CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 28TH, 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.
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 28th, 1877, and following days,
BEFORE THE RIGHT HON. SIR THOMAS WHITE , KNT., LORD MAYOR of the City of London; The Hon. Sir JOHN WALTER HUDDLESTON , Knt., one of the Barons of the Exchequer Division of the High Court of Justice; The Hon. Sir HENRY MANISTY, Knt., one of the Justices of the Common Pleas Division of the High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., Sir BENJAMIN SAMUEL PHILLIPS , Knt., and DAVID HENRY STONE , Esq., Aldermen of the said City; The Right Hon. RUSSELL GURNEY , Q.C., M.P., Recorder of the said City; WILLIAM McARTHUR , Esq., M.P., HENRY EDMUND KNIGHT , Esq., GEORGE SWAN NOTTAGE , Esq., and JOHN STAPLES , 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. EIGHTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May 28th, 1877.
Before Mr. Recorder.
475. RICHARD MASON (25) and JAMES SIMMONS (21), PLEADED GUILTY to a burglary in the dwelling-house of James Barkenton and stealing six flagons, three chalices, and other goods. MASON— Nine Months' Imprisonment . SIMMONS*— Twelve Months' Imprisonment.
MR. MEAD conducted the Prosecution.
JOHN BUST NORRIS . I was at my aunt Mrs. Ward's house, 28, Chapel Street, Uxbridge, on May 7th, about 9.30—she lives alone in the house—the skirt, tablecloth, shawl, and old dress produced are her property—I saw the tablecloth on the table before I left—I went again on the 8th—I noticed a staple had been drawn from the door of a shed and a pane of glass, ad been taken from the window, through which some one had had access the dwelling-house—the window was safe the night before—Mrs. Ward is do ill to be here.
WILLIAM HENRY GBIMSDALE . I am a brewer—my brewery is opposite Mrs. Vard's house—I was brewing on May 8th at 5.45 a.m., when my attention as called to Edith Bradle in Mrs. Ward's garden—she went through the ate into the main road and then beckoned to some one—I then saw another male I cannot identify in Mrs. Ward's garden—Edith Bradle went back cross the garden and returned with a bundle—she turned the corner of a root and I lost sight of her—I went to another part of the brewery where saw the three prisoners standing together at another gate—I recognise the no Bradles, but not the third—I then called my man Collins, who watched
—they had two bundles which they took across the road—I gave information.
Edmund Vincent (Detective Officer X). On May 8th I received information of a robbery at Mrs. Ward's—I examined the premises and afterwards went to Uxbridge Common with constable Moore where I apprehended the two Bradles—I told them the charge of breaking and entering the dwelling-house of Mrs. Ward, of Chapel Street, Uxbridge—before that I charged them with stealing a counterpane, table cloth, and other articles—they said "We did not break into the house, you want that girl with the bundle"—I said "There is a third party in it, where is she?"—they said "In a field by the railway bridge, near the militia barracks, with the bundle, waiting for us to return; we did have some of the gin that was taken"—I took them to the station and apprehended Brench on Uxbridge Moor, near the Pipemakers' Arms beer-house—I afterwards went to a green lane near the railway bridge and found a bundle tied in this tablecloth which contained a counterpane and a petticoat—they were buried in a lump of earth about a mile from the prosecutrix's house.
John Bower (Policeman X 220). I was with the last witness; his account is correct—I also found a bundle which contained this old dress and this dress (produced)—Mrs. Ward afterwards identified them.
Annie Bradle's Defence. I am not guilty of taking the things. I went into the shed and there my sister was laid. I laid down and went to sleep, and Brench came in with a glass and gave me some gin and said it was given to her.
GUILTY — Nine Months Imprisonment each.
NEW COURT.—Monday, May 28th, 1877
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and Lloyd conducted the Prosecution; MR. W. SLEIGH the Defence.
AUGUSTINE BAURAUD . My husband keeps a fish shop, at 6, Farringdon Buildings—on 3rd May, about 9.30—I served the prisoner with two penny potatoes, which he asked to be put in seperate bags—he gave me a shilling, I gave him 10d. change and put the shilling into a basin where there were other shillings—in about fifteen minutes he came again for a pennyworth of fish and gave me a shilling, I gave him 11d. change and he left—I put the shilling in the same basin—he came a third time for a pennyworth of potatoes and gave me shilling, I put it into the basin and gave him the change—he came a fourth time for a pennyworth of potatoes and gave me a shilling, I put it in the basin and gave him 11d.—he came a fifth time for 1 dozen of potatoes and gave me a shilling. (An interpreter was here sworn.) I put the shilling between my teeth as he had been there five times, I suspected that it was bad—I told the prisoner that it was bad, and that that was the fifth time he had been in, and I should give him in custody—he tried to run away, but my husband stopped him—he struggled to get away, but was given in custody, and I went to the station and gave the shilling to a policeman—Mr. Saddington came over from the public-house opposite and said something, and with him I looked at the money in the basin and found four bad shillings, which I took to the station and told the prisoner that these were five pieces, he said that was the first occasion he had been in the shop.
Cross-examined. I spoke English at the police-court—the prisoner came in first, about 9.30, and it was 10.45 when I gave him in custody—there was 2l. or 3l. worth of silver in the basin—my husband is not here—I did not say anything at the police-court about my husband stopping him, I was told that it was not necessary—I told the prisoner before he left the house that he had passed four bad shillings—there may have been more than fifty people in between 9.30 and 11 o'clock—I served all those customers alone.
JOSEPH SADDINGTON . I keep the Eagle in Farringdon Road—on 2nd May, about 10.45 p.m., I went over to Mrs. Bauraud's shop—she was very excited and had a bad shilling in her hand—the prisoner was there—I said "Have you any more bad money?"—she said "I don't know," and emptied her basin into my hand, and I found four other bad shillings in the prisoner's presence—she said that he had been there five times and passed a shilling each time—I handed the four shillings to the constable and the prisoner was given in charge.
Cross-examined. There were two or three pounds worth of shillings, florins, and half-crowns in the bowl.
FREDERICK GRILLS (Policeman G 264). On the evening of 3rd May, I was called to Mrs. Bauraud's shop, about 10.45, and she gave the prisoner into my custody for passing bad money; she said that he had been there five times, and the fifth time the shilling was bad—Saddington said that he had found four other bad shillings in the bowl—the prisoner said that he did not know anything about it, but on the way to the station he said "I know I had a bad shilling and that I got for a pair of boots which I sold in Leather Lane."
Cross-examined. He gave his correct name and address—he told the Magistrate that he got the shilling in selling his boots—I have been to the House of Detention, but found nothing against him.
GUILTY — Fifteen Months' Imprisonment.
MESSRS. CRAUFURD and LLOYD conducted the Prosecution.
The evidence was interpreted to the prisoner.
ALFRED PENNEL . My father keeps an oil and color shop in Kentish Town, and I serve in it—on 28th April, between 8 and 9 p.m. I served the prisoner with a penny candle—he gave me a bad florin, I broke it between my teeth and laid the pieces on the counter saying, "What do you call that"—he said "Vat, vat me no understand English"—I said "You understand enough to ask for a penny composite, how many have you got?" he brought a purse from his breast pocket and put the two pieces into it, he paid me with a half-crown, and I gave him the change.
EDMUND VANCE . I am a grocer of 35, Warden Road, Kentish Town—on 29th April about 9.30., the prisoner came in and asked in pretty good English for a penny composite—he tendered me a bad florin—I asked him where he got it—he said "Me cannot speak English," he put down a sixpence—but when he heard me tell the boy to go for a policeman he picked it up again and rushed off.
Cross-examined. I am quite sure you understood what I said to you and
that it was not my breaking it which made you aware it was bad, I did not break it, but I said that it was bad.
JOHN AUSTIN (Policeman Y 524). I was called to Mr. Vance's shop and saw the prisoner run away—I ran after him and" brought him back—he said nothing till he got to the station and then he said "Me speak no English"—I searched him and found a good sixpence, a knife and this purse—I received this coin (produced) from Mr. Vance.
Cross-examined. I am positive this is the man—I did not see you again till you were at the police-court on the Saturday, and then I recognised you—this was on Thursday.
The Prisoner's Statement before the Magistrate. "I came from Paris three weeks ago. As to the first witness, I was not aware this florin was bad; as to the second I know nothing about it, I never saw the gentleman before. During the whole week I only had one piece of money."
Prisoner's Defence. I arrived in London about a month from the time I was taken in custody. I was not very rich then and Mr. Laverne, of New-man Street, lent me 2l. 10s.; my defence simply is that somebody asked me to carry some boxes to that part of the town and gave me half a crown for my trouble; as I returned home I recollected that I had no candle at home and went into the grocer's, who examined the piece and bent it in his teeth which made me believe it was not good, and for fear of being arrested I ran away. I do not know the first gentleman; I never saw him before. I wish to call Mr. Laverne.
LAVERNE. The prisoner is the son of a gentleman—he came five weeks ago to England without any money, and I gave him 2l. 10s., tea shillings at a time—I do not know how he spent it—the last money X gave him was 5s. on 16th April—I heard no more of him till I had a letter from his mother saying, that he was arrested; he was employed at an hotel to wash glasses, since he has been in England but only for one week—he lost that situation about three weeks before the 28th.
GUILTY — Nine Months' Imprisonment.
MR. AUSTIN METCALFE conducted the Prosecution.
GEORGE SALTER (Policeman X 98). On 20th May, about 12 p.m., I met the prisoner in Hanger Lane, Ealing—I said "What have you got?'—he said "Nothing"—I said "You have something there," and put my hand under his smock frock and found the hind quarters of a lamb there—I said "You will have to go to the station"—I returned back to Ealing Common, where I first spoke to him, and found a coat tied up with a portion of a lamb in it which was quite warm—the sergeant took this knife from the coat—I am not quite certain whether there was blood on it—that was about two miles from Mr. Gibson's farm—the coat was shown to the prisoner at the station—he said that it was not his, but ha had takes
a piece of meat out of it—there is no evidence that the coat is the prisoner's.
Cross-examined by the Prisoner. I did not see you nearer than 2 miles from the place where the lamb was stolen from"—I do not know how far you carried it.
JAMES WOODHURST (Policeman X 38). I was at the station when the prisoner was brought in at 12.30 a.m.—I asked him how he became possessed of the lamb—he said "I picked up a portion of it on the other side of the railway"—I said "How do you account for that blood on your slop"—he said "It was caused through carrying the lamb"—there was blood both on the front and back of it—I afterwards saw the bundle brought in, and said to the prisoner "Do you know anything of this coat and meat?"—he said "No"—I said "Is this your knife?"—he said "I know nothing about it"—while I was taking the charge he said "I took the hind quarters out of the coat; I found it all together."
JAMES BOND (Policeman X 199). I went to Mr. Gibson's, Perry Vale Farm, and went with him into a field and found the skin of a lamb and the two feet in the river Brent—I do not know where the coat was found.
WILLIAM GIBSON . I am a farmer, of Perry Vale, and have a large number of lambs—they were all right on Sunday night, and about 5 o'clock on Monday morning, when the prisoner came, I missed one—I was shown the skin of a lamb which was mine—I know nothing of the prisoner.
Prisoner's Defence. I was going to Brentford and found it. I undid the bundle and took the hind quarters out—I had not got above 40 yards when I met the prisoner.
GUILTY of receiving — Nine Months' Imprisonment.
MR. HUMPHREYS conducted the Prosecution.
GEORGE DAWKINS . I am a miller, of 160, Kingsbridge Road, Milwall—on 14th May, between 12 and 1 o'clock in the night,. I was on Blackfriars Bridge, and sat down on one of the resters, as I felt a bit drowsy—the prisoner came up with his friend and said "Look sharp you b—, or else you will lose your chance," and he drew my watch from my pocket, but I caught it and put it back and shouted "Police"—he and iris friend were kicking up a bother and running to and fro on the bridge as if they had not seen me—a policeman came up and I gave the prisoner in charge.
Cross-examined by the Prisoner. I did not jump up and say "You b—, you I want my watch"—you were not talking tome when the policeman came up.
JOHN—(City Policeman 451). On the morning of 14th May, about 12.15, I was on Blackfriars Bridge, heard a cry of "Police" I and saw the prosecutor and prisoner and another man chasing one another, and Dawkins said, pointing to the prisoner, that he had tried to take his watch—the prisoner said "Oh, no, it is your own mistake"—I took the prisoner to the station; he gave a wrong address.
Prisoner's Defence. I was crossing Blackfriars Bridge with a friend, and a man who was coming the other way shoved me against this man on the seat—he said "You b—, you want my watch"—I went a few yards after the man to ask why he shoved up against me, and the prosecutor gave me in charge—I never touched his watch, but I was shoved against him.
NOT GUILTY .
MR. FRITH conducted the Prosecution; MR. GILL appeared for Uwins; and MR. BESLEY for Patten.
HENRY JAMES PAGE . I live at 3, New North Street, Theobald's Road—on 10th May, after 12.30, I was in New North Street with my wife, going home—we passed four young men standing under a lamp post—the prisoners are two of them—I have not the slightest doubt of that—as we passed, one of them pushed Patten right into my wife's face and the brim of his hat cut her across the nose—I turned to protect her and was struck by Uwins and knocked down by a blow between the eyes—the whole four then fell on me—I was beaten about the body, and two sovereigns were taken out of my waistcoat pocket, and 27s. or 28s. either fell or were taken from my trowsers pocket—I felt a hand in my pocket and am sure the two sovereigns were there—I cannot say whether they put their hands in my trowsers pocket—I saw the two prisoners there the whole of the time until I got up, and my wife and Mrs. Richards chased them, and I saw a man stop them 300 or 400 yards off—I followed as quickly as possible, and said to Uwins "I will make sure of you if I make sure of nobody else"—he had my hat on and I took it off him and placed it on my head—I saw Patten there too—a policeman came up and they were taken to the station and I charged them with assault and robbery—I was sober.
Cross-examined by MR. GILL. I went to Camden Town about 6 o'clock and got the 2l. there—we had one pot of malt liquor with my brother and then went home and had some supper and came out with my brother-in-law to post a letter and get a stamp—there was no row—I did not make a rush at Uwins—I felt a hand distinctly in my waistcoat pocket while Uwins and the others were on top of me—I said before the Magistrate that my money did not fall out of my waistcoat pocket, but it might possibly have fallen out of my trowsers pocket—Uwins was stopped by a man named Arnold, and I told Arnold I had been knocked down and robbed.
Cross-examined by MR. BESLEY. I am not related to Mrs. Richards she said that one of her teeth was knocked out—I did not know that she appeared at Clerkenwell and attributed that to a man she was living with—she said that she got her black eye from the man she was living with—it had been rather an exciting day for her, but not for me—I did not know that her name was Joyce—I know that her husband's name is Middleditch—it did not strike me as strange that she should be Mrs. Middleditch that day and Mrs. Richards at the police-court the following day, because her husband's name is Richard Middleditch, and she took the name of Richards not wishing to go in her marriage name—Joyce has lived with her in our house about four months—she had been with us and had a share of a pot of malt liquor between four of us—she did not strike any of the young men—she was not the least excited—she was not with my wife the whole evening—my wife was with me—my brother-in-law spoke more clearly to the men than my wife—I heard witnesses to character for Patten called before the Magistrate, and he was admitted to bail.
Re-examined. When I charged Uwins I said that I had been knocked down coming out of Mr. Tucker's house—he said "What! Harry Tucker, if I had known that I would not have let him go"—I am certain I had that amount of money—I am quite sure that both the prisoners were there at the same time.
ELIZABETH ANN PAGE . I am the wife of the last witness—I saw five or six young men at a corner by a lamp—the prisoners are two of them—I did not speak to them or quarrel with them, but one of them pushed Patten against me, and he caught the bridge of his hat across my eyes—I asked him how he dared do that, and he made a beastly remark—my husband said to Patten "Go home, you puppy," I think it was, and the whole of his companions then fell on my husband and had him down—the prisoners are two of them, and they are the two who I tried to keep in my company—they were on top of my husband pulling him about, but I did not see any blows—I tried to assist him and heard money rattle on the pavement—I could not see their hands—I got my thumb injured—Patten said "Let us be off"—I followed the two prisoners holding both their coats and calling "Police"—they went about three doors down Theobald's Road and came back again with me holding them—they got from me, and Patten said "Let us run off"—I said "You won't run off, you have robbed my husband"—they ran up Theobald's Road and I after them, and saw them stopped by a man—I gave them in custody to a policeman.
Cross-examined by MR. GILL. My brother ran for assistance—Mrs. Richards was trying to release my husband—my finger was bitten and my thumb was put out.
Cross-examined by MR. BESLEY. I did not strike the men or maul them about—I did not do anything in that way—I had not seen Mrs. Richards strike one of them—a lot of people congregated—I had Patten in sight all the time.
MARTHA RICHARDS . I live at 3, New North Street, Theobald's Road—I was with Mr. and Mrs. Page, at the—corner of New North Street—it was after midnight—I saw five or six men under a lamp-post—the prisoners are two of them, and one man shoved Patten against Mrs. Page, and cut the edge of her nose with his hat—she said "What do you mean by this?"——he said something disgusting and nasty to her, and Mr. Page turned round and Uwins struck at the brother-in-law, Mr. Faulkener, and knocked his hat off—he picked up his hat and immediately the prisoners and two others had Mr. Page down—I ran across and said "Let Mr. Page get up"—they were all on him, and I had no sooner said so than I heard money drop on the pavement—I called out "Mrs. Page, they have got Page's money," and as I was going to stoop to prevent their taking the money I got a punch on my mouth from Uwins, a tooth was knocked out and I began to bleed—Mrs. Page came up and helped her husband, and these two prisoners struck her on the chest—they got away from her and we went after them, and they were stopped at the corner of Fisher Street—I saw a dark man there, but I do not not know whether he stopped them or not—a policeman came up and they were taken—Mr. Faulkener brought two more policemen, and they all went down Hunter Street.
Cross-examined by MR. GILL. I mean to say that Uwins struck Faulkener—I mean to persist in that—there was a crowd very shortly—Faulkener stayed there a very short time, I did not see him strike anyone—I did not see the little dark man shove Patten, but I saw him pick up some money and run off—I persist in saying that Uwins' struck me—I had been assaulted before that day, in the morning, and went to the police-court to charge Joyce with it, the man I am living with; but I did not charge him with striking me on my mouth and knocking a tooth out—he did not strike me on my mouth—he was sentenced to four months'.
Cross-examined by MR. BESLEY. I did not charge Joyce, with giving me two black eyes, I said one, I also charged him with kicking me—it was Uwins who struck me, and my tooth came out with the blow—it had not been loosened by Joyce—I had not lived with Joyce eighteen months' only five months and a fortnight—I gave the name of Middleditch to Mr. Barton, and the name of Richards to Sir James Ingham, because I was living in the name of Richards—it was not for the purpose of concealing from Sir James Ingham, that I had appeared the day before—I did not swear that Patten struck me, it was Uwins struck me, the tallest one—we went to one public-house opposite, before I went before Mr. Barton—on this night, I had been to my favourite public-house and gone home to tea, and came back again—I did not lay hands on Patten at all, I never touched one of them—Uwins actually punched Mrs. Page, two of them punched her in the chest to get away—they both got away, but we ran after them and kept them in sight neither I or Mrs. Page held Patten.
JOHN FAULKENER . I was staying at 3, New North Street, and was with Mr. and Mrs. Page on this night—I saw several young men under a lamppost, the prisoners are two of them—we partly passed them, I heard a dispute behind me and turned round and said "Do you mean me?"—one of them said "Yes you," and I was struck by one of them who is not in custody, who stood near the lamp-post—my hat was knocked off, I turned round to pick it up, and then saw my brother-in-law, Mr. Page, on the ground and the two prisoners on top of him—I heard money rattle on the ground, but did not see any—the prisoners and Page were punching each other—I went and got a policeman, and the prisoners were given in custody—Mr. and Mrs. Page were perfectly sober, and so were Mrs. Richards and myself.
Cross-examined by MR. GILL. Mrs. Page and Mrs. Richards were in among the crowd—there might be a dozen people altogether—Uwins did not strike me at all.
Cross-examined by MR. BESLEY. When I brought a constable, a constable was already there—both the prisoners were molesting Page—I said before Sir James Ingham "I did not see Patten strike Page," that is true.Re-examined. Patten was one of the persons on Page.
DAVID STAPLEY (Policeman E 53). I heard screams of police, went to Orange Street and found a man holding Uwins—Page came up and gave him in charge for assault and robbery—I took Patten and handed him over to another constable—when Uwins was charged he said "I am respectable, I have had nothing to do with it," he had been drinking, but he knew what has was about—Page was sober and so was his wife, and Faulkener, and Mrs. Richards.
Cross-examined by MR. GILL. I believe Mr. Arnold was there when I came up.
Cross-examined by MR. BESLET. Mrs. Middleditch had a puffy face and a black eye—I did not observe whether she was sober, I did not smell her breath—no money was found on either of the prisoners.
Re-examined, As far as I can say, from the way in which Mrs. Middle ditch talked and acted she was sober—I did not kiss her, because she had a cut lip.
MARTHA RICHARDS (re-examined by MR. BESLEY). This is my signature to my deposition; it was read over to me before I signed it. (This stated:, ' I had injuries before this assault, in which I got a punch in the mouth and
a tooth was knocked out.") I did not say that I got a punch before the assault, I said that I had a black eye before.
Witnesses for Uwins.
CHARLES ARNOLD . I am a veterinary surgeon, of Great Ormond Street—I was in Theobald's Road and stopped Uwins in Orange Street and spoke to him—I afterwards saw the prosecutor come up with a number of people who were going to start thrashing him; they rushed at him—he said "This man has been abusing me, look here," and pointed to his face—he then said "He has (stolen nearly 4l. from me"—I am uncertain whether he did not say 1l. or 1l. 19s. at first, but he afterwards said 2l.10s., and then nearly 4l.—I said to Page "I believe you are lying"—a constable came up and Uwins was given in custody—there were more than thirty or forty people in the crowd, I think.
Cross-examined. I did not see Page on the ground—there is not the slightest doubt that he was very much confused and excited—I made no allowance for that when I called him a liar—I don't remember his saying that Uwins had stolen his money, but he said that he had been robbed.
BY THE COURT . He was running when I stopped him, he was pursued—a woman was following him calling out "Stop him!"—that was the reason that I stopped him and Page came up and charged him with abusing him first, and then I let go of him, and Page said "He has robbed me of nearly 4l."—I held him so long as he was charged with abusing him, but when he was charged with highway robbery I let him go—I heard that the assault was outside a particular public-house—I did not say "If I had known that I never would have stopped him," and then let him go—I knew where it happened because I heard a row in the Arthur Arms and came out—I was in that very public-house—I did not see either of the prisoners in that public-house that night—I did not come out and see the thing going on—I came out of the Arthur Arms, Mr. Tucker's—I heard the two women screaming and ran after the man and stopped him.
UWINS— GUILTY of assault only.
PATTEN received a good character— NOT GUILTY .
UWINS PLEADED GUILTY to a common assault — Twelve Months' Impritonment.
MR. FRITH offered no evidence against Patten.
NOT GUILTY .
OLD COURT.—Tuesday, May 29th, 1877.
Before Mr. Recorder.
MR. J. P. GRAIN conducted the Prosecution; and Mb. Warner Sleigh the
ELIZABETH LANE . I am the wife of Martin Lane, of 2, Macclesfield Road,. York Place, Clerkenwell—on Sunday morning, about 12/30, I was standing at my door—the prisoner came with a soldering iron and hit me with it in the elbow—she did not say a word—she gave me a second blow on the neck and a third blow on the head—I fell and screamed—my daughter ran' to my assistance and picked me up—the prisoner said "You b—w——I
will gouge your teeth down"—she gouged the girl's front tooth with the iron and broke part of it—I went to the top of the court to see if I could find a policeman; I could not see one—the prisoner followed us with the iron in her hand—I saw a policeman standing at the corner of Lever Street and gave her in charge, and he took the iron out of her hand—we were both taken to the station—a doctor was sent for and my wounds were dressed.
Cross-examined. I had not been outside the house a moment when this happened—my husband was not out—he had been out, but he was at home when I was struck—he had not been drinking—he was in before 12 o'clock some time—he had not been creating a disturbance in the court—the prisoner came and knocked at the door; I opened it, and she at once hit me with the iron—I had never had a quarrel with he; she was in the habit of picking quarrels—I don't know that she closes her shutters about 12 o'clock, I did not see her close them—she lives nearly opposite—I did not strike her husband—I had not a piece of iron rod in my hand; I did not strike the prisoner's husband with it—the prisoner was not knocked down, she to standing up all the time—I had not got a door key in my hand—I did not see the prisoner's husband knocked down three times—my daughter has not been subjected to violence at the hands of my husband; she did not lose one of her teeth two years ago—my husband's name is not Donoghue, it is Martin Lane and nothing else.
ELIZABETH LANE, JUN . I am the daughter of the last wisness—on this Saturday morning, hearing my mother scream, I went to the door and saw my mother lying across the door, her head was bleeding—the prisoner was standing at the door—I went to pick my mother up—the prisoner called me a b—wh—and said "I will serve you the same," and she gouged me in the mouth with the iron and broke my front tooth—my mother ran to look for a policeman and the prisoner was given in charge.
Cross-examined. When my mother was at the door, my father went in—he was standing inside the door, and then he went right in, because she said she would serve him the same—he was not outside—he had been in a long while—he had not been quarrelling during the day, I had not been out with him—he was not the worse for liquor—my mother had no key or anything in her hand—she had been out a little before 12 o'clock—this disturbance began a little after 12 o'clock—my father was not outside during the whole time—he went to get mother away from the prisoner and the prisoner hit him—he was not across the door step.
MARTIN LANE . I am the husband of Mrs. Lane—I had been over the water on business, and about 12.15, as I was coming down to where I live, I saw the prisoner and her husband at my door, the prisoner had this weapon in her hand and was using it about my wife and knocked her down—I saw her lying down bleeding very much from the head, and as her daughter picked her up the prisoner poked her in the mouth and smashed her front tooth—she began at me and I put up ray arms to defend myself and her husband came and struck me and said "We have been waiting for you all night," and the prisoner said "We have; you one-eyed gunner, we will knock your other eye out if you don't get in"—so I picked myself up as soon as 1 could and got inside to keep myself safe.
Cross-examined. I was coming down the court when I first saw this, I was out of doors—I did not strike Mr. Godfrey—I did not see the prisoner putting up her shutters—Godfrey did not ask me what I was interfering with his wife for—I did not use bad language to him—my wife
had not a door key—I did not see the prisoner assaulted by my wife or laughter—I did not see the prisoner or her husband on the ground.
GEORGE EUGENE YARROW . I am a surgeon—I was called to the station. 0 examine Mrs. Lane on the morning of the 20th—she had a lacerated wound, about half an inch long, on the left side of the head, and a lacerated wound on the elbow—they might have been caused by this soldering iron.
WILLIAM ESSAREY (Policeman G 310). I was on duty in the street on his Sunday morning—Mrs. Lane and her daughter came up to me followed by the prisoner—Mrs. Lane said she had been assaulted by the prisoner—I book this soldering iron from the prisoner's left hand—she made no remark.
Cross-examined. There were very few persons in the street at that time, Twelve or fifteen—the parties were very excited when they came up—I lever saw any rows in this court myself.
Witnesses for the Defence.
WILLIAM STOKES . About 12.20 on Saturday night, 20th May, I was in the court—there was a row with Mr. Lane and some man, a police constable was called down and put Lane indoors—in about ten minutes he came out again, he saw no one in the court to kick up a quarrel with—the prisoner came out to shut up her shutters, Lane turned round and called her a b----old cow—Mr. Godfrey went over to him and asked what he meant by calling his wife that, and he came out of his doorway and knocked him down twice—that was all I saw—I did not see Mrs. Lane or her daughter—I was in my bed-room—they were gone round with the policeman—they were all gone.
CHARLOTTE JONES . My husband is a brass finisher, of 17, Macclesfield Place, York Road—on Saturday night, About 12.30, I saw Mr. and Mrs. Martin and the daughter in the court—that is the name they have always gone in—I saw the girl run out of her house, lay hold of the prisoner and say "I will give the b——old cow something," and she threw her on the round—she was picked up senseless—the girl ran indoors, the father stood in the door was—she made use of a bad word and said what she had done—saw Mrs. Lane with something in her hand—I could not say what it as—I saw her strike Mr. Godfrey in the face, and as she struck at him the hey of the door flew out of her hand—I saw the prisoner on the ground—he was knocked down by Lizzie Martin—I also saw Mr. Godfrey on the, found—Mrs. Martin ran out of her house, struck at him, and knocked him, own.
Cross-examined. I came out of my house, hearing the noise, to see what as the matter—I saw Mrs. Lane's head bleeding, I don't know how it was one, that must have been done before I came out—the first thing I saw was he girl knock the prisoner down—Mrs. Lane was standing by Mr. Godfrey—she had just struck him with what she had in her hand—she held her and out and I saw blood on her hand, and directly after I heard them by "We will go for a policeman," and they all three went together, the prisoner, Mrs. Lane, and her daughter, and I saw no more of them—I can't by how long it all lasted, perhaps half an hour—I was not called at the, slice-court—I did not see the prisoner use any instrument, or knock he girl's tooth out—I did not hear the prisoner or her husband say "I have been waiting for you all the night, I will give it you now"—I was within a few yards of them—I did not hear the prisoner use any foul language.
Lane's—we came home about 12.15 on this night—I saw Elizabeth Lane and John Martin outside their door making use of very obscene and foul language, threatening the lives of each one in the place, especially the prisoner—when the prisoner's husband went to them to ask what reason they had to call his wife such foul names, Mrs. Lane struck him—with the key of the door—the prisoner ran out to protect her husband, and Lizzie Lane ran out of her door and gave her a severe blow in the head, which felled her to the ground—the prisoner then ran indoors and picked up something, what it was I could not say, and I heard no more till I saw them all run round the corner—I saw no blow.
Cross-examined. I was standing at my own door about 4 yards from Lane's door—I did not see Mrs. Lane knocked down and her head cut open—her head was bleeding before the prisoner came out of her house—I did not see anything the matter with her arm—I saw no blow given to her—I did not hear the prisoner say "I have been waiting for you all night, I will give it you now"—they were rowing before they came out of the house.
The prisoner received a good character.
GUILTY of unlawfully wounding — Two Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution.
JACOB LEVTNSON . I am a hatter, of 178, Old Montague Street, Whitechapel—on Thursday night, 3rd May, I went to bed at 12.30—I had shut and fastened up the house—about 5 a.m. I had occasion to go downstairs, and found that the window of the back door had been broken and an entrance effected—I missed three coats, a cloak, a shawl, and tablecloth, which I had seen safe before I went to bed—these (produced) are them this coat belongs to Mr. Cohen, a lodger.
JAMES FOLEY (Policeman H 228). About 3 a.m. on 4th May, I was on duty in Chicksand-Street, and saw the prisoner; he was carrying one of these coats on his arm and wearing the other—I stopped him and asked where he got them from—he said he had brought them from his brother's, in Gun Lane, Limehouse—not feeling satisfied I took him to the station, and there found on him several books and small things, and this tablecloth concealed in his trousers—where I stopped him was about 3 or 4 miles from Limehouse and about of a mile from the prosecutor's.
The Prisoner's Statement before the Magistrate. "I went to Limehouse to see my brother-in-law, and stopped rather late, drinking—I came across to Baker's Row, and saw two men there. When they saw me they ran away, and when I got up to where they ran from, I found these things on the step of a door; being dark, I did not know whether this was a tablecloth or a pair of drawers.
He also PLEADED GUILTY to a previous conviction at Clerkenwell in February, 1868, when he was sentenced to Five Years' Penal Servitude, after previous convictions— Seven Years' Penal Servitude.
MR. GILL conducted the Prosecution.
EDWARD HENRY RICKHAM . I am a porter, and live at 8, Moor Street, Soho—between 12 and 1 o'clock in the night of 12th May, I was in Earl Street, Seven Dials—I met the prisoner and another man; they opened out and let me pass between them, and the prisoner put his left hand across my throat, and the other across my back, and put his knee into me to try to throw me down, at the same time I felt a snatch at my watch—I pulled my hands out of my pockets and caught my watch—the other man broke the chain in two places, knocked my hat off, and they both ran away the watch was completely detached from the chain by the other man, while the prisoner had hold of me—I retained the watch—they ran up a court close by—I picked up my hat and went about three paces after them, when I saw a constable—he followed them and brought the prisoner back in less than half a minute—I had been drinking but was not drunk.
WILLIAM AUSTIN (Policeman E 73). I was on duty in Earl Street—I saw the prisoner running—from what the prosecutor said I followed him and caught him and brought him back, and the prosecutor identified him and charged him with stealing his watch—he said nothing a he knew about it.
He also PLEADED GUILTY to a previous conviction at Clerkenwell, in August, 1875**— Eighteen Months' Imprisonment.
MR. BRINDLEY conducted the Prosecution.
SAMUEL SHEPHERD . I am a carman in the employ of George Wheelhouse, a provision merchant, of Richmond—on 15th May I was with my cart on the left side of the new Poultry Market, Smithfield—I left my cart for about half a minute to look after my dog and when I returned I missed a firkin of butter from the cart—I have seen it since, it is my master's property, and worth about 4l.
HENRY WOODALL (City Policeman 351). About 4 o'clock on 14th May I was at the west-end of the Poultry Market and saw the prisoner carrying a firkin of butter on his shoulder—I followed him about 400 yards into Hosier Lane—he there dropped the firkin into a truck—I went up to him and asked where he was taking it to—he said he did not know and ran away—I followed him, he struck and kicked me about the legs and said he would do for me and would run a knife into me, but he had not got one upon him.
He also PLEADED GUILTY to a previous conviction at Worship Street police-court, in June, 1876.**— Eighteen Months' Imprisonment.
MR. BRINBLEY conducted the Prosecution.
GUILTY. Strongly recommended to mercy by the Jury—Judgment respited.
NEW COURT.—Tuesday, May 29th, 1877.
Before Mr. Common Serjeant.
MR. C. MATHEWS conducted the Prosecution; and MR. M. WILLIAMS the Defence.
Company and have offices at 86, Regent Street—the prisoner also had an office there from last July—he occupied two rooms, in one of which was a book-case of mine, in which were seven volumes of a book called the "National Gallery"—I was going to remove them, but he asked me to allow them to remain and I asked him to see that they were not marked or soiled—they cost 9l. 2s., but they were very much depreciated and were worth about 3l.—he was absent from the rooms a considerable time about February and they were locked up—he was in arrear of his rent and I had given him notice to go—I discovered in March that these volumes had been taken away—I waited some time and then pat the matter in the hands of the police, who brought me information and showed me the books, these are them (produced).
Cross-examined. I did not let him the rooms it was the London Publishing Association, of which I am a director; not the General Cab Company; the company's business is carried on there—the rooms were furnished—I never borrowed or removed any of the furniture, nor was it done to my knowledge—the books belong to my wife, and I had occupied the rooms before they were let to the prisoner—he stated that he took the rooms for the purpose of publishing the "High Church Calendar"—I went into the rooms a fortnight or three weeks after he left and then saw a vacant space in the book-case but did not exactly miss the books—I did not meet the prisoner several times after that, I passed him in a cab and could not speak to him I gave him in custody about two months after missing the books—I did not take steps before because I never suspected him.
FREDERICK WITTERTON . I am assistant to a pawnbroker, of Lower John Street, Golden Square—I produce seven volumes of the "National Gallery," three of them were pledged on 11th January by the prisoner in the name of John Little for 12s. 6d., and the other four by him on 12th January, one for 4s. and three for 5s. 6d. in the same name.
Cross-examined. I had known him about six months; he had pledged things before.
JAMES LOUIS (Detective Officer C). From information I received from the prosecutor I discovered where these books were pledged and took the prisoner in custody at 12, Richmond Street, Hammersmith—I read the warrant to him—he said "All right, I forgot all about the books, it is all through a man named Gardner."
W. E. DANDO (re-examined by MR. M. WILLIAMS). The keys were brought back to me by a man who professed to come from the prisoner, but I have some reason to doubt it—I swore before the Magistrate "Some papers were given up when the key was brought from the prisoner; I did not tell the man who brought the key that 1 had missed the books."
BY MR. C. MATHEWS. The key was brought back about the end of February, and then I went into the room and noticed the space.
MR. WILLIAMS submitted that this was simply a case of illegally pawning, which was not a felony or an indictable offence, the books not being permanently disposed of, but only borrowed for a time.MR. C. MATHEWS contended that the felonious intention was shown by the prisoner's acts. THE COURT considered that it was a question for the Jury.
NOT GUILTY .
ARTHUR WOODALL GILLETT . I am a captain in the Royal Navy and live at Walton House, West Cowes, Isle of Wight—I was introduced to the prisoner three or four years ago, as a stockbroker, by my brother, not personally, but he mentioned his name—prior to February this year I had various transactions with him in stock securities, and during the whole of that time I treated with him as a member of the Stock Exchange—I believe that he was a sworn broker—I had 364 shares in the Richmond Mining Company in the hands of Messrs. Robarts, and in February this year I wrote to the prisoner about selling them—this is the letter I wrote, and I received his reply on 13th February—I also received these other letters. (These letters referred to a law suit in America against the Mining Company, and the possibility of bribery and corruption being practised on the Jury, and advised the prosecutor to sell his shares.) I afterwards received a telegram from the prisoner which I have destroyed, but the effect of it was that he strongly advised me to sell, and that he was quite sure his advice was sound—on 2nd March I telegraphed to the prisoner "Sell and pay into Robarts'; I will write to them"—on the same day I wrote this letter to Robarts "Cowes, March 2nd, 1871. Dear Sirs,—Will you give the certificate of my Richmond Consolidated Mining Company's Stock to Mr. A. H. Westaway for sale. Yours truly, A. W. Gillett."(On this letter was written "Received 364 shares".) On the same day I wrote this letter was written "Received 364 shares".) On the same day I wrote this letter to the prisoner confirming my telegram—on 3rd March I received from the defendant this sale note "Sold by order of Captain A. W. Gillett, R.N., 114 Richmond Consolidated Mining Shares,. 684l.; brokerage, 5l. 14s.: 678l. 6s. for 14th March"—that is signed by the prisoner, I know his writing—on 3rd or 4th March I received this further sold note "March 3rd, 1871. Sold by order of Captain A. W. Gillett, R.N., 250 Richmond Mining Shares, 1,500l.; brokerage, 12l. 10s.: 1,487l. 10s."—those were both for 14th March—on the 12th prior to the settlement I wrote this letter "Cowes, March 12th, 1877. Dear Sir,—When you receive the money for the Richmonds pay it into my account at Robarts'. Your advice in my affairs has been so uniformly disastrous that I am afraid to take it again; you have nearly ruined me as it is. It was a very bad day for me that I ever consulted you about a revision of my securities, but it has taught me a very bitter lesson. Yours, very truly, A. W. Gillett"—I afterwards received this letter from the prisoner. (This stated: Egyptain Stock is very strong. I only advise it in consequence of the loss: you have made in Richmonds, &c. Richmonds are weak.") In answer to that I wrote this letter, enclosing the transfer of 87 shares—I then received a further letter from the prisoner advising the buying of Egyptian's—up to "this time I had received no advice from my bankers as to the payment of the money to them—on 23rd March I wrote "Yours to hand. If the Tasmanian Line is likely to advance in price I had better not sell just yet. I am desperately afraid of speculation, I have suffered so much and my means are so limited, but 1 think I will venture 1,000l. in the Unified and 1,000l. in the 5 per Cent. Preference"—on the 21st the prisoner sent me this bought note "21st March, 1877. Bought by order of Captain A. W. Gillett 1,600l. Egyptian Railway 5 per Cent. Preference Stock at 63 1/4, 1,012l.; and 2,500l. ditto 6 per Cent. Unified Stock, 39 1/2 987l. 10s.; brokerage, 10l. 5s.; total 2,009l. 15s. for 28th March. Alex. H. Westaway"
—on April 5th I wrote this letter to the prisoner "Dear Sir,—When you have got them, place the Egyptian certificates in Robarts' hands, also the balance of the money," &c.; and on the 6th I received this letter from the prisoner "Dear Sir,—The slight delay in the delivery of the New Egyptian Securities is owing to the conversion still going on, but the 10th instant is the last day for doing this, when the conversion will be closed, I will then deposit the bonds and balance with Messrs. Robarts"—I wrote to him again about 24th April, about the Egyptian Bonds and received this reply. (This was dated 26th April, 1877, from the prisoner, requesting Mr. Gillett to run up to town to see him about the Egyptian clock, and to send a telegram stating at what time he would be there.) On 27th April I telegraphed to him that I would be there between 3 and 4 o'clock, and I went up to town and saw him—he said, "I am sorry I cannot deliver the Egyptian Stock or the money"—I said "Why not?"—he said that the war and various things prevented him—I said "What has the war got to do with my money! the money was given you for a specific object, buying Egyptian Stock;" and I asked him if he had got the money for the Richmond Shares, he said "Yes, if you will give me three or six months time I will repay it"—I said that I could make no arrangement without taking advice—he said "If anything transpires about it I shall not be able to get back on the Stock Exchange"—I said "Are you not on the Stock Exchange?"—he said "No, I have failed"—I said what business had you to be dealing with me if you are not on the Stock Exchange 1 had I known that you had failed I should not have employed you"—I then left, and on 3rd May I received this letter. (Bead: "2nd May, 1877. Dear Sir,—Not having heard from you any further in reference to my debt to you of 2,184l. I write this to propose that I should give you my promissory note for this amount at six months' date, which would leave me time to turn round in, and send in my application for re-admission to the Stock Exchange; my other creditors have accepted a similar arrangement, as ray only wish is to pay you all in full, and I will do so if given time, but should the slightest rumour of these outside liabilities of mine get known to anyone not directly interested in the matter, the rumour is certain to get to the Stock Exchange, and then my getting re-admitted would be hindered completely," &c.) I did not reply to that but came up to London and obtained a warrant.
Cross-examined. From the time my brother introduced the prisoner, to the present time, I have employed him as a broker on various occasions in transferring investments from one class of securities to another, and to a considerably larger amount than the 2,000l. here involved—some of the securities which I so changed I realised at the commencement of this year, and I have some of them at my bankers—I have stock in my hands which he purchased for me amounting to more than 4,000l.—I invested in these Richmonds in the summer of 1875, it is a silver mine, they were not paying any dividend then, I have bad two dividends since—I read the prospectus, and I was strongly recommended to buy them by the prisoner—he did not tell me on 5th April, that the Egyptian shares had been delivered, nor did he show me Messrs. Cappers' contract for the purchase of them—I never heard Mr. Capper's name from him, I swear that—I had no advices from Messrs. Robarts, on 2nd March, when I sent the telegram and letter, and until 5th April, the same condition of things existed, and I wrote and told him to pay in the balance which was in his hands—I did not on
6th April, take the contract notes into my hands to look at them and give them back to him—he offered me some papers which did not belong to me, and I would not look at them—I did have papers placed in my hands which he invited me to look at—he said something about the warand the fluctuations during March and April.
Re-examined. I gave no authority and had no recognisance of the prisoner dealing with Capper and Co., with my securities.
CHARLES ELLS . I live at Downs Terrace, Hackney, and am in charge of the securities at Robarts' bank; I produce this letter from Captain Gillett, authorising his Richmond shares to be delivered to Westaway—I know the prisoner's writing—this is his writing upon the letter—I delivered the scrip over the counter to his clerk who endorsed this receipt for the 364 shares—subsequently to that the prisoner paid in some money to Captain Gillett's account, but he never lodged any Egyptian securities.
ANDREW MITCHELL M'KENZIE . I am one of the firm of Capper and Co., stock and share brokers, of Adams Court, Old Broad Street—I have known the prisoner some time—I remember his failure at the beginning of 1875—subsequently to that we received the permission of the committee to deal with him owing to a rule which debarred us from dealing with him without that permission—this book (produced) is kept by a clerk and made up from the contract notes—I do not check it with the original—I did business with the prisoner myself personally, and under his instructions I sold for him on 2nd March, 114, and also seventy Richmond shares for the settlement of 14th March, and on 3rd March, 100 Richmond shares for the settlement of 28th March, and seventy others at another price, and on the 17th two quantities of twelve and ten for the settlement of 28th March—on 16th March, we received a letter from the prisoner saying "Please let me have cheque for 2,700l.," which I sent payable to his order—that was on the current account—there were other accounts between us besides these Richmonds—that cheque was in respect of stock and shares delivered, including the Richmonds—on 19th March, we received another letter from him containing a request for a cheque for 1,300l. which we sent him, and on 21st March, he bought Egyptians through us: 2,500l. Unified 6 per Cent. Stock, and 1,6000l. 5 per Cent Stock for the account of 28th March—he did not take delivery of the Egyptians on 28th March, and they were carried over to next account, April 12th—on April 12th, he did not take delivery of them, and we sold them by his instructions, but the balance has never been paid to us—his account with us was closed on 24th April, by my authority with a debit against him of several thousands which is still owing to us.
Cross-examined. We did not act for him on the Stock Exchange from;. the time of his failure, only from June, 1876, to March, 1877, and in that time we very likely had transactions with him to the extent of 100,000l.—our practice with him was to have a large number of transactions going on at the same time for him—we sold shares for him and received the money and held it as against shares bought—on the 14th March account there was a balance in his favour of 6,162l. contingent upon the delivery of stock and shares—we were about to deliver the scrip or the transfers—about ten days is allowed after settlement day for the delivery of transfers—on 28th March he was in the same position, only the amount was reduced to 3,401l. contingent—I did not see the transfer of the Richmond shares or the name of Captain Gillett on them—no shares were delivered to us, but they were paid
for and the money came into our possession; that is accounted for in the amounts I have mentioned—I do not remember going to his office—he did not tell me he required to purchase the Egyptian Stock for investment and that they were to be paid out of the money in our hands for shares delivered, I will swear he did not—I will not swear I did not go to his office—to the best of my memory the instructions to purchase the Egyptians were sent on a small slip of paper which would be sent to us on the same day that the stock was bought—I have no recollection of going to the prisoner's office and having a discussion as to the price to be paid for the stock and some figures being altered, or his telling me that as the shares were for investment they were to be paid for out of the proceeds of the Richmonds—there were great fluctuations in stocks and shares in April—I do not know that prior to 1875 it was competent for a defaulter to deal with any member of the Stock Exchange without permission—I do not know that that rule was made in 1875.
Re-examined. I had paid these two amounts prior to the date of buying the Egyptians—the Richmonds we sold to the prisoner would amount to 2,165l.—the prisoner's account with us was settled every fortnight, as every one else's was—a balance was struck—when I speak of a balance of 6,000l. to his good, subject to the delivery of stock, it was also subject to losses on the account—the prisoner never mentioned the names of the persons for whom he was dealing, he stated that he was dealing for clients and said that he was not speculating on his own account—I had interviews with him with regard to closing his account, and he said that he had been deceiving me and the transactions were not for himself—he also said "I cannot meet the loss of them, and therefore you must close the account," and his balance was reduced by those losses—I did not say at the police-court that he said "I have been deceiving you when I said that they were not for myself, "I was never asked—I say decidedly that we did not allow him to overdraw money from us. (The cheques for 2,700l.and 1,300l.were here produced.)
HERBERT GEORGE CASTEEN . I live at Sidmouth Street, Regent Square, and have been clerk to the prisoner for six years—I produce his pass-book and cash-book—he kept the cash-book himself—I find in it on 16th March an entry of the receipt of a cheque for 2,700l. and on the 19th of a cheque for 1,300l.—these (produced) are two cheques of the prisoner's. (Read: "18th March, 1877. Pay Rev. H. E. Bailey, or order, 1,322l. 4s. 11d. A. H Westaway." "16th March. Pay Rev. J. M. Whittard 1,424l. 17s. Alexander H. Westaway"—I also produce the copy letter-book in which is this letter to the Rev. H. E. Bailey, which accompanied the cheque. (This was from the prisoner, stating that he was sorry Mr. Bailey load been inconvenienced, but thinking Mr. Bailey was going to re-invest his money he had employed the amount for a fortnight and Mr. Bailey would only have a few days to wait.) I do not know anything about lending money from account to account—the prisoner had no account with any one except Capper & Co.—I also find here the letter to the. Rev. J. M. Whittard which accompanied the cheque of 15th March, that was for Richmonds sold—I find in the cash-book, entries of these two cheques 1,424l. and 1,322l.—on 16th March, after taking credit for the cheque for 2,700l. and debiting the amount on the other side, the balance was 150l.—there was another cheque for 1,300l. paid in and debiting that amount the balance on 19th March was 208l. 14s. 4d—the prisoner compared the cash-book with the pass-book and ticked off the entries—the balance by the pass-book on 17th March was 135l. 12s. 11d.,
and on the 19th 10l. 2s. 5d.; it went on varying, and at the end it was 29l. 8s. 9d—this cheque for Miss Jane Parmentier on 16th for 29l. 8s. 7d. was for Richmond shares sold for her—I went to Messrs. Robarts' bank and received from them 364 Richmond mining shares.
Cross-examined. I went to the Stock Exchange, in reference to the purchase of some Egyptians—Mr. Mackenzie had not, that I know, been down to the office before that—I remember Mr. Westaway saying that he wished it to be made an even sum, and my going down to see Mr. Mackenzie about it—he said that it should be 2,000l. in round figures in stock—he did not send instructions by me unless they were written on paper—I went to Mr. Capper continually with messages, and have brought cheques from him to Westaway.
MR. AVORY proposed to call Major Gillett, in reference to a letter, which he landed to the Court, proposing a settlement.' Mr. Straight objected to the evidence as although everything might be as represented in 1875, it did not follow that it was relevant to the condition of things in 1877. The Court Having looked at the letter considered that it was not admissable. Mr. Straight then submitted that there was no evidence for the Jury on the first four Counts alleging the entrusting the Richmond shares to the prisoner with a direction in writing to pay the proceeds to Messrs. Robarts, as that direction was got rid of by the prosecutor's letter of 20th March, which revoked the direction and allowed the money to remain in the prisoner's hands, he having then to pay the balance only to Messrs. Robarts; and that as to the direction to invest part of it in Egyptians, and part in Unified Stock, that the prisoner load really done so, the contract being duly executed by Messrs. Capper, and the shares bought, although an obstacle had happened to their delivery, it was not that which was contemplated by the Act, and that according to the evidence the proceeds of the Richmond Stock never came to his hands at all. Mr. Avory contended that although the argument would be a very good one on a civil contract, yet that the prisoner had actually committed the offence on 20th April, when in violation of good faith he applied the securities to his own use. The Court considered that the prisoner must be responsible under his own contract to invest the money, that being what he was employed for, and that the case must to the Jury.
Major Gillett, the prosecutor's brother stated that during his absence at the Cape, between 1873 and 1875, the prisoner had made away with securities of his which he had entrusted to him, amounting to 7,719l.— Five Years' Penal Servitude.
FOURTH COURT.—Tuesday, May 29th, 1877.
Before Robert Malcom Kerr, Esq.
(This case was partially heard before as Jury, one of whom was suddenly taken ill and died; that Jury being discharged, another Jury was sworn and the case re-hard.)
MESSRS. BESLEY and Purcell conducted the Prosecution; and MR. KEITH
FRITH the Defence.
and on 22nd August received this letter. (Read: "Auction and Estate Agency Offices, 488, New Oxford Street, London, August. 21st, 1876. E. T. Edgington & Co. Established 1860. Dear Sir,—If you will call upon me at your convenience I will give you particulars of the partnership advertisement, if not settled, but I cannot go into details without a personal interview Yours truly, Edward F. Edgington.") On 28th August, in consequence of this letter, I went to 488, Oxford Street, and saw Edgington—he said the party he advertised for, a Mr. Barker, of 22, Bloomsbury Square, had found a partner, but he knew of another gentleman who required a partner in the same business at 13a, Red Lion Square, who was a first-class man of business, and that if we could come to terms I should be perfectly satisfied, and that he would recommend the business as a first-class one—no terms were mentioned then, but an appointment was made for the next day to meet Atkinson—I went the next day and was introduced to Atkinson as the party who had written to Edgington about the partnership, and Edgington asked what he wanted—Atkinson said 500l. for a half share of the business, the profits of which were from 500l., 600l., 700l., and even might come to 800l. per annum for each partner; and that the profits had been equal to 500l. for each—Edgington then said that Atkinson had always done some agency business for him which amounted to about 300l. per annum, and that he would still continue to give him that portion of his business, so that I might look for a participation in that 300l. per annum from Edgington's business—those sums represented the profits of the business, so Edgington said, and Atkinson acquiesced in the statement—Atkinson said the best time for business was in the months of September, October, and November, and that it was desirable to come to a conclusion at once, or we might lose some valuable opportunities—it was arranged that I was to pay 200l. in cash and give an I O U for the 300l. balance which was to be paid by quarterly instalments of 50l. out of the profits of the business, which I was told I should have no difficulty in doing out of my share of the profits—a deposit was required of 20l.—I gave Edgington 5l., as I had not 20l. with me, and I gave an I O U for the 15l. balance—an arrangement was made to complete on the 31st—I went on that day to 488, Oxford Street—both prisoners were present—I handed over to Edgington some Bank of England notes which I received from the London and Westminster Bank, Lothbury, in exchange for a cheque from Severs & Thomas—I then signed the agreement of partnership—I parted with my money in consequence of the representations that were made to me by the prisoners of the business they had done, were doing, and likely to do—on the 29th I had asked Atkinson to let me see the books—he said that he had been out so much and for want of office assistance ho had been unable to keep up the books, and that they would not show the business done—I afterwards called at 13a, Red Lion Square, and Atkinson showed me a book called "Public Houses;" that is the only book I saw—I entered on my duties as partner on the 1st September, 1876, and continued in daily attendance up to November 16th, when there was a writ of ejectment, and Atkinson removed the few articles of furniture there were, and on arriving there in the morning I found a man in possession—the furniture consisted of a few chairs and a long stuffed seat—some days afterwards I saw Atkinson at Edgington's office apparently transacting Edgington's business—I did not introduce a Mr. Henderson—Atkinson came to the business place three, four, or five times a week; he only stayed a short time, perhaps half an hour—the only business I knew of was a house apparently sold, the White Horse, Holland
Street, Blackfriars, by a Mr. Brown, who was put into a beer-house in Whitechapel—I did not see any money paid by Brown—I received from Atkinson 7l. 0s. 6d. altogether—the fourteen documents produced were delivered by post or by hand, they were found on the premises. (These were claims for rates and summonses, and papers relating to legal proceedings.) I then consulted a solicitor and went to Bow Street and got a warrant—Atkinson was brought up on the 7th and Edgington on 28th April—I have not since entertained any proposal to compromise the matter.
Cross-examined. I did not say this morning I received 7l., I said I received 5l. 16s. 6d. up to the 16th November, because I was asked up to that date; I have given the whole amount—many entries in the order-book to view are in my handwriting, as many as five in one day, and seven in another—I quite understood I was only to be paid upon sales effected—I went with Atkinson, to the Ship, the Sun, and the Old Fountain Tavern, about the sale of those houses—he had received instructions previously—I cannot tell you what was said—I went to other houses which I cannot name now—the order-book may contain 250 orders—they are not numbered—Atkinson having received my money was to pay office expenses—he paid 7l. or 8l—the expenses were to be apportioned between us; I do not know that the advertisements are not genuine—Atkinson did not tell me I was unfitted for the work—I remember seeing requests to sell come by post—I did not go to see about the houses—I cannot give the average of people who called on business—some called to complain that the house they went to view was not for sale—one case was as to the White Horse, North Street, Fitzroy Square—complaints were mode that the houses had been sold to other parties and they had had their journey for nothing—a man might employ two brokers to sell his house, and one might not be aware of the sale by the other, but I do not know it as a fact—I could not surmise what my commission might have been—I did hot know Atkinson had gone to Edgington's office till I found him there; I urged him continually to carry out his engagement with me—I wrote Atkinson this letter: "On Friday last, when I saw you you said you should procure a partner for the purpose of paying me out, and that you would at once let me know what progress you had made, but I have never heard a word from you"—Atkinson complained of the badness of trade, but I replied that other people were doing business—there are about a dozen entries in the "Register of Public Houses" for sale, while I was there; there are no dates—the prices are marked—they were not sold—I do not think Atkinson tried to get business; I did—he paid for the advertisements with my money, and what he called looking after the business ended with his coming home intoxicated—I issued the orders to view the Red Lion, Shoe Lane, the Ship, Gray's Inn, and the Devonshire Arms—I have seen a Mr. Pinner, and a Mr. Josephs-Atkinson told me the firm was instructed to find a partner for one of those men—Josephs never denied it, Atkinson never told me that he made no profit unless he found a purchaser—I did not go to Duncan Terrace, and tell Mrs. Atkinson,. she had better remove the furniture—Atkinson said he was not liable for the rent when I spoke to him about a distraint coming in a few days after I was there.
Re-examined. There were no sales except that of Mr. Brown's house—the orders to view were given to anyone who applied in answer to the advertisements—beyond Atkinson's statements and the case of Brown, I do not know of any actual business done from September to November—
the notes produced of 100l., 50l., and two of 20l. are the notes paid over by me—the 100l., and the two 20l. notes bear Atkinson's signature, the 50l. that of Edgington.
CHARLES LEE . I am a cashier in the London and Westminster Bank, Lothbury—I produce a 100l., two 20l., and a 50l. note paid by me in favour of a cheque of Messrs. Severs and Thomas, on the 31st August.
EDWIN HENRY INCH . I am assistant to Messrs. Harrison, pawnbrokers—on the 30th or 31st August, I received a 50l. note from Edgington, to redeem a gold watch, value 9l., which had been in pawn from the 24th May—I gave him the change, and he wrote his name on the note.
FREDERICK MORLEY HILL . I am accountant at the Birkbeck Bank—the cheque for 2l. produced was presented on April 17th, 1877, and refused payment, because the drawer Edgington's balance was only 1s. 10d.—his account closed in 1867.
ANDREW HENDERSON . I reside at 28, Millman Street, Guildford Street December I saw an advertisement in the "Daily Telegraph" in reference to a partnership, in consequence of which I went to 488, New Oxford street—I there saw Atkinson and then Edgington, who drew up a memorandum and submitted it to me I afterwards received this letter of 21st December, 1876, signed by Edgington: "If you are prepared to carry out the proposed arrangement, please call on Mr. Edgington between 3 and 4 or 7 and 10 to-morrow, Friday. Yours truly, Edgington & Co."(Thomas Galpin. This letter is in Atkinson's writing.) On the 8th December I received from Edgington this letter: "Please give me another call at your earliest convenience. I will keep any written appointment not before 5 p.m.—I afterwards called; Atkinson's name was not mentioned, but I saw Atkinson at his own house after I received this letter from him of January 23rd, 1877, from 9, Duncan Terrace, Islington: "I am informed by Mr. Edgington of 488, Oxford Street, that you are desirous of investing money in a partnership. I shall be pleased to see you if you will make an appointment"—a proposal was then made to me by Atkinson of a partnership in a public-house business for which I was to pay 500l.; no place was mentioned, but I was to have an equal share—I was to pay 200l. down at once for the purpose of relieving him of his present partner, who, he said, was too old a man and quite useless in the business—he said the profits were very fair, but no sum was mentioned—on the 6th February I received this letter from Atkinson: "Dear Sir,—I shall be pleased to know your decision as regards the proposed partnership, as I am desirous of at once settling my arrangements"—I did not see him after that letter—he had told me the best time for business was February and March, on account of gentlemen's servants coming to town who had received money in the holidays in the country and wished to invest it in public houses—I did not part with any money—Atkinson is the same person I saw at Duncan Terrace and at 488, Oxford Street—he explained that he was a confidential clerk who had a knowledge of the value of the public houses.
JOHN EDWARD TOYNBEE (Policeman 612,). I have been in the force about four years, from October, 1873—I was previously a partner with Atkinson, trading as Toynbee & Co., at 72, Southampton Row—I put 100l. into the business—I was a partner several months, from March, 1872, to early in 1873—I do not know this "Applicant's" book, I do not think I have seen it before, but this ledger was one of our books—there are entries in it which appear to be in my handwriting, though I would not
swear to it—I took 2l. per week sustenance money out of the partnership—Atkinson bought me out and took another partner—I do not know what the new partner paid him—the business was not paying when I left—I believe the firm was called Atkinson & Co. afterwards, but—I did not trouble myself much about it and I do not know anything of the business in Red Lion Square.
Cross-examined. Our firm employed one or two clerks and three or four canvassers—I did not like the business—I was not underpaid—I received my sustenance money regularly—the custom of the trade is to make no charge unless a sale is effected—the earnings of public-house brokers are very irregular—Atkinson fulfilled every engagement he made with me, and as far as I know he conducted the business in an honest and straightforward manner—I have seen him since in the City, when we shook hands—I have seen him several times—during the time I knew him he bore a good character—I was called this morning as a witness for the defence—nobody asked me to come as a witness for the prosecution.
Re-examined. I do not know who has called me now.
FREDERICK KEBLEY (Detective Officer B). I know Edgington by sight—I had a warrant, dated 10th April, for his apprehension, and took him into custody in Bloomsbury on the 22nd April—I found several papers at his house, amongst which was a filled-up ohequejon the Birkbeck Bank, and a receipt for 2l. 10s., given by a Mr. Clarkson to Edgington in January, 1877, also seven pawn tickets—I found on him a dozen letters addressed to X. Y. Z., at a house in Bloomsbury Square, in reference to apartments—I also found this newspaper report of-his appearance in a police-court, and this letter written to the editor of a newspaper, and a notice from a Mr. Verrall putting an end to his connection.
Cross-examined. I did not inquire when I first had the warrant, at the house in Bloomsbury Square, but I have since ascertained that he lived there—he was in furnished apartments.
Witnesses for the Defence.
WILLIAM GEORGE COLLEY . I am a solicitor, carrying on business at 26, Budgo Row, City—I have had many years experience in the sale and transfer of public-houses, in fact since I was admitted in 1862—I have known Atkinson, three or four years in his business as a public-house broker and valuer; I employed him to sell the Ship public-house for l,850l. at 5 per cent, commission—I come here voluntarily having seen the account in the newspapers of this case—last season was the worst ever known for his business—I have looked at the advertisements in this book—if a fair amount of sales took place a handsome commission would be realised—I have never known anything against his character.
Re-examined. He does not move in the same circle as I do—I have not inquired into the transactions of the prisoners, I have been travelling about a good deal in Africa and other places—I do not know a Mrs. Watson—a client of mine bought the Ship of Atkinson—he lived there two and a half years, and then wanted to sell it—the purchase-money has not yet been paid, and there is a law suit about it.
VALENTINE HUTTON . I live at Twickenham, I represent Messrs. Merrett and Co., commission agents, of Mark Lane—I have done business with Atkinson—he sold a public-house for me, and conducted the business to my satisfaction; I have never heard anything against his character.
Cross-examined. The name of the public-house was the King's Head—
his commission was four guineas—another agent told me to go to his house and I saw the name on the building—I did not know that Atkinson had any partners—I do not know Toynbee, Chandler, or Verrall—I went to Red Lion Square two or three times—I saw Atkinson, about half, a dozen times in 1872 or 1873, for about a year.
He-examined. Atkinson was recommended to me as a respectable person, and I never heard anything against him.
EDGINGTON* and ATKINSON— Five Years' Penal Servitude each.
OLD COURT.—Wednesday, May 30th, 1877.
Before Baron Huddleston.
MR. LILLET conducted the Prosecution; MR. M. WILLIAMS and Mb. C.
MATHEWS the Defence.
GEORGE ABBOTT . I am a Great Western van boy, and live at 7, Craven Place, Kensal, New Town—the prisoner and his wife lived at No. I—on Saturday afternoon, 14th April, between 4 and 5 o'clock, I was at home, in consequence of hearing a noise I went out and saw Mr. and Mrs. Wicks running; Mr. Wicks ran indoors and fetched out a spoon and struck Mr. Wicks on the head with the bowl part, she had the handle in her hand—the prisoner went to return the blow, and instead of that he stabbed her in the neck; I thought he struck her to defend himself—I saw the knife in his hand after it was done—she fell against the fence, and her sister got hold of her, and took her to the doctor's—I saw blood come from the wound directly the blow was given.
Cross-examined. She was close to him when she struck him with the spoon; it was all done in an instant—he appeared to put out his hand as if to ward off the blow—I did not see the knife until after it was over.
Re-examined. I saw it directly the blow was struck.
HENRY STACEY . I live at 10, Landseer Terrace, immediately opposite the prisoner's—I was standing at my door on the afternoon of 14th April, between 4 and 5 o'clock my attention was called by the prisoner and his wife quarrelling, which was very frequent—I could hear them using very violent language towards each other, more especially on her part—I saw her driving him out saying "Stab me you b——if you are a man, stab me, stab me"—she kept on saying it three times, and she struck at his head three or four times with a spoon—there is a little narrow garden in front of their house, about 2 yards wide, and the prisoner backed out into the path and then into the middle of the road, she striking at him all the time; I never saw him raise a hand to her till this happened, and then he held up his hands to ward her blows off to all appearance and gave her a push—he pushed her with one hand, but he had both hands up, she was striking at him furiously on the forehead, and I believe it did cut him—she even struck at him after she had received the stab—I did not see any knife until the policeman told me that he had a knife—I did not see any blood, I saw the sister get a cloth and put on her neck and take her off to the doctor.
Cross-examined. While she was striking at him he was trying to get out of her way to avoid her blows—she was very violent and excited, she was more drunk than he was, and using most horrible language.
CHARLES HAGAN (Police Inspector X). I went with Mr. Hannay, the Magistrate, to St. Mary's Hospital, and there saw the deceased Elizabeth Wicks—she made a statement which I took down, I afterwards read it over to her and she made her mark—Mr. Hannay asked her if she knew that she was dying—she said "Yes, I have no hope of recovery, my breath is so, bad"—she could only speak in a whisper—this is her statement. (Read: "On Saturday, my husband was at home sitting by the fire, he had been drinking, I went in and said to him "You might have done your work," and I asked why he would not let my son do the work as he would not do it himself. He called me very bad names, and I ran upstairs and got a little iron fender and threw it down at him, but it did not hit him, he got up, and went into the garden and sharpened a knife; I took a spoon out of the drawer and went to him, but I did not hit him; he was stooping sharpening his knife; he got up turned round and stabbed me in the neck; I don't remember any more. I had a share of two or three pints of beer. My husband had been drinking for six or seven weeks; he was the worse for drink at the time, when he is sober there is not a kinder man or a better husband.
DAVID ETHERLEY (Policeman X 3). On 14th April, about 5.15, I was on duty in the neighbourhood of Craven Place—in consequence of information I went to Mr. Pocock's surgery, and there found the deceased, she could not speak—I then apprehended the prisoner in the Kensal Road, I found this knife in his hand covered with wet blood—I said I should take him in charge for stabbing his wife in the neck—he said "Don't handle me, I will go quiet, I know I did it, she must have run up against it"—he had been drinking, but was not drunk, he appeared to be perfectly sensible.
ELIZABETH WILLIAMS . I am the wife of John Williams and live at 2, Craven Place, next door to the prisoner—between 4 and 5 o'clock in the afternoon of 14th April, I saw the prisoner come out of his house eating some food; I did not see that he had anything else in his hand—he said it was hard to work to keep two women—Mrs. Wicks' sister was living there at the time—his wife came out and told him to cut her b——pocket off she had a table spoon in her hand, and she ran at him to hit him, and as she turned round I saw the wound in her throat—I could not say whether she hit him or not—I helped her off to the surgery.
Cross-examined. He held up his hand as if to keep her off.
BY THE COURT. I saw him all the time he was in the garden, he was not sharpening any knife.
MARGARET WELLIN . I am the sister of the deceased—on the Saturday afternoon when I came indoors my sister and the prisoner were quarrelling upstairs in the bed-room, he came down and my sister followed him with the fender, she hove it very violently, but did not hit him—he went into the garden with the knife in his hand—my sister said "Cut my pocket out"—she said that to aggravate him; she went into the garden to him, and then came indoors and fetched a German silver tablespoon that was on the table and hit at him with it; I went to run after her, and my skirt caught in the fender and I could net catch her in time to save the blow; I got to her as the stab was given; I can't say whether she struck him, I had to turn my head to remove my skirt from the fender—I found that she was
stabbed at the left side of the neck; I did not see the prisoner do anything, I don't know how it was done—I ran indoors and got my apron and put round her, and took her to the surgeon's—she was afterwards taken to the hospital, I saw her there dead—the prisoner is a master sweep.
JOHN BATTEN COOMBE . On 11th April, I was house-surgeon at St. Mary's Hospital, I received the deceased there and examined her—she had a wound in the upper part of the neck, on her left side, about an inch long; I did not probe it, because fluid and blood came out of it—it went into the back of the larynx and food came out of it, I should say the depth was about 2 inches, it pierced the larynx right against the spinal column; the wound had been closed by two small superficial stitches by an assistant of the gentleman to whom she had been previously taken; I had to take those out before I could form an opinion as to the wound—there was not much blood, she could not swallow, or speak, except in a whisper, inflammation of the lungs immediately set in about ten days after, and she died on 9th May, from exhaustion and inflammation of the lungs, the result of the wound; she was of rather a bad habit of body, and apparently had not led a very regular life, but these wounds are almost always fatal even in the strongest habit of body—in my judgment unless she had received this wound she would not have died—a knife of this sort would cause such a wound.
BY THE COURT. The wound was quite horizontal with the body, it went in at right angles, not downwards; if the man held the knife stiffly in his hand, the woman falling against it might be sufficient to produce the wound, it was a penetrating wound; if she had fallen forward it ought to have been not only penetrating but longitudinal—it might probably be caused by the woman coming against it, it is unusual to get such a wound in that way, but it might be.
NOT GUILTY .
NEW COURT.—Wednesday, May 30th, 1877.
Before Mr. Justice Manisty.
MESSRS. POLAND and BEASLET conducted the Prosecution; and MR. MONTAGU
WILLIAMS the Defence.
NOT GUILTY .
THIRD COURT.—Wednesday, May 30th, 1877.
Before Mr. Common Serjeant.
MR. BESLET and MR. PURCELL conducted the Prosecution; and MR. MONTAGE WILLIAMS and MR. FULTON the Defence.
ARTHUR BRIANT . I live at Southampton, but was formerly in business at Bournemouth, and Mr. Lane, a banker's clerk, of Bournemouth is my friend—on February 8th I saw an advertisement in the "Standard," in consequence of which I addressed a letter to "Veritas, 1, Great Queen Street"—I received a reply, making an appointment at 35, Parliament Street, Westminster—I went there and saw a man who called himself Wright, and made an appointment to call again, which I did, I think the same afternoon,
about 4 or 5 o'clock, and saw the prisoner Raven—I told him I had come on behalf of a friend to inquire about an advertisement in the "Standard," to which he assented.The advertisement was dated February 8th, 1877, of a partnership half share in an auctioneer and estate agent's office in the West' end for 500l., letters to be addressed to Veritas, 1, Great Queen Street). I said that if the business was a satisfactory one I would communicate with Mr. Lane—he said "These are the offices"—I asked how long the business had been established there—he said "About four years"—I asked what income was derived from the business—he said "About 700l. or 800l. in the twelve-months, "but it was capable of extension, as it was an increasing business—on 17th February I called again with Mr. Lane, who asked, in my presence, where the offices were—he said "Here," and as to the length of time the business had been established the prisoner gave the same replies as he did to me—Mr. Lane also looked through the ledger and put questions which I did not pay attention to—I asked how the offices were let—the prisoner said by a three years' agreement, and that as he had the letting of the greater part of the offices in the neighbourhood the tenancy could be renewed on the same easy terms, but if let to any one else they would be worth more money—he also said to Mr. Lane, in my presence, "Within the last few days an estate near Epsom, worth 22,000l., has been put in my hands, which had formerly been placed with Messrs. Farebrother, but they did not push the thing as I shall," and that the profits of that should be thrown in—he showed us a printed bill, on which I saw the name Farebrother, but did not read it—Lane asked whether there would be time to run to Chippenham to see his father to ascertain how soon he might be released from the bank, as they could claim his services for three months—Raven said the 100l. must be then paid or the thing would fall through, as others were after it—references were exchanged—the money was then paid on the understanding that it should be returned—I wrote a cheque and gave it to the prisoner—the agreement was then signed, Raven's name being first—this is Raven's endorsement on the cheque. (This was on the Bournemouth branch of the Bank of England; the references were F. B. Cameron, Esq., 78, Queen Victoria Street, and Frank Keen, Esq., Hillsborough Villa, Talfourd Road, Peekham.) We received this paper with a lithographed heading "35, Parliament-Street, Westminster. Mr. Briant has this day paid to me the sum of 100l. as deposit that Mr. H. L. Lane shall complete a partnership with, me; the same, if the references given by me are not found to be satisfactory, to be returned. Thomas Raven"—I believed the prisoner's statements or I should not have parted with the cheque—I afterwards went to Parliament Street to make inquiries, as the references were not satisfactory—I saw the prisoner on the Saturday and asked him to return the money, and on the 20th I went to Messrs. Tatham & Mackreth, solicitors, and previous to 3rd March I went to Bow Street and swore an information—I have since been several times to Parliament Street, but found the offices locked, they appeared to be empty—I could not find the prisoner.
Cross-examined. The references were not fictitious—the prisoner did not say that he hoped before long to have the letting of the offices—I do not know much about London—the offices struck me as being rather mean; they did not bear out the description given of them in the advertisement—I saw a board but did not take much notice of it—I am sure the prisoner said he had carried on business there four years—it was not a general statement that he had carried on business four years—I saw a book" lying
on the table like this one, but there was no address on it—It was not this book (A List of Property to Let)—when I asked for the return of my money the prisoner said he would see his solicitor, but I never saw him again til he was in custody.
HENRY LANE . I am a cashier in the Wilts and Dorset Bank, Bourne-mouth—Mr. Briant called my attention to this advertisement, and on 17th February I went with him to Parliament Street—I saw Raven and Mr. Wright, and two clerks in the outer office—Mr. Briant introduced me as the intended partner—I asked the prisoner how long he had been there he said "I have been four years as an auctioneer and estate agent, here"—I asked about the profits of the business—he said they were 700l. or "800l. a year, but if he took a partner the profits were capable of extension—that the profits consisted of commissions on sales and lettings and the letting of apartments at the Lord Mayor's Show and other occasions—he said that the commissions went a great way towards the establishment; that he had just had an estate at Epsom of 22,000l. value put into his hands which had been taken out of Messrs. Farebrother's hands, and that the profits of that estate, which would be considerable, should go into the partnership—I was to have a half share—I gave three references and he gave me two—Raven said that a deposit must be paid or the partnership must fall through as he had several other offers, and, in fact, had received 100l. that morning as deposit—I thought his statement satisfactory, and paid the cheque produced on the understanding that if his references were not satisfactory the deposit would be returned—this letter was written in my presence. (Acknowledging the receipt of the deposit)
Cross-examined. I am sure Raven said he had carried on business there four years—I said at the police-court that I could not swear Raven had been at Parliament Street four years, but that he had said so—I had only been in Parliament Street twice before—I thought the buildings looked considerable—I understood him to say that he had the letting of offices in that block of buildings—I did not notice the painted board over the "door.
RICHARD LAWLESS . I am clerk to Mr. White, 35, Parliament Street—the prisoner applied to me in October for a floor which was to let, and signed this agreement. (This was dated 26th October 1876, between Thomas White and Thomas Raven, agreeing to let and take the first floor, from the '24th October to March, 1877, and thenceforward, at a yearly rent of 80l.) I gave possession when that agreement was executed—the' prisoner paid, about 5th March, part of the rent due at Christmas—I called on 26th March for the balance, but the offices were empty—I did not see any business done there and only saw Raven there once or so.
Cross-examined. There is a board containing a notice: "Offices to Let. Apply to Mr. White, 14, Parliament Street, Westminster."
Re-examined. The prisoner was not authorised to let any of the offices.
SIDNEY HOWLETT . I live at 80, Tavistock Crescent, Westbourne Park, and am a book-keeper—previous to September, 1875, I desired to obtain a partnership, and seeing an advertisement in the "Daily Telegraph, "I went to the offices of a Mr. Allen, in the Strand; I forget the number—the following day I went to 148, Strand, and saw a Mr. Meager, who referred me to 35, Essex Street, where I saw Mr. Shakespear and Raven—Raven had previously described himself as an auctioneer—I entered into partnership with him and paid 350l.—I attended at the offices, 148, Strand, I
think about 1st December, 1875, and continued till 31st of March following, but as there was no business done there, I took out a warrant and gave up the premises to the landlord—this is the prisoner's pass-book (produced), it shows an entry of 350l.—the balance left to the credit of the firm was 1s. 9d.
Cross-examined. I signed cheques that were drawn—we drew money out of the business as we required it—I think I drew about 46l.—I went into Wales and other places on supposed business, but I never saw the client—I also attended some sales of furniture, the proceeds of which were never accounted for, and I am personally responsible—I wished to withdraw from the prosecution but Mr. Vaughan would not allow me—we kept a clerk, who is here; We never paid him.
HENRY STACEY ., I am clerk to Messrs. Farebrother, Lyne, & Palmer, 8, Lancaster Place, estate agents—there was no property value 22,000l. at Epsom in January or February in our hands, and no transfer of such property was ever made.
Cross-examined. I was not there in 1875.
EDWARD FELIX ELLIS . I am clerk to Messrs. Farebrother, Ellis, and Clark, of 5, Lancaster Place—I have been with them since 1876 I do not know of any property at Epson of the value of 22,000l. being placed in the hands of our firm or transfered to Mr. Raven.
Cross-examined. I was not there in 1875.
WILLIAM BOYELL (Detective Offer E). I produce a warrant dated 7th March, 1877—on April 22nd I saw the prisoner leave the Kingsland-Road; on seeing me he ran from Wimbledon, through Merton, into Malden parish, a distance of 2 miles—I ran after him and told him I had a warrant—he said "Pooh, pooh that matter has been squared"—I said "Here it is," and he went off running again; I followed and caught him—I had previously gone to Parliament Street many times, but he was never there, although I sometimes waited all days, as there was a piece of paper on the door saying "Back directly."
Cross-examined. Some papers were found on him which were handed over to the solicitor—I believe there was a letter about surrenderiing, but it was not read to me.
Witness for the Defence.
WILLIAM MASON . I live at 73, Beresford Street, Walworth—I was clerk to the prisoner after Mr. Howlett became partner, and continued to be so in Parliament Street—Mr. Garrett brought a report signed by Forebrother to 35, Parliament Street, with reference to the Epson property—I think it was in February—I took down his instructions in writing, and this is the copy produced—the value of the estate was 22,000l., it is situated between Banstead and Ewell—the prisoner did not abscond from Parliament Street, but was in business at 26, Leadenhall Street till about August, September, or October last, and was in the City every day—it is not true that he kept out of the way to avoid a warrant—he had a very nice business in London hall Street—a Mr. Millett was his partner.
Cross-examined. I think MR. MILLETT paid 500l.—I do not know whether he is trying to get his money back—I have been clerk to Mr. Raven since December, 1875,—when I say a very nice business, I mean he appeared to do a good business, as plenty of people called.
He was further charged with a previous conviction in November, 1866, to which he PLEADED GUILTY— Seven years' Penal Servitude.
FOURTH COURT.—Wednesday, May 30th, 1877.
Before Mr. Recorder.
MESSRS. F. H. LEWIS and GRAIN conducted the Prosecution; and MESSRS
BESLEY and TICKELL the Defence.
ERNEST ROBINSON . I am a clerk in the London Court of Bankruptcy I produce the proceedings in the bankruptcy of Robert Shaw Pitkethley, 21 21, Gresham Street—the petition was presented by Mr. Parren and Mr. Cunningham, on 15th May, 1877—he was adjudicated on the 25th. (The act of bankruptcy was read from the proceedings.) On 13th March, 1877, Mr. Hazlitt, one of the Registrars of the Bankruptcy Court, was appointed trustee—I also find upon the file of proceedings a copy of the "Gazstto," in which the adjudication of Pitkethley appears—the last examination on was on 17th April—from the file it appears that the bankrupt never appeared at all.
Cross-examined by MR. TICKELL. The petitioning creditors' debt was 200l., but no accounts were filed, and therefore I cannot tell you the total amount of the debts—I don't think there are any other creditors—them were no proofs of debt—there is nothing to my knowledge in these proceedings to show that the prisoner over knew anything about the examinations—there is the "Gazette" to announce it.
FREDERICK THOMAS WOOD . I am a clerk in the official assignee's office of the Bankruptcy Court—when one of the Registrars of the Court is appointed trustee the affairs of the bankrupt come under my notice in the course of my business—the prisoner has not accounted to me for the sum of 3l. 13s. 6d. or for 23l. 16s. 6d., or for any sums whatever, or any furniture or property of any kind, or disclosed to me how he disposed of it, or given me any information on the subject.
Cross-examined by MR. TICKELL. I had never seen him—I am not trustee, Mr. Hazlitt is—there are eight or nine in the office besides me, but he would not account to them or Mr. Hazlitt—ho would be sent to me—I don't know that we have have ever applied to the Court for any direction as to administering the bankrupt's estate.
Re-examined. It is not the course of business to make application to the Court before information is given us.
WILLIAM PARREN . At the end of last year I was a partner in the firm of Devas, Routledge and Co., of Cannon Street, warehousemen—a person named Houston was indebted to our firm between 100l. and 200l., and also, to my knowledge, to other people—he assigned to me, Mr. Cunningham, and Mr. McCuthan, his property for the benefit of the creditors—this is the deed ef assignment (produced), and my signature to it; it is witnessed by Pitkethley—I know Pitkethley; he carried on business us an accountant and auctioneer in Gresham Street—I as one of the trustees, employed him to sell Houston's business, which was that of an itinerant tallyman—I received no account sales from the prisoner, nor saw any in his writing—I had bills and assignments from Mrs. Pitkethley, but not from him—I afterwards learnt that the round of Houston's business had been sold—I never received from the prisoner 194l., or any sum on account of the sale—I received in the middle of December some bills of exchange from Mrs. Pitkethley; one of them has
been paid, the remaining two are here (produced); they ore made payable to us as trustees—I several times went to the prisoner's office in November, but could not find him; his office was locked—I presented a petition in bankruptcy against him in January.
Cross-examined by MR. TICKELL. Neither the eight nor twelve months' bills have matured yet—the four months' one has been paid—some time after the signing of the deed I met the prisoner in the street; it might be a month or three or five weeks after—he said he had not received the money for the furniture—there was some dispute with Houston as to the amount to be received for the furniture—that was about the only thing that transpired when I saw him at that time—he said he had sold the stock on the round—when I called at his office I saw no notification on the door—the last time I made inquiry in the ground floor office about the middle of November, and a lad said he had not been there for some time—I had not made inquiries before downstairs—I never left any message for him—there was no one to leave it with and the door was locked—I did not see a letter-box in the door, I did not look for one—I could not swear there was no notice on the door, I saw none, nor a slate—generally speaking, before a dividend is declared the accountant makes up his charges against the trustee—the system is that when the accountant has realised the estate it is his duty to hand the proceeds to the trustees—I have acted as trustee very frequently—I first of all deduct the accountant's and solicitor's account and divide the remaining portion pro rata amongst the creditors—it must be a very small estate where only one dividend is declared; I call this a moderate one.
Re-examined. It was the prisoner's duty to have immediately handed over the 194l. to the trustees, to whom it belonged.
WILLIAM CUNNINGHAM (cross-examined by MR. BESLEY). I was concerned with Mr. Parren and another gentleman in the trusteeship of Houston's estate—I have not acted as trustee in such matters before—my brother-in-law purchased Houston's estate on 29th September; it was transferred to me afterwards; it was a private affair, I take it—I know Mrs. Pitkethley; I believe she was carrying on business in Westbourne Grove—I never knew that Pitkethley had received 194l.—I knew Mr. Maltman was going to pay 200l. cash, and the rest would be accepted for—I never made a demand to the prisoner to hand the money direct to me.
CHARLES RICHARD FOREMAN . I am a clerk to Mr. Agar, of 21, Gresham Street, whore the prisoner had a room on the third floor, and carried on the business there of an accountant and auctioneer—he had been with us about two years—he moved from Friday Street with us—I last saw him at the office about 20th November, I think—some time after that I went up into he room whore I saw a lot of old books.
BY THE COURT. One of the creditors, I believe, came over—I have not he date—we were acting for the creditors and I went up into the room with he managing clerk and saw a lot of books there relating to old estates, which lave since been removed by the Bankruptcy people.
Cross-examined by MR. BESLEY. I did not see him in March, I heard he was back—I believe he was living with his wife who had a millinery business in Westbourne Grove—before the removal to Southport, I believe n assignment was made by Mrs. Pitkethley, for the benefit of creditors—we were acting for her for a short time, I cannot give you the date—it is a matter Mr. Agar attended to chiefly; I believe he is not here—we acted for or until this prosecution commenced when Mr. Agar declined to act any
more—he was concerned for one of the principal creditors—he was not solicitor for one of the trustees of the estate of the millinery business, we were not concerned for Mr. Pitkethley's creditors—I saw Mrs. Pitkethley several times—I did not know she was going to Southport, she told me she was going to start a business away from London.
DAVID MALTMAN . I am a draper of 11, Bancroft Road, Mile End Road—on 29th September, I purchased from Mr. Pitkethley, the daily rounds belonging to James Houston, of Stepney, and I paid him in part payment of that purchase on 25th October, 192l. 10s. by this cheque (produced) which has been returned through them as paid—he gave me this written receipt for 200l. (produced)—the discount was taken off and I gave him a receipt for the full 200l.—I also gave him on that date three acceptances payable to the order of the three trustees for the balance of the purchase money, making up 641l.
Cross-examined by MR. BESLEY. I attended the sale by action—Mr. Pitkethley was not the auctioneer—I was the highest bidder—it was an open competition—I understood the prisoner was the agent—the cheque was made payable to his order—the first acceptance became payable four months after the 29th September—when it became due I received it from Mr. McCuthan, I believe, it having been paid.
Cross-examined by MR. BESLEY. The cheques that come in and are carried to customer's accounts, pass through the hands of many clerks—we do not return them unless applied for—we had possession of Mr. Pitkethley's passbook—I cannot say when we parted with it—I looked in the drawer for a cheque for 23l. 16s., which I found and it was given up, but we could not find the one for 122l. 10s.
JOHN EDWARD PARRATT . I am cashier at Glyn, Mills, and Co.'s—on 8th November last, I cashed a cheque over the counter for 122l. 10s., drawn by R. S. Pitkethley and Co.—I have my counter-book here (produced)—I paid it with a 20l. Bank of England note, and 102l. 10s. in money.
Cross-examined by MR. BESLEY. We have several transactions in the course of the day and pay large sums—I have no memory as to this cheque, except by looking at the entry in my book.
Re-examined. The note was made at the time, and is a true entry.
JOHN MCNAE . I am a draper at Brentford—I have known the prisoner for many years—I called at his office on 18th November, and received from him a cheque for 122l. 10s., which I presented to a gentleman over the counter at Glyn, Mills, and Co.'s I have no doubt, or I should not have received the money—I do not recollect it—I believe there was a note with the rest of the money—I also received a quantity of gold—I cannot say whether the cheque was payable to my order—I endorsed it at the bank—that is my name on it—I handed the money to Mr. Pitkethley—I borrowed 20l. of him at the same time, which I repaid to Mrs. Pitkethley, about December or January—the prisoner asked me if I would oblige him by going to the bank to get the cheque cashed, and when I came back I got what I required, 20l.—we have had several transactions—he was not indebted to me 23l. 16s. 6d. on 17th November—I have seen this cheque before—it is payable to John McNae, Esq.—this is my writing at the back—I handed it back to Mr. Pitkethley—I received it at his office—it was
given me for accommodation, and when I got the other cheque changed I handed this one back, to the beat of my recollection, and had 20l.—I could not say whether it had any crossing on it when he handed it to me—I do not bank at the London and County Bank—I think "London and County Bank, Bayswater," is the prisoner's writing—I did not require to cash it on the 17th.
Cross-examined by MR. BESLEY. I believe the prisoner is sixty-two years of age—he has lived with Mrs. Pitkethley whilst the business at Westbourne Grove was prosperous—I have had many transactions with him, both in lending him money and he lending me money—I think the cheque for 23l. 16s. 6d. was given before the larger one, of which there is no trace—I wanted a larger sum than 20l., but he said he could not spare it—I have no recollection of how the 23l. 16s. 6d. was made up—I paid Mrs. Pitkethley 2l. 10s. for interest—the assets of the Houston's estate represented a dividend of 3s.—I lent the prisoner some money previous to his absence—I assisted in the sale of some furniture belonging to Houston's estate, which amounted to 9l. 14s., I think—the landlord was paid 8l. out of it—the prisoner was absent for some weeks—I did not know that his wife assigned for the benefit of his creditors.
Re-examined. The prisoner told me about a week before the meeting, when the cheque was drawn, that he was going to Scotland on business of his mother's.
Cross-examined by MR. BESLEY. Her account was opened in August, 1874, and has continued to the present time—this is her paying-in slip referring to that cheque—it was paid in on 20th November, 1876—the person's name who paid it in is at the bottom, and the stamp is on it—it corresponds in amount with the cheques.
NATHANIEL WILLIAM DRIVER (re-examined). The prisoner has not now an account at Glyn, Mills, & Co.—I am ledger clerk—here is my ledger—the cheque for 122l. 10s. was drawn out on 18th November, and one on the 17th for 23l. 16s. 6d.—another cheque was drawn which entirely cleared the account—I may say with reference to the cheque for 102l. that it is impossible that it could have been in the drawer, because I have a small book here which indicates that it had gone back to his possession—they examine the passbook with the ledger and they tick it.
FREDERICK ANGEL . I am a clerk to Messrs. Boyd and Co., of 19 and 21, Queen Victoria Street, London Agents for the Philadelphia Steam Ship Company—I recollect someone coming to me on 18th November, and taking a passage by the steamship Ohio from Liverpool for Philadelphia—he gave the name of A. H. Wilson—I-have my book here—he paid me twelve guineas and I gave him a passage ticket from that book—this is one of our bills that we keep in the office—the stamp in blue ink in the corner is the stamp we use—when persons take a passage we usually give them a bill.
JOHN WRIGHT . I live at Adswood, near Stockport, and am a drain pipe manufacturer—I have known the prisoner for a number of years—I received a letter from him in the middle of November, which I believe is burnt now—it said that he was going to America—in consequence of that letter I went to meet him at Liverpool, and went on board the Ohio with him—a bell was rung for persons, not passengers, to leave—I left leaving the prisoner on
board—when I went to meet him the night before I asked him what was the matter—he said "Don't ask; bad enough"—that was the only reply he gave me—when he was in America he wrote to me in his own name—I never knew him by the name of A. H. Wilson—he left somewhere about 22nd November—I saw him at my house when he came back in the latter end of March or the beginning of April—he was alone—I received a letter from him in reference to some furniture—I am not sure whether it was before or after he came to me—I don't know what became of the letter—I never gave him any authority to assign any furniture to me—I did not know of his intention to send any furniture to me until he wrote to me that he had sent some—some packages came me—I got a consignment note which I suppose you have got—I gave it to the detective; no, I never had it at all—I gave it to Mr. Pitkethley I believe, but I am rather confused. (Consignment note read: "April 9th. Mr. Wright, Adswood; six packages of luggage weighing 5 cwt. I qr. 7 lbs. Total to pay, cartage expenses, 18s. 4d." By another consignment note the charges to pay were 1l. 11s. 6d.) These tickets I gave back to Mr. Pitkethley at my house—I received 100l. in gold from Mrs. Pitkethley to take care of—I gave her this receipt (produced) and afterwards gave her back the money—it is in the prisoner's name—I said "You had better have a receipt for that money," and Mr. Pitkethley picked up that piece of paper and wrote that and I signed it. (A letter from the prisoner to the witness commencing "My dear Captain, I am at home again," was put in.)
Cross-examined by MR. BESLEY. I found another letter besides that after the detectives had been to my house—I gave that to Mrs. Pitkethley—I was in America with the prisoner about 1853 or 1854; not since—he was the owner of land there—I have been on visiting terms with him all those years—I never beard anything wrong of him in my life—when I saw him on board the Ohio I bid him good bye, and he said "I will not say that"—I got letters from Philadelphia from him in his own name—I knew nothing about their making him bankrupt—Mrs. Pitkethley has told me that a claim had been made to the furniture on her behalf—I never was in Westbourne Grove—Mrs. Pitkethley came down to visit me at my place after the furniture arrived—she was looking out for a place to carry on business there, and the furniture was left at the railway station till they could get a place—I have not seen it—when she gave me the 100l. she said it was hers, and I was not to let Mr. Pitkethley have any of it on any account—when I saw the prisoner on board the Ohio, he had ordinary passenger's luggage with him—we could carry it ourselves, and we carried most of it—he did not say a word about his affairs, only desponding and saying "Very bad"—I had a telegram, and met him at Liverpool—he passed the night at the hotel there—his mother died some time last winter and he came into a property—I should be very glad to help him to supersede his bankruptcy if I could.
Cross-examined by MR. BESLEY. I was not at Liverpool at all to say that no more passengers went on board than are in this list—I do not know that the captain sometimes takes passengers on his own account.
early in April, this year—he wrote this card "A. H. Wilson, at Mr. Gibson's coal office, 54, Westbourne Grove, Bee furniture to-day and say how much to deliver it in Liverpool"—I communicated with my father.
CHARLES CHICK . I am a furniture remover at Irongate Wharf, Paddington—I received a communication from my daughter in April, and I went to 54, Westbourne Grove—I saw a clerk of Mr. Gibson's, who showed me a suite of rooms very well furnished—I viewed it to fix a price for it to go to Liverpool—I received this card from my daughter—I then wrote this letter to Mr. Wilson. (This was dated April 10th, 1877, and offered to remove the furniture for 25l. inclusive.) Nothing came of it—I never saw the prisoner.
Cross-examined by MR. BESLEY. I have never seen the furniture since I saw it at the house—the cartage would be more than 1l. 11s. 6d., or I should not have asked 25l.—it was more than a van load and would weigh about 4 1/2 tons, van and all—the carriage to Liverpool for the empty van alone would be more than 1l. 11s. 6d.
JETHRO PHELPS . I am a cabinet-maker and upholsterer, of Blenheim Crescent, Notting Hill, in April last, I saw Mrs. Pitkethley, about some packing cases for removing furniture—I sent them to 54, Westbourne Grove, where they were to be packed, and I sent them to Mr. Wright, of Stockport, I believe—they were sent to the station in my name—the invoice was made out in my name—they said "Do you mind V and I said "No"—they said they thought my name would be better known, as theirs was a particular name—the case left the house to go to the station.
Cross-examined by MR. BESLEY. The first order I had was from Mrs. Pitkethley, when she was alone, and I understood that what followed was a continuation of what she had given me—she was present and took an active part in everything—the weight altogether would be about 5 cwt—there were about six cases—they were taken away in open carts by a man, to deliver at the station—I did not see that anything was removed from the rooms—the cases were removed full of whatever it was.
JAMES PAFFARD . I am a clerk at the Camden Road Station of the London and North Western Railway—the forty-three packages of goods set out in these way-bills (produced) were brought to our goods department to forward in due course to the address given—I gave the person bringing them this receipt (produced); the name is Hislop—this piece of paper was brought by the person who brought the furniture. (Read: "April 17th, 1877. Please receive furniture from John Hislop, Westbourne Grove, to be forwarded to the undersigned Mr. Wright, Adswood, tile manufacturer, Cheadle, near Manchester.") These particular forty-three packages of furniture and luggage were tendered at the station for transit to Stockport,. and they gave a receipt for the goods, and this is the receipt that I gave for the goods—they represent about 10 cwt.—they would be charged for at Cheadle or Stockport.
HENRY RANDALL (Detective Officer). I received a warrant for the prisoner's apprehension and went to Liverpool, and met him with his wife on 27th April—I told him I was an officer from London, and held a warrant for his arrest for fraudulent bankruptcy—he replied "I thought this was all settled"—I told him "No"—it did not appear like it—I conveyed him to the Central police-office, Liverpool, and read the warrant to him—I searched him and found upon him a pocket-book; a quantity of memoranda, letters, and delivery bills (produced)—I afterwards went to Stockport, and saw
some furniture" purporting to be directed to Mr. Wright—I should think there were more than fifty packages altogether, which I opened and made this list in pencil (produced).
Cross-examined by MR. BESLEY. I do not know that address is in Mrs. Pitkethley's writing, I don't know her writing.
JOHN WRIGHT (re-examined). I cannot swear to Mrs. Pitkethley's writing, I now, and I do not think any part of that is Mrs. Pitkethley's writing; I could not swear that this letter, dated Tuesday, 3 p.m., is in the prisoner's writing, some part of it is very like his. (The following letter was here put in: "18th April, 1877. My dearest Robert,—We sent off a good load of things last evening by the London and North Western to Stockport, directed to Mr. Wright. I hope you will leave all proper directions for it, and then try and get a house temporarily at Stockport for us. I enclose Mr. Agar's letter to me of yesterday's meeting. I shall not attend on any consideration, and so I told him this evening. He said he could not compel me. I also called on Mr. Lopes and find my beauties are going to make me a bankrupt forthwith unless I make an assignment of all my effects, which I shall not do," &c, &c. Other letters between the prisoner and his wife were also put in.)
HENRY RANDALL (cross-examined by MR. BESLEY). I do not know the office of the "Liverpool Mercury"—he did not tell me had been to take an advertisement in for a situation—I made no inquiry—the inventory of the goods is correct.
Re-examined. I should say the goods were valuable, they were principally new things, household linen, bedding, furniture; the stock in trade of a millinery business, and so on.
WILLIAM PARREN (re-examined by MR. BESLEY). I do not know that Mr. Parratt claimed the furniture at 54, Westbourne Grove, as his property—I never knew that Mrs. Pitkethley had a business at Westbourne Grove until after the bankruptcy—my solicitors are Allen and Edwards; they employed Montagu, an agent—I have made no inquiries of Allen and Edwards to know whether the furniture Mr. Randall spoke of was claimed by Mr. Parratt—I have not got back 100l. from Mr. Parratt as being a fraudulent preference in payment of a bill of sale—I know nothing at all about it.
GUILTY of concealing his estate (on the seventh and eighth Counts)— Judgment respited.
Before Mr. Recorder.
501. EMILY CLAYTON (23) , to unlawfully obtaining, by false pretences, seven chemises and four night dresses from William Robert Vasey, and a lace veil from Beatrice Smith— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. BESLEY conducted the Prosecution.
JOHN BRUSNAHAN . I am a labourer, of 33, Gertham Street—on Sunday, May 6th, I was walking, when the prisoner crossed the street at a quick pace and said "Are you as good a man as you was two years ago?" and
wanted to fight with me—I had to stand in my own defence and we wrestled—the neighbours separated us, and the prisoner went into his house—I had then received no injury—in about two minutes he again came out and said "Jack, come and have a pot of beer"—I said "Peter, I don't want to have anything to do with you—I don't want to have any rows or quarrels"—he then knocked my hat off and rushed at me; we struggled and fell together—I then felt something sharp near ray eye—I said "Peter, you d——scoundrel, you have been using the knife, but you'll not get off this time, because I'll give you into custody"—he went into his house—a lot of children gathered round and I sent one for a policeman and gave the prisoner in custody.
Cross-examined by the Prisoner. I did not strike you—I had not been in the public-house with you—I always tried to avoid you.
EDWARD HUGH DOWNING . I am a surgeon at New Cross Road, Deptford—on Sunday evening, May 6th, I dressed the last witness' left eye, which had been cut by some sharp instrument—this (produced) is the portion of the eyebrow which was absent.
WILLIAM GILL (Policeman R 221). I took the prisoner at 6.15 on Sunday evening—I told him he was charged with stabbing a man with a knife—he said he had not had a knife in his hand for the last seven years—I received what was shown here by the doctor from Lidia Hier, but it was then larger.
BY THE COURT. I saw the men struggling, but not what they did.
The Prisoner's Statement before the Magistrate: "I offered the prosecutor 2l. to-day to make it up. I did not want to go to prison. I will never come here again if you let me go this time."
The Prisoner's Defence. I have never been in a prison before till this week.
GUILTY — Five Years Penal Servitude.
MR. MEAD conducted the Prosecution.
JOHN PECK . I am employed by Mr. William Peter Bodkin, of West Hill, Highgate—on the evening of May 11th, I saw that the shed was locked up—the next morning, at 6.30, I found a window broken open and told Mr. Bodkin—I went into the shed—a pair of boots and a gun were missing—I—have since seen them at the pawnbroker's—this gun and bat are Mr. Bodkin's property—the boots are mine. '
Cross-examined by the Prisoner. I never saw you before I saw you at the Court—the window glass was not broken—it was tied with cord—the cord was broken and admission was gained by the window.
George Bray. I am assistant to Mr. Masters, pawnbroker, of 81, Walworth Road—on 12th May, I think in the evening, I took in the gun produced—it was pawned in the name of John Simmons for 5s.—I produce The ticket and the duplicate.
George's Circus, Blackfriars—on May 12th, this cricket bat produced was pawned at our shop by the prisoner, about mid-day, for 2s.—I gave him this duplicate.
THOMAS REYNOLDS . I am assistant to Mr. Holme, a pawnbroker, of Kennington Park Road—I produce a pair of boots pawned at our shop on 12th May, in the name of John Simmons, for 4s.—this is the ticket I gave—I cannot swear to the prisoner.
Cross-examined. I did not ask why you put the tickets in your stocking—a shilling fell from you on the floor—I did not see where it came from.
Prisoner's Defence. I want to show the Jury that there was no concealment. I had plenty of time to destroy these tickets. I bought the things, as I told the constable, on the morning of the day I pawned them, which was from about 8.30 to 9 o'clock.
GUILTY *— Eighteen Months' Imprisonment.
MR. RIBTON conducted the Prosecution.
CHARLES FOWLER (Thames Police Inspector). At 5 o'clock on May 12th, I was in charge of the police off the Phoenix Gas Works at Greenwich—I saw the prisoners in a boat alongside a loaded coal barge—upon seeing us they rowed away—I pursued with two other constables and captured them—we found about 3 1/2 cwt. of coal in the boat—it is not sweepings—I charged the prisoners with stealing the coal—they said they had taken it from the barge Richard, which was lying off the gas works—we were about 40 yards from the barge—there was a light barge near—it had no coals on board.
JOHN CARPENTER (Thames Policeman 48). On 12th May I was rowing in a boat on the Thames with the last witness—I saw the prisoners leaving the barge Richard, which was loaded with coal—we gave chase—the prisoners took our sculls and shoved our boat away, but we came up to them with difficulty and apprehended them in the boat—they said the coals were sweepings—the coals produced are some of them.
JOHN BORTHWICK . I am general foreman of the Phoenix Gas Light and Coke Company, Greenwich—the barge Richard was loaded from the steam-ship Vulcan on May 10th—on the 12th she was going to Backside or Vauxhall Station, up the river—the constables called to me and I went to see the coals—the sample produced correspond with those in the barge, which were the property of the Phoenix Gas Company—there is no reason for calling them sweepings.
ROBERTS— GUILTY . He was further charged with a previous conviction at this Court, in February, 1866, to which he
PLEADED GUILTY**— Ten Years' Penal Servitude.
HACKETT— GUILTY *— Eighteen Months' Imprisonment.
Before Mr. Baron Huddleston.
MR. GILL conducted the Prosecution; and MR. KISCH the Defence. Edward Gibson. I am a commission agent, and live at 33, Peckham Park Road—on Monday, 21st May, about 1.15, I was passing the Duke of Kent public-house, in the Old Kent Road, and saw a three horse van standing outside—some persons were standing at the door, I saw the prisoner come out, he went round by the tail board of the van, and I believe mounted the box on the right hand side, he staggered from the public-house, and I could see that he was drunk and I looked about for a constable—my impression was that two persons mounted the box with him, certainly one did—as he came from the public-house, I heard some man who was standing there say "Let the man go"—the prisoner drove off very quickly, T should say 6 or 7 miles an hour, it was a large furniture van with three horses, they were going at a trot—after passing the Lord Nelson, it slackened the pace a little, because a tram car was coming in an opposite direction—the prisoner appeared to have the command of his horses, he did not go straight along, but first on one side and then on the other, I imagine that was from his unsteadiness of driving, I followed the van as fast as I could, but did not come up till after the occurrence—it happened about one-eighth of a mile from the Duke of York—when I got up the child was being carried away.
Cross-examined. I am not a betting man, my principal commission is borax—I am no relation to the father of the deceased, I never saw him or spoke to him until I met him at the Southwark police-court on Saturday—it was in consequence of the prisoner coming out of the public-house staggering that my attention was directed to him, I am not sure whether the van was laden, I have since heard that it was; it was a closed van—I went to the station about two hours afterwards; I was not at the first inquiry before the Magistrate or at the inquest—I told the inspector the circumstances and left the matter to him, and he promised to let me know if he should require me—he said "Will you go to the police-court tomorrow"—I said I would rather not—he said "If I should want you will you go," and I said certainly.
JEREMIAH KELLER (Policeman M 219). On 21st May, about 1.25, I was on duty in the Old Kent Road, there was a drunken woman lying on the footway, a crowd of about a dozen persons round her—some one cried out, and I looked across the roadway and saw the two off wheels of a furniture van go over the head of the deceased child—the prisoner was driving the van—I was standing about 4 yards from the van—it was going about 4 miles an hour, the minimum space, the horses were trotting, I followed the van and called out to the man to stop, he pulled up in about 50 yards, I came up on the near side and said "Pull up, you have killed a boy"—he said nothing, he dismounted and I handed him over to Hampshire—Mr. Haynes, a doctor, was coming along and I call his attention to the body—some of the people cried out that the prisoner was drunk, and I called the doctor's attention to him, the prisoner said nothing—there was another man on the box with him, I don't know what became of him, he was not at the police-court.
Cross-examined. I was too much engaged in attending to the child to notice the prisoner's state, he was haggard looking and very dull and heavy, but I had not sufficient time to pass an opinion whether he was sober or drunk—I told the Magistrate so—I did not see the child before it was under the wheels of the van—there were two horses and a leader in front—
the driver was on a high seat, there was room for two on it—I could not say whether the van was loaded or not, it was one of those pantechnicon covered vans—where the accident occurred was at the foot of a rise to go over the canal bridge, the road previously was level, the van was just going to ascend the rise.
THOMAS EDWARD CORBETT . I live at 535, Old Kent Road, and am independent—I was at my window watching the crowd—I saw the child run from the crowd and when he got to the tramway he stumbled and fell in the middle of the tramway and a van drawn by three horses came up and passed over the child—the wheels of the van must have been on the tramway—the child's head was cut off on one of the tram rails—the child was some 10 or 12 feet from the foremost horse where it fell—I thought the van could have been pulled up very easily before the wheels reached the child—no attempt was made to pull it up; it went on some little distance before it was stopped—my window is opposite to where the accident occurred—I saw the prisoner when he came down from the box, he looked stupid.
Cross-examined. I watched the horses, and there was no attempt to rein them in—the off wheels went over the child—I have never driven a van—I judge that it could have been pulled up from the distance in which I have seen other horses pulled up; I have had no experience in driving horses.
WALTER KIRBT . I am a potman, and live at 15, Bowles Road—I saw the child run across the road, and the first of the three knocked it down and the first of the three knocked it down and the two off wheels of the van went over—I think there would hare been time to have stopped the van between the time of the child falling and the wheels going over it—the other two horses did not go over the child, they stepped over it; there was not the slightest attempt made to pull up—I was standing directly opposite where the accident occurred—I did not see the prisoner when he got down.
Cross-examined. I saw everything very distinctly; I am quite certain that the first horse knocked the child down—I should think the distance from the first horse to the first wheel of the van was quite 7 yards.
JAMES HARMAN . I am an ironmonger, of 297, Old Kent Road—on 21st May, about 1.30—I was in the road passing a crowd—I saw the child run from the crowd into the road on to the metals of the tramway and it fell—I saw a van with three horses—the child twisted himself a little off the metals the van was immediately behind him and ran over him—I did not notice whether there was time for the van to pulled—I saw the prisoner afterwards, he seemed rather excited when he got off, he did not seem to know what he was about; in fact, I don't think he knew that the child was run over.
Cross-examined. He seemed startled at being told that he had run over it—I said before the Magistrate "I don't think if the prisoner had pulled up he could have prevented the accident or the wheels going over the child;" I also said "I don't think he saw the child, his attention was attracted to the child"—I saw the child fall before the horses had touched it—I was not looking at the driver, I imagine that he was looking at the crowd and did not see the child—he proceeded on for about 20 yards; I don't think he could have pulled up before, it was going at a moderate pace, not more than 6 miles an hour.
JOHN HAMPSHIRE (Policeman R 174). I received the prisoner into custody from Keller—on the way to the station he said "I should like to have another glass of beer before I go to the station"—I refused, saying he had had quite sufficient—he appeared to mo to be in drink; he was staggering about
from one side of path to the other—when I had got him a good distance on the road he fell and 161 M came and assisted me with him—he said nothing more.
Cross-examined. He did not make any complaint to me about his knee.
ROBERT MILLER (Policeman M 161). I saw the prisoner in Hampshire's custody, he was trying to keep him from falling, he was rolling against the railings, he fell down and I went to assist him up—he was very drunk—he never spoke a word.
Cross-examined. He did not complain about his knee, not till the Saturday after the remand—he had every appearance of a drunken man—he did not seem to be concerned about the child being run over, he seemed to take it very carelessly, he did not seem agitated at all.
CHARLES GRAHAM (Police Sergeant if 19). I was on duty at the Southwark police-station when the prisoner was brought in, about 2.30, by Hampshire and Miller—he was in a helpless state of drunkenness—I spoke to him—he was not sober enough to speak to me—he was put in the reverse room, and he sat down on the form, placed his head on his arms on the table and went fast asleep—I saw him at various times between 2.40 and 6 o'clock, and he was still asleep.
Cross-examined. I did not know then that had been up since 3 o'clock in the morning driving this van—I heard it afterwards from his employer—he was charged with drunkenness, coupled with the other charge of causing the death of the child.
JOHN FILL (Policeman M 174). I was at the station and saw the prisoner brought in—he was in a state of helpless drunkenness—I saw him in the reserve room from 2 till 6 o'clock—the greater portion of the time he was asleep with his head on his arm on the table—he said nothing to me.
Cross-examined. I don't think his condition could have been attributable to excitement in consequence of the accident.
WILLIAM HAYNES , M. D. I live at 493, Old Kent Road—on 21st May, I was spoken to by a constable and went and saw the body of the child, the head was in a very frightful state; I thought at first that it was entirely severed from the body, but I afterwards found that it was not quite so—it was quite dead—I saw the prisoner, the crowd was saying he was drunk; I can't say that he was drunk, he was muddled, I should say he was under the influence of drink; I saw him walk away with the constable.
ROBERT BLANDFORD . I am a commission agent of 41, Bowles Road, Old Kent Road, the deceased was my son, he was five years old, I saw him dead on the Monday—he was a big boy for his age.The prisoner received a good character.
NOT GUILTY .
Before Mr. Common Serjeant.
ADJOURNED TO MONDAY, JUNE 25TH, 1877.