband gave him the note—he said "Yes." (Read: "Please pay the bearer for me 1l. 10s., T. L. Palmer"—I then gave the prisoner a sovereign and a half—sovereign—he asked me for a pen and ink and wrote "Paid" on it, in my presence—I only know him by sight.
Prisoner's Defence. The book produced by Mr. Williams is not in my writing, though it is like it.
GUILTY — Eighteen Months' Imprisonment.
MR. ATTENBOROUGH conducted the Prosecution.
THOMAS WADSWORTH . I live in Portland Street——the prisoner worked in the same house—I have seen a carpet which was in my home—I left home to go to work on Monday, 16th April, and when I came back my wife had absconded, and my property was gone—I went to Liverpool and found the prisoner living with my wife at 17, Newton Street—I was present when his box w'as searched by a constable, who found the carpet, table cloths, and other goods; they are my property—I had not given the prisoner permission to take them.
RICHARD BANKS . I am an assistant porter, and live opposite the prosecutor's house—on April 16th, between 11 and 12 o'clock, I saw some furniture being taken away—there was a carpet rolled up—the prisoner sanded it out.
JAMES O'DEA (Detective). I went to Liverpool last Wednesday week—I saw the prisoner in custody, and read to him the warrant for his apprehension—he said "I have a witness to prove that I was at work at the time you said I
took the things away, and the girl," meaning Mrs. "Wadsworth," came of her own free will"—the things produced were handed to be by the Liver-pool police.
Witnesses for the Defence.
RICHARD SLINGO . On Monday morning, April 16th, I went to work at 8 o'clock; you came just after 10 o'clock, stayed a while, and then took your things off to work, and went out of the room to fetch some water; you were away about twenty minutes or half an hour, when you came back and worked till 1 o'clock, when you went to dinner.
Cross-examined. The prisoner was not with me the whole time.
Re-examined. I cannot say whether you were there from 11 to 12 o'clock—it was after 11 o'clock when you came from downstairs—I could not judge, by the work you did, how long you were there.
Cross-examined. I left my husband and eloped with the prisoner—the goods were found at his lodgings in Liverpool.
GUILTY — Two Years' Imprisonment.
MR. PURCELL conducted the Prosecution; and MR. W. SLEIGH defended Haddams.
JOHN MITCHELL . I keep a public—house at North Street, Whitton Road Hounslow—on April 24th I closed the house about 11 o'clock, leaving it quite secure—a little after 12 o'clock I heard a noise—I partly dressed, lighted a lamp, went down with a poker in my hand, and lighted the gas in the parlour, the kitchen, and the bagatelle—room—the window was broken—it had been secured by a nail, which was broken off—I saw Haddams trying to escape, head first, out of the window, and struck at him with the poker, but struck the window ledge, and broke the poker in two—I also saw Turner; I called in a policeman, searched the place, and found this whip and gloves.
THOMAS LETTS . I am a sergeant in the 21st Hussars; on 24th April Turner came into barracks at a few minutes before 12 o'clock, and Haddams about 12.55; Haddams was in a very excited state, and his cheeks were bleeding—he said he had had a fall—I made him prisoner.
Cross-examined by MR. W. SLEIGH. This is not the first time soldiers have come in late—I did not ask Haddams how he got the injury to his face—the prisoner's were picked out of five or six others.
By THE JURY. The gloves are odd ones—they are not the prisoners'—soldiers know their own whip 3—they do not always initial them—I only know the button is a pattern of the regiment.
Turner's Defence. I was the only man with a full face; I could not have left the barracks again without being seen.
NOT GUILTY .
MR. STRAIGHT and MR. C. MATHEWS conducted the Prosecution.
FREDERICK HEBDEN . I was a clerk, but am now unemployed—I live at No. 3, Sergeant's Inn—on Tuesday evening, April 24th, I dined with a friend at the Carlton Club—I left about 10.30 the worse for liquor, and went to the Alhambra Palace, in the promenade; I felt much worse and became giddy and sick—whilst in this condition the prisoner came and spoke to me—I do not remember what he said—he took my arm to help me out and walked with me to Leicester Square; eventually I found myself in my chambers; I went to bed—I do not recollect anything further that night—I know I did not take anything at the Alhambra—in the morning, about 8 o'clock, I awoke and found the prisoner in bed with me—I expressed my surprise—he asked if I did not remember the state I was in the previous night when he brought me home—I said I did remember it, but had forgotten that he was with me still—he said as he was very tired and had come home with me he thought I would not mind his staying, and as he found it cold in the other room, he got into my bed; I expressed my wonder that he had not used another bed which was there, but do not recollect his reply—he said he suffered from rheumatism, and he was so tired the previous night he did not want to walk to Islington—I went into the next room and dressed—I returned and found the prisoner dressed—after my laundress had been and we had had breakfast, the prisoner said in the sitting—room he did not admire my old china, he liked modern china best—in the conversation he told me he sold goods on commission in the City, and that he would have to go to business that day—I said I had an engagement and wished to leave and prepared to go—he stopped me and said he had a favour to ask of me; he was hard up, would I lend him some money—I said I was sorry I had no money, and was not in the habit of lending it—he said that was all nonsense, I must give him some, he intended to have some before he left the room—I said that what I told him was true, besides I did not see that he had a particular claim upon me—he then used violent language and said if I did not give him some money at once, he would smash me and the place up—I had valuable things about and knew he could do considerable damage, and I made some excuse to try to go out—I said I wanted to send a telegram—that was to bring a friend to nay assistance or to get the money for the prisoner—he said I should not leave the place until I had given him money—I then asked him to go—he said he would not unless he had money or the equivalent of it, and that I had better not angry him—I was alarmed and went towards the window—he pushed me towards the chair and told me to sit down—he then proceeded to examine the drawers in the sitting-room, as he said, to see if he could find a letter or anything he could make use of—he then led me by my arm into the bed—room and examined ray boxes, compelling me to hand him my keys—finding nothing there he took me back to the sitting-room and asked for something to drink—he said his patience was exhausted—I gave him what liquor I had which made him more violent and he repeatedly threatened me with violence, especially when I got up or made any motion towards going out—he took a watch from the mantelpiece and said it was not worth 2d.—he told me he was a discharged soldier and that he was desperate, that he did not care as he had nothing to loose if he got seven years, and that he was determined to make a haul this time as he had bee a tricked before—he asked for something to eat—I had only sardines in
the place, which he ate up in a minute—he said a gentleman had once given him a cheque and afterwards stopped payment at the bank; and on another occasion a gentleman had gone with him and given him the slip, but he did not mean to be tricked again—it was getting near to 3 o'clock in the afternoon when he said he would take my clothes if he could get nothing else, that it was a wretched place and there was nothing in it—then he led mo about and in and out of my bed—room and took what was useful to him—he tried on my Ulster coat and then said I was a miserable little wretch; and that if it was any size he would have worn it—he then took my great coat—I employed him not to do so, as the weather was so cold—he said he did not care, he was sure to redeem them—I said if he would give me the things back I would redeem them and asked him how much he wanted—he said he would take 5l—I remonstrated with him—he said if I said another word he would make it 10l. and that I ought to consider myself lucky to get off so cheaply—I said I was a poor man and he ought not to treat me in that way—he then selected a suit of light clothes, two overcoats, and other articles—passing from the bed—room to the sitting—room he saw a carriage clock and asked what it was worth—I said it was not mine and if he took it I should get into trouble—he then told me to write a letter—I refused—he seized me by my coat collar and made me sit in a chair and said that I should have to write—at his dictation I wrote this letter:" Dear Charles, I send you this clock which you may pawn, but please do not part with the ticket"—he then saw an opera glass, which he put into my great coat pocket—he searched about for letters, and when he was going out I tried to put on my boots but he again forced me into a chair—he would not let me go out—I asked him for his name and address so that I might send for my things—he said he would return the next morning and I was to be there to meet him—I begged him not to pawn my things, and he said he would not but would keep them as security for the money which I was to give him the next day—he then left—I afterwards consulted my friend Mr. Peile, a clergyman, and he came next day about 10.30—the prisoner came again about 11.45—I said "Why, you have come"—he said "Of course I have"—I asked where my things were—he told me he had left them at a house—I asked him if it was far from there—"he said about a quarter of an hour's walk—I then asked if he had pawned them—he said he had not—Mr. Peile then sent for a constable, who came and took the prisoner into custody, and I went before the Magistrate the same day and gave in substance the same evidence I have given to—day—the prisoner then asked me about the window, he did not accuse me of misconduct—the case was remanded till the next day for the attendance of the pawnbrokers, when my evidence was read over to me—the prisoner did not ask me anything, but he made a statement that I had made indecent overtures to him—that statement was false—it is false that 1 unbuttoned my trousers.
Cross-examined by the Prisoner. You told me you were a discharged soldier when you said you were desperate—I do not know the hour—my chambers look out into a court—many people pass—I was in such a state of nervous prostration that I could not follow you out, and I thought it best to take advice—you began to take my things about 3 o'clock—the letter you compelled me to write referred only to the clock—I promised to give you 5l. because you threatened me—I do not know why you did not take my things the night before when I was drunk—I expected you back next day—I said I should see a friend in the mean time—a relation of mine,
who is a soldier, has lodged at my chambers frequently; also another friend, named Gardner, who lives in the country and sometimes visits London—the last time the soldier was there was in December—he used to change his clothes there—I have his photograph—I have no other photographs of soldiers—you found pawn tickets in my drawers—I did not tell you why I had them—if I had done so I should have told the truth, that I was out of a situation—when I was employed as a clerk in the City I lived in chambers—I left my situation two years ago—the soldier's name was Roberts—I did not say I pawned my goods because of him—I did not tell you Roberts was a deserter—he changed his clothes at his own house, I sent them there.
Re-examined. Mr. Roberts was a gentleman of birth and education and enlisted in the Blues—Gardner was my personal friend and a gentleman of good social standing—my friends make me an allowance to live on, but I was hard up and so pawned my dress suit, and those are the tickets the prisoner found in my drawer.
REV. WALTER PEILE . I am the Rector of Mark's Hall, in Essex—I have known Mr. Hebden since my college days—on April 125th, he came and made a communication to me, in consequence of which I went to his chambers on 26th—I heard the prisoner come in and the prosecutor say "So you have come?" and the prisoner say "Of course I have," upon which the prosecutor said "Have you brought my things?"—the prisoner said "Not one"—I sent the laundress for a constable and gave the prisoner in custody—he made no charge of indecency in my presence.
CHARLES EDWARD CHAPMAN . I am assistant to Messrs. Attenborough, pawnbrokers, of 78, Strand—I produce a clock pawned by the prisoner on 25th April last, for 1l. 1s., in the name of John Hebden, of 3, Serjeant's Inn.
THOMAS EVENDEN (City Policeman 449). On 26th April I was called to Mr. Hebden's chambers, and the prisoner was given into my custody, charged with robbery—he said "Very well, I will go with you"—he made no charge of indecency against Mr. Hebden—I found on him duplicates of tickets, a purse, and 1l. 19s. 5d. in money, a cigar case, and a discharge from the Army, in the name of Piggott, dated 25th April, 1877.
Prisoner's Defence. I pawned the things at the nearest pawnbrokers, in one case I gave the proper name and address. The prosecutor made improper advances towards me and I threatened to expose him to the police. He promised me 5l., and I took the things away as security for the fulfillment of that contract, which I came next day to complete, and was given into custody. If I had used any violence or intended to rob the prosecutor, I should not have stayed so long the first day, or have pawned the things at the nearest pawnbrokers, or have kept the appointment on the second day.
GUILTY — Fourteen Years' Penal Servitude.
OLD COURT.—Wednesday, May 9th, 1987.
Before Mr. Justice Den—man.
437. WILLIAM HOLLAND (33) , PLEADED GUILTY to unlawfully converting to his own use certain valuable securities which had been entrusted to him as an agent. Recommended to mercy— Nine Months Imprisonment.
MR. MONTAGU WILLIAMS, with MR. CHARLES MATHEWS, conducted the Prosecution; and MR. HORACE AVORY the Defence.
BRIDGET THOMAS . I live at 15, Little Clarendon Street—the deceased lodged there—I knew her two or three years by the name of Kate Clark—on Wednesday, 17th April, I saw her dead at the University College Hospital—I had seen her alive on Monday night, or Tuesday morning.
HENRY CARTER DAVEY . I am a cabman, and live at 14, Richmond Road, Barnsbury—on Monday night, 16th April, about 12.30, I was at the corner of Euston Square and Seymour Street, in the Euston Road, having a cup of coffee; my cab was standing by the side of the kerbstone—a four—wheeled cab came down the Euston Road from Tottenham Court at a furious rate, and ran into my cab—the prisoner was the driver; he was not sober—he was thrown off his box into the road, and his horse bolted off again with the cab, after getting free from my cab, and ran up Seymour Street—I asked the prisoner for the number of the cab and for his ticket, he said he had not got a ticket—I said "Are you not going after your horse and cab?"—he said"—No, it can go where it likes"—there was room for two or three cabs to pass in the road without coming into collision.
Cross-examined. He fell when he struck my cab—I don't think he fell on his head—I can't say how he fell—I saw him get up—I was looking after my own horse—he gave me the number of his badge—he had got it on—I could see it—he said he had not got the ticket belonging to the cab; that he was an odd man—he said the cab belonged to Mr. Dando—I saw the cab coming down the road before it struck mine, but it was coming so fast I had no time to get out of the way; it came at a gallop, and went on at a gallop afterwards; I think it was running away—I hardly saw it a minute before it came across my cab; he was on the box, and had the reins in his hand, I did not see any whip; I believe the horse had got the best of aim, he had no control over it—he did not seem to be trying to stop him—I am sure he was the worse for drink—I was drinking a cup of coffee at the stall—I was facing the road looking after my horse.
GEORGE JAQUES . I keep a coffee stall at the north-west corner of Seymour Street—on this Monday night, about 12.30, I heard a hallooing and shouting, and looking down the Euston Road I saw a cab coming along at a furious rate quite close to the kerb; the last witness' cab was standing behind my stall, and before I could hardly say anything the horse struck the cab and turned "it into the road—the prisoner fell off his cab, and the cab turned the corner, and went up Seymour Street at the same rate—shortly after I saw the prisoner standing there talking to the other cabman—he had been drinking.
Cross-examined. I saw him fall off his cab, I could not say how he fell, I don't know that he did not fall on his head—he did not complain of being hurt—he was not incapably drunk, but what I should call half drunk, in a state of muddle.
RICHARD GARNER . I am foreman porter at the Euston Station—on Monday night, about 12 o'clock, I was in the Jubilee public—house, and saw the deceased Kate Clark there with Ellen Jones; they were having a little rum together, they were only there three or four minutes—I left directly after, and went to the corner of Gee Street, I saw a cab going by at a furious rate without a driver—I turned and saw a crowd collected on the pavement, and the deceased lying on the pavement with a gash across her forehead, and it looked to me as if the brain was protruding—a cab was called, which a gentleman paid for, to take her to the hospital; I accompanied her there—she was insensible.
ELLEN JONES . I live at 18, Little Clarendon Street, I was with the deceased on this night—I had known her for about two years—we were going along Seymour Street, about 12 o'clock, walking on the pavement—the deceased was nearer to the shops than me—something seemed to touch me on my left side and I got away, I don't know how; there was a cab and horse—I can't say whether it was a hansom or a four-wheeler; I can't say whether it was going fast or slow—I was too frightened and jumped out of the way and directly after I saw the deceased lying on the pavement and blood coming out of her mouth—she was insensible—I took her in a hansom cab to the University College Hospital.
Cross-examined. I had treated her to half a quartern of rum that evening and I had half a quartern of rum myself at the Jubilee; we were both sober—I had hold of her with my right arm at the time this happened—I did not hear the cab coming—I can't say whether it came on the pavement—I did not see it afterwards.
JAMES EWING (Policeman S 120). I was called on this night—I went to the spot and there saw the prisoner standing at the corner of Seymour Street—he was drunk—I persuaded him to go and look after his horse; I did not see it or the cab.
Cross-examined. He was pointed out to me as the driver—I asked if he was the driver and he said he was—he was not in charge of his cab at that time or I should have taken him into custody, being drunk.
CHARLES SMITH (Policeman Y 513). I saw the cab coming down Seymour Street very fast, it was on the pavement, all four wheels—I heard a scream from some females—I tried to stop the horse—it turned into the road and went up Harrington Square.
JOHN DANDO . I am a cab proprietor and live at 30, Drummond Street—the prisoner was in my service six days—on the afternoon of 16th April he left my stables at 4 o'clock, I did not see him myself—at 12.30 I was called by two men—I went outside and there saw the prisoner standing up against my rails as drunk as possible—I asked him where my horse and cab was—he said "Oh, I know nothing about that, all as I know is a hansom cab knocked me off in the Euston Road; that is all I know about it"—I then went on to Harrington Square, and found my horse cut open in the chest and bleeding to death and the cab smashed—the horse had knocked itself clean out of the harness—I had known the horse before, it was a very quiet animal—a person had had it three years before me, it never was known to do anything wrong—it was a tractable animal.
Cross-examined. I never knew it to bolt, I have driven it myself—the conversation with the prisoner did not take two minutes—I was anxious to go after my horse—I am sure he said it was a hansom cab that knocked him off. (Davey. "Mine was a four—wheeler.") When he was talking to me he had his back against the area railings and he was rolling about.
HENRY RATCLIFF CROCKER . I was resident physician at University College Hospital when the deceased was brought there on the Monday night—she was dead when brought in—there was a scalp wound about 1 1/2 inches in extent on the right side of the head; there was no fracture of the skull—I could not see what had caused death; five ribs were broken on the left side over the region of the heart, and the chest was bruised but there were no injuries visible on external examination—there was no post—mortem, I could not say positively what was the cause of death only probably that it was from internal injuries, judging from the injury over the region of the heart—there was enough to account for death if she had been run over—I saw nothing else to which I could ascribe it.
CHARLES TAYLOR (Detective Officer Y). I took the prisoner into custody on Tuesday, 17th April, and charged him with causing the death of Kate Clark, and being drunk whilst driving his cab—he said "Last night I was in the Euston Road, a cab run into me and knocked me off the box and the horse bolted down Seymour Street."
In leaving the case to the Jury MR. JUSTICE DENMAN said" If the Jury are satisfied that the 'prisoner through his own fault, from being intoxicated, was thrown from his cab, and as the direct, and immediate consequence of that, the cab (being already through his act improperly in a state of hot haste) continued its course and killed the deceased, that would be manslaughter.
GUILTY. Recommended to mercy by the Jury — Six Months' Imprisonment.
No witnesses appearing for the prosecution, the Jury found the prisoner
NOT GUILTY .
MR. FULTON conducted the Prosecution; and MR. F. H. LEWIS the Defence.
FREDERICK HOLLOWAY . I have offices at 173, Ball's Pond Road, Islington, and live at the Elms, Wood Green—on 23rd November the prisoner called on me—I think he had called once before—he said he wanted to get an action settled that was against him in the Mayor's Court, and asked if I could lend him the money to settle it—he said he wanted 30l.—I asked him what security he was prepared to offer—he said that he had got a house of furniture, a piano, a horse and" cart and harness, that it was a valuable little pony—I asked him particularly if the piano was his, or whether it was on hire, he said No, it was his own property—he produced a list of his furniture, I have not got it, I left it with the clerk to the Magistrate—I said "If I make this advance I shall require a bill of sale"—he said "Oh, willingly, but don't register it under any circumstances, it would be my ruin"—I said "If you are honest, which I have every reason to believe from what I can see of you, I will not register the bill of sale, but you must make me a
declaration that the property is not encumbered, that you are in a perfect state of solvency, and that you don't owe more than 50l. in the world"—he said "Oh, I can do that; I don't owe only a few shillings, I have only been married recently"—the bill of sale was prepared and signed, and the declaration was prepared by me, and I sent for Mr. Penton, a solicitor on the top floor in the same building, who is a Commissioner for taking affidavits—he happened to be in at the time, he came down, the declaration was read over to the prisoner, and he thoroughly understood the nature of it—I took a great deal of pains to explain the nature of it, because I lent the money on his word and honour, without going down to Cambridge to to see the goods—he said he understood it, and signed it, and declared it to be true—this is it, and this is the bill of sale. (The declaration being read, stated that the goods mentioned in the bill of sale were his absolute property, and that his liabilities: did not exceed 50l.) There is no schedule referred to in the bill of sale, it is general—having made the declaration and signed the bill of sale, I advanced him 30l., part by cheque and part money—I parted with my money on the faith that the goods he had assigned were his property, and that he was not in a state of insolvency, otherwise I should not have lent him the money—he was a perfect stranger to me—afterwards, in consequence of something that I heard, I wrote to him to know why he had not paid the money according to promise, and he wrote back a letter—I then went to Cambridge and took an officer with me from there to Horseheath, to take possession under the bill of sale—that was about the end of February.
Cross-examined. I am an accountant and auctioneer—I am not a money lender in the ordinary acceptation of the term, I occasionally lend money—this is my advertisement. (This was headed: "Those in debt or difficulty, in town or country, should apply to Mr. Holloway to be relieved from liability, &c") I had not seen the prisoner to my recollection before I saw him and advanced the money, certainly not more than once—I did not write to him to bring me up 7l.—he did bring me 7l., that was on the 23rd November, the same day the money was lent—I had telegraphed to him to bring it me, in order to settle the action in the Mayor's Court—I got the 7l., I paid part of it away, three guineas, to Mr. Penton, who had been acting professionally on his behalf, the other was left in my hands—I should have had to give him credit for that out of the 30l.—I told him I would do so—I have no book or document to show that I have credited him with it—I gave him a cheque for 5l. 16s. 8d., and gave another cheque for the balance, making up the 30l.—I did not give him back the 4l., because I did not know exactly what money I should have to give the solicitor, and the prisoner wanted to get back to Cambridge, and he asked me, as a personal favour, to pay the costs of the execution, and he left it in my hands to settle—I paid Mr. Penton at the same time—I don't know whether the prisoner was present—I keep these bills of sale ready—I had advertised that my money was at loan without publicity—he said "I am a young man who has been married I lately into a respectable family, I am looked upon as a respectable man in the village in which I reside, and if it should be known that I have mortgaged my furniture it would be the ruin of me"—I said "Very well then, you must make a declaration"—he gave me a three mouths' bill of exchange for 36l.; it is in my cash—box at home; that was 30l. for the advance, and 6l. for the agreed interest and expenses—I have no doubt that would amount to 80 per cent.—in addition to that I had his 4l. in hand,
the bill of sale and the declaration; he said he was a builder and wheelwright, that he employed five or six men and was doing a nice little business at Horseheath—I went to Cambridge after writing to him, after the thing became due and was not paid; the bill would become due on 26th February, the prisoner had not communicated with me before that, that I recollect—he wrote me a letter afterwards—I did not take an account down with me, I am certain of that—I did riot make a claim upon him for 48l. 10s. when I got to Cambridge, I don't know whether I did upon his wife; I only saw his wife; I did not see him—I should think I did not make a claim upon his wife, for 48l. 10s.; I don't recollect; I was very much excited, his brother was there with a steel and was going to put it into us, and he threw me into the road and the officer after me, and the prisoner was upstairs in bed and would not come down—his wife was the school mistress there—I did not sieze the school furniture; I saw the piano there, and I said "This is my property"—I found the property was in the hands of the trustee for the benefit of all the creditors—he never intimated to the trustee that he owed me any money—I never saw the school furniture—when I said "This is my piano," the wife said "You can't, it belongs to somebody else"—the piano was not at the school, it was in a private house, in the school yard—the claim I made was for the money that was owing to me on the bill of sale 36l., and I may have said I should expect something for expenses—I can't recollect what I said to the wife—the prisoner had not telegraphed to me the day after the transaction that he would bring 10l. with him, and 5l. for interest; he wrote and asked me if "I would take 10l. of the money I was so kind as to lend him, that was a day or two before I went down; he did not bring the 10l.—I telegraphed to his wife and she wrote me back that he would be up in a few days—I gave him the cheques for 21l. odd, and 5l. to settle the action; that was what he borrowed the money for, to get rid of that difficulty—he telegraphed to me that when he got back to Cambridge, he found the sheriffs' officers in possession—I did not telegraph tothem to go out of possession; I have no recollection of anything of the sort—it was no fault of mine if he had to pay another three guineas for that; the money was paid on the very day, but he came so late that they had gone from Cambridge, and were-in possession by the time he got home.
Re-examined. I received this letter eight or nine days after the money ought to have been paid; I had no notice that it was not paid till a week after.
JOHN BATTY PENTON . I am a solicitor practising in Balls Pond Road, and am a Commissioner to administer oaths—on 23rd November, I was called into the prosecutors office for the purpose of receiving this declaration; it was executed by the prisoner in my presence—I asked him if he had read it over and understood it—he said it had been read over to him and he understood it.
Cross-examined. Mr. Holloway paid me three guineas for certain business, on that same day, not in the prisoner's presence; it was after the declaration had been sworn to, it was for costs in the action brought against the prisoner in the Mayor's Court, I entered an appearance and pleaded to the action, Mr. Holloway instructed me, I did not know the prisoner—I am speaking of the action before the 23rd November, I had to do with it about eight or nine days before 23rd—Mr. Holloway instructed me to defend the action—I made out no bill of costs, he paid me three guineas for what I had done, that included the fees as Commissioner for witnessing this, that is
half a guinea if I go out of my office into anybody else's, besides marking and preparing the exhibits.
FREDERICK FRANCIS OTWAY I am cleric to Mr. Eden, registrar of the County Court, Cambridge, I produce the file of the proceedings in the defendant's liquidation, the date of the filing of the petition is 15th January, 1877, it is the prisoner's own petition—amongst the list of creditors is Watts and Co., merchants of Cambridge, for 57l. 9s. 7d.—he does not return Mr. Holloway as a creditor—the total amount of debts is 361l. 8s. 3d., and total assets 135l.
Cross-examined. Mr. John Glasscock was the trustee to the estate, he is not here—I know nothing about it.
THOMAS FITZWILLIAM WATTS . I am a member of the firm of Watts Son, timber merchants, of Cambridge—I am a creditor to the amount of 57l. 9s. 7d., the whole of which was incurred between January and March, 1876.
ALEXANDER MCINTOSH . I am a wholesale ironmonger at Cambridge, and am one of the creditors, under the defendant's liquidation, for 49l. 13s. 2d., incurred between January and October—nothing was incurred after October.
STEPHEN MANSFIELD . I am a partner in the firm of Litley & Co., of Cambridge, we are creditors' under the defendant's liquidation, and proved a debt to the amount of 12l. 16s. 2d., incurred in June and August, 1876.
ROBERT MANN . I am clerk to Mortlock & Co., bankers, at Cambridge—the prisoner was a customer—we proved for 18l. 0s. 6d., as creditors under his liquidation—his account was overdrawn on 17th November, 1876—there were no remittances to his credit after that date.
Cross-examined. We had a bill of exchange of his for 25l., which was returned unpaid on 17th November—we sent it to him with a notice to that effect by that night's post—it was not that he had overdrawn his account, but by the bill being returned—if the bill had been a good one there would have been a slight balance in his favour—it was not his own bill, but one given to him—we were discounting at 5 per cent, at that time.
GEORGE CHAMPION BEDWELL . I am a pianoforte dealer, at Cambridge—the defendant obtained a piano from me in September, 1876, on a quarterly hire system—that is a system by which, if they go on paying regularly, it ultimately becomes theirs—he wished it to be shorter than the three years' system, and I made it one year—he paid 6l. 5s. in advance, as the first payment, on 7th September—5 guineas was to be paid, a quarter afterwards, and at the end of the year the piano was to become his—on 5th October he paid me 5l., that was a voluntary payment which he" made when I went to tune the piano—he did not pay the Christmas quarter, and I subsequently took the piano away—that was the bargain—the agreement was by word of mouth—I said I would send him a written agreement by post, but he asked me not to do so as he did not wish his wife to know anything about it, that he would come to my place and sign it, but he did not do so.
Cross-examined. The piano was sent to Horse heath, to his private residence—I knew it was for his family—I have never seen his wife—that was the first transaction I had with him—he told me that he had been recently married—I did not look upon the piano as his unless the payments had been kept up—I was quite willing to let the wife have it after these proceedings—I entered the 5l. as a payment on account.
NOT GUILTY .
NEW COURT.—Wednesday, May 9th, 1877.
Before Mr. Justice Lopes.
MR. REID conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence
DANIEL NEALE . I live at 14, Coleman Street, St. Luke's—the prisoner is my son—on Tuesday morning, 24th April, I was standing at the gate outside Field & Hanbury's Brewery, and saw the deceased, Henry Tait, come towards the gate—the prisoner said to me "Father, here comes the man who insulted me last night, I will go and see what he has to say for himself this morning"—he then said to Tait "How is your temper this morning?"—Tait said "The same as it was last night"—they began to pull off their clothes and threw them down in the road, and then went into the middle of the road and stood up to fight—I saw no blow but they struggled together, Tait's heels caught the kerb and they fell together, my son on the top of Tait—I then went down the yard, and was gone about five minutes, and when I came back my son had his waistcoat on and was tying Tait's scarf on, who was standing against the wall—Tait came up and said "We are friendly, are not we?"—my son said "Yes," and they walked down the yard—Tait had a little blood behind his left ear—just two little streaks, it scarcely ran—I believe he then cleaned two horses, but I did not see him.
Cross-examined. They fell on the kerb—my son was let out on bail.
HENRY ALFRED ELLIOTT .—I am in the employ of the Cannon Brewery Company and knew the prisoner and Tait—on 23rd April I was in the Crown tap—house, St. John Street, Clerkenwell, when there was a bit of a quarrel between them—there seemed to be a little bit of jealousy between them about the work, as to who came first of a morning—Tait was the worse for liquor, but the prisoner was sober—Tait wanted to fight—I parted them; and kept Neale back for five minutes afterwards—on the 24th I was in Aylesbury Street at 4.45—Neale and his father stood at the brewery gate—the prisoner had his coat under his arm and his father had a switch in his hand—Tait was coming the reverse way with his coat under his arm, and was blowing his nose with a red handkerchief—Neale said to me "Harry"—I said "Halloo"—he said "Do you see that man coming?"—I said "Yes"—he said "I am going to knock Kim," and threw his coat down on the kerb—Tait was then 25 or 30 yards off—I did not stop till he came up, I went into the yard—the prisoner's father said "Stop a minute, Harry"—I said 'Not me, I have got two horses to look after," and I went away—the prisoner, half an hour or an hour afterwards, told me as how they had hold of one another—he said "We fell, and my head was underneath his chin, and when we fell the back of his head caught the kerb—I saw Tait, he seemed all right—I said "There are two horses for you to go and clean," and he cleaned two horses.
Cross-examined. The prisoner went with Tait to the hospital—he was as tiff as a poker, and you could not bend him at all.
CHARLES WROGG . I am a butcher of 66, Brooksbry Street—on 24th April, in the morning I was near the brewery, and saw the prisoner and Tait struggling—I came up in the midst of it—the prisoner threw Tait and "he fell, but the prisoner never went down at all, I am quite sure of that—
Tait was lying on the pavement with his feet about a foot from the kerb and his head towards the shops—his head did not come against the kerb—I went to the prisoner and said "What is the matter?"—he said "Me and him had a row last night, and it caused me to get drunk, or else it was to come off last night, so we was to meet this morning"—the prisoner put his arm under the deceased and sat him against the shops—he did not take him up, he only drew him along the ground and put him in a sitting position, and as soon as the prisoner loosed him he fell over on his left side, apparently through weakness—the prisoner then put his own clothes on and tied his apron round him and then lifted Tait up, who went a little way by the shutters of the shops and he held him up—he could not stand alone without being against the shutters, and as soon as he put him against the shutters Tait said "Where is my Missis?"—the prisoner said "I'll missis you"—I saw some blood on Tait's hair and on his left shoulder, but not by his ear.
Cross-examined. They were fighting when I came up—I say that the prisoner never went to the ground at all—they both had their coats, waist-coats, and hats off.
CAROLINE TAIT . I am the widow of the deceased, he was an odd man at the Cannon Brewery—on 23rd April, the prisoner followed us up Sutton Street—and my husband said "I think some of you must sit up all night for it"—I suppose he meant for the job—the prisoner said "No we don't sit up all night, but if you are there at 4, I will be there at 3, and if you are there at 3,1 will be there at two"—Gibson a drayman called for a pint of ale and handed it to the prisoner and said "Here, drink and have no more bother"—the prisoner offered it to my husband who put out his hand to take the glass of ale but drew it back and said "No, I will see you b——d first"—I stood between the two with my back to the prisoner, and my husband shoved me against the prisoner which upset part of the ale on the prisoner who said "There, there is a b——for you, he has shoved the old woman against me and upset the ale," and he tried to throw the rest of the ale in my husband's face, but it went on a gentleman standing against the partition—he said to the gentleman "I beg your pardon it was not intended for you" and called for another pint of ale—my son came in and got his father away—my husband left home next morning at 4.30 or 4.35 quite well—he had eaten a hearty supper before he went to bed—I saw him insensible at St. Bathelomew's Hospital at 7.30; he did not know me—the prisoner was quite sober on the Monday evening, but my husband was very drunk.
JESSE COLLUP . I am employed in the Cannon Brewery—on Tuesday morning 24th April, I turned out of Sutton Street and saw the prisoner dressing Tait with one hand and holding him up with the other—I said 'What are you doing, that man would never interfere with you if you did not interfere with him"—Neale said "It has nothing to do with you, you don't now nothing at all about it, if you have a mind to take it up I will b——y soon serve you the same"—the deceased could not stand—I did not remain because Neal said he would serve me the same, and I did not want to be killed.
Cross-examined. I was not afraid, but I went away.
HUBERT WEED . I am one of the house—surgeons at St. Batholemew's Hospital—the deceased was brought there on 26th April, about 7.15 or 7.30 a.m., absolutely unconscious—he had a small wound on the scalp, above and behind the left ear—he did not recover conciousness, he died at 10.30 or 10.35 the same morning—I afterwards assisted at the post—mortem examination
—he had a fracture of the skull extending from close to the wound, downwards and forwards to the base of the skull—one of the blood vessels supplying the membranes of the brain, was torn by the fracture in two places, and there was a large effusion of blood of the size of two fists, between the dura mater and the skull—the skull was considerably bruised—the cause of death was compression of the brain from the effusion of blood—the injuries I found were sufficient to account for that, and they would be very likely to be caused by a fall on the edge of the kerb.
Cross-examined. He would feel giddy if he went to his work afterwards,
JOSEPH WAKEFIELD . On 24th April, about 9.30 p.m., I took the prisoner and charged him with causing the death of Henry Tait—he said "I am very sorry for it, it is a bad job, we were in a public—house together last night, and Tait challenged me to fight and flung a flass of ale in my face. I told him I would see him to—morrow morning; the landlord came round to eject him from the house, and next morning I was in St. John Street, at the Cannon Brewery, standing against the gateway, and saw Tait coming up the street;. I met him and asked him how his temper was this morning, we both took off our clothes and then closed together, and both fell on the pavement; Tait underneath, and me on the top—I afterwards picked him up and dressed him, and he went down the stable yard—sometime after that I went into the stable and saw Tait lying in an empty stall, a cab was sent for and I assisted in taking him to the hospital"
H. A. ELLIOTT (re-examined). On the morning of the inquest I heard Neale say "This is a bad job, I wish it had never happened, I had hold of him, my hand was under his chin and he fell, and his head eatcked the kerb and I fell on top of him."
GUILTY — Twelve Months' Imprisonment.
MR. MILWARD conducted the Prosecution; and MR. M. WILLIAMS the Defence.
WILLIAM CRONIN . I live at 6, Hay's Court, Glasshouse Street, White-chapel—on Saturday night, 31st March, about 7 p.m., I saw the prisoner in a cart with another man, passing down Cable Street, at about 6 or 7 miles an hour—I held up my hands to him, as I saw a child in the road, and hallooed out three times to the prisoner, and at the same time attempted to save the child, but the cart was going two quick for me to do so—the horse escaped the child, but the wheel caught it and threw it on its face, and the wheel passed over its back—I picked it up—I saw nothing in front of the prisoner's cart.
Cross-examined. There was no van in front of him—the cart was about 7 yards from the child when I first noticed it; those 7 yards were all I had to judge of the rate of speed.
MICHAEL MURPHY . I am a labourer, of 49, Prescott Street—on Saturday night, 31st May, I was in Cable Street, and saw the prisoner driving at a smart trot, 6 or 7 miles an hour, and smoking a short pipe—I saw a child crossing the road, I hallooed to the prisoner, but he did not slacken his speed that I saw—the horse passed the child, but the right wheel caught the child and it fell on its face, and the wheel went over it—there was a clear road in front of the prisoner, but there were barrows on each side of the street—there was sufficient space in the road for two vehicles to pass—the barrows did not take up more than 3 feet of the road, and there were spaces between them where the child might be.
Cross-examined. The child ran out from between the barrows—after running over the child, the prisoner pulled up within 4 or 5 yards of where the child lay—the cart was 6 or 7 yards from the child when I saw it first, and that was all the opportunity I had of judging of the speed.
SOPHIA RILEY . I saw the prisoner in Cable Street, driving at a moderate pace, and the child in the middle of the road, I hallooed out and before I could say another word the child was run over—I saw no van in front of the prisoner's cart.
Cross-examined. I did not notice a van behind him, there was a good noise in the street.
By THE COURT. The child came out from between the barrows, and the man in the cart would not see it till it came out, but I dare say he could have pulled up if he had only tried.
DORCAS WALCH . On Saturday night, 31st March, I saw the prisoner driving a cart in Cable Street very quickly, and as soon as he passed me I heard screams and saw a little white—headed boy roll under the cart—the prisoner drove on and took no notice—I took the child to a doctor who said that he was dying fast.
By THE COURT. He did not pull up within 5 or 6 yards, but the people caught hold of the cart and made him stop—I turned my face to the doctor's shop which was close by.
JOHN CONSTABLE . I am a stevedore, and live in Back Church Lane—I am the deceased's father—he would have been three years old this month—he was not dead when he was brought home, but the doctor said that he was dying fast—he died at my house.
HENRY COOPER (Policeman), I heard screams, received information, and took the prisoner—I charged him' with causing the death of William Henry Constable—he said "I do not know whether it was me or the van in front"—he was sober.
NOT GUILTY .
MR. BESLEY and MR. HORACE AVORY conducted the Prosecution; and MR. M. WILLIAMS the Defence.
MARY HAYDON . I am the wife of Alfred Haydon, a chair maker, of 6, Portland Street, Soho—in June, 1876, the two prisoners came to lodge in my house; they occupied the first floor back room, furnished at 6s. a week—they had two boys with them—the elder boy went to school—the prisoners usually went out between 9 and 10 o'clock, and returned between 6 and 7 o'clock—I have heard the little boy beaten, I do not know by whom, but it was when the prisoners were at home—I once heard him cry, and I went to the door, and saw the mother—I told her I would fetch a policeman, and she pushed me out and shut the door—nest day the little boy had a cut on his temple and a bruise on his face—he was kept locked in the room while the prisoners were absent—his brother came home to dinner, and when he left, the door was left locked—I have seen the family at meals two or three times, the prisoners and the eldest boy sat at the table, and the little boy was in the corner of the room—I have given him food, we got up a ladder and put the food on the end of a long broom to the window, and he reached it—one of he lodgers had shown him how to open the window, he could just reach it—on one occasion we wanted to see whether he was hungry, and we put up;
some cat's meat, he began to eat it, he ate two or three pieces, and then we made him give it back, and gave him other food, which he ate very eagerly, we thought he would he would have fallen out at the window when he saw it—we gave food to him in that way several times every day till they went away—they were there about fire months—I heard blows with a strap in the room every day while the prisoners were both in the room—the other boy was sometimes there when the little one was beaten—I know it was the little boy who was beaten, because the bigger boy had come out while the beating was going on—I never saw marks on the bigger boy—the little boy showed me the strap—it had a buckle to it—I saw the same strap at the police-court; it was about an inch wide—I had a conversation with the female prisoner, and she said that there was no money wanted,. they had plenty, and she pointed to a cash—box—I do not know how they get their livelihood.
Cross-examined. I no not know that they have obtained relief on several occasions from a society for poor Italians—when I spoke to the mother at the door about beating the child, she said that he had been naughty—they spoke English—they paid their rent regularly.
By the COURT. The father was in the room when I spoke to the mother at the door, and he could hear what I said—I also spoke to the mother about the food the child had, and she said he had plenty, the same as the other—I never spoke to the father about it—they only occupied one room.
GEORGE HORTON . I am a harness plater, and occupied a workshop, at the back of Mrs. Haydon's premises—I was there from 8 a.m. to 8 or 9 p.m., but did not sleep in the house—I have seen the child beaten by both prisoners some dozens of times with a strap; he cried—I spoke to the landlady about it—I cannot say that I have seen each prisoner use the strap in the presence of the other—I saw marks on the child's right temple he next day after a beating—I never saw him at the table with his parents—I could see in to the room, my shop faces into it, and I have seen them at table dozens of times; they had meat and potatoes—the elder boy used to be at the table, but I could not see the younger one there—I have fed the child scores of times from the window—I got up a ladder and fed him from my hand, and he has eaten ravenously—I was present when the test was made with the cat's meat, to see if he was hungry, and he ate it the same as other kinds of meat—I did not speak to the parents, but I did to the landlady.
SERAPHINA CLEMENT (troche an Interpreter). I am a widow and live at 5, Ward our Street—the prisoners lived there about three or four weeks while I was there, up to March 10th or 13th, with their two children—they occupied the back parlour in the basement—I have been present when they took their meals, and noticed a little difference in their treatment of the two boys—the elder boy sat up at table, but the younger one was never at the table—I have seen both the father and the mother beat him sometimes with the hand and sometimes with a piece of wood or a stick, whatever was near to hand—this stick (With a large knob) was used to beat him—he was struck on the arm, or the hand, or the back—I saw bruises afterwards, sometimes on his face, and sometimes on his hapd—I was present when the mother accused the boy of stealing something, and as soon as she did so the father took hold of the child's hand and brought him next to the fire and put his hand on the bar of the fire without saying a single word before or after doing it—there was a fire in the grate and I saw that the child was burnt on the hand, he cried dreadfully—when I saw
that I was so raging mad and very nearly fainting that I rushed out of the room to call the landlady—I have seen the prisoners sometimes beat the child with a strap like this (produced).
Cross-examined. The burning the child's hand was two or three weeks before they were given in custody.
GRACE SAUNDERS . I am the wife of Alexander Saunders, of 73, Wardour Street—we lodged on the same floor as the prisoners—they were there three weeks and four days—there was no wall, only a wooden partition between their room and mine, and I could hear plainly what went on in their room—after they had been there a week I heard a child scream, it was a younger voice than that of the elder boy; it was one sudden cry and no more, as the cry was smothered—I could hear a strap as I thought—that occurred repeatedly in the day—time—I have seen the prisoners leave the house in the morning, and have seen the eldest child go to school—I have never tried whether the door was locked.
BUTCHER (Detective Sergeant G). I took the prisoners on 9th April, about 10.30 a.m., at 73, Wardour Street, and found this book there. (This contained a list of work done). I also found this stick and this strap without a buckle—I found the female prisoner and the youngest boy at home—I asked her if she was the mother of the boy—she said "Yes"—I said that I was a detective officer and had received information that she had been ill—treating him—I found on the child's right hand, near the knuckles, a large wound which had nothing on it, and was very dirty—there was also a wound on one finger—the child was very thin and I sent a man for the relieving officer from the workhouse—I saw in a cupboard three long French loaves, and some rump steak not cooked, and some cooked beef—the father came in after the medical man was there—I took off the child's clothes—he had on a jacket and knickerbockers and shoes, but no shirt or stockings—the other boy had a shirt and socks and everything right—I told the father what I was there for—he said that the child was delicate and could not eat—somebody went to the cupboard and broke off a piece bread and he ate that, and afterwards at Marlborough Street a gentleman offered him five or six little wine biscuits, and he ate the lot ravenously, a whole one at a time—he was weighed at the workhouse in his clothes, boots, and cap, and only weighed 32 lbs.—he has improved now in appearance and in flesh—he was filthily dirty and his head was in a filthy state—there was a folding mattrass, and in one corner of the room was a little heap of straw broken up very short, as it had been very much used.
JOSEPH ROGERS , M.D. M.R.C.S. I am a licentiate of the Apothecaries' Company, and visiting medical officer of the Westminster Union—on 9th April I saw the child, he presented a pallid emaciated appearance—he was apparently six years old; his feet and hands were cold and livid, there was a considerable bruise on his right temple, the middle finger of his right hand was much bruised, and there was a small ulcer on the finger next to it; and an ulceration behind each ear, which might have been from neglect and dirt, or from injury, or from the weak state of the blood—there were ulceraions on his toes, and a large ulcer on his right thigh, and another on the back of his right hand across the knuckles, the mark of which will always remain and so will those on the thigh, as there is complete loss of structure—that indicates a burn I think. (The child was called in and exhibited his and to the Jury). The average weight of a healthy child of that age is
about 43 lbs. and his weight was only 29 lbs. because his clothes weighed 3 lbs.; I weighed them myself—the emaciation was such as to endanger life—the glands of the groin were very much inflamed and it degenerated in to two abscesses which I have had to open—they arose from want of proper food and nourishment—I also found a mark on his forehead, and two mark 8 of what I think had been contused wounds on the outer part of the left side of—his head.
The Secretary for the relief of destitute Italians, stated that the prisoners had been relieved by them several times, but not since November, 1876.
Eighteen Months' Imprisonment each
MR. M. WILLIAMS and Mr. Charles Mathews, conducted the Prosecution.
JAMES BRIGGS . I am an undertaker, of 146, Kingsland Road—on 23rd April, 1877, I saw the prisoner Francis Charles Golding, who was a boot and shoe maker, at 5, 6, and 7, Bethnal Green Road—I had been acquainted with him a short time previously—he asked me to lend him 500l. on this lease from father to son, and I did so under the belief that it was a good lease—I received as security this indenture of 15th February, 1873—I saw him again in July, 1874, when he asked for a further advance of 500l. on this original lease. (This was dated 31st May, 1831, from, the freeholder, Thomas Yarrow, and purporting to be for ninety years.) He said that it was for 90 years, that it was the original leane which his father received, and that it had 45 years to run—I believed that and advanced the money in consequence—I wrote out this document for the" prisoners, and the prisoners both signed it. (This stated that in consideration of the sum 1,000l. they deposited the lease of the premises as collateral security until the repayment of the amount, and 8l. per cent, per annum interest. Signed Jeremiah Golding, and Francis Charles Golding.) I am the early part of 1876, Francis Charles Golding filed a partition for liquidation, and I attended a meeting of his creditors and gave value of my claim—I subsequently saw this other lease. (This was dated August 17th, 1858, from Yarrow to Jeremiah Golding, and was a fresh lease of the premises for 35 years to be compiled from Lady Day, 1857). That relates to the same property—that was the first time I knew that a new lease had been granted—I believed that I was holding the genuine lease—I took it to a solicitor and then saw that "nineteen years" had been altered to ninety.
Cross-examined by Jeremiah Golding. You never saw me to speak to till you were taken into custody—I never said that you and your son waited on me at my residence.
Cross-examined by Frederick Charles Golding. I know nothing about 'your private affairs—you may have said that you were cramped for capital—I was unfortunately co—surety with you for a friend of yours for over 100,000l. and we were called upon to pay; we agreed to pay by instalments—I let you have several sums when you said you had got bills to meet—you did not pay your share of the amount, but it has been paid; you received the money from one or two and made use of it—you showed me one or two of he receipts but not the last—you did not receive nearly the whole of these mounts before I had the last lease in my hands—you had 90l. and then 10l. and I was to make it up to 500l.; you had 976l. altogether—I asked you whether your father knew I was going to have the lease, and said "I want
your father's signature"—I said "Let me have that lease transferee! to me, and you become my tenant"—you said that you could do nothing without your father's consent.
WILLIAM JOHN YARROW . I am a clerk in the Phoenix Fire Office—in 1831 a lease was granted by my father, Charles Thomas Yarrow, to Jeremiah Golding, for nineteen and not ninety years—I produce the counterpart. (This was dated 31st May, 1831, from Charles Thomas Yarrow, to Jeremiah Golding, of certain premises for nineteen years from Lady Day, 1831.) On 17th August, 1858, my mother and I, granted another lease, of which this (produced) is the counterpart, the old one having expired by fluxion of time. (This was for thirty—five years for the same premises.)
ROBERT WILLIAM REGG . I am a clerk to Wyatt and Barnard, solicitors to the Simplified Building Society—I produce a lease of 17th August, 1858, between Mrs. Yarrow and her son, and Jeremiah Golding, and a mortgage of the lease, dated 28th May, 1872, from the two prisoners to the Simplified Building Society.
GEORGE COX . I am a solicitor of 4, Cloak Lane—I produce a second charge, dated September, 1873, between the two prisoners and Messrs. Figg Waldron, and Pate—I am attesting witness to the signature—I have compared the signatures to which I am attesting witness with those on this receipt and mortgage, and in my opinion they are the same writing.
SAMUEL RAWLINGS (Policeman 34 G). On 2nd April I took Francis Charles Golding as he was leaving the House of Correction—I read the warrant to him and cautioned him; he said nothing then but afterwards he said "I did not think that the lease would have cropped up as I came out with the determination of paying everyone their own"—on 5th April, I apprehended the elder prisoner—he said "I did not know nothing about it until I saw it in the paper, and if it has been done my son must have done it"—when he was charged at the station he said that he had not seen the lease since the fire.
Cross-examined by Jeremiah Golding. "We had a great deal of trouble to apprehend you, you changed your address and you were going to remove again next day.
Jeremiah Golding's Defence. I was very ill in bed at this time, and my son drove up to where I was living at Stoke Newington, and said "Father I want you to sign this paper for me." I said "What is it?" He said "You remember you gave me a lease of the premises for nineteen years, and Mr. Briggs wrote this out, and if you sign it he will be satisfied with it "I signed it as he had a cab at the door, and had but a few minutes, but until it was read here I did not know the contents of it. I signed it because my son represented that he was going to deposit it with Mr. Briggs as security for what he owed him. When my wife died it shook my nerves very much and I lost the use of my hand and could not carry on my business, and my son took this cottage for me, and bought an annuity on my life, and I had nothing to do with the business for years, and what he borrowed or what he did I know nothing about; but unfortunately I did not separate my name from his, it was still Golding and Son, and therefore his creditors made me liable and sold my bed from under me. I left a good business to him, but be became answerable for another person to the amount of 2,000l. I am nearly eighty years old.
Francis Charles Golding's Defence. I found this old lease in the house after my father left, behind a chest of drawers where it appeared to have
been many years. Seeing its date I believed it was of no value, yet knowing that another lease was mortgaged to a building society, I took no notice of it to my father, thinking that as he was ill if anything happened to him I should be in the right if it proved an original, and being pressed by Mr. Briggs for money, I did hand him the lease. I was not acquainted with its worthlessness, until this charge, when it appeared that it ought to have been for nineteen rears, instead of ninety.
JEREMIAH GOLDING— NOT GUILTY . (See page 49.)
FREDERICK CHARLES GOLDING— GUILTY — Five Years' Penal Servitude.
THIRD COURT.—Wednesday, May 9th, 1877
Before Mr. Common Serjeant.
GUILTY — Eighteen Months' Imprisonment.
MR. STRAIGHT conducted the Prosecution.
WILLIAM TURNER . I keep the Merry Monarch public—house in Herbert street, Hoiton—I have two brothers, Samuel and Joseph, Joseph is the prisoner's husband—he has been married to her fourteen years—I assisted Joseph to take a public-house, at Ramsgate, in 1871—between 1871 and 1875, I paid him many visits, and observed the prisoner's conduct—ultimately on the certificate of two doctors she was placed under restraint at the Peckham House Asylum—Joseph was compelled to give up his public-house, and he came and served Samuel, as barman—when the prisoner was discharged from the Peckham Asylum in September last year, she came to ay house and annoyed me several times—I threatened to give her into custody and she did not come after that, but she sent me abusive letters and post-cards—I have received seven in one day—I have burnt several—in January last, I received fourteen post-cards and one letter, in February, twenty-two post-cards and another letter, and in March twenty-seven post-cards and five letters—on the 31st March, I received the post-card attached 3 the-depositions—this letter I received on March 3rd. (These were of an indecent and otherwise offensive character.) They are the, prisoner's writing.
Cross-examined by the Prisoner. I assisted you financially and in superinimding the business—our family have not ill-treated you; I did not steal coats and things to cover my own nakedness.
Re-examined. I have been in business two years—I have had several houses—I never took anything from the prisoner—her intemperance would have ruined my brother.
I removed her to Peckham House Asylum—I first tried to reform her—I produce a packet of post—cards in the prisoner's writing which I received; I have received others which I burnt.
Cross-examined. I took you to the Asylum in June, 1875, I used no more force than necessary—my wife took nothing of yours.
Re-examined. Neither I nor my wife ever took anything from the prisoner—her husband sold her home in consequence of her being taken away and her intemperate habits—my brother—in—law was a very hard working man.
SAMUEL TURNER . I keep the Windsor Castle Inn, Old Kent Road—I have been there seven years—I am a brother of the prisoner's husband—when the prisoner was taken to the asylum, her husband came to me as barman—he was with me ten months from September, 1875—I gave him one guinea a week and his board and lodgings—when the prisoner came from the asylum, she called at my house four times to ask after her husband—once she asked for half a crown to pay for her lodgings—her husband left my service because he thought she would be an annoyance to me—I have since received forty—three post—cards, one envelope, and six letters in her writing.
Cross-examined. I told you not to come and annoy me or my family—I did not tell you your husband was living with a woman in Rye Lane—you were in the asylum six months—I do not think your husband was with me four months after that.
Re-examined. I employed the prisoner's husband, to enable him to support her—he was paying guinea a week to the asylum for her.
The prisoner read a written statement to like effect that she had been ill-treated, robbed and deprived of her home by lire husband's family.
HENRY MOIN . I am the prisoner's brother—I heard of her mental ailment, and knew of her confinement—I know nothing of her life after she left the asylum—I paid money for her support on her coming to London, and have been repaid.
Cross-examined by MR. STRAIGHT. I supported the prisoner from September to December—her husband then was starting in a new business, and was anxious she should not know his address—he paid me.
GUILTY— Six Months' Imprisonment.
MR. BESLEY conducted the Prosecution; and Mr. De Miceele defended Britton.
THOMAS BELL . I contract for the Refreshment Department of the Gaiety Theatre, I live with my wife at 42, Tavistock Street, Covent Garden—on Monday evening, March 19th, we left to go the Gaiety Theatre—I left our dog quite well in the lobby, as I usually did—no person was left—I locked the place up safely—I came back about midnight and found the place in possession of the police—I missed, besides articles of clothing, two pipes, an umbrella, two sets of earrings," and seven razors—I have seen that property since—it is all mine—the total value of the property taken is 100l.—I had the pipe case made expressly for myself—when the pipe was found on the prisoner I said "You will find the case at his lodgings," and it was found there—it is' a button-hole pipe—the earrings are my wife's—the dog was very sick and stupid when I returned, as if some one had given it poison.
Cross-examined. I never saw you in my life—I could swear to the pipe by a mark on the bottom of the bowl.
LOUISA BELL . I found this piece of paper on the stairs after the burglary, and handed it to Detective Boyell—it is a piece of the "Church Review" of September 4th, 1875—the earrings produced are mine—I have had them eighteen months.
WILLIAM BOYELL (Detective Officer E). I know Britton by sight—on Monday evening, the 19th March, about 9 o'clock, I was at the corner of Drury Lane and Russell Street—I saw the prisoner in the doorway of afraid fish shop—Detective Alison was with me—I afterwards went there, and examined the paper used there, and found several numbers of the; "Church Review" of 1875—the piece off paper given to me is of the same newspaper—I have been to all the other fried fish shops I know of in the neighbour hood, but could not find any numbers of the "Church Review"—I saw the prisoner again between 10 and 11 o'clock in Wellington Street with two others—about midnight I was called to 40, Tavistock Street—I found the lock of the front door had been tampered with by a wrong key—the sitting-room door on the first floor had been forced open by some instrument, and the place was all turned about—Mrs. Bell then gave me the piece of paper (produced)—it had had fried fish in it—it smelt of fish, and some fish bones were sticking to it—I went with Alison to 6, Princes Street, between 8 and 9 the next morning, but the room was empty—on the 26th, about 7a.m., I went to Castle Street, Long Acre, with two constables, where I found the two prisoners in bed—I told Britton I should take him into custody for a burglary committed at 42, Tavistock Street—he said "You can take me for what you like"—I searched the place—and found some duplicates—I told carried not to give unnecessary trouble, and she handed me this bag, in which I found this ticket for the umbrella, dated 24th March, 1877, pledged by Ann Harding for 1s. 6d.,—I found this pips on Britton—I showed it to the prosecutor in the prisoner's presence, and asked him how he knew it—he said it was a wire rope, and was damaged at the end, and that there was a case to it—I searched and found the case—I also found 5l. on Britton—I asked Caird twice about another pipe, a buttonhole pipe—she said she had given it away to a man she did not know in the Dials, she could not describe the man—I asked her if she had pawned anything for Britton—she said she never had.
Cross-examined. The razors, pipe, and umbrella are all I have been able to trace—Britton smoked the pipe as we took him through the streets—he asked the prosecutor several questions, and the prosecutor replied that he could swear to his pipe.
JOHN ALISON (Detective Officer E). From information I received I went to 48, Castle Street, Long Acre, on the evening of March 27th, I saw Caird and asked her if she had pawned anything at Clark's, in Long Acre—she said she had not—I took her to the stations—she asked what she "was detained for—I told her it was for the pawnbroker's assistant to identify her—I told her she would be placed with other women, and tested whether she was the person who pawned them—she then said she did pawn them—she denied having pawned anything else—she said she had the earrings from four men on the Dials, who gave her a shilling to pledge them—she said she did not know them except by sight.
on March 20th, about 6 o'clock in the evening, by Caird in the name of Harding, of 41, Long Acre, for 18s.—I have known her before as a customer.
STEPHEN COOKSEDGE . I am assistant to Mr. Burgess, pawnbroker, of 124, Long Acre—the gold earrings were pledged with me on the afternoon of March 20th, for 9s., by Caird in the name of Emma Harding, of 49, Earl Street—I have known her before as a customer.
Cross-examined. I do not recollect saying before the Magistrate "I have no idea of the date when I bought them, it might be the early part of February"—I think I am entitled to buy razors to use—it is the only thing I do buy—I could buy those new for about 10s. or 12s. 6d
Witness for Britton.
BRITTON GUILTY *— Eighteen Months' Imprismment . CAIRD GUILTY on the Second Count — Nine Months' Imprisonment.
FOURTH COURT.—Wednesday, May 9th, 1877.
Before Mr. Recorder.
MR. PURCELL conducted the Prosecution; and MR. FRITH the Defence.
WRIGHT KIRLEY . I live at 25, King Street, Snow Hill—on the evening of 25th April, I was at the corner of Great Windmill Street, and was going into a public—house, when the prisoner, who was leaving the public-house hustled me—I said "I beg pardon, allow me to pass"—he said "It is rather crowded here"—I said "Yes"—he took one step out of the public-house, and put one hand like this, I said "It is gone" and he held up his finger—I said "All right old fellow I am after you," and I followed him close up behind and caught him in the middle of the road and gave him in charge—my watch was only attached to a ribbon, but he took it off the bow.
Cross-examined. I was cross-examined at the police—court and said that did not see or feel him take the watch, the compartment was rather crowded—I am a stranger to that neighbourhood—there were from three to five females in the compartment, people were not trying to get in and out at the same time—there were three of us, two friends and myself—there was no one trying to come out but the prisoner—he was going away between a walk and a run—I told the inspector that I did not see him take it, he asked me when I last had it safe and I said "Just before entering the house"—I am sure it was not five minutes—I had been taking a quiet walk and had had one glass to drink—I might say I am a teetotaller, I never signed the pledge—I never lost sight of the prisoner, the watch was not found on him—I had not been to see people coming out of the Argyll rooms.
Re-examined. The prisoner hustled me just inside the public-house—the females were near at the time.
EDWARD KIRLEY . I live at 12, Gloucester Street, Queen's Square—I was with my brother and heard him cry out "I have lost my watch"—I saw the prisoner rush across the road between a walk and a run—he got 3 or 4 yards before he was caught.
WRIGHT KIRLEY (re-examined). I did not take my brother to the Argyll rooms to see the people come out—I left business at 9 o'clock, and took a walk round the neighbourhood, it being the first time I had seen my brother for nearly twelve months.
HENRY RUTHERFORD (Policeman 57 C). I took the prisoner at the corner of Coventry Street—I previously saw him coming from the public-house very sharp and the prosecutor after him—he was given into my custody and I charged him—I searched him and found a brass chain on him, as though he had a watch on and this paper (produced).
Cross-examined. It was twenty—five minutes before closing time.
NOT GUILTY .
It was stated that the prisoner had been four times acquitted and eight times convicted.
MR. FRITH conducted the Prosecution.
MOSES HARTMAN . I live at 59, Great Gordon Street, Mile End, I am a painter and glazier—on 18th April, about 1 a.m., my wife and I were in bed, she roused me—I went to the back window looking into the yard, and Found it open, and the prisoner half—way in—I opened the door so that I might get out, and the prisoner followed me and caught hold of me and tore my sleeves out of my shirt—I got him down and we rolled on the pavement outside—I hallooed for the police and he was taken—the window was shut when I went to bed—I am quite sure I fastened all round—there is a lodger upstairs on the first floor—I never saw the prisoner before.
Cross-examined by the Prisoner. When I first caught hold of you we were in the passage—you did not say that a young woman had brought you there.
GEORGE WITHEY (Policeman H 213). I saw the prisoner down on the pavement at the prosecutor's house—the prosecutor called to me to take him in charge, and I charged him with attempting to enter his house from the back premises—the prisoner said that he went there with a girl.
Cross-examined. Two policeman came up after I did, and an inspector—I did not hear him make any remarks to you—he told me to keep you in custody.
LEAH HARKMAN . I am the prosecutor's wife—on the night of 18th April I heard a noise and roused him, I looked at the back window which was open and saw the prisoner frying to get into my room—I did not see what my husband did—I next saw the prisoner in the police—court—the window 'was shut when I went to bed—the door was closed—when my husband got up I heard him open it but I could not say how it was when I went to bed—there was another woman in the house ill in bed—she fell downstairs with a tub of water two days before.
Cross-examined. I did not see what my husband did in the passage; I was too much upset with fright and hearing my baby cry—I heard him open the door to call "Police" and you went to punch him.
Prisoner's Defence. I had had a little to drink and was coming home from work about 12 or 1 o'clock and met with a young women, she said "Will you come home," and I went home to this passage. It was very dark. I went in the passage and the girl said "Stop a minute, I will get a light." I was standing there a few minutes trying to get out of the passage. "I
think I must have knocked against the partition and woke them up, and the prosecutor came out and said "What are you doing here." When the police came the inspector said, "You had better take him down."
GUILTY .He was further charged with a previous conviction in October, 1869, to which he
PLEADED GUILTY. Eighteen Months' Imprisonment.
OLD COURT.—Thursday, May 10th, 1877.
Before Mr. Justice Denman.
MR. STRAIGHT and MR. MEAD conducted the Prosecution; and MR. METCALFE, Q.C., the Defence.
The particulars of this case are unfit for publication.
GUILTY . Five Years' Penal Servitude.
NEW COURT.—Thursday, May 10th, 1877.
Before Mr. Recorder.
MR. GRAIN conducted the Prosecution.
FANNY CROOK . I am the wife of George Crook—in October, 1876, I was in the employ of Mr. Whiteley, of Westbourne Grove, and on that day Russell looked at some costumes, she selected one, price 1l. 11s. 6d., and gave her name Mrs. Reid, Hereford Square, Brompton—she banded me this cheque. (This was on blank paper for 9l. 14s., payable to Mrs. A. Reid, or order, signed J. G. Reid, and dated 23rd October.) I asked her to put her name on the back, and she did so and asked for the change, which I gave her—the dress was sent to the address she gave and was returned three or four days afterwards.
HANNAH TODHURST . I am an assistant at Swan and Edgar's, Piccadilly—on 8th December, Russell came there and selected a mantle, value 2l. 9s. 6d.,—she presented this cheque. (This was dated 8th December, 1876, on the Consolidated Bank, for 8l., payable to Mrs. Murray, or order, signed J. C. Murray.) She had selected articles in author department, and the total was 4l. 7s.—I gave her the change and she gave her name Mrs. Murray, Westbourne Square, Bayswater—the goods were sent there and were returned the next day.
CHARLOTTE LASCOMBE . I am assistant to Messrs. Grant and Gask, silk mercers, of Oxford Street—on 9th December, Russell came and selected mantles to the amount of 31. Us. 6d.—she gave her name Mrs. Murray, 19, Kildare Gardens, Bayswater, and handed me this cheque. (For 10l., payable to Mrs. Murray, or order). She endorsed it "A. Murray" in my presence—the goods were sent the same day, and afterwards returned.
two cheques were presented and marked "No account," this other cheque has not been presented, but if it had been it would have been returned.
JOHN WHINECUP ARMSTRONG . I am assistant to Hailing, Pearce, and Stone, of Pall Mall—on 29th January, Russell came there and selected some evening dresses to the value of 4l. 9s.—she wrote her name "Mrs. Henderson, 12, Gloucester Terrace," in this book (produced) in my presence and gave me this cheque for 10l.—I gave her the change. (This was on the London and Westminster Bank, for 10l., payable to Mrs. Henderson, or order, J. C. Henderson, 29th January, 1877). It was not sent to the bank because the goods were sent and returned.
ROBERT PITTS . I am assistant to Redmaine and Co., of New Bond Street—on 29th January, Russell came there alone, and selected a ball dress, value 5l. 7s.—she gave the name of Henderson, Gloucester Terrace, Hyde Park—She gave me this cheque and I gave her the change, and left the cheque with the cashier. (This was for 10l. in favour of Mrs. Henderson, on the London and Westminster Bank.) It was not sent to our bankers because when we sent the goods they were returned—I then communicated with a number of tradesmen, including Messrs. Hitchcock.
JOHN HENDERSON . I am a barrister, of 12, Gloucester Terrace, Hyde Park—I have no account at the London and Westminster Bank—I know nothing about these two cheques—I—had not ordered any goods from Redmaine, or from Hailing Pearce, and Stone.
MARY ANN WRAPSON . I am assistant to Messrs. Hitchcock and Co., silk mercers, of St. Paul's Church Yard—on 23rd March, Russell came and selected three mantles, value 5l. 13s. 3d., and she gave her name Mrs. Grenville, 90, Gloucester Place—she did not say which Gloucester Place—she gave me this cheque. (This was on Glynn, Mills, and Co., for 10l., in favour of Mrs. Grenville, or order.) I asked her to endorse it and she did so—I took it to the cashier, and in consequence of what he told me she was given in custody.
GEORGE MANN (Detective Officer). I was sent to Messrs. Hitchcock's, and saw Russell there—I told her I was a police officer, and asked her whether she knew the endorsement on this cheque—she said "Yes," and that she had just endorsed it and tendered it in payment—I showed her the face of it, and she said that is in my husband's writing, he wrote it this very morning '—I said "How is it your husband does not give you printed cheques 1"—she said "He cannot, for he has—mislaid his cheque—book"—I said "What are you?"—she said "l am a lady, I live with my husband at 90, Gloucester lace" Place"—I said "Gloucester Place"—she said "Gloucester Place, Portman Square"—I said "Would you mind writing it in my pocket—book?"—she said "No," and she wrote "M. Grenville, 90, Gloucester Place"—I said "You have not put Portman Square"—she said "No, never mind that"—I said "If I go to that address shall I find it right?"—she said "No, it is all false, neither have I or my husband any account at any bank, and he has sailed this very morning for Sydney, Australia"—seeing her hand in her
pocket, I said "What have you got there 1" and she handed me this other cheque on Glyn's—I took her to the station—I looked well before I went in and before I came out, but saw nothing of Stewart—I had been looking for him for a month.
Russells Defence. What I did was done by my husband's directions, and the money will be repaid very soon.
A marriage certificate was handed to the Court, buff no proof was given that it applied to the prisoners, although the names were the same; but (he Court considered that it would make no difference, as the male prisoner was never present at any of the, utterings.
MARY ANN RUSSELL— GUILTY— Judgment respited. (See Half Yearly Index).
455. JAMES SALE (46), and EDWARD BURFIELD (42) , Unlawfully conspiring to steal divers goods of William Woods and others, the masters of Sale, to which SALE PLEADED GUILTY . Nine Months' Imprisonment.
MR. W. SLEIGH conducted the Prosecution; and MR. C. MATHEWS the Defence.
EDWARD WILSON BROWN . I am a provision dealer of 16, Market Street, Borough Road—I have been acquainted with Burfield eighteen months or two years—during that time he sold goods for me and travelled for me—I have seen him write—I have looked at this document (produced) two or three times, and the more I look at it the more fog I am in, but it looks something like the prisoner's writing—he mostly wrote with ink, but I have had his writing in pencil—if it was in ink I could say more about it—it is something like his wording.
BURFIELD— NOT GUILTY .
456. EDWARD BURFIELD was again indicted for feloniously receiving three canvas bags, the property of William Woods and others, well knowing them to be stolen; upon which MR. W. SLEIGH offered no evidence.
NOT GUILTY .
MR. PURCELL conducted the Prosecution; and MR. C. MATHEWS the Defence.
DAVID CASHMAN . I am a sailor, and am living at 14, Welclose Square—on Saturday fortnight, between 10 and 11 p.m., I was standing outside the door, and saw the prisoner there by a cab—he came up and looked me in the face—I asked what he wanted, and he walked away and used some words, which I think were" son of a bitch," in his language—I saw a sheath—knife in his hand, and said "Oh, he has got a knife in his hand," and before I could turn round he stuck the knife in my shoulder and ran away—I followed him about four doors, and he hid himself under a seat—I had not touched him.
Cross-examined. I had never seen him before—Thomas Greathead was;
with me, he has not been subpœnaed—I was not the worse for drink—I had only had a little drop.
JOHN LINAHAN (Policeman H 196). On 21st April I was called to Wilton's Music Hall—Cashman told me he had been stabbed, and that the man had ran upstairs—I followed and saw the prisoner trying to conceal himself under a seat—I took him in custody, and afterwards went back to the seat and found this knife—when I charged him he said "I have no knife."
Cross-examined. He spoke in imperfect English—he afterwards said "There were three men into me, I tried to defend myself. I made no attempt. I did not intend to throw it away."
The Prisoner's Statement before the Magistrate. "I am innocent. I drew the knife to frighten him. He struck me in the arm, and in doing so his arm struck the point. I did not intend it. I kept saying 'I have a knife.' The prosecutor had a knife in his hand."
D. CASHMAN (re-examined.) I had no knife.
GUILTY of unlawfully wounding. Three Months' Imprisonment.
THIRD COURT.—Thursday, May 10th, 1877.
Before Mr. Common Serjeant.
458. JEREMIAH GOLDING (80), and FRANCIS GOLDING (49), were again indicted (See page 39) for unlawfully obtaining 500l. of James Briggs by false pretences, upon which Mr. M. Williams offered no evidence.
NOT GUILTY .
MR. ATTENBOROUGH conducted the Prosecution; and MR. M. WILLIAMS the Defence.
JOHN HANKEY . I live at Chapel, Street Mary Fair—on April 6th, about 12.30 p.m., I was walking with my wife in Piccadilly—the prisoner and another man passed us several times, and near Berkeley Street the prisoner snatched my watch chain which broke it—he ran away, my wife called police and ran after him—a policeman ran after him and I saw him taken—I did not lose sight of him—he only got away about 20 yards—this is the chain produced—the value is 5l.—the prisoner pulled out a watch and chain when he was in custody and said to me "Is that yours"—I said "No"—a policeman showed me my chain on Monday the 9th, at Marylebone police station.
Cross-examined. The prisoner ran into Berkeley Street, I was still in Piccadilly; I could still see him.
SOPHIA HANKEY . I was with my husband—the prisoner and another young man passed us three, times—when we came to Berkeley Street, we passed on a few steps I going on one side, and my husband on the other side of the prisoner, who was sitting down—as soon as we passed, the prisoner rushed between me and my husband, and snatched my husband's chain—I turned round and called "Police" and the prisoner ran into Berkeley, Street, and slipped and fell—I tried to get hold of him—he was too quick, he crossed the road and I and my niece followed him and saw him taken—I never lost sight of him.
HENRY MILSON (Policeman C 215). On Saturday evening, April 7th", I was on duty under the dead wall in Berkeley Street—I saw the prisoner make a desperate attack on Mr. Hankey—I gave chase for about: 30 yards
and took him after some difficulty near the St. James' Hotel—I only lost sight of him as he fell—I did not see him do anything with the watch.
Cross-examined. He went round a corner—I did not lose sight of him then.
Cross-examined. The area of St. James' Hotel is in Berkeley Street, round the corner.
GUILTY . Twelve Months' Imprisonment.
MR. FULTON conducted the Prosecution; and MR. M. WILLIAMS the Defence.
LOUSIA LEONARD . I am married, but living apart from my husband at 8, Great College Street—on 4th April, I met the prisoner near Charing Cross—he said he would write me a letter—I received a letter next day—he came on the Thursday when I was moving from my last residence—my friend Emily Ashton was with me—he came with me to College Street—he said he was Lord Willoughby—he came and sat opposite me in the room, my friend being present, and said he wished to talk to me very seriously, he had a nice house at St. John's Wood, and I must give up my apartments and go there by 8.30 on the following Saturday, to meet him there to dinner—the address was Alpha Villa, Abbey Road—he said I was to have a carriage and pony and a nice little page and several servants, and whatever I did I was not to associate with the servants—he then asked what jewellery I had and said "I suppose it is all rubbish"—I said "Unfortunately it is" and showed him the rings on my finger—he asked for a plain ring which appeared to fit me the best, for a pattern, saying he would send me some better ones by a commissionaire from the Army and Navy Club, he belonged to that club, and if I wanted any more money I was to apply there for it—I said "You could take the size of the ring without taking the ring"—he said the had given a ring to another young lady and had lost it through not taking the size, and he took it—I also had some filagree earrings—he said He admired the patterns, but that they were rubbish, and if I would allow him to take them he would have them made in real gold—he shewed me a ring on his finger which had been left him through his ancestors 500 years before Christ—he put the earrings in his pocket—he then asked for pen, ink, and paper, and when it was brought he wrote on it and I was to give it to Messrs. Howell and James, as he wished me to have good clothing—he also enclosed a cheque in an envelope which he took from his pocket book—he said "Don't unseal it because they will think it is not from the Lord"—I was to take it to the London Bank, No. 12, Lombard Street—he looked at his watch now and then, and at last said "It is time you went to the bank otherwise you won't get this money"—after sitting a little while longer, my friend and I went out with him, and in' the street he said "Oh what a nuisance I have sent my brougham away, have you any loose change in your pocket?"—I said "Yes, I have 15s."—he said "Will you let me have it because you will have plenty when you get to the bank"—I said "You can lake 4s. if you want it only for a cab"—I handed him my purse showing him the amount I had—he said "You may as well let me have it all because you will have more than enough when you get to the bank, 13l. 10s. will be
more than enough"—I objected to his taking the 10s—he took it and laughed, and added "Don't be afraid"—he threw the purse into the road—he then called a cab and said "You had better get in this cab and make haste and get to the bank, it is open till 5 o'clock, close the windows"—we got in and drove away, but subsequently changed our four-wheel cab for a Hansom because we were not going quick enough—we presented the sealed letter in Lombard Street, the clerks consulted and then said it was a swindle—I did not get any money—I have not since seen my earrings, my ring, or my money—on 19th April, I saw the prisoner in Tottenham Court Road, I was going with my friend to have lunch at the Horse shoe—I said "There's the Captain"—I said to him "How are you, you never gave me what you promised"—he said "You be off, I do not know you, I will give you in custody, who are you?'—I said "I think it is my duty to give you into custody, you have taken my things and it appears to me I shall never see them again"—he walked along quickly and then ran across the road; we followed—I next saw saw him in custody and charged him—I have no doubt he is the same man.
Cross-examined. When I first met the prisoner he asked me where I lived, I said "50, Cherrington Street)"—I expected better jewellery and earrings—I believed every word, he told me.
EMILY ASHTON . I live with the last witness; I recollect the prisoner coming to 8, Great College Street, on a Thursday, in April—he said he was Lord Willoughby—I was present the whole time—he said he had a house at St. John's Wood, and would take my friend to live with him where she was to have servants and a page, and she was to be careful not to associate with the servants—then he said to her "Let me look at the size of your finger"—I was with her when we saw him in Tottenham Court Road—I am sure the prisoner is the man; I saw him run away—he was given in custody.
JOHN COOK . I live at 24, Fitzroy Place——I saw the prisoner and a crowd on a Friday, in April, running into Gower Street, from Euston Road——I asked the ladies what was the matter and then ran after him—he got into a cab; I got hold of the horse's head—he said "Drive away cabby, take no notice of him, hit him with your whip"—the cabman hit me with his whip, but' the prisoner finding it was no use jumped out on the other side of the cab—he was taken in custody.
ELESS SPURRELL (Policeman ER 25). I took the prisoner at 5 o'clock, on April 20th, in the Euston Road—he said "Come round a corner in one of the houses; I am perfectly, ashamed of this crowd running after me"—Cook then came up and said that he had robbed two ladies—I took the prisoner back to meet the ladies, who told me the charge in his presence—he said nothing.
Cross-examined. He bad 4l. in gold, and five rings, and an umbrella on him.
MR. WILLIAMS submitted that there was no larceny, the property was entrusted to the prisoner by the prosecutrix, and although it might amount
to an obtaining by false pretences, it was no felony. Mr. Fulton contended that if it was obtained by a trick with the intention to deprive the owner of it, that would amount to a larceny and The Court so held.
MR. FULTON conducted the Prosecution; and MR. M. WILLIAMS the Defence.
LOUISA VICTORIA HOWARD . I am single, and live at 4, Limerston Street, Chelsea—on April 18th, I was getting out of an omnibus in Limerston Street, when I met the prisoner, who asked me the way to Gertrude Street—I told him the way and as he passed my house, I asked him if he would come in—he came in and said he would make an appointment for the next day—I had a letter next morning, and after that the prisoner came—he said he would not tell me who he was, but afterwards he said he was Lord Willoughby—I had some flowers in my grate which were rather faded—I said I was going to have them done up by contract—he said "Don't do that, I have a proposal to make to you, I have been keeping a little woman, but have left her three months"—then he said he thought I took his fancy and that he would like me; that he belonged to the Army and Navy Club—I said I knew some one there—he said he knew that—I said "Why?"—he said he would not tell me—he then said he should allow me 10?. a week pin money, and that I should have a pony and carriage, a page and a hack for the park, and that he would pay my debts and buy me dresses—he said he would Bend me some jewellery next day as I had not sufficient to please him, and a watch and chain, four rings, and 50l.—he took one of my rings for a pattern—he wanted to take other things, but I would not let him—he gave me a cheque for 13l. 10s., upon the Bank of London, and wanted change—I gave him 11s.—he also gave me an order to Messrs. Howell and James, for 400l. for dresses, I presented the letter—I did not get the dresses—I saw him next at the police—station—I have no doubt the prisoner is the man—this ring (produced) is mine.
Cross-examined. I believed all he said—I was very pleased—I gave him the ring for him to take the size of my finger; I expected a better wedding ring and a diamond keeper.
WILLIAM REDSTONE (Inspector Officer Y). I took this charge against the prisoner and found the ring produced upon him, with four others—the last witness identified him in the police—court cell—he was placed, with other prisoners.
GUILTY— Five Years' Penal Servitude.
There was another indictment against the prisoner.
Before Robert Malcolm Kerr, Esq.
Before Mr. Justice Denman.
MR. MONTAGU WILLIAMS and MR. FULTON conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. M. WILLIAMS conducted the Prosecution; and MR. COOPER the Defence.
JOSEPH RUSSELL (Police Inspector of the Great Eastern Railway). The prisoner was employed as gas fitter at the company's works at Stratford—at 10 o'clock, on the 7th April, I went with Superintendent Herrington to the prisoner's house No. 2, Topham Terrace, Leytonstone—it is a private house, and there is no sign of business being done there—I saw the prisoner's wife—I went into the back kitchen, and found eight engine cleaning cloths belonging to the company—I then went into the back bed—room and saw a large quantity of gas fittings of every description all over the floor—believing they were the company's property I went to the gas works—I saw the prisoner and told him what had found at his house—he said "I hope you won't lock me up"—I said I must do so—he said "If you will allow me to go and see Mr. Little, my master, I can explain to him"—I told him I could not do so—I went to the prisoner's house with William Land, who identified some of the goods as the company's property—since the prisoner has been in custody I have compared the goods produced her to—day with the stock in the stores, and find they are similar—I asked the prisoner if he wished to account for his possession of the things—he said "No, I do not."
Cross-examined. These gas fittings are supplied by William Defines to the company—he might sell thousands to other companies—I do not think you can buy them at any gas fitter's—I have not been to try—there is no special mark upon them—the T body came from the stores—it is like one found on the prisoner's premises.
GEORGE FREDERICK JOURDAIN . I live at 1, Buxton Road, West Ham, and am chief warehouseman at the Great Western Railway stores at Stratford—I believe the engine cloths produced belong to the company—I produce one of their cloths to compare—they are purchased at Manchester for the company—property of this description has been missed.
Cross-examined. Many railway companies use similar cloths—they are made by the 1,000 yards—the make is peculiar to this company—the border comes out in washing.
WILLIAM LAND . I am gas superintendent to the Great Eastern Railway—on 17th April, I went with Herrington to the prisoner's house and found several things precisely similar to those used by the company, and amongst; them two brass light bodies, similar to some I had seen in the printing works belonging to the company, where the prisoner had made alterations in July last, according to my directions.
Cross-examined. These things should be returned to the stores—they are not always returned—the prisoner had been employed by the company about eighteen months—he came from Chatham, he is a skilled man—I heard he brought some gas fittings from Chatham—there is no special mark on them.
Re-examined. I never heard of our men keeping these things in their ed—rooms.
WILLIAM TURNER . I live at 3, Ladwell Street, West Ham, and am a sorekeeper, in the employ of the Great Eastern Railway Company, at their works at Stratford—the light bodies shown to me by Russell ought to have been returned—they were never returned.
Cross-examined. I never asked the prisoner to return them—I knew he had them.
HENRY KELLY . I live at 30, Station Street, Stratford, and am foreman gas fitter to the Great Eastern Railway—I have looked at some of the gas fittings produced—they are the company's property; the prisoner was employed by the company in July last—I removed a light body from the company's printing office—it corresponds with those found at the prisoner's house.
Cross-examined. I only know it is like those in the prisoner's possession—there are no private marks on them.
THOMAS REA . I am foreman of the smith's shop at Stratford, belonging to the Great Eastern Railway—I produce, a piece of steel with the name Austin and Dodd on it, which was shown to me as found on the prisoner's premises—Austin and Dodd supplied similar steel to the company.
Cross-examined. This steel is used by a variety of makers—there is no mark on it and it is nothing uncommon for a gas fitter to have it.
LOUGHLIN MCKAY . I am manager to Messrs. James, Milne, and Son, 2, King Edward Street, Newgate Street, London—in 1876, in consequence of an order from the Great Eastern Railway Company I sent to our Milton House Factory, Edinburgh, for twelve eight—point gas burners—I received them on March 4th—I sent them to the Great Eastern Railway on 8th March—they are the same as those found at the prisoner's house—we do not make similar burners for any other person.
Cross-examined. I cannot say there are none made like them—they are not patented.
LEWIS HART . I am warehouseman in the service of Messrs. Henry Defries, and Co., 147, Houndsditch, gas fitting manufacturers—I have done a quantity of gas fitting for Mr. Russell—I identify some of the fittings produced as those supplied by me to the Great Eastern Railway Company in February and March of the present year—I can refer to my books for dates if necessary.
Cross-examined. Some are common fittings, but not all—on receiving an order for a particular pattern we only make the number ordered.
ALFRED GULSON . I am a store issuer and receiver, at the Great Eastern Company's works at Stratford—I have seen the files found on the prisoner's premises, some of them are stamped Austin and Dodd, and others Powell and Turton—those firms supply files to the Great Eastern Railway Company, which correspond with the files found at the prisoner's house.
Cross-examined. Those firms supplied other companies.
Witnesses for the Defence.
WILLIAM TAYLOR . I am an ironmonger, at 46, High Street, Chatham—I took the prisoner's business at Chatham after he had carried it on two years—that was 5 years ago—he sold his business in consequence of a fire at his residence—I did not buy all his stock—I assisted him to make steel bars and he hired my forge—he also made his own tools—he was a whitesmith and a bellhanger—he has always borne a" good character as an honest man—It is a long time ago but I believe many of the fittings the prisoner brought to London were like those produced—they are common things and can be purchased anywhere.
Cross-examined. I would not swear to any article being brought to London by the prisoner.
the prisoner two years, I helped him on two occasions to bring some gas fittings from Woolwich to Stratford, similar to those I see about—those elbows are very common and can be purchased at any shop—they are 5—16ths thread, and they have not that thread.
Cross-examined. I was employed by the company in the same shop as the prisoner—I was not discharged—I resigned rather than take Kelly's orders—I am sure the company had no taps to cut a 5—16ths thread—I' cannot swear to any of these things being brought from Woolwich by the prisoner, when he came to Stratford to work for the company.
Re-examined. I did not make an inventory, but all these things are like those brought to Stratford by the prisoner—I thought myself a better man than Kelly—I have bad twenty years experience and he only three.
By the COURT. The things were brought to Stratford on two separate evenings, one lot in a bag, and the other in a box—we used the boat and the train, and carried them between us the rest of the way to 17, Thornham Grove—the weight was about 3 1/4 cwt.
MARGARET APPLEYARD . I live with my husband at Stratford—I remember the prisoner's arrival on two occasions with a heavy load of tilings, which were unpacked at my house, one on a Monday, the other on a Sunday evening—they were tools and gas fittings and steel bars—I see similar things here, but I know more about tools—my husband is a smith.
Cross-examined. The things were kept upstairs in the bedroom because they were in my way in the sitting room—I understood they came from Chatham—the prisoner went there on the Saturday—Copley helped to bring them from the station.
STEPHEN HODGMAN . I know the prisoner—he carried on business at Chatham for about two years—I visited him—I gave him the box in which he—took away goods like those here to—day, which he used to have in his stop.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
465. WILLIAM CLAYTON (49) , PLEADED GUILTY to stealing 1 l, of John Lester, from the person of Elizabeth Lester; also a watch of Edwin Moody; also a watch of Thomas James Harvey; having been previously conricted of felony—Ten Years' Penal Servitude.
MR. ATTENBOROUGH conducted the Prosecution.
WILLIAM ADAMS WIGLEY . On 23rd April I was at the Royal. Albert public-house the worse for liquor—I had 10l. in my pocket and a watch and chain—I fell asleep, and when I awoke my watch and chain was gone, and 9l.—I can recognise the prisoners—this is my watch and chain (produced).
Cross-examined by Shepherd. I did not give it to you to take care of—I did not ask you to go for a day's spree.
WILLIAM JOHN PICARD . I am a waiter at the Royal Albert Hotel, Wool-which—on 23rd April the prosecutor came there; the prisoners were together drinking brandy—the prosecutor laid down in the Coffee—room—Shepherd went and sat by him, and afterwards Olean went—the prosecutor had a chain—a few minutes afterwards it was gone—I noticed Shepherd
bending over him—the prisoners went out together—I followed them and gave them into custody on my own responsibility, from what I had seen.
Cross-examined by Olean. I saw you arranging the prosecutor's clothes—I did not see you take anything from him.
EDWARD RICHARD COLES . I keep the Royal Albert—I saw the prosecutor and prisoners there together drinking—the prosecutor was drunk—I noticed that the prisoners had plenty of money, which I thought remarkable for privates to have so early on Monday morning—I saw one of them go into the coffee—room and all of them come out.
ALFRED GWYMER (Policeman R 36). I took Olean and Barton—I found in Olean's pocket 11. in gold, 2s. 6d. in silver, and 6 1/2 d. in bronze—he said "If I had known I was going to be taken, I would have fought for it."
The Prisoners' Statements before the Magistrate and also in their defence were: that the prosecutor had asked them, to go for a day's spree; and that he had given Shepherd the watch and money to take care of; and that the other money found on them was their own.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. STRAIGHT conducted the Prosecution.
ALFRED CURREY . I live at Hawley Terrace, New Cross—on Easter Monday and Tuesday I was assistant barman to Mr. Burgess, at the Prince Arthur public—house, Greenwich Road—the male prisoner also acted as assistant barman—it is a large bar, there are four or five tills in it—when change is required it is taken from the tills, the gold is taken from behind—during the Monday I observed the female prisoner come in and out several times—on the Tuesday I made a communication to my master and watched—that was from what I had observed on the Monday—I had told the prisoner on the Monday that he was doing something wrong, and he made a laugh of it, and walked away—on the Tuesday I kept observation on the prisoner—between 8 and 9 o'clock in the evening I saw the female prisoner at the bar with a small stone bottle, she called for half a quartern of gin—I directed my attention to her carefully—while George Woods was getting the gin to serve her she put a sixpence on the counter, the male prisoner picked it up, put it in the till, and gave her two shillings and some bronze—she took up the money and went away with the gin.
Cross-examined by John Lee. I told you on the Monday that I would give you a chance—it was two separate shillings that you gave the female, I saw you put it on the counter.
Cross-examined by Charlotte Lee. I did not stop you, you were out of the bar in a minute—a policeman was sent for.
GEORGE WOODS . I am regularly employed at the Prince Arthur—on Easter Tuesday a communication was made to me—between 8 and 9 o'clock in the evening the female prisoner came in and called for a quartern of gin—I put it into a small stone bottle for her—she put down a sixpence;
the male prisoner took it up and put it in the till, and gave her in change two shillings from one till, and some coppers from another—I spoke to my master—a constable was sent for, and as he came in the male prisoner went out—he was allowed to go—the woman was taken afterwards.
Cross-examined by John, Lee. I heard you ask Mr. Burgess for your wages—he said he should not pay you—he accused you of being drunk—I did not go with you into the spirit cellar and offer you a glass of brandy.
ARTHUR BURGESS . I keep the Prince Arthur—I employed John Lee as an assistant on Easter Monday and Tuesday—Woods made a communication to me on the Tuesday, I went into the bar and saw the male prisoner—I said to him "From what I have been told, you had better leave"—he came out of the bar, took off his apron and was going to get his coat—I followed him upstairs and said "You had better get away as quickly as you can, I hear you have been giving wrong change"—he then abused me and offered to fight me—I said "I did not intend locking you up, but now I will"—I sent Woods for a policeman; while he was gone the prisoner said "For God's sake forgive me this time, I will never do it again; I will never thieve again"—I said "Get your coat and start"—he met the constable at the bottom of the stairs as he went out—about half an hour afterwards the female prisoner came into the bar with another woman—she called for some stout and put down some coppers to pay for it—I went round the bar to where she was—I noticed that she was nervous and agitated and I saw her pass a purse to the other woman—they did not drink the stout—I followed them out and I said said to her "Your husband is unwell, will you come round to the other door 'to see him"—she came round and said "Oh God what did you find on him"—I said "Take back from that woman what you passed to her"—she said Oh, it is only my purse"—I said "I sballlock you up for robbing me, in company with your husband"—she then ran away up the Langdale road—I did not pay the male prisoner his wages because I thought he had robbed me quite enough—I should have let him go, I did not want to come to the lod Bailey.
DAVID GIBNEY (Policeman R 129). I received the female prisoner in charge from Mr. Burgess for being concerned with her husband in stealing 2s.—she said "I did nothing of the sort, I put down a 3d. piece for a pint of stout and mild.
MARTHA EDWARDS . I searched the female prisoner at the station and found her 1l. 0s. 6d. in silver, some of it was loose in her pocket, and some of it in two purses, which I found on her, there was also 1s. 8d. in bronze she said "Take 5s. for yourself"—she did not say why.
Cross-examined by Charlotte Lee. I said I would allow you to have anything you required "You said the money was your own and that you had earned it at washing and ironing.
Cross-examined by John Lee. You did not say that you were going to the warrant office to take out a warrant, you said you were going to give yourself up.
John Lee's Defence. If I had robbed him I should not have asked for my wages. Why did he not take me at the time instead of a fortnight after? 'Charlotte Lee's Defence. My husband was gone away from the house when I went in for the stout, as for the gin my husband took my money and gave
me a halfpenny change. Why did not one of the barmen stop me at the time if they saw that my husband was robbing his employer? I got the money on the Monday from Mrs. Head, a laundress, (for a fortnight's work.
MARY ANN HEAD . The female prisoner worked for me—on the Monday morning I sent her 15s. at 12.30 or 12.45—she went out at 1.30 on Tuesday I did not see her after that till she was in custody—the prisoner lived with me.
JOHN LEE— GUILTY — Four Months' Imprisonment.
CHARLOTTE LEE— GUILTY — One Month's Imprisonment.
MR. FULTON conducted the Prosecution; and Mr. C. Mathews defended Turner.
GEORGE BILLINGE Clifford. I am manager to Alfred May, corn merchant, of Greenwich—On Saturday, 7th April, I sent Barber who is the carman to take forty—five trusses of hay and trefoil to Mr. Musgrave's, at East Greenwich—I gave him a delivery—note; I wrote it myself—I counted the trusses and could see he had forty—six but was not certain that he had forty—seven—I asked him how many he had—he said forty—five—I followed the van—I then went to Turner's place in Roan Street, and asked for the money for some trusses he had taken away on the Thursday, previous to Good Friday—he said that he had not any pieces, meaning money, but would call and pay me—on coming away I noticed some loose trefoil on the pavement—I made enquiries and then went back to Turner's and said "My man has been here has he not?"—he said "Yes"—I said "And delivered you two trusses of stuff"—he said that he had—I said "Where are they?"—he pointed and said "Here"—I said "How came you to take these trusses knowing there is nothing ordered, and you know I have refused to deliver you any trusses, or to trust you, you pay for the trusses you had on the Thursday, and I shall lock the man up for stealing these"—he said "I hope you will think nothing more about it"—I then left—he had not mentioned the trusses when I called on him first—the trusses of trefoil are mine.
Cross-examined by Barber. I am sure I asked you how many trusses you had, and you said forty—five—I was standing outside when you came out with the load—I did not tell you to take some to make up weight.
Cross-examined by MR. MATHEWS. I did not trust Turner, he took the trusses away—I cannot tell the exact date without my books—what I said before the Magistrate is correct—Turner had formerly dealt with Mr. May and paid him—what he had fetched on the Thursday he had not paid for—I will swear he did not meet me and ask if I would let him have a couple of trusses—he owed us 11s. 8d.—goods have been sent without a ticket, but the ticket has been sent afterwards—when I saw the trusses I asked Turner if he had paid for them—he said he had not—he did not say that that was not the stuff he ordered and that he had ordered clover, till afterwards.
GEORGE SWIFT . I am in Mr. May's service—I was present when these trusses went off—I loaded the van—Barber then said "I have two trusses to take to Turner"—I put them on the van—I had nothing to do with the delivery—note on this occasion.
Cross-examined by MR. MATHEWS. Mr. Clifford was not present when the two extra trusses were put on.
Cross-examined by Barber. I heard Mr. Clifford mention Turner's name, but I did not know what it was about.
AMY BOND . I lire at Church Passage, Greenwich, which is about two doors from Turner's house, but opposite it—on Saturday, April 7th, between 10 and 11 o'clock, I noticed Mr. May's van stop at the top of Rosin Street, and saw Turner holding up his arms to catch something like hay—I was cleaning the window—I did not not see what Turner did with the hay—a man was standing on the top of the van—I don't know whether it was Barber.
Cross-examined by MR. MATHEWS. I do not know where Mr. Musgrave lived—I cannot say if was the direct way.
HENRY GOODWIN (Policeman R). I apprehended Barber on April 7th, at 2p.m.—I told him the charge was stealing two trusses of trefoil, and leaving it at Mr. Turner's—he said "I understood Mr. Clifford to say I was to take two trusses"—I said "You had better come and speak to Mr. Cliffoard"—we spoke to Mr. Clifford, and he said "Decidedly not."
WILLIAM BERRY (Policeman R 141). On Saturday, April 7th, I accompanied Clifford to Turner's house, at Greenwich—I told him he would be charged with receiving two trusses of trefoil, knowing it to have been stolen—he turned to Mr. Clifford and said "I thought you sent it to me"—Mr. Clifford said "You could not think that; you know I refused to trust you, and I never send small orders out; if you thought I sent it where is the ticket?"—Turner said "Your man had a ticket in his hand at the time"—I then took him to the station.
Cross-examined by MR. MATHEWS. There was a further conversation about some stuff Turner had taken on a previous day, and had not paid for and Mr. Clifford said "You never inentiened a word to me when I came previously, about these two trusses of trefoil being left here; you know you; never ordered any"—I think I mentioned before the Magistrate what was said about small orders—I also said "I saw you yesterday"—I remember the word "straw" being mentioned, but not "clover."
Barber's Defence. MR. CLIFFORD has sent out 2d. worth of hay or a quartern Of flour at a time, and Mr. May has authorised me to sell stuff when he wanted to get rid of it, and often asked how I got on, and I gave him the money, and he said "Barber, here's 2s. for you." I have been in his service two years, and this is the first charge against me. I took the two trusses on the top of my load, which I thrower down on account of getting close to Turner's shop, and carried them into his shop and went away.
NOT GUILTY .
Before Mr. Recorder.
MR. SAFFORD conducted the Prosecution; and MR. C. MATHEWS the Defence.
WILLIAM GARDNER . I am a builder of 11, Scarsdale Road, Camberwell—I know Miss Raymond's house, 245, Old Kent Road—the prisoner also lives there, and prior to 10th February a man named Holmes was in the basement—on 27th January at the request of Mr. Rook, Holmes' master, I
went to the house with 2l., and found a man named Hathaway, a broker, in possession of Holmes' goods—I paid him 1l. 17s. 6d., for which he gave me this receipt on behalf of Miss Raymond, and withdrew from possession—Holmes and his wife and boy and girl continued in the house till 10th February—on the morning of 10th February, between 7 and 8 o'clock, I ordered a cart and went into the basement to wait till it came—I found Holmes there and a boy and girl—T saw Holmes take part of the goods away, and the prisoner, who was there, asked what authority I had there—I took out a receipt and gave it to him to read—he said "You are not Mr. Rook"—I said "No, but I am authorised by Mr. Rook to remove the goods, and to pay whatever rent is due"—a fortnight's rent was due, and I offered him 9s.—he said that he would see me b——before betook that, he wanted 1l. 17s. 6d. before I removed an article—Holmes had gone to see what had become of the cart, but his son was alongside of me—I said "I have paid that before, I don't see that I have a right to pay that again"—I gave the receipt into his hand, and he read it and said that he would not take less than 1l. 17s. 6d.—Holmes came in and took part of the goods upstairs, and the prisoner locked and nailed the area door—he had a hammer and nails—he then went upstairs after Holmes, and I stopped down with young Holmes—when he came down again I was standing by the dresser with my back towards him, and hs caught me by my coat and swung me from one side of the room to the other, and I fell on this side violently on the floor, and something struck my head and cut it—my leg was hurt, and I was not able to get up for some time—I called out "He has broken my leg"—he said "What are you going to do I have locked this door, and I am going to nail the other one and keep him out of possession—Miss Raymond came down and said that she would help me up, but I said that she was of no use, because she is a cripple, and I proposed that Holmes should help me, but he said that he would not enter the door again—the prisoner then got me on his back, and carried me up, and young Holmes brought a cab and I was taken to Guy's Hospital, and remained there till 25th March.
Cross-examined. I was acting for Rook—I do not know that he was buying for Holmes—Holmes was in the house when I arrived about 7 o'clock—we were all in the front kitchen together—a policeman came but I do not know who sent for him, the prisoner asked him to interfere but he declined—I heard no threatening language used by the two Holmes towards the prisoner or any scrimmage between them—I solemnly swear that no blow was struck by Holmes or his son, nor was any threatening language used—I think it is a stone floor—I never heard the policeman's voice out side, but I heard Holmes kicking against the door outside, that was to get me out after my leg was broken—the prisoner was then inside the kitchen with his back to the door, and he put a table against the door to prevent Holmes coming in—I saw Mrs. Raymond's mother when she came down to lend a hand to get me up—I fell with all my weight, there was no scuffle between Holmes and the prisoner, nor was it after being thrown away from Holmes that the prisoner came into collision with me—Holmes was outside at the time but his boy was present all the time—Mrs. Holmes was not there—if the shutter was closed the prisoner closed it, but I was lying on the floor and could not tell what happened—I saw Holmes take away the top of the kitchen table—I had had a little rum and milk that morning—I had ordered the van the night before he took the furniture away, not knowing that there was a second distress in—the prisoner came once to the hospital to see mo
—I did not shake hands with him—I did not say to him "Forgive me," or that I would never associate with. Holmes any more—Holmes was not violent in trying to keep his goods—I did not see that he was excited.
Re-examined. The kicking at the door was after it had been locked and nailed—I am certain that no blow was given by Holmes while I was there—I did not remove any goods.
WILLIAM HOLMES . I was thirteen last October, I used to live with my father at Miss Raymond's, the prisoner lived there too, he does tailoring work—I remember Hathaway being in possession of my father's goods at the end of January—on the moaning of 10th February a fortnight's rent was owing, but no one was in possession that I know of—Gardner came with a cart and I handed one thing to my father which he took out to the cart, and all the rest of the time I was in the kitchen—the prisoner came down and asked Gardner what he wanted there—he said that he had come after the goods—Boulder asked him to show his authority; and Mr. Gardner offered him 9s. and showed him a receipt—he said that he did not care a b—about that he would have his 1l. 17s. 6d. or nothing—I saw the 9s. given and my father took a few things out to the van—Boulger came running down behind Mr. Gardner, he had no boots on and he took hold of Mr. Gardner round the waist—my father had gone out by the street door not the area door, that was locked and bolted by the prisoner in the morning, a little before the goods were removed—when the prisoner came down again my father was outside in the street by the van, and Mr. Gardner was down in the kitchen standing facing the door, with his hands in his pocket, and Boulger took hold of Mr. Gardner round the waist and flung him right over—no one else was there but me and Gardner—he fell on the floor violently and said "You have broken my leg;" and he said to me "Go and tell your father he has broken my leg" and I did so—I went out by the house door and my father told me to go and fetch a Hansom.
Cross-examined. My father only went out once to take some goods up—he came and shook the area door outside after the accident—it was the prisoner who nailed the door, I am sure of that, and he put a table there and barracaded it—my father did not endeavour to break the door down or carry the table away, he did not come into the kitchen at all after he took the goods up—he kicked the door but nothing else—he did not try to force it with a wooden implement—a constable was sent for but he remained a very short time—the area door was not opened—I was inside the whole time but my sister was outside—I saw he outside before the door was locked, and I heard her voice once while the disturbance was going on.
JOHN ROOK . I live at 5, Castle Terrace, Plaistow—on 27th January I sent Gardner to pay 1l. 17s. 6d. for Holmes' goods and he afterwards gave me the receipt—I again sent him of 10th February at Holmes' request to fetch away the things—Holmes work for me—the goods have been delivered up to Miss. Raymond—I only paid her 9s. for a fortnight's rent.
HERBERT CAMPBELL BURTON , M.R.C.S. I was house surgeon "at Guy's Hospital, on 10th February—I saw Gardner there between 10 and 11 o'clock, he was suffering great pain and I found that the bones of his hip joint were severely injured—he was there till my appointment was up, and I left him there—I also saw him on 5th March, when he was discharged—he was not cured—I have seen his leg since, there is permanent injury, and it is shortened half an inch—that does not necessitate a fracture—the injury resulted from a violent fall or a blow.
The Prisoner's Statement before the Magistrate: "I reserve my defence. I will not call witnesses here."
Witnesses for the Defence.
RUTH RAYMOND . I live in this house, and Holmes was my tenant—two or three days prior to 10th February, he was away from home—I had had difficulties before in getting my rent, and received from his wife in his absence these documents (produced) which allowed me to make any distress on the furniture that the rent would call for—on 5th February, he owed 7l. 14s. 10d., and I warranted the prisoner in levying on the goods by means of this warrant (produced)—I had letters from Holmes asking me to delay, and on 9th February, about 5 p.m., he returned and was very excited and said that he did not intend to pay me—I saw the prisoner on the same evening and in his presence Mrs. Holmes handed over the keys to me, and they remained in my possession to avoid putting a broker in—I ordered the prisoner to go and open the door and let Holmes in, and he said that if he was not given the key he would smash the door in, and in consequence I gave him the keys—upon that a great disturbance occurred and Holmes threatened to remove the furniture in spite of me or anybody else—the prisoner locked the door and locked Holmes out, leaving Mrs. Holmes and the children there—at 12.15 at night there was a disturbance, he passed me in the front hall and said that he would murder Mr. Boulger, who was in the shop at the time—Holmes went down into the basement, and was there with his wife and children—he remained till 3.45 a.m., when Boulger came up to my mother and myself, and in consequence of what he said mother got up and went down—about 6.30 I heard a dreadful noise and went down and heard the defendant call out "Fetch a constable," and my mother fetched one—the defendant then asked me to have Mr. Gardner, who was there, ejected because he had been knocking him about—the constable said that he could not interfere unless he saw the assault committed, and as we were standing on the stairs Holmes and his son and girl passed us, each removing a piece of furniture—the constable then left and I immediately fastened the front door—I saw a cart in front of the house—I then sat on the middle of the stairs and saw Gardner take a hamper containing something rather heavy—there was a plate standing in the kitchen, and he called to Holmes, the door was forced open, and Gardner and the defendant both fell—I afterwards saw the table—with which the door was barricaded, but not at the time—the defendant was holding the door, as the lock was broken off—Holmes was standing at the door and Gardner was behind Boulger holding a hamper in this way, and he said "Burst the door open, and I shall be able to get the things out"—he no sooner said the words than the door was forced open, and Gardner and the prisoner both fell—they then called out for a light; I immediately went down with a light and found Gardner on the ground, and the hamper by his side—he said "Oh, Mrs. Raymond, I have hurt my leg"—the prisoner had then got up and was holding the door—they were still clamouring outside and Holmes told Gardner to keep possession and it would be all right—Gardner said "I can't, because I have hurt my leg"—the prisoner had shut the door, and had put a chair behind it to keep it closed—I asked Gardner to come upstairs—he said I don't think I can walk, let me have a little drop of!
rum first, and he took some from a bottle in his pocket—after Boulger had fastened the door with the leg of a table and a water can, he assisted Gardner into the shop and sent the boy for a cab, and assisted Gardner into it—I eventually took 9s. for the goods and returned the receipt to George Williams—it was for two weeks rent—that was not all that was owing—the goods were valued at 1l. 12s. 6d.
Cross-examined. I was summoned before a Magistrate to obtain the goods and then I was induced to give them up when Holmes' solicitor appeared and signed an agreement to give them up on payment of the 9s.—I have known the prisoner fifteen or sixteen months, he has been living as manager my tailor's business—he tells me that he is married—he does not live with his wife and children he lives in my house—we have carried on this business together for fifteen months—I have been before a Magistrate once or twice with the prisoner, but it has nothing to do with this; it was for conspiracy to defraud—it was owing to Holmes misrepresentations to my creditors—Holmes was a witness for the prosecution—it was at Southwark police court—I was let out on recognizances to appear—I settled with my creditors—notwithstanding that charge the prisoner continued in my house still—I could not get any rent from Holmes—I did not see the prisoner take up a chair till after Gardner was on the floor—it was not through his taking up a chair—I was the only witness present; my mother saw, nothing of the accident—the door was fastened up the night before with screws and nails as the fastenings were broken off—I screwed it up on Friday evening after it was broken open by Holmes—Holmes said he would break the lock off not to have it fastened again—he came in that way; Boulger unlocked it and let him in—the constable is here, he refused to interfere unless I would give Gardner and Holmes in custody—Holmes had gone out before the assault occurred, he passed me on the kitchen stairs—I appeared at the police-court court was not examined—I was not there every time, and I did not go into the Court—Holmes walked out on the Friday night at 7.45 and the door was then locked and nailed up as I thought it would be more convenient for Mrs. Holmes and her children not to have a man in possession—that was done after Holmes went out—before he went out he had wrenched off the lock and there was no fastening whatever—the charge of conspiracy went no further than the Magistrate's court.
By THE COURT. Holmes had two rooms at 4s. 6d. a week; the front kitchen and the back second floor bed—room—the 7l. 14s. 10d. was rent from September—I had had nothing during that time and I put Hathaway in possession—10s. 7d. was given me by Hathaway and XL 17s. 6d. was the amount the things were condemned for—was claim was less than V. (The warrant was for 6l. 19s.)I afterwards took 9s. for a fortnight.
By MR. SAFFORD. I was sitting four stairs from the bottom, and could See into the basement—the stairs are opposite the area door but outside the kitchen opposite the kitchen door—the room is nearly square—the stairs go almost straight till you come to the top and then there is a little turn—it was twilight in the kitchen; the shutters were closed but a light came in from the top.
MARY ANN RAYMOND . I am the mother of the last witness—I slept in The house on the night between 8th and 10th February, and was aroused by the prisoner between 3 and 4 a.m., and went down—about 7 o'clock there was a great row in the kitchen—I saw Boulger lying down and Gardner bending over him—Boulger said "go and fetch a constable," and I sent for
one but did not go in with him when he came—I then went out and got: broker who came very soon afterwards—I forget his name—I afterwards heard a great disturbance, but I was upstairs—the prisoner has been very ill ever since this assault.
Cross-examined. He was in bed for a fortnight afterwards—he said "Come and help me I think they will murder me"—there were two or three other in the house—I was frightened.
HENRY HAMILTON (Policeman 285 M). On 10th February I was called by Mrs. Eaymond—I went into the kitchen and was told in the prisoner's presence that Gardner was there for an unlawful purpose—the prisoner said that Gardner was a thief and a vagabond—he wanted to have him removed—I asked him what for—for he said that he was a trespasser—I asked him what claim he was there for but he did not say—I said that I would not interfere, and went outside and remained there half an hour—I saw a cart there.
Cross-examined. I saw Gardner come out with an injured leg, and saw him into a cab—he told me that his leg was broken—Boulger did not say a word to me about Gardner having assaulted him.
Re-examined. I stayed to see that no breach of the peace was committed, I did that of my own accord—I heard no disturbance or breaking of a door while I was there, and I must have heard it if it had taken place—I don't think the little boy remained outside all the time—nobody was in the area, but Holmes, the father—I did not see him kick the door.
HERBERT SCOTT . I have been in medical attendance on the prisoner since 24th April, and I know that prior to that, my dispensary prescription for copious bleeding was sent to him—he was very much injured across the lungs, and also sustained an injury of the spine, which probably arose from violence—it appeared to be recent when I saw him, within a few weeks—it might have extended as far back as 10th February.
GUILTY — Three Months' Imprisonment.
CHARLOTTE WINTER . I live at Newington Butts, and occupy the front room in the basement—on 14th April, I came home about 1 a.m., and had a conversation with Mr. Bird, standing at the corner of the street—when I got home I found three men in the area, the prisoner was one—I said "What are you doing down here"—a fourth man who was at the top said "We are doing no harm"—they then left—I got a light and found the kitchen window and shutter open which I had left closed between 8 and 9 o'clock in the evening, and there were matches 'in the area—there was no fastening to the window—I went after the prisoner and saw him near the Elephant and Castle—Mr. Bird called a constable who went after him and brought him back—I did not charge him, as I was frightened because some woman threatened me and I did not go to the station—I am sure the prisoner is the man—nothing was moved at my place, they had no time.
Cross-examined by the Prisoner. I have not said that I could not swear to you.
GEORGE ADAMS (Policeman P 203). The last witness pointed out some men to me, the prisoner was one of them—they all ran away when I approached—I caught the prisoner, and on the way to the station he threw me down three times—I found on him a knife, a duplicate, a halfpenny, and some matches—I found the window up, but there were no marks on it.
Prisoner. I did not touch you, you fell of your own accord.
Prisoner's Defence. I know nothing at all about it.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. BESLEY conducted the Prosecution; and MR. DE MICHELE the Deference.
WILLIAM HENRY TUPPER . I am employed by Messrs. Rennie, the engineers, whose premises abut on Blackfriars—to the best of my judgment this plan (produced) represents the premises; it was my duty to lock up on Thursday, 12th April, and I did so before I left at 6.10—there are two locks on the door abutting Holland Street near the porter's lodge—I left by a wicket gate, which I shut after me—it has a lock and cannot be opened without a key.
Cross-examined. There is a passage which leads in to a yard which is used by people using the offices.
Re-examined. Mr. Rennie's room is above the passage, which is approached by stairs from the passage—it contains models and drawing implements—the passage leads to a number of offices—there are goods of every description there; a person who passes the door with two locks can get to any part of the premises—they are offices.
ALFRED CARTER . I am a watchman at the Albion Iron Works, 60, Holland Street—on April 12th, between 8 and 9 o'clock I was going through the rooms—there are two separate office' sand a workshop—to reach them, One must either pass through the wicket gate and the door with two locks On it, or go through a back entrance.
THE COURT held, that there being no proof that the building was a warehouse, as charged in the indictment, the prisoner must be acquitted.
NOT GUILTY .
MESSRS. COLE and PURCELL conducted the Prosecution; MR. C. MATHEWS the Defence.
RICHARD READ (Thames Policeman, 9). On Saturday evening April 7th I was on duty in a galley at Lower Horaley Down Pier—from information I received I went on board the barge Thorn, between 8 and 9 o'clock, to search the craft—it was about 400 or 500 yards from Butler's Wharf and was laden with bricks—I saw a case on the gunwalle, it was damaged—I sent No. 52 on shore to make enquiries while I remained to watch and got back into my boat—I then heard a noise like the shaking of straw had I saw two men, of whom the prisoner was one,. on the barge—one man got in a boat and went away—I went on board and apprehended the prisoners who was throwing the case over—I saw him do it—he asked me what I apprehended him for—I told him for stealing a case of cinnamon—I searched and found the cinnamon in two sacks; I also found these fragments of the case (produced) which I took into our galley with the prisoner—he threw the fragments into the water on the way to the station—I subsequently recovered them—the cinnamon weighs about 10 lbs.
went on the barge Thorn, about 8 o'clock—I have heard Read's evidence; it is correct—I went on shore to make inquiries—the marks on the cinnamon cases were "N/8, Best Tawoo, Cassia line a, Season 1876—1877, Ketchong"—I took that down the following morning—it corresponds with the marks on the case found on the barge Thorn.
ROBERT THOMAS BARNSLEY . I am foreman to William Horner and James Perkins, lighterman, of 13, Water Lane and Butler's Wharf, near Horsley Down—on Saturday, 7th April, I had a barge called Cambridge, laden with cinnamon—the pieces of wood produced, are parts of one of the cases—I examined and compared them with the cases on Sunday morning, the 8th, about 8.30—one case was missing—the value would be 35s.
THOMAS CURVEN . I live at 15, Hanley Terrace, and am a watchman—I loaded this barge on 7th April, partly from a vessel and partly from the quay at the West Indian Import Dock—there were 689 cases—the loading was finished about 4 o'clock in the afternoon—that was the last I saw of the barge.
THOMAS HENRY CANNON . I am a lighterman employed by Messrs. Perkins and Horner—I took the barge Cambridge, to Butler's Wharf, on Saturday evening, 7th April, about 7.15—it was loaded with cinnamon—two other lightermen assisted me to cover it with a sheet which we took from another barge and made secure—from what was told me on the Sunday morning I examined the Cambridge, and missed a case from the port side—the cargo was quite safe when I left on Saturday night, and covered over with a tarpauling which was nailed down—Butler's Wharf is about 400 yards from Horsley Down Wharf, Pier—the prisoner has nothing to do with the barge—he is not a waterman.
GUILTY —He was further charged with a previous conviction in July, 1876, to which he PLEADED GUILTY**— Eighteen Months' Imprisonment.
474. JOHN BARTON BALCOMBE (60) (removed from Cardiganshire, under Palmer's Act), was found guilty before Mr. Recorder, of unlawfully making false entries in the books of a company, of which he was a Director— Eighteen Months' Imprisonment.
ADJOURNED TO MONDAY, MAY 28TH, 1877.