CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 19TH, 1877.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
STEVENS & SONS, 119, CHANCERY LANE, E.C.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTIES OF MIDDLESEX, BERKSHIRE, ESSEX, HERTFORDSHIRE, KENT, SURREY, AND SUSSEX, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Pursuant to an Order in Council of 23rd October, 1876, issued under the Winter Assize Act,
Held on Monday, November 19th, 1877, and following days,
BEFORE THE RIGHT HON. THOMAS SCAMBLER OWDEN, LORD MAYOR of the City of London; The Hon. GEORGE DENMAN , one of the Justices of the High Court of Justice, Queen's Bench Division; The Hon. Sir HENRY HAWKINS , Knt., one other of the Justices of the High Court of Justice (Exchequer Division); Sir THOMAS GARBIEL , Bart.; Sir THOMAS DAKIN , Sir, SIR ANDREW LUSK , Bart., M. P., Aldermen of the said City; The Eight Hon. RUSSELL GURNEY , Q. C., M.P., Recorder of the said City; Sir FRANCIS WYATT TRUSCOTT , Knt.; HENRY EDMUND KNIGHT , Esq., other of the Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
OWDEN, MAYOR. FIRST 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 lad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
NEW COURT.—Monday, November 19th, 1877,
Before Mr. Recorder.
MR. BAGALLAY conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
JOHN AIREY . I am a scrivener, at 57, Bishopsgate Street—on 24th January the prisoner, who is a farmer, and who had previously applied" to me for a loan of 150l., which I refused, came to me and said that the past winter had been very bad, and he required money to buy extra stock—I asked him the amount of his debts and liabilities—he said that hey did not exceed 100l.—I told him he would have to make a declaration before a Commissioner, as he had done before, he agreed, and the form was filled up in my office—I then sent him with a clerk to a Commissioner—this is it—it was brought back to me signed—the body of it is my clerk's writing, and the signature is in the prisoner's. The defendant's promissory note was here put in, dated 29th January, 1877, for 133l. 6s. 8d., payable by ten consecutive monthly instalments, the whole mount to become due immediately in default of any one payment. Also a bill for 300l., dated the same day, to secure the payment of the 133?. 6s. 8d.) I then gave him this cheque (produced) for 80?. and a receipt for 20?. more, which he owed me, making together 100l.—I afterwards received notice. of the prisoner's petition for liquidation. (This was in the Oxford County court, dated May, 1877, and stating that his debts amounted to 1,100?.) I heard the defendant examined—he said that his debt to his sister, who sided with him, was out of date by the Statute of Limitations, being ore than six years old, but that he was not aware whether he had paid interest on it—a certificate that she was too old to attend was produced the police-court—he acknowledged that the bulk of his other debts had accrued before the end of last year—a bill of sale was given as collateral purity if the promissory note was not paid—that bill of sale has proved
useless—he has not paid me any portion of the 80l.—he paid me 20l. but that was off a sum of 50l. which was not concerned with this—he had (a further advance afterwards.)
Cross-examined. I have been a scrivener two years—I succeeded Mr. Muir—the prisoner lives at Stow-in-the-Wold; he is an innkeeper and farmer—the first amount was obtained from Mr. Muir and myself jointly there was an agreement between us, I do not know whether you call i' a partnership—the prisoner did not say that he was unable to pay me—I charged him 33l. 6s. 8d. for the transaction—I gave him the statutory declaration to read as I had done on previous occasions—it was my invariable rule—the matter did not require a solicitor, but I had a solicitor before I took out the summons for fraud at Oxford, Mr. Newton, of Moorgate Street—I swear that I believed Oxford was the proper place to take it out—I did not tell the prisoner I would have him up at the Old Bailey, or anything of the kind—I never saw him after the summons was taken out at Oxford—I do not know Mr. Higgins, the receiver under the bankruptcy—I remember the gentleman who was in possession—that is him—I did not say in his presence to the defendant "Unless you come to some arrangement I shall have you arrested and tried at the Old Bailey and make an example of you"—the defendant's sister has never been examined—I first, became acquainted with the defendant in March, 1876, when I took a transfer of Mr. Muir's portion of the business, and then I had the whole of the business—I said before the Magistrate "In March, 1876, I and Mr. Muir made an advance of 200l.; 150l. was paid"—the 150l. was the consideration given for the 200l.—I also said "A bill of sale was given for the 150l.; a statutory declaration was then made; 180l. was paid off, leaving a balance of 20l., that was the 20l. for which the receipt was given"—the 20l. was not an old affair, it was just due at the time—the prisoner asked me not to register the bill of sale and I said that I would not—before I went to see him in May he wrote to me, when he was in difficulties—I have not got the letter—he had paid me 20l. before that, but that was upon another note—I went to see him on 3rd May, and he said that the Sheriff had seized his horses—I did not suggest that his brother should become security for him—I was the only dissenting creditor as far as I know—the declaration and the whole of the expenses were included in the 133l. 6s. 8d., and my two journeys to Oxford to see him, and everything else—the summons at Oxford was dismissed for want of jurisdiction; a person was sent to Oxford twice—Mr. Muir has no interest in it now.
THOMAS KEMP BROSS . I am Registrar of the Southwark County Court and a Commissioner of Oaths—this declaration was made in my presence by the person who signed it. (Tins was a declaration, signed by John Collett, that the furniture on his premises was his own property, and was unencumbered, and that his debts and liabilities did not exceed 100l.)
WILLLAM JOHN WILDE . On 24th January I was clerk to Mr. Airey—I was present when the defendant called on Mr. Airey, who had refused by letter to lend him 100l.—Mr. Airey said that he would advance him 100l. on the same security as before, and I filled up this declaration at Mr. Airey's request; it was then handed to the defendant to peruse, after which I went with him to Mr. Bross, who asked him his name, and whether the contents of the declaration were true—he said "Yes, quite true'"—I then returned with him to Mr. Airey's office,
where the promissory note and bill of sale were filled up, and the defendant signed them.
Cross-examined. MR. AIREY does a pretty fair business in the money way—I was in Mr. Muir's employment over two years, he has nothing to do with it now; he left, and Mr. Airey took it—I have prepared a good many statutory declarations and do not want much dictation except as to the amounts—I did not go to Oxford to the defendant's farm, nor do I know which of the other clerks went—Mr. Airey went down.
MARY BAKER . I am a widow living at Oxford—I have known the defendant about two years, and have lent him money—I lent him 90l. in December last, and he gave me this promissory note. (For 96l. payable on demand.) This is his writing—on 3rd June I lent him 50l. on this other promissory note (produced)—I have not received any of it back.
Cross-examined. I said before the Magistrate "I voluntarily lent him the money, it was at my suggestion; I took the promissory note merely as a memorandum—I did not look upon it as a matter of business, but as a debt of honour."
Re-examined. I proved those debts in his bankruptcy, because when he came to grief I thought I might as well stand in.
Cross-examined. My brother had very great losses in cattle, and at Michaelmas, 1866, he buried 100 pigs—I did not say before the Magistrate that I had no intention of pressing him for the money.
ALFRED JORDAN . I am manager to Messrs. Morell, brewers, of Oxford—the defendant owed them over 250?. on 24th January, before which date a writ was issued, and 50l. was paid to our solicitors—the writ was issued before 24th January—I have the two bills.
Cross-examined. The money was due on one bill of exchange—the original debt was 100l. advanced, the rest was for goods delivered—I do not think the claim was statute barred in January, 1877—the original debt was 100l. on 20th November, 1870—he paid us 50l. on January 25th, and gave us two fresh acceptances for the balance—he has traded with the firm several years, but does not hold his public-house under the firm—when we sued him he had not given us information as to his position—we put in an execution for 159l.
HENRY COLES . I am clerk to to Mr. Mallam, the defendant's solicitor—I paid 50l. to Messrs. Morrell's solicitor, and 3l. for costs, on account of the debt for which they were suing, and I gave two fresh bills for the balance.
GEORGE CARRETT HOLMES . I represent Mr. John Blake, trading as Shillifer and Blake, wine and spirit merchants—at Christmas, 1876, the defendant contracted a debt with me for 29l. odd, which he has not paid.
THOMAS NOTON . I am the solicitor to the prosecution, and carry on business at 12, Great Swan Alley—I attended the defendant's examination in bankruptcy and cross-examined him, and made some notes of his answers at the time—I cross-examined him as to the debts; I asked him first about Mr. Larnam; who he said was a creditor for 39l., or something of that sort, and he said that it had accrued the previous year—I think I asked him as to his debt to his sister, Mary Collett, and he said that it
was money lent in 1869—I then asked Mm about Mallow's Trustees, and he told me he had been served with a writ about a week before he borrowed the money of Mr. Airey—I then asked him as to his sister Sophia Collett, and about 185l. which he said had been incurred some time, and that he paid the previous year some interest on account—I asked him about the debt of his other relatives—he said that they had been incurred some time before, and he was quite positive he had never said that they were presents and not loans—then I cross-examined him as to some money which he had banked, and as to what had become of his furniture.
Cross-examined. About one-third of the bills of credit are realised—I have been a practising solicitor for ten years—I took the summons out at Oxford, because I heard it was a criminal business, and I was under the impression that Oxford was the proper place—it is only the second criminal matter I have had—I neglected to inquire whether the money was paid in London or not—the only time I saw Mr. Mallam was when I went to meet him at his office—I said nothing about settling the matter then, or at the meeting.
NOT GUILTY .
MR. LLOYD conducted the Prosecution; and MR. STRAIGHT the Defence.
MARY ANN SADLER . I am barmaid at the Pearson Arms, Kingsland Road—on 6th September the prisoner came in and asked for some gin, which came to 3 1/2 d.—she tendered in payment a bad half-crown—I put it in the detector and bent it and gave it to Mr. Stokes.
Cross-examined. It was a very bad one.
BENJAMIN STOKES . Sadler gave me this half-crown—I asked the prisoner where she got it from—she said she was an unfortunate, and a man had given it to her at a coffee-shop over the water—I said that would not do for me, she must give me her name and address—she refused—she was taken to the station—no more bad money was found upon her—she afterwards gave some name which I forget.
ELIZA SABBERTON . My father keeps the Feathers Tavern, in Featherstone Street, St. Luke's—I serve in the bar—on 30th October the prisoner came and had a glass of bitter and a halfpenny pancake, which came to 2 1/2 d.—she laid down a half-crown—I showed it to my father, who put it in the till—when the prisoner left I took it out, there was no other there; we found it was bad—I had seen the prisoner about seven weeks before, when she also passed a bad half-crown.
Cross-examined. I did not serve her then, my mother did—she is since dead.
GUILTY . (She also PLEADED GUILTY to a previous conviction of uttering in August, 1872— Five Years' Penal Servitude.
MR. LLOYD conducted the Prosecution; and MR. RIBTON the Defence.
ELIZABETH GWYER . I am an assistant at the post-office in Russell's Gardens, Kensington—on 26th October the prisoner came and asked for 5s.—worth of stamps, and tendered a half-crown, a florin, and one shilling—the florin was bad—I told her so, and gave it her back, and she gave me a good one and left—my sister, Mrs. Bailey, spoke to George Yates; he went out and brought the prisoner back—I asked her to show me the florin she had given me—she said she had thrown it away—I had frequently seen her before, coming for stamps, and we always found bad money when she left—I asked her how she came by this two shilling piece—she said she had changed a sovereign—I asked where, and she objected to tell me.
GEORGE YATES . I am assistant at this post-office—I followed the prisoner—Mrs. Bailey pointed her out—she stopped and dropped something down a grating—I asked her to come back to the post-office—at first she said "I don't know that I shall," but afterwards she did—I pointed out the grating to the policeman.
FEEDEEICK SIBLEY (Policeman T 178). I was called to the post-office and saw the prisoner there—I asked her to produce the two shilling piece she had tendered—she said she had thrown it away—I said "Then you knew it was bad"—she said she did not—I said "Then you may have thrown away a good two shilling, piece"—she said "For all I know"—I said "Come with me and show me where you have thrown it, if it is good there will be an end of the matter"—she said "I decline to do so "—I said "Will you tell me where you have thrown. it?"—she said "No; I have thrown it away, and that is sufficient—I had just got change of a sovereign, and I suppose I took it then"—I asked her where she changed the sovereign—she made no answer—I took her to the station—Yates pointed out the grating to me—I saw it searched, and this two shilling piece found.
FANNY GODSMARK . I assist my mother, a linendraper, at 4, Russell Gardens—I have frequently seen the prisoner at our shop—about three months ago I served her with a reel of cotton, for which she tendered a bad florin—I returned it to her, and she gave me a good one—she said she had got it in change of a sovereign—on former occasions when she has been we have found bad money in the till.
JOHN WYNNE . I am a draper in Park Road, Clapham—on 13th September the prisoner came for a reel of cotton, and tendered a bad florin—I told her it was so, and said she was very like the person who had passed bad coin before—she said she did not know it was bad, and tendered a good half-sovereign—I sent for a policeman, and gave her in custody—she was taken before a Magistrate, remanded, and discharged—I gave Lewis, the policeman, the florin.
GUILTY —She also PLEADED GUILTY to previous conviction of felony in July, 1875.— Five Year Penal Servitude.
The following Prisoners PLEADED GUILTY:—
4. HENRY HOWARD (21) [Pleaded guilty: see original trial image] ,to two indictments for Burglary, one on the night of 13th October, in the dwelling-house of Frederick William Keates, and stealing 43l. 13s., twenty knives, and other goods; and the other on 19th October, in the dwelling-house of Frederick Andrews, and stealing 30l., having been before convicted of felony—** 'Eight Years' Penal Servitude.
5. JAMES BEEBY (15), and WILLIAM JOHN JOHNSON (20) [Pleaded guilty: see original trial image] , to Stealing, whilst employed in the Post-office, certain post-letters, the property of the Postmaster-General— Five Years' Penal Servitude each.
6. WILLIAM ROBERT BAXTER (48) [Pleaded guilty: see original trial image] , to two indictments for Forging and uttering acceptances to two bills of exchange for 41l. 15s. and 74l. 10s.— Eighteen Months' Imprisonment.
7. THOMAS WILLIAM KNIGHT (17) [Pleaded guilty: see original trial image] , to Stealing ninety-one yards of silk; also to Stealing three ladies' jackets, five ostrich feathers, and other property of Thomas Brown, his master— Eighteen Months' Imprisonment.
8. HENRY TULL (19), and JOHN WESTON (21) [Pleaded guilty: see original trial image] , to Forging and uttering five requests for the delivery of goods with intent to defraud; WESTON having been convicted of felony in June last.—WESTON— Eighteen Months' Imprisonment . TULL— Twelve Month' Imprisonment.
9. CHARLES WILLIAM SNEEZUM (14) , to Forging and uttering an order for the payment of 200l. with intent to defraud— [Pleaded guilty: see original trial image] Judgment Respited. (See half-yearly Index.)
NEW COURT.—Tuesday, November 20th, 1877.
MR. LLOYD and MR. DE MICHELE conducted the Prosecution; MR. WILLIAMS appeared for Knight, and MR. A. B. KELBY for Stokes.
WILLIAM PRATT . I keep the Perseverance beerhouse, Ironmonger Lane—on 30th October the prisoners came in, and Knight ordered a pot of stout and mild, and gave me a florin—I put it in the till—there was no other florin there—I gave him the change, and then he asked for twopennyworth of bread and cheese, and paid in copper—Knight then ordered another pot of stout and mild, and paid with another florin, which I found was bad—I then took the first florin from the till and put the two together under the counter, gave him the change, and sent for a constable—Knight was going, and I told him I wanted to speak to him, and I put the bolt down—he said "What do you want?"—I said "You have been passing bad money"—he made for the door—I took him by the collar, and he dragged me outside and threw me down—I gave him in custody with the florins—the prisoners all drank out of the same pot.
Cross-examined by Wildsmith. You had some bread and cheese, which Knight paid for—you said that it was not the first time you had been at a police-court.
Cross-examined by MR. WILLIAMS. No one was serving but me—I am sure Knight called for the second pot; that is as correct as the rest of my evidence—I do not believe. I have said that Wildsmith called for the second pot—I did not find Knight's discharge from the Army on him.
Cross-examined by MR. KELLY. The prisoners all came in together—I saw one of them leave before I struggled with Knight—they drank by themselves.
WILLIAM HEDGES . I live at 166, Shepherd's Walk—I was in Mr. Pratt's beerhouse, and saw the prisoners and two others—they called for beer, and a florin—was tendered—after that Knight paid twopence for some bread and cheese with two pence; more drink was then served—I saw a florin on the counter, but do not know who put it down—Knight took up the change, and was going out, but the landlord took him on one side; he threw the landlord on the floor, and tried to rush out of the house—I assisted the landlord, and the prisoner was given in charge——he took something from his pocket wrapped in newspaper, which he handed to Stokes, who put it in his pocket; but a piece of paper and a florin fell on the floor, which Dampierre picked up—Stokes disappeared—I saw Wildsmith drinking out of the same pot with the others.
Cross-examined by Wildsmith. You were eating bread and cheese—you never went out.
Cross-examined by MR. WILLIAMS. Five or six other people were there—the landlord bolted the door before Knight caught hold of him—the struggle was outside.
Cross-examined by MR. KELLY. There was a considerable commotion, pushing Knight back—that was after he bolted him in.
JOHN DAMPIERRE . I was in this beerhouse, and saw the landlord touch Knight on the shoulder and call him into the private bar—he then said I have sent for a constable to lock you up for passing bad money," and he put the bolt down—Knight tripped him up, got hold of the bottom bolt, pulled it up, and rushed out, but the landlord held on to him—Stokes rushed out on the other side, and when Knight was stopped he gave Stokes a—round packet wrapped in newspaper—Stokes put it in his pocket, and in his hurry to abstract his hand he pulled out a piece of the paper and a florin with it, which I picked up and gave it to Boyden.
CHAS. BOYDEN (Policeman 32 G). On 30th Oct., about 1.30, I saw a crowd, and a number of people struggling with Mr. Pratt, who gave Knight into my custody for passing bad money—I went inside with him, and saw these two florins, and at the station Dampierre gave me this other florin—I found on Knight twenty-four shillings, three sixpences, and three shillings and twopence-halfpenny in copper.
Cross-examined by MR. KELLY. I have made inquiries about Stokes, but cannot find out anything about him.
STEPHEN MARONEY (Detective G). On 30th Oct. Mr. Pratt gave Wildsmith into my charge for being concerned with others in passing bad money—he said that Knight never passed a florin, only a good shilling—I found nothing on him—I afterwards took Stakes—he said that he-had not been in the beer shop since nine that morning, and did not know what I meant.
Cross-examined by Wildsmith. I did not ask you who paid for the beer, nor did you say that you did not know, but that Knight paid for the bread and cheese—you told me you had been in the telegraph-office taking a message, but I did not go there—I found nothing on you but a knife, but another officer found on you twopence and a telegraph envelope.
Cross-examined by MR. KELLY. I have made inquiries and find that Stokes is employed in Birmingham, on one of the boats of the Grand Junction Canal—I apprehended him on the wharf, and I went on board
his boat, but found nothing there—he came off the boat when I sent for him.
The Prisoners' Statements before the Magistrate. Wildsmith says: "I was out on a messsage for my master and met the others; they asked me to have a drink, and I went in; I know nothing of anything else." Knight says: "I went into the public-house. The first drink was paid for before I went in; I never paid anything but two penny pieces." Wildsmith says: "I wish to call my master, but he is not here; a telegram was received from Birmingham asking for a reply, and the envelope was in my pocket. I took the message to Shepherdess Walk, City Road, and in returning met these prisoners. I said to Stokes 'Don't be away long; I shall have to unload your boat this afternoon,' He asked me to have some drink, which I did, and I had some bread and cheese, but I never saw any money pass. I am employed by Anderson and Kerr, and have worked for the Grand Junction Canal Company sixteen years. I complain that the officer did not go to the telegraph-office to make inquiries."
WILDSMITH— NOT GUILTY . KNIGHT and STOKES— GUILTY — Twelve Months' Imprisonment each.
MR. LLOYD conducted the Prosecution.
SIDNEY JOHN BAKER . I am barman at the Grapes, Fore Street—on 12th October, between one and two o'clock I served the prisoner with a half bottle of seltzer; he tendered a bad half-crown—I put it back on the counter; he picked it up, put down 2d., and walked out—I am sure it was bad—I put it between my teeth.
THOMAS COX . I am assistant to Mr. Harvey, a fishmonger, of Fleet Street—on 23rd October the prisoner tendered a bad half-crown for a glass of' stout—I handed it to my employer, who put it aside—the prisoner drank the stout and walked out, but was brought back.
JOHN HARVEY . My father is a fishmonger of 55, Fleet Street—I saw the prisoner put down a half-crown—Cox took it up and handed it to me, and I handed it to the barman—soon after the prisoner had left we found that it was bad, and I went after him and found him just opposite Shoe Lane—I asked him what he meant by it, gave him the bad coin, and he gave me a good one for it—I took him back to the shop and gave him in charge—the constable afterwards showed me a bad half-crown which I identified as the one I gave to the prisoner—the prisoner said that he must have taken it in mistake—he brought out 7s. 2 1/2 d., and said that he had no more bad money.
Cross-examined by the Prisoner. There was no more money where I put the bad half-crown—I told you in the shop that it was bad, but I did not find it out till three minutes after you had. the change.
WILLIAM EDWARDS . I am assistant to Mr. Edwards, a cheesemonger, of Farringdon Street—I was in Mr. Harvey's shop with a basket on my arm—as the prisoner left the shop with the constable, I felt somebody
touch my basket, heard something jingle, and found a bad half-crown—I ran after the constable and gave it to him.
ARTHUR LAMMIS (City Policeman 433). I was in Fleet Street, and saw Harvey take hold of the prisoner—I went across to them, and saw a-half-crown in the footway close to where the prisoner was standing—I picked it up—this is it—I took the prisoner back to the shop and Mr. Harvey charged him—I searched him at the station; and found two good. half-crowns, a florin, and 2 1/2 d.—I received these bad half-crowns from Edwards.
GUILTY — Two Years' Imprisonment.
MR. LLOYD conducted the Prosecution.
CHARLES LESTER . I am barman at the Carpenters' Arms, King's Cross—on 16th October, between 8 and 9 p.m., the prisoner and another man. came in—I drew them a pot of stout, for which the other man paid in. copper—I saw them changing money about, and then they changed 3s. worth of copper over the bar for silver—the prisoner then called for twopenny worth of gin, and put down a bad florin—Ebbs took it up, bent it, and gave it back—the prisoner took it up and pretended to have dropped something and to be intoxicated, which he was not—he then paid with a shilling—I spoke to a policeman in private clothes who was there, but before that I saw the prisoner pass a florin to the other man, who walked out, but the prisoner remained leaning on the railings pretending to be drunk.
Cross-examined by the Prisoner. The penalty for serving drunken persons-has no influence upon my evidence.
JOHN EBBS . I am barman at the Carpenters' Arms—on 16th October the prisoner came in. with another man and a female—I served him with two-pennyworth of gin, he gave me a florin, I bent it and told him it was bad—he took it up, gave me a shilling, and I gave him ten pence change—he appeared to be drunk—he put his hand down as if he had dropped something close to the other man—the other two went out first, and then the prisoner went out.
KATE WIGGINS . I am, barmaid at the Swan and Horse-shoe, Gray's Inn Lane—on 16th October about 9.30, the prisoner came in for two-pennyworth of gin, he did not appear sober, and I refused to serve him—he then had some seltzer water, and gave me a florin—I put it in the. till where there was no other florin, and gave him the change—Anderson. came in, I looked in the till, found the florin was bad, and gave it to him.
Cross-examined. No one also had access to the till either to clear it or to put money in.
JAMES ANDERSON (Policeman G 281). On 16th October I was in the Carpenters' Arms in plain clothes; and Lester called my attention to the prisoner and another man and a female—I saw the prisoner put a florin on the counter, and. saw Ebbs bend it and go out—the woman went out first and the prisoner followed and stood at the corner of the street ten minutes; he then joined the other two, and they went towards the Swan and Horse-shoe—the prisoner walked as straight as I die, he was,
perfectly sober—I went to the Swan and Horse-shoe, where Kate Wiggins gave me a florin—I then went out, walked along the road, and saw the prisoner coming from the direction of Holborn—I told him I should take him in custody—he said, "You won't, you are no policeman, and I won't be took by you"—he resisted, until I got the assistance of a man in uniform, and then he went quietly to the Swan and Horse-shoe, where Kate Wiggins charged him—I found on him two shillings, five sixpences, eightpence, and some post cards.
Cross-examined. I did not show you my warrant card because you pretended to be drunk.
Prisoner's Defence. I met a man who I knew, with his wife, drank with them, and sold him a ring and received the florin from him—I had no knowledge that it was bad.
GUILTY — Eighteen Month' Imprisonment.
MR. LLOYD conducted the Prosecution.
ANNIE GENTLEMAN . I am assistant at the Refreshment Rooms, King's Cross station—on 26th October, at 6 p.m., I served the prisoner with half a pint of ale—he gave me a shilling, I told him it was bad, he offered me another—which I did not take—he said that I had made a mistake—I said "No, I have seen you here before" (he had offered me a bad florin about a fortnight before, which I returned to him)—I gave it to Hollis.
Cross-examined by the Prisoner. I know that the former occasion was in the middle of September—I did not take a good shilling from you, because you did not have the beer.
MARY DYMOTT . I assist at the refreshment bar at King's Cross—about a fortnight before 27th October I saw the prisoner tender a bad florin—he then had a red handkerchief over his eye—I handed the florin back to him, told him it was bad, and he gave me a good one for it—a fortnight afterwards he came in again for half a pint of beer and tendered a bad florin—I gave it him back—he had a black eye at that time—I told him he had given me one previously—he said that I had made a mistake but I have no doubt about him.
Cross-examined. I did not swear at the police court that I could not swear whether it was three years or three months since I saw you—I did not swear that you had the red handkerchief on the second occasion.
JAMES ARNOTT . I am a passenger guard on the Great Northern Railway—on 10th October, about 4 o'clock, I was in the refreshment-room and saw the last witness serve the prisoner—he tendered a florin—she returned it and said that it was bad.—I had seen him the previous night on the platform, and he was ordered off the station by one of our men.
Cross-examined. I knew by the sound that it was bad, and by its look, as it laid at your feet—it had a heavy leaden sound.
JOHN HOLLIS (Railway Detective). On Saturday, 27th October, I was called to the King's Cross refreshment bar and found the prisoner there—the witness Gentleman said "This man has tendered me a bad shilling"—he said, that it was a mistake—she said "I have seen him twice before,
and on each occasion he has tendered bad money"—the prisoner again said "It is a mistake"—I said "You hear what Miss Gentleman says, you will have to come with me to the police-office," and he did so—he gave his name "George Williams" first, and afterwards "Walham."
Cross-examined. You did not say that you were going to Barnet—you said that you had come to meet a friend from Barnet, and I told you were on the wrong side.
HENRY GRIFFIN (Policeman Y 73). On 27th October the. prisoner was given into my custody, and I found on him two good shillings and 7d. in bronze—Hollis gave me a bad shilling and I asked the prisoner if it was his—he said "Yes"—he gave his name George "Walham—he said "They are a lot of mugs at the station: they did not see me throw them four or five counterfeits away; why did not they collar the other who had the swag with them? I know how to get on with them things, I have been in the P Division myself. I have had more of these cases than you have before you were born"—it is true that he was in the police.
Prisoner. That is all make up. I did not say twenty words to you.
Witness. Yes, you did; another man was with me.
The Prisoner, in his defence, denied knowing that the shilling teas bad, and stated that the policeman ought to be tried for perjury.
GUILTY **— Two Tears' Imprisonment.
BROOKS PLEADED GUILTY .
MR. LLOYD conducted the Prosecution.
WM. PEARCE (Policeman B 430). On 20th October I was outside the Admiral Keppel public-house and saw Weeks go in—I followed her, and saw a bad sixpence taken out of one of the tills—Weeks went out and crossed over to Brooks and another man, to whom she gave something which she had in her left hand—she put it in his coat-pocket—I was" in uniform—they looked across, saw me, and hurried off—I followed them 200 yards and saw Brooks go into the Hour Glass, Fulham Road—I went in and saw him put down a coin and receive four or five pieces in change—Weeks and the man went round a dark corner and waited for him—I ran in and asked the landlady to look in the till, which she did, and took a bad sixpence from the top—I followed the prisoners—they noticed me, and the other man darted off—I took the prisoners, one with each hand, and saw Weeks put her hand in her pocket and throw away something, and one coin which fell on the pavement was picked up and given to me—I took the prisoners back to the public-house, but the barmaid failed to identify them—Brooks said that he was merely buying a box of lights of Weeks—I produce three coins; one I received from Mrs. Emerton, one from the Admiral Keppel, and the third Weeks threw away.
JANE MAY . I am the wife of Alford May, a tobacconist, of Marlborough Road, Chelsea—on 20th October Weeks came in and tendered me a lion sixpence for a newspaper—I told her I could not take it and she took it away—ten minutes or a quarter of an hour afterwards Brooks came in for Lloyd's paper, and laid down a coin—I said "A woman has been in just now with that coin"—he used a bad expression and walked
out, taking the coin—I had seen Weeks in our other shop twice before, when she tendered something resembling a sixpence.
ALFORD MAY . I am the husband of the last witness—on 20th October I saw Brooks leaving my shop—I saw him join Weeks and a man not in custody—I have seen him in my other shop, when he tendered an imitation sixpence.
HANNAH EMERTON . I live at the Hour Glass, Fulham Road—on 20th October a policeman came in, and from what he said I looked in the till and found this bad sixpence—I can almost swear to it, because the policeman bent it—I gave it to him.
GUILTY — Six Months' Imprisonment each.
MESSRS. POLAND and PURCE conducted the Prosecution.
Cross-examined by the Prisoner. We have another customer named Benjamin—I see nothing in the book to make me be have it has not been in the hands of the rightful owner.
Re-examined. This is the pass-book of Benjamin and Co., of 349, Hackney Road—the other customer is Benjamin Brothers, and I believe there is also H. Benjamin.
ANN HARRIS . I am stopping with my brother at the Lord Auckland—in September I advertised for a situation as housekeeper, and got an answer requesting me to go to 438, Hackney Road—I got there about eleven o'clock, and saw the prisoner waiting on the pavement—he said that I was late, and he was in a hurry to go to the City, and was going to hail the next omnibus, and would talk to me on the way—an omnibus came up and I got inside, and he got outside—we went into the City, and got out near the Peabody statue—the prisoner took me to a post-office and asked me what wages I wanted, and my name—he then gave me a parcel about the size of this book, and asked me to take it to 67, Lombard Street—this (produced) is the cover of it—he asked me for the post-card he had sent me, and I gave it to him—I was to bring an answer back to him at 438, Hackney Road, at twelve o'clock, which I agreed to do—I left him and took the parcel to the bank—it was brought to me opened, and I saw the letter in it—I gave full particulars, and afterwards went with the officer Spital, in plain clothes, to meet the prisoner in the Hackney Road—I saw him there where I had seen him before—when he saw me with a constable he ran down a street but was stopped—I had never seen him before, but am sure he is the man.
Cross-examined. We went in a cab part of the way—I did not see you at first when I got out.
ALFRED BLAKE . I am messenger to Glyn, Mills, and Co., of Lombard Street—on 11th September the last witness came there and gave me a parcel in this cover—I took it to the corresponding clerk, who opened it in my presence—it contained a note and this pass-book—I took it to Mr. Thompson, one of our managers.
THOMAS BALLARD . I am corresponding clerk to Glyn, Mills, and Co.—Blake brought me this parcel; it contained this book and letter "237, Hackney Road. Gentlemen, deliver to bearer a small cheque-book for domestic use.—Benjamin and Co." I did not know the general signature of Benjamin and Co., and made inquiries—Spital was sent for and Ann Harris left with him.
JOHN SPITAL (City Detective Sergeant). On 11th September I was called to Glyn, Mills, and Co., and saw Ann Harris there—this book and paper were given to me, and I went with her—when we got near Hackney Road I saw the prisoner in Pritchard Street—I was not in uniform—he walked a few paces and then commenced running—Iran and caught him, and Ann Harris came up directly and said "That is the man"—Cross was with me—I said "We belong to the police; this female says she met you this morning at No. 438 through a post-card she received in answer to an advertisement for a situation; she says you gave her the banker's passbook to take to Glyn Mills' bank"—he said nothing—when we got to the Hackney Road I said "This is the book she says you gave her to take to the bank"—he said "It is a mistake"—I said "she says you went with her to the City, and there gave her the book"—he said "What do you want to know?"—I said "I tell you what she says"—I took him to 341, Hackney Road, and then in a cab to Bow Street—I gave him the order in the cab, and said "You will be charged with uttering this forged order for a cheque-book on Glyn Mills' bank"—he said "Did I give you that order?"—she said "You—gave me the book"—the order was in the book—I found on him these three post-cards, and this piece of paper (produced)—he put his hand forward to take it—I said "Do not touch that"—he said "There is a name on it I do not wish to be seen"—after searching him I left him, and then heard a scuffle, and found Cross endeavouring to take the paper from his hand; it was torn into eight or nine pieces—I told Cross to put them together.
WILLIAM CROSS (City Policeman). I went with Spital—I saw the prisoner take a piece of paper off the table at the station and tear it up—I took the pieces out of his hand and put them together. (This was the forged order to Messrs. Glyn).
BENJAMIN BENJAMIN . I am a shoe manufacturer, of 338, Hackney Road—I carry on business as Benjamin and Co.—the prisoner is my brother-in-law—this is my pass-book—I do not remember sending the prisoner for it on 10th September—he is not connected with my business-in any way, or employed by me—I do not know where he lives—I had seen him a few days or a fortnight before 11th September—this order is not written by me—I had a cheque-book at that time with a number of forms unused—I do not know the prisoner's writing—I should state in fairness to the prisoner, as he is not defended by counsel, that he might have an implied authority to get a cheque-book—he has a brother dying in a lunatic asylum, and he had two sisters in lunatic asylums—he repeatedly came to me for funds, and to other members of the family, and we got tired of it—he asked me for some money, and I said "Go to other members of the family, I have no money left"—he said "Give me a cheque"—I said "I have no cheque; go to the bank and get a cheque if you like"—that was a few days before—I can fairly say that he is not accountable for his actions—I had a cheque-book by me, but I said that to get rid of him—I knew he was in pecuniary difficulties—he came
to me for money—he was always in a position to get money from one member of our family or another.
Cross-examined by the Prisoner. I have not received 1,650l. from your father.
Prisoner's Defence. The book was of no use to me—I have an interest in the business, for my father paid in 1,650/., and I was a partner, and had money when I wanted it—the case has been got up to deprive me of my rights. I have a rightful partnership—my brotherinlaw engaged Mr. Beard to appear for me before the Magistrate, but my witnesses have not been brought forward. I had three witnesses to prove that my father paid in 1,650l. I have paid hundreds of pounds into the bank at various times, which I could have kept if I had been dishonest; and the bankers' clerk admitted, before the Lord Mayor, that I had been there on several occasions. If I was not capable of conducting the business, that is no reason iwhy I should be driven out of my partnership—if I leave here to-day I shall go into the work-house to-morrow—I can prove, by Mr. Goldfish, that between 11 and 12 o'clock on 11th September I was at Bow Road, five miles away—I am as innocent of doing any wrong act as any gentleman in this Court.
GUILTY —Recommended to mercy by the Jury, believing him to he of weak intellect. He was further charged with a previous conviction in September, 1875, to which he
16. STEPHEN HENEY EASTON (18), PLEADED GUILTY to Burglariously breaking and entering the dwelling-house of Henry Robinson, and stealing therein 2l. 10s., a cigar-case, and sixty postage stamps; also to Burglariously breaking and entering the dwelling-house of Charles Collett, and stealing therein 7l., a pocket-book, and other articles; also to Unlawfully doing wilful damage exceeding 5l. to certain gas pipes— Five Years Penal Servitude.
17. WILLIAM BUNABY (20) [Pleaded guilty: see original trial image] , to Burglariously breaking and entering the dwelling-house of Peter Mclntyre, and stealing therein twelve shirts, his property, after a previous conviction in 1873— Eighteen Months' Imprisonment. And
18. WILLIAM BARNES GOEBETT (42) and JOHN EDWARD WARD (23) [Pleaded guilty: see original trial image], the former to Uttering, and the latter to Forging an endorsement for the payment of 23l. 9s. 1d.; also to Embezzling the sums of 23l. 9s. 1d., 12l. 10s., and 26l. 13s. 3d., of Robert McLean, their master;and WARD also PLEADED GUILTY to Embezzling the sum of 13l. 6s. 8d. of his said master— Eighteen Months' Imprisonment each.
THIRD COURT.—Monday, November 19th, Tuesday 20th, Wednesday 21st, and Thursday 22nd.
Before Mr. Common Serjeant.
19. WILLIAM LEACH (44) and HENRY STEPHENSON (44) , Unlawfully Conspiring with Thomas Edwards To Obtain Form Sarah schrader Divers Goods And Chattels, With Intent To Cheat and Defraud. Henry Stephenson was also Charged With Unlawfully Receiving the said Goods. other counts Varied the Form of Charge.
MR. WADDY, Q. C., With MESSES. DUGDALE, BAYLIS, and GILL, conducted the Prosecution; the SOLICTTOR-GENEEAL and MR. BESLEY defended Stephenson; MR. WARNER SLEIGH and MR. WOOLF defended Leach.
The SOLICITOR-GENEEAL demurred to the indictment on the ground that two offences were charged in the same Count, also that there was no description of the false pretence, and referred to the Queen v. Goldsmith in vol in. Law Reports, p. 74, Crown Cases reserved, and The Queen v. John Guthrie, p. 241 of the same vol. MR. WADDY submitted that the Count could be amended under 14 and 15 Vic, c. 100, and that, provided the offence was set out with sufficient accuracy, what the false pretences were was utterly unimportant.
THE COURT, after consideration with BARON POLLOCK and MR. RECORDER, field that the portion of the Count objected to could be treated as a separate Count, and overruled the demurrer also as to the non-description of the false pretence, but as it was a misdemeanour he gave leave to overplead, and a plea of
NOT GUILTY was entered. (See Chapple.)
FITZROY GARDNER . I am a clerk in the Exchequer Division in the High Court of Justice—I produce two affidavits filed on the 4th June,. 1877, in an action of Stephenson and Another v. The Great Western Railway Company, "also three more filed in the same action—one on behalf of! the plaintiffs by their solicitor on 25th May, one on 12th April by Henry Stephenson, sen., and one filed on 17th May by Henry Stephenson.
SABAH SCHBADEB . I am a widow and carry on business as a stationer at 31, St. Mary Axe, under the style of "J. H. Schrader and Co."—I printed this card marked A, and a number of cards like it, also a number of memorandum forms like this (produced), marked B—I printed them for T. Edwards, of 10, Sparrow Corner, who called and asked if; we did printing—upon several occasions after "that Leach came with Edwards, first in July—Edwards said on one occasion he wanted some pocket-books, and Leach said "We had better have half a dozen/-' and Edwards said "Why do you want half a dozen?" and he said "Simply because you know how soon they are filled with orders when they are given to the travellers; we had better have half a dozen," and they had half a dozen—Leach said they carried on the business of tea and coffee merchants at 10, Sparrow Corner—I recollect an order for half a ton of small hand paper, called "cap paper," for which Edwards, in the first place, gave the order, but Leach came afterwards, and ordered a second, half ton, which he said would do, although it was of a different colour, and I was to be sure to send it on at once, as an order was waiting—he wanted it to supply small grocers round about the country—I think that was about 25th July—I supplied part of the order on 26th, and part on 27th—it was to be paid for on 28th, Saturday—they also wanted a set of books, and Leach ordered.—the patterns to be drawn up—they were submitted to him, and we told him we could not make them in less than a week, and he said it would be too long, and they could not wait for them—consequently Leach came with Edwards and selected a number of books and different things, and said he would make them do—they were sent on the 27th, with a copying press and stand—this is the order for them—he said "You may send press and stand at once"—it was to be paid for on the following day, 28th, from 10 to 12 o'clock—I have the invoice—I think it was about 4l.—I was paid 15. by them in June for the memorandum forms and the cards—the articles supplied and not paid for amounted to 34l.—when I
supplied them I believed they were carrying on business at Sparrow Corner, or I should not have supplied them.
Cross-examined by MR. SLEIGH. The first time I saw Edwards was about the 9th June—I saw Leach before the 25th July—I cannot quite tell you the date—Lead said they were tea and coffee merchants—Edwards first said so and then Leach—Edwards told me he was the nephew of Mr. Edwards, who used to carry on business at St. Mary Axe as coffee and spice merchants—he is a very respectable man—Leach came some time in July and ordered some goods—he may have come half a dozen times—I said at the police-court "The prisoner (Leach) came with Edwards on two or three occasions relative to orders for paper and selecting office paper"—I also said, "I received the first orders from Edwards—he paid me for the goods—Leach was present when he gave me the order"—that was not the order when the goods were paid for—that was a further order—Edwards selected the metallic books, but not those pattern books—between that time and Leach's coming in I do not think I had supplied anything but the cards and invoices—Edwards represented on 9th June that he was then carrying on business—I had not then heard of Leach—I believed Edwards and printed the invoice orders and cards.
ALFRED HALL . I live in Bride Street, Whitechapel, and I am apprentice to Mrs. Schrader—I have been four times to the office at Sparrow Corner—three times I saw a person acting as clerk, and once the prisoner Leach and Mr. Edwards, on which occasion I took twenty reams of paper, the remainder of an order which had been delivered—I am not aware that Leach spoke to me—he receipted the receiptnote I took for the paper, and also gave me this order for a copying press and stand, which I took an estimate for—I saw Leach write it—Edwards was sitting in the office—I gave the order to Mrs. Schraders assistant, and afterwards went to deliver the copying-press and stand at Sparrow Corner—I saw the clerk—I did not fix the press as the clerk said he was undecided about the stand—no one else was present.
Cross-examined by MR. SLEIGH. The name over the shop-door in large letters is "T. Edwards" only, no "and Co "-Edwards was at the office once when I went—he was present when this receipt was written—gave both the receipt-note and estimate to Leach because I saw him sitting there—there are two receipt-notes here, one signed by Leach for the twenty reams of paper, and one signed by the clerk—this is Signed for Edwards by Leach, who put his initials.
EDWIN THORNE . I live at 17, Richmond Villas, Seven Sisters' Road, Holloway, and am a cocoa merchant, carrying on business at 46, st. Mary Axe—on June 20th, I think it was, a person representing himself to be T. Edwards came to me and said he wanted some chicory, and ordered and paid for five barrels—he said he was carrying on business at 10, Sparrow Corner—he did not say what he wanted it for—he came on two or three occasions subsequently—the first time he came I showed him some sample boxes of rock cocoa—we had some dummy boxes simply labelled without the goods in them, and he wished me to send half a dozen down to send to his travellers—he paid for them—it was either six or twelve, I am not certain which—at different times he ordered some more chicory, ginger, and cocoa—the second time he
came would be 25th June—he bought two bags of ginger then, I think—I did not see him on all occasions that he came—some of the goods were sold to him by our traveller—he paid for three lots—about 78l. remains unpaid—it—was to be paid the Saturday the shop was sold—I saw him that week and told him that I could not continue the credit without having references, and he said, "I will pay you for all I have had on. Saturday"—that would be the 28th July—all the goods but one lot were sent to Sparrow Corner—I think that one order was given to our traveller, Charles Thompson, and that was to be sent direct to Sheffield, but I should say none of the cocoa was delivered: which ought to have been delivered—the railway company made a; mistake, and delivered the chicory instead—the ginger and chicory; were delivered—I received some orders which were not executed, I suppose to the extent of about 30l.—I did not execute those orders because he had not given us sufficient references—I think they were; all verbal orders—I have seen a similar form to this (exhibit B)—it was: when he wrote first to ask us about the goods.
Cross-examined by MR. SLEIGH. I never spoke to Leach—he took no I part whatever in the office or otherwise—when Edwards came to me and made the representation he did I believed he was individually carrying on business himself as T. Edwards.
CHARLES THOMPSON . I am traveller for Mr. Thorn—I went to 10, Sparrow Corner, and saw there Edwards, and Leach, who was sitting at a desk:—I have seen him twice with Edwards in the street—the first time was 2nd July.
Cross-examined by MR. SLEIGH. I did not give evidence at the police-court—Detective Fluister asked me to come here to-day.
Re-examined. I was at the police court, but not called.
WALTER LANE . I am salesman to McPherson and Co. of 92, Great Tower Street, tea and coffee merchants—about the 20th June last I saw a person giving the name of T. Edwards, of 10, Sparrow Corner, and another person who acted as clerk—I received an order from Edwards for tea amounting to 41l. 2s. 9d., which was delivered and paid for—I came to do business with them because I knew the person who had been there before carrying on the business of a tea and. coffee merchant, so I called there—I afterwards sold, between the 23rd and 27th July, different parcels of tea to Edwards and Co., to the value of 178l. 7s. 11d.—this is the invoice of the teas (marked J)—it is a copy of the original, and was produced before Alderman Lusk—other teas ordered, to the amount of 10l., were not delivered—I have been paid no part of the 178l. 7s. 11d.—I was to have been paid on Saturday, the 28th July—I should think I went to Sparrow Corner about a dozen times—I saw Leach there about six or eight times, when he has been tasting and examining black and green teas of ours—Edwards represented him to me as a friend—Leach advised Edwards to buy some of the teas after tasting and examining them—I went to Sparrow Corner on the 28th July, and found the place closed and barred—on the 1st Aug. I went to Birmingham, and on the 5th I watched the prisoner Stephenson's premises. At Dale End—I had a Birmingham detective with me—I saw Stephenson go into the door of what I suppose was his private house—the servant opened the door—I spoke to him and he walked away—I followed him—he quickened his pace and I quickened mi n—I told the constable to
take him into custody, which he did, and he was taken to the Birmingham police-station—I went with them—he refused his name and address—saw Leach at Sparrow Corner in the first week in July—he was with Edwards—that was the first time I saw him.
Cross-examined by MR. SLEIGH. I swear that—I cannot tell you the day of the week it was—I believe I said at the police-court that it was: the first week in July—I was there eleven or twelve times—Leach did not give me any orders, but he advised Edwards to do so—Edwards told me on one occasion that Leach was his friend.
By the COURT. There was no representation made by Edwards or anybody else that he was a partner.
JOHN ROBINS . I live at 30, Turner Street, Whitechapel, and am foreman to Mr. John Knight Pitt, of the Minories, cork-manufacturer—a person came to me a fortnight before the 28th July, who gave the name of Edwards on a card—he said he wanted some samples of cork for ginger-beer and lemonade manufacturers in the country—this card is similar to the one he gave me—I showed him some samples, which he took away, and he came again about two days afterwards and said he had heard nothing more about the corks—on Saturday, 21st July, he gave me an order for 225 gross—Leach was present—he came with him on the Thursday as well—I asked him if I should send the corks direct, as they were going in the country, and he Raid "No, I will have them down at Sparrow Corner, as I have more goods going with them"—I delivered them there on the 23rd July—when I went there with the corks Leach assisted me with the bale, and another man I had in the shop—the value of the corks was 14l. 11s. 10d., I think—the invoice is not here—I presented an invoice to Edwards—I said "I have brought these corks down, sir"—he said "Yes, they are all right; you tell Mr. Pitt it is a bother for us to draw cheques every day in the week, but if he will look down on Saturday between ten and eleven, I will hand him a cheque"—Leach also said, after I delivered the bale, ""We pay every Saturday"—I said "Well, as you are not going to pay me this morning, you had better give me an order"—Leach said "Won't a receipt do?"—I said "Yes"—that was a receipt for the bale I had delivered—Leach asked the clerk to make out a receipt, which he gave me—we have never been paid for those corks—this is the receipt (produced),"Received, 225 gross of corks, at 1s. 2 1/2 d. For T. Edwards. W. S."
JAMES COLLIER . I live at Chingford, and am assistant to my father, James Collier, chocolate and mustard manufacturer, at 140, Commercial, Street—I was at Sparrow Corner on a Saturday, about the 21st July, when I saw a party I understood to be T. Edwards and two others—Edwards paid me an amount of about 16l. odd—on the following Monday Edwards called to order some more goods—I have no memorandum of them—they were sundry goods, cocoa, mustard, confectionery, and I think chicory—it had been previously arranged that goods bought during any week were to be paid for on the following Saturday—the goods ordered on Monday were to the amount of 50l.—he took a book from his pocket and said he had orders for cocoa which he did not know whether he ought to send, and he appeared to hesitate a little, and then said "Yes, I will have 4 cwt. of yours"—he said he had orders for Thorne's cocoa, but afterwards chose some of ours—I have since seen some of those goods at the Birmingham goods railway-station—I did not see the
address—I had found out to whom the goods were addressed before I went to Birmingham—I have not seen any other part of the goods—those I saw were not in their original state—some were in paper parcels and some in cases—I recognised them as our goods by our labels upon, them—the day I saw them was the Monday following the day Edwards's place was closed, the 30th, I think—we delivered some of the goods by our carts, and others were called for by Edwards's cart—I remember a delivery-sheet being signed for the last parcel—Mr. Wontner has it—this (produced) is not the last sheet signed—it is for some of Edwards's stuff—they were delivered by our own carman at Edwards's place—I remember a small package being sent somewhere near Brunswick I Square, 9, Granville Street—that was Edwards's private address—he; was living in apartments, he told us—I did not see a cart come to our place—I know the-goods were put back and not allowed to be delivered;—it was quite an. accident that they were delivered.
AECHIBALD BULTITUDE . I carry on business with my partner at No. 4, Minories, City, as an oil and colour merchant, under the style of "A. Bultitude and Co."—I think it was on the 16th July that a person I representing himself to be Edwards came to me and handed me a card similar to the one produced marked A—lie said he wanted a small sample of Parker's lead—I said he could not have it—I would let him have some of my own, and he said "Send a sample down," and I sent it to Sparrow Corner, which he paid for—it was a 71b. keg—my boy, who took it, brought the money back, 2s. or 3s.—about three or four days after, I think it was the 23rd July, he came and ordered twenty kegs of white lead, and some red two days after, I believe—he said he would pay cash on delivery if we would allow him some discount—I believe he said he wanted it next day, and as it did not arrive Leach came and asked why it was not sent, and if it were not in soon they would not have it—he mentioned Edwards's name—I said "It will be up to-morrow; the kegs they are making are of a special size"—I said as soon as they were done they should have them—he called again and said if it were not in by Friday he would not have it at all—that would be the Friday after the 23rd—I saw Edwards on the Friday, after the lead was delivered, I believe—I called there as they had not paid the carman, and I asked him for the money, and he said if I called next day for the money I should have a cheque—I did not see Leach on the Friday—I went about 10 o'clock the next morning for the money and found the place closed—I saw fifteen of the casks on a truck at Birmingham when I went there—the North-Western goods station, I believe it was—they appeared to be in the same condition as when they left my place—I was in Birmingham on Monday morning, the 30th.
JAMES REYNOLDS . I am a porter to Bultitude and Co.—on the 24th July I took a 71b. keg of white lead to Sparrow Corner, which I delivered to Leach—another gentleman came in just as I was going away—Leach paid me for the keg—2s. 3d. I think.
Cross-examined by MR. SLEIGH. I am sure Leach gave me the money—I delivered the lead to two parties—I delivered it to nobody exactly—I put it down in the place.
FREDERICK JOHN RUDONOLPH . I carried on business with my brother at 56, Joseph Street, Shad well, as chicory and cocoa merchants, in July—the partnership is in dissolution—in the month of July I received
orders from a Mr. Edwards, of Sparrow Corner—they were to be paid for within the fortnight—he paid for the first lot—I cannot recollect the amount or date of the orders without my book—I can only say there were two or three amounts after the one amount was paid, and then he introduced Wood to me—I did not know I was going to be called to-day, and I left my books in Mr. Wontner's charge, or his clerk's—the other lots were to be paid for within a fortnight after delivery—they were never paid for—Edwards said he opened his place ostensibly to supply his country grocers or country friends because he could supply them better or cheaper—he did not mention any particular town—I think he mentioned Birmingham—I think the amount of goods, including Wood's, was 79l. 1s. 5d.—on the 25th, Edwards came with Leach—he said he introduced his friend from Birmingham—I think he said the name was John Wood; I am not certain whether it was John or not, but it was "Mr. Wood" at all events—Wood laid this card down on the desk. (Head: "W. G. Wood, provision merchant and Italian warehouseman, 257, Broad Street, Birmingham.") I said "When are the goods to be paid"—Wood said "I will pay every fortnight"—I said "They ought to be paid on the 25th," and he said "Well, I will pay on Saturday fortnight," and Edwards said "Do as I do"—Wood said "You don't mind that, do you?"—I said "No," and he said he would send a cheque on Saturday fortnight, would that' do?"—I said "Yes, if you keep to that"—the cheque was to be paid on Saturday—the amount of the cheque was to be about 25l.—20 barrels of chicory were to be sent—we sent seven the next day, the 26th, by Chaplin and Horne, London and North-Western—he said he had been in the habit of dealing with Thorne, of Leeds—I asked Edwards why he did not supply Wood, and he said it was no use, as he could buy cheaper of Thorne, of Leeds—I went to Edwards's place two or three times and found it shut up—I have not the book to see whether I sent the seven barrels off that night.
JOSEPH SELLY . I live at 257, Broad Street, Birmingham, and am a dentist—Leach came to me under the name of Wood, on the 16th July, to take an office, which I let him—mine is a private house—I afterwards received this letter from him marked L—Leach did not come to my house after that—he said he took the office for an auctioneer's business—I think he gave me a card—I have not got it—seven barrels of chicory and coffee were delivered at my house on the 27th July, but I would not take them in, and they were sent back to the station.
Cross-examined by MR. SLEIGH. I believe "Provision merchant" was on the card, and letters were addressed "Provision merchant," but he told me he was going to take the office as an auctioneer's—I don't remember what he said when he gave me the card—there was nothing about "Auctioneer" on the card—he did not say he was going to open a business in Birmingham as a provision merchant; I swear that—he called twice, once before the 16th July, and said "You will see me in Birmingham, on the 16th July"—he said he should come and take the office—he did not say "I am going to open a business in Birmingham, and will come down and settle with you on the 16th July"—it was about three weeks before the 16th that I first saw him, I think about the room—he told me he lived in Birmingham, in the Edgbaston Road—he did not say he was living with his sister—he did not tell me he had been out of
business for some time, or that he had been staying in Birmingham for some months—he did not say he was going back to town—he said nothing about any goods—he wrote me that letter, that is all—he was with me on the 16th for about a quarter of an hour—he agreed to take the room monthly and pay monthly—the room is on the second-floor front—I thought he was going to carry on the business of an auctioneer there—I swear he did not say "My business is that of a provision merchant, and I am going to carry on business on commission in Birmingham."
WILLIAM HOWABD . I am the Secretary of the Tea Company, Limited, of 52, Crutched Friars—in July last Leach brought me this card bearing the name of T. Edwards—samples of tea were shown to him, and a few days afterwards, I think on the 11th, he called and gave us an order which was executed about the 16th, and promptly paid for on the Saturday following the delivery—Saturday is the usual pay day in our trade—I afterwards executed another order to T. Edwards which was also paid for—between the 23rd and 27th July, orders were received from Edwards for tea to the amount of 92l.—these orders were executed, and would become payable on 28th July—on that day I went to No. 10, Sparrow; Corner, in consequence of the messenger returning with a communication, and I found that the place was shut up—I supplied the goods, believing Edwards to be dealing in the regular course of trade—I have never been paid for them—I made inquiries, and in consequence of information I went to Birmingham on Sunday, 29th July—I did not see Leach, Stephen-son, or Edwards—I returned to London—in consequence of receiving further information, I again went to Birmingham on the 1st August, and called at Messrs. Stephenson and Son's, of Dale End, on Thursday, the 2nd, with a Birmingham detective, and Sergeant Fluister, a City of London detective—I had some conversation with the prisoner Stepheuson, in the presence of Fluister—I produced a list and asked him if he had any of the goods named in it—Fluister told Stephenson that we had come respecting some goods that had been obtained by fraud—I had previously made out a list of goods that I and others had lost—Stephenson said, in answer to my question, after looking at the list, "I think I have, will you step round?"—we then went round to the front premises—this is the list—I have made pencil marks of Stephenson's explanations as he gave them as we went through the list item by item—the first is ten boxes of scented caper, marked 591—600, which he said he had sold on the Monday or Tuesday—the same remark was made as to the second item of ten boxes—those were marked 25th and 27th—I did not explain to Stephenson what these meant, but they are the dates of delivery at Sparrow Corner—the next item is "Two chests of Assam tea ex Duke of Buccleuch"—that I have marked "One sold on Tuesday," and "One here"—then "Four chests of tea "Stephenson said he had not received—"Four boxes gunpowder in mats: sold on Wednesday"—" One bale of Cork: here"—"Macpherson and Co. two chests of Assam: sold on Tuesday"—"Thirty boxes caper: sold Tuesday"—"Ten boxes caper: sold Tuesday"—" Four boxes gunpowder: here"—Nine chests of Congou: delivered yesterday and Tuesday"—that means that Stephenson told me they were sold on Tuesday—several items are marked "Here"—one labelled "Thorn and Co." is marked "London, wait"—of twenty-four kegs of mustard seven had been told, and of a number of 14lb. parcels of soluble cocoa, 4 cwt. had been sold—of twenty-eight boxes of pearl
cocoa eighteen—were sold "early this week," and from a barrel of almonds 40lb. had been sold—then of the goods belonging to Mrs. Schrader, of forty-five reams of paper forty were sold—the weight of the whole of the paper was 5 cwt.—some barrels of chicory were at the Great Western Railway station—I asked Stephenson if he had any red lead—he said "No"—I asked him if he had any lying at the station for him—he said "Now you mention it they said something about red lead," meaning that Edwards and Co. had said something—I had not then referred to other people than Edwards and Co. sending Stephenson and Son goods—I said 'All the goods in this list come from Edwards and Co."—I said "We have traced these goods to your place"—that was before we checked them off—I asked him how long he had known Edwards and Co.—he said, "About six weeks"—I said, "Have you ever seen Edwards"—he said upon two or three occasions when he had paid him money—I then asked him to describe him—he said, "He is a man about my own stature, very dark complexion?"—I said, "Has he a broken tooth?"—he said "Now you mention it I think he has"—I asked him if that was the only person he had seen in connection with Edwards and Co., and he said "Yes"—I turned to Fluister and said "That is one of them"—I then asked Stephenson if he had sold the goods for Edwards or purchased them—he said he sold them for him—I asked him if he was an auctioneer—he said "No"—I said "Do you sell and hand over the proceeds, whatever they will fetch?"—he said "Yes"—I said "Don't they give you any limit?"—he said "No"—I said, "But there is a wide difference in the price of teas"—he said, "Well they never grumble at the price I return them"—I said, "Suppose you don't sell them?"—he said, "Then I take them into stock"—I said, "What, at your own price?"—he said "Yes"—I think after that we went to the counting house and I asked whether he had paid for the goods—he said, "Yes," and produced this receipt (marked G)—it is for 408l. 9s. 5d., dated July 30, 1877, and signed, Pro T. Edwards, W. S." I said "You say you have only seen Edwards, this is 'Pro T. Edwards.' "He looked at it and said "Well, I did not notice that"—after that I asked him if he had any objection to Sergeant Fluister marking it—he said "No"—I asked him how it was paid, he said "Partly by cheque and partly in cash"—I asked him to show me the "heel," meaning the counterfoil of the cheque—he did so—it was for 182l. 12s.—I asked again how was the remainder paid?—he said "In cash"—I remarked "It was a good deal of money to pay in cash," and he explained that having a lot of loose cash in the house he had used it for that purpose—I asked him if the cheque had been paid—he said he did not know, but would send round to his bankers and see—I suggested that he should stop payment of it if not paid—he agreed to do so, and sent his son with a note to the bank—his son returned and said it had not been paid, and that he had stopped the payment—the cheque was drawn on Stephenson's own account—I asked him who consigned the goods to him, and he said "Edwards"—I said "Have you the advices?"—he said "Yes;" and he produced two files of delivery notes, one, I believe, of the Great Western and the other the Midland—as to the advices he said he had heaps of them and he made search for them, both in his counting-house and in the inner office, but he failed to find any—my attention was called to this delivery note which was produced before the Magistrate, and marked F—there were several of that description—I called Stephenson's attention to the name "Marshall" on it
and said "These have been consigned from Marshall, not from Edwards'—he looked at it, and said "Well, I never noticed it before"—he made the same remark as to the others that we found in that name—they are dated in June and July—we brought none of them away—two of them have no names, but are marked "M." in a diamond, which I take to be the trade mark of Edwards and Co., of Sparrow Corner, because it was on small pieces of cardboard, which were tacked on to everything that came from there—I went a second time to Stephenson's with Sergeant Fluister in consequence of a telegram Fluister had received from London from Inspector Bailey, of 26, Old Jewry, "Get goods at railway sent back, those at Stephenson's not to be disposed of. Trace such as have been sold and give notice to parties not to part with them." We showed Stephenson the telegram, and Fluister said "Tell us the names and addresses of those to whom you have sold the balance of the goods"—Stephenson said he would not do so—then he was shown the telegram, for which he said he did not care, but we must bring a great deal more of pressure to bear upon him than that before he would give up the names of his customers, and he said "It would frighten a little grocer to death to go and tell him that he had goods which had been obtained by fraud, but I will write to them and tell them not to dispose of them; or I will jump in my trap and drive round-and tell them personally, which will perhaps be the best way"—he also asked me "How much have you lost?"—I said "I represent about 500l.-worth"—my own loss was about 94l.—one or two other gentlemen went to Birmingham on the first occasion—I gave them information—Stephenson's is a large wholesale place of business with a very varied stock, including, bacon, hams, boots and shoes, macintoshes, pipes, cigars, saddle-cloths, string, tea, coffee, sugar, rice, and cocoa; in fact, I do not think you could mention anything that was not in the place—I said "I should say you must have a very large experience to be enabled to dispose of them advantageously"—he said "I am the only man in Birmingham that can buy for cash and sell for credit, I have goods from all over the country."
Cross-examined by the SOLICITOR GENERAL. I looked for the name of Marshall among the notes—we looked for these consignments, or carmen's notes, because Stephenson could not find the advice notes—this one has M in a diamond on it—I cannot say if it is one I picked out—there is, nothing to identify our tea apart from Stephenson's statement—Messrs. Thorn and Co. had given me the marks and numbers to enable me to identify their goods, and I found those marks and numbers still on—I took the name of Marshall to be the consignor, as I had found out in London that goods were sent in the name of Marshall—the date of the cheque did not excite my suspicion—I told Stephenson, in the first part of our conversation, that goods were traced to his premises. I think—Stephenson volunteered to go through the list with me, and took me round the shop and through the warehouse in order that I might point anything out I could identify.
Cross-examined by ME. SLEIGH. I did not go to Sparrow Corner till I heard it was shut up—one person came to me to give orders, and one person came afterwards—I do not know that I have said that before—I said at the police-court Leach was Edwards, I think; no, I do not think I did—I said "Early in July last a man came to our office and handed me the card produced marked A," and Leach was then in the dock—if
what I said at the police-court is different to what I have said here, that is most likely correct, as it was sooner after the occurrence—I do not know whether I said "He said 'I am T. Edwards' "—I went to Birmingham to find either of the men—I did not say at the police-court I went to find one particular individual. (Deposition read: "When I went to Birmingham I was seeking a person with a broken tooth and a dark complexion; that is a different man from the prisoner Leach.") Mr. Besley used those words, and I answered them affirmatively—I said "He is one of the three persons"—as far as I know, Leach was not in custody when I went to Birmingham—I was not taken to the prison to identify Leach—I came to London with him in the same carriage.
Re-examined. I thought Leach was Edwards; other people thought a man we have not arrested was Edwards; both represented themselves to be Edwards—Leach was the only man I had known, except the man with the broken tooth, who came to hurry the tea—I have not a distinct memory about Leach coming and presenting his card—I got the information from the London and North-Western Railway Company about the goods being sent to Stephenson by Marshall on the 28th July—I was shown a large book—I am able to say that the boxes of tea are identically the same as went out of our place.
JAMES OWEN . I am a salesman to the Tea Company, Limited—on the 16th July I went to No. 10, Sparrow Corner, in consequence of a Mr. Edwards calling for a sample of tea—I saw Leach and another man—Leach gave me an order—the order was supplied and paid for—I went to Sparrow Corner on the 23rd, when Leach approved my sample of tea, and advised the other man to give the order, which was for twenty boxes, value 34l. 1s. 6d.—the order was supplied—I received another order, amounting to 26l. 12s. 5d., on the 24th July, at Sparrow Corner—the same persons were present; and another on the 26th, amounting to 17l. 0s. 6d.—on the 27th, Leach and the other man called at our office, and received an order, amounting to 10l. 14s. 6d.—four boxes of gunpowder and ten of caper were delivered—payment became due on the 28th—I saw some corks brought to Sparrow Corner on one occasion—I went there—Leach was assisting to get the corks into the warehouse—that would be about the 23rd.
Cross-examined by MR. SLEIGH. I said at the police-court that I went to Sparrow Corner on the 16th—I also said that Leach tasted the tea.
Gross-examined by MR. BESLEY. I think thirty-seven packages of tea were not paid for, and twenty-three were paid for—the marks on those paid for were a BB in a triangle, and GC underneath, on ten boxes; the marks of the others I have not here—I can get it—22l. 4s. was paid on Saturday the 21st.
GEORGE BROOKS . I am a carman in the service of Messrs. Chaplin and Horne—on 27th July I fetched some goods from Messrs. Edwards's place at Sparrow Corner—I called accidentally—I received the document produced (a consignment note)—I do not recognise Leach as being there—I gave the document to the clerks at Broad Street station, who took it to Mr. Proudman, the London and North-Western manager there—I took one load of goods at the same time—my cart carries three tons—I went two or three times altogether—a document like that was given to me every time. (Read: "Urgent. London, July, 1877. Messrs. Chaplin and Home, or London and North-Western Railway. Please deliver goods as
under for Messrs. Stephenson and Son, 16, Dale End, Birmingham, marked M. in a diamond, and oblige, A. Marshall." (Then followed a list of goods.) I do not remember how many lots I took.
Cross-examined by MR. BESLEY. This went on for about three days—the pencil mark is what we call the "pro-number."
GEORGE PROUDMAN . I am superintendent of the goods department of the London and North Western Railway—we received this paper when we received the goods (the consignment note) from Chaplin and Horne—the goods were consigned to Mr. Stephenson, of Birmingham.
CHRISTIAN REIMERS . I am a clerk at the London and North-Western station at Aldgate—I received these two papers on the 27th July from Leach. (Two consignment notes, dated 27th July.) The goods were sent to Birmingham—another person was with Leach when he brought the goods, very much like himself—I had not seen the men before.
Cross-examined by MR. SLEIGH. I next saw Leach at the Mansion House, in the Court—I was not called—I saw Fluister there—I did not pick Leach out from others.
HENRY HARRIS . I am a superintendent of the Midland Railway at Royal Mint Street—the two consignment notes produced were given to the carman who collected the goods and took them to the station—they would then be in my custody—it is customary to send such a document with goods to be sent on.
WILLIAM COENHTLL . I am a warehouseman, and one of the firm of Colour and Son—on the 27th July a Mr. Edwards and prisoner Leach called at my premises—Edwards asked about some mustard that was on order—this document was signed "T. Edwards "in my presence—(this was a receipt for goods from James Colour and Son)—they came in a cart between four and five o'clock, as near as I recollect—some mustard was put in the cart—Thomas, my packer, was with me.
Cross-examined by MR. BESLEY. I cannot recollect the dates of delivery—I can tell from the delivery-sheets—I sent the goods out by the carman—the clerks in the office would receive payment—there are no distinguishing marks on the chicory similar to those on the tea.
Re-examined. I gave the goods out to the carman, and the deliverynotes came back receipted.
JOHN THOJIAS . I am a packer at Messrs. Colour's—I remember on the 27th of July some people coming for some mustard, and I assisted Mr. Cornhill to put it in the cart—Leach was in the cart and took the goods.
Cross-examined by MR. SLEIGH. I was at the Mansion House, and saw Leach there for the first time after the delivery—no one told me he was Leach—I heard the evidence—I did not know the prisoner was Leach before that.
HEXKY BECKEKSEN . I am manager to Mr. Armstrong, a carman of 123, Sparrow Corner—on 20th July I delivered to Edwards and Co., at 10, Sparrow Comer, nine chests of tea, on account of Messrs. McPherson and Co.—Leach signed for them—a man who passed as Edwards and another man were also there—I got this document T. Edwards, and Co., 3995-4003 x, Norman Court, F. S. T., 9 chests of tea (Signed) "T. Edwards, 26th July, 1877," and at the bottom "123, Sparrow Corner, Tower Lane. Walter Armstrong, Minories"—that was signed by Edwards—Loach was then in the office, sitting at the table—Leach and
Edwards were talking of the delay in getting the goods—Leach said "McPherson will be down d——d sharp on Saturday morning, although we can't get our goods in"—I told them I would get the goods in as quickly as possible on Friday morning, and left them—Edwards said they wanted to send them to country agents—I sent ten boxes the following day—I was there when the goods were delivered, and got this receipt (This was for ten boxes of tea, signed T. Edwards, per W. S., 21th July, 1877)—I saw Edwards about an hour after the goods were delivered—he and another put them into a cart and drove away down Royal Mint Street—this was about 5.30 on Friday—I did not see them after that till I saw them at the Mansion House—I saw goods removed on the Friday by Chaplin and Home.
Cross-examined by MR. BESLEY. We delivered the tea from the bondedtea warehouse—know nothing about the money.
MR. ST. JOHK WONTNER . I was present at the Mansion House, conducting the prosecution—I have a list of the witnesses—they were all present—Mr. Alderman Lusk said he had plenty of evidence to commit the prisoners for trial, and that it was not necessary to call other witnesses—I then stated that they would be called on the trial.
Cross-examined by MR. SLEIGH. It is usual to give notice of the witnesses intended to be called, and I was giving notice by my statement instead of giving it formally, and Mr. Besley said he did not object.
WILLIAM LLOYD . I am a provision-merchant, at 35, More Street, Birmingham—I am one of the trustees under the bankruptcy of William Augustus Knight—I watched the prisoner Stephenson's premises—on 30th July I saw a man come out and walk up the street and speak to Leach, upon which Leach walked down the street and went into Stephenson's premises—Leach had been standing.
WILLIAM JOHN FLUISTER (City Detective). I received information with regard to these alleged frauds on the 30th July—I went to Birmingham on the 1st Aug.—I was present at Stephenson's with Mr. Howard—I afterwards made inquiries at the railway-station and other places, and told Mr. Howard and others the result—on the 6th Aug. I heard Leach had been apprehended, and was at the police-court—I saw him in the cell on the 5th, and he was taken before the Magistrate at Birmingham on the 6th, and remanded to London—he refused to give me his name and address—I took him to Tower Street police-station, where he was charged by Mr. McPherson's traveller with conspiring with others not in custody to obtain a quantity of tea—he then gave the name of William Leach, of Edgbaston, Birmingham—I produced the telegram before the Magistrate Get goods at railway," etc.
Cross-examined by the SOLICITOR-GENEEAL. I served Stephenson with a summons on the 25th of August at his place in Dale End, Birmingham.
By MR. WADDY. I have not suggested to any of the witnesses the evidence they ought to give or that I wished them to give—I have not taken any impropor part in this prosecution.
HENRY GIBBONS . I am a hop-dealer, of Worcester—a Mr. Leach was introduced to me in 1875 as an auctioneer and general provision dealer of Disley, in Cheshire—I cannot positively say if either of the prisoners is Leach, but I believe the farther one (Leach) is the man—he gave me this card, "T. Leach, auctioneer, valuer, and provision merchant, Disley, Cheshire"—I sent him some samples of hops, and eventually sold him
some for 40l.—I received a cheque in payment—I sent the hops to the-address on the card—about the 20th October I received another order, and I sent hops to the value of 122l. to the same address—they were to be paid for when received—I waited a week and then sent my manager, Mr. Cotterill, to Disley—he returned and made a communication to me, in consequence of which I went to Dale End, Birmingham, and saw Stephen-son at his premises—I cannot give you the date—I saw young Mr. Stephenson first—I told him my business and asked for his father—he said his father would be in in a short time—I asked his father if he had received any hops—I said "My name is Gibbons; a man named Leach, bought some hops from me, but he has not paid for them," and I asked if he knew where Leach was—he said "What Leach?"—I said "Leach. an auctioneer and general provision dealer at Disley"—he said "I did receive some"—I said "Would you oblige me by telling me how you paid for them by showing me the invoice," and he did so—I said "This is the same invoice Leach received from us," and "Of course you have paid for them," and "It is a remarkable thing that these hops should be-knocking about the country and sold to you at the same price as they were purchased from me," and that there must be something wrong somewhere, and he would possibly hear more about it—he said he did not know Leach's whereabouts, as he had only known him a short time—I have not been paid for the hops.
Cross-examined by MR. SLEIGH. A Mr. Tonks introduced Leach to me—Mr. Tonks was a publican at Birmingham—the person introduced to me as Leach was a tall, fair man with thick whiskers and moustache, but clear chin and large features, very much like the prisoner Leach—I came up to London and gave evidence the second day at the Mansion House—I saw Leach in the dock with Stephenson—I saw him before that; in the cell, when I was asked if he was Leach—that was the first time I had seen him since October, 1875—where the cells are is a dismal place.'
Cross-examined by the SOLICITOR-GENERAL. About three weeks elapsed between the second sale of hops and my visit to Birmingham.
WILLIAM COTTERILL . I live at 230, Hackney Road—in October, 1875, I was manager to Mr. Gibbons, of Worcester—the prisoner Leach called upon me in that year—I sold him the second lot of hops—the terms were cash—the amount was 122l.—I believe the prisoner Leach is the man—I sent the hops to Disley—as they were not paid for in about a week I made inquiries at the railway-station, at Stockport, Birmingham, and Disley—found Leach had been at Disley—in consequence of what I heard at Birmingham I went to Stephenson's premises and saw Leach talking to Stephenson in his office—I called Leach out and said "What about the hops?"—he said "I intended to send a cheque; I have been purchasing some cheese of Mr. Stephenson which I am going to sell at Walsall on Saturday, and I will send you a cheque on Monday or Tuesday"—I wished him good-day—no cheque came—I had no difficulty in recognising Leach—I identified him in the cells at the Mansion House—I saw him in the dock first.
Cross-examined by MR. SLEIGH. I cannot recollect who asked me at the Mansion House if I knew Leach—I was taken to the cells and he was asked to come to the front of his cell, and I was asked if he was Leach—I believe he is the man.
at Newgate—his appearance has altered—he had dark hair, no beard, and a heavy black moustache—he gave me an order in April, 1876, for timber to the amount of 102l., and also another order, the amount of which I forget—these orders were supplied and paid for—he called himself a builder—he obtained some timber subsequently, and the firm received a number of bills, which were all dishonoured—I went to Peate's premises on 18th July, 1876, and found them closed, and on the following day I went with Mr. Howlett to Albert Street, where Stevenson had some buildings in the course of erection—I there recognised some of our timber—I also went to Stephenson's shop, and asked Stephenson if he could tell me where I could find Peate—he said he knew nothing about it; Peate had said he was building at Tipton—I went to Tipton, and only found a email cottage being erected—there was 500l. or 600l. worth of timber on Stephenson's works at Birmingham more than would be used in the building.
Cross-examined by MR. SLEIGH. I have come to London three or four times about this case; the last time was about six weeks ago—I went to Newgate the first time—I was told Leach was there—I saw him in the yard between 1 and 2 with six or seven more—I believe Leach is the man, but I cannot swear to him.
Cross-examined by the SOLICITOR-GENERAL. I recognised my timber being emplyed in Stephenson's premises first about 20th July, 1876; I had been there before trying to see Mr. Peate—I cannot give you the earliest date—there were several people there—about tea warehouses of fourstories high were being erected.
Re-examined. The roof was on" some of the warehouses—most of the timber required must have been usen then.
THOMAS MOORCROFT . I am clerk to the Registrar of the County Court at Birmingham—I produce the proceedings in Peate's bankruptcy—I have not the accounts—I don't know anything about a warrant being issued to arrest him—Mr. Sharp is the trustee.
Cross-examined by the SOLIOTTOR-GENERAL. I cannot say if the bankrupt appeared—I should think the landlord of the house in Pershore Street could be found.
JOHN BRAZER . I am managing clerk to Mr. Joseph Crowther Smith, solicitor, of "Wolverhampton—Leach, in August, 1876, came to Mr. Smith's office to take an office; he gave the name of William John Peate, a provision merchant—he took several large rooms and a front office in the Horse Fair, and the name, "Sparrow and Peate," was painted in large letters on the large doors—he took possession on the 14th of August—the firm left suddenly shortly before Christmas—I only saw Leach and a clerk there—I never saw any business done there.
Cross-examined by MR. SLEIGH. I went into the office and spoke to his clerk—I have spoken to Leach several times, but not in his office—the rent was 55l. a year—over a quarter is due.
SAMUEL GLAZE . I am a harness-maker in Dudley Street, Wolverhampton—in the autumn last year Leach traded in the name of Sparrow and Peate—in September or October he gave us an order for saddlery to the extent of about 12l.—I was never paid—I went to his premises—he appeared to be doing business.
Cross-examined by MR. SLEIGH. He said he wanted the saddlery for his own horse—we had some wine and spirits from Sparrow and Peate—I did
not pay because Leach owed for the saddlery—I took him to be the head of the firm.
HENRY RIVIERE . I am agent for La Grande Cognac Company, of 22, Great Tower Street, City—on 14th November, 1876, I received a memorandum by post, and in consequence, on the 17th, I sent a letter to Wolverhampton, and received a reply on the 29th, and I wrote a letter to the address at Wolverhampton on the 30th, and received a telegram on December 1st—in consequence of those communications I sent a hogshead and two quarter-casks of brandy to Messrs. Sparrow and Peate, of Wolverhampton, amounting to about 112l.—I received further orders—the last order was not executed—in consequence of inquiries I communicated with the Great Western Railway, in order to stop the delivery of the "brandy—on the 7th March Messrs. Stephenson and Son commenced an action against the Great Western Railway Company and our Company in respect of the brandy, which is now set down for trial—we have not been paid.
Cross-examined by MR. SLEIGH. I will not swear two cheques have not been drawn upon the Wolverhampton Bank by Sparrow and Peate.
SYDNEY HARRIS . I am booking-clerk for the Great Western Railway at Hockley station, Birmingham—in December last I received three casks of brandy, consigned by La Grande Cognac Company to Sparrow and Peate's order—this is the warrant—the brandy was taken away and signed for by "G. Davis" on the 27th December—I do not know G. Davis—we still hold two casks of brandy.
ISAAC HARPER . I keep the Bell Vaults and a saddler's shop in Dale End, Birmingham—on December 22, 1876, I bought a quarter-cask of brandy, No. 73, from H. Stephenson and Son—Stephenson sold it to me; this is the invoice—the price is 5s. 9d. a gallon—I paid two or three days afterwards—I believe the receipt to be Stephenson's handwriting.
Cross-examined by MR. WOOLF. I wanted Martell's brandy—Stephenson. said he was out of it—I paid Stephenson 200l. last year—we were short of brandy—Stephenson supplied quarter-casks—he wanted 6s. 6d. for it; he said he was a loser by it.
EICHARD BALLARD . I am a solicitor in Clifford's Inn, and am acting for the Great Western Railway Company and La Grand Cognac Co. in the action brought against them by Stephenson and Son—I produce a copy of the amended writ and other papers, including a draft of the interrogatories we administered to Stephenson.
Cross-examined by WOOLF. The action would have been heard but for the length of the cause-list—the action is for the goods, and we get leave to come in and defend, indemnifying the Great Western Railway Company.
Cross-examined by MR. SLEIGH. I am the only person—who receives cheques—Mr. Riviere would hand them to me.
ANNIE MENDONCA . I am the wife of Ricardo Mendonca, and live at 29, Portsmouth Street, Oxford Road, Manchester—I know the prisoner Leach as John—Lea was over the door—he came to lodge with me in January, and stayed about eight weeks—a small man lodged with him—they called each other John, and laughed when they did so—he
left several memoranda and cards behind him, which I gave to Sergt. Black—about a week after he left I went to 18, Lever Street, Manchester—the promises were closed—I nest saw Leach at the Mansion House—I said "This is Lea"—he made a hissing noise at me—there were two saddles brought to my house one night—Leach took one away. the next morning. (The cards, &c., referred to were "E. Lea, wholesale egg and provision merchant, 18, Mensell Street, Manchester," "E. Lea, wine and spirit merchant, 18, Mensell Street, Manchester," "E. Lea, corn and cheese merchant, 18, Lever Street, Manchester," "E. Lea, coal and provision merchant, 18, Lever Street, Manchester")
Cross-examined by MR. SLEIGH. I did not mention about the saddles at the police-court—I was told to tell all I knew—I did say at the police-; court "I went to Newgate to recognise one of the Leas"—I said to a gaoler "There is a man like Lea; I should like to see him again"—Leach looks older than when he lodged with me, and he wears his hair; and whiskers different, and it is darker; it was more red.
WJXLIAM KELLY . I live at 2, Elsley Road, Wandsworth, and superintend the ledger department of Price's Patent Candle Company—in Feb. last I received an older from Edward Lea, of 18, Lever Street, Manchester, on a printed form like the one produced, for twelve dozen wax candles; also on the 21st Feb. another order amounting to 8l. 16s.—the goods were forwarded to the London and North-Western railway-station—they were not paid for, but I had previously to receiving those two orders received an order for a parcel of candles amounting to 4l. 8s., which had been supplied and paid for to our representative in Manchester.
THOMAS BUTLER . I am a carter employed by the London and North-Western Railway at Birmingham—I produce a way-bill dated 26th Feb.—I delivered the goods at Mr. Stephenson's at Dale End, Birmingham, viz., six Casks of jam and four boxes of candles.
GEORGE HOWARD . I am a carman in the service of the London and North-Western Railway Company at Birmingham—I delivered the ten firkins of butter and five chests of tea referred to in this way-bill of 24th Feb., at Mr. Stephenson's, Dale End, Birmingham.
THOMAS GILL . I am an inspector of police at Manchester—I set a watch upon 18, Lever Street, Manchester, last Feb.—the name over the door was Lea—six men appeared to be doing business there—Leach was one—from inquiries I heard his name was Lea—I saw him very often for about three weeks—three men would sometimes watch at the Royal Archer when goods were delivered there—the goods were generally taken away to the London Road railway-station—the directions were first taken off—I saw Leach do it, and a man I saw here yesterday, Gold—I watched Gold go into the small office and commence writing and put fresh cards on the boxes—they were all served in the same way—saw the fresh address; it was "Messrs. Stephenson and Son, Dale End, Birmingham"—that was on the boxes of candles and the casks of jam—they were marked S. in a diamond—about the 26th Feb. I saw 60 boxes go off—according to my book they went to Stephenson's at Birmingham—I followed Leach and another man to Mrs. Mendonea's.
Cross-examined by MR. SLEIGH. I came up to London in the same carriage with Mrs. Mendonca, Mr. Worsley, Mr. Seal, Sergt. Black, and others—I did not hear any conversation about saddles—I don't think the
case was mentioned—I have seen Mrs. Mendonca at her house about this case—Leach is very much altered—I saw him in the dock for the first time in London—his hair is now darker from being damper than it was.
Cross-examined by MR. BESLEY. I said Parkinson for Stephenson at the police-court, and rectified the mistake—I was not asked the destination of the ten boxes.
WILLIAM DAVIS WORSLEY . I am a cashier at the High Street branch of the Manchester Joint Stock Bank, limited—on 29th January an account was opened at our bank in the name of Edward Lea by the payment in of 160l., partly by this cheque for 119l. on Lloyd's Banking Company, signed "Henry Stephenson"—I had previously collected Stephenson's cheque for Lea for 60l.—some of these cheques of Stephenson's were paid into Lea's account—these eleven cheques are drawn by E. Lea.
Cross-examined by the SOLICITOR-GENERAL. "We charge a percentage at the end of the year upon the cheques drawn; that is the practice in Manchester.
Cross-examined by the SOLICITOR-GENNRAL. I did not know Mr. Peate very well—the account was opened by a cashier who is now dead.
GEORGE FREDERICK SMITH . I am ledger-keeper at Lloyd's Banking Company at Birmingham—Stephenson. keeps an account there—these two cheques were drawn there. (These cheques were to Edward Lea, one dated 27th January, for 119l., and one February 3rd, for 9l.) These other cheques produced are drawn by Stephenson—I observe the handwriting of our customer—the "E. Lea" on these cheques I think is the same handwriting as the "Lea" in "Leach" in these letters—I should say that "Thos. Peate" is the same handwriting, and also the signature of "T. Edwards" to this document (The receipt given to Becker son).
Cross-examined by the SOLICITOR-GENERAL. We charged Stephenson interest and commission on his account, as shown by the turnover, which would be about 20,000l. a year—our practice is to keep the cheques.
LUKE JESSON SHARP . I am an accountant at Birmingham—I was trustee under the bankruptcy of William Peate, builder and contractor—the bankrupt did not surrender—I never saw him—he never filed any accounts—in consequence of information I received I went to 18, Lever Street, Manchester, with Inspector Gill—we searched the premises and found some property—I sold it and placed it to the credit of the estate—"E. Lea" was over the door—I found a good many cards and memoranda.
The following witnesses were called for Leach.
GEORGE PORT . I live at 242, Bradford Street, Birmingham, and am manager to Mr. Higginson, plumber and glazier—I remember the contract for Victoria Buildings, in Albert Street, Birmingham—Thomas Peate was the contractor for the wood department—I do not know his address—I have not seen the prisoner Leach before—he is not Thomas Peate.
By the SOLICITOR-GENERAL. I have not the slightest doubt Stephenson is not Peate.
Cross-examined by MR. WADDY. Thomas Peate was introduced to me
as a contractor by Stephenson—I do not recognise Peate in either of these two photographs—Mr. Higginson attends to his own business—he had nothing to do with Peate.
By the COURT. I never—went to Peate's place of business—I looked at the woodwork at the buildings, and told Stephenson it was done badly—my introduction to Peate was in July, 1876—do not know anything of Peate's bankruptcy—I have not traced him, and do not know where he is, or whether he is carrying on business now or not.
By the JURY. Mr. Peate had black hair and moustache, and had very broad shoulders—he was about 40 years of age.
JOHN VILLIERS . I live at 31, Dale End, Birmingham, and am a tailor, and draper—I know Thomas Peate—he was a builder and contractor at Pershore Street, Birmingham—I made some clothes for him—he owes me 7l. 10s.—Peate is not in the dock—I am prepared to give his measurements.
By the COURT. I know he became a bankrupt—I saw him on the Saturday before the Sunday he absconded, towards the end of July.
By the JURY. His age was from 38 to 40—he had a cast in his eye.
RICHARD PARKER . I live at Lower Essex Street, Birmingham, and am a livery stable keeper—I knew Thomas Peate, of Lower Pershore Street, Birmingham—he was a builder—he hired a horse and wagonette and other vehicles of me—I have often seen him—Leach is not the man—Peate owes me 25l.—I heard that he became a bankrupt and absconded.
Cross-examined by MR. WADDY. I only knew him by the name of Thomas Peate—I first knew him about June, 1876—he introduced him-self—he came to hire—I saw him last about three weeks before he absconded—he was a slimmer man than Leach, with black hair and moustache, I but no whiskers—I had a cheque from him—I heard of his absconding in the newspapers—I cashed a cheque from Peate to Taylor for about 5l. or 6l.—at his place of business "T. Peate, builder, Calthorpe Works," I was painted on the wall—Peate did some repairs to my stable—I went I several times to his place of business—I saw five or six men at work, chiefly carpenters.
JOHN-VILLIERS (Re-examined). I never saw Peake write—I received a cheque from him for £3. 10s. about May, before he gave me the last order—it was on the Midland Bank—I don't know if it was his signature—they cashed it—I knew him 18 months.
Witnesses for Stephenson.
ROBERT FREDERICK MATTHEWS . I am an architect, of 32, Parliament Buildings, Birmingham—in 1876 I prepared a contract for Stephenson and drawings for the erection of some buildings, the front of which was done under my superintendence—it was signed in my presence—this is the contract. (This was dated 7th March, 1876, and was between Henry Stephenson and Thomas Peate, and stated that Peate was to complete the buildings in Albert Street, and to be paid by instalments on the certificates of Thomas Matthews.) I am sure the prisoner Leach is not Peate.
Cross-examined by MR. WADDY. I left the names blank—I cannot tell you when I saw Peate last—I never saw Leach before—Peate was a small man with dark hair and a little whiskers, and much slimmer than Leach.
Re-examined. I frequently saw Peate on the works—he was about 5 years of age—the buildings wore about eight months in course of erection
—I do not know anything about Peate's absconding—there was not more timber brought than was required to complete the block—I do not know the Calthorpe Works—the buildings were finished about two months ago.
WILLIAM WRIGHT . I live at 32, Aston New Town, Birmingham, and am a commission agent—this is my signature as a witness to the contract of the 7th March—I saw Peate several times subsequent to the 7th March, 1876, up to last November.
Cross-examined by MR. WADDY. I first saw Peate four years ago when he did some work for me—he was a carpenter, &c., and employed a man to do repairs at the Old Engine public-house at 49. Dale End, which I keep—I now sell Irish whisky and cigars—a complaint was made to me about a beer-engine by Mr. Mason, the owner, when I was at the Old Engine in about 1874—I said I got it from Stephenson—no inquiries were made about it by detectives—I have known Stephenson seven or eight years—I have been Stephenson's clerk and foreman; I represented him at the time the complaint was made, as traveller—the Old Engine was never Stephenson's property—I never saw Leach before to-day—I had no idea whom I should see in the dock.
By the COURT. Peate was a slimmer man, with a dark complexion and dark moustache.
Re-examined by the SOLICITOR-GENERAL. This (produced) is Peate's photograph.
ROBERT BULLET . I am a mason—I had the contract for the stone-work of the building erected by Stephenson in Albert Street—a Mr. Peate was managing the timber-work—frequently saw him—Peate is not in the dock—I have no doubt of it—I was engaged about 12 months in the stone-work—Peate was there five or six months.
Cross-examined by MR. WADDY. This photograph is something like Peate's features—I could not swear to him—I last saw him about September, 1876—he became a bankrupt and disappeared—I never saw Leach before—I did not know whom I was coming to recognise—a Mr. Lea was the foreman of the carpenters.
JAMES GOLD . I am a gun-maker, of Hanley Street, Summer Lane, Birmingham—I visited the Grapes public-house in Livery Street, Birmingham, and saw Mr. Lea there, six or seven months ago—I went with him to 18, Lever Street, Manchester, to be his porter—he was a wholesale merchant—I was with him eight weeks at 25s. a week—he absconded owing me a fortnight's wages—Leach is not Lea—I should know him from 20,000.
Cross-examined by MR. WADDY. This is Lea's photograph—I was working at gun-making last week—I was engaged by Cramp and Co., of Glasgow—they consigned goods to Stephenson—they gave me the sack and vanished—I knew Stephenson about 12 months—I have known his place a few years—I saw him once at 18, Lever Street, Manchester, about a fortnight after we came—I do not know his business there—lie did not help at the work or take the addresses off—I did that—some goods were sent to Stephenson, and we sold some in Manchester—some we opened and some not—I had seen Lea for about a twelvemonth in Livery Street, Birmingham—he appeared to be a gentleman.
him.—I declined—I have seen him at my house several times—I am sure Leach is not Lea.
Cross-examined by MR. WADDY. This photograph is like the gentleman at the bar—it is not like Lea, who was £5. 8in., and had no whiskers under the chin.
SERGEANT BLACK (by MR. WADDY). This is Peate's photograph, who is a brother of the prisoner Leach.
WILLIAM JOHN NICHOLLS . I am goods manager to the London and North-Western Rail way at Birmingham—Stephenson did a large business and transmitted goods from Birmingham and received them from London—in July some goods were lying at the station, which were consigned to Stephenson—they were five boxes of cocoa, three parcels of cocoa, seven casks of chicory, and 15 casks of white lead—Mr. Fluister communicated with me and I went to Mr. Stephenson on other business, and he said "I understand you have some gods at the station that there is some bother about?" I said "Yes." He said "They told me there is something wrong about them, you had better hold them to the order of the consignor." I said "You had better give me that in writing at once," and he gave me this: "To Mr. W. J. Nicholls. Sir,—Please take notice that the goods consigned to us, now at your station, we decline to receive; you had, therefore, better hold them to the order of the consignors.—Yours respectfully, EL. Stephenson and Son." It is dated August 4th.
Cross-examined by MR. WADDY. The goods came on 28th July—I wrote to London and received a reply from the goods' manager that the goods f were consigned by "A. Marshall, London"—we sent them back to London—I have been in my present position eight years—I have been I asked to detain goods before on the same ground—some were consigned I to Stephenson—I cannot give you the name of the consignor—I could ascertain—we could not find Marshall.
Re-examined. Goods have been detained which were consigned to respectable business men—I know of no instance where the goods have not been delivered to Stephenson after inquiry except this transaction.
MARK HUDSON . I am a grocer at Ashtead Road, Birmingham—at Mr. Stephenson's request I went to his shop and was shown his stock and some invoices—the prices on the invoices were fair prices—ginger has fallen in price since July—Collar's cocoa is not so well known in Birmingham as Cadbury's, and would be sold cheaper—I saw some black and green tea; 1s. 9d. was a fair price in addition to the duty.
Cross-examined by MR. WADDY. The cocoa would be a suitable article to sell to command a trade—I do not recollect the names on the invoices—I have lately sold my business, and taken another—I have known Stephenson about four years—I was in business in Birmingham seven years—I never knew Peate, a grocer there, or a cigar merchant—I might have heard the name.
JOSEPH SPENDLER . I am a wholesale grocer of Clifton Road,. Aston, Birmingham—young Mr. Stephenson, after his father was summoned, showed me a portion of his stock which had come from Edwards—I took samples of the tea—the gunpowder is worth 1s. 8d. short, that is besides the 6d. duty, and the Assam 1s. 7d. short—I also saw 30 boxes of ginger which was worth from 36s. to 41s. per cwt.
Cross-examined by MR. WADDY. I have been in business at No. 7, Clifton Road about four years—I never knew Peate, a grocer.
JAMES WILSON . I am a traveller and collector, employed by Stephenson and Son, and live at Waterley Lane, Birmingham—I remember a person coming to the office and settling an account with Stephenson with reference to Edwards—Leach is not he—I heard a conversation between him and Stephenson, and afterwards saw the person go into Stephenson's private office—I have not seen him before or since—I saw some cards there.
Cross-examined by MR. WADDY. No name passed.
HARRY HERBERT JOHN STEPHENSON . I am the eldest son of the prisoner Stephenson, and carried on business with my father for some years—I was 24 last August—my father has been in business at Dale End, Birmingham, as long as I can remember—we have shipping and other orders—the turnover is between 40,000l. and 50,000l. per year—on account of the bankers' charges we are in the habit of paying away cheques—we deal in general goods, such as grocery provisions of all kinds, and wines and spirits, and cigars—we generally buy for cash—I was present when T. Edwards's card was brought—Leach was not the man who brought it—he brought samples of tea, and father looked over them—I was not present when the order was given—there was an invoice—the traveller came several times—he did not give his own name—these 12 invoices came with the goods—I did not know of the name of Marshall till my attention was called to it—it is usual to put the carman's name on the delivery note—each invoice has the usual men. on it, such as "The above are duly forwarded by the Midland Railway Company to your address"—the goods were marked off against the invoices upon arrival—I was present on the 30th of July when the account was made up—the pencillings on the invoices were my father's, and the totals brought forward, and there is the receipt for the payment of that invoice to the amount of 85l. 9s. 8d.—I was present when that was paid, not when the 50l. was paid on account—it is dated July 23, that was on a Monday—both are receipted as cash payments; the 50l. is signed "W. S."—the pencilling carries forward eight invoices, and leaves a balance of 416l. 9s. 3d.—I called over our customer's cheques to my father—I called over the six cheques—175l. odd was paid in gold and silver—this (produced) is a counterfoil of the cheque of the 30th July for 182l. 12s.—the traveller went away with the money and the cheques—there was a small allowance made of 8l. for goods sent which were not ordered—nothing was said about any other goods being at the railway-station—no invoice was sent to my father in respect of the goods which, were stopped at the railway-station—on 2nd August a gentleman came from London at my father's request—I went to the bank and stopped a cheque there—I was present when my father took Mr. Howard through the premises, and the private marks of the original dealers were found on certain tea chests and other things there—they were not separated from the other stock, and my father promised that they should not be disposed of, and they are now as they were when Mr. Howard saw them—I also showed them to Mr. Spendler and Mr. Hudson, and also the invoices—my father was paid 2s. a pound, with the duty, for the Assam tea in chest No. 1101, and 2s. 3d. a pound for the 10 boxes of gunpowder, in chest No. 1331—I cannot recollect when my father was summoned to the Mansion House—Mr. Hudson and Mr. Spendler called two or three days after that—my father entered into contract for buildings in the spring of
1876—the buildings were going on for nearly 15 months—I knew Thomas Peate, a builder, of Lower Pershore Street; he undertook to supply the timber for the building—there was no more timber there than would be required—Peate used to make the stairs, the window frames, and also the wood for the slates—between 1,200l. and 1,300l. was paid to Peate altogether—he had nothing to do with my father's business—I remember a purchase of hops in December, 1875—the prisoner Leach had nothing to do with that—I do not remember seeing Leach at my father's warehouse.
Cross-examined by MR. WADDY. I do not think this is the photograph of the Leach that had to do with my father's business—I do not recognise it—the hops were bought from a Thomas Leach—I may have seen the prisoner Leach, but not to know him—I do not remember it—I believe I have seen him, I do not remember where or when—I never had any transactions with a Mr. Marshall, or any firm or company of that name—I do not remember it; I might forget it—Edwards supplied us with groceries—my duty was to receive goods into stock and sell them—I did not always know where they came from—I may therefore have had dealings with Marshall and not know it—I do not believe I did—the cheque dated 30th July is signed "A. Marshall"—I do not know who that is—we dealt with several people in Liverpool: T. Davis and Co. of Johnston Street, Messrs. Fowler Brothers of Victoria Street, and James Watson—I do not remember any others—possibly I should have known if there had been A. Marshall of Liverpool—my father would not tell me everything he did—I did not always check the goods with the invoices—my father checked some and our warehouseman some—I do not know W. S. Johnson personally—I believe I have seen him—I know a Thomas Johnson, a butcher in Birmingham—he is not the "W. S. Johnson"—I do not know Mr. Ballans—I do not remember hearing of him or seeing him—I have no means here of telling you for what goods that 16l. 14s. of A. Marshall was paid—"W. S." is Edwards's traveller, the man that called at our place—we seldom ask the travellers their names, we are contented with knowing the firms they represent—I do not know George Edwards—I have been a partner with my father since I was 21—I have been in the business 12 years—I cannot tell you who G. Edwards was, to whom my father paid the cheque on 16th Nov., 1876, or the cheque for 15l. on 5th February, 1875—my father ordered goods from Edwards and Co.—I have no press copy of it; it was verbal, and given to the traveller—I do not know the exact quantity of goods that were ordered—about 100l. were sent that were not ordered—I do not know whether Peate was a grocer as well as a builder—I do not remember my father giving Peate a cheque on the building account and another on the groceries—I will not swear he did not, I do not know anything about it—Mr. J. Wood is a butcher, and was on 14th October, 1876—we bought green hams of him—he failed and vanished from Birmingham, but was afterwards convicted as a fraudulent bankrupt—my father dealt with him in 1875 and again in 1876—Samuel Johnson is a butcher in Summer Lane—a Mr. W. S. Johnson, with whom we had transactions, commenced business in Liverpool as the Yorkshire Kitchen Range Company—I do not know what became of him, he may be there now for what I know; I believe he is—I do not know of any inquiries for grates at my father's premises alleged to have been obtained from him and
by him from the Alma Works, at Rotherham—we dealt with him for 12 months—he is the only Johnson we have dealt with—I know Detective Seal—I do nut remember his coming about some grates we had from Johnson—we have some of the grates still, some we have sold by private contract—I know a Mr. John Ward, a horse-dealer—I have seen his writing—he does not write as well as this (looking at a cheque)—I know W. S. Johnson's writing—I think this is his (a cheque)—I do not know that W. S. Johnson was engaged in Edwards's concerns—Samuel Johnson is another person, and is a butcher in Summer Lane—I do not know George Johnson—the two Johnsons in Birmingham are brothers, but no relation to the Johnson who sells grates—I do not know Mr. Edwards—my father never saw him, I believe—I cannot give you the names of our customers whose cheques my father used—I dare say I could find out—Charles Cocks, of Henley-in Arden, is one, and Mr. Crawley in the Aston Road—my father was in America for two years—he returned about 18 years ago—I do not remember Sergeant Spokes coming to my father in 1873 about some Melton Mowbray pies—I do not remember some men starting a place in Birmingham for the sale of musical instruments, or a piano being traced to my father's—I am not aware that three men, Edward Pole, Thomas Evans, and Albert Holland, obtained 400l. worth of oil from Mr. England of Hull—T do not remember Sergt. Black coming about it—I have heard of a Mr. Jenkins, but not of his obtaining a quantity of condensed milk from a firm at Sharlow, near Derby—I do not know that that milk was traced to my father's premises—I do not remember Mr. Jenkins travelled in groceries—I believe my father bought of him, but won't say as to milk one way or the other—I do not remember J. E. Phillip and Co. of Swansea—there is a firm of wine-merchants of that name at Bristol—I know we bought a beer-engine—I don't know who from, or the address of the person—our books are here—they won't Tell me—we do not enter dry goods—the beer-engine was taken to the Old Engine public-house—the house belonged to William Wright—my father had a bill of sale aver the Old Engine—we sell groceries from the invoices—I know a Mr. Knight, a provision-dealer of New Town Row, Birmingham—I do not think he was convicted—I saw him a few weeks ago—we bought goods from him—Geo. D. Robinson, I believe, still carries on business in Birmingham—I believe there was a charge against him for obtaining corks from a Liverpool firm—the corks were not found at my father's premises—we never had them—I did not know Sparrow and Peate—I never saw Messrs. Lea of Manchester—my father saw them—I did not know till this trial that Lea and Peate were the same men—I thought they were respectable trading men.
Re-examined by the SOLICITOR-GENERAL. The cheques produced from October, 1875, to January, 1877, are only a very small portion of the cheques drawn by my father between those dates—I do not know how the prosecution got them—the bank do not return them to us—I had no notice that I should be asked about cheques—I have spoken from memory—I do not believe my father gave up any milk—my father was examined as a witness in the Bankruptcy Court in case of Wood, a bankrupt, and gave his account of the transaction and retained the goods—I forget the date of the sale of the beer engine—the purchaser retained
his right to it and it is still there—Seal and Black are Birmingham detectives—they are both here.
By the COURT. I should recognise Lea if I saw him—I have not seen Peate since he went away.
Cross-examined by the SOLICITOR-GENERAL. I come from Lloyd's Banking Co—the prisoner Stephenson banks there—I was subpœnaed—we handed as many of Stephenson's cheques to the prosecution as they required at the Mansion House; 42 were specially asked for.
Cross-examined by the SOLICITOR-GENERAL. "We had only one account in the name of Peate—certainly not two in the name of Thomas Peate—I should say this is Peate's writing, it looks like it (a memorandum of T. Peate).
GUILTY . LEACH— Five Years' Penal Servitude ) STEPHENSON— Seven Years' Penal Servitude.
OLD COURT.—Wednesday, November 21st, 1877.
Before Mr. Justice Denman.
In this case, the Jury, after hearing Mr. John Rowland Gibson, surgeon of Newgate, found the prisoner to be of unsound mind and unable to plead to the indictment— Ordered to be detained until Her Majesty's pleasure be known.
MR. GRUBBE conducted the Prosecution; and MR. J. P. GRAIN the Defence.
NOT GUILTY .
FOURTH COURT.—Wednesday, November 21st, 1877.
MR. METCALFE, Q. C., and MR. BAGGALLAY conducted the Prosecution.
EDWIN BUTLER . I am a police-officer attached to the General Post-office—on the evening of 19th October I went to Paddington district office about 6.30, and saw the prisoner in a private room—Mr. Stevens was there and Mr. Evans, one of the overseers in the office—Mr. Stevens first put questions to the prisoner about a letter that was missing, and he said he knew nothing about it—I said, "I am a police-officer; let me see what you have about you"—I searched him, and in his trousers pocket I found these two letters (produced) they were unopened, and bore the stamp of the Paddington office of that day—Mr. Stevens asked him what account he had to give of the letters—he said he intended to open them, and keep the contents—before the Magistrate I opened both letters—one is addressed to "Mrs. Jas. Ware, Hammond Green, Pembury, near Tonbridge, Kent," and contains a sovereign and a piece of bread, and the other is addressed
to "Mr. H. Heath, Upper Saint John Street, Lichfield, Staffordshire," and contains patterns of silk and a small key.
ANN RILEY . I live at 60, Portsdown Road, Maida Vale—I made up this letter addressed to Mr. H. Heath, with the contents, on the 19th October, and posted it in the letter box, Clifton Gardens, the same day at about a quarter to 5.
EMILY WAKE . I am servant to Mrs. Evans, 55, Westbourne Terrace—I made up this letter addressed to Mrs. Jas. Ware, and put the sovereign inside some toast in the letter, and posted it on the 19th October, between a quarter to 5 and 5 o'clock, at London Street, Paddington.
ARTHUR WMEVANS . I am overseer at the Paddington branch office, where the prisoner was engaged as sorter—he was engaged there at 5 o'clock, and shortly after 5 on the 19th October a letter posted in Clifton Gardens at 4.45 would come into the Paddington branch, and pass before the prisoner for sorting at about 5.14, and a letter posted at London Street, Paddington, between 4.45 and 5 o'clock on the 19th would be collected by the prisoner—would be brought back from the London Street office to the Paddington branch—it would be his duty to face them up.
CHARLES JAMES STEVENS . I am a travelling officer attached to the Post-office, and am engaged in investigations of this kind—I was present when the prisoner was brought into the office, and saw the letters taken from his pocket—I asked him if he wished to give any account for their being in his possession—he said "I took them to see what was in them"—I said "What for?" and he said "I was going to keep what was in them."
Prisoner's Defence. I was frightened when they put that question to me, I didn't know what I said. I had no intention of keeping those letters.
Lord Archibald Douglas spoke to the prisoner's character, as having been in his Rome for Boys, at North End, Fulham, from 1872 to 1876, where he was a very good boy, and truthful and honest.
GUILTY. Recommended to mercy on account of his youth and the temptation he was subjected to—Judgment Respited.
MR. METCALFE, Q. C., and MR. BAGGALLAY conducted the Prosecution; and MR. HORACE AVORY the Defence.
CHARLES JAMES STEVENS . I am a travelling clerk attached to the Missing Letter Department of the Post-office—on the 23rd October, in consequence of instructions I received, I made up two test letters; one containing 211 penny postage stamps, marked so that I might again identify them, addressed to Mr. James McMichael—I posted them at the S. W. District Office, Buckingham Gate, about 7 o'clock the same evening; and the second letter, containing a first half of a 5l. Bank of England note, of which I kept a memorandum of the date and number; and I also identify it by my own private mark on each half—the police officer has that—they were dispatched from the S. W. District Office about 7.40—some short time after that I proceeded to Chelsea, where the first letter would be delivered at about 9 o'clock, and the second one about 9.30
—I went to the address of the letter containing the stamps, namely, 207, King's Road—it is an heraldic office—the shop being shut up, I stayed in the passage, and a letter-carrier knocked at the door and put two letters through the aperture—the test letter I Dad made up containing the stamps was not there—I then went after the prisoner William James, and saw him deliver the letters in Paulton Square—the other letter containing the first half of the note was addressed to Paulton House—I went to Paulton House and saw the prisoner William James delivering letters there—he passed by Paulton House and turned down Bedford Street into Little Camera Street—he was previously accosted by another man, and they went into Little Camera Street together—he had finished his delivery as far as I knew—I thought, at first, the other man was the prisoner Joseph—they then went into Langton Street—I ascertained afterwards that they went into 31, Little Camera Street, which is where Joseph lives—I afterwards saw "William James and another man go into 33, Langton Street—I would not swear whether it was the same man I saw him with in Camera Street—I was not very close—the next morning I made up another test letter with the remaining half of the £5 Bank of England note, which I also posted at the S.W. District Post-office, Buckingham Gate, the same morning—it would go from there to Chelsea at about 11 o'clock, and would be in the prisoner William James's delivery about 12 o'clock—I went to Paulton Square and watched him delivering his letters—he did not deliver any letter at Paulton House, but passed the door—I next saw him about 1 o'clock, when he went into 33, Langton Street, which is his house, and I saw him come out again between 2 and 3 o'clock—he had on then, a private hat and private coat—lie was in uniform when I saw him go in about 1 o'clock—he was then coming from the direction of Little Camera Street, which would be about five minutes' walk from the limit of his delivery—Butler was with me when I saw him in his private clothes—we saw the prisoner come out and go into a house about a dozen doors off—when he came out of the door Butler crossed over and stopped him inside the gate—I came up and said ""We belong to the Post-office, what have you been in the house for?"—he replied "On business"—I said "Who resides there?"—he said "Mr. Turner"—I knocked at the door and went in and made some inquiries—when I came out, from what Butler told me, I gave the prisoner into custody, and he was taken to the police-station in a cab—I there told him that three letters I had posted were missing—I told him where they were addressed to—he said he knew nothing about them—he was searched and nothing was found on him relating to this charge—I afterwards went with Butler to the prisoner's house, 33, Langton Street—we made a search there, and afterwards went to Joseph Delaney's house, 31, Little Camera Street, and met him coming out of the house—Butler spoke to him—I did not hear what he said—he said "Your name is Joseph Delaney," and he said "Yes"—I walked behind them into the house downstairs into the front kitchen, where Butler put some questions to him, and told him he was a police-officer attached to the Post-office, and that his brother William James was in custody for stealing post-letters and bank notes—he appeared surprised, and Butler said we should have to make a search, and had he anything about him—he said "Yes, two letters and a newspaper," producing them from his pocket, "which I was about to post when you stopped me"—Butler said "We shall have to make a search"
—he said "You are quite at liberty"—Butler said "We will commence with you"—" Oh, no, you won't," he said—I saw something in his hand and seized him by the wrist—we fell over the clothes horse, which was broken, and after a severe struggle, his mother and sister coming to his assistance, I succeeded in getting this paper from his hand, which is black from coming in contact with the bars of the grate (produced)—his hand was almost in the fire when I seized it and got the paper from him, which was the identical bank-note which was in the two test letters, but which had been joined together, and in the struggle had been torn again—it is endorsed "Hy. Thompson, 3, Trinity Square, London, S., Octr. 4, 1877"—that endorsement was not on it when I put it in the letters—it was a perfectly new clean note, except my marks, which were not visible—the letters found on him which he was going to post are in the same handwriting as the endorsement on the note, and the two postage stamps on them I identify as two of the stamps in the letter to Mr. McMichael—they both bear my mark—after I secured the note he was allowed to get up, and Butler searched him and found in his pocket a piece of loose paper with 209 postage stamps (produced), making, with the two on the letter, 211—they are the same as those enclosed, and bear my private mark—I told him I identified them as mine.
Cross-examined. Langton Street is not in the Chelsea delivery at all—I believe it is in the Brompton district—William James came there from the direction of Little Camera Street—Langton Street is about four or five minutes' walk from his delivery—when I saw him in Langton Street he was with some one who appeared to be the other prisoner Joseph—I could not swear it was, but I almost believe it was—we met him in King's Road—it was dark—I did not get very close to him—Butler can speak more to that than I can—he was closer to him—I did not notice the number of the house that William James was coming out of when he was taken into custody—it was the first house from the direction of Little Camera Street.
EDWIN BUTLER . I am an officer attached to the Post-office—on the evening of the 23rd October I was engaged watching the prisoner William with Mr. Stevens—I saw him finish his delivery, and fling his bag across his shoulders and go into Camera Street and meet the prisoner Joseph—I am positive it was Joseph—he did not deliver a letter at Poulton House—I know the addresses of the letters and saw them, viz.: one to Mr. McMichael, Heraldic Office, 207, King's Road, Chelsea, another to Mrs. B. Neville, Paulton House, Paulton Square, Chelsea, and the other to Mrs. Neville also, but not to Paulton House, but Paulton Square—when he met Joseph they went to Little Camera Street—I left them, and afterwards saw William with another man, not the prisoner—on the 24th I saw William come out of his house, 33, Langton Street, at 2 o'clock—I had been in Paulton Square previously—I told him I was an officer from the General Post-office, and I pointed to Mr. Stevens crossing the road, and I said "This gentleman is also from the General Post-office, and wants to speak to you about some missing letters," and we all went on the steps leading to the house—as soon as Mr. Stevens got in the prisoner suddenly jumped off' the stops and tried to get away—I jumped alter him, and caught him him before ho got out of the gate, and he tore his coat in the struggle Mr. Stevens came out and told me to take him to the police-station, which I did, and I then searched him—we went to Joseph's
house, and I said "A police-officer from the Post-office wants to speak to you"—we went back into the house and I said "Tour brother the letter-carrier is in custody charged with stealing letters; I saw you in his company last night—there is some property missing which he has stolen, and I have reason to believe you know something about it." He said "I did meet my brother last night, but know nothing about the letters." I said "What have you got about you?" He said "Two letters and a newspaper which I am going to post." I took those from him and said "Is that all?" He said "Yes." I said "I shall have to make search." He said "Ton are quite welcome to search, where you like." As I was going to search him he thrust his hand into his pocket and went to the fireplace and burnt his fingers by coming in contact with the bars—the ladies came in and a violent struggle ensued—afterwards in his bedroom I was about to search him again, when he became more calm—I took some stamps from his pocket which he said were his own. I counted them, and there were 209.
Cross-examined. The man I saw with William in Langton Street was not Joseph—when I said I was a police-officer and wanted to speak to him, he appeared very willing—when he got up after the struggle he asked me what the charge was against him—Mr. Stevens had previously given me this bank-note—I told him I had reason to believe that he knew something about it, and the the would be charged with receiving these letters from his brother well knowing them to be stolen. He said "I did receive them from my brother, but did not know they were stolen." Some private conversation took place then, and I told him there was half of 150l. Bank of England note missing.
JAMES ELDRIDGE . I am assistant overseer in the Chelsea branch office in which the prisoner William was employed as letter-carrier—he has been in the service about 10 years—I received instructions from Mr. Stevens, and on the evening of the 23rd Oct, in consequence of those instructions, I searched for two letters addressed to Mr. McMichael and Mrs. Neville, which. I found and placed them with other letters on the prisoner William's seat for him to sort—they were not for his delivery that evening, but he should have treated them as mis-sorts, and thrown them out—he left the office about 8.35—they ought not to have been delivered at their different addresses that night by him, but by different postmen—on the morning of the '24th October I locked out for another letter addressed to Mrs. Neville—the bag arrived from the south-west district office at 11.8—there was an unlabelled bundle amongst them—from instructions I received that letter would be in that bundle, and I placed it on his seat to sort, which it was his duty to sort as mis-sorts—he left the office for his delivery at about 11.20.
Cross-examined. His duty would have been to have thrown out those two letters as mis-sorts for his own ground—Hopkins ought to have delivered one and Govier the other—I did not examine the unlabelled bundle on the morning of the 24th, but simply gave it to the prisoner as I received it.
JOHN THOMAS JEBB . I am inspector at the south-west office—I made up an unlabelled bundle, which afterwards went to the Chelsea office on on the 24th October—in it I placed by directions a letter addressed to Mrs. Neville, Paulton Square.
—on the evening of the 23rd October Mr. McMichael's house, 207, King's Road, Chelsea, would be in my delivery—what letters came to me I delivered that evening—I did not see any letter that evening addressed to Mr. McMichael.
HENRY HERBERT HOPKINS . I am a letter-carrier in the Chelsea district—on the evening of the 23rd it was my duty to deliver at Paulton House, Paulton Square—I received no letter for that house—my attention was called to this particular letter—I did not receive it.
ELLEN LEE . I am a servant at Mrs. Neville's, Paulton House, Paulton Square—in consequence of what I heard I was expecting a letter there on the evening of the 23rd October—no letters were delivered that night—in the middle of the next day I was expecting another letter from instructions I had—no letter was delivered—the nest morning I was cleaning the steps about midday when I saw William James pass by without delivering any letter.
HENRY THOMPSON . I live at 5, Trinity Square, Southwark, and am a public-house valuer, and have been there about nine years—there is no one else of that name there—I know nothing of the writing on the back of this note.
MR. METCALFE stated that the Post Office had missed various sums of money, and that the prisoners were found to be possessed to a considerable sum— Eight Years' Penal Servitude. The costs of the prosecution were ordered to be paid out of the funds in the prisoners' possession.
MR. C. M. DENISON conducted the Prosecution; and MESSRS. STRAIGHT and SIMS the Defence.
HENRY COURTHERLY . I am a clerk in the County Court, Clerkenwell—I produce all the papers filed in the case of Beeston and Edwards. (Mr. Straight objected that the plaint note in the action was not admissible, which the Court confirmed.)
ARTHUR ST. GEORGE CUFF . I was formerly an officer in the 100th and the 28th Regiments, and am now retired—I was acquainted with a Miss Amelia Beeston, an aged lady, who consulted me as to the management of her affairs—at the latter end of 1876 I saw the prisoner with reference to some claim that Miss Beeston had against a person named Edwards—in the month of November I sent a letter to the prisoner and told him that as I was conversant with the whole circumstances I would myself take out a summons in the County Court at Islington, and prepare the affidavit, that he might have no trouble in the case until it was called on for trial—I accordingly did take out a summons on behalf of Miss Beeston against Edwards for the sum of 20l., which she alleged he retained in trust for her—I prepared the evidence in the case—i.e., I traced the money, which Edwards denied having received from this old lady, to the account of a lady of the name of Edwards—I afterwards discovered that that lady was Edwards's mother, and so traced the money home to Edwards; which matter I communicated to the prisoner in writing—he was at that time carrying on business as a solicitor at 42, Barnard Street, Russell Square—there was no name on the door or any indication of business being carried on there—I instructed him in the matter of Beeston and Edwards, and he carried out my instructions—
I was present in Court when the action "was tried and judgment went for the plaintiff. (Henry Courtherly produced the Minute of the Judgment of the court, which was afterwards entered in the Minute Book, hit the COURT ruled that a memorandum taken from a Minute Book was not evidence.) I was present when the money was taken out of Court—I was receiving other moneys myself, and the prisoner received 29l. 9s. 6d., and signed the name of Frestone—I took out the subpoenas in this trial against the Registrar or Secretary of the Corporation of the Sons of the Clergy, the Deputy-Manager of the London and Westminster Bank, Bloomsbury Branch, Mrs. Stowell, and Parson, a clerk to Mr. Hankey—the subpoena' on the Secretary of the Corporation of the Sons of the Clergy I served personally, and paid as conduct-money 10s.; a person named Crooks served the one at the bank and paid 5s. conduct-money. (The Court drew attention to the fact that the prisoner in his affidavit bearing on this matter, and in which the perjury was alleged, said that he "caused" those people to be served.) I paid these expenses out of my own moneys, as Miss Beeston's friend in the matter.
By the COURT. I did not pay them without getting them back.
By MR. DENISON. I have never availed myself of the Bankruptcy Act.
Cross-examined by MR. STRAIGHT. I did not when in Ireland make any arrangement with my creditors, nor have I in England—I was never sued for a shilling in Ireland—the only judgment I ever had against me was one registered by his Lordship for 16l. as security, the only judgment in Her Majesty's kingdom.
The COURT. Here is a Prosecutor who goes to a man whom he knew was not an Attorney, no office or anything of the kind, and they go on conducting business together in the County Court, and I am sorry to say such things are done. You will get no Jury to convict.
A verdict of NOT GUILTY was directed and taken accordingly.
MR. GOODMAN" conducted the Prosecution.
FRANCIS LANGFORD (Policeman K.R. 15). On the morning of 17th October, between 12 and 1 o'clock, I was in Little Turner Street, where I saw the prisoner and some women standing in the street—I ordered them away—the females went away and the prisoner walked towards me—I thought he was going to speak to me, and when he came near me he struck me a blow with his fist in my chest—I endeavoured to apprehend him, but he ran away—I saw him again in 20 minutes, and I took him into custody—he struck me a blow with his fist in my eye—he was making a second blow at me when I closed with him, and he threw me down and got on the top of me—I managed to get the rattle out of my pocket and sprung it—he tried to get the rattle away from me and the handle broke off in my hand—I tried to get on my feet and he struck me twice with the rattle, inflicting a severe cut on my head—he then tried to strike me two other blows in my face, which I warded off, and he then struck me in the side—I became insensible, and when I recovered the prisoner was gone—he was afterwards apprehended and I identified him.
Cross-examined by the Prisoner. I was fetched round to Kinnersley Street previously to seeing you—I don't remember whether I saw you in Turner Street after I was fetched round to Kinnersley Street—I don't remember seeing you against the door—I did not go to push you and full all my weight in the street—I was not the worse for drink.
Re-examined. The prisoner kicked me twice as well as striking me.
JOSIAJI SOPER (Policeman K 383.) At about 11.30'on the morning of 17th I went to a public-house and apprehended the prisoner—I said 'Curley, I want you"—he said "You have made a mistake, that's not my name"—I said "I shall tyke you on suspicion of assaulting a constable in Kinnersley Street a little before 1 o'clock"—he said "It's not me"—I said "You will have to go to the station—with me"—he refused to go and I had to get assistance—he was taken to Langford's bedside and he recognised prisoner at once, and he said in. his presence he knew him before.
Cross-examined by the Prisoner. You said your name was James Smith—I did not abuse you—I went to Langford's house before taking you there to know if he would be able to come to the station—he was not able—I left you at the station while I went there.
LAURENCE FRANCIS MAHONEY . I am a surgeon, practising at 300, Commercial Road—I attended Langford and found he had a lacerated wound on the right side of the head, about an inch long; a contused wound round the right eye, what is commonly called a "black eye;" and he complained of pains in the right jaw and chest—he is still under my care.
Cross-examined by the Prisoner. Such a wound could be caused by a fall.
The Prisoner in his defence alleged that the constable first assaulted him, and in doing so fell and injured himself.
GUILTY .— Eighteen Months' Imprisonment.
OLD COURT.—Thursday, November 22nd, 1877.
Before Mr. J tice Denman.
26. JOHN CAEE (48) , Stealing 168 bonds of the Peruvian Government, the property of Lionel Cohen and others. Second Count—For feloniously receiving the same. Other Counts charging him as au accessory before and after the fact.
THE SOLICITOR-GENERAL with MR. POLAND conducted the Prosecution; and MESSRS. BESLEY and J. P. GRAIN the Defence.
The facts of this case were undisputed. The bonds in question were on the 2nd of June transmitted, by the Prosecutors to their customer in Paris. They were safely traced as far as Calais, and were stolen from the train after leaving that place. On the 4th September, a month afterward, the prisoner was-found dealing with them in London, and the question arose as to the jurisdiction of this Court to try the case, the robbery having been committed in France.
THE SOLICITOR-GENERAL, in opening the case, and afterwards in arguing the question, submitted that the Prosecutors never having parted with their property in the bonds, they were still under the protection of the law, and that the subsequent possession of the bonds in this country was sufficiently recent to enable the Jury to find a verdict of larceny against the person who
was dishonestly dealing with them here. The decision of the Judges in Rex v. Prowse, Moody's Crown Cases, page 349, was certainly opposed to this view, but no reasons were given for that judgment, and a doubt as to the soundness of the decision was expressed by MR. BARON PARKE in Beg. v. Madge, 9 Carrington and Payne. THE SOLICITOR-GENERAL also referred to Reg. v. Riley, 1 Dearsley, page 149, and Reg. v. Debreusile, 11 Cox Criminal Cases, page 138. As to the Counts charging the prisoner with receiving, and also as an accessory, the 24 and 25 Vic, c. 94, contemplated a case of this very kind, where 'the original offence was committed abroad, and under those Counts the prisoner might be convicted.
MR. BESLEY, relying on the decision in Rex v. Prowse, supported as it was by decisions in the subsequent cases of Reg. v. Hogetoran, Central Criminal Court Sessions Paper, vol. 79, page 268, and Reg. v. Nadal, vol. 84, page 295, contended that this Court had no jurisdiction, and that the prisoner must be acquitted.
MR. JUSTICE DENMAN. "There can be no doubt that this was a larceny fully completed in France. I do not at all say that it might not be a very reasonable thing that any one afterwards dealing here with property so stolen might make cogent evidence of having received them knowing them to have been stolen, just as much as if they had been stolen in England, but it appears to me that the point has been too solemnly decided for me to give the go-by to those decisions. It has been solemnly decided and acted upon so often that there is no jurisdiction in England to try a case where the stealing has been committed abroad, either against the principal or the accessory, that I have nothing to do but to act upon those decisions, and to direct an acquittal in this case. I entertain no doubt that the case of Rex v. Prowse is directly in point, and Reg. v. Madge fortifies it to the extent of recognising and acting upon it. Debreuile's case also decides that a conviction of receiving under similar circumstances could not be sustained. The prisoner must therefore be acquitted."
NOT GUILTY .
Friday, November 23rd.
27. JOHN CARR (48) was again indicted, with CHARLES MAETIN (61) and CHARLES HEBBERT (47) ,. for Unlawfully conspiring to sell, and dispose of certain securities, with intent to injure and prejudice Lionel Cohen and others.
MR. POLAND for the Prosecution, acting under the decision of the Court in the last case, offered no evidence on this indictment, the facts being precisely the same as in that case. MR. JUSTICE DENMAN concurred in the course taken, and stated that the decision he had arrived at was strongly supported by the case of Reg. v. Debreusile.
NOT GUILTY .
NEW COURT.—Thursday, November 22nd, 1877.
Before Mr. Justice Hawkins.
MR. STRAIGHT conducted the Prosecution; and MR. ST. AUBYN the Defence.
HENRY SNELGROVE . I am a baker of Suffolk Place, Bethnal Green—the prisoner lodged in the same house—I work at night—on 28th Sept., in the afternoon, I was in my bed asleep, and was awoke by the prisoner, who was on my bed, stabbing me—he had a chisel raised in his right hand, making another stab, but I pushed him off the bed—he then
threw a kettle of boiling water at me, and a half-gallon can of cold water—I got out of bed and struggled with him—my wife came up, and he made a stroke at her across my shoulder—I ran downstairs and met a policeman on the stairs—there had been a quarrel between his wife and mine on the previous Friday—I had taken out a summons on the Saturday, and he had words with me about it—he had insulted my wife, and called her out of her name, and she threw water over him—she sent for her husband, and he had a quarrel "with me, after which I could not go upstairs without his insulting me.
Cross-examined. No blows were struck between us; the quarrel was more between the women—I had lodged in the house nine months.
CAROLINE SNELGROVE . I am the wife of the last witness—I heard him call out, went into his room, and found him struggling with the prisoner, who was holding a chisel over his head—my husband threw him aside, and ran out of the room—I think the prisoner had been drinking that morning.
HENRY ROBERT DAY . I heard a heavy fall in Snelgrove's room, went up, and saw him struggling with the prisoner, who had a chisel in his hand—Snelgrove rushed out, and the prisoner's throat was all right then—I went for a policeman, and when I came back the prisoner's throat was cut.
GEORGE PALMER (Policeman 15 K). I was called and found Snelgrove bleeding on the landing—I went into the room, and found the prisoner kneeling on a sack on the floor cutting his throat with a broken table-knife—this chisel (produced) was lying by him all over blood—I struck his arm, and he dropped the knife—I sent for a doctor, and the prisoner was taken to the hospital—there was blood on the sheet and pillow-case.
GEO. STEAD (Police-inspector K). On 28th September I saw the prisoner at the London Hospital—he made a statement to me which I took down in writing. (Read: This stated that being dangerously ill and likely to die he wished to state that Snelgrove had cut his throat and he had struck him with a chisel.)
Cross-examined. I did not hear him say anything about his head being bad or about men around with spears being in the room.
ARTHUR BENNETT . I was house-surgeon at the London Hospital—on 28th September—the prisoner and prosecutor were both brought there—Snelgrove was suffering from seven wounds, one of which went through his cheek into his mouth—another was on his scalp going down to his skull, one on his wrist, and one on his hand—they could all be inflicted with the chisel—the prisoner had a transverse wound on his throat passing into the larynx—he was bleeding freely and in great danger—I brought the edges together and strapped them, but two nights afterwards I found that the wound had been reopened—he said that he had done it because he could not get anything to drink—during the time he was under my charge he was in a very excited condition, and the second time he attempted suicide he appeared to be suffering from delirium, and my impression is that he was suffering from delirium tremens then, but not when he was first brought in—he had no delusions, but he answered questions absurdly, he gave answers which had no connection with the questions.
Cross-examined. I said before the Magistrate "I thought he was deranged;" that was when he attempted to commit suicide, not when
he first came in—there is a great difference between delirium and delirium tremens—he said that Snelgrove came and cut his throat—in my opinion that was a delusion, but my impression is that it was not a delusion then; it was a false statement—I do not think he believed what he stated to me, I think he invented something—he was not delirious, in my judgment, when he made that statement—he made it when he was brought into the reserve room and afterwards in the ward—he was not delirious—I did not consider him delirious till the second night, when he attempted to open the wound—we had to put a straight waistcoat on him and to watch him night and day for several weeks—he was not delirious after the second night, but he was excited—there are different degrees of delirium tremens—it is possible but not probable that the symptoms would go off in one day.
Re-examined. He showed the effects of drink when he was brought in'—I have had. a considerable number of cases of delirium tremens—I gave him a small quantity of wine, believing that a limited quantity would prevent the attack being so great; keeping it from him would hasten the delirium.
The Prisoner's Statement before the Magistrate. "I wish to withdraw the statement I made that Snelgrove attempted to cut my throat."
MR. ST. AUBYN here stated the prisoner had been in the same employment 18 years, that his employer would take him back, and that the prisoner would compensate the prosecutor, upon which Mr. Straight consented to a verdict of
GUILTY of unlawfully wounding . Judgment Respited. (See half-yearly Index.)
He PLEADED GUILTY to the First Count, and also to a previous conviction at Brighton, in March, 1872.
MR. GEUBBE conducted the Prosecution. '
ANSTICE COLES . I am manager to Mr. Ensoll, a hosier, of 160, Fulham Road—the prisoner was in his service six weeks—he lived on the premises, and I slept at No. 146—these four chains, three handkerchiefs, and locket, are Mr. Ensoll's property—I know them by a private mark in my own writing—the prisoner was paid by salary and commission; he had no right to take these things off the premises—I saw him last at the breakfast-table on Sunday, 20th October, about 20 minutes to 9—the articles would scarcely be missed from the stock. '
LEWIS CROFT (Policeman R 14). On Sunday evening, 21st October, I was "' on duty at Charlton police-station, when the prisoner was brought in—I searched him, and found a pocket-handkerchief and purse in his pocket, and these four chains and two lockets inside the front of his trousers—after he was committed I searched his boxes and found some other articles—he said that his name was Johnson, and he was assistant to his father, a hosier in Goswell Road.
Prisoner's Defence. I do not deny that the things were found in my possession—I received 2 1/2 per cent, upon my takings, therefore it was my. interest to make them as high as possible, to stand well with my employers
—I was allowed to purchase whatever I liked, and every article I bought went into my employer's till—I can call Mr. Coles to prove that I saw my friends on Sundays, and was able to make a little money by the things.
ANSTICE COLES (Re-examined). You were engaged by salary and a commission of 2 1/2 per cent.—I can say upon my oath that I have not signed for these articles, nor did I sell them to you—I have signed bills in duplicate which have been made out by somebody who sold them to you—you could not sell them to yourself—whatever goods you bought you paid Mr. Enroll for before me—I can deny that you ever bought things and paid for them, and entered them yourself—you have never mentioned it to me.
By the COURT. These chains are worth about 2s. each, one handkerchief 3s. 11d., the other 2s., and the locket 1s.—he has used this purse; it had money in it, but here is the private mark on it in my writing—I know of his buying a scarf ring and five linen fronts, but I never sold him those things.
Prisoner. Q. Don't you remember saying that Mr. Ensoll was a very suspicious character, and that it would be a very good thing if he had somebody in his employment who would serve him dishonestly, to make his suspicions correct?—A. I don't remember that, but I did say that he was a suspicious character—I have been suspected myself—he was suspicious of his servants—he frequently missed money, and led us to believe that he believed us dishonest—I may have said that it would be a good thing if somebody served him out—I did not know that you were going away; a person sat up for you, but you were not heard of till next day after dinner.
GUILTY — Seven Years' Penal Servitude.
FOURTH COURT.—Thursday, November 22nd, 1877.
MR. HARRIS conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
ALFRED SILVER . I keep the Bunch of Grapes, Bennett Street, Fitzroy Square—in October last I was about disposing of a public-house and I employed the defendant for that purpose as my broker—the intended purchaser paid 50l. deposit into his hands—the defendant told me he had received the deposit—I asked him to give me over the money and he refused—the matter went off and the deposit was forfeited to me—I ultimately brought an action against the defendant, which came on in January, 1877, before Mr. Justice Field—this is the judgment (produced)—debt and costs 95l. 1s.—I ultimately issued execution against him, and a judgment debtor summons was taken out by me (produced), which came on for hearing before Mr. Justice Fry—the date I believe is the 21st September—the defendant applied on that day before Mr. Justice Fry, as also did I—I made this affidavit which was read in his hearing. (Office copy produced and read, which set out the facts relating to the payment of the 50l. deposit, and that judgment was recovered against the defendant on the 16th July, 1877, for the debt and coats.) The defendant was then sworn and
admitted the correctness of the affidavit, and said he had received a few smaller sums besides—he was risked what he had done with the money, and he said he paid 70l. into the Court of Chancery since the date of the judgment in a suit by his late partner, Fletcher White, and since the date of the payment of those sums referred to in the affidavit—upon that the judgment summons was dismissed. (The judgment summons referred to bore the endorsement of Mr. Justice Fry, "Order refused, E. F")—since then I have heard the defendant say he paid 50l. and 20l. into the Court of Chancery.
Cross-examined. The summons was heard at Judge's chambers—I have not said before to-day that the defendant swore the 70l. was paid after the date of judgment—I left that out—I have no note of what took place—the defendant applied for an adjournment in order that he might produce his books as to dates—my solicitor refused the adjournment—he is here—the defendant was sworn after the adjournment was refused—I have since heard that he had a suit with his late partner, and that he paid 50l. and 20l.
Re-examined, He asked for an adjournment for a week in order to produce his books—it was not stated that the books were only next door and that an adjournment for an hour would do—he was served with a notice.
THOMAS HENRY GUY . I live at 23, Great Marlborough Street, and am a clerk to Mr. Alsopp, solicitor—on the 21st September I attended before Mr. Justice Fry, on the hearing of the judgment summons which has been produced, when the affidavit of Mr. Silver was read—the defendant was sworn and admitted that the contents of the affidavit were accurate, but he could not say to a penny as to the amount—I asked him what he had done with the money in hand, about 107l., and he said he had paid 70l. into the Court of Chancery pursuant to an order in an action by his partner since the date of the judgment—upon that statement being made, Mr. Justice Fry said he could make no order and dismissed the summons—I saw the defendant sworn—I went to the Accountant-General's office in the Court of Chancery on the 16th October, and have searched the books from time to time, from the date of the judgment, and there is no entry of the payment of 70l. by him—I served the defendant's clerk at his office with a written notice to produce his books, and I called for them before Mr. Justice Fry.
Cross-examined. I was examined before the Magistrate—I always give my evidence perfectly correctly when on oath—upon my asking for the books the defendant's solicitor asked for an adjournment for a week—if you take the context of the depositions you will find I said "I swear they did not offer me an adjournment for a week"—I say now they did offer me an adjournment for a week—I called for the books to be produced—they said the books were not there, and he said he would get them from Southampton Buildings, if it were adjourned for a week—I said "He only offered to produce the books if there were an adjournment for a week"—I refused the adjournment—it was not then that he said he could not tax his memory as to dates—I don't think anything was said about dates—the books were to prove the amounts—I swear that—there were no notes taken of the proceedings—I rely on my memory.
Re-examined. The books were in Southampton Buildings, close by—
I offered to have the case adjourned for half an hour to have them produced, and the defendant said he wanted an adjournment for a week.
THOMAS LEWIS . I am clerk in the Accountant-General's office in the Court of Chancery—I have made search in the books from the 1st July,! and there is no entry of any payment of the sum of 70l. by the defendant in a suit of Fletcher White—there would hare been an entry if any such payment had been made.!
Witnesses for the Defence.
JOHN LAWHENCE . Hive at Yardley, near Birmingham—I attended with the defendant at Judge's chambers on the 21st September on his behalf for Mr. St. Aubyn, solicitor—Mr. Alsopp's clerk tendered Mr. Silver's affidavit—I am not certain whether Mr. Justice Fry read it or not—I read it to myself and referred to the defendant upon it—I remember now Mr. Justice Fry did read it, and then he said "What answer have you to make"—I told him we had no means of paying, and I tendered the defendant for examination—he was then cross-examined, and he was asked if he produced his books, and he said "No, I had no intention of attending the summons until I met Mr. Lawrence, who advised me to attend it myself, otherwise I was not going to do so; my solicitor was going to apply for an adjournment," or "had arranged an adjournment"—Mr. Justice Fry looked at the summons and said "Oh, your office is not far off, you can get the books in ten minutes"—upon that I volunteered an adjournment for half an hour to produce the books, but before that conversation took place they proceeded to cross-examine or examine the defendant, and I said, to cut the matter short, "We admit having received the amounts mentioned in the affidavit, but we do not admit the dates specified"—Mr. Justice Fry then said to them "Do you wish the books produced, if so, take an adjournment for half an hour, but mind if you proceed with the case, and ask for an adjournment at the end. I shall refuse it"—they elected to proceed—the very words used were, "We will go on now"—I pointed out to Mr. Justice Fry the fact that certain sums were mentioned in the affidavit as having been received—we admitted these sums, and were perfectly willing to show how they were disposed of, but the dates they said we received them were not correct, and that had arisen in this way; upon the signing of the contract for sale of the public-house a certain deposit was placed in the defendant's hands, and he anticipated his commission, and therefore on certain days, sworn to in the affidavit, there was little or nothing to receive—then they proceeded to examine him as to how he disposed of this money—first of all he said he paid his late partner 70l. to settle a Chancery suit, either in the Rolls or the Exchequer, I don't know which—he went on to say he had paid his office rent, and the rent of his private house—he did not say he had paid 70l. in a Chancery suit to his partner since the date of the judgment—he said he had paid 70l. out of the money which they said he had received to settle a Chancery suit brought against him by his late partner, Fletcher White—Mr. Justice Fry then said "Did you pay the 70l. before or since the date of the judgment?"—the reply was "I am not sure, I believe I paid some before and some since, but if I produce my books I can show you"—he said it was paid in several sums—upon that Mr. Justice Fry posted up on the corner of his blotting paper the sums he had paid, and said "You have not proved to me that this man has means"—at the end they asked for an adjournment—this receipt of the
24th July, 1-877 (produced), I saw White sign—it is for 20l., making the balance of 10l.
Cross-examined. Has anticipating his commission was the explanation the defendant gave the Judge—I conferred with him—I have been to the Hen and Chickens on several occasions—I went away without paying my bill—I am well known there—I don't know police-constable Howard at Yardley—I have not paid my bill since—I am not aware that the Birmingham police want me—I was there on Saturday—I did not go to the Hen and Chickens then because I have my own house there, and friends and relations—I am not in employment now—I have means of my own—my last master is Mr. Preston, solicitor, living near Brentwood—he has an office in Mark Lane—I left him on account of a disagreement through his son and me—we sat in the same office—money matters amongst other things—I was not discharged exactly—Mr. Preston said I had better do something else—he brought an action against me for libel, and I signed an apology rather than have a law suit—he wrote a letter for a certain explanation, and I gave it him, but there was nothing on my part admitting I had taken any money—he did not make a charge against me in the words you have put.
Re-examined. I left Mr. Preston about two and a half years ago—my father-in-law was Town Clerk of Birmingham—my wife's relatives are there.
Cross-examined. I am the defendant's clerk.
GUILTY .— Eighteen Months' Imprisonment.
33. WILLIAM OSBORNE (63) [Pleaded guilty: see original trial image] , to Stealing divers deeds and documents, the property of Francis Ommaney, having been previously convicted of felony— Seven Years' Penal Servitude.
34. THOMAS DAWSON (36) [Pleaded guilty: see original trial image] , to Burglary in the dwelling-house of Arthur Barrington, and stealing a number of knives and forks and other articles, after three former convictions— Fifteen Years' Penal Servitude.
35. JAMES BAKER (23) [Pleaded guilty: see original trial image] , to Stealing two pieces of silk, value 3l. 12s., of the goods of Charles Leaf and others, having been previously convicted of felony— Eighteen Months' Imprisonment.
36. FRANCIS BENBOW-JONES (41), JAMES WATSON (35), and GEORGE BALDWIN—(61) [Pleaded guilty: see original trial image] , to Forging and uttering requests for the payment of 38l. 4s. 6d., and divers other sums, with intent to defraud; JONES and BALDWIN also [Pleaded guilty: see original trial image] to Embezzling and stealing the sum of 1l. 12s., and divers other sums, the property of Joseph Hornby Baxendale, and others. JONES— Ten Years' Penal Servitude; BALDWIN and WATSON— Five Years' Penal Servitude each. And
37. GEORGE ASHTON (40) [Pleaded guilty: see original trial image] , to Stealing 120 and 39 yards of linen and other goods of the goods of Joseph Leech his master— Nine Months' Imprisonment. There was also another indictment for embezzlement, on a which no evidence was offered, and a verdict of
NOT GUILTY was taken.
MR. GOODMAN conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
CORNELIUS COHNHOFF . I am a corn merchant carrying on business at I Corn Exchange Offices, Mark Lane—I left my office about 12.30 on October 20th—I had a 5l. and a 20l. bank-note—this is the 5l. note (produced)—it is stamped with the mark of our firm and the number—this other note: (produced) is also stamped with the mark of our firm—I put them in an envelope in my breast-coat pocket—the envelope has also my name and! address on it—in about 20 minutes, after I had done some business, I returned to my office—I had missed the notes before I got to the office—I felt in my pocket and thought I might have left them in the office.
WILLIAM GLADWELL . I am a waiter at the Monarch dining-rooms, 128, Holborn Hill—at about 6.30 on the evening of the 20th October, the prisoner, who had had some refreshment, tendered me this 5l. note—I asked him to endorse it—he said he could not write—this is his name and address "Henry Vaux, 14, Upper East Smithfield."—I gave him the change.
FREDERICK LAWLEY (City Detective). At about 3 o'clock on the 27th ultimo, from information I received I went to 14, Upper East Smithfield, which place I found shut up, an empty shop—I waited for some considerable time, and then saw the prisoner go into No. 14—I went in and told him that I was a police-officer, and had come to make some inquiry about a 5l. note that he had changed at the coffee-house in Holborn, and I asked him if he could give me any information—I said "You changed it there this day week"—after some hesitation he said "Yes, I did"—I said "Can you tell me where you got that from"—he said "You see my place is to let; a man came in and looked over the place with a view to taking it, and after going over the premises, he came down and asked me if I could change him a 5l. note"—he said first of all it was in the morning part, but he said afterwards it may have been in the afternoon of that day week—he said "I gave him the change"—I said "There is a 20l. note also you changed"—he said "Yes, by-the-bye, I did," and he took the notes out—he said "I gave him 25 sovereigns on the counter"—I said "Can you tell me what the man's name is?"—he said "No, I never saw him before"—then he told me he came from Bermondsey—it was then that I said "Where is the note?" and he produced the 20l. note—I said "You see these bear the stamp with the name and address of the loser"—he said "Well, I did not notice that"—he was then taken to the station and charged.
Cross-examined. The address he gave was correct—I believe the property was lately sold to the prisoner by a widow named Levy, a Jewess—he was admitted to bail by the Alderman.
Re-examined. The place was entirely empty—I went over the place.
Witnesses for the Defence.
HENRY EDWARD HERMAN . I am clerk to Mr. Henry Poole, of Bartholomew Close—I produce an agreement between Esther Levy, of the one part, and the prisoner of the other part, and dated the 30th April, 1877—the prisoner brought it to our office first about the end of September and again in October, and gave us instructions to sue Mrs. Levy upon it, which we have done, and the matter is now pending—there are three counts
in the statement of claim; first for breach of that agreement, secondly for breach of promise of marriage, and thirdly for money lent.
BARTHOLOMEW HIGGINS . I live at 2, Lowman Street, Camden Square—I have known the prisoner for 33 years—he comes from near Newport Pagnall, Buckinghamshire—he has always borne the character of an honest and respectable man—he is not simple exactly, but not of very strong intellect.
Cross-examined. He has not lived in Buckinghamshire all the time—he has lived in London some years.
GEORGE VANCE . I live at Cranfield, Buckinghamshire—I have known the prisoner all his life and am his brother—our father left all of us 700l. or near upon it—he died 12 months last July—I believe we got our legacies last February.
Cross-examined. My brother has not lived in Buckinghamshire all this time—he lived with his father up to his death—he did not come to London till after he had his money.
HIGGINS. I live at 20, Park Street, Camden Town, and I have known the prisoner all my life as an honest and upright man.
Cross-examined. I cannot tell what he does—Ms father was a farmer, and he lived with him—the prisoner is my uncle—he has been living in 1 Upper East Smithfield since he had his money—I do not know that he does anything for a living—he has been in London since last April—his father left him 700l.
JONATHAN BTJSNEY . I am a cab-proprietor and a landed proprietor, and live at 20, Wellesley Road, "Camden Town—I have known the prisoner from his youth upwards—I am from the village where he comes from—I know his handwriting—this is it (referring to the agreement)—he has always borne a good character.
H. E. HERMAN (Re-examined). A clerk in our office served the writ—Mrs. Levy appeared by Lewis and Co.—they have delivered statement of defence, but we have not replied to it.
ESTHER LEVY . I let the prisoner the house at 14, Upper East Smithfield—this is my handwriting (referring to the agreement)—the prisoner paid me 150l. on the 30th May, I think—he was quite a stranger to me—the bill was in the window that the premises were to let, and he seemed anxious to have it—I did not suggest we should go to a lawyer, but I took him to Mr. Hind, of Cannon Street, estate-agent, whom I knew, for the purpose of having the agreement prepared—the prisoner had two or three interviews with me—he first came in to make a purchase, and he said he had been after a place where he would have to pay 120l. for the goodwill and 100l. a year—I said my house was cheaper, and he was agreeable to take it—that was all that passed—the nest time he came was about the business, and I let him the house and shop for nine years at 45l. a year—he paid me by a note out of his own pocket, and had no one to represent him—I have a brother—the prisoner did not buy my furniture—I sold him the agreement for nine years—I took my furniture away—when he came he said he should not open the house—he. had been trying to let it, and bad advertised it at 75l. and 150l. a year; so he could not have thought it a very bad bargain—he said he had a niece who would come to attend to it, but there was some death in the family and she could not come—a carman took the furniture away-my brother did not go there—lie is living at the Robin Hood public-house—
I know nothing about an appointment being made there with the prisoner—I don't think the prisoner made inquiries—he made no proposal to me of any kind—he would not be such a fool, I should think.
Cross-examined. There is no truth in the suggestion that I engaged to marry him and broke it off—he did not appear to be silly—I have a copy of the agreement besides that—he said he was a gardener, I think, and carried on business in Camden Town or Kentish Town, or somewhere I with his brother-in-law—my business was a passengers' outfitting place—he gave me no reference—he said he wanted the place for a coffee-house.
NOT GUILTY .
MR. GOODMAN conducted the Prosecution.
THOMAS BERRY . I live at 75, Ground Street, Poplar, and am a seaman—last Saturday evening I was locked up, and when asleep in the cell I heard a noise and two men going on some thing about doing' three stretches, and I woke up and Donovan came and snatched my watch—I got up and said "One of these two men have stolen my watch"—with that he called me a "b——y convict," and struck me in the eye. and knocked me down in the corner of the cell, and when I was getting up the other prisoner, kicked me in the side—my watch was worth 4l.—I got up and kicked at the cell door, and the police came—this is the watch (produced).
Dennis. I can assure you I know nothing about the affair at all—I work hard—that pipe is what I had.
Donovan. He swore down at the other Court that he didn't know who took the watch from him, and that this man (Dennis) struck him first.
STEPHEN ROLAND (Policeman 73 K). I heard a knocking at the cell door at 7.30 on Saturday night, and I went to the cell and saw Donovan; strike the prosecutor in the eye—I opened the door immediately—he said "These thieves have stolen my pipe"—I brought them out and had them searched for the pipe, and saw Detective Craven take the watch from Donovan's left-hand side pocket—I afterwards took the pipe from Dennis's right-hand coat pocket—I took them to the cell.
By the COURT. They were all drunk—they were all put together, because we have only four cells at Poplar, and the others were occupied.
NOT GUILTY .
MR. GOODMAN conducted the Prosecution.
WILLIAM WYATT COXHEAD . I live at 7, Haverstock Street, City Road—on Saturday afternoon, about 3.30, on the 21st October, I believe, I was; walking with the prosecutor near Golden Lane, when the prisoner snatched his chain from him and ran up a court with it—the watch remained in his pocket, the chain having broken from it—I was about to go up the! court when I was stopped by three persons, who said to me "For God's sake don't go up there; you will be killed"—the prosecutor lost the chain, locket, and seal—those persons ran up the court in the direction the prisoner went when I called "Police"—54 G came, and we followed! him up the court—we did not catch the prisoner then, but we gave a
description of him—the next day (Sunday) I was called to the policestation, and saw the prisoner with eight other men—I am certain, of him.
Cross-examined by the Prisoner. I am certain you are the man.
ALBERT KAYES (Policeman 54 G). I saw some one chasing three or four men in Golden Lane at the time in question, and soon afterwards I heard from the prosecutor that he had been robbed—he gave me a full description, which answers the prisoner's description, from which I took the prisoner into custody—I saw the prosecutor pick him out of about a dozen without the slightest hesitation—the chain was never found.
The Prisoner's Defence. He knows I have been. convicted, and he always picks me out in that division—I am perfectly innocent of it.
The Prosecutor when called was absent, and the Jury not being satisfied as to the Prisoners identity, returned a verdict
NOT GUILTY .
MR. GOODMAN conducted the Prosecution.
ELIZABETH BATEMAN . I am the prisoner's wife, and live at 9, Stacey Street—at about 8 o'clock on the evening of the 20th October I was in the Angel public-house with him—we had both been drinking and we 1 met another man and his wife, and we got into words with them on family affairs—I didn't think my husband would hit me, but he up with his fist and hit me—I went out and waited till he came out to go home—as we were going home he was going into another public-house, and I said I would not let him go into any more public-houses, and he kicked me in the side—I made my escape and had gone a little way farther when he knocked me down and kicked me again—I went home with my! daughter, for I was frightened he would hit me again—when I got home! I found my husband in bed—I don't remember anything more—I dare say we exchanged some words—I found myself in blood—I was kicked—this is his boot (produced)—there is a stain on the end of it—I got no blows or kicks from anybody else—there was nobody else from whom I could receive the injuries.
Cross-examined by the Prisoner. You had your boots on when I came home—that I can swear—that is all I know.
MARY ANN WHITMAN . I am the wife of George "Whitman, of 9, Stacey Street, and am the daughter of the last witness—at about 9.30 on the night of the 20th October my mother came to me—her face was swollen and there was a little blood on her nose—I went home with her, and went back on the Dials again and finished my business, and then went home and found my mother had fainted, and was covered with blood—I live in the same house with her—when I went up the prisoner was lying on the bed—I cannot swear whether he had his boots on, or whether he was asleep.
WILLIAM MASTERS (Policeman 389 E). On the night in question I was called to the prisoner's house, and found him sitting on the bed dressed—I found the boot produced—I think he had the other on—it was standing by the side of him—it had marks of blood on it, but the stains are very much worn—it has been lying in the office since the 20th—the prosecutrix had a skirt on and was lying on her daughter's bed on the floor below—I told him I should take him into custody for assaulting his wife
—he said "All right, I will go with you, but she has bled like that previously."
HENRY VICKERS . I am house-surgeon at Charing Cross Hospital the prosecutrix was brought there on the morning of the 21st—she was bleeding freely, and on examination she was found to have a lacerated wound about half an inch long in the lower part of the body, from, which blood was issuing—she had probably lost much blood—it would be occasioned by great violence—by a kick most certainly—apart from the loss of blood the wound was not very dangerous—I believe she can now follow her occupation again—she remained in the hospital a fortnight and was then dismissed.
The Prisoner's Defence. My wife came home—she took her clothes off and sat on a pail near the window, and the pail and her fell.
GUILTY .— Five Years' Venal Servitude .
MR. ST. AUBYN conducted the Prosecution.
WILLIAM BUTTERICK (City Policeman 108). On Saturday afternoon, November 3rd, I was in Barbican, and there saw the prisoner with a bundle of cloth on his back coming from the direction of Fore Street, and going towards Aldersgate—I followed him to a house in Clerkenwell and saw him go into the house and into the back parlour, and as soon as I got into the parlour I saw the cloth behind the door—I told him I was a police officer, and asked how he became possessed of the cloth—he said he had bought it, and had given 7l. 10s. for it—I asked him where he bought it, and he said at 35, Jewin Street—I asked for the receipt, and he said he was a jobber and did not have receipts—he would not go with me to Jewin Street, and I sent for assistance, and another officer arrived, and he was taken to the station, and I took possession of the cloth—on going; to Guildhall he said a gentleman asked him to carry the cloth and he took' it home, and he should have taken it to the station.
ROBERT ANSCOMBE (City Policeman 112). I was called by the last witness and helped to take the prisoner to the station—he said he had at receipt in his pocket—that he had bought the cloth, and that we should find it out on Monday—in the cell in the Guildhall justice-room he said a gentleman asked him to carry it for him and he went in a public-house in Bunhill Row and had some beer and went home.!
FRANCES MCCARTHY . I am the prosecutor's wife—he is unable to attend through illness—between 3 and 4 o'clock on the day in question I saw somebody with a roll of cloth on his back—I could not see his face—he was just opposite.
GUILTY . He also PLEADED GUILTY to a conviction on the 19th December, 1870, at Clerkenwell Sessions. Five other convictions against him were proved Ten Years' Penal Servitude.
NEW COURT.—Friday, November 23rd, 1877.
Before Mr. Common Serjeant.
MESSRS. POLAND and STRAIGHT conducted the Prosecution; and MESSES. BESLEY and GRAIN the Defence.
JAMES MITCHELL . I am a member of the firm of James Sutherland and Co., East India merchants, of 34, Lime Street—the prisoner was our confidential clerk—his salary was 150l. a year—we keep an account at I the Imperial Bank, Lothbury—on 14th September, previous to going: away for the vacation, I took the prisoner to the Imperial Bank, introduced him to the chief cashier, and gave him authority to sign "per procuration, James Sutherland and Co., by this letter (produced)—I left for Scotland on 14th September, and did not return till October 6, but I was corresponding with the prisoner almost daily—I wrote intimating my return to London, and on Saturday, October 6, returned to my office, and the prisoner was not there, but I found this telegram making excuses for his non-appearance—on the same day his wife called and made some inquiries of me about her husband—on Monday, the 8th, in consequence of the prisoner not being at the office, I went to the Imperial Bank to cancel the procuration, but was required to send a letter, which I did—this is it: "Dear Sir,—As I verbally intimated to you this morning, please consider the authority given to Mr. Sullivan cancelled.—James Sutherland and Co., 8th October. "The prisoner never returned to the office, nor did I have any further communication with him till he was taken in custody—this cheque (produced) is in the prisoner's writing on one of our forms. (Read: "October 9, 1877. Pay selves 250l. sterling." That was drawn the day after I withdrew my authority—it relates to no matter of business of the firm—this "W. Sullivan, Artesian Cottage, Bridge Road, Hammersmith," on these bank notes, is the prisoner's writing—he has never accounted to me for any of these notes—this other cheque is also the prisoner's writing: "Nov. 8. Please pay selves or bearer the sum of 250l. sterling.—J. Sutherland and Co. "That was not written by my authority or consent, nor have I received the proceeds.
GEO. KERBY . I am cashier at the Imperial Bank, Lothbury—Sutherland and Co. had an account there—I have produced the authority and the cancelling of the authority—this cheque of 9th October was presented over the counter—I do not remember it, but I paid it with two 100l. notes and a 50l.—these are the notes—on 8th November this other cheque was presented by Mr. Pearce—I referred him to the chief cashier, and the matter was put into the hands of the police.
Cross-examined by ME. GRAIN. When I paid the cheque on 9th October I was not aware that the authority was cancelled.
THOMAS COTTER GASH . I am in the accountant's branch of the Bank of England—I produce three cancelled Bank of England notes which, were changed there for gold in the name of Sullivan on 9th October—. we require persons changing notes to put their names and addresses on them.
Cross-examined by MR. BESLEY. I cannot tell you the time only from, the books.
WILLIAM PEARCE . I live at 1.3, Lamont Road, Chelsea—it is a double house, and I have nothing to do with the domestic department—the prisoner came to live there, but I never saw him till 7th November—he came in a cab at 6 a.m.—I have two ladies living in my establishment—I understand he lived there till 9th October, when he telegraplied to a merchant to come and pay his account—I only saw him once—on 8th November he gave me this cheque, dated 8th November—on the 7th he said that he required a messenger to go to meet Capt. Green on the Mansion House railway steps, who had just come from Paris—we could not find a licensed messenger, and Miss Rutherford came and asked me to go, which I did on the 8th, but did not meet Captain Green—I told the prisoner so, and he said "Why did not you go to the bank?"—I said, "I had no authority"—he said, "Will you go in the morning"—I said 'I have no objection"—he said, "I am a partner in the firm"—I saw him write the cheque, and he asked me to go to the bank and get it cashed, and he said, "Here is my card for the authority"—I found Captain Green's address on the back of it, 3, Burdett Street, Burdett Road—I took the cheques to the bank, and they referred me to the manager—I gave him some information, and afterwards went back to the prisoner and told him what had occurred, and said "You have put me into a very unpleasant position; there is something very wrong—they require to see you at the firm, and you will have the police after you; let me implore you to go to Captain Mitchell"—he said "I will on Monday"—I said "You cannot stop here"—my wife told me that he went to live in Gertrude Street.
Cross-examined by ME. BESLEY. 'I have the advantage of keeping a carriage—it is not the fact the prisoner was brought to my house at 3 a.m. quite drunk by a cabman, who left him there, and received 10s.—nor did I charge the prisoner a sovereign, saying that I had given that sum to the cabman—I have three other furnished houses—I have nothing to do with the young ladies who live there—I have let them—I have one in Flood Street, Chelsea, and one in Gertrude Street—Gertrude Street is where the prisoner went to. it is one of my furnished houses—no young ladies live there only Mr. Cabalero's wife—I do not know whether my wife intro-duced a young lady to the prisoner at 3 a.m. when he was drunk, I was not there—my wife was not in bed—I do not know an old cabman who is constantly bringing drunken men to my house—I do not know when the first cheque was changed, or that 250l. was obtained for it—I did not get I the prisoner to buy me a hat for 37s. 6d., he never bought a hat for me—I did not notice that Mrs. Stanley was wearing new clothing a few days after 6th October—I very seldom see her—I have nothing to do with the domestic part of the house—I do not see her every day of my life—she goes out at night, she has an engagement sometimes at the Alhambra and sometimes at the Crystal Palace—I sometimes only see her once a week—I got nothing from the prisoner for champagne and brandy—I know Walter Walmington very well—my wife never had a watch and chain from him for champagne—October 6th was Saturday—I did not say on the Sunday that I was getting a goose ready and a leg of lamb to send up for the swell's dinner—I may hare said that a friend of the young man had been there to whom a telegram had been sent—I never said that Mrs. Stanley was coming to induce him to write a cheque—I never was in my carriage with him, nor did I see him in my carriage with Mrs. Stanley—
I never saw him till 7th. November, but I knew he was there—he went away on 9th October—he did not leave the 250l. behind him, not a farthing—he went away in debt because he had taken Mrs. Stanley to the Criterion—they did not go in my carriage—that was on 9th October—he had taken a box, I was given to understand, but I did not see him—I am not aware that he was plied with brandy and champagne mixed—I did not supply brandy to Mrs. Stanley on those days, or champagne—whatever was supplied was from the domestic department—that is where these two ladies live—Mrs. Pearce attends to the domestic department—I mean to say that I do not know of large quantities of brandy and champagne being supplied to the prisoner—I took no money of him, I never had a penny of the man in my life, I never saw the colour of his money. Q. He came at 3 a.m. to live with Mrs. Stanley and to be charged nothing? A. No, because Gallagher paid his account—I do not know how much a day his account was—I never saw Gallagher—my wife gave me nothing as paid by Gallagher—I never authorised my wife to charge the prisoner anything—I had nothing to do with it—I do not know of my wife and Mrs. Stanley going out and spending the larger portion of the 250l., but my wife told me that the gentleman had made her a present of a dress and a jacket—I never heard of a sable muff—I did not say to Walmington that the swell tried to get away, but I kept his hat concealed—I was given to understand that he left his hat at the Criterion—he went away a with a lady from the Criterion, leaving them in the boxes, and I never saw him till he was brought back—Captain Green and he were completely skinned out—I had not 24l. wrapped in a handkerchief to take care of for Mrs. Stanley, it is an utter falsehood—she did say that she had between 200l. and 300l. from the young man in a few days.
JOHN MITCHELL (City Detective). On Sunday afternoon, 11th November, I took the prisoner at Artesian Cottage, Bridge Road, Hammersmith—he was in bed—I told him I should arrest him on a charge of embezzling 250l. on 9th October—he said "I had power to sign all cheques on behalf of the firm"—I said "You will be further charged with forging and uttering an order for the payment of 250l., on 9th November, on the Imperial Bank"—he said "I knew that was wrong"—I said "You have been staying at a brothel in Chelsea kept by a Mr. Pearce"—he said "Ah, that has been the means of it all; when I got the '250l. from the Imperial Bank, in notes, I went straight to the Bank of England and got gold for them; I gave Mrs. Pearce a pile of money, and the woman I had been living with I took and rigged out"—I took him to the station and charged him—I had had the case in my hands since 8th November—I saw Mr. Pearce on 8th November, and from that time was trying to find the prisoner till I found him at his own house.
Cross-examined by ME. BESLEY. He appeared to be suffering from the effects of drugs, or drink, or both—he was not in a state to give a connected account, he seemed to be wandering in his mind and somewhat incoherent—he was in his wife's care.
JAMES MITCHELL (Re-examined by MR. BESLEY). The prisoner behaved most properly, sedately, and soberly while in our employment—he had our unlimited confidence—on 29th October I wrote to his wife, saying I should like to know if your husband has come, and if he is going to
return to his situation; I am exceedingly sorry for him and you;" and on 2nd November I wrote I shall be pleased to hear if you have heard anything respecting your husband,—whether he has returned, or whether anything is known of him.
MR. BESLEY submitted that there was no case to go to the Jury, as it had not been brought to the prisoner's knowledge that his authority to sign cheques pro procuration had been withdrawn, and that the withdrawal to the bankers had not dissolved the authority of the prisoner.
MR. POLAND contended that the authority to sign cheques was only intended to last while the principal was absent, and that it was idle to suppose that the prisoner might continue to sign cheques as long as he chose to keep out of the way. The Court considered that the case must go to the Jury, and refused to reserve the point.
GUILTY. Recommended to mercy by the Jury on account of his character— Fifteen Months' Imprisonment.
FOURTH COURT.—Friday, November 23rd, 1877.
MR. GOODMAN conducted the Prosecution.
WILLIAM AYLIFFE (Policeman H 40). About 11.40 on the 29th October I was in Cable Street—I heard cries of police—I saw the prisoner and a man named Jackson struggling—Jackson, said "He has robbed that man"—the man was bleeding from the mouth—I took hold of the prisoner and then went to find the prosecutor, but could not.
CHARLES JACKSON . I live at 25, Princes Square, St. George's, and am a cooper—I was in Princes Square this night, and saw the prisoner and two more picking a sailor's pocket—the prisoner had him by the throat—the sailor was bleeding from the mouth—I ran after the prisoner round Princes Square with four or five more, and cried "Stop thief"—the prisoner asked me what was the matter—I said "You are the man that had the man by the throat," and held him till a constable came—I noticed his muffler and his speech.
JOHN OSGOOD . I am a hairdresser, of 8, Princes' Street, St. George's—I heard a noise and I threw up the window—the prisoner was holding a man against the dead wall—I have no doubt it was the prisoner—he said "You b-s make haste, there is somebody coming"—I saw the prisoner groping about the lower part of the mail's body—I saw him brought back by the constable.
Prisoner's Defence. I asked Jackson why he stopped me, and he said it was because I had been in prison two or three times before, and I never was in prison—I did not run away, I went up to the witness.
NOT GUILTY .
MR. GOODMAN conducted the Prosecution; and MR. RAVEN defended King.
window of 47, Great Russell Street—Wood was one—I heard the window opened and closed, and then I saw two men on the window—I communicated with constable Gilks—I apprehended Wood about 25 yards off—I took him back to the house—I got through the window—I saw King standing in the room—I asked him what he was doing there—he coolly put his hand in his pocket, and said "It is all right"—I said I should detain him till I searched him—I saw him taken into custody—I searched him and found a jemmy, a shoemaker's knife, two latch keys, and a door key—I saw marks on the sash—I did not compare them with the jemmy—I saw Thompson lying under the tailors' bench, pretending to be asleep—he said "All right"—I saw this handle lying on the floor.
Cross-examined by MR. RAVEN. The window is a little lower than the street—the jemmy is a bent screwdriver, but it answers the purpose of a jemmy—my attention was called to the house by the three men standing there—I do not know King's trade—I found on' him one shilling, also sixpence in copper.
Re-examined. King was in the prosecutor's room—we detained the prisoners there about 20 minutes.
Cross-examined by Wood. I said at the police-court that you were one of the two men—I could not swear to the other man, I was 4 yards from him—I was 25 yards from you when I saw you first with the other two at the window.
Cross-examined by MR. RAVEN. Two large pieces of cloth and two riding habits were also taken—the Magistrate allowed me to have the riding habits, as they were on order—I always go round and lock up, and see everybody out.
Re-examined. The constable found the cloth and brought it the next morning.
Thompson's Defence. I was very drunk.
Wood's Defence. I was going home, and stopped to tell a young man the way, he started running and drew the attention of the policemen, and one ran after the other man, and one took me—I don't know anything about it—the policeman mistook me for somebody eke.
KING**— Seven Years' Penal Servitude.
THOMPSON also PLEADED GUILTY to a conviction of felony in February, 1872, at Clerkenwell.— Ten Years' Penal Servitude.
WOOD also PLEADED GUILTY to a conviction of felony at Marlborough Street in October, 1876.— Seven Years' Penal Servitude.
MR. GOODMAN withdrew from the Prosecution.— NOT GUILTY .
MR. STRAIGHT conducted the Prosecution; and MR. J. P. GRAIN the Defence.
JANE DARLING . I am the wife of Henry Darling, of 4, Amersham Villas, New Cross—the prisoner was in our service for about five months—on the 23rd September she went out for a holiday, and in consequence of some matters that had come to my knowledge I went into her bed-room and examined her boxes, in one of which I found 4 yards of coloured lace, which I had given 1l. 2s. for, some black lace given me by my brother, two pairs of linen cuffs, a small pair of white kid gloves belonging to my little girl, and several other articles; in another box, locked, I found a pair of ear-rings belonging to my daughter (property produced)—I identify these articles—I found the keys in the washstand drawer and took them out and unlocked the box—the lace had been on two different dresses at different times—I bought it at a large linen-draper's at Croydon—I found the pieces of the blanket between the prisoner's bed and mattress, rolled up—I have never found the remainder of it—the prisoner returned home in the evening—I understood she had no home, and I did not send her away, it being past 10 o'clock—next morning I asked her how she came to tear up one of my good blankets—she said she had not—I said "Who has done it if you have not?"—she said she did not know—after a time she said she tore it up for house flannels—I then said "There are things that I have found in your boxes, belonging to me, that I have taken out, and after finding these things, and being so deceived in you, I should not think of your remaining in my service any longer; pack up your things and at once go"—she went, and at the expiration of a week she came back for the remainder of her things—several things were then missing, a silver watch amongst other things—Mr. Darling, being at home, spoke to her about the things missing—she said she knew she took the things found in the boxes, but had not taken the watch—I said "We will give you time to bring it back, and if you do not I shall lock you up"—she was very pert about it.
Cross-examined. I do not think the lace is quite common—it is rather an uncommon pattern—I tried to match it at several shops and could not—can swear to the ear-rings, they belong to my daughter—they may have been mended—they were given her by an old friend—I was at the police-court—when the prisoner's father was called the Magistrate asked him to give a description of some ear-rings about which he was going to give evidence, and I believe he did so, before any ear-rings
were put in his hand—he said she had a pair, and he had mended them—they were afterwards put in his hand—I believe my daughter gave 6s. or 6s. 11d. for this feather—it was in the prisoner's hat over a feather of her own which she had bought and which she left behind with some of her things—I don't know what good the other part of the blanket would be unless she made a petticoat of it, which I taxed her with—I thought very likely she had—she has done the same thing in other places where she has been—I swear to all the articles positively.
Re-examined. Her wages were 1l. a month—I agreed with her for 10l. a year, and gave her 16s. 8d. the first month, and after that 1l. a month.
By the COURT. She was the only servant in the house—there are myself, husband, two sons and a daughter—we do the cooking ourselves. Emily Souter. I am the wife of Alfred Souter, and am the prosecutrix's daughter—these coral ear-rings are mine—I don't live with my mother now, I did when the prisoner was in my mother's service—they were my property then, and I kept them in a box—I went away from home in September, and when I came back I missed them—I know this feather by a dent in the stem—it was kept in a box in my room—I missed that also—I have since searched to find both the ear-rings and feather, but they had disappeared.
Cross-examined. I swear to the feather by the peculiarity I have alluded to—it is not a very common feather—I gave 7s. for it—it was clean when in my possession—it would be sold in shops for much less than that when dirty and broken—one of the drops of the ear-rings "was made into a pin.
Re-examined. They had originally drops at the top—one was lost and the other made into a pin.
GEORGE THOMAS (Policeman 22 R). On 14th October I went to No. 1, Morris's Buildings, Rome Street, Greenwich, and' apprehended the prisoner, and told her that I took her in charge for stealing property of her master's—she said she had taken nothing but the blanket, which she had torn up for house flannels.
Cross-examined. I had called at her father's house the day previous—I got no information there, I didn't ask for any—I knew he worked at Penn and Son's as a mechanic.
The Prisoner's Statement before the Magistrate. "The lace, feather, and earrings are all my own."
Witnesses for the Defence.
ANNIE HILL . I am the wife of James Hill, a wardrobe-dealer in Greenwich Market—I recollect last year selling a polonaise to the prisoner, trimmed with lace similar to that produced, as far as my recollection takes me—I see by a memorandum in my day-book that it was on the 19th June, 1876—the price was 5s.—the lace was very good indeed—I bought it cheap—the polonaise was very similar to this one (produced)—I cannot swear to it—it is called "Tussaud."
Cross-examined. There are 4 1/2 yards of lace here, I should say—the lace on the polonaise is of very inferior quality—Yak lace and this is very good—I should say this is 5s. 6d. or 5s. 9d.—I have bought a good many yards of it—selling it secondhand, in my ordinary way of business, I should say I should charge 6d. a yard for it.
ANN DIXON . I am the wife of Mr. Dixon, and live at Little Gray's Inn Lane, Holborn—I recollect altering a polonaise last year for the prisoner, who is my sister—this is it—when brought to me it was not trimmed as it now is, but with lace similar to this—I took it in at the body, and my sister took it back—she was living at Deptford then, I think—she only came to me on one occasion, and that was to alter the polonaise.
ALICE LEONARD . I am the prisoner's sister, and live with my father at Chapel Place, Greenwich—on the Saturday night before Easter Monday my sister bought a feather in the Broadway, Deptford, next the Dover Castle, at Freeman's—the feather produced looks very much like it—I was with her—she gave 2s. 11d. for it—the polonaise was bought in Greenwich Market—that lace there was taken oil" it to sell to a young woman named Phœbe Beresford—I have seen the prisoner with the earrings when she Jived at our place—they were like these, and father mended them with a piece of shellac.
Cross-examined. I cannot say when she went into Mr. Darling's service.
Cross-examined. I said before the Magistrate that this was like the lace I saw on the polonaise—it has been altered since.
JOHN LEONARD . I live at Chapel Place, Greenwich, and have worked for Penn's, the engineers, for about 18 years—my daughter, before she went into Mr. Darling's service, had some trinkets—these are the earrings I saw at the police-court—I remember her having them somewhere about 15or 16 months ago—it is 12 months last July since I first noticed them—they lay on my mantel-shelf—I tied them in the branches of a fuchsia, and tried to persuade my wife and daughters that it was a new-fashioned flower, and my girl tied them in her ears with a bit of thread—on another occasion I remember her having some little ring wires, and one of the catches was bad, and when she tried to take them out of her ears she cut her ear and it was bad for some time—this top came off and she asked me to mend it, and I mended it with shellac, and it seemed to come off again, and then the girl tried to mend it herself—there is a bit of shellac on this—I have not the slightest doubt that these are the earnings—when I was called at Greenwich I gave a similar description before they were put into my hand—Mr. Carter asked me did I notice a flower or figure on them, and I told him, to the best of my recollection, there was a flower, and when I came to look at them I found they answered the description I had given.
Cross-examined. I first saw them about July last year—I did not question how they came there—I next saw them at the Greenwich police-court—the girl went to place between those times—I never gave her money beyond what she received from her place.
NOT GUILTY .
MR. GOODMAN conducted the Prosecution; and MR. HORACE AVORY the Defence.
the 4th October the prisoner came to my place and engaged a room to lodge there, giving the name of Lotty Louisa Lawrence —on the evening of the 13th October I went out in the garden and found my cashmere jacket, and I came back and told my servant about it—I went upstairs and then I missed my sealskin jacket, my best black silk skirt, and crape jacket—I rang the bell for the prisoner—I told her what I had lost, and she said she didn't know I kept my things there—she told me that when she came in she found the gate open, and also the back door—that was about 8.45—I went out in the garden again and found my waterproof cloak—on Sunday, the 14th, I communicated with the police, and on the morning of Monday, the 15th, the prisoner went out, and told me she was going to meet her uncle, and about dinner time she returned and asked to speak to me—I went upstairs after I had had my dinner, and she told me she had seen her uncle, and wished to have a policeman to search her boxes, but she did not care to have a policeman if I would look into her boxes—I said I didn't wish to do so, but as her uncle wished it, and she was so pressing, if she liked to turn out her boxes she could—she did, and I did not see anything belonging to me—I had not said anything to her that I know of, to intimate that I suspected her—her uncle used to come and see her nearly every day, and used to write to her nearly every day—she left on the Monday, and on the Tuesday week I went down to 3, Ravensbourne Street, Deptford, and in my presence and in the presence of the prisoner her room was searched, when my black silk skirt, picked to pieces, my cashmere dress, cut up shamefully, and also my cashmere jacket were found. (William Barry, Detective, produced the articles.) This is the black silk skirt—I have the body on—these are all my trimmings, every one of them—I have no doubt about the articles—the black silk jacket was deeply trimmed with crape—in the first place it was deeply trimmed with silk—this sealskin jacket is mine—the sleeves" are just as I turned them up, because they were too long for me—when I took her to the pawnbroker's to identify some of the articles, she told me that she did not take them, but she knew who had—she told me she would give me the clothes, but they were all destroyed.
Cross-examined. It was about 11 or 11.30 when I discovered the things in the garden—I was locking up to go to bed—I am certain it was not 1 o'clock in the morning—I discovered the cashmere jacket which is not here, and also the waterproof—they are both at home—I did not charge the prisoner with having stolen them—I am sure I never mentioned the waterproof before the Magistrate as one of the things that was found at the prisoner's lodgings—it was about tea time when I saw the prisoner again after her visit to her uncle, and she was taking two chairs out of the back room—I said "Miss Lawrence, are you going?"—she said "Yes, I am so unhappy, I must leave"—I did not want her to pay me a week's rent in lieu of notice—she said "My uncle will call and settle with you"—I let the four rooms together—I thought she was going to take the others—I let the one room to her under the condition that she would take the four rooms—she told me she was going to be married, and should want the four rooms—she said her intended would be home on Saturday and would let me know about, the rooms on the Tuesday—on the Tuesday she told me that she would not be able to have them, that they would not suit her—when
she spoke about having a policeman to examine her boxes I had called her attention to the fact of my having lost the things—I did that on the Saturday night—she left on Monday evening—I never saw her except when she was moving the two chairs out—when I told her I missed my sealskin jacket she said she would go to the pawnbroker's, but did not want to go at that time of night—she did go, and the pawnbroker said he should not like to swear it was the woman—he said "My impression is it was a taller woman, but she stood behind two or three others, and I could not tell exactly"—that silk skirt is not cut up—that is the foundation—these are the trimmings; not all though, I am sorry to say—they are silk trimmings—it is my belief that this is my dress—a private dressmaker made it—the cashmere jacket found in the garden is quite different to this one—I believe that crape is off that jacket—it was heavily trimmed with crape, but it is difficult to say what it came off—this body has been cut up and retrimmed altogether—I identify the skirt although the body has been cut up—it was on my back but twice—it is a perfectly new dress—when I got to the prisoner's lodgings I saw a lot of other things there—I suppose they were her own—I gave her into custody on the 23rd, I think—it was a Tuesday—I went with a detective to her lodgings and picked out the things after she was given into custody—she said she did not take the things, but she knew, to her sorrow, who did—I swear that; and that she would give them me back, but they were all destroyed—this was about 11 or 11.30—she told me she went out at 6 o'clock, and did not return till 8.45, and found the back gate and back door open—there is a private way out of our house—we have the right of way to it—it is a gentleman's place—I last saw my things on the Wednesday, when I wore my jacket.
EMILY NEWTON . I am a single woman and am a dressmaker—I was employed by the last witness to make a cashmere dress—this dress has been cut about dreadfully, and is much altered since I made it, but I know my own work, and this is my work.
WILLIAM MUMFORD . I am a pawnbroker, of 25, Nelson Street, Greenwich—somebody pawned a sealskin jacket with me on Saturday night, the 13th October, in the name of Ann Whitley—I cannot identify the prisoner.
Cross-examined. I have already said I believed it was a taller person than she.
WILLIAIM BARRY (Detective Officer). I was communicated with on Sunday, the 14th, and on the 15th I traced the sealskin jacket to the last witness, and about 10 days after I traced the prisoner to 3, Ravensbourne Street, Deptford, and searched her room and found these things—the silk dress was folded up under the cushion of the sofa—when the prosecutrix gave the prisoner into custody, she said "Miss Short, will you allow me to speak to you; I didn't take the things, but, to my sorrow, I know who did"—Miss Short said "I want my things"—the prisoner said "You cannot have them; they are destroyed"—she gave the name of Charlotte Hackney when she was charged.
GUILTY — Nine Months' Imprisonment.
49. WILLIAM PARRY (50) PLEADED GUILTY to Stealing from an officer of the Post-office seven post-letters, the property of Her Majesty's Postmaster-General; also to Feloniously forging and uttering an order for the delivery of certain letters, "with, intent to defraud; also to a previous conviction at this Court in July, 1873.— Eighteen Months' Imprisonment.
Before Mr. Justice Denman.
MR. LILLET conducted the Prosecution.
JOHN ANDREWS . I am 83 years of age—I live at Slurry, near Canterbury—on Saturday afternoon, 27th October, I was at Canterbury, and went with a friend into the Kentish Arms public-house to have a pint of beer—I remained there about half an hour—while there I took out my watch to see whether it was time to go home—I left about 3.30—at first there were two or three people in the tap-room, but when I came out there was only one, the prisoner—I am not. quite sure that it was him, I should not be able to swear to him there—when I left the house I went towards home—a man who drove a van overtook me, and I asked him to let me ride—before the van overtook me I was joined by a man, about half a mile out of the town, and he got up into the van also; he asked me the time before we got up into the van, and I said I had not got my watch—we rode in the van as far as Broad Oak Hill, there we both got down—he followed me up the hill—it was raining, and he wanted me to stand up under a tree for shelter—I said no, I wanted to get home—we got on a little farther, and then he knocked me down and knelt on me, and took my watch and went away—I got up as soon as I could and halloed—I did not see anybody—it was within 20 rods of a house, and I ran into the house—this is my watch (produced)—there is a mark on the face between the 10 and 11—I have had it eight or nine years—I am sure it is the same watch that he took out of my pocket—there is a brass button on the chain—I had the watch mended on that Saturday morning, and the man put this paper on it with his name—I can swear to the watch—while I was walking in the Shalloak Road, I saw Mrs. Nicholls and a man: that was before I got up into the van.
HENRY JOHNSON . I am a labourer and live in White Horse Lane, Canterbury—on the afternoon of 27th October I we at into the Kentish Arms and there saw Andrews—when we first went in there was no one there but me and Andrews—we were in there about 10 minutes—two men came in out of the skittle-alley, and about a minute or two afterwards a third One came in, and they had two pots of beer—the prisoner was the third man—he sat next to me, alongside Andrews—when I left he and Andrews were there, it was about 10 minutes or a quarter to 2, when I left to go to my work.
CHARLES GOWER . I am a labourer—I was driving a van along the Shalloak Road on Saturday afternoon, 27th October last—I overtook Andrews and another man about half-past 4 or a quarter to 5—I gave them a ride in my van to the bottom of Broad Oak Hill—I went no farther in their direction—they both, went up the hill together—the prisoner is the man—I am quite sure.
ADAM INGLETON . I am a licensed victualler at Broad Oak, in the parish of Sturry—on the afternoon of the 27th October, at a little past 4, I was driving from St. Stephen's towards Canterbury, and met Andrews—he was alone—it was on the road between Shalloak and Canterbury—I saw him afterwards, and I also saw the prisoner a little way before-him.
COMING FROM. Canterbury in the same direction as Andrews—when I first saw them they were not at all near one another; the second time the prisoner was a few yards before him, and I then saw them in the van in the direction of Broad Oak Hill.
EMILY NICHOLLS . I am the wife of Thomas Nicholls, a labourer of Broad Oak—on Saturday, 27th October, between 4 and 5 o'clock, I was walking along the Shalloak Road in the direction of Canterbury, and met Andrews and the prisoner near the railway crossing between Canterbury and Broad Oak Hill—I afterwards met Ingleton.
JOHN WOOD (Sergeant of the Kent Constabulary). On 28th October I received information of this robbery, in consequence of which I looked for the prisoner—I found him on the 30th at a place called Moat Farm, about two miles from Canterbury—he was sitting in the kitchen of the farm house—I was in plain clothes—I told him who I was, and that I was there respecting a watch that had been stolen on the Saturday night previous—he said "I know nothing about it"—I said "Were you at Sturry on Saturday last?"—he said "No"—I said "Were you in Canterbury that same day?"—he said, "No"—I then said 'Have you a watch about you?"—he said "Yes"—I said "Allow me to look at it"—he took this watch from his pocket, and handed it to me—I then charged with highway robbery with violence and stealing from the person of John Andrews one watch and chain at Broad Oak Hill, Sturry, about 5 o'clock on Saturday, the 27th—he made no reply—this is the watch and chain with the button attached.
The Prisoner's Statement before the Magistrate. "I have nothing to say, and no witnesses to call."
The prisoner made no defence.
He also PLEADED GUILTY to a previous conviction of arson on 25th July, 1870, at Maidstone, having then been previously convicted— Fifteen Years' Penal Servitude.
ALFRED LIGHT . I reside at Meopham, Kent—on the night of 23rd October I went round my house before going to bed, about 10.15—I particularly noticed the back kitchen window, it was fastened by a common spring catch—I awoke between 5 and 6 next morning—I got up about 7.15—when I got down stairs I found the kitchen window open sufficiently wide to admit a man—it must have been opened with a chisel or some-thing of that kind—there were marks of some instrument—the spring fastening was broken off and thrown under the kitchen-table—I missed two pair of boots, a coat, and a waterproof from the kitchen, and on going into the other rooms I missed two coats from a door, a greatcoat that hung across a chair in the back parlour, and several little work-boxes and writing-desks from the shelves, which I afterwards found in the garden—in another room I found that two or three boxes had been broken open and the contents strewed about the room, and some carried away—amongst other things I missed a Paisley shawl, and a clothes brush—I immediately went for the police, and in consequence of
information I went from the station at Meopham to Fawcombe by the 10.30 train—I saw the prisoner get into a third-class carriage at Fawcombe—we went on in the train as far as Swanleigh, and there we telegraphed on to Bickley—at Bickley we saw a fly, and we all got into the same carriage with the prisoner, and went on together to Bromley, where the prisoner was taken into custody—he was taken to the station there—I saw him searched, and the first thing he pulled out from his pocket was a very old-fashioned clothes brush—this is it (produced)—I identify it as mine—it has been in our possession a number of years, ever since I can remember, and I had a new back put to it—this Paisley shawl was found wrapped round the prisoner's body, between his trousers and waistcoat—it is my wife's—she has had it fifteen or sixteen years—I can swear to it; it is constantly about with her wherever she goes, all day long—it always lies over the head of a couch when she is not well—I see it every day—there was nothing else found on him that I could identify.
Cross-examined. I always fasten up the house myself the last thing at night—I always pull the kitchen blind down and see that the window is fastened—that I do every night—I had no particular reason for noticing it that night; only what would apply to every night, I never miss—I know I awoke between 5 and 6 in the morning, because I looked at my watch to see what time it was; I generally do so; I generally wake up about that time—this brush has been in the family ever since I was a child, and has been in constant use; it is an old favourite that I always used—I am quite certain about it, I had used it that day—the shawl is an ordinary shawl—I have seen other ladies besides my wife wear shawls like it.
Re-examined. I left my tobacco jar on the table that night, and next morning the contents were gone—it was shag tobacco.
WILLIAM GAUNTLET CROUCHER . I am a signalman on the London, Chatham, and Dover Railway—I was on duty at the Meopham railway station on the night of 23rd October, when the last down train arrived, at 10.45—the prisoner, in company with another man, arrived by that train—they gave up tickets from the Elephant and Castle and passed out of the station—Mr. Light's house is about 100 yards from the station—I saw the prisoner again just before 12, just opposite Mr. Light's house, as I was closing the station gates—the other man was with him—they were coming from the direction of Nurstead—I asked them if they had mistaken their way—they made no reply—I asked them a second time, and the man not custody said Yes, they had been about three-quarters of a mile—I then asked them where they were bound for—they made no reply, but walked on, apparently half intoxicated, in the direction of Meopham Green—I watched hem up the road about a quarter of a mile, by the Fox and Hounds—next morning, in consequence of what I heard, I communicated. with the prosecutor—I first telegraphed to Fawcombe station, and then rent there with the prosecutor—it is about three miles from Meopham—saw the prisoner on the platform at the Fawcombe station—he entered he back part of the train—I went on in the train as far as Swanleigh and telegraphed from there to Bickley for the assistance of a police-constable, knowing there was one on the bridge there—at Bickley we all got into the same compartment with the prisoner, and at Bromley he was given
into custody, when he tried to make his escape—it was a very moonlight, bright night on the 23rd.
Cross-examined. There were only two passengers by the last train that night—I always notice where the tickets come from—I had never seen the prisoner before—it was the other man who spoke, not the prisoner.
GEORGE GODFREY (Policeman P 212). I was on duty at Bickley station on the morning of 24th October—in consequence of information I got into the train at Bickley with the prosecutor and the last witness—I went with them as far as Bromley, and there I took the prisoner into custody—I charged him on suspicion of breaking into a house at Meopham on the night of the 23rd—he did not say anything—I then removed him from the carriage on to the platform—when he got into the main road he struggled hard to get away—I took him to the station, he was there searched and these things were found upon—the brush and shawl the pro-secutor identified—the brush was in his inside coat pocket, and the shawl was wrapped round his body, between his vest and trousers—underneath I also found some tobacco in paper; it looks like shag, but I don't know whether it is or not—this knife and pocket handkerchief (produced) were also found upon him, but the prosecutor could not identify them.
SAMUEL PARSONS (Policeman). On the morning of the 24th I went to the prosecutor's house—I found that the back kitchen window had been forced open—I found two marks on the window-sill, and outside the window I found a spade which corresponded with those marks—the catch of the window was broken off—I went on to Bromley by train and found the prisoner at the Bromley police-station—he was handed over to me and I charged him with breaking and entering the dwelling-house of Mr. light; in fact I charged him with three offences—he said "You are making it b——y hot for me; I admit breaking into the house at Meopham, but it is not likely I am going to admit the others—I will admit taking the things you have in your hand from the house at Meopham"—I then had the shawl, the brush, and the tobacco in my hand—I afterwards received the other things that have been produced.
Cross-examined. I have been in Court during the examination of the last witness—I have stated before his admission that he took the things from the house—there were other persons present when he said it—the lock-aip-kerper at Bromley was present, he is not here—Godfrey was not there at the time, nor was the prosecutor—there was one other person present, I don't know who he was, he was not before the Magistrate—I and quite sure the prisoner used those words "I admit taking the things from the house at Meopham"—there can be no mistake about it.
The Prisoner's Statement before the Magistrate. I told him I knew nothing of breaking the house of Meopham, and that the shawl and the brush were given me by a man—I have no witnesses."
Witness. He did not tell me that the shawl and brush were given him by a man, nor did he say so in my presence.
GUILTY *— Seven Yean' Penal Servitude.
Before Mr. Recorder.
MR. POLAND conducted the Prosecution.
ELIZA HART . I am the wife of Robert Hart, who manages the Grove Tavern, Battersea Park—on 16th October I served a man with some gin, who gave me a bad florin—I returned it to him, and he paid me with a good shilling—I followed him out and saw him speak to the prisoner, who ran away, but I saw him shortly afterwards at the Three Horse Shoes beer-shop, and gave information.
THOMAS RAWLINGS . I manage Mr. Gurling's furniture shop—about quarter to 3 on 5th October the prisoner and another man came in Mrs. Hart spoke to me, and they both ran away—the prisoner was followed and I afterwards saw him at the Three Horse Shoes—I said "You have had a hard run, old man"—he said "What has that to do with you—the other man put something in a fence and escaped—I saw the prisoner pass round a van to the beer-house.
THOMAS EASTELL . I am a labourer of 5, Clark Row, Brixton—on 15th October I was at the Three Horse Shoes, and saw the prisoner come round a corner and put something in a van which was standing there—I am sure he is the man—I saw Barrett examine the van. John Barrett. I keep the Magpie—on 15th October, about three o'clock, Eastell spoke to me—I examined the van and found a black Bag, which I examined in Butler's presence—it contained 49 shillings, which I handed to a constable.
Prisoner's Defence. It is a case of mistaken identity. On 15th October went into the Horse Shoe public-house. Mr. Rawlings came in and said "What is this? you know all about it." He went out and Eastell said "This is one of them." He took away my money and gave me in charge I work for Mr. Toby, a bootmaker, of London Bridge, and for Mr. Allen, of Dover Street, Borough, and I have worked in the telegraph, Office Thread needle Street. I have been in prison five weeks, and have A wife and two young children unprovided for.
NOT GUILTY .
MR. POLAND conducted the Prosecution.
11 years old—on 8th November, about 6 p.m., I was with Henry Symons, who is 12 years old, and the prisoner asked Symons where there was a grocers shop—he said "Just past the Bull Inn"—he asked Symons to go and get him some bread and cheese and a penny candle—Simons said that he could not go, and the prisoner said he would give me a penny if I would go, and gave me a florin—I took it to the grocer's and asked for the things, but they would not serve me, and called a policeman—I went back to the prisoner, who was waiting, and he was taken into custody.
HENRY SYMONS . I was with Barrett—the prisoner asked me to get him some cheese and a candle—I told him I could not go, and said "Bill, will you go?"—he said "Yes," and the prisoner said he would give him a penny, and he gave him a florin, and walked up and down the road while he went.
HEXSY HARVEY (Policeman). I was called to the shop and saw Barrett—I followed him out, and the prisoner spoke to him—I took him in custody, and asked him if he gave the boy the money, and showed it to him—he said "Yes"—I asked him if he knew the boy—he said "No," and that he got it at Mr. Gascoyne's, near the church, on the Richmond Road, where it was given to his mate Dicey for emptying a cesspool—I took Dicey, but he was discharged by the Magistrate.
WILLIAM SEALEY (Detective Officer). I saw the prisoner at the station—he said that he lived in Mortlake Road, Richmond, and received the coin from Dicey, who received if from Mr. Gascoyne—I took Dicey, but he was discharged. James Claydon. I know the prisoner by working with him five or six weeks ago—I saw him at Marsh Gate on the day he was taken in custody—he pulled a florin out of his pocket and threw it up, and I told him it did not look a good one. William Webster. This florin is bad.
The Prisoner's Statement before the Magistrate. "I never worked for Mr. Gascoyne; I only worked for Mr. Fielder. I must have taken the piece for my work. I asked Dicey if he knew; he said No. I asked the boy to take it to the shop.
Prisoner's Defence. I did not say I worked for Mr. Gascoyne, the other man took it for my wages, or else my wife took it. I did not know whether it was bad or only damaged.
NOT GUILTY .
57. CHARLES BACK (21) [Pleaded guilty: see original trial image] to Burglariously breaking and entering the dwelling-house of Stephen Larby, and stealing therein a hat, a coat, a piece of pork, and other articles, his property— Twelve Months' Imprisonment.
Before Mr. Common Serjeant.
MR. SAFFORD conducted the Prosecution.
FREDERICK ROBEKT OLISON . Prior to last May I knew the prisoner by name and had seen his photograph in an album, and therefore his face was familiar to me—he was confidential clerk to a friend of mine at
Camberwell—on 13th. May he came into my shop and sent in this enve-lope, with "Geo. Moyse" on it—he said that he had met with an accident last Wednesday, and fell down on the pavement and was picked up insensible and carried into a chemist's shop, and when he came to his senses his purse and railway-ticket were gone, that he had no money to get home and knew nobody in London, and asked me to change a cheque for 4l.—I said "Have you a banking account?"—he said "Yes"—I said "Are you in Simms Brothers' employ?"—they are my relatives in Cornwall—he said "I have loft them a few months, but I have an account at Dugley's bank, with plenty to meet the amount"—he produced this cheque for 4l. on Dugley's bank, Tavistock, and I gave him four sovereigns—I paid it into my bank, and it was returned on 22nd May, marked "No account"—I then took out a warrant for the prisoner's apprehension—I afterwards met him at Plymouth, and said "What do you intend to do about the cheque, as I shall give you in custody?"—he said "You can only take my body; if you will wait till next Saturday I will pay you the money"—I said that I should not wait; I had made up my mind to give him in custody—I walked about with him in hopes of meeting a constable, but did not see one, and let him go on his promise that I should see him on Saturday but I never saw him till he was taken into custody.
Cross-examined by the Prisoner. I can hardly say whether I suggested Saturday for payment, or whether you did; you wanted longer, and I think I insisted on that week.
By the COURT. If he had paid on the Saturday there would have been an end of it. "
NOT GUILTY .
MR. RAVEN conducted the Prosecution.
WILLIAM LEAK . I am a fireman on board ship—on 10th November, about 10 or 11 p.m., I was at the "Wallace public-house, at the corner of London Bridge, calling for a pot of beer, when the prisoner came in and drew a knife across my throat—I put my hand up to save my throat, and my hand was cut—he ran out of the house, and I was taken to the hospital—we had had a row at a coffer-stall about 9 o'clock—the coffee-man pushed him down, and he got up and blamed me for it, and we went down the steps to fight, but two policemen prevented it, and we went to public-house and had a pint of beer together, and when we came out he aid "I must' have a couple of punches at you"'—I said "I shall have one at you if you give me one;" so he hit me in the eye, and I knocked him down and left him on the ground and went home—he was not insensible, but he would not get up—after this I went to the public-house—two or three "chaps" were with me when I was stabbed—my clothes were saturated with blood—the wound was rather on my chin. Joshua Towns. I keep a coffer-stall at the corner of London Bridge—10th November the prisoner asked me for a pipe of tobacco—I did at know him—he got too close to me—I pushed him and he fell in the mud—he got up directly—Leak had done nothing to him; he was talking me—they went away to fight, and I missed my knife off my stall—this is it—my stall is 20 yards from the Wallace.
HUGH NEIL . I am a costermonger—I saw the fight in Tooley Street—the constable turned them away, and they went to the Joiners' Arms—looked in and saw them with a pint pot on the counter—they came out—the prisoner pulled his coat off, and the prosecutor buttoned his up—I saw blows exchanged, and saw Leak smash the prisoner on his face and knock him down and walk away, leaving him lying on the pavement.
HENRY KAMENA . I am barman at the Wallace public-house—I saw the prisoner come in—he put his hand round Leak's head, and tried to cut his throat with a knife—this is the knife—he had it in his hand when he came in.
MATTHEW CHICK (Policeman 225 M). I saw the prisoner come out of the Wallace and throw something in the air—I stopped him and asked him what he was running for—he said that he had just cut a man's throat, and he wished to be locked up—he also said "I will tell the Inspector when I get to the station that you kicked me in the eye"—I had not kicked him—he had been drinking, but was not drunk.
The Prisoner's Statement before the Magistrate. "I do not remember doing it, was drunk" He made the same statement in his Defence.
GUILTY . He was further charged with having been convicted of burglary in February, 1877, to which he
PLEADED GUILTY.— Seven Years' penal Servitude.
Nine Months' Imprisonment.
MR. PURCELL conducted the Prosecution; and MR. SHERSTON BAKER the' Defence.
THOMAS CARNEY . On the 28th October I was in Freeschool Street at about 11.10 p.m. with another chap—a woman was walking behind us, and the prisoner and another—were walking on the other side—they—called out "Whoa Emma," and they came over and the prisoner struck me on the forehead and nose—he had nothing in his hand that I saw—I felt a cut on my forehead, and was knocked up against the gate, and then I went up to the prisoner to hit him, and the other man came up with a knife and drew it down my arm—two gentlemen caught hold of me as I was falling, and I found myself at the hospital.
Cross-examined. I had been spending the evening in a public-house in Tooley Street—we had two pots of beer between two of us—I was with Matthew Coventry—I saw under the lamp who it was struck me—I saw nothing in his hand. '
MARY BUEKE . I am a single woman, and on the night of the 28th I was with my sister in Freeschool Street—the prosecutor was walking on in front, I believe—I saw the prisoner and another man on the other side, and they shouted out "Whoa Emma" two or three times—the prosecutor said "Shut up," and the prisoner rushed over and knocked him down, and as he hit him blood flowed from his head, and I took my apron off and wrapped it round his head—the prisoner pushed me and knocked me down—the other man stabbed the prosecutor after the prisoner knocked me down—he had a knife in his hand at the same time.
The COURT considered the case only amounted to one of a common assault.
NOT GUILTY .
62. WILLIAM HANSON (18), ROBERT GARRARD (16), and JOHN STURGE (18) , Burglariously breaking and entering the dwelling-house of Morris Silver, and stealing two pairs of trowsers and other property, his goods.
HANSON PLEADED GUILTY to stealing only.
MR. GOODMAN conducted thee Prosecution.
CHARLES WALKER . I am manager to Morris Silver, of 140, Old Kent Road—I shut up as usual—I heard a smashing of glass between 2 and 2.30—I went down, and the police communicated with me—these clothes (produced) were in the shop.
THOMAS ING (Policeman—510 P). About 2 a.m. I saw the prisoner and another man outside the prosecutor's shop—I heard the crashing of glass, and saw Garrard stoop down and Hanson button his coat up, and they all ran away—I followed Hanson, and tore his coat open, and this coat dropped from' him—he then swung round and got away—I sprang my rattle and called out "Stop thief," and on seeing another constable coming towards him he stopped—I identified Sturge three nights afterwards at the station.
GARRARD'S DEFENCE. was coming home from my aunt's—I saw a policeman catching hold of Hanson, and another caught me—I told him I had nothing to do with it. Sturge's Defence. I was not there at all.
GUILTY . GARRARD and STURGE also PLEADED GUILTY to having been before convicted of felony— Eighteen Months' Imprisonment each.
MR. GOODMAN conducted the Prosecution.
GEORGE JACOB MOSS . I am a traveller, and reside at 98, St. George's load, Southwark—a little after midnight on the 21st Oct. I was in the London Road, looking at a potato stall—five or six men came along, and suddenly my hat was knocked over my eyes—I was thrown down, and then felt a hand—a constable came and knocked two men down and secured one—I had some money in my waistcoat-pocket—I had been drinking.
Cross-examined by the Prisoner. I did not see you.
ROBERT BELTHAM (Policeman 236 M). I saw the prosecutor standing a potato-stall, and I saw some men doing something to him—I rushed: them—the prisoner was on his knees, and had his hand feeling the prosecutor—the prisoner remained where I knocked him, and I soon come back after running after the others, and took him into custody.
The Prisoner's Defence. This officer is always following me and kicking me. I am innocent. I have only one arm. I could not do it. I was with no one. I was coming out of the Albert's Head.
GUILTY .** He also PLEADED GUILTY to a former conviction of felony Seven Tears' Penal Servitude.
Before Mr. Justice Denman.
MR. LILLEY conducted the Prosecution; MR. HORACE AVORY appeared for Mannett, MR. SAFFORD for Deekes, and MR. SIMS for Curry.
GUILTY . MANNETT and CUBEY— Ten Years' Penal Servitude.
DEEKES recommended to mercy by the Jury— Twelve Month' Imprisonment.
Before Mr. Common Serjeant.
ALEXANDER PLEADED GUILTY .
MR. PURCELL conducted the Prosecution; and MR. EATEN defended.
KATE WILSON . I am the wife of Alfred Henry Wilson, of Arlington Yard, George Street, Richmond—Alexander was in my service—I kept my cash-box, money, and a bag of notes in a top drawer in my bedroom—I saw them safe on the evening of the 8th—about ten that night Fairchild called to fetch Alexander home—Alexander went upstairs soon after 11 o'clock—Fairchild went into the kitchen—I had occasion to go to my own room and I heard a noise like a drawer sliding in or out—I found Alexander in the room—I went part of the way downstairs with her and then returned to my room—I found the drawer unlocked which was usually locked—the cash-box and notes were gone—I went down stairs to the prisoners and detained Alexander on the pretence of being unwell—I noticed she had something bulky under her left arm—when Mr. Wilson came home I made a communication to him—he then went and spoke to Alexander—I did not hear all he said—I had lost the key of the cash-box about six days before—my husband kept one key and I the other.
Cross-examined by MR. EATEN. I have known the prisoners by the name of Laurie and Lucy Alexander—the female went upstairs to put her hat on—my conversation with her about being unwell took place at the side door leading to the coach-house—when I asked her to stay she came back immediately—she cried out "Laurie, dear," and "Mr. Alexander, where are you?"
ALFRED HENRY WILSON . I am a cab proprietor living at Richmond—I came home between 12 and 1 o'clock on the 9th November—my wife was with Mr. and Mrs. Alexander—I said to them "Will you have a glass before you go?"—they walked through the coach-house into the kitchen—Mrs. Wilson followed them—she beckoned me and said something to me, and I asked Mrs. Alexander twice if she had anything belonging to me—she made no answer—I noticed something in her appearance and put my arm round her and found this cash-box—it was unlocked—I had left some money in it, I do not recollect the amount—I found 2l. or 3l. left in the cash-box, and 18l. 14s. was found in her pocket—she said "Do forgive me, Mr. Wilson, I will tell you all about it"—I said "What have you done with the notes?"—she said "I have not got them"—I said "Have
you given them to Mr. Alexander?"—she said "No, he knows nothing about it," or "He has not got them"—he was two or three yards off, and could see me—I asked him what she had done with the notes—he walked out in the yard—I went for the police and gave Lucy in charge—I had seen the notes at I o'clock in the morning—I went with the policeman to where the prisoner lodged—Mr. Alexander came to the door—the constables asked him if he had been to Richmond—he did not know at first, but afterwards said he had, and that he did not remember anything after, as he had had some whisky, till he found himself on Richmond Green—he then went upstairs—we remained outside about ten minutes and then went up, and the two constables searched the room—he said "You have no right to search, you have got no warrant"—they then left off and we brought them away in a cab.
CHARLES COVER (Policeman F 352). I was on duty on the morning of the 9th November, in George Street, Richmond—I heard some one scream and went in that direction—I went up the prosecutor's yard and saw the female prisoner at the side door that leads into the coach-house—she was slipping down beside the carriage, and the prosecutor apparently was in the act of taking the cash-box away from her—Mrs. Wilson stood on the door step, and held the cash-box and something in some paper—I heard Mr. Wilson ask the female prisoner what she had done with the notes—she said she had not seen them—I charged her with stealing the notes—she said "I must admit taking the cash-box and the money as you have found it on me, but I do not know anything of the notes"—about ten minutes before that I saw the male prisoner at the corner of the police-station, the entrance to the yard—I went with the prosecutor and another constable to Barnes—I saw him, and told him his wife had com-mitted a robbery at Mr. Wilson's, and he would be charged with it—I took him to the Richmond station—we searched the lodgings and found U. in gold and 9s. in silver—he was not left alone when I saw him at V. Barnes, I believe he was before.
WILLIAM EICKS (Policeman V 135). I went with the other witnesses to the prisoner's lodgings—I went to the front of the house—the male prisoner came to the window and then to the door—I asked him where Mrs. Alexander was, he said at first "I really do not know," and afterwards "I recollect, I left her at Mr. Wilson's at Richmond"—I told him she was ill, and I wanted him to come and see after her—he said "Very well, I will put my clothes on"—he was then in the passage—he went up stairs, and I remained down stairs five minutes—then he came to the landing and I went up—I took him to Richmond—there was no fire in the room—I did not search the room till he had put his clothes on—we took him to the station first and then came back and searched the house—here was a candle alight in the room.
Cross-examined by Fairchild. You often came for Mrs. Alexander, but ever went away without her before—you have driven out with us—we treated you as friends.
Lucy Alexander's Statement before the Magistrate. I found the cash-box
in the drawer: the drawer was unlocked. I unlocked tie cash-box with keys that were in a little box in the drawer, and took the contents.
Fairchild's Statement before he Magistrate was that he walked out in the yard because he had been drinking, and that he never saw the notes or the money.
FAIRCHILD— GUILTY.— Judgment Respited.
ALEXANDER.— Four Months' Imprisonment.
Before Mr. Recorder.
Before Mr. Justice Denman.
HENRY WOODHOUSE . I am a labourer at Chamber House Farm, Thatcham, Berks, the property of Mr. Tull—on Thursday, 18th October, about 12.25, I saw the prisoner run from the house that was burnt; it was a place built for weaning calves, a wooden shed with a thatch—the prisoner went round into the stable where I was; he and the boy, John Rodd, were together—Rodd is younger than the prisoner—about 10 minutes afterwards I looked out of the stable and saw smoke over the building across the farm-yard—I ran round to see what it was, and found the calves' house all on fire—I then ran back to alarm some one—I can't say whether there was any one else there at the time except the two boys, after I gave the alarm there was—I was about 78 yards from the place when I first saw the fire—the prisoner and Rodd had just come out, they were both running together—they came out of the shed where the fire was—they came and asked me what time it was—other persons might have gone to the shed between the time of the prisoner coming to me and my seeing the fire.
EMILY-WAKEITELD. I am a domestic servant at Chamber House Farm—on the morning of 18th October the prisoner came tome about a little past 8 o'clock, and asked mo for some matches to make a fire in the chimney—the chimney is in a cottage on the farm used for agricultural purposes—I gave him some matches and he went away—he was in my master's service—no other boy came with him.
JOHN MILLS . I am a member of the Berkshire constabulary—on 18th October last, between five and six in the evening, in consequence of information, I saw the prisoner—I asked him to show me where the fire had been—he took me and showed me—I asked him if he knew who did it he said "I did not do it, it was Rodd; I dropped a lucifer in the road, Rodd picked it up, and said 'Let us go and set the shed on fire, it will make a job for the carpenters'"—I then took the prisoner to George farm, Cookham, where Rodd lived—I found Rodd and charged him in the prisoner's presence with setting the shed on fire—he said "I know nothing about it"—I told him what the prisoner had told me—he said "I did not do it, it was Sims; he went to the servant girl at Chamber House farm, and got part of a box of
matches, and he came to me and said 'Let us go and make a fire in the shed;' I went with him and saw him set make on fire"—Sims did not deny anything that Rodd said; he said nothing—he only said "I threw the box in the fire and burnt it"—I then took him into custody—I took both of them.
GEORGE PEVFOLD . I am assistant bailiff to Mr. Tull—on 18th Octo-ber last I saw the shed a little before 11, it was all right then—I returned in the afternoon at a little past three, I then found it burnt down—the prisoner was employed as a cow-boy—it was part of his duty to lifter up the shed—I have known him some time, he has been a very good boy.
By the COURT. He has all his senses about him, I have not seen any-to the contrary—I don't suppose he thought of all the harm he was doing; it was a mischievous act; I should think ha would know that he was doing wrong, and that it would do harm to somebody—I know Rodd, he is younger and smaller than the prisoner—when Rodd was charged he said "Please, sir, I was along with him."
The Prisoner's Statement "before the Magistrate. "I did it."
NOT GUILTY .
Before Mr. Justice Denman.
GEORGE HARDING . I keep the Fitters' Arms, York Road, Brighton—the prisoner is my sister—in October last she was staying at my house—on Monday, 22nd October, about 12.30, I went upstairs, and the prisoner called me into a room adjoining her bedroom, which was used as a nursery for my children—her first words were "Oh, George, I have something 30 awful to tell you"—I replied "Good God, what do you mean?"—she pointed to a box and said "There is a dead child in that box"—the box was in the nursery—it was her own box—she had two trunks—I went and looked at the box—it was not locked—it was shut down—it was an ordinary travelling-trunk, a deal box—I opened it and found the dead body of a child wrapped up in some kind of wrapper or a handkerchief—merely tied together; the head and all was enveloped in it; the box was full of her clothes, and this was at the top—I asked her several questions, when it took place, and what she meant by bringing such a disgrace to my house—she said she was very sorry—she intended to go to a lying-in hospital—that week—she said first of all it happened on Thursday light, and afterwards she said on "Wednesday night—a servant, Rose Lintott, slept in the same room with the prisoner—I had not the slightest idea of her being in the family-way—she was about between the Wednesday and the Monday, except on Thursday—she lay in bed complaining of diarrhea.
Cross-examined. She said she had arranged to go to the lying-in hospital, but that the birth was premature—she was very excited.
JOSEPHINE HARDING . I am the wife of the last witness—the prisoner was staying with us in October—on Monday, 22nd, my husband communicated to me what he had found, and I went upstairs and saw the prisoner—I asked her if it was true what my husband had told me; she said yes, how very dreadful it was—she said at first the child was born on the Thursday, and then on the Friday morning, but afterwards that was contradicted., and she said it was on Wednesday night—on the Wednesday evening she complained of pains in her inside, and she said had had diarrhea very badly all the afternoon—I gave her some brandy—my husband had previously given her some—I told her to go to bed, which she did—I saw her a little after 11 that night; she came down stairs with a pail in her hand—I asked her what she was doing downstairs with the pail; why did she not allow the servant to take it down?—she said she had been very sick, and she did not like the servant to clear it up, so she had done it herself—I advised her not to get up in the morning, and she stayed in bed all day on Thursday—I did not know of her being in the family-way.
Cross-examined. There was nothing in her appearance that made me suspect it—she was not in an excited state when she spoke to me on the Monday—my husband was very much excited—I thought he was going out of his mind, he was in such a state of excitement—he was very much upset and angry—the children were away in the country at the time.
ROSE LINTOTT . I was in Mr. Harding's employ when the prisoner was staying there—she slept in the same room with me, but in a separate bed—I was out on Wednesday evening, 21st October—I came in at 20 minutes to 10 and went to bed soon after—the prisoner was standing at the top of the stairs—she said she had been very sick, and her head was very bad—I went to bed—she came to bed later on—I was asleep, and did not see her come to bed—I did not know of her being in the family-way—on the Friday morning I noticed stains of blood on the sheet.
EDWARD NOBLE EDWABDS . I am a surgeon at Godsmith Road—on Monday, 22nd October, I was sent for to Mr. Harding's house, and there saw the prisoner—I examined her and found that she had been recently delivered of a child—I was afterwards shown the dead body of a child in a box—I examined it next day, Tuesday—I came to the conclusion that it had been born four or five days; it was a full-grown child.
Cross-examined. Females, especially with a first child, frequently miscalculate the period at which their confinement is to take place—they often fancy the pains on the eve of confinement arise from diarrhea.
NOT GUILTY .
The Prisoner was also given in charge on the Coroner's Inquisition for the the Wilful Murder of the said child, but the Grand Jury having ignored the bill, no evidence was offered on the Inquisition.
NOT GUILTY .
Before Mr. Justice Hawkins.
NOT GUILTY .
ADJOURNED TO MONDAY, DECEMBER 10TH, 1877.