CENTRAL CRIMINAL COURT.
OWDEN, MAYOR SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody—two start (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 10th, 1877.
Before Mr. Common Sergeant.
MESSRS. STRAIGHT and GRAIN conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
The facts stated in the opening by MR. STRAIGHT appear in the next ease. The receipt in question was written by the prisoner in his own name. The contention for the prosecution was that, it being used for a false purpose, it came within the definition of forgery, as laid down in Beg. v. Richardson,. 1 Law Reports, Crown Cases Reserved; also in Leech 1, Reg. v. Jones, in Sir Fitzjames Stephens's book, and in East. MR. WILLIAMS argued that if the doctrine contended for was to prevail, every written document which was false would be a forgery at common law. The COMMON SERJEANT, without deciding that MR. STRAIGHT'S argument was not right, said that it struck him as a novel application of the doctrine of forgery, and he should certainly reserve the point if it was pressed. MR. STRAIGHT thereupon withdrew from the prosecution of this indictment.
NOT GUILTY .
MESSES. STRAIGHT and GRAIN conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
LANCELOT CHARLES DUNCAN LIPSCOMB . I am a clerk in the Divorce Registry—I produce an office copy of a decree nisi for a divorce in the case of Willshire v. Willshire, and other documents which were produced at the police-court—the Chief Clerk gave them to me—I have an affidavit sworn by the prisoner dated 12th June, also a copy of the order for the payment of costs and the interpleader summons—I have a document purporting to be an affidavit of J. N. Able; also one of Simon Carr and of Mrs. Gliddon; also an affidavit of Willshire of 16th of June; of Thomas Sampson, a solicitor, and of his clerk, Mr. Dibbin—the original decree nisi is in the Registry.
WILLIAM MAYNARD . I am solicitor to the Sheriff of Middlesex, of 10, Clifford's Inn—I caused this summons to be issued—I produce, the order of 12th June on the interpleader summons, and a copy of the second order setting aside the first.
Cross-examined. I was present when the matter was argued before Sir James Hannen—none of the affidavits were read, but they were all referred to and inserted in the order.
JAMES FREDERICK DIBBIN . I am clerk to Mr. Thos. Sampson, 252, Marylebone Road—I have known Willshire as being employed by Mr. Bretton, a solicitor—early in June he came to Mr. Sampson's office with a Mr. Carr (I had had a communication with Mr. Sampson as to an interpleader)—I said "What Mr. Carr is it?"—he said "The claimant," or "One of the claimants in the interpleader; I have brought him in order that he may know you; he will be at Westminster"—on Tuesday, 12th June, about 9.30, the defendant called at Mr. Sampson's office, and handed me these two documents and another one—he said "These are the affidavits to be used in the interpleader summons"—I said "This morning?"—he said "Yes"—I said "What about copies for the other side?"—he either said "I have sent them," or "They have had them"—either I or Mr. Sampson said "What about the fee for the attendance this morning?"—he said "I will meet you this morning at Westminster before the summons comes on"—I went to Westminster, and attended before the President of the Divorce Court—Mr. Herbert was there representing the execution creditor; Mr. Maynard, the Sheriff, and myself the claimants—I showed these three documents to Mr. Herbert, and we all went before the President, and after reading the affidavits Mr. Herbert elected to take an issue—the papers were handed back to me—they were not then stamped—Willshire had said he would meet me to file the documents—I afterwards met him in the hall, and he handed me this affidavit of 12th June—I put the stamps on the four affidavits and handed them to the clerk to file.
Cross-examined. Those affidavits are the only documents he handed to me—they had no influence on the mind of the President—Mr. Herbert elected to take the issue without any reference to those affidavits—the affidavit of 12th June was handed to me afterwards, when the whole thing had been disposed of.
THOMAS SAMPSON . I am a solicitor, of 252, Marylebone Road—early in June the defendant saw me at the Marylebone Police Court, and he assured me Britton was out of town, and as he had an interpleader summons to attend to, he asked would I let my clerk undertake it—I said I would—he handed me a paper, which I signed, and he took it away—it was a notice of claim upon certain goods.
JAMES NAPTON ABEL . I am a wine merchant, of 37, Westbourne Park Road—in June last I had been acquainted with the defendant two or three years as a solicitor—I was on very friendly terms with him—I knew him while he was residing at 67, Church Street, Kensington—I had offices in Pall Mall Place—on 5th June he called on me there between four and five in the afternoon—he brought two papers, and asked me if I would sign them for him—I said I had no objection as long as they were all
right and did not affect me in any way—he said they were to do with protecting his furniture—I signed the two papers—they had Mr. Sampson's name outside—this is one of them—that is my signature—I was never sworn to it—before he went away he gave me this receipt for 50l., for his furniture, as he put it—it is dated 19th September, 1876—it is not true that I paid him 50l. for furniture, or that the furniture at Church Street was let by me to Mr. S. Carr, or that they were my sole property—he said he had a friend outside, would I be introduced to him—I said I had no objection—I went out and was introduced to Carr, but finding him anything but a gentleman I did not stop a moment—I don't think there was any heading or jurat to this affidavit when I signed it—I could not swear about the heading, but I am certain there was nothing at the bottom—on 12th June I went to Mr. Herbert's office, and had a conversation with him, in consequence of which an affidavit was prepared for me—on the morning of the 13th I went to Somerset House and inspected the affidavit purporting to have been made by me—I am acquainted with the prisoner's handwriting—to the best of my belief this receipt is His writing.
Cross-examined. I have been in business four or five years—I did not read the documents which the defendant asked me to sign—I did not know the nature of them—I knew partially what was in them, that it was to protect his furniture—I certainly did not know that I was signing an affidavit, I swear that—I asked the purport of it, and he said it was to protect his furniture—I won't pledge myself that I did not read it—I believed in the man implicitly—he had acted as my solicitor for two years—I don't believe I read either "of the papers—I did not know the nature of the other document, nor do I now, unless—it was a list of his furniture—I have seen it since at Somerset House, and at Bow Street, I think—it was an agreement—I can't say that I knew then what it was—I know it referred to his furniture, and I knew no more—I can't say whether it was an agreement for the hire of his furniture—I won't swear one way or the other—I could not tell you whether there was a date to it—I did not ask why it was dated 19th September, 1876—I saw on it, "Received of Mr. J. N. Abel 50l. for furniture"—I knew that the whole thing was fictitious—I did not say anything—in September, 1876, the defendant did not ask me to lend him 50l., that I swear; unfortunately I gave him my acceptance for 50l.—it was to buy some property for myself, not to lend him—it had nothing to do with this case—he did not ask me to lend him my acceptance for 50l. for his own benefit, nor did I do so—I did give him my acceptance for 50/. but not for his own use—I paid it in January or February—this (produced) is it—I have accepted more than one bill for 50l., which I handed to the prisoner—Mr. Good discounted one bill and renewed it, and the renewal was paid—I see Good's name on the back of this bill—I presume that the proceeds of that bill went from Good to the prisoner—I was not called upon to pay this bill, because I gave another in its place—I don't know that that second bill was discounted by a man named Eyre—(looking at a letter) I suppose I received this letter and sent it to the prisoner, calling his attention to it—I have no doubt, now I see that letter, that Eyre did discount the bill and applied to me for the money, but I did not remember the name—this is another matter, quite foreign to this case—there have been two or three bills, I can't remember which was which—this letter is dated 5th May, 1877—I
don't know whether I took up this bill—I took up all that have been presented at my bank—if I did not take this up I gave another in its place—the prisoner held a bill of mine in June, which he sent me the middle part of back—whatever bill I have paid has been returned to me through my bank, and I have got it—I have paid every bill that I have accepted, unless it has been renewed—I swear that the receipt for 50l., dated September, 1876, was never in my possession or brought to me until June, 1877—that has no reference to the acceptance in September in any shape or form—when I gave him the 50l. acceptance he did not tell me that the only security he had was his furniture, the subject of this affidavit, that I swear.
Re-examined. Wiltshire asked me once at my house whether I would sign something for him—I cannot tell you how long before the 5th June it was—it was some time this year—I never heard of the furniture being assigned to me—I was only once in the house in Church Street—I had not seen Carr till the 5th of June—it is not true that I had leased to him on 20th February, 1876, the furniture mentioned in the schedule—I did not see the signature of Carr upon it when I signed it—I have had three or four bill transactions with Willshire, and I have always satisfied them by payment at my bankers or by giving renewed acceptances—I gave my acceptance for 50l. on the property at Hoxton, which was discounted—it was a house that was to be purchased jointly by him and me—I have never seen a deed or anything to do with the property—I don't know what he did with the money—he brought me a deed and took it away again—I have not got the property now, because I can't get hold of my deed—the acceptance was renewed once, and it was paid the second time—that bill was given this year.
AUTHUR CHARLES RHODES . I am a solicitor, of 63, Chancery Lane, and am a commissioner to administer oaths—this affidavit purporting to be sworn by J. N. Abel was sworn before me—Abel is not the person who swore it—the name rather attracted my attention at the time, knowing a professor of that name—the jurat was put on by one of my clerks, the schedule is not marked as an exhibit—I can swear that it was not called to my attention, otherwise I should not have marked it as an exhibit—the man who appeared before me was a scrubby little fellow—he was described as a wine-broker—he looked more like a furniture-broker, and a very low class too.
Cross-examined. I swear between seventy and eighty affidavits in the course of a year—I particularly noticed that the man was a very scrubby-looking person, and very dirty too.
ALICE GREGORY . I reside with my mother, at 16, Grove Street, Marylebone—I made the acquaintance of the defendant at the beginning of 1876—I knew him at 7, Gordon Place, and 1a, Camden Road—in November, 1876, I engaged to marry him—I have called on him there—he said the furniture was all his—he said he occupied the whole house—at the beginning of July last I found that the furniture had all gone—he said it was owing to some stupid neglect of his late governor, Mr. Rose, that he had a case on at Croydon, that he had a sum of 90l. to pay, that he could not pay it, that they adjourned the case till the next day, and he went home and cleared everything out of the house, and sent all the things to some brokers in the neighbourhood, and got the money that he wanted lent him—he showed me a bag with money in it that he had got
on his furniture, and a book with some bank notes in it—since then the engagement has been broken off, for very good reasons.
Cross-examined. At the time he made the statement to me about his furniture he was paying his addresses to me—when we were married we were to inhabit the house, and I was to have the furniture settled upon me.
FREDERICK SAUNDERS HERBERT . I am a solicitor, of 17, Gracechurch Street—I am solicitor to the lady who was the defendant's wife—I had the conduct of this matter in reference to obtaining the amount of costs, 153l.—prior to the interpleader summons I had received this copy of his affidavit, all but the jurat—I have compared it with the original—it is the same in terms—I attended at the hearing of the summons on 12th June—the affidavits were not discussed at the hearing—I said I had looked through them, and I elected to take an issue—I had read this affidavit at that time, and I expressly requested that it should be filed—on that afternoon Mr. Abel called upon me, and next morning I prepared his affidavit—I accompanied him to Somerset House, and he there inspected his alleged affidavit—I have received 37l. odd in respect of the costs, less expenses—40l. was the gross amount.
Cross-examined. I am conducting this prosecution—I did not conduct the divorce proceedings of the defendant—I came into it after the decree—I then represented the wife—Mrs. Marshall, the mother, is not a client of mine—she has expressed herself very angrily as to the prisoner, not hostile in particular—I am now acting for the Treasury—I was originally acting for Mrs. Marshall, the prosecutrix, as I suppose she would be called now—she is the judgment creditor.
J. N. ABLE (Re-examined). Mr. Willshire owes me, including the money I paid for the house at Hoxton, nearly 100/.
MR. WILLIAMS submitted that the indictment could not be sustained because it was not stated that any application for a loan had been made under the Interpleader Act, and referred to the case of The Queen v. Bishop in 1 Carrington and Marshman; also because there was no averment of the materiality of the matter in respect of which the Defendant was sworn, nor was the particular affidavit used in the proceedings. MR. STRAIGHT contended that the affidavit having been sworn before an authorised Commissioner, with the intention of using it, if it teas false, the charge of perjury was established. The Court overruled the objection.
Witnesses for the Defence.
SAMUEL NICHOLLS . I am manager to Mr. Richardson, of 12, Upper George Street, Bryanstone Square—in August, 1876, I lent 25/. to the defendant upon some furniture, which I removed to my own warehouse—the defendant repaid me on the 11th October, 1876, by a cheque, and removed the goods, but I do not know where to—I should not know the cheque again—I do not think I could identify the name.
GUILTY *— Eighteen Months' Imprisonment.
73. GEORGE SMITH (19) PLEADED GUILTY to Breaking and entering a place of divine worship, with intent to commit a felony, and stealing a book, the property of James Marshall and others**- six Months'Imprisonment
75. MICHAEL SLATTERLEY (18) [Pleaded guilty: see original trial image] to Burglary in the dwelling-house of Thos. Osborne the elder, and stealing a brush and coat; there was another indictment for Burglary against him— Twelve Months' Imprisonment And
76. WILLIAM HAMILTON (27) [Pleaded guilty: see original trial image] to Burglary in the dwelling-house of Edward Eastman, and stealing a coffee-pot, tea-caddy, and other goods, also to a conviction for felony in Feb. 1871, at Clerkenwell, in the name of William Tame **— Ten Years' Penal Servitude.
NEW COURT.—Monday, December 10th, 1877.
MESSRS. LLOYD and COOKE conducted the Prosecution.
THOMAS CHILD . I manage the Rose and Crown public-house, Bromley—on 26th Oct., about 11 a.m. the prisoner came in for two-pennyworth of port wine—my barman served him and brought me a bad half-crown—I gave him in custody with the coin.
JOHN GIBBS (Policeman 142 K). I was at the Rose and Crown—Mr. Child gave the prisoner into my custody—he said that he must have taken the coin at the Blind Beggar public-house the previous evening—he was taken before a Magistrate, and discharged on the 30th.
ELIZABETH STYLES . I am the wife of Thomas Styles, who keeps the White Swan, Ray-street, Clerkenwell—on 13th November I served the prisoner with some rum—he gave me a bad florin, which I handed to my husband, who went out with him.
THOMAS STYLES . My wife handed me this coin, and I asked the prisoner if he knew where he took it—he said "No"—I asked him to go with me to the police-station; we went out and met a policeman, and I gave the prisoner in charge—the coin was given to the Treasury.
GEORGE JACKSON (Policeman 278 G). I met Mr. Styles and the prisoner, who gave him into my charge, with this bad florin—I searched him at the station, and found a good half-crown and one penny—he said that he did not know how he came by the coin unless he had it in his wages, and did not know it was bad—he was taken to the police-court and discharged.
CHARLOTTE ELIZABETH BENNETT . I am the wife of Samuel William Bennett, who keeps the Crown public-house, St. John Street, Clerkenwell—on 24th Nov., between 9 and 10 p.m., I served the prisoner with a glass of stout—he tendered a bad half-crown—I asked him how many there were of them—he said that he did not know what I meant—I said "Don't you?" and gave him into custody.
SAMUEL WILLIAM BENNETT . I am the husband of the last witness—she called me into the bar, and gave me this bad half-crown—I said to the prisoner "Are you come again?"—he said "I don't know what you mean "(he had tendered me a bad florin a fortnight before)—he then gave me three halfpence—I said "You try another game; your face will
describe you wherever you go"—my wife knew him by the description I had given her before—I gave him in custody.
Prisoner's Defence. I got the first half-crown in change of a half-sovereign, the next in change of a sovereign, and the third from my master.
GUILTY — Eighteen Months' Imprisonment.
MESSRS LLOYD and COOKE conducted the Prosecution; and MR. W. SLEIGH the Defence.
The Jury, after consulting for an hour, stated that they were unable to agree to a verdict, and were therefore discharged .)
NOT GUILTY .
MESSES. LLOYD and COOKE conducted the Prosecution; and MR. ODGERS the Defence.
ARTHUR WESTERN . I am manager to Thomas McCarthy, a tobacconist of 164, Oxford Street—on 8th November, between 2 and 3 p.m., the prisoner came in for three cigarettes, and gave me a sovereign—it looked suspicious—I weighed it, found it was not weight, returned it to him, and he gave me a good one—he said that he knew where he took it, and he came again for three cigarettes, and tendered a similar sovereign—a young lady followed him into the shop—he had his purse in his hand, and I saw him give her something—I gave him in charge, with the coin.
Cross-examined. My shop is opposite the Princess's Theatre, and one of the pieces was just over—he did not speak like a foreigner—I am sure he is the same man who came in in the morning.
JAMES MAUDSLEY (Policeman 9 C). On 8th November, at 11 o'clock, I went to 364, Oxford Street, and found the prisoner detained by Western—he and a young lady were given into my custody—the prisoner said that he knew the coin was bad, but he took it from some one, and thought he was at liberty to get rid of it—I searched him and found ten sovereigns, four half-sovereigns, 2l. 2s. 2d. in silver, 1s. 11 1/2 d. in bronze, and this billhead (this was headed "Dalton to L. M. Binstein, 21, Everett Street, surgical-instrument maker and electro-plater; gilding done on the premises")—I went to 21, Everett Street, and found on the door "L. M. Binstein, electro-plater and surgical-instrument maker."
Cross-examined. The proprietor of the shop gave Miss Lyons in custody—the coin is good gold what there is of it—it is light—I went to the
prisoner's house immediately after he was discharged—he was charged the next morning and Miss Lyons was discharged after the first remand—I have marked the sovereign, and there were two marks on it, one on each side, apparently from teeth.
WILLIAM BROWN (Policeman E 165). I was called to 364, Oxford-street, and took the woman Lyons—we were 4 or 5 yards in advance of the prisoner, going to the station—I had hold of her by her left hand—she dropped this sovereign (produced) and I picked it up.
Cross-examined. It was marked by the Sergeant, and I made two or three marks over the horse's head.
WILLIAM CHANDLER ROBERTS , F. R. S. I have been chemist to the Mini for seven years, and have considerable experience in respect of coins—these two coins are good gold, but they have been reduced in weight by the action of a solvent, one 10 gr. 6, and the other 11 gr. 1, which is 1s. 9d. and 1s. 10d. in value respectively—the standard of a sovereign is 123.27—the estimated loss in a year on a sovereign is 0.43, so that in four years these coins ought only to have lost by legitimate wear 2/10 ths and 1/4 of a grain respectively. I have a sovereign here which I reduced by a solvent in an hour, and I produce the gold taken from it.
Cross-examined. I lightened one of Her Majesty's coins by the direction of the Master of the Mint, and got off of it 10.6 of gold—there is copper in sovereigns, and I may have brought the copper to the surface—a solvent makes the surface frosted or honeycombed—the majority of sovereigns leave the Mint a fraction of a grain under 123.27, but one of these coins comes from Melbourne—it is quite possible for a light sovereign to leave the Mint—in 1866 two florins left the Mint, one worth 1s.6d., and the other 1s. 9d.—some sovereigns pass the best part of their lives shut up in banks—coins which are in great circulation bear evidence of being more worn than my average—I call Professor Jevons an authority—he states that coins passing from hand to hand at the East End of London wear a great deal more than those at the West End—gold varies in softness—I do not know that the gold used in 1873 was of a soft quality—I weighed these sovereigns, one weighs 112.624, and the other 112.174.
Re-examined. I do not believe they, have been deteriorated by wear—they do—not look like worn coins—each coin since 1870 has been weighed before it leaves the Mint.
MARY ANN DOWN . I live at Everett Street, Russell Square—the prisoner has lived six months in the basement of my house—he is a surgical instrument maker and electro-plater—I have never seen him at work.
Cross-examined. His man does all the work, and he is generally out obtaining orders—he pays his rent regularly, and is a most respectable man. (MR. ODGERS submitted that there was no proof that the prisoner had himself done anything to the sovereigns, and that there was no case to go to the jury, in which the Court concurred.
NOT GUILTY .
The same evidence was repeated. The prisoner received a good character.
NOT GUILTY .
OLD COURT.—Tuesday, Dec. 11th, 1877.
Before Mr. Common Serjeant.
83. EDWARD HUGH TILSLEY (51) PLEADED GUILTY to three indictments for Embezzling the sums of 150l., 100/., 100/., and 70l. Received by him in the years 1872-3-4 and 5, on account of the Inland Revenue Department, his employers. He was strongly recommended to mercy by the prosecution, having been 27 years in the service, and having paid 800l. to cover his deficiencies.— Six Months' Imprisonment.
84. WILLIAM LACEY (17) [Pleaded guilty: see original trial image] , to Feloniously receiving divers postage stamps and cards, and 8s., the property of the Queen.— Nine Months' Imprisonment . (See page 100.)
85. GEORGE ALFRED PHILLIPS (31) [Pleaded guilty: see original trial image] to three indictments for Forging and uttering transfers of stock amounting to 5,000l. With intent to defraud.— Five Years' Penal Servitude.
MR. BESLEY conducted the Prosecution; and MR. STRAIGHT the Defence.
JAMES SHOOLBRED . I am a bill broker, of 32, Nicolas Lane, Lombard Street—I have known the prisoner about two years—during that time I have constantly discounted bills for him—I usually charged him 5 per cent. per annum interest, with a commission of half per cent. on the amount—sometimes bills were running to the amount of 1,200l. or 1,500l.; at the time this happened there were more than that—about 17th May he brought me this bill of exchange, dated 10th May, with two others; the three amounted to 660l. 19s. 6d.—I asked him how it was that Mr. McLaughlin, being a shirt-manufacturer, should give acceptances to him, another shirt-manufacturer—he explained that McLaughlin could do certain makes of shirts better than he could, and it answered his purpose to buy of him, and that he sent over shirts to McLaughlin, for which he (McLaughlin) gave him his acceptance—upon that I discounted the three bills, and gave him in payment these two cheques for 15l. 12s. 9d. and 495l. 5s. 10d.—they have been returned by my bankers as paid. (The bill of 10th May, 1877, was a four months' bill and purported to be accepted by P. McLaughlin, payable at the Omagh branch of the Belfast Bank.) On 28th August I received this bill for 154l. 17s. from the prisoner—the bill of 10th May became due on 13th September—it was sent over by my bank to be collected in Ireland, and within a day or two afterwards it came back marked as a forgery—in the interval I had received a telegram from Ireland—I received this letter from McLaughlin in reply to one I wrote to him asking for payment, of the bill—about 16th September I saw the prisoner and told him that I had heard that McLaughlin said the bill was a forgery—he said it was not so, that he Would tell McLaughlin to come over to England to assure me that he had not cause for saying it was a forgery—it was after that I received the letter from McLaughlin—the prisoner called on me again, a week or 10 days after that, and produced this letter, saying he had received it from McLaughlin. (Head: "September 15, 1877. Sir,—I did not intend to say the bill was a forgery exactly, but I had no note of a bill of that date, but I find I was mistaken. I will explain to the bank how, and do anything you wish to set it right. I will get the money together in a week or 10 days, and send it to you or the holder of the bill, as you
think right.—P. McLaughlin.") I believed that letter to be McLaughlin's writing—I have never had any money in respect of either of the bills—I know the prisoner's writing—I should think this letter is his writing. (This as dated 13th September, 1877, from the prisoner to M'Laughlin, requesting him to write a letter to the effect of the one read, and stating that the bill would be provided for.)
Cross-examined. I have had a good many transactions with the prisoner, extending over two years—I have very likely discounted five or six bills for him with McLaughlin's name as acceptor, prior to this bill of 10th May—I am prepared to swear that the conversation about McLaughlin's acceptance took place this year—it might have taken place in connection with other bills as well—those bills were similar in amount—at the time the prisoner showed me the letter signed P. McLaughlin I had McLaughlin's genuine letter to myself in my possession—he certainly did not say that he had prepared that letter as a copy for McLaughlin to write from—the prisoner took McLaughlin's letter to me away with him—I did not compare the writing of the two letters—I gave the prisoner into custody on or about 10th November.
PATRICK MCLAUGHLIN . I live in Church-street, Omagh, county Tyrone, and am a maker of shirts and cuffs—I have known the prisoner over 10 years—the acceptance to this bill of 10th May is not my writing—I first knew of it when it was presented to me at Omagh on 13th September by a clerk from the Provincial Bank, Omagh branch—there is no branch of the Belfast Bank there—when it was presented I at once telegraphed to the bank in London—I got letter this from the prisoner the evening following, asking me to cover it—I had not had any communication with reference to it from the prisoner until then—I had received this telegram from him about an hour alter the bill was presented, and I immediately wrote to him a letter before I received his letter—I did not communicate with Mr. Shoolbred until he demanded payment, that was some time after—I wrote him this letter of 21st September telling him the facts of the case—I did not write the letter of the 15th—I attended at the police-court, and gave evidence, and then I was shown this other acceptance—I had previously seen it that morning at Mr. Miller's office—it is not my writing—I did not owe the prisoner any such sum as 151l. in May.
Cross-examined. I think my first business transaction with the prisoner was early in 1876—I had business transactions with him early in the present year—he supplied me with goods to make—I accepted three bills for him; two in August, 1876, and the third, I believe, in December, 1876—they were not in respect of goods supplied by him to me, they were simply accommodation bills—in December, 1876, there was a bill coming due—this letter is my writing to the prisoner. (Read: "Dear Sir,—I dare say my hurried letter of yesterday has reached you in due time containing your bill; I have just five minutes to write and post it; it was a very close shave with the bill due, I had scarcely time to have the bank order cashed until it was presented for payment; the least hitch in remittance would have been extremely awkward. With regard to a banking account, how would it do for you to accept a bill for me for 60l. or 70l., or say for what amount of work you can give me to make, for four or five months? I merely want your opinion; in the meantime in that way it might be possible to open a banking account without your advancing money directly for that purpose; however, as you intend coming over
perhaps it will be better to wait till then, which I presume will be this side Christmas.") The bill due in December was an accommodation bill—he asked me as an obligement to accept those bills for him—I know Charles McDaid, the prisoner's brother—I did not in his presence sanction the use of my name to acceptances by the prisoner, that I swear—I know William Haggerty—I was over here in the early part of August, 1876—I did not on that occasion say to the prisoner "You can use my name to bills"—I was over here in August this year—I remember meeting Charles McDaid and Haggerty—I did not on that occasion say that I did not mind my name being used, so long as the bills were met—what occurred was this, in what I said I referred to Charles McDaid—Haggerty was not present—I said " Those bills that I accepted for McDaid he did not accept as he intended to do—he promised to send me the money to meet those bills, and he had not done so—this one was presented before the money was forwarded, I could have seen my way to accommodate him, but when things turned out like that I could not see my way further to have any connection in that way"—that was simply referring to what was past, to those three accommodation bills—one of them, I believe, was a three months' bill, and the other two four months—two were accepted in August, 1876, one at three and the other at four months—they have been met, the prisoner provided the money.
Re-examined. With regard to those three acceptances, I wrote them in my own proper hand writing—I never, under any circumstances, authorized the prisoner to write my name; I never thought of such a thing—those three bills were written by me; two of them I have in my possession, the third I have not got, he wrote saying it was all right, and I heard no more about it—in August, 1877, my complaint was that he had not sent the money to meet this bill, and in consequence of that I would not accept for him any further—he never mentioned anything then about a bill dated 10th May, to which he had written my name, and left with Mr. Shoolbred—this was at the latter end of August; I left about the 24th, and was here up to the 29th or 30th—neither he or his brother told me that they had signed my name to the bill of 10th August—I never gave them authority to sign my name to that bill—I never gave any authority to any one to write my name—these acceptances are not an imitation of my writing—as to the bill marked A. the drawing and acceptance seem to be in the same writing, except the signature—I have no idea whose writing the August bill is.
ROBERT OUTRAM (City Detective Sergeant). On 12th November I received a warrant from the Mansion House, and took the prisoner into custody about 5.30—I told him I was a detective sergeant, and read the warrant to him. charging him with forging the bill of 10th May—he said "Forgery, it is not so, this is a conspiracy amongst a clique to ruin me"—I took him to the station, and found these documents marked D. and K. on him.
ALFRED LOWE . I am a messenger in the Court of Bankruptcy—I produce the file of proceedings in the prisoner's liquidation. (The petition was filed on 29th September, 1877, by the prisoner, stating his liabilities as 8,000l., 6,630l. on bills discounted.)
Witnesses for the Defence.
manufacturer—I know Mr. McLaughlin—I was present at an interview between him and my brother, in the summer or autumn of 1876, in the counting-house in Bermondsey—they were talking on business matters, and they both said they could do a lot more trade if they had more capital, and I saw a bill before them—the bill passed over; and McLaughlin said "There, that is all right"—my brother said "If I could use your name on bills, as in some cases I may be wanting cash, it would be serviceable to me, as in many cases it would take too long a time for letters to be sent and answered"—McLaughlin said "I have not the least objection at all, and in return I shall want you to assist me in trade through the London houses, and also in opening a banking account; we could transact business far easier and better"—my brother I said he would see to that afterwards—in the summer or autumn of this year Haggerty and McLaughlin were at my lodging spending the evening—my brother was not present—in the course of conversation I said to McLaughlin "There is an acceptance of yours on, have you any objection?"—he said "Not the least," or "I don't mind, as McDaid always sees to them when they are due, and he also promised to assist me in trade, and I trust he will keep to his promise now, as I am rather slack"—he asked me if we had any work that we could spare at that time—I said "You had a lot before, which you kept so long"—he said he was slack now, and could do them quicker—he did not say that he would not allow his name to be used; on the contrary, he said he was pleased so long as my brother met them, and could assist him in trade.
Cross-examined. The first conversation was about August, 1876, at my brother's place of business—I was then a servant there, and was paid a salary—I think McLaughlin signed three bills of exchange-one, I think, he signed there; that bill was due in December—I was present at the Mansion House part of the time while the prisoner was under examination—I did not then mention what I have stated to-day—on 14th November I sent a telegram to McLaughlin that it was of vital importance to my brother that I should see him at once, because I was intending to remind him of the promise he had made—I had not seen any telegram saying that the bill was a forgery—I can't remember whether my brother was in charge at that time—on the 15th November I sent a telegram to Mrs. McLaughlin, "Has Patrick left for London; when and by what route? Reply paid"—on 17th November I telegraphed to McLaughlin, "Say by wire when you will leave for London, and by what route. Reply paid"—this letter of 15th September (produced) is not my writing or my brother's—I know nothing about it—I was not present when it was written or arranged—I know William Porter—I don't know whether that letter is in the same handwriting as the letter purporting to be signed by McLaughlin—Porter was a shirt-cutter to my brother—I have been doing a little business since my brother's liquidation, at 157, St. James's Road—a person named Taplin, of Cross Street, Blackfriars, was employed by my brother; he has failed—I do not know that my brother has got acceptances of a number of persons who were in his employment—I had nothing to do with those acceptances, and do not know anything about bill transactions, I was getting goods ready and sending them out.
present I am a tramway conductor—I have been in the prisoner's employ nearly three years—I left about September or October this year, when he failed—I remember seeing McLaughlin at the prisoner's several times—I was at Charles McDaid's lodging about August or September this year, when he and McLaughlin were there—Charles McDaid asked him how trade was with him—he said very dull at present, but he hoped Mr. McDaid would assist him with city houses, and send him some of his own work, and assist him in opening a banking account, that he could transact business so much easier with the bills; and afterwards I heard him say that he was very well pleased with the arrangement made with regard to bills, so long as McDaid met the bills when they became due—previous to this, in 1876, while I was in the prisoner's employ, I heard McLaughlin say "Well, McDaid, you can use my name to the bills."
Cross-examined. I don't remember the date of that conversation, it was in August or September, at the Spa factory—no one was present at the time—I swear I heard the words pass—I was employed in the shipping office—I had nothing to do with the bills; the prisoner never consulted me about bills—I told this story to Mr. Cook, the solicitor, about a week since for the first time—I was not at the Mansion House.
NOT GUILTY .
MR. CROOME conducted the Prosecution.
JANE IRVINE . I am in the service of Mr. Trimen, of 27, Gordon Street—on the 22nd November, shortly after 12 o'clock, I was in bed—I heard a noise at the back window—I looked out of my bedroom window and saw three men on the roof of the scullery, close to a closet window which I had seen closed about 10.30 that evening—five iron bars were fixed in that window—I called out "Thieves"—they stopped as if to hide themselves—I continued to halloa out, and the tall thin one of the three said "Do not halloa, mother; it is all right"—he then ran across the skylight beneath my window; the other two ran across the roof of the scullery and over some trellis-work at the back of the yard, which gave way, and two men fell into the adjoining yard—one of the two got over the wall into a spare yard, and I lost sight of him then—the shorter man tried to get over the wall and fell twice; he appeared to try to hide himself, but finding no place he got over into No. 1, Gower Place—I continued to call "Thieves," and as the prisoner was getting over the wall I heard other people at the back, and went down to the front door—the prisoner was then being brought to the front, with another man, by John Bradford—he was struggling to get away—he was taken into custody—I afterwards went with the policeman to the window at the back, and found three of the five bars I had seen safe had been taken away, and the window was broken open—shortly afterwards the policeman brought this bar to me.
Cross-examined by the Prisoner. The men were about 10 feet from me when I first saw you on the right-hand side—there is a lamp on the other Bide of the back wall—there are two walls between our garden and the street—I do not recollect being asked at the police-court if I could swear to you—I do not remember saying I could not—I am confident you are the man.
JOHN BRADFORD . I am barman at the Hawarden Castle—on 22nd November I was in my bedroom—I could see from my window the roof of the scullery in 27, Gordon Street—shortly after 12 I heard a cry of "Stop thief"—I looked out of the bedroom window, and saw three men on the roof of the scullery of No. 27—they were at the window, where there was a little light—I called out "Police," at which the three men separated—I saw the prisoner's face only—he ran along the party wall nearer to me, and I saw him jump down into a yard, and I put on my waistcoat and ran downstairs—I had just got out of the private door into the mews, and was in the act of going over the wall when the prisoner came over on to me—I held him by the leg—he got away and ran 150 yards—I ran after him and seized him again—I never lost eight of him—I said "Stop a minute"—he said "Let me go"—I said "I will not; you have been breaking into a house"—he struggled, to get away—another man came up and assisted to take him to the front door—his hands were muddy and his coat was damp with mud—I held him till constable Smith came up, and gave him into custody.
Cross-examined. The two other men ran the other way—you fell twice, at first on to the woodwork in a yard—you fell to the left—I said at the police-court you were 100 yards off when I saw your face—that was a mistake; it was between 40 and 50—there was a moon—I could swear to you.
WILLIAM SMITH (Policeman 126 E). I heard the cry of "Stop thief" a little after 12 on this night—I went to Gordon Street, and saw the prisoner and Bradford at the door of No. 27—Bradford was holding the prisoner, who was trying to get away—Bradford said "This man has been trying to get in at the back of this house—the prisoner's clothes were very dirty at his knees—I took him to the station and searched him, but found nothing on him—I afterwards went to the window, and found that the fastening had been broken off and three of five bars removed from the inside—I afterwards went into the adjoining yard and found three bars, which I showed to Irvine, the servant.
(The prisoner here put in a written statement to the effect that, being out with two others, he left them to go to a watering-place, and was kicked down and then charged with being on the wall, but that he knew nothing about it.)
Witnesses for the Defence.
SELINA HOWARD . I am a single woman, of 57, Steveden Street—on Wednesday, 21st November, I was at the Middlesex Music Hall—I left there at a quarter or 20 minutes past 11—Jim Adams was with me—we left together and the prisoner joined us as we came out—we went into a public-house—I do not know the name—we stopped till closing-time—when we came out Day left us for his own convenience—I afterwards saw a scuffle—that was about 12.30, just after we came out—we were waiting for Day—I saw two men kicking him—I don't know who they were—on Thursday George Day's sister asked me if I knew he was locked up—I said "I saw a little bother which I did not take much notice of, but went home"—she said he was at Bow Street, and I said I would go down and speak, as I saw him during the evening—I have known him many years.
Cross-examined. I often go to this music-hall, but not every evening—it was nothing unusual to see Day there—the public-house closes at 12—I cannot say to a minute or two—we were talking—I got home before
one—my home is not a mile off—I did not know what the prisoner was taken for.
JAMES ADAMS . I am a tailor, and live at 2, Canal Terrace. King's Cross—I have known the prisoner about a month—I go out with Selina Howard—I went with her on the 21st November to the Middlesex Music Hall—we left about 11 o'clock, and Day joined us in the hall—he was in the balcony when we got there—we went into a public-house near Grower Street—I do not remember the name—we had some ale, and left about closing-time—we walked along—Day went to the urinal—I heard a scuffle, and saw somebody kicking him—I thought it was only a lark, and did not want to have a bother, so went home—nest morning Day's sister told Howard Day was locked up—I went to the police-court to see how he got on—I was not called—I thought I should be able to clear him.
GUILTY . He also Pleaded Guilty to a conviction for felony in October, 1876**— Ten Tears' Penal Servitude.
MR. REED conducted the Prosecution.
CHARLES MOORE . I am a builder in Buttesland Street—on Saturday night, 10th Nov., at about a quarter-past 9, I was outside my house, and; was attacked by three men, who came in front of me, and two behind—one of those in front struck me in the mouth—the prisoner was one of the men—somebody snatched my watch and chain from my waistcoat-pocket—I was knocked down senseless by the blow in my mouth—I am still suffering from the effects of the blow—I was also kicked from behind—when I recovered myself the prisoner was upon me and the witness took him off—this is my watch—I did not see it found; the chain and locket is missing.
Cross-examined by the Prisoner. The watch was picked up by my wife—I was sober.
ELIZABETH MOORE . I am the prosecutor's wife—I heard a scuffle outside the house—I looked out and saw the prisoner on my husband, who was on his back, partly on the pavement and partly in the road—I went out—I saw several people on the pavement scuffling—I went to my husband and said "Charley, where is your watch and chain?"—he said "They have got it"—I saw the watch on the pavement, I snatched it up, and said "I have got the watch"—the men ran away, except the prisoner—I saw him stopped by two witnesses—I am sure he is the man. that was kneeling on my husband.
FREDERICK "NEVILLE . I am a house-decorator—on Saturday night, 10th Nov., about a quarter or 20 minutes past 9, I and a friend were crossing Buttesland Street and saw a slight scuffle on the pavement, and the prosecutor on the ground on his back, halloaing out "Murder; help"—the prisoner was on the top of him, holding him down, and four others were pulling him about and turning his pockets inside out—the prosecutor's wife came out and said "Oh, Charles, what is the matter?" he said "They have got my watch and chain"—he was trying to get up—I seized the prisoner and said "You don't go, old chap," and I detained him—the prosecutor had had a glass; he was not drunk.
RICHARD WHEELHOUSE . I was with the last witness—what he has stated is quite correct—I saw the prisoner lying on the top of Mr. Moore—I saw him take his right hand out of Mr. Moore's left-hand trousers pocket and hand something to another man—I could not say what it was.
EDWARD KEMPSTER (Policeman 293 N). I took the prisoner into custody—he said nothing till he got to the station—there he said that he picked the prosecutor up and conducted him home, and then his wife came out and took the watch out of his pocket.
GUILTY . He also PLEADED GUILTY to a previous conviction at this Court in Sept. 1874**— Seven Years' Penal Servitude.
MR. POLAND for the Prosecution offered no evidence.
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Tuesday, December 11th, 1877.
92. WILLIAM LACEY (17) and ROBERT CRAUFORD (20) , Breaking and entering the dwelling-house of John Hughes, and stealing therein 8s., and divers postage stamps and post cards, his property, and one handkerchief, the property of James Lewis , to which
CRAUFORD PLEADED GUILTY .— Two Years' Imprisonment.
MR. METCALFE. Q. C., conducted the Prosecution; and MR. WILLIAMS the Defence.
JOHN HUGHES . I am a grocer and a Post-office receiver, at 10, Great Marylebone Street—on Sunday evening, 18th Nov., I left home about 6.30, leaving the door properly closed and no one in the house—I returned about 8.30, and found the front door had been opened and the door leading into the shop forced open—all the tills and drawers were turned out—£25 worth of stamps and £12 worth of post cards gone, as near as I could judge, and about 8s. in copper—I found all the doors open upstairs, and the rooms in great confusion—I have a lodger named Lewis, his bedroom was in great confusion—here are three sorts of post-cards (produced) which are similar to what I lost.
GEORGE KING (Police Sergeant D). On 18th Nov. I saw the prisoners, and on the next evening I saw Lacey in custody at the station—2l. worth of postage-stamps and a pocket-handkerchief were shown to me, and I asked Lacey what account he gave of them—he said that he found them at 10 o'clock that morning in Oxford Street, about two doors past the Oxford Music Hall, wrapped in a piece of paper—his father came into the station with some one, and Lacey then said, that he saw George Cunningham and Bob Crauford that morning, and they showed him a quantity of stamps, and that morning about 9 o'clock Crauford called for him and said that Cunningham wanted him; that they went into the City Road,
and he waited in a public-house while Crauford went and fetched Cunningham, and they gave him that parcel of stamps; and they then went together to Greek Street and directed him to go into the shop and sell the stamps.
Cross-examined. He stated that they stood at the corner by the post-office while he went inside to change the stamps.
ALICE OCHLAGAR . I am an assistant in the Post-office, Greek Street, Soho—on Monday morning, 19th Nov., Lacey came in and offered to sell 2l. worth of postage stamps—the Post-office receiver questioned him, and he said that he received them in payment for a concertina—he was detained till the police came.
ELI NASH . I received a telegram and went to the Greek Street Post-office, where I found Lacey—I asked him his name; he declined to give it—I asked him how he became possessed of the stamps; he declined to say at first, but afterwards he said "I picked them up near the Oxford Music Hall"—I said "Please give me your proper name"—he said at last William Smith—I said that if he did not give his proper name I should give him in charge—he declined, and I gave him to 30 B.
Cross-examined. The inspector asked him his nam, and he said Lacey, 36, Poland Street—I saw his father.
ARTHUR GANBY (Policeman 30 C). I was called into the Greek Street office, and asked Lacey how he came by the stamps—he said that his uncle sent them to him from Bradford in Yorkshire—I asked his uncle's name; he said Mr. Bragg—I asked him his name; he refused to give it, but afterwards gave it as Smith—he was detained—I heard the inspector ask him at the station how he got the stamps—he said that he found them in Oxford Street.
CHARLES SHEPPARD (Police Inspector C).—I was on Duty at Marlborough Street at 4 o'clock, when Lacey was brought in—I asked him what account he gave of the possession of the stamps—he said "I picked them up in Oxford Street this morning, wrapped in paper"—I cautioned him that I should make inquiry into the truth of his answers—he gave me his proper name and address, as I afterwards found—I asked if he had any objection to show me what was in his pockets—he said no—I found this handkerchief in his coat pocket, and said "What is this?"—he said "It is mine," but afterwards, when he found that I detained it, he said "That handkerchief was with the stamps when I picked them up this morning."
JOSEPH SUMMERS (Detective D). On Tuesday morning, 20th November. I was taking Lacey to the police-court in a cab, and he said "I met George Cunningham and Bob Crauford on Sunday evening in Great Marl-borough Street; I went and kept watch while they broke the door open and went in. They came out and showed me a quantity of stamps"—on 24th November I took Crauford, and a man who was walking by his side threw down these post-cards and ran away—it was not Cunningham—I have made inquiries about Cunningham without success.
Cross-examined. I am sure Lacey said that he "kept watch," and he added "on the other side of the street"—I believe he said "I watched outside"—Constable 30 C was in the cab also, and heard the conversation—Lacey did not say "I know nothing of the breaking into the house, but I admit that I did have the stamps from Cunningham."
met Cunningham and Crauford—Summers asked him "Where?"—he said "In Marlborough Street, and that he was watching outside the house while Cunningham and Crauford went in, and when they came out they showed him a quantity of stamps"—I believe he said "watching."
Cross-examined. He made that statement of his own accord, but he had been asked where he met him—I did not say a word about this conversation in the cab before the Magistrate—I was in Court and heard my superior officer examined—the words were not "waiting outside," I am certain of that.
ANNIE HOWTON . I live at 28, Saville Row, Marylebone—I have known Lacey some time—on Sunday, 18th November, I saw him at Poland Street, where he lives—he went out about 6.30, and said that he should be back in a quarter of an hour—he did not return, but I saw him about 7.15 at the Ship public-house, at the corner of Saville Street, which is a few doors from Crauford's house, on the other side of the way, with Crauford and Cuningham—they each carried an umbrella—Crauford generally carries an umbrella—Saville Street is at the corner of Marl-borough Street.
Cross-examined. Lacey's age is getting on for 19.
LACEY NOT GUILTY .
OLD COURT.—Wednesday, December 12th, 1877.
Before Mr. Justice Manisty.
MR. MILWOOD conducted the Prosecution.
ROBERT WALES . I am a marine modeller, of 7, Crown Court, Went-worth Street, Whitechapel—I lived with the prisoner's wife after he deserted her—on Thursday night, 22nd November, about eight o'clock, the prisoner came rushing up the stairs and burst my door open—he had a knife open in his hand, and said he intended to commit murder—he stabbed me in the cheek—I struggled with him and tried to defend myself with a piece of iron which was lying in the fender—I made a blow at him—it must have struck him on the head—it was in the dark, for he kicked over the table with the candle on it—I then received a stab in the shoulder, and again in the muscles of the arm—I closed with him and threw him across the bed, holding him down—he then stabbed me again in the thigh—I took the knife from him, and in doing so was cut on the knuckles and wrist—I found myself getting weak from loss of blood, and I let him go—his wife ran for a policeman, and when she came back he armed himself with a pair of scissors which was lying on the table and made a thrust at her, but did not hit her—he then ran
downstairs—I went to the hospital and had my wounds dressed—the prisoner was taken, and I gave him in charge—on the way to the station he said "I ain't settled you, but I mean to settle you; and I am only very sorry I did not serve her the same"—I did not encourage his wife to leave him—I had been living with her about three months—before that I was paying her rent and my own too—I gave the knife to the policeman.
GEO. LUXFORD (Policeman E 63). On the evening of 22nd November I took the prisoner into custody in George Yard, Whitechapel—he was covered with blood—I took him to the prosecutor, who charged him—the prisoner made no statement at the time—he afterwards said he only wished he had served the woman the same as he had the man—this knife was given to me at the station by the prosecutor.
EDWARD THOMAS CROUCH . I am a surgeon of 2, Spital-Square—on the evening of 22nd November I was called to Commercial Street to the prosecutor, who was suffering from eight wounds about the body—the principal wound was a large wound on the right cheek extending from the outer angle of the right eye to the angle of the mouth; it was about 3 1/2 inches in length, severing all the muscles, tissues, and vessels on that side of the face—the other wounds were over the bridge of the nose, a small incised wound about an inch long on the right shoulder, a punctured wound on the left upper arm, two wounds on the outside of the left wrist, one outside the left thigh, and one incised wound across the middle finger of the left hand—such an instrument as this would inflict such wounds.
Cross-examined by the Prisoner. I saw a wound, on your forehead and dressed it.
The Prisoner in his defence alleged that the prosecutor had induced his wife to leave him; that he went to demand her, and was assaulted by the prosecutor, and what he did was in self-defence.
GUILTY of unlawfully wounding. Recommended to mercy by the Jury on account of the provocation he received.— Six Months' Imprisonment.
MR. POLAND conducted the Prosecution; and MR. W. SLEIGH the Defence.
CHARLES BOYD . I am a seaman now lodging at the Sailors' Home—I am a native of Providence, Rhode Island, and am 29 years of age—on 1st September last I joined the Mary E. Chapman, a British vessel sailing under the English flag—I joined her at Breeze Point in the Delaware river—on Monday morning, 3rd September, about 11, I was doing work on the forecastle splicing blocks—all the crew, except the watchman, were at work—tar was being used—one of the crew was a Chilian, known as Allis—the prisoner was the first mate—he said "The first son of a bitch that spills tar on the deck I will make him lick it up with his tongue"—Allis replied he would be d—d if he would lick it up for no man—the prisoner then took a handspike and struck the man twice on the head with both hands—he staggered to the rail, and I saw blood running down his face—the handspike is a piece of wood about 6 feet in length—it is used to heave the capstan—it was lying on the top-gallant forecastle, about 2 feet from the prisoner—Allis then went up the rigging to the top-gallant yard, and I saw him signalling to a man-of-war or a training-ship which was lying a little way off—the prisoner told him to come down, that he would not hurt him—
Allis said he would not—the prisoner then ordered Osborn, the second mate, to go aloft to get him down—Osborn went aloft and asked to come down—he refused to do so—the prisoner again tried to get him down by speaking to him, and he then went aloft to the fore-top-gallant-yard—the man would not come down—the prisoner then came down and ordered the fre-top-gallant-yard to be lifted to the masthead—that was the place where Allis was—and Allis said to the prisoner and to all the men on deck "If I fall from this yard you will be responsible for it"—we did pull the halyards and he would not come down—Osborn told the prisoner that he was in danger of killing the man by lifting the yards aloft—Allis still remained up there—about an hour afterwards the prisoner went on shore—Allis was up the rigging altogether about two hours—when he came down I looked at his head—there seemed to be two wounds—one seemed to be soft, and there was a clot of blood—I touched it with my finger—I thought his skull was fractured—the skin and flesh was cut; one wound was on the top of the head, and the other near the temple—one was worse than the other—the flesh of both was cut—I thought the skull was fractured from the way the man seemed to act when he came down—he did not seem to be the same man he was before—he seemed to be a sort of delirious, as if his mind was not right—he went into the forecastle and from there to the galley to get his dinner—I did not see him jump overboard; I saw him in the water—at that time the prisoner was on shore, it was after he had had his dinner; I saw him have his dinner and afterwards saw him in the water, swimming for the shore—another sailor named King was also in the water swimming away—I heard Osborn ask Allis to come back—I heard Allis sing out "I am drowning," and he was drowned—the prisoner came on board next morning—we afterwards sailed to Antwerp—the Consul there was communicated with—the prisoner left the ship.
Cross-examined. I joined the ship at Philadelphia—the crew consisted of eight men before the mast; there were three officers, the captain, chief mate, and second mate—the crew were mostly foreigners—all wore knives, some with lanyards and some with sheaths—the work began at 6 o'clock in the morning—I heard the mate give orders to the crew to be careful not to spill the tar—some tar was spilt by Allis—I think the prisoner called his attention to it—Allis was very insolent—the mate did not say "You would be more careful if you had to lick it up;" I did not hear him say that—I had a 5l. advance-note before joining the vessel—I have been at sea 11 years—Allis spoke in English at the time he swore at the mate; he had got his knife on him—I did not see him turn round and face the mate with the knife in his hand; I swear he did not—his manner was threatening and defiant, as well as insolent—I heard the mate say that he had had another crew, a mixed crew, on board before I joined—I did not hear him say that he had had a great deal of trouble with that crew—the work that was being done at this time was being done with the capstan-bars, one of which the mate took in his hand; he did not take it up till Allis had sworn at him—he ought to have obeyed the order to come down from the rigging—when the prisoner went up the rigging to him Allis had the knife in his hand in a threatening manner—three men set off to swim ashore, King, Langford, and Allis, while the prisoner was on shore—it was about half an hour after the prisoner left the ship that Allis came down—he went to the cook—I don't know whether the cook
had charge of the rum—the prisoner told me he was going on shore to see the captain; he did not Bay it was to report the mutinous state of the crew—he spoke to me with regard to where this man lived when he was in Philadelphia—he said he must go and speak to the captain about what had taken place—when Allis came down on deck I told him that the mate had gone on shore to tell the captain of his conduct—when, he was swimming ashore Osborn called to him to come back, and he fired a pistol to frighten him, not to hurt him—the foreigners had been rather troublesome and obstreperous since the day they joined—I did not see that Allis had been behaving badly before this; he associated with me mostly—the tide was running very fast, about five miles an hour, when he was swimming—the Delaware is about a mile and a-half across—it would not be an easy thing for a man in ordinary health to swim ashore with the tide running at that rate.
Re-examined. Just before the prisoner went on shore he asked me where Allis lived or boarded when he was on shore, and said he was going to see the captain—I did not hear him say anything to the crew; he called me aft and spoke to me privately—Allis had his knife out of the sheath at the time he was struck, and was working at the stays—I did not see him do anything more than use the expression he would be d——d if he would lick up the tar; he said that about a minute and a half or two minutes before he was struck.
ANTONIO BANNINA (interpreted). I am an Austrian subject—I joined the Mary E. Chapman at Philadelphia in August—on Monday, 3rd September, Allis was working with the rest of the crew—the prisoner said "If any of you spill any tar on the deck I will make you lick it up with your tongue"—Allis said "rather than lick it up with my tongue, I would wipe it up with something else"—the prisoner then struck him with the capstan-bar on the head twice; the third blow he missed—Allis. then ran up the foretop-gallant-yard—before that I saw that he had a deep wound on the top of his head—I saw blood—I did not see whether he had any knife in his hand when he was struck—I saw him when he came down; I did not observe his head then.
Cross-examined. I had joined 42 days—I will swear that Allis had not got his knife in his hand when he was struck—he was not working with it at the time—I saw him threaten the mate with his knife in the rigging—he ran up the rigging immediately he was struck.
JOHN ISRAEL SLOCOMBES . I am a native of Fort George, Nova Scotia—I was a seaman on board the Mary E. Chapman—I joined on 6th June at Hamburg—on this 3rd September I heard some noise and saw Allis jump off the forecastle-head and the prisoner after him, with the capstanbar in his hand—I did not see him do anything with it—I did not see whether Allis had been injured at that time—I saw him go up the rigging—afterwards, when he came down, I saw that his head was injured—I did not hear any conversation before he jumped off the forecastle-head with the capstan-bar—I was not at work with them.
Cross-examined. A different crew joined at Hamburg from that which went from Liverpool to New York—the crew that went from Hamburg to Philadelphia was a crew of mixed nationalities—they all deserted at Philadelphia except myself, and they were obliged to take another mixed crew there, in distress—I don't know whether Allis had been on shore between the time he joined the ship and the time the crew had deserted—
I did not see the injury done with, the capstan-bar—I did not see Allis speaking and acting in an insolent manner to the mate; I was in my bed—the yard is not very often hoisted when men are on it—they are generally called off; if they can't get off they are cautioned to hold on; they don't come down on deck—I believe Allis had his arms round the yard, I did not take particular notice—I saw him signalling to the man-of-war—there was one Greek on board, I believe, and some Italians.
GIOVANI GIANOCHINA (interpreted). I am an Italian subject—I joined this vessel at Philadelphia on 29th August—on Monday, 3rd September, I saw the prisoner strike Allis on the head with the capstan-bar twice; the third time he failed—it made blood flow from his head—he ran up the rigging—I had not heard any conversation before.
Cross-examined. Allis had not a knife in his hand at the time he was struck—he was not insolent at all.
HENRY LEE . I am a native of Belfast—I was cook on board this vessel 42 days altogether—I did not see the injury inflicted on Allis—he came to the galley afterwards for his dinner; that was between 2 and 3 o'clock—I examined his head carefully and saw it was injured right above the temple; the flesh was cut through—I put my finger into the wound; it was full of congealed blood; the flesh was very soft—the other wound was not so bad, but the flesh was cut through—I examined the skull, I put my finger down in the hole where it was cut, and I found congealed blood all through—I could not tell the state of the skull—the man was rather excited, ho hardly knew aright what he was going—he took his dinner—I afterwards saw him go overboard: he had his boots round his neck.
Cross-examined. He asked me for his dinner and a knife—I could not say what he did with it; he took it away to eat—he refused to let me dress the wounds.
WILLIAM ROBSON (Thames Police Inspector). On 10th November the prisoner was handed over to my custody from the ship Orion, which had come from Antwerp—I told him I should take him into custody on a warrant for attempted murder on the high seas—he said it was a get-up, or some words to that effect—Osborn was handed over to me on the 22nd October—I produce a certified copy of the registration of the ship as a British, ship belonging to St. John's, New Brunswick, and the articles.
Cross-examined. The prisoner said it was either a trumped-up affair or a get up)—he did not tell me that he had had a great deal of trouble with the crew—he spoke as though it was a get-up amongst the lot.
GUILTY of Unlawfully Wounding. Recommended to mercy by the Jury.— Six Months' Imprisonment.
MR. POLAND. for the prosecution, offered no evidence.
NOT GUILTY .
NEW COURT.—Wednesday, December 12th, and
THIRD COURT, Thursday, December 13th, 1877.
Before Mr. Common Serjeant.
98. BRUCE LYON (21) PLEADED GUILTY to Feloniously forging and uttering an undertaking for the payment of money, with intent to defraud; also to three other indictments for embezzling 2s.6d., 2l. 5s., and other sums, of Jones and Co., Limited, his masters. Recommended to Mercy— Four Months' Imprisonment. And
STERN PLEADED GUILTY to the first count only.
MESSRS. J. P. GRAIN, TICKELL, and GOODMAN conducted the Prosecution;
MR. STRAIGHT with MR. GILL defended Sandman.
EMILY WILKIE . I live at 26, Finsbury Place North—I let a furnished room to Stern—the rent was 38l. a year—he signed this agreement (produced, dated 2nd July, 1877) in Mr. Levy's presence, who took no part in it—Stern came there every day, and Sandman, was frequently in and out—I lost sight of them about a week after 29th September, when I received a letter from my servant, Bridget Cronin; and on the same day Sandman called and took away the key of the office, which I gave him in consequence of the letter, and he took away almost everything belonging to Stern and himself—no rent was due then, as it was only a little over the quarter.
Cross-examined by MR. STRAIGHT. Sandman did not stay in much; he was there in the afternoons—he took the office things downstairs quietly—I did not speak to him—I saw him going down and giving out some packages—there was no cart at the door—I saw him twice that day and heard him very often.
By the COURT. A great many things came in and out: lace, combs, surgical instruments, matting, hats and caps, jewellery, and plated things—they were delivered there by hand, and principally by porters and messengers—they disappeared very soon afterwards; persons called and took them away—that continued from the time of the room being taken till it was given up.
JOHN ANDERSON . I am a wholesale optician, trading as Field and Co., at 99, Suffolk Street, Birmingham—on 12th July I received this letter, which I answered, and received this other letter, dated 17th July. (This was signed I). Stern and Co., ordering a number of instruments and enclosing a reference)—I put that order in hand, and afterwards received this letter: "July 22nd. Please inform us by return when our order will be executed, as we are waiting for the goods. D. Stern and Co. "They were not quite ready, and before I sent them I received this letter of 28th July: "If our order is not ready for shipment at latest on 1st August, please cancel the same, as we cannot wait any longer." I dispatched the goods on 31st July, with this invoice (for Ml. 16s.)—on August 3rd I received a letter from Stern acknowledging the receipt of the goods, and asking if I had another microscope on hand; I replied to that, and received a letter ordering a polariscope—Stern afterwards called on me, and said that he had received the sample order, that he had received the instruments, and had had two American buyers with him, and he thought he could do a good business with them—I showed him some samples, and he chose them and said that he wanted them for shipment—I wrote this order (produced) in his presence, and the goods were dispatched on 9th August to 26, Finsbury Place North—they came to 27l., and all the other goods were sent to that address by rail—the microscopes were sent on
11th August, and on 17th August I received this letter from Stern: "Your microscopes duly to hand; you forgot to invoice the opera-glass our representative took with him."—I also received other letters, one of which was dated 19th December: "Can you deliver ready for shipment 6 microscopes, No. 3 with brass stands; if so, put some in hand, and send statement for goods received." I put them in hand, but before sending them wrote to the reference which he had given, and received this reply: "Memorandum from Jado and Levy, 4, Catherine Court, Tower Hill. D. Stern and Co. are respectable and trustworthy in their payments." I dispatched the goods on 28th September, value 52l. 14s.; and about 1st October sent in a statement of account, and afterwards received this letter. (This acknowledged the account and requested hills to be sent for acceptance at two months' date.) I then forwarded two bills and received them back accepted, payable at the Continental Bank—the first bill fell due on November 6; it was presented through our bankers, and returned to us marked "No account"—the other bill is not due yet—after I received those acceptances I received this further order (For three microscopes)—I did not send them, and Stern called on the 12th, and asked if the package had been made up for Birmingham—I said that I should like to have the money before giving a further order—he said "Mr. Stern will very likely let you have cash if you write, and I will write too"—I wrote and got this reply (produced)—it is in the same hand as the other letters—it says "We decline to send cheque instead of acceptance, and beg to say you will please cancel our order"—I did cancel it, and saw no more of Stern till I saw him in custody—I have been taken to a number of pawnbrokers, and identified a number of the instruments I sent.
BRIDGET GRONIN . I am servant to Mrs. Wilkie, of 26, Finsbury Place.—Stern came there every day, and Sandman only a few days—I received this letter and handed it to my mistress—I only know the envelope. (Read: "I am called suddenly out of town; please deliver to bearer the key of my office, who will attend to business in my absence—I shall be back the middle of next week.")
Cross-examined. I saw Sandman four times, I should not like to say oftener—I saw him there a few days before the letter came—he came about 9.30 a.m., and I have seen him come at 11 a.m.
Thursday, December 13th.
Cross-examined by MR. GILL. I was not examined at the Mansion House, and am giving evidence for the first time—I had seen Sandman before at our house.
Cross-examined by Stern. I believe Sandman said the microscope belonged to him.
THOMAS EYLES . I am assistant to Smith and Dymond, pawnbrokers, of 80, Newgate Street—I produce two pawn-tickets relating to microscopes. (These were for 3l. each, one in the name of E. Smith, and the other in the name of Sandman, 29, New Bond Street, Leicester.) I do not recognise cither of the prisoners.
JOHN BASTABLE . I am assistant to Mr. Lawley, pawnbroker, of Farringdon Street—this (produced) is one of our duplicate contract notes relating to two microscopes for 5l., and pawned in the name of Levy, 4, Catherine Court, Tower Hill—this card was brought by the person pawning the microscopes—I do not recognise either of the prisoners.
WILLIAM JOHNSON . I am assistant to Robert Attenborough, of 121, Minories—I produce a pawn-ticket relating to microscopes pawned for 7l. (This was dated 25th August, 1877, in the name of Phillips, 44, Fore Street.) I do not recognise either of the prisoners.
ALIPED ENGLAND . I am assistant to Mr. Gill, pawnbroker, of Hampstead Road—I produce some pawn-tickets relating to microscopes pledged if on 11th September by Stern in the name of A. Phillips, of 44, Fore Street, for 10l.—he gave this card at the time, "A. Phillips and Co., 44, Fore Street, London, E. C. "This other ticket is for a microscope pledged on 11th October for 3l. in the name of Sandman, 29, New Bond Street, Leicester—I recognise the prisoner Sandman as pledging this.
Cross-examined by Stern. I am certain you pledged the microscope for 10l.—I have your signature to the memorandum, if that will be any guide.
By the COURT. He wrote it in my presence—I have looked at him, well, and do not think I have made a mistake.
By the JURY. Stern pledged five small microscopes—it was one pawning of microscopes for 10l. Stern. That is not my writing.
RICHARD COLLIER . I am assistant to Christopher George Lawrence, pawnbroker, of Beech Street—I produce a ticket relating to a microscope pawned on 17th August, 1877, for 1l. 5s., in the name of F. Judd—neither of the prisoners pledged it.
EDWARD SMITH . I live at 24, Woodland Road, New Southgate, and am a clerk to Carter and Son, ivory merchants, of Fleur de Lis Street, Norton Folgate—a man named Oberdorfer called in September with an order for ivory combs for the firm of Jado, Levy, and Co.—he gave a reference in writing to Messrs. Mezler and Co., of 4, Bow Lane, Cheapside—I have not got the order—I called there and saw a young man who said that the firm was respectable—the combs were supplied on the 21st September to the value of 13l. 1s. 9d., and were delivered at 4, Catherine Court, Tower Hill, the terms being payment in a month—on 25th September I received this order dated 24th September, it was addressed to the firm, and is for combs to the value of 21l. 19s. 7d.—we delivered the goods to Messrs. Jado and Levy, at 4, Catherine Court—on 2nd October two persons called, one of whom was Oberdorfer, and I showed them samples of ivory combs similar to what they had bought previously—they said they had come from, and in fact I knew that they came from Jado and Levy—they said they wanted the combs to ship to South America, that they had an order for 248 dozen, but they could not decide as the terms wore not liberal enough—they went away undecided, and next morning we received this letter. (This was signed Jado and Levy, ordering 248 dozen combs marked with the "Elephant" stamp, and urged a little extra allowance, as their profit was very small, to be delivered not later than the following Thursday.) The "Elephant" stamp is a distinctive die of the figure of an elephant, which we use for the South American trade—this is the receipt for them signed "Jado and Levy"—their value is 87l.15s.1d.
—the goods were all supplied—before we completed this last lot we wrote a tatter at 12 or 1 o'clock in the day intimating to Jado and Levy that we should require cash payment on delivery of the goods—on the following Monday, 10th October, I think, I called on them for payment, and found they were not there; a boy in the office said that Mr. Levy was not in, and had not been in—I said "Is there any chance of his being in?"—he said he did not know anything about it—I went there twice afterwards with the same result, and I never saw them again until I went to the police-court—I have never been paid for the goods—I did not see our goods at their office—Levy came down the same day of writing the letter, and asked for immediate delivery of the goods—he said "I will pay you a cheque for the whole account on Wednesday, the 10th, we want the goods directly down for shipment, as we want to send them off at once"—I have seen the combs Sergeant Lythel has produced, and identify them as some of ours—we, of course, believed they were intended for the South American market, and that the prisoners were carrying on a genuine business.
Cross-examined by MR. GILL. I had no opportunity of seeing Jado and Levy write—no document was signed by the person representing them.
Cross-examined by Stern. I did not receive your name as a reference—I called to see Mezler and the answer was "We have had several transactions, and we find them quite satisfactory."
FREDERICK SCHWEIZER . I am clerk to Mr. Cornet, manufacturer of shirt-fronts and collars—on or about 3rd or 4th September we received this printed memorandum: "Jado and Levy to Cornet and Co. Please call on us with samples of collars and oblige, yours truly, Jado and Levy." I called at 4, Catherine Court, with samples of collars and cuffs, and saw Mr. Levy—I showed him collars at 3s. 9d. per dozen—he demurred at the price, and offered 3s. 6d.—I said they were very cheap, and I could not sell them under—he said he had a buyer from Germany, and if I left the samples he would speak to his buyer and see what he could do—I left the samples, and shortly afterwards wo received this written order for thirty dozen collars, dated 10th September, on the same headed paper—the collars were all assorted sizes, and we had to make them—it took two or three weeks to do so, and in the interim he came to our office and inquired if we could do a lot of job fronts—I said that we had a lot in stock, but they were not "job," because they were saleable, but if he liked to introduce trade in Germany we would give him the usual terms, and if he liked to pay cash he would have 5 per cent., or 2 1/2 per cent, or one month's credit—I went there afterwards with the samples and saw Mr. Levy and Mr. Oberdorfer—he showed the samples to Oberdorfer and gave him a memorandum of the prices, and he added a slight addition in German—I understand German—when I was going out he followed me and said "Will you come and have a glass of ale?"—I said "Yes," and he said "That gentleman there (Oberdorfer) is my buyer from Germany; it is a good tiling to have a house here, for I get a little thing out of it, but you must not tell him about the fronts I buy, that is my affair; you give me a price and I shall get an order"—I then left him—shortly afterwards he called at our office and saw Mr. Cornet and produced this order for 185 dozen insertion fronts in assorted sizes—the goods were delivered—there are three references on the back of the order, viz., Mezler, E. Stern and Co., and Edwards, of 26, Finsbury Place—I went to the references
before I sent the goods—they were to be paid for by cash, but when I called for a cheque Mr. Levy said he wanted two days, and so I ordered the goods back again—he said they must be there by 4 o'clock that afternoon for shipment, and that he gave me references, and I ought to have inquired—I said the references had nothing to do with that, as it was a cash transaction, but on a future occasion I might make use of them—he said "I shall pay for those goods after they have been checked by my packer; I must have two days until my packer returns the invoice"—I went back to my principal and he advised me to call on the references—I first went to Edwards, and the report I had there was that they knew Mr. Levy to be agent for three several first-class German houses; that he was certainly a respectable man, but they had had no business transactions with him—I asked Mr. Edwards whether he would trust him for 60l., and he said "For such a sum as that I should not hesitate at all; I believe Levy to be thoroughly respectable"—I then went to Messrs. Stern and Co., 26, Finsbury Place, and found the door closed, with a placard on it, "Return shortly"—from there I went to Mezler and Co., 4, Bow Lane, and inquired for the principal, who, I was informed, was out, and would return at 2 o'clock—I then returned to our office and saw Mr. Cornet, who, on the recommendation of Messrs. Edwards, gave me instructions to deliver the goods at Catherine Court—I went with them, accompanied by a porter—I saw Levy and Oberdorfer, who counted the packages and made 104, and Levy counted them and finally made 94—Levy signed this receipt for them—I did not go to Stern again before I delivered them—I went to Stern's the next morning about 11 o'clock and saw him—I recognise the prisoner Stern as the same person—he then wore a bushy beard; I have no doubt as to him—I presented him with a note written the day previously by Mr. Cornet, and he said "I have had money transactions for about 150l. with Messrs. Jado and Levy, and I think them perfectly safe"—I asked him whether I could safely trust them for 100l.—he said "I should not mind trusting them myself for 200l."—I thanked him and left—on the Wednesday Mr. Levy came to our office and said that his customer had objected to two numbers of insertion fronts, because he thought them too dear—the value would be about 17l., and he asked us if we would take them back—he said he was too much of a business man to force us to do so, but if we would take them back it would be of great service to him, otherwise he must bear the loss—he asked us if we could find a market in France, and we said it was quite possible—he said "There is a bill coming due for 240/., but I find three days' grace is given in England, which will make it Saturday; I should like you to delay your pay-day till Saturday next, when a cheque will be ready for the whole amount"—after some delay we consented—I called on Saturday at 12—Mr. Levy was out and I waited till he returned—I saw him and he said he had been to the bank to inquire whether the bill was met, and he thought it would be illegal to give a cheque not knowing whether the cheque was honoured, so he told me to call on Monday at 10, when a cheque would be given without asking for it—I did so and found a placard on the door, "Will return after 11"—I called again at 11 o'clock, and saw a man there waiting for Mr. Levy—he asked me if I had come for some money, because Mr. Levy had left instructions with him to say he had gone to the West End to collect some money, and he would be back at 4—I went at 4 and waited till 5, but Mr. Levy did not return—I called on
Tuesday morning at 10 o'clock and shortly afterwards Mr. Levy arrived—I said "I have called for the cheque I was to have without asking for it—he said "Those goods you sent me were not worth half the price and shan't pay for them; I shall see Mr. Cornet this morning at 12 and he must take them back"—I said it was useless to call at our place, for we should not hear of any such proposition, and I didn't like his shuffling ways, and should place the matter in other hands—that occurred in his own office the last time he was there—all the goods had been remove from there with the exception of one dozen collars—Mr. Levy did not calm at our office at 12, and we have not seen him since—I went there on "Wednesday and saw bills presented and many people inquiring for Mr. Levy—the office was not closed until about Friday, when I called at about 11—we have not been paid a penny for our goods—we believed they were bond fide merchants, and that the goods were intended for the German, market—on a Sunday night in October, in consequence of a telegram from Sergeant Lythel, I went to Leicester, and at the police station I was shown 45 dozen of our shirt-fronts—identify these (produced) as a portion of those we supplied on 1st October.
Cross-examined by MR. GILL. I saw Messrs. Jado and Levy write on several occasions—I recognise this as Mr. Levy's writing: "Jado and Levy"—that is not our invoice.
Cross-examined, by Stern. I knew the contents of the letter I brought to you—it was to ask whether Messrs. Jado and Levy were respectabls—and could be trusted to a reasonable amount—the three letters went similarly written—they gave me verbal answers—when I go to principals—they very often will not give written answers—some principals' word is sufficient—I made inquiry at Edwards and Co.'s first—I stated that I delivered the goods on their reference—we believed what they stated, or we should not have supplied the goods—they said they believed them to he worth 60l.—we also believed the business to be genuine, from what passed between Jado and Levy and myself at their office—we did not consider it strange that they should supply the German market with goods, where they are cheaper than anywhere else; he wanted a job lot, and if they suited him we were open to sell—I told Mr. Levy at the time it was not a job lot, but he could have them at a great reduction—we delivered one parcel value 57l., but never any goods before, only the samples, which were worth 7l. or 8l.
JOHN CARNALL . I am a hardware and general dealer of Stony Vale Road, Leicester—on 23rd October Sandman came there and offered me some samples of ivory combs—he said that he had about 20 gross, which he offered at os. a dozen—he said his name was Sandman, and that he lad a shop in Bond Street, Leicester, where he had been about three years, and that he was in the habit of buying bankrupts' stocks, and dealt with Lee of Leeds, Knight of Manchester, and David Hyam and Co. of Houndsditch—they are highly respectable houses in Manchester and Leeds—I inspected the combs, and offered to take half a gross of each size—he declined to sell less than a gross, and I took a gross of each size at 5s. A dozen all round, for which I paid him 27l.—there were nine distinct varieties—I believe they all had the elephant mark, but I did not look at all—he gave me a receipt for the money—I afterwards saw Sandman at the Leicester police-station—I asked him where he got the combs—he said he bought them of a party named Levy, of Houndsditch, I understood
him to say, but I am not quite certain. (Receipt read: "Bought of H. S. Sandman, nine gross of combs, at 5s. a dozen, 27l. Received, H. S. Sandman.") The value of the combs is about 6s. 6d. a dozen, possibly, but he stated that he bought them of a bankrupts stock, which accounted for the lowness of the price.
Cross-examined by MR. GILL. I think I can swear to what I have said—I Sandman told me his name, how long he had carried on business, and how long he had been in Leicester, which I believe was all true. From his mentioning names which I knew, I thought he was a fair, honest tradesman. He brought the receipt just as I received it.
By the COURT. He agreed to buy, and then brought the receipt as it is—there was nothing to invite suspicion—I have never been on the premises, 29, New Bond Street—I did not see this placard on the premises; I received it by post.
SHACKLETON HALLETT . I am a barrister—I got an assignment* from the licensees of the publishers of some steel plates of Sir Edwin Land-seer's of the right to use the plates for the purpose of lithographing a transfer as taken from the steel plates—at the time I acquired that right there were 7,000 copies of a particular picture on hand, and I took the whole stock with the copyright—the old stock was quite unfitted for my purpose, and I took steps to get rid of it, and saw a man named Spannier with reference to them—I shortly afterwards received a visit from a man named Rock, who stated that he had formerly belonged to Christchurch, Oxford; had been a student at one of the Inns of Court; that he was a brother of a Shropshire clergyman; that he had a large acquaintance-amongst shipping agents in London, and if I paid him a commission he—would place this old stock amongst the shippers, and would be able to take the whole stock of engravings for export to the colonies. He called a second time and said that he had known some shippers of Finsbury Place, E. Stern and Co., for some time, and would give them an introduction to me, and they should call upon, me and take a quantity of my goods—I said that I did not wish them published in England, and should like them if possible to be exported to the colonies, because the issue of the old stock in this country would interfere with the improved issue, and that Messrs. Stern and Co. would want them for the Cape of Good Hope—afterwards I received a visit from Stern, who brought me this letter from Rock: "4, Grove Place, Acton, W., September 28th. Dear Sir—T bearer, Mr. D. Stern, of Stern and Co., may be able to buy a quantity of your pictures, and I trust the introduction may lead to business.—Yours truly,—Rock." Stern brought with him two men, one of whom I subsequently saw in his office, who I believe was his clerk; the other I believe to be Oberdorfer—Stern said "I am a shipping agent," and he gave me to understand that he did a considerable business with Germany and the colonies, especially the Cape of Good Hope—he said, referring to the man I believe to be Oberdorfer, "This is a merchant from the Cape of Good Hope; he has a considerable business there in engravings and lithographs, and I think he will be able to take a vast number of these engravings"—the engravings were there, and samples of a large number of copyrights which had been offered to me—he took a sample of "The Challenge "and marked in the corner of it the date and his initials, and samples of other pictures by Sir Edwin Landseer—they were copyrights which had been brought me, and I had not finally decided whether I
would accept them—he marked them all—I said that I was not at all anxious as to the new copyrights, but the old stock, "The Challenge" and "The Sanctuary," I was anxious to get rid of—he said none the less he should like to take the samples—he and Oberdorfer made a number of remarks about the pictures; some they thought particularly suited to the Cape market, especially "The Challenge" and "The Sanctuary" after Stern had marked the samples he asked me the terms on which I would sell the engravings—I had previously told him the price of the old stock—viz., 7d. each.—the proper price in this country would be 2s. 6d. each—that is what the original plates sold at—he said "We do a large business with Berlin, I suppose you will be satisfied if we give you a bill on some firm in Berlin"—I said "I know nothing about bills and business matters, the only thing I can understand is cash"—he said "I will consider the matter and write you further"—afterwards I got this letter, dated October 1st, 1877: "Dear Sir—Please forward 2,000 engravings of The Sanctuary,' and 2,000 engravings, 'The Challenge' at 7d., less 5 per cent, cash, payable on 15th insr., and oblige, dear Sir, yours respectfully, D. Stern and Co. References—Messrs. Mezler and Co., 4, Bow Lane; Jado and Levy, 4, Catherine Court, Seething Lane, E. C." I first called at Messrs. Mezler, who occupy the ground floor in Bow Lane—the premises seemed to be stocked with valuable lithographs—I saw a clerk, who said that it was very difficult to find Mr. Mezler in, as he had so many engagements—I left my card and said "Will you tell Mr. Mezler to write to me to this address and give me information as to D. Stern and Co., who have referred me to him ?"—he said he would give the card and ask for the information—I called a second time—some other persons were in the shop, one of whom I believe was Mezler—the clerk said "I gave the card to Mr. Mezler, and he said he would attend to it"—I said "Is Mr. Mezler here now?"—he said "No, he is not here"—I said "Mr. Mezler has not written to me, I will leave 2d. to pay for stamps for Mr. Mezler to write"—I thought perhaps he had not written, from motives of economy—he said he would give the stamps to Mr. Mezler and ask him to write—I then said to the clerk "Stern says he has had dealings with your firm, is that the case?"—he said "Yes"—I said "He is rather pressing about this order, and do you think I can safely execute it?"—he said "I should say so, we have had considerable dealings with him"—Mr. Mezler did not reply to my letter—I called at Jado and Levy's place, 4, Catherine Court, Seething Lane, and saw a clerk—I showed him the order, and said that I had been referred to their firm, and that I wished to see Mr. Levy or Mr. Jado in reference to it—he said neither of them was in, but that if I left the name and the amount of the order he would mention the matter to Jado and Levy, and they would write to me—he asked me the exact amount of the order—he said it was important he should know that—I said "Does it make any difference whether it is 50l. or 100l.?"—he said "Yes, because they might be good for 100l. and not for 150l., so you had better be very exact in mentioning the exact amount"—I subsequently received this letter: "4, Catherine Court, Tower Hill, London, E.C., October 3, 1877. To Mr. Shackleton Hallett. Dear Sir—Messrs. D. Stern and Co., of 26, Finsbury Place, we know as respectable and trustworthy, and consider them safe for the amount named. Yours truly, Jado and Levy." After receiving that, Rock called, and I mentioned to him that I had received
no reply from Mezler, but that I had received a satisfactory reply from Jado and Levy—he said "Mezler and Co. are, doubtless, jealous of Stern and Co., because Stern and Co. are a young firm in the same business as Mezler and Co.; they touch lithographs and Mezler and Co. deal also in lithographs, and they are doubtless anxious that you should do business with them"—I said "That may be so," and that I would consider the matter further—I subsequently received this letter: "D. Stern and Co., 26, Finsbury Place North, London, E.C. October 5, 1877. Mr. Shackleton Hallett. Dear Sir,—Please inform us by return when our order will be executed, as we are waiting for the pictures to pack with others for shipping, and oblige, yours respectfully, D. Stern and Co". There is also a receipt on this by Mr. Rock, which was written some little time afterwards—in consequence of this letter I called at Finsbury Place North, and saw Stern, who was seated at a centre table, near the window—there was a clerk, whom I now believe to be Roberts, who was counting some lithographs or chromo-lithographs—I said to Stern "I have called with reference to this order of yours; I told you that I car only understand a sale for cash"—he said "Yes, but my order is a cash order; you are not acquainted with these matters; if you were, you would know that houses doing a large business are in the habit of making payments on certain fixed days in every month, and on those days only. Our pay day is on the 15th, and a payment on that day is what we call prompt"—I said "Well, that may possibly be so; a fortnight may not make much difference"—I said again to him "Where are these goods going to?" he said "They will be shipped at once to the Cape of Good Hope, and there is a vessel waiting in the docks, and I am, therefore, anxious for their immediate delivery"—I said "I have had a satisfactory reference from Jado and Levy, but Mezler and Co. have not given me any written answer to my inquiries; the clerk there says that you have done business with them. Mr. Rock says the reason why Mezler has not answered, possibly, may be jealousy of you, as you both deal in lithographs and," I said, pointing to the clerk at the window, who was counting the lithographs, "I see you deal in these things"—he said "Yes," and he produced a number of receipted bills from Mezler, showing payments made by himself to Mezler to a considerable amount—this seemed to confirm his statement, and I said "You shall have the goods; I have been engaged in purchasing the copyrights, and have at present taken no warehouse. I have not commenced any business; they are on the premises of the vendors to myself, in Serle Street, Lincoln's Inn, waiting my order. If you send there to-morrow I will have them delivered to you." On October 8th I attended at Serle Street, and I found outside the door of the warehouse the prisoner Sandman in a light spring cart, and another man, J. Roberts, whom I had previously seen in Stern's place of business, counting the lithographs—Sandman at that time had light whiskers under his chin—lie subsequently dyed them with some lead dye—it was something that changed the colour, and it was obviously by artificial means—he was dressed as a countryman—they were waiting at the door, and I said "I suppose you are Mr. Stern's carman?"—Sandman said "Yes, sir"—I said to Roberts "One of you will have to come in and take these engravings out of the warehouse"—Roberts came into the warehouse and delivered to me this order. (Read:" E. Stern and Co., 26, Finsbury Place North, London, E. C October 8th, 1877.
Mr. Hallett. Dear Sir,—Please deliver to bearer 4,000 pictures, and oblige, yours truly, D. Stern and Co.") I then delivered to him 2,000 copies of "The Sanctuary," and 2,000 copies of "The Challenge"—they were packed in 16 brown-paper parcels of 250 each, as they came from the printer's—I produce this receipt written on my ordinary paper. (This was a receipt for the engravings, and was signed by J. Roberts.) As they were leaving, I said to Roberts, in the presence of Sandman, "I suppose you will take these to Mr. Stern's office?"—he laughed, and said "No, they must be packed at the office before they can be sent to the ship"—I do not remember his mentioning the name of the packers—they then left—subsequently I received a second order. (Read: "D. Stern and Co. 26, Finsbury Place North, London, E.C. October 10, 1877. Mr. Hallett. Dear Sir,—We have sold to a customer of ours 500 copies of 'The Sanctuary,' and 500 copies of 'The Challenge,' at 7d. less 5 per cent, for cash, to be delivered at once. Please inform us at once whether you have these pictures in stock, and when you can deliver them. Your early attention will oblige yours truly, D. Stern and Co. P.S. This order to be paid with first amount, on the 10th instant.") I called at Stern's office—I had in contemplation at the time the purchase of the copyrights of "The Huguenots" and "Black Brunswicker," and I said to Stern "I am thinking of taking these plates, and also other plates of Landseer's stock, but I am not quite decided about the purchase of them. Do you think there would be a market for these at the Cape of Good Hope?"—he entered into a discussion on the relative merits of the pictures, and he advised me to purchase one of them—he then said that he would be calling himself the next day for the other copies of "The Sanctuary" and "The Challenge"—I said "Where will they go?"—he said "They also are going to the Cape of Good Hope"—on the morning of October 11th, I saw him outside the warehouse, in Serle Street, by himself—he then had whiskers, which have been shaved off, I may say—his appearance was very different then—he appeared a much more respectable person—he was well dressed, clean shirt and collar; in fact, he appeared like a very respectable person indeed—he received 500 copies of "The Challenge" and 500 of "The Sanctuary"—I think there was some difficulty as to the packages—they were not all the same number, so he asked for 50 more copies of each—they received 550 copies of each—the receipt had been made out for 500 each, and the "50" has been added, and Stern then initialled this alteration. (Read: "Received from Mr. Shackleton Hallett 550 copies of 'The Sanctuary' and 550 copies of 'The Challenge,' at 7d. per copy, less 5 per cent, for cash.") Stern said there was a cab to take them to the shipper's, and I then left him at the place—on the 15th instant I called at the office of Stern—the housekeeper was standing outside, and Stern was not there—a number of people were calling, asking for their money or their goods, neither of which could be found—I have seen a considerable number of prints which were found at Leicester, and recognised them as some of those I sold to Stern—they bear the marks which Stern put on them—I have also had shown to me samples of "The Sanctuary" and "The Challenge" taken from a large case at King's Cross, which I recognise as portions of the packages of 250 each, delivered on the 8th October to Sandman—I believed that Stern was carrying on a genuine business as a shipping agent, and that those goods were to be consigned to the merchants at the Cape of Good Hope, or I should not have parted with them.
Cross-examined by MR. GILL. Mr. Spannier was the chief agent in bringing Stern and myself together, and he introduced Rock—he had the chief commission on the sale of the pictures, and Rock a second commission—Spannier is a German Jew—an old employee of mine recommended. me to him—he is not my clerk—if he described himself as" clerk to Mr. Shackleton Hallett, of No. 1, Hare Court, Temple," that would be untrue—he explained that at the Mansion House—Rock's statements had not much influence with me—I saw a letter from a clergyman in Shropshire which led me not to pay much attention to his statements—I had confidence in neither—I relied on my intention to receive only cash, and, secondly, on references—I was to a certain extent induced to part with my goods by the statements made by Rock, because they were confirmed by the statements made by Stern—I made up my mind to part with them when Stern showed me the receipts on the 7th October—Roberts did not call on me at the Temple—Spannier was not with me the day the goods were delivered—he used to come in frequently, and on one occasion Stern was there when he came—Spannier may have been there the day the goods were delivered—Roberts came, I think, on the first occasion with Stern—an appointment was made to meet for the purpose of giving up the goods—my impression is that must have been late in the day—it was made at Stern's office, and the goods were to be taken from Serle Street, where I was to meet Roberts—I have no recollection of any conversation with them at my chambers that day—that receipt was signed by Roberts in Serle Street, in the house—Roberts went in by himself, and Sandman remained in the cart, which was the only time I had seen Sandman—I had come from one of the courts in Lincoln's Inn—the door of the place was not open at first, and people were waiting for it to open—Roberts seemed to have the appearance of a respectable clerk—I knew I had seen him at Stern's or at my chambers—I did not hear Spannier examined at the Mansion House—Spannier is no longer in my service—he was called for the prosecution—if he says that Sandman called at Hare Court on the 8th October it is not true, nor that Sandman signed that paper and gave the receipt in the name of Roberts—Sandman's dye on his beard is fading from the ends now.
Re-examined. I have dismissed Spannier, or rather certain inquiries were being made, and he was advised to resign.
Cross-examined by Stern. I think you called with your clerk and Oberdorfer—I know the latter from his description—he was a darkhaired young-looking man—it was when you showed me the receipts that I made up my mind to let you have the pictures—I called for the purpose of putting some questions to you—you were very anxious for me to take bills, and I said "I cannot take bills"—then your letter came saying you would pay cash on the 15th—I did not say I would take bills or cash—I have no recollection of meeting Roberts at Hare Court except in your company—I saw the carman (Sandman) and Roberts at Serle Street—Sandman helped put the goods in the cart—you said you wanted the second lot of 1,000 pictures for the Cape of Good Hope—I think I met you in Serle Street at three o'clock p.m.—there was a difference in one package, and I think it made 1,100—when I called at your office on the 15th the landlady told me that a number of persons had been calling for their money—she would not let me into the house—she said there were so many persons coming down that it blocked the doorway—if Spannier
says you called at my chambers seven or eight times that is not true, or that I posted Spannier outside the door to hear the conversation.
MAGNUS SPANNIER . I am a commission-agent, and live at 4, New North Street, Bloomsbury Square—I know Rock as much as Mr. Hallett knows him, through another man who sent him to me in connection with buying some pictures I had to sell for Mr. Hallett—I forget his name, it was in Long Acre—I was engaged by Mr. Hallett to sell the pictures on commission—after they had been obtained I went down to Leicester with Sergeant Lythel, and on the 28th October I went to Sandman's premises, 29, New Bond Street—we had taken lodgings opposite the house first of all—we went to Sandman's warehouse on Sunday, the 28th October, and I was present when search was made, and when 250 of the lithographs "The Challenge" were found there—subsequently another 700 were found upstairs—Sandman said in Lythel's presence something about buying them of Stern, and said he paid 3d. each for them, or something of that, and I said it was not half the amount they were sold for, and a great many things were said that I cannot call to mind.
Cross-examined by MR. GILL. I knew Mr. Hallett through a gentleman living in my neighbourhood connected with my brother coming to my place and sending us to Mr. Hallett—my brother and I are in the picture line—I made the correction at the Mansion House directly I said I was clerk to Mr. Hallett—I said I was managing the sale of the pictures for him—I was at Hare Court mostly every day, sometimes two or three times a day and sometimes two or three days a week—I was in the hall on one or two occasions when Stern was there—I was not at Hare Court when Sandman was there—I saw him at Lincoln's Inn when he went for the pictures—I was not very far away—I did not go there with Mr. Hallett—I was standing close against the cart watching—I did not see Mr. Hallett there at all—he had no doubt gone on, because I called at his chambers, and the clerk told me he had gone to Lincoln's Inn, and I followed—I did not go into the house—when I said before the Magistrate "On the 8th October the prisoner called on me at Hare Court and produced the order marked A," I meant that he called on Mr. Hallett and produced the order to him—I was under the impression that Sandman signed the receipt—Stern was not in custody then—it was well understood that Sandman came on behalf of Stern to fetch the 4,000 pictures away—that is what I understood I said—I believe I did say that Sandman signed the receipt, but not that he signed it in the name of Roberts, because I was not near enough to see—I swore I see him sign a receipt—it is not a very broad street to see across—I had my suspicions about its being a genuine affair—it was signed just inside the building, I believe.
Cross-examined by Stern. I said at the Mansion House that I saw you three or four times—I saw you twice at your own office—I asked to see Mr. Stern and you were pointed out to me—I did not go up to you or speak to you—on one occasion I opened the door and asked if Mr. Stern was in and was told "No" by a rather dark person with a moustache—at Mr. Hallett's chambers I understood from the boy in the hall that you were in Mr. Hallett's large room, and you were the person I wanted to see, and I took particular care to know all that went on, and I told Mr. Hallett not to let the pictures go, but he did, much against my wish—I
knew you were a lot of swindlers—I begged of him to let me get them back for him, and I traced them myself—Mr. Hallett and I made inquiries about you at Judo and Levy's, and I told Mr. Hallett he would not get his money—they wrote a reply—I was to have 2 1/2 per cent, on the sale of the pictures—when I went down to Leicester I represented myself as managing the sale of the pictures—I represented my master as being one of the prosecutors—it is not true that I said I would take 20l. and settle it.
Re-examined. Mr. Hallett can substantiate what I say.
ISABELLA ELIZABETH BROWN . I am servant to a Mrs. Lovegrove, housekeeper at 4, Catherine Court, Tower Hill, where I reside—Messrs. Jado and Levy occupied an office on the ground-floor—they went in about June—there was some furniture there which they had to pay for before taking possession—they left about the beginning of October or the latter end of September—the brokers afterwards came in—I have seen Stern there—he used to come in on many occasions, and' sometimes ask me for the key—I have seen Levy there every day—he had dark hair curled and dark whiskers, and was shaved on the chin—I never saw Jado there—I don't know the name of Oberdorfer.
Cross-examined by MR. GILL. A great many people came there—it was one room furnished, partitioned off into three—several bales of matting came there, and on one occasion a great quantity of hampers of boots and shoes and samples of collars and cuffs and buttons—the goods did not remain there long—their errand-boy and a carman one afternoon carried off the hampers of boots and shoes, and the other goods were taken away.
HENRY LAKE CALTON . I am clerk and book-keeper in the counting-house of Messrs. Southgate and Co., of 49, London Wall—this note (produced) came from D. Stern and Co. (Read: "D. Stern and Co., 26, Finsbury Place North, London, E. C., October 8th, 1877. Messrs. Southgate and Co., London Wall. Gentlemen,—Please forward 16 packages containing pictures delivered to you to-day, packed in one case marked D. S, 97, to Mr. Russell, Livery Carriage Company Buildings, Church Street, Preston, Lancashire, carriage paid by us, and oblige, yours truly, D. Stern and Company.") The goods were delivered accordingly with this card (produced), and were packed in due course and forwarded per Chaplin and Horne.
EDWIN LEGG . I am assistant to Messrs. Dobree, pawnbrokers, of 73, Charlotte Street, Fitzroy Square—this is the contract-note for a microscope (produced), dated 17th September, 1877, in the name of "Stein"—I recognise Stern as the person who pawned it—I produce the other half of the contract-note.
SAMUEL LYTHEL (City Detective Sergeant). On the 22nd October I received from the Mansion House two warrants, and from information I received I went down to Leicester with Spannier, and obtained from the local magistrates a search warrant to search the premises of Sandman—I took some lodgings opposite the house 29, New Bond Street, Leicester, and watched the premises from the window, from Wednesday afternoon to Sunday night—I saw some prints exposed in the window, and I went in about 8.30 or 9 o'clock on Sunday evening with Spannier and a Leicester police-officer—I saw Sandman in the back parlour—the stock consisted of a variety of goods, looking-glasses, clocks, vases, alarms, lustres, birdeages, cash-boxes, &c., &c.—I told Sandman that the Leicester officer and myself were police-officers, and we had a warrant to search his house—
the Leicester officer then read the warrant to him, and explained the meaning of it—we then proceeded to search—in the shop I found a paper parcel containing lithographic prints, which I afterwards counted, and found it contained 250 prints exactly similar to those produced of "The Challenge" and "The Sanctuary"—we then proceeded to the first floor front room, and on the table in the room I found a large quantity more of the prints, which I afterwards counted, and there were about 700 of them, making together about 950—I then said to Sandman "These are part of a lot of goods which have been obtained by fraud, and they have been identified by this person," meaning Spannier—he said "I am a general dealer, and bought them in the ordinary way of my trade"—I said "Then you can tell me from whom you bought them, and I have no doubt you have some receipts"—he said he bought them of a man named Stern in the City Road, London—I may say that Finsbury Place is a continuation of the City Road—he said he never kept any receipts—I then saw a parcel in the back parlour which I took up, and asked him what it contained—he made no answer, and I proceeded to open it, and I found it contained a quantity of shirt-fronts, 45 dozen, as I afterwards counted—I said to the prisoner "I have no doubt this is part of a lot of goods that have been obtained by fraud, I shall take possession of them"—we then conveyed him and the goods to the Leicester police-station—I think I said the goods had been obtained by Jado and Levy—I did not then say from whom they had been obtained—he was examined before the bench of Magistrates on Monday, and remanded till Wednesday, and in the meantime I obtained a warrant from the Mansion House for his removal to London—while at Leicester, on the 29th, I called on Mr. Carnall, of the Haymarket, Leicester, and had a conversation with him, the result of which was that he gave me up nine gross of ivory combs—he previously went to the Leicester police-station, and saw the prisoner, and said he was the person he bought them of, and the prisoner said he bought them of Jado and Levy, of London—I said to the prisoner "I have heard what this gentleman says—I shall get the combs from him, and no doubt they are part of a lot of goods obtained from a house in London"—he made no answer, and I removed him to London on Wednesday—the prints have been identified by Mr. Hallett as well as Spannier, and the shirt-fronts by Schweizer, Mr. Cornet's clerk, and the combs by Mr. Smith, of Carter and Co., as part of the goods they had sold to Jado and Levy, and to Stern in the case of the prints—on the evening of the 8th November from information I received I went to Preston, and got information respecting the movements of Levy and Stern, and in consequence of that I wont on to Glasgow, where I arrived on Monday morning, the 12th—I went to Steele's Hotel, Queen Street, but was unfortunately too late for the men—when coining out of the hotel I saw a railway van drive up—I had knowledge of a case being on its road to the north, which I heard of at Russell's, of Preston, and also what it contained—the case was marked D. S., 97 or 98—after it was delivered I took possession of it—it weighed 8 cwt.—on opening it I found it full of lithographic prints of "The Challenge" and "The Sanctuary"—the address on the case was "E. Smith," or "A. Smith, Steele's Hotel, Queen Street, Glasgow"—I returned to London on the 16th, and went to Edinburgh on the 23rd at about 12.30—on Saturday the 24th November I saw Stern in Princes Street—I was in company with an officer, and I said to the
prisoner "We are police officers; I want to speak to you a minute; your name is Stern"—he said "No, it is not"—I said "I know that you are Daniel Stern, and I shall take you into custody; I have a warrant for you"—he said "I expected that," and I conveyed him to the police-station at Edinburgh, and I read the warrant to him—he made no reply, and on the 26th I conveyed him to London—on searching him at Edinburgh I found on him three pawnbrokers' contract tickets all relating to microscopes, one pawnbroker being Dobree, another Lawleys, and another at Liverpool—the date of the Liverpool one is 3rd November, in the name of Edward Smith, Elm Grove, large microscope 3l.—since he has been in custody he has given me some information which has led to the recovery of a large amount of property, and will probably lead to further recovery—I have taken Mr. Anderton round to some of the pawnbrokers, and he identified the goods as a portion of the property he sold to him in July, August, and September—I found on Sandman a little book in Hebrew characters and 22l., and a silver watch, which I omitted.
Cross-examined by MR. GILL. I was first instructed in this case about the 8th or 10th October, and have devoted a good deal of attention to it—Sandman answered my inquiries—Mr. Carnall's stock was very various.
Re-examined. Mr. Carnall's is an old-established respectable house.
Stern in his defence said he never gave a reference for Levy; that he got acquainted with him 15 months since when travelling with jewellery in London when Levy was trading at 10 and 11, Aldermanbury; he afterwards took the office in Finsbury Place, and Levy gave him a reference, as he had done business with him and paid him, and he had no interest in the goods Levy obtained.
ISABELLA SANDMAN . I am the daughter of the prisoner Sandman, and was living with him at 29, New Bond Street, Leicester—I was in the habit of writing his letters—he writes Hebrew only—he can sign his name, and I have learnt him also to write our address—I have signed receipts—my father has made no change in his appearance during the last few months—there is no ground for saying he has altered the colour of his beard—after he was taken into custody I found amongst his papers these letters, and also this receipt, which is signed by him (produced)—I remember some lithographs coming to our shop and they were exposed in the window for sale, and also some in the shop, and some were taken upstairs—my father has lived at Leicester in the same shop for a little over three years, I think. (Letter read: "London, August 7, 1877. 26, Finsbury Place North, London. D. Stern and Co. Mr. S. Sandman. Dear Sir,—We beg reference to our conversation last time we saw you in London, and beg to say we are in possession of some goods too late for shipment, and which we would offer you as a very reasonable price, having no doubt the same would suit. Of. course as this is our first transaction we expect cash," &c.) Another letter, dated 11th October, 1877, from D. Stern and Co., to Sandman, stating they had received another 1,100 prints of Mr. Hallett, which they were going to sell at Liverpool with the other lot which they had not yet sold, was read; also a receipt by Stern for the 1,100 lithograph, amounting to 30l. 1s. 7d., and a memorandum dated October 23, 1877, showing the purchase of nine gross of ivory combs at 5s per dozen, 27l., signed H. S. Sandman.
Cross-examined. I am 22 years of age—before we went to Leicester
we lived with a friend in Birmingham—before that we were at Newcastle—my father trades in different things—at Newcastle ho dealt in pianos—I don't recollect where he was in 1869 or 1870—I don't remember Redcar—I know Middlesboro'—we lived there—I don't know that he has ever gone under any other name—I don't know whose writing this is—the name is Simmonds—I don't think this paper is in the same handwriting—I don't know that it is my father's—all I know of his handwriting is his name, and our address, which I taught him—the acceptances on these three bills are in my father's handwriting—I don't know whose the fourth is—I have no idea what we left Middlesboro for, ask my father—I am not sure that people came to him for money for goods supplied—there was something at Middlesboro or Newcastle about an offer of composition, as ho had lost some money through not getting paid for some goods—people might have come and inquired after him—we left Middlesboro about seven or eight years ago—perhaps we remained at Newcastle for four or five years—I expect father sold the pianos at Newcastle—we had a store-room—it was a large store-room at Leicester—I recollect some pianos coming from Brinsmead—my father would not allow me to keep books, as ho said he could not read English, and it was unnecessary—I think the words on that document, "National Provincial Bank of England, London," are in the handwriting of a brother of mine—it is signed by my father—I do not recollect this bill coming—I had nothing to do with them—I don't know how soon after receiving the pianos we left Newcastle—I think this signature across this bill, dated 1870, addressed to Sandman, general dealer, Stockton-on-Tees, is mine, and not my father's—we never lived at Stockton—it looks too much like a gentleman's writing for mine—I cannot swear to it—my father's stepbrother, named Sandman, lives at Bowden Street, near Newcastle-on-Type—the signature on the bill addressed Newcastle-on-Tyne does look like my father's writing—he lived at Ashfield Terrace, Newcastle—I don't think it is my father's writing.
Re-examined. There was no reason why I should remember the date of living at Birmingham—I was not at school there.
AMELIA GILBERT . I live at 11, Nichols Street, Mile End—Sandman has lodged with me when ho has come up to town during the last four or five years—I saw him last October—I never saw him write English—when he received a letter in English either I or one of my children would read it to him—my daughter has written an address on an envelope for him—there is no ground for saying he has altered his appearance.
Mr. Grain stated that a number of other cases had come to the knowledge of Serjeant Lythel, and that no doubt Sandman had been pursuing a course of fraud, at all events since 1869.
Serjeant Lythel stated that since he had had the matter in hand he had received a largo number of letters from different parts of London and the country complaining of the writers having been defrauded not only by the prisoners, but other people acting in concert with Jado and Levy.
SANDMAN— Seven Years' Penal Servitude.
STERN— Five Years' Penal Servitude.
The COURT, considering the: pawnbrokers were not in fault, on application of Mr. Attenborough on their behalf, made an order of restitution in respect of the microscopes on payment of the sums advanced without interest.
THIRD COURT.—Wednesday, December 12th, 1877.
HENRY SEYMOUR KING . I am one of the firm of Henry King and Co., bankers, Cornhill—we have a strong room exactly underneath my room, the only entrance to it being by a staircase which descends from one corner of my room—my room is usually swept out by the porter in charge I occupy it jointly with my father—I keep one set of keys, and my manager another set—I put mine into a patent cylinder desk which was kept locked—after the robbery I found that my desk had been opened by a person's fingers being inserted at the bottom of the cylinder—I tried and found it could be so opened "without forcing—the lock back and shut up again as if it had never been opened—I also with an expert examined the strong room, but did not find that any violence had been used, the locks being in perfectly good order—I kept in the strong room jewellery, plate, money, and securities of all kinds in chests—some of the jewellery belonged to my own relations, but the greater portion belonged to customers who deposited it for safe custody when they left the country for a short time.
Cross-examined. It required some skill to open the desk, and there must be two people to do it—I think Mr. Danks was with me when I opened it—it was done in five minutes simply by the fingers—I think Fisher was our porter about a year—the three windows of my room would look out into a court—it is en the ground floor—there are two doors to my room, nearly close together—one leads into a passage, both doors lead to the outside office—there is an ante-room, but no door from it into the passage—Fisher stayed away for his own convenience, and I told him he must leave for mine—I do not know if a character—was given him—I should have had no objection—the manager has the supervision of the porters—the robbery was first brought to my knowledge in October, 1876—we had then no suspicion that the property was taken from our premises—the prisoner left in December, 1876—we believed that the jewels had been extracted from a railway train.
Re-examined. There is a door loads into White Lion Court.
CHARLES DANKS . I am manager to Messrs. King and Co.—the firm are in the habit of receiving securities and valuables for custody—Major Tullock deposited a box about the middle of 1873—I examined that box among others after the report of the robbery, and found that it had been broken open—I examined the strong room but found no traces of violence-, the locks being in perfectly good order—I kept one set of keys, which I took home at night—Mr. King kept the other—the prisoner was there about four years, he left on the 30th December last—his duties wore connected with the shipping and warehousing departments chiefly, but he also took charge of parcels, taking them to the strong room, always accompanied by myself—we have another warehouse in Worship Street.
Cross-examined. Fisher was not so long in our employment as the prisoner—the prisoner was there when Fisher came, but I cannot answer
from memory when either of them came—I believe Fisher was wife us about a rear or so—he left in July, 1876—there is a front entrance in Cornhill, and a side entrance in White Lion Court—from the top of the staircase, which leads into the strong room, there is a door leading into White Lion Court; but to get at that door from the inside it is necessary to go through the principal's office.
WILLIAM FISHER . I live at 33, Tracey Street, Kennington Road—I was porter to Messrs. King and Co. prior to July, 1876—I went there is February, 1875—the prisoner was also employed as porter—I used to go at 7.30 a.m. and sweep and dust the room—the prisoner came at the same hour to sweep and dust the room opposite—there were two desks in the room, one belonging to Mr. King, the other to Mr. S. King—about Christmas, 1875, or January, 1876, the prisoner showed me a round box with a turquoise bracelet—he said "This is how I have property placed under my care," and asked me if I knew where to sell it—I told him "No"—he showed it to me the following day in the basement, and asked if I had found out where to sell it—I told him "No, I had not troubled about it"—that was about 7.30 a.m.—in the afternoon he again asked me if I knew who would buy it—I said I would try and sell it—he gave it to me then—I took it to Mr. Mosedale's, at the Golden Horse, in Aldersgate Street—Mosedale told me where to sell it, and I went to a Mr. Farnham, in Charles Street, Drury Lane, who offered me 2l. for it—I brought it back as Draper directed me, and afterwards took it to Farnhain's and received the amount—I gave the money to Draper, who gave me 10s. out of it—Draper afterwards showed me a gold watch—that was in the basement—he asked me to take it to Farnham's—we both went—I was not present when he sold it, but he told me that he had sold it—I do not remember the amount—in January or the beginning of February, 1876, Draper said he had heard that there was a great amount of property in the safe, and asked me if I knew where the keys were kept—he said he would not mind doing anything against Mr. King—he had a little ill-feeling against him, I believe—I told him I believed Mr. Danks took the keys away with him every night—Draper on several occasions during the day, when we went to have some beer, asked me if I could find out where the keys were kept—I told him "No"—one morning he came when I was cleaning out Mr. King's office—we talked about the safe—we noticed the desk was not fastened properly—you could see that the bolts had not gone into the catch properly at the top of Mr. Seymour King's desk—we pulled the top of the desk, and it came open—we saw the keys just inside—I said "I suppose those are the keys"—we went down and unlocked the safe—we did not take anything then—the next morning we got the keys in the same way—we took a box containing jewellery—Draper went into the safe while I listened at the door at the end of the stairs—Draper broke open the box and emptied the contents into a handkerchief—we had also fastened Mr. King's door to prevent any one coming upon us—I saw a diamond ring with three stones in it, and other things which I cannot remember—Draper did the box up again, and put it back—we locked the safe up, and put the keys back—we went to Farnharn's and arranged to meet him in the City Road, and then go to Draper's house, at 43, Nicholas Street—we met Farnham with another man whom I don't know—the things were shown to Farnham at Draper's lodgings—
Draper said to Farnham "We have got a lot of stuff—we want you to price each article separately"—Farnham refused to do that—Draper said "You won't have it at all, then"—Farnham went out—we had some drink and then parted—I afterwards took the things to Mosedale Draper was not with me then, but he went in the afternoon—Mosedale said he could very likely sell it to a relation of his in the country—he would take it the following morning, and if we called in the evening he would tell us the price—we went the following day, when Mosedale offered 45l. for it—Draper said he would not take it, and took the jewellery away—in the beginning of the next week he said "I am short of money—we had better get rid of that stuff—it is dangerous to have it about"—he gave it to me, and I took it to Farnham's, and sold it for 45l.—part of "the money was paid then and part on the following week—I met Draper, gave him half the money, and kept the other half—two or three mornings afterwards we again went to the strong room—having locked the door, the same as before, I listened at the door while Draper went to the safe—he brought out a dressing-case, broke it open, and took out some rings and a lady's watch, and did the case up again and put it back—Draper said he would not let Farnham have any more because he was chiselling us, and that he had found out a man who would buy it, and give us a better price for it—the case was taken to Draper's lodgings—I went there after I had done work, about 7 or 8 p.m.—I saw Draper and the man Mason who is here to-day—Draper said Mason knew a man named Oakley, of a public-house in Hoxton Square—he did not say the name of the house, but I think it was the Prince Albert—Draper and Mason went in first, and then came and told me it was all right, and Mason held open a side door—we went upstairs into a concert room—the public-house is near Shoreditch railway-station on the North London Railway—Draper produced the jewellery and showed it to Oakley, who offered 30l. for it, and part was paid then—Mason had 3l. or 4l. from me, and Draper gave him some—we went into Mr. King's safe four or five times altogether—on one occasion this square leather box (produced), containing a tin box was, broken open and some rings, silver bracelets, and silver brooches taken—the box has Captain Tullock's name on it—this is the bracelet—it has turquoise stones in it—Mason said "Don't let Oakley have the bracelet; I can get more money than Oakley can give you for it"—he did not say what he would do with it—I left Mr. King's employment in June, 1876—I saw the prisoner several times since—he used to come where I worked—he came once in my dinner time, and told me that a desk had been sent into the country, and that when it arrived it was discovered to be opened—he saw me again, and said that a case which he had mentioned to me was insured for l,000l. and he said "That's the one Farnham had"—he came to me day after day—he said they were all being watched, and they had to be very careful what they did.
Cross-examined. I am now employed by Mr. Wassail, of 6, Motcomb Street, Belgrave Square, a warehouseman—my employer knows what evidence I can give in this case—he has been to Mr. King about me—I do not think he has heard the evidence—I went to Messrs. King in February, 1875—we began plundering in January, 1876, and continued till May—I did not steal any articles after May—I was discharged for staying away, and was out of employment two months—I lived at my father's—I will give you his address. (The witness wrote it on a piece of paper.) I have seen Oakley during that time—I have heard Draper speak of. Dark Harry, but I do not know him—I have nut seen him that I know of—I knew Mason first in April, and saw him last in June, 1876—I heard of his arrest and being sentenced to 10 years' penal servitude—I never complained to the firm of any properly being taken, and should not have said anything if a convict had not made a statement—Mosedale is a publican and a Professional singer—ho is called Teddy Mosedale—I knew him first in 1873 or 1874 he keeps the Red Cross—the prisoner has been there scores of times—Mosedale removed to the Golden Horse about May, 1875—I used to go nearly every night to Teddy Mosedale's—I think he gave up the Golden Horse about the end of 1876—I don't know what he is doing now—I met Farnham at the Golden Horse—he was known as Tommy Farnham—I never saw him at the Red Cross—if I have said so it is a mistake—Mr. Seymour used to come about 9 o'clock—I have seta him take the keys out of his desk—the cylinder desk took us about two minutes to open—I may have said before the Magistrate that I took the keys out—I did take them out, and so did Draper—the first time Draper called my attention to it I used to stand at the bottom of the stairs to listen—I did assist Draper when he couldn't do it—Oakley does not keep on the public now—I was there in August or September, 1876—I do not understand precious stones—I know paste imitation jewellery is made—I never dealt in it—I attended a public sale at Johnson's in Grace-church Street several times, and have bought jewellery and other things when I was out of work—I won't swear that I bought jewellery during the two months I was out of work, but I have bought looking-glasses and a rug—I went there principally to pass the time away—Mr. Lewis showed me some of the stolen articles at the police-court and asked me questions about them there—Mr. Danks promised me that I should not be prosecuted.
HECTOR TULLOCK . I am a major in the Royal Engineers—I reside at Folkestone—I deposited with Messrs. King and Co. the tin box produced in 1873—it contained trinkets and jewellery of different kinds—this chain bracelet in silver produced was among them.
DANIEL MURRAY . I am employed by Dr. Guy of "Walthamstow—I took the place occupied by Fisher in the employ of King and Co.—I was there before he left and knew him and Draper—I went with the prisoner to Fisher's place and heard a conversation, but forget what it was about—Draper told me he went to Fisher's to get some money that Fisher owed him—I went with the prisoner on a second occasion to Fisher's place—Draper told me that he wanted to see Fisher to tell him that inquiries had been made about him—I went with Draper to the Mogul in Drury Lane—Draper drank with a man whom he afterwards told me was Mosedale—I also went to the Prince Albert in Hoxton Square with Draper—I have since learned that the man who kept that house was Oakley.
Cross-examined. Mr. King accused mo of being able to give information about the robbery—he did not accuse me of stealing—I now hold a respectable situation and have a good character—the Mogul is a Music Hall and Mosedale a comic singer—he sang a song that night.
EMILY SCOTT . I reside at 43, Nicholas Street—the prisoner lodged with mo three years until he was arrested—Mason frequently came to see him and Fisher also within the last twelve months of his stay—the prisoner
went away for about a fortnight in 1876—he did not tell me he was going—on his return I noticed that he had shaved and cut his hair very closely—this was in July—I scarcely knew him—I remember the prisoner telling me that a jewellery robbery had taken place at his employers' and every one was suspected and watched, but he said that I need not be alarmed, that he was not in the robbery, and of course the officers would find nothing there—the detectives came and searched his room—I afterwards found a pair of earrings in the dust when I was sweeping—I had previously shaken the beds up that day—these earrings produced are like them—I handed them to Sergeant Brett the same day.
Cross-examined. I got a letter from the prisoner before he came back to say he was coming—he usually left his rent-money on the mantelpiece, but this time he paid me on his return.
CATHERINE DAVIS . I am the wife of William Davis, a decorator, of 5, James Street, Holloway—Mason lived at our house about twelve months before he was apprehended—the prisoner often came to see him and went into his room—they appeared to be intimate.
Cross-examined. I did not know what Mason was.
THOMAS WEIGHT . I am a porter in the employment of Mr. Wassail, 6, Motcomb Street, Belgrave Square—Fisher was also a porter there—the prisoner offered to sell me a pair of turquoise earrings about July or August last, similar to these produced—he wanted 12s. for them—Fisher was present.
JOHN HARVEY . I live at 39, Rutland Street, Mile End Road—I was formerly watchman to Messrs. King and Co.—I left through illness in 1876—the prisoner was employed there and had been for two years before I left—he left while I was ill—I used: to be there from six at night till about nine in the morning—I used to see to the fires—on two or three occasions I noticed about 8 o'clock in the morning that Mr. King's room door was closed—the porters used to come about 7.30—I have seen them talking together in the morning.
Cross-examined. The door that I found closed was the one that led from the office to Mr. King's room—any one could easily have got out of Mr. King's room into White Lion Court by another door—I made no complaint to Mr. King—I spoke to Fisher and he said it was in order not to let the dust in.
WILLIAM MASON . I have been brought here from Pentonville Prison, where I am undergoing a sentence of 10 years' penal servitude for coining—I shall be 30 years of age on the 25th of February next—I was first convicted when between 16 and 17 years of age, and sentenced to six months' imprisonment—I was since sentenced to seven years, and served every hour—before I was last sentenced I was living at 5. James Street, St. George's Road, Holloway, and before that at 5, John Street—after my last conviction I made a statement and gave it to the Governor, in consequence of which Sergeant Brett came and asked me questions—I know the prisoner—I became acquainted with him at a beershop in Mary Street, Hoxton, which was kept by Thomas Jackson—about April, 1876, the prisoner spoke to me about jewellery, and in consequence of what ho said I met him at the corner of a street where his lodgings were,
and went with him to his lodgings at 43, Nicholas Street, New North Road—the prisoner, in conversation, asked me how much I thought the jewellery which he showed me was worth—I told him about 100l.—each article was wrapped in tissue paper, and as I looked at them one by one he wrapped them up and put them away in a high hat—this was about 6.30 p.m.—the prisoner made an appointment before I left to meet him the next day in Bishopsgate Churchyard, and take the jewellery to a person who would buy it—he did not come—I went to his house to inquire about him—I met him at the corner and asked him why he did not keep his appointment—he said the jewellery was sold for 70l.—after I had been there some time I heard two knocks, and a man the prisoner called Mr. Fish came—that was the first time I saw Fisher—that is the man (pointing to—Fisher)—Fisher brought a brown-paper parcel—the prisoner opened it—it contained a great deal of silver plate and knives and forks and spoons—the prisoner asked me to take them away and try them, and I took them to Mr. Oakley's public-house in Hoxton—I sent Fisher and Draper round to a private door—I went through the bar, and Oakley and I let them in—I had been the day previously to Mr. Oakley—we all went to the concert room—two gold watches were shown to Oakley, but he and the prisoner could not come to terms as to the price—Oakley wished to buy the cases by weight, but Draper and Fisher would not allow the insides to be taken out—they asked 20l. for them—Oakley did not buy them, but they made an agreement that Oakley should give 60s. an ounce for the gold, and 3s. 8d. for the silver—the prisoner then left Fisher and Oakley and me there, and went away and brought back the silver plate and jewellery that I had seen at his lodgings—everything was sold but the watches—part of the money was paid that evening—Draper gave me two sovereigns—on that evening he also gave me two gold watches, an Albert with turquoise pendant, and a pair of earrings with drops set with turquoise, and 13 rings—I took them home—afterwards I sold them to a Hebrew I knew in Houndsditch for 9l.,—and 2s. 6d. for myself—I met Draper and Fisher at Oakley's in the evening, and gave them the 9l.—upon that evening they brought another parcel—it was opened and contained all descriptions of jewellery—there was one gold necklet—there was a coin larger than a sovereign, and they were seeing how many sovereigns this coin would weigh down, that is what made me notice it particularly—it was all sold to Oakley except the silver bracelets, which were given to me to pawn or sell, and get as much as I could for, as I said I could get more than Oakley would give by weight for them—my wife pawned the bracelets the next day, and I pawned the brooch—these (produced) are the two bracelets—I gave them to my wife or my sister, I cannot tell which, as I was tipsy—the brooch was set with the same stone—I took six rings from the prisoner that evening—we were both drunk, and I stole them from him—Fisher had gone home—I sold the rings to the same Jew who bought the watch—these are two of the rings (produced), but I cannot say whether they are part of the 13 which were given to me to sell, or part of the six I stole—a few days afterwards I went to Oakley's again, and saw Draper, and told him I had pawned the bracelet and the brooch—he told me to tear up the tickets—I did so—the prisoner never told me where the things came from, but I believed it was somewhere near Cornhill—Draper told me that Fisher knew where the keys of a strong room were kept, and
that he used to get them and go into the strong room and ransack the boxes and seal them up again, and bring the property away with them—he said there was a lot of Indian bonds, and things that he could get a great deal of money for if he knew where to sell them.
Cross-examined. I only saw Fisher three times connected with, these transactions—I do not know Tommy Farnham, I never heard the name nor Teddy Mosedale—I know Dark Harry—I don't know his name—he lives by coining—I only knew him a few weeks—I met him at the Grapes public-house, Seven Dials, which was kept by a Mr. Willis—I am now in prison for coining; the last conviction, in July, 1865, was for burglary, and the other for entering a dwelling-house and stealing a cash-box——that is as much as is known to the police—I do not remember any other convictions—I had three reasons for giving evidence: I thought it was a public duty; I wished to lead a better life, and the best way was to begin by restitution as far as lay in my power; and I hoped they might abbreviate my sentence, so that I could get back-to my wife and children—I would not take to smashing again—I did not meet Dark Harry, nor Mosedale, nor Oakley, at Jackson's public-house—I have not heard the evidence in this case—I have seen my wife in the presence of the warder for about a quarter of an hour, or whatever is the time allowed—my evidence at the police-court is correct—the Jew referred to was rather florid, like myself, and about 45 or 50 years of age—I have never described him to the police—I have never been asked—I only saw him in the street, never in a house—I sold the gold watches and rings for 9l. 2s. 6d., and, the bracelet and the brooch for 9s. 6d.—Draper told me to keep it—I said at the police-court "I was out one day with the prisoner and Dark Harry, and two other men whom I did not know; we were all together smashing." "We passed about 16 two-shilling pieces that day—we began about 12 o'clock.
Re-examined. I have seen my wife since my conviction only once in Newgate, besides to-day—the gaoler was present and could hear every word—I was a coiner, but I did not have the means, and Draper came to me; he had left King's and gone to another place in Bishopsgate Street, but he said he should not go back any more to work, and. we started the next day together—he bought the battery—I saw Mr. Lewis at the Guildhall after I had given my evidence, and I asked him to speak to Messrs. King about lessening my sentence.
By the COURT. Besides the sentences mentioned in the book, I was once in custody for climbing a pear tree—my mother paid the fine and I was discharged.
MARY ANN MASON . I am the wife of the last witness—my husband gave me these bracelets (produced) to pledge, which I did, at Thompson's, Roman Road, Barnsbury—the duplicate was burnt—I have seen the prisoner Draper at our house, also at Jackson's, at the Crown, Mary Street, Hoxton, and at Oakley's, at the Prince Albert, in Hoxton Square—I took these rings to Beaumont's, in the Holloway Road—I sold this bracelet to my sister—my husband gave it to me—before my husband was arrested the prisoner came to our house, sometimes every day—I saw the prisoner afterwards and noticed that he was clean shaven.
Cross-examined. I knew my husband lived by smashing—I knew he had had seven years, but I did not know his previous history—I cannot remember whether I or my husband burnt the duplicates—I do not
give evidence to get my husband out of prison—I have never been in custody.
Re-examined. I was subpœnaed—I was married in January, 1873—my husband was a mason—I have three children.
WALTER HENRY MOORE . I am assistant to Mr. Thompson, a pawn-broker, of the Roman Road, Barnsbury—these two silver bracelets were pawned at our shop by Mrs. Mason, on 6th January, 1876, for 4s. 6d.—they were redeemed on the 10th of August by Sergeant Brett.
THOMAS FIELD . I am assistant to Mr. Barman, of 193, Holloway Road, pawnbroker—these two rings were pawned with me, one on 9th December, 1876, and the other on 16th July, 1877, by a woman who gave the name of Mason—they were given up to Sergeant Brett.
WILLIAM SAUNDERS . I am manager to Mr. Bawdon, a pawnbroker, of Barnsbury Road—this silver bracelet was pawned with me for 2s. 6d., on 29th September, 1876, in the name of Ann Harris—it was given up to Sergeant Brett on 26th August last.
By MR. COLE. These rings are gold, they are worth about three half-crowns.
JAMES BRETT (City Detective Sergeant). I went to the prison and saw the convict Mason, who made a statement to me, in consequence of which I went to the pawnbrokers who have been called in this case, and redeemed the pledges—I found in each case the articles I was in search of—in consequence of Mr. King's application I inspected the strong room at his premises—I found no marks of violence—I have a warrant out against Oakley—I believe he absconded the moment the prisoner was given into custody.
Cross-examined. I have no warrant against Mosedale nor Farnham—I received information from Messrs. King in November, 1876—I watched the prisoner and others for some time before he left Messrs. King, which was in December, 1876—I have been in the country since the prisoner has been in custody—I received information from the gaol last August; I think about the 15th—I have not had the prisoner under my surveillance the whole of this year, a long way from it.
Re-examined. Inward, an officer, watched the prisoner for me.
WILLIAM INWARD (City Detective). The information as to the robbery at Messrs. King's was communicated to the police in November, 1876—I was instructed to watch the prisoner, and I watched him occasionally to the middle of January—I saw him go to Oakley's on many occasions—I have also seen him with Mosedale, at the Mogul Music Hall, Drury Lane, with a man named Murray—I apprehended the prisoner on 16th October, in Nicholas Street, Hoxton, near his house—I said "Your name is Draper"—he said "It is"—I said I was a detective officer, and that he would be charged with stealing jewellery from Messrs. King's, of Cornhill, his recent employers—the prisoner said "Is Mr. King going to charge me?"—I said "He is"—He said "Do you think if I had stolen that quantity of jewellery I should have to work for 4 1/2 d. an hour?"—Dark Harry was convicted at this Court last Session, and sentenced to 18 months' imprisonment for uttering counterfeit coin.
Cross-examined. I ascertained that the prisoner was working for the General Steam Navigation Company at 4 1/2 d. an hour—I have watched the prisoner—I went into a coffee-house where he was—I also went to Sidcup.
GUILTY .— Five Years' Penal Servitude.
OLD COURT.—Thursday, December 10th, 1877.
Before Mr. Justice Grove.
MR. TAMPLYN conducted the Prosecution; and MR. STRAIGHT the Defence.
ANN TAYLOR . I am a widow and live at 2, Jerusalem Court, Clerkenwell—the prisoner resided there till his apprehension—he came there in April last—he is a widower and had two children, the deceased, aged seven, and a girl about thirteen—the deceased was taken ill three or four weeks before its death—he had a cold and cough—he was confined to his bed the last fortnight, and got very much worse the last week—he would take no food; it was offered to him by the. prisoner, but he seemed quite unable to take it—no medical man was called in until the day of his death; the prisoner then sent me for one—I ought to have fetched him some hours before, but I was not very well—the prisoner knocked at my door about 8 in the morning and wished me to do so, but I did not until half-past—I then fetched Mr. Hunter.
Cross-examined. The prisoner was very fond of the child—he is a cabinet-maker, and went out to work about 8 every morning, after having breakfast with his children—he came back to dinner at 1, then went to work again, and came home about 8—the children were very well fed—they used to come and play with my children during the day, and sometimes brought their food and ate it with them—I have three at home—the prisoner gave the child two doses of castor-oil and a little magnesia and rhubarb—he asked my advice about it—a mustard-poultice was applied to the child twice—he gave it some fried sole, mutton broth, stewed eels, eggs and rice, sherry, and a little weak brandy and water—I told him the best thing was to keep the child up with plenty of food, and he did so—he gave the children too much rather than too little—on the day of its death it had two or three spoonfuls of weak brandy and water and a sponge-cake—he asked me while he was at work to look after the child, and frequently consulted me about it—it seemed to be getting better at one time shortly before its death.
WILLIAM JOHN HOTTER . I am a licentiate of the faculty of physicians and surgeons—on 26th November, about 2 o'clock, I was called to the prisoner's house where I saw Mrs. Taylor, the deceased child, and a little girl—the child was then in a dying state, and it died within a few—, minutes—it was lying on a bed with hardly any clothing on it, simply a sheet and a very thin coverlet, and an old piece of coarse sacking—there was no fire—on a post-mortem examination I found the body very badly nourished and very dirty—the internal organs were generally healthy, except the right lung, that was quite broken up, disorganised, a mass of corruption; the entire lung was in a state of gangrene—there was no trace of fat in the body—the cause of death was exhaustion from the gangrene—the gangrene was caused by inflammation of the lung which had not been attended to—it is impossible to say how long the child had been suffering from gangrene; I should say three or four days possibly;
it might have set in very quickly—I think there is a very strong probability if the inflammation of the lung had been treated the life would have been saved; it is a disease which is amenable to treatment—I should say the child must have suffered very much to have been in the state it was.
Cross-examined. Gangrene is usually very rapid as a rule with children; a good deal would depend upon the weather, and the degree of comfort of the sufferer—a generous diet is a right thing in such a case—the brain was quite healthy.
By the COURT. Pain would diminish as gangrene came on; an ignorant person might think that indicated an improvement.
HENRY FRANKLIN . I am a licentiate of the College of Physicians, and am senior churchwarden of Clerkenwell—I was present with Mr. Hunter at the post-mortem examination—I should say death had been accelerated by improper nourishment and want of food—the whole of the organs were emaciated, the right lung was broken down, the body was emaciated from cough and sputa—I should say the symptoms were such as would decidedly call for medical assistance—I consider that medical assistance would have saved the life.
Cross-examined. By "improper nourishment" I mean not sufficient nourishment, not administered in a proper way under judicious advice—gangrene involves loss of appetite, languor, and inability to move—it is very rapid in its effects.
NOT GUILTY .
MR. RIBTON conducted the Prosecution.
GUILTY of the attempt—Two Years' Imprisonment.
NEW COURT.—Thursday, December 13th, 1877.
Before Mr. Justice Manisty.
105. JAMES ANDERSON (19), JOSEPH McGRATH (23), and WILLIAM NEWBURY (21) , Unlawfully wounding Ahmed Ibu Ilakhdar and Ali Ibu Ibraham, and inflicting upon them actual bodily harm. Other counts for assaults.
MR. POLAND and MR. STRAIGHT conducted the Prosecution; and MR. MONTAGU WILLIAMS defended Anderson.
SAID IBU ALI (interpreted). I am a farmer, and am a native of Tunis—I had been to America—I came here in a steamer called the Greece—I arrived in London on Saturday, 22nd September—three other men from Tunis came with me: Ahmed Ibu Ilakhdar, Ali Ibu Ibraham, and Boomed Dein Ibu Ilakhdar—we went to the Strangers' Home, Limehouse Road—I was there on Monday, 24th—on that evening I and the other three men went out for a walk, between 7 and 8 o'clock—we were all sober—we went in hats, not in our fez—after we walked a short distance, about a minute and a half, some persons came and asked for some money, and began to look into our pockets, and then we were beaten, and some of us were struck by a staff—I saw Anderson strike Ahmed with his fist—
I only saw him strike with his fists—there were seven people on the spot and one of them had a knife open in his hand—I saw another man with a stick—I saw all my companions struck to the ground; none of them had a knife—I ran away—when I got to the Home I saw my companions come home, and I took Boomed inside the Home.
Cross-examined by MR. WILLIAMS. Anderson struck with his fist, but Ahmed did not fall—Anderson had nothing in his hand; it was another man who had the stick and another man the knife—outside the house there were many people.
AHMED IBU ILAKHDAR (interpreted). I am a native of Tunis—I came to England once before this—on the night of September 1st I went out for a walk with my three companions—we were met by seven men—they asked us for money and we were obliged to get away from them, but they followed us—McGrath hit me with his fist three times, and then Anderson hit me—McGrath struck me on my cheek and forehead—there were seven men, but I can only tell two of them, as it was dark—my face was swollen, and I had to go to the hospital—I was wounded in three parts; here are the signs of it—McGrath caused those cuts—I can't exactly tell how, but I found blood going out from my cheek—I only recollect Anderson and McGrath—I went into a shop; I don't know the name of it—McGrath followed me in there, but I was quite safe in the shop—these injuries were inflicted after I left the shop—I left it because I thought I could escape—I did not see anything done to Ali or Boomed—I saw Boomed on the ground when I came out of the shop—I left him there, and went back to the Strangers' Home—I had no knife that night, nor had any of my companions.
Cross-examined by MR. WILLIAMS. Anderson struck me with his fist—there were seven in the beginning,. and many people followed us; and we were obliged to protect ourselves by going to the Strangers' Home.
Cross-examined by McGrath. You struck me three times when you were going away—you followed me nearly to the Home.
ALI IBU IBRAHAM (interpreted). I am a native of Tunis—I and my three companions were out for a walk on this Monday—after we left the Strangers' Home about seven persons came and said "Money, money"—McGrath put his hands in my pockets, and while he was searching I had a blow from a knife on my shoulder, which inflicted a wound, and the blood went out—I can't tell who struck the blow; there were many men, assembled—when McGrath put his hand in my pocket he kicked me, but he could not find any money—I ran away immediately to the Home—I was about 400 yards from the Home—I had no knife; if I had I would have struck him—I did not see any of my companions with a knife.
Cross-examined by McGrath. You searched me, and then another man struck me—you first commenced on me.
BOOMED DEIN IBU ILAKHDAR (interpreted). I am a native of Tunis—on 24th September I went out for a walk with my companions—about 7.30 p.m. we were attacked by seven men—first they came and asked for money, saying "We want money, money"—I was struck with their fists three or four times, and then with the knife in my breast and shoulder—I can't tell who struck me; I was also struck on the forehead with a fist, and I fell immediately—I don't know any more—I was like dead—there was a deal of blood—I was on the ground from the severe pain—there were many people round—when I came to I found myself in the hospital
—I had no knife, if I had I should have killed him—I did not see any of my companions with a knife—I can't recollect any of the prisoners.
THOMAS LEGG . I live with my father at 38, West India Dock Road, and assist him in his shop—Gun Lane is close to us, and is only half a minute's walk from the Strangers' Home—on 24th September, about 8.30, I saw a crowd in Gun Lane, and at the door of a beershop there I saw Ahmed with his hand bleeding—a young chap from the street got hold of his arm and pulled him out—I cannot say whether that was one of the prisoners, but I saw Newbury go inside the beershop door and talk to the Arab just before the little chop pulled him out—Newbury then went from the beershop into the West India Dock Road, where he addressed the Arab, and I think he tried to speak in his language, as he said something which I could not understand—Newbury and others then kicked the Arab, and hit him—I am certain Newbury was one of them, but I did not see the other prisoners—I saw the Arab bent down, and Newbury kicked him on the breast and head—I saw no knife in the Arab's hand—I saw the Arab run home—I then saw two more Arabs turn to run home, and when they started to run the prisoners chased them, and one of them was knocked down, by Newbury, I think, or a man with him—I saw Newbury run after them—I did not see McGrath there—Newbury followed them to the Home, and when they got in he said "Who will come up the steps with me?"—he also said "Who has got a knife to lend me?"—he then asked a Dutchman for a knife.
RICHARD LEGG . I am the father of the last witness—I was standing by the beershop door, and saw two Arabs, Ahmed and Said, walking down the street—the throe prisoners, and I think one other, went up to them, and said "Have you got any money or any tobacco?" holding up a pipe—the Arabs laughed at first, and then the prisoners rubbed them down a bit—I do not know whether they were feeling their pockets—I called out "Young men, leave the men alone; if they had been Spaniards instead of Arabs you would not have lived on the pavement, and I tell you so"—I said that because I knew what sort of people they were—McGrath stood in the road, 10 or 12 feet off, and said "Look here, Mr. Legg, he has pulled out a knife," pointing to one of the Arabs—I said "Let him alone, you go your way, and let them go theirs"—a little man, not one of the prisoners, said "We shan't hurt them, Mr. Legg, we are only hardworking men"—there was only five or ten minutes' interval from the time I first saw them come down the street till I last saw them—the distance is not above 20 feet—the whole thing I saw took place in a moment—I did not see any of the Arabs draw a knife.
Cross-examined by MR. WILLIAMS. I saw all the three prisoners there, "but I only knew McGrath—I did not see Anderson do anything.
Cross-examined by McGrath. A man named Payne was talking to me.
Re-examined. When I said "They rubbed them down," I spoke of five or six men who came up.
DAVID AUSTIN . I am a fitter, and live at 11, Gaverick Street, Millwall—on Monday evening, 24th September, I was in a beershop at the corner of Gun Lane, heard a noise, came out, and saw Anderson and Newbury among these poor foreigners—about 20 people were there—I only saw two foreigners—Ahmed was standing close to the door, and I saw some man strike him on the head with a belt once—I laid hold of him, and was.
in the act of pulling him away when Anderson gave him a blow with his fist on his right eye, and had I not had hold of him he must have fallen.—Newbury followed him in, and spoke to him for a few minutes in a language I did not understand, and then the poor fellow was dragged out of the house again by Newbury and McGrath—I went to the door, and saw Newbury kick him on the lower part of the stomach—he ran, and before he readied the road he fell, and they kept on repeatedly kicking and punching him—as they lugged him out Newbury said "You black son of a bitch, I'll knife you," but I did not see what happened—the Arab had a round hat on, and as I took it from him he was completely smothered in blood.
Cross-examined by MR. WILLIAMS. All I saw Anderson do was to strike one blow with his fist.
Cross-examined by McGrath. I swear that you assisted Newbury in pulling the Arab out—I picked out all three of you.
Cross-examined by Newbury. I picked you out either first or second—you and McGrath and a third man dragged the Arab out of the beershop. Q. If I had taken off my belt would not my trousers have come over my knees?—A. As you came into the beershop you were in the act of buttoning up your trousers with your belt—you said that you would knife the Arab, but I did not see a knife in the possession of any of you.
JOHN FREEMAN . I am Superintendent of the Strangers' Home, East India Road—on September 22nd the four Mahomedan witnesses came there and remained till the Monday evening, when they went out about 7.30—they were quite sober—they had not been out many minutes when I heard a noise in the street—I went up and the hall-porter told me something—I went to the door and saw a great crowd and the four Arabs in it—one or two of them were coming up the steps into the hall, and the others were a little way behind them, wedged in the crowd—we got the four Arabs in as quickly as possible and shut the door—three of them were injured—I opened the door and admitted McGrath and half a dozen others to learn what I could—the street was then full—I asked McGrath if he knew anything of the riot—he said "They drew knives to us, and I was obliged to use this in my own defence," taking his waist belt in his hand and giving it to me—it has a buckle on it—they all went out and I examined the Arabs—three of them were wounded—I searched them, but none of them had a knife—they never have—they were quite sober—the three were taken to the hospital that night—I do not recognise the other two prisoners.
Cross-examined by McGrath. I knew you in the employ of a van proprietor who I have hired to fetch people with luggage—I never knew any wrong of you—you told me that one of the men sang out "He has a knife," and that you used your belt in self-defence.
By the Jury. We always make men take off their knives, but if they go to work on board ship they want them—I searched the Arabs myself before they left the Home, and they had no knives—and I inquired on board the steamer Greece, and was told they had none.
DANIEL TURNER (Policeman K 659). I took Anderson on the night of 25th September at his house, 59, Gaverick Street, which is 10 minutes walk from the Home, and charged him with being concerned in stabbing and beating some Arabs—I cautioned him in the usual way—he said "I was there and know all about it, but know nothing of the use of the
knife, you have got the two worst," and he either said that McGrath used the belt or bad the belt in his hand—he also said "This is what bad company has brought me to"—at that time McGrath and Newbury were in custody and on remand.
Cross-examined by MR. WILLIAMS. I said before the Magistrate on cross-examination "Anderson said 'I had nothing to do with it'"—I told Anderson that he was charged with cutting and wounding previous to his making that statement.
THOS. BERTOLLI (Policeman K 38). I have known Newbury some time—he is not really deaf; he could hear very well at the police-station, and nothing had to be repeated to him at the police-court—on 24th September, about 8 o'clock, McGrath came to me, and said "Sergeant, there has been a stabbing case down at the Strangers' Home, and they say I have got something to do with it; I struck one of them with my belt"—I said "What did you want to strike them for?"—he said "I thought they were going to stab me, one of my mates said 'Look out, Jack, he has got a knife,' and I struck one of them in self-defence"—he took off his belt, twisted it round his hand, and showed me how he used it—what I call a belt is a strap which he uses instead of braces—I took him to the Home, where the three Arabs were, who made me understand by gestures that he was one of their assailants, and McGrath went upon his knees, in an attitude of prayer, and said "So help me God I know nothing about it"—I took off his belt and examined it—there were no blood-marks on it—he made a variety of rambling incoherent statements to the effect that he knew nothing of it, and used the belt in self-defence.
Cross-examined by McGrath. I took your belt away in the Home the same night, and not at the station—you went into the Home with me.
Newbury. I have been deaf eight or nine years through swimming, and my mother or anybody in the neighbourhood will tell you the same.
THOMAS PARK (Policeman 42 T R). On the night of the 24th September I took Newbury in custody shortly after 12 o'clock in Jamaica Place, Limehouse—I said "Is your name Newbury?"—he said "No; my name is Sullivan"—I said "I shall take you for being concerned with other men in stabbing some Arabs in West India Road"—he said "God blind me; you have made a bleeding mistake"—I told him I had not—he threw himself down, but with another constable's assistance I got him to the station, where young Mr. Legg identified him—I went to search him, and finding he kept his hand in his pocket I drew it out, and found that his knuckles were bruised and his hand marked with dry blood—I asked him if he could account for it—he said he had done it with a chopper while at work—I asked him to give me his proper name and address—he refused—I asked him where he lived—he said "That is best known to me"—I have known him by the name of Newbury for years—he is not deaf—he answered me straight enough—the bruise on his hand was recent, as if it had caught some one on a bone or on the teeth.
RACHEL JAMES (a black woman). I live at 7, Union Court, Limehouse—the house is kept by Newbury's mother—I do washing—Newbury lives with his mother—I was at home on the night of 24th September when he was taken in custody—f had hoard him tell his mother that he had knifed the black b——I was not in the room at the time; I was in
the passage—his mother called him a vagabond for using those words—, I have not had any quarrel with Newbury.
Cross-examined by Newbury. You used those words at 8.30, when your mother was cutting your bread-and-butter.
By the JURY. He is not deaf that I know of.
WILLIAM LEWIS HUGHES . I am surgeon to the Poplar Hospital—on. 24th September the three Arabs were brought in—Ahmed had three wounds, one on the right side of his head, another over his cheek-bone, both incised, and a contused wound on his forehead—the incised wounds might have been inflicted with a knife but not with the buckle of a belt—they were about half an inch long and from a quarter to half an inch deep—the contused wound may have been inflicted with the buckle of a belt—he remained in the hospital nine days, and is not well yet—Ali had a punctured wound on his back, over the left blade-bone, but it did not enter his chest—it was half an inch deep, and half or three-quarters of an inch long—he was in the hospital eighteen days, but is quite well now—Boomed had a wound over his left shoulder-blade and another on the right side of his chest between his shoulder-blade and his spine, passing upwards, backwards, and inwards, and entering the pleural cavity between the seventh and eighth ribs—both the wounds were from behind—they might have been inflicted with an ordinary knife, and one of them was very dangerous—he remained in the hospital till 1st December—he was nearly dead when he was admitted—he has quite recovered now—the wounds were stabs with a sharp cutting instrument, such as a knife.
McGrath. I assure you that belt did not produce the wound, because it was not used.
MR. WILLIAMS here stated that he could not resist a verdict of Guilty of a common assault against Anderson. ANDERSON— GUILTY of a common assault. He received a good character— Three Months' Imprisonment (having been in custody three months already ).
McGrath's Defence. I can only call upon Mr. Legg, who I was talking to, to say that I had nothing to do with it—the man came up to me and almost threatened my life, and thinking he was going to do me some harm I took up my belt in self-defence—I have always borne a high character, and have been in two respectable firms.
Newbury's Defence. I had nothing to do with the row whatever—I have my mother here to prove that it is false that I used those words to her.
McGrath received a good character. Newbury called
SARAH ANN NEWBURY . My son came in and told me he was hungry, and I cut him some bread-and-butter—I said that it was time to go to bed, and he said "I am going out for ten minutes"—he went out, and I never saw him any more till he was in the station-house—Rachel James stood in the passage all the time, and four weeks afterwards she said "Do you remember Bill coming in the night of the row?"—I said "Yes"—she said "The policeman asked me if he did not say to his mother that he stabbed some black man," and she said "Yes, I cannot help it
now"—I said "I have no recollection of it"—she said "I never heard him say so"—I told the policeman next morning what Rachel told me.
By the COURT. My son did not make use of such a—word to me, and if she heard him it is more than I did—my son has been deaf from a child—he has had his ears painted, and I have taken him to the London Hospital, but they cannot cure him—I took him there last when he was a child, five or six years ago, but he has been there by himself since that—he thinks his deafness is from going into the water when he was a child.
McGRATH* and NEWBURY*— GUILTY of unlawfully wounding. McGRATH— Twelve Months' Imprisonment. NEWBURY— Eighteen Months' Imprisonment.
FOURTH COURT.—Thursday, December 13th, 1877.
MR. THORNE COLE and MR. DOUGLAS METCALFE conducted the Prosecution.
CLAUDE SHERRER (interpreted). I am a packer, of 19, Rue Lyonnaise, Paris—I was engaged to pack goods for G. Brown and Co.—on the 9th November I packed three cases marked "D. E. C," and numbered 6006 to 6008—in 6006 I packed 12 pieces of silk, 2 parcels, and a paper box—there was a partition in the box because of the cartoon box—the three cases were nailed and corded, and directed to David Evans and Co.—they were then. delivered to the carriers in a safe condition—the weight was 91 kilogrammes—I produce the carriers receipt.
WILLIAM SEARLE . I am a delivery foreman to the London, Brighton, and South Coast Railway—on 13th November, between 9 and 10, I delivered to the prisoner 16 packages of goods—I noticed the cases marked "D. E. C.," and numbered 6006 to 6008—they passed through my hands—I sent them to the prisoner—I did not notice the weight—they appeared to be in good condition.
JAMES SAVERS . I am the prosecutor's van-boy—the prisoner drives the van—on November 13th I met him at the Willow Walk station of the Brighton Railway at a quarter to 9—I put some parcels in the van and we drove off—outside the station we met two men at a beershop—we stayed about five minutes—we then went to Guy Street, and went to another beerhouse and stayed a quarter of an hour—we then went to the railway-station at London Bridge, and took up some parcels and drove to the office in Watling Street, and took up some parcels and went to deliver first to Aberdeen office, in Victoria Street, then to Hershell's at Ludgate Hill, then to Wood Street, which we reached about 12 o'clock, and delivered some milk, and then the prisoner told me to take some parcels to Love Lane, and he went away with a parcel, leaving me with the horse and van—we were about 100 yards from Evans and Co.'s—I took the parcels to Love Lane with the van—the prisoner came back in about five minutes, and we delivered goods to Messrs. Chandlers—the prisoner sent me to Staining Lane with a box—tin's was about a quarter past 12—he then sent me to Aldermanbury with another parcel for Messrs. Herman's, and told me to meet him at Fountain Court, Cheapside—I went to Fountain Court—he was not there—it was about a quarter to 2—I waited till a quarter to 3—I went to David Evans's—the prisoner was there with the
van—I noticed the horse was in a sweat—it was not in a sweat when I left it—the prisoner said he had rung the bell and could make nobody hear—he asked me to give him a hand with the boxes at Messrs. Evans's—I handed him the case down from the van—he said "Jump down and give us a hand with these; here's two heavy ones and one light one"—two were corded, the light one was not—I turned them over to the prisoner—he took them to the hole and let them down.
Cross-examined by the Prisoner. I cannot give you the time when we called at the houses—I did not notice the cases to see if they were broken.
EDWARD WOOD . I am a foreman carman to the prosecutors—on the 13th November, about 11 a.m., I saw the prisoner at Willow Walk with his van—I afterwards saw his van in Guy Street, which was away from. his regular round—I looked in and saw the prisoner—I made a communication at the office—I afterwards saw the prisoner at the office—I also saw two men in Watling Street, one of them I had seen in the beershop—that was about 11.30—I passed through Wood Street about 12.30—I noticed the prisoner's van in the bend of Love Lane, and I saw the two men I had seen in Watling Street going towards Aldennanbury—I made a second communication to my employers that day.
Cross-examined. I said at Willow Walk "If I'm not back you can load my ran up"—I never knew you go Guy Street way before—it was not necessary for you to go up Duke Street Hill—I had suspicions, and I reported at the office.
GEORGE WILD . I am invoice clerk for Messrs. Evans and Co., of Wood Street—on the 13th November the prisoner delivered three cases, at about 2.50—I took them in—they were marked D. E. C, and numbered 6006 to 6008—no one opened them before Mr. Higgins saw them.
Cross-examined. You moved each case separately—I did not notice that they were broken.
JAMES HIGGINS . I am warehouseman to Messrs. Evans, silk merchants in the City—I saw the three cases about half an hour after they were delivered, about 3 p.m.—I noticed that the cord was not on 6006, and on lifting it found it was nearly empty—I called Farmer's attention to it—the case was opened and 12 pieces of silk were missing, which would weigh about 901bs.—the other cases were in good condition—I found the case had been opened from the bottom, and the marks of an instrument were on it—the value of the silk was 148l. 6s. 10d.
Cross-examined. Other people might have passed the boxes, but they could not have opened them, as others were about.
WILLIAM SIMPSON . I am a warehouseman for Messrs. Evans and Co.—I remember cases being delivered on the 13th November—I was in the basement and heard the boxes placed there—Mr. Farmer was also in the basement—I heard Mr. Higgins opening the case and call for Farmer.
FREDERICK FARMER . I am a warehouseman at Messrs. Evans and Co.'s—I was on the right of the dock or window when the prisoner put the cases down—it was impossible for any one to have opened those cases without my perceiving it—I was present when Mr. Higgins opened the case—the side opposite the D. E. C. had been broken open in a rough. manner, and some silk was missing.
1.45, I was in the warehouse—I answered the bell twice, but not to the prisoner.
GEORGE TUFFNELL . I am employed by Messrs. Evans and Co.—on 13th November I was on the premises from a quarter to 2 till the place closed—I relieved the last witness—the prisoner did not call while I was there that day.
AUGUSTS DONAULT . I am manager to the prosecutor—on 13th. November the prisoner left our premises with a van—it was his duty to go to Willow Walk and take in goods—some were to be delivered at Messrs. Evans's—he should have returned at 1.30—he did not return till after 3.30—I asked him why he was late—he said he had been detained, but he did not tell me where—my foreman Wood made a communication to me about 12.30 that day—I searched the van in the evening, and found a piece of wood—I showed it to some men—I did not take it to the case.
DANIEL HALSE (City Detective). I took the prisoner into custody on 13th November—I told him he was charged with stealing 12 pieces of silk between Willow Walk and Wood Street—he said "I don't know anything about it."
NOT GUILTY .
107. STANISLAS TCHORZEWSKI (52) , Unlawfully conspiring with Martin Pfeiffer and others [White, Mayor, see page 534] to obtain from Wilhelm Bergmann divers moneys, his property, with intent to cheat and defraud.
MR. BESLEY conducted the Prosecution; MR. HORACE AVORY the Defence.
WILHELM BERGMANN (interpreted). I am a native of Sosnorrece in Poland—I came to England twice in 1877—I do not understand English—I corresponded with Martin Pfeiffer, and in consequence of that correspondence I came to London on 8th August, which was my second visit—I put up at the Hotel Cozier, 28, Broad Street, Bloomsbury—I telegraphed to Pfeiffer, who came to the hotel that night—we talked about a purchase of some chamois skins—Pfeiffer promised to come the nest day at noon to go with me and see some skins—he said "To-morrow we shall go to the merchant of skins and we shall see the skins"—Pfeiffer came the next day at noon, and I went with him to 43, Clifton Crescent, Peckham, where Pfeiffer and his wife lived—Pfeiffer was in bed—I waited two hours, when the prisoner came—a conversation took place in English about buying some skins, and Pfeiffer translated the conversation between himself and the merchant into English—Pfeiffer told me the prisoner was an Englishman—a sample skin was shown to me—170 dozen skins were for sale—the price was discussed—the prisoner was there two hours—I paid 2,200 Prussian marks, 1,000 francs in French gold—an agreement was then made, and an appointment made to see the skins the next day—I paid the money to Pfeiffer, and he gave me a receipt. (The translation of the receipt was "This is to show that the undersigned received from Mr. William Bergman cash 2,200 marks Prussian money and 1,000 francs French gold, for 170 dozen skins; and if I shall not like the goods of the same kind, in that case the money paid I undertake to return to Mr. Bergman at once. 10th August, 1877. Martin Pfeiffer.") The date is a mistake, the money was paid on the 9th—we went for a stroll and got to Charing Cross station, and the receipt was written and signed there—the prisoner said it was too late to see the skins that day, and we were to go the next
day—Pfeiffer came alone the next day and made a statement—he stayed two hours—Pieiffer came on the 11th to my hotel—I did not see the merchant that day—on the Sunday Pfeiffer took me to the Grand Coffee Palace in Ludgate Hill, but it was shut up—Pfeiffer came on the Monday, and said he could not find the merchant, and that very likely he had left London—I concealed myself till the 19th, to get an interpreter, and on that day I went to Nottingham and returned on the 21st—I went that evening to the Cafe Monico in Piccadilly—I saw the prisoner there, and pointed him out to Mr. Woolf and to Von Hand, the landlord of the hotel where I was staying—I tried to speak to the prisoner—he ran out of the house—I had not seen the prisoner till then since I saw him at Peckham, and I have not seen him since then till to-day—I have never received back any of my money—I was never shown any more skins.
Cross-examined. I arrived at Clifton Crescent about 12—the merchant left about 4, and myself at 5—I said at the trial of Pfeiffer that the would-be merchant stayed about an hour and a half, and that I was with Pfeiffer about a couple of hours longer—that is correct, or an hour and a half; I cannot say exactly—I had never seen the prisoner before—Von Hand has left London about two months—I could not find him—he was a witness at Pfeiffer's trial—Von Hand told me he knew the prisoner, and would assist me to find him—I do not remember if I said upon Pfeiffer's trial that the prisoner left the Cafe Monico when he saw me—I applied for a warrant against Pfeiffer "and a person unknown"—I stayed at 23, Broad Street, also in Portland Street at the Portland Hotel, in the name of Ludovic Furdner —my right name is Wilhelm Bergmann—I went back to Poland the second day after Pfeiffer's trial—was not thrown into prison.
Re-examined. When I got back to Poland a false accusation was made against me, and I was not allowed to have a passport to London till after a searching inquiry was made in my house by the authorities—I do not know who accused me—Von Hand stated at Pfeiffer's trial that he knew Stanislas was an interpreter and a Pole.
WILLIAM WOOLF . I am a Pole, and live in Nottingham—I am not in business now—I knew Mr. Bergmann in Poland—I saw him on 19th. August in Nottingham—on 21st August I went with him and Von Hand to the Cafe Monico in London, where Mr. Bergmann pointed out the prisoner, who went out in a few minutes, and we stayed and had some chocolate—I was not asked this at Pfeiffer's trial—I believe I was asked at the Lambeth police-court.
Cross-examined. I said at Lambeth "He pointed out the prisoner to me, and in consequence of that I know him."
HERMAN LUDIKI . I am an hotel-proprietor in Jermyn Street—I know Mr. Bergmann, the prosecutor in this case—I saw him at the Lambeth police-court on the 31st of August—he was prosecutor against Pfeiffer—I believe the prisoner is a Pole—I am not a Pole—I do not Speak Polish—I believe he is a tanner—I have not been, told ever that the prisoner was speaking Polish.
Cross-examined. I think I know the difference between Russian and Polish.
a man named Bergmann—he said "All right, I will go with you, I will prove my innocence"—I took him to the station—Pfeiffer was convicted at this Court—I believe the prisoner is an interpreter in German and Polish.
WILLIAM BERGMANN (Re-examined). The conversation was that there were 170 dozen skins to be sold at 18s. a dozen by the prisoner, who was represented as the merchant in his presence—Pfeiffer said the next day that something had happened to the merchant that ho did not come to Bergmann's hotel—I asked for the name and address—Pfeiffer told me the merchant was a Frenchman, and they would meet me at the Cafe de Paris in Ludgate Hill—the prisoner produced the skin.
Cross-examined. The merchant only spoke English—I received a notice from the Polish Consul that the prisoner would surrender to take his trial—there is my signature when I received it.
Re-examined. The notice is dated the 22nd November.
CHARLES STEPHENS (Re-examined). When I said "I believe your name is Stanislas" the prisoner gave me his full name—I read the warrant to him—I had Seen seeking for the prisoner since Pfeiffer was under remand—I attended Pfeiffer's trial—Messrs. Bordman defended him—they defend the prisoner.
Witnesses for the Defence.
LEONARD BEARMAN . I am a representative of a Paris house, and live at 3, Nassau Street now, but before at 38, Gerrard Street—on the 9th August last I came from the City about 1 p.m.—the prisoner was walking up and down before ray house—at his request I went to the Patent Office, 5, Southampton Buildings, with him and a Spanish captain—we returned about 3.15.
Cross-examined. I am a German—I have known the prisoner a year and a half from seeing him at the Hotel do Versailles, which is kept by Ludiki—the prisoner was interpreter there—the hotel is No. 37—he used to attend at Charing Cross to meet foreigners—I saw the account of Pfeiffer's trial in the papers—I saw the prisoner nearly every day—I cannot say when I lost sight of him—Stanislas came and asked me if I remembered the Spanish captain—I don't know when I was asked to give evidence by the solicitor's clerk.
Re-examined. I swore this affidavit on 1st November with others.
MARY BEARMAN . I am the wife of the last witness, and live at 38, Gerrard Street—I moved in on 19th July—the prisoner came in July about 11.30, and asked for my husband—I told him he would not be in till one—he waited for him and my husband went to the Patent Office with a Spanish captain—the prisoner went away five minutes afterwards.
Cross-examined. I am a German—I know Mrs. Pfeiffer by seeing her in Court for the first time—I cannot say when I was asked to come as a witness—the prisoner had no apron on when ho walked up and down, and no hat.
Re-examined. I signed this affidavit on 1st November.
Cross-examined. I was subpœnaed at home by the solicitor—my house
is five minutes' walk from the Hotel de Versailles—the prisoner is an interpreter, and attends at the railway-stations, and goes about with travellers—he has stayed with me about seven years as a lodger.
Re-examined. I signed this affidavit.
By the COURT. I recollect the 9th of August because my husband had gone to Brighton, and had written to me on that day—the prisoner said "How is Mr. Bennett?"—I said "I have just received a letter rom him"—the prisoner has been away for two or three weeks—I cannot say if it was about the 9th August—I do not recollect anything about the 21st August—I have no book to refresh my memory—I got my rent for while the prisoner was away when he came back.
EMMA DEWHURST . I am a laundress, and lived at 3, Upper Rupert Street, Soho—I washed the prisoner's linen—he brought it—on 9th August he came to me from 2.15 to 2.30, and brought a bundle of linen—I remember it because it was my child's birthday—she was 13.
Cross-examined. The birthday was the day before—I cannot recollect what washing the prisoner brought afterwards—I have lived for the last 12 weeks at 26, Oxenden Street—I cannot swear there was not a period of six weeks when the prisoner did not bring any washing—I believed he was an interpreter at the Hotel de Versailles.
Re-examined. I had the prisoner's washing two weeks after August 9.
ALICE FERRIS . I am an assistant to the last witness—I saw the prisoner at the laundry on Thursday, the 9th August—he brought a small bundle of washing—I did not see him there again—I moved with Mrs. Dewhurst about 11 weeks ago.
Cross-examined. The prisoner asked me to give evidence—I cannot say when.
HORATIO BENNETT . I am the husband of Jane Bennett, and live at 26, Lisle Street, Leicester Square—the prisoner lodged with me—he-had furnished apartments previously, but for the last seven years he has lived in an unfurnished room with his own furniture—he has always been a respectable man.
Cross-examined. My wife attends to the foreign lodgers—the prisoner paid 5s. 5d. a week—he has been away—I cannot say if he was away the whole of October or September—I was away two weeks in September, and a week in August, and on the Bank Holiday and Tuesday—I was only asked to be a witness to character—I only knew Pfeiffer by his coining once or twice to see the prisoner—I did not see a chamois skin—I cannot swear whether I saw the prisoner within three or four days of Pfeiffer's conviction.
Re-examined. I wrote to my wife from Brighton on the Wednesday—I write to her not once a year sometimes.
GUILTY — Twelve Months' Imprisonment.
MR. DOUGLAS conducted the Prosecution.
THOMAS WILLIAM KNOTT (Policeman E 236). I was on duty about 4 a.m. on the 23rd November in Drury Lane near White Horse Yard—I saw two men come out of No. 6, White Horse Yard—the prisoner is one—I went down the yard—they ran away—the prisoner dropped a pillow—
I captured him in Clare Court—he resisted, then stood still, then resisted again—a postman coming by sent two constables to my assistance, and they took him—I found a quantity of property in the passage, which I took to the station—I came back and made a further examination and found the shutters had been taken down—I woke up the landlady—she identified the property as hers—she lives in the house.
Cross-examined by the Prisoner. I saw you drop the pillow—I picked it up—I followed you about 150 yards.
By the COURT. I did not lose sight of the prisoner.
MARY STRETTON . I live at 22, White Horse Yard, and am a widow—I have a shop at No. 5—I shut it up safely at 11 o'clock on Thursday night—I was aroused by the policeman at 4 a.m.—I saw that the shutters were down—I went to the station and saw my things, to the value of about 5s.—two pillows, some stays, and some stockings.
MARY ANN GRADY . I live at 5, White Horse Yard, and am a widow—the last witness occupies a room there—she is Mr. Smith's tenant—there is a side door from, the shop, but it has been fastened up for years.
The Prisoner's Statement before the Magistrate. If I had had any intentions of doing such a thing, I should have gone to a much higher place, where I could have better things, as I knew they were poor people.
GUILTY — Twelve Months' Imprisonment.
MR. GRIFFITHS conducted the Prosecution.
WILLIAM THICK . I am a constable—on the 23rd November I met the prisoner in Spitalfields—he asked me if I had heard anything about some spruce being stolen—I said "Yes, we have a small keg at Commercial Street station, supposed to be stolen"—he said "I am the man that stole it; I stole it on Monday last from off the Fresh Wharf, Lower 'Thames Street, and brought it home to Mrs. Smith's lodging-house; a woman there said she would round on me, and I had to leave it, and I wish you to take me into custody and get me ten years if you can, for I am better off in prison than I am out"—I received from the prisoner's landlord the keg of spruce.
JAMES SMITH . I am a lodging-house keeper at 204, Brick Lane, Spitalfields—the prisoner lodged there on 18th Nov.—I saw a keg of spruce concealed in my kitchen—a woman said something to me—I gave it up to the police—I did not see the keg brought in—the prisoner occupied a bed.
Cross-examined by the Prisoner. You have lodged with me several weeks—I know nothing against you.
Defence. I can prove I am innocent—I have no witness here—what the constable says is false—I have been working in the London Dock—if I was guilty of stealing it is unreasonable to say I should tell a constable.
GUILTY .** He also PLEADED GUILTY to having been convicted at the Middlesex Sessions in April, 1876— Seven Years' Penal Servitude.
OLD COURT.—Friday, December 14, 1877.
Before Mr. Common Serjeant.
110. JACQUES ARNOUX (48) , Unlawfully removing goods within four months of his bankruptcy, with intent to defraud his creditors Other Counts—For nondisclosure, for conspiracy, and varying the form of charge.
MR. GORST, Q. C., with MESSES. BESLEY and TICKELL, conducted the Prosecution. and MR. A. A. SULLIVAN, with MR. BARRY O'BRIEN, the Defence.
MR. SULLIVAN (after the opening) submitted that as some of the Counts referred on transactions in the years 1875 and 1876, those Counts should be abandoned, inasmuch as the charge proceeded upon the allegation of fraud within four months of bankruptcy; and that the words "his property" must be held to refer to property which the defendant had in his possession within thai period, and not to property which he possessed anterior to that time. The COMMON Serjeant, however, without hearing the other side, overruled the objection, the subsection of the Act obviously referring not only to property in the actual possession of the bankrupt, but to property which ha had parted with, and as to that, fixing no limit of time.
HENRY ALFRED STACEY . I am superintending clerk of records of the London Bankruptcy Court—I produce the file of proceedings in the bankruptcy of Jacques Arnoux, tailor, of 229, Regent Street—the petition is signed 12th March, 1877, the adjudication on 9th April, and the appointment of Mr. J. Coleman as trustee on 30th April—the statement of affairs was filed on that day—the proceedings include transactions of the shorthand writers' notes of two examinations of the bankrupt, on 15th November and 29th June, 1877—there is also an order to prosecute, by Mr. Registrar Hazlitt, dated 26th October, 1877, that appears to have been made on the report of the trustee and the opinion of Mr. Besley.
CHARLES LEGGATE BARBER . I am one of the official shorthand writers of the London Court of Bankruptcy—on 15th June I was appointed by the Court to take notes of the defendant's examination, an examined transcript of which forms part of the file of proceedings—it is a correct transcript of my notes.
WILLIAM HAWKES RUST . I am assistant to the last witness—on 29th June I took notes of the defendant's examination at the Bankruptcy Court—the transcript on the file is a true transcript of my notes. (These were afterwards put in and read in part.)
HENRY FREDERICK BUTLER AKSELL . I am clerk in the employ of Messrs. Waddell and Co.—Mr. Waddell was appointed receiver in this bankruptcy on 12th March, and possession was taken by him of all the bankrupt's books and stock in trade: amongt them was this pass-book of the Union Bank of London, Argyle Place branch—it shows transactions from June 9th, 1874, down to. the time of the bankruptcy—I also found this bundle of cheques corresponding with the entries in the pass-book—all of them have passed through the bank—I find from the pass-book that on 1st January, 1875, he had 2,279l. 12s. 4d. at the bank—on 25th. February, 1875, there is a cheque for 300l. payable to "Self"—on 1st June, 1875, a cheque for 500l. to "Self"—on 22nd October, 1875, a cheque for 500l. to Self—on 29th August, 1876, a cheque for 200l.—on 6th February, 1877, a cheque for 150l. to Self—on 26th February one for 37.5l. 11s. 2d. for the balance, which by an error overdrew the account
10s.—from 1st January, 1876, to 27th February, 1877, the drawings to Self amount to 735l. 4s.; that would average about 10l. a week—I pro-duce all the books I found—I searched through them all, and examined them carefully—I found no entry of the application of the cheques I have mentioned—the 500l. in June, 1875, is simply posted to the drawing account in the ledger; it appears there in its place—I should expect to find so large a sum posted in some manner to a special account, to show the disposal of the sum; it is not sufficiently accounted for in the books; there is only the fact, not the disposal of it; it is a mere copy of the entry in the pass-book—I find no entry of the disposal of the 300l. on 25ft February, 1875; the 600l. on 22nd October, 1875, is posted in the ledger to the debit of Rosine Guigues, she having received it—the entry is "Rosine Guigues, October 31st, to cash, 500l."—it does not appear from any of the books I have searched why that 500l. was paid to her—I can find no entry of the application of the 200l. cheque of 29th August, 1876, or of the 150l. of 6th February, 1877—I have examined the books for the purpose of ascertaining how much cash there is unaccounted for, independent of these cheques, from January, 1876, to February, 1877; it amounts to 508l. 15s. 6d.; of that 291l. 8s. 7d. is unaccounted for during the four months before the 12th March, 1877—I find in the pass-book a cheque for 30l. drawn out on 24th February to "Self"—I cannot discover what became of that—the prisoner always took one cheque to pay for His own drawings, and for the wages that came due during the week—on the 23rd there is a cheque for 5l.; on 13th 26l. 19s. 8d. to "Self;" and on 17th 30l. to "Self," and 20l. to "Self" on the 10th—there is no explanation of these—the total drawings to "Self," from January, 1876, to February, 1877, is 735l. 4. not specifically accounted for—I have seen the statement of affairs—the total liabilities are 2,308l. 5s. 5d., and the assets 2,363l. 9s. 7d.—book debts 5,100l., estimated to produce 1,650l.—the book debts turned out very badly, only 368l. 7s. 4d. has been realised—these debts extend over a great many years, some extend back 10 years—there is no entry in the books of 60l. as received from a building society, or of 20l. from Daley, of Cork—the books do not appear to have been kept by the bankrupt himself, but there are many entries in his writing—there is no entry of 10l. received from Foucard on 12th February, or of 11l. 1s. 2d. received on the same day, or any entry of the proceeds of a cheque for 10l. from Ranffos on 3rd March, 1877, or of 34l. on 18th December from Santovincia—the books were badly kept, irregularly and without method, not on a good principle—there is no entry of the application of a draft for 80l. received in January this year, in respect of a debt of 93l. due from Mr. Blanco, of Buenos Ayres; there is a debt of 93l. 16s. 6d. entered, but no amount is credited to Blanco's account as against that.
Cross-examined. These books were brought to our office by a clerk who is here, and who made the search at the premises—I have had experience in investigating accounts—I cannot speak to alterations in these books, I can to omissions—although certain items may be put in the day-books, they are not properly posted into the ledger—I have not found any cooking of the figures—Madame Guigues is only debited with one sum of 500l. in 1875—there is 500l. in the earlier part of the year with simply the name "Arnoux" against it—the 200l. in August, 1876, is simply put to the debit of "Arnoux," no application of it is shown—
the fact of the prisoner's drawing these various sums is openly and plainly entered, showing that he had that money—a sum of 900l. owing to his late partner, is included in the trade debts—I believe bills were given to purchase the trade and good will, it does not appear in the accounts—good will is entirely a theoretical matter, we never put it in a statement of affairs—I should say the good will had pretty well departed—I think 1,650l. is too high an estimate for the 5,000l. debts—the prisoner put his accounts into the hands of our firm.
Re-examined. If the assets had been real the creditors would have been paid 20s. in the pound—the assets contain debts and valuation of the stock in trade—I have been trying to realise the assets since 2nd March; I don't think there is any prospect of their realising anything like what they are put down at in the statement, I don't know where it is to come from.
SIPSEY MANDEVILLE (Police-sergeant E). On 31st October I received a warrant to take the prisoner into custody, and on that day I found him in the first-floor back-room at 23, Argyle Street, the place occupied by Mr. Yvon—I read the warrant to him—he said "I have done nothing wrong"—I found on him four letters; others were found at his lodgings; they were handed to Mr. Coleman—these (produced) are the letters.
FRANK FITZGIBBON HALL . I correctly translated these letters. (These were from the prisoner's son and sister, from Ribieres, dated July and September, acknowledging the receipt of furniture, and stating that the prisoner's room was ready for him whenever he came.) The envelopes bear the French, post-mark; they are addressed to "M. Arnoux."
JOHN COLEMAN . I am a woollen warehouseman, of 34, Golden Square—I am one of the prisoner's creditors, and was appointed trustee of his bankruptcy on 30th April—I first knew that he was in embarrassed circumstances late in February—a Mr. Price came to see me, and I saw Mr. Herbert, the solicitor—he told me that the prisoner was under certain obligations to his cousin and late partner, and that a bill of 500l. was coming due; that Arnoux was unable to meet the bill, and had been advised to consult him in reference to his affairs; that he (Mr. Herbert) had communicated at once with Messrs. Waddell, the accountants, in order to ascertain the true position of his affairs, and that as soon as the statement of affairs would be ready, he would call a meeting of creditors—at the same time he said that Arnoux had a certain sum of money at the Union Bank, but not sufficient to meet the 500l. bill—it was suggested that that money should be protected against any claim which might be brought against it by the holder of the bill, and Mr. Herbert agreed with. me that the account should be closed and transferred to the joint names of the two principal creditors, Mr. Bidgood and myself, for the creditors—I believe I first knew that the money had been drawn out of the bank on 28th February, the day after—I did not know at that time that any part of that sum had been retained by the bankrupt—the creditors did not authorise him to retain it—I ascertained what the amount was, by sending privately to the bank on the 28th—I was present at the first meeting of creditors. I think on 7th March—I asked for the defendant's pass-book at that meeting; it was produced by Messrs. Waddell or Mr. Herbert—after I was appointed trustee I went and searched the defendant's premises, and in one of his drawers I found this balance-sheet, made up to 31st January, 1875; also this letter from M. Foucard,
and several others (produced)—a cheque of 10l. from M. Rouffos did not come into my possession, or 10l. from Mr. Kohlneim, or 60l. from a building society, or 80l. from Mr. Blanco, or any bonds in the Paris, Lyons, and Mediterranean Railway, or any Hungarian Government bonds, or any account of any of them—he never paid me 20l. 18s. from Mr. Daley, of Cork; he never told we that he had removed a pianoforte and some furniture from his house in February or September; I did not know it—his stock realised 165l., and the furniture 40l.—I am afraid the creditors will get very little indeed, if anything.
Cross-examined by MR. SULLIVAN. I do a considerable business—mine is a wholesale house—I have had a large experience with traders of the class of the prisoner, and have had unfortunately to do with bankrupts—I was never a trustee in bankruptcy before—I have had no experience in dealing with fraudulent bankrupts—my firm had business transactions with Travers for many years, and with his predecessors—they did a fairish business—I knew the prisoner was their foreman previous to 1867—I know nothing about his buying out M. Arnoux, but I knew that he became a successor to M. Gautier and dealt with M. Arnoux personally from that date—I met him occasionally as one of the staff—I believe he conducted his trade with us fairly—in 1876 the prisoner was in good credit with our house—his account in 1875-6 was about as usual, and within five months of his bankruptcy he paid us 200l. or 300l., in December or January—there was usually a balance of 300l. or more against him—we proved for 300l. odd—he might have increased the amount, many do before bankruptcy—Mr. Waddell took possession of his book in the first instance—the Court has continued to confide in him—I got a report, but not all the bankrupt's books—I went to his place while the man was in possession—I raised the lid of a desk and saw a pass-book and a balance-sheet—the bankrupt then came to my side and said " What do you want with them?"—I said "I am trustee, and my duty compels me to look in that drawer," because I had begun to have a suspicion, and he was rather inclined to take these things from me—I then told the head man in, possession to remove the bankrupt and to allow me to look in this drawer, which I only found by accident, and where I found the pass-book of J. Arnoux and the balance-sheet of 1875 which has been put in, and I complained to the accountant—I cannot tell you the date of that—I suppose it would be in June—he was made a bankrupt in April, I think—a man appointed by Mr. Waddell, the receiver, went into possession—this desk was unlocked—I do not know if the key was in it—a friend first, and then Mr. Herbert, told me of the prisoner being in difficulty—I was his largest creditor—twenty is more than the number of other creditors—I believe 483l. was the return of the stock—I believe these figures were taken from the stock-book—165l. has been realised—the goods were not sacrificed, because in a bankrupt's stock there are old accumulations, and they are of less value—I do not think they would have fetched more if sold by auction—I cannot tell you how much of the goods was supplied by our own house within a year or fifteen months, not much—I went through the stock myself and saw what was from our firm—I sold some furniture as trustee—the list is in the receiver's possession—I sold the furniture and fittings in Regent Street in June—proceedings were instituted by the creditors—I am their representative—it was my duty to swear the affidavit stating that the prisoner was arrested
on 31st October—I did not charge him then with removing furniture—I did not know of it—I heard about the piano, that was the only thing—a fellow-creditor told me about it and complained that Arnoux was surreptitiously removing it—I understood it was removed by daylight—we found so many things against the prisoner that we felt it our duty to have him arrested—we believed the bankrupt had assets in bonds or securities, and finding we could get nothing without force we ordered his arrest, hoping we should get some assistance in the investigation—I applied for an increase of bail on finding a letter after his arrest saying that Guigues and his sister were expecting him in France, and that they had prepared his house and received his furniture—it was then believed that the prisoner intended to decamp—I knew I had sold his furniture, but as the prisoner had assets without my knowledge I though the would have furniture without my knowledge—he was made a bankrupt on his own solicitation—it was very much opposed to our wishes—we would have accepted a reasonable composition provided the bankrupt had given us security—not being able to give that security, the creditors requested that he would make an assignment of his estate for the benefit of his creditors—the prisoner was in an adjoining room, he agreed to make an assignment, and the creditors left in the belief that he would do so—I am trusting to my memory—the nest day the prisoner declared that he preferred bankruptcy, and my impression was that after paying 10s. in the 1l. he would be clear—any paper that he signed was in the presence of Mr. Herbert—I never saw him sign any—if he had consulted his creditors we would have arranged to stave off this debt of 500l., and have given him a reasonable time to meet his liabilities, and he would have come round—I complained to Mr. Herbert of the prisoner's having withdrawn the balance at the bank, and Mr. Herbert told me that that 150l. would be placed in my name and that of Mr. Bidgood, pending the meeting, which had not then taken place—I heard of the withdrawal from a creditor—most likely I consented to the prisoner keeping some of the money to go on with, because then we thought that the man's embarrassment was only temporary, and that when we saw a statement of affairs, we should be able to arrange for his going on, since he had a business which we thought good, and it was reasonable not to object to it at that stage, but he wilfully threw himself into bankruptcy—the arrangement was this: Mr. Herbert promised to protect the estate, and gave us his word that he believed in the statement of the bankrupt, and that he would do nothing to the prejudice of the creditors, and we gave no opposition to his retaining the balance for the payment of the rent and rates and carrying on the business—the withdrawal of the 375l. was on the 27th of February—he consulted his creditors through his solicitor on 23rd February—nothing passed between me and Mr. Herbert to justify the withdrawal—if Mr. Herbert says so he is not accurate—2,000l. or 1,700l. owing, and 5,000l. due, I say is not a fair proportion to be considered solvent on.
Re-examined. The arrangement about withdrawing 375l. was made with Mr. Herbert—Mr. Herbert's letter of 27th February gives a correct account of my connection with him—I heard that the money was withdrawn the next day—I did not then know the prisoner was going to become bankrupt, and had not heard a word about the estate at Ribieres—I did not know he had other furniture besides that at Regent Street—there was a resolution to appoint a committee of inspection—I made a
report to the Court—I was not aware of the prisoner's remittances to France.
ERNEST NAVARRE . I live at 12, Cornelia Street, Bloomsbury—from 14th August to 25th March, 1875, I was clerk to the defendant—I kept his books—he looked at them frequently—he made entries—he took them home on a Sunday—I never saw the banker's pass-book—he was his own cashier—all cash that I received I handed over to him at once. (Cheques put in.) I have seen Mr. Charles Guigues sometimes—he is the defendant's brother-in-law—I first saw him in October, 1875—I then cashed a cheque for M. Arnoux for 500l., and took him the notes—Mr. Guigues was in London—I could not say if he was present—I saw Mr. Guigues in February, 1877, and again in April or May—I met him in Great Portland Street accidentally—I saw Madame Guigues first in London, in July, 1876, and I have not seen her since—I had a conversation with her—I got change for the prisoner on 29th August, 1876, for a cheque for 200l.—that was just before Madame Guigues' departure for Paris—the prisoner went with her—I got a cheque for 50l. on 6th February, 1877, which I changed and handed to the bankrupt—these cheques were not used for the business—in January and February I cashed other cheques, all payable to self, and gave the money to the prisoner about the middle of last year—the prisoner had a debtor named Dangnoire living at Buenos Ayres—one sum was 93l. 16s. 3d., and one over 100l.—Mr. Blanco undertook to get it—I remember Mr. Blanco coming back from Buenos Ayres in January, and telling the prisoner he had received the money—he produced bankers' drafts for 80l., payable after 60 days—the prisoner told me not to credit it on that day, but wait for the cash—I said it would be better to credit it at once—he said it was not my business—it was never credited nor paid into the bankers—this is Arnoux's endorsement on this Bank of Ireland cheque for 20l. 18s., dated March 21, 1877—I do not remember that cheque—on 27th February, 1877, an interview took place between Mr. Herbert, the bankrupt's solicitor, the bankrupt, and myself, in the bankrupt's drawing-room—Mr. Herbert said he was authorised by Mr. Coleman and Mr. Bidgood to draw a cheque out in favour of the defendant for 375l. lls. 2d.—I took the cheque to the bank received the money and took it back and gave it to the bankrupt, who was still with Mr. Herbert in the drawing-room—Mr. Herbert asked for it—the bankrupt said he could not go on without money, and that ho must keep the best part of it to go on with—Mr. Herbert said "You cannot do that, because I am instructed to take the whole sum with me"—the prisoner insisted on keeping the whole sum, which he held in his hand, and Mr. Herbert still objected—the prisoner said "I cannot pay my rent; it is very nearly due, and my working wages and my board, and my brother-in-law's travelling expenses. "The brother-in-law was in London, but I cannot say if he was at that interview—he had travelled iron Gap—the prisoner wanted 100l. for the travelling expenses—Mr. Herbert said it was too much for coming from Gap, and the creditors would protect against it, and besides the prisoner had no right to keep a penny, and if he did he should be responsible for it at last—I think Mr. Herbert went away with 150l., but he protested—I saw 100l. in notes handed to Mr. Guigues by the prisoner—on the 27th March, 1877, the bankrupt had a piano—on 20th February, 1877, wrote this letter at his request to the carrier of George Yard: "Will you be so
kind as to send a carman next Wednesday afternoon, to take a piano for Gap, France, without fail, in order to avoid any incumbrance. "The carman came, I saw it packed, and some boxes, and taken away—the declaration of value is signed by the prisoner—the prisoner's wife died in September, 1875—he has a son aged about nine or ten—he was staying at Mrs. Guigues in March last—in March I wrote to the Marchioness Fourton, and subsequently, by the prisoner's directions, to Mr. Silver, in Paris, to obtain payment of a debt, and to request Mr. Silver to send it to the prisoner's son at Gap—these are the press copies—I also wrote to Mr. Herbert at the prisoner's request.
Cross-examined. I now live in Cornelia Street, and have lived there six years—I have recently been in Belgium for two and a half months, since July till the middle of October—I was not sent for to come back, I came over of my own free will—I was book-keeper to the defendant from 14th August, 1875, till the end of February, 1877—he had no other bookkeeper, everything relating to the books was under my hands, as far as he told me—I was not a friend of the family—I did not know them before—he understands book-keeping a little—I kept all necessary books, a ledger, journal, and day-book—there was no cash-book, for I never had any money belonging to Mr. Arnoux—he was his own cashier—he told me what books to keep—I was never a book-keeper before—I have not been one since—the books disclosed a true record of the business according to what Mr. Arnoux told me—I kept them according to his instructions—he looked after the practical part of the business, the tailoring—he gave more attention to that than to his books—he seemed to know book-keeping, but not so well as I did—he told me what entries to make—I did not inquire whether it was honest or not—it never struck me that they were not honestly kept—I never saw the bank pass-book except during the bankruptcy—I saw it in the Court of Lincoln's Inn—I never made a balance-sheet—I saw one of 1874, not of 1875 or 1876—I had no time and instructions to prepare one—the books would show how the business stood—there was a profit and loss account—I was there when the prisoner's wife was alive—he has on little boy—I should say he was not very much attached to his wife, and child—I was fond of the boy—the wife had been ill for a long time, but as I came in August 1875 and she died in September I had no great time to make her acquaintance—the boy went to his aunt's in France after some months—I did not correspond with him except once—I know that the defendant corresponded with his sister about the boy; of course he kept him in pocket-money, a few pence a week, I mean, when he was in London—I could not say that he sent money to him in France from time to time—if I wrote making him a Christmas box of a debt of 30l. that was due to the prisoner in France, it was at the prisoner's representation—I did what he told me to do, without interfering in the matter—he drew out 200l. or 300l. at a time while I was with him, and I simply went to the bank, cashed the cheque, and gave him the money—the piano was his boy's, he was just beginning to play—I wrote to the carrier's to remove it—that was at his direction, in March last—all letters were copied into the letter-book—that letter was accidentally not copied, because it had nothing to do with the business—the piano was taken away quite openly in the day—some boxes and pictures were also removed—there were some portraits and photograph?, looking-glass and clock—I filled up the declaration
of value of the things that were removed, at the defendant's dictation—there were four or five boxes—I did not know that he was in commercial difficulties at that time—I thought he was in wry prosperous circumstances—I heard from many persons that he had money placed here and there—the business was not so bad—1875 was slacker than the previous year—he sometimes had little fits, ever since I knew him—they did not get worse—I did not notice that his memory was affected by them—his brother-in-law came over last February—I wrote him a letter—he was just preparing to come when I wrote, and ho came a little earlier—that letter is my writing, I wrote it on the instructions of a friend of the defendant—it was not my opinion that ho was getting so much worse that it was necessary for his family to come over and look after him.
Re-examined. I did not consider that his epileptic fits were such as to render him incapable of transacting his business—as soon as he had had the fits he looked to his affairs exactly as before—I never had anything to do with the cash—I did not make a balance-sheet because I had no cash-book—I did not know what the assets were—I never knew the prisoner give his little boy a present of 850 francs for a Christmas-box while he was in England—some furniture was removed at the same time as the piano—I remember the fenders—I think a looking-glass was removed, but I could not say, there were one or two in the house.
WILLIAM MEIKLEJOHN OGILVIE . I am a cashier in the Argyle Street branch of the Union Bank of London—the defendant had an account there—this cheque for 500l. dated 1st Juno, 1875, payable to self, was brought by Navarre I gave for it four 50l. notes, Nos. 14121 to 14124, ton 10l. notes, Nos. 18212 to 18221 inclusive, and two 100l. notes, Nos. 03168 and 06611—on 6th February, 1877, I paid this 150l. cheque by 30l. in gold, 24 5l. notes, Nos. 19899 to 19900, 68951 to 68958 and 68961 to 68972 inclusive.
GEORGE ALBERT BENWELL . I am a cashier in the Argyle Street branch of the Union Bunk of London—I cashed this cheque fur 500l., dated 22nd October, 187.3, with one 200l. note, No. 60770; one 100l. note, No. 17077, and four 50l. notes, 51274 and 58931 and 58932—for this cheque of 27th February,1877, for 375l. 11s. 10d., I gave four 50l. notes, 29902 to 29905, 10 tens, 46814 to 46823 inclusive, and 15 fives, 15346 to 15360 inclusive.
LOIUS JAY . I am cashier of the Argyle branch of the Union Bank of London—the cheque for 300l. of 25th February, 1875, is payable to self and drawn by Arnoux—I gave the 100l. notes for it, Nos. 34006-7-8. Fredrick George Gwyther. I am a cashier of the Argyle branch of the Union Bank of London—the cheque for 200l. of 29th August, 1876, is payable to self drawn by Arnoux—I cashed it by giving a 100l. note No. 38076, and five 10l. notes, Nos. 48820-4, eight 5l. notes, Nos. 51306-13, and 10l. in coin.
Cross-examined. I do not know to whom I paid it—this application is signed by the prisoner—I know his signature from seeing it on his cheques.
DAVID DE LARA COHEN . I am a clerk to the Credit Lyonnaise, a French company having offices in London—upon an application form from Arnoux on 1st Juno, 1875, I received 369l. for 30 3 per cent, debenure bonds, of the Paris, Lyons, and Mediterranean Railway Company—an application was made on the 25th February, 1875, for bonds to about
300l., and then another application was made for some more—the notes were paid into Glyn's, our bankers.
SAUNDERS HAN-COCK BLOCKLEY . I am clerk to Messrs. Allard and Co., of Winchester Buildings and Paris, monetary and exchange agents—Bank of England notes received by the Paris house are forwarded to Winchester Buildings and paid through Martin and Co. into the Bank of England in the ordinary way—I open the letters—on 7th March, 1877, I received from Paris 1,300l. in Bank of England notes which were paid to Messrs. Martin and Co., 1,000l. being given up to Messrs. Martin—on 9th March I received 2,000l, in notes from Paris—I made up a parcel of 1,500l. of these notes, and paid them into the London and Westminster Bank.
CHARLES HENRY JONES . I am clerk to Messrs. Martin and Co., bankers, of Lombard Street—I have an entry in the cashed notes book in my own writing of the receipt of notes from Allard and Co., for 1,000l., which were paid by us into the Bank of England—we do not take the numbers.
ROBERT NEVINSON . I am clerk to the London and "Westminster Bank—from my books I find we received a parcel of 1500l. Bank of England notes from Messrs. Allard and Co. on 9th March—we paid them into the Bank of England on the 10th.
CHARLES CORY . I produce notes paid by Martin and Co. into the Bank of England—on 8th March, 1877, 5l. notes Nos. 19899 to 19900, 68951 to 68958, 6961 to 6972; three 50l. notes Nos. 29903-4-5, also two 5l. notes paid in by the London and Westminster Bank on 10th March, 1877, Nos. 68959-6O; also a parcel of notes from the Union Bank in a total of 1025l. on 20th October, 1875, for 200l., No. 60770, 100l. 17027, four 50l., 51273-4 and 58931-2.
FRANCIS CARRUTHERS GOULD . I am a stock-broker of 171, Comhill—in June, 1875, I was in business at 19, Change Alley, or Bartholomew Close—I made a purchase for the prisoner in june of 2000. Hungarian 6 per Cent. 1873 Treasury Bonds, value 186l. 2s. 6d., Nos. 32085 and 27897—he gave the name of Arnoux—they were handed over to him on 16th June—the money was paid into the Imperial Bank—the bonds are unsaleable unless the coming coupon is attached.
Cross-examined. I do not recollect seeing the prisoner—I go by my books.
Cross-examined. I received a total of 436l. 2s. 6d., which was partly in notes—handed them to a clork.
HENRY FRANCIS SIDNEY SHURY . On the 15th June I took the numbers of the notes for 180l. handed to me by the last witness; they are, 41256 5l., 14293 50l., 18212-20 10l.—we paid them into the Bank of England.
coupons of the Hungarian Bonds, Nos. 27897, 32085, on 8th December, 1876—forms are supplied which the holders of bonds fill up. (Mr. Navarrt proved the prisoner's writing on the coupon receipt.) I paid 5l. 18s. 6d. by this open cheque at Mr. Arnoux's special request—we usually pay by cross cheques.
Cross-examined. I do not know Arnoux—the request was by word of mouth across the counter—we keep a record of the payments—the coupons are paid twice a year, on the lst Dec. and 1st June.
CHARLES CORY (Re-examined). I produce the following notes which were paid into the Bank of England—3168, 100l. 17th March, 1875; 15350,. 5l., 5th March, 1877; 15358, 5l., 7th March, 1877; 15357, 5l., 23rd March, 1877;—16122, 10l., 4th April, 1877; 46114-15, two of 10l., 26th June, 1877; 15355-6, two of 5l., 3rd July, 1877; 15352-3, two of 5l., 4th July; the 15354, 5l., 10th July, I do not produce—it is not yet come in.
ERNEST NAVARRE (Re-examined). The 5l. note of 5th March, 1877, No. 15350, is endorsed by the defendant—Mr. Yvon was the clerk before me—he is now manager of a tailoring firm in Argyle Street, where Arnoux lived after his bankruptcy—the note No. 15355 is endorsed by Mr. Yvon.
Cross-examined. I know the house—I saw Mr. Yvon's name—I suppose he was the proprietor.
CHARLES CORY (Re-examined). I produce notes paid into the Bank of England by the London and Westminster Bank on 16th September, 1876, viz., 10ol., No. 38076; live 10l., 48820-4; and eight 5l., 51306-13.
WALTER MOSS WALTERS . I am a clerk to the London and County Bank—on 28th October, 1875, I received from Messrs. Venables and O., of Paris, these notes, which I paid into the Bank of England—they were included in a total of 1,025l.
CHARLES CORY (Re-examined). I produce a note for 200l.: also four 5l. notes paid in on 8th March, received from Messrs. Martin and Co.—I have a great many notes here which I have not produced—I have not the 100l. note, No. 6614, paid into the Bank of England by the Union Bank on 17th February, 1876.
JOSEPH ARNOUX (interpreted). I reside at Gap, in France—I am first cousin to the prisoner—I knew very little of him in childhood; I went away very young—I know his family very well—he has a sister residing at Gap, named Rosiue, married to M. Guigues, who was employed in the Telegraph department; before that he was a shoemaker—I heard that he had about 800 francs per year from the Telegraph—the prisoner's mother died about 1872 or '3 (certificate of death put in)—previous to her death she had been residing at Gap—in 1867 I went into partnership with the prisoner at 229, Regent Street—this (produced) is the deed of
partnership; it is in French—it was a profitable business—Mr. Yvon ' kept the books; both my cousin and I superintended it—I retired from '. the partnership in 1874—this (produced) is the deed of dissolution—at the time of the dissolution I received l,000l.—on 28th February next—year I received a further instalment of 500l., and next year another 500l.—on 28th February this year a further sum of 500l. was due to me; I did not receive it—on 28th February next year a further instalment of 300l. would be due—we had a pass-book; we both examined it—Mr. Charles: Guigues is at present residing at Ribieres; he went there a few months ago; it is said that he bought the Chateau Ribieres—he is not now in; the Telegraph employ—I know the prisoner's little boy; he lives at I Ribieres with them—the signature to this letter (produced) is Mr. Charles Guigues; some of these bank notes are endorsed by him—this other letter is the prisoner's sister's writing—the prisoner never communicated to me the state of his affairs before he became bankrupt—when property is bought in France it is registered. (This register of the purchase of the Chateau Ribieres was put in; it stated the purchase-money at 29,000 francs on 18th January, 1877.)
Cross-examined. I am perfectly acquainted with Madame Guigues—. I have seen her write, and have also received letters from her—the business was very profitable and good when I left it—the sum of 2,800l. for my share was arrived at without any difficulty—I left because I intended to leave; there was no special reason, we had no difference, we were very good friends; he came with me to the railway-station, and even begged me to remain with him—we were discussing the matter between us—at first proposed 3,000l.; he said he could not do that, and then 2,800l. was agreed upon between us; everything was included in that—a balance-sheet, or statement, was made out to let each see how they stood—he wrote me this letter about five weeks before the February bill was coming due, asking me to give him time.
PETER PARSONS . I am secretary of the Tenth St. Martin's Mutual Benefit Building Society—the prisoner was a member of that society from 1866 till May, 1877—I produce the receipt for the scrip dated 27th Aug., 1866; it is signed "J. Arnoux"—the subscription is at the rate of one shilling per week per share—I received a letter from the prisoner, dated 8th December, 1876, containing a notice of withdrawal, and subsequently in the same month another letter pressing for payment—I was not prepared to pay till May, 1877—he called on me and said he had lost his scrip, and asked me what he should do—I told him he must make a declaration before a Magistrate that he had lost it—on 7th May he called on me and produced this statutory declaration, and I paid him a cheque for 60l. 5s. on the Consolidated Bank, for which I took his receipt.
EDMUND FOUCARD . I am traveller to the firm of Lucien Foucard and Co., merchants, in France—we owed the prisoner 21l. 1s. 6d. for goods supplied in February last—I sent him two cheques, one for 10l. and one for 11l. 1s. 6d., payable on 6th March and 6th April—they have been returned as paid.
HENRY AMEDEE STUNT . I am clerk to Messrs. Campbell, Reeves, and Co, the solicitors acting for the trustees in this bankruptcy—in the course of the bankruptcy I delivered requisitions to be answered by the bankrupt.—I produce them and the answers received from the prisoner's solicitor, Mr. Herbert. (The requisitions and answers referred to the sums of 3001. and
500l., the defendant explaining that they were given to his sister as a return for keeping his mother, and for heavy medical and other expenses consequent on the illness of his wife and son.)
The following Witnesses were called for the Defence.
DR. SPENCE RAMSGILL , M. D. I am senior physician of the Hospital for Epileptics—I have known the defendant seven or eight years—I have attended him for epilepsy—he was subject to epileptic fits—loss of memory is one of the consequences attending these fits, more or less, according to the badness of the attack—the degree of epilepsy from which he suffered would be a very great impairment of memory; it is what we call specific epilepsy—I know of no case of prolonged epilepsy where memory has been retained in perfection—the fits the defendant suffers from vary in degree, sometimes very slight, sometimes very severe; for the last twelve months very bad—I did not see these that he suffered from here—a severe one is measured by results—if he received a sum of money immediately after one of these fits he would certainly not be able to account for it—if he received it in February I think he ought to be able to account for it in March, if he had been free from fits—the effect of epilepsy would be to make his memory always defective—he is a man of excitable disposition—this is a form of epilepsy brought on by syphilis probably acquired 30 years ago—he has been getting worse from year to year because of his irritability—he has been subjected to a great many annoyances which have militated against his recovery—he is lit to be a good servant, but not by any means fit to be a master, nor has he been for years—I should say, from his state of health, it would be perfectly impossible for him to collect his ideas on any subject for any length of time—it is one of the characteristics that he cannot keep himself together for any length of time—I don't think he has been in a reasonable businesslike state of mind for some time, indeed I think he has hardly been fit to be about for the last six months—he is certainly not capable of taking are of his own affairs.
Cross-examined. He has been to see me once or twice a month, sometimes twice a week—I attended his wife once in consultation with Dr. Ayling—I don't know whether he was their regular medical attendant—I think the prisoner might be quite capable of calculating the interest of his property if free from fits for some time.
DR. JOHN ERICSON . I am one of the Surgeons Extraordinary to the Queen, and Senior Surgeon at University College Hospital—I have heard Dr. Ramsgill's evidence, and agree with what he has stated as to the effects of epileptic fits—I think a man suffering from them is likely to suffer very considerable loss of memory, especially if it be specific epilepsy.
ERNEST YVON . I first entered into defendant's service in March, 1867, and remained in his employment years—I remember his being subject to fits—he had sometimes one, two, three or four in a day—he remained in them from a quarter to half an hour—I have seen him on the floor half an hour many times—when he recovered from these fits he was perfectly vacant for a long time, an hour or two—I was book-keeper, he used to go out and see customers and attend to the cutting—he never looked at the books—I left in January, 1875.
Cross-examined. I am carrying on business now at 23, Argyle Street—have done so since the 21st Juno—I have had "the prisoner in my employ
there—I have some fixtures in my shop that were formerly in his—I bought them of Mr. Gerard, a hairdresser in Regent Street—also some 'looking-glasses and furniture—things that had been the prisoner's—I recognise all of them—I started in business with about 200l. to 300l.—it was in notes and gold—I had it in my possession at 28, Burton Crescent, from about the middle of November, 1876—I came possessed of the money from the proceeds of the sale of a house and business of mine in the Caledonian Road, 10, Market Terrace—it was a restaurant—I had had the-house about 12 months—I sold it at the half-quarter, between Michaelmas and Christmas, for 250l.—a gentleman, no relation, named Mr. Anuarohever had left me 300?. about August or September, 1874—that was while I was in the defendant's employ—I continued to act as his book-keeper for some months alter receiving it—I cannot say where I got the two 5l. notes from which are endorsed 30th June, 1877—I got several hi notes from the prisoner, I should say 20 or 80, at different dates between the 24th June up to the present date—he collected form—the 5l. and 10l. notes he had received on my account from customers, and brought them to me—I presume this note was paid to the woollen drapers—I changed my cheques and notes with them as a rule—the prisoner came into my employment on the 24th June—on my oath he did not find any of the money to set up that business—I cannot remember where I got the 10l., dated 30th June—I have in my shop now all the patterns that belonged to him—I got them with the furniture and fixtures that I bought: of Mr. Gerard for 45l.—I did not get them from the prisoner direct—they were in a kind of shop or store place in Adam and Eve Street—there: was no inventory—I saw the things in the workshop—Mr. Coleman laid, 'claim to them when they were in my shop, and I said "If you claim f them, you can remove them," or words to that effect—I said that because he said the patterns were his—he did not say they had never been sold to me—he looked up at them, they were hung round the place, and said "You had better be careful, all these patterns belong to me, and I can remove them whenever I like"—he did not say that he was treating me with great leniency in allowing me to keep them—I do not know any one of the name of F. Munich—I know Stephenson and Co.—they are woollen drapers in Glasshouse street—I have frequently paid money to them.
GEORGE GERARD . lam hairdresser at 91, Regent Street, and am acquainted with the prisoner—we have been friends—I know his late place of business in Regent Street—I bought the furniture and effects belonging to them of Mr. Coleman—I think it was the beginning of June—I sold the whole lot a short time afterwards to Mr. Yvon—I know part of it is in Argyle Street at Yvon's—they told me they would send some to France.
Cross-examined. I paid 40l. for the furniture, I believe in 10l. notes—I have no numbers—it was in the course of business, and done in a, hurry—I sold it to Yvon for 45l., but I paid the expense of removal—I paid the money to Mr. Coleman himself—I cannot say whether I received one of the notes from the prisoner—I changed him a note—I have changed him a cheque or two as well.
Franco, to Ribieres—it was sent to the prisoner's sister's in July—the whole of it had boon the prisoner's property.
Cross-examined. I did not take a list of it—there was one looking, glass, about five or six chairs, a sofa, and a bedstead—an iron one I think it was—bed and bedding, and a lot of little etceteras—I should estimate it to be worth certainly not more than 15l.—I had no use for it, and I gave it to the prisoner—I gave it to the sister out of consideration for Mr. Arnoux—i did not pay for the carriage of it—I told my man to go to somebody in King William Street—he know where to go—I did not know myself—and tell them to fetch the things—I have not any invoice or declaration of value—they took the furniture without any payment for the carriage—a man that lived in Holborn made the packing cases—I think I paid between 5l. and 6l. for them out of my own pocket.
CHARLES GUIGUES (through an interpreter). I know the defendant—I got married to his sister in 1860—I was a shoemaker at that time, and had a shop—was in it from six months to a year—then I was employed at a telegraph, and received from 1,000 to 1,200 francs a year—that is an appointment made by the Secretary of State, and is considered an important and responsible employment in France—when I married my wife she was a dressmaker, the business she has always followed—it was a lucrative one, done amongst the gentry—she always employed twelve or fourteen hands—I kept her books always—out of her savings we set as do something every year—in the latter years we placed about 4,000 francs aside—we retired from business in July this year—at that time we had about 60,000 francs, out of which wo purchased the Chateau Ribieres, where we reside at present—I first came to England in 1875—I came to London because my brother-in-law had informed me that he had lost his wife, and he felt very dull about it, and wanted me to come over—he said at that time that he had always promised his sister to reward her for the care and attention she had paid to his mother, she having kept and boarded her all the time, and as a reward he would give her a sum of 12,300 francs, 500l.—he never at any time said anything to me about his prospects, except that ho was quite satisfied and content—I think it was in the winter of 1875 he said so—my wife left for London in 1876—she had some business to transact in Paris, and went there first for the purpose of selling some title deeds or securities in the French Rentes for us, at the same time to see her brother—we had 24,000 or 25,000 francs in the French Rentes—she sold them and sent the money to me—I have had defendant's little boy stopping with me—he was in such bad health, I have had to pay a great deal of money for him to the doctors—the defendant gave me 100l. when I came to London in February, 1877—I had expended about that sum upon the child for clothes and physicians—he paid me my voyage back, and showed me a letter from his cousin, and said "You see how he refuses me a month's delay upon the bill"—he also said that he expected money from other persons—i came to England in June of this year, because Navarre wrote me a letter saying my brother-in-law was very ill—went to the bankruptcy Court during the examination of the defendant, because he said "You had better come with me"—he was still suffering as usual from epileptic attacks—I
received from him altogether 12,500 francs, and 800 francs for the boy—the latter about Christmas.
Cross-examined. I don't remember money being handed to me in February—the 100l. was in gold, I think—I swear it was not 150l.—it was 100l. only—I got the English money changed at Paris—I do not know the changer's name—I never received any by post—I never received—these notes cut in two from the prisoner—neither I nor my wife received any money from him just before we came to London in February this year—my wife was in London in August, 1876—I was not with her—she came to see her brother—I was at home.
ROSINE GUIGUES (through an interpreter). I am the wife of the last witness—I have been in business some years as a dressmaker at Gap—I retired last August—my husband and I bought some property at Ribieres—the chateau, which cost 29,000 francs, I should not call very large—I came to Paris in the summer of 1876, and sold some rents for 28,000 francs odd—I brought it to London—I came to see my brother—while in London I sent it to France to my husband—we had a present from my brother for having kept the mother of 12,500 francs (500l.)—I also received from him 2,000 francs for the illness of the child, and 850 francs—the prisoner never complained to me of being in financial difficulties, and I believed him to be a rich man—I had proofs of his suffering from epilepsy, and was anxious that he should come over to France for a little while to restore his health.
Cross-examined by MR. GORST. I was in London in August, 1876—I did not then receive 200l. from my brother, nor any money—I had a conversation with Navarre about my brother in August, 1876—I told him that I was very anxious about his health, and that I much wished to 5 take him with me to France—not about his business—I did not know anything about that, but Mr. Navarre said there was about 150,000 francs in the books, debts owing to my brother—I said that it would be better that my brother should take the ready money, that was there, and that my cousin Ernest should take the business, he being in a better state of health, so that my brother should go away to France—I never said that the creditors must be satisfied with the old debts—I never received any money from my brother—my husband changed the 100l. in Paris—I. cannot say if it was at Allard's—my mother lived with me, she was 82 years of age, and could not assist in the business much.
GUILTY — Nine Months' Imprisonment.
NEW COURT.—Friday, December 14th, 1877.
111. WILLIAM ROBERT MOORE (23) PLEADED GUILTY to Feloniously forging and uttering an endorsement to a cheque, with intent to defraud the executors of Lucius Kelly, deceased. He received a good character, and a letter written by him in gaol was handed to the Court. Judgment Respited (see half-yearly Index).
MR. STRAIGHT conducted the Prosecution.
of the Caledonian Road—on 26th November, between 1 and 2 o'clock, the prisoner brought this flask and wanted to pledge it for the most I could give him for it—I asked him his name, and understood him to say "Waller"—I said that that was not the name on the flask; he said "No," and that he bought it at Leeds, in Yorkshire, of an Irishman, a navy, for 4s.—he asked for 10s. on it—i asked him what it was made of—he said "Silver, I suppose; you ought to know"—it is silver, and is worth—40s. or. 50s.—he was detained.
JAMES IRVING (Policeman 51 F). On 26th November I was called to the shop and asked the prisoner where he got the flask—he said "I bought it of an Irish chap in Leeds"—I asked what he gave for it, he said "4s!'—I took him in custody—he said at the station "I may as well tell the truth, I found it in a railway carriage at Ardsley, about two years ago; I did not give information to the railway authorities or write to the police."
EDWARD ALEXANDER JEFFREYS . I am an engineer of Loughmore, Yorkshire—the branch, station is Ardsley—this is my flask, I lost it in May, 1875—I was then travelling on the railway, I believe—my name is on it.
RICHARD WILLIAMS . I am an inspector of the Great Northern Railway Company—the prisoner entered their service in January, 1875, as a porter, at Ardsley station—it is an understood duty that if the servants find anything they are to hand it over to the station-master, in order that tie owner may have it—he was afterwards advanced to be assistant-guard and brakesman.
Prisoner's Defence. I did not know the rule, I never looked in the book I carried it six or seven weeks, thinking I should see the gentleman, and then I put it on one side. The Company have my testimonials.
NOT GUILTY .
113. HARRY HOPKINSON (29), Unlawfully obtaining by false pretences, from Walter William Oxley, two securities for the payment of 16,142 francs, 25 centimes, the property of the Credit Lyonnaise Banking Co., with intent to defraud.
MR. POLAND and MR. BESLEY conducted the Prosecution; and MR. HORACE AVORY the Defence.
HARRY GERALD ABRAHAMS . I am clerk to Messrs. Abrahams and Rofley, the solicitors to the Credit Lyonnaise—on 5th December I served the prisoner in Newgate personally with a notice, a copy of which I produce—I also served another notice on him on 10th December—I also produce the affidavit of the sub-manager of the bank, and of the clerk, verifying the account.
CELESTINE ARTHUR HUGHES . I live at Peckham—in January, 1877, I entered the defendant's service at his warehouse, 11, Goldsmith Street Wood Street, City—ho was agent for the house of Alfred Crepon and Co., of Lyons, French manufacturers—I saw Mr. Santos, one of the partners, on one occasion—between January and November I sometimes went to the Credit Lyonnaise and obtained orders of credit on Lyons—I got the drafts in favour of Crepon and Co., of Lyons—I saw Mr. Santos at the warehouse about the time that cheque was written—he came on Monday 22th November—I was present when he was in conversation with Mr. Hopkinson
—they spoke in French, which I do not understand—some goods were removed in cases from the warehouse on the occasion of Mr. Santos' it—they went away to Lyons, I believe—Mr. Santos' interpreter, who spoke English, directed their removal—the cheque was written before the goods were dispatched—Mr. Hopkinson wrote it and gave it me with this memorandum, marked C, to go to the Credit Lyonnaise—it was in the morning I left the memorandum and brought away the cheque with me—the manager was not there to sign the drafts on Lyons—I returned them after some interval, and received a draft and left a cheque and memorandum—I gave the draft to Mr. Santos, having been told to do so by Mr. Hopkinson—I believe this (produced) was the colour and form of the draft.
Cross-examined. The prisoner was agent for A. Crepon and Co., and I believe for several other people—I know he bought and sold goods on account—I have no knowledge of the value of the goods on the premises belonging to A. Crepon and Co.—there were other goods besides these—some belonged to Mr. Abrahams, these were silk fringes which the prisoner had bought of Mr. Abrahams himself—I did not see all the goods taken away that went to Crepon and Co., they were there two or three days, and Mr. Santos was there frequently in communication with the prisoner for two or three days after the 13th November I believe—on 14th November, the day after I had exchanged the cheque, I went again, by the prisoner's directions, to the office of the Credit Lyonnaise, and saw that gentleman (pointing to Mr. Oxley), the same person I saw on the 13th, into whose custody I gave the draft—the prisoner directed me to go there, and ask them to hold the draft over, or something to that effect—I did so, and Mr. Oxley in reply told me that he had already telegraphed to Lyons to Stop the payment of the draft—he also said that the money must be paid that afternoon or he could do nothing—I brought that message back to the prisoner—I remember something about a bill in October of Crepon and Co. for 611l.—it was accepted by the prisoner, and the Credit Lyonnaise discounted it—I went in October to the Credit Lyonnaise in London, and asked them to hold over that bill because the prisoner had not the actual funds to meet it, and they consented to do so—I cannot say for eleven days or for how long—it was paid eventually by the prisoner.
Re-examined. It was a bill drawn by Crepon and Co. on the prisoner, which ho had accepted—I believe it was for money which he had to account to them for—the bill was endorsed by the Credit Lyonnaise, at Lyons, and then the Credit Lyonnaise in London took it up for the credit of their house, and the prisoner paid a portion of the money, and paid the rest 11 days after—he asked for time and got it.
WALTER SCOTT BUCHANNAN . I live at Hornsey Rise, and for about. six weeks was employed by the prisoner as a clerk in his warehouse—I speak and understand French—I remember Mr. Santos coming to the place of business—about the time of his coming Mr. Hopkinson told me that he was in difficulties—on the Tuesday, Wednesday, or Thursday after Santos coming, the goods which were on the premises belonging to him went away; the greater part went back to Lyons, the others were removed to a Mr. Crumner's, of Mitre Court—I don't know whether he was the now agent or not—a portion of Mr. Abraham's goods were also taken away—I remained about a fortnight or three weeks after Mr. Santos' arrival—I was in am out—I did not stop in the office Any time—the last time I
Saw Mr. Santos was towards the end of that week—lie remained in London till after the final removal of his goods—I saw him after that—do business that I know of was done for Messrs. Crepon and Co. after Mr. Cantos' arrival—I think a bill did come in which was dishonoured—I don't know for what amount—I never looked at it—I don't know anything about a liquidation petition being presented by Mr. Hopkinson—the receiver came and took possession—I did not do any work afterwards, but went every day to see if there were any letters for me—I remember a distress for rent being put in—I don't know what the debt was—I think it was after Mr. Santos left.
Cross-examined. I believe the prisoner was agent for several other firms—he had goods of other people and also bought and sold on his own account—only a part of the goods which have been spoken of as belonging to Mr. Abrahams went back—there were a quantity of other goods on the premises besides these that went back to Crepon and Co.
Re-examined. The prisoner kept his own books while I was there.
WALTER WILLIAM OXLEY . I am a clerk in the service of the Credit Lyonnaise Banking Company, carrying on business at 39, Lombard Street, City—that is the London agency, the chief office is at Lyons—we have been in the habit of giving the prisoner drafts on our London house in exchange for his cheques—on 12th November Hughes brought this cheque and memorandum, and in consequence of what he said I got a draft drawn out for the amount in French money, and had it signed by the manager about an hour afterwards—that is one of our ordinary forms—I then gave it to Hughes—that was about 2.30—at that time I believed that the open cheque of the Consolidated Bank was good, and that there were funds to meet it—I found that the cheque was dishonoured and telegraphed to our Lyons house to stop payment of the draft—we are now being sued for the amount—after the cheque was dishonoured I Saw Mr. Hughes, but did not speak to him—we took up a bill of 3rd October, which our house had endorsed at Lyons, and we looked to the prisoner for payment of it—he paid us 530l. the next day, and we gave I him time to pay the rest—he ultimately took up the bill—we had given him change for a cheque in August last.
Cross-examined. We used to change foreign drafts for the prisoner for large amounts, and his cheques up to that time have always been paid—there have been about a dozen drafts varying in amount from 630l. to 140l.—I did not speak to Mr. Hughes on the 14th, it may be that he saw some one else on that day—I knew that an application had been made to hold the draft over—we held the prisoner's acceptance over for 11 days, and he met it—we are now being sued on that draft in Lyods, and are I believe defending the action—at all events we have not paid; Mr. Abrahams has the writ—the defence is that the holder of the bill is affected by the fraud.
JOHN TAYLOR . This is my signature to this affidavit—the account on the notice is a copy of the defendant's account at the Consolidated Bank, of which I am the sub-manager—on 9th November he had overdrawn his account 2. 16s. 9(.—no payment was ever made subsequently to the credit of his account—I believe we had never allowed him to overdraw his account before—we did not hold any securities on 13th November—we had no funds or any authority to pay that draft for
642l. 3s. 2d. of 13th November—after the cheque for 530l., his largest balance was about 100l.; that was on one day only.
Cross-examined. Since 30th June the largest balance was about 534J.—that was for a portion of one day.
JAMES MONTAGUE COWARD . I am a clerk to the receiver under the defendant's liquidation—I produce, under the seal of the bankruptcy Court, the petition for liquidation—the amount of the assets is between 90l. and 100l.—it is impossible to tell yet the amount of the debts—on the books there is about 900l.—he was agent to different persons—I know that the book debts include the money claimed by Mr. Santos—there is now 90l. or 100l. worth of stock on the premises—we have taken no account of anything except—what "we know—there has been some stock removed—I do not know that the prisoner claims that as his stock bought of Abrahams—we have not had time to inquire into it yet—if we find, that the prisoner has bought it we shall call upon Mr. Abrahams to return it undoubtedly for the creditors—one bill falls due in January, I think for 7l. 16s. 9d.—I have not had time to see how many bills are due altogether—the books are not posted—the day-book has not been posted for six weeks—I only know of one bill due since this—there was one on December 3rd for 1l. 15s. 6d. to his credit—up to December 4th there are no bills entered in the bill-book or bills payable—I have no idea whether any bills are coming due—there are no bills receivable on the books—I am aware that Mr. Santos collected some debts—I cannot say the dates, or how much, until we go round to the creditors—I went to one house and found that Messrs. Crepon and Co had received the amount.
Cross-examined. There were more goods on the premises than we wanted.
The Prisoner received a good character.
NOT GUILTY .
MR. PURCELL conducted the Prosecution.
CHARLOTTE PHILLIPS . I live at 109, Rotherfield Street—on 30th November, about 2.30 a.m., I was sleeping in the back parlour adjoining the shop—I heard a noise, went out in the dark to listen, struck a light, went into the shop, and saw the prisoner lying on the flap of the counter—he said that it was only his fun—I called my father.
EDWARD PHILLIPS . My daughter aroused me and I went down undressed, found the prisoner in the shop, and took him by the collar—he told me to hold him tight—I said "Yes, I will, I will take particular notice of that"—I gave him in custody and found that he had got in by raising an iron grating under the shop window—he had then raised a window and got into the store-room and then into the shop—I found this chisel on the coals.
CHARLES FELTHAM (Policeman 491 X). On 30th November, about 3 a.m., I was on duty, and as I passed this house I heard a cracking noise like something breaking—a woman came to the door in her night-'Ins and called "Police"—I went in and found the prisoner in custody—he said "I have only done it out of revenge; they should not leave their
windows open"—he had pulled up the grating and replaced it over himself afterwards and raised the window and got into the house—I found on him a duplicate and a knife.
Prisoner's Defence. I had nowhere to go and I went in there.
GUILTY . He was further charged with a previous conviction at Clerkenwell in April, 1877, to which he PLEADED GUILTY.— Eighteen Months' Imprisonment.
MR. CARTER conducted the Prosecution; and MR. PURCELL the Defence.
ALFRED POTTER (Policeman 383 X). On the morning of 22nd September I was on duty in Sheldon Street, Paddington, at a few minutes after one, and saw three men in James Street—they went to the front of the Prince of Wales Hotel in Bishop's Road—they went to the principal entrance, stooped down, and raised the revolving shutter—one man entered and the other two shut the shutter down—I was concealed behind a butcher's shop—after a minute one went to the right towards Eastbourne Terrace and the prisoner came towards where I was concealed—I took him in custody, we had a struggle, and he felled me to the ground; his comrade returned and pulled him off, and they both escaped—on the 26th I was called to John Street station, the prisoner was brought in with ten or fifteen others, and I identified him as the man I had taken in custody—he is the man I had the struggle with.
Cross-examined. I saw the three men from 11.30 to 12.45—I was concealed three doors from the house where the burglary was committed, on the same side of the street—I faced their sides as they stooped to pull up the shutters—I sprang upon the man I caught directly he came near me—the struggle lasted about three minutes—he and the other man got away.
Re-examined. It was half an hour or more from the time I saw the men at the corner of the street till they got away—I could see the prisoner's features as he came towards me, and struggled with him three minutes—I am sure he is the man.
GEORGE TAYLOR . I now live at 6, Montagu Street, Russell Square—on 22nd September I was living at the Prince of Wales Hotel as manager—on 21st September I went to bed about 12.30, after seeing the house secure—I was disturbed about 1.30—a man had been found on the premises and taken to the station.
JAMES ADKINS (Detective X). On 26th September I went to John Street station and saw the prisoner. there—I sent for Potter, who came and identified him from several others as the man who escaped from his custody—he was then under a sentence of two months for an assault, and on his discharge from the House of Correction, on 22nd November, I took him and told him it was for being concerned with a man named Blondin in committing a robbery at the Prince of Wales Hotel, Bishop's Road—he said "I know Blondin very well, but do not know the Prince of Wales Hotel; you have made a mistake; I shall make the landlord suffer if he charges me."
Cross-examined. He was not put with some detectives—there were four or five prisoners there—when he was brought in I did not speak to the constable, only to the inspector on duty—no one spoke to the constable in
my presence, and I was there the whole time—the prisoner was arranged with others by the inspector.
Witnesses for the Defence.
JOHN RYAN . I am the prisoner's father, and live at 5, Hamilton Street, Manchester Square—I was called at the police-court—I remember September 22nd, it was a Saturday, I believe—my son came in that night about 10.45 and went to bed—he slept in the same bed with me—I went to bed between ten and a quarter past, but I was quite awake when, he came—he did not leave the house after that, and he was in bed when I got up on the Sunday morning-about 7 o'clock—the bedstead is against the wall, and he slept on the inside—he could not have got out of bed without my knowing it, because I am a very light sleeper—about a fortnight afterwards Detective Murphy met me in Baker Street and made inquiries about my son.
Cross-examined by MR. CASTER. My son's name is Thomas Ryan—I know nothing about his going by the name of Lloyd, perhaps he can explain that—sometimes he lives with me and sometimes not—he has been absent about a twelvemonth, and perhaps a little more, but he was with me from September 4th to 24th, and slept with me every night—I don't know whether 4th September was Monday or Tuesday—September 6 or 7 is as near as I can give the date when I met the detective—I made no note of it—he asked for my son, if he was upstairs, and I said he was not—I gave evidence before the Magistrate last Monday week—I don't know the day of the month—my son never slept away from me from 4th to 24th September—we slept in one bed—I don't know what time he came home on 15th September, or what day of the week it was—the latest night he was out was 20th September—he went to bed that night at 12, but from the 4th to 24th he was in bed at 11—I said before the Magistrate, Murphy meeting me on the 6th or 7th—my evidence was taken down and read to me—I swear I said to the Magistrate that Murphy met me outside the door on the 6th or 7th September—he asked me if my son was at home and I said no, but he was upstairs at the time—he did not say he was in prison on a charge of assault—he told me that after—this is my mark to my depositions—Murphy told me so some time later, but when he met me at my door he never mentioned it—my son was not in prison between the 4th and 24th—I also met Murphy after September 24—I did not see my son on September 25th as he was in prison—I know nothing beyond what the detective told me—Murphy and King met me in Baker Street—I can't tell you the day of the month, but it must have been after that, because they said he was doing two months for an assault on the police—my attention was not called to it during October and November while lie was locked up.
Re-examined. I first saw Murphy on the 6th or 7th—I can't say when"' I saw him again, but he said "Is your son at home?" and he told me he was in prison and had two months' hard labour for assaulting the police—it was on Tuesday or Wednesday night, when I saw Murphy the second time.
MARY CONNER . My husband is a bootmaker, of 8, Long Lane, Bermondsey—he has made and repaired boots for the prisoner—on 20th or 21st September, Thursday and Friday, I had to call for the prisoner's boots—he was sitting down with a book in his hand, and said he was
poorly—ho asked me to bring the hoots on Monday—I look them away and left him there, and I thought he was in the act of going to bed.
GUILTY . was further charged with a precious conviction in November, 1870, to which he
PLEADED GUILTY**— Five Years' Penal Servitude.
MR. PURCELL conducted the Prosecution; and MR. FRITH the Defence.
EDWARD TYLER . I am a jeweller, of 42, Exmouth Street. Clerkenwell, and have a shop at 106, Gray's Inn Road—on 15th November, about 10.15 p.m., a woman made a communication to me—I went to my shop and found the prisoner and throw policemen inside—I had left it safe at 8.30, leaving no on there, and securing it by two padlocks—when I went back the lower padlock was gone and the upper one wrenched open—I missed about 21 pairs of car-wires and some copper rings, value four guineas—there were marks just below the Jock of a bar or chisel being put there to force the door open—there is a shop and parlour and the entrance to the house is down a gateway—I fastened it from the other door, not the door leading to the street—that was closed by shutters—my young man sleeps in the parlour, but he had gone out.
JAMES EDGAR WOOD . I live at 102, Gray's Inn Road, two doors from this shop—on 15th November, about 9.30 p.m., a boy made a communication to mo, and I went round to the gateway at the back of the house and saw three young men standing in the gateway—they joined the prisoner, who was standing at the corner of the lane, three doors from Mr. Tyler's hop—I told a constable.
Cross-examined. There was no crowd—I was about 14 yards from the prisoner—his face was towards me, leaning over a lamp-post.
WILLIAM CAPON . I live at 88, Gray's Inn Road—on 15th November about 9.30 I was in the gateway near the jeweller's shop and saw two men in the doorway near the shop with the Prisoner—it is the passage of a house—one man had a chisel, which he put under the screw and wrenched it off—they were about five minutes wrenching the lock off—they struck matches to get a light—the prisoner was close to me, and ho aid, "Here is twopence for you to say when the policeman is coming"—I did not take it, but went away and told Mrs. Wood.
Cross-examined. I am nine years old, and go to tit. Albans school—I have not been charged at Clerkenwell police-court with stealing—I was looking at the prisoner, nothing else—I had never seen him before—it was rather dark—there was not a dozen people about, nor six—nobody was looking.
Re-examined. I live a few doors off—another man struck the matches, and there was light enough for me to see their faces—I am quite certain the prisoner is one of the men—I have never stood in the dock at Clerkenwell.
JAMES BLACKMAN (Policeman G 319). On the night of the 15th November a boy made a communication to me and I went to Black horse Yard and met Wood, who also made a communication, and I concealed myself behind a curt, and saw the prisoner and throe other men come down—the prisoner and another man went inside the passage—the other two men followed them down and stood at the corner of the court—I was
four or five yards from the prisoner when he passed—Mr. Wood crime out, and they all ran away past me—I still kept concealed, and they all three came back, and I heard the prisoner say to Capon, "Here is twopence for you; go to the top of the court and see when a copper is coming"—they all whispered together, and the prisoner ran a short distance and came back—I then went up and asked him what he wanted down the yard just now—he said that he was waiting for his girl, who lived there—I did not see any girl—I told him I should take him into custody—he said that he did not know anything of the affair—the others ran away—I found the two padlocks broken off, and a mark on the door.
Cross-examined. (I was peeping from behind a cart, and saw his face—there was a light at the top of the passage, 5 or 6 yards from the cart—this is a passage leading to Gray's Inn Road—there is no public-house within 100 yards of it—there was no crowd.
Witnesses for the Defence.
FRANCIS SILLS . I am a sawyer, of Leather Lane—on 15th November I saw the prisoner taken—he was standing in the crowd looking, as they said that there had been a robbery—Miss Lindley had hold of his arm—I had seen half a dozen chaps in Portpool Lane a quarter of an hour or twenty minutes before—I should know them again—they said that it was no go, they could not get in that night—I saw them standing outside a stable, and saw them run down Portpool Lane from the direction where the burglary took place—I have known the prisoner by sight 18 months—I am no relation of his—I am attending to-day on a subpoena—the prisoner is not one of the six men I saw running—the passage was dark.
Cross-examined by MR. PURCELL. He had hold of Miss Lindley's arm at the time—she was taken in custody—I was not at the police court—Blackman called to see me, and asked whether I knew anything about the affair—I did not say that I did not; I said that I saw half a dozen chaps run up Portpool Lane.
Re-examined. He did not try to prevent my coming here.
LINDLEY. I work for Mr. Lindley, my cousin, a print-colourer, of Judd Street, and live with my mother at 47, Portpool Lane—on the night the prisoner was arrested I saw the prisoner outside Collett's, in Gray's Inn Road, at 9.20—I had made an arrangement to meet him there—I left work at 9.10—I know that because I looked at the clock at the doctor's shop, and it takes me 10 minutes to walk the distance—I went with the prisoner to my mother's, and left him at the top of Portpool Lane to get my waterproof; I was gone about three minutes—during the time I was gone I heard the young man whistle, and turned back and asked what he wanted—he said that the police would not let him stand there, he had better move on—there were not people in the street then—I had only gone to the first flight of stairs, because a person told me that my mother was not at home, and I came down again—he was then standing at the same place, at the street-door—he did not appear to have been running—we then stood there about a quarter of an hour talking, and went to the top of the lane and saw a crowd—I went and asked what was the matter—I had taken the prisoner's arm, and was holding it when he was taken in custody—I said to a gentleman in the prisoner's presence "You saw us come," did not you?"—he said "Yes"—I told the policeman that he had made a mistake, and my mother went to speak for him, but they nearly pushed her under a cab—I did not go before the Magistrate
the first time, but on the second occasion I heard Mr. Peckett offer to call witnesses, but the Magistrate said that he intended to commit, and he reserved his defence—the prisoner is a printer at the Daily News, and is employed at night—the passage is very dark; we cannot see the door till it is opened, and then the light shines in the yard.
Cross-examined. Portpool Lane is close to the jeweller's shop—I had just left my work—I very frequently meet him about 9.20 when my work is over.
Re-examined. Next day he was charged at the police-court, and that day week was the remand, when I went to the police-court and was ready to give evidence.
Evidence in Reply.
JAMES BLACKMAN (Re-examined). I went to Sills's house by orders, and asked him whether he knew anything about the burglary—he said that he knew nothing about it whatever, and his brother said the same—when I took the prisoner in custody I did not see the last witness at all—she had not got hold of his arm—I never saw her, and if she had been there I am quite positive I must have seen her.
NOT GUILTY .
NEW COURT.—Saturday, Dec. 15th, 1877.
117. WILLIAM WEBB PORTER (44), PLEADED GUILTY to two indictments for Embezzling the sum of 9l. 9s. 6d., and other moneys, received on account of Frederick William Skerry and another, his masters; also to Falsifying divers books of his said masters, having been previously convicted of felony in January, 1868— Ten Years' Penal Servitude.
MR. THORNE COLE and MR. D. METCALFE conducted the Prosecution;
MR. STRAIGHT defended MILLER.
ISAAC PARKER . On Saturday night, 11th November, about 12.10, I was in Warren Street, Euston Road, with my wife, and MR. NEW MARSH and Mr. Benney were standing wishing one another good-night, when Miller came up, looked at us all, said "All right," and ran away., and half a minute afterwards he came round a corner with 15 or 20 young chaps who I cannot recognise—Miller hit me across my mouth with something harder than his fist, and the other struck me, but I do not know who they were—I felt something at my right-hand trousers pocket, and afterwards missed about 6s. from it, which was safe while I was standing there—I went into a small linendraper's shop, and my wife came in after me—a constable came up, and I gave information—I was taken to the hospital and bandaged up—I saw the prisoners at the station on the Tuesday night, and identified Miller.
Cross-examined by Fryer. I was in the Masons' Arms on the Saturday night and on the Monday night—I did not quarrel with anybody.
Cross-examined by MR. STRAIGHT. This was not outside the George and Dragon; the nearest public-house was 100 yards off—I had just come out of a beershop—Benney and I had been at our working-men's
club, and my wife had been marketing—we had a glass of ale at the beershop, that was all; we had not been to any public-houses—we had three pints of ale at the club between four of us—the Mason's Arms is about 50 yards from where we were standing—the policeman has not put the idea into my head that I was struck with something harder than a fist—I thought so at the time. (The prisoner Miller here exhibited his wooden arm, which terminated in an iron plate, stating that he had lost the hook for some month.) Miller was wearing a blue tie on the night I was struck, but I do not recognise him by that.
Re-examined. I was perfectly sober, and had had no quarrel at the Masons' Arms—the club meets near Trinity Church, but not in Cleveland Street (producing his ticket of membership).
ANN PACKER . I am the wife of the last witness—I was with him at the corner of Cleveland Street and Warren Street, and Mr. Benney and Mr. Newmarsh, when Miller came up, looked at us, and said something which I did not understand and walked away, and in a minute or so he brought 15 or 26 men all of a rush—Miller struck my husband across his nose, and I was struck and had my eye cut—my husband rushed into a linendraper's, and I followed him—he was followed by two or three, who struck him as fast as they could—I lost a piece of meat which I had bought.
Cross-examined by MR. STRAIGHT. I mean to say that three or four of them actually followed my husband into the shop—I cannot recognise them—I was stunned by the blow, and was clinging round my husband's neck—I said before the Magistrate that Miller struck me, because it was the same blow which struck my Husband, and I was clinging to him—I said "I protected myself as well as I could, and Miller struck me on the nose and made it bleed"—I believe Miller was wearing a blue tie—I mentioned that it was a man with a blue tie at the station, but said that I did not know his name.
JOHN BENNEY . I live at 22, Carburton Street, Fitzroy Square—on this night I was with Mr. and Mrs. Parker and Newmarsh in Warren Street, Fitzroy Square, from 12 o'clock to 12.10, and as we were wishing one another good-night I heard a rush of feet, and saw a lot of young men run up the street, and all at once I was crushed and cut about the head in two or three places, and was carried to the hospital in a cab—a snatch was made at my watch-chain, but I put up my hand and recovered it, and the man let go—I lost 5s. 10d. from my pocket—my head was cut open, which could not be done by a fist—I was perfectly sober—neither I or any of my friends had had any quarrel with the prisoners—I had been at the club, which is a perfectly respectable place, and left there about 11.15.
JAMES NEWMARSH . I am a joiner—I was with Parker and his wife and Benney—some young man came up and said "You had better go off, I don't know why you want to interfere with us," and about five minutes afterwards we were all surrounded and I was knocked down—by the time I got up and got my hat they were all gone.
WILLIAM MAYBICK . I am a carpenter, of Great New Street, Fetter Lane—on Sunday morning, 11th November, I was in Great Cleveland Street, about 12.10, and some one came running round and said to the prisoners "I want you, there are three men who have been knocking me about"—the prisoners said "Where?"—he said "Bound in Warren
Street"—they all made a run and I ran as well, and when I got there I saw the prisoners knocking the man about—I identify all of them, I knew every one of them before—I saw them all strike blows—they ran away when the constable was coming.
Cross-examined by Walters. I saw you all talking together outside the George and Dragon—I saw you knocking these men about. (The gaoler here stated that one of Walters's arms was paralysed, and that he had to lift it with the other hand to move it.)
Cross-examined by Fryer. I saw you strike blows.
Cross-examined by MR. STRAIGHT. The police did not threaten to charge me—I spoke to the constable immediately it was over—he did not speak to me—I asked him for their numbers—I know Miller well—I did not tell the constable Miller was one of them, I did not mention any names—I first mentioned Miller's name at the station, on the 13th—I ran with the rest—I saw Parker go into the shop followed by two or three, and I think Miller was one of them—I took the policemen's numbers but did not go to the station till Monday night; I then gave Miller's name and others—I did not know his address—I had been at the Masons' Arms for about two hours with my father, but he had gone home; we were not drinking all the time—the Masons' Arms is about a minute's walk from the shop into which Parker went—Miller was wearing a blue tie—I know a boy who goes by the name of Fairy Bill; he has light hair—I don't know where he lives—I have been told that he has disappeared—I was quite sober.
HENRY SHARP (Policeman E 221). On 12th November, about 12 o'clock, I was on duty in Cleveland Street, and saw Bacon, Fryer, and Lloyd going towards Warren Street—shortly afterwards I heard cries of "Police," and saw Parker and Benney bleeding—I got them info a cab to go to the hospital—I did not see Walters there—he is paralysed in one arm and walks in an odd way.
Cross-examined by MR. STRAIGHT. I saw Maybick and gave him my number; he told me that he knew all the prisoners, and I told him that he would be able at any time to get them arrested.
ALFRED BROWN (Detective Officer E). On 13th November, about 9.30, I went to a beerhouse in Cleveland Street and saw Bacon—I told him 1 should take him in custody for assaulting and robbing a man in Warren Street, on Saturday night—he said "I was not there; I can prove by Mr. Turner, the landlord of the beerhouse, that I was not there"—this was the Masons' Aims—at 10.15 the same night I took Walters; he said that his mother could prove that ho was not there, for he was in bed at the time—Carburton Street is about three minutes' walk from Warren Street, and Great Tichfield Street is about the same distance; Fitzroy Place is about four minutes' walk; Drummond Street about 10 minutes' walk, and Tottenham Street about five minutes' walk.
ALFRED LEE (Detective Officer E). I met Miller about 10.30, and told him I was going to take him on a charge of assaulting and robbing Isaac and Ann Parker and others—he said "I know all about it, I was there, but I was not the one that knocked them about, it was Fairy Bill"—I took Lloyd and told him the charge; he said that he was at home blind drunk and knew nothing about it—never was with him.
Cress-examined by MR. STRAIGHT. I took Miller at his father's house, 99, Cleveland Street.
JOHN BEDDING (Policeman E 242). On 13th November I took Fryer and Brown and told them the charge—he said he could prove his innocence and he would have a try at it. The Prisoners' Statements before the Magistrate: Walters says, "My father can say I was in bed at 20 minutes before 12; I know nothing of it." Fryer says, "I was in Coventry Street at 11.55, I came down Cleveland Street, and when I got to the corner of Buckingham Street I heard that there was a row, but walked on and walked back, as I did not want to get into it." Lloyd, says, "On Saturday night I went into the Masons 'Arms; I had a drop too much, and went home at 10.30 or 10.45; I have two witnesses to prove I never was out." Bacon says, "I was at the Masons' Arms at 11.45. I went home, one of my mates went with me. I met another mate at the corner of Mortimer Street. I have witnesses to prove I was at home at 12 o'clock. I know Lloyd, but I don't know the other three."
Witnesses for Miller.
GEORGE MILLER . I am porter to a confectioner, and live at 99, Cleveland Street, Fitzroy Square—Miller is my son; he was 21 last August—I remember his being taken on Tuesday, 14th, and remember the row the Saturday before; he was going oat that evening to see his young woman, and before he went out he asked for a clean collar; his mother said she had not one ready for him, and he put on a tie without a collar, saying it would be warmer—am prepared to say that he had not a blue necktie on that night—he has had regular employment two years and a half, and his master is here—he has always been a sober, industrious young man—he lost his hand by being crushed in some machinery, and has a stump, but no hook to it; he lost the hook six or seven months ago.
Cross-examined by MR. COLE. This is the first time I have given evidence—I heard that this was all through a blue tie—he only has two ties as far as I know, this one (produced) and a blue one—the tie which he has on now a party gave him after he was taken in custody—he was out on bail.
By the JURY. He only had two ties on that Saturday night, this one and the blue one—I have got the blue tie here—this is not the one he wore, this is what he calls his Sunday one—the blue one is the best; the one I have in my hand he were on the Saturday night.
By MR. COLE. He has been charged with felony once before at Marlborough Street—I-can hardly tell you what it was for, some charge about a hammer, I think—he works somewhere in Percy Street—I do not know the number—the Magistrate discharged him—he was admitted to bail in this case, but afterwards bail was refused in consequence of threatening the witnesses.
Re-examined. He was out on bail during the examination before the Magistrate, and he went and expressed himself pretty strongly to Maybick—a party living in the parlour made him a present of the tie he is wearing.
ELIZA MILLER . The prisoner Miller is my son—he was taken in custody on Saturday, 10th November, and on the Saturday night before that he asked me if I had a clean collar for him—I said "No, you must wait"—he said that he would not wait—I said "Then you must go without"—he said "Then I will put on my thick tie"—he put on a very dark tie; I am quite sure the did not put on his blue one—the tie he has on now was given him by Mrs. Fifer in my parlour a fortnight or three weeks
ago, after he was charged and was out on bail. Q. Has he been a quiet, inoffensive boy? A. If I speak the truth I cannot say anything about my son; he is like other young lads, a little bit up sometimes, and very quick in his temper—he was in regular work, and he helps me as much as he possibly can.
Witness for Walters.
MRS. WALTERS. I recollect my son being arrested on a Tuesday nigh,—on the Saturday before that he was in bed at 11.40—I took him some breakfast to the station on the Wednesday morning, and then I recollected that he was in bed at 11.40 on the Saturday—Mrs. Routledge lives in the same house with me on the first-floor front.
Witnesses for Lloyd.
ELIZABETH MERCER . I live at 194, Great Tichfield Street—Lloyd has lived with me three years, and always paid his rent regularly—he came home on this evening the worse for drink, and did not go out again—I persuaded him to go to bed before my husband came home, and he did so—he was taken in custody the next Tuesday night—he has never had a stain on his character—the young man is nothing to me, I am simply speaking the truth—he would not go out without my knowing it—at 20 minutes to 11 I went into the room and covered him over with his greatcoat, and when I came back from market it was 11.20.
Cross-examined by MR. COLE. The last time I saw him was 11.20—he has slept in the same room with my son for two years—the last time I saw him was 12 o'clock, when I put the gas out, when I covered him up with his great coat because he was cold—he had his clothes on—I haves friend in Court who will tell you the same.
ELIZABETH JONES . I have known Lloyd more than two years—I do not live at Mrs. Mercer's house, but I go there very often, and I went there that evening between 10 and 11 o'clock—he was very drunk, and Mrs. Mercer asked him to go to bed, because she did not wish her husband to see him—he slept in the back kitchen, and I saw him go in there to bed.
Cross-examined by MR. COLE. I left him just at 12 o'clock to go home; I am quite certain he was in bed then.
Witnesses for Bacon.
WILLIAM LANGLEY . I live at 32, Drummond Street—on Saturday, November 10th, I was at the Masons' Arms—Parker was there, and he came out with the landlady—I went with her as far as Marylebone Street—I saw the prosecutor standing outside the Masons' Arms—there was no row then.
ROBERT MARKS . I am a labourer, of 13, Fitzroy Place—I have known Baker a number of years, by working with him—I met him on this Saturday night about 3 minutes to 12 going home—Mrs. Cave, his landlady, was with him, and nobody else—I shook hands with them and wished them good-night, and they went one way and I the other.
CAROLINE CAVE . I live at 15, Little Compton Street—Bacon has lodged with me just upon 10 years—I was with him on this Saturday night—we went to a benefit for a young man who was out of work—I put my 6d. down and he put his 6d. down, and we came out at a quarter to twelve or a minute or two before, and a little lower down we went in and had a drop of beer, and then went straight home—just by the hospital a young man and woman knocked up against us—they said
"We are too late to get anything to drink," and went straight home—he was in bed by 12.10.
SAMUEL WELLS . I am a builder, of 4, Riding House Street—on 10th November, at 5 or 6 minutes before 12, I saw Bacon in Cleveland Street with Mrs. Cave, making his way towards Oxford Street—I have known him eight years off and on, and always found him a very honest young man.
Fryer's Defence. On this Saturday night I went to meet a young woman who was in service at Arundel Street, Coventry Street, and I went to her place at King's Cross and left her at 5 or 10 minutes to 12—she works at an hotel, and had to be in before 12—when I got to the corner of Cleveland Street there were a lot of chaps who I knew, and I heard somebody say "They have been knocking me about at the corner"—I went to the corner, but merely looked on—I went home, and Maybick passed by me and looked at me, but said nothing, as I had a quarrel with him last Bank Holiday at the Masons' Arms, and have never spoken to him since—this man is very intimate with the landlord of the house, and I believe I am put here through spite—on the Tuesday evening I and Lloyd waited outside talking, and we went to the Middlesex Music Hall, and Maybick looked in at the door and said "There is another one"—the prosecutor came in and the inspector said "Do you recognise any of them?"—he said "I recognise one, I know him by the blue tie"—I was merely there looking on; it had nothing to do with me:
Lloyd's Defence. None of the witnesses spoke to me, and my witnesses prove that I was in bed.
Bacon's Defence. I was a perfect stranger—they said "You are taken for another man, George Butler, who is just like you."
NOT GUILTY .
The witnesses for the Prosecution repeated their former evidence, and the evidence of the witnesses for the Defence was read over to them, to which they assented.
NOT GUILTY .
MR. D. METCALFE conducted the Prosecution.
WILLIAM GOULT . I live at 124, High Street, Whitechapel, and am the prosecutor's son—I went out on the evening of 23rd November, about six, leaving the place secure—there is a store room in the back yard with a stout window frame, but no glass looking into the yard—there is nothoroughfare through the yard—any one getting into the store-room can get into the house, as there is a door from it.
Cross-examined by the Prisoner. The store-room never was a wood house—I have not said so—I did not see you there.
RICHARD BARBER (Policeman 244 E). On the night of 23rd November I went to this yard about 11 o'clock—I noticed that the window frame was broken, and this is a piece of it produced—I looked inside the ware-house and saw the prisoner crouched in the corner—I asked him what he was doing—he said he was a watchman there—I asked him who he was employed by—he would not tell me—I made him come out and
took him to the station—he said in answer to the charge that he went in the yard with a woman, and that he was not in the warehouse at all—no one could get in the warehouse without breaking the window.
Cross-examined. You rang the house-bell—you said "I was there for no harm"—you were not in the gateway, but inside the warehouse.
By the COURT. Barrels of flour and boxes of raisins are stored in this warehouse—I saw no woman there—there is a shutter inside the window—I went on two occasions—on the first it was all safe—I did not notice whether the shutter was up.
Prisoner's Defence. This shed is all woodwork, and the gentlemen could not tell who owned it—there are some scaffold poles and things in it—how could I carry away barrels of flour if there were any, but it is not a likely place to put it.
GUILTY — Twelve Months' Imprisonment.
MR. STRAIGHT conducted the Prosecution.
WILLIAM SMALES . I am a cellarman to Messrs. Ching, wine merchants, of Tavistock Street, Devonshire Square—on 28th November I packed some bottles of wine into a case and put straw in, and properly fastened it up and curded it, and addressed it to Mr. H. Ellis, of Stevenage.
CHARLES ASCOMB . I am a carman employed by the Great Western Railway Company—on Saturday, 1st December, a box was loaded on my van at Paddington, and I took it to King's Cross—it was in good condition.
GEORGE HAYES . I am a checker employed by the Great Northern Railway Company—on 1st December I received goods from the last witness addressed to Mr. Ellis, of Crofton Lodge, Stevenage—the box was left on the platform in a sound and secure state.
JAMES MESSER . I am a porter at the King's Cross railway-station—on December 2nd I loaded a box into truck No. 10464, for Stevenage—it was then in a sound condition—I saw the prisoner that morning on the platform—he was employed by the company to attend to the sheeting.
ALFRED WOOD . I am a number taker to the Great Northern Railway Company—I entered truck No. 10464 in my book—at that time the truck was sheeted over and apparently all safe—it was dispatched to Stevenage.
Cross-examined by the Prisoner. I took the number between seven and eight on the Sunday morning—the truck stayed there all day, and till 3.40 a.m. on Monday.
THOMAS RAY . I am employed at Stevenage station—on Monday, December 3, truck No. 10464 arrived at Stevenage—I took the sheet off and saw a box open, the string having been cut; the cover was lifted and only eighteen bottles were found.
WILLIAM TODD (Policeman 300 Y). On Sunday morning, 2nd December, at 3.45, I found the prisoner in Cambridge Street very drunk—I took him to the station and searched him—I noticed a bottle in his pocket, the neck was stepped to his body—his blouse was over it—when he was sober he said he supposed one of his mates put it in his pocket.
The Prisoner's Statement before the Magistrate. The bottle I had in my possession, how I got it I do not know.
Prisoner's Defence. This truck was standing in the shed for twenty-four
hours after it was loaded—I say now as before I am innocent of stealing the wine—I own I had a bottle in my possession—I say nothing more.
GUILTY — Twelve Months' Imprisonment.
OLD COURT.—Monday, December 17th, 1877.
Before Mr. Common Serjeant.
MR. TAMPLYN conducted the Prosecution and MR. FRITH defended Andrews.
GEORGE REED . I am manager of the White Hart:, kept by Mrs. Marchant, at the corner of Old Street and Bunhill Row, St. Luke's—on 17th November I saw that the house was properly secured from I to a quarter past—at 4.15 I was disturbed by the police—I then found the door of the bar locked, which I had left open—a lot of books were thrown about, tills pulled out, and a metal safe which was let into the wall was taken, containing 22l. 9s. 2d., also about 40 boxes of cigars, some gin, some spruce, and a coat—I know the prisoners by coming to the house as customers for the last three weeks, and they were in the house the night before up to 11.30 or 12—I found this crowbar in the house—I have since seen, the safe and the spruce—the back door leading from the yard was broken open, and an entrance effected by taking out the window and undoing the bolts.
THOMAS BROWNING (Policeman 21 G).—On 17th November, at a quarter to 4 a.m., I observed the front door of the White Hart open—I called the people up—I found this crowbar in the bar-parlour—the back door had been broken open, and was standing open—in consequence of what the witness Frost told me I went to No. 4, Wakefield Place, at a quarter past 4; it is opposite the White Hart—I there found the grandmother of the two Winslows, and in a sack in the room I found 14 boxes of cigars—I know that the Winslows lived in that room—a bottle of spruce was handed to me by 302 G, which Reed since identified—about 7 that morning I saw the two Winslows in custody with the grandmother, and in answer to something which she said William replied "I only took them upstairs."
THOMAS RANDALL (Policeman 302 G). I took John Winslow into custody in Bunhill Row—I told him the charge—he said "All right"—at the station he said "I was engaged by Andrews to wheel the truck from the end of Bunhill Row to the corner of Old Street, City Road, for which he gave me a shilling."
Cross-examined by MR. FRITH. I did not mention Andrews's name at the police-court, but John Winslow did—he said "I was engaged by Andrews that used to live up our court"—Andrews was not in custody then.
EDMUND FROST . I live at 4, Wakefield Place—the two Winslows lived there over my head—I know Andrews—on the morning of the 17th, a little before 1, I was disturbed by a noise, and a little after two my wife went out on the landing and said "What are you making that row
for downstairs?"—John Win slow stepped back from the street door to the end of the passage and said "It is only me, Mrs. Frost"—some time after that he brought something up on his back, and I heard him smash it down on the floor—the grandmother asked what he had got there—he said "Never you mind," and away he ran downstairs—some time after that I heard a going backwards and forwards in the passage by a rare lot of them—I got up and looked out of window, and there I saw William Winslow and I asked him what was his game down there—he said "It's all right, Mr. Frost"—I said "I don't think it is quite so right"—he was standing in the court between my door and the shutters—I went into bed again, and then I heard a barrow or something come down the court bumpaty bamp; it sounded very heavy, and I heard Andrews say "Mind the handles"—I saw him when I looked out of the window, and the two Winslows and some more that I have not seen since—they had a costermonger's barrow or truck; it stood under the archway leading to the court—afterwards they took it away—I got up and went and told the policeman who was standing on the opposite side that some people over there had been having a ball-room dance.
Cross-examined by MR. FRITH. I once had seven days for tossing, nine years ago—I have never been convicted of felony—I have not said I would not come against the prisoners if I had 2l. out of it—I work at the Imperial Gas Works, King's Cross, and when I am doing nothing else I am a costermonger—I gave evidence at the police-court at first, when the Winslows only were there—I then said "There was also another man there"—I mentioned Andrews's name; I did not mention about minding the handles.
FREDERICK GREGORY (Policeman G 314). On 17th November I was on duty in Wakefield Place about 2 a.m., and saw the three prisoners together—I asked them what they were waiting there for—the two Winslows said they were going to the brewery before long, it was no use going to bed—I asked. Andrews what he was waiting there for—he said he was going to market presently—knowing that the two Winslows lived there I went away satisfied—I saw them again the next time I went round the beat, about 2.15, but Andrews was not there then—about 3.20 I saw him with the others at the corner of Wakefield Place—they had a barrow with a costermonger's board on it, and two baskets and two trestles—as I was walking by they pulled the barrow back into the court to allow me to pass, and Andrews said "Well, George, I think it is about time we started to go to market now"—about 7.20, in conesquence of directions from the inspector, I went with Randall, and took the Winslows into custody—I told them it was for being concerned in a robbery at the White Hart—William said "I don't know anything about it, I was at work at the brewery"—at the station he said he had left a man named Andrews wheeling the barrow towards the City Road.
THOMAS MAYNARD (Police Inspector). I took Andrews into custody on 29th at a beerhouse at Hoxton—he struggled violently, but we secured him, and took him to the station, and charged him with being concerned with the others—he made no reply to the charge.
The Winslows in their defence denied all knowledge of the robbery, and asserted that Andrews was not the man who the witnesses saw with them, but another man of the same name.
ANDREWS and JOHN WINSLOW also PLEADED GUILTY to previous convictions of felony.
ANDREWS**— Ten Years' Penal Servitude. JOHN and WILLIAM WINSLOW— Five Years'Penal Servitude.
MR. D. METCALFE conducted the Prosecution.
NOT GUILTY .
OLD COURT.—Tuesday, December 18th, 1877.
Before Mr. Common Serjeant.
WILLIAM JOHN GOUGH . I am a clerk in the office of my late father Mr. John Gough, of Kirby Street, Hatton Garden—the business is carried on by his executors—Mr. Joseph Nevett is one—on 30th June an account was outstanding to Messrs. Bainbridge and Co.—I handed to the prisoner this cheque to pay it. (This was dated 30th June, 1877, drawn by A. Gough, R. Bishop, and J. Nevett, on the London Joint Stock Bank, in favour of Messrs. J. Bainbridge and Co., for 29l. 14s. 4d., and was endorsed "J. Bainbridge and Co.," being made payable to order, and not crossed.) I also handed him a cheque—for 5l., and another for 32l., telling him to hand me the proceeds of the 5l. cheque—the other cheque was to pay the wages—the prisoner had Messrs. Bain bridge's account—he went out saying he was going to the bank—he returned in about 40 minutes or an hour with the change for the 32l. and the 5l. cheques—the 5l. he handed to me, and paid the men with the 32l.—he brought me this account receipted on 2nd July for 29l. 14s. 4d.—the receipt is '2777. Received by cheque for Gray Bainbridge and Co., J. F. Y." It is like the prisoner's writing—the endorsement on the cheque for 29l. 4s. 4d. is also like his writing—it is "J. Gray Bainbridge and Co."—he had asked for an open cheque, as he said Bainbridge's had no banking account—we had also customers named Plambeck and Co.
Cross-examined. We had a foreman named Richmond in December, 1876—the prisoner was never manager, Richmond was—I believe I said at the police-court the prisoner was managing clerk—he had no works of his own to my knowledge—I do not recollect his showing me an order he had received for a steam winch—he said he had entered into a contract with Gordon—he did not tell me it was a steam winch—we undertook to make a steam winch for Mr. Gordon—the prisoner said the order came to Gough and Co.—the work was introduced by the prisoner—Bainbridge's account was for goods supplied to Gough and Co., including the Gordon steam winch which the prisoner introduced—he was to introduce the customers, and we were to manufacture—A. Gough and Co. are general engineers—a patent press is one of our specialties—Richmond went into business and took our shop foreman and some of our men—we have two rooms, one as an office and one as a store—we should all be in the same room—the prisoner asked me for the cheque—I only know of his paying money out of his own pocket for the firm once—Mr. Nevett, the acting
executed, is a bookbinder, and employs a largo number of hands—he comes every morning and stays an hour or so—I will swear that—as a rule he stays longer than five or ten minutes—the time varies—he was not there when I gave the cheque to the prisoner—I went to his place to fetch it—I believe he was there when the prisoner asked for it—the prisoner did not say "I have an account to arrange with Mr. Yarrow and shall try for an allowance"—I have known the prisoner about two years—he has introduced other articles to manufacture besides the steam winch, viz., Cole's patent sash, of which he is the proprietor—I do not recollect anything-else—I said at the police-court he had introduced other articles—I know Holder Bros.—the prisoner went there—they do not make the steam winch—I do nut know of an account paid by the prisoner to Mr. Rowe—I never heard the name—a Mr. Pearson has worked for us—I have seen a Mr. Greenfield at our place, but not to speak to him—I do not know that the prisoner did business with him or paid him 2l. 5s.—the prisoner would pay for railway carriage, &c., out of petty cash, and not out of his own pocket—a cheque to the prisoner would be made payable to bearer—he has never to my knowledge endorsed cheques in the names of the Great Northern Railway Company nor the Grand Junction Canal Company, nor the London and North Western Railway Company—I believe these cheques were made payable to bearer—I do not know that the prisoner has put his name on cheques payable to Mr. Bedford for work done for us and recouped himself—I cannot swear he has not—I do not believe he endorsed a cheque for 20l. on 20th August payable to Messrs. Plambeck and Darking, and paid an account of ours to Mr. West—I do not know of an account with Mr. West—the prisoner complained of our foreman insulting him—he stayed away a week—I do not believe it was for that—he wrote several letters and telegrams saying he was going to return, but he did not—he was taken into custody on the Sunday—I opened his desk—I left the papers as they were—the foreman was with me—my initials are "W. J."—in July and August I believe I and our foreman prepared an account of all the wrought and unwrought work belonging to the steam winch upon the premises in order that the prisoner might value them.
Re-examined. We are described on our bill-heads as "Printers', stationers', bookbinders', press, machine, and steam engine makers"—Mr. Nevett has an office a few doors off—about the 27th August the prisoner claimed 17l. which he said he had paid to Messrs. Plambeck and Darking—we gave him a cheque for 25l. on the Saturday, and on the Monday he handed me a receipt for 42l.—we had not discovered this forgery when the prisoner went away, and not till four days afterwards when Gray and Co. applied for the account—the prisoner did not come back as he said in his letters, and I gave him into custody at Gravesend.
JOSEPH NEVETT . I am one of the executors of the late Mr. John Gough, and with the other executors still carry on the business in Kirby Street, a, few doors from my offices—I go every morning about 9 and stay as long as anything requires my supervision—it was the prisoner's duty to send in all cheques on Friday that were required on Saturday, when I either assented or dissented—in June Gray and Co.'s account was mentioned, and I gave the prisoner this cheque on the 30th the 29l. 14s. 4d.)—he said Mr. Yarrow, their manager, was ill, and they were settling their accounts—the cheque has been returned to me as paid through my
bankers—the receipt was handed to me on the Monday—in November Messrs. Gray and Co. applied for payment of their account—steam winches were made on our premises and supplied to customers—we never made any for the prisoner—he was clerk, cashier, and timekeeper—Richmond was the manager—when he left no alteration was made in the prisoner's position—I then managed myself.
Cross-examined. We only use one cheque-book—our cheques are made payable to order—they are sometimes altered to bearer—I speak to the best of my belief when I say the receipt was given to me on the Monday—I know nothing about the prisoner's desk being opened—he wrote to me and said he would come and settle accounts and leave the firm, or something to that effect, and complaining of the foreman—he wrote several letters—he was not given into custody the day before he appointed to settle.
Re-examined. The prisoner gave me no intimation of his going away—the foreman complained of him.
JOHN THOMAS YARROW . I live at 123, Tottenham Road, Holloway, and was winding up the affairs of Messrs. Gray Bainbridge and Co. in June last—the account produced was then owing to us (for 29l. 14s. 4d)—it was sent in in March—I did not ask the prisoner for an open cheque—the firm had no banking account—most of our accounts are paid by crossed cheques—I never received this cheque for 29l. 14s. 4d.—our account has not been paid—I applied again for it in November—the initials "J. F. Y." on this receipt are not mine—mine are "J. T. Y."—I did not authorize any one to write that.
Cross-examined. I have known the-prisoner about a twelvemonth—I do—not know anything against his character—I asked him whether his firm would take up the patent of a printing-machine—I did not know that the prisoner was the proprietor of several inventions.
Re-examined. I only knew him as clerk to A. Gough and Co.
FREDERICK WILLIAM CLARK . I am a cashier to the London Joint Stock Bank in Charterhouse Street—on 30th June the three cheques produced were brought to me in change for the 29l. 14s. 4d. cheque—I gave four 5l. notes, Nos. 68621 to 68624, and cash.
Cross-examined. The prisoner has brought cheques—I cannot say that I have cashed any with the names of other people in his writing—many are altered from "order" to "bearer"—I do not know the prisoner's writing.
ADOLPHUS PLAMBECK . I am one of the firm of Plambeek and Darking, engineers, of 171, Queen Victoria Street—A. Gough and Co. were indebted to us in June last to the amount of 121l.—on the 30th June I met the prisoner in the street—he paid me two 5l. notes and 1l. in gold on account—I do not know if it was all on the same day—I paid them into my bank—I told the prisoner I must have the balance as quickly as possible—I received a further payment of 47l. by cheque, which I paid into the bank on 9th July—the account is now paid—a cheque for 25l. was also paid—I forget the date of that—I believe it was in July—I gave the prisoner this receipt for 42l.—he asked me to include the 25l. with the 17l. owing in one receipt.
Cross-examined. I have known the prisoner nine months—I only (did. business with him for the firm of Gough and Co.—I never heard much about him, but I believed him to be a clever engineer—I pressed him for
the account and told him that when I got it I would got a cheque for the 17l. and repay it to him, and upon that promise he gave me the 17l.—I disappointed him.
Re-examined. I believed the prisoner to be the responsible manager of A. Gough and Co., but I have heard different statements since.
JAMES HILL (Detective G). On 19th November I apprehended the prisoner at 10 a.m. at Gravesend—ho was then in the custody of the Gravesend police—I told him I was a constable, and that he would be charged with embezzling 29/. on 29th of June last, the moneys of his employers, Messrs. Gough and Co, also with forging their name to a cheque—he made no reply.
GUILTY — Twelve Months' Imprisonment.
MR. ISAACS conducted the Prosecution; and MR. DOUGLAS METCALFE defended Ray and Hutchings.
SEPTIMUS LINNELL . I am a cheesemonger, of 175, Lewisham Road, Deptford—on 23rd November, between 4 and 5 o'clock, I missed a cask and 99lb. of butter, value 6l. 14s.—I had last seen it safe about 4.20—a policeman came to me shortly after 6 o'clock—I afterwards saw the cask in the hands of the police and identified it.
GEORGE ROSE (Policeman P 505). On 23rd November at 6 o'clock I was on duty at Lewisham High Road, at the corner of Brockley Road, and saw four men standing opposite Mr. Grundy's house, 8, Brockley Road—these four men are in Court—I walked towards them, and they walked away, but returned to the same place—I walked towards them again, and they came towards me, two on one side, and two on the same side as I was—when I got opposite where they were watching, No. 8, I looked into the front garden and saw a cask standing at the front door—I knocked at the door and asked if it was the gentleman's property—I saw the wit-ness Grundy—I then went into the churchyard opposite and concealed myself and taw the four men walking to and fro—they afterwards stopped opposite the gate, and one man posted himself at a distance off, and another man at another distance, and two went in where the cask was—McCann and Hutchings went in for the cask—they raised it from the ground and I stepped over out of the churchyard and rushed across the road, when the two who were keeping a look-out cried out "Look out;" but I secured Hutchings and McCann, and asked who the cask belonged to—they said that they did not know—I took them to the station with the assistance of another constable—Mr. Linnell afterwards brought the cask to the station.
Cross-examined by McCann. I did not say before the Magistrate that you had a wheelbarrow, and that I saw you take the cask into the front garden.
Hatchings. I did not arrive there till half-past 6—he says that he saw me take the butter into the private house—I was not again the cask till he shoved it on me, and I have not been able to walk since.
CHARLES ALBERT GRUNDY . I live at 8, Brockley Road, Deptford—on 22nd November my attention was called by Rose to a cask lying at my floor—I went into the front room and watched, and presently I saw McCann and Hickey enter my garden—I then went to my door and listened for a few seconds, and then opened the door and rushed out, and at the same instant I saw Rose in the act of arresting them—I sent for another policeman.
Cross-examined by Hickey. There was no light in my front room—I could see you because there was a lamp one door from me—I recognise you—you only walked to the extent of my house and walked back, and opened the gate and walked in—I did not say that you were away five minutes each time—you both had your hands on the cask.
CHARLES SAXBY . I live at 3, Morris Terrace, Tanner Hill, Dept-ford—on 23rd November I was driving my cab in Brockley Road—Kay and Hutchings hailed me and ultimately treated me, but Ray excused himself from engaging me—on the following Saturday week I saw Ray at the North Kent station, getting out of the prisoner's van, and gave information.
Cross-cxamincd by MR. METCALFE. I gave information to Detective Francis—I will swear that Ray was not pointed out to me—I recognised him as ho turned round on the step of the prison-van—I saw his face and knew him directly—I recognised Hutchings yesterday week at the Black heath police-court—it was 6.40 or 6.15 when they hailed me—it was dark, but there are lamps there.
Re-examined. There is not the slightest doubt about their being the men—I went into the Flower of Kent and had some drink with them; there can be no mistake.
GEORGE WALDOCK (Policeman 254 Y). On 30th November, about 10.30 p.m., I followed Rose into the Railway Tavern, Blackfriars Road, where he pointed out Ray and Hutchings, and said "these are the two I want"—they came out and I said "You will be charged with being concerned with Hickey and Dennis McCarthy (but afterwards I said McCann) in stealing butter"—Ray said "I know nothing about any butter"—I said "Do you know where they are, Hickey and the other?"—he said "No, I have missed them these'few days; I do not go with them, though I talk with them sometimes; I work hard for my living"—I took them to the station.
GEORGE ROSE (Re-examined by MR. METCALFE). I identify the four prisoners as the persons I saw in Brockley Road—I do not think I had ever seen them before—I could have touched Ray when I was watching in the churchyard; he was walking up and down close to the wall, and Hutchings was walking the other way.
The Prisoners' Statements before the Magistrate.
McCann says, "I was coming round the road, and met this young fellow (Hickey), and while I was lighting my pipe the policeman ran across the road and dragged me into the garden; I know nothing about the cask." Hickey says, "I met McCann, and spoke to him about getting a job; we met to light our pipes, it being windy; the constable ran across and shoved us in, and I fell over the cask; he said 'I have got
you;' I said I did not see it till he shoved me upon it; I am innocent of the charge." Ray says, "I am innocent of the case; I was playing at skittles from just before 5 o'clock till 11 at night at the Marquis of Granby in Mint Street, in the Borough." Hutchings says, "I am innocent of the case; I was with my friend Ray, at the Marquis of Granby, from 5 o'clock up to 11."
McCann's Defence. I met Hickey, and told him I was going in there out of the wind to light my pipe; I did not know the cask was there.
Hichy's Defence. I met McCann, and asked him for a lucifer, and stepped in there to light my pipe out of the wind, and the policeman came and took hold of me—I never saw the cask before they shoved me to it.
GUILTY . McCann was further charged with a conviction at Newington in July, 1868; Ray with a conviction at Clerkenwell in February, 1877; and Hutchings with a conviction at Lambeth in September, 1875, to which they
PLEADED GUILTY. McCANN**— Ten Years' Penal Servitude. HICKEY"— Twelve Months' Imprisonment. RAY**— Two years' Imprisonment. HUTCHINGS— Eighteen Months' Imprisonment.
MR. PURCELL conducted the Prosecution.
MARY GROUNDS . I am the wife of Thomas David Grounds, a chemist, of 28, Chard Place, Hackney—on the evening of 16th November I went with a friend to the railway-station at Forest Hill after 12 o'clock—she wanted to catch the last train—my husband would not leave the house—when the train had gone I mistook the prisoner for my friend, and said "You have lost the train"—she was dressed like my friend—we left the station, and she said "I want to go in here"—that was into Mr. Johnson's, a public-house—she asked me to drink, and said "Don't be stuck up, drink something"—I asked her to take me to St. Germain's Road—she said "Will you give me a shilling?"—T said "I cannot, I have given my purse to my friend"—she said "I will have your ring," and put my hand in her mouth and bit my finger—she took the ring and said "I will have your wedding-ring"—I said "You will not"—she pulled me back and pulled my bonnet off and went away—I went to two or three houses and then met Tyneham, a policeman—this bonnet and this ring are mine.
Cross-examined by the Prisoner. I had not been in the public-house with you before—I did not ask you to sit down with me—I did not ask you to lend me is. on the ring.
CHARLES TYNEHAM (Policeman P 399). On the 16th November, at 1.20, I met the prosecutrix—she was very excited and could hardly stop crying—she had nothing on her head and her hair was loose—I had met the prisoner 10 minutes before—I went the next morning to the prisoner's lodging and took her in custody for robbing this lady—she said she knew nothing about it, and commenced throwing the things about the place and was in a very violent state—a ring fell off the mattress—she said she had lent the lady 4s. on it.
with robbing this woman, and asked her for the ring and the bonnet—she said she had nothing belonging to the—woman—she acknowledged going to 14, St. Germains Road, but said she had nothing of hers there—a ring dropped on the floor and Detective Stead picked it up and gave it to me—the prisoner said "Oh, the swine, I gave her 4s. for it in the presence of Mr. Johnson."
SYDNEY JOHNSON . I keep the Albion public-house, Forest Hill—on the night of the 16th the prosecutrix came there about 9 o'clock with a friend, and afterwards about 12.10 with the prisoner—two pints were ordered—the prisoner asked the prosecutrix to pay—she said "I have no coin, I have just handed my purse to a friend who has gone by the last train"—the prisoner said "You must pay something, if not leave your ring"—I said "This lady can call to-morrow morning, I am not afraid to trust her, or you can wait till you get to her husband's, and he will pay you there," and it was so arranged and they left—they were sober—the prosecutrix did not drink, and when she called earlier in the evening she only asked to be directed to St. Germains Road, where her husband lived, and I directed her there with her friend.
GUILTY .** The prosecutrix stated she had been very much terrified by the prisoner— Five Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. DE MICHELE conducted the Prosecution.
THOMAS FRANCIS ELLIOTT . I am a coal merchant, of 1, Seymour Place, Lewisham—on Monday, 19th November, I locked up the house at 11 o'clock and retired at 12 o'clock—I locked the doors myself and left the key of the bedroom door inside, and the key of the office on the mantelpiece—I bad the key of the office drawer in my pocket; there was a canvas bag in that drawer containing about 18l. 10s. in gold—I had about 5/. in a purse in my pocket—I saw them all safe before I went to bed—when I awoke in the morning I found the door ajar, I got up and found my trousers, which I had placed loosely on a chair, rolled up and the pockets empty—I went to open the front door and my lodger brought me the keys that had been in my pocket the night before, and also the key of my bedroom door, which she said she had found on the mat—the key that I had left on my mantelpiece was standing in the office door and the door unlocked; the drawer in the office was unlocked, but shut, and I missed the canvas bag with the 18l. 10s. in it—the prisoner was employed by me about three times a week for an hour of a morning—he came to me on the Friday previous to the robbery and asked me to recommend him to another coal merchant where he was applying for work, and I gave him a note, as I knew a little of him; he had only been three weeks in Lewisham—about 9 o'clock on the night of the 19th, I went out to post some letters, and I saw a boy who I thought was him standing by some palings at the corner—when he was in custody he said in the presence of the police officers at the station that he had got into the house at night and secreted himself under the bed or sofa, and had committed the robbery, and that he was very sorry and would not do it
again—he denied that ho had taken so much money—ho said there was only 3l. 5s. in the purse—ho said nothing about the other money, or about the little things taken out of my pocket.
Prisoner. I went into the house and took a lot of things—I wanted to get out so I took a bunch of keys—I never took the money out of the drawer—I took the keys to open the door and laid them on the mat—there are three or four families in the house—I never went into the office—I got under the sofa and waited till 4 o'clock, and then I took the money, 3l. 5s., out of his pocket and went downstairs and out of the window.
GUILTY — Three Months' Imprisonment and Three Years in a Reformatory.
Before Mr. Justice Manisty.
MESSRS. MOSSE and POLAND conducted the Prosecution.
HARRIETT BOTTLE . My husband's name was William Bottle—he was a cooper residing at Faversham, and was 40 years of age—on 12th November he left Faversham with my daughter, a girl of about 14 years of age—ho was then in good health—he went on business—my daughter returned that same night, and I heard that my husband had gone on to Dover—on the following day, in consequence of some information which I had received, I went to Dover, and was there shown the dead body of my husband—I was also shown, by the police at Dover, a coat and a hat which were what my husband was wearing when he left home on the previous day—he had 30s. when he left—he was not wearing any watch or chain.
JANE NASH . I am single and seventeen years of age—I am now stopping at a reformatory in the Euston Road—on 12th November last I was living at Charlton in Dover, and was getting my living there as an unfortunate girl—the prisoner lived with me in the same lodging—I was with her on Monday night, 12th November, at about 10.30, and met the deceased man in Snargate Street; he came into a public-house where we were—I don't know the name of the house—we left the public-house near eleven, I think, all three together—he was a stranger to me—he had had a little to drink, I mean he was a little tipsy; he was able to walk and to talk properly—we went to what is called the Pent side by the dock; on our way there we met two policemen—there are houses on one side and the flock is on the other side of the road—a quantity of timber is stacked there, brought by the ships—the prisoner and the deceased went into the timber—the deceased was wearing his hat and coat at that time—I did not hear anything pass between them as to what they went there, for—it was then about 10.4.5, I should think—I could not see them when they went to the timber—while they were away the prisoner's sister joined me—the prisoner afterwards returned to me—I had been waiting there for about a quarter of an hour I should think—she returned alone and joined me and her sister alongside the pavement on the other side of the road—before she returned 1 had heard cries for help, I should think about a minute before she returned—the cries appeared to come from the water—when the prisoner returned I asked her where the man was—she said "He is just a coming"—I heard the cries a second time—she. said "There is some one crying for help," and she thought it was the man she had been with—she said nothing further about him at that time—Mr. Mole then came up—I
still heard cries for help from the water "For God's sake, is there no one here"—I saw some persons go across from the public-house to the timbers, at the water's edge—I followed, with the prisoner and her sister, and stood on the quay watching; the prisoner pointed and said, "That is where the man went in"—that was by the timber—a light was brought and the people searched about—I saw a coat and hat taken from the water—a sailor jumped in and swam about to render assistance—I can't say how long we remained at the water's edge—after that we went up Snargate Street, we three together—I afterwards went home with the prisoner and slept with her that night—we talked about what had occurred and she told me she had pushed the man over because he did not give her enough money—she said he had had a little to drink—she said she thought his coat came off in the water—next day I went with her to the dead-house—before we went she told me to say that it was not the man—she said we had better all say that it is not the man, or else she would get into trouble—she said he had a longer beard than that, and he was taller—she said that before we went to the dead-house, and after—I saw the body at the dead-house; it was the body of the man I had seen the previous night.
By the COURT. She said the man had had a little to drink; these were the words—I think I said before the Magistrate that she said the man was tipsy—he could walk tolerably straight, not zigzag or crooked—I could see by his walk that he was a little tipsy.
By the Prisoner. When I went home that night I went to bed with you, not with your sister—I am sure you told me that you pushed the man over—I did not say at first when we-went to the dead-house that it was not the man.
MR. JUSTICE MANISTY having read the depositions, considered that there was not sufficient evidence to negative the probability of accident; the Jury accordingly found the prisoner
NOT GUILTY .
Before Mr. Justice Grove.
MR. CARTER conducted the Prosecution.
JOHN ROSS . I live at East Greenwich—on Thursday, 15th November, I was at work at the Surrey Commercial Docks unloading deals—I left work about nine at night—about twelve I was at Greenwich—I met Louisa Reed at the corner of Bridge Street and stopped a moment to speak to her, and while I was talking to her the prisoner ran up and stabbed me in the neck, saying "Cock that, Rossy," and ran away—I did not see where he came from—I had not had any words with him—I saw a knife in his hand—I did not feel the blow, but I felt the blood running down—Reed ran after him, and a policeman came up and caught him—I was taken to the Seamen's Hospital, where my wound was attended to—I did not strike the prisoner before he attacked me.
Cross-examined by the Prisoner. I did not hit you, nor did you say "If you do that again I will give you something"—I did not want 2d. of you, I had 8s. or 9s. in my pocket—I did not see you walking with the young woman three or four days previously—there was no difference between us about her, her name was never mentioned—I did not try to throw you down or strike you in the mouth and cut your lip open—I never struck
you or had any words with you—I never spoke above two words to you in my life.
EDWARD FLOOD (Policeman 373 R). I was on duty in Church Street, Greenwich, a little after 12 on Thursday night, 10th November, and saw two men a little distance from me; one struck the other and ran away—I went up and saw the prosecutor with his face bleeding—I went after the prisoner and stopped him about 40 yards off—I charged him with stabbing the prosecutor—he said the prosecutor struck him first—he had this knife open in his hand, I took it from him—they were both under the influence of drink.
By the COURT. I was between 30 and 40 yards off—I saw something like a struggle and one strike the other, I could not say which—the prisoner's mouth was swollen, I did not observe any blood from it—he was very excited.
LOUISA REED . I live at 1, Billingsgate Street, Greenwich—I am an unfortunate girl—on this night I had been with a friend near the Mitre between 12 and 1 o'clock—I was going home, and met Ross and stopped talking to him a minute or two—while doing so the prisoner rushed up from behind us and stabbed Ross and ran down Thames Street—he said "Take that," or "Cock that, Rossy"—I ran after him, and saw the police-man take him—I had known Ross before, and had lived with him—I only knew the prisoner by sight and speaking to him, I have not had anything to do with him—there were no words between him and Ross before the blow was struck.
FREDERICK SHAMM . I am house-surgeon at the Seamen's Hospital, Greenwich—Ross was brought there on the morning of the 16th—he had a wound about 2 inches long and nearly a quarter of an inch deep, extending from the right ear downwards behind the angle of the jaw; it just avoided a great vessel—I attended him for a fortnight—this knife would inflict such a wound; it would require some force—it was a cut.
The Prisoner's Statement before the Magistrate. "I was standing on the pavement eating some bread, Ross crossed over and demanded 2d. of me. I said I had not got it. He said if I did not give it he would knock it out of me, and he struck me in the mouth, cutting my lip. We had a struggle, and while my arm was round his neck the knife cut him, not knowing the knife was in my hand. He said he was cut, and we then let go of one another."
The Prisoner received a good character.
GUILTY — Eighteen Months' Imprisonment.
MR. POLAND conducted the Prosecution; MR. M. WILLIAMS appeared for Smith, and MR. SIMS for Lewis.
GILES MADGE . I keep the Fountain and Grapes, 112, Blackman Street—on the night of 22nd November I served Lewis, and he tendered a bad shilling—I bent it and asked if he had any more—he said "No"—I gave him in charge with the shilling.
Cross-examined by MR. SIMS. The barman tested it before it came into my hand—the prisoner tried to get away.
Cross-examined by Mr. Sims. He tried to get away.
ANDREW DUNCAN (Policeman). I was called and took Lewis—he gave me a false address—I had seen him about 8 o'clock the same night in Mint Street, 200 or 300 yards from the Fountain and Grapes, conversing with Smith, and I have seen them together on other occasions—six, eight, or nine of their associates were with them—when before the Magistrate I volunteered the statement that they were associates—I considered it my duty to do so—they moved off when I approached them—I will swear positively that I saw them—Bass was with me.
Cross-examined by MR. WILLIAMS. I was before the Magistrate twice—when I first gave my evidence Smith was in custody, but I gave evidence against Lewis first—when Smith was brought in, which was the next case, I did not go into the witness-box again, but I was called to the front, and then I said that I had seen them together.
Re-examined. Lewis was charged first and I gave my evidence, then Smith was put up the next case, and I stated that they were associates—they were remanded, and were jointly charged on the next occasion—I knew them as associates, but knew nothing against them—I have not the shadow of a doubt about them—I only knew these two out of the eight or nine.
EBENEZER BUSS (Policeman). I was with Duncan, in Mint Street on the night of November 22nd, and saw the prisoners talking together—several others were there—I was in uniform—as soon as "we got near them some went one way and some another—I did not know them before, but am quite sure they are the men.
THOMAS JONES . I am barman at the Roebuck, 132, Union Street—on the night of 22nd November, about 10.30, I served Smith with a glass of ale and he gave me a bad shilling—I noticed that it was bad, but gave him the change—he left the ale and made a movement to the door—I put my back against the door and said "You know that shilling is bad"—he made no reply—Miss Drummond came to the counter, and then he put the change down and offered besides to pay for the beer—I gave him in custody with the shilling.
Cross-examined by MR. WILLIAMS. He offered to strike me when I sent for a constable, and I struck him back.
Cross-examined by MR. WILLIAMS. I afterwards heard Smith say "I can prove where I got the shilling from"—he called a witness before the magistrate.
GEORGE KEATING . My wife is deputy at a lodging-house, 57, Mint street, Borough—Lewis has lodged there about a month—three or four days before he was taken, or it might be more, he gave me 1s. to pay for his lodging—I put it in a box—there was no other shilling there, and next morning I found it was bad—the only money it was mixed with was coppor—I said to him "Do you know what you gave me last night, what
was it?"—he said "A shilling"—I said "A pretty one it was"—he said "What is the matter with it?"—I said "it is a rank bad one"—he said "Well, governor, I did not know it"—I said "You may have made a mistake as well as me; if you bring mo a good shilling before 6 o'clock to-night I shall let you go, if not I shall give you in charge"—he brought me a good one, and I afterwards gave him the bad one—Smith lodged there part of the time that Lewis was there.
Cross-examined by MR. SIMS. The officer came to ask me whether Lewis lived there—I did not go before the Magistrate—this is the first time I have given evidence.
Witness for Smith.
CHARLES HAINES . I am a coffee-house keeper, of 19, Union Street—I know Smith as Carroll—he was in my house at 7.30 on the evening he was given in custody—he had some tea and bread and butter, and gave me a florin, and I gave him a shilling, and, I think, a sixpence in change—I was called before the Magistrate—I take bad money sometimes.
Cross-examined. I thought the shilling was good—he used to come there five or six times a week.
GUILTY on the Second and Third Counts only— Twelve Months' Imprisonment each.
MR. POLAND conducted the Prosecution.
ANN SELBY . I am bookkeeper at the refreshment bar, London Bridge station—on 2nd November, about 9.15 p.m., the prisoner asked for a glass of ale, and gave me what appeared to be a shilling, but I saw immediately that it was bad and gave it to the manager, who asked the prisoner if he had any more of them—he said "What do you mean?"—he was told that if he liked to pay for the ale he might go, but he wanted his shilling back—he was given in custody with the shilling—he appeared perfectly sober.
JOHN HARDING . I manage the South-Eastern Company's Refreshment Rooms, London Bridge—Mrs. Selby showed me a bad shilling, and I asked the prisoner if he had any more of that kind—he asked what I mean—I said that it was a very bad one, and asked him his name and address—he refused it, and I gave him in custody with the shilling.
JOHN POTTER (Policeman). I took the prisoner and told him the charge—he handed me 6s. 6d. in silver, a threepenny piece, and 4d. in bronze—he said that he was a pensioner in the 17th Lancers, and that they could not take away his pension for misdemeanour, but they could for felony—he was taken before a Magistrate, remanded till November 7th, then till the 14th, and then discharged—I got this shilling from Harding.
Cross-examined by the Prisoner. You were sober when I took you, but at the station you appeared drunk—I did not say that I never saw a man with his tongue in such a state—your language was most disgusting—I did not know whether you were delirious—I did not tell the Magistrate that you were beastly drunk.
ELIZA MORGAN . I am barmaid at the Queen's Head, Ferndale Street, Bermondsey—on 29th November, about 4.30, the prisoner gave me what appeared to be a shilling for two pennyworth of gin—I sounded it, bit a
piece out of it, and showed it to Mr. Gillett, who spoke to the prisoner, and he was given in custody—he appeared sober.
ROBERT JAMES GILLETT . I keep the Queen's Head—Morgan showed me a coin, and I asked the prisoner how many he had of them—he said "What, are they bad?"—I asked where he worked—he said he had not got any work, he had just come from the country—I asked where he lived—he said "In the Mint"—I gave him in custody with the shilling—his face is familiar to me.
JOHN WOKING (Policeman). I took the prisoner—he said that he had changed a half-crown, and must have received the shilling in change—I found on him two good shillings and a penny—I received this shilling from the landlord.
The Prisoner's Statement before the Magistrate. "I acknowledge to have had them, one each time, but I was not aware they were bad. The first time I was delirious drunk, the second I did not know was bad."
The Prisoner in his Defence repeated the same statement.
GUILTY — Twelve Months' Imprisonment.
MR. POLAND conducted the Prosecution.
EMILY GODDEN . I am barmaid at the Fellmongers' Arms, Willow Walk, Bermondsey—on 16th November the prisoner gave me a bad half-crown for some gin—I asked him where he got it—he said from a public-house in Whitechapel in change for a sovereign—I handed it to Mrs. young, and saw her show it to Mr. Young, who bent it and put it on the counter—the prisoner took it up, broke it, threw one piece on the floor, and put the other in his pocket—a carman afterwards picked the piece up and it was given to the constable.
GEORGE AUGUSTUS YOUNG . I keep the Fellmongers' Arms—my wife called my attention to the bad half-crown—my barmaid asked the prisoner where he got it—he said ' In change for a sovereign at a public-house"—I bent it—my wife handed it back to him—I went out and waited, and he came out and waited, and another man joined him—he went into a public-house, came out and joined the other man, and I gave him in custody, and a quarter of an hour or 20 minutes afterwards I saw a half-crown picked up where he had been standing—I think he said that he had thrown a piece of the half-crown under the seat.
ROBERT GILES (Policeman 280 M). I took the prisoner, and heard something drop on the pavement—I took him to the station, and returned to the place in a quarter of an hour or 20 minutes, with my lantern, and found this bad half-crown (produced)—this piece of a half-crown was given me at the public-house by the barmaid—I found on the prisoner when I first took him a good half-crown, one penny, a pocket-book, and a knife—he refused to give any address.
Prisoner's Defence. I own to one which I took in change for a sovereign. How do I know where he got the one which he says he picked up? (When she said it was bad I put down another.)
GUILTY of uttering only— Twelve Months' Imprisonment.
JOHN HENNESSY and BURRY PLEADED GUILTY .
MR. BESLEY conducted the Prosecution.
DAVID PALMER . I am a carman of 79, Knight rider Street, City—George Webber is my servant—he acted under the directions of the police, and I went to Willow Walk station—a parcel of cloth, value 11l. 0s. 4d., was stolen, and has not been recovered—I followed the van to Tooley Street in a cab, and noticed a costermonger's barrow near the Horse and Cart public-house, Tooley Street, which I had seen within two doors of my office before the van started—I could not see who the driver was—when the pony and cart started two men were sitting on the barrow, but I could not see who they were—I followed them into Gray's Road, and there saw a third man get in—they went to Crimscot; Street and pulled up at a public-house, where two of them went in, and the third remained and pitched a parcel out into the barrow, which was laden with empty boxes—John. Hennessy then passed me, and I ran after him some distance, but he suddenly turned down a street, and I lost sight of him—the other man went into Willow Walk or else into a public-house.
GEORGE WEBBER . I drive MR. PALMER'S van—I have known the Hennessys about a month and Burry about six months—in consequence of a statement made to me by Burry, I gave information to my master and to the police—I went to Willow Walk station, and saw the three prisoners in the White Horse public-house—I went in and told them I was going to the Brighton Railway, where I knew they could go if they liked—they asked me to stop at the Cart and Horses, Tooley Street—I started at 6.30, and when I got to Tooley Street I saw a pony and cart standing still just on this side of the Horse and Cart public-house—I cannot exactly say who was with it, but Burry came from the cart and jumped up on the van and said "Drive on"—I saw John and George Hennessy in the van—I pulled up in Crimscot Street and got off the van, and Burry got up and handed a parcel from the van to George Hennessy at the barrow, who handed it to John, and they drove away.
ALFRED ANDREW FARRINGTON . I am porter to Mr. Brossett, of Wood Street—on the afternoon of 19th November I noticed a pony and a barrow standing still at the White Horse, Friday Street, with empty cases on it—I saw the three prisoners in the public-house, and saw Webber speak to them—I am quite sure they are the three men.
WILLIAM TANSEY (City Policeman 553). On 19th November I was in Knightrider Street, in the private bar of the White Horse—George Hennessy was there, and I was therewith him about 12 minutes—he had his hand on the bar facing me—when I went in I saw a pony and a costermonger's barrow laden with boxes—George Hennessy and Burry came out at the same time as I did—I did not see them leave.
JOHN DAVIS (City Detective). I was in the private bar of the White Horse, and saw the prisoners there from 10 minutes to 6 till 6.20—George Hennessy kept lounging on the bar—I saw Webber come in, and saw a pony and barrow at the door laden in the way described—the three prisoners got on it and drove away—that was about 20 minutes to—I followed them as far as Queen Street, Cannon Street, where I received
information, and went to the station and got a couple of men, but did not see the prisoners afterwards—I did not take George, but I saw him at the shed on "Wednesday, at 7, John Street, Cannon Street Road, and handed him over to Halse—I saw the same pony and cart there—I had searched the premises on the previous Monday night, but not in reference to this charge—I knew then of this parcel being taken, but did not know its contents.
DANIEL HALSE . On 19th November, shortly after 7 p.m., I was in Bermondsey Street and saw the three prisoners with a pony and barrow—I followed them to Crimscot Street, where Burry got off the barrow and I lost sight of him, and saw nothing more—I am sure George is one of the three.
Cross-examined by George Hennessy. I was acting under Davis's instructions—he asked you if you had been in the City, and you said "No."
George Hennessy called
MARY THOMPSON . I live at 29, John Street—on 19th November you came home between 4 and 5 o'clock and told me to light your fire, and I did not hear any more till between 7 and 8, when I heard a knocking—whether you went out after that I cannot say—you asked me not to dry your coat and I did not.
Cross-xamined by MR. BESLEY. John Street is in Cannon Street Road, and St. George's in the East—it may be two miles from Friday Street, Cheapside—John Hennessy does not live at my place—George has got my first-floor front room—I do not take particular notice of what he does on Mondays, hut I generally clean my shop on Monday—he has only lived with me three weeks next Saturday, reckoning all the time he has been in Newgate—he moved into my place on the 17th, and this was the following Monday—I did not see him after 4 or 5 o'clock, but I heard him knocking up pictures.
JONES. I live with Mrs. Thompson—you came home between four and half-past on this Monday, and was at work till 8 o'clock—I saw you at 8 and did not leave you before 9—I was helping you hanging pictures up, and then we put the barrow away and went to tea.
Cross-examined. I am employed at Hennessy's to take care of the pony and barrow—they were not out after 4.30 or 5 o'clock—I had not been living at Mrs. thompson's—Hennessy had only lived there three days—he came there on Saturday, the 19th—I did not see his brother or Barry—I live at 36, Ann Street—we were hanging up pictures from 4 till 8—I did not go to the police-court.
GEORGE PAGE . I live in Robinson Street—I came to the shed to you about 4.30 or 5 o'clock—you then went upstairs and changed your clothes, and then hung up the pictures—I left you between 8 and 9—you never went out.
Cross-examined. I was outside when the other boy was cross-examined—I have been employed twelve months looking after the pony and barrow—the other lad looks after the empties—I left about 9 o'clock—the barrow had not come home then.
George Hennessy's Defence. I am quite innocent—I work hard for my living and never was locked up—no policeman can say that I ever did anything wrong—I cannot help what my brother does—I met Burry in Knightrider Street, and they went over the water—I have been
thoroughly led into it, and know nothing about it—Burry is a convieted thief, and has had is months for stealing a chest of tea.
GEORGE HENNESSY— GUILTY . The officer Daris stated that the three prisoners had been getting their living fur the last ten years by inciting carman to rob their masters.— Ten Years each in Penal Servitude.
Before Mr. Justice Manisty.
134. WILLIAM FRENCH (18), WILLIAM BAKER (20), and EDWARD DOWSELL (19), soldiers, Robbery with violence on David Arrow, and stealing from his person one watch and 5.s. in money, his property. BAKER Pleaded Guilty to dealing the watch, but not to the violence, or stealing the money.
DAVID ARROW . I live at Guildford Lane, and am an under-gardener—on Saturday, 17th November, I was in the Rose and Crown public-house—I saw the three prisoners there, but I had no drink with them—when I came out from the Rose and Crown I went to the Two Brewers and ties three soldiers followed me—we all went into the Two Brewers and I treated them to a quart of half-and-half—I was sober at the time I was in the Two Brewers—I had had some drink, but was quite capable of knowing everything—it was somewhere about 11 o'clock when I left—it was nearly closing time—the three prisoners came out with me and then asked me where I was going—do not know which of them it was who asked me—I said "To Albury," and one of them said "So I am, too"—we went to the foot of Peiley Hill—two of the prisoners were a little before me and one by the side of me, but I do not know which one that was—I know Stoughton Barracks now; that is not in the direction in which we were going—when we were at the foot of the hill one of them turned round and struck me in the face—that was one of those who was walking in front, and the one who was behind me struck me on the head And knocked me down insensible—when I became conscious again I was on the ground and missed my watch and 5s. from my pockets—my watch had been in my waistcoat pocket and the 5s. in my trousers pocket—I gave information to the police, and saw the prisoners again that night—I next saw my watch on Tuesday morning, the 20th, at the Stoughton Barracks when I was taken there—this is my watch (produced) and the one I had on on that night.
ROBERT TRING . I am a watchmaker, of 3, Addison Road, Guildford—on Saturday evening, 17th November, I was in the Rose and Crown public-house, and saw the three prisoners and the prosecutor—it was about 9.30, or from that to 10 o'clock—I did not see them leave—I cannot say whether I left before them, but I am certain the three prisoners are the men.
Cross-examined by Baker. The prosecutor was the worse for drink—I think he knew what he was doing, but of course he was the worse for drink, because he was singing at the time you were there—he was in your company; I will not say what he paid for or what you paid for.
MARY PETER . I live with my daughter at the Two Brewers beer-house, at Guildford—on Saturday evening, 17th November, I saw the three prisoners there—the prosecutor was also there; they were in company together—I saw the prisoners leave, it was then a little more than
10.30—they all left together—the prosecutor went out first and they all followed—did not notice whether the prosecutor—was drunk or sober.
WILLIAM BRITTON . I am a sergeant in the 1st Battalion of the 2nd Queen's Foot—I was sergeant of the guard on November 17th.—I saw the prisoners come home to barracks—Dowsell came first—I opened the gate, and he told me I need not close it, as Privates Baker and French were coming up—the sentry then challenged the other two, and they went to the barrack-room, as they were over time—it was 11.15 when they came in—they were confined to barracks on Monday—coming out of the Two Brewers, Peiley Hill is in the opposite direction to the barracks.
JOSHUA NEW . I am a private in the 1st Battalion of the 2nd Queen's Foot, at Stoughton—on Monday morning, 19th November, I saw Private Fielding with the watch which has been produced—he had it in his possession and was trying to sell it—in the evening he came with the prisoner Baker to sell the watch—I had some conversation with them, and I bought the watch in the barrack-room of Private Baker for 10s. all but 3d.—I handed the money to Baker—I heard him say that he bought the watch of a militiaman—on the Tuesday morning I gave it to the adjutant in consequence of the inquiries that were making about it.
WILLIAM FIELDING . I am a private in the same regiment—on Monday morning. 19th November, I saw Baker at the barracks—he gave me a watch—this is it, it is broken in the dial—he said that he had bought a watch, and he wished me to sell it to gain his money back again—I went to Private New and several others, and asked if they would buy it—in the evening we went from one barrack to another to try to sell it—New bought it in the evening—I do not know what he gave him for it, but he gave some money into his hands.
JAMES MARSHALL . I am a police constable of the Guildford Borough Police—on the evening of November 20th I went to the Stoughton barracks with the prosecutor, and saw the watch now produced handed to the adjutant by Private New—the prosecutor identified it—the adjutant then asked Baker how he got possession of the watch; he said that he bought it at the Rose and Crown, Guildford, of a militiaman, for 10.—the prisoners were given in custody—the watch produced is the same.
The Prisoners' Statements before the Magistrate. French says, "I went into a public-house with my two comrades and the other man, that was the last public-house we went into, and after we were in there about 10 minutes in all, came out. I said I should see about getting home, and I left my two comrades here along with the man. About five minutes after Dowsell came running down the road and caught me up. I said, 'Where is Baker?' he said "He is coming on, and after we had gone a little way Baker came up. I asked him where he had been and what he had been doing. He said 'Nothing much.' I knew nothing about the watch being stolen till I was put in the guard-room yesterday." Baiter says, "I wish to say that I and Dowsell came out of the Rose and Crown. French went home. Arrow came out with us through being turned out, and said 'Let's come into the Two Brewers, we can get some more beer now;' so we went there and Dowsell paid for a pot of four-half ale. Then we was going home; as we was going along this man said we had stolen his sugar. Dowsell said 'Why, who stole your sugar?' he said 'Why, you did;' with that Dowsell struck him in the face, and he fell down in the road on the back of his head. I said to Dowsell "You had better go home, or else
you will get into trouble.' Dowsell then went on the road for home. I lifted the man up and saw that his watch was hanging from his pocket. with that I was tempted to take it. I did not strike the man." Doir sell says, "On Saturday evening last, about the time specified, 9.30 or 10 o'clock, we was in the Rose and Crown drinking together. The prosecutor came in and began singing and dancing; he was drunk. We stopped in there for about a quarter of an hour afterwards; and the prosecutor wanted some more beer, but, the landlord would not serve him, and he was turned out of the house.' When we got outside he said 'Let's come to another house and we can get some more beer.' We went to another public-house, I suppose the Two Brewers; we had some more beer there, stopped about live minutes, and then came out again. Just then French left us; we went to the corner of the street, where there is another public-house; we stopped at the corner of the street, and he said 'One of you has stolen my sugar.' I says 'Do you mean to say I stole it?' he said something and meant me; in the excitement of the moment I struck him. Baker told me I had better get home or I should get into trouble; from that I ran up the road and overtook French. French said 'Where is Baker?' I said 'He is behind, I expect he'll be up directly;' shortly afterwards Baker came running up and overtook us. I said 'What did you want to stop behind for?' he said 'Oh, nothing much.' We then walked up the road together till we got nearly to the barracks. I walked on a little quicker, and went into barracks by myself. I will swear I did not know anything about the watch or money being stolen till I was put into the guard-room."
French's Defence. I have nothing more to say.
Baker's Defence. I have nothing more to say, I throw myself on your mercy—it is the first time that I was in prison.
Dowsell's Defence. It is a serious thing to be mixed up with this. I was in a public-house, the prisoner came in, and we had some drink together. He wanted more beer, and the landlord would not serve him. We went to another house, I do not know the sign, and had some beer, which I paid for. When we came out French left us, and as we were going along there was a street about two minutes past the public-house, and we stood at the corner, and the prosecutor began blackguarding me, and accused me of stealing some sugar. I am very sorry that in the excitement of the moment I struck him and he fell down. Baker told me I had better go home, or I should get into trouble, and I went home, and Baker stopped behind. If I am convicted I shall be disgraced, and have to leave the service. There is a draft going out abroad next month, and I must ask you to allow me to go with them. It is very hard to stand at the corner of a street and be called a thief by a man, but I am very sorry that I struck him.
FRENCH and DOWSELL— NOT GUILTY .
THE JURY recommended BAKER to mercy, and Sergeant Britton dated that he had borne a good character during the four months he had been in the regiment.— Six Months' Imprisonment.
MR. ST. AUBYN conducted the Prosecution.
It appearing by the medical evidence that the death of the deceased child might have been accidentally caused by the prisoner, the Jury found her
NOT GUILTY .
Before Mr. Justice Grove.
CAROLINE CARLEY . I live at 8, Globe Street, Dover Road—for about eighteen months I lived with the prisoner as his wife—I left him about twelve days before this happened—on Wednesday, 21st November, I was with Mrs. Burns, and about 1 o'clock in the day we went to the Guy's Arms, Nelson Street—she did not remain there a minute—she went out returned in two or three minutes with a young man named Ellison—directly Ellison had come in the prisoner came in and deliberately struck me over the head with a hammer seven or eight times, with the iron part of it—they were "severe blows and caused wounds; blood flowed—Mrs. Burns knocked the hammer out of his hand—he then put his hand to his breast pocket and took out a clasp penknife, and made an attempt at me—I put up my hand and he stabbed me in the hand—this is the hammer and this is the knife (produced)—after that I was senseless and do not remember anything more.
Cross-examined by the Prisoner. You were in the habit of bringing home your tools at night and making furniture for us—our quarrels have been short but very sincere—I was not in fault at all; the grievance was owing to your having a wife and four children—I did not know from the first that you were married; you said your wife was dead, and I did not know the contrary till I met her on the Saturday before last Christmas—I left you because you threatened my life—I am not living with any man—I do not live in Bull's Head Court.
By the COURT. He had six months' imprisonment last December and came out in June; I was there too; it was for robbing furnished lodgings—I went to live with him again after we came out.
MARY BURNS . I live at 8, Globe Street—some time previous to this Carley had been living with me—on 21st November I was with her at the Guy's Arms—I went out and returned with Ellison; we had no sooner got inside the door than the prisoner deliberately came and rushed at Ellison and hit him over the temple with the sharp part of this hammer; a second blow hit him on the shoulder; at the third blow Ellison put up his hand to save his face, and it struck him on the finger—the prisoner then made towards Carley, and struck her seven or eight times over the head with the hammer—I kept screaming all the time for assistance—after he had hit her the eighth blow I hit him on the back of the wrist and he let the hammer fall—he then deliberately put his hand to his side pocket and pulled the knife out—I screamed, "Oh, Bill, he has got a knife"—he rushed towards Carley, and she put up her hand to save her face, and he stabbed her in the back of the hand—a man named Tooney got the knife away from him while he and Ellison were tangled together—the prisoner never spoke a word while his was going on.
Cross-examined. There were only us four in the side of the bar, Tooney was not there till after it happened—the landlord was upstairs; the mistress
was there and saw you strike three or four blows—Carley and I did not rush at you—you threatened on the Monday, on my landing, that you would do for her, and said we were not to be surprised if we heard of your being hung—you said if she came back to you you would get her some clothes, but she did not wish to have anything more to do with you on account of your ill-usage and as you were a married man—I took the hammer out of your hand, and you picked it up a second time—it all happened in five or six minutes—Ellison did nothing, the blows you made at him regularly terrified him.
CORNELIUS TOOMEY . I live at 6, Union Place, and am a skinner—on 21st November, about 1.20, I saw the prisoner in a milk-yard—he had this hammer underneath his coat—I saw him run into the Guy's Arms; I stood for a minute, and then I rushed in, and I was in such confusion that I knocked the four of them down; the prisoner, a tall chap, and the two women all went down, and I on the top of them—I knocked the hammer out of the prisoner's hand—I did not see what he did with it—the landlord turned me out; I went in again and took the knife away from one of them, I don't know which.
WILLIAM ELLISON . I am a French polisher, and live at 12, Nelson Street—on 21st November I was fetched by Mrs. Burns into the Guy's Arms—I found Carley sitting down there—directly after I got in the prisoner came rushing in with the hammer, and he hit Carley several times with it, and I got a knock somehow, it might have been by falling about—we wrestled together and then I ran away—they were all sober.
Cross-examined. I have not been living with Carley since she left you—I did not entice her away—I did not live in Bull's Head Court—the woman I lived with was in the hospital, and Carley did her washing—I did not tell the woman that I had a proper party that I was going to live with at Manchester—I have lived with three women—I did not entice one of them away from her husband; she came away from him—I did not throw a glass at you directly you came inside the public-house.
ALFRED BARRS . I am junior house-surgeon at Guy's Hospital—on 21st November, between 1 and 2, Carley was brought there—she had five wounds in different parts of the scalp, and one on the back of the right hand—these on the scalp might have been caused by the hammer, and the other by the knife—the scalp wounds were not very severe, ordinary scalp wounds; they were not dangerous; the bone was exposed in some parts, but not to any great extent.
Cross-examined. If the blow on the hand was caused by the knife there must have been blood on the blade—there is none on it now—I did not see it that night—it was an ordinary incised wound; if she had fallen on broken glass I should think the palm would have been wounded; it is possible it might have been caused in that way.
WILLIAM PINLEY (Police Sergeant 8 M). I saw the prosecutrix bleeding from the head and hand—I took her to the hospital and went in search of the prisoner at his lodging and place of employment; he was not there; I found him on the Saturday following, in the Borough—I said "I want you"—he said "All right, that is what I am here for"—I did not tell him what he was charged with—this hammer was given to me by Mary Burns, and the knife by 156 M.
Cross-examined. It was close against Guy's Hospital that I saw you—Burns was with me—you said you were there to give yourself up—there
was the merest spec on the blade of the knife when I received it—I could not say that it was blood.
The Prisoner, in his Statement before the Magistrate and in his Defence, alleged that Ellison had. enticed the prosecutrix from him, and that he went to the public-house to induce her to return to him, when he was assaulted by Ellison, and struck him, but not the woman.
GUILTY . He also PLEADED GUILTY to a previous conviction in December, 1876.— Seven Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. BESLEY and MR. HORACE AVORY conducted the Prosecution; and MR. WARNER SLEIGH the Defence.
EDWARD PINK . I carry on business as an Italian warehouseman in Long Lane, Bermondsey—I have also an establishment at Liverpool, of which the prisoner has been manager for about five years—he was paid by a salary of 3l. a week and expenses—all orders for goods were to be sent to London—many of the goods were in London and were sent from London—as to the goods in Liverpool, an order was made out from the warehouse at Liverpool, and that was forwarded to Liverpool—the prisoner's duty then was to deliver the goods and to return the delivery-order by the first post to London—the entry was to be made of the delivery in the stock-book, which was kept at Liverpool—it was his duty each week to send a list of the stock-takings of the previous week, showing what was delivered in the week and the balance at the end of the week—that was called a stock-sheet—it was his duty to pay the moneys that he received at Liverpool into the North and South Wales Bank at Liverpool, where I had an account, unless they were cheques requiring endorsement, and they would be sent to London direct—he would advise us in London the same day that he paid into the bank—he was authorised to retain 30l. in hand to pay expenses that might be incurred for carriage, freight, and such-like—he was not to exceed 30l.—he sent up a list of his expenses each week, and I sent him down a cheque for them and his salary—the cheques were always drawn on my account at the Liverpool Bank—on the 8th of November, in consequence of something that came to my knowledge, I wrote to the prisoner and received this reply. (This stated that he had cash in hand to the amount of 80l. 10s.) On the 9th November I sent my son down to Liverpool, and on the 10th he returned to London with the prisoner—I said to him "Where is the 80l. 10s.?" showing him the letter. He said "I have not got it; that is a false statement." I showed him the deficiency in the ledger, and asked him to explain it—the amount that stood in the ledger against him was between 700/. and 800/., but the accounts were not completely made up—my son was present at the interview—not getting a satisfactory answer from the prisoner, I said that any statement
he chose to make to me should not be to his prejudice—the result of the interview was that I gave him into custody—this account marked A is in the prisoner's writing—it is his daily sheet to moneys received by him upon the 30th and 31st of October—he also sent every day an account of moneys paid by him into the bank—this B is an account of moneys received on 31st October and 1st November—C is an account for the 2nd and 3rd November, D for the 4th November, E for the 6th and 7th, F for the 8th, and G for the 9th—this account of the 8th the prisoner brought with him on the 10th—he gave this in as a further account of moneys he had received which he had not previously advised—I have added up the totals of these receipts and they amount to 602l. 19s. 3d.—this marked I is an account of moneys paid into the bank by him on the 1st November, and K is an account of money paid on the 3rd of November—these (produced) are accounts of the moneys paid in by him between the 30th of October and the 9th of November—the last sheet, dated the 9th, was not paid in until the 10th—the totals of these payments amount to 505/.—there is a deficiency between the moneys received by him and the moneys paid into the bank of 97l. 19s. 3d.—this (produced) is an account of expenses sent up by the prisoner on the previous week of 3rd of November—I sent him down a cheque for that account—there is 1l. 12s. down for salary—that is not his salary—it was my practice to add his salary of 3l. a week to the cheque—this 21l. 19s. 5d. includes the salary—he did not bring with him his weekly account of expenses when he came on the 10th—I have not received it at all—I have not received any account from him of goods sold to Mr. Dawson to the amount of 4l. 10s. 6d.—none of these accounts contain it—there is no entry in the stock-book of it or on the stock-sheet, nor is there any entry of 4l. 10s. 6d. received from Mr. Kearns on the 23rd of October—I knew nothing of this book (produced) until after the prisoner was in custody—I do not think any of it is in his handwriting.
Cross-examined. He was arrested on the day on which he ought to have made up his stuck-sheet—he has been about seven years in my service altogether; two years in London before he went to Liverpool—I sent him to Liverpool to work this trade for me—I was very much pleased with the business he was making—he has more than once asked me for a rise in his salary—he has had an advance—I expressed myself in the middle of the year that I would think about his salary, and that he was to try and make all the profit he could for me—I also said I should make him a present at Christmas instead of an advance of salary—I also said "You are considerably improving your connection, and I will back you up both in supply of goods and in your remuneration"—I cannot say that I have personally audited the accounts during the five years he has been there—it is more than likely that I have, but I cannot tell you that I have at any special time—he has not often requested me to do so—my son is not here (he was sent for)—I said at the police-court that I showed him the deficiency in the ledger of between 700/. and 800/., not on the first occasion, but the second—there was only one other person besides himself permanently employed at Liverpool to my knowledge—that was French—he was simply a warehouseman—the prisoner was buyer, salesman, traveller, correspondent, and cashier—he should have kept all the books, but I found that they are not all in his handwriting—the stock-books and stock-sheets are not, and this book is not—there was no ledger kept at
Liverpool—I did not instruct my counsel to call this a surreptitious book—I am told that it was known as a scrap-book in Liverpool—I believe it was written by French and Alefounder, another person in the employ at Liverpool—this may be called an order-book—it does not appear to be anything else—the 30/. a week that he retained was for expenses—he was not at liberty to exceed that—he has done so to my knowledge and accounted for it without complaint from me—I think the week before he was taken into custody he paid 50/. in one amount in one week—he did not have a running account with me—his account was not cleared up every week—the books were kept open so as to show uncertain balances at different times, and that was allowed to continue so for a period of years—sometimes the balance was largely against him, sometimes it was decreased—there was no large balance against him till June, 1876—it was a very small balance, only a few pounds—it began to be large about December, 1876—I have not made up the prisoner's cash-book to the present date—I believe it is in Court—I believe it has been added up in pencil—I have not gone through it—the balance against him when he was arrested was not 218/.—I swear that—I believe it appears so by this book, but there are a number of false entries in it—this is not a book which I provided for it—he bought what books were necessary for his purpose and charged me with them—he would buy this book in the ordinary course of business under my authority—I had about 500 or 600 customers in Liverpool and that district—the prisoner was answerable for the increase of that connection, and I frequently urged him to increase it—when he came up on the 10th November I did not tell him that I was going to give him into custody—I wanted to get information from him—I told him that what he said should not be used to his prejudice—he came to my employment with an excellent character—I had a connection at Liverpool, but no warehouse, when he went there—I had a traveller visiting Liverpool, as other places, not residing there—I sent the prisoner there to make a business—very likely I had then about 58 customers—the increase has been partly due to the prisoner's perseverance and industry, not entirely, for my business has increased in other districts in like proportions—his takings have been about 25,000l. a year.
Re-examined. The extension of the business depends upon the quality of the articles sold—in his last charge-sheet he charges expenses 5l. 7s., for salary to French 1l. 12d., extra help 3l. 10s., and labour 9s.—he made charges every year for extra help—he never complained that his duties were too onerous or that he had not sufficient hands—I allowed him without question every expense he charged me—no cash-book was kept at Liverpool by me or for me—I had no account with the prisoner on the basis of this scrap-book—I never saw it or examined it till he was in custody—this (produced) is a copy of my ledger-account made by my principal clerk, who is here—this scrap-book does not contain entries of all the orders that were executed—independent of that there is a deficiency of stock at Liverpool—I have never been through the stock there myself—the advice-notes forwarded to London were written in manifold by the prisoner—I had no ground to suspect the prisoner till a day or two before the 9th November.
THOMAS PINK . I am the prosecutor's son—I have been sent for during this inquiry—I have never been examined before—on 9th November I went down to Liverpool to the prisoner's private residence, and saw him there—I told him that his accounts appeared to be very wrong, and I should be glad to know if he had anything to say in reference to them—he said he knew there was a deficiency—I asked him what deficiency—he said he thought about a hundred pounds—I said according to our ledger it appeared to be very much more—he said he did not think it was—I walked with him to the warehouse, and on the way he said it might be more, he didn't know—there was no further conversation with reference to the accounts—I requested him to come to London to see my father—he came and brought these books with him—I was present at the interview with my father—there was a number of these manifold books amongst these he brought—the pass-book was sent up by post a day or two afterwards.
Cross-examined. I asked him to bring the books up—I arrived at Liverpool at 11 o'clock that night and started at three o'clock the following morning for London with him—he didn't make any great objection to coming up—he wanted to wait till the 11 o'clock train, but I said I was determined to come back at once—I did not ask him to bring up the ledger, it was sent up afterwards—I did not ask him to bring this scribbling diary up—I saw it on the desk—he brought it of his own will—I told him he had better bring all his books up—I did not go through the books—I took no part in the management of the business.
Re-examined. I had no knowledge of the existence of this book till he showed it me—there was no ledger kept at Liverpool.
DAVID FRENCH . I live at 18, Aberdeen Street, Liverpool—I have acted as warehouseman to Mr. Pink there for two years or more under the prisoner's direction—I partly kept this book (the diary) under his direction—some of the entries are crossed through—that was done when the order was sent up to London and came back again—on the 20th July I sold some goods to Mr. Dawson—I find an entry of it in this book in Alefounder's writing—I received 4l. 10s. 6d. for the goods, which I handed to the prisoner that night—the entry is not crossed through, that was left either to me or Alefounder to do—on the 23rd October I received 4l. 10s. 6d. for goods sold—I handed it also to prisoner—the entry is in Alefounder's writing—it is not crossed through—I made out the stock sheets under the prisoner's direction from the stock-book.
Cross-examined. I did it accurately as part of my duty—I have only known this scribbling diary for this year—this is the stock-book (produced)—that is principally in Alefounder's writing, not the prisoner's—we were very busy at Liverpool, doing a very good business—it was as much as we could do to get through it—the prisoner had quite enough to do, more than enough sometimes—he did the work of about three men.
Re-examined. We worked from between 8 and 9 o'clock in the morning until 6 o'clock in the evening—sometimes the prisoner has been at work after he got home—he had a considerable quantity of writing to do—I generally used to go home with him and do any accounts of what I had done in the day, I mean the orders I had taken—this manifold writing is the prisoner's—the reason these items were not crossed out was because the order had not been sent up—supposing his orders had gone in in the ordinary manner they would all have been entered in the stock-book—
then there would be no necessity for keeping this diary except on occasions where people wanted goods in a hurry without the delay of sending to London, then we should take a note of them here—as a matter of convenience it was useful—if it had not been kept in this form we should have had to make separate memorandums.
SAMUEL ALEFOUNDER . I am a porter employed by the prisoner at Mr. Pink's warehouse at Liverpool—a good deal of this diary is in my writing—I made the entries the day the goods went away—these two entries of the 20th July and the 23rd of October are in my writing.
WILLIAM GEORGE BEVAN . I am ledger-keeper to Mr. Pink, at Bermondsey—an account was kept there with the prisoner with regard to the Liverpool business—since he has been in custody I have verified all the entries by comparing them with the advices, and the cash entries by the banker's pass-book—on the 1st of May, 1876, the balance against him was 3l. 15s. 9d.; on the 20th December, 1876, it was 320l. 7s. 3d.; in January 136/.; on the 22nd of January, 1877, it was 47l. 7s. 4d.; in February it was 4,452l. 7s. 9d.; in March, 467/.; in April, 459l.; in May, 528l.; in June, 608/.; and on July 21st, 623l. 12s. 1d., and on the 13th of September, 743l. 12s. 2d. and on October 3rd, 807l. 6s. 3d.; and on the 8th November, 820l. 7s. 1d.—in that balance there is no account taken at all of the two sums of 4l. 10s. 6d., or any amount omitted in the advice notes—there is a deficiency of 820/. on his own sheet sent forward without regard to what is not in those sheets.
Cross-examined. The ledger is not in my handwriting; part of it is, and part is in the writing of Mr. Huggins, clerk under me—it is kept up—his time goes on month by month—it was-begun when the prisoner first went to Liverpool—in December, 1876, it was known that the balance against the prisoner was 337l.
MR. SLEIGH submitted that this was not a case of embezzlement, as the prisoner had voluntarily accounted for deficiency; if any offence was established, it was that of larceny, which being committed in Liverpool, this Court had no jurisdiction to try. MR. BESLEY, in supporting the charge of embezzlement, urged that, although the goods were disposed of at Liverpool, that was done by consent of the employer, and could not be charged as a larceny, but as the non-accounting was in London, this Court had jurisdiction. The COMMON SERJEANT would not stop the case upon the objection, although it was. a strong one; but after the prosecutor had allowed the large deficiency year after year to exist, it would be impossible to ask a Jury to convict upon the two small turns of 4l. 10s. 6d.; and as to the 80l. it was a general deficiency, not a specific sum, and for that he had rendered an account, though an erroneous one.
NOT GUILTY .
There was another indictment against the prisoner for embezzling 2l. 14s. and 5l. 3s., upon which, Mr. Besley offering no evidence, an acquittal was taken.
Before Mr. Justice Manisty.
SARAH AUGUSTA WILES . I live at Hitchin with my sister—I have known the prisoner as a teacher of languages—he has been in the habit of giving me lessons for the last two years or thereabouts, with one or two interregnums—on Wednesday, 7th November, he came as usual about 11.30, to give me a lesson—two days prior to that he had proposed to marry me—he had told me he liked me three or four months before—I declined his proposal on the Monday—I did not see him between then and the Wednesday—almost directly after he came in on the Wednesday he asked me to marry him—I refused—he asked me again, and urged it rather—I still declined, and then he seized me and asked me to kiss him—he seized me with both hands, and then held me with his left arm whilst with his right he drew a knife out of his pocket by his side; it was open when he drew it out—he tried to stab me on the head—I tried to escape and fell down on the floor—he stabbed me several times on the head while I was on the floor—I then got the knife away from him, either by his help or by my own; I don't know whether I got it by myself, or whether he let me take it—I used my hands to protect my head, and in doing so my hands were injured—after getting the knife away he attacked me with his fist; he twisted his fist round in my eyes as if he wished to put my eyes out—he then left off and stood at a little distance and shook a tuft of hair in front of me, which he had either pulled or cut off my head—he then walked out of the room—I got up before he left the room and stood, and then I laid down the knife on the hall table—I walked upstairs and the doctor came and attended to me.
Cross-examined by the Prisoner. You were not in the room many minutes before the attack; you asked me directly you came in to marry you, and then you urged the question some few minutes, and then you attacked me directly afterwards.
SELINA KING . I am servant to Miss Wiles—I remember the prisoner coming to the house on Wednesday, 7th November—I opened the door to him, it was about 11.30—about 20 minutes afterwards I heard Miss Wiles scream; I was too frightened to go into the room—I did not see the prisoner leave the house—I went upstairs and Miss Wiles was coming out of the room, her clothes were covered with blood—she said "Oh, Selina, I am murdered"—her face and head were cut and bleeding—I saw the knife on the hall table; I afterwards gave it to the inspector—I went into the drawing-room after Miss Wiles had come out—there was a pool of blood on the carpet, and blood on the wall and on two chairs, and the furniture was turned over, and a flower-pot knocked down and broken.
Cross-examined. You were in the house about 25 minutes.
and said "I have come to give myself up for assaulting Miss Wiles"—his hands were covered with blood and pieces of hair "were sticking to the ends of his fingers—I asked him his name—he said Edward Pinder—I then asked him why he did it, he said "Is that a proper question.?"—I said "How much have you assaulted her?"—he said "I can't say"—I then left him in charge of an officer and went to Miss Wiles's house—I saw drops of blood from the station to Miss Wiles's house—I found this knife (produced) lying on a sideboard in the hall, open—Selina King pointed it out to me, it was covered with blood—I then went into the drawing-room—I saw a quantity of blood on the carpet and this piece of hair (produced) also covered with blood—on the evening of the 12th I was with the prisoner in the cell and he asked me what would be done with him to-morrow—I said most likely he would be remanded—he said "I did it to disfigure her"—I said "You cut your own fingers"—he said "That was done in stabbing, the knife partly shut and cut my fingers; the bones in the head stopped the blow and closed the knife, and that cut my fingers."
RICHARD RICKMAN SHILLITE . I am a Fellow of the Royal College of Surgeons, practising at Hitchin—on 7th November, about half past 12, I was sent for to Miss Wiles—I found her upstairs on the bed—she was bleeding from several wounds, one on the left side of the forehead, one over the temple on the right side, and three at the back of the head—the right palm was wounded in the middle of the hand, and the left hand between the fore and middle fingers, several scratches at the back of the hand, and one slight wound on the left breast—they were stabs, incised wounds—these at the back of the head were of considerable depth, to the bone—the wounds were bleeding at the time, except the scratches, perhaps—the eyes were suffused, and she could not open them, as if she had had a blow, the usual black eye, both of them—this knife might inflict the wounds—there was considerable danger of erysipelas from the wounds in the head, and the one on the hand was very near the palmar artery, which is a very dangerous place—she was under my care for about three weeks—she cannot now use her fingers from the stab in the hand—the wounds in the head have recovered—I hope she will be able to use her fingers again.
Cross-examined. I think Miss Wiles appeared on the remand a fortnight afterwards.
The Prisoners' Statement before the Magistrate. I committed the act in a moment of intense and most justifiable exasperation.
Prisoner's Defence, I wish to call witnesses. (They were called, but none appeared.) I have been completely shut out from assistance and advice of any kind—I wish to say that I had no intention to take the life of Miss Wiles, or to do her any grievous bodily harm whatsoever—I had many troubles, and this occurred in a fit of frenzy—the interview was much longer than she has stated, about twenty-five minutes—I do not feel myself in a state of body or mind to go on with my defence at any length—I am exceedingly sorry for the act, but I repeat and solemnly declare that I had no intention to do what is imputed to me in the indictment in the first two counts, none whatever—I had had a great many troubles and embarrassments at Hitchin, and I was driven to a state of mind in which I was not able to judge properly of my acts, and was quite unable to control
them in many cases; so I can only submit this to the merciful consideration of the Court, and take whatever penalty is adjudged to me. At the same time I wish to hand these two papers to your lordship (handing them in). I can say nothing more. My health is bad, and I am not able to go on with the defence at all.
GUILTY on the Second Count— Five Years' Penal Servitude.
ADJOURNED TO MONDAY, JANUARY 14TH, 1877.