CENTRAL CRIMINAL COURT
TENTH SESSION, HELD AUGUST 7TH, 1877.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED, BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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, August 7th, 1877, and following days,
BEFORE THE RIGHT HON. Sir THOMAS WHITE , Knt., LORD MAYOR of the City of London; The Right Hon. Sir ALEXANDER COOKBURN , Knt., Lord Chief Justice of the Queen's Bench Division of Her Majesty's High Court of Justice; The Hon. Sir WILLIAM VESTRIS FIELD , Knt., one of the Justices of the Queen's Bench Division of Her Majesty's High Court of Justice; THOMAS SIDNEY , Esq., THOMAS QUESTED FINNIS , Esq., and Sir WILLIAM ANDERSON ROSE , Knt., Aldermen of the said City; The Eight Hon. RUSSELL GURNEY , Q. C., M.P., Recorder of the said City; THOMAS SCAMBLER OWDEN , Esq., Sir CHARLES WHETHAM , Knt., JOHN WHITTAKER ELLIS , Esq., JAMES FIGGINS , Esq., and JOHN STAPLES , Esq., other of the Aldermen of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
WHITE, MAYOR. TENTH 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, August 8th, 1877.
Before Mr. Recorder.
597. WILLIAM CHARLES WARRIS (22) [Pleaded guilty: see original trial image] , to three indictments, for forging and uttering receipts for the payment of money, one for stealing 5l.; also two indictments for obtaining money by false pretences— Twelve Months' Imprisonment.
599. GEORGE FREDERICK WEBB (22), and FRANK OATES (24) [Pleaded guilty: see original trial image] , to unlawfully procuring themselves to be registered as apprentices under the Pharmacy Act of 1852— To enter into their own recognizances to come up for judgment, when called upon; ANDREW RITCHIE HUNTER (23) [Pleaded guilty: see original trial image] , to unlawfully aiding and assisting them to commit the said offence— Six Months' Imprisonment. And
THOMAS RANDALL (Detective Officer D). On 18th June, I received information, and on the 23rd I went with Detective Bulby, to Mount Pleasant, Clerkenwell, and there watched the Cheshire Cheese public-house, and about 10 a.m., I saw the prisoner turn out of Warner Street, towards the Cheshire Cheese, he suddenly turned round and walked back as fast as he could—I and Bulby ran after him and stopped him—I asked what he had got about him—he said "What do you want to stop me for"—Bulby searched him there and then, and took from his left-hand pocket this kid glove—we took him to the station.
—I searched him and found in his breast pocket, this glove containing two packets, one containing twelve counterfeit half-crowns, and the other eleven, wrapped separately in paper, I asked how he accounted for them—he made no reply—on the way to the station, I again asked him to account for the the things—he said "All I can say is, I wish you were both struck dead."
ELLEN BRICKWOOD . I live at the Duke of York public-house, York Road, King's Cross—on 14th April, the prisoner came and asked for half a pint of beer and a screw of tobacco, and tendered a bad florin, I detected it and turned to tell my father, and when I turned back the prisoner was gone—he was brought back and given into custody.
Cross-examined. The prisoner was charged before the Magistrate, and the charge was dismissed.
BRUCE BRICKWOOD . My daughter gave me the florin—I went after the prisoner and caught him about 300 yards from the house—I asked him to account for the 2s. piece—he said he knew nothing about it—I caught him by the collar, and he slipped out of his coat, left it in my possession, and ran away, I caught him and brought him back—he first said he had taken the coin in his wages, and then that he had taken it in change somewhere—I gave him into custody, marked the florin and gave it to the constable.
WILLIAM WELSTER . I am Inspector of Coin to the Mint—these half-crowns are counterfeit, in the first packet there are seven from one mould, and five from another, and in the second five from one mould, and six from another—the florin is also bad.
The Prisoner's Statement before the Magistrate: "I picked them up on the Saturday morning as I was going to work, and was going to take them to the police-station, when Mr. Bulky ran and caught hold of me."
GUILTY — Eighteen Month' Imprisonment.
MR. LOCKE conducted the Prosecution; and MR. M. WILLIAMS the Defence.
CHARLES MURRAY . I am cashier to Joseph Causton and Son, of East-cheap—the prisoner was manager of a West-end department, at 18, Parliament Street—at the end of each week he was supposed to make out what we term a requisition for cash, for the amount of salary due to the employees in Parliament Street, any amount due for overtime, and his own salary—he handed me this requisition for the week ending 14th July, it amounts to 10s., and is made up of 2l. 1s. 6d. charged for wages, meaning over-time, 6l. 8s. 6d. for management, that means wages, fixed salaries, and 6l. for his own salary—he kept a wages' book in which he entered the particulars of the overtime—in the week ending 14th July, the overtime is entered as 1l. 8s. 6d. to Mr. Calver, 17s. to Webb, and 1s. for Printer—in the week ending 21st July, the requisition is wages 3l. 7s. 4d., management 6l. 8s. 6d., and the prisoner's own salary 6l.—the 3l. 7s. 4d. is made up in the wages' book of 11s. for Mr. Calver, 17s. 6d. for Mr. Webb, 1l. 9s. 10d. for Mr. Cross, and 9s. Printer—the requisition of 7th July is wages, 4l. 14s. 9d., management 6l. 8s. 6d., and the prisoner's salary 6l.—in the wages' book 16s. is entered to Calver, 1l. 16s. 8d. to Webb, 19s. 7d. to Roberts, 13s. to White, and Printer 9s.6d.—when the requisitions
were handed to me I used to pass them and get a cheque drawn for the amount, which cheque I got cashed and handed to the prisoner—I did that on 17th and 21st July—I should not have given him the money if it had not been for the requisition orders handed to me.
Cross-examined. The prisoner had the entire management at Parliament Street—I should consider Webb and Calver under him—the word wages signifies overtime and work done by men out of the house—he would have a bill of the overtime handed to him by the different parties and he would enter it in a book of his own—he was not there on 14th July—Mr. Calver used to take the management in his absence; he has not succeeded to the prisoner's post, one of the gentlemen from Eastcheap has been sent to take the management for the time being, I can't say whether Mr. Calver is to succeed the prisoner—the prisoner's salary was 6l. a week—he was at Bristol on the 14th on business of the firm-—his duty was traveling principally, besides managing the affairs of the West End branch; he was traveller and manager, he would have to keep both accounts, it is a pretty fair business, the whole business is very large, the branch has only been opened about two years—there is no reason why the business should not be very large.
Re-examined. He had under him three men and a boy.
WILLIAM CALVER . I am a lithographer in the employ of Messrs. Causton, in Parliament Street—by overtime is meant work that comes in after seven at night which has to be done before the morning—in the week. ending 14th July, I had only earned 6s. overtime, and in the weeks ending 7th and 21st nothing—I don't know the names of Roberts and Cross as being employed there—neither of those names were employed there at that time.
Cross-examined. I was managing the lithographic department—I never recognised the prisoner as being over me; he was manager there before I went; but I managed what business I brought in—I never recognised my position as subordinate to his—I was pleased to see him there, but I hardly ever saw him there—I don't say he neglected his business, he was often out—I received wages from him, he made out the requisitions; he had no means of knowing what my overtime was except what I told him—I gave him an account where everything was earned, the names and amounts, and it was his duty to enter it.
EDWARD WEBB . I am a law writer in Messrs. Causton's employ in Parliament Street—for the week ending 14th July there was nothing due to me for over time, nor in the week ending 21st—there was 16s. 8d. Due to me for the week ending the 7th—I always gave the prisoner a bill of the sums due to me—I never heard of the names of Roberts or Cross as being employed there during those three weeks.
Cross-examined. The prisoner was manager—he managed me and Mr. Calver—he was travelling a good deal lately—I went with him on one or two occasions.
The prisoner received a good character.
GUILTY —Strongly recommended to mercy by the Jury— Nine Months' Imprisonment.
NEW COURT—Tuesday, August 7th, 1877.
MR. LLOYD conducted the Prosecution.
SARAH WELCH . My husband keeps the White Swan, Clerkenwell—on 16th July, the prisoner came in for a half-pint of porter and Id. worth of tobacco—he tendered a bad 6d., which I took to my husband, and naked the prisoner who he had it from; ho said at first that he did not know, and after wards that he had it from his wife—my husband bent it double and gave it to the prisoner.
GEORGE WELCH . My wife gave me a coin resembling a 6d., I broke it in two and gave it to the prisoner, saying "This is a bad sixpence"—he said "It is a good one," and went towards the door and swallowed the pieces—I called a policeman, who searched him upstairs and found two sixpences secreted in a private place.
Prisoner. You bad my good 6d., but I did not have one back.
----BARLOW (Policeman G 105). I was called to the White Swan, took the prisoner upstairs and asked him if he had any more money—he said that he had no bad money on him—I had a difficulty in taking off his trowsers, and had to throw him on the floor, and with the assistance of two other constables and the landlord, I found this little bag suspended round his waist with two sixpences in it—in his pocket was a 6d. and a 4d. Piece—he had previously denied having any money.
Prisoner's Defence. I have carried my money in that way for years. I was not going to offer them as I knew they were bad. I did not know they were bad when I took them, but I did afterwards. I cannot see very well.
He was further charged with a conviction of a like offence at this Court in November, 1873, to which he
PLEADED GUILTY**— Seven Years' Penal Servitude.
MR. LLOYD conducted the Prosecution.
LISLE BEAUMONT . I am manager of the refreshment department Farringdon Street Station—on 27th July the prisoner came in for a glass of ale and put down a half-crown—the barmaid took it up and passed it to me—it was bad, and I told him so, and that I had been looking out for him as he was the same young fellow as had been the day previous to Aldersgate Street—he said "Yes, I am, will you let me go?"—he said be got the money on London Bridge, from his employer, a jeweller.
ELIZABETH ELRINGTON . I am barmaid at Aldersgute Street Station—on 26th July I served the prisoner with a glass of ale; he tendered a bad half-crown—I kept it in my hand, told him it was bad, he gave me my change back, and I gave him his coin.
CAROLINE COLLIER . I live with my brother at the Three Tuns, Cross Street, Hatton Garden—on 5th July, about 11.45 at night, I served the prisoner with some ale, he tendered a florin, and I gave him 1s. old. change—I found it was bad and gave it to my brother, who asked him where he got it from, ho said that he was a traveller and had it given to him.
GEORGE LEE COLLIER . I keep the Three Turn——I looked at this coin, and found it was bad, jumped over the counter, and asked the prisoner where he received it—he said "From a commercial traveller" in his day's wages—I gave it to a constable.
GEORGE SKINNER (Policeman O 126). I took the prisoner—he said that a traveller gave him the coin on London Bridge, who had engaged him for the day—he was taken before the Magistrate the next day and discharged.
GUILTY — Two Years' Imprisonment.
MESSRS. LLOYD and DE MICHELE conducted the Prosecution; and MR. STRAIGHT the Defence.
MART ANN HARRISSON . My husband keeps the John Bull, at Acton—on 27th June, about 10 p.m., I served the prisoner with some gin; he gave me a florin; I put it in a drawer, and then saw him again in another compartment, and my barmaid serving him—I then took the florin out, found it was bad, and said to the prisoner "Why, you are the man I have just served"—he said that he had not been in the house before—I said "You have"—he went out and was brought back—I gave the florin to the police-man.
Cross-examined. There are four compartments, nobody else was in the compartment in which the prisoner first was, but there were persons in the other compartment—a barmaid and an assistant was also serving besides myself—we have two tills in the bar, but we do not put half-crowns or florins into the tills, we put them in a glass, which had just been emptied, and I never leave one at the bottom.
EMILY CHUDLEIGH . I am barmaid at the John Bull—on 21st June I served the prisoner with 1 1/2 d. worth of gin—he gave me a bad florin—I said "This is a bad florin," gave it back to him, and told my mistress, who said that he had just given her a bad florin and she would give him in charge he heard that and ran away, but was brought back by a policeman.
GEORGE ATKINS . I am a licensed victualler, of 7, Harwood Place—on 21st June I was in the John Bull and saw the prisoner at the lower end of the bar near Mrs. Harrison, and afterwards at the other end of the bar, where the young woman who was serving him said to me in the prisoner's presence "Is this a good 2s. piece?"—I said "It is a rank bad one"—Mrs. Harrison then came up and said "That is the young man who passed a 2s. piece to me."
CHARLES BOLLAR (Policeman XR 7). On the night of 27th June I saw the prisoner rush out of the John Bull—Mrs. Harrison spoke to me and I followed him 250 yards; he was running all the time—I took him back to the house and was present when he was searched, and 1s. 6d. in good money and 4 1/2 d. in bronze was found on him—next morning I received 38s. From Mr. Harrinson—Mr. Bannister pointed out the place where it was found to me—the prisoner had passed over that spot.
JAMES BANNISTER . I am a basket-maker, of 14, Cambridge Terrace, Hammersmith—on 27th June I was opposite Gunnersbury Station, walking towards the John Bull, and picked up 34s. and two florins wrapped in paper,
with paper between each coin; I gave them to Mr. Harrisson and pointed out the place to Bollar.
Cross-examined. I tried to change one of them, I thought I had got a lucky find.
GUILTY — Two Years' Imprisonment.
MESSRS. LLOYD and ST. AUBYN conducted the Prosecution; and MR. C. MATHEWS defended Llewellyn.
JOHN TAYLOR (Policeman Y 46). On 20th July I received information and a description and subsequently saw Ward alone on Ludgate Hill, and followed him into the Old Crown public-house—I then went to the back of the house and sent in a message—in the meantime I saw Llewellyn, and, being a respectable fellow, I asked him if he would go in and tell the landlord there was a man there going to pass counterfeit coin and that he had a white slop on and a pea jacket—he said "I will do so," and went into the house—he and the other two prisoners came out and I went round to the front of the house and saw the three prisoners in the road together-Llewellyn turned back and said "Am I going to the Palace?"—I said "No, you must go up here and turn down the lane"—I then went home, changed my uniform, came out, spoke to the barmaid, and found the other two prisoners at the Red Lion 500 or 600 yards from where I had seen them before; that is the reverse direction to the Palace—they came out and I followed them to the Holloway Road, where I spoke to another officer—they separated opposite the Red Cap, and Ward went on 50 yards, and they all three joined again at St. John's Church, Holloway—Llewellyn then went into the Marl-borough Hotel and I went in and spoke to the barmaid, who showed me this coin (produced)—I then went round and took Llewellyn, handed him over to the publican, and went and arrested the other two prisoners—Mason gave his address, 5, James Street, Holloway Road—I went there with Sergeant Burnham and found this battery, mould, ladle, and metal (produced).
Cross-examined by MR. MATHEWS. Llewellyn went in at one door of the Marlborough and I at the other—the barmaid had a florin in her hand.
Cross-examined by Mason. I did not see you in the public-house, or see you pass any bad money—when I took Ward you made a bolt—nothing but good money was found on you.
BESSIE FISH . I am barmaid at the Marlborough Hotel, Upper Holloway—on 20th July I served Llewellyn with some whiskey—he tendered a florin and I gave him 1s. 10d. change—I discovered that it was bad and asked him for the change back, but Taylor came in and took him in custody—the two other prisoners were afterwards brought in.
CHARLES HOGGETT (Policeman YR 12). On 20th July, about 7.45 p.m., my attention was called to the prisoners in Holloway Road—the other two joined Ward at the church—Llewellyn went into the Marlborough Hotel
and the other two went about 100 yards down the road and stood at the corner—Taylor came out of the hotel and spoke to me—he caught hold of Ward and Mason ran away—I caught Mason—we took them back and searched them, but only found good money on them.
WILLIAM BURNHAM (Policeman 7 48). On 27th July, at a little before 8 p.m., I was in the Holloway Road, and in consequence of what a boy said to me I went to the Marlborough public-house and found the prisoners in custody—I searched them and found all good money on them—on the way to the station Ward took Taylor by the neck—I took Mason, and another constable took Llewellyn—Ward kicked Taylor and I threw him down; he was very violent, and I was obliged to strike him with my truncheon—he gave his address, 5, James Street—I went there and Taylor found a battery and four moulds for florins and two for shillings, and I found between the bed and the mattress forty-three florins, forty-one shillings, and one half-crown, and eight pieces of metal in a drawer, one of which fits this ladle (produced)—the florin uttered by Llewellyn to Fish corresponds with the mould found at Mason's house.
Cross-examined by Ward. You were walking quietly with Taylor to the station, and you kicked him in the groin.
LOUISA BENNETT . I am the wife of Felix Bennett, of North Hill, High-gate—a fortnight before 20th July I served Ward with a 2d. loaf—he gave me a florin—I told him it was bad, gave it back to him, he put it in hit pocket, gave me a good coin, and I gave him the change—I spoke to Henry Bateman at that time.
Cross-examined by Ward. I am sure you are the person——I was not asked to go before the Magistrate.
----ROOTS (Police Sergeant). On 2nd July I saw Llewellyn and Mason come from the direction of James Street, Holloway Road; it is a very difficult place to watch, it is a cul de sac with fifteen houses on each side—I was in a garden, and they passed me closely.
WILLIAM WEBSTER . The broken florin is bad—these twenty-one florins of 1867 and twenty-one florins of 1872 are from this double mould—this half-crown is also bad—these eighteen shillings are counterfeit and from this other mould—here is a battery, acid, a crucible, and everything necessary to make a large amount of bad money—this florin has been so knocked about that I cannot say whether it is from this mould, but it is of the same date.
The Prisoners' Statements before the Magistrate. Llewellyn says: "I can only say I got to the Alexandra Palace and received the florin there. The other two prisoners I do not know at all, they are strangers to me. I do not know what the things found in Mason's house can have to do with me." Ward says: "I merely met this man and had a drop of beer with him. I never uttered or attempted to utter anything. I merely asked this man the way to the Victoria Docks, and the officers came and caught hold of me." Mason says:" I do not know Ward, I never met him before that day, as he states. I was giving him the direction to Victoria Docks when the constable apprehended him. Neither do I know the prisoner Llewellyn, I met them casually on the road as I came from St. Albans. The implements found in the house were in my charge, belonging to another man."
GUILTY — The Jury recommended Llewellyn to mercy on account of his youth.
LLEWELLYN*— Seven Years Penal Servitude. MASON*— Ten Years' Penal Servitude. WARD— Five Years' Penal Servitude.
DANIEL HALSE (City Policeman). On 9th July, about 3.30 a.m., I saw the prisoner coming from Cloak Lane, carrying a bundle—I followed him—I saw a uniform man meeting him and the prisoner turned and looked at me and then went to Bow Lane police-station—I followed him, and he said to the officer on duty "I wish to give myself up for breaking into a church on College Hill and stealing this Bible," producing it—I said "What did you do it with?"—he said "This key," producing a skeleton key from his pocket—I said "Have you any more?"—he said "Yes," and gave me thirteen others—I took from his trowsers this chisel and these wax tapers—he said "This is what I call being my own policeman"—I found that the key locked and unlocked the west door of St. Michael's Church, College Hill.
ELIZA DON . I am a widow, and am sextons of St. Michael, Paternoster Royal—on Sunday evening, 8th July, after service, I locked the church up at 8.30—I remember locking the west door—this Bible was on the lectern when I left the church—I was called up and missed it at 4 o'clock next morning.
MARK SHEPHERD . I am a solicitor, of College Hill, and am churchwarden of St. Michael, Paternoster Royal—the Rev. Mr. Darling is the rector—this Bible was used on the lectern and is the churchwardens' property.
GUILTY — Six Months' Imprisonment.
OLD COURT—Wednesday, August 8th, 1877.
Before the Lord Chief Justice Cockburn.
(For cases tried this day see Surrey Cases.)
NEW COURT—Wednesday, August 8th, 1877.
Before Mr. Justice Field.
608. In the case of HARRIETT LILLY (39) , indicted for feloniously attempting to strangle Harriett Lilly the younger, the Jury, upon the evidence of Mr. John Rowland Gibson, surgeon of Newgate, found the prisoner insane and unfit to plead — To be detained till Her Majesty's pleasure be known.
MR. CROOME conducted the Prosecution.
It appearing by the medical evidence that the child was born at six or seven months, and never breathed fairly, through insufficient development, the Court directed a verdict of
NOT GUILTY .
THIRD COURT—Wednesday, August 8th,1877.
MESSRS. BESLEY and PURCELL conducted the Prosecution.
CHARLES GARRETT . I live at Barnstead, in Surrey, and am a railway contractor—in 1875 I was in treaty with a person in the City to get me 500l., and when I was at the office, in Lombard Court, the prisoner was there and overheard the conversation; he met me the next day in Chancery Lane and said "If you want any money I can get you the money you want"—he said he was a clerk in the Rule Office, and he took me down there—he sat at an office desk writing, and he said he could get two bills of exchange for 350l. and 150l. discounted for me at once—I said if he could I would give him 25l., and he agreed to get them discounted or they were to be returned in eight or ten days—I thought he was a respectable man—he wrote me two or three letters which had the Government stamp on them—they are with the papers—he was with Mr. Dax in the Rule Office and said he was managing clerk—I saw him three or four times—on the second occasion I saw him he was sitting at a desk and he took a key out and unlocked a cupboard, and took out two bottles of wine, and asked the other officers there and me to have some wine, and we drank the two bottles of wine—this is the bill for 350l. which I gave him (produced)—I have not received a shilling value for the bill—I have applied to prisoner several times for the return of the bills, and he has told me he had not got them discounted, end at last he told me they were in the hands of some jewellers in St. James' Street—I then gave the jewellers notice not to part with the bills—they obtained judgment on the 350l. bill, and I have not settled the matter yet.
Cross-examined by the Prisoner. You were not introduced to me at Mr. Burgess', in Lombard Court, in the beginning of April, 1875—you over-heard the conversation—I did not apply through Mr. Burgess to you to get me a loan for 100l., and you did not take me to Mr. Savory in Great Monmouth Street for that purpose—Mr. Savory cashed a cheque for 12l. for me—I did not deny at Bow Street that I knew Mr. Savory—the summons was not adjourned for a week to produce Mr. Savory that I am aware of—you introduced me to Mr. Dax—I did not accept a bill for 72l. 9s. 6d. for him or borrow 50l.—I have not been convicted of forging a bill for 95l. 2s. 6d.—I know nothing about it—parties in Court have known me for twenty-five years, and I have done thousands of pounds worth of work for the Government, and I am at it now—I am not aware that Mr. Matheison, of 44, Lombard Street, has a dishonored cheque of mine—I have seen Mr. McDonald—I know nothing of him—he did not induce us to shake hands and make up our quarrel five days after the last bill was due—I did not make an appointment with Mr. Emmett, of the Temple, to go to his office and obtain this very bill which you are charged with obtaining improperly—you did not tell me five days after the bill was drawn that it was not worth the paper it was written on.
FRANCIS BOOTY . I have been a clerk in the Court of Exchequer since June, 1873—the prisoner has not been a clerk there during that time—I do not belong to the Rule Office; that is only one department of the Exchequer Office.
HENRY HOULE . I am a partner in the firm of Evan Ortner and Henry Houle, of 3, St. James' Street—I have seen the prisoner there, but my young man did business with him, and he has since left us—I received this bill (produced) through the young man as security—I saw the prisoner about it in July, but he was not present when it was given to me—the prisoner said the bill was perfectly good and would be met, because I complained of his having obtained our goods and then only given us security, and that I understood it would be a cash transaction or that we should have tangible security—the amount of the goods bought for which the bill was security was 275l. 3s.—the articles are enumerated in this declaration (produced) as near as I can say.
Cross-examined. You had nothing to do with me—Mr. Lewin is not here—I cannot say what passed between you and him—we sued on the bill—you have had the articles—we take stock every year and they would be in stock if they had not been supplied—some of them have been pawned—we have never had 6d. in payment from any of them, Mr. Dax, you or Mr. McDonald.
Witness for the Defence.
HON. W. HEYS TURNER . I was present with the prisoner and Mr. Lewin in Regent Street about the 23rd July—I have seen him at Mr. Dax's office when the prosecutor was there, two or three times—we all sat round a table drinking sherry.
GUILTY **— Seven Years' Penal Servitude.
MR. M. WILLIAMS conducted (he Prosecution; and MR. STRAIGHT the Defence
JOHN COLEMAN . I am managing director in the house of Messrs. Gagniere and Co., Golden Square, woollen drapers and manufacturers—our woollen goods are made exclusively from patterns and designs invented for us—they are frequently invented twelve months' in advance of the time they are wanted—our patterns are of immense value to us, because on the novelty of our designs depends the reputation and interest of our house—I have several books in which we enter, exclusively, patterns ordered perhaps two seasons in advance—I cannot put a value on the patterns because single design, of which perhaps six colourings are made, enables us to sell as much 5,000 yards of trowserings which represents, perhaps 1,500l.—a short time ago I saw this advertisement in the "Telegraph," and also this one. (These advertisements were addressed to cutters and travellers offering good terms for new patterns and designs, and purporting to emanate from a foreign house doing no trade in Great Britain.) After the second advertisement I gave Laughlin, who is in my employ, some instructions respecting it, he subsequently showed me a letter and I gave him other directions in consequence of which he told me he was going out, and told me where he was going—he afterwards told me the result of an interview he had had—according to my directions he wrote again and I gave him a great number of patterns—I could identify them, but I have not seen them since the examination—the patterns that were produced were the ones that Laughlin obtained, and were found on the prisoner—I heard that according to my directions the prisoner was given into custody—we send goods to nearly all countries in the world.
Cross-examined. We sell goods manufactured for us—we order a certain quantity in advance—there is a great deal of cutting up on our premises for the execution of orders—we supply first-class tailors in the piece, like Poole—probably odd pieces would be left—we have men in our employ who make pattern cards of this size for our travellers—in May or April, 1877, I order the goods for the Spring season of 1878—I then engage the designs either from ideas suggested or what not, and I order for the month of May or June, a yard length of each particular thing that I order from which a number of men in our hire make up collections of travellers' patterns, which takes a considerable time because there are a great many travellers going to all countries of the world, and they set out on their journies in September—they will start in the months of September and October next, with all our novelties for the coming Spring of 1878—during the interval the goods are being manufactured, and we only receive them in the piece in November and December—Laughlin has been many years in our employ, and is a most trustworthy man—there was nothing in the advertisements about "No rough Scotch or Cheviots"—I was shown a letter of 21st July, from the defendant—Messrs. Holland and Sherry's is a rival house, and Dormeuil, and Kennerley and Co—they are all very extensive houses, and we all of us do a large American trade.
Re-examined. Our travellers have no right to sell patterns to other people, they are virtually locked up in our desk.
THOMAS LAUGHLIN . I am a warehouseman in Messrs. Gagniere's employ—my attention was called to the first advertisement in the "Daily Tele-graph, "and I received instructions from Mr. Coleman, in consequence of which I answered the advertisement,-which was addressed to Ettlich and Co., Charing Cross post-office—I received this reply through the Dead Letter Office—it is addressed to Mr. Loughlin, 137, Eye Lane, Peckham, which is my private address—some time afterwards I saw in the "Daily Telegraph" this No. 2, which I also answered. (Read: "137, Rye Lane, Peckham, July 21st, 1877. Sir,—Having seen your advertisement in to-day's "Telegraph," I beg to inform you I am engaged in a first-class West-end house and can supply the latest novelties,"&c.) I received this letter of the same date in reply—on Monday, 23rd July, in consequence of which I went to the York-shire Grey, public-house, Piccadilly, and the prisoner came into the luncheon bar—he had on a pair of homespun plaid trowsers, as indicated in the letter—I rose as he came in—he came up to me and asked if my name was Loughlin, and he said he had received several answers to his advertisement, several of which he showed me, but not the names and addresses—he asked me what facilities I had for getting the new patterns required and I told him—I had the entire charge of all the new patterns in the house of Gagniere and Co., and he said it was a first-class one and he would make it worth. my while to get him some of them; he would give me 10l. for the season's patterns—he said "Mind, that is just ten bob a week"—he asked me if I was not afraid to answer the advertisement—I told him "No," I had carefully considered it, and being alone in the matter I felt quite safe—he told me he would pay almost any price for the novelties; that he had paid a man 2l. only a few days before for what was really worth nothing, but he bought it might lead to something better—he also asked me if I knew any Pattern cutters in any other houses—I told him I did not and I wouldn't ouch anything I couldn't do myself—he said if I could get the names and addresses of any he could arrange everything else with them, and at the
finish he told me if I could get two others like myself he could divide 150'. between us, and it would be a regular thing—he said he didn't want the rough stuffs and said "I will give you what I do want,"and gave me this list "No rough Scotch, that is to say, Cheviots; only fancy worsted; plain, blanch and blue silk; mixed worsted, West of England; Yorkshire and French, as many as possible; and suitings"—double widths are called "suitings"—I took the list away with me and informed Mr. Coleman of what had happened, and in consequence I made another appointment to meet him at the Yorkshire Grey, where I went on the Thursday at 1 o'clock, provided with two parcels of patterns of novelties which I had received from Mr. Coleman—the prisoner came in and said "Well, have you got anything for me?" or something of that kind, I do not remember the exact words—I told him I had got a very nice lot of patterns for him and I opened them and showed them to him—he said he saw they were the right kind of thing, "But, good God, this is nothing of Gagniere's stock, I meant the whole lot"—he asked me if they were all new and said he would give me 2l. for this lot and make it 10l., and he could see he could afford to pay me 25l. a year regular, but would give me 2l. for that lot and I was to bring as many as I could as soon as possible, and asked me when I could do the next lot—I said about Sunday and that I would take him a few at a time whenever I met him—he said "Cannot you get some out at the dinner time?"—I said "Yes," I would so as to get a larger lot and quicker, and he could come to my lodgings for them on Sunday, when it was suggested that I should go to his house with them and dine with him, when he would show me some he had from the letters he had shown me—he said he had an appointment with a gentleman from America and could not stop—he then proposed to leave the house and gave me the 2l. for the patterns I gave him—I had a detective outside and he was taken in custody.
Cross-examined. I went for the purpose of trapping the prisoner into this—I do not remember that I said anything before the Magistrate about his asking me if I was afraid to answer the advertisement, very little was said—I do not think I said before the Magistrate anything about getting another to do the came and it being worth 150/. a year; I was prepared to say it—I can't remember whether I said anything about the patterns being a very choice lot, or about his making it worth 25l. a year to me, or about my taking some patterns out at dinner time, or about my dining with him; whether 1 did or no I know that such was the case—I do not remember whether I said anything about his appointment with a gentleman—it was understood that I cut the cuttings or clippings myself—I did not tell the prisoner I was able to get clippings—he knew Gagniere and Co.'s was a well-known house, because he wrote to me to that effect before 1 saw him—I do not remember whether I was the first person who mentioned next Summer's patterns—I did not say that the Summer patterns were cut up to so many odds and ends that I could easily give him some snippings, or that I was not well paid and was always ready to make a little bit extra—he asked me some question about it—he said "I suppose you have plenty of work and not much pay"—I said "Plenty of work, but nothing to grumble at"—I said nothing about pieces I could get which were perquisites—I saw Mr. Coleman directly after I got back from my first visit—there have been cases of our patterns being anticipated occasionally, I suppose—I am certain that other houses in London have not such good patterns as ours—I believe these to be the packets of patterns which I handed to the prisoner.
Re-examined. Whether I said all before the Magistrate that I have said here or not, what I have stated is the truth, as near as I can remember—the prisoner was represented by a solicitor and when I gave evidence the Magistrate said he was satisfied and should send the case for trial.
THOMAS PICKLES (Detective Officer C). In consequence of directions I received I went with Loughlin to the Yorkshire Grey and remained outside—I met the prisoner as he was coming out and told him I should take him in custody—I did so and took him to the station, placed him in the dock, and on searching him found these letters and the answer of Langhlin's, together with the two packages of patterns—when I took the letters from him he said "I hope you won't take those, as they might implicate others" I also found a receipt for the advertisement and a copy of the advertisement in his purse.
GUILTY — Twelve Months Imprisonment
FOURTH COURT Wednesday August 8th, 1877.
BRANAGAN PLEADED GUILTY .
MR. BESLEY conducted the Prosecution; and MR. J. P. GRAIN defended Cowart.
EDWABD BARON BROOMHALL . I am a partner with Mr. Fulton, of 134, Fenchurch Street, as indigo brokers—large portions of indigo are kept on the premises for samples—Branagan has been in our employ about twelve months—I have known his father many years—he is a housekeeper—we missed a quantity of indigo—I cannot fix the date—I spoke to Branagan about it twice—he had no right to take it—it is worth from 5s. to 5s. 6d. per lb. wholesale—about July we put the matter in the hands of the police, and Lawley watched for us—on 12th July the police showed me 27 lbs. of indigo, in which two lumps bore my own pencil marks, 23 and 27—I afterwards saw twelve sheets of brown paper which had been used in wrapping, and which is similar to the paper we use, and also two other parcels of indigo—a parcel of 62 lbs. was found in the possession of another man—the indigo found is similar to ours—I have had no business transactions with Cowart.
Cross-examined. I can only say the indigo is similar to ours—there is the mark of our manufacturer in India on it.
RICHARD WILLIAM AMOS . I am an assistant to Mr. John Dorking, of 91, Minories, who has an office on the same floor as Cowart's shop—Cowart brought a canvas bag to my shop, tied with a string, and asked me to take care of it for him as he was going to Liverpool—he said it contained his property—it remained in my possession, and in the same state, till Cowart wan taken in custody, when it was opened and found to contain indigo.
Cross-examined. I cannot give you the date when I gave up the bag—I have seen a man named Hall on the premises—he appeared to use the shop—my employer's offices are in the rear over the shop—I do not know where he is.
WILLIAM BRANAGAN (the Prisoner). I was twelve months in Messrs. Broomhall & Fulton's employ—this letter is my writing; I sent it to Cowart; in it I asked for money for some indigo I had promised Cowart—
I cannot remember the dates when I took indigo to 91, Minories, but I went there about eight times altogether during a period extending eight months back—our first conversation took place at 91, Minories—Cowart paid me from 2s. to 2s. 6d. per lb. for it when I delivered it—after I had been twice Cowart said "It is a great bother your coming two or three times for the money, what will you give me out of it if I pay you the whole amount?" and then he deducted 2s.—then he asked me to bring some more indigo and he would pay me each time—in the letter I asked for 30s., and we made an arrangement that whenever I referred to the matter in writing I should allude to some one else; that is why I say in the letter "My friend will clear out," and "My friend wants the money on Thursday"—he did not send me the money from Liverpool—I do not know how long he was absent—I saw him on his return—I remember Mr. Broomhall calling my attention to a deficiency of indigo afterwards—as I felt unhappy, my health was in a bad state, and I had been out late at night spending money with bad companions; I was passing this man's place on my way to St. Katherine dock and called and told him not to expect me to keep the appointment I had made with him—he said "That is all nonsense," and that I should have to keep the appointment—I said I had made up my mind, I should leave it all alone—he said it was all bosh, or something of that sort, and threatened me that if I did not go on bringing indigo he would take all I had brought to my employers and then tell my father—I afterwards took him more indigo, for which he paid me at the same rate, and on one occasion he advanced me 18s.—I again asked him to give me time to refund the money and I would give him interest for it—he would not hear of that and I felt obliged to take him indigo for the 18s.—on 11th July I took a parcel of indigo from my masters premises to 91, Minories, by appointment—I suspected that I was watched, and went into the shop as quick as I could, and said "I believe I am followed," and put the parcel in Cowart's hands, who hid it and substituted another parcel for it, and instantly the policeman came in and examined the parcel—I did not see the parcel of indigo afterwards—the next morning I asked the officer to withdraw while I spoke to my master.
Cross-examined. I have known Mr. Hall for some years, he is a coffee dealer, I have sold him indigo; I did not always see Hall when I took indigo—I sold indigo to Hall before I did to Cowart—I asked Hall to buy indigo—he said he would provided I came by it honestly—Cowart did not ask me how I came by it, nor whether I had a right to sell it, nor did I say "I assure you I have Mr. Cowart," or anything like it—Cowart was always ready to take it in—I had made an arrangement with Cowart, that I was to reckon that I sold for somebody else, and I was not to say it was my own property, but always to mention a third party—Cowart said "For God's sake, do not let us get into trouble, be careful," but I no not recollect his ever saying "Have you come by it honestly"—Hall was never present when Cowart paid me for the indigo—I have seen Hall several times—I have met him in the street since he questioned me about the indigo, but I did not speak to him about it—I never sold coffee to Hall, but I have seen him sell coffee about the City.
Re-examined. Cowart never refused to take the indigo—I had arranged with Cowart, who had promised never to mention the indigo to my father-Hall is a coffee merchant, and not a broker; I know the difference between them.
FREDERICK LAWLEY (Detective Officer). I was employed to watch the premises in Fenchurch Street, from 8th July—on 11th July, I saw Branagan leave the office about 8 p.m.—I followed him into 91, Minories, Cowart was standing behind the counter, I asked for the parcel which the boy had just brought—Brauagan picked up a similar parcel—I said "What does it contain"—he said "Tea and coffee"—I opened it and found it was a tea sample—I said to Cowart "Has the boy brought any indigo"—Cowart said "Not that I know of, he has come here to see a man named Hall"—on the following morning the boy asked my permission to speak to his master privately, and I afterwards went with the boy to Cowart's place—I said to Cowart "I have come for the parcel of indigo that this boy brought last night, you knew perfectly well that the parcel you gave me was not the one"—he said "Yes, I did, but it was not my matter, it was Hall's matter I said "Where is the parcel"—he said "I do not know"—I said "I must have it, here is the boy, he has confessed to it"—Cowart said "I have not got it, but if you will wait here, I will fetch it"—he went into the cellar, I and the boy followed, and he produced this bag from behind some boards, just as it is now, saying "Oh, I shot it amongst the other"—I said "Where did you get the other from"—he said "The boy brought it here"—I said "How many times has he been here"—he said "About a dozen times"—I made a further search on 16th July, and found two other parcels weighing 27 lb. and 62 lbs., there are some pencil marks on some of the indigo, and some private marks of the makers; I found this envelope and letter in a drawer which I opened with a key found on Cowart—I also found this rent-book of Mr. Hall's, twelve sheets of brown paper, and this black bag (produced)—the paper is similar to that in Messrs. Broom hall's ware-house—when Cowart was charged, he said "I always told him not to bring anything to my place that was stolen." Re-examined. Cowart said that at the police-station.
COWART— GUILTY — Five Years' Penal Servitude. BRANAGAN— Four Months' Imprisonment.
NEW COURT.—Thursday August 9th, 1877.
Before Mr. Recorder.
614. ANTON OSCAR VON KILCH (24), PLEADED GUILTY to—indictments for embezzling the sums of 950l., 700l., and other sums, the monies of Frederick Herbert Schmits, his master. Mr. Lewis for the prosecution stated that the prisoner's defalcations amounted to over 5,000l. Recommeded to mercy by the prosecutor— Seven Years' Penal Servitude.
616. HENRY SHARP (30) [Pleaded guilty: see original trial image] , to breaking and entering the dwelling-house of Assur Keyser and others, and stealing therein twenty-two gold coins, their property— Twelve Months' Imprisonment.
617. FREDERICK JOHNSON (24), and HANNAH JOHNSON (23) [Pleaded guilty: see original trial image] , to burglariously breaking and entering the dwelling-house of David Davies, and stealing therein 45 yards of cords and other articles, their property; also to burglariously breaking and entering the dwelling-house of Charles Mason, and stealing therein one jacket, his property.
FREDERICK JOHNSON**— Seven Years' Penal Servitude. HANNAH JOHNSON— Six Months' Imprisonment.
618. ANDREW BURDEN (25) [Pleaded guilty: see original trial image] , to stealing 36 yards of elastic webbing, the property of Joseph Slade Brown, having been before convicted of felony **— Twelve Months' Imprisonment.
GEORGE DICKENSON also PLEADED GUILTY to burglary and stealing some cigars and tobacco of Matthew Ridgway. MILLS— Three Years' in Feltham Reformatory. DICKENSON— Judgment respited.(See Half-yearly Index.)
MR. GILL conducted the Prosecution.
ARTHUR JAMES TURNER . I live at 11, Abingdon Street, Kensington—on Saturday night, 17th June, I went to bed at 10.30—the house was locked up and the windows closed—I then heard the bell ring once or twice when the laundry boy brought something home; I then heard a noise and got out of bed—I was sleeping on the drawing-room floor—I went to the door and listened and heard somebody coming up the stairs leading from the break-fast room; I saw the prisoner coming up the stairs and ran out and secured him—he had this bundle in his hands containing a writing desk, and several articles of children's clothing which were safe when I went to bed—he asked me if I had seen a boy in the house—he walked towards the door with me, took his coat off and tried to get away—I followed him into the street and gave him in custody—I found the breakfast room window open at the top, this blind torn down and the room in confusion.
Cross-examined by the Prisoner. You did not say "Is this your property?' or "Your house has been broken into, come down and see if you have lost anything else"—you said "Have you lost anything else?"
AMELIA BEEK . I am Mr. Turner's servant—I shut up the house at 10 o'clock, the windows were shut, but I cannot say whether they were fastened—these pinafores, petticoats, and frocks were in the breakfast room when I went to bed, they were not in a bundle but on a box ready for the children in the morning.
Cross-examined. The laundry boy came at 10.15, he did not come in—I took the washing in, shut the door, and went back to my room.
GEORGE ALLEN (Police Sergeant P 58). The prosecutor called me and I found the prisoner detained by him—I told him I should charge him with breaking into the house and stealing a bundle, he said "Very well"—I examined the house, the window was then closed; two blinds were torn down—I found on the prisoner a skeleton latch key, which had been filed, I have opened several doors with it.
Prisoner's Defence. I saw a boy run out of the house and ran after him 200 yards, but could not catch him. I returned to the house, took the bundle, and made as much noise as I could on the stairs, which I should not do if I was going to commit a burglary. I had nothing to break in with, and I could not take the things and" the them up in the dark all in ten minutes after the bell rang. I am as innocent as a new born child.
the police-court, but the Magistrate having heard him did not bind him over.
He was further charged with a conviction of felony at Clerkenwell, in November,1870, to which he
PLEADED GUILTY**— Seven Yean Penal Servitude.
MR. PURCELL conducted the Prosecution; and MR. SIMMS the Defence.
WILLIAM BARNS . I am a musician, of 31, York Road, Walworth—on 9th July I was on board the Fairy steamboat, and had some beer with the prisoner, who I had seen on board beats before—he went upstairs and I sat there some time—when we left Cherry Gardens Pier I saw the prisoner drinking a cup of tea, and he said to the girl "Will you get me another cup of tea?"—she went to get it and he sat on the bar down behind the partition, and I saw him put his hand out and bring it back to his coat tail pocket, it seemed to me he did that twice—I went up and told the captain what I had seen and afterwards told the mate and spoke to the barmaid who was counting her money—the mate went upstairs after the prisoner and brought him down, and said "Where is the money you have taken from that girl?"—he said "I have not"—I said "You have"—the mate said "If you don't give it up I will shake it out of you"—he said that he not, they had a scuffle, and the mate took 11s. 6d. from him while he was on the ground.
Cross-examined. I have seen the prisoner on board two boats—I saw him with a country gentleman whose name I do not know—that is him (Swaine)—there were four or five other persons sitting further up in the cabin, and the barmaid was at one end of it—the prisoner put his hand out of my sight and I thought he took something—I did not speak to him because 1 thought it best to consult the captain, and as I was going up the stairs the prisoner pressed me to have something more to drink—it was two or three minutes before I went into the cabin again, he was not there then, he was upstairs—the mate came down directly I informed him of it—it all happened in a few minutes—the barmaid said she did not know exactly, but the amount of money found would be about it.
ISABELLA REED . I am a barmaid on board the Fairy steamboat—on 9th July the prisoner was in the cabin and asked me for some tea—my back was turned towards the bar while I was fetching it, and when I turned round I saw the prisoner pulling his hand from behind the bar, near the place where I had 1l. 11s. 6d., including halfpence, a quarter of an hour before—the silver was in a glass inside the bar on the right hand side—the money belonged to Mr. Bishop—I gave the prisoner his tea, and he went away and came down a second time—Barnes was there, about a yard from the bar, and the prisoner pressed him very much to have something to drink, and after some time he took a glass of port wine—the prisoner then went upstairs, Barnes told me something, and the prisoner was brought down by the mate, who asked him whether he had taken the money—he said that he had not—the mate told him to give it up—he said "I won't"—I saw 11s. 6d. taken from his pocket, and he was given incharge—no one else was in the bar.
Cross-examined. This occurred between London Bridge and Westminster—the boat started from Woolwich—I had only had one or two customers—I did not say when the mate brought the prisoner down that I did not know how much I. ought to have—when the mate took some money out of his pocket I said that I did not know exactly how much, but that would be right within a shilling or two—I did not know at the time how much ought to have been in the glass, but when I counted the second time I knew how much was missing—there was no gold, but about 1l. was left behind in the glass, we were about Cherry Gardens when I counted it and found that there was 1l. 11s. 6d., and did not count it again till the prisoner was in the mate's hand—I counted the money the mate gave me and found 11s. 6d.—I saw the prisoner stretch over twice, and I had a suspicion on the first occasion—my back was not to him when he stretched over, I was about a half yard from him—the bar is very small, if I had been at the other end of it I should have been 4 or 5 yards from him—I was about yards from him the second time, pouring out the tea—I did not say a word to him about what I had seen, but I was counting my money when the mate brought him into the cabin—there was a great deal of copper—Cherry Gardens is about three piers from London Bridge.
THOMAS GEORGE YOUNG . I am mate of the Fairy—on the afternoon of 9th July Barnes spoke to me and I went on deck to the prisoner and told him the young woman wanted him downstairs—he said "All right, I will come down"—he went down and she accused him of taking her money—I said "Yes, turn it up, give us the money and you can go out clear"—he said "No"—I said "If you don't give us the money I will have it," and I turned him down and took it from his left trowsers pocket—the barmaid did not speak of any sum, but I counted it before the prisoner and it was 11s. 6d/—she was then counting her money and she said that that would just make it right within a shilling.
Cross-examined. I am sure I took it from his left pocket—I saw the pri-soner sitting on the door of the steward's room—the barmaid was counting her money when Barnes spoke to her—she appeared astonished—I was at the fore part of the cabin having my tea, I had been there about half an hour—Barnes and Miss Reed were at the bar—I did not get my tea from the bar—when Barnes asked the barmaid if she had lost any money the prisoner had not gone on deck five minutes—no one else was there, but there was one gentleman in the cabin and a passenger had been down and had some-thing to drink—the barmaid began to count her money about three minutes after the prisoner went on deck—he went up when we were at Billingsgate, about five minutes before we got to London Bridge Pier, and when he had the cup of tea we were at Limehouse—Cherry Gardens is about a mile from London Bridge, we can do it in about eight minutes if we have a clear run—when I took the money from the prisoner there was no other money in that pocket.
ALFRED GREEN (Policeman A 141). The prisoner was given into my custody on Westminster Bridge about 5 p.m.—I told him the charge—he said he was not guilty and that the mate had taken the money from him.
Cross-examined. 4s. 2d. was found on him at the station and 1 believe it was taken from his right trowsers pocket.
The Prisoner's Statement before the Magistrate." I am not guilty. I did not touch the money in the glass."
Witnesses for the Defence.
HENRY SWAINE . I live at Burton-on-Trent, Stafford shire, and am a labourer—on 9th July I was on a boat going down to Woolwich and made the prisoner's acquaintance; we went off the boat together—my stepson was with me—we had some refreshment and the prisoner paid for two 3d. worth of ginger brandy and a glass of ale with a shilling—he asked me if I would have any more—I said "Yes, but I will pay for myself"—he said "No," and changed a sovereign and received 19s. 6d. back in my presence—I was with him till he went on board the boat again—he went into the cabin several times during the voyage—I went down two or three times, but did not have anything—he went into the engine-room and took my step-son in—he treated the engineer—when we were between London and Southwark bridges he was talking to me and the mate came up and told him his young friend below, the barmaid, wanted to speak to him, and when next I saw him he was in the centre of the boat in the mate's hands—I did not see the money taken from him, but I saw it passed to the barmaid—I did not give my evidence next morning—I was not there till nearly 12 o'clock and it had then been remanded for a week—I had an excursion ticket and had to go back to Burton.
Cross-examined. I was confused, because we were in conversation when the mate came up and it gave me a bit of a turn—the prisoner said that he should leave the boat to get to the office by 4 o'clock—I had never seen him before—I do not know the name of the public-house, but it is near the boat—we had 3d. worth of brandy and a glass of bitter ale, which came to 5d., when he changed the sovereign.
ROBERT MCLEAN . The last witness is my step-father—I came to London with him and we made the prisoner's acquaintance on board the boat—I did not see him receive change for a sovereign at Woolwich, as I went out at the back.
Cross-examined. I do not know what my step-father had to drink there.
NOT GUILTY .
622. FREDERICK THOMPSON (21), CHARLES THOMAS (25), and EMMA WILLIAMS (26) , Robbery on Harry Adcock Dixon, and stealing a watch, his property. Mr. Dennison conducted the Prosecution; MR. FRITH appeared far Thompson,
MR. T. COLE for Thomas; and MR. H. AVORY for WILLIAMS.
HARRY ALCOCK DIXON . I am a medical student, of 88, Newman Street, Oxford Street—on 12th July, about 12.40 a.m., I called at a stationer's shop facing Middlesex Hospital—I had left a bottle there for some oil to replenish my lamp—the three prisoners came in with another man and the prisoners called for some lemonade and wanted me to toss them for some cigars—Thomas, the cabman, made offensive remarks about my trowsers and said that I was like a shoeblack—I took no notice and he pushed his black felt hat in my face—I told him if he did that again I should hit him—he pushed his hat again in my face and I pushed him back—he then hit me with the glass out of which he was drinking lemonade—we got out into the street—Williams held me on one side and Thompson on the other—the one who escaped held me round the waist while Thomas was attacking me—Thomas struck me, and directly they let go of me I put my hand to my pocket and my watch was gone, which was safe five minutes before; I pulled it out in the shop when Thomas asked me the time——I called "Stop thief!" and the
prisoners went away as quick as they could—Williams was at the corner of a street and said "The man who has got the watch has gone down that way"—Thomson jumped on the cab to drive it away—Thomas drove by the side of it, and the witness Bower turned it back—I went to the station and gave the prisoners in charge.
Cross-examined by MR. FRITH. I had been to see some friends—I did not hear Thomas ask a man to hold his horse, I was inside the shop—when Thomas put his hat in ray face I said I would throw him over the railings if he did it again—he said that he was Young Hundreds—he hit me across my face with the glass and cut my lip—after that we went into the street—I squared up at him and he struck at me many times; that did not last half a minute, because I was seized by the other people—I did not hear the cabman say he had lost his hat and must look for it, as a policeman was coming and he should be summonsed for loitering.
Cross-examined by MR. COLE. Thomas cut my lip and I got the lemonade over me—I did not strike him outside till he struck me—I was in the shop nearly ten minutes before the prisoners came in and ten minutes afterwards—I did not hear the expression "There goes your cab," or "They are driving your cab off"—one policeman came first and another afterwards—one took Thompson and the other Williams—one policeman told me to get into the cab and Thomas drove me half way to the station and then said he would not go further unless I paid him his fare—he was on the box when he said that; I do not know whether he said that through the square hole—I then got out and walked to the station—I do not know how Thomas got into, the station, but he was watched—the acting inspector heard my charge and said "Do you charge the cabman as well?"—the cabman was the acting one of the lot—I made the charge against him first—I did not feel any one touch my watch.
Cross-examined by MR. AVORY. The woman was in the shop the whole of the time but she went out during the altercation—she was there when the cabman hit me with the glass—she hit me on my left arm, I said so at the police-court—I also said "The other three persons seized hold of me and in a minute I missed my watch"—I also said "I cannot say whether it was Thompson or the man not in custody who had his arm round me"—I do not know who it was—I do not say to-day that it was Thompson who held my right arm but he was one of the two—the person who held me round the waist did not hold my arm too; I know it was the woman, because the cabman was hitting me—she was found 20 yards away—I saw her taken in custody.
Re-examined. I was not the worse for liquor—the man who ran off was in the prisoners company and was on familiar terms with them—he was outside during the fight.
CHARLES LAWLESS . I am a musician, of 7, Francis Street, Tottenham Court Road—I was in Mr. Barnes' shop on the morning of 12th July—I am a friend of his and was in the parlour when the prosecutor came in—I went into the shop and saw the prisoners come in with a man not in custody—they ordered some lemonade—I was talking to the prosecutor, and Thomas told him that his trowsers were too large, large enough for a man of 16 stone—Dixon asked what it had to do with him what clothes he wore, and Thomas said You don't know who I am, I am Young Hundreds" and deliberately butted Dixon with his hat in his face, who told him not to do it again, but he did it again—Dixon pushed him away, and Thomas
struck him with the lemonade glass across the lips-—they tusled and got outside—I went outside but not near them—I saw the other three holding Dixon while Thomas was punching him—when they let go of him the man not in custody ran away, and directly afterwards I heard Dixon say "My watch is gone"—I ran as far as Union Street but could see nothing of him, but Williams ran out—I saw a constable run from Tottenham Street, and then Williams said that the man who had run away had gone up Union Street—I omitted to mention that when Thompson saw the other man run, away he got up and drove the cab off—another witness ran after him, followed him as far as How Street, and caught him—they at last all came back except the third man—some constables came up; one took Williams and another took the other two—I went to the station and heard the charge made.
Cross-examined by MR. FRITH. I saw Dixon and Thomas squaring at each other—I was 10 yards from them, Thomas' back was towards me.
Cross-examined by MR. COLE. Thomas refused in Cleveland Street, to drive the prosecutor to the station—he demanded his fare and then Dixon, who was inside, got out—that was before starting—I believe Thomas drove his cab to the station; I did not see him get off his cab or go into the station, but I saw Thompson go in—I went inside the station and saw them, all there—I do not know who minded the cab outside.
Cross-examined by MR. AVORY. Williams ran to Union Street, but not with me—she said to the policeman "That is the way the man has gone."
WALTER BARD . My father keeps this shop at 20, Cleveland Street—on 12th July, at 12.40 a.m., I was in the shop when Dixon came in—the prisoners then came in with a man who has escaped—the cabman said "Don't be afraid it is only some school mates of mine"—they called for some lemonade and were served—Dixon said we were not very much afraid, and Thomas said "Do you want to fight, because I am Young Hundreds"—Dixon said "I should not like to hit you because I have a licence to kill"—the cabman said "You must not talk about killing people and throwing them over the railings," and he said something about Dixon's trowsers being large enough for a 16 stone man, and put his hat in Dixon's face who pushed him away, and then he struck him in the face with a lemonade glass and they went out and fought, and when I got out Williams and Thompson were holding Dixon, and Thomas was trying to strike him; Thomas got on the cab and drove up the street and I followed the cab—Dixon said that he had lost his watch and cried "Stop thief," and followed them—the one who has not been found ran up Union Street, and Williams ran up Cleveland Street, the other two were on the cab—Williams came back, the cab was turned round, and Dixon said "I will give these two in custody"—Williams then came up and he said "I will also include her."
Cross-examined by MR. COLE. Thomas drove his cab to the station, but he refused to take Dixon without being paid his fare—I saw him get off his cab at the station—I saw his hat off in the street.
Cross-examined by MR. AVORY. Thomas was not holding Dixon, and I cannot swear that Williams was, I know she was there, but cannot say what her position was.
JOHN APPLETON (Policeman E 173). On 12th July, about 1.30 a.m., I heard a cry of "Stop thief," and "Police" from Cleveland Street—I went there and saw Williams standing on the other side—she said "The man. who has got the watch has turned down Union Street"—I had previously seen her with Thompson—I went a short distance down Union Street, and
ran after the cab up Cleveland Street, he drove towards the stationer's shop—Thompson was standing on the dickey with the rein; in his hand—Dixon came up and said that he wished to give the two men, and the female in custody for stealing his watch—I told Thompson to get down off the dickey which he did, and I took him in custody—Thomas said to me "I know nothing of his watch"—I said "If you say you know nothing of his watch let the gentleman ride to the station in your cab"—he went to Williams whispered in her ear, and she walked in the same direction—on arriving at the stationer's shop the cabman had some dispute with Mr. Dixon about his fare, and he got out and walked to the station and charged the three prisoners—on taking Thompson in custody he said "I suppose you will let my wife go home won't you"—I said "I don't know"—Williams then denied being his wife, but said she met him in Regent Circus, and was about taking him home—the cabman said that he took them all up at Regent Circus, and took them to Cleveland Street, and they gave him 18d. a shilling being his fare, and he lushed them four bottles of lemonade—they said that the man who held the horse and escaped was the man who stole the watch, and they knew nothing of him.
Cross-examined by MR. COLE. Thomas had no hat on—I had passed the shop previous to the cry of "Stop thief"—the cab was then standing by itself, nobody was holding the horse—I took Thompson, we all got to the station-house door together—Thompson got off the cab in my presence—Dixon told the sergeant what had happened, and that he had taken out his watch in the shop to see the time—they were all three placed in the dock together, and I told Dixon to tell the whole story, which he did.
The Prisoners' Statements before the Magistrate. Thompson says:" This man and woman hailed me and ordered me to Cleveland Street, they paid me 1s. 6d., I never saw them before."Thomas says:" We took a cab from the Circus to Cleveland Street; the cabman offered to treat us. He asked another young man to hold his horse's head, and the cabman offered him a drink, he came in and had a bottle of lemonade. The cabman and the prosecutor had some words, the cabman threw something in his face and the prosecutor pushed him, they went outside and had a stand-up fight I took hold of the prosecutor's arm and the female tried to pull me away. The cabman asked him to move the cab on as a policeman was coming, and we went off. I turned back again and the prosecutor said 'I have lost my watch I do not know who the third man was."Williams says": We went in and I was on the doorstep and saw the prosecutor and the cabman having a dispute and I tried to get Thompson home. The third man ran up Union Street, and nearly knocked me down. I told the prosecutor which way he had run. I stood still and never said anything. The cabman said something about his wife. I was not charged till I had been at the station a quarter of an hour."
Thomas received a good character.
NOT GUILTY .
FOURTH COURT.—Thursday, 9th August, 1877.
624. HENRY LACROIX (37) [Pleaded guilty: see original trial image] , to burglariously breaking and entering the dwelling-house of Susan Bartlett, and stealing a teapot, toast rack, and other goods, her property— Eighteen Month*' Imprisonment. And
JAMES CHERRY . I am a labourer and live at 110, Cable Street—I was in Cannon Street on the night of the 4th July, returning from Blackwall—I stopped and talked to a labourer I knew—I afterwards sat down on a step, when the prisoner came to me—she did not speak—I said "I don't want your company"—she put her hand in my pocket and took something from it, and said "I've got your knife"—two persons urged me to follow her and I did so, and asked her for my property—she turned round suddenly and kicked me, giving me great pain.
Cross-examined. I never put my hand upon you.
NOT GUILTY .
MR. LYON conducted the Prosecution; and MR. STRAIGHT the Defence.
JAMES DOUGLAS WALKER . I am a member of the bar and reside at 5, Oxford Square, Hyde Park—I have been connected with the Charity Organization Society for some years, and in November, 1874, became secretary—the prisoner was employed in December, 1874, and in February, 1875, became inquiry officer and collector, and in April, 1875, chief inquiry officer—his salary was about 80l. a year—his duty was to collect the subscriptions and pay them to Messrs. Twining, giving the donor a provisional receipt, leaving a counterfoil in his receipt book, and to make out a receipt in the secretary's book for the secretary's signature, also to be sent to the donor—I produce the secretary's receipt book for 1875, and on the 15th June I find on counterfoil 59 an entry in the prisoner's writing of "Strand Charity Organisation Committee No. 59, St. George's Place. Received of the Duke of Northumberland on the 15th of June, 1875, 10l., on behalf of the Committee (Signed) D. W."—I have no doubt I signed the receipt itself, but this signature on the receipt produced is not mine—the No. is 249, and it reads "15th June, 1875. Received of the Duke of Northumberland, subscription 20l."—I also produce the provisional receipt book, which is the only book out of which the collector ought to have given a receipt, and I find no counterfoil corresponding with this receipt—the form is different, the initials are in my handwriting—this cheque for 20l., dated 15th June, 1875, on Messrs. Hoare's bank, and signed by Stapleton Greville is endorsed "Douglas Walker" and by "Lawrence Ryan"—the "Douglas Walker" is not my writing—I believe "Lawrence Ryan" is the prisoner's writing—I also produce the ledger which was kept by Mr. Poor—the prisoner was responsible for the correctness of the entries, and it was his duty weekly to see that the balance agreed with the accounts presented in the other books—Poor is dead—the donations appear on the one side and the outlay on the other—both Mr.
Colenso and I gave instructions to Mr. Poor—this ledger is always produced at the weekly meetings of the society—Ryan generally brought it—I had an interview with the prisoner in June, 1876, when I asked him to account for certain inaccuracies, and he produced receipts and promised to give an explanation on the morrow; next morning he said the receipts were taken from the book, but he could not produce the book—those receipts did not include this one produced—the prisoner was then dismissed.
Cross-examined. Mr. Colenso, who is connected with the society, is also a member of the bar—I did not attend the office every day; I stayed there according to what was to be done—the prisoner was very active—in December, 1874, the balance to the credit of the society was only 8l., in December, 1875, it was 55l.—the funds of the society are never large, the objects of the society being to help people to get relief and also to obtain work—there were office expenses—I do not recollect positively whether I was in town on 15th June, but if any business was going on I was—the prisoner had no right to sign my name to a receipt if I was away.
CAPTAIN STAPLETON JOHN GBEVILLE . I am a captain in the Navy and private secretary to the Duke of Northumberland, and my office is at No. 2, Grosvenor Place—the prisoner applied to me in 1875 for the duke's subscription—I gave him the cheque for 20l. produced and he gave me the receipt produced—the cheque has been returned as paid.
Cross-examined. I have received no other receipt for this same 20l.
JAMES COOMBS . I am a clerk at Messrs. Scotts' Bank, Cavendish Square e—I cashed this cheque on 15th June, 1875, for the prisoner; I knew him as Lawrence Ryan; he endorsed it at my request, though it is to bearer r—I gave him a 5l. note, a 10l. note, number 49,243 and 5l. In money.
Cross-examined. I had known the prisoner as a police-officer—I think he said he was employed by the Charity Organisation Society—I cannot remember whether he said it was for office expenses—I should only cash a cheque for people I knew.
JOHN ASHTON . I a clerk at Messrs. Twinings, who are the bankers of this society—I produce a paper marked "E," which shows that 10l. was paid into the account of the society in June; it is in Ryan's writing—the payment was in a 10l. note.
Cross-examined. I took the prisoner for embezzling the sums of 3l. 10s., 2l., and 10s., which was another charge.
JAMES DOUGLAS WALKER (re-called). The prisoner had no authority to use the money he received in payment of expenses; his duty was to pay all monies received into the bauk, and cheques were drawn for office expenses every week.
Cross-examined. I believe the duke's subscription was increased in 1875 to 20l.—I sometimes drew cheques, but they were, as a rule, drawn by Mr. Colenso.
CAPTAIN GREVILLE (re-called). I never paid anything for the duke before 1875 to this society, but his Grace then told me to pay 20l. a year—after paying two years I was applied for a second time for the subscription and shown the book with the entry for 10l., when I pointed out that the subscription was 20l
He also PLEADED GUILTY to a conviction for felony at the Sessions House, Clerkenwell, in October, 1868. He received a good character— Seven Years' Penal Servitude.
LAING PLEADED GUILTY — Twelve Month Imprisonment.
MR. TAMPLIN conducted the Prosecution; and MR. MONTAGU WILLIAM* defended Watson.
GEORGE PHILLIPS . I am an assistant to Messrs. Gasks, of 58, Oxford Street—on the evening of 8th July, about 6 o'clock, the prisoners asked to see some lace—I showed them some imitation—they asked to be shown some real lace, which I showed them—they said the patterns were not suitable—I watched them and saw Watson pulling lace from the box in such a way as to conceal some of the other lace—I saw Laing take a piece—Watson then said she would bring a piece to see if I could match it—they ultimately chose a piece of frilling and paid for it, and I went away—I followed them and saw Watson pick up some frilling, I did not see her drop it—I then asked Laing for the other piece—she said that was all she had—I said "You have two pieces I am certain, if you have not a third"—she then produced the second piece and I asked her for another—she said she had nothing more of the sort about her.
DANIEL NISBETT . I am manager to Messrs. Gasks—the prisoners were in our shop on 8th July—I saw Watson drop some frilling—I called Laing into the side room and questioned her about some lace—nothing more was said till the prisoners were given in charge.
Cross-examined. I was behind the prisoners who were about 2 yards apart—I picked up the frilling—Watson wore the same jacket she has on now.
JACOB MOBSLY (Policeman C 39). I took the prisoners into custody on 9th July and charged Watson with stealing three pieces of lace—she did not my anything—she gave me an address—I went there and found nothing—at Laing's I found ten pairs of gloves not owned.
Cross-examined. Laing said to Watson "It is very wrong of you to bring me into this."
WATSON— NOT GUILTY .
MR. J. P. GRAIN conducted the Prosecution; and MR. MONTAGU WILLIAMS the defence.
WILLIAM THOMAS . I live at Thornhill Road, Leyton, and am a ware-houseman, in partnership with Mr. Spall, of 120, Cheapside—on Saturday, 9th June, I closed the premises in the afternoon about 2 o'clock—there is a duplicate lock, a bar, and Chubb's patent padlock—on the Monday I went to the warehouse with my son and found the door had been broken open and found the bolt, bar, and Chubb's look on the post—a box was misting which contained 142 dozen of silk handkerchiefs, and the contents of other boxes were strewn about the floor—the boxes had been tied up for shipment
—I have seen some of the goods at the police-station at Mile End Road-l have selected these samples (produced) from those I saw there—I also pro-duce a sample of the scarfs of which I missed forty-four dozen.
Cross-examined. I received the first parcel from Mr. Wood and the second from Mr. Child—some of the goods are sold and others are in the warehouse—the scarfs are made especially for our house by Messrs Pownall & Sons, of Macclesfield; in fact all the goods are made for us we are the sole agents. '
FREDERICK JAMES WOOD . I live at 241, Tottenham Court Road and am a commercial traveller, employed by Messrs. Maby & Co., collar manufacturers, Wood Street—I have been there seven or eight years—I have known the prisoner three or four years—I met him on the 12th of June outside his shop in the Mile End Road—there are macintoshes and India rubber goods in the window—he said "Can you sell some silk handkerchiefs?"—I said "I think I can and will look at them"—we then arranged to meet next day for me to take a sample of the bulk, and the next day I went to his house but he was not in—on the following Friday he showed me samples similar to those produced, which he said belonged to another man, who had eighty dozen to sell—I took the sample and showed it to a detective with whom I had arranged—I was to pay the prisoner 9s. 6d. Per dozen in cash for the handkerchiefs—I bought them on the following Monday—I saw the prisoner again on the Tuesday with the detective who took him into custody.
Cross-examined. The goods passed into my possession eight or nine days after I spoke to the prisoner.
ROBERT CHILD (Inspector City Police). I received a communication from the last witness on the 13th or 14th of June, in consequence of which I gave him instructions and went with him on the 26th to the prisoner's premises, and took the prisoner into custody—before doing so I saw the prisoner come out of his shop and look up the Mile End Road—a few minutes afterwards a potman named Laskey, came out of Mr. Johnson's house with four parcels—I stopped him and examined a parcel, tearing the paper wrapper and seeing they contained silk handkerchiefs—I took them to the prisoner's house and said "I am a police officer, I have here some parcels of silk handkerchiefs which have been stolen"—they have been left at the premises of Mr. Johnson, and this man says "You left them there, will you come and see"—on the way he said "I left them with another man, I will tell you who they belong to"—I then took him to Mr. Johnson's, and he denied having left them there, but Mr. Johnson said "Yes, you left them yesterday"—the prisoner said "I will tell you the man they belong to, and pulled out of his pocket some money and put it into Johnson's hand saying "That is the 20l. I got of you this morning"—Johnson said "You got no 20l., I don't know what you mean "—the prisoner said You know—Johnson said "I don't know anything at all about it"—I then said to the prisoner "I shall have to charge you with having stolen these silk handkerchiefs from the premises of Messrs. Spall of 120 Cheapside; you will also be charged with receiving them, well knowing them to be stolen—he said "I did not steal them, I will tell you the man they belong to—I said "You keep on saying you ill tell me, but you do not do so"—after some hesitation he said "I got them of a man named Lee, at 4, Jupp's Road"—I asked the prisoner if he had any books—he reached down some invoices and gave them to me—I said "Do these refer to these goods" he
Lid "They refer to the goods in my shop"—I said "You said I bought them of Lee, have you anything to shew that'—he said "I did not buy them from Lee, but you did not find them in my place"—I took him to the police-station, and there I found the parcel contained ninety-four dozen and four silk handkerchiefs and two dozen silk scarfs—I afterwards shewed him a few of the other samples of silk found in his house—he said "Yes, I got hem from the other man Lee"—the day previous I had received from the witness Wood, forty-eight dozen handkerchiefs, and forty-four dozen strips of silk—these were shewn to the prisoner.
Cross-examined. I went to Jupp's Road, and found that Mr. Lee lived at No. 2—the prisoner said "I think it is No. 4"—I could not find Lee—lit is difficult for me to say whether he has absconded.
JOSEPH JOHNSON . I am a rope and twine manufacturer, carrying on business at Waite's Place, Mile End, and live at Bow—the prisoner came to me on 25th June and asked me to allow him to leave a parcel at my place and to send one of my men for it—I gave him permission, and when the man brought the parcels the prisoner asked me to allow him to repack them, which I did, and he went up into my office for the purpose and was there an' hour—he then left the parcels at my premises, but afterwards came and fetched one himself—the next day the potman of the Fountain public-house came for them and took the four that were left—afterwards Child came in company with the prisoner—the prisoner denied all knowledge of the parcels, but afterwards said he bought them of a man named Lee—I had no business transactions with the prisoner, and when he said he had borrowed money of me in the morning it was not true—I gave the money which the prisoner handed to me to the detective—I do not know Lee.
Cross-examined. I have known the prisoner eighteen months—he did not offer to sell me any of the scarfs, but he has offered me cloth; he showed me scarfs, and that is what I meant when I said before the Magistrate that he offered them me—he asked me their value; I thought about 3s. 6d. per dozen, but he laughed at me.
Re-examined. A third person was present when the scarfs were shown to me, to whom the scarfs were offered.
ROBERT LASKEY . I am potman at the Fountain public-house—on 26th June the prisoner asked me to go to Mr. Johnson's and fetch four parcels and take them to his house—as I was taking them the detective stopped me and took the parcels.
GEORGE WESTWOOD (City Detective). I went in company with Child to the prisoner's place of business, when the prisoner was taken into custody—on searching the premises I found some scarfs in a desk in a back room, also in the bed-room upstairs, similar to those spoken to by the witness Thomas—there was also a quantity of cloth and other property—the property was taken to Bow Lane police-station, where it was identified.
Cross-examined. I can speak to the goods from the pattern.
The Prisoner received a good character.
GUILTY of receiving.—Five Years Penal Servitude.
NEW COURT Friday, August 10th,1877.
Before Mr. Recorder.
MR. J. P. GRAIN conducted the Prosecution.
FREDERICK TILLETT . I manage the Wolverley Arms public-house, Bethnal Green, and have eight workshops at the back of my premises, one of which Butler hired about 21st May at 9s. a week—the first week's rent was paid—on 2nd or 3rd June Midwinter brought me this cheque for 5l. 10s., signed "C. S. Butler," and asked me to cash it—I did not know Butler's writing, and objected—he said that the governor, Mr. Butler, had been buying some goods and part of them were outside, and he would not leave them without the balance of 3l. 19s. to make up the payment—he had a little vermillion in his hand and said that the bulk was outside, and I agreed to advance him 3l. 17s. on the bag of vermillion until the cheque was paid—he showed me this invoice "Mr. George Butler, one bag vermillion, at 3s. 3d., by cash, 10l. Balance 3l. 17s. Settled same time. S. Broome"—I—was not to pay the cheque in till Monday—Butler did not call on the Monday, and I paid it into my bank on the Tuesday; it was afterwards returned dishonoured—on the Wednesday Midwinter called—he had some sovereigns in his hand and wanted the cheque—I said that I had paid it into the bank on Tuesday afternoon and had not got it—I asked him for the money—he said that he would not leave the. money without the cheque and that Butler was close by and would be at my house in half an hour—they both came in half an hour and Butler asked me if I had got the cheque—I said "No," and that it was not returned from the bank, and I had had no notice of it—he proposed to go to the bank with me—he said he had drawn a cheque for 60l. and if that was paid he doubted whether my cheque would be met—he and I walked to my bank and found that the cheque was not returned from the clearing-house—we then went to his bank in Cornhill—I stopped in a public-house while he went there—he came back in ten minutes or a quarter of an hour and said that the cheque had not been presented, and he could not get it—when he went to the bank he unfastened a black leather bag and took out a cheque-book and a passbook and then put them at the top of the bag—he promised to pay me next day—he has never paid me the 3l. 17s., but he afterwards paid me 1l. which he had borrowed of me—the supposed bag of vermillion was opened and found to be sand, similar to that on a heap at the premises I let him.
Cross-examined by Butler. You did not tell me where you lived—I gave you a receipt for the rent.
Cross-examined by Midwinter. You did not tell me that the parcel contained vermillion, but you showed me the sample and told me that the vermillion inside was the same as the sample in your hand.
AUGUSTUS HERRING . I am in partnership with another gentleman, as wholesale druggists in Aldersgate Street—on 2nd or 3rd June Butler came and presented this card and asked me for quotations for articles named on the back of it, and for samples of vermillion—I gave him two—he said that he was in a large way of business as a sealing-wax manufacturer—these two memoranda were afterwards handed to me by a man.
his writing. Read: "Please let bearer have camphor and tartaric acid. Charles Butler." "Please deliver 1/2 cwt. of camphor."
AUGUSTUS HERRING (continued). I did not deliver the goods—I received this request to send the goods (dated June 9th), and then sent goods to the value of 20l. 8s. 11d., and sent him an invoice for that amount—Butler afterwards called on me and said "I have drawn a cheque for the full amount of your invoice, but I consider the tartaric acid is rather too high"—I referred to the prices and made a reduction—this (produced) is the corrected invoice—he said "You can place the balance to my credit or deliver the money"—I said "We will place it to your credit or you can give us a reference"—he said "I am well known, I want them particularly to-morrow"—I said "They shall be delivered for cash on delivery"—I paid the cheque to our account at the London and County Bank, and it came back marked "account closed"—we immediately instructed our solicitors—if I had known that the cheque was on a bank where he had had no account for seven years, I should not have parted with the goods.
THOMAS BOUDITCH . I am a carman, in Messrs. Herring's employ—on 12th June I went to Butler's, at Bethnal Green, with some drugs, and saw Midwinter—I gave him the invoice and the goods and he gave me the cheque and said "It is more than the invoice, have you the change?"—I said "No"—he said "Mr. Butler has gone to the City, and will call for the difference"—I went back and gave the cheque to my master—this is my receipt.
Cross-examined by Midwinter, You told me that Mr. Butler was in the City and perhaps he would call or send me for the change, as I lived that way.
HENRY HEMMING . I am assistant to Edward Hammings, a hosier, of Cannon Street—on 15th June Butler came and looked out half a dozen sheets and other articles amounting to 3l.7s. 6d.—he said that he was in a great hurry to catch a train and requested the goods to be sent, and asked for an invoice to let him know how much was to be left out—he gave his address 51, Duke Street, Aldgate—I went there several times and no one was there—ultimately some one who I do not recognise came for the parcel and brought this cheque and I gave the goods to him—we passed it through the bankers and it came back—if I had known that there was nothing at the bank I should not have parted with the goods.
JOHN ALFRED WOOD (re-examined). Butler's account at the Metropolitan Blank was opened on 1st July, 1870, in the name of Charles Stanley Butler, and on 31st December, 1870, there was only 30s. standing to his credit—the account was struck off and finally closed by the bank—nothing else has been paid in—these are our cheques, they have been presented to us and returned unpaid—"N. S." was put on one in the hurry of business, hut the others are marked "Account closed."
Cross-examined by Butler. Your pass-book was sent to you in Newgate on the 31st, with some cheques in the pocket—when you left it with us on the 6th it showed a balance of 40l. or 50l., as some cheques to that amount were not written up in it then—after all those years there was in pencil a balance due to you of 39l.
Re-examined. The book had not been sent in to be made up since 1870—the balance of 39l. was prior to these cheques being entered, which are in the book, it is made up now—they were paid in 1870, and they reduce the balance to 10s.—the money had all been paid, but these cheques were not entered because he had not sent the book to be made up.
JAMES BOND (Detective Officer). On 21st June I searched Butler's premises, at St. Andrew's Street, on a warrant, before he was in custody—Daly and Smith were with me—outside the premises I found an empty case, which Mr. Herring identifies as sent with his goods—Butler was taken on the 27th and told the charge—he said "I have either 37l. or 39l. in the bank to my credit"—I found on him 5s. 3 1/2 d., a packet of memoranda, and a blank cheque—I showed him the cheque and drew his Attention to the words "account closed," but he still said that he had 37l. or 39l. in the bank—I found in his house those drugs and shirts and collars which are identified.
OWEN DALY (City Policeman). I went to Butler's premises, at Bethnal Green, and saw Midwinter putting some harness in a cart, and two large bottles containing some liquid—I said nothing to him nor he to me—I had no warrant—I went next day to Cleman Road, Old Ford, and saw Midwinter there and recognised him, and said "You are the person who was removing goods from the premises of Butler yesterday"—he said "Yes, I did"—I said "Who authorised you to do so"—he said "Nobody, I did it because Butler would not pay me any wages"—I said "Are you aware that those bottles containing chemicals are the property of Mr. Herring, a merchant in the City"—he said that he was quite aware of that—I said "Where did you take them to?"—he said I gave them to a man I met in the road, I gave him charge of the horse and cart also—I had a warrant for him and took him in custody—he said "I am quite prepared for the charge"—he was taken to Bow Lane police-station and put in a cell—he afterwards sent for me and told me to go to a house at the corner of Sale Street and Abbey Street, Bethnal Green, and there I should find 34-bottles of chemicals which, had been obtained from Mr. Herring, and he had taken them there under Butler's directions—he gave his address Park Street, Mile End—I went there on 26th June and found in a stable five other bottles which Mr. Herring identified—it is a cab yard.
Cross-examined by Midwinter. You told me at the station that you took them by Butler's orders, and in his presence.
THE COURT considered that there was no case against Midwinter.
NOT GUILTY .
Butler's Defence. Midwinter was my servant, and acting under my orders; I issued this cheque on the faith of there being a balance at the bank, not knowing that it was so short, the book not being made up. It is a very painful thing to tell the jury, but I got into trouble and was sentenced to seven years' penal servitude, and the cheque-book and passbook laid at my house all that time, showing a balance of nearly 40l., and when 1 came back the book not being made up I believed that I had that amount at the bank. I took the premises to put my father into work as I had to keep him. All the goods have been returned.
BUTLER GUILTY .
He was further charged with having been convicted at Kingston, in October, 1870, and sentenced to seven years' penal servitude, to which he
PLEADED GUILTY.** The police stated that he was still under a ticket of leave— Seven Years' Penal Servitude.
MR. PURCELL conducted the Prosecution.
streets into White Cross Street, where the Great Northern Depot, the Bee Hive, is—three or four of their vans were waiting to go in—Yearly went to the tail of van 476, took hold of a box near the tail of the Tan and pulled it over—Hosier was close to him with his face towards him—the boy then came to the back of the van, fastened up the the tailboard and went to the front of the van again—Yearley made a second attempt to take the box, but the carman drove away—I afterwards saw Hosier go to the tail of van No. 348, Yearley was close by Hosier, reached over the van and took a brown paper parcel from the middle of it which he pulled half-way over the tailboard—the boy drawed the van into the yard and the prisoners walked on. Hollowed them and took them in custody, and charged them with stealing the parcel—they both said "Well, we did not get it"—Hosier said at the station "You have got us straight and we cannot grumble"—they gave false addresses.
Cross-examined by Hosier, I told the Magistrate you both said it together—the clerk asked me which said it first, and I said "Yearley said it first and Hosier afterwards"—I did not say that I found you at a public-house changing a sovereign.
GEORGE BEASLEY . I am a carman in the service of the Great Northern Railway—on 9th July I was at the depot in White Cross Street with my van—I went into the office, leaving this parcel (produced) in the middle of the van, and when I returned I found it over the tail.
WILLIAM BROTHERS . I am a van guard in the employ of the Great Northern Railway—on 9th July I was in charge of a van outside the depot—I saw Yearley go to the van and draw a box to the tail—I went and put up the tail of the van and said to Hosier "Somebody has been interfering with this, he had better not let me see him do it again"—I also saw Yearley—the van driver was inside—I fastened up the tail and went round the off side—Yearely walked away before Hosier, and then I went away.
Cross-examined by Hosier. I was not brought into your cell and asked if I knew you—I was asked if one of those men was at the tail of my van—I did not lay that I did not know you—I said that is the one, I think—I did not know your names, but I said "That is the one who interfered with my van—you were there when I went there with my van.
Hosier Defence. Nothing was found on me but a handkerchief. If the policeman speaks the truth he knows that we did nothing and tried to do nothing.
NOT GUILTY .
MR. HARRIS conducted the Prosecution;
MR. W. SLEIGH the Defence.
ELEANOR TYLER . I am book-keeper to Mr. Scarlett, a butcher, of 5l., Albemarle Street, Piccadilly—he serves the Albemarle Club, where the prisoner is page—on 20th July, he came between 11 and 1 o'clock with this cheque, and said "Will you please cash this cheque for Miss Clack worthy"—she is the housekeeper at the Albemarle Club—I asked him to wait for a moment—he waited and I got the money and gave him a 5l. note four sovereigns and some silver, and gave the cheque to Mrs. Scarlett—it was afterwards brought back to her with "Signature not known "written on it—I saw the prisoner again on the following Monday, Mrs. Scarlett was present—I asked him if he remembered coming on Wednesday morning to cash a cheque—he said first that he didn't—he afterwards said
"Oh, yes, and I gave the change to Miss Clackworthy when she was at dinner"—he then went away to the club and I did not see him again.
Cross-examined. I don't think Mr. Scarlett has been at the police-court—I don't think he is here, or Mrs. Scarlett—I have no doubt that it was between 11 and 1 o'clock, I cannot give the time nearer—Miss Vincent was the previous housekeeper—the Albemarle is a ladies' club—I did not know how Miss Clackworthy spelt her name—I have received orders from her with with her name at the bottom—I said at the police-court I did notice before I gave the change that her name was not spelt right—I noticed that the writing on the cheque was nothing like hers—I did not tell Mrs. Scarlett that the name was not spelt right—I noticed the signature on the back of the cheque particularly, but I believe it was nothing like Miss Clackworthy's—I told Mrs. Scarlett that I will swear—I mentioned at the police-court about taking the cheque to Mrs. Scarlett—I mean to say that I took her the cheque and showed her this signature on the back of it—she told me that I was to cash it—she was sitting in the back room—I did not call out to from the shop, I went in to her—she took it in her hand and said that. the name was not spelt right on the back or the same as it was on the front, but she said it did not matter where it was made payable to bearer—I forget whether Mr. Scarlett sent to Miss Clackworthy for her true signature, but I remember his comparing it with the cheque and making an observation to me—I do not think the prisoner appeared confused when he was sent for—I don't remember saying so at the police-court—I remember him saying at the police-court that he had changed a 10l. note with me, but that was not the week—I said to him "Do you remember coming in on Friday for change to a cheque for Miss Clackworthy?"—he said "No, I do not remember coming in on Friday, I remember coming in with a 10l. note, but I think that was early in the week"—there are a great number of boys about us of the prisoner's size who are dressed in shell jackets with buttons—they are employed at clubs and and hotels I believe—I am quite sure that this took place before 1 o'clock—I know the boy well.
LOUISA CLACKWORTHY . I am manageress of the Albemarle Club—I did not send this cheque by the prisoner to Mr. Scarlett to change; this is not my signature on the back of it—the prisoner did not give me any money—I sent him over with a letter to Mr. Scarlett for an explanation, and I spoke to the prisoner about it on the day before he was apprehended—I asked him in Mr. Scarlett's presence if he had changed a cheque for me at Mr. Scarlett's last week—he said "Yes. I did, and gave you a 5l. note and some gold—I said 'You never did"—he said "On your luncheon table"—I said he must be confusing me with my predecessor, Miss Vincent, who had left me only five weeks—I have never sent him to cash a cheque for me.
Cross-examined. The boy was universally liked and beloved and trusted in the club—all the monies of the club were kept by the butler; he is here—this was on plate-cleaning day, Friday—the plate cleaning would take from 9 o'clock in the morning till 11 o'clock, or after, and it happened once a week—the prisoner had had several opportunities of pilfering in the club if he wished—he had access to the butler's desk and the hall-porter's desk—they never think of taking away their keys and leave their desks open—he bears a character of implicit honesty—a leading member of the club, a lady of title, was here the day before yesterday to give him a character, but was compelled to go to Bedfordshire.
Clackworthy called the prisoner up into her room at the Albemarle Club—I said "You know you are accused of going to Mr. Scarlett's and changing a cheque?"—he said "Yes, I know I am, I did not go"—I said "Then I am to understand you totally deny going to Mr. Scarlett's?"—he said "Yes,"—I said "Do you know what you said in the presence of Mr. Scarlett and Miss Clackworthy?"—he said "Yes"—Miss Clack worthy said "Poor boy, he must be confusing me with the late house-keeper that has left"—he said "Yes, I was never sent to Mr. Scarlett's at all"—I saw him on the 25th, about 9.30, and told him I held a warrant for his apprehension for uttering a cheque—he said "I know nothing about it, I never went to Mr. Scarlett's," and then he commenced crying.
Cross-examined. Miss Clack worthy spoke about his being confused, and she said "He did say he gave me a 5l. note and four sovereigns in my luncheon room, I have not told you that before"—I understood him to answer 'Yes, I know I did so"—he seemed very excited and confused—I have made inquiries with reference to Mr. Pratt, a cheesemonger, of Conduit Street, with respect to a cheque which had been attempted to be passed by a man on that very morning.
Witnesses for the Defence.
WILLIAM HAMMOND . I am head butler of the Albemarle Club—I have known the prisoner ever since he has been at the club, ten months—we always found him an honest lad—on Friday, 20th July, I sew him at 9 a.m. when he came to the club, that was plate-cleaning day, and he was in the pantry, in a line with the hall, cleaning the plate in his dirty undress suit—I do not remember him going out of the club from morning till night—I was in the hall in a line with him between 9 and 12 o'clock and 1 never missed him once—I grumbled at him because he was not dressed just before 12 o'clock—I made him hurry and from that time I never lost sight of him till our first luncheon came in at 1.45—he went into the bar to relieve the porter and let him go to his dinner at 1.30, and stopped in the box till 1.45—he came up from the servants' hall at 12.40 and went into the porter's box—I was in the hall while he was there and can say that he remained in the porter's box constantly from 12.40 till 1.45—I do not know Mr. Pearson, he is not a member of the club.
Cross-examined. I was at the police-court, but did not give evidence because I was not called—the hall porter is not here; he was put into the box at the police-court, but could not remember the date—he was examined for a time—I do not know whether the prisoner's solicitor withdrew his evidence because the Magistrate did not believe it—he did not give the whole history of the morning, he only got as far as the date, and then he said he did not know whether it was last Friday or Friday week—I remember the date by it being plate cleaning day, and by it being brought to our minds so soon as the Monday following—I mean to say that only one Monday followed the date I am speaking of—I was there the whole morn-ing, and never saw the prisoner out of the pantry—I was in the coffee-room or the hall, except when I went down to the servants' lunch—I had not my eyes on him in the coffee-room, but as I went in and out; I stand at the coffee-room door mostly—the other witness who is going to be called was in the pantry with the boy the whole time, from 9 o'clock till nearly 12 o'clock—I made the prisoner hurry to dress to be down at 12 o'clock—he dressed in the pantry and 1 kept by his side and hurried him—I went down to dinner with him and he sat by me at dinner—I did not lose sight of him
till the first luncheon commenced at 2 o'clock—I did then because I was in the coffee-room making out bills—this was first brought to my mind on Monday morning, the 23rd, when the cheque was sent from Scarlett's, and Miss Clackworthy said "Here is somebody has been passing a bad cheque at Scarlett's with my name on it"—I wanted to see it, and she said "The boy brought it down"—I said "The boy could not have been out that morning, between 11 and 12 o'clock, because he was not dressed, he was cleaning plate and was dirty"—I did not name that to Scarlett, or to Cave, the policeman—I named it to the solicitor the first time I saw him, and on the morning the boy was brought up on Wednesday, at the police-court—I was at the club the whole time, Miss Vincent was there—she left six weeks ago—here is "Mary Gardner" on the cheque, I never heard that name, nor do I know the writing—the writing on the other side is not Miss Vincent's, hers is a large bold writing—we have only one porter.
GEORGE REED . I am waiter at the Albemarle Club—Friday, 20th July, was plate cleaning day—I slept in the same room with the prisoner, and at 9 a.m. I went down to clean plate with him, and he was with me till 11.45 when we finished it, and he began to wash himself and he dressed in the pantry with me—the servants dine at 12 o'clock, the first lot, and the second at half-past—I saw him go to dinner at 12 o'clock, and saw him about 12.40, when he came up from his dinner—he then went into the box on duty, but I only saw him there some minutes—I came up at 1.10, and he was then in the box which is immediately opposite the coffee-room door—that is where I sit—he remained in the box after I came up, I suppose three quarters of an hour as near as I can imagine—he never left the club, for a single moment.
Cross-examined. He was not supposed to be more than half an hour at his dinner, but on that day he took ten minutes extra, I kept account of the minutes—I went down to my dinner when he came up—it is about 200 yards from the club to Mr. Scarlett's shop—he would be dressed in his proper uniform, between 12 and 1 o'clock—I was before the Magistrate, but was not called—the porter is not here, he was before the Magistrate, but there was some little mistake.
By THE COURT. The porter went down to his dinner at 12.40 with me when the others came up—I finished my dinner at 1.10—the porter was not well and he laid down and was not up till 1.30 or a little after—he stands in the hall, he seldom sits in the box—the boy sat in the box reading the paper—I saw the boy remaining in the box after the porter came up.
ALBERT PEPPERELL . I am a waiter at the Albemarle Club—Scarlett's the butcher's is on the same side of the street but nearly up to Grafton Street—you would take about two minutes to walk—I dare say I could walk there in a minute, or run in half a minute—on Friday, July 20th, I saw the prisoner at the club, from 9 o'clock till 11.45, when we all dressed for dinner in the pantry where he had been cleaning plate—I went down to the first dinner and the prisoner sat between me and the butler—he came up in front of me and I saw him in the box; he took the "Telegraph" and began to read it—I saw him there till 1.40, when he came into the coffee-room where I was behind the door which is right opposite the box—the porter did not go into his box directly.
Cross-examined. I could not have helped missing the prisoner—I did not go before the Magistrate—the head porter is not very well to-day, he went
to the police-court—we should go down to dinner at the same hour on the Friday before—we should go through the same performance on one Friday as another, but we were a little later on that day—the prisoner invariably sits in the porter's box when the porter goes down to dinner—he is answerable for the box—the hall porter was unwell on this Friday.
THOMAS WORTHING DUTTON . I am a solicitor, of 40, Churton Street, and have the conduct of the prisoner's defence from beginning to end—I remember the hall porter being put into the box on the second remand—he forgot the date—I asked him what day it was and he said "Last Friday—I said "Think again," and he said "Well, it was either last Friday or Friday week"—Mr. Newton, the Magistrate, said that he had determined to tend the case for trial, and I immediately sat down—I asked Mr. Newton to allow the evidence to be expunged—I thought it advisable that no witness should be called.
Cross-examined. The first hearing was on the Tuesday after the offence was committed, but I was not there on the first hearing—I was instructed on the remand—the hall porter was there on the remand, which was, I think on the Thursday; it was a week or eight days afterwards, I don't know the date—the witness said "I was there on the remand "and he said "Last Friday"—I said "When do you mean?"—he said "Either last Friday or last Friday week"—Mr. Newton made some rather strong remark and I immediately asked him to allow the evidence to be expunged, because he was evidently making a mistake—I had merely asked his name and address and whether he recollected the day—I was first told after the remand what Pepperell and Reed could say—there was only one remand—I was told before I went into Court what they would say, and made a note of it on my paper—those two were there.
Re-examined. The two other witnesses were not there—I told Mr. Newton what my defence was and he said that if I could prove it it would not alter the case—I put that man in the box and he made a great mistake about the date, and Mr. Newton was determined to send the case for trial, so I thought it would be wiser to leave it in the hands of Counsel.
NOT GUILTY .
Mr. Harris offered no evidence.
NOT GUILTY .
MR. POULTON conducted the Prosecution.
LOUIS HENRY BRAHAM . I am a solicitor, of 50, Eutton Square—I was acquainted with the defendant as far back as November, 1859, when I had certain business transactions with him with regard to certain leasehold houses—he purchased some property at Sidmouth for about 1,100l., and I advanced him some 800l. on it—I advanced him first 23l. 14s. 6d., and he was indebted to me 100l.—that was not a charge upon this property, but ultimately it became a charge of 927 114s. 9d.—that was in 1860—from information I received in April, 1861, I went to Sidmouth and took proceedings in the Court of Chancery to effect a foreclosure—the defendant consented to a decree, which was obtained—I was compelled under the lease to erect two other houses on the property, and I expended altogether 3,006l.
10s. 6d., including the advances—I let one house at 70l., one at 50l., and sold one for 850l.—it paid me about 3l. per cent., because there was a quantity of unlats and repairs—on 21st February, 1877, I received this letter; there is no date to it, but this is the envelope—the signature is in the prisoner's writing—it is directed to me at the bottom and the envelope also, but I had previously received this other letter on January 28th, that bears a different signature, but I believe to be the prisoner's writing. (A letter of 28 January, from the prisoner to the prosecutor, commencing "Braham, you are getting old,"was put in at the prisoner's request; also the following letters; From Webster and Graham to B. C. Jones: 30th January." Sir,—Mr. Lewis H. Braham has handed us your insulting effusion, with instructions to warn you against continuing any such annoyance. He states that you are perfectly well aware that he has been a great loser by the transaction to which you allude, and that this is an impudent attempt to extort money. Should you, therefore, repeat it, we shall take such steps as we may deem expedient, to protect Mr. Braham from further insult."The libel was read as follows. "Now, Loo," what is it you do? Do you think to frighten me 1 Never fear, old hullalaboo. Your threats are naught but fiddle-de-dee. I know thee well, thou brazen devil. I know that in my wealth you revel. I know you said you'd give me some, which thou knowest thou neer has done. And do you think to frighten me, Louis Henry Fiddle-de-dee. I've humbled myself to you, sir, and you have requited me by insolence and insult If you hold out more of your specious and presumptuous threats I'll write your whole life and publish it, that I will You promised me to refund me 3,000l. or 4,000l. of my money, and again I ask you to fulfill your promise, "&c. Signed B. C. Jones.") In consequence of that communication. I took out a summons at Bow Street and the defendant appeared, and at the suggestion of Mr. Vaughan I withdrew the summons on the defendant promissing not to annoy me again—he admitted the signature to the letters and that he had sent them—ten days afterwards I received these two books (produced) in this cover; on one of them is written" Bribed, of course, by old mutton chops," in the prisoner's writing; that referred, I suppose, to the reporters—there are some marks in the books, but nothing to show who made them—I afterwards received this document. "Extract from a novel publication shortly to be issued, and will appear if the wretch does not do his victim justice immediately. It is said that since Abraham's daughter ran off with a scavenger, and a synagogue's funds under Abraham's manipulation became small by degrees' and beautifully less, he has been seen walking of mornings alongside the bank of the Serpentine, but has never had the courage to consummate the most desired object of all who know him, &c. Report says that the lady will still dress the girls as she pleases, and let them wear pink kid boots, which aggravates Abraham very much," To which some verses were added containing the lines; "He caught the man in fiendish grasp and prigged from him his tin, And then he stung like demon-wasp and revelled in his sin." Also" I'll show him up, the wicked Jew, and how he got the wealth." This was interspersed with Latin and Hebrew.) I do not know whether that is the defendant's writing, I thought so at first, but I am not prepared to say so now—I think the envelope certainly is written my him, but disguised—the word "Louis" is so much like the word in the other letters I received from him, and many of the circumstances there enumerated certainly apply to me—contained in the same envelope was this document, (Read: "May 8, 1877. See, we
know his history from childhood, and we mean to publish it with all his imperfections on his head. Enclosed is a bas-relief as he was when an infant,' muling and puking in his nurse's arms;' also a bas-relief as he was when swearing at Bow Street,"&c. Enclosing two gutta percha heads.) I have been treasurer of a synagogue, which, I think, the defendant knew—I have now ceased to be connected with it—I consider myself referred to by the words "Synagogue's funds under Abraham's manipulation became small by degrees and beautifully less," I understand that to mean that I purloined the funds of the synagogue—"Abraham's daughter ran off with a wealthy scavenger," I understand to mean that one of my daughters was married to Mr. Ferguson; he is not a scavenger, but there is a dust con: tractor of that name—there is also an allusion to kid boots, my daughter was at a ball twenty years ago and certainly wore pink kid boots, and the defendant was there—on 14th June I received this document in a blue envelope—I fancy part of it is in the defendant's writing disguised—the envelope appears to have been written by some other person, but it is directed to me in the same ink.
Cross-examined. I first knew you thirty or thirty-five years ago—I do not think it is forty years—I do not know whether you were of age then—you were introduced to me as a client by my brother-in-law, Mr. Davis, who is since dead—I began to lend you money directly—I was not continually lending you money from the time you were nineteen till you were over forty, except what I lent you on that mortgage—I have not lent you more than 30,000l.—I have discounted very few bills for you, and they were all genuine trade bills—I do not admit that they amounted to 20,000l.—I have retired from business four years, and have Hot got my books, but I think I ordinarily charged you 15 per cent—the minimum rate was not 40 per cent.—it is seventeen years since I had a transaction with you as a client—you were a client of mine some time—you bought some property at Acton once, and 1 advanced you money on it—I lost nothing by that—I think you compounded with your creditors in 1855, and in 1865 you were bankrupt—I do not think you were bankrupt in 1851 and 1852—you were not in a large way of business—you kept a cigar shop in Moorgate Street—it was not an extensive warehouse—you did not turn over more than 40,000l. a year—I did not have 5,000l. or 10,000l. a year of you—you did not owe me 1,200l., or any money. (The prisoner cross-examined the witness as to several matters, insinuating that the witness had obtained nearly 5,000l. of his property by lending him money at usurious interest and then seizing the property for security. The COURT informed him that he had been given more license than would be allowed to Counsel, and that most of the matters he inquired into were irrelevant to the issue.)
WILLIAM SHAKESPEARE WEBSTER . I am a member of the firm of Webster and Graham, 17, Ely Place, solicitors for the prosecution—the defendant applied to us by his solicitor, Mr. Rawlings, as to the course to be taken with regard to the prosecution; I saw the defendant yesterday—he said nothing about having seen Mr. Rawlings, to me, nor did he allude to the interview I had had with Mr. Rawlings; I told him that Mr. Braham suggested that he should plead guilty to the indictment, and we would ask his Lordship to allow him to go out on his own recognizance, which he indignantly declined to do—nothing was said about the costs of the prosecution.
Cross-examined. In reply to your letter of 28th January, we wrote on January 30th, threatening you with proceedings for endeavouring to extort
money, to which you sent this reply. (This was signed B. Jones.—To Mean. Webster and Graham, and stated referring to Mr. Abraham:" He lies in the teeth saying I am endeavouring to extort money, it is an odious lie jastaj every act through his life has been It is a further lie to say that I knew he lost money by my property.") This is our reply: From Webster and Graham to B. Jones, dated February, 1st, 1877, stating that they hove nothing of the facts between himself and Mr. Braham, and that if he had and complaint he should enforce it by legal means and not by abusive letters, and enquiry wither he was prepared to pay Mr. Braham, his principal, interest, and costs, as he would be glad to get rid of the property.) We had no answer to that—Mr. Braham did not swear that it was your writing, upon which he obtained the first summons in March, it was merely my application to the Magistrate, and I stated that it was your signature—he granted the summons without oath, but when Mr. Braham was examined he swore to your signature—you admitted before the Magistrate that you sent that insulting document in reply and you justified it—I don't remember if Mr. Braham swore over and over again that it was all your writing, but he swore to your signature—I do not think you wrote me a letter when you received the second summons, but Mr. Rawlings called on me—you called on me after the second summons with a view to my withdrawing it, and I wrote you a letter; I believe you called on me again on 27th—this is my letter. (This was dated January 27th, 1877, stating thai the summons against the defendant had been adjourned to that day week.) It was not on the receipt and that letter that Mr. Rawlings and you came to me—when you did come no stipulation was made that you must pay a certain sum for costs if the proceedings were withdrawn—after that letter I do not remember seeing you or Rawlings, but you sent me a sort of undertaking which I refused to accept—you said that you would undertake not to write any more yourself, and that you would undertake that Mr. Braham should not receive any further annoyance—I wished to be certain that another person was under your control—I didn't think of coercing you—you led me to believe that if you had not written the letters they were written by your instructions—you led me to believe they were written with your instructions and said that it should not occur again—you said that you would use your influence to prevent it—I led you to believe till the last moment that the thing would be settled there, and if you had given that undertaking it would had been withdrawn—on the day before the case came before the Magistrate you gave me an undertaking which I could not accept—I did not give you the form—you passed this piece of paper to mo (produced) in Court, and this is the answer I wrote upon it "Don't intend"—when the summons was adjourned for a week you showed no disposition to arrange it, you never came near the place, nor did Mr. Rawlings, but the day before it came on I receive the undertaking from you—since the hearing of the summons you have offered to produce the writer of the document—I stipulated with Mr. Rawlings for 50l. costs; you had written to say that you would pay no costs—this is the document upon which I applied for the second summons.
Witness for the Defence.
WILLIAM RAWLINGS (examined by the prisoner). I know your writing—I should say that these envelopes are not your writing, nor are the documents enclosed in them—I am as positive of that as I can be of anything—there is no similarity between your writing and them. (These documents had not been sworn to.)
Cross-examined. There is no person in the prisoner's office named J. L.—I do not know whose writing they are in and I never saw them till I was at Bow Street.
DR. ELMAR MAX GROOBY . I am just now translating the prisoner's books into German, both on his account and my own, for the purpose of being published in German—I have had repeated opportunities of seeing his writing and can swear to it—neither these envelopes nor these documents are in his writing.
Cross-examined. I have given attention to handwriting, it is part of my study, as far as I have to look at ancient MSS.—I have been in the habit of copying MSS. to translate, but have not given attention to the resemblance between different writings—I have known the defendant since May, 1871—I am not employed by him now—it is to our mutual advantage that 1 should translate some of his works into German—this envelope is not his writing, it is my own—I do not know anything about the enclosure—I directed it to Mr. Braham at the prisoner's request—he gave me an envelope and asked me to direct it but 1 did not see what was put inside it——I do not know whose writing the other envelope is.
MR. POULTON recalled
The prisoner in his defence stated that Mr. Braham, had for years promised to give him 400l. back out of hit property, but had never performed it; and, finding himself pressed, he endeavoured to induce him to keep faith with him, upon which Mr. Braham's solicitor wrote a threatening letter charging him with endeavouring to obtain money by false pretences, to which he replied. He admitted that the first letters were written by hit directions and forwarded to the prosecutor, but that he had withdrawn them by the advice of the Magistrate, since when, several other persons, who had reason to be dissatisfied with the prosecutor's conduct, had written similar documents to him. He contended that such letters as he had written were enclosed in envelopes and not upon open post cards, and that, therefore, he could not have been said to have published them, and stated that the whole matter would have ended if he had contented to pay the prosecutor 50l. for expenses, which he had declined to do, as the prosecutor already had a large amount of money belonging to him. He handed in certain letters to the Jury which were in his writing, requesting them to compare them with the documents which he denied writing.
GUILTY on the First Count only (the libel)— Judgment Respited.
FOURTH COURT.—Friday, August 10th, 1877.
635. FREDERICK OSBORNE (22), and GEORGE FREDERICK YOUNG (22) , Burglariously breaking and entering the dwelling-house of Joseph Fish, and stealing therein two brushes, half a pound of tobacco, and other goods, of the Royal Mail Steam Packet Company.
MR. CANDY conducted the Prosecution.
WILLIAM FRITH . I am house-keeper at 12, Moorgate Street, and sleep on the premises—on 15th June, about 4 a. m., I was in bed in a room at the top of the house—I heard a noise and got up and found Osborne standing at my bed-room door—I asked him what he had come to do—I then perceived
another man on the leads, whom I believe to be Young, but cannot swear to him—Osborne said "Stand back, or I will smash you," and rushed to the window—I seized him by the leg as he was getting out and some glass was broken—in order to secure the other man as well I let Osborne go and cried" Police!"—I had secured the house the previous night, but the top of this window was open.
Cross-examined by Osborne. You struck me on the ear with your fist.
Cross-examined by Young. I believe you are the man, as I "set you diligently" to see which way I could get at you.
GEORGE WILLIAM LUCAS . I am housekeeper at 14, Moorgate Street—I was aroused on this morning by my wife calling out "There is some one in the house"—I got up and heard the noise of the rushing of feet—I called "Police!"—I found the street door wide open—I saw some one in charge of the police at the top of the street—I examined the house and found some one had been in almost every room; the coats were removed from the pegs and laid on the table, the landing window on the third floor was wide open, and a square of glass had been cut out of the skylight—I also found a ladder which had been taken out of the passage and placed where the skylight was in the closet—I had fastened up the night before.
Cross-examined by Young. I did not miss any thing—I found two brushes which do not belong to us—I did not see the witness Moore outside—I saw a policeman near No. 18—we went to the police-station between 6 and 7 o'clock.
JOHN MOORE . I am a fish dealer, of New North Street—I was in Moorgate Street about 4.40 on the morning of 15th June, passing on my way to Billingsgate—I heard the smashing of glass—I stood still and saw Osborne run out of No. 14 with no hat or cap on—a man looked out at the window nest door and shouted "Police!" several times—I afterwards saw Young running with his hat in his hand, which he dropped, and I picked it up and gave it to a policeman.
Cross-examined by Young. I did not pursue you further, because you were too quick for me and the police were there—I did not know what was the matter when I saw the first man—I gave your hat to policeman No. 188 and No. 130 took you—I did not pick you out from others, you were the only man in the station.
JAMES COUTTS (City Policeman 130). I was on duty in Moorgate Street on 15th June, between 4.30 and 5 o'clock—I saw Young run from No. 14, and Osborne followed—I was about 200 yards away—Osborne had no hat on—I followed Young and took him to the station.
Cross-examined by Young. I saw you first near the Wool Exchange—a cabman said "You have got both of them"—I do not remember his saying that he saw both of you run—you were both locked up together.
ROBERT DELAMORE (City Policeman 117). I was on duty between 4.30 and 5 o'clock on 15th June in Bell Alley, Copthall Buildings—I saw Osborne run through Great Swan Alley into Bell Alley—I asked him what he was running for—he said "Nothing"—he had no hat or cap—I said "There is something wrong"—he said "You are wrong"—I followed him and on passing No. 14 the housekeeper said "That villain has just come out of my house"—I then took Osborne into custody, searched him, and found on him a silver stud.
Cross-examined by Osborne. You were stopped by a brewer's drayman—I did not knock your hat off.
Cross-examined by Young. I only saw Osborne run, not you.
SAMUEL BENNETT (City Policeman 35). I searched 18, Moorgate Street on 15th June, soon after 6 o'clock—I found the first floor back window open and marks of someone having passed in or out—this window leads on to a flat roof—in the first floor the top of a desk had been broken, on the next floor a square of glass had been removed—there was a lot of coats in a bundle in the office—I also found these two brushes.
JOSEPH FISH . I am a housekeeper employed by the Royal Mail Steam Packet Company at Nos. 16 and 18, Moorgate Street—I sleep on the premises—on coming down on this morning I saw the lower sash of the window thrown up, and I examined the premises—these brushes produced were brought to me, they belong to the company, and were on the premises on the night of the 14th.
Young's Defence. Moore said he heard the smashing of glass. There is no evidence that any glass was smashed, but that it was cut out. One witness says I ran first and another that I ran after, and there is no evidence to identify me as the man who ran out of the house at all, and no property was found upon me except a ledger and other articles, which I had when discharged from a ship, and which could serve no purpose in a burglary—I never saw the man I am charged with before, and I was simply walking along the street when the policeman asked me to walk with him, and I said I had no objection. I answered every question and told where I lodged.
PLEADED GUILTY— Eighteen Months' Imprisonment.
YOUNG— GUILTY — Twelve Months' Imprisonment.
636. THOMAS KELLY (17), JOHN LINCOLN (15), ELIZA LINCOLN (43), and WILLIAM WOOD (18) , Burglary breaking and entering the dwelling-house of James Edgar,' and stealing ten coats and other articles, his property.
MR. OPENDEIM conducted the Prosecution; and MR. PEBCIVAL defended Kelly.
JAMES EDGAR . I am a clothier, of 26, Great James' Street, Lisson Grove—on 23rd June I went to bed at 2.15 a.m., after seeing that all was secured—I got up at about 5.30 the same morning and found the window of my shop had been forced open and the place in disorder—I missed ten coats, five vests, and some corduroy trowsers—the property produced is mine—I found a pair of iron pliers inside the window—I had made the clothes for a customer.
SAMUEL BARNES (Policeman D 125). I was on duty in William Street, Lisson Grove, on 23rd June—I saw the three male prisoners carrying this hamper to 9, Devonshire Place; I followed; Lincoln and Kelly decamped—Wood took the hamper on to the leads at the back of the house——I went through the passage of No. 10, got the hamper, opened it and found the five jackets produced—I took Kelly and charged him with burglary—he said nothing.
Cross-examined. Kelly was in his militia uniform—he said he was going back to Aldershot as his leave expired that morning.
SAMUEL STEGGLES (Policeman H 334). On the morning of 24th June I saw John Lincoln with another lad in Uxbridge Road, Shepherd's Bush, walking towards Acton, carrying under his arm the coat he is now wearing—I crossed the road and went towards him, he ran away—I followed and caught him—he was wearing this coat and waistcoat and this silk hand kerchief (produced)—I asked him how he came by them—he said he won them at a raffle, at a rag-shop, at the corner of Devonshire Place—I found a handkerchief in his pocket which he said his mother bought for him the previous day.
SARAH BREWOOD . I live at 24, Holker Street, and am the wife of Frederick Brewood—I met Eliza Lincoln in Salisbury Street, carrying a parcel—she asked me to pledge it—I went with her to a pawnbrokers in Church Street, but waited outside with her and she gave the parcel to a woman to pawn—when the woman came out 1 gave Lincoln 4s. for the ticket and Lincoln gave the woman 6d.—I afterwards went to redeem the goods, and gave the ticket and 17s. 4 1/2 d. to the pawnbroker, who took the money and sent for a constable, who took me to the station.
JOHN HENRY MEASURE . I am assistant to Walter Knapp, a pawnbroker, of 33 and 34, Church Street, Edgware Road—I produce a coat and pair of trowsers, pledged with us on 23rd June, for 17s., in the name of Ann Alexander—the last witness came to our shop on 28th June for the articles—I took this ticket (produced) and 17s. and sent for a constable.
HENRY DAVIS (Policeman D 227). I took Eliza Lincoln on 28th June, in Exeter Street, and charged her with being concerned with others in receiving a coat and pair of trowsers, which were stolen on the 23rd, she made no answer.
JOHN ROBINSON (Policeman D 123). I took Wood on 31st July, at 9, Devonshire Place—he was in bed—I charged him with committing a burglary in St. James' Street—his father said "He is my son and I am as good a man as you, and before you take him out of this house I shall split your b-head open," and he pushed me—Wood then made for the window, but I caught him and took him to the station.
Kelly's Statement before the Magistrate: "I was stopped when I was going back to my regiment at Aldershot. I know nothing of the charge."Eliza Lincoln's statement was that she went to work in the morning, not having any of the property in her room, but on returning she found the police had been there. John Lincoln's statement was that he was looking for work when he was asked to help carry a hamper to Devonshire Place by two boys, one of whom gave him the coat, trowsers, and handkerchief. This statement he repeated in his defence.
Wood's Defence. I met two men who gave a man a bundle and followed them to Bell Yard and then went away. I knew nothing nothing about it.
KELLY— NOT GUILTY .
JOHN LINCOLN— GUILTY *— One Month in Newgate and Five Years' in a Reformatory.
ELIZA LINCOLN— GUILTY — Six Months' Imprisonment.
WOOD— GUILTY *— Eighteen Months' Imprisonment.
MR. OPENHEIM conducted the Prosecution; and MR. C. MATHEWS the Defence.
WILLIAM HODDON . I live at 40, Down Street, Soho—on Saturday, 21st July, I was in Old Compton Street at about 11.50 when the prisoner staggered against me three times—I said to him "You ought to go home like a decent man and not insult people in the street"—he said "You go borne or I will knock your head off"—he then flung me down—I had my hand in a sling—I missed my gold Albert and locket from my breast, which was quite safe before I saw the prisoner—I said when I got up "My Albert is gone"—I have seen is it since—I am sure the prisoner is the man.
Cross-examined. There were about 100 people about—I was near some shops—a crowd formed directly—the prisoner went away—I had drunk a quartern of gin at a public-house, or perhaps two or three, not more, and two pints of ale and a drink of water with my supper.
Re-examined. I was quite sober—I had seen ray Albert half a moment before I lost it.
GEORGE COOK . I am a joiner—I was in Old Compton Street on 21st July, about 12 p.m.—I saw a crowd and saw the prosecutor and prisoner fall together—the prisoner when on his knees was attempting to put an Albert in his left trowsers pocket, but he did not succeed—some one took hold of his left arm—I said "He has got your Albert"—I did not see any more.
Cross-examined. I was about three yards off—there were about 100 people there, all strangers to me.
Cross-examined. I have been to Mr. Fish, the prisoner's employer, who gate him an excellent character.
Re-examined. He looked as if he had been drinking—the prosecutor was sober—this piece of the Albert (produced) was brought to the station.
The Prisoner's Statement before the Magistrate, "I am innocent."
NOT GUILTY .
THIRD COURT. Saturday, August 11th, 1877,
MR. BESLEY conducted the Prosecution; MR. PURCELL appeared for Estra-brook, and Mr. Hunter for Baker.
JOSEPH PEEL . I am employed as a clerk, and live at King's Cross Road police-station—my brother is an inspector of police, G Division—on 16th June I went to 153, Fleet Street, and ascended to the top storey, where I found Estrabrook carrying on the business of a photographer—I had my likeness taken—Baker was in the room—I had known him before by working with him at Crosse and Black well's, 2l., Soho Square, about two years ago—when my photograph was finished Baker said he could show a better photo than mine and took from his breast pocket these two pictures, which he called "The Champagne Supper"—Estrabrook was in the room and saw Baker show the
photograph to me—I asked for a copy—nothing was said about price the—Estrabrook said "You shall have one," and he went into the dark room and fetched me one, and I paid Estrabrook 3s. 6d. for my photograph and the picture—I gave it to Inspector Peel the same night—I made an appointment to see Baker at his house, 34, Gray's Inn Road on 23rd June—I asked if he had any more pictures for me—he said "No," he could not get more on that occasion; he had been twice to Estrabrook and failed to get them but if he could get them the following week he was to let me know on the 29th—I did not get a note from him on the 29th, and on the 30th I called again at 34, Gray's Inn Road, and saw Baker, and he accompanied me to 153, Fleet Street—my brother had previously searched me—I went up with Baker to Estrabrook's room and had my photograph taken, this time with a false moustache with which Baker supplied me; I had no object whatever in it—Estrabrook took two pictures and I only wanted one of them—he told me I should have the two for 1s. 6d., and I paid him 1s. 6d. for the two—Baker asked Estrabrook for a picture for me—he said "I want one of those pictures I spoke to you about," which he called "20, 40, 60, and 80" and Estrabrook gave it me from a cupboard in the room; this is it (produced I paid Baker 1s. 6d. for it in a public-house next door; I received it in the studio—I went again on 7th July during which interval I had not seen the prisoners—I saw Baker at the street door of the studio in Fleet Street—my brother had previously searched me—I first accompanied Baker up to the "Irish Times" office, which is under the studio, and where he is employed to clean the windows—I stopped there a little while, when he advised me to go up to Estrabrook's room—I did so, and Estrabrook was there getting ready to go out—another gentleman was present, and when I saw I could not get the picture from Estrabrook I came downstairs and Baker went up and met Estrabrook at the door of the studio and said "Will you go and get me them pictures now?"—Estrabrook said he was in a hurry and could not go back, and after a little persuasion he yielded and fetched him a picture, which Baker handed to me coming downstairs—it was "The Champagne Supper" again, and I paid 3s. to Baker for it in a public-house next door—I handed the pictures over to my brother on the respective dates, probably an hour after.
Cross-examined by MR. PURCHLL. The first time I went into the place I was not searched by my brother—Estrabrook carried on business elsewhere before he came to Fleet Street—I had no reason for putting on the moustache, Baker supplied it—on one occasion Baker said to Estrabrook "1 must have the pictures."
Cross-examined by MR. HUNTER. I use the name of California Joe some-times—I was somewhere about California once—I knew Baker at Crosse Blackwell's—I have been to his house sometimes and with him to the King's Arms, Crown Street, Soho, and on one occasion to the Oxford Music Hall with him and my brother, the inspector—I do not know anything about my being at Mrs. Thomas' house and being turned out, because" I was beastly drunk—I believe Baker is employed at Ely Place—I daresay he works six days a week from morning till night—I believe Mrs. Baker is employed at 153, Fleet Street, to clean the offices, and on Saturday Baker goes to assist her-when I was at Crosse & Blackwell's I kept a photographic club—it is a usual thing—you may get your photograph taken for bringing customers—it is a legitimate business—I heard that Baker had a photographie club for Estrabrook—T was examined before the Magistrate—I
do not know that I said I went to Estrabrook's on the first occasion in consequence of instructions received—I said it was so on the second occasion—as a matter of fact I only went there on the first occasion to have my photograph taken, which I wanted for some friends—I only ordered two copies—on the third occasion I saw Estrabrook open the studio door as Baker got up on the landing—I cannot say how many stairs there might be.
SAMUEL LITHEL (City Detective Sergeant). On 14th July I received a warrant from Sir Thomas Dakin to take the prisoners in custody and to search the place at 153, Fleet Street, which I did in company with Taylor, of the City police and Inspector Latter—Baker was on the second floor when I went up, and I called him out and followed Estrabrook up, who was going up in front of me—when we got to the studio I told Estrabrook we were police officers—I said "I have a warrant to arrest you both, also another which authorises me to search these rooms"—I produced the warrants and read them both to them—they made no reply—Baker was then in his shirtsleeves—I directed Latter and Taylor to go downstairs with him to get his coat, which they did; whilst they were gone Estrabrook seemed very overcome, and he said "I am guilty of this 1"—I said "Now, I suppose you have got some of these negatives—you will save time if you get them"—He got up and was about to go his bedroom; I followed and said "I mean The Champagne Supper,' and 'The Four Ages'"—I went into the front room and be went to a cupboard, and amongst others he produced this negative of "The Champagne Supper"(produced)—I said "I want 'The Four Ages'"—he said he would give it me, and he went again to the same cupboard, and from another shelf produced a lot of negatives, amongst them this "The Four Ages "(produced)—by that time Baker had returned, and they were afterwards conveyed to the station by Latter and Taylor, and we then returned in company with Inspector Peel and searched the premises—I counted the negatives and Peel ticked them off—there were 150, all more or less obscene, some very bad—there were 375 actual printed photographs—the negative produced is a very fair specimen, as also the corresponding print—there is a negative also of this print but I have not got it—these twenty or thirty prints are specimens.
Cross-examined by MR. PURCELL. It was the 14th July I went to Fleet Street—I first of all spoke to Baker—he was cleaning the windows in "The Irish Times" office, and I followed Estrabrook upstairs—after the warrants were read I said he would save time if he got me the negatives—he said "I am guilty of this"—I cannot say whether the shop was carried on as a photographer's before Estrabrook came there—I know nothing to the contrary.
WILLIAM PEEL (Police Inspector G). Joseph Peel is my brother—before he left on the 30th June I searched him and he had no indecent photographs with him, and I saw none till he brought me them—on the 14th July I was present at the search—I heard Lithel's evidence at the police-court—the photographs produced are fair specimens—I have the greater portion of the negatives.
Cross-examined by MR. PURCELL. I was never at the premises in my life till I made the search—it may have been carried on as a photographer's for three or four years previously—I do not know that Estrabrook was there only for two years—I heard at the police-court that he carried on business at Tottenham Court Road.
The Prisoners received good characters.
ESTRA BROOK guilty of being in possession— Four Months' Imprisonment without hard labour.
BAKER— NOT GUILTY .
MR. OPPENHEIM conducted the Prosecution; and MR. PURCELL appeared for Skinner.
WILLIAM JOHN STILWELL . I keep the Royal Standard Tavern, Victoria Park Road—I went to bed about 1 o'clock on the morning of the 1st July, having previously left the place safe and bolted up; I had an iron safe in my place about 2 feet square, containing about 2l. worth of coppers which I leave there for the morning—I also had, in the same room as the safe, a coat—there were some cigars in the bar—I was roused about 2 o'clock by a police-constable, and 1 found the safe gone and my coat from behind the door and fifty cigars from the box—I had previously seen Robinson at my house, not often—X saw my coat and some of my cigars at the police-station on Monday morning—I also missed 6s. from the till and some postage stamps—I saw the iron-safe at the police-court—this is my frock coat (produced)—I identify these cigars (produced) as being the same kind as those in the box in my bar.
Cross-examined by Robinson. I believe you had been watching my house for a fortnight; you may have entered my house a dozen times or more.
MICHAEL FLINN (Policeman N 140). I observed the window and door of the Tavern, on the morning in question, which were open and I roused the last witness—I saw some marks on the window ledge, and the track of a barrow which I traced to 3, Margaret Street, South Hackney, and then to a work shed where I saw the barrow and measured the wheels and compared it with the track which corresponded—I saw Skinner and Allen come out of the front of the house at 7 o'clock in the morning, and Robinson from the back—Allen and Skinner were taken by three other officers—Robinson was also taken—I took no one—I was present when they were taken—J then searched the house and found the iron-safe which was produced at the police-court, and shown to Mr. Stilwell, who identified it as his—I also found the coat produced and cigars, and 30s, 6d. in bronze in this bag (produced and identified by prosecutor). In the front of the house I found one of these cigars and another in the yard where I found the barrow.
Cross-examined by MR. PURCELL. I saw Skinner come out of the house.
Cross-examined by Allen. I saw you and Skinner come out of the front, and Robinson out of the back, because the doors were open in a straight line.
Cross-examined by Robinson. I saw you at the back.
By MR. PUBCELL. Several persons live in the house.
THOMAS BANKS (Policeman N 59). On the 1st July, I was with some other officers near 3, Margaret Street, when 1 saw Skinner and Allen corns out of the front door—I took Allen to the station and searched him, and found 2s. 8d. in copper money—four cigars and this small bag.
Cross-examined by MR. PURCELL. I know several people live in that house, I saw several that morning.
Cross-examined by Robinson. When you came out of the front room into the kitchen you had your coat on—I didn't see your shirt or collar; you
had no bat—I didn't notice your shoes—when the detective said he wanted you I said "He lives here, he is a cabman," or something to that effect.
GEORGE CHAPMAN (Policeman). I was near 3, Margaret Street, on the morning in question, when I saw Allen leave the house first and Skinner follow him—I crossed over to Skinner and was going to speak to him, and before I could do so he made a rush back into the passage—I seized him and followed him through into the was house, when he seized me by the throat and pushed my head against the wall, and before I could take my truncheon out he struck me with this stick—I went upstairs, accompanied by Crisp, and found the iron safe on a table in the back room occupied by Skinner—the safe had been broken open and a small hole made and the three bolts shortened—I examined the cupboard in the room near the bed, where I found this coat and on the top of the fire, laid all ready for lighting, a lot of papers and pieces of these stamps which had been set light to—I also found these cigars in the cupboard and this hook (produced), which it is supposed is to pull up the window with.
By THE COURT. I knew it was Skinner's room, because he said so.
By MR. OPPENHEIM. I took Skinner to the station and searched him, and found on him 2s. 3d. in coppers, this pocket-book and five seamen's discharges in the name of Skinner (produced)—I afterwards went to the tavern and looked at the window; there were marks where this hook might have been put.
Cross-examined by MR. PURCELL. I gave an exact account before the Magistrate—when I saw Skinner come out I went across to him and said "Do you live here?"—then I could see that he went in—I went in after him—I laid hold of him by the collar—he made no complaint of my holding him in that manner—he seized me by the throat and pushed my head against the wall—I believe I said before the Magistrate that that was Skinner's room—I heard my deposition read over to me and I signed my name to it—I did not tell the clerk that he had left out that most important statement about Skinner—I said at the police-court that it was Skinner's room; it is not in the deposition—three parties live in the house.
Re-examined. Whether I omitted to say it or not at the police-court it is the fact that Skinner told me it was his room.
CHARLES CRISP (Policeman). On 1st July, between 6 and 7 o'clock, I was at the back of 3, Margaret Street, when I heard a cry of "Murder!" from police-constable Chapman, and I met Robinson at the back of No. 3, when I got over the wall and told him to stop—he said "I know nothing about the b——y safe"—I had not said anything to him about the safe before this—I took him back to the kitchen with Sergeant Banks and the other constable, and went into Skinner's room—there was a bed in the room, which I searched, and between the mattress and the bed I found this bag with 1l. 10s. 6d. in coppers in it.
Cross-examined by MR. PURCELL. I knew it was Skinner's room from what I heard.
Cross-examined by Robinson. You were dressed and had your hat on, and the coat you have now.
Allen's Defence. The property found I don't know anything about. I met a man at the door of the house in Margaret Street, and asked him to allow me to go to a place of convenience. He said he would. I was coming back when 1 met Skinner in the passage, and that is how I came to be found coming out of the house. It is well-known that I was never in the house before. I was never seen.
Robinson's Defence. Between 6 and 7 o'clock, on the morning of the 1st July, I was awoke by my wife in the front room, of 3, Margaret Street, South Hackney; I heard a scuffle in the passage. My wife said "What is this." I pulled off my night shirt and pulled on my trowsers and pulled the blind partly up, and saw the constable had Allen in the road. My wife said "There is a sergeant outside has got a man in custody." I put on this old coat without any shoes and stockings and went into the passage, and saw Crisp and Allen there, and Chapman was coming downstairs—the sergeant said "He is all right, he is a cab-driver, I know him." I went to put my things on and came back again, and as to going in the yard, I did not.
SKINNER was further charged with having been convicted of felony on the 1st November, 1867, to which he
PLEADED GUILTY— Fourteen Years' Penal Servitude
ALLEN and ROBINSON— Eighteen Months' Imprisonment each.
MR. OPPENHEIM conducted the Prosecution.
EMMA SPURDEN . I live at 53, Greenfield Street, Mile End, and am the wife of Henry Spurden—on the 9th July at about 6.15 in the evening the prisoner, who is my sister-in-law, came to my house with an infant in her arms, which she gave to my landlady—she said her husband went home and told her that I had said I would pull her wind-pipe out, and she pulled me down by the hair from off the stairs and dragged me along the passage, and I feel with my back against the room door in the passage and she threw the baby's sucking bottle in my eye-—it broke, and the sight of that eye is gone—she pulled me backwards and forwards and said come back you b-w-; I got up as well as I could and went to the hospital—what was left of my eye had to be removed—I did not provoke her in any way before she struck me, and I never threatened her.
Prisoner. She has threatened me several times—as she fell she fell on the bottle. (Broken bottle produced).
ANN FIELD . I am a widow and live at 53, Greenfield Street, where Emma Spurden lives—I came home on the 9th July and found prisoner and last witness standing in the passage—just as I got inside the passage the prisoner came to me and asked me to hold the baby, and she shoved it into my arms and went up to last witness and says "What are you going to say about me and Emma said "I have got nothing to say against you, what are you going to do?" the prisoner pulled her by the nose and then I ran out for assistance, and while I went out the blow must have been given—when I came back I see the blood flowing and said "For God's sake, Ann, leave her alone," and she took her baby and went away—I did not see the bottle used—I never heard the prosecutrix threaten the prisoner.
Cross-examined. The prosecutrix never threatened me—she certainly called me twice out of my name.
----(Policeman H 234). On the day in question 1 saw the prosecutrix in the street bleeding from the face—I took her to the hospital and went to 53, Greenfield Street and saw the prisoner outside opposite and took her into custody—I told her she would have to go to the station—she said she had been fighting with the prosecutrix, but did not hurt her eye.
Cross-examined. Ann Field told me at the police-station that she took the baby as she entered the house, and then the fighting ensued.
Prisoner's Statement before the Magistrate; "I am very sorry for her eye, I did not know it was done; She fell on the bottle. She struck me."
Prisoner's Defence. I am very sorry for what is done. Mrs. Field is the cause of the whole of it. She encourages men from their wives and women from their husbands.
NOT GUILTY .
MR. OPPENHEIM, for the prosecution, offered no evidence, the prosecutor having since gone to sea.
NOT GUILTY .
MR. OPPENHEIM conducted the Prosecution; and MR. PURCELL the Defence.
JOHN THOMAS . I live at Kent Villas, Lancaster Road, Barnet, and am a signal fitter—on Saturday night, the 14th July, a little before 12 o'clock, I was in the Euston Road, near the Midland Railway Terminus, when two persons came up to me—the prisoner was neither of the two—I walked on, and in the course of two or three minutes three more persons came up to me, amongst whom was the prisoner—they were talking and laughing—I had, before I met them, a watch in my pocket, which was taken from me—directly I missed it I caught hold of the prisoner—it was quietly taken—no malice whatever—I missed it whilst he was within 10 yards of me—nobody else was near me when I missed it—I had looked at it a few minutes before—I have not seen it since—I went after the* prisoner and asked him where my watch was—he made no response but struggled to get out of my hold—I took him to a policeman dose by.
Cross-examined. I had had a glass or two—I had been to the Victoria at the corner of King's Cross—I had got my wages and started from home at 5 o'clock—they were all together when they decamped—I did not go up to the prisoner and say "Were not you one of those men near me?"—I said "Where is my watch?"—I was as sober as I am now.
GEORGE BROMFIELD (Policeman Y 210). The prisoner was given into my custody—I told him the charge—he gave me his address, which I found to be correct, and he told me he was working at Maple's, Tottenham Court Road, which I also found to be correct—the prosecutor was sober.
NOT GUILTY .
MR. OPPENHEIM conducted the Prosecution; and MR. FOSTER appeared for Goffee.
ROBERT JESSE CHILLINGWORTH . I live at 53, Mare Street, Hackney—about 5 o'clock on the morning of 10th June—I was aroused by the police, and I observed my front drawing-room window open and one pane broken; it was closed when I went to bed—I went to the police-station and there saw the articles produced, which are mine—O'Neil was at the station when I identified them.
it—there was then no pane of glass broken—the articles produced were on a chair in the room.
CHARLES STRINGER . I live at 17, Dove Row, and am a florist—I was in Mare Street on the morning in question and saw both the prisoners at the prosecutor's gateway and the boy not in custody—I got a policeman—they went towards Ash Grove.
Cross-examined. I never saw Goffee before that I know of.
CHARLES MIDDLETON (Policeman N 157). I was going towards Mare Street, at about 4.15 on Sunday morning, with the last witness, when I saw the two prisoners coming from the front garden gate of the prosecutor—a short boy of about twenty was with them; he beckoned to the prisoners and walked away—I called out to a sergeant who was coming up the road to stop Goffee, as he looked rather bulky—when they saw two constables in front of them they turned round and faced me, and I let Goffeerun by, but caught O'Neil and we had a little struggle in the road—he said "God blind me, you havn't got me to the station yet"—with the assistance of the sergeant I got him to the station—on the way he said to the last witness he would have his b-y liver out, or words to that effect—when he got to the station he made a rush at the last witness, which was prevented by the sergeant and myself—Goffee was apprehended four days afterwards—at the station be said "You have got the cheese, but you have not bit it yet."
Cross-examined. Goffee was a stranger to me.
JOSEPH BRAFFER (Policeman N 46). About 4.15 on the morning in question I was near the prosecutor's house when I saw both the prisoners—O'Neil was standing with his back towards the garden and Goffee standing opposite him—I saw a short person beckoning towards the prisoners and they made towards the last witness—I followed and sung out to Goffee and I fell and Goffee got away—at the station this petticoat (produced) was found on O'Neil; he had his arms through it and his coat and trowsers buttoned over it—he made use of threats—I afterwards took Goffee; he went quietly, but his friends tried all they could to baffle us.
Cross-examined. I saw Goffee twice that morning, but never before—when I first spoke to him he was standing on the side of the kerb and O'Neil in the road; that was at 2 o'clock in the morning.
GUILTY . Goffee was further charged with having been previously convicted of felony, to which he
O'NEIL— Twelve Monthy Imprisonment.
GOFFEE— Eighteen Months' Imprisonment
NEW COURT. Saturday, August 11th, 1877.
Before Mr. Recorder.
MR. LILLEY conducted the Prosecution.
THOMAS WILLIAMS . I live in King Street, New Gravel Lane—on 11th July, I was at Buck master's dining-rooms, in Lower Thames Street, with others—I had some fish which I had brought in a pocket handkerchief—I
untied it and laid the fish on the counter—the prisoner then came in with two sticks and moved about like a conjurer—he snatched my handkerchief, but I retained possession of one end—he said it was his and I said it was mine—we struggled and fell on the floor—in getting up, the prisoner bit a portion of my left ear off—I cried out "He has bitten a portion of my ear off"—the prisoner ran off, but was stopped and taken to the station, and I went and charged him, after going to the surgeon's and having the wound cauterised and dressed—I suffered much pain for several days, I never interfered with the prisoner—a lad brought the piece of my ear to the station.
Cross-examined by the Prisoner. There were others with you—you did not call for beer—I did not take a handkerchief out of your pocket and past it to another, nor use a vulgar expression.
JAMES CLEARY . I live in King Street, Southwark, I was with Williams, on the 11th July, and saw the struggle; I did not notice what the prisoner was saying—the prosecutor tried to persuade him to let go for two or three minutes—a struggle ensued and both fell to the ground—when the prosecutor got up he said part of his ear was bitten off—it bled very much, I followed the prisoner till I met a constable who was sent by Mr. Buckmaster, and he was taken to the station.
Cross-examined. I did not see you bite—I heard you accuse the prosecutor of taking your handkerchief and say "You were not sharp enough that time."
SAMUEL BUCKMASTER . I am the landlord of these dining-rooms in Lower Thames Street, I was at the bar between 7 and 8 p.m., on 11th July—the prisoner came in with two sticks and commenced recitations—I said "I do not allow anything of that sort here"—I saw the struggle for the handkerchief—the prosecutor and the prisoner fell on the ground—the prosecutor said "He has bitten my ear off," and the place was like a slaughter house for blood—I went for a constable and followed the prisoner up Harp Lane—Cleary was alongside of him—he was taken into custody and said the men had interfered with him and robbed him of 15s.—he did not call for beer, I should not have served him if he had.
Cross-examined. It all occurred in a few minutes, and there was no time for argument.
Re-examined. No one interfered with the prisoner.
RICHARD PARISH (City Policeman 825). I took the prisoner into custody—he said he had been robbed of 15s. and his handkerchief; I found this handkerchief on him and gave it to the prosecutor, and the prosecutor gave one to the prisoner which the prisoner said was his—a lad brought in a part of his ear which I have preserved in spirits.
CHARLES HENRY TAYLOR . I am a telegraph boy employed by the port office—I was at Buckmaster's dining-room on 11th July, between 7 and 8 p.m., I heard the prosecutor say "He has bitten my ear off"—I saw the prisoner come out with two sticks—one of my fellow messengers said "You have dropped your pencils"—the prisoner said he did not want the pencils, he wanted to get away—one of the lads picked up a piece of the ear, I gave it to the constable.
FREDERICK WILLIAM HUMPHREYS . I am a surgeon, of Trinity Square—on the evening of the 11th July I examined the prosecutor, who was bleeding profusely from the ear—I found a lacerated wound such as would be inflicted by the teeth—I cauterised and dressed it.
Prisoner's Defence. I suffer from rheumatism and disease of the heart—
I went to the place to have half a pint of beer, when the prosecutor began to make fun of me on my conversing with a man that the prosecutor says I was reciting to. The prosecutor put his hand in my pocket and took my handkerchief—I said "You were not sharp enough that time," and insisted on his giving it me back. He struck me on the nose and cut it; they tried to put me out; I struggled, and we fell. I lost 155. 3 1/2 d., which was all I had. I received a violent blow on the head, and I remember no more. When I recovered my senses I was lying on the floor, and all were standing round me. I got up and walked out. One man said "It was only a lark you old fool." I went away, but was watched and given in charge. It is a public-house row. I have been twenty-eight years at sea and never had a row before in my life or a bad discharge. Whoever bit the prosecutor was of unsound mind.
S. BUCKMASTER (re-called). The story told by the prisoner is false.—there was not time for what he says to have taken place—he was under the influence of drink—he ran 100 yards before a minute elapsed, and he says he is lame.
GUILTY — Twelve Months' Imprisonment.
MR. SCOTT conducted the Prosecution.
JAMES WAYNE . I am a labourer employed at the powder mills, Hounslow—on the night of the 30th June I was opposite the Lion and Lamb public-house, Hounslow—the prisoner was lying outside and appeared to be in a fit—I—went in to have some beer and when I came out the prisoner was behaving indecently, and I told them to go away as there were children round—she struck me in the cheek with a knife and made it bleed—I saw the knife after it occurred—she dropped it—I went to Mr. Douglas—the prisoner is a stranger to me—we had no quarrel—she said "That it what I meant to do."
Cross-examined by the Prisoner. I did not see you in the public house—you said afterwards "I meant it for the soldier."
HABRY SHIPMAN . I am a private in the 21st Hussars—I was at this public-house on this Saturday night—nothing occurred inside, but on coming out I talked to Private Chisholme, and the prisoner struck at me with a knife—I rushed back and it caught the prosecutor in the face—she said to me "That is what I meant for you"—I had no quarrel with her, and did not attempt to pick her pocket.
THOMAS CHISHOLME . I am a private in the 21st Hussars—Shipman called me across the road to speak to me—we stood talking—I saw the prisoner strike the prosecutor with a knife—I do not know who the blow was meant for—I saw the knife.
Cross-examined by the Prisoner. I was not in the public-house with the other soldier.
Cross-examined by the Prisoner. You did not go quietly—you said "But for a policeman people could not walk the streets."
The Prisoner's Statement before the Magistrate."I struck the young man with my bag, not with a knife. I never saw the knife before the policeman showed it to me in the police-station."
Prisoner's. Defence. As we were talking inside the Lion and Lamb public-house I felt the soldier's hand in my pocket I asked km why he did it and a row commenced. I never had the knife.
GUILTY of unlawfully wounding— Eight Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution; and MESSRS. BESLEY and Warner Sleigh the Defence.
WILLIAM JOSEPH WAIN . I live at 22, Sussex Road, Holloway—I am a warehouseman, employed by Mr. Charle Montagu, trading as the India Rubber Company—German firm, called the Rhenish Vulcanite Company, manufacture goods for us-in June last they sent us two new sample of combs like these produced and a written order was sent—I afterwards received this invoice of five casses and the five cases arrived on 25th June at our place—on the following morning Briars, a packman in our employment, made a communication to me, and I found that one box was missing—the four remaining boxes contained combs similar to the samples; a dozen combs were packed in each paper box, and there were six paper boxes in a Packet—I checked the invoices with the goods—I gave information to the police—on 5th July some combs were shown to me similar to these produced and corresponding exactly with the samples that were sent to me and with the combs in the four boxes—these combs could not be bough anywhere in London up to the day of the the prisoner's apprehension—I had not sold any of the combs before the 5th July—I was afterwards shown fifty-eight dozen and seven combs by Dective Davies, which corresponded with these combs, and were marked with our label—the value would be about 5l.—the five cases were marked 718 to 722 and J. H. M in a diamond—the missing case was 722.
Cross-examined. I manage this particular department of Mr. Montagu's. business—there are six departments—the German house-has no representative in London—I cannot fix the precise time when the samples were submitted to me by the German company, who employ about 300 hands—the numbers of the cases are marked in the invoices which were sent to me—I compared the invoices and the bill of lading when the packages came from the Great Eastern Railway Company to see if the marks and numbers were correct—cases are always unpacked in the basement and only goods are sent up—the four cases were unpacked on the 25th before Briars told me anything—the empties are sent back—I am sure we had a correct delivery—I took down the marks on the remaining four cases—I have dealt with this German house for some years and never knew an error either in short of over delivery—the missing case had not been opened.
Re-examined. I compared the marks of all the five cases with the invoices when they were delivered.
WALTER BRIARS . I am employed by Messrs. Charles Montagu and co. as a packer—five cases arrived in 25th June, about dinner time, unarked "J. H. M." in a diamond and numbered 718 to 722-about 3 o'clock I went to unpack them and missed one of the cases about 5 o'clock numbered 722, and which was about 3 feet by 2 1/2 feet, or half the size of the others—I told Wain of it—the goods I unpacked were put in the lift and taken upstairs.
Cross-examined. The cases were left on the pavement for about an hour and a half till we had room downstairs—Wain was at the top of the house; afterwards he went to dinner—I was about most of the time—I unpackedthem
in the basement and sent the goods to Wain, who received them at the top of the house—I had unpacked three cases by four o'clock—I did not give information till the next morning when Wain got the invoice to refresh his memory—I had taken down the number of the case—Wain checked the goods of the four cases with the invoice with me; that was not done on the day I took in the case.
Re-examined. That is it was not done in my presence—the cases may have been checked off—I began to unpack about 3 o'clock, went to my dinner and missed the 5th case about 4 o'clock. '
MARY ANN POND . I am the wife of James Pond, a City constable—on 29th June I purchased this comb at the prisoner's stall opposite his shop—it is marked "B"—I purchased two more combs on 3rd July; I gave them to my husband—there were similar combs on the stall—I paid 1d. for one and 1 1/2 d. each for the two others.
Cross-examined. The stall as well as the shop is filled with all sorts of goods—this photograph is correct—between the first and second floor windews are the words "Draper, hosier, general job buyer, soiled and damaged stocks bought to any amount for cash"—the shop has been there as long as remember—they call out the articles and the prices—I went between 11 and 12 o'clock in the morning—there was a large number of people-tny husband saw the first comb I had bought accidentally and sent me for the others—I also went on the Wednesday evening—they were not calling out then—I asked the prices—I saw the prisoner's sister—the prisoner was there the other times—I did not see him then—he is shown in this photograph in his shirt sleeves.
Re-examined. I have seen white and coloured handkerchiefs on the stalk but not silk.
JAMES POND (City Detective), I am the husband of the last witness—I received information of the loss of these combs—I saw some combs as I was passing this stall on the 4th July, and gave my wife certain directions—she afterwards showed me two combs, and I told her to buy some of different patterns—on the 5th July I went with Davies to Bowling's shop, and was placed with another officer at the door while Davies went in—I saw something given to a young woman inside, which she brought outside—I stopped her—she had a cardboard box in her apron—it was opened and found to contain 24 dozen silk handkerchiefs.
Cross-examined. The woman was Mrs. Parish, an assistant—the stall was j then covered with tarpaulmg because of the rain—she said she was bringing things to put on the stall—I searched the premises-there was 600l. or 700l. worth-of miscellaneous goods there.
Re-examined. I went with Davies into the shop and he went upstairs—I did not see where they got the box from.
JOHN DAVIES (City Detective). I received information of the robbery at Messrs Montages-Pond showed me some combs—I went with Pond and Daley to the prisoner's shop about 3 p.m.—it had been raining, but was then fine—I posted Pond and Daley outside and went in and searched—I went upstairs and in the drawing-room on the first floor found underneath an arm chair in a corner of the room, out of sight, fifty-eight boxes of these combs-brought them downstairs—I had seen the samples—I saw a girl behind the counter hand a paper box to a woman whom I found was named Parish—I saw Pond and Daley at the door—I waited till 6 o'clock when the prisoner came in I told him I was a detective, and pointing to the
combs said 'These combs have been stolen, do you wish to give any account of them—he said "No, I do not"—I then took him into custody for stealing the combs—I then called his attention to the handkerchiefs, which were like the property of Mr. Spall—the box contained 24 dozen—I had received, on 8th February, information from Mr. Spall, a silk mercer, in Cheapside, and a sample handkerchief, with which these corresponded—I said "Do you wish to give any account of these handkerchiefs?"—he said "No"—I said "Then I shall charge you with stealing and receiving these handkerchiefs from Mr. Spall's premises, of 120, Cheapside"—he said "All right"—he then said "The combs I bought over the counter"—I said "Do you know who you bought them from"—he said "I do not," and he said "The handkerchiefs I have had for six months in my possession"—I said "Have you any bills or invoices to show me you purchased these goods?"—he said "No, I have not, I never had," and "One of your men called a week ago and warned me about the combs"—I took him to Bow Lane police-station.
Cross-examined. Mrs. Bowling objected at first to my going upstairs—she said "You shan't go"—I said if she did not give me leave I should go without—I said at the police-court "I asked the wife's permission to go upstairs, and I told her I was a police officer and she permitted me to go up"—that is true—I consulted with Mr. Gresham before giving my evidence—he said it was not necessary for me to mention that the wife objected to ray going upstairs, as it was no evidence against the prisoner—the girl, or Mrs. Parish, or Mrs. Bowling said "Come up in the drawing-room"—I think it was Mrs. Bowling—I saw some clocks—I should have taken them away if I had not been shown an invoice for them—I was there about twenty minutes after the prisoner came in—the invoices were shown to me while the prisoner was in my custody there and then—they were on a file—he told me he never had a bill—the word "Drawing-room" was not mentioned in the presence of the prisoner—the room was full of goods—I used the' word "stolen"—I cannot say why it is not in the deposition.
Cross-examined. The room on the first floor was furnished like a drawing-room.
WILLIAM THOMAS . I am a warehouseman at Messrs. Spall, silk agents, in Cheapside—we received a consignment of 142 dozen of handkerchiefs from Messrs. Pownall, of Macclesfield—they were safe on February 2nd, and on 6th I missed eighty dozen similar to those produced—I gave information to the police and a sample of the handkerchiefs—these handkerchiefs are not sold in London or even in England, they are for the foreign trade—the value of the twenty-four dozen is 16 guineas.
Cross-examined. These produced are the same pattern, not the colour—I have produced the stock-book—I do not see any entry of these handkerchiefs for 1872, the first delivery was the 28th May, 1875, of ten dozen; then we got in, on July 20, thirty-one dozen, &c. (Reading a number of entries)—I have to do with stock taking—there was no deficiency of stock in January, 1876, to my knowledge—during 1876 the quantities are about the same, and in January, 1877, the stock was correct—we only supply foreign agents, not for cash, but through the London agency—we sold to six or seven different persons in 1876—none of these have become bankrupt to my knowledge—I should not know if they had paid their bill, if they did become bankrupt—I have not a list of them, I only received notice to produce that on Friday—there is no particular mark on these handkerchiefs, only the pattern.
Re-examined. I should have known, I think, if either of the six or seven houses we supply had become bankrupt or liquidated.
WILLIAM CARNES POWNALL . I am one of the firm of Pownall and Sons, silk manufacturers, of Macclesfield—these handkerchiefs are our manufacture—we only supplied Messrs. Spall, of 120, Cheapside, with that class of goods.
Cross-examined. I cannot give you the quantity we manufacture every year—the patterns vary in point of date—I cannot give you the date of this pattern—we do not keep patterns running—these goods have been made this year, before February, or in December of last year—the delivery might have been in February—I am sure they were not made so late as May.
ROBERT CHILDS (City Detective). I went to Bowling's on 12th or 13th June, and saw Bowling and his wife—I said "I called to ask if you have had any lady's silk handkerchiefs or scarfs offered to you"—he said "No, what sort are they?"—I showed him the samples which I had obtained from Mr. Spall's—I had received information of the robbery—I said "These are as near the goods as I can obtain samples, but I cannot say anything about the colours"—he said "How many have you lost?"—I said "We have had two robberies; the first was two or three months ago, when we lost eighty dozen; we recently had another robbery and lost between 100 and 200 dozen"—he said "Well, I buy job lots sometimes; I might see something of them"—I said "They are quite new and in good condition, or were so"—he said "If I see anything of them I will let you know"—I said "Thank you, I wish you would," and gave him my card with my official address in Old Jewry—I never heard from him.
Cross-examined. I showed the prisoner these six handkerchiefs—I do not recollect his saying "I might, by chance, see something of them."
Re-examined. I was told at the warehouse that that particular colour was all gone—the sample was of the pattern and quality.
WILLIAM JOSEPH WAIN (re-examined). The price of the small combs was about 2d. or 3d. each retail, or Us. 6d. per gross wholesale, and the larger id. each, our wholesale price being 28s. 6d. per gross.
EDMUND SPALL . I am a silk agent—I gave information to the police of this robbery, and also the samples—we never sell single handkerchiefs-one of the handkerchiefs produced is the exact pattern—I could not say without my ledger how many houses we supply; it might be ten or twelve—I do not know that either of them have become bankrupt or liquidated.
Cross-examined. The samples were sent to Bow Lane police-station.
Witnesses for the Defence.
HENRY ROTHSCHILD . I live at 8, Court Street, Mile End, and am a job buyer and general dealer—I have known Mr. Bowling twelve or thirteen years—I buy job lots of goods, but very seldom give receipts—I have traded with the prisoner about twelve years—our transactions have amounted to hundreds of pounds—I never gave him a receipt.
Cross-examined. I keep no shop; I buy from large warehouses and shops—I bought 600 dozen bonnets this last month in Wood Street; I gave no receipt; they gave me one—the prisoner has kept a shop six or seven years in Whitecross Street—I never knew him going about the streets selling live birds; this is the first time I have heard of it.
Re-examined. I have been present when Bowling has bought goods, and
be has paid cash and taken no receipt—I have never seen him receive a receipt.
JAMES FIELD . I am a draper and job buyer, of Haberdasher Street, Hoxton—I have no shop—I have had transactions with the prisoner amounting to scores of pounds—he paid cash, and took no receipts—I have known him three years.
Cross-examined. I have sold the prisoner lace and silk goods, as much as 20l. worth, about two years back, and 13l. or 14l. last Christmas—I cannot give you the dates—he made no inquiry and took no receipts—I have given him receipts before the 20l. transaction—I only gave them when asked for.
Re-examined. I have sold to others without giving receipts.
Cross-examined. I never pay for goods by pawning them, I know the Admiral Carter public-house, in Bartholomew Close—it is not my office—it never was; I have pawned goods obtained on credit, not often, I do not know Dickey, or any name like it.
Re-examined. I may have pledged a piece of silk worth 20l. if I required the money—the person from whom I bought has never suffered—I have sold the silk while it was in pawn, from the pattern.
GEORGE TENNIS WOOD . I live at 47, Blackman Street, Borough, I have dealt with Bowling for five years to the extent of about 5,000l., in small transactions of 1l. or 2l.—I have not given him a receipt—I have been at his premises, but have not seen him buy over the counter.
ALFRED JAMES DUNN . I come from Messrs. Parson and Co., of St. Paul's Churchyard—I have known Bowling four years—our firm have had transactions with him to the extent of 1,855l. in that time—he has bought when we were clearing out.
Cross-examined. He always received receipts.
Re-examined. It is our custom to give receipts.
BURT WHITE . I am employed by Mr. Cliff, of 534, New Oxford Street—I remember Bowling as a customer for five years—we have sold him goods; allowing him large discounts—he always had receipts—I did not go to his place and sell over his counter.
THOMAS EDRIDGE . I am employed by Messrs. Rotherham and Co., of 86, Shoreditch—I have known the prisoner as a customer four years; I cannot give you the amounts, but they are stated in the invoices produced—he always had a receipt—it is not unusual for men like Bowling, to buy goods without taking receipts.
have sold him goods for cash and not taken receipts—that is the rule amongst job buyers.
Cross examined. I have sold him from 4l. to 11l. worth of goods without taking receipts, at my own place—about eighteen months' ago the amount was 11l.
Re-examined. It is not usual to give receipts when we know the people.
GEORGE ELLIOT FRAMPTON . I represent Messrs. Higgins and Co. of Birmingham, Liverpool, Manchester, and Cannon Street, London—we art now offering to the trade, goods at a discount of 77 3/4 per cent, and also special job lots, the stock of a man who committed suicide at Birmingham.
Cross-examined. They are goods which are out of fashion—we give receipts—I do not know the custom of job buyers.
JAMES ALFRED SERGEANT . I am an accountant, of Maida Vale—I was employed by Messrs. Chapman and Co. to look over Bowling's stock—my attention has been drawn to the invoices—in 1877 the total purchases have been 1,343l. 8s. 10 1/2 d.; in 1876 they were 2,571l. 7s. 9d.; 1875, 3,097l. 5s. 7d.; 1874, 2,209l. 12s. 10 1/2 d.—I did not find day ledger or daybook—Bowling is scarcely able to write—I took the value of the stock from the vouchers.
OWEN DALEY (City Policeman 193). I went to Bowling's premises with Davies—it had been raining, and the stall was covered with tarpaulin—I saw Mrs. Parish coming out, carrying a box—I asked her what she had and she said "Some goods I am going to expose for sale on the stall"—she said the goods had been taken in that morning because it rained.
Cross-examined. I had information of the robbery in the usual way—no sample handkerchief was handed to me—did not see Pond stop Mrs. Parish—it was not raining then, but had been.
JANE EDWARDS . I am sixteen years of age, and am Mr. Bowling's sister—I have been his assistant about three years—I have not been in the shop while he bought anything—I gave the goods to Mrs. Parish to put on the stall, which had been covered with tarpaulin because of the rain, and I had taken in the goods—Mr. Bowling was there every day.
Cross-examined. Mrs. Bowling was upstairs when Mrs. Parish took out the handkerchiefs—the handkerchiefs and the combs had been on the stall every day for some time; I cannot say when they were bought—when the policeman came I asked if he might go upstairs and Mrs. Bowling said "Yes."
The Prisoner received a good character.
GUILTY of receiving—Eighteen Months' Imprisonment ,
OLD COURT.—Monday, August 13th, 1877.
Before Mr. Recorder.
Upon MR. BESLEY'S opening, THE COURT considered that an endorsement to a bank note would not give it any additional value, upon which Mr. Besley withdrew from the Prosecution.
NOT GUILTY .
MR. BESLEY conducted the Prosecution; MR. HORACE AVOKY appeared for Ketcher, and MR. WARNER SLEIGH for Eldon.
CHARLES BRYER BAKER . I am landlord of Dick's Hotel, Fleet Street—on 24th July Mr. Thompson came in with the two prisoners between 4 o'clock and 4.30 p.m.—they sat down in front of the bar and were supplied with about 3s. worth of brandy and water, and port wine—I saw Mr. Thompson showing some notes to the prisoners and he tore one note up—part of it fell down on the bar floor and Ketcher picked the piece up and gave it back to him—the other pieces were in Thompson's hand—when he tore it up he simply asked the prisoners whether they wanted any money, they made no reply, and he put the pieces in his pocket—it is not true that he made either of them a present of any note—they both told me that he had a large amount of money in his possession, and asked me to take care of it; I refused; the amount was not mentioned—before I wont upstairs I gave directions to my barman.
Cross-examined by MR. H. AVORY. I had seen Mr. Thompson at my house three or four times before, but not with the prisoners—when I last saw him he was so intoxicated that I thought it necessary to tell my barman not to give him any more drink—he was kissing Ketcher and putting his arm round their Decks, and calling them his dearly beloved boys, and was patting Ketcher on the face; that was a common occurrence; I have seen him acting in an in sane way before; he was not intoxicated when he did that, he perfectly knew what he was about—he did not say anything when he tore the note up; he tore it in three—he had the others in his hand at the same time, loose.
Cross-examined by MR. W. SLEIGH. A third person was in their company, he saw it all—he informed me that he was Mr. Thomson's shirt maker—before Thomson tore up the note I think he said to Ketcher "Do you want any money, my boy?"—I do not know whether he said "Very well then, I shall tear it up."
Re-examined. They all four came in together, and Thomson treated the shirtmaker also; he called them all his darling boys—he was familiar with the shirtmaker as well—he had been there three or four times in a month. '
THOMAS SMITH . I was barman at the Horseshoe and Magpie—on 24th July, at 6.30, Mr. Thomson came in with the, two prisoners—half a bottle of seltzer and three fours of brandy were called for—they stayed three quarters of an hour—I watched them, thinking something was wrong—Mr. Thomson was sitting between the two; he kissed them and called them "dear ones," once or twice—I saw him take his ring off and give it to Eldon, who put it on his finger and then returned it to Thomson and told him to take care of it—Thomson then pulled out a watch and showed it to them and put it in his pocket again, and then called for three fours of brandy again—Thomson paid 1s. 2d. for the first supply and 1s. for the second—I still watched—Eldon left first and Thomson and Ketcher went out after—I asked my mistress' permission, and followed them to the Falcon public house, where I saw Day—I did not see Eldon again.
Cross-examined by MR. AVORY. I did not see Thomson flourishing any notes at the Horseshoe.
CHARLES DAY (City Policeman 510). On 24th July, at 7.15 p.m., I was near the Falcon in Gough Square, and saw Thomson at the door with Ketcher, who had a glass in his hand—Ketcher saw me, held up the glass, and beckoned me to come and have some drink—I shook my head and walked on, but still watched, and saw Ketcher walk away with Thorn
son—they were not helping one another—I followed them to Peele'a coffee. house, Fleet Street—I waited ten minutes—Sergeant Batchelor came up and I made a communication to him—Ketcher and Thomson came out of Peele's, and Ketcher called a Hansom while Thomson stood by the doorpost—Batchelor then asked Ketcher what he was going to do—he said he was going to see the gentleman home, he had been with him since 12 o'clock—I took Thomson to Bridewell Station; I saw nothing of Eldon.
JOHN BATCHELOR (City Police Sergeant). On 24th July, Day spoke to me, and I went after him to Peele's coffee-house—I went in and saw Thomson, the two prisoners, and a third man, standing at a bar at the opposite side of the house—I am sure Eldon was there—after waiting some minutes Ketcher came to the door and hailed a Hansom—Eldon and Thomson then came to the door and stood till the cab came up—Ketcher then took hold of Thomson's arm and wanted to put him into the cab—I asked him what he was going to do with Thomson; he said he was a friend of his and had been with him all the afternoon, and he was going to take him home—I asked him where to—he said to Fentiman Road, Kennington—I told him Thomson did not live there and I should not allow him to take him away—I asked Thomson if he knew Ketcher, he said "No"—I asked him if he had lost anything, he said "No"—I asked him if he would look and see if he had lost anything; he said no, he knew he had not—I asked him if he had a bag in his possession; he said "No"—I told Day to take him to the station and charge him with being drunk and incapable—I followed behind, and Ketcher came up to me and said, "That is right, sergeant, take care of him for he has a lot of money in his possession, 1,400l. or 1,500l."
Cross-examined by MR. AVORY. I do not know Fentiman Road—I do not know it used to be called Oxford Terrace—I did not know Thomson when he lived there—I have known him some time, and have had to take him to the station twice; one time was four months ago—he is usually very silly when he is drunk.
Cross-examined by MR. W. SLEIGH. When the Hansom was called, Thomson was leaning against the door, and Eldon was standing close by his side—Day was standing at the corner of Fetter Lane in such a position that he could see Thomson leaning against the door—Day did not tell me how many men he had followed from the Falcon—when Thomson was leaning against the door I am sure Eldon was there.
JOHN THOMSON . I live at 171, Holland Road, Kensington—on 24th July I bad two 100l. notes, four 5l. notes, and a 10l. note, and some silver, and, I think, 1l. besides—I have known Ketcher some time through visiting public-houses—I have seen him at the Mitre Tavern, Chancery Lane, and I have seen Eldon before—I met them in the Mitre that day when I went in with a friend, who is a shirt manufacturer, and they said "Halloa Thompson! what are you going to stand?"—I paid for some drink there, and we all went to Dick's Tavern, Fleet Street, where we had some drink; I had port wine I took out some notes there and said "I have plenty of money," I tore of the 100l. notes in three pieces, one piece fell on the floor, one of them picked it up and gave it me—I put the two pieces in my pocket and put the fragment with the other notes—the 100l. note, which was not torn, I put in my breast pocket—after we went to the Horseshoe, I was sitting between the prisoners, got chaffing, and they said, Thompson, you have plenty on money—I said I have—they said you have a 100l. note in your breast:
pocket—I said I have—they said let us look at it—I said "Here" and took it out and put it back, and I did not see it again till I went to the Bank of England—I did not take it from my pocket after that—I did not give a 100l. note to either of the prisoners, or ask them to take care of it—at the Horseshoe I had occasion to go out, and Ketcher said I will go with you; he took me to one or two other places and finished at Peele's Coffee-house, where 1 had brandy and water—I think Eldon was there, but 1 am not positive—a cab was sent for and Ketcher said, Thomson, I will see you home, you live in Fentiman Road way—I said "I shall not go in a cab as I have my ticket in my pocket for Kensington," my house is opposite Addison Road Station—I was taken to the police-station, and between 10 and 11 o'clock I missed the 100l. note—I was let out before 12 o'clock, took a cab and went home—I had the numbers of the notes at home, and next day, soon as banking hours began, I went to the Bank of England and stopped the note—this note (produced) is the one I tore in three pieces—I have adhesived it together, and this is the other note, No. 8,1222, which I stopped—I had left the Bank before the prisoners arrived—this is not my writing on the back of the note—I did not give either of them authority to put my name on it, or to deal with it at all.
Cross-examined by MR. AVORY. I remember all the places I went to, but I had been drinking in all of them—I recollect kissing the prisoners in Dick's and calling them dear boys—I may have put my arms round their necks—I have seen them both for years, but I did not know their names—I don't recollect Sergeant Batchelor asking me whether I knew Ketcher—I remember tearing up the 100l. note—I did that, thinking it would be safe—I did not fling a piece on the floor, it dropped; I knew what I was about—I have torn up notes like that before—I put the other 100l. note in my breast pocket, as I thought it would be better not to have all my eggs in one basket—I remember taking my ring off and giving it to Eldon—I did not mean to make him a present of it—he said "What a nice ring you have on"—I said "Yes, look here," and put it on his finger—I also pulled out my watch—I was not quite drunk, if I was, why did 1 not go in the cab?—I got out at the Temple Station, and I think, the first place I took refreshment at was the Mitre—Fentiman Road used to be called Oxford Terrace, and I used to live there.
Cross-examined by MR. SLEIGH. It was about 6 o'clock, when I took out my watch at the Horseshoe and Magpie—I was then between the prisoners—Eldon left after that—he said "I'm off," or something like that—I remained with Ketcher half an hour after that in the Horseshoe and Magpie—there was no third person—Ketcher and I were alone at Peele's coffee-house, I did not see Eldon there—I was a little lively, but I remember what took place—I went outside when Ketcher called the cab—I remember Day and Batchelor coming up—I was then on the pavement at the corner of Fetter Lane, not leaning against the door of the public-house, but standing with Ketcher and the two policeman—I did not see Eldon on the pavement, and to the best of my belief he was not at the bar at Peele's.
Re-examined. Eldon left me at the Horseshoe and Magpie—I did not see him at the Falcoln—I gave no directions to have a cab called—I did not. mention Fentiman Road—I said "I shall not go in the cab, for I do not live there."
went away—he gave my some directions—I did not see any bank-note handed over or made a present to either of the prisoners.
EDWAKD BRENT . I am a clerk in the Bank of England—I produce 100l., note, No. 81223 which was brought there on the morning of 25th July, by the two prisoners—it had been stopped ten minutes before—I saw them both go to a place where there was pen and ink, and the writing on the back was wet when Ketcher presented it to me—I told him that it was stopped and asked him to accompany me to the secretary's office—Eldon was by his side, I took them both there and left them there—the name of "John Thompson" was on the note—nothing was said.
Cross-examined. Going down the passage Ketcher said that that was the name of the man who gave him the note—I think he volunteered that.
WILLIAM SMITH (City Detective). On 26th July, I was on duty at the Bank of England, and was sent for to the secretary's office—the two prisoners were there—the clerk said that Mr. Thomson had stopped the note that morning, giving his address 171, Holland Road, Kensington—our clerk said that Ketcher gave the name of Phillips—Ketcher heard that and said "The note was given to me as he can prove," pointing to Eldon, at Mr. Baker's, Dick's Tavern; Thomson was drunk and he was tearing up bank-notes, and the note was given to me there by Mr. Thomson"—I asked how he accounted for the signature on it—"John Thomson, 21, Fentiman Road, Clapham"—he said "I did that"—he also said "I pointed Mr. Thomson out to a policeman in Fleet Street, knowing he was drunk, and he had about l,600l. in his possession"—I took both prisoners to the station and found Mr. Thomson there, they were confronted with him about 2 o'clock, and I said to him "These two persons say you gave them the 100l., note"—he said "I did not"—I said "Did you authorise them to put your name on the front of the note"—he said "I did not," they made no reply—they both referred me to Mr. Baker and said that what they had told me was the truth—I went direct to Mr. Baker—the prisoners were searched, but only three farthings was found between the two—I went to Ketcher's address in Hoxton Street, but found no money—Eldon gave his address, 90, High Street, Islington, and then 290—I went to two 90's and two 290's, but could not hear of him, and he said before the Magistrate that he had given me the wrong address—I found this piece of paper on Eldon, and said "Who is this for?"—he said "It is for Ketcher"—after the charge was read over at Bow Street they both repeated that the note was given at Baker's, and Ketcher pointed to Eldon and said "He was present at the time it was given."
Cross-examined by MR. AVORY. Ketcher gave a correct address.
Cross-examined by MR. W. SLEIGH. When Ketcher referred to Eldon, Eldon said "Yes, I was there when the note was given."(Note, read: "If the gentleman is really locked up get him out by all means and without a moment's delay. The fine for being tight will only be a few shillings, and 1 can do that, and if the old gentleman has gone astray before, then we must call in the assistance of a solicitor to advocate his cause; you will be repaid all the money you expend. Don't let the little man go wrong because I like him, and meet him almost daily at Chambers, or more correctly speaking I used to do so. He is a perfect gentleman, but unfortunately puts his hand up to his mouth too often. Mind, don't let him go to do seven days; I will, if necessary, pay expenses for the little fellow.") Eldon said that he had written that to be given to Ketcher.
GUILTY Six Months' imprisonment each.
JOHN KIRK . I am a turner, of Rippleside, Barking, and have known the prisoner a long time, he is a relation of my wife's—my wife and I left our house at about 5 p.m. on 10th July, in charge of the prisoner's mother, and returned about 10 o'clock and missed from the mantelpiece upstairs and from the dressing-table a gold watch, a gold chain, a silver watch, a gold Albert, and gold locket; these are them (produced)—I gave information to the police and on the night of 17th July I saw the prisoner in custody—I charged him and he said "Mind you don't charge the wrong one"—the articles were safe when we left the house at 5 o'clock.
ANN SMITH . I am the wife of John Smith, a labourer, of Barking—on 10th July I met the prisoner in the fields, going towards the road, just before the clock struck 5, within a mile of the prosecutor's house, and I met him again in the road just before 7 o'clock.
Cross-examined by the Prisoner. I know you by seeing you pass our place.
HENRY DAY . I am an assistant to Messrs. Troyd and Son, pawnbrokers, of 10, Whitechapel Road—on 11th July the prisoner came there and pawned this locket and silver watch—he offered a gold watch, but I refused it as he did not give a proper account of it; he said it belonged to his sister, and I said his sister had better bring it—I swear to the watch.
GUILTY — Twelve Months' Imprisonment.
JAMES EGAN . I am a labourer, of 10, Star Lane, Canning Town—on Wednesday, 4th July, I was drinking with the prisoner and he went home with me to my lodgings—I was tired, suffering with a bag leg, and laid on the bed to rest it—he shoved me over on the bed and said he was tired too, and laid down by the side of me—I was not sober—my purse was in my outside coat pocket, I saw it there a few minutes before I laid down—about two or three minutes afterwards I felt his hands in my pockets—he left me and I slept—the next morning I missed ray purse and three sovereign—in the afternoon I missed a serge jacket and shirt—after giving him in charge I found he had got two knives and a pipe of mine in his possession—the prisoner was potman at the beer-house where we had been drinking—the day after I missed the things I went with two police officers and found the prisoner
at the beer-shop—I identify the two knives and pipe and the shirt and jacket produced; I had them the day before, in company with the prisoner; the jacket was hanging on the chair back and the shirt on a line—I did not give the prisoner any of those things; I made him a present of other articles previously; I intended to give him an old jacket on the night in question, but not this one.
WILLIAM MORRIS . I live at 10, Star Lane, and am a fireman—the prosecutor lodged in my house—I saw him come home with the prisoner on 4th July—Egan-was very much intoxicated and I told him he ought not to be like he was, and that he owed some rent and he had better pay it—he said he had plenty of money to pay me and would pay me when I liked—the prisoner was in the room about half an hour—when he came out he had a parcel with him and I saw a shirt sticking out—he said to me "There is no reason to be afraid of the rent, I know he has 3l. in his purse now" and he would come back in the morning and would see that the old man paid me the rent but he never came.
ALFRED HYAM (Detective Officer). I went with the prosecutor on the evening of 5th July and found the prisoner at the Robin Hood beer-house—I charged him and he said "I know nothing of the money, I have heaps of my own; I haven't got it"—he said the prosecutor gave him the serge jacket and shirt—he was taken to the station and searched, and a duplicate to of the two knives and pipe, identified by Egan, were found in his possession—I went the nest day with the prosecutor to the pawnbroker's, when he identified the jacket and shirt.
Prisoner's Defence. The pipe and knives were in the pockets of the jacket that the prisoner gave me.
NOT GUILTY .
THOMAS HOPE . I am a labourer of 2, Lower Andrew Street, Silver Town—the prisoner used to lodge with me; we slept in the same bed—on Saturday night, 14th July, I went to bed about 10 o'clock, and the prisoner came to bed sometime after—I had a sovereign and two half-sovereigns in my purse, which I put under my pillow, and I afterwards missed a sovereign and a half-sovereign out of my purse—I waited till I got up and then told him I should have him searched—he said he was very dry and would go and have a bottle of ginger beer, and dressed and went out—I followed him with Slater, and we saw him stoop and hide the sovereign and half-sovereign in a piece of rag—Slater went back to the house—this is the rag (produced)—I found it under the grass.
CHARLES SLATER . I am a labourer and live in the same house as Hope—I followed the prisoner with him on 17th July—we saw him go to the side of the railway fence—he stooped and then came back to us—we afterwards went to the place and found this sovereign and half-sovereign in this rag.
The Prisoner. I never had it.
Prisoners Defence. Hope says I came down and went out of the house directly. If was 11 o'clock before I went out of the house at all.
NOT GUILTY .
MATILDA MATTHEWS . I am the wife of George Matthews, labourer, of Plaistow Marsh—on 10th July, about 8 o'clock, I went with Mrs. Fisher to change a cheque, and put the change, sixteen sovereigns, in a new purse, which I placed in my bosom—we then went into the Walmer Castle public-house, where we met the prisoner, and, after some conversation, I invited him to drink with us—he saw the money when I took it out of my bosom, and another man opened the purse for me—the prisoner then followed us into Mrs. Fisher's house—he asked me to let him tell ray fortune at the Walmer Castle, but I said I should not wait there, and said if he liked to go in with us and have a glass of ale he could—after we went in to Mrs. Fisher's I consented to his telling my fortune, which he did—he asked for a pack of cards and Mrs. Fisher gave them him, and the other people went out of the room—he said "Have you any objection for them to go V and they went out—he said "Cut them cards in three," and he began to talk about Venus and a lot of rubbish, and he said "The motion of my hand deceives your eyes," and I don't recollect anything more—I felt quite silly then—it was not dark enough for a candle—he wished me many times to look through a glass—I gave him 9d. when be left the room, and he offered to tell it for 6d.—I gave him a 6d. and a 3d. piece—I had the odd money all right, but not the sixteen sovereigns in my house—the prisoner said to the others "You can come in, it is all over"—they made a remark how ill I looked—I was very sick and bad, and they sent for a Seidlitz power and were going to send for a drop of ale when I missed my money, purse and all, and the prisoner rushed into the back yard—I sent Mrs. Fisher's little girl for a constable—he didn't come very soon and I sent a second time—the prisoner made a push by me—I have since seen my purse—the constable came and took him into custody—I also gave Mrs. Fisher into custody—this is my purse (produced)—when I next saw it there was 9l. 10s. in it.
Cross-examined. I did not toss the money about in the street when I got it—the only woman I was with was Mrs. Fisher—I met Mr. Stevens and paid in some money for him to the post-office—only the man I asked to open my purse did so—I went into the Walmer Castle alone with Mrs. Fisher—there were some others there that I knew, and I asked them to have a glass—they knew I was expecting a few pounds—I was not tossing it about—I did not sit on the prisoner's knee when he was telling me my fortune and I was ruling the planets—I had 16l. 10s. In my purse when I went into the Walmer Castle—I took 10s. out then—I felt silly when he was telling me my fortune and I don't recollect anything till the little girl came and called me.
Re-examined. When I was in the Walmer Castle the prisoner, was very anxious to talk to me, and said he should like to tell me a few words—I only bad one 3d. worth of brandy—I am sure my purse was safe in my bosom when the people left the room.
By MR. PURCELL. I did not send Mrs. Fisher to the landlord to know if I had left my purse there—she ran there in her fright she told me after.
ELIZABETH FISHER . I am eleven years of age and live with my mother at 2, Millwall Street—the prisoner and Mrs. Matthews came to our house—I left the room—I came into the room afterwards and was sent by my
mother to fetch a constable—I saw the prisoner go out at the back of the house—he was afterwards taken into custody.
Cross-examined. There was only half a gallon of beer fetched.
THOMAS HEWITT (Policeman K 417). I went to Mrs. Fisher's house on the 10th July, when the prisoner and Mrs. Fisher were given into my custody for stealing the prosecutrix's purse-—they both said they new nothing about it—I went back and found the purse between two bricks in the dust-hole—I took it inside and opened it and found 9 sovereigns and two sixpences in it.
Cross-examined. I saw the prosecutrix the same evening—she was perfectly sober.
By THE JURY. I found nothing on the prisoner—I took him in the house—they would not let him go out.
GUILTY — Twelve Months' Imprisonment.
Before Mr. Recorder.
MR. OPPENHEIM conducted the Prosecution.
WILLIAM NEWMAN . I live at 25, Princes Street, Lower Road, Deptford, and am a night watchman at Mr. Tripp's, Blackheath Hill, linendraper—on the 22nd June, at 5.50 a.m., I was coming home from my duties, and tried to get my key into my street-door but could not do so—before I could get the key in, the door opened and the prisoner appeared with a large bundle—I asked her what she was doing there—she said she had slept there that night and was going to service—I ran upstairs and spoke to my wife, the prisoner having passed me and gone into the street—I then went back and ran after the prisoner—she threw the bundle over a wall—I caught her and handed her over to a man named Brown and I went for a constable—when we returned she had gone—I got over the wall and got the bundle—I saw her again about half an hour after, in custody—these things (produced) are my property, and were in the bundle—they were in my possession the evening before.
Cross-examined by the Prisoner. I saw no other girl.
ELIZABETH PARKINSON . I am female searcher at the Deptford police-station—I searched the prisoner and found on her one glove, one pocket-handkerchief, one pair of stockings, one gold ear-wire, and two collars—she said they were all hers.
WILLIAM ASHFIELD (re-examined). On the 22nd June, at 7 o'clock, in consequence of information I received, I went to the Rope Walk, Deptford, where I saw the prisoner sitting on the pavement—I said to her "What is this? You are the woman, I believe, who took the things from No. 25, Princes Street"—she said "No, I didn't take them, another girl took them and gave them to me"—the prosecutor came up and immediately identified the prisoner.
Prisoner. The policeman said "I take you on suspicion of stealing those things "; I said "A girl took them and gave them to me."
Prisoner's Statement before the Magistrate. "I never took them at all; I had them from another girl. I didn't know they were stolen."
The prisoner PLEADED GUILTY** to a conviction on the 11th September, 1876— Eighteen Months' Imprisonment.
MR. MILWOOD conducted the Prosecution.
GEORGE GARDNER . I live at No. 4, Victoria Road, Charlton—on the morning of 3rd July I was aroused by footsteps coming down the garden—I looked out and saw Costin raising the window up and Woodley standing 3 yards off—they ran away—I went and searched for them, calling "Police!" and saw them in a skeleton house, and ran after them through a field, and caught Costin, who got away—I identified Woodley on the following day.
JAMBS BUNNING (Policeman R 84). I was on duty in the Woolwich Road, and heard cries of "Police!"—I saw Costin come from a skeleton house and jump a hedge—I followed and captured him—he said he had done nothing, but that a man was following him with a stick—Gardner charged him with an attempted burglary.
HENRY GOODWIN (Policeman R 4). I took Woodley into custody on the 4th, and charged him with the attempted burglary—he said "I know nothing about it"—afterwards he said "I can bring a young woman to prove that I was abed"—Mr. Gardner identified him—he asked me to tell his mate to tell four men he was with that morning, to come as witnesses.
WILLIAM FINNEY . I live at 4, Paradise Road, Charlton Lane, and am a signalman, at Charlton Railway Station; I heard Gardner call out on this morning as I was on duty—I saw Costin in the Delafield Road, and told Gardner so—I did not see Woodley.
NOT GUILTY .
MR. J. P. GRAIN conducted the Prosecution.
GEORGE ELLIS . I live at Dansing Lane, Welling, and am a labourer—I was at Woolwich, on 16th July—on returning home I went into the Railway Tavern, and had a glass of ale—the prisoner and another man were there—the prisoner asked me if I was going to Welling—I said "Yes"—he said "It
will be company"—when we got to the Green Man, Plumstead, the prisoner asked me if I would stop and have something to drink—I went in and gave him beer and stayed some time and then left—the other man was with him—as I turned to go home the prisoner pushed me against the fence, and one held me so that I was helpless and the other took my knife, 19s. and some odd pence, from my pocket, I called "Police"—the men ran away-an hour after, I found the police and gave information, I was sober—the men appeared to be sober.
GEORGE PIKE WEAVER . I am the landlord of the Green Man, Plumstead—the prisoner and another man came to my house, and the last witness called for beer—he gave me a sovereign in payment, and I gave him 198d. change—I saw them leave—they were sober.
Cross-examined. You all left together.
ELIAS FORD (Police Inspector). The prosecutor gave me information and a description of a man on the 17th, I recognised the prisoner from that description on the 18th, in Market Street, Woolwich, and apprehended him for being suspected with another man of committing a robbery on the night of the 16th—he said "You do not mean that"—I found a knife and a penny on him.
Prisoner's Defence. I could not have held the prosecutor as I have only one hand.
He also PLEADED GUILTY** to a conviction for felony in August, 1877— Seven Years' Penal Servitude.
MR. STRAIGHT conducted the Prosecution; and MR. SIMS the Defence.
CHARLES TOMPKINS . I live at 13, Montpelier Road, Blackheath, and carry on business in the City, as a wine and spirit merchant—the prisoner came into my service last February, upon the recommendation of Mr. Vant, of 14, New Cross Road—she remained till the 19th July, I have lived separate from my wife fourteen years—she lives at Lewisham—on 19th July, in consequence of information I received I sent for a policeman, and went with him to the kitchen to the prisoner—my son, daughter, and servant, live in the same house—I said to the prisoner "You have been robbing me," and asked where the jelly mould and the drugget were—she said "I know nothing about it"—the officer and I searched her box and found articles of which this is a list—amongst them are twelve pairs of cuffs, some collars, a white vest, a pair of socks, and some nightshirts—they are all my property, I found the jelly mould at Mr. Vant's, with other articles—it is my property—the prisoner said "Your son gave them to me"—my son was in the room at the time and denied it—I gave her into custody—the value of the articles is about 12l.
Cross-examined. Mr. Vant is a clerk, and lives at 14, New Cross Road—I expected proceedings to be commenced against me in the Divorce Court, but I did not know that the prisoner communicated with my wife till I had given her in charge—I never begged the prisoner not to divulge certain circumstances—the prisoner did say she bought some at the draper's, and some my son gave her, and some 1 gave her, but it was not true, I never gave her anything to keep her quiet; I did not hear of any proceedings in the Divorce Court until after the prisoner was given in charge; I have received visits from-three ladies of unblemished character—the prisoner
never discovered me in the act of adultery—I know Miss Evans—she keeps a Berlin wool shop at St. John's Wood—I know Mrs. Potter—she has been married for thirty-five years—I never lived with her—she is between fifty and sixty years of age—I let my house and took the furniture away—the prisoner was taken into custody on Thursday, I saw my wife on the Saturday—I can swear to all the property the prisoner is charged with taking—she took it from my store-room—I purchased the muslin to be made up into curtains.
Re-examined. Bessy Evans is about forty years of age and lives at St. John's Wood—none of the ladies came alone—Mrs. Potter lived in the same house, which I left as I did not like it.
EDWIN BETTS (Policeman R 82). I called at the prosecutor's house on 19th July—we went into the kitchen and the prosecutor said "You have been robbing me"—the prisoner said "I have not"—the prosecutor said "Where is the jelly mould?"—the prisoner said "I don't know"—he said "Have you anything in your box?"—she said "Nothing of yours"—we then went upstairs and examined the box, when the prosecutor swore to several articles and the prisoner said it was all spite, the things were given her by William, meaning the prosecutor's son—I took her to the station—I afterwards went to Mr. Vant's house, where some more things were found.
Cross-examined. The exact words were "Master Willie"—the prisoner did not point to the box and say "I bought part of those at the draper's."
By THE COURT. I went with the prosecutor to his wife's house and found some of the property there—I saw the wife who said Mrs. Usher (the prisoner) had given it to her.
NOT GUILTY .
Before Mr. Recorder.
MR. M. WILLIAMS conducted the Prosecution; and MR. T. COLE the Defence.
JOHN ARTHUR COBLEY HOSEGOOD . I am a tailor, of 99, Powis Street, Woolwich—the prisoner was my shop boy and was promoted to be porter, and afterwards assistant—his duty was to serve customers and when he received cash to place it on the cash desk and ring the bell for me or my wife to take the money—in consequence of something that came to my knowledge I gave a half-crown, two shillings, and a penny, all marked, to Detective Morgan on 20th June, about 8.30—the other assistant was due at 8.30, and the prisoner was alone till then, except that a lad helped him to unshut—I went in and said "Have you served a customer this morning?"—he said "Yes"—I said "Where is the money?"—he said that he had put it on the desk—I said "It is not there," and showed him a bill in his own writing for 4s. 7d., and said "Have you sold these goods, where is the money?"—he repeated that he had placed it on the desk—I told him I should charge him with stealing it and called Morgan in, who took him into the cutting room, and there he repeated two or three times that he had placed the money on the desk—Morgan told him he would be charged with stealing the money and that it was marked, and ordered him to turn out his pockets—he turned out about 25s. or 26s. out of which Morgan and I picked out the marked money—I said "What have you to say to that?"—he said "Well, I did place it on the desk, but I took it again afterwards and put it in my pocket"—these are the three silver coins I marked, but not the penny.
Cross-examined. There were three examinations at the police-court, on 20th June, 28th June, and 5th July—on 5th July I said "My deposition on the 28th was incorrect in one particular, the prisoner's statement that he had put the money in his pocket was not made till after he was taken into the cutting-room"—the Magistrate did not give me a caution—I have a till in my desk, which was locked at the time—the prisoner swept the shop every morning—the dustpan is kept somewhere at the back, I believe he went into the kitchen for it every morning, but I did not see him—the lad was cleaning the windows outside the shop—this bill for 4s. 7d. is in the prisoner's writing—when he was in the cutting-room he said that he put the money in his pocket because of. the boy or the servant girls, but he did not say while he went away for the dustpan.
Re-examined. He was in the habit daily of placing the money on the desk and I put it in the bowl and locked up the desk again—it was at my request that I was called back to correct my deposition.
JAMES PIPER (Policeman R 329). On 19th June I received some marked money from Morgan, and on the 20th, about 8.30 a.m., went into Mr. Hose—good's shop and bought of the prisoner one half-crown tie, a shilling tie, and two collars at 6 1/2 d.—he wrote this bill (produced) and gave it to me—I handed him this marked half-crown, 2s., and 1d.—I handed the bill and goods to Morgan, who was waiting outside.
Cross-examined. I cannot say what the prisoner did with the money, he was behind the counter.
WILLIAM MORGAN (Policeman D 155). At 8.40 on this morning I followed the prosecutor into his shop and told the prisoner I should take him in custody for stealing 4s. 7d., the money of his master, and that it was marked—lie said "I put it on the desk"—I took him into the cutting-room and told him to turn out the money he had in his pocket; he put it on the cutting board and I found 4s. 6d. in marked money and 11s. 6d. besides and some copper, but not the marked penny—I said "This money is marked"—he said "I put it on the desk, and then took it off and put it in my pocket"—I said "There is a penny still missing, how do you account for that?"—he said "There was a 10 1/2 d. customer, and I believe I gave it in change."
The Prisoner received a good character.
NOT GUILTY .
Before Lord Chief Justice Cockburn.
MR. BESLEY conducted the Prosecution; and MR. MONTAGU WILLIAMS and Mr. Straight the Defence.
EMMA PEARSON . I am single—on 19th May last I was living at the Criterion public-house, in Shakespeare Road, Brixton—I was the nominal landlady of the house—the prisoner and his wife lived and slept there—I have known him for years—I had lived under the same roof with him and his wife at the Victoria public-house, Hyde Park Gardens, and also at a private house at Peckham Rye—I went to the Criterion on 17th March last—up to Saturday, 19th May, there had not been any quarrel or ill feeling between us—he came down from his bedroom that day about 12.30, his wife
bad come down earlier—we dined about 1 o'clock—Mrs. Henson left before dinner and went to another house that the prisoner had in the City, where she attended two or three time a week—on this Saturday morning she went out about 10 o'clock—Miss Rose, the barmaid, was present at the dinner, and the prisoner and his two children—after dinner I and Miss Rose went upstairs to attend to some household arrangements, leaving the prisoner standing in the bar—I believe there were two or three customers in the bar, but 1 did not notice—we had been upstairs about half an hour when heard the prisoner call from downstairs, I think it was for Miss Rose, I won't be sure whether it was to her or myself, I sent her down—she occupied the same bedroom with me, but we were both in the prisoner's room when he called—the prisoner then came up to his room—he said "Emma, what a time you have been"—he always called me Emma—I said something about not being long if Miss Rose had been allowed to stop—he complained of not being well, I suggested that he should lie down as I knew he was not well—he said that he had his work to do in the cellar—I advised him to put it off until after tea—I then went to my room to dress, and I believe he went downstairs—I was in my room about three-quarters of an hour, I was leaving to go downstairs and was on the landing, I had an empty jug and a candlestick in my hand—I saw the prisoner coming from his bedroom door—I said "Have you done your cellar work?"—he said "Yes," and I said "I will go down and see about the tea"—he then said he wanted to speak to me, walked into my room, and I followed him—my keys were on the dressing table, he asked me whether they were mine, I said yes—he asked if they were the keys of my cash-box—I laughed and said "I have not any money to put in a cash-box"—I took up the keys and put them in my pocket and was about to go downstairs when he took hold of me and said "I am going to kill you"—I said "Oh, no"—I did not believe that he meant what he said, I could not think it—Miss Rose came up, the door must have been dosed, because I tried to open it and could not—I found that I had received some injury, my finger was cut; I don't know that I had felt any wound, but at the same moment that I found my finger was cut, I felt something trickling from my neck—Miss Rose opened the door; I believe I was then in a stooping position, but I was able to run downstairs—I don't think he was holding me—I don't know what became of the jug and candlestick—when I got downstairs I heard the prisoner call me once or twice—I was then sitting in the bar, he was at the door at the foot of the stairs—I did not see him again until he was in custody, that was about two hours after—when he came up into his room I asked him for a holiday, as I felt tired and wearied—he said no, he could not spare me—I saw that he did not wish me to have one, and I did not press him—this was before I went into my room—I do not think I used any other words that were likely to offend him—no razor was kept in my room—this paper is the prisoner's writing—I have read it, it is true. (The paper was as follow: "Emma Pearson and myself have been like man and wife for years; she never knew another man. I love her dearly. She is now with child by me and nearly four months gone, and I cannot face the disgrace, so have killed her and myself. J. Henson.")
Cross-examined. The prisoner had two licensed houses, one in the City and this one at Brixton, the license for which was taken out in my name and I superintended it—I had noticed some time before this that the prisoner had seemed very strange in his manner—he was very unwell on this
morning, he appeared to be vacant and strange, he had been drinking very hard for some time—he had had some trouble—on this very occasion I had been remonstrating with him about the drink—when I asked him for a holiday I said "You worry me with this drinking"—he had always shown himself very much attached to me; I am sure he never meant to hurt me, had he been in his right mind at the time he would never have hurt a hair of my head—he sometimes shaved in the middle of the day—I can't say whether he had been shaving that morning—I saw him downstairs after this occurrence, when be called out my name—I don't believe he knew what had happened.
Re-examined. I had been with him to a Special Session of the magistrates on the Wednesday, about the transfer of the license from Charlas Hoare to myself—the prisoner was sober then, but very unwell—I did not walk out with him on the Thursday—I believe he went to his house in the City—he did not go out on the Friday—he attended very little to the customers at the Criterion, he attended to the cellarwork on the Friday, there was not much to do—he was very unwell indeed on Friday; he went to bed between 7 and 8 o'clock and remained in his room till 11 or 12 o'clock on Saturday—I think he had some spirits the last thing at night—Mrs. Henson did not pass the night in the same room, because she had promised the little ones to sleep with them in the adjoining room—it was very unusual for him to go to bed at that hour, he had only done so once before since I knew him.
MART ROSE . I was barmaid at the Criterion—on Saturday, 19th May, I dined with Mr. Henson, the children, and Miss Pearson—I did not notice anything particular with regard to Mr. Henson at dinner-time—he ate that meal as usual—that was about 1 o'clock—after dinner I went upstairs, leaving him in the bar—I think he served customers that day—I remained upstairs with Miss Pearson for some time—Mr. Henson called me down; he called me by my name, Polly—at that time this paper was not on Miss Pearson's dressing-table, I can say that positively—about an hour afterwards, in consequence of what one of the children said to me, I went. upstairs; as I went up I heard screams from Miss Pearson; I had heard screams before the child spoke to me, but I thought it was the children playing—I don't remember whether Miss Pearson's bed-room door was open or shut when I got up—I saw Mr. Henson and Miss Pearson in the bedroom, near the door; she was stooping and he was standing close by her—he said "I have killed her"—she was bleeding from the neck—she went downstairs—I asked him for the razor; he had it open in his hand—he gave it to me; I afterwards gave it to Mr. Palmer, who happened to be in the house—on coming downstairs I found Miss Pearson in the parlour, sitting down—I assisted her by wrapping the wound with a handkerchief, and sent for her mother—the doctor came before the policeman Miss Pearson was taken up to her room and attended to—I afterwards found this paper in her room on the dressing-table, folded as it is now and not addressed to any one—I gave it to Mr. Price and he gave it to the police.
Cross-examined. My duty was principally in the bar—I had noticed that the prisoner had been drinking heavily for some time and he had been very excitable in his manner for some days previously—when sober he was always very kind to myself and Miss Pearson and to every one in the house.
JAMES BELL . I am a surgeon, of Laugh borough Road, Brixton—I was called to the Criterion on Saturday, 19th May—I got there between 5 o'clock and 5.30—I noticed blood on the stairs and on the floor in the parlour—before I saw Miss Pearson I saw the prisoner lying on the stairs with a man supporting him; he seemed excited and bewildered—I said "What is the matter?"—he said "Who are you, what do you want?"—I thought at the time that it was he who was wounded; I had not been told who it was—I could see by the way in which he spoke that he did not know what he was up to, or what he was doing at all—I judged that he was either drunk or stupid from some reason or other—I was then called down into the parlour, where I found Miss Pearson with her neck bleeding, and a handkerchief tied round her neck; Miss Rose was supporting her—there was a great deal of blood on her clothes and hands—I bad her taken upstairs and laid on the bed and I then examined her—I found a out on the left side of the neck, beginning near the middle line of the neck, extending forwards to about 1 1/2 inches below the ear, forward along the edge of the lower jaw near to the centre of the chin—the depth of it at the back was from) inch to 1 inch; towards the front it became gradually more superficial and was skin deep—there was another cut on the cheek extending from about the middle of the long cut—that was not, perhaps, 1/4 inch deep at the beginning, and that also became superficial just at the end—there was a very small out just over the right eyebrow; that was quite superficial; it was a clean out through the skin—the deep wound in the neck must have been inflicted with a very sharp instrument, such as a razor—it would not necessarily have been a violent cut—I don't think the two wounds could have been done by the same action of the razor—the fore and middle fingers of the right hand were cut; that might have happened in the struggle, from grasping the razor; she has the marks of the wounds now—I did not pay any attention to the prisoner, he was in charge of the police—I saw the razor at the police-court; such wounds might be produced by it.
Cross-examined. Miss Pearson repeated several times in my presence that she hoped no harm would come to Mr. Henson—they had an interview before he was taken away and he kissed her before he left.
JOSEPH COXWELL (Policeman W 78). On Saturday, 19th May, I was called to the Criterion—I found the prisoner on a bed in a back room—I asked him to account for the spots of blood, they were in the front bar, leading up the staircase to the back room where the prisoner was lying—I had not seen Miss. Pearson then—he asked me what I wanted—I said I thought some one was wounded here—he replied "My wife, my wife"—I repeated my question, but could not get an answer—he said "I wish to tell you Miss Pearson is four months advanced in pregnancy by me"—he walked down-stairs with assistance and we took him in a cab to the station.
Cross-examined. He was very much the worse for drink, and also excited—his finger was cut.
JAMES COWLEY (Detective Officer W). I went to the Criterion and found the prisoner lying on a bed in the back room—he said "Who are you?"—I said "I am a detective and you will be charged with cutting the barmaid's throat"—he said "Yes, I did it, she is four months with child by me, she has known no other man, and I am very fond of her"—he said "Can 1 see her?"—I said I could not promise that as I had not seen the doctor—he was allowed to see her; he walked into her bedroom with me, I did not assist him at all, I walked by his side—he leaned over her and said "Emma, they
are going to take me away;" he kissed her several times—he walked down, stairs unassisted, and we took him to the station—he perfectly understood what I said to him—I examined his room; I found no appearance of his having shaved—this paper writing was given me by Miss Rose, and the razor by the witness Palmer—the prisoner's wife went in the cab with him to the station—she then said to him "Joe, what made you do this, has she aggravated you"—he said "No, we have been as man and wife for years," and with that his wife left him—he asked several times that he might be allowed bail, but was told not.
RICHARD HARVEST (Police Inspector W). I had charge of the Brixton Station on 20th May—in consequence of the prisoner complaining of being ill a surgeon was called in, Mr. Pope, who is since dead, and under his directions small quantities of brandy, amounting altogether during the day to a quartern, were administered to him.
THOMAS PALMER . I live at 82, Shakespeare Road, about 80 yards from the Criterion—on Saturday morning, 19th May, near on 11 o'clock, I went to the Criterion—the prisoner served me—I asked how he was that morning—he said he felt very poorly, he was losing his appetite—he said "I intend to leave off drinking altogether"—he did not seem under the influence of liquor then, but still excited—I said "What are you drinking now?"—he said "I am drinking bitters"—I said "You had better have your glass of malt liquor"—he was helping himself to something at the bar—about 5 o'clock, or a little past, I went in again to get change, there was no one in the bar—I heard angry words in the bar parlour; I heard Miss Rose say "Oh, you wicked Mr. Henson, how could you have done such a wicked thing?"—upon that they saw me and came out, Miss Rose and Miss Pearson, and Miss Rose handed me the razor—I saw that Miss Pearson had got a wound in the throat, and I put her on the settle in front of the bar—I saw the prisoner standing in the doorway with his two children clinging to his legs—I removed them and put him back and locked him in, and told him to go to bed, and I went off and fetched the constable—the prisoner did not say anything before that, he was in that excited state, and so far the worse for liquor that he did not know what he was saying, I am sure of that—I did not see-him again, I went to fetch the witness' mother and when I returned he had gone to the station—I gave up the razor to the inspector.
Cross-examined. He was very curious, indeed, in his manner that morning—he said "Palmer, I think I am going off my head and I mean to abstain from liquor for the future"—I said "You had better give it up by degrees," that was in consequence of the state I saw him in.
JAMES LONG . I am a dairyman—I serve the Criterion with milk—I was there on Saturday, 19th May, just past 5 o'clock—I saw the prisoner on the top of the stairs; I had before that noticed Miss Pearson was wounded—he was lying on the top of the stairs with his head leaning downstairs—I lifted him up and assisted him into his bedroom—I asked him what it was for—he said he did it through jealousy.
Cross-examined. He appeared very strange in his manner.
WILLIAM MILLER . I was potman at the Criterion about a month before 19th May—sometimes the prisoner went to the City house and sometimes he stopped at home—I think he went out on the Wednesday before the 19th—he attended to the business up to the Saturday—I think he as doing some cellar work on the Friday—he had been drinking for some time, enough to be intoxicated, he had some champagne on the Friday evening.
Cross-examined. He was then suffering from delirium tremens; it was a violent attack, he was very excited, talking great nonsense; he complained of loss of sleep and loss of appetite—he did not appear to me to be in a rational state.
Re-examined. These attacks of delirium tremens do not always result from leaving off drinking, sometimes they do—I can't say whether the excitement of such a charge as this would increase or diminish the force of the attack—if he had been in the same state on the 19th, as he was on the 22nd, I think he could have written as intelligibly as the writing on this paper; it does not look like a clear writing, what his writing may have been before I don't know, but I think it possible—it depends on the extent of the mischief, whether he had been continuing for a very long time or not.
By THE COURT. The brain would be likely to be first affected—it had not affected the body when I saw him—I should certainly think he bad not the power of self-control—delirium tremens is generally permanent, it is not like some cases of insanity where a man has lucid intervals—he has not lucid intervals, he is constantly insane, if you take it as such—I think he might be able to go before a bench of Magistrates and get his licence transferred, and yet be subject to delirium tremens, I do not think it incompatible—the acute symptoms of delirium tremens are not always present, I think he may be competent to do a thing of that kind, which is his general business routine, and yet he may be insane on other points, that is to say the delirium tremens may affect him on other points, although not on that one.
GUILTY . Strongly recommended to mercy by the Jury, believing that he committed the act while under the influence of drink— Ten Years Penal Servitude.
MR. C. MATHEWS conducted the Prosecution; and MR. FULTON the Defence,
DENIS CURRAN . I am a labourer, and live at 5, Victoria Road, Deptford, I work for the same company as the prisoner, but not at the same place—I had no words with him—I was going to my work on Saturday morning, 23rd June, at 5.30 the prisoner said "There he goes"—I turned and asked what he had go to say—he called me an Irish b-, I went to ray work—about! o'clock the same day I was in the Duke of Edinburgh public-house, Rother-lithe, a German who works with the prisoner called me out—I went out, and the prisoner was standing outside—I asked him what he had got to say 0me—we had some words—I said Did not you call me so-and-so in the morning"—he said "Yes, and so I call you now"—he drew his hand from. 'is right coat pocket and struck me with a sharp instrument over the eye and underneath, over the bridge of the nose, I bled and became insensible, and was attended by a surgeon for five weeks.
Cross-examined. The German who call me out said that the prisoner wanted me—I thought he wanted to have a row, I did not strike him first the face; I did not strike him at all.
JOHN CRONIN . I am a fitter, and work for the same gasworks, as the prosecutor and prisoner—I was at the Duke of Edinburgh public-house with e prosecutor; the German came in and said something, I did not hear what, the prosecutor went out—I followed him—he said to the prisoner. What did you call me that name for this morning"—the prisoner said
"Yes, so you are," and drew his hand from his pocket and struck at him' he missed him that time and struck him again with some sharp instrument) I could sea it glitter, the prosecutor put up his arm to ward off the fist blow, he did not strike the prisoner, the second blow came over his right eye, he bled and reeled against the public-house—the blood spurted out like a fountain—the prisoner said "If you follow me up here by yourself I will take your life," he then ran away.
Cross-examined. I saw all that took place, the prosecutor did not strike the prisoner, only put up his arm to ward off the blow—the knife must have been open when the prisoner took it out of his pocket, he had no time to open it, it did not take two minutes altogether.
MARY ANN PARKES . I am the wife of Richard Parkes, a fitter, I was at the bar of the Duke of Edinburgh, when a man came in and told the prisoner he was wanted—he went out—I went out of another door and heard the two-men jangling and calling each other names, and the prisoner struck the prosecutor on the forehead, I could not say what with, I saw something in his hand like a sharp pointed instrument, I only saw one blow—the prosecutor said "I am stabbed," and staggered, and my husband caught him—he bled very much—the prisoner said "One more blow, I will have your life," and as he ran away he put up his left hand, and said "Follow me up here by yourself, and I will b-well settle you."
Cross-examined. The prosecutor did not strike any blow, he put up his hand to protect himself—they had just commenced quarelling when I went out—I was close to them.
DENIS O'KEEFE (Policeman R 338). I took the prisoner into custody—I said "I shall take you into custody for dangerously stabbing and wounding a man"—he said "I did not"—I said "Have you got a knife in your pocket ?"—he said "No"—I searched him and found this knife (product)—at the station he said "I did strike him with a stone."
Cross-examined. The' knife was stuck in a piece of fat meat, there were no marks of blood on it.
DONALD MURDOCK . I am a surgeon, at Rotherhi the—I was called to see the prosecutor—I found two wounds on his face, one to the right of the nose, a triangular wound, and another under the right eye partaking of the nature of an incision and puncture combined—the two wounds may possibly have been done by one blow, but more likely by two, with a sharp cutting weapon, such as these knives.
Cross-examined. I don't think it could have been done by a stone.
Witness for the Defence.
JAMES HIGGINSON . I am a labourer—I was working with the prisoner on this day—I was not in the public-house, I was coming from the gas yard with the prisoner and Smith, who they call the Gorman—he went into the public-house, I don't know what for—the prosecutor came out, deliberately walked up to the prisoner and called him a b-English sod—the prisoner turned round and said "I am no more a b-English sod than you are an Trish one"—the prosecutor then struck him on the side of the head with his fist—the prisoner returned the blow—I saw a slight drop of blood come, but I don't know how it was done—it was nothing to make a bother about—I did not see any spurting of blood—I went away and took no further notice, as the prisoner ran away.
Cross-examined. I was not examined before the Magistrate—I have known the prosecutor some time, but never to work with him—I was not allowed to go before the Magistrate—the prisoner did not send the German into the public-house to fetch the prosecutor out—the prosecutor did not stagger and fall against the public-house.
GUILTY of unlawfully wounding— Six Months' Imprisonment.
Before Mr. Recorder.
MARY CLARKE . I live at 3, Wallis Court, Mint Street—I have lived with the prisoner eight years—on 9th July we went out between 7 and 8 a. m., and we drank at several public-houses and became intoxicated—we came home, and about 2 o'clock in the day I went into the room where the prisoner was lying down—I tried to take some money out of his pocket—he woke up and said "You have taken some money out of my pocket"—I said "No, I had it in my hand, but I left it there; you had better lie down and you will find it"—he laid hold of me, and we fell down on the bed and then on the floor—I left the money in his pocket—I thought he had bitten my nose, but when the bandage was taken off I found it was only a cut—I went to the hospital, where the wound was dressed—I lost much blood, but suffered no pain—I appeared against him at the police-court the next morning.
Cross-examined by the Prisoner. I ran into another woman's room before I ran to the hospital—the wound does not look like a bite—there is no piece out.
Cross-examined. The prosecutrix did not say how it was done, but went to the hospital, and returned with two constables and gave you in custody—I did not ask her what was the matter, I was quite confused.
ALFRED PEARSON . I am a student at Guy's Hospital—I dressed the prosecutrix's wounds—there were two on her nose, one was in the partition between the nostrils, which was caused by the absence of the piece of flesh there, and it was much lacerated—there was another wound in front of the left nostril, about a third of an inch long, through the substance of the nose, more of an incised character, but not so much lacerated—she was bleeding profusely, and was very weak from loss of blood—the wounds are such as would be caused by a bite.
Cross-examined. There were no marks of teeth on the top of the nose, but through the left nostril—a piece was bitten out.
Prisoner's Defence. I am as innocent as a new born child. It was impossible for me to bite as the witness says I did, with such teeth as mine. I spent 14s. 6d. and we got drunk, and I left her drinking with some more chaps and women.
GUILTY **— Eighteen Months' Imprisonment.
665. HENRY WARD (26), and THOMAS WARD (54), PLEADED GUILTY to unlawfully obtaining 40l. of Thomas Topp Clinch Scoones, by false pretences. HENRY WARD—Recommended to mercy by the prosecutor— One Month Imprisonment. THOMAS WARD— Fifteen Month' Imprisonment.
MESSRS. LYON and HORACE AVORY conducted the Prosecution; and MR. STRAIGHT the Defence.
The Jury, not being able to agree, were discharged without a verdict, and the case was adjourned to the next Session.
Before Mr. Justice Field.
MR. W. SLEIGH and MR. LYON conducted the Prosecution; and MR. SAFFORD the Defence.
THOMAS FENTON . I am twelve years old and live at 3, Mitre Street, Blackfriars, with my father and mother—on Saturday, 7th July, I was in the garden which joins the prisoner's yard at the back—she has lived there a great many years and mother knows her—her yard has a chicken house against our wall—it has a sloping roof nearly to the top of our wall, which is 7 or 8 feet high—I saw the prisoner on the roof of the chicken house about 12 o'clock, with a beer can in one hand and a dead cat in the other, she said "You have killed my cat"—I said "I have not killed it, not hit it once"—she said "I will have your b-life"—my mother then came up and the prisoner threw some stuff at me over the fence, from the can—there was no cover to the can—some parsly was growing there, and I was about 6 feet from her—just a little spot went on my neck—I did not notice my mother at that time—I was stooping down sweeping the yard—I was not looking up towards her—the prisoner was not directly behind me, she was on one side—I did not see her throw anything, but I felt something on my neck, and when I looked up I saw the mouth of the tin, which was in her right hand—I did not hear her say anything more—I went in to my mother who was in the kitchen washing the breakfast things—I was pricked on my neck, but the mark has gone away—my clothes were burnt—these are them (producing a felt hat and a pair of trowsers and a waistcoat, all covered with red stains, and a shirt with a great number of holes burnt through it)—my mother was in the house when I felt the stuff on my neck, and I went into the kitchen to tell her—the shirt and waistcoat have not been washed since—I had no flannel or linen of any kind under my shirt—I had no marks on my body, only one on my neck—my mother has kept the clothes since—I took them off an hour and a half afterwards, and I have not had them since—I cannot swear to this can.
Cross-examined. I did not wear the hat any more—I had some flowers in the same bed as the parsly—my mother and the prisoner had had some quarrelling about the flowers that morning, and I said the prisoner's cat had pulled up the flowers I had seen it—my mother told me two weeks before that she saw the cat pulling up the flowers when I was at school—it was a little kitten—the flowers had been pulled right out of the ground; that happened once—my mother had been going on with Mrs. Barry about the cat in the mean time, but she did not speak to her about it—I had seen the cat on our wall on the Wednesday—the fence was about 2 feet above the top of
the wall, it was upright with a rail across it, which divided her wall from oars—neither of the prisoner's hands were on the railing, only her arm; the eat was in her right hand and the can in the hand which was leaning on the railing—I mean to say that she said "I will have your b——life," and mother heard her say it—I was in the kitchen when I heard her say that; that was after the stuff was thrown upon me—I mean after I had gone in to tell my mother—the prisoner was then on the chicken house—that is not the length of the garden from the kitchen—the kitchen comes out beyond the house—the prisoner told my mother she would have my b——life, and my mother told me the same day after it was all over—my mother said that she thought it was vitriol—we had dinner after it was all over, and she told me after dinner and before tea—my mother was very cross with the prisoner afterwards—she was upset, and then she told me that Mrs. Barry said that she would have my b——life—I showed the place to my mother and told her it was burning my neck—I went to the police-court on the Monday—the mark was gone then—the holes were in the clothes when I showed them to the Magistrate, just as they are now, and my hat was red like this—it was red when I went in from the garden; I am certain of that—my waistcoat and trowsers and shirt were in holes, as they are now, when they were taken off—I never saw my shirt brown like my hat, but it was in roles—my mother went in to Mrs. Barry, but she did not take my things with her—I had not been throwing any water over, but Mrs. Barry said when she held up the cat "It is bad enough your killing my oat without throwing water over"—she said that poison had been laid for the cat, but I do not know who done it—there was no blood on the cat—my mother said that it looked starved—it was a favorites cat of the prisoner's.
By THE COURT. I felt no splash on my hat or on my clothes, only a drop on my neck—I went in immediately to my mother to show my neck to her.
ELIZABETH GETTIS . I am the mother of the last witness, and live at 3, Mitre Street, Lambeth—the prisoner's house faces mine, and the chicken-house is against the end of the wall of my garden, which is about 12 feet long and 8 or 9 feet wide—the fowl-house comes nearly up to the wall, and the bottom of the fence stands on the wall—the top of the fence is about 7 feet from the ground—the wall is 5 feet high and the fence 2 feet—the roof of the fowl-house comes to about 1/2 foot from the top of the wall and the width of the sloping roof is 2 feet or 2 1/2 feet; it is made of wood and there is plenty of room for any one to stand there—on Saturday afternoon, 7th July, about 12.15, I heard a disturbance in my garden; it was after dinner, because I have my dinner early on Saturday, and it was an hour or an hour and a half after dinner—I heard the prisoner hallooing at my boy, but did not hear the words—I went out and saw the prisoner on top of the chicken-house—I said "Whatever is this disturbance about?"—she said "He has killed my cat with poison, I will have his b——life"—a woman in the prisoner's yard spoke to me at the same time, but I did not hear what she said—I do not know whether my boy heard the prisoner say that, he was standing near the dust hole, he was very near—I made no answer, but told him to finish what he was doing and make haste and come indoors, and I went into the kitchen, but before that the prisoner said "I will burn him and his b——garden too"—I said that if she did such a thing she would suffer for it—she made no answer—I left the boy sweeping the path and went in, and about three minutes after that he came in to me and said
"Mother, Mrs. Barry has thrown something over me, and it is burning ray neck"—his hat looked red, but not so bright a red as it is now, because it was not dry—I did not stop to notice his other clothes—I ran down the garden with the hat, and jumped on a box and saw Mrs. Barry standing on the chicken-house, and said "Whatever have you thrown on my child, you wicked woman ?"—she said "I did not do it"—I said it is all over the place, everything in the garden where it was, is burnt up"—she said no more I went into the Kitchen and locked at the boy to see whether he was burnt and he had a little mark just by his collar—his clothes were all coming to pieces, as he moved his arm they tore into holes; his waistcoat turned white and his hat turned red; his skin was not burnt, but his shoulder looked red.
Cross-examined. I did not tell the boy at the time that it was vitriol, but I did after I took him to the Court on the Monday—his clothes have not been washed since, they had been washed before—I wash every other week—the holes were in the clothes when I took them off the boy, as they are now—there was just a little mark on his neck like a graze—I told him afterwards on the same day that she said she would have his b-life; he was mad to drive the cats about, and 1 thought it better to tell him to prevent his driving other cats—I told him that before I took his clothes Off just before I came back with his hat—a man and woman were in the prisoner's yard at first, but not when she used that language—when she first spoke to me those people spoke to me and I told them it had nothing to do with them and to mind their own business; I could just see their faces over the wall; they were afterwards witnesses at the police-court; I do not know their names; I did not see them when this conversation took place—I said at the police-court "There were two other people in the yard, but they could not have heard what she said"—I took some of the stuff off his hat with my fingers, it looked a pale red, it did not burn, I wiped it off directly—some weeks before this the prisoner said "How tiresome he is to the cat," or something like that—she complained that he would run out and halloo at her—I said "He don't harm the cat, it is great folly of you to take notice of him, it is the only way he has got, because the cat rakes up his flowers"—the cat never annoyed me—I do not think I said at the police-court "The cat annoyed me by pulling up my flowers;" I think my boy said that—the Magistrate asked me what the cat did in the garden and Isaid that she pulled up the flowers—the prisoner and I have always passed the time of day from the windows and have been friendly up to a week or two ago, when this happened to the cat—I think the cat looked starved.
Re-examined. I judged so by its appearance—I had had no quarrel with her up to this Saturday and then I did not say much to her—she was in a great passion immediately before the child was burnt—I do not suppose this took ten minutes altogether.
HENRY PIPE (Policeman M 208). On 11th July I served a summons on the prisoner, and on the 17th I went to the prosecutor's garden and saw some flowers near the fowl-house which were rather brown, as if some acid had been spilt on them.
Cross-examined. I saw several marks in different parts spreading over 2or 3 feet—a flower here and there was burnt brown; there were brown spots extending about 2 feet round—it appeared to have been splashed over them—the nearest spot was 2 feet from the wall—the flower-bed was about a yard wide from the wall—I did not see any parsly.
Re-examined. The nearest spot was about 4 feet from the fowl-house.
WALTER HART . I am a surgeon of Stones End, close to the police court—I examined these clothes before the Magistrate on 17th July—the hat is stained by some strong acid, sulphuric, probably; and what would produce that appearance on a felt hat, would most assuredly hurt the human skin—there is no brown or red on the shirt, but the holes are such as acid would produce—I say the same as to the waistcoat and trowsers.
Cross-examined. It must have been a strong acid to produce that effect on a black felt hat—I know something about acids, but am not an analytical chemist—I cannot give you an idea how long acid would be acting on this hat, it would depend upon temperature and other causes; probably in a quarter of an hour, in the ordinary condition of the atmosphere—I cannot tell how soon it would turn red, whether immediately or not; sulphuric acid would not discolour the shirt but it would gradually rot—a strong acid would destroy the fabric in half an hour—the trowsers are burnt through but not the lining—acid which burnt through trowsers of this kind, would, if it fell on the skin, produce inflammation of the cuticle, and great pain, undoubtedly—if inflammation set in it might last days or weeks and lead to serious consequences of health and life—if inflammation was set up I should expect it to last much longer than twenty-four hours—I do not think the mark would disappear in forty-eight hours, but it would depend upon the amount of inflammation—I saw the boy on the 17th, there was then a small mark on his neck to which I attached no importance; it might have been a little exema of the skin, or a little graze; it was a little papillice, not like a burn; I do not think it was produced by acid—it was not like a burn from acid, and if such as injured this hat, had fallen on human skin it most have injured the skin also.
By THE COURT. It is not usual to keep acid of this strength in tin, it should be kept in a glass—I wish to observe that the acid, though trong, relatively, must have been diluted, and I understand that the prisoner was cleaning tins—the acid might be strong enough to burn this shirt while on the boy's shoulders and yet be absorbed by the shirt and not be strong enough to burn his skin.
By MR. SAFFORD. The acid might not burn his skin because it might be intercepted by the fabric—the cloth might be destroyed and yet the skin escape injury—the cloth would absorb the acid; it would depend upon the quantity; if there was not enough to penetrate, then the skin would escape, but it would effect the skin if the quantity of acid was large—it is possible to throw acid on the clothes and destroy them without injuring the skin—acid of this strength placed in a beer can soldered together, would destroy the metal, but I cannot say in what time.
Re-examined. Pure sulphuric acid would burn a hole immediately almost like flame, and it would be more likely to injure the skin—if material saturated with acid of this strength touched the skin it would at once cause inflammation, but if it was diluted it would gradually destroy the material without injuring the skin under it—the speed with which the material is destroyed entirely depends upon the strength of the acid—weak acid would not be so likely to destroy the skin as strong acid—sulphuric acid is made enormously strong, but a very weak solution would not burn a shirt into holes—twenty drops in a quart of water would not affect the skin—the area of the spot injured would make no difference in the inflammation, it depends upon the intensity of the acid—the shoulder of the shirt is lined, and the lining is
damaged, but. not to the same extent as the outside—I do not believe sufficient acid came into contact with the skin to do injury, it was absorbed and neutralised by the structure above it.
The Prisoner in her statement before the Magistrate admitted getting up on the fence and telling the boy that she would punish him, but denied throwing anything over him.
Witnesses for the Defence.
REBECCA JEFFREYS . I live at 25, Webber Street, two or three doors from the prisoner, I can see into her yard from upstairs—on 11th July, about 11 o'clock, I went into Mrs. Barry's as she was unwell, and I was helping her to do the house—I was beating the mats between 12 and 1 o'clock, and the boy Fenton kept throwing stones over—I said "What are you doing that for?"—Mrs. Barry was in her kitchen cleaning her cans, and she came and out of the kitchen and said "Why has not that boy had enough by killing my poor cat"—she was cleaning the cans with brick dust and leather—she put the tin down, got up on the chicken house holding up the dead cat in her hand, and said "Have not you had enough by killing my cat you little beast"—he said "No, I did not kill the cat"—she said "You are a liar, "and got down and went into the yard with me, and I don't remember her coming out again—I went home after that—she took the tin indoors, she put it down by the fence before she got on the chicken-house—she had not got it in her hand when she was on the chicken-house—she held the cat with one hand and the fence with the other—she said if she could get over she would pull the flowers up by the roots for his poisoning the cat—she could not stand on the chicken-house without holding, because it was slanting—I could not see the boy, but when I went back to my mangling I saw him in the street by his own door—he had a pair of light trowsers on, I believe these are the same; I did not notice any holes in them—that was an hour and a half or two hours afterwards—he had a cap on and a light waistcoat; I do not recollect whether he had a coat—his cap was not very light or very dark—I did not hear Mrs. Barry threaten the boy, I am sure she did not say that she would have his b-life, or any words of that kind—I heard her say "Your boy has poisoned my cat," and she called him a beast and a liar, but nothing else—a young man was in the yard with me.
Cross-examined by MR. LYON. I heard all that passed and have told you all—when the bother was over I heard the mother say "You Irish b-, what have you thrown over my child ?"—the prisoner was then at the end of the yard, not in the chicken-house, and she said "You wicked woman, to accuse me of doing anything like that"—the prisoner and I have been neighbours eight or nine years, we were good neighbours—she said "I have not thrown anything over your child"—I did not hear Mrs. Gettis say "If you have not, somebody else has."
HENRY WILLIAMS . I am a comb maker, and work at 2, Mitre Street, next door to Mrs. Gettis, at the back, on the first floor—on 7th July I heard a disturbance, looked up, and saw Mrs. Gettis and Mrs. Barry quarrelling—I knew them as neighbours, but not by any particular acquaintanceship—the prisoner was standing up on something in her yard with a cat in one hand and holding the railings with the other; she accused Mrs. Gettis' boy of poisoning the cat, and said that if she got hold of them she would pull all his flowers up—he told her that she was a liar, and that he did not poison
the cat—I said to Mrs. Gettis "I know your boy has been very spiteful to the oats about here lately"—I did not hear Mrs. Gettis say anything—I did not see Mrs. Barry throw anything, but I did not see her all the time—I saw nothing in Mrs. Gettis' hands; I think she was nursing a child.
Cross-examined. When my notice was attracted the prisoner was on the railings and the boy was close to the dust-hole, about 8 feet from the wall—I also saw Jeffrey in the prisoner's yard—I did not hear Mrs. Gettis accuse the prisoner of throwing something over her child
NOT GUILTY .
MR. POLAND and MR. MEAD conducted the Prosecution; and MR. LILLET the Defence.
LOUISA BAVERSTOCK . I am the wife of John Frderick Baverstock, of Cold Harbour Lane, Brixton, a fishmonger—on 26th June the prisoner came into my about 3 o'clock and asked for two bloaters, offering a half-sovereign in payment—I took it to my husband, who bent it—the prisoner said he got it from the meat stores and if I would return he would try and get it changed—he then gave me half a crown and I gave him a 2s. piece change—another man was with him—I do not know what became of him.
Cross-examined. I never saw the prisoner before.
JOHN FREDERICK BAVERSTOCK . my wife brought me the half-sovereign; I found it was bad—I asked the prisoner where he got it—he said at the meat stores in Cannon Street—I told him to take it back—I bent it and straightened it—I spoke to my boy Anslow and afterwards saw the prisoner in custody.
Cross-examined. I did not go far; I did not go into the pawnbroker's.
HENRY HAWKINS . I live at 85, Poplar Walk Road, Brixton, and am manager to Mr. Baker, of 214, Cold Harbour Lane—on 26th June the prisoner came into our shop to inquire about a pawn ticket—I could give him no information—he then asked me if the half-sovereign was good—I said "You can see with half an eye it's a duffer"—he said he had been to Baverstock's and offered it and it was refused, and to a beer-shop—the prisoner had pledged something the day before.
ANN SEEKINGS . I am clerk to Mr. Gliddon, of 186, Cold Harbour Lane, Brixton—the prisoner came on 26th June and asked for a steak which would come to 5d. or 6d., and offered a half sovereign in payment—-Mr. Gliddon asked where he got it—the prisoner said "At the meat stores"—I gave it him back, he left the steak saying he had no other money—a policeman brought him back in about a quarter of an hour.
DEBORAH MEEKINGS . I keep the Southern Doves public-house, in Cold Harbour Lane—the prisoner came on 26th June and asked for half a pint of beer, and gave me half a sovereign—I found it was bad—he said he had it from his master, and gave me a florin and I gave him the change.
Cross-examined. I knew him by sight.
THOMAS KING (Policeman P 193). I took the prisoner into custody, and found on him 1s. 6d. in silver, and 5 1/2 d. in bronze, and I think three bloaters—Mr. Gliddon identified him—I took the prisoner to the meat stores; they knew nothing of him.
Cross-examined. A large number of people attend the meat stores; then were thirty or forty there—the prisoner was sober—he was excited—he gave his right name and address—I found no half-sovereign on him.
NOT GUILTY .
669. JOHN ELLIOTT (29) , Being found by night without lawful excuse, having in his possession implements of housebreaking. Also breakup and entering the church of St. James', Hatcham, with intent to commit a felony.
MR. M. WILLIAMS for the prosecution offered no evidence.
NOT GUILTY .
MESSRS. M. WILLIAMS and HORACE AVORY conducted the Prosecution; and MR. STRAIGHT the Defence.
WILLIAM EAST (Policeman P 64). I was on duty on the night of 13th July, near St. James' Church, Hatcham—about 10.25 I heard a noise in the church like something falling—I went to the north door and saw the prisoner peeping out—he closed the door in my face as I was going to it I told him if he did not open the door I should burst it open—he opened the door and I went in—I asked him what he was doing there—he said "Nothing"—by the aid of my lamp I saw the implements produced lying on the font and close to the confessional box—I asked the prisoner if they belonged to him—he said "Yes"—I told him I should take him into custody for being there for an unlawful purpose—I then saw that the confessional box was very much disarranged, it was all to pieces, except the back part which was up against the wall—I took the prisoner into custody and also took possession of the tools—the prisoner said "Do not lock me up, let me go and see Mr. Fry"—Mr. Fry is the churchwarden elected by the parish—I said it was on my way to the station, I would call on Mr. Fry—on the way the prisoner said he had been to a carpenter's job in the St. Donat's Road, but the people were not at home—I think he said Smith was the name—I went to Mr. Fry's, and Mr. Fry and the prisoner went back with me to the church—I sent for Alexander Jewell, another constable, who came and made an examination of the church—we searched on the second occasion to see if there was anybody else in the church and found nobody—we shut the door, but the lock would not catch—I saw two men in the St. James' Road before I went into the church, that is near the church—I then went for the verger, Mr. Campbell, and took the prisoner to the station and charged him.
Cross-examined. I do not know the names of the two men I saw—I was on duty there in July—I might have been in May, I do not remember the church being broken into by Mr. Tooth—Mr. Webb is the other church-warden—he lives in the St. James' Road—Mr. Fry lives in the New Cross Road—I found the tools about 3 yards from the door—I never attended the services—the prisoner told Mr. Fry that the door was open—Mr. Fry did not take the prisoner into custody or give him in charge.
ALEXANDER JEWELL (Policeman P 22). I was on duty on the night of the 13th July, in St. James' Road, Hatcham, and in consequence of what was said to me, I went into St. James' Church—I found East with the prisoner and Mr. Fry and another gentleman—I asked what was the matter, East said he had found Elliott in the church, and some tools, which Elliott owned
—I asked what he had done with the tools—he said he had taken them to Mr. Fry's house, where he had taken the prisoner first, and that Mr. Fry had come back to the church—I examined the church to see if any one else was there, and to see if the doors and windows were fastened—they were all fastened except one—no one else was in the church—I sent East for the tools—I examined the confessional—it was all broken up except one side, which was standing—I compared the marks on the confessional with the tools, and they corresponded—I showed it to Mr. Fry—the injuries appeared to me to have been recently done—Mr. Webb then came to the church—I asked him in the prisoner's presence if the confessional was in the same state as when he last saw it; he said no, but that it had been completely destroyed since then—I then sent for the verger, who came, and said he had locked up the church securely—I asked the prisoner what he was doing there—he said he was passing and tried the door, and found it opened and went in to see what was the matter, when the constable came and tried the fastenings—I asked him what he got the tools for—he said he had been to do a job for Mr. Smith—I asked where Mr. Smith lived, and took out my book to put the address down—he said in St. Donat's Road, but he did not know the number—I asked if he bad done the work—he said Mr. Smith was out—this was about 10.30 p.m.
Cross-examined. I do not know Mr. Smith Clark, a doctor living in that road—I believe the prisoner is a carpenter, but I do not know him.
WILLIAM CAMPBELL . I am an attendant at the church—I was present on the evening of 13th July—there was choir practice, which concluded about 9.30—I went round and fastened all the doors securely before leaving—I went out by the north door and locked it—I delivered the key of this door to Mr. Fry, at his house—the prisoner had come to the vestry that evening during the practice, and given a Mr. McClure ft note—Mr. McClure had come to see Mr. Fry—I was not there two minutes; he did not enter the church at all—that was about 8.15—I was called up about 11.30—I was in bed—I went to the church—I entered what is called the confessional door with the policeman—that is not the north door, but just adjoining it—I had tried that door before I left—it had not been unfastened—I found Mr. Fry, Mr. Webb, the prisoner, and a constable there—I saw part of the confessional lying about.
Cross-examined. I have been the verger about six months—the sides-men are named Soliaque and Saunders—I remember an entry being made by Mr. Tooth on a Sunday morning, I cannot give the date—I did not witness the service which was then said to be held—the bolt of the lock of the door 1 went in at does not shoot home—it has been found open about four times, and appeared to have been opened from the inside—my opinion is some one had been concealed in the church—the door has been found open once since the prisoner has been committed—I attend the services as the attendant of the church—Mr. Davison and the Revs. Tait and Gardner hold the services there—the confessional was put up before I went there—many of the congregation go and have a shove at it after the morning and evening services—I mean they shake it, either from curiosity or novelty or hatred, or something—the confessional has been broken before the 13th July, and pieces were lying about—there is a seat in the confessional—I cannot say who it is for, I never tried it—about three weeks before the prisoner was taken into custody the organist got into it, and it all fell about him—it had been previously loosened and the two
sides fell off—this photograph is correct, the doors are open, it represents the condition in which the confessional now is, except that it is more dilapidated—I did not examine it that night exactly, I had seen it not Ion* before—I saw it then—I cannot tell the value of the injury, but it has been done some time—I can discover no difference in it from what it was before the prisoner is alleged to have done it.
The Jury here stated they were satisfied from what the witness had jut stated that the prisoner was not guilty, but MR. WILLIAMS mid he had other evidence.
Re-examined. I never saw the congregation use chisels or other instruments—I cannot say the confessional is the same as it was before the 13th, but I cannot discover any difference; I saw it eight or ten days before—the policeman examined the chisel marks—I saw them—I did not examine them ten days before.
RICHARD RELF (Police Inspector P). I received information that articles were missing from St. James' Church, Hatcham, about 10th July, and I went to search, I examined the confessional, it was in a perfect state, except that the hangings and rods were missing, and a portion of a panel and the bead work were gone—I saw it again last Sunday—it was all to pieces.
Cross-examined. The 13th of July was Friday—I was there on the following Tuesday—the doors were not then off, they were on the Sunday—the seat was there, I looked at it and under it—the Commandments bad been buried under the floor of the church, but were then put back; I did not notice the fastenings.
Re-examined. The confessional last Sunday, was in nothing like the same state it was in before the prisoner was apprehended.
ROBERT ALEXANDER WEBB . I am one of the churchwardens—I saw the confessional on the Sunday previous to the 13th July; it was then damaged but not materially—on the 13th I saw it again; it was almost wrecked—I should think considerably over 5l. of damage had been done to it in the interim—the damage that had been previously done was to the beading, the top wood-work, and the brass rods, and I think one of the doors was unhinged, but or) the 13th it was almost smashed to pieces—this photograph does not represent it as found on the 13th.
MR. WILLIAMS, at the suggestion of the Court, here withdrew from the prosecution.
NOT GUILTY .
Before Mr. Justice Field.
671. SAMUEL GILBERT PACKER (41) , Unlawfully obtaining goods on credit within four months of his bankruptcy, under the false colour and pretence of carrying on business and dealing in the ordinary course of trade.
The Jury being unable to agree, were discharged without giving any verdict ,
ADJOURNED TO MONDAY, SEPTEMBER 17TH, 1877.