CENTRAL CRIMINAL COURT.
OWDEN, MAYOR. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 14th, 1878.
Before Mr. Recorder.
MR. BESLEY conducted the Prosecution; and MR. STRAIGHT the Defence.
After the opening, the defendants stating, under the advice of Counsel, that they would PLEAD GUILTY , the JURY found that verdict.— To enter into recognizances to appear and receive judgment if called upon .
MESSRS. POLAND and STRAIGHT conducted the Prosecution; MR. WARNER SLEIGH appeared for Green and Barrett; and MR. GILL for Darch.
EVAN ISAAC . I am a tin-plate proprietor at Pont-y-dulas, South Wales—on 15th October I consigned 40 boxes of tin plates to R. and W. Pullen, of Gracechurch Street, London, by the Great Western Railway—25 of the boxes contained 225 plates in each box, and 15 of them 112 in each—the 15 boxes arrived safely—these plates (produced) are similar in size and character to those contained in the 25 boxes—they are 14 inches by 10—the 25 boxes would be worth about 23l.—the boxes were made of elm, bound with hoop-iron similar to the pieces produced—I afterwards heard that the 25 boxes had not been delivered.
WILLIAM BROOKS . I am a foreman porter in the service of the Great Western Railway Company at the Paddington goods station—on 17th October it was my business to send off various things consigned to that station—among other things I saw 25 cases of tin plates coming from Pontydulas for Messrs. Pullen, of Benett's Place, Gracechurch Street—they attracted my attention—I could see that they were tin plates—I saw them put into Keats's van—I counted them; they were correct—these plates and pieces of cases are similar to those I saw.
having 25 cases of tin plates—I left the station with them about 9 that morning—they were directed to R. and W. Pullen, Gracechurch Street—I was to take them to the Victoria Dock—there was nothing else in the van—I was too late for the docks—I pulled up at a beershop in Commercial Road, put the nose bags and cloths on the horses, and went to have a little refreshment—I was away about seven minutes, and when I came out the van and horses were gone; there were two horses to the van—that was about 10 minutes to 5 in the afternoon—we hunted about for about three-quarters of an hour to see if we could find the van, and then went to Arbour Square and gave information to the police—I had a man along with me, he went with me to have refreshment—I saw the van next morning at the Hoxton police-station, but not the goods.
JAMES MCCROW . I am a carman in the employ of the South Western Railway—on 17th October about 5 o'clock I was with my van in the Bethnal Green Road, and saw the van 810 with two horses coming towards me at a pace of about 9 or 10 miles an hour, driven by the prisoner Barrett—I did not know that it was Keats's van—on 14th November I went to the police-station, and there picked out Barrett—I am quite sure he is the man who was driving the van—he crossed my horse's head, coming from the direction of Sale Street, and about 100 yards from it.
Cross-examined by MR. SLEIGH. The vans are sometimes driven by different men—it was not dark, it was getting that way—I saw the man for about two minutes—I was not at the first hearing before the Magistrate—I heard of it, and heard that Barrett was in custody, when I went and picked him out—he was wearing a cap at the time.
Re-examined. The van was going towards Dalston—I picked Barrett out of about thirteen persons—I did not know him before—I was asked to go and see if I could recognise the man.
SUSAN ORAM . I am the wife of James Oram, of 7A, Martha Street, Dalston—on 17th October, about 5 o'clock, I saw a Great Western Railway van draw up at our house—the driver got out of the van, put the nose-bags and cloths on the horses, and left them and went round the corner—Barrett is the man—the van remained there till about 10 o'clock, when the police took charge of it—I afterwards saw Barrett when he was in custody, and picked him out of nine or ten others—I have no doubt about him.
Cross-examined by MR. SLEIGH. I had no hesitation; I picked him out immediately; he had on fustian trousers, a black coat, and a billycock hat.
JAMES BROWN (Policeman N. 597). On the night of 17th October, between 9 and 10 o'clock, I went into Martha Street, and found a pair-horse Great Western van, No. 810—I took it to Kingsland Road station, and then to the green yard—the nose-bags and rugs were on the horses.
JOHN O'CALLAHAN (Police Inspector K). On 29th October, about 7 p. m., I went to 36, Sale Street, Bethnal Green; it is a greengrocer's shop—it is about a mile and a half from the Stepney station, and about half a mile from Martha Street—I went to execute a search warrant there—I saw Green in the shop with his daughter and Darch—I asked Green who Darch was; he said either "my son," or "my son-in-law," I can't recollect which—I told him I had come to execute a search warrant—he said "Very well, you will find nothing here"—Detective Waller was
with me, and Green said, turning to Waller, "You know, Mr. Waller, I told you I would tell you if anything was brought to me"—I went upstairs, and searched the upper portion of the premises, in company with Green and a City detective—at the time I entered Green's house I sent two constables to No. 3, Park Place, the door of which is opposite the side gate of Green's house, and the width of the court is only four or five feet—I found nothing upstairs—on coming down into the shop a bag containing ginger was lying in the doorway—Green's attention was called to it by a constable who was with me, and he said "It is a plant, it was not there when we went upstairs, somebody has put it there to ruin me"—there were a number of bags in the shop containing potatoes of almost a similar appearance to the bag containing the ginger, so that I could not say whether that bag was there when I went there first—about this time the constables I had sent to Park Place came into the shop, and said they could not gain admittance—I directed them to force the door open—I afterwards went there—the door opens direct into the kitchen—the fire was alight, and there was every appearance of the place having been recently occupied, but nobody was on the premises—the search warrant was issued with regard to a quantity of chemicals, and I found a bottle of infusion of senna, which was mentioned in the warrant—I found about 25 or 30 cwt. of tin plates similar to those produced, also parts of broken boxes and iron hoops, parts of which I produce, and which have been shown to the witnesses—I also found two firkins of butter, two crocks of butter, three sacks of split beans, a sack of wheat, four canvas wrappers, some silk handkerchiefs, some ostrich feathers, three great-coats of the Irish constabulary, and two pairs of new trousers—these things were found in the kitchen and back-room on the ground-floor, and some in the rooms occupied as a bedroom and sitting-room—there are four rooms in the house, two on the ground-floor and two on the first—the name of "Seamark, Maidstone" was on the wrappers—I took possession of all the things, and they have been seen by the witnesses—Green was taken to the station while the house was being searched—Darch and Green's daughter left while I was searching upstairs—they did not come back—I placed a constable in charge of the house, and he remained there all night—at the station I showed these goods to Green, and said they had been found at 3, Park Place—he said "I know nothing about the place"—I saw this machine there which is used for opening cases without leaving any mark.
Cross-examined by MR. SLEIGH. Before I searched 3, Park Place, I asked Green if he had anything to do with those premises, and he said "No, it has nothing to do with me"—I very likely said "Your son-in-law and your daughter live there"—Butterick called my attention to the bag of ginger—I placed him at the door while I went upstairs—he had not been to No 3.
Cross-examined by MR. GILL. I did not speak to Darch—Green did not call him his intended son-in-law, he either said his son or son-in-law.
RICHARD POTTERELL . (City Policeman 116). About a quarter-past 1 in the morning of the 20th November I went to No. 3, Tighe Court, Milton Street—as I got into the court Barrett put his head out of the window and shouted to me "If you want me, come up here after me"—I was in plain clothes—I said "Is it you, Tom?"—he said "Yes"—I said "Then I want to speak to you"—one of the G division was with me; he went
and put his hand to the door and it flew open—he went part of the way upstairs, and Barrett said to him "If you come up here I will kick your b—face in"—I took the officer's lantern and went in front of him and said "It is me, Tom"—he said "All right, you can come"—I got upstairs, and he asked me what I wanted—I told him that he would be charged with being concerned with others in stealing and receiving a quantity of drugs, the property of Mr. Connell, of Redcross Street—he said "A b—y good charge you have got now."
WILLIAM WALLER . (Detective K). On 29th October I was with the inspector when the premises were searched—I saw Darch and Green's daughter in Green's shop—I knew Green before—he had spoken to me about 18 months ago about an occurrence when I went and saw him—I took Darch into custody next morning at Messrs. Bishop's distillery, Ropemaker Walk, Finsbury, where he was employed as carman for about 12 months—I told him it was for being concerned in receiving a quantity of goods at 3, Park Place—he said "I know nothing about them"—I said "You were there last night with Green's daughter and ran away"—he said "Yes, but I know nothing about the goods you are speaking of"—I said "You are married to Green's daughter?"—he said yes, he was there last night, but knew nothing about the goods—he did not say where he was living at that time; on the way to the station he said he was living at 1, Collingwood Street, Shoreditch—on the night in question I assisted in searching Park Place, and found this Bible on the bed in the bedroom; there is this writing in it: "March 25, 1868. This Bible belongs to J. Darch, aged 12 years, a gift from his grandmother, Susan Dean, aged 60 years." On 31st, at the police-court, Darch asked me if his wife was outside; I said "Yes."
Cross-examined by Mr. GILL. Five or six officers went to Sale Street on this night—I went into the shop in company with the inspector, the other officers had gone to Park Place.
JOSEPH AKERSON . I am an inspector in the employ of the Great Western Railway—on November 3 I went to the Bethnal Green station to look at some tin plates—I counted them, there were 5,656, and the measurement of them was 14 by 10.
BRADLEY CHARLES MUMFORD . I am collector to Messrs. Reynolds and Eason, of 43, Bishopsgate Street Without—they have the letting of 3, Park Place; it belongs to a building society—I don't know the name of the tenant—I collected the rent from 22nd August from Green's shop in Sale Street—Darch was the tenant, but in the name of Dean—either Green or his wife gave me that name; the rent was 7s. a week, and was paid weekly—I went there for it regularly every week—they had a rentbook which was produced every time I went, and I signed the receipts—sometimes Green paid the rent, sometimes his wife, and his daughter, I think, only on one occasion—I never saw Darch to my knowledge—I let the house to Green for his daughter and son-in-law—the rent-book was always at Green's premises—the place in Park Place was always shut and the shutters closed.
AUGUSTUS PARDOE (Policeman 589 K). I know Sale and know Darch—I have seen Green and know his wife and daughter—I used to call Darch up at 5 o'clock of a morning at 3, Park Place—I saw him and Green's daughter together one day, and she said to him "This is our policeman that calls us up in the morning."
HENRY LEVY . I live at 5, Park Place—I know Green—I have seen him at his shop in Sale Street, and sometimes have seen him go in and out of 3, Park Place—I know Barrett—I have seen him in the yard of Green's house in Sale Street on several occasions with Green and a man I can't identify, and George and Arthur Green, Green's sons—they were frequently opening cases—they were ordinary cases, such as goods are packed in—I have seen cases arrive, sometimes in a barrow, and sometimes by hand—I have seen Arthur and George Green and Barrett bring them there—I can't say who was living at 3, Park Place—the shutters were mostly closed—I have seen Green and his two sons go in there—I have seen the cases taken away after they were opened—on one occasion I saw one filled up with horse-dung, and I saw Barrett packing up some brown paper and filling up the case, then it was nailed up and sent away.
SARAH LEVY . I am the daughter of the last witness—I know the house, 3, Park Place, the shutters were mostly closed—I have seen Green go in and out there, and Darch also—I have seen cases brought into Green's back yard—they have remained there sometimes 5, sometimes 10 minutes—I never saw anything done to them, only brought out again—one day I saw five brought by Arthur Green—I have seen George Green, but very seldom—I have seen Barrett there several times when the cases have been there.
Cross-examined by MR. GILL. When I saw Darch there it was mostly in the evening.
WILLIAM SEAMARK . I am a linendraper, of King Street, Maidstone. On 2nd October I saw a parcel of 131 1/2 yards of flannel packed at my premises in a wrapper, with seven empty wrappers enclosed—I addressed it to I. and R. Morley, Gutter Lane—the value of the truss was about 7l.—I have been shown four wrappers by Inspector O'Callahan which were found at Park Place, one of which had my direction on it—my name was on them all—it was sent by Larkin and Co., the carriers.
JAMES CALNAN . I am in the service of Mr. Larkin, carrier, High Street, Borough—on 3rd October I received a truss from Mr. Seamark, consigned to Morley and Gray, Gutter Lane—it was placed in a van to be delivered—I checked the truss myself—Bennett was the carman—it left our premises on 3rd October.
EDMUND BENNETT . I was carman to Mr. Larkin—on Oct.3 I started with my cart all right, when I got to Morley's I found the truss was not there—I had delivered goods at several places on my way, and had left the cart in charge of the boy—I reported the loss of the truss when I got back.
JOSEPH LITTLECHILD . I am in the service of Messrs. Bousfield, clothiers, of Houndsditch—on Oct. 23 I sent a package containing three soldier's coats and three pairs of trousers by the Great Eastern Railway—I have since seen and identified them at the Bethnal Green station.
wholesale chemists, 127, Aldersgate Street—on 23rd October I delivered to Talbot, in one of Connor's vans, a case containing some cod-liver oil and a bottle of senna with other goods to go to the West India Dock; the case was fastened up and in good condition—next day I went to the dock and saw that the case had been broken open and some of the things gone, amongst them the senna—I have since been shown the bottle of senna at the police-station—the case had been opened and fastened again in a very clumsy manner.
JOSEPH PARKER UPTON . I am clerk to Messrs. Bowles and Son—on 25th October I had three crocks of butter for Tagg, of Faversham, to go by the London, Chatham, and Dover Railway—I handed them to Ridley, a man in the railway employ, who is now under charge—he signed a receipt for them—the butter was not delivered at its destination.
RICHARD STREETER . I am manager to Mr. Bowles—Ridley used to call at our warehouse once a day for goods—I have been shown a crock of butter similar in every respect to the three crocks forwarded to Tagg, of Faversham, on 23rd October—I also saw two firkins of butter which I recognised and had seen safe on 27th October.
WILLIAM ROLFE (Detective K). I was with the inspector on Monday evening, 29th October, when these premises were searched—I found the constables' overcoats, two downstairs and one between the bed and mattress in the back room upstairs—there are two rooms, a bedroom and living room—I also found this pawn-ticket with the name of Ann Darch on it—at the police-court Darch asked me to ask Emily (Green's daughter) to bring him a pair of trousers—I did so and she brought them—I had seen them hanging behind the door at 3, Park Place, with a coat and waistcoat, and I afterwards found that coat and waistcoat in a drawer at Green's house—I also found in Green's house a number of articles that I had previously seen at 3, Park Place.
Service of a notice on the prisoner Green in Newgate was proved with a view of proving(in compliance with the provisions of 35 and 36 Vic.) a previous conviction of Green of receiving stolen goods; the RECORDER, however, entertaining considerable doubt as to the admissibility of the evidence, it was not pressed.
DARCH received a good character. GREEN— GUILTY of receiving . BEN-NETT— GUILTY of stealing . DARCH— NOT GUILTY
GREEN and BENNETT then PLEADED GUILTY to having been before convicted of felony, Green on 27th October, 1873, and Bennett on 20th September, 1875. There were five other indictments upon which, as to DARCH, no evidence was offered, and he was ACQUITTED
THOMAS TILLING . I am a checker at the London, Chatham, and Dover Railway, Blackfriars station—on 23rd October I saw Ridley's van there—this paper is a copy of the sheet given to the carman, who takes his sheet to the clerk in the office when he comes in—I checked his van about 8.30 p.m.—I looked for three crocks of butter on the van—I only found two.
Cross-examined by the Prisoner. Your van was nearest to the station clock—I do not remember if it was sheeted, nor if a private van was
being unloaded, there might have been—the butter was in the centre of the van.
ALFRED CHAMBERS (Inspector, Chatham and Dover Railway). On 25th October the prisoner was out with a van—I received some information the following day about some crocks of butter, and I sent for him and asked him how many he brought in—he said "Three"—I said "There is one missing"—he said "I will swear I placed them on the bank myself"—"bank" means the platform.
Cross-examined. We found the declaration—you also said "If you will let it remain till to-night I will find out how many I did receive"—you did not go with me—O'Callahan was waiting outside.
JOHN O'CALLAHAN (Police Inspector). On 23rd October I found the crock of butter which has been shown to the witnesses—I took the prisoner on 4th November at his house on another charge—I told him he was apprehended for stealing two flagons of butter, the property of Messrs. Bowles—he said he thought his not coming to work would look suspicious, but his leg had been sore—he said nothing about the butter.
Prisoner's Defence. I could not come on 2nd November because of my illness.
RICHARD STREETER . On the afternoon of 27th October I missed two firkins of butter from the roadway near our warehouse in King Street—the police have since shown me two firkins of butter which I am certain is mine—I sent no butter that day by the Chatham and Dover Railway.
Cross-examined by the Prisoner. I did not see you that day.
JOSEPH PARKER UPTON . On 27th October the prisoner called with his van about noon—I had no goods for him and told him so—two or three hours afterwards he came again, which was unusual—I said it was unnecessary to call twice—he said that he wanted to make up a load.
FREDERICK MORRIS . I am 16 years old, and live at 30, Alfred Street, Camberwell, with my parents—I was van guard to the prisoner on 27th October—we left the Chatham and Dover yard at 11 a.m.—the van was empty—we went to Thames Street and got some hops, and presently went to Mr. Bowles's in Smithfield—the prisoner then got down from the van, and told me to run up to Wright's to see if there was anything for the Chatham and Dover Company—I went and was away two minutes—when I came back the prisoner was not with the van, but came a few minutes afterwards—the tarpauling was covered over the van—I went to George Yard—Ridley told me to go—I do not know where he went, but he went away—it took me two or three minutes to go to George Yard—on my way I noticed, for the first time, two firkins of butter in the van under the tarpauling—I did not know if they were there when I went to Wright's—Ridley joined me and the van is the Old Bailey—we called at the booking-office there—I was in there five minutes—we then went to Lavender's—I went in—Ridley stayed with the van—I came out, but saw no more of the van—I went to our booking-office—a man outside told me to—I saw the prisoner there—he was not with the van—I went
back with him and the van to the last booking-office—I do not know what time we returned to the station—from the time we went to Bowles's till we got back to the station a couple of hours elapsed.
Cross-examined. You drove the van to Smithfield—in King Street you said to me "They ain't ready yet, mate," meaning the things at Bowles's—I went twice to Bowles's—the second time I did not take the van—I did not see the butter in the van when I went back to the station.
WILLIAM ALFRED PARKES . Ridley was employed by the London, Chatham, and Dover Company as a carman on 27th October—I have his delivery note of that day—there are no firkins of butter mentioned in it—Ridley came into the company's employ on 16th October—on 3rd November he did not come to his work.
JOHN O'CALLAHAN . I found the two firkins of butter at 3, Park Place, on Sunday evening, 29th October—I showed them to the witnesses, who identified them as Mr. Bowles's property—I took the prisoner—he said he knew nothing about them—he thought there was something the matter as a South-Western man had told him he was suspected of stealing them—then he said he had a bad leg, and that accounted for his absence on the previous day.
NEW COURT.—Monday, January 14th, 1878.
Before Mr. Common Sergeant.
MR. CRAUFURD conducted the Prosecution; and MR. BESLEY the Defence.
THOMAS FREDERICK MUMBY . I am a dairyman, at Lamb's Conduit Street—on Christmas morning between 8 and 9 o'clock I served the prisoner with 1/2d. worth of milk and ¼lb. of butter—he put 1s. into my hand—I turned it round to the light and said "This is a bad one, I shall give you in custody, you have had me before."—he said "I hope not"—I said "I have got a florin you gave me about a fortnight ago in my desk"—I could not see a policeman, and I took him to the station myself—he had been there on Sunday morning, 9th December, for a pint of milk and 1/2lb. of butter—he put down a florin, I gave him the change and he left—I put the florin in my pocket, where there were only sixpences, and afterwards gave it to a boy with 2d.; in change for a half-crown—I had no other florin in my pocket, only sixpences, and I put no other coin into my pocket before the boy came—Mrs. Smith, the boy's mother, afterwards handed me a bad florin, which I kept by itself till the prisoner came again, when I gave it to the policeman with the shilling.
Cross-examined. I know that the florin was taken by George Watts to his mother, and by her to Mrs. Reeves, and back again to Mary Watts, before it came back to me, therefore I cannot swear to it—I generally take down sixpences and small change—that is not applicable to Sundays only—this was 9th December—my milk-book gives me the date—I did not hold him by the collar all the way to the station—he walked by my side.
GEORGE WATTS . I live with my mother, at 87, Lamb's Conduit Street—on this Sunday morning she gave me a half-crown to buy a loaf—I went to Mr. Mumby and gave him the half-crown for a loaf—he gave me a florin in the change, which I gave to my mother.
MARY WATTS . I am the mother of the last witness—I sent him for a loaf one Sunday in December—he brought back a loaf, a florin, and 2d.—I did not keep the florin five minutes—I gave it to Elizabeth Reeves to go on an errand—she brought it back an hour afterwards, and I took it to Mr. Mumby.
Cross-examined. I had not marked it.
ELIZABETH REEVES . My husband is a farrier, of 87, Lamb's Conduit Street—one Sunday in December Mrs. Watts gave me a florin to buy something—when I got to the shop I found that it was bad—I returned it to Mrs. Watts.
Cross-examined. I took it to a fruiterer's shop in Somers Town—George Watts was with me—a woman served me—she is not here—she did not bite it.
Re-examined. I never lost sight of it—I am sure it is the same.
CATHERINE HANNEN . I keep a general shop in Green Street, Lamb's Conduit Street—on Sunday morning, 9th December, a man who I believe to be the prisoner, but his dress is a little altered, bought some tea, sugar, and other things, which came to 1s. 3d., and gave me a florin—I bent it in a tester, and returned it to him—he took it away and left the goods.
Cross-examined. I bent it, and bent it back again.
WILLIAM BATEMAN (Policeman E 379). I took the prisoner on Christmas day, and told him he would be charged with uttering counterfeit coin to Mr. Mumby, of Lamb's Conduit Street—he said "I did not utter a coin there"—he refused his address—I received this florin and shilling from Mr. Mumby.
Cross-examined. He walked into the station, but Mumby's hand was on his coat sleeve—Mumby said "This man has had me before"—the prisoner said "I was never in the shop before."
The prisoner received a good character. GUILTY of uttering the shilling only. Four Months' Imprisonment .
MR. DE MICHELE conducted the Prosecution.
WILLIAM HULL . I am assistant to George Russell Miles, of 1, James Street, Covent Garden—on l9th December I was called up at a few minutes after six, and found that an iron trap in the cellar had been forced up which is flush with the pavement, and which was safe the night before—you can get from the cellar into the shop—I missed about 1l. in silver and copper from the till in the shop—the prisoner was in my master's employ two years ago—I also missed this padlock and two keys belonging to the trap—they were inside—they were my master's property.
GEORGE ALFRED TAYLOR (Policeman 366 E). I was on duty on this morning, and found that the iron grating had been forced open—I went to the station for assistance, and the prisoner unlocked the cellar-flap, opened the doors, and came up with the lock and keys in his hand—I asked him what he was doing there—he said that he was cellar porter there—I asked his name—he said "Smith"—I asked where he lived—he
said that he slept at the other premises in Marlborough Street—I searched him at the station, and found 15s. 9d. in silver, 4s. 9d. in bronze, a knife, and some papers.
Prisoner. I am not the man at all—I was not taken from the premises—I was taken in Catherine Street.
Witness. I took you outside the cellar-door—what you are alluding to is that you tried to escape from the station, but you never got out of sight—I saw you put down the lock and key in the charge-room.
Prisoner's Defence. They took me from Catherine Street—I saw the police running after some person, shouting "Stop thief." I ran and was taken, and they said that I was the man.
GUILTY — Twelve Months' Imprisonment .
MR. A. B. KELLY conducted the Prosecution.
JAMES MOSSMAN (Policeman 365 H). About 1.30 a.m. on 2nd June I was on duty at Hamilton Terrace, and saw the two prisoners jump over a wall in front of No. 84—I went towards them, and on seeing me they ran off towards Hall Road—I sprang my rattle and pursued them, and met them being brought back by two constables—on the way to the station I saw Leftwich drop these two jackets, and Doughty this waterproof—I saw these two waterproofs (produced) taken off Doughty at the station.
JOSEPH CURTIS (Policeman 34 S R). Early on 3rd January I was on duty, heard a rattle spring, and saw the two prisoners running—I stopped them, and asked them what they were running for—seeing that they were exhausted and out of breath we took them both in custody, and then met Mossman—Leftwich threw himself down—I searched him at the station; he was wearing these two waterproof coats under his coat, and this ring on his finger.
JAMES HODGES (Policeman 32 S R). I was with Curtis, and assisted in stopping the prisoners—I saw this waterproof taken off Leftwich—I then went to Hamilton Terrace, and in the area of No. 34 I found this third waterproof lying outside the window, and an iron bar close by the door-step—I examined, and found that it fitted the socket of the window-sill from which it had been wrenched—the window was open—there had been two bars, but one was gone—I saw Leftwich searched and two waterproofs taken from him—I was present when Doughty was searched; he also was wearing two waterproofs under his coat.
MARY RUSSELL . I am housemaid at 34, Hamilton Terrace—on the night of 31st December I shut up the house at 10 o'clock—there were then two bars to the area window, which were safe, and the window was fastened by a bolt—when I was called I missed these six waterproof cloaks and two jackets; they were in the house the night before—it is a ladies' school.
Leftwich's Defence. I had been to see a friend home, and saw the bundle on the wall, and we both got over and took them.
Doughty's Defence. It is quite true what my friend says; I am guilty of taking them, but not of robbing the house.
GUILTY .** They were both further changed with previous convictions—Leftwich
at Clerkenwell in February, 1876, and Doughty at Westminster in January, 1877. LEFTWICH— Eighteen Months'Imprisonment . DOUGHTY —Seven Years' Penal Servitude .
MR. MILLWOOD conducted the Prosecution.
ROBERT BUCKLAND . I live at Sutton, in the parish of Heston, where I am groom to Mr. Jones—on 21st January, about 5.30 p.m., he was away from home, and I went out and locked up the house—I returned about 6.30, and found the dining-room window, on the ground-floor, broken, and I missed from that room three coats, a pair of trousers, a gold-plated Albert chain, and a burnisher (produced)—these are them—three shirts are still missing—I then went to Quinlan's, the pawnbroker's, at Hounslow, and there found the prisoner Pusey pawning two coats and a pair of trousers, and he had an overcoat on—I have known him two months; he slept in that room on the Saturday before this—I gave him in custody—I do not know Hope.
CHARLES HICKES . I am a labourer, of Heston—on 2nd January, about 5.30 p.m., I saw Hope walking backwards and forwards, and while I was having some beer at the Old George he came in—I looked him in the face; he is the man—I then heard Pusey in the house; I knew him by his voice—Hope got a light for his pipe and joined Pusey, and they both went away together—Pusey was courting a young woman there—that house is a quarter of a mile from Mr. Jones's.
JOHN WRIGHT . I keep the Rifleman beerhouse, Hounslow—on 2nd January, about 7.15 p.m., Hope came in with a coat on his arm—a friend of mine at the bar said "Have you been travelling?"—he said "Yes, worse luck"—ten minutes afterwards a constable came in with Pusey, who picked up the coat lying beside Hope and put it on—this is it.
SAMUEL QUINLAN . I am a pawnbroker, of Hounslow—on the evening of 2nd January, Pusey came and produced two coats and a pair of trousers, and said that his name was Liddell, and he lived at Heston, and that the trousers were made for him expressly, at Pennington the tailor's, for 15s.—I said "They were never made for you, they are gentleman's riding trousers"—I detained him and went to the door to look for a policeman, and met the prosecutor and another man, and Pusey was taken in custody—he still persisted that the goods were his own, but afterwards he said that a man gave them to him at the Rifleman beerhouse—two constables brought Hope there, and I asked him whether he gave Pusey the goods—he said that he had never seen them.
GEORGE STRATFORD (Policeman 83 T). On 2nd January, about 8 p.m., I was called into Mr. Quinlan's shop, where I saw Pusey—he had a pair of trousers and two coats on the counter—I asked him where he got the trousers from—he said that a man gave them to him—I asked who the man was—he said that he did not know, but that he was in the Rifleman beerhouse—we went there, and he pointed out Hope as the man—I asked Hope if he gave Pusey the clothes—he said "No"—I took them both to the station.
it—Pusey said nothing, but only laughed—on the way to the police-court Pusey said "Hope thinks that he will put it all upon my back, but he will not."
Hope's Defence. I was in Mr. Wright's public-house, and Pusey, who was under the influence of drink, woke up, and asked me to shake hands, which I did, and then he asked me to mind his old coat till he came back. The policeman came in with Pusey and said "Did this man give you the clothes?" He said "Yes." I said "It is false." He picked up the coat which belonged to him and put it on—I am innocent.
Pusey's Defence. Hope asked me about two months ago if I knew anybody who went to church on Sundays, as if they had any money lying there he was just the one to break into the house and get it. I said "You have to get your living and I will get mine." After that I was going home and saw him chuck a bundle down. I picked it up. He took his own coat off and put a brown one on and asked me to take the other to the pawn-shop and he would give me 1s.
HOPE— NOT GUILTY . PUSEY— GUILTY .— Six Months'Imprisonment .
153. JOHN JOHNSON (60) to Burglariously breaking and entering the dwelling-house of Charles Henry Woodley, and stealing therein 13 yards of calico and other articles his property; also to Burglariously breaking and entering the dwelling-house of Matthew Atwood Sherring, and stealing therein 16 forks, 22 spoons, and other articles, his property, having been convicted of felony in November, 1869— Seven Years' Penal Servitude . [Pleaded guilty: see original trial image.]
154. JAMES CRAWLEY** (36) to Burglariously breaking and entering the dwelling-house of David Cowell, and stealing therein one candlestick and one spoon, his property, and one brooch, the property of Sarah Heath, having been convicted of felony in July, 1863; also to Assaulting James Morris and occasioning him actual bodily harm— Ten Years' Penal Servitude . [Pleaded guilty: see original trial image.]
155. WILLIAM HARRIS (41) and CHARLES WALKER (25) to Breaking and entering the dwelling-house of William Kibble and stealing four watches his property— Nine Months' Imprisonment each. And [Pleaded guilty: see original trial image.]
156. RUDOLPH REUTER (17) to Unlawfully obtaining two cigar-cases, two card-cases, and other articles by false pretences— Judgment Respited.[Pleaded guilty: see original trial image.] (See Half-Yearly Index.)
OLD COURT.—Tuesday, January 15th, 1878.
Before Mr. Recorder.
small paper parcel sticking out of the side pocket of one of the porter's coats that was hanging up—I gave information.
Cross-examined. I don't know how long the coat had been hanging there; they generally hang there all day—the prisoner said before the Magistrate that he had often reported to me finding loose cases, and I said he may have done so—he did not do so that morning.
ALFRED BECK . I am a checker in the employ of the railway company at Camden station—on 20th December I remember a box of fans being loaded there—some of the boxes fell out—the prisoner was helping me, and I sent him to stow them up on the bank so as to make room for other goods—that was about 9 a. m.—between then and 8.30 he would have an hour and a half for his meals.
Cross-examined. He would leave the premises for his dinner and tea—these goods were unloaded from Pickford's—the lid of a box was broken and the things tumbled out—after he had put them back I sent him to move some bars of iron.
CHARLES GWYNNE . I am a detective-sergeant in the employ of the London and North Western Railway Company—on 20th December, about 8.30, the witness spoke to me at the station, in consequence of which I ordered all the men to take their coats—I examined the coat which the prisoner took—I found a fan rolled up in brown paper in the outside pocket—if he had found the fan it was his duty either to give it up to the checker or to have sent for me immediately—I asked him to account for its being in his pocket—he said he had been packing up some boxes and it fell out into the run and he picked it up and put it in his pocket—that he was very sorry; it was the first time he had ever done anything wrong—I examined the box and found one empty—each fan was packed in a separate card box.
Cross-examined, This is the fan (produced)—it was broken as it is now—it was sticking out of his pocket—it might have been pushed in and concealed—he said "If I have done anything wrong it is the first time."
Cross-examined. That was said in the presence of the other constable—those were his exact words—I did not take them down—he did not say "If I have done anything wrong."
The Prisoner's Statement before the Magistrate. "I had no intention of stealing; if I had intended to steal it I could have made away with it when I went to tea."
MR. LILLET conducted the Prosecution.
JOHN HENRY GREGORY . I keep the Black Horse, at 48, Ropemakers' Fields, Limehouse—on Sunday, 23rd December, I was disturbed by the dog making a noise about 3 in the morning—I looked about but saw nothing—about 6 the dog came up and alarmed me again, and I went down and found a back window, which opened into the public parlour, thrown up and the shutters open—I returned upstairs and slipped on my trousers and went down again, and as I was lighting the gas my wife saw
the prisoner crouched behind the bar—I detained him—he did not appear to have been drinking to any excess; he might have taken a drop—I sent for a constable and gave him in charge—the window I found open I had fastened when I went to bed, and the house was quite secure—I found some cigars and tobacco moved from one side of the bar to the other, close to where I found the prisoner—I also found some lead gone from the back part of the premises.
JAMES DEWEY (Policeman K R 35). I was called to the Black Horse and found the prisoner there—he was given into my custody—I told him the charge—he said "All right"—he afterwards said he did not know how he got there—he appeared as if he had been drinking, but he knew what he was about—the back parlour window had been prised open by a crowbar like this (produced) which I found against the window—it belongs to the landlord, and was usually kept in the yard.
Prisoner's Defence. I was at a "lead" in the house that night between 10 and 11—I had a drop to drink, and do not know whether I stopped in the house or not—as to the lead or cigars I know nothing about it.
JOHN HENRY GREGORY (Re-examined). I am not aware that the prisoner had been in the house that night, I did not see him—there was a party there, but they had left, and I searched every room and every corner—I served at the bar myself, and if the prisoner had anything he must have come to me for it—if he had been in the house I must have seen him.
GUILTY — Nine Months' Imprisonment .
GUILTY — Twelve Months' Imprisonment .
MESSRS. STRAIGHT and. GILL conducted the Prosecution.
GEORGE DERWENT RADCLIFFE . I am manager to Mr. Herman Koekoek, a picture-dealer, of 72, Piccadilly—on 24th September the prisoner called and I saw him—he had called about a week previously—he called to see an English landscape which he wanted to form a centre between two other pictures in his drawing or dining-room—I promised to get something to show him—he afterwards decided not to have it—he gave his address, 15, Cavendish Place, Brighton—he said he was going to leave there, but was in treaty for a house about eight miles from Brighton, where he could have some fishing and shooting and amuse himself by looking after the men in the fields—I said I rather liked Brighton and had some notion of going to live there—he said "Well, if you are I will sell you my house"—he said he had bought it before things had gone up so, very cheap, furniture and all—he did not name any price—he did not state the name of the place he was in treaty for—he said they wanted 8,000l. for it, there was 1,000l. difference between them, but he had the option of taking it if he liked with the option of purchase afterwards—he said he had a small collection of drawings, some of Birket Foster's and others, and also a small collection of pictures by the old masters; and he invited me, if I was coming to Brighton, to come and see them—I think he said that the two landscapes he had, for which he wanted one to put between, were by Meadows, and
I said "Well, Meadows is not a very great man, though he is a pretty painter"—there was a picture standing before him which he said was a very pretty picture—I said "Yes, it is by a very good man"—he asked the price—I said 95 guineas—he said "Well, I will take that"—I showed him another by Bazzani—he said it was a very lovely picture—I said he was a very great man, his pictures realised a very large price, and were increasing in value—he said "I should like to buy that, what is the price?"—I said 160 guineas—he said "If you can give me a little time I should like to take those two"—a drawing by Birket Foster was put by for him—the third picture was by Verbeckhoven—I agreed to sell him the pictures—he took the Birket Foster away with him that day; the others were to be sent, and I sent them the following evening—I have since seen the Birket Foster in the possession of Mr. McLean; the Verbeckhoven in the possession of Mr. Gilbert; and the Bazzani in the possession of Mr. Cochrane—the first thing that induced me to let him take away the Birket Foster was, knowing the family of Elkington to be by reputation first-class, I believed his statement about the house in Cavendish Place and about his having a collection of pictures there, and that he had the power of selling the house—he also represented that he had a good income: that he was a man of independent fortune—it was the different statements taken together that influenced me—if he had said nothing about the house in Cavendish Place and his collection of pictures I do not think I should have parted with any property—if I had been perfectly satisfied he was the man he represented himself to be, I should not have hesitated—if he had been one of the family of Elkington, and a person of independent property; I very likely might have parted with the pictures.
Cross-examined by the Prisoner. You did not say that you had taken, not bought, the house at Brighton; I swear that—you said you had bought the house and furniture, that it was a beautiful house, and a very nice place—a writ was served on you for the pictures, and execution was issued and withdrawn—there were no goods there of yours—there was an interpleader—I was not told that you had given 200l. for the goods; I heard that you had given a cheque for 200l., which was not paid—I had no letter from you stating that your father had promised to accept a bill for you if I would allow the matter to stand over, and that it would be all settled after Christmas.
EMMA BLOTT . I reside with my mother at 5, Cavendish Place—we are joint owners of No. 15—in August last we let that house to Mrs. Hewitson, the prisoner's mother-in-law—I have frequently seen the prisoner there—the furniture in the house was the property of myself and mother—we have not received any rent in respect of Mrs. Hewitson's occupation—she left behind her a box of electro-plate, a looking-glass, and a few pictures, which were afterwards valued at 10l. 8s.—the rent due was 75l.
Cross-examined. I saw you and negotiated with you as to the taking of the house—I did not see any one else about it—I don't know that the first lease was drawn in your name—you were security for the rent under the second lease—you told me you were taking the house for a lady in reduced circumstances; the house was not yours—this (produced) is a copy of the lease—you told me that the house was taken by you for Mrs. Hewitson more as a matter of charity than anything else—you have a right under the lease to purchase the house from us. (This was a Memorandum
of Agreement to rent the house and furniture at 300l. per annum, with the option of purchase.)
Re-examined. It was from Mrs. Hewitson that I got the authority to sell the things that were in the house.
GEORGE ATTENBOROUGH . I am a pawnbroker, of 72, Strand-on 26th September the prisoner pledged a picture with me for 25l.—it was described as a painting, framed, 27 in. by 29 in.—the story of the picture was "A Declaration of Love, by Louis Bazzani, of Rome, 1877"—the contract-note was signed by the prisoner in my presence, "F. Elkington, 15, Cavendish Place, Brighton"—I find by an endorsement on the contract-note that it was removed from my premises on 20th December, 1877, and the money paid—I saw the picture at the police-court.
THOMAS MILLER MCLEAN . I am a picture-dealer in the Haymarket—on 24th September the prisoner came to my gallery and showed me a picture by Birket Foster; I have it here—he said it belonged to a lady at Brighton, and she wished to sell it—I gave him a cheque for 20l. for it—I have shown the picture to Mr. Radcliffe.
JOHN GILBERT . I am a picture-dealer in South Molten Street—the prisoner came to me in October with a picture by Verbeckhoven, and wanted to borrow money upon it—I understood it belonged to himself—he did not make any statement about it—I lent him 20l. on it, and took his acceptance at a month, taking the prisoner as collateral security—when the bill became due it was dishonoured—a question was raised as to the originality of the picture, and I went to Mr. Koekoek, and when Mr. Radcliffe saw the picture he identified it, and subsequently got it back, paying me my money—it was seized under the Sheriffs warrant.
Cross-examined. You called on me two days before you were arrested to redeem the picture—I told you the Sheriff had taken it, and you said you would go and see about it.
Prisoner's Defence. I looked upon myself as the owner of the house, and was trying to sell it—I was in negotiation with one gentleman, and it was only a question of 50l. between us, and he wanted to give me bills instead of money, and as I had to pay Mrs. Blott in hard money I could not do it.
The false representation alleged in the First Count was that the prisoner was an officer in a certain regiment, and as the only proof offered to support that averment was the production of the Army List, and inquiries made by the prosecutor and his solicitor, the RECORDER held that the First Count could not be sustained; as to the Second Count, although there seemed to be some confusion in the mind of Mr. Radcliffe as to what was the particular pretence that induced him to part with the pictures, there was sufficient evidence to leave to the Jury.
161. ARTHUR EDWARD RANDELL (21) PLEADED GUILTY to Stealing, whilst employed under the Post Office, two post-letters, one containing a diamond ring, the property of Her Majesty's PostmasterGeneral— Five Years' Penal Servitude. And
162. WILLIAM BATTY (21) , to Stealing 1 cwt. 2 qrs. of nutmegs of Thomas Vacher Low and Others, his masters, having been before convicted on 20th April, 1876, at the Thames Police Court— Judgment Respited.[Pleaded guilty: see original trial image.]
NEW COURT.—Tuesday, January 15th, 1878.
Before Mr. Common Serjeant.
164. ALFRED BRATHWAITE EMANUEL (27) to Embezzling the sums of 5l., 3l., and 4l., also 11l., 15l., and 34l., of George Washbourne Smalley his master. (It was stated that a Mr. Mackarness could take him into his employment.)— To enter into his own recognisance in 100l. to appear and receive judgment when called upon . [Pleaded guilty: see original trial image.]
MR. RAVEN conducted the Prosecution.
JEFFERY HEATHFIELD . I am getting on for 14—I live at Wood Street, Latimer Road, and sweep a crossing—on Saturday night, about 5.30, I was going home with my brother, and saw the three prisoners near Uxbridge Road station—one of them said "Here are some brooms for to nick"— we started running away, and the prisoners ran after us, and knocked my brother down, and took his money—I went to help my brother, and they took hold of me, and took my money away, and my broom, and ran away—I knew Barrett before, but not the other two—I am sure they are the boys—I told a policeman, who brought them to me I next day, Sunday, in custody—I knew them as soon as I saw them.
FREDERICK HEATHFIELD . I am 10 years old, and brother to the last witness—I was sweeping a crossing; the prisoners came running after us, and we ran away—they knocked me down and took my money, and then went to my brother and took his money—a policeman brought them on Sunday—I am sure they are the same boys.
RICHARD HARMAN (Policeman X 397). I took Shepherd in Uxbridge Road, and told him the charge—he said "I was not there; I was at the Scrubs at a pigeon-shooting, and came past there about the time"—I also took Parker—he said "I was not there, I was at home, and went to bed at 3. 30, and went to Marylebone Theatre afterwards"—the prosecutor identified them.
ROBERT HIDE (Policeman 218 X). I took Barrett in bed, at 21, Bangle Street, and told him the charge was being concerned with two men in custody, for robbing a child at Shepherd's Bush—he said "I was there, but had nothing to do with it, and do not know the other boys."
Barrett. I did not say that I was there at the time, I said that I was with my mother.
The Prisoners' Statements before the Magistrate. Parker says: "I am innocent. I was at the Marylebone Theatre when it was done, the boy who was with me is here; I did not see these boys all day, and was not there when it was done." Barrett says: "I came out of a coffee-shop at 5, met mother, and was with her from 10 minutes to 6, and was in the Shepherd's Bush market after leaving home." Shepherd says; "I was at the pigeon-match at the Scrubs till 5, then went for a job; I waited for the other boys, and went home with them; I know nothing about it, and did not get home before 8 o'clock."
Witnesses for the Defence.
EDWIN NEVITT . I am 18 years old, and am a carpenter's labourer—I know Parker and Shepherd—on Saturday, 15th December, I went to Marylebone Theatre, about 5. 15, and about 5 minutes after I went in Parker came in, and sat behind me till 11.30—sixpence is the price for going in, but I went across the stage, which is 3d. extra—I do not know whether Parker came in the same way—the theatre is about two miles from Uxbridge Road station—I came here because the constable came and inquired for me, and this paper was given me at Hammersmith—I have never seen Parker at the theatre before—three or four chaps were with me, but they are not here—they saw Parker, but they did not know him.
Cross-examined. I fix the time as 5.15, because I had just got off a bus, and saw a clock at the Clarendon Hotel, and these boys came into the theatre behind us—we remained there six hours and a quarter, but you can go out and get something to eat.
MARY ANN BARRETT . Barrett is my son, and lives in the next house to me under the same landlady—on Saturday evening, the day of this occurrence, I do not know the day of the month, a neighbour of mine was going to meet her husband by train; I went with her up Uxbridge Road, about 5.15, and my boy stood there alone—I stood with my friend watching the passengers come up the steps till 6 o'clock—her husband did not come, and she would not wait any longer—there were no boys but my boy there during that time—I went away home leaving him there, and saw no more of him till bed-time.
Barrett. There was a policeman in Uxbridge Road, and if we had done anything wrong the boys could have told him.
GUILTY — One Month's Imprisonment each, and Three Years in a Reformatory .
JAMES KEEFE . I am a traveller, of 26, Burridge Road—on 11th September, about 6.15, I was at the corner of Lime Street and Fenchurch Street, a fire-engine came up very fast, and the street being blocked, one of the horses fell—a crowd collected, and I felt a pull at my watch-chain—I looked down, and saw the prisoner's hand letting it go—he was close to me—I laid hold of him, held him till a policeman came, and gave him in custody.
Cross-examined by the Prisoner. My watch was safe when the horse fell—the fireman got down, and asked if I wanted assistance.
Re-examined. I saw his hand let go of my chain—I have not seen my watch since.
WILLIAM PIKE . I live at 38, Stepney Green with my father—I was at the corner of Lime Street between Pike and the prisoner, and saw the prisoner with his hand between Keefe's coat and waistcoat—I heard Keefe charge him three or four minutes afterwards.
GEORGE ARCHER (City Policeman 745). A fireman told me that a gentleman had lost his watch—I pushed my way into the crowd, and found Keefe holding the prisoner—he gave him into my custody for stealing his watch—I took him to the station—he was searched, and 3s. 3d. and a few odd coins found on him, but no watch.
The Prisoner's Statement before the Magistrate. "I have nothing more to say than what I have said, I call no witnesses here."
Prisoner's Defence. I know nothing about the watch—they have made a mistake and taken the wrong man. I had bought one dozen of figs in a little paper bag. I was eating the last one, and when the gentleman said "You have taken my watch," I dropped the last one because I was so struck. The boy said at the station that he saw me with the chain in my hand. I said, "I know nothing about your watch; I will not move from the place," and I stood there till the policeman took me.
MR. WRIGHT conducted the Prosecution; and MR. PURCELL the Defence.
ALLOIS SAINFERT (Through an Interpreter). I am a stonemason, and live at the South-Western Chambers, Wandsworth Road—on Saturday night, 5th January, about a quarter to 12, the prisoner came up to me near Temple Bar, and asked me to treat her—we went to a public-house, and I paid for some drink—she was then on my right side, and I took my purse out of my left trousers pocket, took some money out, and put the purse back in my left pocket—we remained there about a minute after that, she still being on my right side—we both left together, and when we had got about fifty yards beyond Temple Bar I missed my purse, which had in it, when I put it back into my pocket, two sovereigns, two half-sovereigns, a German twenty-mark piece, and some German and English small change—when I missed my purse I turned out my pockets—the prisoner wanted to get away from me, but I caught hold of her, and called out "Go with me," and she said "Go with me"—a woman came up and said something to her, and wanted to take her away, but I said "You must stop with me till the police come"—the prisoner had talked to another woman when we were in the public-house—that was not the woman who came up afterwards—no one was near my left-hand pocket after I put the purse back but the prisoner.
Cross-examined. I did not treat the other woman—I left the public-house first, and the prisoner followed me—when we got through the Bar I put my hand in my pocket and missed my purse, and then I asked her to go with me—she said "No, I will not go with you, you had better come with me"—I cannot speak English, but I made her understand—I made signs that she should go with me, and she made signs that I should go with her—that was after I had missed my purse—when I called "Police" she wanted to get away.
ROBERT FOX (Policeman 340 E). On Sunday morning, 6th January, at 12.10, I was at the top of Essex Street, Strand, and saw Sainfert holding the prisoner—I went up and he made signs that she had taken his purse and money—I took her to Bow Street station, and he charged her, through an interpreter, with stealing two sovereigns, two half-sovereigns, a twenty-mark piece, and some small change—she said "Was it all in English money?"—that is all she said—1s. 1 1/2d. were found on her.
Cross-examined. The prosecutor did not come up on the Monday morning until I fetched him. NOT GUILTY
For the case of JOHN MCDAID, commenced in this Court to-day, and concluded in the Third Court on Thursday, see Third Court, Thursday.
THIRD COURT.—Tuesday, January 15th, 1878.
Before Robert Malcolm Kerr, Esq.
168. JAMES STEVENS (29) PLEADED GUILTY to Burglary in the dwelling-house of William Cole, and stealing a workbox and two pieces, of sarsenet, and some foreign coins, the goods of Eliza Allmond— Twelve Months' Imprisonment .
169. DANIEL DRISCOLL (31) to Forging and uttering an order for the payment of 8l. 11s.; also to four other indictments for Stealing four coats, a clock, and other goods.— Twelve Month's Imprisonment. [Pleaded guilty: see original trial image.] And
170. JOHN STANLEY (52) , to Stealing one coat of the Civil Service Supply Association, and to having been convicted of felony in May, 1874, at Clerkenwell.—** Seven Years' Penal Servitude . [Pleaded guilty: see original trial image.]
MR. HANNEN conducted the Prosecution.
JOHN THOMAS HEX . I am employed by Messrs. Holland and Hannen—I pay the workmen on Saturday—I was paying the wages on the 8th December—the prisoner brought me this voucher—it is the form the workmen present for payment of their wages—I did not pay it because Crosse and Blackwell's work was finished, and I knew that Mr. Longstaff, the foreman, was not at the works and had not been—I said to the prisoner "This does not appear to be right; Mr. Longstaff is not the foreman"—he replied "Oh yes"—and I said "By the way, Longstaff is downstairs, I will run down and ask him;" and on going down I found it was a palpable fraud, and I communicated with some members of the firm—I believe the prisoner said Mr. Longstaff gave it to him.
EDWARD CARTER . I am a clerk, employed by Messrs. Holland and Hannen—the prisoner was employed by them six weeks prior to the 8th of December—on that day I asked him where he got the voucher from—he said he got it from the foreman, Mr. Longstaff, at Cross and Blackwell's—I asked him what kind of man he was—he said "A short, dark man"—I said "He is a tall, thin man."
By the COURT. I said before the Magistrate that he said "It was given to me at the corner public-house, and I thought it was Longstaff," and that it was a short, dark man, and he had never seen him before.
WILLIAM YOUNG (Policeman 176 E). I took the prisoner into custody on 8th December—I told him he would be charged with drawing a cheque, and asked him who gave it to him—he said a man outside gave it to him—I said "What kind of a man was he?"—he said he was a short dark man, he did not know anything of him, and that he was very sorry, but he was innocent.
THOMAS LONGSTAFF . I am foreman to Messrs. Holland and Hannenthe signature on this voucher is not mine—I gave no one authority to sign that—I know nothing about a job at Crosse and Blackwell's—I never saw the prisoner before then to my knowledge—I keep these vouchers in my pocket, and give a man one when he is to be paid—I am not the only one who has these papers—a number of people have them—only foremen—I cannot tell how the prisoner got it—I do not know his handwriting.
The Prisoner's Statement before the Magistrate. "I can only say that I am as innocent as a new-born child of any wrong towards the firm. I certainly gave the cheque in as already proved. I saw a man at the corner, and he asked me if I was a painter, and I said yes; and he said 'How long have you been off?' I said 'five weeks.' He said 'I am only off last night.' So then he pulled the voucher out of his pocket and said 'Will you take this in, I had a row with them.' So I had no suspicion of anything being wrong, and I took the cheque in and presented to Mr. Hex.
172. GEORGE FONDSFORD (22) and HENRY APPLEYARD (30) , Breaking and entering the dwelling-house of Ann Frances Cope, and stealing a shawl, a clock, and other goods. MR. TICKELL conducted the Prosecution; and MR. MONTAGU WILLIAMS
JOHN SMITH. I live at 12, Peele Place, Kensington, and am a coachman—on the 26th December, about a quarter to 9, I was passing 326, Fulham Road, when I saw Fondsford come out—I took hold of him—he dropped the shawl and a clock (produced)—I caught them, and under his coat I found this jemmy—I left the shawl at the next house and went for assistance—a constable got over the wall at the back, and I saw Appleyard in custody—I saw him drop a box of matches and a candle—I took them to the station.
Cross-examined by. MR. WILLIAMS. Appleyard dropped the candle and the matches three yards from the front door—I picked up the matches and another witness the candle.
Cross-examined. I should have seen the candle and matches if it had been light enough—I did not see them picked up.
EDWARD JURY (Policeman 28 R). I called at these premises on the night in question, and saw some marks on the door where a jemmy had forced the lock—I got assistance and got over the wall at the back—I heard some one unbolt the back door, and Appleyard came out—I took him, and he attempted to take something out of his pocket behind—I threatened him with my truncheon—I said "What have you got there?"—he said "Nothing"—I found these matches and candle—I took him to the station and searched him, and also Fondsford, and found on them these two bracelets, a top of a walking-stick, and a pipe.
ANN COPE . I am a widow, and live at 326, Fulham Road—I left my house on the 22nd December, and returned on the night of the 23rd—the place was very disorderly—all these articles are not mine, the bracelets are, and also the smelling-bottle—I lost about 5l. worth of property.
Cross-examined by MR. WILLIAMS. I left my house about 3.30 on the Saturday afternoon—I left no one there—I fastened up myself. APPLEYARD received a good character.
FONDSFORD— GUILTY *— Five. Years' Penal Servitude . APPLEYARD— GUILTY — Twelve Months' Imprisonment .
MR. DALTON conducted the Prosecution.
JAMES PHILLIPS . I live at 47, Chapel Street, Clement's Lane, and am a porter—on Sunday, 30th December, about 1 a.m., I was passing along the street, when I saw the prisoner and another man—I crossed the road—they followed me—the other man took hold of me, and the prisoner put his hand to my left-hand pocket—I had 5s. in it—I called out "Police"—they pushed me down.
WILLIAM LEONARD (Policeman 426 E). On the 30th December I went to Short's Gardens—I saw the prisoner and another man holding the last witness—I was about five paces off—as soon as they saw me they ran off—the prisoner was stopped by another constable who was in plain clothes—he said "Well, he cannot say it was me"—I did not lose sight of him.
ROBERT MARCH (Policeman 181 E). I was on duty on 30th December, when I heard the cry of "Stop thief"—I saw the prisoner running along Short's Gardens—I ran after him, and told him I should detain him till the other officer came—he said "I am not the man"—I am sure he is.
Prisoner's Defence. I could not run, I had no boots. GUILTY — Twelve Months' Imprisonment .
MR. BRINDLEY conducted the Prosecution.
ROBERT BRUCE MCLENNON . I am a coffee-house keeper, of 50, Dorset Street, Marylebone—the prisoner was my lodger about two months—on 30th November he said Mr. Hammond, of Child's Hill, Hendon, a butcher, had two houses for sale at Wood Green, and I gave him 5l. on 1st December to pay to Mr. Hammond on account of the purchase—this is the receipt (produced)—he subsequently took me to No. 1 and 2 Middleton Road—he said Mr. Hammond advised him to pay the 5l. as soon as possible, to secure the place, and I gave him the money to secure the place—on the 3rd the prisoner told me Mr. Hammond would come—he did not come—on the following Monday I received a telegram—we went to see the houses 1 and 2 Middleton Road, and Mr. Hammond was to call the next morning—Mr. Hammond did not call—the prisoner said he would see him, and get a statement from him of terms—he got a statement, and I agreed to the terms, which were 309l. in cash, and certain alterations to be made by me, and Mr Hammond wished to have 4l. more to make the sum 300l.—I gave him 4l. to take to Mr. Hammond—he said he was going in the country to bury his father, and went away—I since heard that his father was alive—I pressed to see Mr. Hammond, and the prisoner said he would arrange for me to see him, and came back, and said I should see him on the 10th—instead of seeing him I received a note purporting to come from Mr. Hammond—I made inquiries, and saw Mr. Hammond—I saw the prisoner the same evening, and told him I had seen Mr. Hammond—he told me he had seen Mr. Hammond, and had made an appointment to go with him to the solicitor's office at Wood Green, and that I should have a note—I received a note making an appointment—I did not keep that appointment, but went next day by myself—the prisoner received altogether 13l. on account of these houses, but I was to pay him a commission for his trouble—I called a constable, and gave the prisoner into custody—he at first denied, but eventually admitted that ho had committed the fraud, and said that he
was very sorry, and hoped I would not prosecute him, that he did not mean to defraud me, and that I should have the money—I have neither had my money nor the houses.
Cross-examined by the Prisoner. I did not offer you 10l.—I asked you what amount, and you said 5l.
EDGAR HAMMOND . I am a butcher, residing at Child's Hill—I do not know the prisoner, or that I ever saw him till he was at the police-court—I have no houses at Wood Green—I did not send a telegram or letter to the prosecutor—I had no transaction with the prisoner at all.
RICHARD KITCHENER (Detective D). On the 14th or 16th December the prosecutor charged the prisoner with the offence in question—he said he was sorry, but the prosecutor would get his money back if he would allow him time—I went with the prisoner to Hampstead, but only with a view of keeping him in sight till I saw the thing clear.
FREDERICK HAMMOND . I live with my brother Edgar at Child's Hill—I have known the prisoner by sight for some time—on 15 th December I was with my brother George—the prisoner called me on one side, and said he had two houses to sell belonging to Mr. Hammond, of Roslyn Hall, and that his landlord, Mr. McLennon, was about buying these two houses, and if I would go and say I was Mr. Hammond it would be 10l. in my pocket, and 20l. in his, and he could draw 5l. that night—I declined.
GEORGE HAMMOND . I live at Heath Street, Hampstead, and am the brother of the last witness—I have known the prisoner by sight for some years—my brother is a butcher at Child's Hill—I do not know of the two houses being for sale.
The Prisoner's Statement before the Magistrate was that Mr. McLennon asked him to look out for two houses for him, and that as he knew Mr. Hammond had two to sell, he took the prosecutor to see the houses, that the deposit was left in his hands, but before he could return it he was given into custody, and that he himself had been deluded.
GUILTY — Eighteen Months' Imprisonment .
OLD COURT.—Wednesday, January 16th, 1878.
Before Mr. Justice Lopes.
175. FREDERICK DIMSDALE (52) and CHARLES BURRELL MOORE (42) were indicted (together with CLARENCE WILLIAM DIMSDALE , not in custody), for Feloniously forging and uttering on 16th March, 1875, a certain deed purporting to be a lease, with intent to defraud.
The ATTORNEY-GENERAL, with. MESSRS. BOWEN, STRAIGHT, and. GRAIN, conducted the Prosecution; MR. BESLEY, with. MR. NICHOLSON, appeared for Dimsdale, and MR. MONTAGU WILLIAMS for Moore.
After the. ATTORNEY-GENERAL had opened the case, MR. WILLIAMS stated. that, as far as the facts were concerned, he was unable to alter them, but, referring to the case of Reg. v. Willshire, reported in the last number of the Session Paper, vol. 87, page 85, he would take the opinion of the Court whether the document in question, being signed by the parties in their own
genuine names, came within the legal definition of a forged instrument. MR. JUSTICE LOPES was clearly of opinion, that to make a false instrument, which represented that which it was not, with intent to defraud, was a forgery, as laid down in Reg. v. Ritson, 1st Law Reports, page 200, and supported by various dicta from works of authority on the subject.
The prisoners then stating that, under the advice of their Counsel, they would PLEAD GUILTY , the. JURY. found that verdict.
176. FREDERICK DIMSDALE and CHARLES BURRELL MOORE were further indicted, with THOMAS IRVING TAIT (39), JAMES DRAKE (55), CAROLINE TALBOT , and HARRIET MEREDITH , for Feloniously forging and uttering, on 7th October, 1874, a certain deed purporting to be a lease, with intent to defraud. To this indictment DIMSDALE and MOORE only PLEADED GUILTY . The said prisoners were then charged with unlawfully obtaining by false pretences certain large sums of money from various persons, to which all but Talbot and Meredith PLEADED GUILTY ; as to. TALBOT no evidence was offered, and she was ACQUITTED , and the ATTORNEY-GENERAL entered a NOLLE PROSEQUE with regard to MEREDITH.
FREDERICK DIMSDALE— Penal Servitude for Life . MOORE— Ten Years' Penal Servitude . TAIT and DRAKE— One Year's Imprisonment .
MESSRS. POLAND and STRAIGHT conducted the Prosecution; MR. MONTAGU WILLIAMS the Defence.
It appealed upon the medical evidence that the deceased was suffering from acute disease of the heart and lungs and other organs, and that her death might have arisen from those diseases, without being caused or accelerated by the violent act of the prisoner JURY therefore, under the direction of the Court, found the prisoner NOT GUILTY
NEW COURT.—Wednesday, January 16th, 1878.
Before Mr. Common Serjeant.
MESSRS. POLAND and. MEAD. conducted the Prosecution; and MR. BESLEY the Defence.
ALFRED YOUNG CHICK . I am a money-changer, of 58, Old Broad Street—on 27th July, 1876, Henry Eldon, the managing clerk to Mr. Chapman, a solicitor, brought me this card of Mr. Chapman's (produced), and a piece of paper, on which was written "Chicago Bonds"—he afterwards called and introduced the prisoner, and two bonds were produced (Numbered 2275 and 2493)—I gave the prisoner a crossed cheque for 326l. for one of the bonds—he gave his name F. A. Randolph—he left this sold note with me, "Sold by F. A. Randolph, of 19, Claydon's Terrace, Clapham"—I sold the bond to W. H. Bishop, who gave me a cheque for the amount, and some days afterwards the bond was returned to me marked "Counterfeit"—I have had to pay Mr. Bishop the money and the expenses.
Cross-examined. The bonds were issued in July, 1859—they are not marked on the London Stock Exchange—I generally require an introduction to persons I buy of—I am not a member of the Stock Exchange—I have no book by which I can see whether Mr. J. R. Young is the secretary of the Chicago Railway Company—I assumed the bonds to be genuine—they are 7 per cent. bonds for 1,000 dollars, which is about 200l.
JAMES CHAPMAN . I am a solicitor, of 1, Gresham Buildings, Basinghall Street—this card of mine is an old one—I became acquainted with the prisoner a short time anterior to March, 1876—I knew him by the name of F. A. Randolph, of 19, Clayland Road, Clapham—I became acquainted with him by his calling on me and saying that a client named Field had recommended him to me—he did not give Mr. Field's Christian name or address, and I never knew what Mr. Field it was; it was a hurried interview, and it was never discussed afterwards—he said that his name was Randolph, and I understood him to say from America—I issued a writ for him in the Common Pleas, and later on he said that he had some valuable securities which he wanted to realise, or had got to realise—that was about 6th or 7th July, when I had asked him for something on account of the action pending—I sent my clerk to introduce him to a stockbroker, but I did not know to whom he was going—I never saw the securities, nor did he say what they were—on the same evening he brought me this cheque for 326l., which was post-dated, and asked me to cash it for him—I agreed, and paid it in to my private account at Woolwich, where I have a local office; and on the morning of the 28th I sent Mr. Smith, my manager, to get a draft on Glyn's for 300l., which he brought me in notes, and I gave them to the prisoner, who, I believe, was waiting—I kept back 26l., as there was about 30l. due to me for costs—I feel sure that I took a receipt, but I cannot find it—I saw the prisoner a day or two afterwards, when he said "How is my action going on?"—I cannot fix the date—I set the action down for trial, but had to drop it, as he never came back—he had not told me that he did not intend to come again—I do not know when he left Clapham—I did not receive a farthing for the introduction to Mr. Chick—I did not know that my clerk had introduced him to Mr. Rossett, or I should not have allowed it—I am not acting as his solicitor now.
Cross-examined. When he first came to me he had purchased some furniture and paid the major part of the money, and the person who had lent it to him went one day and took a portion of it away—as far as my information goes it was a perfectly legal claim—the only name known to me was Randolph—at this time in July Eldon was my clerk; he had not then been convicted, nor did I look upon him as a person who would be likely to commit himself—he was my head clerk—he did not say to me in the interval between introducing the prisoner to Mr. Chick and turning the cheque into cash "Mr. Randolph says they cannot squeak for 10 or 15 days;" there was never a whisper of it—I never heard it suggested that the prisoner had used that expression till Eldon was in the witness-box—I subsequently discovered that the prisoner is most highly connected, that he is the son of a Canon of St. Paul's and the Vicar of Ruislip, but had no notion of that when he was my client—I never saw Webster, who took the bonds to Mr. Kingwell.
Re-examined. I heard a warder give evidence that the prisoner had
penal servitude in 1868, and that there was a previous conviction before that, and that the names he passed by were Jones and James, but I know nothing of him except as Randolph—when I last saw him at my office I had not heard that there was anything wrong about the bonds—it was August before he was apprehended—I did not know that my clerk had received any money, neither did I charge even the ordinary 6s. 8d.—I know that the prisoner's real name is Francis Pack.
HENRY ELDON (In custody). I am a prisoner in the House of Detention undergoing a sentence of six months for stealing—in July, 1876, I was Mr. Chapman's clerk, and had been so since February—I knew the prisoner, but only as Randolph; I thought he was an independent gentleman—I was spoken to about realising some bonds, and made inquiries of Mr. Chick, and afterwards went with the prisoner to Mr. Chick—that was, to the best of my belief, on 26th July—I introduced the prisoner to Mr. Chick and gave him Mr. Chapman's card—I had never seen Mr. Chick before—the prisoner said "I want you to go to a place, you will see the name of Chick on the blind"—I told Mr. Chick that I was Mr. Chapman's clerk, and was present when the prisoner gave him two bonds and received a cheque—it was just 4 o'clock, and Mr. Chick said that the cheque would be of no service then, but the prisoner said that he could make use of it, and Mr. Chick gave it to him; it was dated the 27th—on the same day, 26th, we were at a public-house, and I said "Is there anything funny about the bond?"—he said "No, why?" and he said "They cannot squeak for 13 days"—he said, as to the action, that he should have to go—I said "What, show the white feather"—he said "Well, I shall be away, and the principal witness is a lady, and it won't be convenient to have her called," and that he had given Mr. Chapman 30l., which was very exorbitant—I saw him again on the 27th and following day—Mr. Chick gave me a half-sovereign, and the prisoner gave me a 5l. note about the 28th or 29th—I proposed to give him change for the note, but he said "Oh, no," and I took the whole note—two or three days alter I introduced him to Mr. Chick I saw him at Mr. Chapman's office—he gave no address, and I did not know where he went to—the action was dropped—I next saw him at Guildhall in custody.
Cross-examined. I was not in Mr. Chapman's service when I was taken in custody, I had left some months—I was convicted in reference to a 100l. bank note being taken from an old gentleman's pocket who was drunk—I was tried with somebody else—I did not say that it was the other person who did it—I am not aware that the prosecutor's action was set down for trial—I did not say to him that I should be glad if he would lend me some money, as I had a sick wife and was in poverty—I had not a sick wife and I was not in poverty—the 5l. was given me as a gratuity—I never had a penny from him as a loan—I did not say at Mr. Chick's when the cheque was given, "Oh, it is all right, we can put it through our bankers"—I was tried in August, 1877—it was a small decrepid old dwarf whose money was taken—that was a fortnight or three weeks before.
ALFRED YOUNG CHICK (Re-examined by MR. BESLEY.) When the cheque was given at nearly 4 o'clock, a difficulty arose about it being crossed, and Eldon said "Oh, that does not matter, we can pass it through our bankers."
30th May, 1876, the prisoner brought me this card, "J. Chapman, solicitor, 10, Basinghall Street"—he sold me some German coupons, and on 31st July he called again and produced this note of Messrs. Chick, and asked me to purchase a bond, which I agreed to do for 165l. cash, and had to go out and fetch some railway coupons on the same company, and when I returned he had returned with these five coupons (produced), for which I agreed to give him 29l. 17s. 11d., and he left this sold note—(This was signed "F. A. Randolph, 19, Clayland Road, Clapham.") I sold all these securities to Alfred Venables and Co., exchange-dealers, Cornhill, and the coupons were returned to me as counterfeit on 20th August the same year—the bond was not marked "counterfeit"—it was not sent to America, only the coupons—before I knew they were counterfeit I wrote two letters to the prisoner at the address he gave—one on 19th August, to which I received an answer—the other was returned through the Dead Letter Office marked "Not known"—they were in reference to some more bonds.
Cross-examined. I am not a stock and share broker, but I knew that the bonds were not negotiable on the Stock Exchange and would have to be dealt with in America—there are a vast number of earlier undertakings whose mortgage bonds are not negotiable on the London market—I have bought Chicago bonds before—the prices are quoted in the New York list, not in the London—the prices in the New York list govern the prices here—we allow a small profit and for the risk—no other bonds bought by me have been sent back from America—I do not remember hearing of any genuine undertakings in America refusing payment of coupons and bonds.
Re-examined. I know this company as one of the first in America, as one of the first securities of the day.
CHARLES AUSTEN ALLEN . I am one of the firm of Allen and Wiley, stock-brokers, of 2, Copthall Court—in February, 1875, I was carrying on business on Cornhill—on that day Mr. Payne, a member of the Stock Exchange, introduced the prisoner to me outside the door of the Stock Exchange as Mr. Pack, who was distantly connected with him—the prisoner then asked me to sell some American bonds for him and showed me five bonds of the Chicago and North-Western Railway, Nos. 2389. 2426, 2586, 2727, and 2749, and told me he wished to sell them—I made some inquiries about them on the Stock Exchange of dealers in American securities and found they were not negotiable there; not on the official list—I told the prisoner that I should have to send the bonds to America, and would do so if he wished it—he said that he wanted some money immediately, and gave me the name and address of a gentleman who he said was his father—I wrote this (produced) from what he told me—from his introduction I believed him to be a thoroughly respectable person, with whom I was justified in doing business, and went with him to Mr. Cross's office in Cornhill to inquire the value of the securities—he said that he wanted 300l. immediately, and instead of selling them I agreed to lend him 900l. on them—he said that his father had Turkish bonds to sell, and so engaged me in conversation—I then wrote these two cheques produced. (These were on the Bank of England, dated 26th February, 1875, one for 300l. and one for 600l., payable to Francis Pack, Esq., or order. ) I wrote this receipt and saw the prisoner sign it—"February 26. Received from Allen and Wiley, 900l. Francis Pack"—he signed
no other paper—the bonds were left with me and he took the cheques—I was to send the bonds to America and he was to call at my office for the balance in three weeks time—he then left—afterwards from what I heard I considered that I had advanced 100l. too much—on 17th February I wrote to the address he had given me—my letter was not returned, but the prisoner did not call—the cheques came in through our bankers endorsed as they are now. (The 300l. cheque was endorsed "Francis Pack," and stamped "Cheque Bank," and the 600l. cheque "Francis Pack," Wm. Webster, stamped "National Bank.") The prisoner never called afterwards, and the bonds were returned stamped "counterfeit" all over them—I next saw the prisoner in custody at uildhall.
Cross-examined. If the securities had been London and North-Western stock I should still have required an introduction—we have books and circulars to tell us the interest paid on the bonds, and I could see that there were such things as these 1,000 dollar Chicago bonds, and I believe I should see who was the secretary and the president, and as to the redemption in 1885 in gold—dealing with thousands of bonds with coupons attached I never test their genuineness in any way—it is not true that some American companies have repudiated bonds of their former company and marked them as not genuine, but if they have not the money they do not pay.
Re-examined. I saw the prisoner write his name, and I believe the endorsement to these cheques to be his writing, and this card also, and the endorsement "Francis Pack" on these bank notes.
LEWIS PAYNE . I am a share dealer, and a member of the Stock Exchange—in February, 1875, I introduced the prisoner to Mr. Allen—he is not related to me, but a cousin of mine is living in his father's parish, and recommended him to come to me—I had never seen him before, and knew nothing of his previous career.
Cross-examined. The person I mentioned married a cousin of mine; they are people of position, named Hunter, in the Indian Navy—I do not know that the prisoner has been an officer in the Bombay army since he was 21—he showed me the bonds, and I took them into the market, and showed them to the dealers in the American market, who said that they were all right, but they would have to go to America—I told the prisoner I was only a dealer, and introduced him to Mr. Allen—that was after I had made inquiries—everything I did was bond fide.
Re-examined. I had never seen any of these bonds before—I did not part with them, I showed them to Mr. Gonan, a dealer, and asked him the value—I cannot say whether he took them in his hands, but they were opened to show that they were Chicago and North-Western.
HENRY BROOK SPONG . I am sub-manager of the Cheque Bank at the head office, Cockspur Street—about 26th or 27th February, 1875, this cheque of Allen and Wiley was paid in to the prisoner's credit—it has our stamp on it—all the money was drawn out by March 1, except about 7l. 15s., in five sums of varying amounts—he has never applied for the balance—I know nothing of him beyond the paper he wrote when he opened the account.
Cross-examined. The system of the bank is that everybody will take the cheques as cash—50l. was paid in cash, and 145l. by this cheque on our bankers, Messrs. Glyn, in favour of Webster.
Lane—in February, 1875, a person I had never seen before, but who gave the name of Webster, came and said that he had a friend who wanted to buy a carriage—he called three times alone, and once with a another gentleman—when he called alone he gave me a cheque for 600l. of Allen and Wylie, and said that if his friend bought the carriage he should want me to cash the cheque so that he might pay for it—he endorsed it in my presence, and I told him I would pay it into my bank, and get the cash—I paid it into my account at the National Bank, Charing Cross, on March 1, with another cheque for 7l. 15s., and found next day that it was duly credited to my account—I then drew a cheque for 600l., cashed it over the counter in five 100l. notes, and some tens and fives, took them to my premises, and within a minute or two Webster came with his friend, who I had never seen before—I understood him to he the son of the Dean of Windsor—he handed me a card with "Francis Pack" on it, which he wrote on one of my cards (produced)—I have no recollection of having this card when I gave him the notes—I use this sort of violet ink, and it is the same ink as the endorsement on the cheque—the card was most likely written in my presence, but I do not remember it—the prisoner does not look to me to be the same person—he looked a brighter, sharper man—I only saw him ten minutes—the carriage was not purchased—he said that he was going abroad that afternoon, and would call again when he returned—I had given the notes to Webster in the other man's presence—I never saw him afterwards—about a fortnight afterwards a detective from the Old Jewry came, and I suppose I handed him the card—I do not know who Webster was, but he said that he lived at Windsor—on the second occasion he told me that the gentleman's father was the Dean of Windsor, I understood, and lived there—I had one of the Queen's carriages in my place, and he said "Be particular, this carriage is going to your own people; the address is, 'The Cloisters'"—Pack did not buy the carriage, but he gave me 5l. for my trouble in passing the cheque through my bankers, and cashing it—I saw some reports in the papers, and went to Guildhall to see if it was Webster.
Cross-examined. I found that it was not—I did business with Webster, the other was a different man altogether—Detective Moss, if he was clean shaved, I should have stopped in the street as Webster—most of the talking was with Webster, until he came for the notes he never had anybody with him—I asked Webster why his friend did not open a banking account—he said that he was travelling a good deal, and it was not convenient—he said "I don't require the money till you have got it from your bankers"—I made my cheque payable to Webster or bearer, that was only to mark the transaction—I handed over the notes exactly as I took them.
ROBERT JOSEPH WHITE . I am sub-manager of the Charing Cross branch of the National Bank—Mr. Kingwell has an account there, and was credited with this 600l. cheque—he drew a cheque on 2nd March, and I cashed it with five 100l. notes, six tens, and eight fives.
JOHN MOSS (City Detective). On 8th September, 1876, I received a warrant for the prisoner's apprehension, and gave it to Taylor to execute in October, 1877—on 3rd October I saw the prisoner at Moor Lane station—he was brought in by Taylor, and I said "I believe you have read the warrant?"—he said "Yes"—I said "Are you the person mentioned in that warrant?"—he said "Yes, it is no use denying that, when I sold
those bonds I did not know they were forgeries, but I do not mean to tell you that I had not a belief they had been shook; the man I had them from must have been a pig, for I should never have dealt with such things if I had known they had been forgeries"—when 1 first received the warrant I went to 19, Clayland Road, Clapham, but did not find the prisoner—I had also been there early in August, before the warrant was granted, and found that he had left.
Cross-examined. This is the warrant (produced)—it was the foundation of the conversation—when he called the man a pig, I understood that he was very indignant with him—I hold a warrant for a man named Ford—I have not got his photograph.
Re-examined. Ford had sold two bonds to Mr. Chick the day before—he gave a false address, and I have not been able to find him.
WILLIAM BICKMORE . I live at 71, Overstone Road, Hammersmith—No. 56 belongs to me, and the prisoner rented it—he first came about November, 1876, and gave the name of Ryder—he took the house for three years, and remained about eighteen months—his wife stopped a little while after he was taken in custody—I had a reference. (Five of the 10l. notes were here put in endorsed, "Francis Pack, Cloisters, Windsor Castle," and two endorsed by Webster.)
MARTIN LUTHER SYKES . I live at West Chester, United States, and have come over to give evidence in this case at the request of the City Solicitor—I am now the Vice-President, Treasurer, and Secretary of the Chicago and North-Western Railway Company—the financial offices are at 52, Wall Street, New York—I have been officially connected with the company since 1867—I was then elected a director and second vice-president—in 1870 I became sole vice-president, and in 1873, treasurer and secretary—it is an incorporated company, with a common seal—the railway runs through four states and one territory—I am generally at the financial office—it is part of my duty to examine the bonds which are sent in for the purpose of registration, or to be examined—it is also my duty to pay the coupons—these are the first mortgage bonds with the coupons attached—these five bonds, 2389, 2426, 2586, 2727, and 2749, were brought to my office for registration or examination on 12th March, 1875, by a banker's clerk—I found that the bonds and the coupons were forgeries, and stamped them all over with this red stamp, "Counterfeit"—on 26th August, 1876, Nos. 2275 and 2493 were brought to the office by the clerk to a banker in New York for examination or registration—I found them to be forgeries also, and stamped them with the red stamp—these five coupons were brought to the office in August, 1876—I found they were forged, and stamped them "Counterfeit," and returned them to the person who brought them—since I have been in this country I have been shown Mr. Rossett's bond, No. 2579 (produced), and find it to be a forgery—I produce a genuine 1,000 dollar bond of the company, which I borrowed of a bondholder in America, to bring over here as evidence in this case—I have also brought some genuine bonds which have been paid—we frequently buy them up and cancel them—2501 is the lowest number of the 1,000 dollar bonds—I have made a most careful examination of these forged bonds, and find more that fifty discrepancies between them and the genuine ones, but they appear to be facsimiles unless they are carefully examined—the descrepancies are in the details—the engraving of
the seal is different in the two bonds; the genuine one has two windows in the locomotive, and two side windows or lights, both of which in the original seal are square at the top, but in the counterfeit they run up to an acute angle, both having the same general outline—in the counterfeit seal six spokes of the wheel are shown, and in the original there are many spokes, and you will find the circular outline, which encloses the device, is different, the counterfeit one having a much wider edge—in the vignette the lamp, or head-light, of the locomotive is ruled, and the counterfeit is not—the bell of the locomotive is merely a white blotch or spot on the counterfeit bond, and it is quite distinct in the original—the engineer's face is a mere blot in the counterfeit, and in the original you can see it clearly—the sides and the domes of the locomotive are in the genuine bond regularly shaded, and in the counterfeit they are white spots, and there is in the back a design of a steamboat, which is shaded dark, and in the good bonds it is light—the foot of the woman in the genuine bond is fully shown, but in the counterfeit it is nearly all cut off—the paper is different in shape, texture, and size, and the bond is different in width—there are also a number of descrepancies in the letterpress—the coupons are also different—the signatures are good imitations—Mr. Ogden is dead, and the secretary has left—Mr. Hutchings is supposed to be dead—Mr. Boody is living in New York—the trustee's signature is a good imitation, but it fails in many of the bonds—it is stated that it is not obligatory unless Mr. Tilden's signature is on it—on the back here is a descrepancy in the letter-press—there is a comma over the word "Mortgage" in one and not in the other.
Re-examined. I do not know of any instance of railway companies paying the maximum amount of their first issue and duplicating them afterwards and refusing to pay—I know nothing about Eries or rings—Vanderbildt is a very renowned name—a careful observer would see the difference in these bonds without a glass, but a casual observer would not—I should call the words "Chicago and North-Western" the same type in both bonds, but "Respectively" is not; they are entirely different in size and thickness—the "R" in Railway is very prominent—those words cannot have been produced by the same type, because they are not the same size, and the bottom of the "y" in the word Railway is different—this "1, 000 dollars" is thicker in the counterfeit—the "First Mortgage Bond" is pretty fair, it might be from the same type; there is a difference, but it is more in the distance of the letters apart—"Published February 1, in the City of New York" is entirely different type—"Principal redeemable" might be produced by a very bad impression—the writing after the word "certify" is in different shaped letters—"Name of" is entirely different. (The witness pointed out various discrepancies to the Jury. ) I am not an expert in printing—it is not an admirable imitation, but it is a fair one—we have never had a forgery but this, and never paid a forged bond or coupon—I have seen 99 counterfeit bonds in America.
By the COURT. What I have been giving is the result of comparison, but I do not think there is anything on the face of the bond to awaken suspicion taken separately—I think it is well calculated to deceive.
CHARLES CHABOT . I am a lithographer, and for a great many years have made printing a study—I have been shown the genuine and counterfeit bonds, and have examined the seal. (A clear impression of the Corporate
seal was put in. ) In the genuine seal there are, I should say, a dozen spokes to the wheels of the engine, and there are only six in the counterfeit—the windows here are square at the top, and in the counterfeit they follow the shape of the car, and I am able to say that it is not the common seal of the Company—I have heard that there are 50 discrepancies in the bonds, but I should say 500; they are innumerable; but there are 50 flagrant ones—the signatures are the best forgeries I have ever seen.
MARTIN LUTHER SYKES (Re-examined by MR. BESLEY). The genuine bonds begin with No. 2501 and end with 5900—I know nothing of any bonds being printed which have not been signed or issued—I have been in the Company's service 10 years, and never saw any bonds different from the one I have brought.
By MR. POLAND. We do not keep the plate from which they are printed—the coupons come in every six months—I first saw one of the forged bonds in November, 1874—the seal of the Company is the corporate seal and no other.
GUILTY . He was further charged with a previous conviction at Newington in March, 1867; and also at this Court in December, 1868, to both of which he PLEADED GUILTY— Ten Years' Penal Servitude .
MR. STRAIGHT conducted the Prosecution; and. MR. GILL the Defence.
THOMAS HARRISON . I am in the service of Morley and Gay, of Gutter Lane, warehousemen—on 22nd November I sold to Mr. Johnson, of Yarmouth, seven pieces of twill of different widths—these goods (produced) are similar in quality and width, but the ends have been torn off to get rid of the marks—they are soiled now as they were before, and two are rather shorter—to the beat of my belief they are the same.
Cross-examined. I sold a great many goods that day, but I had no more of this class of goods, the narrow ones—I am not in the habit of selling narrow widths of soiled stock—it is not usual in the trade to take the marks off, only the weights—other persons sold to Mr. Johnson that day in other departments, and two trusses were made up—twill is a very common thing in the trade—we had seven pieces in the warehouse of the narrow width—we do not sometimes have 100 pieces.
TOM MOWSAM . I am a packer to Gay and Morley—on 22nd November I packed some trusses for Mr. Johnson, of Norwich—I put some twill into one similar to this—I am not certain whether I or the foreman directed it—the two trusses were handed over to the Great Eastern carman—the material of the wrappers was similar to this produced—there is no name on this, because it has been cut in pieces.
Cross-examined. Similar canvas is used by almost every packing-house—about a month afterwards a detective told me that there was some twill at the station, and I went there—I dare say we had 100 pieces of twill like this on the premises at the time—I am in the packing-room.
WILLIAM COBORN . I am a carman in the service of the Great Eastern—on 23rd November I took two parcels to the Blossoms Inn, and gave Mowsam a receipt for them—this is my signature—they would be checked by the clerk there.
I checked Coborn's load, in which were two trusses for Johnson of Yarmouth—they would be taken off the van and put on the bank, and taken to the train—the prisoner was employed at the Blossoms Inn.
Cross-examined. The Blossoms Inn is in Cheapside, and the goods are taken to Brick Lane—they are loaded into a cart in the yard, not in the street—20 or 30 people are employed there, but not in unloading—I do not know what van these things were put into; I only received them—I saw the two trusses taken off the cart and put on the bank, but did not see them put into the other van—I remember that it was a wet night, and these were the only two trusses in the load—they are not taken straight from one van to another, they are put on the bank, and the man calls them off—they have shipping notes—there were 12 or 13 packages.
Re-examined. This is the sheet delivered to Coborn. (This mentioned two trusses for Johnson of Yarmouth. )
JAMES KEELE . I am a clerk at the Blossoms Inn—on 22nd November I shipped some goods into van 403—the prisoner and a man named Dixon were loading and I superintended—I shipped one truss for Johnson of Yarmouth—I did not look for another, but a claim was afterwards made for one.
Cross-examined. Dixon is not here—Eills called out the trusses, but other men were calling them besides—I said before the Magistrate "Only one truss was called out to me by Ellis"—that was to the best of my belief—Ellis is not here—Simpson was the driver of the van—it is a closed-in yard; the public have access to it—people are passing by while the packages are there.
JOHN O'CALLAHAN (Police Inspector K). About 7. 30 am. on 27th November I went to 3, Squerries Street, knocked at the door, and the prisoner put his head out of the window and asked what was the matter; he then came down and opened the door—I asked him whether his brothers Arthur and George were staying in the house—he said "No, I know nothing about them"—I said "I will see," and was going in—he put himself in the way and said "You will not go in here unless you have a warrant"—I pushed him aside and entered, and on the ground-floor in a cupboard I found these four rolls of calico standing up—there was nothing else in the cupboard, but there were traces of coal—I asked the prisoner how he accounted for them—he said that he knew nothing about them—three other people lived in the house—he was partly dressed—I told him to go upstairs and dress—I sent for Detective Rolfe, who said that the prisoner wanted to make a statement—I went up and he said "About three weeks ago a man brought the calico to the door on a barrow, and said 'Is this Mr. Green's?'—I said 'Yes'—he said that he was told to leave the things here, and I took them in"—he said that he did not know who the man was, but thought he should know him again—I took him in custody, and on the way to the police-court in a cab he said "I am sorry I took them in, or had anything to do with them; it is very likely they are intended for the old man (meaning his father); somebody being in the way, they could not bring them there"—the old man had been in custody nearly a month before that—he also said "The man said he would call for them again, but did not do so"—Squerries Street is about two miles from the Blossoms Inn.
Cross-examined. I went there to apprehend the brothers, but have not done so; they have absconded—they do not live with the prisoner, but I
was informed that they were staying there—I had no warrant; it was not necessary—I believe the prisoner was in the Company's employ—I was not in uniform—I did not tell him who I was, but I told him we had come to apprehend his brothers—I had sent Rolfe round to the back, and he could not see him, but another constable was with me—the prisoner was in his trousers and shirt.
Cross-examined. Two families were living in the house, and a single man, a lodger.
—JOHNSON. I carry on business at Yarmouth—on 22nd November I was expecting some goods from Morley and Gay, but only received one truss—I have applied to the Company for the loss, and I hope they will satisfy my claim.
GUILTY of Receiving — Nine Months' Imprisonment .
THIRD COURT.—Wednesday, January 16th, 1878.
Before Mr. Recorder.
182. WILLIAM DRISCOLL (19) to Stealing a watch from the person of Arthur Jeffery, having been convicted for felony in March, 1874, at Marlborough Street.— ** Eighteen Months' Imprisonment . [Pleaded guilty: see original trial image.]
MESSRS. POLAND and STRAIGHT conducted the Prosecution. No evidence being offered against JACOBS, the Jury returned a verdict of NOT GUILTY with regard to him.
THOMAS WEBSTER . I keep the Alexandra public-house—on Tuesday, the 27th November, the prisoner was there with Jacobs, whom I have known several years—Jacobs handed me a cheque in Stacey's presence, and asked me to cash it for Stacey. (The cheque was upon Prescott and Co. 's Bank, dated 20th November, 1877, in favour of H. Stacey or Bearer, for 4l. 13s. 6d. and signed "John Knight," and endorsed, "Henry Stacey" and "Thomas Webster.") The second endorsement is mine—I told him I could not cash cheques, but he persuaded me it was all right, and I let him have 3l., and arranged to give him the balance the next day—I asked Jacobs who John Knight was, and he asked Stacey, who said "Oh, it is a cheque I have taken for cigars, it is all right"—Stacey endorsed it on the counter in my presence—on the 28th the prisoner came again and asked me for the balance, 1l. 13s. 6d., which I gave him—in the evening Stacey and Jacobs came together—I said to both "How about this cheque, are you going to bring me the money for it? if not I am going to pay it in"—they said "All right, pay it in"—the night before they had asked me to hold it over, and they would give me the money for it—I paid the cheque into the Westminster and Lambeth
branch of the London and County Bank on the 29th, and on the 30th it was returned by a clerk of the bank and a detective—Stacey was in the bar with two ladies—I pointed him out to a constable who who was there, and Stacey was taken away by the police—he said if we would give him time he would get the money—that was when we told him it was a forged cheque.
Cross-examined by Stacey. You stayed at my house on the 28th, one night after I gave you the money.
WILLIAM MORRIS JACOBS . I was charged with the prisoner and have just been discharged—I became acquainted with him nine years ago—he was then assistant treasurer at the Queen's Theatre—in November last year he was a traveller in cigars—on 27th November I went with him to the Alexandra public-house, and we tendered a cheque to the landlord to cash—I had known Mr. Webster a long time—I asked Stacey "Who is the cheque drawn by?"—he said "It is all right"—I said "Who is Mr. Knight?"—he said "Oh, a friend of mine—I took this cheque for cigars—I do not want to pay it into the firm"—then the conversation occurred that Mr. Webster has spoken of—I had another similar transaction with the prisoner on the 29th, at Mr. Rouffle's, in Russell Street, Covent Garden, a wine stores, the manager of which, Mr. Innes, said "I wish you would get me another cheque cashed"—I said "I do not know that I can; what for?"—he said "I am short of money; try like a good fellow"—I had to go to Fleet Street—he said "What time will you meet me?"—I said "In about an hour or an hour and a half"—I called at Mr. Rouffle's on my way back, and Mr. Innes gave me 5l. 9s. 6d. for this cheque. (This was on Messrs Prescott's for 5l. 9s. 6d. in favour of Jacobs, signed "John Knight" and endorsed "Henry Stacey.") I also received this cheque on the same bankers for 2l. 11s. (This was dated 24th November, 1877. "Pay H. Stacey, or Bearer." Signed, "John Knight," and endorsed, "W. Jacobs, Queen's Theatre, Long Acre.") That is my endorsement—I met Stacey at the Scotch Stores, Long Acre—he asked me to cash him the cheque—I said "Who is John Knight? not the Knight who lodged here?"—he said "No, a friend of mine; a different Knight altogether"—I said "As long as it is all right"—I knew a John Knight who had lodged at the Stores—I got the cheque cashed for the full amount, and gave it to Stacey.
Cross-examined by Stacey. The John Knight I knew was an actor, and not in employment—I asked you if it was that, Knight, and you said "No."
JAMES INNES . I am the manager of the wine department at an hotel in Covent Garden—I have known Jacobs many years—on 29th November he made a communication to me, and brought me this cheque for 5l. 9s. 6d.—I gave him 3l. 9s. 6d., and promised the balance the next day—he came the next day and asked if I had paid it in—I said "Yes"—he said "All right"—I said "It is all wrong"—he said "I shall be back in an hour"—he did not return—the cheque was returned.
JOSEPH HARTWELL . I am a butcher, of 2, Marsh Gate, Richmond—I know Stacey—on 19th November last he brought me this cheque and asked me to take out of it payment of my bill. (This was dated 19th November, 1877. "Payable to Mr. Stacey or Bearer 3l. 12s. 6d., "and signed" John Knight,") I did so, and returned the balance—I paid away the cheque—it was afterwards returned—I do not know Stacey's writing.
ALFRED CUMBERS . I live at Chiswick and was in business with my brother Richard Henry as a cigar and bottle beer merchant, carrying on business in the Broadway, Turnham Green, Chiswick—my brother died last Friday night—I produce the certificate of his death—the signature "Richard H
ROBERT OUTRAM (Detective Officer). I was present in the Mansion House on 14th December when Richard Henry Cumbers was examined as a witness against the prisoner Stacey—I heard the evidence—the prisoner was present and cross-examined the witness. (The depositions testified to the handwriting of Stacey.)
JOHN KNIGHT . I am a solicitor, of 53, Moorgate Street—I have an account at Messrs. Prescott's bank in Threadneedle Street—the signatures on these cheques are not mine, nor written by my authority or permission, nor are the forms taken from my cheque-book.
EDWARD TARVER . I am a cashier in Messrs. Prescott's bank—the cheque for 4l. 13s. 6d. is on our firm—on reference to my book I find that on 14th March, 1871, we delivered a cheque book to Mrs. E. Milo, the cheques being numbered from 57801 to 58000, which would include all these cheques produced—Mrs. Milo died three or four years ago—we have only one customer named John Knight.
ROBERT OUTRAM (Re-examined). On 30th November upon instructions I went to the Alexandra public-house—I saw the prisoner and showed him this cheque marked A for 4l. 13s. 6d.—I told him I was a detective sergeant, and wished to speak to him respecting a forged cheque, and I asked him how he accounted for having got it cashed by Mr. Webster—he said "I do not see why I should give you any information about it, and afterwards "If there is any bother about it let us get the money and settle it"—I told him he would have to go with me to the city—he said "I received it from a man named Knight; I sold him some cigars"—I said "Who is Knight?"—he said "I do not know anything about him, I believe he is in Dublin now"—I took him in a cab to the city—on the way he said "If there is any bother, if you will call I will get the money and settle it"—in Queen Victoria Street he said "Where is Chubb's?"—we were then passing Chubb's—I said "Here is Chubb's"—he said "Let us call and I will get the money and settle it"—I took him to the station, where he was charged—I asked him whether he had cashed a cheque at Mortlake—lie said he had at a butcher's named Hartwell—I asked him where Knight lived—he said in Argyle Street—on 14th December I saw Jacobs at the Mansion House and arrested him.
Prisoner's Defence. I took cheques for different amounts from Mr. Knight, who was then living in Soho—he told me he was going to Dublin—I have witnesses to prove his identity, if they are here—I merely took the cheques as a matter of business—Knight very likely copied my signature—I will swear it is not my writing.
GUILTY — Eighteen Months' Imprisonment .
MR. VIVIAN conducted the Prosecution.
was struck in the chest—I tried to get out of the way by crossing the road and another man took the man away and I went on—I had my bag in one hand and my umbrella in the other—a man darted from the pavement, struck me a violent blow with one hand and snatched my chain with the other—I called "Police"—I received a violent blow on my mouth which cut it inside, and it bled very much, for two or three days I could scarcely eat any food—I picked up my hat and went in search of a policeman—it was the same person who struck me and took my chain—I should not like to say that the prisoner is the man.
MARTHA GOODS . On 5th January I was in Royal Mint Street at 9. 15 p. m.—I saw the prisoner strike Scoones on the mouth and snatch his chain—I am certain the prisoner is the man—I afterwards gave a description of him.
Cross-examined by the Prisoner. I first thought it was the man Barry, but as soon as I saw you I could distinguish who did it.
JEREMIAH MCCARTHY . I live at 2, Hare Brain Court, Whitechapel—on 5th January I was in Royal Mint Street, about 8. 15—I saw the prisoner push against an old man whom I since know as Mr. Scoones, and strike him—I asked Mr. Scoones if he had lost anything—he said he had lost his chain—the prisoner walked away—I am certain he is the man.
JOHN STONE (City Policeman 785). I was in Royal Mint Street on 5th January—I saw the prosecutor walking along and a man rush from a house—I could not swear it was the prisoner—I only saw his back—I saw him put his arm round the prosecutor's neck and strike him a blow in the mouth and snatch his chain—he went away and came again—a constable came and took a man—the prisoner was apprehended afterwards.
HENRY SIMMONDS (Policeman 217 H). On 5th January I apprehended the prisoner in Royal Mint Street about 9. 30—I charged him with assaulting and robbing Scoones—he said it was not he, he had just come from Castle Alley.
Cross examined by the Prisoner. The young man did not say "You catch hold of him, that will be the right one".
The Prisoner's Statement before the Magistrate. "I did nothing."
Prisoner's Defence. I am innocent of this crime. NOT GUILTY
MR. W. SLEIGH conducted the Prosecution.
ANNE FARR . I am single and a partner in the firm of Bruce and Farr, of Regent Street—the prisoner was in our service between two and three years ago—the order produced is not in my writing nor of Mr. Bruce, nor is it written by our authority.
HENRY BRILEY . I am 12 years old, and live with my father at 3, Caxton Place, Regent's Park—two or three weeks ago the prisoner met me between 6 and 7 p. m., and asked if I knew Cooke's, the wine and spirit merchant—I said "Yes"—he said "Can you take a message?"—I said "Yes"—he gave me a penny and this piece of paper, and said "Don't go up Albany Street way, go down Portland Street;"
that he would meet me near Trinity Church, and that there would be something for me to bring—I went to Cooke's and left the paper, but did not get the things—I met the prisoner at Trinity Church and told him.
Cross-examined by the Prisoner. I am quite sure it was about 6. 30—I went to bed at 7—I do not always go at 7.
ALFRED COOKE . I am a greengrocer—a little boy brought this paper to my shop—I sent the goods by our lad Daley about 8. 30—he came back and made a statement, in consequence of which I communicated with the police and with Messrs. Bruce and Farr—we often execute orders by procuration in that way—I asked no question.
GEORGE DALEY . I am employed by Mr. Cooke—Bruce and Farr have been our customers five or six years, having the same articles—on 2nd January, between 8 and 9 p. m., Mr. Cooke gave me some brandy and wine in a basket to take to Bruce and Farr's—I met the prisoner—he said "Are you from Cooke's?"—I said "Yes"—he said "Are you going to Bruce and Farr's?"—I said "Yes"—he said "They are waiting for the wine, they have sent me down for it"—I said "Have you got anything to carry it in?"—he said "No"—I lent him the basket, and asked him when he would bring it back; he said "In the morning"—I did not know the prisoner.
Cross-examined. It was dark when I gave up the basket—you came in an opposite direction—Mr. Cooke sells apples, oranges, and biscuits.
Prisoner's Defence. I walked from York to London, and was hungry—I met a friend who promised me 6d., a meal, lodgings, and a situation—he asked me to take the note, saying it was for provisions. I opened it, and seeing nothing about provisions I felt suspicious and gave the boy the same instructions as I received, and waited for the answer, which was that the shopkeeper would send them. I took the answer to my friend, who gave me 2d. and some bread and cheese. After waiting 10 minutes, he said he would go to the shop himself, and he went in that direction. I have always borne a good character.
GUILTY of uttering — Nine Months' Imprisonment .
MR. PURCELL conducted the Prosecution.
WILLIAM THOMPSON (Policeman 84 H). On 4th January I was in Mint Street about 12. 30—I saw the prisoner strike Smith on the side of the head and knock his cap off, and strike him again on the side of the head—Smith stooped to pick up his cap, when another man struck him in the side—the prosecutor said "I shall give Barry in charge for assaulting me"—Barry did not take the cap away NOT GUILTY
MR. MILLWOOD conducted the Prosecution.
JOHN SIZAR. I am a lighterman, of Henrietta Terrace, Deptford—on 10th January I was in Commercial Road—the prisoner walked on my left side—he then struck me a blow in the chest and knocked me down—a man seized me from behind—I saw two men behind—the prisoner put his hand in my left-hand trousers pocket and took a florin, sixpence, and some pence, nearly 3s.—he then jumped off me—I saw him pass the money to a man at my back.
Cross-examined by the Prisoner. I borrowed 2s. 6d. from the policeman to pay a fine—you offered me half a thicker, meaning half a sovereign, if I did not press the charge.
CHARLES JACKSON (Policeman 203 H). On January 10th I saw Sizar in the Commercial Road followed by three men, the prisoner was one—I concealed myself in a doorway—near Flower Street I saw the prisoner strike Sizar a blow on the chest—he fell on his back and the prisoner fell on him and drew something from Sizar's trousers-pocket and handed it to a tall man not in custody—the two men ran along Flower Street and the prisoner ran along Commercial Road into my arms—I told him I should take him in custody for assaulting and robbing the prosecutor—he said "I know nothing about it"—on the way to the station he got quiet, and then I was thrown down by some one in the mob, and he escaped—I gave chase after him and apprehended him again in Ada Street—I never lost sight of him.
Cross-examined. I was opposite you in a doorway when the man was knocked down, about 13 or 14 yards off.
Prisoner's Defence. I am innocent. It was 10 o'clock at night. The policeman could not swear I was the man.
GUILTY — Nine Months' Imprisonment .
OLD COURT.—Thursday, January 17th, 1878.
Before Lord Chief Justice Coleridge.
WILLIAM TAVERNER. I am a brick-maker, and live at 40, Tenterden Street, Notting Hill—between 4 and 5 on the afternoon of 2nd December I was at Mr. Dyer's public-house at Wormwood Scrubs, with my brothers, George and Charles—the three prisoners were there, and a man named Rouse—Jem Pierce spoke to my brother George, I don't know what he said to him—Atkins called my brother George outside—he went out with Atkins, and I followed up behind—Atkins pulled off his coat, and turned and searched my pockets—Rouse said that I had robbed him of 10s., and I had not—Atkins then hit me in the face with his fist, and knocked me down, and then kicked me about the face and ribs with his boots—he then left me, and ran after my brother George, and I got up and ran away—Atkins and Jem Pierce each had a gun in his hand—as I was running I felt some shots at the back of my head; they shot off two guns at me—I fell down, and then got up and ran home—my mother washed my head, and two shots came out into the basin—I bled all the way home—a doctor came that evening, and attended to me—I was under his care for a week—I was laid up for six weeks—I had not known the prisoners before.
GEORGE TAVERNER . I am a brick-maker—on 2nd December I was with my brother at the public-house—the prisoners were there—George Atkins called me out, saying "Rouse says you have taken some money out of his pocket"—I had never touched him—as soon as I went outside I saw Jem Pierce in the act of hitting my brother, who was down, and then Atkins dragged me 15 yards from the public-house, and said "If you don't give it up I will knock it out of you"—I ran away, and Rouse
ran after me, and pelted me with stones because I would not give him 10d.—Atkins tried to search me, and take the money out of my hand; it was my 10d.—he knocked me down—Rouse was before the Magistrate, but was discharged—I did not know the prisoners before.
CHARLES WILLIAM TAVERNER . I was with my brother, and saw the three prisoners—Atkins and James Pierce had guns in their hands—we were all coming out of the public-house together, and before I could get on the bridge Rouse knocked me down—I got up, and James Pierce knocked me down again, and kicked me in the mouth—I had to have it sewn up by the doctor—some gentleman picked me up, and bathed my face under a pump—I had never seen the prisoners before—I had had no words with them—I heard Rouse say that one of my brothers had robbed him of 10s., and my brother said "If you say so I will give you leave to search me"—that was the beginning of it—they could find no money on us, so they slipped into us.
Cross-examined by James Pierce. Rouse was on the bridge, and he ran up to me, and said "I can fight you"—and I said "I can't fight"—you did not say it was wrong of us to take 10s. when he had been treating us—I did not punch you in the eye, or take out a knife—I had no knife—I was not drunk.
JAMES MIDDLETON (Policeman X 202). On 2nd December, about 8. 30 p. m., George Taverner came to the station, and made a complaint, in consequence of which I went to James Pierce's house—I found him in bed—I told him I wanted him for violently assaulting three men on the towing-path at Wormwood Scrubs, and also shooting them—he said there had been a row, and they had a fight, but he had no gun; it was George Atkins that had the single-barrelled gun with him—I gave him in charge to two other constables, and went and apprehended Atkins—I found this gun in the parlour of his house—he said "That is the gun I was using that afternoon, but I did not shoot at them—there was a row, and fighting—we were all drunk"—he said there was a gun fired, but he did not say by whom—I afterwards took Thomas Pierce, and told him I wanted him on the same charge—I found this double-barrelled gun in his room.
HENRY GOWING (Policeman X 459). I was with Middleton when he went to Thomas Pierce's, and when the gun was found he said one barrel was loaded, and the other he did not use, as he had burst the nipple at Wormwood Scrubs firing at a bird—I drew the charge next day; drew the shot, and fired the powder off—I found this shot-flask containing a few grains of shot, which appeared the same as those in the gun.
GEORGINA TAVERNER . I am the mother of the three Taverners—on the evening of 2nd December William came home smothered in blood; his left ear was congealed with blood dreadfully; I could not get it clean—I left it for the doctor—I washed his head, and saw two shots in the hair, which I washed out, and produce—I gave them to the police.
OWEN ROBERTS , M. R. C. S. I was called in to William Taverner—I found a wound at the back part of his head, about an inch long, and some small lacerated wounds behind the left ear—the wound on the head was still bleeding—I should say those wounds were caused by a fall on a sharp stone, or a kick; not by a shot from a gun—I did not discover any sign of a gunshot wound on his head.
Taverner running; he complained to me—about a quarter of an hour afterwards I was at his mothers house, and saw her bathing his head, which was bleeding, and I saw her wash out two shots similar to these.
MR. PURCELL conducted the Prosecution.
ANTOINETTE ROSALINE MILLS . I am the prisoner's wife, and live with him at 3, John Street, Whitechapel—on 8th December I was up late at dressmaking—I asked my husband if he was going to get up in the morning when he was called, as he was such a trouble to get up in the morning, he was a very lazy man—he said he would get up as he liked—he went to bed with his trousers on—I told him to take them off; he would not—I went to bed, and fell asleep with my baby on my arms, being tired, and I was awoke up in the morning by the prisoner cutting my throat—I saw him rush to the door, and I heard my sister say "He has murdered the baby"—my sister came into the room, and I said "He has cut my throat"—I know no more—four or five months before this he made an attack upon me in my sleep, one Saturday night, and wrenched my left breast very nearly off, and it was so sore for a fortnight after that I had to wean the baby—he has used threatening language to me—when I have bought anything for my home, which I liked to look nicely, he has said "You won't enjoy it long"—he has told me that three or four times—he had not been out on this evening—he was quite sober; he had two glasses of ale, his usual supper beer—he was at home all the evening—we have been married a year and eight months—I have one child—the prisoner is 27 years of age, and is a painter and house decorator.
ELIZABETH BRAVINSKI . I am the sister of the prosecutrix, and lived with her and her husband, and my mother also—at 7 o'clock on the morning of the 8th December I went into the prisoner's room to wake him—I said "Jem, get up"—he was lying at the back of the bed with his trousers on—he got up—I said "Shall I leave you the lamp to see to dress by?"—he said "No, never mind," and I took it downstairs—he afterwards dressed and came down—he asked me for his pipe—I said "Perhaps you left it upstairs"—he said "Perhaps I did," and he went up—he was gone about five minutes—I went up and said "Jem, you will be late"—the door was open—I went in, and saw him on his knees at the back of the bed—I said "Jem, is that you?"—he did not answer—I said it again—he said "Yes, it is me," and he came downstairs—he then went up again—I followed him—I wondered if they were quarrelling, and I went to the foot of the bedroom stairs and listened—I heard him walking about and mumbling to himself—he came down and said "You have been listening"—I said "No, I have not"—he said "Yes, you have"—I was frightened, and I said "I can stand in the passage if I like"—he then said "Well, here's off," and he went upstairs again—I was so frightened I went behind him, and fell over my dress on the kitchen stairs—he went right up into the bedroom, and I did not think he had time to get into the bedroom before I heard my sister scream—I ran up and went into the room, and just as I got in he took his hand up off the baby's face, and
there were the marks of four bloody fingers on the baby's face—the baby was lying on the front of the bed by the side of the mother—I called out "Oh, mother, he has murdered the baby!"—my sister said "Oh, he has cut my throat!"—my mother could not at first get her door open—there was a piece of wood somewhere in the lock—she ran up to my sister—the prisoner ran from the bed to get out at the door—I caught hold of him—he got on to the staircase—I held on to him down the stairs, and my mother also tried to hold him, but she had to run back to my sister—I still held him till we got to the street door—he opened the door, and I got pushed into the street, and he ran out—I caught him again and called "Murder! Police!" and he caught me by the throat and threw me against the shutters next door—I then went for a doctor—I did not see the prisoner again till he was in custody.
BARBARA BRAVINSKI . I am the wife of Anthony Bravinski, a cooper, and live with my daughter, at 3, John Street—on the morning of the 8th I was in my room, next to the prisoner's—I heard a shriek and jumped out of bed—I could not get my bedroom door open for a second, a bit of wood had got in the lock—I did not notice it the night before—before I got it open my daughter Elizabeth ran up and said "Oh, mother, he has murdered the baby!" and when I got into the room I saw my daughter lying with her throat cut—the prisoner was just on the threshold of the door—my daughter said "He has cut my throat"—she then fell back—I ran and grappled with the prisoner, and tried to detain him, but could not—I was in my night dress, and could not follow him—I attended to my daughter till the doctor came.
SEPTIMUS SWYER . I am a surgeon, of 33, Brick Lane—I was sent for to this house about 7. 30 on the morning of the 8th—I found the prosecutrix lying in bed with a fearful gash on the left side of her throat, extending from about 2 1/2 in. below the left ear, across the front of the throat, to the centre of the windpipe; it was a clean incised wound, very deep—there was a second cut extending upwards towards the chin, about 1¾ in. in length—the main arteries were not severed—there was very considerable h✗morrhage; the bed, bedding, and clothes were saturated with blood—she was almost pulseless and bloodless, and unable to articulate—I placed sutures in the wound—she has been under my care ever since; I have seen her daily—the wound has healed—her voice is very much altered, rougher and feebler in tone; she is extremely feeble now, and she has much difficulty in swallowing liquid—it is a question whether it may not affect her in some degree permanently.
GEORGE COOPER (Detective H). I took the prisoner into custody on the night of 15th December in Old Montague Street, Whitechapel—I told him that he would be charged with attempting to murder his wife by cutting her throat, on Saturday morning, the 8th inst., at No. 3, John Street, Whitechapel—he said "I am not guilty"—he became very excited—he said "I was round at the house on Sunday morning with Charley Lecoix, and he told me I ought to have finished her while I was about it"—I took him to the station, and he was charged; he made no reply; he was searched, but no knife was found.
ROBERT MACKENZIE (Detective H). I was at the police-station on the 15th when the prisoner was brought in—I cautioned him—after that he said "I know you have been looking for me; I have been in the neighbourhood since about 3 o'clock on Sunday morning—I placed under a
gateway where I work in Chicksand Street a key belonging to a spirit cask—I met Lecoix, who said to me 'Jemmy, it would have been a good job if you had finished her'—I said I did not mean to finish her; I had been drinking the night before it happened—I don't know what made me do it—I hope my wife and child are getting on all right—I read about the affair in the Dispatch on Sunday."
Prisoner's Defence. On the night of the 7th a gentleman named Bennett came over, and was there till about 10 o'clock—I think about three gallons of beer came in—about a quarter past 11 he went home—Mr. Gibson was there and several others, and Mrs. Anthony called Bravinski—we were all in the house from 7 till about 20 minutes past 11—there was a dispute—I got up and said she was not married—my wife and she quarrelled with me about it—we had two or three words; we sat up till about 2 quarrelling about this—in the morning she said she would send me out—I went to my box to get my clothes out—she had the knife under the pillow, and she said "If you get your clothes out I will cut your hands off"—I said "All right"—I went to find my pipe where I had left it at the back of the bed, and was going downstairs—this piece of wood was put in the door on the 26th August, when we went into the house, because there were no locks or handles to keep the door shut.
GUILTY on the First Count — Penal Servitude for Life ,
MR. PURCELL conducted the Prosecution; and MR. CHARLES MATHEWS the Defence.
MARY HAYES . I am the prisoner's wife, and live with him at 15, Goulston Court—on the morning of 23rd December he was out very late—at half-past 2 I went out a little distance and met him, and the woman he keeps—I asked her was she not ashamed of herself to keep company with the father of 14 children, knowing that I was alive—the prisoner turned round and struck me and kicked me—a policeman came up and said "What's the matter, mistress?"—I said "My husband has kicked me"—I got up and made my way home—the prisoner came in directly after and he struck me violently with his fist and knocked me down, and he took a long piece of wood and beat me with it across the left side as I laid on the floor—he then took a knife off the table and came towards me—I put up my hand to protect my face, and he cut it between the fourth and fifth fingers—I became senseless for some time—when I came to he was sitting before the fire on a bushel basket, and I saw him pouring something out of a bottle into a cup—he came towards me as I lay on the floor, lifted up my head backward, between his knees, and said "I will put you in a way that you won't follow me again," and he poured the liquid into my mouth—I would not take it, and he threw it into my eyes three times, and I found out that it was Chili vinegar—I found the Chili's about my neck—he did not go away; he stayed there till half-past 6—I laid on the floor as I was till the morning—it gave me a great deal of pain—I could not find the door to get out—I afterwards saw Dr. Phillips—I have been the mother of 14 children to the prisoner—all I wish is for him to give me a maintenance or keep the peace—I am frightened to walk the street or go outside the door, because of the woman he keeps company with.
Cross-examined. I have a daughter named Margaret; she is hereshe was in the room, in and out, not present the whole time; she was in bed and asleep at the last—I was quite sober; I had nothing to get drunk on—I had not been out till half-past 2; I had been in and out of the court for water and to fetch errands—Margaret Footman is the woman my husband lives with—she has a barrow; my husband sends her out with it; it has bottles on it—my daughter was not at home when I went in—she saw me before the prisoner came in—I did not show her my hand, which was cut at that time, and say I had been fighting with Margaret Footman, and threw her barrow over, and she cut my hand with a bottle—my husband told her to get a pail of water to stop the blood at the time he cut it—he knocked me down on the floor where the straw bed lay, and there I laid till he put the vinegar into my eyes—I have been a sober woman—I have been left destitute and starving for three or four years—it is not true that I have been given to drink—I have had nothing to drink and nothing to eat—I had not a bottle of rum beside me on this night as I lay on the bed; I saw no bottle except the vinegar bottle—when my husband came in I did not go and take him by the coat and say "You have been with your wh—s and left me starving here"—I did not fall in his endeavour to free himself from me; he struck me and knocked me down—my eyes are very weak now, I can't see out of one—they were not weak before this; I did not wear spectacles; I was made a present of a pair, but I never used them—I did not put a bottle of rum to my lips in the middle of the night when my husband was lying beside me, nor did he push it away and spill some of it over my face.
GEORGE BAXTER PHILLIPS . I am a surgeon, of 2, Spital Square—at noon on 24th December, I saw the prosecutrix at the Commercial Street police-station—I examined her—I found a clean-cut wound between the third and fourth fingers, reaching from the back of the hand about threequarters of an inch into the palm—her eyes were very much swollen; the skin around both eyes was very much inflamed, and the lining membrane of the eyeballs was very much inflamed, and raised with a good of serous effusion underneath—the inflammation appeared to be of a very irritable character—she complained of great itching—the wound was caused by some sharp instrument—if she fell on a broken bottle that was well bevelled off to a sharp edge, and that came in contact with that part of the hand, I see no reason why it should not have inflicted such a wound—the state of the eyes could not arise from any ordinary ailment that I know of—it was evidently produced by some external irritant having been applied there—strong rum, if the evaporation was prevented, might produce it-—the mere throwing rum on would not—she was evidently suffering great pain—I think the injury to the eyes has entirely passed away—I have not seen her for some time—she was only casually under my care—Chili vinegar would be much more likely to cause the injury than anything else—I should expect it arose from that—the peculiar irritable state was attributable in all probability to the irritating effect of capsicums.
Cross-examined. If the evaporation of the rum had been prevented by covering over the bottle it might have produced some such effect—I saw the woman twenty-four hours afterwards—the effect did not pass away rapidly—I saw her a week afterwards, and it had not passed away then;
it had nearly passed away a fortnight after—the hand was still much injured—it was in a healthy healing state.
JOHN GAYLER (Policeman 56 H). About eleven in the morning of 24th December I was called, and took the prisoner in charge—I told him it was for cutting and wounding, and likewise throwing Chili vinegar into his wife's eyes—he said "I did not do it; but I have suffered once, and I suppose I shall have to suffer again for her."
The following Witnesses were called for the Defence.
MARGARET HAYES . I am the daughter of the prosecutrix and prisoner—I was examined before the Magistrate—on Sunday night, 23rd December, I came home about half-past 12 or a quarter to 1—my mother was lying on the bed very drunk, and her hand was by the side of her bleeding—I held her head up, and asked her what was the matter—she said she had been fighting with Moggie Footman, who had struck her with a bottle between the fingers—(I know Moggie Footman, she has a barrow in Salmon's Lane)—that the bottle contained vinegar, and she caught the vinegar in her eyes, and her eyes were affected till the next morning—I left her there, and swept up the room, and lighted the fire—my father came home about half-past 2 or a quarter to 3, and as soon as he came in my mother got off the bed and caught him by the coat, and used most abusive language, and showed him her hand, and said that his woman had done it—he did nothing to her but just pushed her, and she fell on the bed, and her hand began to bleed again—I got a pail of water and put her hand in it till the blood stopped—father sat on the basket before the fire, and there he remained all night—I did not see him do anything to my mother—I stayed in the room all night till the next morning, and mother was all right—she had a bottle of rum by her side—I tried to take it out of her hand, but she would not let me, and I left it there—it was full at night and in the morning it was empty—I did not see any chili vinegar in the room—mother had been drinking for some time before this—she is always drunk—if she only gets a shilling or two, all she thinks of is flying to the public-house with it—whatever she has goes in drink—as for having a Knife in the house, there was none there—I had to send upstairs to borrow one—she has been in the habit of wearing spectacles—the last time she came home she brought a large Bible and a pair of spectacles, and said they had been made a present to her as her eyes had been weak.
Cross-examined. She used to wear them when she was sewing or reading—I did not say before the Magistrate that the bottle contained vinegar and went into her eyes—they did not give me time to say it—Moggie Footman was the whole cause of the row—I am certain there was no chili vinegar in our room.
MARGARET FOOTMAN . I live at 12, Castle Alley, Whitechapel—I have a barrow, and go out on a Saturday night with whelks and mussels—I have several bottles of vinegar with me to use—Chili vinegar for the mussels—I was out on the Saturday night before Christmas-eve, and the prosecutrix came to where I was standing and began at me, and tried to put my barrow over—I said "Don't you do that"—she said "Well, treat me then"—she was very drunk—I said no, I would not treat her, so while I was holding my barrow-board to keep it down she pulled the pan and broke it, and broke the bottles on the ground—I don't know whether she hurt herself or not—there was a mob of boys, and
men, and they hooted her from the top of the street to the bottom, and two policemen had hold of her to lock her up, but they let her go.
Cross-examined. I went to the police-court one day but was not called—the prisoner was not with me on this night—I saw him with his wife as I was going home about half-past one jawing with one another—I know him as a neighbour—he has never lived with me; nothing of the sort—he did not find my barrow for me—I hire it myself, and work hard for my living.
NEW COURT.—Thursday, January 17th, 1878.
Before Mr. Justice Lopes.
MR. MILLWOOD conducted the Prosecution.
REBECCA CRANE . I live at 31, Little North Street, Lisson Grove—the prisoner lived in the house—on Saturday night, 15th December, between 9 and 10 o'clock, I went into my sister's room and found him there very tipsy—seeing his condition, I told him to go into his own room—he said that he would not, and my sister pushed him, and I pushed him—he then stabbed me in my left side, near my waist—I did not see the knife—I was taken to the hospital, and remained there a fortnight.
ELLEN PAUL . I live at 31, Little North Street, Lisson Grove—the last witness is my sister—the prisoner lived with me—I have brought him up for 14 years—on 15th December, between 9 and 10 at night, he was in the front room—my husband was in bed—my brother-in-law sleeps in the back room—the prisoner came home very tipsy—I never saw him like that before, and I advised him to go to bed—he did not do so, and my sister and I pushed him—she called out "I am stabbed," and in three or four minutes I saw blood coming from her left side—she called out "Murder"—Thompson came in, and afterwards Jim Windsor came up—I did not see the knife till Thompson gave it to me.
WILLIAM PAUL . I live at 31, Little North Street, Lisson Grove, and am the husband of the last witness—I was in bed between 9 and 10 o'clock, when the prisoner came home drunk—he was very bad—he came into my room—he ate his supper and kicked up a dreadful row—a party asked him to go to bed, but he would not, and he had his revenge on the table with the knife, and then I saw him stab my wife's sister.
JAMES WINDSOR . I live at 32, Little North Street—on the night of 15th December the prosecutrix had not left me two minutes before I heard "Murder" screamed—I was going in, and she said "Jim, I'm stabbed"—I saw blood streaming out of her left side—I saw Thompson take a knife out of the prisoner's hand—I took the prosecutrix in a cab to St. Mary's Hospital.
between 9 and 10, the children were screaming, and came to my door and said that somebody was stabbed—I went up and saw the prisoner behind the door—the prosecutrix came to me with blood coming from her side—I saw a knife in the prisoner's hand, and took it from him.
HORACE MANDERS . I am house surgeon at St. Mary's Hospital—on the night of 15th December the prosecutrix was brought there suffering from a punctured wound on her left side, half an inch long and about 2 inches deep—it was under the ninth rib—the artery was severed—her underclothes were saturated with blood, and her outer clothing stained—the wound was in a dangerous situation, and required most careful attention—this knife would produce it.
SAMUEL MOORE (Policeman 100 D). I took the prisoner in a back room—he was more like a maniac than anything else—I told him he would be charged with stabbing Rebecca Crane—he said "All right, I did it"—two witnesses were examined at the station; their evidence was read over, and he said that it was quite true.
Prisoner's Defence. It is the first time; I am very sorry, and hope the first will be the last.
GUILTY of unlawfully wounding — Three Months' Imprisonment .
MR. PURCELL conducted the Prosecution.
EDWARD JAMES . I am an errand-boy, and live at 12, Henry Street, Portland Town—about 8. 30 p. m., on 2nd January, I was with two other boys, Scott and Miller, and the deceased—we walked up Queen's Terrace and stopped against the Knight of St. John—the prisoner came out of a court, and Frank Burns came down the street and said "Is that Scotty's old man?"—the prisoner ran after Miller, who got away—the deceased was walking with me—I had a basket of china on my arm—the prisoner came up to us and said "Are you following me?" and he swore and hit Edwards on his ribs with his fist, who fell sideways, and his head caught on the stone where the rails are fixed, on the inside of the pavement—I ran across the road, as I thought he would hit me, and Edwards got up and came across to me—he had some tea with him in a bottle, and he put some on a handkerchief and bathed his head with it—a policeman came up and stopped a little while and then we went on our errands—on the way home Edwards was sick—I took him home—he could walk—he wanted us to leave him in Finchley Road, but we would not—I think the prisoner was about half drunk.
Cross-examined by the Prisoner. I did not throw a stone the week before and hit you on the back of your head—I never saw you before.
By the COURT. I only saw him hit Edwards once—he hit him on the ribs with his clenched fist, hard; and his head went on the coping-stone.
HENRY MILLER . I am an errand-boy and live with James—I was with him and Edwards near the Knight of St. John, and saw the prisoner there about half drunk—we were talking to Scott and the prisoner said "Collar that one, it is him"—he talked to Scott, and Burns said "Is that Scotty's old man?"'—the prisoner ran after me and I ran into a gateway—Edwards and James were coming up with some china, and the prisoner said to them "Are you following me?" and he hit Edwards and knocked him down against the coping-stone—he got up and went into the road—the
prisoner went to him again but he said "No, sir, don't hit me, it was not me," and he did not hit him again—as we led Edwards home he was sick, and he said that his head hurt him very much.
EDWARD WELHAM (Policeman 154S). I met the prisoner on Queen's Terrace, about 8. 30—he said "Constable, I wish you had been here a few minutes before, for I have just been grossly insulted by a lot of boys"—I asked him in what way—he said "One of them called me a b—y old b—, I caught one of them and gave him a clump on the head and I don't think he will forget it"—he went away and I went across the road and found the deceased and two witnesses—one of them walked away—the deceased was crying.
SARAH EDWARDS . I am the deceased's mother, and live at St. John's Wood—his age was 17 and 7 months—he was brought home on 2nd January with a handkerchief to his head—he went to bed and next morning he went to work; he came home home to dinner and went to work after dinner, and was brought home unconscious by his elder brother at a little after 3 o'clock—he died the same evening—he was a healthy boy and never had anything the matter before except scarlet fever.
THOMAS TOPLEY . I am an errand-boy, of 6, Hand Street, Portland Town—on Thursday afternoon, a few minutes after 3 o'clock, I was standing outside my master's shop in Queen's Terrace and saw Edwards leaning against the wall—I stood there a minute or two and saw him fall—he slid down lightly—I picked him up; he was not conscious—Mr Taylor, where he worked, came over—I went to the shop and his brother was sent for.
WILLIAM ALLEN SUMNER . I am a surgeon, of 35, Wellington Road, St. John's Wood—on 3rd January, between 5. 30 and 6 o'clock, I was sent for—I sent my son, who came back stating that it was a serious case, and I went myself and found the boy in a comatose state and insensible, evidently suffering from pressure on the brain—I ordered certain remedies, but he died five minutes after I left—I was present at the post-mortm—I found no external marks of violence and no mark on the ribs—the internal organs were healthy—I found a bruise under the scalp, behind the right ear, and a depression in the skull—the skull was a particularly thin one, and where that depression was there was a want of growth of bone, it was simply a membrane; that accounted for the depression—on removing the bone I found an enormous clot of blood above and behind the right ear, from which I should say that the cause of death was some violence, either from a blow or a fall—the depression was not caused by a blow, but a blow must have taken place on that part because a vessel was ruptured there, and that was the cause of death.
JAMES LUCAS (Police Inspector S). I am stationed at Portland Town—on 5th January, at 7 p. m., the prisoner came to the station and said "I hear you want me"—I did not know him and said "What for?"—he said "About a boy; some boys called after me the other day, they called me an old b—and an old s—, and I gave one of them a slap on the head"—a constable came in, I then told the prisoner that it was alleged that the boy had died from the blow he gave him—he said "I did not know it".
The Prisoner's Statement before the Magistrate. "The boy is quite wrong
in saying I was half drunk; I was outside the Knight of St. John, the boys came by, and it is not the first time they have called me names; I went after them: they went down Queen's Road, and I caught this one and gave him a smack on the head; he never fell down at all; I saw the constable a few minutes afterwards; I wish the constable had been there a little earlier, as the boys grossly insulted me."
Prisoner's Defence. They make a regular rule of calling me names when they see me, but I never speak to them at all.
GUILTY. Strongly recommended to mercy by the Jury — One Month's Imprisonment .
NEW COURT.—Tuesday, January 15th, and
~THIRD COURT, Thursday, January 17th, 1878.
Before Mr. Common Serjeant.
MR. BESLEY conducted the Prosecution; and MR. STRAIGHT the Defence.
MR. STRAIGHT submitted upon the Third and Fourth Counts that the circumstances of the case did not disclose any obtaining upon credit such as was contemplated by the 13th Section of the Act, which applied to obtaining goods on credit, but not to drawing a bill and inducing a person to accept it. MR. BESLEY contended that the argument, if worth anything, would go to the extent of saying that money was not a chattel, but there was no difference between credit for money and credit for goods. The COURT considered that although the words of the Act generally, meant goods, yet it would also apply to obtaining a cheque, as money was only a common standard of value for all things, and therefore overruled the objection.
JAMES SHOOLBRED . I am a bill-broker, of 32, Nicholas Lane, Lombard Street—I have been discounting bills for the defendant for about two years, in amounts varying from 1,000l. to 1,500l. at a time—the amounts were generally for even hundreds, 100l., 150l., or 200l.—he said that he received them from his customers for goods which he had sold—I never knowingly discounted accommodation bills for him; I should have refused—I knew that he was a shirt and collar manufacturer—in May, 1877, he brought me this bill (produced), with two or three more, amounting to 696l. 9s. 6d., and I gave him two cheques, one for 151l. 12s. 5d., and one for 495l. 5s. 10d., making 646l. 18s. 3d., in respect of the three bills—the terms were 5 per cent. per annum and 10 percent.—that accounted for the diminution—McLaughlin's name was on one of the bills as acceptor, and I said "How is it you draw on McLaughlin, as he is a shirt—maker?"—he said "McLaughlin is able to make certain kinds of shirts to better advantage in Ireland than I am, and I can make other sorts to better advantage than he does"—I believe that the bill of 10th May was genuine, and that this was McLaughlin's writing, and drawn for goods supplied to McLaughlin—I parted with my money believing that the bills were for goods supplied to McLaughlin—about 28th August the prisoner came again, and brought with other bills the one for l54l. 17s.—they amounted altogether to 592l. 10s. 3d.—I put the question to him whether they were for goods supplied—he said "They are, and you will find that the payment was made by cheque 100l. short"—some of his
bills were overdue and unpaid, and he said that if I would discount these bills he could put off those bills, and I could discount a few more a month hence—I gave him these two cheques for 182l. 8s. 2d. and 300l.—I asked him on that occasion whether he intended to liquidate—he said "Most certainly not"—I believe that bill of 10th August was for goods which he had sold to McLaughlin, and that this "P. McLaughlin" was McLaughlin's writing—had I known it was an accommodation bill I would not have had anything to do with it—the bill of May 10 came back dishonoured, and they said that it was a forgery—I saw Mr. McDaid about it—he said that it was not a forgery, and he should be able to convince me that it was not, and would get McLaughlin to write to me, or to come over and convince me—I showed him this letter (produced), which I had received from McLaughlin—this (produced) is a letter McLaughlin wrote to McDaid—McDaid afterwards brought me this letter, which he represented to be from McLaughlin. (Read: "September 21st, 1877. Sir,—The bill referred to in your letter of the 17th instant is a forgery, and of that fact I informed the bank here when they presented it to me. I will not pay it.—Yours truly, P. McLaughlin.") This note was brought to me afterwards. (This was dated September 15th, 1877, from P. McLaughlin, stating that he did not expect a bill at that time, but had explained matters at the bank, and would get money to meet it in a day or two. ) I then allowed him to take away the other letter—that was after 21st September—I saw him again in reference to that bill—he said that it was McLaughlin's bill, and it was too bad of him to say that it was a forgery—I did not have a notice of liquidation from him till the beginning of October—he was first given in custody on the May bill—McLaughlin attended at the Mansion House on the 10th and 17th November—I did not know until he came to London that it was not a genuine bill—at the time of the defendant's liquidation I was the holder of a number of bills amounting to 3,077l. 11s. 6d., and proved for them.
Cross-examined. I received this letter from McLaughlin about the date it is written, 22nd September—I realised from that that forgery had been committed in his name—I took no criminal proceedings, because I know that forgery is very difficult to prove—when I got McLaughlin's letter I do not think I inquired whether the second bill was a forgery too—I thought it best to settle up one first—I use the expression "settle up" because I was not fully convinced that it was a forgery—I wrote to him, I did not send—I tried to see McDaid—I did not give him in custody—I had many transactions with him prior to May when the bill was brought to me—the earliest was some time in 1875, and from that time I had gone on discounting bills for him, which were generally honoured up to May this year—there were one or two irregularities before, down to July, but they had been put right—I mean that they were not paid when due, but afterwards—I discounted three other bills of McLaughlin's some time in 1875—I think my books will show that I discounted his acceptances the first year that I began to discount—I have not discounted bills for the prisoner to the extent of 24,000l.—I do not think it is 10,000l.—I have not looked.
Re-examined. I have not in any way been endeavouring to use the Criminal Court for the purpose of getting my money—my expression "settling up" referred to finding out whether it was a forgery; I meant clearing up.
ALFRED LOVE . I produce the proceedings in McDaid's liquidation—the petition is dated 29th September, 1877—he declares on the face of it that he cannot pay his debts—the amount he owes is 8,000l.—the first meeting of creditors was 25th October, and a resolution was passed to wind up in bankruptcy—I have not got the bankruptcy proceedings here, they have not been asked for.
Thursday, January 17th, 1878.
ALFRED LOVE . I now produce the proceedings in bankruptcy—the petition is dated 5th, and filed on the 7th September by Messrs. Fleshfield or Flatfield, of 27, Severs Gardens, who are described as merchants—the amount in respect of which they petitioned was 312l. 3s. 4d.—the adjudication was on 3rd October—the assignment of the property to John Greenfield is dated 25th August, 1876—the first meeting of creditors took place on a Tuesday—there is another petition dated 26th October.
Cross-examined. The statement of affairs was filed before the next meeting—in February I think.
JOHN GABRIEL SHEARMAN . I am a solicitor, of 10, Gresham Street, City—I acted for Messrs. Macintyre, Hogg, and Co., shirt manufacturers—the defendant was indebted to them in August last year about 1, 600l. or 1, 700l.—the matter was placed in my hands—the defendant signed this deed of assignment on 25th August, and was afterwards adjudicated a bankrupt—the assignment was for the benefit of his creditors, except the sum of 20l., which is provided for in the assignment—I saw him several times after the assignment, and applied for payment—he has not paid anything—I was present on 28th August, when he produced a piece of paper, but did not pay anything.
Cross-examined. I undertook not to publish the fact of the assignment until 28th August—I kept my word—it was published on 4th September, and after that the defendant complained—my clients are in the same line of business as the defendant in Londonderry and elsewhere.
PATRICK MCLAUGHLIN . I live in Church Street, Omagh, Ireland, and am a maker of shirts and cuffs—I did business with the defendant, commencing in May, 1876, and continuing till May, 1877, amounting to about 30l. in all—there was a balance of 4l. against him—I accepted two bills—I wrote the acceptance near the Bank of England—I called at the defendant's place in Bermondsey, and asked him to give me some work—he said he could give me an order for some goods samples of which I sent him—he made an appointment, and said if I would accept some bills there could be a good thing done—I said I did not understand anything about bills; however, I would accept some for him, but I was afraid he could not use my name very much, because I was not worth much—he said it would be all right, he would manage that—I left him, and he appointed to meet me next day at 12 in the City—I met him next day an flour after the appointment—he took me to a restaurant somewhere about the Bank of England—he wrote out these two bills and handed them to me to accept—he showed me where to sign my name across them—I signed as he directed—he arranged to send money to meet them when they became due—this was between the 27th and the end of August, 1876—the first bill for 130l. 12s. 3d. became due in 1876—having got money from him I took up a bill, dated 18th December, 1876, for 82l. 3s. 9d.—this bill was dishonoured and sent to me—I did not pay it—I accepted another bill for 184l. the same day the 130l. bill was paid—that would
be 4th December, 1876—it was sent to me enclosed with a bank order in a letter dated 2nd December, 1876—it was payable at the National Bank in four months—I did not see the defendant in the interval—when the bill became due in April I found no funds at the National Bank to meet it, and wrote to him about it—I did not personally ask him to give it me back—I did not get it back—I came to London about 26th August, 1877, and stayed till the 29th—on this bill for 155l. 6s., of 10th August, the words "Accepted payable, Belfast Bank, P. McLaughlin" are not my writing—there is no such branch at Omagh—I had no intimation of this when I came to London—I saw McDaid twice, but we had no conversation about bills—this second bill, of 10th August, for 154l., which purports to be my acceptance, is not my writing—I gave no authority to issue it—it was presented to me at the Omagh branch of the Provincial Bank of Ireland—I did not pay it—I immediately communicated with McDaid—I got this reply to my telegram. (This letter was dated 13th March, 1877, from the defendant, stating that the hill was provided for in London, and suggested that the witness should write a letter stating that he did not mean to convey that it was a forgery, as reported, and that the defendant would give a full explanation. ) I did not write as suggested—this letter produced is not my writing nor written by my authority. (This purported to come from the witness, and stated that he did not intend to state that the bill was a forgery. ) I wrote the letter of 21st September to the prisoner after I had telegraphed to him, and to the bank in London—I never authorised any one to write my name—the first I saw of the 10th August bill was at Mr. Miller's office in London.
Cross-examined. My letter to Schoolbreds stated that the bill of 10th August was a forgery, so that they knew on 22nd September—I have worked for Macintyre and Co. since I started in business—they have paid me altogether about 200l.—they communicated with me about the bill of 13th September—they asked me to come over—I did not hear the defendant's complaint about Macintyre publishing the assignment and injuring him—I wrote the letter of 5th December, 1876, to the defendant, asking him to accept a bill for me for 60l. or 70l., or for the amount of work he could give me, and asking for his opinion—I did not ask him to advance money to open a banking account, the defendant suggested it to me—he said that would be the easiest way to meet the bills—I swear that it was for the defendant's purposes—I never said in the presence of Mr. Heggerty and Charles McDaid that I did not mind my name being used so that the bills were met—I swear there never was such a conversation.
JOHN GABRIEL SHEARMAN (Re-examined). An injunction was obtained to restrain any action against the defendant, and to stay the bankruptcy on condition that he paid the 1, 700l.—the order was obtained on 8th August—previously to that he promised to pay, but he never paid a shilling.
Cross-examined. My clients are not interested in this prosecution—they have proved in the bankruptcy.
ROBERT OUTRAM . On 12th November I received a warrant from the Mansion House and took the prisoner, about 5. 30, for forgery—he said there was a conspiracy among a clique to ruin him—I took him to the station and found on him the telegrams produced.
Witnesses for the Defence.
CHARLES MCDAID . I live at 157, St. James Road, Bermondsey—I was in my brother's employ in Spa Road as a shirt and collar manufacturer—in the autumn of 1876 I heard a conversation between McLaughlin and my brother in the counting-house—they talked about how much more business they could do if they had more capital—a paper like a bill was lying before them—I saw it pass from McLaughlin to my brother—I saw McLaughlin write on it, return it, and say ''There, that is all right"—my brother said that some Saturday he might want cash to pay the workers, and it would take a long time to send a bill in a letter and get it returned if he would allow him to use his name it would be an obligement—McLaughlin said he had no objection, and in return he would want him to assist him in the London houses in trade—my brother said he would do all he could—McLaughlin also said it would be easier if my brother would assist him to open a banking account—my brother said he would see about it—in August, 1877, McLaughlin was in England again and at my lodgings, and Heggerty was present—I mentioned that there was a bill out, and asked if he had any objection to those things going on—McLaughlin said not the slightest, as he depended upon my brother, and he would see to it all right, and that he had come over to see about some trade my brother had promised him—he asked if we had any work ready—I said the last goods were delayed and so turned out bad in the market—McLaughlin said he was so slack now that he could do them cheaper and better now—he also said that he did not mind his name being used, and if my brother would assist him to open a banking account he would meet the bills when they became due when it would not be convenient to send cash, and he could pay him back when convenient.
Cross-examined by MR. BESLEY. I sent a telegram to McLaughlin to come and see me and to know when he would leave London, but I do not remember the one saying "I will pay, but want you to protect me"—I telegraphed to Mrs. McLaughlin to Know if Patrick had left for London—I do not remember asking McLaughlin to say the bills were signed by his authority when he was in custody—I managed in my brother's absence—McLaughlin signed three bills for my brother—I do not know what letters my brother sent to McLaughlin—I do not know if an acceptance is in Porter's writing—Porter was employed by my brother about three years—I could not say whether the letter found upon my brother is Porter's writing—he used to write on different paper to this letter—I suppose it is Porter's writing—I never saw Porter sign bills for my brother.
WILLIAM HEGGERTY . I live in Bermondsey, and am a tram-conductor—I was employed by the defendant three years—I left last year—I have seen McLaughlin at the defendant's place several times—I remember spending the evening at Charles McDaid's lodgings in August, 1877—Charles McDaid asked Mr. McLaughlin how trade was—he said that it was very dull at present, but he hoped Mr. McDaid would assist him in some of the city houses and send him more of his own work when he could, and if he could assist him to open a banking account it would be easier in the way of bills, and that he was satisfied with his arrangements with McDaid so long as McDaid met the bills when they became due—previously at the factory I had heard them talking about bills when I
went up to supply myself with pens and blotting-paper, and McLaughlin said "Mac, you can use my name to bills."
Cross-examined. I mentioned the blotting-paper before—only Mr. McDaid, the prisoner, Mr. McLaughlin, and myself were present at the conversation about the bills—I do not know Porter's writing.
GUILTY — Twelve Months' Imprisonment ,
MR. DOUGLAS conducted the Prosecution; and MR. GILL defended Smith.
ARTHUR LUMSDEN . I live at 36, Chapel Street, Pentonville, and am a clothier and furniture-dealer, in partnership with my brother—on 19th December, about 1. 15, I was awakened by a noise on the leads over my shop—I looked and saw that the weather blind had been pulled out—I went downstairs, looked outside, and saw a neighbour and a constableI heard a noise in my shop—there is no communication from the shop to the other house—I last slept in the house where the shop is three or four months ago—I used it occasionally to reside in and for business as wellon hearing the noise I opened the door from the outside, went in, heard someone running at the back of the house, and saw Johnson sliding over the blind irons—he dropped on to the pavement—I called a constableMr. Sheridan caught him—I said "I know him well"—Johnson said "All right, governor, I won't move"—he was on the ground—I took him into the clothes-shop—nothing was missed from the shop—I saw the other prisoners with another man and a constable who came in and examined the premises—we found the hasp of the first-floor window pushed back—I had fastened the house about 10 o'clock—the window was fastened.
Cross-examined. It was a foggy night and near 1.10.
Re-examined. A knife was picked up in the shop which is not my property.
RALPH GEORGE SHERIDAN . I am a greengrocer, of 38, Castle Street, Clerkenwell—I was awakened on this morning about 1. 5—I got up, went into the street, and saw Hampton and Smith walking on the other side of the way going towards the prosecutor's—I went for the police and brought two to Mr. Lumsden's shop, where we heard a noise—the two constables followed prosecutor through the house—I stood outside, and saw Johnson get through the skylight on the roof of the shop and get down the blind irons—I caught hold of him—he said "Let me go, I have done nothing."
Cross-examined by MR. GILL. There are about 40 houses in the street
Cross-examined by Johnson. You ran back to No. 34—I did not speak to you when you were on the leads.
JAMES AUST (Policeman 232 N). I was called by Sheridan about 1. 15—I went to Chapel Street and saw Mr. Lumsden—we opened the door of No. 36 and went in—I turned on my light and saw Johnson in the shop—he ran back into the shop, through the passage, and into the first-floor front room—I followed him—he got through the window on to the leads of the shop—I followed him from No. 36 to No. 34, when he dropped over on to the front—I looked over and saw him struggle with Sheridan—I went over and took him into the shop and left him in charge of another
constable while I searched the shop—I took him to the station and came back to the shop, and where Johnson was I found this knife (produced)—I found that you could push back the catch of the first-floor front window with it—at 36 the skylight had also been taken off—this chisel and bit of candle were also found by the prosecutor in the shop.
Cross-examined by Johnson, I did not thump you.
WALTER GRIGSBY (Policeman 328 N). I was on duty about 80 yards from Chapel Street—I saw the three prisoners at the corner of Penton Street—I watched them—they went down, Chapel Street—Hampton and Smith returned—I lost eight of Johnson—I then saw Johnson alone looking anxiously down Chapel Street—I said to Hampton and Smith "Where is your third friend?"—Smith said "We have no third friend"—I asked what they were doing—they said they had returned from the theatre—I said "I shall take you to the station and charge you with loitering for an unlawful purpose"—I told a private individual passing to take Smith—he did so—passing down Chapel Street the first witness came out and said that there was a thief in his house and the constable there required assistance—I went over and recognised Johnson in the shop in custody—I said to the other prisoners "Here is your friend"—we took them to the station and charged them—I first saw them about 12. 30—I took them in custody about 1.15.
Cross-examined by MR. GILL. I was in uniform—it was a very clear night—I watched the men from a court about 30 yards off—there are about 70 houses in the street—about 20 minutes elapsed from the time I first saw the three men till I afterwards saw two of them—I watched them from the corner of the street—I have been in the force 16 years.
Cross-examined by Johnson. The name of the court is Suffolk Court—it runs into Chapel Street—I put an old sack round my shoulders to disguise myself—I used it to kneel on in the court—I was not subpoenaed to produce the sack.
Cross-examined by Hampton. I saw you in Penton Street at 12.30.
Cross-examined by Johnson, You wore a long coat that opens behind like our own.
The Prisoners' Statements before the Magistrate. Johnson says: " I was there with the intention of doing it, but no window was opened by me—I never saw these two other men in my life." Hampton says: "The constable never saw us three together last night." Smith says: "I am sure the policeman never saw us together last night—we were walking straight home."
Johnson's Defence. I confessed at the police-court I was there, and I was with three more with the intention of getting into the house, but we did not get in. I walked away; the policeman spied me with his lamp. I said "What are you going to do?" The prosecutor knocked me down/emdash/—they blacked my eyes and kicked me and took me to the station, and the prosecutor charged me the next morning with entering a dwelling-house; it was a warehouse; I never saw these men before.
SMITH and HAMPTON— NOT GUILTY . J0HNSON**— GUIILTY . He also PLEADED GUILTY to a conviction of felony in January, 1876, at Clerkenwell— Seven Years Penal Servitude .
FOURTH COURT—Thursday, January 17th, 1878.
Before Mr. Recorder.
MESSES. STRAIGHT and C. MATHEWS conducted the Prosecution; and MR. M. WILLIAMS the Defence.
This indictment had been preferred in the absence of committal by a Magistrate, and the Court considered that there was no identity of Rook or of the property, and that there was nothing to show that the zinc had not been come by honestly, and therefore directed a verdict of NOT GUILTY . There was also an indictment for felony against the prisoner, on which a verdict of NOT GUILTY was likewise taken.
MR. PURCELL conducted the Prosecution, and MR. M. WILLIAMS the Defence. The Prosecutor did not appear, having gone to sea.
HENRY SIMMONS (Policeman 217 H). I was in Mint Street on the morning of 22nd December, where I saw the prosecutor walking with two women—I saw the prisoner take his cap off his head—he stood a few minutes, and as I neared him he ran away—I was about 15 yards off—I afterwards apprehended him, and charged him with assaulting the prosecutor, and robbing him of his cap—he said that he was taking a walk—it was about 1 o'clock a. m.—there was a lamp near—I had seen the prisoner before.
Cross-examined. The prosecutor was a sailor—he was drunk—the women were not common women of the town—one is married.
ROSE SMITH . I live at Norwich Court. Smithfield, and was in Mint Street, and saw the prosecutor and the prisoner standing with him—I was on the kerb, and they were in the road, and I see the prisoner take the cap off the sailor's head and strike him on the face and run away—I am perfectly sure the prisoner is the man—he called my companion a so-and-so mare because she told him not to hit the man.
Cross-examined. I never saw the prosecutor before that night.
ELLEN SLATTERY . I was was with the last witness, and saw the prosecutor, the prisoner, and another young man—I was close alongside them—I see the prisoner take the cap off the prosecutor's head, and when he asked for it the prisoner struck him in the face and ran away.
MR. DOUGLAS conducted the Prosecution.
RANDALL SOMERSALL . I am in the service of William Hinton, a draper, of 80, Pitfield Street—I was aroused at 12. 30 on Sunday, 23rd December, by my master—we went down into the shop, and found the middle shop-door kept open by a box, and a pile of cloths behind the door taken down and removed—one piece was placed within the shopfront door, and one piece taken away—I saw no one there, and went out into the road, and took up my position by some railings, and in about
three minutes I saw three men coming down on the opposite side of the street towards the shop—they were about 80 yards off when I first saw them—when they got opposite the shop-door they crossed over towards the door—Mr. Hinton opened the door just then, and all three turned and went sharp down the other side of the street about 40 yards, and two men left the other and ran away—the prisoner walked on, and I went on the other side of the street till I saw a policeman, and gave him in charge.
Cross-examined by the Prisoner. I was standing by the railings, 12 or 14 yards from the shop, when I saw you and the other two crossing the road—I was on the same side as the shop—the shop-door was just put to—you were all three side by side—when you came back to the shop you begged my master not to give you in charge.
WILLIAM HINTON . I am a draper, of 80, Pitfield Street—I was disturbed at about 12. 30 on Sunday night, 23rd December—I went down with my assistant and found the shop-door opened, and things disturbed—my assistant went out and the door was pushed to—I afterwards opened the door and saw the prisoner and two others walking across the road to my door on to the pavement, evidently coming into the shop—directly they saw me they turned sharp round on to the other side of the road—my assistant followed them—I nave heard nothing of my property since—my porter fastened the doors at night—I went to bed at 11 o'clock—the door was opened after I went up by a young man who came in rather late.
Cross-examined. You and the others crossed on to the pavement near to the door—it is a very narrow pavement—at the police-court you said you were asking for a match—I saw my assistant follow you—he was my shop side—you were all three coming over the road, side by side.
CORNELIUS BRISCOE (Policeman 183 N). I saw the prisoner and two other men coming along Pitfield Street—the prisoner was about a yard behind the others—the other two men ran away and Mr. Somersall called to me to take the prisoner, which I did—I went to Mr. Hinton's shop and examined the door, which had been forced by a double-claw jemmy, the prints of which I saw on the door—there was also an inner door which was more torn than the outer door—considerable violence must have been used in opening the doors—it is not my beat—I passed the house perhaps half an hour before—I was not the same side of the street, but I have a man here who was.
Cross-examined. I was about 40 yards from the shop when I saw you coming along behind the other two; you were about midway between me and the shop, 20 yards from the comer of Great Charles Street, where the other men turned round—my back was turned until I heard Mr. somersall whistle; I then turned round and the other two walked away sharply.
SAMUEL DOUGHTY (Policeman 107N). I was in Pitfield Street at 11.50, and saw the prisoner wishing the others good-night, 12 or 13 yards from the prosecutor's premises—it is my beat—I examined the premises when I went by and they were perfectly safe and fastened,
Prisoner's Defence. I was coming from a friend's at Islington and two chaps said "Hi, give us a match." They walked on and I was given in charge and accused of robbery, and taken back to the master. I said "Don't lock me up." He said "You were with the other men."
MR. RUTHERFORD conducted the Prosecution.
WILLIAM CLIFFORD (Detective Y). I was in Clayton Road on 8th January about midnight, and saw the prisoner catch hold of a man—her back was to me, and I thought she was tugging at his waistcoat—I saw her snatch twice with her hand, and immediately after she ran, and as she passed me I caught sight of her face—I immediately ran up to the man and asked him if he had lost anything—I saw this cross-bar (produced) sticking through the button-hole of his waistcoat—I ran after her and called "Stop thief!"—she went down to the Great Northern Railway, and I was unable to find her until I got a lamp, and I then found her concealed in a shed where the cattle stand—I told her I should take her in custody for stealing a chain from a man—she said that she knew nothing about the b—chain—I took her to the police-station and she was charged—nothing was found on her—there is a lot of mud about there where the cattle come, and it would be easy to dispose of anything.
Cross-examined by the Prisoner. I did not say "I see you snatch the chain;" I said "I saw you tugging at it"—a locket was attached to it—you had no pipe when I see you—a constable did not slap your face and make your nose bleed.
The Prisoner. The inspector see me bleeding and said he would tell the Magistrate about it—I could not see which constable struck me, because I could not get my head up.
HENRY LONGSTAFFE . I live at Crooke, in the county of Durham, and am a tailor—I remember the prisoner snatching my chain from my waistcoat on 8th January—I had had two glasses of hot gin, that is all—the value of the chain was 5s.
Cross-examined. I never said when you were brought into the station that you were not the woman.
By the JURY. I had never been in her company before—I shouted "Stop," and the policeman came up and asked me if I had lost anything—I said I had lost my Albert and locket—he directly went after her and cotched her, and I said "That is the woman."
The Prisoner's Statement before the Magistrate. "I don't know the gentleman. I know nothing about his chain; I never had it."
Prisoner's Defence. I felt rather queer, and I take a smoke sometimes, and I saw some people laughing at me, and I was just in the act of going away. I never see this gentleman before.
GUILTY . She was further charged with a previous conviction in January, 1876, at Clerkenwell, to which she PLEADED GUILTY— Eighteen Months' Imprisonment .
MR. A. B. KELLY conducted the Prosecution; and MR. CUNNINGHAM the
of 22nd December—I double-locked the door—I saw the prisoner and another man on the other side of the road, but took no notice of them—I then went across and had twopennyworth of whisky and hot water—I shortly after returned and found the street door unbolted, and the back door open, and my dog killed—I had left him lying on a chair—I missed a silver watch and 16 pence or 18 pence from a drawer—a sheet was put on the ground, supposed to be to carry more things away, but they were disturbed.
Cross-examined. A lamp was alight where I saw the men; they stood very much in the dark, but I could see them—that was the only time I saw them—the prisoner was pointed out to me at the station as the man what jumped over the wall.
ANN HOLLIDGE . I am the wife of Charles Hollidge, a railway porter—about 8 o'clock on Saturday, 22nd December, I went to Sully's house and knocked at the door—I got no answer; as I was leaving I turned back again and saw two men on the top of the side wall—I says "What are you doing there?" they said "It's all right, missus, the place is on fire at the back"—they slid from the wall and one of them fell at my feet—we ran after them and cried out "Stop thief" down Church Row.
Cross-examined. I did not see the prisoner caught—it was rather dark where I saw the men, but there was gas opposite—I never saw the prisoner before—we had him in sight all the time we were following him—when we ceased to run he went out of our view.
CLARA. SULLY . I live at 50, Fuller Street, near the prosecutor—on this evening, about 7 o'clock, I see the prisoner pass me three or four times with another man—I was with Mrs. Hollidge—we went round afterwards and knocked at the prosecutor's door, and I saw the prisoner and another man on the top of the wall—the other lady says to him "What are you doing up there?" the prisoner said "All right, missus, the place is on fire at the back," and then they jumped and we ran after them and raised an alarm.
Cross-examined. I cannot say how high the wall is—I never saw the prisoner before—I saw him afterwards at the station and identified him. WILLIAM SMITH (Policeman 52 H). I was on duty on the evening in question in the neighbourhood of Sully's house—I saw the prisoner and another man run across Bethnal Green Road from the direction of Sully's house—I followed them about 300 yards and never lost sight of the prisoner—I apprehended him—we were both out of breath, we had had a desperate run—I asked him what he was running for—he said "I don't know, do you?"—I told him I should take him back to see what he was running for—I saw him fumbling about in his pockets and said "What have you there? I must have it"—he said "You shan't"—I laid hold of him by the neck and thrust him up against the wall and a man came and assisted me—when I got my hand to his right-hand pocket he said "You will find what you want in that pocket," and I found these skeleton keys (produced)—I took him to the station, and charged him with having these keys, and on the road Mrs. Sully said "That is the man, policeman"—I went to Sully's house and put these keys in the door, and on unlocking the front parlour door I found a terrier dog lying dead from a wound in his head—the drawers were all open—I found this sheet (produced) on the floor, which I was told was removed from the
chest of drawers—the catch of the bolt had been forced off, and the tiles on the back shed were broken—this jemmy was found in my presence.
Cross-examined. One of the keys fitted the street door, which I found shut, and opened it—I had not seen either of the two last witnesses when I began to pursue the prisoner—Church Row is about 120 yards from the house—the other man was not present when I put my hand on the prisoner—I ran them into a court where there was no thoroughfare, and if I had had another man with me I could have taken them both—the prisoner was the last that ran—these keys are double, you might call them six or three—if I ever said five it was a mistake.
GUILTY . He was further charged with a previous conviction at Clerkenwell in the name of Samuel Martin, in May, 1875, to which he PLEADED GUILTY— Eighteen Months Imprisonment .
MR. RAVEN conducted the Prosecution.
STEPHEN DUNKIN. I live at No. 1, Duncan Street, Whitechapel—I lost this purse (produced) about 8th January, in Royal Mint Street, Glasshouse Street—I do not know what money was in it.
STEPHEN DUNKIN, JUN . I am the son of the last witness—I saw my father in Glasshouse Street on 8th January—I asked him if he would come and have a drop of gin—we did so, and stood outside the public-house—he said ''I am going"—I said "Go ahead," and not a minute after I saw him lying on the pavement in Glasshouse Street—I went and picked him up, and a woman said "Your father is robbed"—I then saw the prisoner about as far off from me as you are—he said "That is all I have taken"—that was a threepenny-piece in his left hand, and he had the purse in his right—he handed them to me, and a policeman came and skated him off to the station.
JAMES AINGER (Policeman 134 H). I was on duty in Glasshouse Street, Whitechapel—I took the prisoner into custody and charged him—he said ''I have given up what I have taken, let me go, I am drunk"—he was not drunk—I took him across the street, and he said "I am not going any further," and clung to a lamp-post—with the assistance of another constable I took him to the station—the prosecutor was under the influence of drink.
MARY ANN DOE . I am a widow living at Spitalfields—on 8th January I was in Royal Mint Street, and saw the old gentleman lying on the ground and the prisoner stooping over him—he immediately got up and came towards me, and gave me the bag and threepence, which I handed to Mr. Dunkin, jun.—I said it was a scandalous shame to knock an old man about like that—I did not see him knocked about, only lying down—the prisoner said "That is all I have taken."
Prisoner's Defence. I was intoxicated and know nothing of the case.
GUILTY . He was further charged with a previous conviction of felony in July, 1860, at this Court, to which he PLEADED GUILTY**— Ten Years' Penal Servitude .
NEW COURT.—Friday, January 18th, 1878,
Before Mr. Common Serjeant.
202. CHARLES DEVEREUX ROBINSON (24) PLEADED GUILTY to Unlawfully obtaining by false pretences 20 reams of foolscap paper and 20 reams of post paper from George Watson and others, with intent to defraud. Judgment Respited —(See Half-yearly Index).
203. PETER SLEVEN (26), JAMES SIMMONDS (35), and WALTER STEPNEY (56) , Stealing four wooden hogsheads, four hampers, 1, 920 bottles, and 114 bottles of lemonade, of John Kemp Welch and another, the masters of Sleven and Simmonds.
MR. M. WILLIAMS conducted the Prosecution; MR. A. B. KELLY appeared for Sleven, MR. CROOME for Simmonds, and MR. BRINDLEY for Stepney.
WALTER GAY . I was formerly in the employ of the prisoner Stepney, a bottle merchant, at Euston Mews, Euston Square, as general labourer—my sister lives with him as his wife—I came up from Herefordshire—a man named Barnes was also employed there—I recollect going with the horse and cart to Wapping—I saw Sleven there unloading his van, which contained long boxes, after which he came over to Srepney, who was in a public-house opposite the wharf—I stood outside minding Sleven's horse and van—they remained in the public-house 5 or 10 minutes, and Sleven told me to back the van into the wharf—two large barrels were then rolled into Stepney's van, which was driven on the opposite side of the road, and Sleven followed in his van as far as Lower Thames Street, near Billingsgate, where Stepney and Sleven went into a public-house while I stood outside with the horse and van—Stepney and I then got into my master's van, with the two barrels in it, and drove home to Gower Mews, where Stepney has a warehouse, into which the barrels were put—on the same night Simmonds came to Euston Mews, where Stepney lives, and said "Are you going over to the tother place?" meaning Gower Mews—Stepney asked me for a hammer—I got it, and Simmonds had it—they went to Gower Mews and I followed them—Mr. Stepney came into Gower Mews intoxicated—Simmonds was then applying the chisel-end of the hammer to undoing the hoop of one of the casks which I had left there, and Stepney was standing alongside it holding a candle—Mrs. Stepney said to Simmonds ''I will round on you to Mr. Schweppe if this carrying on is going any furthur"—Simmonds said "Hold your tongue," and Stepney pushed her against the door—I caught her as she went down—Simmonds then opened the casks, and took a paper out of each—both barrels contained empty lemonade bottles—next day Barnes and I went to the warehouse and unpacked the barrels of the bottles, put them into prittles, and they were taken away on different occasions to a man named Mason, who lives at Highgate Road or Camden Town, and the barrels were broken up and made into firewood—three weeks afterwards I left Euston Mews with my horse and van with Stepney—there was a bit of loose straw in the cart and two bags, but no bottles—we went to a public-house in Castle Street, and remained three-quarters of an hour or an hour—Sleven came in and said "Step, all right"—we then got into the van and drove up the street, and when we got 20 yards he told me to get out and meet him at a public-house in Little Tichfield Street—I got out, and when I got into
Charles Street I met the van coming out of Wells Street with the hampers in it, and a little straw thrown on them and a bag—Stepney was driving—I walked on and found Sleven, Smith, and Stepney in the public-house and the van outside—they asked me to have some drink, which I did—I saw Stepney pass money to Sleven, but cannot say how much—Stepney and I drove home to Gower Mews, leaving Sleven and Smith at the public-house—we carried the four hampers into the warehouse--they were open, and contained empty lemonades with straw at the top—some had Schweppe's name on them and some had his labels—I afterwards saw those four hampers at the station with the bottles—I once saw Sleven under an arch near London Bridge—there were three or four vans of Mr. Schweppe's there—I had my horse and van there, and Stepney was with me—two of the same kind of barrels were rolled out of Schweppe's van into mine—they contained empty lemonade bottles—they were taken to Gower Mews—on the 28th November a carman of the Brighton and South Coast Railway brought two hampers full of empty lemonades, and he and Stepney went to a public-house at the top of the Mews—I went there and saw Stepney give him money, I don't know what—after we had drank Stepney and I returned to the Mews, and Simmonds came in and said to Stepney "Where are the papers of those two hampers?"—Stepney told me to light a candle and fetch them—I went down and fetched the papers out of the hampers—one had no writing on it, tother had—I gave them to him, and the one that had no writing on he rolled up and put in the fire, and put the other in his pocket—I fancy I saw "Brighton" on it, but I cannot say—"Schweppe and Co." was on the bottles and on the labels—Stepney and Simmonds then went to a public-house at the top of the Mews, and Stepney gave Simmonds money in a backhanded way—I afterwards saw one of the hampers at the station—I remember hearing Simmonds ask Stepney to have some more, and Stepney said "You will very soon have a house out of old Schweppe"—Simmonds said "It will take me a long while about it"—I subsequently made a communication to Messrs. Schweppe, and the prisoners were given in custody.
Cross-examined by MR. KELLY. This selling of bottles has been going on for a number of years by his own word of mouth, but according to me about three months—I said at the police-court that I had never been in trouble—I was not subsequently obliged to confess that that was a lie—I have been in trouble as a boy, but not since—I was a man in 1875—I was not committed for 14 days at the Hereford Petty Sessions on 29th May, 1875—I was not convicted in the name of Werter Gay; that is not true—I was convicted as Werter Gay at the Hereford Sessions, in 1867, of stealing lead—I was not committed for 14 days in 1857, at the same sessions, for being disorderly and resisting the police—I have served 11 years in the 23rd Fusiliers, and have a good character—I have not been six times convicted in Hereford City—I have been convicted twice for drunkenness and once for lead—I gave information against Stepney, and my sister told him she would do the same—I had had no row with him; we went out one Saturday night, he got drunk, and she was drunk, and I will say I was; on the Sunday morning a chest of drawers was covered with glasses, she swept one away, and he swept the others, and he told me I should have to leave—I went out on Sunday and came back on Monday, and said "Are you going to
pay me for those old corks?" which I had saved from the bottles—he said "Yes," and I said "I am going to Mr. Schweppe," and I did go—I did not know for a long time that the bottles were being stolen, or where they came from, but Barnes said that there would be a noise about them before long—that was about a month before I left—I remained a month after I knew that the bottles were stolen, assisting in receiving stolen property; I was a servant—I did not inform against Stepney because he put me out of my place—I went to Schweppe when I thought I would go; if you had been employed as a servant perhaps you would have done the same.
Cross-examined by MR. CROOME. I was three months in Stepney's employ, and I first knew that something was wrong after I had been there two months—I did not suspect it before, because he is a bottlemerchant—I cannot say how long my sister has lived with Stepney—she brought me up from Hereford to London, and Simmonds came to the house the same night—my sister is here—Barnes was not there when the casks were opened, but he was when they were brought in, and helped to roll them in—I have not seen him here—when I say that I saw Stepney pass money to Simmonds in a back-handed way I mean that I saw money pass, because he paid for the beer out of the same hand—I was the outside party, I was not between them—I saw money pass from hand to hand.
Cross-examined by MR. BRINDLEY. It is over 20 years since I was first before the Hereford Magistrates—Stepney gave me 8s. a week, and fed me; I was to have 10s., but it never came to anything—I had no spite against him for that—I did not ask him to let me stop—I am now working at Hereford—I only came up few days ago—Messrs. Schweppe paid for my coming up—they paid me 4s. a day before I went back, but since I have been back I have only had 5s.—I do not know where Barnes lives—a large quantity of bottles were bought and sold, but very few were washed.
Re-examined. Stepney and my sister were down in Hereford on an excursion, and they brought me up and paid my fare—I received 2s. 6d. for the corks—I had not enough to take me to Hereford.
HENRY SMITH . Up to 4th December I was in Messrs. Schweppe's employ—I was then given in custody for stealing bottles, taken before Mr. Benson, the Magistrate, and remanded for a week on bail, and I went to the police-court on the remand day—other men were charged with me—while I was on bail I went to see Messrs. Schweppe—I saw Sleven on the morning of 30th November, and he said "There are some bottles we may get rid of in the evening"—I told him I would rather have nothing to do with it, but about 5. 30 he came to me just outside the warehouse and said "I am going to fetch the van" and at 7 o'clock he beckoned me down the Mews—I followed him and lowered four full hampers down by the crane into his van, which were placed against the folding doors of the loft—Stepney was with the van, and Sleven was in it—it drove out of the Mews—I went back and put my coat on, as Sleven asked me to meet him in Little Tichfield Street—I went there and saw Stepney and Sleven with the van—I had something to drink, and saw Stepney pass money to Sleven, who gave me 11s. out of it.
Cross-examined by MR. KELLY. We send some of our goods to Dundee Wharf, Wapping—I cannot tell you the dates in October and November that Sleven went there, he was out almost all the week.
Cross-examined by MR. BRINDLEY. I was charged and taken into custody—I was not quite innocent—I told the Magistrate at first that I was innocent—I also said "I was never a thief before"—that was not true, and I contradicted it afterwards—I was only in custody once, that was at Worcester, 12 or 13 years ago—I was convicted and sentenced—I was there eight or nine years—before that I was a barman at a tavern in Bishopsgate Street—I got the character from them which was given with me—they did not know that I had been convicted—I was also at the Rising Sun—I was not dismissed, I left of my own accord—my wife and son are in the employ of the firm—I thought they might get discharged as well as me, and at their instance I went and spoke to the firm.
Re-examined. I have been eight or nine years in Schweppe's employ, and never robbed them till Sleven suggested it.
HENRY REEKS . I am foreman of Messrs. Schweppe's warehouse—I know Simmonds, Sleven, and Smith—Simmonds was the head of the unpacking department—he would unpack hampers of empties, and report the numbers that arrived, verbally to me—I then gave the carman who brought them a small ticket, with a note of the number of packages received—the carman would then go to the front office and obtain a receipt for them—I took Simmond's word for the numbers received—our customers generally enclose at the top of the hampers a paper like this (produced)—it was Simmonds's duty to account for those papers—Sleven's duty was in the packing department, export end—he was sent to Greller's Wharf several times in November—Smith remained to the last, not to shut up, but to see that everything was cleared away at 7 or 8 o'clock—on the afternoon of 30th November Sleven was sent to Greller's Wharf, he returned about 5 o'clock—about 6 or 7 o'clock I sent Smith to the export end to get some empty boxes—he remained away from five to ten minutes each time he went down—he might have brought one or two boxes, but he reported that there were none—on 3rd December I went with Brown to Stepney's premises; he said "I have come after those hampers which you received on Friday"—Stepney got excited and had some conversation with his wife, who said "My brother has done for me"—I asked Stepney who he got the hampers from—he said "From Harry Smith and Peter Sleven"—I saw two hampers of empty bottles at Stepney's, such as we receive from our customers; the greater part of them had our labels, as well as our name printed on then—I subsequently saw at Stepney's other place, Gower Mews, other bottles and hampers, one of which contained 11 dozen and three full bottles of lemonade—they were our export bottles, and it was export lemonade—it is always bottled plain and double wired to send abroad—we do not supply that lemonade to home customers—I afterwards went to Mr. Mason's with Brown and Aunger and saw about 500 dozen bottles with Schweppe's label on them. Cross-examined by MR. KELLY. It was Smith who got the key on 30th November—Sleven was not present when Stepney said that he got the hampers from Sleven and Smith.
Cross-examined by MR. BRINDLEY. Stepney took us at once to see the bottles, but one hamper was concealed—we buy new bottles largely, and do not get back anything like the number we send out—they are charged for when they go out.
Re-examined. The hamper containing the full bottles was concealed by straw being put over it in a corner.
ALFRED BROWN (Detective E). On 3rd December, between 2 and 3 p. m., I went to Euston Mews and saw Stepney—I told him I had come for the bottles he had fetched from Wells Mews on Friday morning—he said "Good God, if I go to prison for this it will kill me"—I went with him and Reeks to Gower Mews, unlocked the warehouse, and found the hampers of empty bottles—before we started he said that he bought the hampers of Smith and Sleven—his wife said "I suppose my brother has rounded on me through the row we had on Saturday night, it is a pity we ever had him up from the country"—I took him to the station and then went back to Gower Mews and found several hundred dozens of empty bottles—I made further search, and under some straw in a corner of the warehouse I found a hamper containing 11 dozen and three bottles of lemonade—I took Sleven—he said that he knew nothing about it—Simmonds was given into my custody in the office; he said that he knew nothing whatever of it, and did not know Stepney—I asked him if he knew Euston Mews—he said "No."
Cross-examined by MR. KELLY. When I went to Stepney's place Sleven and the other men were not there.
Cross-examined by MR. BRINDLEY. Stepney was very straightforward, he did not deny having the bottles—he gave me all the information he could—I never asked him about any full bottles—many hundred dozen bottles which were there I made no claim to—he seemed to be carrying on a respectable business—I told him I was an officer, and he took me and showed me what I asked about.
Re-examined. I went to Mason's in Camden Town and found a quantity of bottles there in a shed behind the private house—a large quantity of them had Schweppe's name on them.
HENRY EVILL . I am one of the firm of Schweppe and Co.—we furnish our customers with papers like these—it was Simmonds's duty to take them out of the hampers—they would then be initialled by him and given to the clerk—if that was not done the customer would not know.
Cross-examined by MR. KELLY. When bottles do not come back a charge is made to the customer for them—a very large number do not come back—after the accounts are settled we part property with the bottles and charge for them—Sleven has been many years in our employment—I know nothing against his character.
Cross-examined by MR. CROOME. Simmonds has been in our employment 10 or 12 years—others would frequently unpack, and if they unpacked they would initial the papers—we should not have taken him without a good character.
Sleven received a good character.
GUILTY — Two Years Imprisonment each .
Before Mr. Recorder.
MR. CROOME conducted the Prosecution. CHARLES ASKER. I am a carman, and live at 6, Ann Street, Plaistow, in the parish of West Ham—on the night of 23rd November last when I went to bed I left my house quite safe—the wash-house window was safe
and unbroken—about 2.30 a.m. I went down to the kitchen to see what time it was by the clock—I took a light with me—when there I heard a noise in the adjoining room, some crockeryware rattling—I went to see what it was, and found the prisoner in the room lying on the sofa with his head on a pillow as if he was asleep—I asked him how he came there, and what he had done—he made no answer—he had no coat, boots, or hat on—a counterpane which had been left hanging in front of the fire had been removed and folded up, and some crockeryware had been removed from the sideboard, and placed on the floor close to the counterpane—I went upstairs to put on my trousers, and while there heard the prisoner in the front kitchen—I came down with a light in my hand, and he ran out at the front door—I ran after him, and overtook him about 500 yards off without losing sight of him—I halloaed out for the police, and held him, and we both went down in the road together—he tried to throttle me—after a struggle he scudded away, and got over a high wall close by—Spenceley the constable came up, and got over after him, and in a few minutes he brought him back—he had neither coat nor boots on—we took him to the station, and then went back to my house, and found a pair of boots and a coat which the policeman took away; they did not belong to me—on looking round the house I found the wash-house window broken, and the window frame forced out, so that a man could get in.
Prisoner, I was intoxicated, and did not know where I was. Witness. I can't say whether he was drunk—he looked pretty well, and ran straight for about 500 yards, and then got over a wall six feet high.
THOMAS SPENCELEY (Policeman 134 K). On the morning of 24th Nov, between 2 and 3, I heard cries of police—I went to the spot, and found the prosecutor there; he made a communication to me, and I went round and got over a wall, and found the prisoner lying down under the wall—I asked what he was doing there—he said he lived there, and had come out to the closet—I took him round to the prosecutor—he had neither coat, boots, or hat on—I took him to the station, and then went with Mr. Asker to his house—I found a pair of boots and a coat in the back room—I took them to the station, and the prisoner claimed them, and put them on—he had been drinking—he had a bottle in his pocket with run in it, it was broken—he was not drunk, he was recovering from the effects—he knew perfectly well what he was about.
Prisoner's Defence. I was never locked up before for anything; I happened to meet with a few friends and got drinking, and got rather too much, and did not know where I was.
GUILTY — Three Months' Imprisonment .
MR. SIMS conducted the Prosecution.
EMMA JONES . I live at Sidney Street, Plaistow Marsh, with my father and mother—on 18th December I was sent by my mother with a sovereign and three halfpence in a purse to get something—on coming from Simple's oilshop down High Street, the prisoner took the purse out of my hand—I ran after him—I saw him again about 12, coming out of a pawnshop—I took hold of him—he swore at me, and kicked and bit me, and got away—I am sure he is the lad—I saw him again another day buying
potatoes when I went for some fish for father's tea—I told a policeman—I gave a description of him—there was 18s. 3 1/2d. in the purse—the prisoner had watched me going to the grocer's the Friday night before.
EDWARD HARMAR (Policeman 511). I took the prisoner into custody on 18th December for stealing a purse and 18s. 3 1/2d.—he said he had never seen the girl before, and did not know anything about it—going to the station he took 2s. 1d. out of his pocket, and handed it to a man passing—I took it from the man, and gave it back to the prisoner.
The Prisoner's Statement before the Magistrate. "I have never seen the girl in my life before."
Witnesses for the Defence.
MARY ANN GILLOTT . On the morning the little girl lost her money her mother passed my door—she looked sad as I stood there, and said "Oh, dear me, my little girl has lost as good as a sovereign!"—I said "Can't you tell how she lost it?"—she said the little girl could give no account of it.
Cross-examined. I do not know the mother—I do not know why she told me.
MARY ANN HEWITT . The little girl came to fetch oil from my shop—she returned, and said she had lost her money when she had got 100 yards away—I searched her clothing—she said she went to purchase some potatoes, and when she got there she found the money had dropped—she never mentioned about any young man attempting to get her money until two or three days afterwards.
Cross-examined. I sent my girl to look for it—the little girl paid me from a purse—I gave her 18s. 2 1/2d. change.
By the COURT. I know the prisoner by sight—he lives not far off.
Cross-examined. This occurred in the Victoria Dock Road—the little girl was coming from Hewitt's shop.
By the COURT. I did not see her come out—I first heard the prisoner was charged on a Saturday after he was taken—I know Mrs. Hewitt—Mrs. Gillott lives in our street—she told me to come as a witness—I know the prisoner's sister—the little girl did not put her hands in, but felt all round my pockets—another boy, John Clark, was with me—I remember this Monday because I go in the docks with the dinners on Mondays.
Witness in Reply.
NAOMI JONES . I am the mother of Emma Jones—I never saw Mrs. Gillott before—I never told her my little girl had lost her money—my little girl told me when she came home about the"chap" taking her money, and that he kicked her and bit her—I did not go out after that—she had two teeth marks on her wrist—my neighbour and the surgeon saw it—I did not know that they would be required as witnesses to-day.
EMMA JONES (Re-examined). I went back to Mrs. Hewitt's shop and told her the boy had snatched my money—she said "You have made a mistake, you have dropped it"—I said "I must know whether I dropped It"—I never felt the little boy's pockets.
The Prisoner. I never did such a thing in my life. I would not be a thief if I was starving. NOT GUILTY
Before Mr. Recorder.
MR. MONTAGUE CHAMBERS , Q.C., with MR. HURRELL, conducted the Prosecution. FREDERICK GEORGE HORTON. I am a clerk in the Missing Letter Department of the General Post-office, London—in consequence of instructions that I received I went down to Maidstone on Monday, 7th January—I there made up a letter, and addressed it to Mrs. Niton, 15, Kennington Park Road, London, S. E.—I put 120 penny postage stamps in that letter and marked them with a private mark—I securely fastened the letter in the envelope with the adhesive gum seal, and posted it in the Boxley Road wall letter-box at 7. 45 p. m.—I saw the prisoner clear that box shortly after 8 o'clock—I subsequently went to the Maidstone postoffice and arrived there about 9. 45—I saw the prisoner there in the postmaster's private room—Mr. Ransley, the chief clerk at the Maidstone post-office, was present—I told the prisoner that I had received instructions to come down to Maidstone to investigate the loss of several letters which had been complained about, that I had posted a letter addressed to Mrs. Niton, 15, Kennington Park Road, London, in the Boxley Road wall box, about 7. 45, and that I had been informed that that letter had not reached the Maidstone post-office, and I asked him if he knew anything about it—he said "No"—I asked him if he had cleared the box—he said "Yes, and I brought away all the letters"—I then asked him if he had anything about him which did not belong to him—he said "No"—I asked him if he had any postage stamps about him—he said "No"—I then sent for Inspector Rhodes, and he searched the prisoner in my presence—he asked him to turn out all his pockets—the prisoner turned out his trousers pockets, and threw his coat off on to the ground; it was afterwards picked up by the inspector, who found in the breast pocket the 120 postage stamps—I looked at the stamps and asked the prisoner where he got them—he said "They are mine"—I then applied a test to one of the stamps and brought out my private mark upon it—it was not observable unless a test was applied—the stamps were all together—I then told the prisoner that I identified them as being the stamps I had enclosed in the letter which I had been inquiring about—he said nothing to that—the inspector has the stamps (they were here produced)—I identify these stamps as those which I put into the letter, and they are the same that were taken from the breast pocket of the prisoner's coat.
Prisoner. I bought those stamps outside the post-office that night
GEORGE RANSLEY . I am chief clerk at the Maidstone post-office—the prisoner has been employed for seven years or thereabouts in the postoffice there—his duty was to clear the pillar and wall boxes of the town—it was his duty to clear the Boxley Road wall box—the time for clearing that was 8.10 p. m.—I recollect Monday evening, the 7th inst.—the prisoner came to the post-office that evening and brought his bag—I examined it about 9.15—on looking through the letters contained in that
bag I did not find any letter addressed to Mrs. Niton, 15, Kennington park Road—in consequence of that I made a communication to Mr. Horton—I was present when the conversation took place between Mr. Horton and the prisoner—the statement which Mr. Horton has made is correct.
WILLIAM RHODES . I am a police inspector at Maidstone—I was called in on this occasion about 10 o'clock, when the prisoner and the previous witnesses were in the post-office—I did not hear all that passed—Mr. Horton told me in the prisoner's presence that he wished me to search him—I said to the prisoner "Baker, put out on the table all you have got in your pockets," pointing to the table that was close by—he took out money, a tobacco pouch, a knife, and a few things, and laid them on the table—he then took his pockets and turned them inside out—there were no letters or stamps found—he then took off his tunic and threw it down by the side of him—that was after he had emptied his pockets—I then thoroughly searched him all over, and not finding anything I took up his tunic and searched that, and in his left-hand breast pocket I found these 120 penny postage stamps which I have produced—there was no envelope found—the stamps were just as they are now—I saw the test applied to them in the prisoner's presence by Mr. Horton, and he identified them as stamps which he had posted in a letter in the Boxley Road wall box; he examined them and applied a test to them to bring out the mark—previous to his doing that the prisoner said when I took them out of his pocket "They are mine"—Mr. Horton said "Where did you buy them"—he said "They are mine"—then the test was applied and Mr. Horton identified them—Mr. Horton then said that he should give him in charge for stealing a letter belonging to him out of the Boxley Road wall pillar box, and I took him into custody and took him to the station-house—during the time Mr. Horton was testing the stamps the prisoner said "I will make you pay for this"—that was said to Mr. Horton.
Prisoner. It is false, I said no such thing.
Witness. Mr. Horton heard it as well as I did.
Prisoner's Defence. I can assure you I bought those stamps after the post-office was closed that night; I gave 9s. 6d. for them, and there was 1l. 0s. 6d. in my purse when I was taken—I do not know who the man was that I bought them of—I have my character here—I have served in the Navy—is it likely that I should rob the post-office of 1Cs. when I received my pension that very day—it was a dark night, the letter might full out, I am not supplied with a lamp.
GUILTY — Five Years' Penal Servitude .
MR. AUSTIN METCALFE conducted the Prosecution.
GEORGE NAYLOR . I am an oil and colourman, of 6, Hammond Place, Chatham, and 6, Old Bar, Brook-Mr. Daniel Gibbs is my manager at Brook—the prisoner has been a carman in my employ about five years—it was his duty to get corn and fodder from Mr. Driver every week, and every Saturday to get an invoice or bill from Mr. Driver for the fodder that had been supplied; he would take that bill to Mr. Gibbs, the manager of the shop, who would give him the money to pay, and on Monday morning he would bring me the bill receipted—this (produced)
is the bill I received on Monday, the 31st—he brought it to me personally on the Monday morning. (Read: "Mr. Naylor to J. Driver, Dec.24, a bag of chaff, 3s. 3d.; 2 bushels of oats, 7s. Dec. 28, a bag of chaff, 3s. 3s.; total, 13s. 6d.—Settled, Dec. 29, 1877. Stephens.") There is a person of the name of Stephens in Mr. Driver's employ—on Wednesday morning, 2nd January, I received a bill from Mr. Driver by the first post—it was the prisoner's custom to go from my place at half-past eight with a horse and cart; I said to him "I have received this bill from Mr. Driver, do you know anything of it?"—he said "It is a mistake, we don't owe anything there; if you will give me the bill I will see Mr. Driver"—I said "I will see him myself "—in the evening I went to the stable and said to the prisoner "Now, Reed, I will go along with you and see Mr. Driver about these accounts"—he then said "I will make a clean breast of it, sir; I have received the money and receipted the bill" and he said that he would pay it in a week—I said it was impossible that he could do that, no one would lend him the money to do it, and I gave him into custody.
HARRY WALTER STEPHENS . I am manager to Mr. Joshua Driver, a corn-factor at Brook, Chatham—on the 29th of last month the prisoner came to me for our bill—he saw me personally, and I gave him the bill—the signature to this bill is not my writing, I know nothing of it—there is no other person of the name of Stephens in Mr. Driver's employ.
Prisoner's Defence. At the time when I first took the money I was very much in distress. I did not take it with the intention to defraud either Mr. Naylor or Mr. Driver; I took it for a short time, thinking to make it up. On 18th December I renewed my life policy and security for £20; on the 31st I sent it to the office, and on the 3rd January I was to receive the money to pay this bill with and to pay a quarter's rent; that was my intention. I did not intend to defraud, and I will try and pay the money: that was my first intention, and it is my intention now.
GUILTY . There were two other indictments against the prisoner, and the prosecutor stated that his defalcations amounted to over £70— Twelve Months' Imprisonment .
MR. AUSTIN METCALFE conducted the Prosecution.
JAMES BREEZE. I keep the York Hotel, Ordnance Place, Chatham—on 6th October I went round my house and saw it all safe, as I usually do every night before retiring to rest—every door and shutter was secure—there were six silver labels on some decanters in the bar—they were safe at that time, I saw them before I retired to rest—I next saw then in the hands of the police, about three weeks ago—on the morning of 7th October, when I got up, I found the place had been broken into—the cellar flap had been removed—I afterwards missed the six labels—the bar was covered with burnt matches, all strewed about the floor and on the counter, about two boxes full—this screwdriver (produced) was left behind, with which they had been acting on a cupboard to get the silver out.
Cross-examined by the Prisoner. To the best of my belief I never saw you before I saw you at the police-court at Chatham, but I see so many soldiers every day of my life, I could not recognise you.
WILLIAM RANDALL . I am a pawnbroker at 297, High Street, Chatham—on 21st December, about 7 in the evening, the prisoner came into my shop in company with another soldier of the same regiment—they came in to look at a watch—the other soldier left, leaving the prisoner in the shop—he took out a label and asked me if it was silver—I said "Yes, but not of the best description"—he said "I have got some more," and be pulled a purse out of his pocket and produced five more—I immediately sent for the police, and detained the prisoner in conversation for about half an hour, weighing the labels and talking on different subjects; in the meantime he picked the things off the counter and went out—these (produced) are the labels—they are worth about 15s.—he offered them for sale for 2s. 6d.
Cross-examined. You came in to look at a watch that was in pledge—you did look at it, I showed it you—I can't remember what you paid to look at it, or whether you asked the value of it, I was very busy that evening, it being just before Christmas.
Prisoner. He said he would tell me the value of the watch if I paid 3d. more, which I did; I offered them for half-a-crown to ascertain the value, as I did not know whether they were silver, and I thought he would be charging me 3d. more if I asked him the value of them. Witness. That passed as I was detaining him in the shop while I sent for the police.
GEORGE ALFRED POPE . I keep the Golden Cross beerhouse in High Street, near Mr. Randall's shop—on Friday, 21st December, from 15 to 20 minutes past seven, the prisoner came into my shop in company with some others, and went into the singing room; while he was there I had information given to me by the police, in consequence of which I noticed the prisoner's actions—he left the room and went into the back yard; there is no closet there—he remained there about twenty minutes—he then returned and went into the singing room again—I went into the back yard to see what there was there, and saw a lump of mess there—I got some water to wash it down, and washed it down the drain, thinking no more about it—in the morning a police sergeant came and asked me something, and we went out and found one of these labels, and then found the remainder down the drain—I picked them up and gave them to the sergeant.
JOHN ISALAH POPE . I was a sergeant in the Kent Constabulary at the time in question—on 22nd December I went into the last witness's back yard and there found these labels in the sink—the account he has given of the finding is correct—they were identified by the prosecutor as his property.
FREDERICK RAYNER (Kent Constabulary 61). I took the prisoner into custody on Christmas Day—I charged him with burglariously breaking into the house of Mr. Breeze, and stealing therein six silver decanter labels in the month of October last—he said "I know nothing about breaking into the house, I admit having the labels, I offered them in pledge and I afterwards took them to the back of the Golden Cross and put them down the drain, and you will find them there now"—he said he took them from another man's kit in his room.
JAMES HOLT . I am a private in the 30th Regiment—the prisoner is a private in the same regiment—I remember a man named Slater being in the regiment; he was taken into custody I believe on 16th December—the prisoner was one of the party who were ordered to overhaul Slater's kit—I believe the orderly sergeant and the prisoner did it—I did not see the prisoner in possession of any labels afterwards; I saw him in possession of a small chain which he said belonged to one of the labels—I saw the labels in Slater's possession early in December—I believe Slater was in custody for breaking into some house in Brompton.
Prisoner's Statement before the Magistrate." On the night of the 16th inst. I was room orderly. Samuel Slater, a private in the 30th Regiment, was apprehended at New Brompton on a charge of breaking into a house. I was told to turn out his kit, and on opening some socks of his that were rolled up I found six silver labels; I took them down town to see whether they were silver or no. I went into Mr. Randall's and asked him if they were silver; he said 'Yes, but of the worst description, ' so I came out and threw them in a back place at the Golden Cross, as I thought they were of not much value.
Prisoner's Defence. I don't want to say more. NOT GUILTY
208. CHARLES SAVAGE (20) , PLEADED GUILTY to Stealing a coat of Harry Sykes Balls, having been convicted for felony in December, 1876 at Southwark, in the name of David Williams**— Eighteen Months' Imprisonment .
MR. BRINDLEY conducted the Prosecution; and MR. A. B. KELLY the Defence.
HENRY TOWNSEND CARTER . I am a ship's steward, and live at 7, Circus, Minories—on 10th December, between 10 and 11 p. m., I was at Greenwich—I was never there before—I was sober—I was walking quietly along a narrow street, when I found my hat go forward into my arms—I was seized from behind—a third person came and put his left hand in my waistcoat pocket, and took 10s. in gold and silver—one man kicked my left leg—two of the men ran one way and one another—the prisoner was one of the men—I spoke to the witness Sullivan, and then went to Policeman Sheaf, and gave a description of the two men.
Cross-examined. I had been tripped up about 9. 30 that evening—I had been staying in London—I went to Greenwich by water to meet a friend on business, and I thought I would remain there—I did not meet with a misfortune between 6 and 7 p. m.—I was not drunk—I was not assisted to the market place by two men—the prisoner either had my left arm or took my money—I never saw him before—the affair lasted two minutes—I gave information five minutes later.
Re-examined. I had some gin at Greenwich, and some tea before I left London—the man who tripped me up said it was an accident, and "I humbly beg your pardon."
JOHN SULLIVAN . I am a labourer, and live in Rose Street, Greenwich—between 10 and 11 p. m., on 10th December, I was in London Street—I saw the prisoner run from London Court to Royal Hill—I knew him by sight—I saw the prosecutor come out of the same court two minutes after—he complained to me and I went with him to police-constable Sheaf—he was sober—he gave a description of two of the men to the policeman—there is a thoroughfare through the court.
Cross-examined. I did not see what took place in the court—I am sure the prisoner was one of the men—he passed two yards from me as I was walking.
STEPHEN SHEAF (Policeman R R 2). About 10. 40 on this night the prosecutor and the last witness came to me at the church—the prosecutor made a statement to me—he was quite sober—I went in search of the prisoner to his house—I met him at the church an hour after—I told him I apprehended him for highway robbery—he said it was a b—mistake, I was b—well wrong that time—I took him to the station—he was identified by the prosecutor—nothing was found on him.
Cross-examined. The prosecutor spent the night at the station because we had no means of getting him another lodging, not because he was not sober—he had no money at the station.
Witnesses for the Defence.
WILLIAM HEGGERTY . I know the prosecutor—he is a seaman—I saw him on 10th December, between six and seven, standing against a lamppost—I was at my shop door, a greengrocer's, with Mr. Volley and others—I saw him fall—two persons assisted him—he was intoxicated—I lent a bushel basket and one of the men placed him on it—he fell a second time—he had a cut over his right eye—Volley washed his face with a sponge and warm water.
Cross-examined, I know the prisoner by sight, also Sullivan—the prisoner's mother brought me the subpoena—the prosecutor said he belonged to the hospital—he was taken there from my door—I said "How are you now?"—he said "All right"—he was very much out and bleeding, and his clothes were dirty—I only saw him fall once—I am sure it was the prosecutor who fell.
CHARLES VOLLEY . I am a mattress maker, and live at Greenwich—I was near Mr. Heggerty's shop on the 10th—I saw the prosecutor sitting on a bushel basket—his face was cut and he was bleedings—I said "What is the matter?"—he made no answer, but dropped his head—I asked the question again, and then I could see the man was quite tipsy—I asked him where he belonged to—he said the Seaman's Hospital at Greenwich—I got a bowl of water and washed his face, and a 21b. weight to take the swelling off his forehead—I got him all right and asked him to have a glass of ale—he said he would—we went into the Cricketers and had a pint of sixpenny ale between us, and he had a small bottle of seltzer—I left him there and saw no more of him.
Cross-examined. My son married the prisoner's sister—I was subpoenaed by his mother—I did not see the prosecutor standing against the lamp-post, nor the fall—I saw him taken to the hospital—it was after he came to the hospital that we went to the Cricketers—he was then better but not sober—I have not seen him since.
ELLEN WILLING . I am the prisoner's mother—he lives with me—on 10th December he was at home from 7 p. m., when he had his tea, till nine, when he left to go to the gas factory—I went with him and waited till ho came out again at five minutes to ten—as he could not get work be said he would go for a walk—I went home.
Cross-examined. The witness Volley married my daughter.
By the COURT. I went to go before the Magistrate but could not get in—I paid a guinea to Mr. Cook to defend my son, but he did not have any witnesses called.
ELIZA. CLARKE . I am married—I know the prisoner—my husband could not come—on 10th December the prisoner met my husband and me in Thames Street, about 10 p. m.—we went to the Spanish Galleon in Church Street, and had a couple of jugs of beer, and remained there till after 11, where we left him.
Cross-examined. The prisoner works with my husband at the gasworks—his mother asked me to come here—I did not know what the was—we were served by the barman—he is not here.
By the COURT. I was not called before the Magistrate—we had to stand outside the Court.
Witnesses in Reply.
WILLIAM BARRY (141 R). On the 10th December I saw the prisoner in London Street and Church Street, Greenwich, four times between soon after 8 and 10. 5 p. m. in company with two others, named Mitchell and Jones—Mitchell has absconded—I did not see him with the last witness at all.
GUILTY†**— Twelve Months' Imprisonment .
Before Mr. Justice Lopes.
210. WILLIAM NICHOLSON (24) and JOHN WHITE (23) , Burglariously breaking and entering the dwelling-house of James Robert Nicholas, in the parish of Deal, in the county of Kent, and stealing therein two jackets, one coat, and one cloak, his property, to which WHITE PLEADED GUILTY
MR. BRINDLEY conducted the Prosecution.
JAMES ROBERT NICHOLAS . I am a boat-builder, of 18, Beach Street, Deal—at a quarter to 10 on Saturday night, 29th December, I went home, and shortly after 10 o'clock went to bed with my wife and children, with the exception of one son, who was out—I saw the door closed; I closed it myself, and it was latched, I am quite sure of that—it was not locked, it was left for my son to come in—after I had been in bed some time I heard the latch turn—I should think it was then nearly half-past ten; I had been in bed a quarter of an hour—I got out of bed and called out, and not hearing any footsteps, I thought it was suspicious, and called out "Who is there?"—not getting any answer, I opened the front window and looked out—I saw no one standing at the door, but saw a man going along to the north, about 40 yards from me—he had something on his arm—I cannot say what it was, but I thought it was a bag—I did not go downstairs directly, but very soon, and then I watched him tumble about with the bag, and he dropped it and picked it up, and then went towards the south—I then got a light and went downstairs—I found the door about three inches open—that was the door I had closed—I saw that the pegs on which you hang things in the passage were all empty, and I missed a jacket which I had put there at a little before 10 o'clock, when I went to bed—I called to my wife to know if she had taken it—I also missed three other articles which I had seen there when I went to bed, but I do not know what articles they were—I also missed two jackets and a waterproof cloak of my wife's, and my little boy's ulster coat—I next saw the coats at half-past 11 the same night at the police-station—they are produced in Court—these are the articles (produced); they are my property.
Cross-examined by the Prisoner Nicholson. I know nothing of you, I never saw you before—I saw one man only when I looked out at the window.
FRANK CHAPMAN . I am a member of the police force at Deal—on this Saturday night, 29th December, I saw two men in Alfred Square at a little after 11 o'clock—the two prisoners are the men—they were carrying a bag—I spoke to them and asked them what they had got in the bag—White had got the bag, and I asked him what he had got—he said "I have got nothing in the bag but what I am selling"—I told him it would not do, I must look and see what he had got, and asked him to put the bag down—he put it down, and Nicholson said something to White, and they both ran away immediately, but not in the same direction—one went to the south part and one to the north—I pursued White, but he got away from me, and I went back for the bag, and took it to the police-station—it contained the clothes produced—the prisoners appeared to me to be sober—shortly afterwards White was brought into the station by another officer—he is the man who I had seen before with the bag—I next saw Nicholson the following day, Saturday, at Sandwich—he is the man who was with White on the day previous—Sandwich is about six miles from where this happened—I spoke to him, and asked him whether he was at Deal last night—he gave me no answer.
Cross-examined by Nicholson. It was at a few minutes to 11 that I met you with the man—you both started together to run—I am sure you ran away—I saw you run—when you came into the station the superintendent asked you whether the bag was yours.
Nicholson. The superintendent had gone into his own house; he was not there.
Re-examined. This (produced) is the bag in which the clothes were.
ANN NICHOLAS . I am the wife of the prosecutor—I remember on Saturday night, 29th December, going to bed with my husband and children—I afterwards heard a noise downstairs, and my husband got up and went down—this waterproof cloak is my property—I had taken it off at 5 o'clock in the evening and hung it up on a peg behind the door—this boy's Ulster is my husband's property also.
HILDER BEN CAPPS . I am superintendent of police at Deal—I took White in custody, and next day went with the other policeman to Sandwich and took the prisoner Nicholson—he was brought from Sandwich and placed beside White, and I then charged both of them with burglariously entering 18, Beach Street, and stealing the articles produced—Nicholson said "I know nothing about them"—White made no answer—I showed Nicholson the bag—he said "That is my bag what I carry my hassocks in"—he also said that White was carrying it, and he said ''But I know nothing of what was inside it"—I had seen both the prisoner together on the Saturday morning the same day as the burglary.
Cross-examined by Nicholson. I do not know whether you make hassocks—I have got your licence, it is in your name.
By the COURT. It is a hawker's licence in the name of Nicholson, granted by Superintendent Davis of Canterbury.
By the Prisoner Nicholson. You pointed going to the station and said "There is where I got my licence"—you owned to the bag and said that it was yours.
the prisoner Nicholson—from information I received from the Deal police I arrested him on Sunday morning, 30th December—I charged him on suspicion of being concerned with another man in custody in Deal with entering a dwelling-house and stealing in it—I asked him if he had been at Deal lately—he said "Yes, I have just walked from Deal now"—I asked him where his mate was, that he was going about the town with, selling hassocks the previous day—he said that he believed he was in the hands of the police—he also said "I was walking through the street accompanied by my mate the previous night at a quarter before 11 o'clock; my mate was carrying my bag, which usually contains hassocks for sale, and one of the police at Deal stopped us and asked us what the bag contained, and White replied that it was articles which we sold, and the constable not being satisfied with it, asked to be allowed to examine the bag, and White put down the bag and immediately ran away"—Nicholson also said that he did not know what the bag contained—nothing more was said, but I communicated with the Deal police, and they fetched him the same evening.
Cross-examined by Nicholson, I know that you were hawking hassocks on the Friday.
Nicholson's Statement before the Magistrate."I am not guilty, and neither know the house nor yet the street where the house is. The prisoner White works for me and carries my things about while I hawk. The bag is the one that the hassocks are carried in. ''
The COURT considered that Nicholson's statement was consistent with his innocence, and that although his conduct was very suspicious the evidence did not go far enough, and he was therefore not called upon for his defence,
NICHOLSON— NOT GUILTY
Sentence on WHITE— Six Months' Imprisonment .
Before Robert Malcolm Kerr, Esq .
MR. PURCELL conducted the Prosecution.
GEORGE WELLS . I am a labourer, and live at 9, St. Albans Villas, Brockley—the prisoner slept with me—I had two sovereigns, two half-crowns, and a shilling in my purse, which I put underneath the bed—I went to bed and awoke at 6. 30 a. m.—the prisoner was there—I lay a little longer and woke up again—the prisoner was gone—I looked for my purse; it was gone—Mr. Aldridge was in the room when I awoke both, times—I lost my shirt as well—the prisoner was given into custody—he wore the shirt at the police-court.
Cross-examined. You told me you had my shirt before we went to bed.
By the COURT. The prisoner saw me take out my purse to pay for my bed and something else—there was no one else in the room besides the prisoner and Aldridge.
DANIEL ALDRIDGE . I am a labourer, and lodged with the prosecutor—on the 27th the prosecutor, the prisoner, and I went to bed together—the prisoner did not stop to breakfast the next morning—he usually did—he works with me—he did not come to work on the 28th—I gave information at the Hornsey Road police-station—I next saw the prisoner at Lewisham.
Cross-examined. I was not awake when you got up—I did not answer you—I have not been convicted for assaulting a lad.
GEORGE GODFREY (Policeman 232 Y). I received information from Aldridge on the 29th December—I found the prisoner on the 31st in a public-house in Holloway—I charged him with stealing 2s. 6d.—he denied It at first—on the road to the station he said "I have been lodging at Brockley. The man I was lodging with lent me his shirt that I am now wearing."
MR. C. MATHEWS conducted the Prosecution.
AUGUSTUS THOMAS FITZGERALD . I am a pensioned first-class engineer under the old Engineers' Act, and live at 4, Garden Row, Deptford—I went to market with my wife on Saturday evening, the 10th November, between 8 and 9 o'clock—we went into one or two public-houses, one of them being the Fountain, where I made some complaint of the beer—I saw the prisoner there—there was some hustling at the bar, and my wife said to the prisoner "Mind where you are pushing to, young man," and he made use of a very foul name and said he would smash her on the b—nose—I took my wife by the shoulders, seeing where we were, and pushed her out—we went on to the Bank, where the prisoner came up to us—I told him to go away as he was a blackguard, and we went across to the Castle—the prisoner followed us in—we had a pint of ale, and the prisoner ordered a glass of the same—he said he had come to apologise for insulting my wife—I said he had done so before at the Bank—he asked me if I would give him a glass of ale—there were two glasses of ale on the counter and I gave him one and told him to be off—he came back and asked me if I would give him something to take a bit of bread home to his wife and children—I said it was a poor place to be looking for bread where he came out of, and I gave him a two-shilling piece—as I drank my beer he said "You have got some beer or black on your moustache," and he rubbed me down with a handkerchief which he took from his pocket—my wife and I left the Castle—the prisoner followed us into King Street—he drew the handkerchief out again, and my wife said "He means no good; he means thieving," and she struck him off—he drew the handkerchief like that (across his face)—he went across the road—I went to my own doorstep and the prisoner was there as soon as I got there—on the way I felt a curious sensation coming over me, and my wife had to take my arm through the street—I felt a pain up my nostrils—I have been in India, and on two occasions have been under the influence of chloroform, and this was a similar sensation, a stupefaction—the prisoner said in a most threatening manner "Give me a couple of shillings"—my wife said "No, I will lock you up"—he said "You b—wh—," and he struck my wife and splintered two of her teeth—a scuffle ensued—he tore my coat open and my wife said "He is robbing you," and I said "My God, I am robbed," and I ran after him and caught him some 30 yards off—he caught hold of me and bent me over the railings and got fair away—I caught him again by the Fox public-house—another struggle ensued, and I offered 5s. to any one to fetch a policeman, but he got away—my wife had given me 2l. 10s. in gold, and some silver, on that night, which I had put in my waistcoat pocket—I had 7s. or 8s. in my pocket before, and I missed over 3l.—I went home and was very unwell, and remained so until the 20th November—I went out
with my wife a couple of times, but was just like a man rising from a fever—I went to the police-station and gave information, and on the 20th November I saw the prisoner in the Broadway, Deptford—he said "Good evening, sir"—I said "Good evening, you vagabond," and caught him by the sleeve of the coat—he said "I know all about your case, sir, I will take you to the party who robbed you"—I didn't feel prepared for a struggle with him—he wreuched himself away, and I next saw him in the custody of the police.
Cross-examined by the Prisoner. I don't know where you live—you gave four or five addresses—I don't recollect Mr. McPherson ordering me out of the public-house—I found fault with the ale—I did not throw it on the floor—I don't know the name of the party at the Castle who served me—he did not tell me a cup of tea would do me more good—I don't recollect going to Mr. McPherson's and saying I had lost an umbrella—I looked in several times to see if you were there—I did not afterwards meet you at Greenwich with a lot of cauliflowers; if I had I should have handed you over to the police.
Re-examined. The prisoner snatched an umbrella from me that night
By the JURY. I had a sunstroke in India some 10 or 12 years ago.
CATHERINE FITZGERALD . I am the prosecutor's wife, and was with him on the occasion in question—I had given him 2l. 10s. in gold and 8s. or 10s. in silver—we had been out marketing, and had only been in two public-houses—my husband followed the prisoner after he took the money, and caught him and offered 5s. to any one who would get a policeman—I afterwards saw him in custody of the police.
Cross-examined. You insulted me—I don't know anything about you—you and your wife did not afterwards come to our house, and I did not say to you "Don't wake my husband up;" that he was mad when in beer because he had had a sunstroke, and he had only lost an umbrella.
By the JURY. The prisoner put a red handkerchief to my husband's face a second time, and I struck his hand away—I have a bad eye from an accident on Tuesday night.
Prisoner. Four months ago she had a fearful face—she keeps a brothel. Witness. I am a respectable woman, and my husband is a respectable man—I know nothing of what he says; it is all false.
GEORGE SIMPSON . I live at 4, Garden Row, Deptford—hearing a noise on the evening of the 10th November I went out and saw the prisoner, he had the prosecutor by the throat, and the prosecutor made a complaint to me.
Cross-examined. I do not know anything about you and your coming round in the evening—I never spoke to you before.
JOHN NEWELL . I am potman at the Fox public-house, and heard a great disturbance outside and went out and saw the prosecutor and the prisoner scuffling together—the prosecutor's coat was torn, and he several times offered 5s. to any one who would fetch a policeman—he was sober, but excited by the struggle.
Cross-examined. I was discharged from the Dover Castle for fetching half-a-quartern of gin for one of the men—I was not sacked for dishonesty.
Prisoner. I have got a wife and four children. I work hard to keep them,
and my mother is paralyzed, and I keep the lot. Witness. I am sorry to say he does not—he has been convicted—he has a wife and four children.
Witness for the Defence.
JAMES MCPHERSON . The prosecutor came into my house and called for a pint of ale, which I served him with—I was called out and told that a man was going to throw a glass of ale in my daughter's face—I asked Fitzgerald what was the matter, and he said the ale was not bright, and I asked two young men in the bar if it was pretty good, and they said it was very good, and at the same moment the prisoner came into the bar and got talking to Mr. Fitzgerald about the ale, and I told them they had better get out of it, and I saw no more of them that night—on the following Thursday the prosecutor came in and asked me if I had seen anything of the man he had had a glass of ale with on Saturday night—I said no, I had not—he said "He has robbed me of my umbrella."
By the JURY. I know John Newell was discharged for taking some gin to another person.
Prisoner's Defence, I know no more of robbing this man than the dead in the graveyard. This woman is a prostitute, and I can bring 400 witnesses to prove it. Four months ago she had a dreadful face, both eyes and lip cut. I am being sworn to prison by these people.
GUILTY . He further PLEADED GUILTY** to a conviction for uttering counterfeit coin in May, 1872— Five Years Penal Servitude .
Before Mr. Justice Lopes.
JEMIMA HARTLEY . I am the prisoner's wife, and live with him at 14, Bloxam's Buildings, Denmark Hill—on Saturday afternoon, 22nd Dec., became home about half-past three—he had been drinking, but was not to say drunk—we had a few words because he would not give me his money as he usually did—he went out several times for a few minutes, and about 6 o'clock, after I had given the children something to eat, he jumped up and caught hold of me by the right arm, and shut the room door—I screamed out—my landlord came and pushed the door open—I struggled into the passage and outside the street door—he said "Come in, you silly woman"—I said "No, you have a knife"—I did not see the knife, but I thought he had one by the way he acted—he swung his right arm round four times, and the fourth time the knife went into my arm—he then went indoors—I stayed out in the front, holding on to the fence till the policeman came—it was only the one blow—the wound bled—I was attended by a doctor for three days.
Prisoner. I charge my wife with being unfaithful to me. Witness. Yes, but I have always been faithful to him; I told him I had not, because of what he said to me—I was obliged to tell him so, he would not let me have any peace; but I have been faithful to him ever since I have been his wife.
ANN COOPER . I am the wife of James Cooper, of Bloxam's Building Denmark Hill—the prisoner and his wife lodged in our house—on the Saturday before Christmas Day, about five or ten minutes past six I heard their door slam to, and Mrs. Hartley halloa out—I pushed the door open and saw them scuffling—the prisoner had got her by both arms—they tussled out into the passage—I tried to part them—we got to the street door—he said "Come in you silly thing, I am not going to hurt you"—she said "No, I am not coming in, it will be murder, you have a knife"—I did not see any knife—I said "Oh, Mrs. Hartley, don't talk like that," and I hung on his back to try and part them—they went on tustling for about five or six minutes, till they got to the garden gate; I then saw his arm swing about three or four times very heavily, as if he was going to do something, towards her right arm—I did not see anything in his hand—after that I heard her halloa out "Oh, he has stabbed me"—the prisoner then made his way into the house, he could not get out by the gate as it was crowded with people—she remained at the fence till the doctor was sent for—I saw her bleeding—she was taken indoors—the prisoner was not so drunk but that he knew what he was doing.
WILLIAM HEAD (Policeman P 484). I was fetched to the house—I found Mrs. Hartley in the garden bleeding profusely from the rightarm—I helped her indoors, and sent for the doctor—I found the prisoner sitting in a chair in the room—I told him I should take him into custody for attempting to murder his wife, who was fainting at the time—he said "Very well you must do your duty, I will go with you quietly"—he was sober; he had been drinking, but he was recovering from drink—as I took him to the station the crowd called out "Where is the knife, you murderer?"—he said "If they want the knife they will have to find it"—I went back to look for it—a woman in the court found it and gave it to me—this is it (produced)—there were stains of fresh blood upon it when it was given to me—it is a shoemaker's knife, not one that shuts.
GEORGE DUNLEVY (Police Sergeant P 21). I was on duty at the station when the prisoner was brought there—he made this statement, which I took down at the time, "If I swing the next minute I have had my revenge, and I have done it. She goaded me on to it. I know I have got to suffer for it. I would undo what I have done now if I had the chance. I know I shall have to suffer for it; if she is dead I shall have to die, and it was premeditated."
Prisoner. I know nothing at all of what he is speaking of—I deny about its being premeditated altogether—I don't know that I said any thing at all to him. Witness. Those are the words he used—I took them down as he made the statement—I am certain every word is correct—he said other things as well—I should say he had been drinking—he was not at all excited—I told him he would be charged with cutting and wounding his wife with intent to murder her—he said "Very well."
JEMIMA HARTLEY (Re-examined). The prisoner is a compositor—Mr. Cooper, our landlord, is a shoemaker—it was on the Tuesday night that I told the prisoner I had been unfaithful to him—he had worrited me to that extent that I was obliged to say so—I had no peace day or night—he said if I did not tell him he would knock it out of me—I lost my baby on 4th November, and he has carried this on ever since—he said the baby did not belong to him, nor the other two children—no conversation took place about it alter the Tuesday—he was quite quiet
for a day or two after—I have never had anything to do with any other man since I have been his wife, and the man he accuses me of I have not seen for nine years.
EDWARD PINDAR . I am a surgeon at Camberwell—on 22nd December I was called to see the prosecutrix—I found her bleeding profusely from the arm, a small artery had been severed; the wound was a long incised one, but not deep, the knife seems to have glanced off so that it did not wound the larger arteries—such a knife as this would probably produce the wound—I attended her for three or four days—I never thought the wound dangerous—considerable violence must have been used to cause it—I saw the prisoner at the station—he had evidently been drinking deeply—he seemed sensible enough.
The Prisoner's Statement before the Magistrate. "I was in a state of delirium, and don't remember anything about it. I had been so for five or six weeks."
The Prisoner in his defence asserted that in consequence of his wife confessing the fact of being unfaithful to him he took to drinking for five or six weeks, and was not aware of what he was doing.
GUILTY of unlawfully wounding. Strongly recommended to mercy by the Jury — Three Months' Imprisonment .
Before Lord Chief Justice Coleridge.
MR. POLAND conducted the Prosecution.
The Prisoner, being a Swede, and having no Counsel, the evidence was interpreted to him.
ANDREW WILSON . I am working for a ship chandler, and live at 28, Fauston Place, Rotherhithe—I am a Norwegian—on Monday night, l7th September, I was at the Black Horse public-house, Rotherhithe—I went in about 11 by myself—the prisoner came in after me with two of his mates—the prisoner asked the barmaid for a pot of beer—she served him with it, and asked them in Norwegian, in the best way she could, to go in and sit down—Reeves, who was sitting by my side, said "Andrew, you can speak Norwegian to them, tell them to please go in and sit down"—I got up and spoke to them in Norwegian to please go in and sit down—the prisoner got angry—he said he did not care for English or French, Norwegian or Swede, he could talk all sorts of language—he said that in English—one word brought on another—he said he had been to China and round the world—I questioned him as to what part of China—he said he had been to Hong Kong and Shanghai—I asked him if he had been to any more places in China—he said he had not—I told him I had been to more places round the coast of China—he got angry and challenged me out to fight—I said I would not fight—he asked me five or six times over to go out and fight with him—at last he went out and I went out just behind him—just as I stepped off the kerb Brown, who was standing behind me, said "Andrew, look out, he has got a big knife in his hand"—shortly after I stepped off the kerb out into the middle of the road the prisoner stabbed me at the side of the temple, and I fell right across the kerb—that is the last I recollect—I had not struck the prisoner—no blow was struck before he stabbed me—I
did not see the knife—I was taken into the house and a surgeon attended to me—the prisoner had been in the public-house about half an hour before he went out—I was sober, but the prisoner was not exactly sober—he had a little drop in, but not out of the way—he spoke very good English, and appeared to understand it.
By the JURY. There was no show of fight between us before we went outside—I did not square my fists at him.
JOHN BROWN . On 17th September I was potman and waiter at the Black Horse—I saw the prisoner at the bar there with two others—as I came out of the parlour he was making a bit of disturbance, talking in his foreign language to Wilson, and he challenged him out to fight—I did not hear what for—the prisoner went out first and called Wilson out three or four times to fight—Wilson followed him out afterwards—I went against the door and said to Wilson "Andrew, look out, he has got a knife"—I saw him raise the knife and make a stab at him and then run away—I saw that the blow struck Wilson; he was then on the other side of the road, about 15 yards from the house—I was standing at the door—I did not see the effect of the blow upon Wilson—I ran after the prisoner—he was about 40 yards from the house when I ran up to him—he was on his knees—I did not see how he got there—I tried to capture him—he had got the knife in his hand, and he struck me this way (backwards)—I did not see the knife, but I was wounded on the left side—I felt the blood running down my trousers—I was assisted into the house, and a surgeon was sent for—I did not see what became of the prisoner—I did not strike him at all or see him struck—I was taken to the hospital that night, and remained there till the last day of the year—I was sober—I did not notice whether the prisoner was; he seemed so to me.
WILLIAM REEVES . I am a watchman, and live at 1, Randall's Rents, Rotherhithe—on the night of 17th September I was at the Black Horse—I saw the prisoner there and Wilson—the prisoner and his mates called for a pot of beer—the barmaid served them, and asked them to sit down—I told Wilson to speak to them in Norwegian, which he did—they said they did not want any foreign language—they all spoke in English—some more words passed, and the prisoner challenged Wilson to fight three or four times—Wilson did not seem inclined to go, and the prisoner kept on beckoning him, saying "Come on, come on"—he then went out and Wilson followed him—the prisoner had his right hand under his coat where they carry their knives—I did not see any knife—I did not see what occurred when they went out—I heard Brown say "Take care, Andrew, he has got a knife"—the prisoner appeared to me to be perfectly sober—I noticed when he came in that his left eye was very black, as if it had been done two or three days.
SAMUEL CARPENTER . I keep the Waterman's 'Arms beerhouse—on l7th September I went into the Black Horse about a quarter to 12—I saw the prisoner there, and heard him and Wilson talking rather loudly in a foreign language which I did not understand—I did not see them go out—I was in a private bar—I afterwards went out and saw them outside—I saw Wilson leaning against the wall, and the prisoner flourishing his hand about—the blood was spurting out of Wilson's head—the prisoner was still making blows at him, and Wilson was warding them off as well as he could with his hands—I think he was pretty well insensible at that time—he was not above seven or eight yards from the public-house
across the road—I saw Brown come out at the door—the prisoner ran away—Brown followed, and caught him 10 or 12 yards off or more, and I saw them having a tussle together—Brown fell down and said "I am stabbed!" and the prisoner ran away again—two or three people came up and led Brown indoors—I did not see the prisoner stopped—he was already on the ground when I got up to him—the constable had him on the ground, and they were having a tussle to get the knife from him—I turned him over and found he had the sheath, but no knife in it—I believe he had it in his hand though I did not see it—I saw it afterwards in the constable's possession—I was out on my clothes, but I don't think that was done intentionally—it was while we were tussling on the ground—I hold his hand while the constable took the knife from him, but it was so dark I could not see whether he did it or not—I received a plunge in two places in my waistcoat—it did not injure me, I think my watch saved me.
CALEB TILLEY (Policeman R). On Monday night, 17th September, I was in Derrick Street—I heard cries of "Murder!" and "Police!"—I immediately went to the spot and found the prisoner on the ground and about 20 people standing round him—he had got this knife in his right hand—several people had hold of him—I took the knife from his hand—he began struggling, and I dropped the knife—he got up and walked quietly to the Black Horse, and afterwards I took him to the station—I there took this sheath from him—he was wearing it round his waist—it was empty—the knife was afterwards brought in and given to me—I saw Brown and Wilson at the Black Horse—when I first went up and saw the prisoner on the ground he said he had no knife, he had left it on board ship—he seemed very much excited—I think he had been drinking, but I could hardly tell whether it was excitement or drink—he seemed to be under the influence of drink—he was charged at the station with wounding Brown with intent to murder, and cutting Wilson—the charge was read over to him, and he said that they knocked him about so that he drew the knife to defend himself; to clear his way—he said he had been kicked; that was why he took out the knife, because they kicked him about so—that was all he said.
BENJAMIN BROWNING . I am a surgeon, of Union Road, Rotherhithe—on the night of 17th September I was sent for to the Rotherhithe police-station—I there saw Brown and Wilson, Brown first—he had been brought there in a cart—he was in a very exhausted condition from the effects of a stab in the abdomen—there was not much blood from that wound, but at intervals from the mouth—he appeared to be dying, and I therefore requested the inspector to take his deposition, I thought the case so serious—I attended to him at the station, and accompanied him to Guy's Hospital, expecting that he would die on the road—I visited him there during the next three months four or five times—the wound was a punctured one, just below the breastbone; it had gone upwards and somewhat outwards, and from the symptoms which I observed subseqnently in the hospital it must have injured the small intestines, penetrated the diaphragm, and wounded the liver and lungs—the wound must have been between four and five inches in depth—in dressing the wound I had occasion to pass my finger into it, and my left forefinger went easily the whole length—it was just such a wound as I should expect a knife of this description to make—considerable force must have
been used to penetrate to that extent; it is a pointed knife—I examined Wilson also at the station—he was suffering from an incised wound on the left temple about three inches in length—it had divided a portion of the temporal artery—it was such a wound as might have been inflicted by such a knife as this—there were only marks of one wound on Wilson—he was not sent to the hospital—I attended to him myself.
JOHN MACKERN . I was house surgeon at Guy's Hospital—I first saw Brown on 1st November in my official capacity—he had been in the hospital for some time—he remained there till 31st December—during the time he was there his life was in great danger—he was confined to his bed until a week or 10 days before he left—I have heard Mr. Browning's description of the wound—I concur with him in every particular.
Prisoner's Defence (interpreted). I have not got much to say, only I had been very much illused, and I defended myself in the best way I could. I am very sorry I stabbed the two men. I was very much illused by the crowd. I did it in my own defence. I did not know what I was doing at the time, there were so many people round me. I am very sorry for it.
GUILTY on the First Count — Fifteen Years' Penal Servitude .
The Court awarded the sum of 10l. to the witness Brown for his courageos conduct.
Before Mr. Justice Lopes.
MR. PURCELL conducted the Prosecution; and MR. LILLY the Defence.
ELIZABETH MOORE . I am the prisoner's daughter, and live at Adelaide Place, Peckham—I went out on Boxing Day at 6 p. m., leaving my father and mother at home, both in drink—I returned at 9 or 10 o'clock—my mother was in bed with her forehead plastered up with sticking-plaster—she made no complaint—she was asleep—my father came in after—he made no remark—next day, Friday, my father and mother went out together, and on Saturday she became ill at 10 o'clock—she woke my father and asked him to give her some water—she became worse, and died at 10 minutes to 10 that night.
Cross-examined. I am 16 or 17 years old—my father and mother usually lived on good terms, but when mother was drunk she quarrelled with father—she often got too much drink—I never saw him strike her unless she struck him first—she often took up the poker and hit him, but he only returned it with his hand, he never struck her with anything else, and that lightly—she had been ailing before this, and went to Mr. Howell a month before Christmas—she had been suffering from erysipelas in her head, but she had not taken medicine—she said she did not want medicine for that, besides it was never much—she did not consult a doctor about that, she consulted him for her nerves—she only suffered from erysipelas the week before.
JOHN VINE . I am a student at the Providence Dispensary—on 29th December, at 4 p.m., I was fetched to Adelaide Place, and saw the deceased in bed—she was suffering from erysipelas in the face, and had a contused wound on the scalp, of two or three days' standing—it had been strapped up—I prescribed a lotion for her and called next day and found she was dead—I was present at the post-mortem examination—the cause of death was extravasation of blood on the brain; caused by a blow or a fall
Cross-examined. I had visited her some months before for spasms and indigestion, but saw no symptoms of erysipelas—her death may have arisen from erysipelas.
By the COURT. In my opinion that was not the cause; it was extravasation of blood on the brain—I do not think the erysipelas would have been sufficient to account for death if there had been no blow—I regard the erysipelas as the result of the injury.
JOHN BORLETH BEVAN . I am a surgeon, of Eye Lane, Peckham—I made a post-mortem examination of the deceased on January 2, and found a contused wound, about half an inch long, which went through the scalp; it may have been a quarter of an inch deep—in my opinion the cause of death was extravasation of blood and rupture of a bloodvessel on the meninges of the brain, from a blow or a fall—it could not have been done with a fist, but it might have been done by falling against a mantelpiece or a fender—I saw symptoms of erysipelas, and being a very unhealthy subject that was a secondary matter—there was nothing to induce me to think that erysipelas had existed before the blow.
Cross-examined. I had never seen her before—there was no fracture of the skull, and no depression of the brain.
JAMES WOODMAN . I am coroner's officer for Camberwell—on Sunday, 30th December, the prisoner came to my house—I asked him what he came about, and he made a statement, which I took down in writing—he said "We were at home; we had been drinking all the week and had some words together, and I struck her and inflicted the wound on her forehead; she went out and got it dressed and came home again; late in the evening she laid herself down with her clothes on; she got up again on the morning of Friday, 28th December, about 1 or 2; we went out together again into a public-house, and about 6 or 7 we returned home and had some tea and went to bed together. About 10 o'clock she woke me up saying that she wanted some water to bathe her head with; I gave her some and she used it; I then got up and sat with her till half-past 5 in the morning. I then went to work and called my daughter up, Elizabeth Moore, and left her in her charge. At 9. 30 the same morning I told my daughter to fetch Mr. Vine, the doctor. She went, but he did not come till 4 o'clock, and when he came he prescribed for her, and she died at 10 minutes to 10 on Saturday night. She was a great drunkard and a quarrelsome woman."
Cross-examined. I said nothing to induce him to make that statement—he seemed strange, but I suppose it was as much from intoxication as anything else—I had not known her at all.
CHARLES STEVENS (Detective P). On 6th January I went to the prisoner's house and said "From inquiries I have made I shall be compelled to take you in custody for causing the death of your wife on the 29th"—he said "It is a bad job"—on the way to the station we met the coroner's officer and the prisoner said "I will tell you what I told Mr. Woodman, but if I struck her I was so drunk I did not know what I was doing; someone told me they never saw me so drunk before, and I do not know what I struck her with."
Cross-examined. I had seen him before at work, he always seemed to me to be a quiet industrious man—I never saw him intoxicated—he has always been at work when I saw him.
The Prisoner's Statement before the Magistrate. "All I with to say it that I know nothing about it."
JOHN BORLETH BEVAN (Re-examined by MR. LILLY). A fall or a blow while in a state of intoxication would not produce more serious results than in a healthy subject—when a person is intoxicated the vessels of the head are congested very much, and a blow at that time would be more likely to produce serious consequences than at any other time. NOT GUILTY
MR. REED and MR. WAITE conducted the Prosecution; MR. SAFFORD appeared for Robert Carnaby; MR. BRINDLEY for William Carnaby; and MR. GRAIN for Whitbread.
ELIZABETH MARY SMY . I live at 8, Miller's Lane, Lambeth—the deceased was my husband—we lived at 8, Burley Road, Vauxhall, at this time—Mrs. Barnes lived in the house, and both the Carnabys slept there—on 10th November Mrs. Barnes went out on an errand with me—I left my husband at home with the baby—when I came home Mr. Whitbread, the landlord, was in the passage, and his wife came out after he first abused us—she followed us upstairs—Mr. Whitbread said did we want to break his b—lock—he and his wife both spat in our faces, in my face and Mrs. Barnes's—we went into the room and were making our way into Mrs. Barnes's room when Mrs. Whitbread called out to the two Carnabys as they came in at the street-door, "Come up here and give it to the b——s; murder them"—Mrs. Barnes had gone into her room and shut the door, and it was busted open—the table was overturned and the lamp knocked off it, and it went out, and they made their way towards the fireplace—I could see because the fire was blazing—Robert Carnaby took the poker and waved it about, and as my husband was making his way out it struck him across the back of his head—he had been sitting in Mrs. Barnes's room with the baby—William Carnaby came in at the same time—Mr. Whitbread handed him a poker, and after my husband had had the first blow he struck him across the knuckles with it as he was holding his head with his hands from the blow—I took him to the hospital and he died on December 5.
Cross-examined by MR. GRAIN. I had not been at a public-house that night with MRs. Barnes—she fetched in one quart of beer with the grocery, and I came in with her—we only made a noise with the door-key, we had great difficulty in opening it—Mr. Whitbread did not say that we were pushing the door about, nor did I say "We are not breaking your b—y door"—we walked straight upstairs, and Mrs. Whitbread followed us immediately—she was jawing at somebody, I did not know who, but Mr. Whitbread was jawing at us because the door would not open with Mrs. Barnes's key—I was perfectly sober—Mrs. Whitbread spat in my face at Mrs. Barnes's door—I swear that—I said that Mr. and Mrs. Whitbread spat in our faces—one spat in my face and one in Mrs. Barnes's face—after my examination before the Magistrate I did not say in passing Mrs. Whitbread "I have made it hot for you, you b——s"—I never had the thoughts in my head—I made no charge at the station against either of the Whitbreads—I said nothing to any official at the station about Mrs. Whitbread handing a poker to one of the Carnabys or of her having spat in my face or followed us upstairs, or about jawing—Mr. Whitbread was discharged by the Magistrate—Robert
Carnaby took the poker out of the fire, but I did not see him hand it to Mrs. Whitbread—there were two pokers—I do not know whether Mrs. Whitbread had a poker when she followed us upstairs—I was too anxious to get hold of my baby—I could not see what she had behind her when she spat in my face—I did not say before the Magistrate "I saw her take it up from Camaby's room," for I never was in Carnaby's room, and did know that they had one—I do not remember saying a word about a poker being fetched—I was so cross-examined before the Magistrate that I was quite put out—I will now state that what I said before the Magistrate about the poker did not take place—I am not prepared to say that Mrs. Whitbread had any instrument in her hand.
Cross-examined by MR. SAFFORD. I saw that gentleman (a solicitor) appearing for two prisoners at the police-court, and Mr. Fullagar for the other prisoner—when I was asked at the station who struck the blow, I did not say, "I cannot be positive, because the lamp was broken and we were all in darkness"—Robert Carnaby was dismissed that night from the station—I said in the presence of Joseph Helson, the acting sergeant, "I was so frightened I caught my baby and ran upstairs and over the leads and on to the top of No. 6"—Helson asked whether I saw by whom my husband was assaulted—I did not say "I did not; it was so dark, and I was so frightened;" I said that Robert was the man who struck my husband—Robert Carnaby was not charged on the same night, he made his way out of the house—I did not take out a summons till the Thursday following, and it was made returnable for the Friday following that—I appeared, but the men were not there to answer, and it was adjourned again till Thursday week—I was perfectly sober, and so was my husband—my husband was silly when he went to the station—there were in Mrs. Barnes's room herself, her daughter Mrs. Costello, Mr. and Mrs. Whitbread, and the baby—I said before the Magistrate "Robert Carnaby took the poker out of the fire red-hot and hit my husband across the head with it"—it must have been very hot, it was there some time, and it must have been red-hot—that was the poker he hit my husband across the head with—I did not say "William Carnaby had a poker red-hot which was given to him by Mr. Whitbread"—it was Robert Carnaby who took the poker out of the fire—the red-hot poker was the one Robert Carnaby had—I saw two pokers; Mrs. Whitbread handed William one, but I am not prepared to say so—there was a jug there; it was broken—Costello jumped out at the window.
Cross-examined by MR. BRINDLEY. Mrs. Barnes was sober—I never had any conversation with Burden, No. 111—I did not say to him "I cannot be positive who struck the blow, because the lamp was broken, and we were all in darkness"—there was light from the fire, and there is a gas-lamp opposite the window of No. 8, not a very great way off; it faces the window—there are two windows to the room—there was a big fire—I know of no complaint about an injury to my husband's hand by William striking him—I am not prepared to say that William had a poker in his hand at all—I said before the Magistrate that he had, as far as I could see.
Re-examined. I first saw a poker when Robert Carnaby struck him on the head—I saw Robert Carnaby with the poker—I did not see William Carnaby strike my husband the second blow across the knuckles—I was in a confused state; I had my baby in its night-clothes.
JOHN CLENCH (Policeman L 113). I was called to 8, Bernard Street, between 12 and 1 o'clock, and saw a man hanging out at the first-floor window, who I since find was Costello—Mr. Whitbread, the landlord, opened the door, and I went up to the first-floor, which was in confusion and darkness—the table was shoved on one side but upright—I saw no lamp—I saw Smy with blood on the back part of his head—he charged Robert Carnaby, but nobody else—I took him to the station, where the deceased said that he did not think it was Robert but his brother.
Cross-examined by MR. GRAIN. Mrs. Whitbread was there too—nothing was said to me about a hot poker being fetched out of the room by Mrs. Whitbread.
Cross-examined by MR. SAFFORD. Smy had been drinking, and Mrs. Smy also—I should think she had had more than one glass from the manner of her going on—she seemed wild—at that time her husband had received a serious blow—she did not speak; that might be accounted for by her fright—she smelt of beer—she was called into the station, and asked by the sergeant if she knew who struck the blow—she said she was not positive who it was, as the room was in darkness and there were several there—there was very small light in the room, not enough to distinguish anything—it came from a bit of fire, and a small light from the window—if I had not had my lamp with me I could not have seen what I did—one night after this I was called to protect Robert Carnaby, and I saw him home to his house.
Cross-examined by MR. BRINDLEY. William was in the house when I got there, but no charge was made against him—no charge was preferred against him before the Coroner—he was out on bail without sureties, to come up and meet the charge.
Re-examined. Mrs. Smy appeared very excitable, whether from the influence of drink or not I cannot say.
WILLIAM BLUNSDEN (Policeman L 111). I went to this room, turned my lamp on and found the table turned on its side, and the room in great confusion—there was no lamp in the room, and a very small fire, not enough to distinguish anything—Mrs. Smy said nothing in the house, but at the station she said "I cannot be positive, because the lamp was broken and we were all in darkness"—Mr. Whitbread accompanied the prisoners to the station.
Cross-examined by MR. SAFFORD. Smy said at the station, '' I do not think it was him; I think it was his brother."
MARIA BARNES . I am the wife of a railway constable—on this Saturday night I returned home with Mrs. Smy, and when I opened the door Mr. Whitbread accosted me and said that he did not want his locks broken for the likes of me—he and his wife followed us to the stairs, and when I got to my room door she spat in my face and called me out of my name—I did not see her spit in Mrs. Smy's face too—we shut the door, and she was outside on the landing calling us names—she said that she would call two men to force the way into my room, and said, "Come here, and let the b——s have it"—the door was forced open by the two Carnabys and herself, and I was knocked down backwards—I fell, and took the skin off my arm—the table went over, and the two men and the woman rushed in together—the next thing I saw was the cotton of my lamp burning on the carpet—I rushed out of the room as quick as I could—I saw a bar or something of the kind in Robert's hand—he was
brandishing it about—I did not see it strike anybody, as I ran out—when I returned I saw Smy's head bleeding, and saw blood against the wall and in the hand-basin—I also saw a poker, but I have never seen it since.
Cross-examined by MR. GRAIN. I did not go out with Mrs. Smy to get beer—I came in with a jug of beer, and was let in by Mr. Whitbread—Mrs. Smy made a noise in attempting to open the door, as there was some difficulty, and he complained of her making a noise—I told him we did not wish to break his lock, nor yet his door—no words passed between either of us and Carnaby's wife—I never heard her say, "Here is my protector now"—I did not speak to her before the row commenced, I swear that—I never spoke to Carnaby in my life—Mr. Whitbread did not spit in my face or in any one's face, as far as I saw—the three prisoners rushed in when I was knocked down—Mr. Whitbread did not come into the room—he did nothing beyond coming up to see what the noise was about—Mrs. Whitbread helped to force my door open—I did not see her do anything else, but she said, "Now let them have it."
Cross-examined by MR. SAFFORD. There was not sufficient light to see what took place—when I picked myself up I saw Robert with something in his hand, and made for the door and got out.
Cross-examined by MR. BRINDLEY. There was no quarrel with the Carnabys.
JOHN COSTELLO . I am a gasfitter, of 31, Wood Street, Westminster—on 10th November I went to my mother-in-law, Mrs. Barnes, and when she and Mrs. Smy came in I heard a jawing on the stairs, went to the door to see what was the matter, and heard Mrs. Whitbread, who was on the landing, say, "Give it to the b——s," and two men rushed into the room; one knocked me down into the fireplace, and the other went over to Mr. Smy, who was sitting by the fire with the baby in his arms; with a bit of sheet-iron in his hand—I did not see him struck because I was knocked down—the table was turned over—Williams fell on the top of me, and my wife pulled him off me, and he went to the door—I afterwards saw blood on the back of Smy's head—he made his way to the door—I did not notice anything in Williams's hand.
Cross-examined by MR. GRAIN. I can swear it was Mrs. Whitbread who said "Give it to the b——s," I know by her voice—I did not say at the police-court "They did not come up and try to force open the door—no one put their backs against the door to keep it shut"—this is my signature to this deposition—it was read over to me before I signed it—I told the Magistrate that the men did come up and force open the door—I said that they burst open the door—I did not say anything about putting their backs against it—I mean Robert and William—Mrs. Carnaby was not there—I only heard one woman's voice—my door was shut—I heard a jawing, but could not say what it was—I saw a bit of short iron in Robert's hand.
Cross-examined by MR. SAFFORD. That was when they rushed into the room—I am certain of that—I saw no red-hot poker.
Cross-examined by MR. BRINDLRY. I did not look to see whether the door was injured—it was busted open—I was not hurt, but I had a couple of grazes on the side of my face from falling—he knocked me over a chair, and came on top of me—the jug was not thrown at any one, or thrown across the room—it was not picked up broken on the landing.
stairs, went to the door, opened it, and saw Mrs. Whitbread and her husband—my mother and Mrs. Smy were coming in—I saw Mrs. Whitbread spit in my mother's face—we then came in and shut the door, and we had hardly had time to cross the room when in came two men and
Mrs. Whitbread, who said "Give it to the b——s," and put us all in darkness, and William Carnaby knocked my husband into the fireplace, and Robert made his way towards Mr. Smy with something in his hand, which looked like a poker, and in a minute afterwards, when we got a light, he was bleeding—he fell over my husband, and I pulled him off.
Cross-examined by MR. SAFFORD. On 10th November I was acting-inspector at Kennington Lane—the deceased came there with Robert Carnaby—the charge was preferred before me, and I had the witnesses in one at a time—I asked Smy to explain how he got the injury on his head—he pointed to Robert Carnaby and said "That man's brother did it with a poker"—I asked him if he complained of any other assault—he said "No"—I told him I could not detain the accused on that statement—at that time Robert Carnaby was the only man there—I asked Mrs. Smy if she could tell me how her husband came by his injuries—she said that she could not, it was dark, and she was so frightened that she took her baby and ran over the houses and down No. 6—eight witnesses I think were examined before me, and among them those who have been examined to-day—none of them could say that they saw a blow struck; and therefore Robert was discharged.
By MR. REED. I heard no more of the case for some time, and afterwards Robert disappeared.
ROBERT HIGGINS LLOYD . I am medical superintendent of Lambeth Infirmary—on 13th November the deceased was brought in with a wound on the back of his head about an inch and a half long, which might have been inflicted ten days or a fortnight before by a blow or a fall—it gave rise to diffuse inflammation of the membranes of the brain and to pycemia (blood-poisoning)—it must have been a violent blow—I made a post-mortem examination—all the organs except the lungs, which were, studded with. pyama, were healthy, and the disease in the lungs was caused by the blow.
Cross-examined by MR. SAFFORD. I said at the police-court that the wound might have been caused by this jug (produced), but I explained that I could not say how it struck the deceased—it is possible that the blow might be caused by a blow on the fender.
The COURT considered that there was no evidence against WILLLIAM CARNABY and WHITBREAD— NOT GUILTY . ROBERT CARNABY— GUILTY — Six Months' Imprisonment .
Before Mr. Common Serjeant.
MR. GILL conducted the Prosecution.
EMMA BALSAM . I am the wife of George Smith Balsam, and live at 28, Mount Ephraim, Tonbridge Wells—on 24th May last I went to Mr. Sharman's shop at 26, Blaekman Street, Borough—I saw the prisoners in the shop—Merritt sold me a mantle for 4 1/2 guineas—I left 4s. 6d. with one
of the prisoners, and arranged that the mantle should be sent to Tunbridge—I saw my husband write a letter on 3rd June. (This said "Please send the mantle Mrs. B. selected.") I sent a P.0.0. for 4l. 10s.—on 8th June I got an acknowledgment, and received the mantle afterwards.
WILLIAM SHARMAN . I carry on business amongst other places at 26, Blackman Street, Borough, under the style of S. Williams—the prisoners were salesmen in my employment—I discharged Merritt early in last December, and afterwards Sheppard—their duty was to bring the money to me every evening, and in no case to hold it over—there would be an entry in the day-book of money received during the day—there is no entry of 4l. 10s. on 11th June—that money has not been accounted for—a P.0.0. should be entered in as cash, and brought to me—the "S. Williams" on this order is Merritt's writing—he had no right to sign it—some letters were found in the prisoner's desk.
Cross-examined by Merritt. Sheppard acted as cashier—the cash was locked up, but you had access to it—there was very little difference in your positions—I paid Sheppard 2l. a week because he was a little more responsible—he was not manager—when you served a customer you took the cash, and should hand it to me at the end of the day—you would know what cash you took because of your commission.
GEORGE BISHOP . I live at 22, Blackman Street, and am landlord of the Flying Horse—I cashed this P.0.0. for Merritt about 5 p.m. one day in December—I did it to oblige Mr. Sharman, because the money order office was closed—it was signed—I afterwards got from Merritt the name of the sender.
Cross-examined by Merritt. I did not see you sign it on my counter—I gave you pen and ink to supply the sender's name.
GEORGE HORNSBY (Policeman 6 M). I took the prisoners into custody for forging the name of "S. Williams" to a P.0.0. for 4l. 10s., and embezzling various sums of money—Merritt said "I have done my duty to Mr. Sharman; I know nothing about it"—Mr. Sharman then came and repeated my statement, and Merritt said "I knew this morning this was coming, and if I was guilty why did I not go away? I stood my ground; Sheppard was a bad man to try and bring me into this. I did not know Sheppard was in custody till last night, when one of Spurgeon's men told me."
The Prisoner Merritt called
GRANT SHEPPARD . (The Prisoner.) I was a salesman with you—I did not send you with the order to get change—you gave me 2l. 10s. out of the order, but not the 4l. 10s.—I opened the letter, and put the order in the desk—I do not remember whether we wanted change or not—you had access to the desk—I kept the key—Mr. Sharman blamed me for not keeping it locked.
Cross-examined by MR. GILL. Merritt signed the order.
Merritt. I signed the order in the landlord's presence; I was ignorant of committing any crime; I gave up the 4l. 10s. to the manager; I know no more about it.
MERRITT— GUILTY. Judgment Respited.
Before Mr. Common Serjeant.
Years' Penal Servitude .
MR. CRAUFURD conducted the Prosecution.
HARRIET WISE . My husband keeps the Cherry Tree public-house, Bermondsey—on December 7 I served the prisoner with half an ounce of tobacco, between 11 p.m. and 11.30—he put down this bad florin and my husband gave him in custody—he said that he did not know it was bad—he had given me a bad shilling on December 4, for one pennyworth of tobacco—I bent it and returned it to him, and he paid me with a good shilling—he trembled very much when I gave the coin back to him—I recognised him. on the 7th before he laid down the money.
Cross-examined I recognise you by the mark under your eye—you said each time that you knew where you took the coin, and would take it back.
JOHN HOLLATT (Policeman M 49). I took the prisoner and told him the charge—he said that he would take me to the house where he got the bad florin in change for a half-sovereign—he had a good half-crown in his hand.
Cross-examined. I did not go to the house, because you did not know where it was.
Prisoner's Defence. I do not know the sign of the house where I changed the half-sovereign. I could have gone there, but if the policeman had gone without me they would not have known him. I am innocent
GUILTY . He was further charged with a previous conviction of felony at Clerkenwell in March, 1876, to which he PLEADED GUILTY**— Twelve Months' Imprisonment .
GEORGE QUINNELL . I am a cab-driver, of 75, King's Road, Peckham—on the night of January 1 I was in Southwark Street, and left my cab for a quarter of a minute with my whip on it—when I returned my whip was gone—I said something to Burton, and we each ran in different directions—I afterwards saw the prisoner in custody, and Burton produced my whip, broken.
WILLIAM BURTON . I am a cab-driver, of 3, Bronte Place, Walworth—I was on the stand, and when Quinnell left his cab I saw his whip in the socket—when he returned it was gone—I ran about 200 yards and saw the prisoner with a whip—I said "We have caught you; you will have to return to the owner of the whip, and he can deal with you as he thinks proper"—he said that he would not, and tried to throw me down, we both fell, and the whip got broken—I took him back with assistance.
Cross-examined. You did not say that you would go to the station with me—12 whips have been lost in less than a week, and rugs and capes also.
Prisoner's Defence. I saw the whip in the gutter and picked it up, and
while I was looking at it two or three cabbies came up. I said "If it is yours you shall have it, it don't belong to me." They knocked my hat off and knocked the crown out of it.
GUILTY — Three Months' Imprisonment. There was another indictment against the Prisoner.
223. WILLIAM SMITH (11), FREDERICK NECKLESS (11), FREDERICK JACKSON (11). and MARY ANN DANIELS (39) , Stealing five pairs of trousers, the goods of Edward Grove and others, to which SMITH, NECKLESS, and JACKSON PLEADED GUILTY .
MESSRS. STRAIGHT and GILL conducted the Prosecution; and MR. M. WILLIAMS defended Daniels.
HENRY CLEMOW . I am manager to Edward Groves and others, clothiers, of Lower Marsh, Lambeth—on Wednesday, 6th December, about 6.45, I caused to be placed in a cart a bundle containing five pairs of boys' cord trousers—I received information that they had disappeared—I have identified one pair by our mark.
FREDERICK JACKSON . (The Prisoner). I live at 45, Duke Street, Westminster—my father and mother are alive—on a Wednesday night in December I was with Smith, Neckless, and Miller, at the corner of Robert Street, where I took five pairs of cord trousers from a van, and about a quarter-past; seven I took three pair to Mrs. Daniels, 36, Isabella Street—Herbert told me where she lived—there is no shop, I knocked at the door, Mrs. Daniels answered it, and I said "Mrs. Daniels, do you want to buy three pairs of trousers?"(Neckless was a little way down the street)—she said "How much do you want?"—I said "3s."—she said "I will give you half-a-crown"—I said "Yes"—she gave me a florin and said she would give me another sixpence to-morrow night—I was in the passage by the side of the front room door, which was open—I was talking to her about five minutes—I had never spoken to her before—she did not ask who I was, or where I came from—I saw a man in an Ulster in the front room, who I have seen since at the police-court—he is the brother-in-law, Moses Daniels—I did not speak to him, or he to me—I then went back to Neckless, and then to the theatre—I went to the Board school next day, and was taken there by a policeman.
Cross-examined. I sold three pairs X, and Smith had one pair and Miller one pair—I did not see where the money came from that was given me for the trousers—I saw a man sitting on a chair—the other boy could not see inside the house, I was there alone—Nichols went with me to the theatre about 7.30—I gave Neckless 1s, of the florin and kept 1s. myself—I preferred the money to the trousers—the other boys had the trousers.
CHARLES HERBERT . I live with my father and mother at Charles Street, Oakley Street—I know Smith, Jackson, and Neckless—I saw them one Wednesday night when they had got five pairs of cord trousers, but I did not speak to them that night nor did they speak to me—I know Mrs. Daniels, she lived in the same street.
MOSES DANIELS . I am a professional, and live at 5, King Street, Leyton—I am brother-in-law to the prisoner Daniels—I heard some one at the door one evening, but do not know the date, and when I was leaving, my sister-in-law made me a present of three pairs of trousers—they might be men's trousers by the size—I could not get into these
trousers (produced), and they were similar to these in size—I took to Leyton and kept them till next day, when I heard that my sister-in-law was in trouble, and that they were stolen, and I threw them away in the street in Leyton about 7 O'clock.
Cross-examined. I said before the Magistrate that I had not seen any trousers that night; I thought that would screen my sister—it was not to screen myself—I did not pay for them, I swear that—I lent my sister half-a-crown that night in the parlour—the parlour opens upon the passage—I did not see a boy there—I swear I had not an Ulster on; I have not got such a thing—I lent her the money because she asked me—I mean to represent that she asked me to lend her half-a-crown and then made me a present of three pairs of trousers; she has been very kind to me—I do not know what the half-crown was for—I said before the Magistrate "I had nothing to do with the trousers"—I did not notice any trousers till I went away, when my sister gave them to me—they were a present—I saw her next in the Court—I have not been paid the half-a-crown back—I threw the trousers away in the street one after another, they were not wrapped up—I am a musical clown, and so is my brother, the prisoner's husband—I also travel for cigars, and I am a photographer when I have nothing else to do—I do not buy, I have not got the money—I have been a publican—my son by my wife is 18 years old; he could not wear the trousers—when my sister gave them to me I really don't know what I was going to do with them, and I strewed them about the street.
Re-examined. I did not see a boy at my sister's house—there is no pretence for saying that I bought the trousers.
AMOS STRATTON (Policeman L 166). From information I received I took Smith at his house, from information I received from Herbert—I afterwards took Neckless and then Jackson—on 16th December I went to Mrs. Daniels' house and found her in bed—it is a private house—I said that I should take her in custody for receiving three pairs of trousers of two boys last night—she said, "What trousers?"—I said, "Three pairs of cord trousers"—she made no reply—at the station she said, "I did have the trousers, but they were for my brother-in-law."
Witnesses for the Defence.
JOSHUA DAULT. I live at 26, Isabella Street—Daniels is my aunt—I was present when the trousers were brought to the house—Moses Daniels was there—some boy came to the door—I answered it—he said, "Will you buy these?"—my aunt called out, "Who is there?"—I said "Some one wants to sell some trousers"—she said, "I don't want trousers, I have no one to wear them"—my uncle said, "I will buy them, big or little ones," and my aunt went and got them—the money came from her pocket and she took them away.
Cross-examined. I was at the police-court, but was not called—I heard my uncle examined—only one boy came to the door—I cannot say who he was, as there was no light in the passage—it was 6 O'clock—I did not ask him where they came from, nor did my aunt or uncle—we have not had little boys there before—I did not see Herbert—I live at this house—my uncle is a professional—he was not at home that night, he was away on his business—the trousers did not come into
my hands—they were taken in by my aunt, but my uncle gave her the money to pay for them.
DANIELS received a good character— GUILTY — Eighteen Months' Imprisonment . SMITH, NECKLESS, and JACKSON— One Month's Imprisonment each, and Three Years in a Reformatory .
Before Robert Malcolm Kerr, Esq.
MR. FOSTER READ conducted the Prosecution; and MR. WILDET WRIGHT the Defence.
FREDERICK MURPHY (Detective W Division). On 14th December Mr. Crowle handed me this licence of the marriage of Mr. Hardcastle with Eliza Harris, on 5th July, 1855, and pointed out to me the prisoner—she said she thought he knew all about it, and at the station "You know all about it, you thief"—I went to East Wickham and compared the licence with the certificate—it is a true copy.
Cross-examined, The prosecutor and the prisoner wrangled on the way to the station.
WILLIAM JONES . I keep the Alton Ale Stores, 64, High Street, Chatham—I was present at the marriage of Mr. Hardcastle in Wickham church, in July, 1855, with the prisoner—I saw Hardcastle this morning.
Cross-examined. The prisoner has not been living with us.
Cross-examined—I knew the prisoner had children—I did not know they were Mr. Hardcastle's, nor that he had been living with her. NOT GUILTY
MR. DAVIS conducted the Prosecution.
WILLIAM GRIDLEY . I am a boiler-maker, at 8, George Street, South wark—Mary Ann Gridley is my daughter—I produce the certificate of her birth—she was 14 years of age last birthday—she lived with me till the 7th of November—she was employed at Mr. Bishop's, in the Borough—She left her at home on the 7th November—I next saw her 10 days afterwards, when she was brought from Oxford—I then saw the prisoner in custody—I asked him if he did not think it a smart thing to take a girl from home—he said he did not take her, she went with his sister—she went without my consent—I have five other children, one other single daughter.
GEORGE ORMSBY (Policeman). I apprehended the prisoner at Oxford, on 23rd November—the girl came with us to the station—the prisoner said "I must put up with it, if we do not take them away they will take us."
worked at Bishop's, in King Street, Borough—she came home to dinner between 1 and 2 as usual—only Elizabeth returned at 6.30 in the evening—I communicated with the police—Mary Ann left against our wish—we did not know anything about it.
JAMES HOMERSTONE . I am a purveyor of cat's-meat, of 7, King's Bench Walk—I know and have seen together the prisoner and Mary Ann Gridley—once before I saw them together, on 7 th November, at the corner of the Borough Road, about 1 O'clock.
MARY ANN GRIDLEY I am the daughter of William Gridley, and am 14 years old—I worked at Bishop's—on 7th November I went to work—at 1 O'clock I met the prisoner and walked with him to his house—he did not ask me—I remained that night—I saw his mother and sister in the house—I asked him to go with me to Oxford—I had been to the prisoner's house before—I remained there the next night of my own will—my father and mother did not know. NOT GUILTY
MR. DE MICHELE conducted the Prosecution.
JOSEPH ELLSON . I am a schoolmaster of 46, Drummond Road, Bermondsey—I let the first-floor to Mr. Randall—on Sunday, 23rd December, I and my wife left my house about 7—all the doors and windows were fastened—we came back about 8.45, and found the street door bolted inside—I went through the next house, and found my back door opened, and the gas out in the passage, which I left burning—the gas in the kitchen was full on, and all the other doors were open—I missed from the bedroom two gold rings, a gold brooch, a silver brooch, a set of gold studs, a pair of gold earrings—the total value is about 10l.—the door of the first-floor belonging to Mr. Randall had been forced with a jemmy—this key is similar to our front-door key, and it opens it—I saw it tried.
JOHN RANDALL . I am a pattern maker, and lodge with the last witness—I have lately come from America—I am related to the prisoner—I left the house on Saturday, 22nd September, and returned on the Sunday evening about 9.15—I found my bedroom door had been forced open—I missed a gold watch, a gold chain, a silver chain, a diamond pin, a gold pin and three gold rings, a pencil case, a silver fruit-knife and a tablet, two cloth coats, a coral necklace, and 5l. in gold—the total value is about 100l.—I saw these articles safe on the Saturday—one of my clothes' boxes was burst open—this Indian box was also forced open—I had seen the prisoner some time ago, and had given him a pair of trousers and a waistcoat.
ELIZABETH MITCHELL . I live at 23, Luther Road, Bermondsey—on 23rd December I was in the Drummond Road about 8.30 or 8.45—I passed No. 46—the door was wide open, the gas was full on, and reflected a person like the prisoner, in a stooping position—he shut the door quickly—I was afterwards sent for to the station, and picked out the prisoner from his general appearance.
Cross-examined. Your coat was similar to what you have on now—you had a hat.
coming from the road between my house and No. 46—he turned round and looked at No. 46, and then ran very fast towards the Jamaica Road—there were eight or ten men in the road—the man passed close to me—I afterwards went to the station and identified the prisoner.
LOUISA. HARTMAN . I am 16 years old, and the daughter of the last witness—I was coming from the Jamaica Road on this evening—I saw a man running with a parcel under his arm towards me—he was like the prisoner.
Cross-examined. It was about 9.10—I saw your back—you had a black wide awake on.
Cross-examined. You had just come from your work, about 1.15—I told you the charge—you said "I was never there."
DAVID LEWARNE (Detective M). I Went with the last witness to the prisoner's house—we found him there—we searched the premises—we found this key and another—I asked the prisoner to mark them with a knife—he did so—he was taken to the station—I went to 46, Drummond Road—this key fitted the front door lock—no doubt it would open other doors.
Cross-examined. I found this key on the mantelpiece in the front parlour—it was not given to me at the police-court—I did not say that you said the front room did not belong to you—afterwards I found it did—you said the only rooms you had were the one you were in then (that is the back parlour) and the upstairs bedroom—afterwards I found that the front parlour was occupied by you, and sometimes by your mother-in-law, when she came home from nursing.
DONALD SWANSON (Detective A). I was present when the prisoner was arrested—he directed the officers to search the rooms to see if any of the stolen property was there—I was standing sideways to him when I saw his hand move and something drop—I said "What is that?"—he said "Only an old knife, and not of any value"—this is the knife—I said "I will take this, it might be useful either for or against you"—I took the knife afterwards to Drummond Road, and applied it to this box in the presence of Mr. Randall, the owner of it—the marks correspond with the broken end of this knife—I also examined the clothes-box, and found the marks in the box correspond with the end of the knife.
Cross-examined. Any broken knife would make similar marks.
Witnesses for the Defence. MARY WHEELER. On the 23rd December the prisoner was indoors all day long on and off—I saw him at 8.30 standing in his shirt-sleeves talking to his mother-in-law—I went to bed at 9.30.
Cross-examined. I only went out that night to fetch my beer—I am a lodger—the mother-in-law is waiting upon the prisoner's wife in her confinement—I live at 32, Amelia Street—I did not see the prisoner have his tea—I was upstairs having my own tea.
MRS. BENJAMIN WHEELER . I was at 32, Amelia Street on 23rd December—I went out when the bells were ringing for church, and returned at 7.45—the prisoner was then sitting by the fire smoking his pipe, and his wife was curling a child's hair—the children were ready to go to bed—the prisoner did not wash himself that day, and I made a
remark, and he washed himself and went over and got a pot of ale—he went out at a quarter to nine, and returned directly he had the beer—he went out again at 11—on the 27th the detective came—he asked me for the key of the room—I got this key from the room door and gave it to him—the other key with the crooked handle was knocking about the place.
GEORGE SINCLAIR . I am a compositor employed at Messrs. McCorquodale's—on the 23rd December I saw the prisoner twice; the first time at the Horse Shoe and Wheatsheaf at 7.46 or 8 p.m., when I was going to St. George's Cathedral, and the second time at the side bar at the same house at about 9.30—he had some one talking to him, whom I took for a friend.
Cross-examined. The Wheatsheaf is about two miles from 46, Brummond Street—I can fix the time because I missed meeting my friend, whom I was to meet 7, and I heard the bell toll for the elevation of the Host while I was in there.
JAMES WHEELER . I am a lighterman—on 23rd December I went to 32, Amelia Street with my mother, at about a quarter to eight, and left the prisoner about 11.30 on this side of London Bridge—we went together to a public-house ten yards from his house about a quarter to nine: nowhere else.
Prisoner's Defence. I was at home with my wife and five children. I cannot run, as I have a broken ankle. The key was not fitted in my door. The knife was broken by me in taking the heel off my boot. This prosecution is got up from spite, by my family connections. Mr. Randall deserted my sister and went to America, and I was so disgusted I would not speak to him. I gave every facility to search, and I said "Mary, if I knew who done it I would tell."
Before Mr. Recorder.
MR. STRAIGHT conducted the Prosecution; and MR. LILLEY and MR. SIMS the Defence.
RICHARDFREEBORN. I have at 11, Hardy's Road, Peckham—on Monday evening, 24th December, about 10. 20, I was passing along New Cross Road, a little past the Brighton Railway station; I had occasion to turn aside for a moment into some place, and just as I did so Francis tripped me up, knelt on my breast, put his hand in my right side trousers pocket, and took what money I had, 6s. 6d. in silver, and two or three coppers—I got hold of him directly, we struggled, he tried to get away—I held him, we struggled till we got out into the road—we were up and down, and while I was holding him in the road Head struck me in the forehead, and said "You have made a mistake"—he came from the opposite side of the way—the blow caused a little blackness—when he struck me Francis got away from me, and they went into a public-house together—I called for the police—Constable Barnes came up—I went with him to the public-house—Head came out first—I said "That is one of them, you hold him"—he was taken into custody—I then pointed out Francis, and the constable took him into custody—I had never seen either of them
before to my knowledge—I was sober—I had had two or there glasses of bitter ale—I knew perfectly well what I was about.
Cross-examined by MR. SIMS. I had not been with Francis before I turned up this place—it is not a passage, it is a private road—Francis did not say anything when he came up to me—he tripped me up, and I was on my back at once, and his hand was in my pocket instantly—I charged him with stealing 6s. 6d.—I might have said 16s. 6d., I was excited at the time—before the prisoners were searched I said it was 6s. 6d.—I collected myself, and found out it was 6s. 6d. on the way to the station, and I told the inspector so—I did not charge Head with stealing my money—I said he was one of them—it was about five minutes after the occurrence that I found them in the public-house—they were not coming out—I went in, and pointed them out to the policeman, and while I was doing so Head came out—he had seen me come in.
Cross-examined by MR. LILLEY. I wais struggling with Francis in the main road when Head came up—I could not say whether he was in company with any one—there were several persons on the opposite side—I believe a young man and woman who appeared to be in his company followed him to the station—when Head came up he picked up my hat and Francis's hat, and handed them to us—I did not hear him recommend us both to go home.
JOHN BARNES (Policeman 375 R). On Monday evening, 24th December, I saw the prosecutor near to the cab rank in the New Cross Road—he made a complaint to me—I then went with him to a public-house, and there saw the two prisoners—I saw Head first; he was pointed out to me by the prosecutor, who said there was another one inside—I detained him till the other came out, and I then took both—Francis said "I did not steal any money"—he said he struggled with the prosecutor—Head said he only went over to assist the other one, hearing cries of "Police!"—he said he had nothing to do with the robbery whatever—I searched Francis at the station; he had 1s. in bronze on him and a knife—I handed over Head to Belcher on the road to the station.
Cross-examined by MR. SIMS. At the time my attention was first called to this the prosecutor was coming along by the cab rank, on the same side of the way—he then said he had been robbed of 16s. 6d.—at the station he said it was 6s. 6d.—that was before the prisoners were searched. Cross-examined by MR. LILLEY. When I took Head into custody he was just coming out of the public-house door—I did not go in—the prosecutor went in to look for Francis—I can't say that I mentioned before the Magistrate that Head said he had struck the prosecutor.
JAMES BELCHER (Policeman 85 R). I was with Inspector Turk on duty on this night—Head was given into my custody—the prosecutor charged him with robbing him of 16s. 6d.—when we got inside the station he said it was 6s. 6d., that was before either of the prisoners had been searched—Head said he was innocent—I found 13s. 6d. in silver on him. Cross-examined by MR. SIMS. The prosecutor might have been drinking, but he was perfectly rational.
THOMAS TURK (Police Inspector R). On the night of the 24th December I saw the two prisoners in custody, the prosecutor was sober—he appeared as though he had been drinking, but was certainly not drunk—he was a little excited.
in the prosecutor's company on the 24th December—I met him about 3 in the afternoon on special business—we went out to survey some property—he remained in my company until a quarter to 10 O'clock, when I wished him good-night at the Walpole Arms—I had not seen either of the prisoners in his company.
The Prisoner's Statements before the Magistrate. Francis says:"I treated the prosecutor with some brandy at a public-house opposite the railwaystation. I then walked with him a little way, and then said I must go. He seized me and threw me down. While we were struggling Head came up and said it was a mistake, and I afterwards took Head over and treated him; and as we came out he gave Head in charge." Head says: "I am innocent."
Witness for Head.
CHARLOTTE MITCHELL . I am an ironer, and live at No. 1, Hatcham Terrace, Old Kent Road—on Monday night, 24th December, I was in company with Head and a Mr. Stanforth—as we were walking along we heard cries of "Murder" and "Police"—Head ran across the road—we saw Francis on the ground, and Mr. Freeborn on the top of him—Head said "Let the man go"—he lifted Mr. Freeborn up, and said "What is the matter?"—Mr. Freeborn said "That man has put his hand in my pocket and robbed me of 16s.—Head says "If he has robbed you, the best thing is to give him in charge"—Head picked up their hats and gave them to them, and said "The best thing for you two men is to get home"—he did not strike Mr. Freeborn—I am positive of that—we crossed the road, and Francis said to Head "I thank you very kindly for coming up as you did, or else I might have been strangled, "and he asked us to go in and have something to drink—we refused—he said Are you frightened at getting intermixed with this?"—we said "No"—we went in, and he called for a pot of ale and threepenny worth of whisky—we remained in the house about five or six minutes—I was examined before the Magistrate, and gave the same evidence as I have done to-day. Cross-examined. I had not done my work till nearly 8 that evening—I had just gone home and cleaned myself, and then came out and met Head—I had not been in any public-house. Not GUILTY
MR. CCNNINGHAM conducted the Prosecution.
ANN ELIZABETH KNOX . I am a widow, and am a shopkeeper in the Walworth Road—on Saturday week I shut up my shop about 12 O'clock and went to bed a little after—about 1 O'clock I heard a police rattle—I threw open my bedroom window, and came down and found the shop window broken, and these candles and a tobacco jar lying on the floor—I well secured my door—I had seen the prisoner twice that evening, once with a cart.
THOMAS HARVEY (Policeman 220 P). On 5th January, about 1.20, I was passing the prosecutor's shop in the Rodney Road, Walworth—I saw a flickering light—I went as usual to try the doors—this door was secured by a large chain from one post to another, but not locked—I pushed it,
then called out to someone inside whom I could not see—I said ''Your door is not properly secured; you had better lock and bolt it"—a man's voice from inside said "It is all right, policeman, my wife has put the chain on"—I said "You had better take the chain off and bolt and lock it, and then put the chain on"—he said "It is all secure"—I still persisted—he came to the door, undid the chain, and put the candle out at the same time, and said "You can See it is all right"—I said "I have no doubt it is, but I should like to see that it is all right"—he said "Come this way"—he led the way to the parlour at the foot of the stairs, and shouted up stairs "Mother, policeman thinks it is not all right; just ahout out and tell him it is"—I said "You told me it was your wife"—he said "I meant my mother"—receiving no answer, he said "I suppose she is asleep" and "Go upstairs, she'll soon answer"—I said "I do not like going to the bedroom door; you lead the way, I will follow"—he said "I will get some stones and throw up at the window, that will soon wake the old lady"—I said "Oh, very well"—he made for the door—I seized him by his left hand and said he could perform the throwing with his right hand, but I should hold him fast till his mother answered from the window—he came outside and said "I suppose you think there is something wrong"—I said "I have no reason to doubt you just yet"—he picked up some slush from the gutter and appeared as if he was going to throw it up to the window, but made a plunge to get away—I held him and drew my truncheon—I sprang my rattle and assistance came—I went into the house again—it was half an hour before we could get the prosecutrix to speak, because she was frightened and deaf as well—I took the prisoner to the station and found on him a key and 3d. in coppers—on examining the house I found an entry had been effected by taking down the outside shutter, breaking a pane of glass, and by putting the arm through, unfastening the chain—the shutter was then replaced, not leaving the slightest trace—the door was burst open from the lock.
Cross-examined. It was not outside that I found you.
The Prisoner's Statement before the Magistrate was that he was intoxicated and stumbled against the shop door, and fell in and lay there an hour, when the policeman came and fastened them both in.
Prisoner's Defence. Nothing was found on me, nor any housebreaking things at my house. This was in an open road, and people passing. I work hard for my living, and there is no crime against me. I am innocent.
GUILTY *— Twelve Months' Imprisonment .
MR. STRAIGHT conducted the Prosecution; and MR. BESLSY the Defence.
ROBERT URQUHART . I am the Usher of the Southwark Police Court—I was there on the 4th August last year, and remember this declaration (produced) being made before Mr. Benson by John Glancey, the prisoner—the signature was written by him.
Cross-examined by MR. BESLEY. I do not know a gentleman named Mr. Woodman, nor do I recollect a person of that name making any application to the Magistrate.
Re-examined. I was not present at the time—the police make the necessary inquiries, and when they are satisfactory to the Magistrate, the Magistrate signs the declaration.
GEORGE JOHN SAYER . I now keep the Ben Johnson public-house, Goodman's Yard, Minories—in June, 1877, I was the owner of the licence of the Green Man, Price's Street, Blackfriars—in that month I entered into a negotiation for the sale of the stock, fixtures, and furniture to the defendant—he was to pay 100l. all at—on the day of the change 75l. was paid in cash, and I consented to take two bills, one for 15l. at 21 days, the other for 10l. at two months—when the 15l. bill became due it was dishonoured—no communication had been made to me in the meantime by the defendant with reference to my attending before the Magistrate about a protection order—when the bill became due I placed the matter in the hands of Mr. Webb, my solicitor—from the 25th June till the 19th July I had called frequently, often two or three times a week, at the Green Man for my letters—being out of business I was at different places, but my place of residence for my wife was at the Lilford Arms, Lilford Road, Camberwell—I slept there occasionally when in London—sometimes I would be in the country—about the 21st July I first went out of London; it was after the dishonouring of the bill; I went to discharge an engagement of brewing at the Hanwell Asylum—I was there off and on I suppose eight weeks—I was there for two or three days, and then would go back again—I was in town two or three days a week—I called on several occasions at the Green Man—I was there on August 3rd and received a letter, the envelope of which I produce—I received it from a lady behind the bar—after the first bill was dishonoured I went to see the defendant—I saw him at the Green Man—Mr. Woodman was not there—I did call on Mr. Woodman, the broker, on several occasions—when I saw Glancey I asked him how it was he had not met the bill—he said he did not intend to meet it; he did not intend to pay it—I asked him why, and he said there was not the trade that I represented—I told him that there was no trade whatever represented, it was the valuation; there was no trade represented at the sale—the value of the fixtures and fittings was told me by Mr. Woodman—the valuation was made by his clerk—I said to Glancey that the valuation was worth more than the money—I told him I should have my money—he said he would not pay me—I afterwards attended at the Southwark County Court on the 4th October and obtained a judgment upon my 15l. bill—before attending there I had been shown that affidavit of Mr. Glancey's—I cannot tell the date—it was at the solicitor's office I saw it—he wrote to me on receiving it—Glancey did not attend at the County Court on the 4th October—I knew that Mr. Hatton was acting as the prisoner's solicitor, by receiving a letter—this is the letter and this is the envelope it was in—I saw the defendant the night of the day I received the letter, the 3rd August, in the parlour of the Green Man—I did not say anything to him nor him to me—I am sure I saw him—he saw me—I nodded to him but he took no notice—that was the day I took the letter away that has been produced—when I got to the Lilford Arms I received a letter from Mr. Hatton—I was not aware of the application to the Magistrate at Southwark for a protection order till some time after the next transfer day—I was not aware of it up to the 4th August—I was not asked to attend any such application—the second bill was dishonoured.
Cross-examined. I was aware of the application to Mr. Benson, I think in September—I do not know Jones and Horton—I know Mr. Wakeling, of Messrs. Braud am and Fox—I do not know Mr. Jones, who kept the
Duchess of Edinburgh or the Union beer shop, nor Mr. Horton, the public-house broker—in the presence of Mr. Wakeling a stranger did not ask me for the bills to prosecute Glancey—no stranger has said to me he would be glad to prosecute Glancey for doing them out of the Artichoke—I do not know that Jones and Horton have been before this Court for forcible entry—Mr. Straight was counsel at the police-court—I did not commence proceedings in December, but in January, on the declaration, on Saturday week—I went previously to get the declaration, but I kept no record of it—when I was told by the inspector that a declaration had been made I inquired at the police-court, but they keep no record and I could not obtain it—Mr. Woodman acted for me and Glancey—I have been in several public-houses and one beer shop—I am acquainted with the mode of transfer—I kept a public-house four years—I have not had beer shops at Holloway, Tottenham Road, and Kingston, nor Wandsworth—I keep a public-house at Wandsworth, not at Holloway, nor a beershop—I am not a barman—I have kept a beerhouse at Kingsland, the only one I ever kept—I have not been a barman at Lillie Bridge Grounds—I have-betted occasionally, but am not a professional betting man—when I transfer I sign the usual notices—it is usual for the forthcoming tenant to sign for the mortgagee to act, not the outgoing tenant—I cannot swear that I did not sign a power of attorney to Mr. Woodman—I do not possess a power of attorney, and if there is any the prisoner has got it—I signed all necessary papers—whenever the notice was served the transfer ought to have been the first transfer-day that there was a chance to serve it—the first transfer-day was not the 11th of July—if it was there would not have been time to serve the notice—you have to give 14 clear days' notice to serve—the first transfer-day was on the 14th July—I went to the Court on 14th July and found that the notice had not been served of the transfer—the bill was not then due—possession was given to Mr. Glancey on 25th June—I took nothing from the house that was in the inventory—I took my bed and things for my own use—there was not a room full of furniture, a small proportion—the bulk of the furniture had been sold with the public-house—my wife and I slept at the Queen's Head on several occasions—we took a room there to put the furniture in, and stopped there till we got to business again—as early as 31st July I issued a summons, giving as my address the Lilford Arms—my wife was living there then—I did not instruct her if any one came, to say she did not know where I was to be found, I had no reason to do so—I did not give her instructions—she is not able to come here to-day—I did not know she was required—I did not see a Mr. Deas at the Lilford Arms—I did not know he had called there to ask for my address—I called at the Green Man two or three times a week for my letters—I do not recollect whether or not I swore before the Magistrate on 30th July that I got that envelope—I swear so to-day because I came up from Hanwell on Friday night, the 3rd August, I called at the Green Man to see if there were any letters for me, when I saw Mr. Glancey—I went from there to the Lilford Arms, where my wife was, and then I received a letter from Mr. Hatton, and that brings it to my mind that I received the letter—I did not say at the police-court that I received it on the 30th July—it was posted on that day, how could I receive it?—I was at Hanwell, my furniture at the Queen's Head, my wife at the Lilford Arms, and my children in the country—I got the letter at the Green Man from the lady behind the bar—she never offered to forward
letters if I would leave my address, they knew it—Mr. Glancey did not there ask my address in the presence of the barmaid—he had no reason to ask—I did not say "Nowhere particular—knocking about anywhere"—I do not owe James Ayres, a lodger there, anything—I do not know of his trying to find my address in July and August—I did not see him on 11th January at the Ben Johnson—he did not demand 2l., nor say he had been trying to find me—I never owed him 2l.—I did not refuse to pay him 2l.—I do not owe another man 17l. to my knowledge—I did not say at the police-court that I recollected Mr. Glancey calling at the Lilford Arms—I said that any communication at the Lilford Arms would find me—that would be my principal address—I said "Sometimes I do not go home"—no doubt I said I went to Hanwell between 6th and 12th August, because I did go about that time—I told you before that I was there about the 21st July—that was when I first went to Hanwell—I went to and from Hanwell for eight weeks to superintend the brewing, because their brewer was ill—I represented on the change that all rates and taxes were paid—all the receipts I knew of were produced—after the bill was dishonoured they said there were some rates, I said "I know nothing about that; it was the broker's fault, he ought to have seen to that at the change."Re-examined. Prior to the sum of 100l. being arrived at, the rates and taxes were mentioned—it is always looked at—that was gone into, and the receipts produced—I have been a licensed victualler or beershopkeeper since 1850—I was a licensed victualler at Wandsworth for four years, also in Mare Street, Hackney—I have dealt with one firm for 16 years; the Canonbury Company it is now—I have no recollection of saying before the Magistrate "I fancy I recollect I was told he had called at the "Lilford Arms"—I have not now any recollection of being told that Glancey had called there.
FREDERICK DAVID WILLIAM HATTON . I am a solicitor, and have offices at Somerset Chambers, 151, Strand—I have been acting for the defendant for many months past, more particularly in reference to the matter of Mr. Sayers—Mr. Glancey called on me with the summons—I had met Sayers at the change, which I attended, and I saw him from about 2 o'clock till half-past 5 or 6—after an interview with Glancey, I wrote this letter (produced)—I obtained the address from the summons—I saw Mr. Myers from Mr. Webb's office—he called on me on the 4th August—my letter is dated the 2nd—I presume that Glancey would be at my office on that day, because I should write immediately—I prepared an affidavit about the 10th August for him to swear in the County Court proceedings—this(produced) is the copy affidavit I supplied—I took my instructions from my client, Mr. Glancey—leave was obtained to appear—this letter, dated the 7th August, which I wrote to Messrs. Webb, is a letter apologising for having written to the client instead of the solicitor—between the 2nd and the 7th I had seen Mr. Webb's clerk—I can't say I had seen Mr. Glancey, I presume I had.
Cross-examined. I acted in the change, that is, I did what was necessary as solicitor in the change—it was not an understanding that until the bills were paid Mr. Sayer would not concur in the transfer of the licence—that is not true—if that had been so I should not have allowed my client to complete, because there was some trouble at the solicitor's for the brewers as to arranging the sum to be paid and the amount of the bills—it was a distinct agreement that the transfer should be made at once, and a short
memorandum was signed in order to save expense—it was a very small sale, it was not necessary to have a deed, it was the end of a lease—this is the memorandum produced. (This was dated 20th June, 1877, and assigned the property in question in consideration of a sum of 50l. ) I believe a sum of 25l. was due by Mr. Sayers to the mortgagees—I believe the licences were endorsed over on payment of the money; that was the arrangement, I left it to Mr. Woodman, the broker—I had nothing to do with any power of attorney, that would be given to the broker—a gentlemen from Mr. Webb's office (Mr. Myers) called on me on three occasions, on August 4th, September 21st, when I was away, when my partner saw him, and the 29th September—he then called to say that he had found out that Mr. Glancey had committed perjury, and that unless the action was settled criminal proceedings would be taken—I said that was absurd—he said Mr. Glancey had made a declaration that he did not know the address of Mr. Sayers, and all the while he did know it, because the address was on the summons—I did not tell him that Mr. Glancey had gone, and that I could not get any information of him at the "Lilford Arms"—I understood it as a distinct threat that they would prosecute criminally, because such threats are often made; where they cannot recover money civilly they threaten criminal proceedings.
Re-examined. I do not remember any statement to Mr. Myers as to the non-intention to defend the action—I don't recollect any statement about my not having the moneys from my client to defend the action—I am almost sure of it, because my client had paid me a certain sum for costs a month before, so I could not have made such a statement—I made no inquiry whatever as to whether Glancey had made the declaration or not, it had nothing to do with me.
HENRY HART MYERS . I am articled clerk to Messrs. Webb, who were instructed in this matter—I proceeded according to Mr. Sayers' instructions with, the plaint in the County Court—we were met by the affidavit produced—we should have got the judgment in the usual way, 16 days after issuing the plaint, if the defendant had not made that affidavit—it was an affidavit of defence upon the merits—this is a copy supplied by the solicitor of the defendant, and is marked as an office copy—that threw us over the long vacation—I attended on the 4th October, and there was no defence whatever made to the summons—I had previously seen Mr. Hatton, and he had told me that he had seen or heard nothing of his client, and unless he did see him, and get some money out of him, he should not defend the action in the County Court—I was not able to obtain information as to the precise terms of the declaration until shortly before the summons in the police-court was issued—I knew something about it; I knew that a declaration had been made, but Mr. Sayers was unable to procure it to bring to me—I told him before we could take any proceedings upon the declaration, he must get the declaration and let me see it—I certainly said to Mr. Hatton that we had learnt that Glancey had made away with his house by the means of a false declaration, and if he was not careful we should prosecute him for perjury—I endeavoured to obtain satisfaction under the execution—after we got judgment in the County Court in October I went to Glancey's house and I then found that he had left the premises, having sold it to a man named Buckley, who had also placed another man in possession of the house—after a time I followed on to the Artichoke in Clare Market, only recently—I have not
been able to get any fruits of the execution there; we were ✗ by a bill of sale given to a broker who since came into the house in Clare Market.
Cross-examined. I certainly do not remember saying to Mr. Hatton, "If you don't pay our claim we shall prosecute your client"—I will swear I did not use that expression—I got the declaration shortly before the summons, perhaps a month or five weeks ago—Mr. Sayers delivered it to me—I was not present when it was given to him—he did not give me any other papers—I had no other papers with it except afterwards I had the licence—I did not get a power of attorney—we should not have that, the broker would hold that if there was one—there had been several negotiations previous to judgment having been obtained, by Mr. Woodman and other persons to settle Mr. Sayers' claim—there were several promises to settle, but no promise carried out—no payment was made, because we could not do so—I have no doubt this (produced) is the summons that was served at my instance, I can't tell—the Court would serve it—this is not a judgment summons—I have the licences here—Mr. Sayers gave them to me—I believe the house has never been transferred, I cannot tell you—I know that I was consulted afterwards by a Mr. Cooper, who had taken it from Buckley—I have not got the Excise licences—I have no other licence than that—I never heard of Jones or Horton until to-day—I look only to Mr. Sayers for my costs.
MR. BESLEY submitted that there was no case to go the Jury. In the first place, it was necessary that any Magistrate receiving a declaration should have authority to receive it; here that was expressly negatived by the statute 3 and 4 William IV., which excepted the Borough of Southwark from such jurisdiction; and, in the second place, there was not the evidence of more than one witness to support the allegations of falsehood. After hearing MR. STRAIGHT, the RECORDER was of opinion that, upon both grounds taken, there was not a sufficient case to go to the Jury. NOT GUILTY
Before Mr. Recorder.
MR. RAVEN conducted the Prosecution.
WILLIAM CANNON . I keep the Old English Gentleman beerhouse at Cheshunt—on 28th August I saw the prisoner coming from an aperture in the cellar—I had given him permission to sleep in the stable the previous night, but not on that night—I saw him coming out at about 10 minutes to 6—the hole was between the stable and the cellar—it was not there before the prisoner made it—I followed him—he pushed the staple back—I ran out of the back door, and caught him in the road—I struggled with him—ultimately we both fell over the hedge into the barley field—he got away—I went back, and I found the till standing in the tap-room, and the contents, the change for the morning, gone—there was 4s. 10d. in the till as near as I can guess—on going into the stable I found a box standing against the hole which the prisoner had made into the cellar—it is a partition of lath and boards—I next saw the prisoner on the 10th or 11th December
at the police-station at Cheshunt—I charged him with stealing 4s. 10d.
from the till—he said "I did not have 4s. 10d., I only took 2s."
By the JURY. The prisoner had applied to me for a lodging—I have a brickfield close by, and men come from Bonder's End, a few miles away—they brought the prisoner down to assist in their work, and as there was no room in the house I made him up a bed with some blankets to sleep in the stable, and that is the way I was served.
CHARLES KEGGS . I am a labourer, living at Cheshunt—I remember the 28th August—I was then close to the prosecutor's house—I saw the prisoner that morning burst out of Mr. Cannon's stable-door into the street and run up the road and Mr. Cannon after him—I saw Mr. Cannon capture him in the road and they both fell into the barley-tield—I am quite sure it was the prisoner—the man has worked for me—I know him well.
JOHN EVANS (Policeman 510 Y). I am stationed at Cheshunt—I saw this stable on the 28th August—I saw the prisoner there—he asked me if it was not time to get up—it was about 5. 30—I did not see any hole—I did not go into the stable where the hole was made.
JAMES MOORE . I am a metropolitan police sergeant stationed at Cheshunt—I took the prisoner into custody at Bunting—I told him I wanted him for breaking and entering the Old English Gentleman beerhouse in August last, and stealing 5s. from the bar—he said "No, it was not 5s., it was only 2s"—when the charge was read over to him at the station he repeated the same answer, that it was not 5s., it was only 2s.—I showed him these boots (produced), which I got from Mr. Cannon's beershop.
GUILTY . He also PLEADED GUILTY** to a conviction of felony in January, 1871— Twelve Months' Imprisonment .
Before Mr. Justice Lopes.
ADJOURNED TO MONDAY, FEBRUARY 11TH,1878.