CENTRAL CRIMINAL COURT.
OWDEN, MAYOR. FOURTH 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, February 11th, 1878.
Before Mr. Common Serjeant.
MR. BESLEY conducted the Prosecution.
ANNIE APPLEFORD . I am now living at 3, Herne Road, Brixton—I am separated from my husband—in December, 1876, I was living at 298, Kennington Road—I had full power to let the whole of the house No. 98, Fleet Street, with the exception of the shop, which was occupied by Mrs. Judkins—before October, 1876, I only knew Colls by seeing him come in and out to a tenant of mine—I had about nine tenants in the upper part of the house—in October, 1876, Colls applied to me to take some rooms at 98; I replied that I would not let them unless the rent was paid in advance—the rent was 40l. a year, a quarter was to be paid in advance—he said he was quite willing to do that, but he had not the cash in hand directly—I said "I will wait till you have, but I won't let them till I have my rent in advance"—he repeatedly came to me respecting them, but the matter remained on that footing till 16th December—he then brought me this lease (produced), and said he had been trying to borrow 60l. upon it as he had done before, but that his solicitor, Mr. Ody, was very ill, and could not lend it him; but if I would, let him have some money, with the rooms, he would deposit the lease with me as security—on perusing the lease I asked him what benefit he reaped from it—he said 26l. a year—I then arranged to let him the two back rooms for one year and give him a receipt for the 10l. in advance for the quarter and advance him 5l. or 6l., and that he should have the carpet and table so that he would not have to buy it, as he said he had no furniture for offices; the Turkey carpet was to be 4l. and the table 3l.—the agreement was made at 98, Fleet Street, in my own sitting-room; my servant, Mrs. Bowley, was present, cleaning and drubbing the room—I let him have 1l. on that occasion, as I had no more in my pocket, and he gave me an I. O. U. for it; he was to come
to my private house for the remainder, which he did that evening—Mrs. Bowley let him in, and my daughter Katie and my daughter-in-law, Mrs. Hemming, were present, when I gave him a 5l. note and he handed me the lease—these two documents marked A. and B. are in his writing, and we signed them. (Read: "A. Received of Mrs. Appleford 23l. Arthur Colls. December 16, 1876." "B. I promise to return to Mr. Arthur Colls the lease of three houses situated at Sheerness, Kent, on being paid 23l. by the 23rd January, 1877, or to be renewed as may be arranged between Mr. Colls and myself. Annie Appleford. December 16, 1876.") When I parted with the 5l. I of course thought the lease was genuine, or I should not have let him have sixpence—the carpet and table were moved into the front room on that same day, but I locked it up and did not give him possession till the 23rd, when this agreement was signed—it is the prisoner's writing, my solicitor drew the copy of it. (This was a memorandum of agreement to take the two rooms as offices at 40l. a year, payable quarterly. ) It is signed by him—in January, 1877, I was taken ill with pleurisy—I was then living in Fleet Street; the doctor would not allow me to be removed; I was in bed for ten weeks there—on 8th January the prisoner brought his wife and daughter to live there, not with me, but in the same house—at the latter part of January, or the beginning of February, I gave my daughter 2l. to pay some taxes—the prisoner said he was going that way and would pay them for me to save her going, as it was raining fast, and I gave him the 2l.—I afterwards found he had not paid it, and asked him for it; he promised to give it me, but did not—he said he would give me an undertaking for it, and that it might go off the deed—he gave me this memorandum: "I hereby authorise you to deduct 2l. further from the deed you hold of mine, Jan. 23, 1877." About the 9th February he applied to me to lend him 5l. further on the lease, as there was a warrant out for his body for his taxes at Forest Hill—I said I could not let him have 5l., but I would let him have 2l. 10s., and as I had not so much with me I let him have 2l. 3s., for which he gave me this I O U—I parted with that, believing the lease to be worth 60l., as he said I should be safe up to 60l.; I would not have let him have the money but for that belief—I recovered from the attack of pleurisy about the middle of March—it was at the latter part of March that I had information with regard to Mr. Hawkins's receipt of the rents of those houses—I had suspicion before, and in the middle of March I told the prisoner I had reason to believe that the lease of these premises which he had given me as security was not worth the parchment it was written upon, and if such was the case I should certainly punish him unless he returned me the moneyhe said he was quite aware that the lease was of no service when he gave it me, that he had been ejected, and I might do my best and my worst, that he had been offered 5l. by Mrs. Judkins to take possession of my premises before that day month, and I should be outside of them, and he did it and threw my furniture into the street—he further said he thought he should have done business and then he would have paid meI afterwards applied to a Magistrate for a warrant, which was granted in the early part of May—I was not well enough to appear before—I was told that the officers could not find him, and I did not know he was in custody till afterwards—I subsequently got a summons, and he was taken before a Magistrate and committed.
Cross-examined by the Prisoner. The agreement was made on 23rd December—there was one made on the 16th, but my solicitor advised me not to give up possession upon it—I swear that 1l. was advanced on the 16th; it was not for interest—when I was taken ill I gave the lease to my daughter and son with other deeds—I should say that I had it in my possession on 1st January, 1877, at my Kennington house—I did not engage you as my agent, I am always my own agent, I employ no one, I never gave you authority to do anything for me—I might have instructed you to distrain on Mr. Brown for 17l. for a quarter's rent; just for an hour while I went to get an order to go in possession—a man named Carroll was put in possession—I did not owe any rent to Mrs. Judkins—I did not ask you, as my husband had deserted me, to come and keep possession of the house for me—if an execution was put in on my goods for 150l., it was a sham affair, it was withdrawn without a farthing payment—I did not offer Hammond, the broker's man, half-a-crown to settle it, he gave me the warrant voluntarily—I swear I gave you 2l. 3s. in cash on 9th February—you were not maintaining me, I never had a meal from you—I did not tell you to sue my husband for my maintenance, I always kept myself—I have never received a bill of 9l. from yon for six weeks' board and attendance—I was never applied to for that amount—I did not write a letter to my husband for 2l. to provide necessaries for myself and child—you wanted me to write it, but I said no—I am bringing an action against Mrs. Judkins for illegal distraint—a man named Joy came and broke open a door and took possession, planned, I believe, by you—I telegraphed to you for Carroll's address, and sent to the station for a policeman to come and take charge of the premises till I could get him—two policemen came—I did not suggest that you should tome in as a bon fide lodger, and keep possession under the Lodgers' Act—I allowed your wife and daughter to come for a week as you were obliged to leave your lodgings, and a memorandum was drawn up to that effect—I sent to Mr. Hammond for it, that I might indict you for false swearing—I don't know that you are an important witness against me in the actions—I have not offered you money to come on my side or sent any one to intimidate your witnesses—I went to Mr. Hammond's, not to intimidate him, but to ascertain if he lived there—Mr. Cooper, my solicitor, took out a summons against Joy for an assault; the summons was adjourned six times because I was ill—I did not employ you to make my will, you were the attesting witness—at the time the distraint was in, on 8th January, I did not send down to your wife some chairs, a timepiece, and some bedding, asking her to protect them—I was never bound over to keep the peace—you did not tell me when you put the lease into my hands that it was worthless, or that it might be worth 1l. or 100l.—you did not tell me that it had been out of your possession six years—you made a charge against me at the police-court about this table and got me locked up—I was not locked up at Warwick for pawning stays—I have never charged men with indecent assaults—I have not had a good many solicitors.
Re examined. It was in December last year that the prisoner locked me up about the table, the very day after the bill was preferred against him—he appeared before the Magistrate and charged me with stealing the table, but the Magistrate discharged me immediately.
years of age—in December, 1876, we were living at 298, Kennington Road—there was a money box there, I had the key of it—I remember seeing the prisoner there on one occasion; I opened the box, I left mamma to take out the money; there was a 5l. note, I believe, but I did not notice exactly what money it was—I am sure the prisoner was there at the time, he brought a deed wrapped up in paper—I remember having some money in an envelope to go and pay some taxes, I can't say how much money there was, the prisoner had it, he said he would go and pay the taxes—I was living with my mother, at 98, Fleet Street, at the time she was ill—the prisoner and his wife and daughter were there—mamma nearly always provided the food for the house, or gave them the money for it—I saw the lease afterwards, mamma had it.
Cross-examined. I don't know what rate it was to pay that I had the money for—I went with you the same evening to the Wandsworth Road to pay some taxes, and you did pay them—Mrs. Judkins put in a distress at Kennington on 8th January; some chairs were brought down, I think you said something about the ground landlord coming in, the chairs were afterwards taken back.
AGNES HEMMING . I am the daughter-in-law of Mrs. Appleford and the wife of George Hemming—I remember Mrs. Appleford being taken ill in January, 1877—I was in the house the evening Mr. Colls came in—I don't remember the date—I did not see any money pass—I saw Mrs. Appleford with some papers which she told me were deeds—I think the prisoner was in the house at the time—I believe after 11th December I had the papers in a box at my house while Mrs. Appleford was ill—they were fetched away by Kate—I was often at 98, Fleet Street, during her illness; the prisoner, his wife and daughter, were living there—my mother-in-law. I believe, provided the food.
Cross-examined. I was a witness to the deed of your taking the house at Kennington—I can't say that I know why the deed was written—it is not true that I walk the Haymarket and attend the Coal-hole—I believe I have seen Mrs. Appleford, your wife and daughter, sitting down friendly together.
GEORGE HEMMING . I am the last witness's husband, and am living with her—there is no foundation for the suggestion that she gets her living as a prostitute—I was frequently at 98, Fleet Street, while Mrs. Appleford was ill—I can't remember that I have seen money handed to Colls—I have hoard him ask Mrs. Appleford for money for the supper beer, and she has given it—I am a machinist by trade—I took out a licence as a cab-driver for four months when trade was bad.
Cross-examined. I was in the service of Newton and Wilson—there was no warrant out against me for embezzlement—I know nothing about Mr. Judkins compromising it with my mother.
MARGARET WILSON . I am the wife of Thomas Wilson—I have frequently been present at 98, Fleet Street, during the illness of Mrs. Appleford, when Colls was there—I believe Mrs. Appleford paid for the board.
CHARLES HENRY HAWKINS . This deed was signed by me in the presence of Richard Roscoe—Colls was the lessee—I was the lessor with the concurrence of other persons interested—it is dated 16th January, 1869—the prisoner entered on possession of the three houses at Sheerness, described here—I can't say how long he had anything to do with the property, but I had possession about 1870—the property was left
vacant for some time—I was restored to possession under a Magistrate's order, and from 1870 I have received the rents and profits—he has never claimed from me to yield possession of this property, and since 1870 he has never had a shilling from it.
Cross-examined. I am not aware that you underlet the property to Mr. Bowden—I applied to you for the rent—no rent was paid after February, 1870.
HENRY MILLER . I lived at Sheerness in 1869 and '70—I acted for Mr. Hawkins with reference to some property described in this lease somewhere about 1870—I got possession for him—after the payment of rent ceased the premises were unoccupied for some considerable time—Mr. Hawkins has ever since received the rents from the new tenants.
MARY DOWIE . I am a widow, and live in Crane Court, Temple—I have had the care of the premises, 98, Fleet Street, for some time—on a Saturday in July last I remember an inspector of police coming there with a warrant—I asked the prisoner what Mrs. Appleford had a warrant out for him for—he showed me this lease, and said it was a lease of three little houses which he had down in Kent, and he had only had 5l. of her, and that was all she could have him for—he showed me a receipt for a carpet and table, and a receipt for the rent.
Cross-examined. You were no doubt originally acting for Mrs. Appleford—you were put in as an ordinary man—you have not ejected me from the house, I went out of my own accord—you were acting for Mrs. Appleford, while she was helping to keep you, and then you turned round to Mrs. Judkins when you thought she had a little money—I have not tried to intimidate Mr. Hammond from coming to protect you—I went to Mr. Hammond with Mr. Andrews to see him on business—I thought you were an honest man till I found you out
JOHN CHARLES ANDREWS . I am an auctioneer and broker—I was present at the Lambeth police-court when the witnesses were giving their evidence before Mr. Chance—I heard the prisoner admit, after Mrs. Bowley's examination, that he had had 5l., a carpet, and a table from Mrs. Appleford, and that was all.
Cross-examined. I am not now acting as agent for Mrs. Appleford—I have been—I did not at the commencement of August break your door open with Mrs. Appleford—I was falsely charged with it by you; it was not your room, it was Mrs. Appleford's—I had a warrant for 10l. rent from you—I did not offer you 10l. to give evidence on our side, nor did you say upon that "I will have you out of the house"—you did put me out, you and five or six men, and kicked me between the kidneys—this was about 27th July—Mrs. Judkins had no power to let you the rooms—I did not go to Mr. Hammond with Mrs. Dowie to intimidate him from coming here.
The Prisoner, in a long address, attached the character of the Prosecutrix and her witnesses, who he alleged were swearing falsely against him in revenge for his having taken the part of Mrs. Judkin. He entered into a long detail of the circumstances alluded to in his cross-examination of the Prosecutrix, and called the following witnesses:—
JOHN CARROLL . I am an advertising agent—I was introduced to the prisoner after going to Mr. Cooper's, a solicitor of 88, Chancery Lane—I never saw him before—I understood he was a broker—on 5th January I distrained on Mr. Brown for 16l. odd—the next morning Mr. Hammond
distrained for 150l., and it was arranged that I and another man should withdraw—the prisoner retook possession on the Saturday—Mrs. Appleford said the prisoner had the matter in his hands—they locked me in an empty house from Saturday to Monday without food or drink—I was paid three half-crowns—I had had a half-crown before that—I went upstairs and saw Mrs. Appleford at tea in the prisoner's room, I think on the Monday evening—I could not stop any longer—I wanted some refreshment.
Cross-examined. Mr. Brown paid his rent to Mrs. Appleford—he was Mrs. Appleford's tenant.
ANN COLLS . I am the prisoner's daughter—I first knew I was coming to 98, Fleet Street, on Saturday night, 6th January—I handed the prisoner this lease of the Sheerness property on Monday, 1st January—it was tied up in brown paper—it became undone and I tied it up afresh—the prisoner did not return all that week—on the following Monday he returned and told me a van would come—it came about 1, and we arrived in Fleet Street about 9 p. m.—there was a dog, a cat, and a bird in the van—the prisoner's wife saw Mrs. Appleford—they had not seen each other before—on the prisoner's arriving at home there were seven extra chairs in the van and a timepiece—Mrs. Appleford asked my mother to buy them and give her a receipt for 1l. 4s. for them, as she did not owe a penny for rent—I thought it was a hard case—no money passed—a few days afterwards the chairs and the receipt were returned—the prisoner was at the beck and call of Mrs. Appleford till about the middle of February—he had tea with her, when he said "Mrs. Appleford, I will take 17s. for my commission"—she said "No, I have given you 8l. already on account of your expenses"—she gave me orders and I went and got some one to nail up the doorway—we were keeping Mrs. Appleford—she gave us this I O U for 2l. 3s., which was for some bread and other goods we had had—no money was had—I let the man in who came for the money in the evening—one day Mrs. Appleford said to father "Mr. Colls, I am very short of money; will you send to Mr. Cooper for that lease"—father said "Certainly; I have only just come into possession, and I don't know how the property is going on; it may be worth 100l., or it may not be worth a penny"—Mrs. Appleford was very angry, and said "We must not trust Mr. Cooper"—she also told my father several times in my presence that if he wanted the lease he might have it—we had it in our possession from the middle of January—Mrs. Appleford said "I wish you would take that box down," and I carried it down, and we had the lease seven or ten days.
Cross-examined. Mrs. Appleford had given my father 5l. for his services and promised him more, which he never had—I have seen this document before: "I promise to return to Mr. Colls the lease of three houses situated at Sheerness, in the county of Kent, on being paid 23l. on 23rd Jan., 1877, or to be renewed as may be arranged by Mr. Colls and myself. Dec. 16, 1876." On the back there is a memorandum: "Carpet and table, 5l., cash 1l., and 10l. for quarter's rent," making the 23l.—I still say I understood the 5l. was paid for my father's services—I have not seen this before: "I hereby authorise you, Mrs. Ann Appleford, to deduct 2l. further from the deed you hold by me." I did not know it was given—I said at the police-court that my father had not gone by the name of Buckland—I now say he never went by that name—I do
not know Mr. Dowdsworth—I have lived with my mother at Forest Hill—I was sometimes there and sometimes not—I was not there at Christmas—I do not remember exactly when I was there—the house at Forest Hill was taken in the name of Colls—I saw my father on 1st January at Forest Hill—the furniture was removed from there.
DAVID HENRY HAMMOND . I am out of business now—I was a broker and rent-collector—I was authorised to distrain on Mrs. Appleford on 6th January, 1877—I found the prisoner and Carroll in possession with a warrant against Mr. Brown—an arrangement was made for them to go out, and I came again on the Monday morning—there were only two covered tables in the upper room besides Mr. Brown's furniture—Mrs. Appleford told me the prisoner was a bona fide lodger*—I said "You must make a legal declaration"—she said "Will you do it?"—I said "If you will pay me half-a-crown I will write it out?"—I did so and took it to Mr. Culls—he got it attested, and I acknowledged him as a tenant owing no rent—the declaration stated he had paid his rent to the 25th March—I was instructed by Messrs. Watson, Son, and Room to distrain for 150l.—I remained till the 12th January, when Mr. Watson said he had made an arrangement, and I was paid out—en the second distraint in March the prisoner acted for me—on the 20th December Mrs. Appleford came to my place in the almshouse and said "I am come here to satisfy my curiosity; you are got here and I shall endeavour to get you out"—I have been there three months—she threatened to indict me for conspiracy—on going out she said I had been the means of defrauding her of 700l.—I had been examined as a witness at the police-court.
Cross-examined. I said at the police-court I was living at 65 1/2, Fleet Street—I was living there—I could not live at the almshouse as it was being repaired—my wife asked Mrs. Appleford into my house.
ALEXANDER JOY . I am the manager for Mrs. Judkins, of 98, Fleet Street—on the 6th January I was ordered by her to go and remove the fastening off the side door that Mrs. Appleford had put on—Mrs. Appleford came downstairs and pushed my arm as I held a screwdriver—she wanted to know what business I had there—I told her I had authority to come and remove the nuisance, and I should do so—she was summoned—the case was adjourned five times—she never appeared—I looked upon the prisoner as Mrs. Appleford's agent—when I went to remove the nuisance on a second occasion the prisoner prevented me.
WILLIAM POTTS (City Detective Sergeant). On Saturday, 6th January, Mrs. Appleford came to me and stated she wanted a man to take charge of 98, Fleet Street, as there had been an altercation and she was afraid of violence—I went with another officer—later in the evening she said she had telegraphed for her man, but did not know whether he had received the telegram—while I was there the prisoner came—Mrs. Appleford said "Oh, here you are, Mr. Colls, did you get my telegram?"—the prisoner said "No, but you named the place, and I thought I would come over and find you"—I knew the prisoner was a collector in the neighbourhood.
JOHN WHITFIELD ARLAND . I am an artist—I lived at Mrs. Appleford's, at Kennington, about three weeks, about December twelvemonths—I saw the prisoner there two or three times—Mrs. Appleford told me she had arranged for him to act as her agent, as her husband had left her, and there was a dispute between two landladies.
Cross-examined. This statement was made between the 5th and 30th December, during the three weeks I was there.
ELENOR EVANS . I resided with Mrs. Judkins some years as saleswoman—she sells sewing machines and gas regulators—Mr. Appleford was in her employ—Mrs. Appleford used to come and scrub the shop for a shilling, and do the petty washing for a shilling a dozen—her husband left Mrs. Judkins all her letters and answers—this is one: "Dear Alfred, as Mr. and Mrs. Colls cannot afford to board me and child any longer, I must now ask you to send me 2l. by my daughter to enable me to provide necessaries for self and child, as there is no likelyhood of my returning again to business for some long time if ever Yourfaithful wife, Anne." It is dated the 10th February—everyone thought the prisoner acted as Mrs. Appleford's agent.
Cross examined. Mrs. Appleford left Mrs. Judkins's employ on the 24th or 26th February—it was on a Saturday—Mr. and Mrs. Appleford were living at 98, Fleet Street—Mr. Appleford did not desert her—he left in February—I know he lived at Kennington with her.
ABRAHAM WALKER (City Policeman 433). On the 15th January last year I went to 98, Fleet Street—there was a disturbance—the prisoner came down stairs, spread out his arms, and said "I dare you to open that door, I am acting for Mrs. Appleford"—Mrs. Appleford then appeared and said "Here, take the axe and chop the b—b—'s head open"—that meant my head.
Cross-examined. It was about 4.30 Mr. Joy and a number of workmen were there—I saw Mrs. Appleford—she was dressed—no violence was done to any one.
Witness in Reply.
JOHN ATTENBOROUGH . I have been acting as solicitor for Mrs. Appleford—I received a letter referring to this certificate—the prisoner was examined as a witness in Brown v. Appleford—he was asked whether he had been convicted—he said yes—I do not remember the place.
Prisoner. I produce the Norwich Mercury of the 31st March, 1866, which contains an account of the trial and conviction of the man for perjury upon whose evidence I was convicted, and Mr. Baron Martin, in passing sentence on the perjurer, said I was innocent. I received 3l. on the Saturday and 2l.afterwards.I never received anything else from her, although I had to pay for the inventory, the warrants, and other expenses.Mr. Chance let me out on bail for 10l., because he said no jury would convict me.
GUILTY — Three Months' Imprisonment .
NEW COURT.—Monday, February 11th, 1878.
MESSRS. CRAUFURD and LLOYD conducted the Prosecution.
of oatmeal, he gave me a crown piece—I took it into the parlour to my mistress, who came into the shop and told the prisoner it was bad—he said "No, it is not"—she went to fetch her husband, and the prisoner ran out, leaving the oatmeal—I followed him and pointed him out to my master—I fetched a constable.
Prisoner. I went out to see the man who gave it me.
JULIA YOUNG . My husband keeps an oil-shop at Three Colt Lane—on 29th January, the last witness brought me a bad crown—I went into the shop and said to the prisoner "This is a bad five-shilling piece"—he said "No, it is not"—I said "Yes it is, and you know it"—I went out, and when I returned the prisoner was gone—my husband pursued him and caught him—he said to me "You will not charge me, will you?"—I said "Yes, I will make an example of you, for I believe you gave my friend a five-shilling piece in Stepney"—he did not contradict me.
ALFRED YOUNG . I am the husband of the last witness, and keep an oil shop—I went out and the prisoner was pointed out to me by Rosina Salford—I brought him back and gave him in charge with the coin which I received from my wife.
SUSANNAH LARK . My husband is a grocer, at 103, White Horse Street, Stepney—on 24th November the prisoner came in for a quarter of a pound of cheese and tendered a five-shilling piece of 1821—I gave him the change and he left—I afterwards gave it to Jane Ann Taylor to take out—she brought it back—I kept it separate till 29th January, and then gave it to Norris—I have no doubt about the prisoner, I picked him out from several others.
Cross-examined by the Prisoner. I did not pick out another man twice running; that was not my case.
Prisoner. I am certain she is wrong.
JANE ANN TAYLOR . My husband keeps the Hare public-house, Brick Lane, Spitalfields—Mrs. Lark gave me a five-shilling piece, I took it to my father, showed it to him, and returned the same crown to Mrs. Lark.
ROBERT NORRIS (Policeman K 621). I took the prisoner in Mr. Young's shop—I said "Where did you get this from?"—he said "I found it"—I said "Where do you live?"—he said "I shan't tell you"—I found 1d. on him—Mr. Young gave me one coin and Mrs. Lark another.
Prisoner's Defence. I know nothing about it any more than a baby unborn. NOT GUILTY .
MR. CRAUFURD conducted the Prosecution.
GEORGE SMART . I keep the King's Arms, Regent's Park—on 26th January, about 11. 40 p. m., the prisoner asked my barman for half a quartern of the best rum, which came to threepence—I was standing close by—she threw down a half-crown to make it ring—the barman picked it up and handed it to me—I examined it, and the prisoner said, "Do you mean to say that that is bad?"—I said "I have not spoken"—she then. threw down threepence, and said "If the half-crown is bad you can break it up, and I will take it away"—I went round to prevent her going out, and sent for a constable—I told her I had been watching all day for some. one passing bad money, as I had taken one that day and one the day before—before the prisoner was removed Mrs. Williams came into my shop, she lives three doors from me.
MARY ANN WILLIAMS . I am the wife of Alfred Williams, a fishmonger—on 14th January, about 8. 30, I served the prisoner with a pennyworth of fish and twopennyworth of potatoes—she tendered a shilling—I gave her the change, and she pretended to drop the sixpence and searched for it, but it was not found—I put the coin on the bottom counter, and it lay there all the evening, there was no other shilling there—I had seven or eight shillings other money, with some threepenny pieces among it—next evening I gave the shilling to my husband, who took it with him and came back afterwards and gave it to me—on the 15th the lady walked into the shop, asked for threepenny worth of fish and tendered me a shilling—I said "Is it good?" she said, "Try it"—I was trying it and my husband came and bit it in half—I said to the prisoner, "Here is part of the shilling which you gave me last night, which is bad"—she said that she could bring somebody to prove that it was good—I said that I had no other—she gave me a good shilling—I took threepence for the fish out of it, and she gave me the ninepence to keep, for the shilling I had taken the night before—I called in a policeman and gave her in custody—one half of the shilling fell into the coals—I do not know what became of the other half and of the other shilling, the prisoner took half and the policeman half.
ALFRED WILLIAMS . I am the husband of the last witness, and live at 3, Hoxton Place, Regent's Park—on the evening of 15th January my wife handed me a shilling to go to the theatre—I had no other money but eightpence in bronze—I tendered the shilling at the Grecian Theatre, and they broke it in half and returned it to me as bad—I went home and told my wife, and while talking to her the prisoner came in and bought some fish—I have heard what my wife has said; that is correct.
JAMES CROOK (Policeman 181s). I was called to Mr. Smart's shop about 12 on the night of 26th January, and he gave the prisoner in charge for tendering a bad half-crown, saying that she had been identified at the fish-shop—she only said she did not know that the half-crown was' bad, as she got it from a gentleman—she was searched at the station and sixpence and one penny found on her.
Prisoner's Defence. I did not give the shilling; it was a two-shilling piece I gave, and she gave me 1s. 8d. change. NOT GUILTY .
MESSRS. CRAUFURD and LLOYD conducted the Prosecution.
ALFRED LEGGATT . I keep the Three Loggerheads Tavern, Virginia Road—on 2nd January I served the prisoner with half a pint of beer—he gave me a florin; I bent it easily, and told him it was bad—I took the beer back, and gave him the coin back, and told him not to come into the place again—he walked away and said nothing—on the 16th I saw my barman serving him, and after he left I wont to the till, and found a bad shilling and two sixpences—I jumped over the counter and saw him standing opposite with another man—he ran away 300 or 400 yards and into a policeman's arms.
JACOB LEWIS . I am in Mr. Leggatt's service—on 16th January the prisoner came in and tendered a shilling—I put it in the till and gave him sixpence and fivepence—there was no other shilling there, only three sixpences—my master spoke to me, and the prisoner went out—my master took the shilling from the till and went out after him.
PAUL HALLNOTT (Policeman 101 H). I was on duty, and saw Leggatt running after the prisoner and calling "Stop thief"—I stopped the prisoner—he said "It was not me, I never had the money"—I found on him a shilling and twopence good money.
GUILTY — Twelve Months' Imprisonment .
MESSRS. CRAUFURD and LLOYD conducted the Prosecution; and MR. C. MATHEWS the Defence.
THOMAS CLARK . I am shopman at a draper's shop, 386, Bethnal Green Road—on 14th January the child Susan Williams came in for three yards of calico, which came to 5 1/2d.; she tendered a bad fourpenny piece and three halfpence—I told her that it was bad and to go home and tell her mother to come, as she said that her mother gave it to her—she left and did not return—I kept the money—I had seen her before on 8th January at Wilderspin's potato-stall outside our shop, who handed me a bad fourpenny piece—I bent it and gave it back to him—I saw the child again on January 17th in Maple Street, and the mother too, and her child just outside the street-door—Susan went to Mr. Muller's door, and I followed her and spoke to Mr. Muller—I looked in his till and found some coppers and a bad shilling, which I marked—the constable has it and the fourpenny piece.
Cross-examined. Muller's shop is 200 yards from where I saw them standing—the other girl is a little taller.
THEODORE MULLER . I am a grocer, of 27, Cheshire Street—on 17th January a little girl who I never saw before came for some butter—I cannot say whether it was the prisoner Susan—she gave me a bad shilling—I put it in the till where there was nothing but coppers, gave her the change, and she left; Mr. Clark came in, looked in the till, and found the shilling—I tried it and marked it.
ROBERT WILDERSPIN . I keep a potato-stall in Bethnal Green Road—early in January a child who I do not know bought some potatoes of me and gave me a fourpenny piece—Mr. Clark was near, and I gave it to him, he tried it with his mouth and bent it—I said to the child, "Take it home to your mother, and tell her it is a bad one—I never got another bad fourpenny piece from a child when Clark was there.
JANE PHILLIPS . I live at 69, Cheshire Street, and sell tobacco—about three weeks before Christmas the prisoner Susan came in for some tobacco; and tendered a fourpenny piece in payment—I said that it was a bad one; she said she would take it back to her mother, but I kept it, and the prisoner Ann came and said that she wanted her money back, what did I keep it for—I gave it to her—the girl had been there six weeks before for half a pint of ale and gave me a sixpence—I put it in my pocket where there was no other silver, and gave her the change—five minutes after she had left I found it was bad, and gave it to Warner.
CAROLINE POOLE . I keep a general shop at 50, Cheshire Street—the prisoners are neighbours of mine—the child came to me last August for a quarter of a pound of yellow soap, and tendered a shilling—I doubted it, but knowing her I gave her the change and put it in the till where there was no other money—a few minutes afterwards another little girl came in and asked me for a shilling for sixpenny worth of halfpence and sixpence; my husband gave her this shilling, and three or four minutes afterwards she came back and said that it was bad—the girl was this girl's bigger sister, and she told me that her other sister gave it to her—I recognised it as the same shilling, I am positive of it—I gave it to the constable.
Cross-examined. That was on the Bank holiday.
WILLIAM WARNER (Policeman K). On 18th January I, went to 83, Maple Street, and found Ann Williams there; she said "Oh, Lord! what are you coming about, is it money you want?"—I said "What have you got in your hand?"—she tendered me some money—the younger prisoner came in and commenced crying—I said "You will be taken in custody for passing bad money in shops in the neighbourhood"—she said "I know nothing about it."
ALFRED DYKE (Policeman). I went with Warner to Maple Street—I asked Ann Williams who that man was she was with yesterday—she said "Stephen Kean"—I said "You know he has been in trouble"—she said "Yes"—Kean is a well-known coiner and has been convicted of coining—I produce a fourpenny piece which I received from Clark, and two shillings, one of which I received from Muller.
Ann Williams's Defence. It was me that sent my little girl in for six-pence and sixpenny worth of halfpence, and I should not have done that if I had sent a shilling in before. I was not at home from 5 till 10.30 at night. NOT GUILTY .
CATHERINE PERRY . I am barmaid at the Bricklayers' Arms, Nassau Street, Limehouse, kept by John Moore—on Saturday, 26th January, about 4.15, I served the prisoner with a quarter of a pound of tobacco; he gave me a half-crown; I told him it was bad, and told Mrs. Moore, who asked him where he got it—he said that a sailor gave it him in the Highway—he returned the tobacco as he said that he had not money to pay for it, and took a pennyworth, which he paid for with coppers—I spoke to my master, who went after him.
JOHN MOORE . I keep the Bricklayers' Arms—on 26th January I was called by the barmaid and ran a long way and caught the prisoner, who was 40 or 50 yards before me—I asked him where the half-crown was—he said "Here it is," and gave it to me—I gave him in charge with the half-crown.
Cross-examined by the Prisoner. I put it in my pocket and pulled it out again with a lot of silver, but I had no other half-crown—I had taken bad money on several Saturdays, and I had two bad florins and a bad shilling in my pocket.
JOHN CLEMENTS . I keep the White Hart, Queen Street, Ratcliff—on 4th January the prisoner came in for a penny worth of tobacco, and gave me a bad shilling—I said "Where did you get this from?"—he said "I got
it up the Highway;" I was selling songs and got it of a sailor, and gave him 11 1/2d.—I took the tobacco from him and let him go. ARTHUR EEYNOLDS (Policeman K 617). I took the prisoner—he said that he had no address; Mr. Moore gave me this half-crown.
Prisoner's Defence. I get my living by selling songs. I sold one of these songs (produced) and gave the man change for a half-crown. I then went to buy some tobacco and the barmaid said that the coin was bad. I know nothing about the shilling. I was not put among others to be identified. Mr. Sutton, the landlord of the place where I live, can prove that I was in Woolwich.
241. JOHN DRAPER (27), to Burglariously breaking and entering the dwelling of Charles Rea, and stealing three rings and other articles, his property.— Eighteen Months' Imprisonment . [Pleaded guilty: See original trial image.]
OLD COURT.—Tuesday, February 12th, 1878.
Before Mr. Common Serjeant.
242. EMMA TOPP (23), PLEADED GUILTY to Feloniously forging and uttering an order for the payment of money, with intent to defraud, also to Stealing a pair of sheets, and other articles, of Isidore Sigismund Gordon.— Two Months' Imprisonment .
243. GEORGE GOLDRING (36), to Stealing, whilst employed under the Post-office, a post letter, containing a sovereign, the property of Her Majesty's Postmaster General.— Five Years' Penal Servitude . [Pleaded guilty: See original trial image.]
MR. POLAND conducted the Prosecution; and MR. BESLEY the Defence.
ALBERT EBENEZER LAMBERT . I live at 13, Colton Street, Mile-end—I was a warehouseman in the service of the Carron Company, in Thames Street, for two and a half years—I am 23 years of age—the company sell ranges and ironwork of all descriptions—when I sell property I do not know the price of the articles, they have a number—on Thursday, 17th January, I was at the warehouse—about 12 o'clock I saw the prisoner there, he had been there on previous occasions and I had sold him goods—I knew his name but not his address—he asked me for a jamb-plate and copper door (I wont with him into the underground part of the warehouse) the value of which I believe would be 8s. 3d.—after selecting them I went with him upstairs—he said he wanted to look at some ranges—I took him up to the third floor, and he selected a closed range—he then said "Can you let me have the range without the people in the counting-house knowing anything about it?"—we went on explaining the working of the range for a few minutes, after that he said if I would
let him have it he would give me 30s.—I hesitated for some time and afterwards said I would try and do so—nothing more passed—we went down into the warehouse—I saw Mr. Stevens, the warehouse clerk, and had the jamb-plate and copper door booked—I got this check and filed it in the counting-house—that was to enable the cashier to make out the invoice—I left the prisoner in the counting-house to pay for the articles—I returned to the third floor and lowered the range into the prisoner's truck which was in the yard, in charge of his man, Bryant—I then went over to a public-house, the prisoner beckoned me there—we had a glass of ale, and he gave me 10s.—he said he was short of money, or he had no more money—nothing was said about my getting the other 20s.—we did not remain more than two minutes in the public-house, and when I went back to the yard the truck had gone—next evening, about a quarter-past five, Bryant came to me, he made some statement—I then found that when I had lowered the range the stop-cock and the bottom plate had been accidentally left behind; I gave them to Bryant—I did not have them booked—shortly afterwards I was sent for, and Mr. Young spoke to me on the subject; he had the stop-cock and bottom, they had been taken from Bryant—I told Mr. Brown, the assistant manager, all that had occurred with the prisoner the previous day—on Monday, the 21st, I went with Moss, the officer, to 37, Pigot Street, Limehouse, and there saw a kitchen range, which I identified as the one I had lowered down.
Cross-examined. The prisoner had told Mr. Brown where he had fixed the range—it had another top and bottom to it, not our manufacture—a discount of 25 per cent, is allowed by the firm to small tradesmen for cash only—the prisoner has paid cash on many occasions—I had never had such a transaction as this before—I said nothing about this till Bryant had been brought back by Mr. Brown.
WILLIAM BRYANT . I am a labourer—I cannot read or write—on Thursday, 17th January, I went with the prisoner and a truck to the Carron Company—a range was lowered by Lambert down into the truck which had the prisoner's name on it—I wheeled it away—I thought it was all right—next morning the prisoner gave me this bill and told me to go and get the bottom and cock and see Lambert—I went and got them from Lambert, and as I left I was stopped and the things were taken from me—I afterwards told the prisoner what had occurred.
Cross-examined. I had been at work for the prisoner 12 months as a bricklayer's labourer—he told me about 11 on the Thursday morning that he wanted me to take the truck to the Carron Company and fetch away a range—I knew of Mrs. Langford's order to have a kitchen range put into her house in Pigot Road—I took the range there next morning—I had been at the Carron Company's place several times before—I did not know there was anything wrong in this matter—I was not hurrying away when I was stopped.
WILLIAM CAIN . I am cashier in the service of the Carron Companyon 17th January I made out this invoice of the jamb plate and copper door from this check which I found on the file—the price was 8s. 3d. with the discount off—the prisoner paid me and I gave him a receipt—Lambert brought him into the counting-house and left him there—those were the only two articles that I received the money for—they were booked to the prisoner—on the Monday following I saw him in the counting-house—between 9 and 10 a. m.—he said "I am the man who had the range",
and I went and called the manager's son—the police had been communicated with—at that time the range was never entered, and I was not aware that it had been taken away—we do not as a rule give credit to small dealers like the prisoner.
FREDERICK FREELING YOUNG . I am warehouse clerk in the employment of the Carron Company—on Friday evening, 18th January, between 5 and 6, I saw the witness Bryant hurrying out of our yard—I stopped him and took him back to the warehouse and found that he had this stop-cock and bottom—he showed me this invoice and made some statement—on the Monday I went with the police sergeant and Lambert to 37, Pigot Street, and saw the range, which I identified as our property.
JOHN MOSS (City Detective Sergeant). I was communicated with about this range—I saw the prisoner on the Monday morning in Thames Street near the Carron Company's premises—I told him that—I was a police officer and that he was accused of having received a kitchen range and also inciting a warehouseman named Lambert to steal the same—I asked if he had any explanation to give, and I took down his statement—he said "All I have got to say is that I had not got sufficient money to pay for the range, and I would call on Monday to pay for it; I gave the man half a sovereign for himself, 2d., and a glass of ale"—I asked him the name of the man—he said "Bryant, I sent him for the tap and bottom; if I had meant anything wrong I should not have sent the man, I should have come myself"—he said the price of the range was 2l. 18s. or 2l. 19s., deducting the discount—I asked him where the range was—he said he had set it in a house of Mrs. Langford's in Pigot Street, Limehouse—I said "You must have known that it was unusual for goods to leave the premises in that way, not invoiced—he said "Yes, but they would not let me have the range on credit, I meant paying them for it"—I searched him and found 4l. 2s. 10d. on him.
THOMAS BROWN . I am in the service of the Carron Company—in the absence of my father I attended to matters on the Friday—in consequence of what I heard I wrote to the prisoner requesting him to call on Saturday at 12—he did not call on Saturday—I saw him on the Monday morning about 10 o'clock, Moss was there when he came—a person in Lambert's position never receives money for goods, they are always paid for at the counting-house.
Cross-examined. I did not post the letter myself—the prisoner had seen Mr. Cain before I was called.
MR. BESLEY called the following Witnesses for the Defence.
REUBEN LAMUDE . I am a wheelwright and blacksmith at Limehouse—on Thursday, 17th January, I saw the range on the truck near the prisoner's place of business and had some conversation with him about it, I had never seen one like it—I said it was three feet long; he said no, and I measured it and it was two feet ten—I asked him what it cost—he said he had not paid for it yet—nothing was said about where it came from—I have known him fourteen or fifteen years, I have done a great deal of work for him, and always found him honest and upright.
HENRY IVES . I am foreman to Messrs. Blundell Brothers, of West India Dock Road—I have had business transactions with the prisoner for ten years, but. I have known him 12 or 14—he has borne an irreproachable character; I have trusted him with thousands of pounds, worth of property—he has worked for our firm—on Thursday evening,
17th February, he was inquiring for me, and I saw him on Friday morning—he asked me if I could certify for some jobs he had been doing, as he wanted the money to pay for a range he had been having from the Carron Wharf, which he had promised to pay for.
Cross-examined. My employers owed him money, 4l. or 5l. I am not positive of the exact amount—I told the cashier to advance him 4l. on the Friday—some of it had been owing two or three weeks, for jobbing-work—perhaps more—he might have had it before, I dare say, if it was convenient to them to pay it.
Re-examined. The cashier said he did not think it possible to pay him that day, but he would endeavour to do so on the Saturday—I said "Well, he wants the money; pay him if convenient"—he could not get it without my certificate.
Other Witnesses deposed to the Prisoner's good character. NOT GUILTY .
MESSRS. GRIFFITH and TAMPLIN conducted the Prosecution; MR. GILL appeared for Walker, and MR. FULTON for Smith.
GEORGE MATTHEW GIBSON . I am a partner in the firm of Devas, Routledge, and Co., 20, Cannon Street—the prisoners were in our employment, Walker as foreman of the cutters, whose duty was to overlook the clothing department; and Smith as a cutter—on Monday, 11th January, in consequence of information I received, Mr. Routledge, in Smith's presence, said to Walker "How do you account for the parcel that was taken out on Friday?"—he said "I bought it myself"—Mr. Routledge said "You had better be careful, as we know all about it; I have got evidence to refute that"—Walker then said "I had the clothes made up in the department and sold them to Smith for 26s."—a policeman was there and they were given into custody—our employes are allowed to purchase goods for themselves or friends, but not without a permit; if they got a permit they would be entered in due course, and when executed would go through the entering-room, just as in the case of an ordinary customer—they would not be allowed to leave the premises until paid for—there is a workman's door by which the workmen come in—it would be against the rule for parcels to go out at that door.
Cross-examined by MR. GILL. Mr. Routledge is not here—I received the information on the Friday evening, it might have been on the Saturday morning—the hours on Saturday are from 9 to 2—Walker would have a good deal of valuable property pass through h is hands—Tansey, the detective, was present in plain clothes when Walker was spoken to by Mr. Routledge—I never heard of goods purchased by our servants going out without being paid for—I can't swear that it has never taken place; it would be irregular—there was a fire near our premises on the Saturday, which caused some excitement.
Cross-examined by MR. FULTON. I did not wish to press the case before the Lord Mayor, I wanted to make it as lenient as possible; I left it entirely in the Lord Mayor's hands—Walker stated there that Smith was innocent of any felonious design in the transaction.
January, about 10 minutes to 5, Smith came to me and wanted me to take an order in hand for him for a pair of black trousers and waistcoat—it passed over till Wednesday, and I declined to take it, as I had an order in hand from the firm at the time—it is usual for the workmen to have a permit from the firm if they want clothes made up, and I advised Smith to get a permit in the usual way—Walker afterwards brought me a sheet, and I cut out the things—on Friday, the 11th, as I was going downstairs, I saw Arenberg going out with a parcel through the workmen's door, which I thought not the right way—I afterwards went to Chapman's public-house, at the corner of Bow Lane—Smith came in with a parcel under his arm—I said "Have you got the stuff all right?"—he said "Yes"—I said "Have you paid for it?"—he said "Yes"—I said "Did you get a receipt?"—he said "No"—I said I thought he was a fool—we afterwards went to the Poulterers' Arms—I asked him to show me the goods, and he did so; they were the trousers and waistcoat that I had cut out—they are worth 22s.—he said he had made up his mind to give information to Mr. McPherson—he is the buyer and manager—I afterwards spoke to Mr. McPherson.
Cross-examined by MR. GILL. I am a pattern-cutter—I was under Walker—when Smith came to give me the order I advised him to put it into the hands of Walker, and I got the order to cut out the things—I don't know at what time the cashier left on Friday—I told Smith he was a fool to pay fur them without taking a receipt, as he might have to pay a second time.
SOLOMON ARENBERG . I am a cutter in the prosecutor's employ—on 11th January, between 4 and 5 o'clock, Walker said to me "I nave got to meet Mr. McPherson, will you oblige me by taking my overcoat downstairs and leave it at the public-house at the corner of Friday Street?"—it was wrapped in a sheet of brown paper, and I took it out at the workmen's door and left it at the bar of the public-house.
Cross-examined by MR. GILL. I did not think there was anything wrong or I should not have taken it—I was spoken to on the Monday by the detective, and then told this.
Re-examined. If I had known that the parcel contained new clothes I should not have taken it out at that door.
FRANCIS BAKER . I am a house painter, of 3, Oswald Terrace, Peckham—Smith lives a few doors from me—about 7th January I gave him an order for some trousers and a waistcoat, and on Friday he brought them, and I paid him 36s. for them.
Cross-examined by MR. FULTON. I had known him about 12 months—I always found him honest and respectable.
DUNCAN MCPHERSON . I am manager of the prosecutor's clothing department—Smith first entered the service in July, 1877, and left on 9th November—he returned on 6th January—the employes are supposed to know the rules and regulations of the firm; they become acquainted with them by practice—if they want a garment they go to the department and ask for it, and it would be entered—they would not be allowed to leave
the premises without payment—we close at 6 o'clock, and on Saturdays at 2 o'clock.
Cross-examined by MR. GILL. On this Saturday there was a good deal of excitement on account of a fire close by—I have known clothes taken away without being paid for; that would be by a buyer—I have done it, but not before they are entered.
The Prisoners' Statements before the Magistrate. Walker: "I am guilty, but Smith is innocent of the charge, and he knows nothing about it." Smith: "I have nothing to say."
The Prisoners received good characters.
WALKER— GUILTY—Recommended to mercy by the Prosecutor — Four Months' Imprisonment . SMITH— NOT GUILTY .
248. CHARLES MEAD (22), Stealing, whilst employed for the Postoffice, two post letters, containing four Bank of England notes, the property of the Postmaster-General, and JONATHAN COKER (23), Feloniously receiving. MEAD PLEADED GUILTY .
MR. METCALFE, Q.C., and MR. BAGGALLAY conducted the Prosecution; and MR. PURCELL defended Coker.
GEORGE DAVIDSON . I am cashier to Messrs. Wilson and Glenny, Scotch tweed manufacturers—on 5th November last I made up two letters, addressed to Mr. Cowan, and two letters addressed to Mrs. John Graham, containing the halves of four 5l. and one 10l. bank notes, and the corresponding halves—I put one letter for each party into the office letter box, the other two I put on Mr. Glenny's desk—the notes I put in the box were afterwards brought to me stamped, and I put them in the letter bag belonging to the firm, which was given to Robert Oliver, the message boy—I took the numbers of the notes—I produce it.
JAMES GLENNY . I am one of the firm of Wilson and Glenny—on 5th November I gave instructions to my clerk, Davidson, and afterwards found two opened letters on my desk, one addressed to Mr. Cowan, the other-to Mrs. Graham—I closed the envelopes and placed them in the letter box for post.
ROBERT OLIVER . I am a messenger at Messrs. Wilson and Glenny's—it is my duty to take the letters from the letter box and stamp them—I did so on 5th November, and gave the letters to Mr. Davidson—he examined them and put them in the office letter bag—I afterwards took the letter bag to the post-office and posted all the letters.
JOHN CLEGG . I am an inspector of letter carriers of the Eastern Central District Office at the General Post-office—Mead was employed there on 6th November—unsorted letters coming from Scotland would come into the Eastern Central Office for delivery and into the part where the prisoner was on duty—I know Coker well—he resigned on the 20th
February, 1875—he was in the same office as Mead, and at the same time—Mead was appointed in 1870 I believe.
Cross-examined by MR. PURCELL. Coker was employed in the office four years—when arrested he was employed as clerk at the Bricklayers' Arms station—I have not heard anything against his character.
HOLMAN SMITH . I am a clerk in the Bank of England—on reference to my book I find that I took four notes and endorsed one "Elwood" and the figure 4—the address in Tooley Street was there before—I do not take the numbers of the notes—I cashed them.
GEORGE HACKMAN . I am a cashier in the Bank of England, and stationed about half a dozen yards from Holman Smith—these three notes were presented to me on 7th September—I think about 1 o'clock—the name "W. Thompson, 4, King's Road, Bedford Row," was endorsed on two of them—1 cashed the notes, giving gold in exchange—I do not know the person who brought the notes.
CHARLES JAMES STEPHENS I am a clerk in the missing letter department of the Post-office—in consequence of what occurred in the Eastern Central District Office I investigated the matter—ultimately Coker was brought to me at the Post-office by Butler—I said to Coker "I wish to put a few a few questions to you. Do you know a person of the name of Charles Mead?"—he said "Yes, I was formerly in the same office"—I said "Has he over given you any Bank of England notes?"—he replied "No"—I said "Has he ever sent you any, or the proceeds of any, Bank of England notes through the post?"—he replied "No"—I then produced the seven notes, and pointing to the endorsement, "W. Thompson" and "Jacob Elwood," said "Do you know anything of these?"—he said "Yes, that is my writing," pointing to the endorsement—he also said "Mead gave them to me and told me what names and addresses to write upon them. He sometimes used to give me half a sovereign. I understood they were proceeds of a betting transaction." He also said that Mead told him to get them changed at the Bank of England, and what names and addresses to write upon them—I then asked him if Mead had ever given him any other notes to get changed at the Bank of England—he replied "Yes, and he told me what names and addresses to write upon them"—I asked him if a portmanteau which was in the room was Mead's—he said "Yes, he sent it to my house"—I said, "Did you know it was coming?"—he replied, "Yes, he sent me a telegram to say that it was coming"—Mead was then in another room.
Cross-examined by MR. PURCELL. Mead and Coker were afterwards confronted—when Mead was asked if he gave Coker the notes he said "Quite right, I did"—Coker was not under my observation, he resigned in Feb-ruary, 1875.
EDWIN BUTLER . I am a police-constable attached to the Post-office. On the 14th January I saw Mead leave the Post-office. He was joined by Coker, and they walked to the Bank of England and then separated—the next day I saw Coker at the Bricklayers' Arms station of the South Eastern Railway, about 2 o'clock, where he was employed as a temporary clerk—I said to him, "I am a police-officer in the General Post-office, I want you to go there"—he said "All right"—I said "Do you know a man named Short"—he replied, "No"—I said, "Do you know a man named Mead"—he said "Yes, I know Mr. Mead"—I said, "Do you not know him as Short"—he said, "Well, I do and I don't"—I said, "Mead is in custody at the General Post-office on suspicion of stealing letters"—he said "I am very sorry to hear that"—I said, "It is believed that you are implicated in the matter, and you will have to go to the Post-office with me for the matter to be investigated"—he said, "Very well, I know nothing about it"—I told him I had a cab outside and I wanted to take Mead's portmanteau with me also—he said, "Very well, it is at home, you can go and get it"—I went in the cab with Coker to 11, Rolls Road, where he lived—I found the portmanteau in Coker's bedroom—Mead lodged at Poplar—I asked Coker what was in the portmanteau—he said he did not know—I took Coker and the portmanteau to the Post-office—I have heard the witness Stephens narrate the conversation—it is quite correct—I cautioned Coker—I afterwards saw the two prisoners confronted, but before that Mead said he should like to see Coker—Mead shook hands with Coker and said, "Cheer up, Jack, we have got into it at last"—Coker nodded assent, but did not say anything—Mead was rather jocular, and said, "We shall have a chance of seeing Kurr and Benson now"—Coker said, "Pretty pals them."
Cross-examined by MR. PURCELL. I found the portmanteau was locked—I have not found the key but I have opened it and found stolen property in it—I saw Coker's landlady, and inquired about him—I cannot say I heard anything against his character.
COKER— GUILTY — Five Years' Penal Servitude .
MEAD.— Seven Years' Penal Servitude .
NEW COURT.—Tuesday, February 12th, 1878.
249. HUGH KEMP (21), Feloniously forging and uttering an acceptance to a bill of exchange for 50l. with intent to defraud. The prisoner. having stated in the hearing of the Jury that he wished to withdraw his plea of Not Guilty, the Jury found a verdict of GUILTY — Eighteen Months' Imprisonment .
250. JOHN SMITH (20), Robbery on John Lewis and stealing from his person one coat his property. Upon the opening of MR. DENISON for the Prosecution, the COURT considered that this was not a case of highway robbery, but of a street quarrel, and helping the Prosecutor off with his coat to encourage a fight; moreover the Grand Jury had ignored the Bill against ALFRED DAVEY, who was originally charged with the Prisoner. NOT GUILTY
MR. MILWOOD conducted the Prosecution; and MR. AUSTIN METCALFE defended Allen.
DANIEL ALDRIDGE (City Detective). I am stationed at Enfield—on 24th December, about 5. 40, I was on duty in Nag's Head Lane and met the two prisoners and a man not in custody—I heard one of them say "Well, go and see"—two of them went to the front garden of Aldborough Villa, where Mr. Savage lives—Allen passed me and Knight and the other went into the garden—I went to two cottages and ascertained that there was no one living in the house—I obtained assistance and went back and saw Allen go back to the house again—I found the front door open—I stationed two men at the back and two at the front and saw Allen come back again—I rushed out and caught hold of him, and said "I shall take you in custody for being concerned in breaking into this house"—he said "I have been down with a female, I had nothing to do with it"—he tried to get away and I threw him down—Knight came up and held up this jemmy to strike me, but I hit him on the head with a walking-stick and knocked him down—he attempted it again and the stick and jemmy came in contact—he attempted it a third time, and I knocked him down again—the witnesses came up and I saw fire fly out of two iron instruments—they all rushed to the hedge together and the prisoners were taken—on Knight was found this dark lantern wrapped up in Reynolds's Newspaper, two half return railway tickets, some silver, some bronze, and some lucifers—on Allen was found some silver and bronze, half a railway ticket, and a portion of Reynolds's Newspaper—Collins gave me this jemmy—I went back to the spot and found this other half railway ticket—I found marks on the door of the house corresponding with the double claw of this jemmy—on 18th January James pointed out to me the spot where he found some skeleton keys, that was the place where they all went into the hedge together.
Cross-examined by MR. A. METCALFE. I first saw Allen at 20 minutes to 6 with Knight—he was carrying an umbrella—I was not in uniform—the scuffle took place six or seven minutes after I first saw them.
Cross-examined by Knight. On searching you I did not rip this newspaper in two.
NATHANIEL COLLINS . I am a gardener, of Nag's Head Lane, Enfield—on 24th December, Aldridge came there about 5. 30, and in consequence of what he said I went with him to Mr. Savage's house, and saw him lay hold of Allen and throw him on the ground, and Knight came out to strike him with a jemmy, but was knocked back three times, and Lawrence hit him and knocked the jemmy out of his hand.
Cross-examined by Knight. You struck me with the jemmy on my left arm.
Cross-examined by MR. METCALFE. I had not seen Allen before that night—he was not dressed exactly as he is now; he had a white handkerchief round his neck and was walking on the public footpath—I think he had an umbrella in his hand.
GEORGE LAURENCE . I am a labourer, at the Nag's Head, Enfield—on the evening of 24th December, about 5. 40, Collins called me to assist him; Replaced me in the front garden of Mr. Savage's house, between the gate and the front door—soon afterwards I heard Aldridge call out, and saw Knight strike at Aldridge, and then he struck at me—I struck him with a short poker, and cut his hand; he went along the path and I
struck him four times on the legs, and after he recovered I struck him once mere, and then the policeman took him.
ANN LEE . I am servant to Mr. Savage—I locked up the house at 9. 30—I left the front door safe, took the key with me, and locked the front gate—three skeleton keys were afterwards shown to me, and I saw the inspector open the gate with them.
ROBERT GOULD (Police Inspector). This jemmy was brought to the station—I took it to Mr. Savage's house, and found that the claw of it corresponded with marks on the catch of the lock—these 19 skeleton keys were handed to me.
WILLIAM WOODBRIDGE (Police Sergeant). On 24th September, about 6 p. m. Aldridge brought the prisoners to the station, and charged them—on Knight was found 17s. 6d. in silver, four pence, a knife, a pencil, a fuzee box and matches, a lantern, end a portion of Reynolds's Newspaper, and on Allen a portion of Reynolds's Newspaper, some dubbing, and other articles.
Cross-examined by Knight. The jemmy was not found on you, it was found opposite the house—I did not take Reynolds's Newspaper from you, rip it in two, and wrap the other things in it.
Knight's Defence. I did not interfere to hit him, I simply defended myself when they were hitting me. I met a man who asked me if I would go with him. I said, "Where?" He said, "To get some money." I went to Cambridge Heath railway-station with him, and he gave me a sovereign to get two tickets. I offered him the change; he said, "No, I have got holes in my pockets, I will lend you that for your wife and family." When we got to Enfield he burst the door of this house open and asked me to go in. I said, "No, I won't, I will go home; here is your ticket," and as I was going along I got knocked down and lost the ticket. I was taken to the police-station, and they took that newspaper from me and ripped it in two, and now bring it forward as evidence against me.
D. ALDRIDGE (Re-examined). When I saw Allen first they were all three together—it was close under a lamp—they stopped directly I passed them—I stopped a little while in the dark, and as Allen passed me I had a good look at him, and I afterwards saw him a third time.
GUILTY . KEIGHT— Five Years' Penal Servitude . ALLEN was further charged with a previous conviction in August, 1865.
HERBERT REEVES (Sessions Officer, House of Correction). I produce a certificate. (This certified the conviction of George Henry Langford in August, 1865, when he was sentenced to Twelve Months' Imprisonment.) I had him in my custody—the prisoner Allen is the man.
(Recommended to mercy by the Prosecutor.)— Twelve Months Imprisonment . [Pleaded guilty: See original trial image.]
255. JOHN MONTAGUE (29) to Burglariously breaking and entering the dwelling-house of Thomas Dodson and stealing therein three pairs of trousers and other articles, his property, after a previous conviction at Clerkenwell in February, 1868, in the name of Frederick Jones.— Ten Years' Penal Servitude . [Pleaded guilty: See original trial image.]
257. GEORGE EDWARD MILES (29) to two indictments for Feloniously marrying Mary Callaghan and Lucy Blundells during the life of his wife.— Nine Months' Imprisonment on each indictment, the second sentence to commence after the expiration of the first . [Pleaded guilty: See original trial image.]
OLD COURT.—Wednesday, February 13th, 1878.
Before Mr. Justice Mellor.
MESSRS. POLAND, STRAIGHT, and MEAD conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
ELIZABETH BURGESS . I live in Catherine Wheel Court, New Brentford—I am the widow of Bernard Burgess—the prisoner lodged with us for about two years—my son Henry and two daughters also lived at home—on Monday, 14th January, about 12 o'clock, while I was with my daughter, my husband came in-to dinner—the prisoner came in soon after, and went straight through into the back yard—my husband said something to me; I can't say whether the prisoner could hear what he said—my husband then went out into the front yard, and in a few minutes after the prisoner followed him out, but did not speak—I fancied that I heard a bother in the yard, and I went to the front door and saw my husband lying in the yard—he appeared unconscious—the prisoner was close to him—I said "Dear me, what is the matter?"—the prisoner replied "Missis, I am truly sorry for what I have done"—he and others helped my husband into the house, and he was put on a bed in the front room—he never spoke—the doctor came in a few minutes—my husband died about 10 o'clock on the Tuesday night—the prisoner was taken into custody about 1 o'clock on the Monday.
Cross-examined. When my husband came home I said "Are you going to have your dinner, Bernard?"—he said "No, I don't want any"—I said "Why?"—he said "I shan't have any more victuals in this house till there is an alteration"—he charged me with improper conduct with the prisoner—I said "I am innocent of what you are accusing me of"—it was not true—there were no words between him and the prisoner at that time—the first thing I saw was my husband lying on the stones.
MARY ANN RUTTER . I live in New Road, Ealing Lane—on Monday, 14th January, just after 12 o'clock, I was going down Catherine-wheel Yard, and as I passed Burgess's house I saw Burgess come out and go partly across the yard—I then saw the prisoner come out; he grated his teeth very much at Burgess and then he violently shook him, and then he gave him a blow under the ear and knocked him down—he did Dot get up again—he never spoke or moved—I only saw the one severe
blow—while the prisoner was shaking him he said "I don't care what you do to me, but I will not be spoken against; you may hang me if you like, but you shan't say such things about me"—he used abusive language to him, calling him b—s—, and such things—Burgess did not strike him at all, I did not hear him speak to him—he seemed to back from the prisoner; there was a large ash box in the yard and he shuffled over near that and fell on some stones that are raised up there; the blow sent his head on to the stones—some men came and carried him indoors.
EDWARD SEPTIMUS EARL . I am a Fellow of the Royal College of Surgeons, and divisional surgeon to the police at New Brentford-on Tuesday morning, 15th January, a little after 11, I went to see Burgess—I found him insensible and suffering from compression of the brainI examined his head—over the right ear I found a wound about an inch and a quarter in length; it was a contused punctured and lacerated wound; the puncture was very small, in the centre of the wound; it did not reach the bone—it is possible to have been caused either by a direct blow from the fist, or by falling on a hard substance like a stone, which is more probable.
GUILTY of Manslaughter. The Prisoner received a good character.— Fifteen Months' Imprisonment .
ANNIE POTTER . I am the prisoner's wife—in consequence of some differences between us I was living apart from him in January last—on 18th January I was staying with Mrs. Beresford in the East India Road—I saw my husband on that day, when he shot me—I was only just up—I had been ill in bed all day—it was about five in the afternoon—I had sent for him, and some one told me he was waiting to see me—I came up the stairs from the kitchen—I did not see him at all—he stood in the dark in the parlour, there was no light there, only in the hall—Mrs. Beresford followed me upstairs, and I said to her "Where is he, Mrs. Beresford?"—he said "Here I am, my dear"—I said "How can you dear me, when you know you have been unkind to me?"—I don't remember hearing him reply—I saw the flash of fire in my face, and heard the report of a revolver, and I remember nothing more till I saw him with the policeman—I felt no pain—I found my hand was full of blood.
Cross-examined. I was living with my husband not quite two years—I don't know that he left his occupation as a seaman on our marriage—he purchased a business—we were very happy together—he was affectionately disposed towards me in one way, but he did not care to work for me—the business might have been profitable, but he sold it and left me—he did not take a home for me or provide for me—he did not take a house for me at Blakeney; I had a house there, but I could not support myself, I went home to my father and mother—my mother hired the house for me, it was not at the prisoner's instigation—I ceased to live with him last November twelve months—I only saw him once since, in February last year—during that time he has entreated me to return to him—I refused to do so—there was a child born of the marriage—he asked to see the
child when he came in February—for the moment I would not let him see him, but I did bring the child for him to see, and he took it and kissed it—I did not refuse to tell him its name—he asked me its name, I said "You know it as well as I do"—he said "I forget it," and I told him it was Henry William—I believe that was in Mrs. Beresford's presence—I came to stay with her at Christmas on her invitation—I am a milliner and dressmaker—I was never a nursery governess—I did not know Robinson before I came to Mrs. Beresford's, he was a lodger there—there was no correspondence between me and Robinson—I had one letter from him, I burnt it after giving it to Mrs. Beresford to read, it was concerning business—during my stay at Mrs. Beresford's Robinson and I went out together on two or three occasions, once in the evening—when he has had me out for a long walk he has asked me to take something, and I have had it—I don't know where, I am a stranger to London—I think one place was in the Strand and one in Holborn—we returned home late on one occasion when we missed a train—I once went to the Adelphi Theatre with him, not to any other place of amusement—I did not know then that I had a husband, I never heard a word of him for nine months—the last letter I had from him was from Greenwich Hospital, and I did not know whether he ever came out—I made no inquiry about him—I never told him that I had got another man in his place, or any words to that effect—I never said so to Mrs. Beresford or to any one—I don't remember shaking my fist in his face, I don't think I did—I know Burnham and know a man there named Savory, the landlord of the house where we lived—I never went out with him—I never spoke to him only on business—I never heard the prisoner breathe his name only on business—I never told him that I would go out with Robinson.
Re-examined. My husband was suffering from a dreadful disease in Greenwich Hospital—last November twelve months he came home a complete bunch of dirt and rags, with a horrible disease about him, and I refused to live with him for that reason—I believe the writing on this envelope (produced) to be his.
MARY BERESFORD . I am the wife of Alfred Beresford, of 146, East India Road—on 18th January Mrs. Potter was staying with me—the prisoner came there about 2 o'clock and asked if I was in—my little girl said yes—he asked if his wife was in, she said she was ill in bed—he came down into the kitchen and said "Is my wife ill?"—I said "Not particularly ill, only she has got a bad headache"—he said he would like her to sign a paper of separation—I said "I will tell her what you say"—he said "All right, I should like to see her, and she can speak for herself"—I said "Certainly, so she can; you can see her, but don't come to-morrow; being Saturday, I shall be busy; come on Monday morning and then you can talk it over"—he then went away—later in the day she sent my little boy to him to tell him not to come—after that, about 5 o'clock, the prisoner came again—I told him that I had told his wife what he had said, and she was annoyed at it—I then went downstairs and told her that her husband was upstairs in the passage—I had left him standing just inside my parlour door; there was a light in the passage, but not in the parlour—his wife came upstairs, I followed her—he said "Hallo, my dear"—she said "Why do you call me your dear when you say that I tell lies?"—he said "You do tell lies, and you always did tell lies"—she said "You say that I told lies while I was in Weymouth; who
do you know that I told lies to when I was in Weymouth?" and she said "I will murder you"—she was standing opposite to him at the time; he was standing in the doorway and she was opposite the door—she put her fist up and said "I will be hung for you"—she was very angry when she said "I will be hung for you"—he said "Will you?" and he deliberately fired in her face with a little revolver—I did not see where he took it from, I saw it in his hand and saw the blaze in her face—he was about a yard from her when he fired—I did not see whether the shot took effect, I turned round and ran downstairs, and she followed me—I met Mr. Robinson on the stairs, coming up, having heard the report, and the prisoner fired at him on the stairs; I did not see whether he hit him—Robinson reeled off the stairs, he did not fall—I went on down the stairs, and Mrs. Potter clung to me at the foot of the stairs, and while she was clinging to me the prisoner fired another shot—I don't know who he fired at, but the bullet went through my left breast; he was on the stairs at the time, it might be one or two stairs above me, I could not say—we then went into the back kitchen, and Mrs. Potter fell down at my feet, and he followed us in and shut the door and fired again at her as she laid at my feet—I saw him point the revolver at her—I then said "Pray don't shoot me"—he said "No, I won't, I did not intend to hurt you"—Mr. Robinson then pushed the door in, and the prisoner fired again at him, and said "You and all"—that shot went into the door—Robinson made his way in and I ran out—the constable afterwards came and the prisoner was taken away—he seemed excitable, that was all.
Cross-examined. I never had any quarrel with the prisoner—I don't think he intended to hurt me, but he intended to kill his wife—that was the second attempt he has made—his wife had been staying with me. since Christmas—Robinson has lodged at my house off and on 13 months—Mrs. Potter only had a bedroom; her room adjoined Robinson's—I remember the prisoner calling one day, about 10 days before this occurred; he saw his wife on that occasion—I was present part of the time—while she was staying with me she went out with Robinson once or twice—they came home late once—I know Mrs. Dixon, of East India Road—I never said to her that Robinson and the prisoner's wife had been living together—I remember meeting the prisoner on New Year's eve at the George IV., at Poplar—his wife was outside in the road—I don't know whether he asked me where she was or not; he asked if I had heard from her, and I said I had not heard from her lately—I had not heard from her because I was with her—I did not say that when I had last heard from her she had gone with her sister's children to Ireland, or that she had gone in the country—when I first knew them they seemed happy together—I remember his coming and asking her to return to him, and promising to be a kind husband to her—she said she would never live with him again—I heard him ask what the child's name was—I did not hear what she said—she never told me that she had received letters from Robinson—as far as I know the prisoner had always been a steady, sober man, I never knew anything to the contrary.
By the COURT. I have known him a long time—this is the second attempt, he bought a revolver last February—when I said I knew nothing wrong of him, I meant as regards drunken dissipation, that is all.
of 18th January, about 5 o'clock—I first heard a shot and a scream—I immediately got up, opened the door, and went to the foot of the stairs—I met the two women at the bottom, they were coming down the stairs screaming—I had one foot on the bottom stair going to catch hold of the prisoner, when he fired at me and said "You and all"—the shot struck me in the neck, he was six stairs above me—I felt faint and fell to the ground—I did not exactly lose my senses—I next heard a shot and heard Mrs. Beresford say "Oh, I am shot"—the two women then ran into the back kitchen and he after them, and he shut the door—I heard the women screaming; by this time I had got up; I directly heard another shot before I could open the door—I then opened the door and the prisoner pointed the pistol again at me, and fired at me but missed me—before he had time to fire again I sprang upon him, and just as I got to him it went off again, and the bullet went into the ceiling and made a hole there—I held him till the police came and took him into custody—while I was holding him he said "Let me go, I don't mean to hurt you"—after he was in custody he wished to shake hands with me—I refused.
Cross-examined. I have known the prisoner about 13 months—I first knew Mrs. Potter some time before Christmas—I wrote to her once, only to say that I was coming back to London, that was all—I was going to stay at Mrs. Beresford's, where I always stay—I knew that Mrs. Potter was there, because she was there when I went away—we occupied adjoining bedrooms there—I have been out with her three or four times at night, twice I think to supper-rooms—once in the Strand and once in Holborn—we went once to the Adelphi Theatre, and came home between 12 and 1—I knew that she was a married woman—I did not tell the prisoner about my going out with his wife—I had not a chance—I met him once and he shook hands with me—I have been out walking with Mrs. Potter in the day, perhaps for two or three hours, once or twice—I have taken her meals up to her bedroom when she has been in bed once or twice since the prisoner's committal—she went into the country in November—I went into the country about the same time—I know Eliza Smith—I swear she has never seen me in Mrs. Potter's bed, or surprised me in the act of connection with Mrs. Potter—I heard that there had been some differences between the prisoner and his wife, and that they had not been living together for two years.
Re-examined. Mrs. Potter has been very ill in bed, suffering from the wounds—she could not get up for some days.
ALFRED BERESFORD . I am the son of Mrs. Beresford—on 18th January she sent me to the prisoner—I found him in Wade's Place, against a beershop—I said to him "Mother says you must not come to the house, because perhaps father will be coming home and make a row"—he said "All right"—I wan going on an errand and he came with me, and coming back along Wade's Place he said "Wait a minute, I will go indoors"—he was not indoors a minute before he came out, and he followed me home—I said "Bill, don't come in, wait, and I will go andsee if father is in"—he said "I will make no row," and he came into the passage—he did not appear excited at all—he was quite sober—my mother came up and saw him, and she called up Mrs. Potter.
JOB POPE (Policeman K 147). On 18th January, about 5 o'clock, I heard the report of firearms, which caused me to go to 146, East India Road—I first saw Mrs. Beresford, she was on the top of the stairs,
coming out of the kitchen into the passage—I heard the report of a pistol before I entered the house, and I heard another report after I did enter—I went down into the back kitchen, and there found Robinson struggling with the prisoner, who had this revolver (produced) in his right hand—I held his arm and some one behind me took the revolver out of his hand and gave it to me—I told the prisoner I should take him into custody for shooting Robinson, who was bleeding at the side of the head—I took the prisoner into the front kitchen where Mrs. Potter was standing—she was bleeding from two places in the head—she said "That is my husband, I will give him in custody, he has shot me"—the prisoner then asked her to shake hands and forgive him—she did not do so—I sent for Dr. Hughes, who came, and I took the prisoner to the station—he was there charged—he said "I did not intend injuring any one but my wife"—I gave the revolver to the inspector, it has six chambers.
ALFRED ANSON (Police Sergeant KR 4). This revolver was handed to me by Pope—I examined it at he time—I found that all the chambers had recently been discharged—I took out six empty cartridge cases—I searched the prisoner, and in his waistcoat pocket I found six undischarged revolver cartridges; they fitted the revolver—he said, "How is Mrs. Beresford?"—I said, "I believe she is all right"—he said, "I am very glad of that"—a letter was taken from him at the station—I afterwards found this letter at his lodgings. (Read: On the envelope was written, "Open this and read the contents and then publish." "Dear friends—I write these few words to let the world know that the cause of taking my wife's life, and then my own, is because she has left me to live with another man of the name of Robinson, an engineer, and it is more than I can bear to think that my child should be under the control of another man, and me alive; that alone has driven me to the course that I am about topursue, which I can swear before the One that knows the secrets of all hearts that there never was a more loving husband in the world than I have been, and she knows that and every one else that knows me; I would do all that could be done for her in the world if she would only come to me again, for I am not ashamed to own before the whole world that I love her dearer than my own life; but I must let the world know that Alfred Beresford's wife, of 146, East India Road, Poplar, was the cause of my wife's taking up with this said Robinson. I hope that the world won't think that it is through jealousy, but it is the idea of her depriving me of my rights of being with her and my darling boy; God bless his dear little innocent heart, I love him dearly. My dear friends, believe me, I am truly heart-broken, therefore I care not to live. I hope that this will be published directly after I am dead for the sake of justice. I hope and trust that some of my family will take my darling child and bring him up. I should like for my sister to have him. My sister's address is Miss M. Potter, Mr. R. J. Potter's, Fakenham, Norfolk; my brother's, Mr. Samuel Potter, Dereham, Norfolk."
THOMAS GROSE . I am in the service of a pawnbroker, of 652, Commercial Road—on 17th January, the prisoner came to our shop to purchase a revolver—I sold him the one produced and a box of 50 cartridges—a bullet has been shown me, which is the same sized bullet as those in the cartridges that I sold the prisoner—he saw two revolvers, one larger—he selected this, and said it would do for the purpose he wanted.
Cross-examined. We have many similar revolvers in the shop—I said
at the police-court, "I sold the revolver produced to a man I believe to be the prisoner"—I first saw him in the dock, and thought he was the man, and I believe he is—it was in the afternoon or evening when he bought the revolver, I did not take any particular notice of him; the interview lasted about ten minutes.
THOMAS JONES HUGHES . I am a surgeon, of East India Dock Road—on 18th January I was called to Mrs. Beresford's house—I saw Mrs. Beresford first—I found her suffering from a wound in the left breast—I probed it and extracted a conical cylindrical bullet, which I produce—I next saw Mrs. Potter, she was suffering from two distinct wounds on the right side of the head and one on the left; the two on the right side were caused by one bullet, the entry and aperture of exit communicating by probe right through; the wound on the left side was over the cheek bone, under the eye—I probed that; the probe took a course directly backwards to the root of the left ear, and detected this piece of metal deeply imbedded in the textures—we had to cut down upon it to extract it—it is a similar bullet to the other, but greatly obliterated—I have attended Mrs. Potter ever since—she has been in rather a dangerous condition—erysipelas set in—I considered the wounds dangerous wounds—she is still under care—the jaw is rather stiff—she is not able to masticate—she was in bed three or four days—I examined Robinson—I found a wound on the left side of his neck immediately below the angle of the jaw—I failed to find that bullet.
Cross-examined. I believe I said at the police-court that Mrs. Potter was pregnant, but I meant Mrs. Beresford—I have not examined Mrs. Potter.
The Prisoner received a good character for humanity and kindness.
GUILTY on First Count — Twenty Years' Penal Servitude .
NEW COURT .—Wednesday, February 13th, 1878.
Before Baron Pollock.
260. JOHN HACKETT (24), Feloniously killing and slaying John Patrick O'Connell. He was also charged on the Coroner's Inquisition with the like offence. MR. TICKKELL conducted the Prosecution; and MR. COLLINS the Defence.
HUNRY RUSHBROOK . I reside at 64, Popham Road, Islington—I was foreman bricklayer in the defendant's employ on the buildings in Kenmere Road, Hackney—the deceased was also a bricklayer employed by Mr. Hackett—the houses consist of a row of five—I remember the deceased working on the house next to the end of the five on 16th January—I remember the wall falling—it was the end wall of the fifth house—I did not see it fall—it fell out—I saw the deceased taken out alive, somewhere about half-past 3—he was employed in building a wall in connection with the houses which were being constructed, in connection with the wall that fell; in the house that was going to be commenced next to it—he was getting the footings in for the adjacent house.
Cross-examined. I did not come there till the 8th.
GEORGE LEGG . I am district surveyor for West Hackney—I visited these houses on four or five occasions—I was there on 11th January—the wall was then nearly up to the roof—it was a nine-inch wall, with 14 inches base on the basement story, and the roof was not on—if the roof had been on this would not have happened, because it would get
a protection from frost and changes of atmosphere, and it would have made a tie to keep it in its place—I complained of the mortar to one of the men, not the defendant—the mortar was not good enough; it was unequal—it had not been knocked about enough to make it assimilate with the sand which was with it—some of the mortar was very good, because they have tossed it and kicked it about, and that made an effect on it.
By the COURT. Some of the sand was sharper than the rest—Hackney is first-rate gravel and they dig it out, and use the sand for their mortar—I apprehend it was mixed with that—the rest was from brick rubbish which had been brought into the road—there was no road sand that I noticed—you could not tell after the lime was with it, but it made the mortar dark and it looked worse than it really was, because a gentleman had some of it washed and he found more sharp sand than he expected.
By MR. TICKELL. I do not think the wall that fell was so good as the other; the mortar was not so good—if it had been dry weather, and the lime had had time sufficient to set, I have no doubt that with the roof on it would have been standing now—I went there on four or five occasions—it was on the second occasion, in the earlier part of December, that I first noticed the character of the mortar—I spoke to the foreman on that occasion—we call the foreman down or speak to him on the scaffoldwith a 9-inch wall the bricks were different; some were old and some were new, that made it bad for the plastering—I saw Hackett on two or three other occasions, and noticed the mortar then; it varied at differenttimes—it depends upon how they mix it, and I told him again that he must do his work better, and on the 11 th we saw the irregularity and served him with this notice by post. (This stated that the defendant was not conforming to the rules of the Building Act. It required him within 48 hours to render the building conformable to the Act; and required the walls to be properly bonded and put together, not less than one brick and a half thick in the lowest story.) I do not say there that the whole was to be taken down; I treat it generally—it could be properly bonded without taking down—I gave him a week to do it in—he promised to do it, and commenced working at it—the week had not expired—after I served that notice he called on me in the City, with a friend—I told him he must do the work better and explained what he would have to do—that was on Monday, the 14th—I told him his mortar must be better, and the labour must be put together better—he first of all urged that it was very good—I told him that he would have to underpin part of it and bond it in cement—he said he would do all that was required—I told him if he did not he would find himself at Worship Street the next week, and probably the week after at the Old Bailey, for manslaughter—I said that to make him do his work properly—I spoke figuratively, to impress it on his mind; not that I had anything in my mind but that when I saw him again he would do the work—this was on the Tuesday—they thickened the back wall, but they had not done anything to this wall—he said the materials were good; I said they were very bad—I think I said they were the worst that I had seen—the labour was bad, the way in which it was put together—the mortar had not enough lime in it, and the building was run up too quickly—I only know Hackett through the notice—I saw him again after the accident—I saw the building on the Tuesday, Hackett was then at work on it—I inspected the premises after the accident—the fall of the wall was caused by the premature removal of the
seaffold, which had shaken the wall, the roof not being on it, which would have acted as a tie and maintained the wall in its place—when I saw it the feetlogs had not been taken out—I do not know whether the holes where the feetlogs were had been stopped—the scaffold was taken down on the day of the accident—if the mortar had not been used so quickly, and had been of a better description, it would have prevented the accident.
Cross-examined. The mortar ought to have been better mixed; the labourers do that—it was windy that afternoon—in my opinion the bricklayers had run up the wall too quickly; there had been no dry weather, and there had been frosts at night, and this being only a 9-inch wall and the mortar not being properly mixed it acted on the mortar—I gave him a week to do it in, and he was at work, but it unfortunately fell before the week expired.
Re-examined. It was gusty that day, and I should have preferred keeping the scaffold up; that would have been a stay to the wall—I do not know how many men were at work there, I saw four or five—they were doing their work quickly.
JOHN HAMILTON . I live at 63, Nightingale Road, and am Mr. Legg's clerk—he directed me to go to these houses, and I went three or four times before the accident, but noticed nothing with regard to this particular wall—I saw it on 11th January—the whole of the premises were not such good work as we usually put in that class of buildings—I have had to overlook work before—I noticed that the mortar was bad, and first spoke to the foreman about it in November, with reference to that block of houses, but not in reference to that particular house; they were not all going on then—I only knew that John Hackett was building the houses from the notice that was given—he found the money, but I do not know who was the actual builder—I do not know the name of the man I spoke to—he was not engaged on that particular house, and I did not see him in reference to it—once I saw the foreman and once Mr. Hackett—I told him that the work was not going on well, the mortar was bad, and that I had not seen worse—I spoke generally with regard to the three houses—I was then outside the buildings on the ground, and they were working on the sixth house—I have been with Mr. Legg from 1862—Hackett said that he had not seen me there before—I told him to do his work better; the wall was then very nearly up—I do not think that wall was any worse than the other part of the same block of houses—I went there twice on the 11th, and on the second occasion with Mr. Legg—I did not see Hackett then—I do not think he was there in the afternoon, but Mr. Legg spoke to the foreman—I knew nobody as the builder but Hackett—there were four or five men on that block—I saw the premises after the wall fell—I did not direct my attention to the wall—I was with Mr. Legg, and I had no authority—I think the wall fell because the bricklayer who laid the bricks did not put the work together well and built it too quickly—I looked at the mortar; it was bad, and was part of the same which I had described as the worst I had ever seen—that had partly caused the fall, because it had not had time to set—I saw them removing the scaffold-poles on the morning of the accident—I saw the defendant on the morning of the accident, when I went to the building, but I did not speak to him because he had had the notice to alter it, and I did not go on the building—I did not notice that it was windy.
Cross-examined. Some of the mortar was not so bad—I was there time after time looking over it, as Mr. Legg's deputy.
FREDERICK TAYLOR . I live at 72, Neville Road, Stoke Newington, and am clerk and timekeeper employed by the defendant on these buildings—I have no particular knowledge of constructing premises—I am a clerk, my duties were to see that the workmen did sufficient work to entitle them to their wages—a man named Brown was building these houses, he was the sub-contractor—Hackett was the builder, but Brown took the whole of the brick work at 25l. 10s. per house—Hackett found the materials and Brown the labour—no materials were used that I know of except those supplied by Hackett—Brown was paid weekly, by instalments, according to the number of rods, and he used to ask for so much money, and if the work was done we let him have it—Mr. Brown is not here—I supplied him with the materials for the buildings and to make the mortar, and there was no limit to the price or quantity—I supplied him with lime and sand and all other materials as much as he required—no one ever complained to me. NOT GUILTY .
MR. PURCELL conducted the Prosecution.
TIMOTHY CARTER . I lodge at 1, Eden Grove; the deceased lodged there also—on 3rd February, about 4.45 p.m., I was in the yard being shaved, and the deceased was there having his boots blacked by a boy—the prisoner came out of the kitchen, and Raffe asked him if he had seen any of his pals about—the prisoner said ''You had better go and look for them yourself''—the prisoner then went into the closet, and when he came out the prisoner said that the deceased had himself—the prisoner said that he would throw something at him—Raffe said "Perhaps you can throw it at him"—the prisoner said "Can you chuck it at him?"—Raffe said "I can in a moment,'' and sparred up to him—the prisoner said "I don't want to hit you, I might hit the man being shaved;" that was me—I said "I will take good care you won't knock him on me," and I got up, and then the deceased struck the prisoner on the chest or stomach, I don't know which; and the prisoner up with his left hand and hit him on the nose, and he fell—he got up and put his hand to his nose and felt blood, and said "It serves me right, it has let some of the mad blood out of me"—when he fell he pitched on his hands and knees and rolled over—he then got up and had his other boot cleaned, and then went into the closet, and I went away—both the men had had a drop of drink.
Cross-examined by the Prisoner. I did not know them before—Raffe took off his coat to prepare to fight you—you did not take off yours or in any way encourage him to fight.
ERNEST FOWLS . I lodge at 3, Eden Grove, Holloway—I was cleaning the yard up, and when the prisoner came out the deceased said "Have you seen any of my pals?" —he said "You had better go and look for your pals"—he said "Go and chuck—at yourself"—he said "Can you chuck it at him?"-—he said "Yes" and Raffe took his foot off the box and sparred at him—he had his white smock on, what he slaughters beast in—the prisoner said "I don't want to hit you, I might knock you over that man that is being shaved" —the man said "Never mind, I will get up"—the prisoner put his hat on the window-ledge and the deceased hit
him on the chest—the prisoner then struck him on the nose and he fell over and got up and wiped his hands of blood and said "It serves me right, it will take a little of the mad blood out of me"—he went into the closet and came out, sluiced his face, and afterwards laid down on a form, and the deputy lodging-house keeper took him up to bed—this is a model lodging-house—this was Sunday, and he died on Monday night.
Cross-examined. The deceased had been there before, and the deputy did not go up with him to show him his bed, but because he felt queer.
WILLIAM WITHAM (Detective Y). I received information and went to the lodging-house, which is known an Eden Grove Dormitory, and saw Joseph Raffe lying in bed insensible—I saw dry blood on his right hand—I received information that the prisoner was in a public-house—I sent for him and he came—I said that I belonged to the police and had seen a man lying upstairs insensible, and had received information that he had struck him—he said "Yes, it is quite right, I received great provocation; the man used very offensive language to me; we had both had a drop of drink; I am very sorry it has occurred; he struck me first and I did it in self-defence"—I told him he had better come to the station—he said "yes, I never intended to go away; I should like to have the matter cleared up"—I wish to say that four months ago I saw Raffe in a fit—I have known him for months as one of the most habitual drunkards in the neighbourhood—I saw him four months ago just recovered from a fit, and he had come out of prison the same morning.
JOHN THOMAS SLATER , M.D. I live at 1, Thornhill Square, Barnsbury—I assisted Dr. Crabb in making a post-mortem examination on 9th February—there was a bruise over the bridge of the nose, and the tissues were also bruised—the bones of the nose were both broken, I am quite sure of that—the membranes of the brain were congested, and also the brain itself, and the texture of the brain was somewhat softened—I should say that the congestion was caused from the concussion, the blow was the cause of it—one portion of the skull was driven in—the congestion and softening was all from the same cause, and not from any preexisting cause—the cause of death was congestion of the brain from fracture of the nasal bones produced by the blow—I do not think in the position in which it was it could have been produced by a fall—a blow from a fist would produce it.
Cross-examined. Raffe was a strong young man, and bigger than you, about 34 years old—I have known before of a blow of a lighter man's fist producing such an injury—Raffe had been addicted to habits of intemperance, and although he appeared stout and robust, I do not think he had much stamina—if he had been just released from the House of Correction and taken to a public-house and plied with raw spirits, and then put to bed for 18 hours, taking nothing but cold water, I think he would be more susceptible.
By the COURT. The bones of the nose were fractured completely across, but did not press on the brain; concussion was the primary cause—he would he more susceptible to concussion than a man in good health, his habits had been dissipated.
Prisoner's Defence. All I have to say is that the provocation I received
was very gross, and he would not let me off. I was forced to fight. I made it an excuse that the man was shaving, but he forced me to stand on my defence. I did not strike him till he struck me at the pit of my stomach. I was obliged to strike him, or I should have been knocked down and kicked. I neither wanted to commence or to continue it.
NOT GUILTY .
MR. CARTER conducted the Prosecution. NOT GUILTY .
THIRD COURT.—Wednesday, February 13th, 1878.
Before Mr. Common Serjeant.
265. FREDERICK WEIGHT (40) to obtaining by false pretences from the Patent Cloth Company two table-covers, and to a conviction of felony in August, 1872, at this Court.— Five Years' Penal Servitude . [Pleaded guilty: See original trial image.]
MESSRS. BESLEY and J. P. GRAIN conducted the Prosecution; and MESSRS. KEITH FRITH and WOLFE defended Johnson and Stiles.
(The Court held that the document was merely a request to be shown, and not an order for delivery, the words being "Please send me your cockatoo to look at;" and the Jury returned a verdict of NOT GUILTY.)
269. The said prisoners [ CHARLES PARKER alias WARREN (21), EDWARD JOHNSON (22), ANNIE STILES (19), and MARY ANN PARKER (17)] were again indicted for unlawfully obtaining from Susan Watts a cockatoo and one cage by false pretences.
SUSAN WATTS . I live at 24, St. Mary's Terrace, Paddington—I know the prisoner Parker as Warren—he culled at our house in January and handed me this paper, and I gave him the cockatoo. (This was a printed memorandum form as follows: "Memorandum. Established 1800. Charles Warren, Mathematical and Surgical Instrument Maker, 6, Charlton Street, Fitzroy Terrace", and the writing was: "To S. Watts, 24, St. Mary's Terrace, Paddington. Please send me your cockatoo for me to look at. Please let my porter bring it with him. I will send you a cheque for 2l. if it suits me. Yours faithfully, Mr. E. Warren. I have enclosed my reference ticket") The day after I received this memorandum by post. (This contained the same printed heading and "Mrs. Watts, 24, St. Mary Street, Paddington Green. Madam—I received your cockatoo last night. I am buying it for a friend of mine. Shall not see him before Friday, and shall send you 2l. without fail. Yours truly, Mr. Warren.") I have never received the money—Mrs. Rotherham takes
in the Exchange and Mart— I parted with the cockatoo because I believed the ticket was genuine.
Cross-examined by Parker. You had a brown overcoat on when you came—I said I thought it was another man, but I afterwards picked you out—the tall stout lady is my aunt.
WALTER S. ANDREWS (City Detective). On the 15th January I received a warrant for the apprehension of Parker in the name of Warren—on the 16th I went with Marshall to 2, Warren Street, Tottenham Court Road—I saw the two male prisoners let themselves into the house with a latch key—I followed to the top floor front room with Marshall, where I found the four prisoners—I told them all I was a detective, and that I should arrest Parker and Johnson for passing in the name of Warren at No. 6, Charlton Street, Fitzroy Square, and for forging and uttering reference tickets of a Bazaar paper and thereby obtaining different kinds of property from different persons—I could not read the warrant, for there was a little scuffing, but I told them I had a warrant—Parker said "I know nothing about the name of Warren, I have always had to work hard for my living and you cannot prove anything to the contrary"—Johnson said "I know nothing about the name of Warren, I am a tailor, and these are two young women that we know''—I asked the women if they were married to the men—they said "No"—I said I should arrest them on my own responsibility for being concerned with the men in forging and uttering these tickets—each woman said "I knew there was something wrong, but all I have had to do with it is to pledge the things that have been given to us by the men"—the female Parker said "I have known Parker (meaning Warren) for about eighteen months, I knew him through meeting him at a music hall''—I then gave Johnson into the custody of Marshall—I requested Parker to turn out his pockets, he did so—there were a number of old letters and memoranda; amongst them was a letter unopened bearing the Halifax post-mark of 15th January; it was addressed to Mr. A. Wyld, 125, Drummond Street, Euston Road—that letter I afterwards found to contain a diamond ring—I produce the letter and the ring—I pointed to a cage of canaries in the room and said ''Whose is that?"—the female Parker said "It is mine, I paid 30s. for them"—I asked whose cockatoo that was—Stiles said "That is mine," and I asked, pointing to a dead parrot, "Whose is that?"—Stiles said, "That is mine too, and the poor devil died last night"—I afterwards searched the room and found a number of memorandum forms in the name of Charles Warren and corresponding with the two produced, except that there is no writing on them—I also found a number of forged reference tickets in the name of J. Wyld, 125, Drummond Street, Euston Road, and a number in the name of C. Warren, 6, Charlotte Street, Fitzroy Square—I also found fourteen pawn tickets in the drawer and in the cupboard, and these four copies of the Bazaar paper in which a number of advertisements are marked for the sale of everything, from a donkey to a diamond—the writing opposite the advertisements is like the writing on the memorandum to Mrs. Watts—I also found a number of letters in a similar handwriting, some of them relate to the advertisements which are marked.
WILLIAM WADDINGTON . I live at No. 6, Charlton Street, Fitzroy Square—I am a watchman—the prisoners hired a room in the name of Warren, at 7s. a week, on 7th January—they came on the following Wednesday and remained till the Friday—they were absent on the
Saturday and on the Sunday—I took in four letters and packets addressed to Charles Warren; some were registered; also a brown-paper parcel containing a sealskin jacket, addressed to Charles Warren—I saw Parker on the Monday, and on the Tuesday he asked whether his brother had been home—I said "No, he ain't, I suppose you know," and I told him there was a parcel for him—I brought the parcel out of the parlour to him and said there was 15d. to pay—he gave me half-a-crown and I got him 1s. 3d. change—I did not see him again till I saw him at the policecourt—a sewing machine came afterwards by the Great Western Railway—I saw the address.
Cross-examined by Parker. The parcel was partly opened, I could see it was fur.
Cross-examined by MR. WOLFE. I saw the deposit paid for the room.
SUSAN WADDINGTON . I am the wife of the last witness—I know the prisoners—Parker was called Charles Warren—they said they were brothers—Parker paid me 4s. on the Monday, and said his brother would pay the rest to-morrow, but they did not come till the Wednesday, when they paid the remaining 3s., and told me if anything came for them I was to take it in and pay for it, and they would pay me again—several packages and parcels came, which I took in—they left on the Saturday or Sunday night without notice—while there they were in and out receiving the parcels—I gave three to Johnson and one to Parker—I saw no mathematical instruments—when they came they said they would be away all day.
Cross-examined by MR. WOLFE. Johnson took the room.
JANE LONG . I am the wife of Stephen Long, and live at 2, Warren Street—Mary Ann Parker came to my house on 1st January, and said her husband had failed at Deptford and was coming to London to take orders for a coal office—she took a room—she came again on the 3rd, and said her husband was coming in presently—I did not see him till he had been in the house a week—I gave him a latch key in the room—both men were there smoking and sitting in front of the fire—they were taken into custody there on the 15th—the woman Johnson visited them—afterwards some letters came addressed to Charles Parker, some ''Esq." and some "Mr."
Cross-examined by Parker. I produce the letters.
Cross-examined by MR. WOLFE. I keep a lodging-house—I thought the woman was married or I should not have taken her in.
ELIZABETH WATKINS . I am the wife of Charles Watkins, of 9, Kingsgate Street, Holborn—I know the prisoners Parker as Benson—the female came to me about the middle of November, to take a first floor front room furnished, for herself and husband, who, she said, worked at a fruiterer's in the Tottenham Court Road—I let them a room at 7s. a week—while they were there a great many parcels and letters came, addressed to Adams; some were registered—the woman generally took them in—another fellow used to come—the parcels came two or three times a day—some ferrets and some rabbits came—the prisoners remained about a fortnight.
Corss-examined by MR. WOLFE. I do not know Johnson.
herself had left her work to seek for rooms—the man came on the Saturday night—while they were there, which was about nine days, I took about 100 letters for them, also a hamper of rabbits and a case of pigeons—they brought some canaries in small cages with them, and filled my window, and on the Monday two dogs came, and I gave them notice—after they left, some letters came addressed to Benson—they came in the name of Bates.
Cross-examined by Parker. You brought a lad with you.
CHARLES IBBERSON SAUNDERS . I live at Halifax, Yorkshire. I read the Bazaar newspaper—on 12th January I inserted an advertisement in this copy and received by post this memorandum. (Advertisement read: "I will sell my gipsy ring with three diamonds, price 40s. S., George Hotel, Ramsay, Huntingdonshire." Memorandum: "Please send me your gipsy ring, on receipt of which I will forward 40s. by return. Yours faithfully, Mr. J. S. Wild. To Mr. S. T. Nare. Enclosed my ticket." The ticket was, "I hereby certify the reference of J. Wild, 125, Drummond Street, Euston Road, to be satisfactory.") On receipt of memorandum and ticket, which I believed to be genuine, I sent my ring to that address—the ring has since been handed to me by the police, and I have identified it—I have never received my 40s.
Cross-examined by Parker. I never saw Mr. Wyld—I expected the ring to be returned or the money sent. Cross-examined by MR. WOLFE. This is the only article I advertised.
EDWIN FRITH . I live at 8, Westwell Street, Plymouth—I read and advertise in the Bazaar—on 12th January I advertised a silver hunting watch in the name of Edwards, and received the memorandum produced, with the Bazaar reference stamp pasted in the corner. (This was an application to send the watch. ) I sent my watch in a tin box, and also a few lines—I received no money—this is the watch (produced)—I sent it because I believed the reference ticket to be genuine, though I felt some suspicion at first because the ticket was on different coloured paper.
Cross-examined by MR. WOLFE. I did not write to the editor on suspecting the ticket, but sent the watch, and expected a cheque by return.
J. J. SMITH. I live at Cresswell Cottage, Cressley, near Pembroke—I read the Exchange and Mart—I advertised a sewing machine in it on January 5th, and received this memorandum. (This was on one of Charles Warren's printed forms, and promised to forward a cheque for 3l. 10s. on receipt of the machine: the reference ticket being pasted on it. ) I sent the machine on the Saturday following, the 13th January, by rail—it was packed in a case—I have since seen it at Scotland Yard—I have received no money—I sent it believing the reference ticket to be genuine.
L. H. SYKES. I am a booking clerk at the Sand back station, Cheshire, of the North-Western Railway—I read the Bazaar, and sometimes advertise in it—on 5th January I advertised a gold Albert chain—I received in reply this memorandum. (This was an application for the chain similar to the others, and promising to send Poet office order on receipt; also enclosing reference ticket. ) I sent the chain, believing the ticket to be genuine—I have seen the chain here to-day—I have received no money for it.
Cross-examined by MR. WOLFE. I sent it on 9th January—I do not know when the prisoner was arrested.
E. BOTHAM. I live at the Green, Wirksworth, near Derby—I read the Exchange and Mart—I advertised in it on 5th January a Boston
lever watch, and received this communication with the reference ticket on it, which I have cut off. (This was a similar memorandum promising to send Post-office order on receipt of the watch. ) I sent the watch on 5th January, believing the reference to be genuine—I have received no money—I have since seen the watch at the pawnbroker's.
ELIZABETH STEELE . I live at 125, Drummond Street, Euston Square—I know the two male prisoners by the name of Wyld—they applied to me on the 12th January for a bedroom—they came in on a Monday night, the 15th—they stayed there two nights—while they were there a brown dog came, not very large, and a box of small birds—I refused to take them in—the case was addressed to Mr. Wyld—after they were gone a large number of registered letters came, which I refused to take in, but some were delivered to the prisoners while they were at the door on the Wednesday.
Cross-examined by MR. WOLFE. I knew all that I have told you when the police came—I told the police—I was not called at the police-court—it was between 9 and 10 a.m. when they came—Parker came first—he gave me 3s., and in the afternoon he gave my daughter 4s.—Johnson said his name was Wyld—they had no visitors—no parcels came.
WILLIAM WEBB . I am assistant to Mr. Donaldson, pawnbroker, 30, London Street, Fitzroy Square—the female prisoner, Parker, is a wellknown customer of ours—I produce a ticket of an Albert chain, and the chain itself—it was pawned on 10th January for 10s. in the name of Jessie Davis, 31, Warren Street—that is the name and address she always gave—she pawned principally apparel and jewellery.
Cross-examined by Charles Parker. I believe she has a sister living at 31, Warren Street.
FREDERICK RICHARDSON . I am assistant to Mr. Hemming, pawnbroker, of 1, Lower John Street, Golden Square—I produce a silver watch and ticket relating to it—it was pledged in the name of Mary Stiles, on 11th January, for 10s.
LEONARD UPCOTT GILL . I am manager of the Bazaar and Exchange and Mart newspaper—upon any one requiring to be put upon our reference book we require a fee of 3s. 6d., and the names of two good referees, who are clergymen, lawyers, doctors, or other responsible persons in London, of whom we make stringent inquiries, and if the inquiries satisfy us the applicant's name is entered on our book and receives a number, which is put on his ticket—this is a genuine ticket (produced)—we moved from 32, Wellington Street in November—the ticket lasts 12 months—none of the tickets on these memoranda are genuine—we have a Captain Wyld on our books, but not of this address—I cannot say about Warren—the number 1161 used in these forged tickets, on reference to our books, I find to belong to Mr. J. J. Howden, of 35, Howard Street, Bolton, and will expire in September, 1878—the forged ticket expires in that month, but one is dated 14th, the other 16th—after the prisoners were arrested I received an advertisement for insertion—I communicated with the police—the advertisements were on separate pieces of paper, without any headings, and referred to the sale of canaries—I have received numbers of letters from people in the country in the same writing as these memoranda, and containing these spurious tickets in nearly all cases—I handed them to Sergeant Andrews—I have not compared them with the advertisements.
Cross-examined by MR. WOLFE. We have 2, 300 on our books; our customers are more—a clerk usually makes inquiries—speaking roughly, I receive about 100, 000 applications a year—each ticket is printed separately—they differ in number, address, and date—they are alike at the back—the die has always been the same as now—it would take a year to search for the names and addresses of our customers—we have 30 or 40 books of 10, 000 each—I have not seen our reference tickets pasted on paper—the imitation is a good one, and could not easily be detected—Mr. Howden was put on our books in 1875—he is still a customer—he communicated with me—he keeps his own tickets.
Re-examined. I received this telegram from Mr. Howden: "Warn your readers of forged reference ticket, No. 1161. I will send you letter by next post," This circular (produced) will sufficiently describe our system—this is a copy of the advertisement I received, signed "Charles Parker"—it is similar writing to these memoranda, and refers to canaries—a customer has the right to put a star to his advertisement when his references are satisfactory.
WALTER S. ANDREW. S (Re-called). I have now searched and found the advertisements referred to by letters that have been put in as received by the last witness—in five cases the advertisements are marked in the copies found in the prisoners' possession—some of the letters are addressed from Warren Street—I have traced the prisoners to 16 or 17 other addresses.
Cross-examined by Charles Parker. You have been identified by some of the people where you lived—you and the female Parker were charged at 39, Acton Street with stealing property, and she was convicted of unlawful pawning, and at every place I have heard of your receiving stolen property.
Cross-examined by MR. WOLFE. The charge at Acton was about August last—the room the prisoners occupied in Warren Street was at the top of the house—it was a front room, and used as bed and sitting-room—there was a parrot cage, a cockatoo cage, and a cage of canaries—I did not caution Johnston, but I told him who I was—Stiles said the parrot and the cockatoo were hers—I went there about 8. 30—there was but one bedstead in the room, which was in a filthy state—there was room for more than two.
HENRY JACOB MARSHALL (Detective Sergeant). I went with Andrews to Warren Street and apprehended Johnston and Stiles—the charge was explained to them—Johnson handed me this parcel—it was registered—it was unopened—I asked him what it was—he said "I don't know, I have just received it through the post, and now that you have got us I may as well hand it over to you—I also took a bundle from him—I found half a pawn ticket in the drawer, corresponding to this (The ticket produced by Donaldson's assistant), relating to the Albert chain—I found in the drawer another ticket relating to the silver watch, which was pledged on 11th January by Mary Stiles—I found 14 tickets all together in the drawer, and one on Johnson, which Parker said she pledged in the name of Davis, having received it from Johnson and returned him the ticket—there was only one ticket found in the name of Stiles—all the others are Parker's—there was also also a little dog, which has been returned to its owner in Yorkshire—the woman said in reference to it "That came in a hamper last night"—I returned it in the same hamper.
Cross-examined by MR. WOLFE. I did not caution the prisoners, I explained my business—it is "Mary," not "Ann" Stiles on the ticket—I found no property upon her.
ALFRED BROWN . I was in Charlton Street on the 14th and saw Parker with this parcel—I followed him to Whitfield Street, when he threw the parcel in my face and ran away—I traced him to Gower Street—the parcel contained a sealskin jacket.
Cross-examined by Parker. It was about 8. 15—I struck you with my umbrella and broke it in two.
Parker's Defence. These things have been sent on approval. A certain time is always allowed for goods taken on credit. The witnesses merely say I lived at those places and received letters and parcels. I could not have lived at all the sixteen or seventeen places mentioned by the detectives, as about twelve months ago I was an omnibus conductor. The advertisements were put in in my name, but we had the privilege of sending the money or returning them, and there is nothing missing except the watch and chain.
Witnesses for Stiles and Mary Ann Parker.
ANN STILES . I am the mother of Annie Stiles, she is nineteen years old next June—she has been employed at 9, neon Street, for about twelve months at 15s. a week—she bore a respectable character, and I knew nothing wrong of her—she met with the other prisoners on Christmas Day—I do not know them.
EDWARD HOWARD . Mary Ann Parker is my wife's sister—I have known her seven or eight years—she has borne a good honest character—she was a domestic servant till she met with Parker—she is only sixteen—her right name is Ann Carter—Parker got her away from her service to live with him, and got a false certificate to make us believe she was married to him, till we found it out.
GUILTY . STILES and MARY ANN PARKER were strongly recommended to mercy. PARKER* and JOHNSON*— Eighteen Months' Imprisonment each . ANNIE STILES— Six Months' Imprisonment . MARY ANN PARKER— Nine Months' Imprisonment .
FOURTH COURT —Wednesday, February 13th, 1878.
270. EDMUND LEASK (24), WILLIAM BAINBRIDGE BELL (28), and WILLIAM LEASK (31), Feloniously forging and uttering a warrant for the payment of 500l., with intent to defraud. EDMUND LEASK and BELL PLEADED GUILTY . No evidence was offered against WILLIAM LEASK— NOT GUILTY . Judgment Respited . (See Half-yearly Index. )
MR. SIMS conducted the Prosecution; and MR. WARNER SLEIGH defended Anderson.
or four fellows—they took a valuable watch out of my pocket—I was blindfolded from behind—they knocked my head against the wall, and I was nearly made insensible—I had no opportunity of seeing the persons who attacked me—I had had a couple of glasses of old and mild in the morning—I was charged with being drunk, but it was a mistake.
Cross-examined by Higginson. I do not recognise you as one of the parties—I was not drunk, the policeman made a mistake—I had a diamond pin on my neck, and they tried to take that too.
WALTER MACKAY . I live at 147, St. George's Street, and am a pawnbroker's assistant—I was watching Anderson, knowing him to be associated with thieves, and saw him and a man not in custody push Henigan against the wall, while Anderson took a watch from his pocket—one of them said "You stop there all right, and we will go and catch him who took the watch," and they ran away—I saw the watch-chain hanging down in Anderson's hand—I had seen them together before.
Cross-examined by MR. SLEIGH. This occurred on a Friday, and I gave evidence at the police-court on the Monday—there is a turning opposite our shop—I was outside the shop, minding the goods—I had been there all day—I have seen the prisoners nearly every night standing at the public-house opposite.
Cross-examined by Higginson. I saw you push the prosecutor against the wall—it was done on purpose—I saw you with the others at our window, in Cannon Street Road, between three and four o'clock.
The Prisoners' Statements before the Magistrate. Higginson says: "I was coming down Cannon Street, and saw seven or eight persons standing together; I looked over their shoulders; they were pulling about; I was shoved off. They all ran; I had no concern in it. I don't know Anderson." Anderson says: "I know nothing of it I can prove where I work." Higginson in his Defence repeated the substance of his statement.
GUILTY — Eighteen Months' Imprisonment .
MR. KISH conducted the Prosecution, and MR. FULTON the Defence.
JOHN NIBLER HARE . I am district manager of the Chelsea division of the London General Omnibus Company—on 23rd May, 1877, the prisoner came to the committee and asked for employment and produced these two written characters from Mr. Phinley and Mr. Coombe. (The character from Mr. Phinley, dated 7th April, 1877, was read. ) The prisoner was taken on by the Company as a conductor and the date entered on the licence—he did not say anything to me about his having been previously employed by the Company—I cannot swear that I asked him—it is our usual custom to ask, and I think it probable we did—I subsequently had a communication from Mr. Church concerning the prisoner—we should not have employed him if his character had been dated 1875.
FRANCIS PHINLEY . I am a fruiterer of Richmond Road—the prisoner was in my service up to April, 1875—on his leaving I gave him a testimonial exactly similar to the one produced—I never gave him any other.
Cross-examined. The character produced is a general representation of the man at the time he left me—he was one of the best servants I had—I should not hesitate to take him into my employ again if I wanted a man.
JOSEPH WILD . I am an inspector of the London General Omnibus Company, and I know the prisoner by his being employed under me at Paddington on 21st May, 1875—on 2nd July, 1876, he was discharged for inaccuracy in his accounts, but whether by me or the superintendent I cannot say.
Cross-examined. No proceedings were taken against him—if conductors' receipts fall off we sometimes discharge them without going into the question of the cause—it may be that the receipts fall off through circumstances over which they have no control—the Magistrate was not anxious to dismiss the charge in my presence.
Re-examined. I never heard anything of that before—I knew of his having been previously employed at Hammersmith. NOT GUILTY .
For cases tried in the OLD COURT on Thursday, Friday, and Saturday, February 14th, 15th, and 16th, see County Cases.
NEW COURT .—Thursday, February 14th, 1878.
Before Mr. Common Serjeant.
273. FREDERICK BROOKE (39) PLEADED GUILTY to Embezzling 23l. 13s., 8l. 8s., and 2l. 2s.; also 23l. 13s., 15l. 6s. 6d., and 2, 060l. 11s. 11d.; also 20l. of William Hodgkinson and others, his masters. He received a good character.— Five Years' Penal Servitude .
274. JOSEPH GEORGE RAVEN (41) and GEORGE VENTOM (41) to Unlawfully obtaining 1, 000l. and other sums by false pretences. RAVEN received a good character.— Fifteen Months' Imprisonment each . [Pleaded guilty: See original trial image.]
275. EDWARD PARTRIDGE (28), Stealing two claret jugs and other articles of Thomas Heath and another; also to Unlawfully obtaining 21 watches by false pretences, and JOHN LAW CRAUFORD (44), Unlawfully receiving the same. PARTRIDGE PLEADED GUILTY to both charges.— Judgment Respited. MR. TATLOCK, for the Prosecution, offered no evidence against CRAUFORD.—. NOT GUILTY
MR. STRAIGHT conducted the Prosecution, and MR. J. P. GRAIN the Defence.
GEORGE PARTRIDGE . I am a porter in the employ of Green and Andrews—their warehouse is at Rutland Wharf, Upper Thames Street—William Barham was their warehouseman—his hours were from 6 a. m. to 6 p. m., and my hours from 8 a. m. to 6 p. m.—on Friday morning, 2nd November, I went to the warehouse earlier than usual—I got there about 10 minutes to 7 o'clock, and Barham arrived about 7—the prisoner drove down the wharf about 7. 15 in a van, and said to Barham "I have come for 12 quarters of oats"—Barham said "Very good"—Fearn did not say who he was or where he came from—Barham told him to back his horse against the stable-door—Fearn's man did so, and Barham told me to get on the stack and he would get the oats—those were Prince Oscar oats—the 12 quarters would be 24 sacks—while they were being loaded the prisoner was outside the stable-door watching, but nothing was said—his man then took the horse and van to the top of the wharf, and drove off towards Blackfriars Bridge—Fearn then asked us to go and have a glass of beer, and he, I, Barham and Green, and Andrews's carman all went to a public-house in Thames Street, whore we drank, and then returned
to the wharf, and Fearn went up Thames Street in an opposite direction to which the van had gone—I saw no order handed by Fearn to Barham, and I must have seen it if it had been—no goods would be delivered at any time of day without a delivery order—the warehouseman receives a ticket from the clerk—Barham complained of being ill that day, and the next day he did not come—I had never seen Fearn before.
Cross-examined. Four of us went into the public-house, but the prisoner's carman had gone away with the van—we had a pot of ale among us.
WILLIAM BARHAM (In custody). I have pleaded guilty to an indictment charging me with stealing 12 quarters of oats, the property of my master—on Wednesday, 2nd November, I was in Green and Andrews's employmen as warehouseman—my hours were from 6 a. m. to 6 p. m.—the clerk used to come at 9 o'clock—if persons came for goods between 6 and 9 I should deliver them, but they would have to produce an order to me, and I should give the clerk the particulars when he came—on the Monday morning before this Friday Fearn came to the wharf and said "Is Ted the carman in?"—I said "He has left"—there had been a man named Edward Foster in the employment—Fearn asked me if I would have a glass—I said I would not mind, and we went to a public-house down Thames Street, where he said "Can you let me have some oats; I used to have some when Ted was here, can't you let me have some?"—I said I could not give him a decided answer then, I would let him know—I had known him before—he gave me his address, Cable Street, Shadwell—I went there between 7 and 8 o'clock on the Wednesday evening—it is a corn chandler's shop—I said to him "You can come for some oats"—he asked me what time—I told him about 7—he said "I will come to-morrow morning," and we went in and had a glass—he came on Thursday or Friday morning, I won't be sure which; it was a little after 7 o'clock—he only came once—I loaded his van with 15 quarters instead of 12, in 30 sacks—I can't say the value, but he gave me 9l.—his carman took away the van with the oats in it, and I went with him and Partridge to drink at a public-house—he gave me no delivery order—I was unable to give an account of the oats disappearing, and I absented myself for two or three days.
Cross-examined by MR. GRAIN. I did not run away—I showed myself after that, and was at home for a week—I was not taken in custody; I gave myself up—I knew that the prisoner was charged at the policecourt, and that the charge was dismissed by the Alderman—that was before I gave myself up—I have been in Mr. Green's employ nearly two years—I went there the last time without a character—before that I was jobbing about the streets—I have been in Mr. Green's employ before, and he discharged me—I then worked at Muggeridge's sometimes, and at Ashwell's sometimes—I have been in Holloway for 21 days for being with a "chap" who stole a cash-box from an office in Size Lane—I did not break in; it was stolen in the afternoon—the other man got six weeks—I have never been in prison for anything else—I did not tell Mr. Green about that when I went back—he did not know it until you asked me now.
were given to him to hand them over to the clerk at night—about November 8 my clerk made a communication to me, I gave certain information, and on the 9th Fearn was taken into custody—Fearn did not speak to me—he was taken before an Alderman and remanded—we could not find Barham to call him as a witness—the oats stolen cost me 25s. a quarter, and some 30s.
Cross-examined. I went with Brown on 8th November, and watched about the prisoner's place of business, but I did not go inside—I saw three sacks of very fine oats at the station—if I had known that Barham had been convicted I would not have taken him on a second time—I had a very high character with him when he first came.
Re-examined. Fearn was never a customer of ours.
CHARLES BROWN (City Detective). On 9th November, about 10 a. m., I went with Detective Pott to the prisoner's shop, 296, Cable Street, Shadwell—I told him we were police-officers, and he would be charged with receiving, on 2nd November, between 7 and 8 a. m., 12 quarters of oats from a man in the employ of Green and Andrews, knowing them to be stolen—he said "I did receive them; I paid him 16s. a quarter"—I said "Have you any here?"—he said that he had four sacks full and four empties, pointing to where they stood—the four full ones had the name of Green and Aldridge on them, with the address—I showed them to Mr. Green—the prisoner said that he had sold the rest to his customers—I asked where the sacks of the rest were—he said "I sent them up to the firm two days after,'' and that he had no receipt for the money—I took him to the police-court, where he was discharged by the Alderman; but a bill was found by the Grand Jury against him, and I took him in custody again on a Bench warrant—he said "I thought it was all over"—I said nothing about Barham—on 13th December I went to Flowers, from information I received, and received 10 sacks—I heard Flowers examined at the police-court—he is ill, and there is no prospect of his being here.
Cross-examined. The full sacks were standing at the far end of the shop, and there was some com on the opposite side of the shop, which had been shot out of sacks, and empty sacks were standing by with that great mark, "Rutland Wharf," visible on them—he did not keep out of the way; he was away two days, but I believe it was on business—I heard Flowers say at the police-court that he bought 10 sacks of oats of the prisoner—other corn had been put into the sacks, but I found 10 sacks there—I heard Flowers say that the prisoner had given him 10 sacks for a load of hay, and they were very inferior, not so good as he had bargained for; they were rubbish.
THOMAS VALENTINE FOSTER . I am clerk to Green and Andrews, and have charge of the books—Fearn was never a customer—his name is not upon the books—it is not true that he returned a lot of sacks on 4th November belonging to the firm.
Cross-examined. I dare say we have 2, 000 sacks on our premises; they are brought by our carmen and other carmen—if 50 empty sacks were brought into the yard the warehousemen would take them—he would not throw them on the ground or he would get no receipt—every empty sack brought in should be booked, and it is the men's duty to give me an account of all that are brought in—they all bear our name and address, but there is no mark by which we can tell that they have been to a particular customer.
GEORGE PARTRIDGE (Re-examined). If the warehouseman is not there, it is my duty to look after the sacks which are returned, and persons bringing them require a receipt-note for them; I should report to the clerk in the office, and the customer would be credited with them—the warehouseman was absent, and I was in charge two or three days—if 30 sacks had come in in the name of Fearn I must have seen them—I was not away once.
By MR. GRAIN. I did not see Fearn's name on the van, but will not undertake to say that it was not—I noticed no name, and not even the colour of the horse.
The Prisoner received an excellent character.
GUILTY. Strongly recommended to mercy by the Jury — Eighteen Months' Imprisonment, Sentence on BARHAM—Twelve Months' Imprisonment.
THIRD COURT.—Thursday, February 14th, 1878.
Before Robert Malcolm Kerr, Esq.
277. WALTER SMITH (15), CHARLES NEWPORT (20), and CHARLES WHELBURN (18), Unlawfully conspiring with other persons unknown, to steal the goods of Mortimer Manning. SMITH was further charged with being by night in the dwelling-house of Mortimer Manning, with intent to commit a felony.
MR. FULTON conducted the Prosecution; and MR. COLE defended Smith. ELLEN MANNING. I keep the January I heard our bell ring—I went to the taproom and found Smith behind a board and two coalscuttles—I asked him what he was doing—he said, "Going to sleep"—I called a policeman and gave him in charge—I have seen him in our place before; he was there at 4 p. m., and I sent him out—I have also seen the other prisoners in the house.
Cross-examined by MR. COLE. Smith's father had desired me not to serve him with liquor, and I told him not to stop in the place—he had not been drinking just before I found him—I am mostly in the bar—I keep a barmaid—Mr. Manning also serves sometimes in the evening—the potboy never serves the taproom—people who drink in the taproom take their drink in with them.
GEORGE FROGDEN . I live at 6, Goldsmith's Place, Kilburn—I was at the Albert Edward on 25th January—I came out about 12 p.m. with Newport and Whelburn—I have known Whelburn two or three years—I have been living with him about a fortnight—I heard him say to Whelburn that he had stowed the boy away in the taproom, and placed two coal-scuttles and a board in front of him—I went towards the stable door to go to bed, and said, "Charlie, I am getting quite sleepy"—he says, "Well, you can go to bed; I ain't coming in yet"—I heard Newport pass a remark to Whelburn, and I said I should deliberately go and tell the landlord what I had heard—he said, "For God's sake don't go, George, you will get us all into disgrace"—I said, "I cannot help what disgrace I get you into, but I cannot see myself in disgrace or my lodging"—I went to the landlord.
Cross-examined by Newport. I did not see you put the boy under the seat.
January I was called to this public-house, and found Smith in the taproom—I asked him what he was doing—he said that he went there to sleep—he afterwards, when pressed by the landlord, said that he was placed there by two men who were at the police-station—he gave the names of Newport and Whelburn at the station, and said that he was to let them in when all was quiet—there was no appearance of drink about him.
Cross-examined by MR. COLE. He was taken to the station at 1 o'clock the same night.
Cross-examined by Newport. The landlord said if any one else was in the matter he would speak for the boy.
JOHN ELLIOTT (Policeman 17s). About 1 a m. on 25th January I was on duty in Abbey Road—I saw Smith in Boyton's custody for being concealed in a public-house—Smith said, "Yes, and there are two others in it"—I said, "Who are they?"—he said, "I shan't tell; I shall tell the Magistrate all about it in the morning"—at the police-station he gave the names of the other two men as Charley Whelburn, and Charley Newport—I went with the inspector to 17, Alexandra Mews, and up in an old dirty back room over some stables I found the two prisoners lying on an old mattress—I charged them with being concerned with Smith in breaking into a house—they said, "We saw Smith just before the house closed, and that is all we know of him; Frogden knows as much about it as we do"—I took Whelburn—Smith was afterwards confronted with the two other prisoners, and said, ''Those are the two men that placed me in the public-house, and one of them chose the place for me to hide"—Whelburn said, "He hasn't woke up yet; he does not know what he is talking about."
Witness for Smith.
CHARLES SMITH . I am a grainer, of Belgrave Gardens, St. John's Wood—the prisoner Smith is my son—he was 15 on 18th December last—he bore a good reputation till he met with the prisoners about a fortnight before Christmas—he then went away from home and was away a week—he ran away a second time and met the prisoners.
GUILTY . SMITH was recommended to mercy by the Jury.— Judgment Respited . (See Half-yearly Index.)— NEWPORT and WHELBURN— Twelve Months' Imprisonment each .
MESSRS. POLAND, STRAIGHT, and GILL conducted the Prosecution; and MR. MONTAGU WILLIAMS defended Lucas.
MARY ANN HARDING . I am the wife of John Harding, a china dealer, of 180, Tottenham Court Road—on 7th January the prisoners came, and Truscott asked to be shown some wine-glasses—I placed some on the table for their inspection—Lucas preferred those with a thin straw stem, but Truscott said "No, my housemaid is very heavy-handed when she lays the dinner table," and that those would be more likely to be broken, and he chose a dozen port at 36s., and a dozen sherry and a pair of decanters to match at 2l. 10s.—I made out a bill for 5l. 12s.—Truscott said "You are not a good arithmetician, let me correct an error; it is 6l. 2s.; you would have lost 10s. by me if I had not corrected that
error"—Lucas was standing by—Truscott said "Have you any gold? you don't object to a cheque?"—I said "What is the amount?"—he said "8l. 10s."—my husband had taken the key of the safe, so I borrowed 2l. 8s. from a neighbour and handed it to Truscott, who did not take the bill away—this is it; it shows the alteration of the 5 in'o a 6—the name on the back is "Hanbury"—he desired me to send the things to King Henry Road, Hampstead, soon, as he had a dinner party, and I promised to send them by our porter by 6 o'clock—I sent them and the porter brought them back—I afterwards sent a letter, which was returned through the Dead Letter Office—I next saw the prisoners at Marlborough Street—I sent my porter with the cheque to the bank, and it was returned.
FRANCIS FREEMAN . I am a clerk in the London Joint Stock Bank, Princes Street—we have no customer named Gibbs—this is a form used when accounts are transferred from current to deposit accounts—the endorsement "Hanbury" is of no value on such a document—none of the people whose names are on these cheques have accounts at our bank.
EMILY DURHAM . I live at 130, Victoria Road, St. John's Wood, and manage a china shop there which belongs to my father—on 7th January, about 4 p. m., the two prisoners called—Truscott asked to see some cut wine-glasses—Lucas was standing beside him, then he sat down on a chair—I showed him some at 15s. a doz.—he said "I will have a dozen port and a dozen sherry"—he wanted some decanters, but I had not got them to match—Lucas said "It looks better to have them to match"—I said "I could get some to-morrow"—I showed him two or three pairs—he selected a pair at 30s.—he asked me to send the bill with them—when I was making out the bill he said "Will you change a cheque?"—I said "What for?"—he said "5l."—the goods came to 3l.—I gave him 2l. out—he said "You see my name is Beeton; will you send them to 15, King Henry's Road by 6 o'clock? it will be all right; you had better send the bill with them, then we shall know they are paid for"—I sent the goods by a porter, who brought them back—I took the cheque to the bank next morning, and it was returned.
SEYMOUR WALTER GREVES . I am an outfitter of 367, Oxford Street—on 7th January, about 6 p. m., the prisoners came there and selected flannel shirts and other goods to the amount of 5l. 7s. 6d.—Truscott offered me a cheque for 10l.—they said they were clerks at the Joint Stock Bank and were 40 minutes late that morning, and it was a bad example to set their fellow-clerks—Truscott gave the name of Randall—I cannot tell you the exact amount of goods selected by each, but one lot came to about 2l. and the other to 3l.—I said it was not our custom to change cheques—Lucas said he was going to have a Turkish bath and he wanted 10s.—Truscott said "Never mind, to-morrow morning will do; they can come all together"—I was to send them to the bank between 10 and 12 next morning—they said they were always to be found at the bank between those hours—I sent the goods.
Cross-examined by MR. WILLIAMS. I was examined at the police-court—I said "Truscott gave the name of Randall, of the London Joint Stock Bank, City—I said I would send the goods—he (Randall) said he would pay for all."
JAMES ROBERT LAWRENCE . I am an assistant to the last witness—I was in the shop when the prisoners came, and heard part of what took place—the following morning I went to the bank with the two parcels done up in one—in consequence of what the clerks said to me I brought the parcel back, and coming along Cheapside I saw the prisoners in a cab—I followed them to Bishopsgate Street, they got out and ran away—I spoke to a constable, who stopped Lucas, and Truscott was stopped by another constable.
THOMAS CUSICK (City Policeman 880). At 1. 20 on 8th January I saw Lawrence in Bishopsgate Street running after the prisoners and calling out "Stop them"—I followed Lucas, who was running, and who on finding he was approaching another officer slackened, and I caught hold of him—Lawrence then told me that Lucas had uttered a cheque in his master's shop and he wished to give him in custody—Lucas made no statement—I took him to the station, searched him, and found a cheque with the name of Randall on the back, 2l. 5s. 0 1/2d. in money, a pair of new gloves, a pocket-book, a silk handkerchief, and two scarves.
WILLIAM TOWSER . I found some articles in a closet in a house in Bishopsgate Street, and brought them to the station—on the 15th I spoke to Lucas about them in the presence of Truscott—I showed the prisoners the articles—Lucas said to Truscott "I told you so; you might just as well have kept them as put them down there in the closet."
LUCAS received a good character— GUILTY — Eight Years each in Penal Servitude. There were two other indictments against TRUSCOTT.
MESSRS. STRAIGHT and AUSTIN METCALFE conducted the Prosecution.
HENRY BLANKING . I am a carman in the employ of the Great Northern Railway—on 18th December, about 6 p. m., I was in Camomile Street—I had a loaded trolly and a boy to take care of it—I left it outside the gateway at Hyams's, and was absent about four minutes—on returning I missed a bale of goods and some paper—this is the wrapper which I saw the next morning at the police-station.
JOHN HOLLAND . I am a van-boy in the service of the Great Northern Railway—on 18th December Blanking left me with the van to go into Hyams's—some one started the horse—I could not see who, as I was on the van—I got down and ran to the horse's head—I missed a bale of goods, but do not know who took it.
THOMAS MCLANE (Policeman 48 H). About 6. 30 p. m. on 18th December I saw a barrow, with a bale of goods on it, outside the Duke of Wellington public-house in Shepherd Street, Spitalfields—it was covered with an overcoat and this bag—I watched it about 10 minutes—the prisoner looked and then ran and laid hold of the barrow—a woman standing near said "Here comes the copper," meaning the policeman—the prisoner ran off with the barrow—I ran after him, and lost him in a court in Flower-and-Dean Street—I saw him again on 5th January in Flowerand-Dean Street—I took him and charged him with stealing a bale of goods on 18th December—he said that he was in the country—at the Court he said that he was at Barking Road.
Cross-examined by the Prisoner. It was dark; about 6. 30—there was gaslight—you were dressed as you are now—I watched you four yards away from behind—I saw you twice between 18th December and 5th January—no, it was before the goods were stolen that I saw you—I could not get hold of you before 4th January—you tried on the coat; it did not fit you.
FREDERICK GRAY (Policeman H 91). On 18th December I was on duty in Commercial Street, Spitalfields, at 6. 30 p. m.—I heard a cry of "Stop thief"—the prisoner passed me—I pursued him some distance, when the other constable overtook me—I saw the barrow containing a bale of goods, and took it to Commercial Street, and it has since been identified.
Cross-examined. You told the inspector that you had sprained your ankle—I have not arranged this matter with the other myrmidon of the law—I saw you on 18th December and on 5th January, when I apprehended you—I did not say at Guildhall that I saw you five or six times between those dates.
Re-examined. I did not see the prisoner at all between those dates.
Prisoner's Defence. I am innocent. The evidence of the prosecutors rests on the statements of the police-constables. One of them says he saw me on several occasions between 18th December and 5th January, and did not take me in custody. I can prove an alibi, and that I did not leave my lodgings on the 18th or 19th, and that while working at Leytonstone I sprained my ankle and remained at home two or three days. The coat was left behind by the thief, and they tried to squeeze it on me, but it would only go to my shoulders with great difficulty, which is sufficient proof I was not the owner of it. This is the first charge ever brought against me. I have been engaged as a bricklayer, and support an afflicted father who is now on his deathbed. Through want of means I live in a poor neighbourhood, and am surrounded by thieves, though I am not a thief nor the companion of thieves.
Witnesses for the Defence.
Cross-examined by MR. METCALFE. He lives at 34, Flower-and-Dean Street, but he came to my house at Leytonstone with a sprained ankle and remained there—I had known him three weeks before—I do not know about his living at Mrs. Allen's—before 18th December he kept coming and going because his father was ill—he was working as a bricklayer at Leytonstone on 15th December.
Cross-examined. He first came to my house four or five years ago—he visited his father, who is now in the union—he was not residing in my house before the 17th—he came there on that day with a sprained ankle—I understood he was working at Leytonstone on the 17th—I am the deputy to the landlord—the prisoner certainly was not working for a builder on the 18th. NOT GUILTY .
280. GEORGE PALMER (25) and WILLIAM MOLE (25), Burglariously breaking and entering the dwelling-house of Elizabeth Stevenson and stealing a box and other articles her goods, to which PALMER PLEADED GUILTY .
MR. FULTON conducted the Prosecution; and MR. W. SLEIGH defended Mole.
ELIZABETH STEVENSON . I keep a beer shop at 129, Devonshire Street, Mile End—about 3 a. m. on 16th January I heard a noise, and waited for a policeman twenty minutes—I opened my window and spoke to a policeman—I then went downstairs—I missed a cruet-stand and a silver thimble—I found my ladder in the Foresters' club-room—it had been taken from the passage and let down into the room, which had been entered in that way—the ladder was locked up, but the place had been broken open—a number of cigars were lying on the counter, and the place was in great disorder—all these things (produced) are my property.
THOMAS TURNER (Policeman K 256). On the morning of 16th January I was on duty in the neighbourhood of the prosecutor's house—my attention was attracted by Mrs. Stephenson calling out at the window—I saw the prisoners leave the prosecutor's house and come over a side wall by some almshouses next door—a side door leads from the premises into the almshouse grounds—I went into the grounds and said "Halloa! what's your game here?"—they made a full stop—I rushed and caught Palmer—Mole slipped by me into the street—I saw him the next day at the station, when I picked him out from others—I am sure Mole is the other man.
Cross-examined. I did not mention my going into the grounds at the police-court—I said I met the prisoners coming out of the grounds—I did go into the grounds—I sprang my rattle—I identified Mole on 17th January—I gave my evidence on 16th—I saw Inspector O'Callaghan before identifying Mole—he did not speak to me about Mole; he told me to go into the library—Mole was not there—O'Callaghan said "256, this way; do you see anybody here you have seen before?"—Palmer's name was not mentioned before I saw Mole—Mole was not put among policemen, but among nine or ten men taken from the street—it was about 9 p. m.—Mole was in the charge-room—I passed through the charge-room to go to the library—only policemen were there then.
WILLIAM MUSGROVE (Detective H). I apprehended Mole on 17th January, at 7. 30—he was placed with eight men who had been asked to come and who had been walking in Bethnal Green Road—no constables were among them—they were men of Mole's stature—I saw Mole identified by Turner.
Cross-examined. I took Mole in custody in Swan Street—I have seen him there repeatedly—I know Mrs. Palmer now, the wife of the man who has pleaded guilty—I never saw her previous to the 18th at the police-court—I told Mole he was charged with being concerned in the robbery—he said ''Yes, I know all about it," and ''Palmer's wife has just left me, and I suppose she told you I was here," and "If I had been in the robbery I should not have stayed here, because I had plenty of time to get away."
ALEXANDER GIBSON . I am a carman of 36, Worley Street—about 3 a. m. on 16th January I was going along Devonshire Road—I saw the prisoners running to the gateway, and a constable rush by and seize palmer; I ran alter Mole—I saw his face—I was only a couple of yards from him when he passed me—I next saw him in the dock at Worship Street—I have no doubt he is the man.
Cross examined. I am employed by the Great Eastern Railway—this was a dark night—the prisoners were standing together when I identified Mole.
GEORGE KITCHENER (Policeman K 630). I was on duty on 16th January, about 3.15 a.m., in Cambridge Road, which is about 400 yards from the prosecutor's house—I saw a man hurrying along—I stopped him and asked him what was the matter—he said "Nothing"—I turned my light on him—he seemed out of breath—I subsequently went to Bethnal Green police-station, and identified Mole as the man I saw in Cambridge Road—I picked him out from eight or nine strangers—I have no doubt he is the man I saw.
Cross-examined. I did not give my evidence till the third remand—I cannot tell you when Mole was apprehended.
GUILTY . The Prisoners were further changed with previous convictions—Palmer in January, 1876, at Clerkenwell, and Mole in June, 1873, at Worship Street, to which they PLEADED GUILTY>**— Seven Years' Penal Servitude each
NEW COURT.—Friday, Feb. 15th, 1878.
MESSRS. POLAND and STRAIGHT conducted the Prosecution; and the Prisoner, under the advice of MR. M. WILLIAMS, having stated that he was GUILTY of unlawfully wounding, the Jury found that verdict.
He received a good character— Five Years' Penal Servitude .
Before Mr. Justice Mellor.
MARY BELLCHAMBERS . I am housekeeper to General Shaw, who resides at Woolwich—the prisoner is my husband, he was butler in the same establishment—in October last year I was first ailing, I then got a little better, and then became very poorly again—about 1st November my husband brought me a glass of port wine, which he said was from the General—I went to drink it, and it was so unpleasant that I could not drink it—I said, "Oh, Chambers, you have put something in this wine"—he said, "Oh, I am sure there is not; if there is, the General has put it in"—I said, "I am sure the General would not put anything in a glass of wine that he sent down for me to drink"—he then said, "I only put a piece of bitter aloes in to set you against it"—he threw it away—next day I told him I felt very uncomfortable about the wine, and I had a great mind to speak to the General about it—he dared me to do so, he said I should know the consequences if I did—a few days after that my tea became very unpleasant, and there was a great sediment at the bottom of my tea-cup—on the morning of 8th December I made my tea as usual; I put in a grain of carbonate of soda to make it draw—I placed the teapot on the hot late by the fire while I did my work; I was in and out of the kitchen; my husband was in and out as well—there was no one else there—my husband breakfasted with me that
morning—he did not have tea, he had cocoa, that was his habit—at first I partook of two cups with milk and sugar, the third cup I poured out without milk and sugar, and there was a large sediment rose to the top and went like water—the first two cups tasted very unpleasant, that attracted my attention—I put the contents of the third cup in a bottle and corked it down, and took care of it—my husband was not present when I did that—I put it in a drawer in my bedroom—a few mornings after that I found a paper containing a dingy white powder in the pocket of a waistcoat which my husband had been wearing, it was wrapped in blue paper; I took a portion of it, wrapped it up in a piece of white paper, and kept it in my pocket, and on the Thursday before Christmas I took it to a chemist and showed it to him, and afterwards my sister handed it to Dr. Robertson in my presence, and I also gave him the bottle on the Friday after Christmas, when he came to attend me—I told my husband that I knew I was suffering from this poison, and I must tell the doctor what it was—he told me to tell the doctor I had made a mistake in putting the sugar of lead into my tea in place of the soda, as the doctor would soon get me well and nobody would know anything about it—the doctor saw me in my husband's presence, and I told the doctor what my husband had told me to say—the doctor said I had had a very strong dose of poison, he could see it in my gums—he has attended me ever since, and is attending me now—I am still suffering from weakness and from my right hand; I think it will be paralysed—I had had no quarrel with my husband prior to October.
Cross-examined. He is a teetotaller and a Good Templar; he has never tried to persuade me to become so—I keep the carbonate of soda in a bottle in a cupboard—the sugar of lead is something like soda in its appearance, there is a different shade in it; it is a slight difference, the lead shines more—I don't keep any sugar of lead in the cupboard—my husband did not tell me that I might have made a mistake and put the powder in instead, I am sure of that; he told me to tell the doctor so—I left the bottle with Mrs. Podd, a friend, from the Thursday after Christmas till the Tuesday following, because I became so ill.
Re-examined. I did not keep any other bottle of that size in the cupboard or any packet—I never had any sugar of lead; I never heard of it till the chemist told me what it was—my sister fetched the bottle from Mrs. Podd's and handed it to Dr. Robertson.
ELIAS FORD (Police Inspector R). From information received I went on 3rd January to the residence of General Shaw in Wood Street, Woolwich—the prisoner opened the door to me—I asked for his wife—he took me into the kitchen, where I found her—I called the prisoner to my side and asked his wife whether it was true that she was suffering from lead poison; she said yes—I said "How long has this been going on?" —she said "On the 1st November my husband gave me a glass of wine which was sent by the General; it tasted so beastly that I could not drink it—I accused my husband of putting something in it; he at first denied having put anything in, and afterwards said that he put a little bitter aloes to set me against it"—I said "Was that the first time that you tasted anything unpleasant in anything?"—she said "Yes; but I have been poorly on and off ever since October; I also found my tea unpleasant, and I preserved a portion and handed it to Dr. Robertson"—I then told the prisoner that I should charge him with administering poison with intent
to do grievous bodily harm—he made no reply—on leaving the kitchen he said to his wife "Good-bye, dear; I did not mean to do you any harm"—I took him to his master in the dining-room and related the circumstances to him, and the prisoner made no reply—on the way to the station he said "My wife is acting very sharply towards me, as she is getting on nicely"—on the same day I received a powder in a paper and a bottle from Dr. Robertson; he tested the powder in my presence—I kept the bottle till I handed it to the analyst, Dr. Debus.
MARTHA PODD . I am the wife of William Podd; we keep a shop in Woolwich—Mrs. Bellchambers left a bottle with me one Thursday in December, and on the Tuesday following I gave it, in the same state, to her sister, Mrs. Mann, who came for it.
EDMUND BYRON ROBERTSON . I am a surgeon, practising in New Road, Woolwich—on 28th December I was called to attend Mrs. Bellchambers at General Shaw's—I examined into her condition, and found that she was suffering from lead poisoning—she told me, in the prisoner's presence, that she had taken the lead by mistake for carbonate of soda—I asked her how—she said, "In tea"—I gave some directions as to treatment—I saw her again next day, and from the symptoms I should say that she had been taking it for a long time—there was a large deposit of lead in the gums, round the edges of the teeth—the symptoms of lead poisoning are very marked when it has been taken some time—paralysis is a common result of it—Mrs. Bellchambers is suffering from partial paralysis of the flexures of the right forearm—I received a powder from Mrs. Bellchambers's sister, and a bottle containing liquid—I tested the powder in the presence of Inspector Ford, and found it to be lead; I obtained a globule of metallic lead from a small portion of it, and from the smell and other things I came to the conclusion that it was acetate of lead, that is sugar of lead—Mrs. Bellchambers is still under treatment, and is likely to be so for six weeks or two months.
Cross-examined. Sugar of lead would not necessarily produce sickness, it might do so—I have frequently given it for hemorrhage, without producing sickness; if given in large quantities it might cause vomiting, not dysentery, it produces constipation, not one dose, a number of doses—I asked Mrs. Bellchambers a few general questions as to her symptoms, but I told more by her face; the outward symptom of taking sugar of lead would be duskiness of the skin, and internally you would find deposit on the gums, a blue line—she has duskiness now, which I attribute to the lead—the other symptoms would be colic, griping and twisting pain in the bowels and limbs, which she has.
HENRY DEBUS . I am professor of chemistry at Guy's Hospital—I received this bottle from Inspector Ford, it contained 2¼ oz. of a liquid which I submitted to analysis, and found 4 grains of metal in a part of the liquid—after standing for a time a sediment separated from the liquid, and a precipitate of this sediment contained nearly the entire quantity of the lead—the liquid itself contained a little lead in solution.
Cross-examined. Sugar of lead differs in appearance from carbonate of soda; it is sold in crystals, and carbonate of soda is sold in powder, and the weight is very different—this (produced) found in the prisoner's
pocket might be mistaken for carbonate of soda in this condition; if sugar of lead is kept in a warm place it would lose its wall of crystalisation and become like this in course of time—a quantity put away in a cupboard near the fire would be likely to have this appearance.
Re-examined. In a hot place it would take two days to produce this appearance, it depends upon the atmosphere; if the air is dry and warm, very soon, if moist and in solution it might keep for six months or a year—carbonate of soda is usually sold as a white powder, and it is whiter than this, still a mistake might be made; not looking, you might mistake one for the other.
The Prisoner received a good character. NOT GUILTY .
There was another indictment against the Prisoner for a like offence upon another day, upon which no evidence was offered . NOT GUILTY .
MR. LLOYD conducted the Prosecution.
BENJAMIN BRYANT . I am a baker, of Plumstead—on 4th January, about 8 o'clock, the prisoner came in and gave me a half-crown in payment for two buns—I told him it was bad—he said that he took it in the City that morning in change for a half-sovereign—I kept it and gave it to a constable.
Cross-examined by the Prisoner. I could not follow you because I had no one to leave in my shop—I am certain it was you.
SARAH CAVEY . I live at 9, Derby Terrace, Plumstead—on 4th January, between 7 and 8 o'clock, the prisoner asked for half an ounce of twist tobacco and put down a half-crown—I did not take it up because my baby was in my arms—I gave him 2s. 2 1/2d. change, and he left—I afterwards tried the half-crown, and found it bad—I gave it to Morgan, the detective—I am positive the prisoner is the man.
Cross-examined. You spoke the word "twist" plainly. (The prisoner here stated that he was unable to say "twist.") I said at the Court that I was positive it was you, but if you said "No," I would not go against you—when the detectives came, I said that you had a very heavy moustache—I felt that the half-crown was light before I put it with other money.
ANN JONES . I am the wife of George Jones, of 13, Warwick Street, Woolwich—on 5th January the prisoner Langton (See next case) came for twopennyworth of sweets and paid with a florin, and while I was taking it up, another man put his arm in at the window and asked a question—I answered him and gave Langton 1s. 10d. change—after he had gone I found the florin was bad—I went out and saw Collins and Langton go away—I gave the florin to Inspector Ford.
Cross-examined. You are not the man who came in for two oranges—you only came as far as the door—I followed three of you up Warwick Street and down Coleman Street to a baker's shop—I saw you come out and followed you again, but there being so many people about I missed you, and went to the station and gave a description—you asked me the price of oranges, but did not pay me for any—you are not the man who came in for oranges, and you did not tell me that you had been a sailor on board the Fisgard, but you joined Langton and the other man up the hill—I swear that because I saw you with them.
Re-examined. I have no doubt about the prisoner being the man.
EDWARD FAIRBROTHER . I am a baker, of Woolwich—on Saturday evening, 5th January, between 7 and 8 o'clock, a man came in for some buns—I did not recognise Langton at the police-court, but he stated positively that he was the man—he put down a florin and I gave him 1s. 10d. change—Collins came in just at the same time, and asked for a pennyworth of cake—I said that they were 1s. each, and we did not cut them—he took two buns from the window and put down a penny—I immediately examined the florin given me by Langton, and it was bad—I stepped round the counter as quick as possible, but they were both gone—I gave the florin to Davis.
Cross-examined. Nothing you have said is true.
WILLIAM MORGAN (Policeman 155 R). I took Collins on 5th January and Davis took Langton—another man was with them and we were in search of them, and came suddenly upon them looking into a shop—they immediately made a move, and Langton said "Run, Jack"—Collins ran ten or twelve yards and I caught him—Langton ran across to me, and Collins said "Sling it"—I saw Langton's hand go, and heard something strike the wall—he struggled a little longer and threw something down and put his foot out—I searched but found nothing—I told him he would be charged with uttering counterfeit florins—he said "I know nothing about them"—he dropped something, and a railway porter picked up a ticket—I searched him and found 13 shillings, 16 sixpences, two threepenny pieces, twenty-six pence, fifteen halfpence, two farthings, a Hanoverian medal, four packages of tobacco, three of sweets, and three of ties—Davis came in with Langton, who said "I will see they do not get out of it, for it is through them I have got into trouble"—Mrs. Cavey gave me this half-crown.
PATRICK DAVIS (Policeman 238 R). On 5th Jan. I received the bad florin from Mr. Fairbrother, who gave me a description—I went into Woolwich with Morgan and saw the three men together—I walked towards Langton, who saw me and walked away—I walked after him; he ran and I ran after him—he put his hand in his pocket and threw something against a wall—I heard a jink of money and picked up three florins and 1 1/2d.—I told him he would be charged with two other men with passing counterfeit coin—I received this other half-crown from Bryant.
Prisoner's Defence. I know nothing of the two half-crowns which I am charged with uttering. The young woman said that she did not like to swear to me, unless I owned to it. My belief is that she has been tampered with. I know I am a wicked man, and it will take a long while to convert me, but I am innocent of this. GUILTY .**
MR. LLOYD conducted the Prosecution.
HENRY SHELDON (Policeman 40 R). I took the charge—Langton requested me to take down this statement—Collins was present. (Read: "I, Stephen Langton, 21, Greville Street, Leather Lane, Holborn, labourer, age 63, desire to make a statement, which is to the effect that me and my fellow-prisoner, whom I only know as Jack, and a third man named Jim, who have escaped, took train from London Bridge between 4 and 5 p. m., the 5th inst., with 20 counterfeit florins, the whole of which was carried by myself. The principle upon which Jack purposed was this. The man Jim who escaped to push them off, Jack to supply him as he succeeded in passing them off, and me to supply him; Jack to have one ready to pass to Jim until they had run out, then to take the train back to London with return ticket, which me and Jack had provided ourselves with. Jim only having taken single ticket would return alone in consequence of being the most conspicuous. My fellow-prisoner procured the counterfeit florins the night previous, about 9 p. m., somewhere in the neighbourhood of Kent Street. He said he could get any quantity of them, but they were only to be got at night. Me and Jim accompanied him as far as a court leading from Kent Street to Great Dover Street, where we waited until he obtained them, I then having to carry them home to our lodgings at 21, Greville Street, all three of us lodging at the same lodgings and slept in the same room for about 12 or 14 days. This statement is made by me voluntarily and at my own request, and without any inducement from any person whatever.—Stephen Langton."
Langton's Defence. I dare say it will somewhat surprise you my making that statement, notwithstanding it is a tissue of falsehoods. The way I got the money was totally different. The four florins were given me by the man who has escaped, but I did not know they were bad. Collins knows nothing about it. I admit throwing the florins away.
Collins's Defence. I was not at Woolwich at the time. I will pay for sending for the books of the place where I lodged, which will prove that I was there at the time, and paid the deputy for my lodging.
COLLINS— NOT GUILTY . LANGTON— GUILTY . He was further charged with having been convicted of felony at Newington in September, 1866, to which he PLEADED GUILTY**— Seven Years' Penal Servitude .
Sentence on COLLINS in the last case— Ten Years' Penal Servitude .
MR. FULTON conducted the Prosecution; and MR. LILLEY the Defence.
THOMAS MOON . I am a master mariner of the brig Ward—on 23rd January the prisoner was engaged as seaman—I instructed the mate what to do and left the ship—I afterwards asked the prisoner what was the matter with him—he said "Nothing"—I called the mate to explain—the mate said the prisoner would not work—that was in the prisoner's presence—the prisoner said "You a b—flaming liar"—the mate was going towards him, and I went towards the mate—the prisoner stabbed me on the hand, and was coming a second time, when the mate seized him and took this pricker from him, which is used for splicing small ropes.
Cross-examined. This occurred about 4 p. m.—the prisoner is a Dutchman and understands English imperfectly—he said nothing except "It is too cold to go aloft"—it was a cold day, the wind was blowing, and there was a drizzling rain—I did not strike him—I knew of no quarrel
between the mate and the prisoner—the mate made no complaint except that he would not work—the prisoner was sober—he had shipped about ten days—neither I nor the mate had done the prisoner any injury—it is all in the log.
WILLIAM CHAMBERS . I am mate of the Ward—I gave the prisoner orders to scrape the mast-head—it was rainy, windy, and showery about 3.30, but before the shower came on the men came below—the prisoner said it was cold—he did not disobey me, but it took him till 11 o'clock to get there, and he was down again at 11. 30—the master returned later in the day and I told him about it—he said to the prisoner "What is the matter with you?"—the prisoner said "Nothing"—the master called me out of the cabin and said "This man says there is nothing the matter with him"—I told him about it—the prisoner said I was a b—liar,
and took this pricker in his hand and struck the captain—he was coming a second time, when I struck him on his hand and seized the pricker—we had not ill-used the prisoner, and were on good terms win him—the captain fainted twice in the surgery.
Cross-examined. I am a Yorkshireman—I do not understand all the prisoner says—I did not strike the prisoner when the captain seized him, nor at all that day.
JOHN LEACH (Thames Policeman 56). About 5.30 on 23rd January I was called on board the Ward—I took the prisoner and told him he would be charged with stabbing the prosecutor—he was at first on board another vessel—I directed him to be called—he said" We had a row, my blood came up, and I used the pricker which I had in my hand at the time"—I said "You have done wrong, I shall take you to the station, and you will have to answer the charge"—at the station he said "The captain was down on me and kicked me, and in self-defence I used the pricker"—he had a swelling on his temple, and he said "That is what I got, he kicked me when I was down."
Cross-examined. The skin was not broken—it might have been from a blow or a fall.
GUILTY of a Common Assault — Four Months' Imprisonment .
MR. FULTON Conducted the Prosecution.
JANE ELIZABETH KNOWLES . I am single, and keep a boot-shop at 39, Church Street, Woolwich—I employ the prisoner as a boot-maker—on Tuesday, 15th January, I missed a pair of boots which he had made the Saturday before—I had put them on a shelf over the counter; and near the window—a person coming into the shop could take them, but the parlour is close to the shop and there is a window looking in—the prisoner has not been in the shop to my knowledge.
RICHARD LINTOT . I am a pawnbroker's assistant in High Street, Woolwich—on Monday, 14th January, these boots were pawned at our shop by the prisoner for 5s.—he said he had made them for a man who had taken them away, and worn them a short time, but found them too small and they we're left on his hands.
WILLIAM MORGAN (Detective R). I took the prisoner, and charged him with stealing the boots—he at first denied it—I sent for the pawnbroker, who picked him out from several other men who were drinking in the tap-room—he then said "I did not steal them, but I pledged them."
Prisoner's Defence. I was out with some men, two or three of whom I knew. One man said ''There's a pair of boots to be pawned, and we want the money. '' I said I would pawn them. I then saw they were my own make, but did not know how the man came by them. I could easily find the man, and Mr. Morgan told me he would find the man, but he did not. NOT GUILTY .
MR. FULTON conducted the Prosecution.
FANNY BEVISTOCK . I am in the service of Mr. Wallbridge, of Dua House, Lansdowne Villas, Leith—on 11th January I went upstairs to my work—on coming down I missed an overcoat from the passage, and a jacket, and a large bundle of waste paper from the kitchen—these books I saw last safe on the 11th January—the kitchen door was ajar—on the following Monday I missed this spoon from the kitchen dresser—I had seen it last on the Friday—we did not have occasion to use it from the Friday till the Monday.
THOMAS COCKLE . I keep a jeweller's shop at 22, King Street—on Friday evening, 11th January, the prisoner pawned this spoon at my shop for 3s. 3d.— he said he found it in some rubbish—a constable brought him into the shop about two hours afterwards.
THOMAS HARRIS . I am a grocer at Lewisham—on 11th January the prisoner brought me this parcel of paper, and I bought it—I next saw him at the police-court—I have known him some years and have no doubt he is the man.
Cross-examined by the Prisoner. Another person was with you when you came to my shop, who remained outside—I did not see you give him the money, nor see him come in, tap you on the shoulder, and tell you to make haste.
JAMES BAKER (Policeman 289 R). I took the prisoner on 12th January—I took him to the jeweller, who identified him as the man who pawned the spoon—on leaving the door he said "I have spent the money"—he was charged at the station with unlawful possession—he said that he took it from the dresser—that was after he was remanded.
Cross-examined. I took you up as a deserter, and then to the jeweller's shop—you were with another man—I had no charge against him.
Prisoner's Defence. I am innocent of stealing these things. I met a man who said he had some things which he had bought, and after I purchased them of him he said he had stolen them. I met him next morning and he asked me if I would sell some paper. I took him to Mr. Harris, who knows me. If I had stolen the things I should not have taken them to people who knew me. The jeweller also knows me by sight. I told him I got the spoon from some rubbish, because if I had told him I had it from another man, he would not have bought it. I sold it for another man. NOT GUILTY .
MR. FULTON conducted the Prosecution.
WILLIAM LASHMAN . I am assistant to Mr. Payne, a draper, in High Street, Woolwich—on Thursday, 10th January, between 7 and 8 p. m., I missed a bundle of 11 shirts from the lobby—I had seen them a few minutes previously—they were just outside the glass door and tied by a string to a nail—any one pulling the string would loosen the shirts.
WILLIAM CROUCH (Police Inspector). I live in Woolwich—on 10th January I was outside the prosecutor's shop—I saw the prisoners looking attentively at the shop—I heard the prisoner Harry say "Go down and see if he intends coming, and tell him if he is not there by half-past it is no use''—the other returned and said "He won't come," and he said "I can't do no more for him"—they went away.
JAMES GORDON . I keep the George and Dragon, 47, High Street, Woolwich—on 10th January, between 7 and 8 p. m., the two Pickfords came and asked me to take care of a large black bundle in a cloak—I saw a shirt sleeve—I refused to take care of it.
JOHN GREEN (Policeman RR 32). On 10th January, between 7 and 8, I went to 4, Cannon Row, Woolwich, which is a brothel—I saw the prisoners and requested them to go back to the room—they did so—I searched but found nothing there—I requested the male prisoners to go with me to the George and Dragon—they did so, and were identified by Gordon as having a bundle in their possession—I took them to the station, and went back to the lodgings with another constable, and with the landlady's permission we drew the staple of the prisoners' room—a soldier was in bed—we lifted him up and found the shirts underneath him—on being charged at the station, the prisoners said they were innocent.
Thomas Pickford's Defence. I went to Woolwich on 9th January, intending to get work—I met my brother, who pleads guilty to stealing these things, but I knew nothing about it.
THOMAS PICKFORD and SARAH HART— NOT GUILTY . HARRY PICKFORD— Twelve Months' Imprisonment .
MR. FULTON conducted the Prosecution.
EBENEZER PERT . I am manager to Mr. Very, a draper, of Woolwich—on 13th January I was serving a customer, and heard a chair fall inside my door—I went to see what it was, and missed a piece of linsey which I had seen safe about two minutes before—I reported it at the police-station.
SUSANNAH DOVE . I am 15 years old, and live with my mother, who keeps a wardrobe shop—on 10th January, Henry Pickford came to the shop with some linsey to sell—Thomas was with him—he remained outside—I told him I did not want to buy it—I next saw them at the police-court, and I picked Harry out from other men.
ANN SPENCELY . I keep the Duke on Horseback public-house, Woolwich—on 10th January, the prisoner Hart brought some linsey to sell between 7 and 8 p. m.—I had seen her in the house once or twice before—she said she had bought it when she had money, but was very badly off,
and she wanted to sell it—I bought it—I gave it up to the police when I heard she had taken it.
NOT GUILTY .
290. JOSHUA JOHNSON (36) and THOMAS POWELL (37), Stealing 21 pairs of boots, 200 leather soles, and other goods, of Edward Barnett and others, their masters. Second Count charging POWELL with receiving the same.
MR. GILL conducted the Prosecution; MR. MOIR appeared for Johnson, and MR. FULTON for Powell.
EDWARD BARNETT . I am in partnership as a wholesale bootmaker, at 1 to 4, Room Street, Greenwich—on 18th January Johnson was my foreman, in the closed upper and material department, and Powell as a boot closer and maker—on 18th January, in consequence of information I received, I communicated with the police, and afterwards went to Powell's house, 101, East Street, Walworth Road, with two detectives—it is a respectable house, with a workshop at the back, where a manufacturer sends out work and pays so much for what is done—I saw Powell and said, "There have been a great many mistakes, and it is necessary that every man's work should be examined"—Powell said, "I will get my book"—I said, "I want to see the work, not the book"—on entering the first room I saw some of my goods—I took them down, and said, "These are mine"—Powell said, "They are not"—I said, "Here is my stamp"—he said, "They are your soles"—I said, "Here is my stamp scraped out of the upper"—he asked me to have mercy on him—he gave me no information of the stamp being scraped—I found more than 100 pairs of my uppers—he said that he bought them of Johnson at nine-pence a pair all round, and had paid him 2l. on account, or else the full value, I am not sure which—I know them by the stamp, also by the patterns—there were a lot of other uppers there—the proper price would be from 1s. 9d. to 2s. per pair—I also found seven pairs of heavy boots, and five pairs of others—I know those by the style of the upper—the stamp has been scraped out, but you can see where the leather has been scraped—I saw a lot of soles and heels—Powell said, "They are not all yours"—I said, "Pass into my hands what is mine"—he did so, and I found between 200 and 300 of my soles and heels; the heels fit this knife, which is not used by one in 100 manufacturers—this a list of the goods which I found belonging to me—Johnson had the entire charge of cutting out and taking out of the work—a clerk was kept to assist him in the booking, as he could not write fast and well enough himself—33 pairs were found at Powell's house which are not entered—those are not charged—I and the detectives then went back to Johnson at our office, and said, "We have been heavily robbed;" do you know anything about it?"—Johnson said Powell had bought some uppers of him, but they were his uppers, and that he had paid him ninepence a pair all round for them—I then went to Mr. Snead's, a bootmaker, and found a number of my toe-caps there—I know them by my clickers' mark—none of the goods were entered.
Cross-examined by MR. MOIR. I have known Johnson eighteen months or two years—I have found fault with him, but had not found him dishonest—Johnson bought of me, but not largely, and I never sold him uppers, only skins—I do not stamp the skins—the ring of the stamp is used, but it is not common—no one but Johnson had a right to give
out work—I do not know Mr. Spratley, nor if I employed Mr. Sutton—I know Mr. Church, and Wallace, a workman, Leyton, Arthur, and Tyrrell, who was under Johnson; also Lincroft and Clements—I have employed those men—goods were not sent out alter 8 o'clock with my sanction.
Cross-examined by MR. FULTON. I first asked Powell what work he had out of mine—he said "33 pairs" at once—I asked if they were entered—he said he did not know, and got his book—I explained to the Magistrate that those 33 pairs were not entered in my book—the charge with respect to those was withdrawn—I do not remember Powell saying that the leather had been scratched in order that the ink might take—it is not scratched so deep as that—the stamp is a ring mark when in stock, and when ordered we put in a "O"—I never bought uppers with that mark on—I bought the stamp of a respectable man—I cannot answer whether I asked for a particular stamp—more than nine are marked "O," and more than 15 with the ring—I have sold a Mr. Smith uppers of other makers, but not our own—I know our own pattern from others—this is not our pattern—I looked inside because you mentioned Smith—you must be in the trade to be able to distinguish the patterns—a proper quantity of material is always given out—it varies according to the class of work—our knives fit all those heel-pieces—there is about a quarter of a cwt. there—they have not our mark upon them—yon may buy the same kind of knife at 50 places.
Re-examined by MR. GILL. I have been in the business all my life—I have no doubt the goods are mine—Powell admitted the soles were mine—Powell never mentioned Smith.
WILLIAM PARKER . I am employed by Mr. Barnett, and I received my orders from Johnson to enter the goods that were sent out and came in—Johnson called them out—I did not enter the 33 pairs—Powell used to come for his work between 8 and 9; 8 o'clock was the proper time—I have my books here—the 33 pairs were entered the day after—sometimes I left the premises first, and sometimes Johnson.
Cross-examined by MR. MOIR. I have remained till 9. 15, and frequently till 9—I never observed any attempt at secrecy in Johnson's manner—I knew the 33 pairs were to be entered two or three days before—Johnson asked me if I had entered them, and I looked at the book and found I had not—I had been called away at the time—I had no reason to suspect Powell in coming so late—I do not know Spratley—I know Wallace and Arthur.
Cross-examined by MR. FULTON. I do not know the value of uppers—I have been four months in Mr. Barnett's employ. Re-examined. I never heard of Johnson selling anything to Powell.
JAMES BAKER (Policeman 289 R). About 1. 30 p. m. on 18th January I went with Mr. Barnett to 181 Walworth Road, a private house—Powell opened the door—Mr. Barnett asked him what work he had belonging to him—Powell said "33 pairs of women's"—Mr. Barnett asked if they were booked—he said he did not know, and his wife looked and found they were—Mr. Barnett then asked if they were booked in his book—Powell said he did not know, but that they were served out by Johnson—Mr. Barnett asked him if he had any other work belonging to him—he said "No"—Mr. Barnett then looked round the shop and examined some heavy boots and said" These are my property"—Powell said they
were not—Mr. Barnett said "I can see the ring mark; there is also a stamp in the waist of the sole, a figure"—Powell said they were not, but afterwards that they were his—Powell said they scratched the leather to make the ink take better—Mr. Barnett asked if he had not sold 13 pairs similar to them—after hesitating, Powell said that he had, and that he got them from Johnson—Mr. Barnett then looked into the cupboard of the same room and saw several pairs of women's uppers and said, "These are my property"—he examined them; some showed the marks, and those that were not his he put back—Powell helped to sort them and said he paid Johnson 9d. a pair all round for them, that Johnson had asked him some weeks before whether he would have them, and he had paid him 2l. deposit—Mr. Barnett asked him if he had got any from anybody else, and Powell said he got them all from Johnson, and that they were some Johnson had left from business—Mr. Barnett looked round and found 72 pairs of toe caps, which Powell said he received from Johnson—after the goods were selected I told Powell that if he could not give a satisfactory account of the possession of the property, I should take him in custody for receiving the goods, well knowing them to be stolen—Powell said that he had several extra pieces put in when the work was served out—Mr. Barnett said they ought not to be put in—Powell cried and asked Mr. Barnett to be merciful to him for the sake of his wife and children, and repeated the same on the way to the station—the wrong parcel of uppers have been brought here by mistake—these 33 pairs are not charged.
Cross-examined by MR. MOIR. Powell said he got the uppers from Johnson in the way of business—they were all put into a bag.
Cross-examined by MR. FULTON. The clicker's mark is an ordinary one—I left behind the parcel containing the 90 pairs, by mistake—the Magistrate said there was no charge as to the 33—both parcels are the same size.
WILLIAM BARRY (Policeman 141 R). I went with Baker and heard the conversation—I have heard his evidence—it is correct—I took Johnson and said to him "Mr. Barnett has told me that he found a large quantity of his property in Powell's house, which Powell says he bought of you"—Johnson said "I did sell him some; they were what I had left when I retired from business."
JOHN HALL . I am a shoemaker, of 53, Royal Oak Road, Newington Butts, employed by Powell—on 3rd December Powell called me into the kitchen, showed me some women's kid uppers, and asked me what I thought of them—I said "I think they are worth half-a-crown"—he said "Do you think they were cheap at 1s. 9d.?"—that was all that passed then—on 5th December I called to see the uppers—Powell took out 75 pairs—he said he bought them at 9d. a pair and 75 toe-caps were given in—on 9th December Powell said "I want you to make me 20 pairs of boots that have got to go home on Saturday"—I said "I will have a try"—I called on him the following day and went in too quick for him—he said "What do you want?" and put an upper he had taken down on one side, and said ''Send the boy if you want anything"—he came in on the Thursday morning, and said "I will leave you in charge of these uppers," and I was to get on with them as fast as I could—I could not get on; I thought there was something wrong; I examined them and noticed the circle mark—I said "Mr. Powell, you ought to be cautious
over this job"—he said "It is all right; I had them of a man who has been in business, but has made a failure of it."
Cross-examined by MR. FULTON. I was going to mention the mark before the Magistrate, but the stopped me, and said they had had enough evidence—I said to Powell on 5th December "You ought to be cautious," because I had a suspicion—I have been in the trade about 36 years—the scratching was not to make the ink take better—I never saw a similar ring mark on an upper before—I made up 13 pairs—I was paid.
Re-examined. I was the last witness called before the Magistrate—I gave information to the prosecutor—I never saw him before—Powell asked me to pawn the goods.
Cross-examined by MR. MOIR. I have known Johnson about nine months, while I worked for Mr. Barnett—he told me he had skins, but I never saw them—I had no reason to doubt him—about four months, ago I offered to go into partnership with him—I have seen Powell come for goods—I gave Powell three pairs of uppers to close the night before he was taken—I have cut patterns for Powell's own use.
Cross-examined by MR. FULTON. I believe Powell carries on business on his own account—I cannot say to what extent—the stamp is an ordinary one, with the addition of the letter C—sometimes shoemakers use a figure, and sometimes a letter, but I never saw the "C" on any other make—this one is marked with a "C," but it is in another place—I should say the uppers would be worth about 1s. a pair all round—I would not give 9d. for some of them.
By MR. GILL. I can swear to the toe-caps on these uppers because they are my design.
HENRY WILLIAM SNEAD . I live at 30, Chapel Street, Westminster—about 18th January Mr. Barnett called on me—I had seen Powell the Saturday previously, when I bought 13 pairs of men's at 7s. 3d.—Mr. Barnett took away nine pairs.
Cross-examined by MR. FULTON. It is usual to scratch a boot to make the ink mark—there was nothing to arouse my suspicion—my father started in business 50 years ago—I have been in the business all my life—Powell worked for me—I have entrusted him with 10l. worth of stuff at a time.
Re-examined. I should not have dealt with Powell unless I thought him honest—the scratching did not seem to be deeper than usual—clickers sometimes scrape more than necessary—I thought he had done so in this case.
MR. MOIR called
HELEN GERTRUDE JOHNSON . I am Johnson's daughter—my father had a quantity of uppers and toe-caps in his possession a long time—they were what remained after he left his business—there were between 70 and 80 pair—my father had some skins as well, but they were cut up—I worked at some of these uppers with a machine—Mr. Powell purchased some of the goods of my father about the end of November—I remember his calling to take the uppers away—my mother delivered them to him—my father was then at work for Mr. Barnett—I marked the uppers—they were my father's own property as well as the toe-caps.
Cross-examined. I worked for Mr. Barnett—my father gave up business
because he was unfortunate—he carried on in a private house in Walworth Road, and ceased to carry it on last Christmas twelvemonth—I was at the police-court—I was asked to give evidence the beginning of last week.
Re-examined. My father was not a bankrupt—he gave up business to go into Mr. Barnett's employ.
JOHN SUTTON . I was engaged by Johnson to work for Mr. Barnett—I lodged with Johnson in October last—I remember Johnson doing business for himself—he ceased doing so between one and two years ago—he told me afterwards he had some dozens of uppers left—I understood he sold them to Mr. Powell.
Cross-examined. I am Johnson's brother-in-law—my brother has a shoe shop, and has been in business 20 years.
ALFRED SPRATLEY . I was employed by Mr. Barnett, and was under Johnson—I gave out goods to Powell and others in November last, as part of my duty in Johnson's absence—I told Johnson of it when he came back—I do not know whether Mr. Barnett knew of it—Mr. Phillips did, and I had to do with him—there was not the slightest concealment about it.
Cross-examined. Mr. Phillips was at the head of my department—Johnson was in a superior position to me—I did not always give out the goods by his orders—I kept no account—anybody who brought the ticket got the goods—it was an ordinary ticket, and described the goods—it was given up to me.
Cross-examined. I am his brother-in-law—he did not offer to sell me the skins, they would be no use to me.
JOSEPH WALLACE . I was employed by Mr. Barnett up to last Saturday week—I received work out, sometimes I had a ticket and sometimes not—I received it from Johnson, Parker, or Church—I have seen Powell there receiving material.
Cross-examined. I am out of employment now—I think Mr. Barnett employed me, but there are so many there I do not know—the clerks paid me.
WILLIAM ARTHUR . I am now employed by Mr. Barnett—I have been in Johnson's department, a clerk paid me—Mr. Johnson and others gave me work out—we only had tickets lately—Church acted when Johnson was not there, and Parker the book-keeper.
Cross-examined. The book-keeper is in Johnson's department, and books the work going out and coming in.
Re-examined by MR. MOIR. It was not the clerk in Johnson's employ who paid me.
ALFRED KIDDLE . I am a riveter and laster employed by Mr. Barnett—Johnson dealt out work to me—Church gave me my tops and the bottom stuff—I was also served by Mr. Phillips and Mr. Spratley—Church is a sort of clerk, and he assists in the tops and other things—he is employed by Mr. Barnett.
MR. FULTON called
with a ring stamp and a letter, some D and some C—I have been many years in the boot trade—a figure and a round stamp is a common mark—I have known Johnson sixteen years—he has borne an honest character.
WILLIAM PECK . I have been for some time employed by Mr. Powell as clicker and cutter out—the clicker's mark is an ordinary quill pen-and-ink mark—the sample here has an ordinary figure—the leather is usually scratched to make the ink take better—when making up boots for Mr. Barnett we often run short of material or get an odd pair of uppers—if we are working on the premises we ask the foreman to change them or supply what is wanted, but in the case of an outdoor workman, he would buy his own material and recoup himself by retaining the manufacturer's, and in that way a quantity of the manufacturer's stuff is left on our hands—that has happened with regard to Powell on many occasions within the last seven months—I have worked for Powell since two years ago when he commenced manufacturing for himself—I cut these boots produced three or four days ago for Mr. Powell—they are of the same design and pattern as Mr. Barnett's—within the last fortnight I have made 30 pairs of boots for Mr. Powell, who carries on a business independent of Mr. Barnett and manufactures goods to order.
(Powell received a good character. ) NOT GUILTY .
MR. BRINDLEY conducted the Prosecution.
WILLIAM WOOD . I live in Park Row, East Greenwich, and am a coach painter—a little before 8 o'clock on the night of the 3rd January I met Murray, and we went to a public-house, where I treated him—he afterwards took me to the Crown—I had rather over 2l. 10s. upon me, two half-sovereigns and the remainder in silver—we met several men there, and amongst them Murphy—I treated them—I might have given them more than a gallon between them—no doubt when I pulled out my money to pay they could see what money I had—we left the public-house about a quarter past 12, near closing time—Murray was going to take me home, and he walked by the side of me—we had gone about 20 to 30 yards when I received a blow on the right side of my head—I didn't know there was anybody in the rear, and I turned round to resist and I got a blow in my mouth, which knocked the blood out of my mouth and nose—I was knocked down, and they had me by the throat—I could see what they were doing, but I could not speak—I was choked—one man cried out "Sloper is coming," and he gave me one or two kicks—when I was able to draw my breath I cried out "Police" and "Murder"—my money was gone then—there were four or five men there—they all gave it me—from the state of insensibility I was in at the time, I could not exactly say whether the prisoners were taking part in it then on the ground—of course they all assisted in injuring my poor body—Murray raised me out of a pool of blood—Mr. Lawes came up in plain clothes, and I thought he was a gentleman, and I said "For God's sake come and assist me, I am murdered"—I had a bag in my pocket like that one (produced)—it says in my depositions that was taken, these initials were on it—I never before to my remembrance took notice of those, but the bag is just about the same as this, with a piece of tape tied round it—all the money was gone from it, and out of my pockets as well—I told the policeman that Murray was taking me home—Murray was taken into charge that night—I
was taken to pick out a man who was at the public-house, but his face was blacked when brought before me, or I could have recognised him if I had seen him in the same state he was that night.
Cross-examined by Murray. I cannot exactly say what I spent with you—it appears I did not spend 5s. or 6s., because the landlord says we had only a few pints of beer.
EDWARD STEVENS . I keep the Little Crown, East Greenwich—the two prisoners were in my house on the night in question with several others—the drink they had was paid for by different persons—I served the prosecutor with a pot of beer, and 2d. he gave a man to get a pint—they left about 12. 4—Murray offered to take the prosecutor home, and I advised him not to do so—they were not drunk.
Cross-examined by Murphy. I did not see the prosecutor give you anything to drink—you were all drinking together.
WILLIAM LAWES (Policeman R 125). At 12. 30 on 3rd January I was in plain clothes in East Lane, Greenwich, and heard cries of ''Help," and "Save my life"—I ran as quick as I could towards the cries, and just before I got there I saw two men run away, one having a white slop on, who I consider resembled Murphy—Murray had hold of the prosecutor by the arms and was lifting him up—I believed the man to be Murphy because he had a white slop on—the prosecutor said "You vagabonds, you have robbed me and would have killed me if it hadn't been for this gentleman coming up"—he had been drinking and so had the prisoners—the prosecutor was bleeding from the mouth, and complained of being assaulted and robbed, and I took him to the station and they were charged—the bag produced looks like a pay-bag—they are made by the hundred or thousand perhaps. NOT GUILTY .
GEORGE SULLIVAN . I am a watch-maker in Greenwich Road—at about 5.30 on Monday evening, the 24th December, Tagg came into my shop and asked to see some watches, and he left and returned at 6 o'clock with Donovon, and said "You thought I didn't want to buy, and I have brought my father, and perhaps you will show me them now"—he then took one in each hand, and then the door, which had been previously shut, was thrown open from outside—they both ran out—I pursued them, and kept Donovon in sight, and saw him stopped by Newman—when I came up I said to him "You villain, give me my watches"—he said "I have no watches of yours," and then a severe struggle ensued, and he was taken into custody—I saw no one else except the constable.
CHARLES NEWMAN . I live at 61, Church Street, Deptford, and am a blacksmith—I saw Donovon running away from the prosecutor's shop and I stopped him and held him till the prosecutor came up, and he gave him into custody on a charge of stealing two watches—I heard somebody say "Let the man go."
Cross-examined by Donovon. You said you had no watches belonging to anybody—you commenced struggling, and said you would not go to the station.
CHARLES GOODWIN (Policeman R 110). I received information of the robbery, and went down the Greenwich Road and saw a crowd of six or seven people, and Donovon being; detained by the prosecutor and the last witness—I was in plain clothes and told him I was a constable, and that he was charged with another man not in custody then with stealing two watches, and he would have to go to the station—he said "You have made a mistake," and seized me by the throat and endeavoured to throw me down—I got him by the throat, when his necktie gave way, and he got my knuckle in his mouth and bit it severely—when we got to the station I felt myself seized behind by Clancey—I told him to let me alone—Constable Graves came up and I told him to keep Clancey—Goodey was standing by—we ultimately succeeded in taking Donovon to the station—on 12th January I received information that Tagg, Clancey, and Goodey were in custody—I went to the police-station and identified Goodey and Clancey.
Cross-examined by MR. FRITH. There were 10 or 12 persons present during the struggle—it was about 5.40—I had as much as I could do to take care of myself during the struggle with Donovon.
Cross-examined by Donovon. You told me that you shouldn't go to the station, and that it would take me all my time to take you there—I had sufficient time to observe Clancey—I said ''Leave me alone, I am a constable."
JOHN GRAVES (Policeman 237 R). I was sent for to assist the last witness—I saw him and Donovon having a struggle in the road, both of them down—Clancey and Goodey were there—Goodwin said "Never mind this man, you look to that one," meaning Clancey—Goodey was standing by, and said to me "Why don't you let the man go?''—I then helped to take Donovon into custody.
Cross-examined by MR. FRITH. I let apartments to Mr. and Mrs. Clancy only, but after a time others came forwards and backwards, and I scarcely knew who was in the place—I had a man named Blackman in the front room—people used to come and see him too.
JAMES DAWKINS (Inspector R). I was with the last witness on the 12th January, at the corner of Ashford Street, Hoxton, and saw Tagg and Goodey coming up Ashford Street together, and we seized them and put them into a cab and took them to Hoxton police-station—when in the cab Tagg said "You have made a great mistake this time, sir; I was in bed last night at 10"—Goodey didn't say anything—I told him it was for nothing that occurred last night, and I would tell them the charge when we got to the station—when at the station Tagg emptied his pockets and threw down this black bag, and amongst other things not relating to the charge was a door-key—I then told them they would be charged with one Donovon, in custody, with stealing watches in Greenwich—Tagg smiled and said "I don't do that sort of thing"—Goodey didn't say anything—I then returned to No. 12, Ashford Street, and saw the landlady, and from what she told me I went up into the back room
first floor and knocked at the door, and walked in, and found Clancey in bed—I addressed him "Halloa, Clancey!" and he woke up, and seeing that I was a stranger, he seized a loaded whip-handle that I have got in my pocket—I said "That won't do, there are four of us," and seized hold of him and told him to get up, and told him the charge, and he said he knew nothing about it—he got up and dressed—I searched his room, and found several pawn-tickets, but none relating to property stolen—I found a jemmy—by that time his wife came into the room, and I said "What do you do with this?" and she said "I poke the fire with it"—I said to Clancey "What do you do with it?"—he said "You know"—on a further search I found another one—I took him to the station, and sent for Mr. Sullivan and the other witness—Clancey and Goodey were placed amongst 10 others, and were picked out by them—the place where Donovon was struggling with Goodwin is about 20 yards from the prosecutor's shop, in the Greenwich Road, 40 yards from the policestation.
Donovon in his defence said he met Tagg, who said he wanted to buy a watch, and asked him if he (Donovon) would sell him his, for which he offered 2l., and that he afterwards went with him into Mr. Sullivan's to see a watch, and did not hear Tagg call him his father: that he was shown a watch, and Tagg took it out of his hand and ran out. DONOVON and CLANCEY— GUILTY . GOODEY— NOT GUILTY .
DONOVON and CLANCEY PLEADED GUILTY to a conviction in October, 1869, and July, 1870. There was another indictment against TAGG and DONOVON for a similar offence. DONOVON— Fourteen Years' Penal Servitude . TAGG— Five Years' Penal Servitude . CLANCEY— Seven Years' Penal Servitude .
The witness Newman was awarded 2l. for his conduct in securing Donovon.
293. HUGH COSTIN (36), GEORGE COSTIN (24), WILLIAM WOODLEY (26), and MARGARET CHAPMAN , Burglariously breaking and entering the dwelling-house of George Frederick Fuller, and stealing therein divers metal labels, and other articles, his property.
MR. RAVEN conducted the Prosecution.
GEORGE FREDERICK FULLER . I live at 81, Granville Park, Lewisham—I closed my house safely at 12.15 on Monday, 31st December—the windows were secure—the dining-room shutters were not closed, but the window is 14 feet from the ground—it is fastened at the bottom by a patent catch, and the entry had been made over the top—I had in the dining-room a liqueur stand with about a quart of gin in it—they had taken about 2 1/2 quarts of spirits, and the stand I have since seen smashed up (produced)—on the table-cloth there were some old lucifers and some bird-seed, which did not belong to us.
JAMES DAWKINS (Police Inspector R). I went to the prosecutor's house on 1st January, which I found had been entered by unfastening the window and lowering the upper sash—I found on the dining-room tablecloth a quantity of bird-seed and some dirt, which I carefully gathered together and put into this envelope—in the garden I found three decanters all empty, and some broken tumblers, and a wine-bottle with the neck off and the cork in, a quantity of blood on the ground, and some bread crumbs—I saw footprints of two or more persons—from what
I was told by the postman I concluded that it was George Costin that must have been there, from the description he gave me—at 1.30 I, with Detective Barry, saw the two Costins speaking to each other on Deptford Bridge—we walked up to them, and before we got to them George walked away—I said to Barry "Follow him, and bring him back"—I said to Hugh "What is the matter with your hand," seeing it bound up—he said "I jammed it two or three days ago in the docks''—I said "What have you got on it?"—he said "Nothing but a bit of rag"—I said "It appears not to have had proper treatment, let me see it"—he said "Certainly"—I said "I don't want you to show it to me here, just walk on and come into the police-station," which we did, and before I had any conversation Barry brought in George Costin—I then examined his hand, and found it was injured by cut glass—I said "It couldn't have been done in the way you describe; it is evidently done by broken glass"—he said that he was attacked last night by a lot of donkey drivers—I said "You must know them"—he said "No"—I said "must make inquiries"—he then said that he was assaulted at Forest Hill—I said "You have made three statements to me, and you will probably be charged with committing a burglary last night in Granville Park"—I put the prisoners amongst others at the station, but the postman failed to identify them—he was prepared to identify a man with a white muffler on, but previous to my bringing the men into the yard George took off his white muffler—George said "You see I am not identified"—I then took off their boots and proceeded to Granville Park, and compared them with the footprints, which corresponded—Hugh's boots were very pecuIiar, and the marks were very distinct, but George's were not so much so—I returned and told them they would be charged with committing the burglary—I commenced to search them, and in Hugh's jacket pocket I found two or three tablespoonfuls of cake crumbs—a cake had been stolen from Mr. Fuller's—on George I found a quantity of bird-seed and dirt, which was compared with that found, and corresponded—I then asked each of the Costins to account for their time the previous night—Hugh said he was at a public-house at Greenwich until 12.30, and after that at his father's, Trafalgar Road—I found that statement to be false on proceeding to 29, High Street, Deptford, where I ascertained Hugh lived, as also Chapman—I told her Hugh was in custody, and asked if there was anything in the room which didn't belong to her, and she said "Nothing"—on searching I found the stand broken up, which has been produced, and four meted labels, and some calico in a box close by—she said "Yes, I knew it was there"—this was 8 o'clock at night—I took her to the station and charged her—from statements made by Hugh I directed Woodley to be taken to the station on the Wednesday—I then told him he would be charged with being concerned in the burglary, and he said that he knew nothing of it—I took his boots off and compared them with the footprints at 81, Granville Park, and they exactly corresponded—when I told Hugh he would be charged, George said "Don't put me along with him, I am his brother; I am not responsible for anything he has done; I wouldn't be seen with him anywhere; we are not friendly."
Cross-examined by George Costin. I didn't notice who was with Hugh when I first saw him—you were not identified—your boots corresponded with the marks on the ground—I meant to charge you from the first.
Deptford—Hugh Costin occupied one room there—I saw George there the Sunday evening before the 31st.
Cross-examined by George Costin. That is the only occasion.
Cross-examined by Chapman. You were at service the day the property was brought home—you went to service every morning.
WILLIAM BARRY (Policeman 141 R). On 1st January I saw the two Costins standing on Deptford Bridge—Inspector Dawkins proceeded towards them—as we approached, George started away to walk sharp—I overtook him, called him by name, and told him two burglaries had been committed the night previous, and he would have to go to the station with me, which he did—when we got to the station his brother Hugh was being searched, and some cake crumbs were taken from his pocket—he said, "Don't connect me with my brother, I haven't spoken to him for months"—he was searched, and some bird-sped found in his pocket—Hugh made three different statements as to how his hand had been cut—I asked him where he slept the night before, and he said, "What has that to do with you?"—he then told the inspector at the station that he slept at 16, Tratalgar Road, his father's house.
Cross-examined by George Costin. You went quietly enough to the station—I told you would have to come, as you answered the description of a man who was supposed to have committed a robbery in the neighbourhood.
JAMES BAKER (Policeman 289 R). I was on duty on 1st January in Greenwich Road, when I met Woodley—I wished him good morning—he nodded at me—he did not speak—I noticed that he was drunk—I did not know he was wanted, so I didn't take him—about three or four minutes after I saw the two Costins, Hugh with Inspector Dawkins and George with Barry—I followed them to the station—I went to search for Woodley, but was unable to find him—I saw him next day at the police-station.
Cross-examined by George Costin. Your brother did not send for me at the station and describe the man who was actually with him, and declare you to be innocent.
JESSIE FAULKLING . I live at 5, Sexton Buildings, Greenwich, and am unfortunate—I have been living with Woodley for 9 or 10 months till the day he was taken—he was in on 31st December till night, and George Costin came about 8 o'clock, and I believe Woodley went out about 9—I heard no conversation between them—George stayed about a quarter of an hour—I went out about 9, and left Woodley sitting by the fire—I went back about 10, when there was nobody in—I met Woodley over at the Mitre at closing time, and he and me had had a row on the Saturday, and I wouldn't go home with him—when I went back Woodley was there—I saw somebody standing at the top of the court, but I cannot say who it was—I didn't stay all night, I went over to my brother's and went home the next morning—I saw him again about 3 o'clock next day—I had only seen George there once before.
Cross-examined by George Costin. I first saw you about 6 o'clock at night, and the latest time was 12. 30 or 1 o'clock—I was in the Mitre with you from 10 till closing time—I didn't see you after that—you were drunk when you left.
Cross-examined by Woodley. When I saw you that night you were dreadfully drunk—the next morning the woman next door said you went by the door at about 7 o'clock.
Witness for George Costin.
HUGH COSTIN (the Prisoner). I received the property from Woodley on 1st January at 6 a. m., and I took it home—I am the receiver—George Costin is not the actual burglar, but a man who is not in custody, who was there before Woodley—I saw Woodley fetch the stand and, I think, four bottles; also a piece of cake, a piece of plum pudding, and some eggs in a basket—George was at the Mitre until 12. 30, and then went up the road.
GEORGE COSTIN, WOODLEY, and CHAPMAN— NOT GUILTY .
HUGH COSTIN— GUILTY He was further charged with a previous conviction in January, 1868, to which he PLEADED GUILTY**— Ten Years' Penal Servitude .
MR. RAVEN Conducted the Prosecution.
NATHANIEL WEGG . I am a watchmaker, of 487, New Cross Road, Deptford—on the night of 14th December, about 1 o'clock, when in bed, I heard a slight noise at the iron shutters in my dining-room, and armed myself with a revolver and looked out, but saw no one—I then dressed and called my son, and we went downstairs undressed without our shoes—I was in company with the Inspector, and we found a large space in the roof, of about a yard square, and in the side of the house four large holes were drilled, as if to effect an entrance.
Cross-examined. There is not a lighted lamp at the end of my garden; there is at the bottom of the next premises, 30 or 40 yards off.
THOMAS TURK (Inspector R). I went to the prosecutor's house at about 20 minutes to 2 on the morning of 14th December, and found a great number of tiles removed from the roof, leaving a space of about a yard square—I placed several constables round the place in case thieves were inside, but we thoroughly searched the premises and found no one there—I found on the roof this chisel and these two knives, and a hat was picked up by a sergeant who was in the garden.
JOHN ABBOTT (Policeman 179 R). I was on duty in Waterloo Place, New Cross, close to the prosecutor's house, and saw George Costin trying to get over a fence into a garden, and into the passage where I was standing—he was about five yards off—as soon as he saw me he fell back again—I directed another constable to remain at that spot—I got over the fence, but could not find the prisoner—he is the man I saw.
Cross-examined. I have known you for years—I have seen your face—I lost sight of you because of the fence.
from the inspector, I went to the prosecutor's premises, where I saw Abbott—I was left there by myself, and saw the prisoner, without a hat, walking on a wall about nine feet high, and took up my stand, thinking he would come over where I was, but he absconded, and I saw no more of him until I took him at Blackheath—the prisoner is the man I saw.
PETER SMITH (Policeman 298 R). I was in High Street, Deptford, on the morning of 14th December, and saw the prisoner at about 2.30, near the railway station, walking quickly from the direction of the Broadway—I had known him before—the prosecutor's premises are 400 or 500 yards from there—he had nothing in his hand—I heard of the burglary half an hour afterwards.
The Prisoner, in his defence, stated that the burglary was committed on 14th December, and he was not charged with it till 9th January, and alleged that the case was only got up against him on account of the Prosecution seeing the insufficiency of the evidence against him in the last case, and that at the time of the burglary he was laid up with jaundice, and that he never wore a hat of the kind found. NOT GUILTY .
295. HUGH COSTIN and GEORGE COSTIN were again indicted for burglariously breaking and entering the dwelling-house of James Martin, and stealing a bottle of wine, 24 eggs, and a piece of pudding, his property.
No evidence was offered. NOT GUILTY .
Before Mr. Common Serjeant.
MR. LILLEY conducted the Prosecution.
JOHN WILLIAM GOODWIN . I live at 49, Thorn Road, South Lambeth—on 16th January I went to bed about 11. 30, being the last person up—I saw that the house was properly secured—I went downstairs next morning a few minutes after 6—I found the place in confusion; the parlour doors open, which were shut the night before, and which are usually kept shut; the kitchen door open, as well as the drawers in the dresser, and the cupboard; the linen and papers and everything was lying on the floor—in the breakfast parlour the drawers, a tea-caddy, and writing-desk had been opened, and the papers and other things were lying on the floor—the catch of the window in the breakfast-room had been put back—I went upstairs and found the back parlour open, the front parlour door had been forced—I missed two coats, a waistcoat, and a pair of gloves, a shirt front, three keys on a ring, and one loose in a drawer—the value of the property missing was about 10l.—I saw the shirt-front, gloves, and keys in the possession of the police on Saturday—I know the gloves from having worn them, and they are torn, and the front from an iron mark of wax—I have tried the keys in the locks, and I have brought one lock with me.
SAMPSON FOSTER (Detective W). On Saturday morning, about 1. 30, 19th January, I saw the prisoners in the Clapham Road—I watched them till 2. 45, when I got assistance, and asked them to give a proper account of themselves—one of them (I don't know which) said, "We have lost our way, we want to go to London Bridge," the other said he
lived at Hackney—I said, "If you cannot give a more satisfactory account of yourselves I shall take you into custody, and you will be charged with loitering for an unlawful purpose"—I called another constable who was near, and took them into custody—when we had got about 30 or 40 yards I noticed Harris putting something in his pocket—I told the constable to take whatever it was out of his hand—he did so, and gave me this candle—Ross then attempted to get away, and we had a desperate encounter for about a quarter of an hour or more, and he struck me on the poll—these are some of the matches that were scattered about—Harris was quiet all the way—we took them to the station and searched them—I found in Ross's coat pocket this pair of glares, and he was wearing this shirtfront—I also found these two knives, and this old blade of a knife, which might be used for pushing back window fastenings, and this match-box, latch-key, and twopence in coppers—on Harris I found these four keys on the steel ring, this purse, and 2s. 2 1/2d., and a lead pencil—they were charged with unlawful possession—Ross refused his address, and Harris gave 22, Mary Street, Kingsland Road, which was false.
Cross-examined by Ross. I saw you looking at the windows—that is why I stopped you—I passed close to you both on two occasions, and was sometimes four or five yards, sometimes a dozen away—the night had been foggy, but it was getting clearer—you told me after you were remanded that your sister was ill.
JAMES KNIGHT (Policeman W 345). About 2.30 on Saturday morning, 19th January, I saw the prisoners walking together in the Trigon Road towards the Fentiman Road—Foster was following me—one of the prisoners looked up at a house and said "I think we have made a mistake"—Foster ran in front of them and said "I have been following these two for this half-hour, now give an account of yourselves"—I took hold of Ross and North took hold of Harris—North said "What do you do out this time in the morning?"—one of the prisoners said "We have merely lost our way"—I put my hand into the inside pocket of Ross's coat and found some matches—North took a new candle from Harris's pocket—Foster said ''I know enough of them, take them to the station"—Foster held Ross's arm—Ross became violent and endeavoured to make his escape, and in the struggle Ross struck me in the mouth—he said "I won't be taken"—Foster drew his truncheon and Ross caught hold of it and tried to get it away—they were taken to the station and searched.
Cross-examined by Ross. I found no burglarious implements on you—I mistook the truncheon for a jemmy, and I asked you to leose your hold and you would not, and I struck you in the eye.
Cross-examined by Harris. You walked very quietly and did not try to escape.
The Prisoners in their defence stated that they had lost their way in the fog, but knew nothing of the robbery.
GUILTY . They also PLEADED GUILTY to previous convictions, Ross in July, 1868, in the name of John Scott, and Harris in June, 1871, in the name of Henry Williams.— Ten Years' Penal Servitude each .
MESSRS. STRAIGHT and GILL conducted the Prosecution.
JANE HARDING . I am a widow, and live in Camberwell Grove—early in November the prisoner and a woman came to me—she said in his hearing that they had just come from Dover to receive some property, and that they were independent people—they said "That is our home, Dover," or some place very near Dover, so near that they could drive in in a ponychaise—I asked her for a deposit—she said that she had left all her luggage at King's Cross, but she had a little reticule, which she said contained valuables, and said "Do not let your servant have charge of it"—I said "No, I will lock it up"—she said that she had brought it in her hand for safety—the prisoner then handed it to me and I locked it up and considered it a deposit—they stayed at my place five weeks and I had conversations with them every day—they only had a bedroom, but I gave them the use of my sitting-room, and they were with me from morning to night—I boarded and lodged them and had every confidence in them; she asked me to do so until she could change a cheque for 30l.—during the time they were there goods came in for them from different tradespeople, to one of whom I had recommended them—on one occasion when some goods came from Mr. Turner, amounting to 2l. 7s. 6d., I lent the woman 2l. 10s. to pay for them and she put the change in her pocket—they paid me 30l. while they were there, but 10l. was due to me when the prisoner was given into custody—they left the house that day at 11.30 a. m., and the prisoner returned alone at 10 p.m.—I asked him where Mrs. Stevens was—he said ''She is not very well, she has been worried a good deal, and will come back again in the morning"—I have never seen her since—I had received information and gave the prisoner in charge for stealing a blanket—this marriage certificate was found in her box.
JOHN BERRY (Policeman 142 P). I was sent for and found the prisoner in the top back room—Mrs. Harding said that a gentleman wanted to see him—he said that he was undressed and in bed—she and I forced the door open and I went in—he was not in bed—the bed had not been disturbed—he was in his shirt-sleeves—I took him to the station, and returned and found 1 chemise, 8 Cambric handkerchiefs, 1 dress, 1 black jacket, 2 collars, 6 pairs of cuffs, 6 pairs of stays, 2 silver thimbles, 4 pieces of lace, and other articles, most of which have been identified by witnesses who are here—I have a warrant for the woman's apprehension, but cannot find her—I found this pawn-ticket for the drawers on the prisoner.
HENRY TURNER . I am a hosier, of 112, Denmark Hill—on the 13th November, the woman came to my shop, and in consequence of representations she made, I let her have on credit two pairs of men's drawers, which I have since seen in pawn and identified—we executed another order for her, but did not deliver the goods.
came in in the evening with the prisoner, and they lived there four weeks.
ANN KURD . I am the wife of Thomas Kurd, of 13, Tottenham Court Road—on 14th July the prisoner and a woman came and their son and daughter; the woman stood about a yard from the bedroom door, and I think the prisoner could hear what she said to me—she said that they came from Lowestoft to take up a fortune, but she made no statement in his presence that induced me to give them board and lodging.
PAULINE VAUGHAN . I live at 27, Wells Street, Oxford Street—I know a woman who went about with the prisoner in 1877—in 1873 she borrowed 2l. of me, which I could never get back—the prisoner brought his son to lodge at my house in 1872 and borrowed 2l. of me and gave me an I O U—he owes me the money still—I took proceedings in the County Court against him, but cannot get the money till his wife gets her fortune.
Cross-examined. I got a verdict and a Sheriff's officer, but I could not catch the prisoner.
GUILTY on the 9th and 10th Counts only (Mrs. Harding's case)— Twelve Months' Imprisonment .
MR. POLAND conducted the Prosecution.
SOLOMON DALE (Detective L). On 5th February, about 6 p. m., I was with Davis, and saw the prisoner at the Duke of Sussex, Oakley Street—he went into several public-houses, and later in the evening I stopped him and told him I was going to take him on suspicion of having counterfeit coin—he said "What money I have got is counterfeit; I did not attempt to pass away; I was carrying it for another man"—I found in his waistcoat pocket these 11 bad shillings wrapped separately, and three pence.
The Prisoner's Statement before the Magistrate. "I never opened the parcel. I mot a man in the New Cut. I have seen him several times. He said he could get me some bad money. I said I did not want it. Another man asked me to get him some; I got some for the other man; I never looked at them."
GUILTY — Two Years' Imprisonment .
MR. POLAND conducted the Prosecution.
EMILY JANE BILLION . I am the wife of a confectioner, of 41, Sumner Road, Peckham—on Wednesday, 16th January, the prisoner gave me a crown for two China dolls; I took it next door to the butcher, who tried it, weighed it, and said that it was bad—I found the prisoner still in the shop, and asked her where she got it—she said that her husband gave it to her the Friday before—I gave her in custody with the crown.
WILLIAM NASH (Policeman P 216). The prisoner was given into my custody with this marked crown—she was sober, and she gave her name Mary Ann Carter, 16, Henry Street, Walworth, but there is no such street—I received this other crown from Sarah Ann Barber.
SARAH ANN BARBER . I am a confectioner of 8A, Penton Place, Newington—on 11 th January, about 9 a. m., I served the prisoner with some cough lozenges, which came to twopence, and she gave me a crown—I gave her 4s, 6d. and 4d., and she left—I gave the crown to my sister the same evening, and saw her put in her purse—I gave it to Rock the same evening to get some biscuit; he brought it back, and I gave it to the constable.
Cross-examined. I have not the slightest doubt of you, I picked you out from seven women.
MARY JANE BARBER . On the evening of 11th January my sister gave me a crown—I put it in my purse and gave her the change—there was no other crown there—later in the evening I returned her the same crown.
GEORGE ATKINS . I am barman at the Plough and Harrow—on the evening of 11th January, Rock gave me a crown for some whisky—I gave him change, and put it at the back where there was no other crown, and Mr. Toombs took it up about five minutes afterwards.
MR. GRAIN conducted the Prosecution.
JETHRO GIRLING (Dock Constable). On Sunday morning, 13th January, at 6 o'clock, I was on duty and had to pass the office of the docks every half-hour—the premises were safe at 8 o'clock—I then went to breakfast, and at 9 o'clock Wilton and I started again to go our rounds—I went to the back of the dock office and heard a noise as if a ledger had fallen from a desk—Wilton went to the back and I went to the front and found a square of glass broken near the window catch—I tried the front doors and then heard somebody in the office, and looking in I saw the prisoner and a man who has escaped—they came out at the middle door—I gave chase and caught the prisoner, who struck me three violent blows in the eye, which was closed for three days afterwards; he threw me to the ground and my collar bone was put out—I got up and he held me by my whiskers and pulled the flesh off behind my whiskers—I threw him down again—I searched him at the gate and found a sovereign in his trousers pocket, and two half-sovereigns and a quantity of silver in his trousers pocket, among which was this counterfeit florin, which has two pieces cut out of it—in his side pocket I found this bag with more silver in it, this penknife, and some postage and receipt stamps.
Cross-examined. I did not catch you by the throat and get my fingers into your mouth.
JOSEPH HENRY WILTON . I stood at the back of the office, and in two or three minutes heard a cry of "Police," and saw the constable struggling with the prisoner—I helped to secure him and saw these things taken from him.
Cross-examined. I did not see you use any violence, you did not resist after you saw me.
HENRY RIMMER (Dock Constable). On 13th January, at 9 a. m., I examined the dock office and found one jemmy behind the door and another farther in, and a crowbar, nine pieces of hoop-iron, four chisels and a hammer—the drawers and cupboards were all forced open in the cashier's department—I saw the prisoner searched and these articles found on him—he has been employed in the docks as a labourer.
JAMES WOOLLACOTT . I am a cashier to the Dock Company and used the office in question—I left everything secure on the Saturday evening; the drawers and cupboards were locked—I found them broken open, and missed from them 9l. 17s.—I recognise this part of a florin found on the prisoner, the other part of it was still in my drawer on the Monday—I cannot speak to this penknife—a bag from the bank was in my drawer, but there was no money in it then.
Prisoner's Defence. I met a man who I had known for a day or two, and outside the dock I received some money, tobacco, and a knife from him. He was with another man, and they both went in together. Sullivan said "Stand here," and they went on, and afterwards he came and handed me this bag of silver. The policeman then got hold of me and got my finger into his mouth. GUILTY — Five Years' Penal Servitude .
MR. GILL Conducted the Prosecution: and MR. RIBTON the Defence HENRY SIMMONDS. I am barman at the Anchor and Hope, New Cut—on 29th January a man named Spencer came in, and in consequence of what occurred I spoke to the manager and we followed him.
RICHARD CHARLES MAYSE . I am manager at the Anchor and Hope—on 29th January I followed Spencer, who walked on the left side of the road about 80 yards, and crossed over and joined the prisoner and Worthington—they all three walked on together conversing—I got a constable and followed them to the Hand and Flower—I got another constable at Blackfriars Road—Jones went into the Hand and Flower, and the other two walked on—I followed Jones in—he asked Mrs. Mapin to give him a half-crown for 2s. 6d.—I asked her to let me look at the money and found it was good—I stopped him, and the constables came in with the other two.
JAMES JAMESON (Policeman 128L). Mayse pointed out three men to me in Blackfriars Road—I followed them; they appeared to be talking together—they went 200 yards, and Jones went into the Hand and Flower—we took the other two, brought them to the Hand and Flower, and then took Jones to the Anchor and Hope—he dropped a florin, and I took this good half-crown from his hand.
JOHN FRENCH (Policeman 268 M). I took Jones to the station, searched him, and found on him these eight counterfeit florins in paper with paper between each, and in his left trousers pocket 14s. 3d. in good silver and 2s. 5 1/2d. in copper—he said that he knew nothing about the bad coin.
Cross-examined. His coat was buttoned—Spencer had been searched,
but was in the dock while I was searching Jones, and I think he saw Jones searched, but he said nothing—I heard them both make a statement before the Magistrate.
The Prisoner's Statement before the Magistrate."I am innocent of having them in my possession. I did not know how they came there."
Witnesses for the Defence. JOSEPH SPENCER (a prisoner). I have pleaded guilty to attempting to pass some bad money in the Anchor and Hope—I went in alone—I was taken in custody with Jones and Worthington, and a great crowd collected—I had eight florins wrapped in paper, and was looking for an opportunity of getting rid of them, when Jones pushed against me, and I placed them in his pocket—I was present when he was searched, and saw them found on him—I made a written statement before the Magistrate.
Cross-examined by MR. GILL. I had never seen Jones till he was in custody—I did not see him with Worthington, but Worthington came up to me and asked me to direct him to London Bridge—I had the coins in the outside pocket of the coat I have on—I believe I put them into Jones's waistcoat pocket—there was a great crowd and we were pushed about—I did not tell the Magistrate that I put them into Jones's coat pocket, as the deposition states—the Magistrate remanded me and did not allow me to make a statement.
Re-examined, I said ''I wish to make a statement," and the Magistrate said "You can do so, but you are remanded till next Wednesday"—the barman and the manager have been examined—a bad florin was found on me, which I had attempted to pass.
RICHARD CHARLES MAYSE (Re-examined). I did not notice whether Jones's coat was buttoned at the public-house—he was mixed up with the crowd, but not with the other prisoners, they were kept separate—I did not see the florin fall from his hand; I saw it when it was on the ground.
JAMES JAMESON (Re-examined). I had charge of Spencer—he was close to Jones, but he had no opportunity of putting the money in anybody's pocket, as I had hold of both his hands—this is the florin Jones dropped; it has been tested by the Treasury, and found to be good.
GUILTY . He was further charged with a previous conviction at this Court in March,. 1875, of a like offence, in the name of John Pendle, to which he PLEADED GUILTY.
302. WILLIAM JONES was again indicted with FREDERICK WORTHINGTON and JOSEPH SPENCER , for Unlawfully uttering counterfeit coin, having other counterfeit coin in their possession, to which SPENCER . PLEADED GUILTY— Five Years' Penal Servitude
MR. J. P. GRAIN conducted the Prosecution.
HARDING. I took Worthington—he told me that he knew nothing of the other two prisoners, but he asked them the way to London Bridge, and he had just come from Coventry—at the station he said that he lived at Little Hospital Street, Birmingham, but he did not know the number—I found on him one penny in a purse.
JONES— GUILTY — Seven Years' Penal Servitude . WORTHINGTON— NOT GUILTY .
MESSRS. POLAND and GILL conducted the Prosecution; and MR. DOUGLAS
METCALFE the Defence.
JESSIE BAILEY . I am a clerk at the post-office, 407, Strand—on 14th December a man came in for 10s. worth of postage stamps, and put down four half-crowns—I gave him the stamps and he went out—I saw McGuinness there, waiting for the collection of letters—I was not serving any one else, only a person for one stamp—after the man left I tried the half-crowns, and found three of them bad—I threw one in the till, and afterwards the postmaster found that that was bad—I kept the three in a drawer, and afterwards gave all four to Cowley—these are them—I cannot identify the prisoner.
Cross-examined. It was quarter to 4 o'clock—it was rather a busy time—I was entering up the registers for McGuinness, the letter carrier—he was not in the shop when the man came in to buy the stamps—the man stayed three or four minutes, and McGuinness was only there with him two or three minutes—two or three other customers were in the shop.
Re-examined. He was a short man, with a tall hat.
PATRICK MCGUINNESS . I am a letter-carrier, of 26, Long Acre—on 14th December, between a quarter to 4 and 4 o'clock, I was at the postoffice in the Strand waiting for letters—the prisoner and an oldish man were in the shop—I heard the prisoner call repeatedly for 10s. worth of stamps; he appeared to be in a hurry—Miss Bailey served him, and he put four coins under the wire-work—I have not the slightest doubt about his being the man.
Cross-examined. This was a busy time of day, and there was a great deal of bustle—I had to take the letters to St. Martin's by a certain time—I was in the office three or four minutes—I saw the prisoner next on 16th January.
MARY HOWARD BROOKS. I am shopwoman to Edward May, a confectioner, of Brixton—on a Thursday in January the prisoner came in for two sandwiches, and gave me this half-crown—I gave him the change, and directly he had gone I found it was bad and took it into the parlour and put it on the mantelshelf—on 12th January, when detective Cowley was in the shop, I saw the prisoner pass—Cowley went after him and brought him back, and I said "That is the man"—he said "It is a mistake"—I have not the slightest doubt about him.
Cross-examined. It was two days afterwards that he was taken—I said at Brixton that I knew him by his coat—I had never seen him before.
JAMES COWLEY (Detective W). On 12th January I was in Mr. May's shop in plain clothes when the prisoner passed—I went out; he was Walking as fast as he could, and when he saw me walking after him I think he knew me; he began to run and I ran after him, and caught him in 8 or 10 minutes—I took him to the ship and told him the charge—he said that the young lady had made a mistake—I received these four half-crowns from the post-office, and one from Mary Brooks.
Cross-examined. I was not the first to begin to run—I was walking fast and so was he—he did not stop in 50 yards, or of his own accord—I followed him to Tulse Hill, and run him down—he was out of breath—he did not say ''I do not know what you want, but I will go back with you"—I had to take him back by force. WILLIAM JOHN WEBSTER These five half-crowns are bad. GUILTY of the uttering to Brooks.— One Month's Imprisonment .
WALTER LOVEGROVE . My father keeps the Red Cross, High Street, Borough—on 31st December, about 4. 30, I served the prisoner with half a pint of ale—he gave me a shilling—I put it in the till, where there was no other shilling, gave him 11d., and left the bar—I returned in about 10 minutes, and saw him in another compartment, and heard my mother tell him that he had passed a bad shilling—he said that he got it from a soup shop—I looked in the till and found the shilling I had put there was bad, and gave it to my mother—there was no other there.
ANNIE LOVEGROVE . On 31st December the prisoner gave me a shilling for half a pint of ale—I tested it and told him it was bad—he said that he had only a penny—I took that but kept the shilling—my son came in and asked him why he had not taken the ale he had drawn for him before—he said that it was not his—the boy said "Oh yes, it is"—I said ''He has given me a bad shilling"—he said ''Hold him hard, I will see whether the shilling he gave me is bad"—he found that it was, and I gave the prisoner in custody, with the two shillings—I had recently seen my son clear the bar of every shilling.
ANNIE EVANS . I am barmaid at the George and Dragon, Clerkenwell—on 6th December, about 6 p. m., I served the prisoner with some drink—he gave me a bad florin—I gave it to my master—the prisoner was not given in custody then, but I saw him in custody next morning at the police-court—he was remanded and discharged.
EDWIN JOHN DAVELL . I keep the George and Dragon—on 6th Dec. the last witness gave me a florin—the prisoner was there and I asked him where he got it—he said "At a cook-shop in Gray's Inn Lane"—he was taken before a Magistrate and discharged.
Prisoner's Defence. The boy is mistaken, it was not my ale that was left. I was not there. As to the case at Clerkenwell, I will leave that to you. GUILTY — Twelve Months' Imprisonment .
305. FREDERICK STELLING (11). CHARLES STELLING (25), and FERDINAND STELLING (20), Burglariously breaking and entering the shop of Robert Parr, and stealing therein 16l., four brooches, and other articles, his property, to which FREDERICK STELLING PLEADED GUILTY .
MR. A. B. KELLY conducted the Prosecution; and MR. GILL the Defence.
RICHARD KIMBER (Detective M). I examined Mr. Parr's premises, in Blackman Street, and afterwards arrested Frederick Stelling—I went to their house, 27, Hale Street, St. George's Road—the other brother gave an address at Wandsworth—I found Charles and Ferdinand occupying one room there—I was with Detective Wright—I told Charles
I was a detective, and his brother Frederick was in custody for stealing 16l. in gold, and other property, from Mr. Parr, on the night of the 2nd and said "Have you received any property?" naming cigars and other things—he said "No"—I said "I wish you to turn your pockets out"—he pulled out his hand, and with it three silver brooches—I said "These brooches are a portion of the property your brother is charged with stealing, how do you account for them?"—he said "This morning I found them on the mantel-shelf"—I asked him if he had anything else, any cigars, and he took from his pocket six cigars—I said "These are similar cigars to those out of Mr. Parr's shop"—he said "I found them on the mantel-shelf"—I said to Ferdinand "Have you any property about you?"—he said "All I have is half a sovereign,"and produced it—I said "Have you anything else about you?"—he said "No"—I said to Charles "Have you got any other property? I believe there is some other property"—he said "No"—I searched and found in a drawer these sugar tongs, jam spoons, a tea spoon, 12 mustard spoons, 16 tea spoons, 2 pairs of scissors, 4 bottles of scent, and 4 pairs of kie gloves—the drawer was not locked—there was a bed in the room—the gloves were tied up in a brown paper parcel—Charles said that he knew nothing about the property—I said that I should take them for being concerned with their younger brother, who was under remand for stealing and receiving the articles—they made no reply—I found on Charles 1l. in gold, 4s. 11d. in silver, and 3¼d. in copper—none of Mr. Parr's property was found anywhere except in their room.
Cross-examined. I went there about 8. 30 p. m.—Frederick had been taken in custody and remanded that morning, January 3rd—he was in the employ of a hatter, where I arrested him.
GEORGE WRIGHT (Detective M). I was with Kimber, and have heard his evidence; it is correct—I found on Ferdinand 1l. in gold, 11s. in silver, and 3d. in copper, and these seven cigars in the lining of his hat.
ROBERT DYAS PARR . On 2nd January I left my shop in Blackman Street, Borough, between 8 and 9 o'clock, leaving 16l. in a desk, which I locked—next morning I found the desk broken open and in confusion, and missed the money and some cigars like these, and some other articles, value 5l.
Cross-examined. I also lost these three brooches, which are worth 30s.
JOHN NASH . I am Mr. Parr's assistant—on the night of 2nd January I closed the premises and the prisoner Frederick helped me—I shut the shutters, and am sure I locked the door—I put the key in my coat pocket—I went next morning at 8.25, but I was not the first person there—I know the prisoner Frederick as working for Mr. Adams
HENRY MARSTON . I am in Mr. Parr's employment—I was first to arrive on January 3rd—I only gave the key half a turn and the door opened—I went in and picked up letters and newspapers from the floor, and behind the door I saw a piece of black cloth with knives wrapped in it—the desk was broken open.
RICHARD KIMBER (Re-examined). Frederick did not live with his brothers, but he had been sleeping there the last night or two—the other prisoners occupied one back room second floor—Frederick gave his address 7, Level Road, Wandsworth Road, that is where the scent was found—I found this rent book in Charles's room, it is in the name of Mr. Stelling. FERDINAND and CHARLES GUILTY of reciving . FERDINAND
was further charged in October, 1877, to which he PLEADED GUILTY— Two Years' each in Penal Servitude .
GEORGE GREATHAM (Detective W). On 22nd January at 2. 15 a. m. I met the prisoner and a man in Wandsworth Road—one was ahead of the other—I fancied the prisoner had something under his arm—I turned back, and before I could ask him what he had got he threw something into the road, and they ran away—I followed, calling "Stop thief"—Lewis stopped the prisoner—I went back and found a dress and cloak in the road, and at the station in the breast of the prisoner's coat I found this waterproof coat, this scarf in his pocket, and a handkerchief and a box of matches, and this other scarf on his neck—he was charged with unlawful possession of the articles—next day, about 2 p. m., I went to Miss Haynes, 358, Wandsworth Road, and saw Maria Beck, who gave me some matches which corresponded with those found on the prisoner—an attempt had been made to enter the pantry window, and an entry had been made through the kitchen window, which was unfastened, and they had returned the same way.
Cross-examined. You threw the clothes away—they did not get dirty—they fell in the middle of the road.
CHARLES LEWIS (Policeman W 358). I was on duty and saw the prisoner running—he ran about 500 yards before I stopped him—he then threw himself down in a corner and asked me what I wanted with him—I said "You had better come back and see—he tried to throw his jacket over my head.
MARIA BECK . I am servant to Mrs. Aste, of 358, Wandsworth Road—on the night of January 21 I locked up the house safely—I was the last person up—this waterproof belongs to me, and the other articles to my mistress—they were safe in a box when I went to bed, and I missed them next morning, and found the window open and one cord of it broken. GUILTY — Eighteen Months' Imprisonment .
Before Baron Pollock.
MR. MEAD conducted the Prosecution.
CHARLES GEORGE WILDEY . I am a confectioner of 175, Earl's Court, Kensington—on 17th January I lost the last train at the Mansion House, at 11. 45 or 11.50, and I walked towards Southwark Bridge—I met two women and walked with them over the bridge and turned down a turning on the left-hand side of Southwark Bridge Road—I don't know the name of it—I was never there before—I stopped on the threshold of a house, and hearing a noise at the back, I thought it was not a respectable house and came out and was walking away; one of the women went in the house, the other ran away—I had gone about half a dozen yards when I was knocked down by a blow from behind, and five men were a top of me; they pecked at me and pommelled into me as hard as they
could, and I was lying there when the policeman came up—I can swear to the two prisoners—Chitty undid my waistcoat and caught hold of my watch; the chain was fastened in my braces and went round my neck—he broke the chain and got it, and the watch; it was a silver one—I did not see what became of him—somebody said "The police are coming," and they scampered off—Sullivan was on the top of me pommelling me—I will swear to him—my face was bleeding, I have the mark now; I could not swear who gave me the blow, because they were all pommelling me—I afterwards met the two police-constables with the prisoners in their custody—I lost my hat as well as my watch.
HENRY ALLEN (Policeman M 88). I was on duty near Mint Street, Southwark, about 1. 30 on 17th January, and saw a man, who told me there was a man knocked down—I went into Peter Street and then into King Street—I heard a woman cry out "The police are coming," and saw the prosecutor lying on the ground in the gutter at the edge of the kerb, and Sullivan in the act of getting off him—I can't swear to Chitty—there were some others standing about; they ran away when they saw me—I followed Sullivan only down Mint Street into Redcross Street—I lost sight of him—I sprang my rattle—I went on in the same direction, and met both the prisoners in the custody of Cranston—I said "The short man (Sullivan) is the one I saw getting off the prosecutor"—he said nothing to that—on the way to the station we met the prosecutor, he was bleeding from this side of the face—he said "I have lost my hat, my watch, and all my money"—he was very much confused, he seemed to be quite stupid from the violence—he had been drinking—the prisoners were taken to the station and charged—they said they knew nothing about it, they were running after the man with a stick, who had knocked the prosecutor about and robbed him.
Cross-examined by Sullivan. You were not running through Duke Street when I men you—I did not tell you to go to the Grapes public-house and tell another policeman to come—I did not have the prosecutor between me and 236 at the waiting-room at the police-court, nor did you say "If you are not careful what you are talking about I shall make it known to the Magistrate"—I did not tell the prosecutor if he would make this charge it would be better for us.
ROBERT CRANSTON (Policeman M 77). About 1.30 on 17th January I was on duty in the Southwark Bridge Road—I heard a female cry "Murder, police"—I heard a rattle and ran, and at the corner of King Street and Peter Street I saw the two prisoners running in front of me; in fact, they ran right into my face and I caught them, one in each hand—I said "What are you running about?"—they said "We are running after a man that has knocked down a man and robbed him in Mint Street"—I said "No man has gone along here, you two will have to come back to where I heard the rattle spring"—I took them back and met Allen, who said "That little one is the one I saw get up off the man who was knocked down and robbed"—Sullivan said not a word—I afterwards met the prosecutor in Red Cross Street, bleeding from a cut over the eyebrow—I searched the prisoners at the station; on Chitty I found a penny, and on Sullivan a knite.
Cross-examined by Sullivan. You did not tell me when I met you that two men had been fighting and one was knocked down with a poker. The prisoners, in their defence, stated that they were in Chitty's house, when
they heard a cry of "Murder," and ran out to see what was the matter, and that seeing a man running, they pursued him, when the constable met them and charged them with the offence. GUILTY .
Sullivan was further charged with a previous conviction at this Court in July, 1873, having then been before convicted. To this he PLEADED GUILTY.
SULLIVAN**— Seven Years' Penal Servitude .
CHITTY— Eighteen Months' Imprisonment .
MR. ST. AUBYN conducted the Prosecution. JOHN GRAY. I am a chandler, of 47, Henry Street, Kent Street—on the evening of 21st January last I was walking along Tiverton Street, about a quarter-past 6, going home—two men followed me and knocked me down and stole my watch and chain—one hit me on the back of my head and on the eye—they knocked me down with their fists—I fell and one of my ribs was fractured by the fall—I had my watch safe at halfpast 5—it was taken from me by those two men—it was a dark street and I could not identify them—they struck me three or four blows.
FRANK FLEMING . I am 13 years old—I live at 49, Lion Street, New Kent Road—on this night I was coming along Tiverton Street and saw the prosecutor lying on the ground—I did not see him knocked down—I saw him walking along two or three yards before me, with the two prisoners, one before and one behind—I was going to knock at my door, and when I looked round he was on the ground, and I saw the prisoner snatch at his watch and take a purse out of his pocket—I said "Look out," but I don't think they heard that—I then said I would tell a policeman—they looked round but did not take any notice—I halloaed out again, and they said they would shake my brains out if I did not shut up my row—they then ran away—I knocked at the door and told my uncle, and he came and picked the prosecutor up, and I ran to the station and gave he information—I am quite sure, of the prisoner—I had known him before by seeing him about the New Kent Road with a shoeblack box—two or three nights afterwards I went with the detectives outside the South London Music Hall and pointed him out.
GEORGE WRIGHT (Detective M). On Friday, 25th January, I went with the last witness and Robinson, another officer, outside the South London Music Hall, where he pointed out the prisoner and said "I think that is the one"—I think the prisoner heard him; he walked away immediately till he got under a lamp-post, when the boy said "I am sure that is him"—he ran away down St. George's market—I followed, but lost sight of him—I took him about a quarter to 9 that evening near the Elephant and Castle—the boy was with me and said "Here he comes"—I told him what I wanted him for—he said "I know nothing of it"—I said "What did you run away for"—he said "I don't know"—there were about 150 people waiting outside the music hall, where the boy first pointed him out.
GUILTY . He also PLEADED GUILTY to two previous convictions— Seven Years' Penal Servitude .
Defence. JAMES LARKMAN. I am a labourer, and live at No. 12, Ship and Mermaid Yard—I went home shortly after midnight on Christmas Eve, when I met the prisoner with a dog under his arm, which he set at me—I told him if he didn't take the dog away I should kick it, when he gave me a blow in the jaw and ran away—I ran after him, and caught him on the stairs of No. 2, Ship and Mermaid Yard, where his mother and another woman named Donohue live, and we had a struggle on the stairs—his mother happened to be near, and pulled him one step higher up the stairs, and he drew a white-handled knife from his right-hand trousers pocket, and stabbed me in the side, and said "I mean doing for you"—I fell on my side in the corner, and found my inside was hanging out about two inches—he ran upstairs and got a poker and hit me twice on the arm and three times across the back—I remember no more till the next morning when I found myself in Guy's Hospital, where I remained for four weeks—I am sure his mother did not stab me—she was the only other present—I saw the knife in his hand—I have seen him with it before.
Cross-examined. I was sober I am certain—I have been a quiet peaceable man for the last nine months—I had not before that the reputation of being so—he put down the dog and set it at me before anything was said—I did not strike the prisoner or kick the dog—I have been convicted several times for assault, but I have turned over a new leaf now—I do not remember being convicted in November, 1873—I was in October, 1875, and sentenced to 21 days' hard labour at the Southwark policecourt; in November, 1875, to one month for willful damage and assault; and three months in April, 1876, for assaulting a police-constable, and in February, 1876, I had seven days for assaulting another constable—in February, 1877, I got a month for assaulting a woman, and in August, 1877, I was bound over to keep the peace for a row at home—I didn't have two months on the 27th September, 1877—I know police-constable 110 M—he did not take me into custody then—I have not been taken this last nine months—I did not seize the prisoner's mother by the hair, and he did not say "I will not have my mother struck," and then get the poker—I might have torn his trousers in the scuffle—I only went in to remonstrate with him.
JOSEPH REARDON . I am a labourer, and live at 9, Ship and Mermaid Yard—I heard a cry of "Murder" late on Christmas Eve, and a woman told me to run into the passage of No. 2, and I did so and I saw the prisoner, his mother, and Larkman, no one else—as I ran into the house the prisoner ran upstairs and said "What will you do, Jim Larkman, or anyb—b—who will take your part?" —Larkman called out "I am stabbed," and the prisoner runs up and gets a poker and says "That will do; I know who it is now," and he hit Larkman two or three times and his mother on the head—she was on the stairs holding Larkman—I did not see the stabbing—I picked the prosecutor up and took him to the hospital—I had to keep his wounds in, they were coming out through his guts—I didn't see any other man in the place.
Cross-examined. I see Mrs. Donohue up at the window when first I
went in—I see the affair just at the moment he was stabbed—I saw no knife—I know the prisoner—I don't know that he has got no pockets in his trousers—he had plenty of time to do away with his pockets.
DR. OWEN JONES . I was acting House Surgeon at Guy's Hospital on Christmas Eve when the prisoner was brought in—I examined him after he was in bed, and found he had a clean-cut, incised wound, I should say about one or two inches long, just above the left groin, and there was about two or three inches of omentum hanging out—those were all the injuries I saw—that portion of the omentum was ligatured and removed, and the patient was put to bed—he remained in the hospital till 19th January, I believe—only the lining of the intestines was cut—the gut itself was not injured—I should think the wound must have been produced by some kind of knife, as it was a clean-cut wound.
Cross-examined. I have seen the poker (produced)—I do not think it possible that a blow with the poker could have caused the wound—it must have been some sharp-cutting instrument.
THOMAS CUMMINGS (Policeman 30 M). I went with another constable to apprehend the prisoner at No. 2, Ship and Mermaid Yard, first floor, at about 12.30 p.m. on Christmas Eve—I saw the prisoner and three women—the other constable told him that we should have to take him into custody for stabbing a man—he said, "I didn't stab him—I didn't have a knife"—we took him to the hospital to the prosecutor's bedside, and he said, "That is the man who stabbed me"—I then went back to the house to search for a knife, but could not find one—I found this poker in the fireplace.
Cross-examined. I took him into custody in the same house as the occurrence—I had no difficulty in finding him—the passage where it occurred was very dark, and I believe without a light of some sort it would be almost impossible to see what did take place.
JAMES WASH (Policeman 15 M). I went with the last witness to the bedside of the prosecutor at Guy's Hospital—he said the prisoner took a knife from his right-hand trousers pocket—I examined the prisoner's trousers, and there were no pockets there—his trousers were torn from the bottom right up—that could not have been more than 15 minutes after the occurrence—the trousers appeared to have been made without pockets.
The Prisoner's Statement before the Magistrate. "I was going towards home, he was going towards the top of the street. Seeing that he was intoxicated I got into the middle of the road. Joseph Reardon was one of the men with him. He said, " 'You b—, I have got you now.' I said, 'What for?' He said, 'That heifer you spoke to'. He raised his foot to kick the dog. I told him not. I took up the dog and turned back into my mother's room, when he ran up the stairs after me. My mother put her back to the door to prevent him coming in. He bursted the door open and seized my mother by her hair and began thumping into her. I got hold of the poker and struck him across the hand to loose his hand out of my mother's hair. Mrs. Donohue was in the room at the same time. She called out for help. Joseph Reardon then came into the room."
Witnesses for the Defence.
MARIA DONOHUE . I am a widow, and live in the same house as the prisoner's mother—he lives with his grandmother—I was in my own room when the disturbance took place, which was a little after 12 o'clock on Christmas eve—I heard the prisoner bid his mother "good-night" to go home, and about a minute afterwards I heard the prosecutor call the prisoner a "long swine" and attack him just outside the door—I then heard them rush upstairs—I opened my room door and called to his mother—a scuffle took place on the stairs, and his mother called me down to help to put Larkman outside the door—I went down and saw Larkman have hold of the prisoner by the two legs trying to drag him downstairs, and his mother was trying to get hold of her son—the prisoner had no coat or waistcoat on at that time, and she caught him hold and pulled him up the stairs—Larkman then caught the mother by the hair of her head and struck her in the face—I ran up into my own room then, and called out of the window for the police—I know nothing about the stabbing.
Cross-examined. There was only the prisoner's mother and me, the prosecutor and the prisoner there—I cannot say who was in the passage, it was very dark—I only heard Larkman call out once—he said "I have caught you now"—I saw nothing of the dog.
MARY ANN WATTER . I am the wife of William Watter, a fireman—the prisoner is my son by a former husband—I have lived at 2, Ship and Mermaid Yard for six years—a little before 12.30 on Christmas eve or Christmas morning the prisoner bid me "good-night"—he lives at his grandmother's some distance off—he then ran upstairs into the room, and Larkman ran up after him—I put my back to the door, and my son said "Mother, Larkman wants to fight me; I don't want to fight"—Larkman pushed the door in, and I said "What occasion have you got to fight my son?"—he said "You b—y old cow, I will pay you," and he hit me, and I have had two abscesses from the blows I received on my head—I was within a month of my confinement—he said "I will pay you, if I can't pay your long sod of a son," and I received a black eye, and he has tore that much hair out of my head [producing some hair)—I didn't know he was stabbed until I see the policeman come and take my boy—I never knew my son had a knife—I didn't see him take the poker.
Cross-examined. The scuffle didn't last more than a minute, and I called Mrs. Donohue for help—my boy went to pull me, and Larkman tore the leg of my son's trousers down—he pulled him out on the landing—I didn't stab him—I didn't see the poker used—he choked me nearly when he tore me by the hair.
JAMES LABKMAN (Re-examined. ) I had no knife in my possession—I never carry one—I saw the knife in the prisoner's hand because the handle was white—it was not so over dark—there was a light from the lamp outside the door in the passage—I knew the knife by having handled it—the prisoner had lent it to me when I worked with him—I can swear to the knife—I was three or four stairs up from the passage when I was stabbed. GUILTY of unlawfully wounding under great provocation. Strongly recommended to mercy.
He was further charged with having been convicted of larceny in 1876—to this he PLEADED GUILTY — Eighteen Months' Imprisonment .
Before Robert Malcolm Kerr, Esq.
310. ALFRED EAGLESFIELD (21), Feloniously uttering a forged order for the delivery of one dozen skins, with intent to defraud. MR. DIXON conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
WILLES. I am in the employ of Foster and Evans, 45, Bermondsey Street, leather factors—The prisoner came there on 24th January between 2 and 3 o'clock, when I showed him some samples of leather—he said that he was sent from Gibson and Co., of Aldermanbury—Mr. Clarke was present—there were half a dozen kangaroo skins, which he said were very much like his sample—they are sold by weight—they were weighed and I packed them up in paper and he took them away—I am certain he is the man—he had got a dark suit and a low-crowned hat—I took particular notice of his face.
Cross-examined. I speak from his features—the dress he has on now he didn't have on when he came to the warehouse—that wouldn't make any difference to his features.
ROBERT LANCELOT CLARKE . I am clerk to Messrs. Foster and Evans—on 24th January the prisoner called at and presented this order:—"January 24th, 1878—Please deliver to bearer one dozen to pattern.—W. G., W. T., and J. F. Gibson, merchants and manufacturers, 20, Aldermanbury, London."—I believed that came from Messrs. Gibson, and gave him the goods as near as I could to the sample—he had them counted and weighed and tied up in a parcel—he signed this receipt (produced)—he said "Your traveller called on us this morning, and I was not in," and he gave me this form from Gibson and said "This is a small foreign order we get once a year"—I afterwards sent this invoice to Messrs. Gibson by post (produced)—that is not my writing—I am quite sure the prisoner is the man who called.
Cross-examined. I next saw him at Finsbury Pavement, when he was dressed differently.
WILLIAM TAIT GIBSON . I am a member of the firm of W. T. and J. F. Gibson, of 20, Aldermanbury—I did not authorise the prisoner to take that order to Messrs. Foster and Evans to get the skins—the printed part of it is very probably from our firm.
Cross-examined. There are two members in my firm—my brother's name is Joseph Frederick—he is not here—the prisoner was in our employ about seven months ago for about two years—he left us in August, 1877—this "W. T." purports to be my signature, but it is not, nor is it my brother's—he would not use "W. T."—he would sign "J. F. G."—the prisoner had no business whatever with this order.
SAMUEL BUTTERING (Policeman). I took the prisoner on the 29th—he was recognised by Clarke, who was with me in Finsbury Pavement—I told him I was a police officer, and should take him in custody for obtaining skins on 24th January—he said that he knew nothing about it—he was taken to Moor Lane station and then to Bermondsey, where he was searched by another officer and the charge read over to him—I went
to the prisoner's address, and in a coat pocket of his I found three pieces of leather—his mother said it was his coat.
GUILTY — Twelve Months' Imprisonment .
Before Mr. Common Serjeant.
311. ISAAC OLPIN (45) and WILLIAM PETERS (31), Unlawfully conspiring to defraud Samuel Bevington and Sons of 778 dozens of skins, their property. Other Counts—To omit certain particulars from the books of the said firm, and charging PETERS with making certain false entries therein, and OLPIN with aiding and abetting him. MESSRS. POPE, Q. C., and STRAIGHT conducted the Prosecution; MESSRS.
BESLEY and GRAIN appeared for Olpin; and MR. LILLEY for Peters.
JAMES KEYS. I am accountant to Messrs. Bevington and Sons, of the Neckinger Mills, Southwark—I have been so ten years—Peters was clerk and salesman—his duty was to sell goods to customers and enter them in the day book with the quantity and quality—it was his duty to prepare an invoice and hand it to the delivery clerk, who would have a delivery note made out for it, which would be put into an envelope, and deliver it to the carman with the goods—the customer would be required to sign it when the goods were delivered—there is a weigh-bridge at the entrance of the premises over which all goods sold by weight have to go before they go off the premises—it is necessary for the carman to have a pass note made out by one of the junior clerks—he would get it from the delivery clerk, and the particulars would come from the receipt note—the goods here are skivers, 12 qualities in all—when skivers come from the mills to the warehouse, Peters and the warehouseman have to decide as to the quality to which they are to be put—they range from a high to a low price—after they are sorted they are kept in a warehouse—the prices vary from 5s. to 45s. a dozen—if a customer came to purchase skins, he would see Peters or Barrett—samples would be shown him, and when he had decided on a purchase, an entry would be made in the counter book, which is supposed to be kept by Barrett, specifying the quantity and quality of the skins, the lot from which they were taken, and the name of the customer—they would go from the counter book into the day book, which was kept by Peters, and the invoices should be made out by the day book and then the receipt note, and the pass would be made out, and the day book would go into the counting-house and be posted in the regular way—the previous stock-taking was on July 1, 1877, and was made by Peters and Barrett—Peters gave the stock by name and I had to post it—it appeared to be correct—early in November I took stock myself, and taking what Peters had told me iu July, I found a deficiency of about 760 dozens of skivers and 80 dozens of roans—I communicated with Peters that I was going to take stock—this was an unusual stock-taking—we only take stock every midsummer—Olpin was allowed 100l. a month credit, and on examining his account found it was overdrawn—Olpin was a shaver, that is a man who makes skivers—I knew him in the service, but do not know him personally—on Tuesday, 7th November, he came to the mills and said that he had called to see Mr. Samuel Bevington, and asked why he was stopped having goods—I said "For a man in your position the account is very good, especially as the firm have arranged 100l. a month"—he said "I do not owe you more than 30l. or 40l."—I said "You certainly do; I am given to understand from Peters that the account is
above 120l."—he said "Oh, it is admitted I have not had the goods"—I sent a telegram to the office in St. Thomas's Street—Olpin remained, and when I got the answer I told him that the amount standing to his debit was 208l.—he said "Oh, I have not had the goods, come round with me and I will show you the invoices"—I went out with him and went into a barber's shop with him on the way, and Peters came in there, and on leaving I suggested to Peters that he had better go back to the mills; he touched Olpin on the shoulder and drew him aside—they went 30 or 40 yards from me and were talking two or three minutes—Olpin then returned, and said that Peters said to him "Don't let Jim see the invoices" (I am Jim), and that he said to Peters "That game won't suit me"—I went with Olpin to his house in Blue Anchor Road—he produced this file of invoices—I have cast up the amount of them since, and if the amounts represented in them are true, Olpin would owe the firm 38l.—I asked him to let me have them to compare with the ledger—22 of them are in Peters' writing, and the others in Barber, the junior clerk's—I left Olpin's house and went with him to the Star public-house, where the landlord showed me two cheques, one for 100l. and one for 70l., and after I left Olpin showed me more cheques—I then went to St. Thomas's Street and made a report to Mr. Bevington, and on the same day, about 5.30, I again went to the Star and found the prisoners there, and heard Olpin say to Peters "If you have done wrong why to hell don't you go to the governor and make a clean breast of it?"—Peters then asked me to see him privately—I went into a private room with him, and he threw himself on a seat and said "Ah, Jim, it is all over now"—I said "If you have done wrong, you had better go to the governor and explain the matter and make a clean breast of it"—he said "I cannot face them, I will write"—this letter is in Peters's writing.
Cross-examined by MR. LILLEY. I was not present when it was written—I first saw it when Mr. Samuel Bevington showed it to me in the first week in December. SAMUEL BEVINGTON (Not examined in Chief).
Cross-examined by MR. LILLEY. I am one of the principals of this firm—this letter is addressed to the firm—I saw Peters at his house, and had a conversation with him—I had had a long search for him, as father was apprehensive that he would commit suicide—I found him at his house in a depressed state of mind, and under a promise of leniency he made a statement to me, but not a full confession—the letter had been written before I entered the house, and was lying before him—I had not seen him before I went there, or given him a promise of leniency or intimated that he would be reinstated—I took the letter up and put it in my pocket with his consent—that was after I had made him a promise of leniency—I had had about a quarter of an hour's conversation with him before that.
By MR. POPE. I found Peters and his wife there—Atkins went with me, but did not go up into the room.
MR. LILLEY objected to the admission of the letter, as it was given up after the promise of leniency, and the statement in it was made under a promise. The COURT considered that the Prisoner receiving advice to make a clean breast of it was not sufficient to exclude the letter, and that as his statement was reduced to writing before the promise of leniency was made to him, the foundation for the objection entirely failed. (Letter read: "22, Longley Street. Dear Sirs,—I
am very sorry to inform you that I have been false to you in respect to Olpen's account. The way it has occurred is this: five years ago he began dealing with you, with my father, and about a year ago open an account. The way the accounts have been falsified is this: when Olpen has come in to buy I have made out the invoice and sent it with carman, or given it him, and entered it afterwards different in price in the day book. I never took money from Olpen on your account without paying it in. I have no excuse to offer. I can only say that I am very sorry and ashamed to have abuse your confidence in this manner. I write this now, as my head is so bad, not be able to see you in the morning. Respecting the stock was not correct when it was given under my charge, and was very short when I had it. I leave the rest in your hands to do what you will, us I am entirely to blame."
JAMES KEYS (Continued). At the close of my conversation with Peters he asked me to go back to the Mills and fetch his overcoat, and when I got there I made a communication to Mr. Bevington, who went out and came back with the coat—Peters afterwards came out with Olpin, saying "Here comes Mr. Samuel Bevington, I'm off"—I called at Peters's house several times after that; I called on the 28th and he handed me these invoices, marked C 1 to 23, and said that he could swear Olpin had had the goods mentioned in them with the exception of two of them—I have compared them and they agree with the day book kept by Peters—I finished stock-taking on 30th November, saw Peters again, and mentioned the deficiency I found—I told him the same as I have told you to-day—he replied that there were about 200 dozen short stock-taking, but he could not account for the rest—he came to the warehouse the next day and looked over the stock, but did not account for the deficiency—I remember 76 dozen of high-limed skins being put into stock after the stock-taking in July, and I could not find any trace of them when I went through the stock in November—I told Peters I could not find them—he said that they had gone to Olpin, and that he had passed an invoice in the name of A. D. Poppleton for five dozen high-limed skivers, for which I have written off the skins that have gone to Olpin at 12s. a dozen—he has entered them to Poppleton at 9s. 6d., and I do not know whether 12s. would be their fair value—Mr. S. Bevington and Peters had priced them, they always did so—this is the assortment book, in which I make up the assortments from information given by Peters—I find here at folio 99 that he told me to price these skins at 18s., which he told me had sent to Olpin at 12s., and debited them to Poppleton, but that the 56 dozen had not come into stock—I have looked through the books, but find no trace of a sale to Poppleton of 76 dozen high-limed skins in Olpin's writing—I have examined the day book and ledger, and the receipt notes and the pass notes, but the counter book has not been posted—it was Barrett's duty to keep that—I find in the stock book an entry in Peter's writing of 99 dozen skivers being in the possession of Whithard and Crisp—they are bracketed with 664 others, that is to make a total quantity in stock—"W. C. and Co." is against these—they got into Messrs. Bevington's hands, because they were to be sold on commission.
Cross-examined by MR. BESLEY. I was not an accountant the whole of the ten years—I was junior clerk—I was promoted to be an accountant about three years back—I never took stock before this November—the firm have premises in Thames Street, Southwark, and in Worcester—I
have been to those places—the manufactories are at Worcester, and a warehouse at Thomas Street, Southwark—the entries on these papers are copied from the rough sheets used in the stock-taking—the rough sheets are on the file—I counted the bundles of skins—I assumed that each bundle contained 2 dozen—Orchard and Collins counted them—there were more than 7, 000 or 8, 000 skins to count, about 1, 300 dozens of skivers, and about 1, 100 dozens of roans—it was Peters's special department to take the quantities—Peters's father left about three years back and Peters succeeded him—this (produced) is the sheet in Peters's handwriting showing the stock-taking in July—I find that Mr. Samuel Bevington has initialled the quantity in red ink twice, once for the roans and once for the skivers—he is the buyer for the firm—the first process is fellmongering—they are bought in large quantities in that state every week—about 120 dozens came to Neckinger Mills every week—the skins are more faulty in the summer than the winter—it requires a practical man to detect the qualities of the skins in that stage—we have to sell some at less than cost price in consequence of their being of bad quality—the price varies according to the quality, from 5s. to 45s. a dozen in the crust state—the factory is divided into ten departments, two of which are the crust skiver and roan departments—I never checked the stock-taking of Peters's father—I noticed that Peters, in his letter, states that the stock was never right from the time he had it—if that was so then he has returned me a wrong account ever since—we finish the goods at Neckinger Mills—when Olpin came on 27th November he arranged for a credit of 100l. a month—I suggested that I should telegraph to the ledger-keeper—Olpin acquiesced in that—he offered to take me to the house and show me the invoices—I did not suggest that he had not had credit for the last two payments—I mentioned two cheques of 100l. and 70l.—I went and looked at his invoices and found they began in February, 1877—there was only one monthly statement that was rendered by Peters—I cannot say when I asked him whether there was any further payment and he told me that he had paid three cheques since that time—he said they were the cheques of a publican near—I suggested that I should go to the publican to see them, and I did so—I only saw two of the cheques—I asked to see the two cheques for the 100l. and the 70l.—I did not know at that time that they were credited in the ledger—I have found so since by looking at the ledger—on 24th August there is a payment of 95l. 19s.—this (produced) is the cheque for it, it is stamped as paid through our bankers; that left a balance of 21l. 8s.—the balance shown in the ledger is 61l. 6s.—these (produced) are statements rendered by Peters; they are receipted by Mr. Pillow, who is a person in the firm—those statements go down to 4th August—I should say they correspond with the ledger—the earliest date is December 5th, 1876—these are statements of goods had from the firm rendered by Peters—Mr. Pillow received the money upon them and receipted them—a balance is shown upon two of them—the word "discount" is in Pillow's writing, the figures are Peters's—the invoices should be made out from the day book, not from the receipt note—the ledger is posted from the day book by the ledger clerk in St. Thomas's Street—these two invoices dated October 30th and November 21st are on the forms of our firm, they are both in Peters's writing—the receipts correspond, but are dated earlier—I have gone through the carman's receipt notes from July 11th and compared them with the invoices.
Re-examined. The terms upon which we dealt with Olpin were a monthly credit, less 2 1/2 discount—goods supplied in one month were to be paid the following month—the ledger clerk would make out the monthly accounts—it was not Peters's duty—if Peters sold goods he would enter the sale in the day book, and that would find its way into the ledger—if the entry in the day book was made at a fraudulent price it would appear as a correct entry in the ledger, and would appear in these statements, and be paid for by the customer—but he would only pay the fraudulent price that was in the day book—the July statement is in Peters's writing—in the ledger Olpin's account appears under consecutive dates, but not in the statements, so that they cannot have been copied from the ledger—it was no part of Peters's duty to render these monthly statements—there is no entry in the statement of 11th July—I never took stock myself till November, and that was by the special direction of Messrs. Bevington—Peters and the under-warehouseman Barrett took stock, that is they counted the stock on hand, and Mr. Samuel Bevington initialled it—he would take it on trust from the warehouseman—Peters always told me whether the stock was correct or not—on 1st July I found there was a large deficiency—I can't say for how long it may have been wrong.
EDWARD THOMAS . I am a carman in the service of Messrs. Bevington—I was in the habit of taking goods from time to time to Olpin's premises with a receipt note, and obtaining a receipt from Olpin for the goods, which I brought back and handed in to the counting-house.
Cross-examined by MR. BESLEY. The receipt note-book is kept in the counting-house—four clerks are employed there; the skins are thrown down in bundles from a loophole into the van for me to deliver—when I delivered skins to Olpin he signed for them—he did not count them—we have a pass to pass out at the gate—I do not always take the invoice with me; sometimes it is sent on—I am not aware that I ever took more bundles to Olpin than appeared on the delivery note—we tally the bundles, we don't count the skins—I carry back the receipt note and put it in a box—I never gave a receipt note of Olpin's to Peters.
WILLIAM BARRETT . I am under-warehouseman to Messrs. Bevington, at Neckinger Mills—Peters was the warehouseman, and his father before him—it was part of my duty to assist Peters in assorting the skins, showing goods to customers, and delivering to the carmen—I had nothing to do with making entries in the day book, that was Peters's duty—he and Mr. Samuel Bevington fixed the prices at which goods should be sold; I had nothing to do with that—I had a counter book in which I entered the skins that went out of the warehouse—I did not always have that book—I asked for it, the firm did not ask me to keep it—Peters used to ask me for it, and once he kept it for about six months—during that six months it was not made up; I never saw it—when I got it back again Peters told me to make it up from the day book; I did so—when I had not the counter-book I made entries in this pocket-book (produced)—I made the entries by Peters's direction—this shows the quality or class of goods that went out since January—I made the entries either that day or the next—I had no counter book then—I received directions from Peters as to the class of goods that were to be delivered to Olpin—I recollect the stock being taken in July—I counted the skins in the bundles—I had a man to help me—I gave the numbers to Peters—I asked him
how the stock came out—he said a few short—I asked him how it was that they were short—he said he had got some at the back of the book to be entered, and that would make them right—the night before he left he told me not to expect to see him any more—I asked why—he said because he might be 100 miles away to-morrow—I have been shown this exhibit marked "I"—the extracts are correct from the pocket-book.
Cross-examined by MR. BESLEY. I have been under Peters's orders between six and seven years—I have assisted in every stock-taking during all that time—it will sometimes take a month to take stock at Neckinger Mills—it would usually take two men to count as well as somebody to memo. down the figures—when Peters's father was there I assisted him in the stock-taking—Mr. Samuel Bevington attends to the stock-taking, ticking off the bundles and initialling them—he has before his eyes the goods that have been counted—it is a mere matter of counting—no comparison is made with the previous year—I have not heard Mr. Samuel Bevington say that he was averse to this prosecution—I have not discovered since this prosecution that a large quantity of goods had not been taken into account—there has been no discovery of any alteration in the figures—in selling, the actual skins are shown to the customer, not samples—I don't remember Mr. Samuel Bevington ever selling to Olpin—he is there almost every day and present when Peters is selling—I am not aware that Peters was allowed a discretion to sell at less than the usual price—I think he would ask permission first—he might ask what he liked provided it was above the standard—if skins are found to be faulty the price is reduced—the majority of the skins sold to Olpin were what are called broken or faulty—I have often been with the carman to Olpin's to deliver goods—I never delivered a bundle more to the carman than I was ordered to do, nor has more been delivered at Olpin's than I had orders for. (The witness here read from his book a number of entries of goods delivered to Olpin from July 11th to September 4th.
Cross-examined by MR. LILLEY. I personally sorted a number of the skins—Peters travelled occasionally and would be absent for two or three days—during that time I attended to the business, sorted the skins and attended to the customers—I never showed this pocket-book to Peters or mentioned to the principals that I was keeping it—Peters left on 3rd December—he appeared to be very much depressed—I never noticed it before that day.
JAMES KEYS (Re-examined) There is a standard price for different classes of goods—the standard price of No. 2 is 20s.; No. 2, broken,. 12s.; No. 1, broken, 18s.; re-tanned, about 20s.; it would depend upon their quality; stained goods would be about 12s. or 13s.—no one had authority to charge 12s. for No. 2, without the consent of the firm—I have gone through the receipt notes returned to the office by Thomas—they are gummed on to the counterfoils when returned—all those which appear in No. 1 account are signed by Olpin—on 11th July, 1877, he signed for 33 dozen and three skivers—there is no entry of that in the day book, nor any invoice of that date; but there is one of 16th July for 33 dozen and three crust skivers, all lumped together at 12s. a dozen, amounting to 19l. instead of 29l. 8s. 4d.—on 16th July Olpin signed for 28 dozen—in the day book it is entered as 11 dozen and three at 12s., 6l. 5s., which was all he paid; according to the entry in Barrett's pocketbook
it would amount to 23l. 10s.—on 21st July Olpin signed for 29 dozen, 17l. 8s., instead of 28l. 12s., according to Barrett's pocket-book—on 26th July it is 14l. 10s. instead of 25l.—on 4th August 22l. 16s. instead of 32l. 16s.—on 11th August 21l. instead of 30l.—I have gone all through the exhibit I, and marked out the particular instances in which goods have been signed for by Olpin invoiced at less than the standard prices—there are 220 instances, extending from July to November—it amounts to about 260l.
Cross-examined by MR. BESLEY. I find no entry in the day book at page 297 referring to the 33 dozen and three on July 10 to Olpin—I find an entry here—I cannot say what the word is, but this is not the day book officially these are memoranda made by Peters—we do not recognise the entries he makes on the back of the day book—here is an entry at page 158 of 50 dozen at 21s. on September 21—I have no carman's receipt for 50 dozen. (MR. BESLEY here went into a minute examination of the books and the invoices of 1874, 1875, and 1876. ) I cannot say whether Olpin by his statement has been charged for every single skin, for which I have a receipt note—I take the official books of the firm, and I tell you that that statement does not agree with the ledger—all the goods in these invoices given me by Peters are described as skivers, at prices varying from 12s. to 20s.—there are I believe seven members in the firm—no comparison was made between the day book and the carman's receipt note—the delivery clerk compares the prices given to the gatekeeper.
Cross-examined by MR. LILLEY. I have been there 10 years, and Peters was there before me—his father was there for a number of years, and he succeeded him—Peters did not draw my attention to the fact that the amount was larger than was stated by Olpin to be drawn to his credit—he gave me no information about it, but he gave me a statement of 120l. standing to Olpin's debit—Peters appeared very agitated, and in a very low depressed state of mind when he threw himself in the corner—that was before he saw Mr. Samuel Bevington—he was much better when he came next day, Saturday.
Re-examined. This statement (produced) appears to contain some items which have not been to the debit of the account—it is in Peters's writing and so is the receipt—supposing the cheque was paid in in the countinghouse there in nothing to show what it was for, unless the account was handed in with it.
—PILLOW. I am cashier and delivery clerk at Neckinger Mills—this delivery note refers to 23 dozen crust skivers—the counterfoil is not here, but it would be in Peters's writing—here is a counterfoil at page 448 in the receipt book for 23 dozen skivers in the prisoner's writing—it purports to be in Olpin's, but no receipt note is attached—in going through the books in November my attention was attracted to this counterfoil without a receipt, and I called Patters's attention to the fact that these goods were not charged in the day book—he said that it was not neccessary, as they were goods from Mr. Van on approval, and were sent to Olpin for his approval, so that they were not, he said, Bevington's goods at all, and that Olpin had returned them to Mr. Van—I said that I should want the receipt from Olpin or Van for the goods—he said that Olpin had retained the receipt as he had last parced with the goods—I told him we ought to have some sort of receipt—he said that Mr. Olpin would not care about giving it up, as he had parted with the goods—I
wrote a memorandum on the counterfoil in Peters's presence: "These were Mr. Van's goods, sent on approval, returned to Van direct to Mr. Olpin." I received this cheque—neither I or the clerk would have any knowledge of what the goods were, except as they appeared in the day book—I do not know whether that was the actual transaction or not.
Cross-examined by MR. BESLEY. I find the cheques stamped with the stamp of the firm—when I got the 95l. odd I should simply pass it on to the head cashier at St. Thomas's Street—I find the 23 dozen, of which I have not the carman's receipt, on one of our lithographed forms invoiced to Olpin—I do not see any invoice for 100l.—our monthly statement is made out by the ledger clerk at St. Thomas's Street—I do not keep a list of what is sent in—Olpin has often come and paid me money during three or four years—his conduct has always been straightforward as far as I have known.
Cross-examined by MR. LILLEY. Keys has not succeeded to Peters's situation, except for a time, while obtaining somebody else.
MARTIN VAN . I am a parchment manufacturer, of Brentford, Middlesex, and have dealt with Messrs. Bevington some years—I never saw Olpin to my knowledge till the other day—I did not forward 23 dozen skins on or about 3rd November to the prosecutors, nor were they returned to me by Olpin.
WILLIAM CASLEDON . I am clerk to Whittaker, Crisp, and Co., leather factors—we sell on commission for Messrs. Bevington—during the last week in June we did not sell for them 99 dozen of skivers, nor have we done so since.
Cross-examined by MR. BESLEY. Messrs. Bevington did sell a portion of 44 dozen skivers in 1875, and the remainder was returned on Peters's order, which I can show you.
RICHARD DAVIS . I am warehouseman and clerk to Mr. Poppleton, of Bermondsey—we had no transaction with Messrs. Bevington represented by the invoice produced, except on February 1st; instead of that there were 76 dozen at the same price; this is dated the 9th and our transaction for the larger quantity is dated 1st—we have no transaction for 76 dozen or any transaction on the 9th.
Cross-examined by MR. BESLEY. We had four transactions with Olpin; they were on the 9th May, 25 dozen at 11s.; May 10, another dozen at 11s.; March 7, 44 dozen at 13s.—the price varies from 1s. to 45s.—we sell for different firms to a great many clients—Olpin's conduct has always been proper as far as we are concerned.
Re-examined: There is a variety in skins—the difficulty about skins is that some people sort them badly, and some sort them accordingly, which would help a man in forming a judgment—a man who bought skins worth 20s. would know whether he was getting goods worth 12s.—he ought to know within 2s.
By MR. BESLEY. As a warehouseman he gets the best figure he can—the way of doing it is to get it at the cheapest and sell it as dear as he can—the man whose knowledge is good will buy better than the man whose knowledge is not good—some goods are sold under cost price and some over.
Re-examined. If a man buys goods at 12s. and sells them without sorting at 33s. he will be clever.
of Crimscott Street—I have been in the habit of buying goods of Olpin since April, and this list represents the amount of my transactions with him up to 4th November—the prices in the list are the prices I gave him for the skins—I have shown such of the skins as I had left in stock to Mr. Foster, of the firm of Bevington's—these skins produced are part of a parcel which I bought of Olpin at 33s. on 15th October—I have the invoice.
Cross-examined by MR. BESLEY. I only buy the best skins—I believe it is possible to recognise skins after they have gone through two or three processes—the skins I have had shown to me are Mr. Foster's, and I can say that they came with the invoice from Olpin's—they were in the crust state when I bought them, they are now finished—we have none in the crust state here—I could have sworn to them when they came from the dyer's—we always put our mark on them, and can refer to our books and the invoices—we can swear to the mark—we buy of others besides Olpin, of Bevington's, of Beech and Sons, and we have bought of Woodward and Crisp—they were not out of my possession till we sold them to Bevington's—I know Mr. Bevington's writing—this letter is his—I did not get a letter like that last May or any letter—I do not deal in broken skins at all—I do not put the date upon the skins—I bought on 12th June 12 dozen at 23s.—that was the largest parcel I bought of him.
Cross-examined by MR. LILLEY. I have known Peters from a boy, he has always been honest and upright.
Re-examined. I identify these six skins as part of a lot I bought of Olpin, because two dozen of them have never been out of my hands, and I identify them by referring to my stock-book—I am able positively to swear that the two dozen are part of the six dozen I bought on 15th October.
HARRY FOSTER . I am a member of the firm of Bevington and Sons—I have seen these two dozen skins purchased from Olpin, and am positive that they came out of our stock—I find no entry of any such skins to Olpin within the last six months.
Cross-examined by MR. BESLEY. I wrote this letter. (Read: "Neckinger Mills, January 23. Mr. Kaisey,—Dear Sir,—Can you oblige us in the same way as Mr. Cooper has, viz., sell us a dozen or so of the skivers you bought of J. Olpin, that are our tannage, and give evidence accordingly? The skins would be no use unless you could swear to their being what you bought from Olpin. The writer called round yesterday to see you about it. Yours truly, Beviogton and Sons. P.S. Mr. Wontner sends enclosed summons, so that you can show anybody that you could not help attending.") I only sent one letter like that—I did not enclose the summons, I took it round, and the letter too—I do not think I sent one to Mr. Cooper—I called at two or three places to get skins of our tannage.—Mr. Samuel Bevington is a buyer of some sorts, but only in large quantities under assortment, that would be under cost price—he has not expressed to me his desire that that should not go on—there was not a division of opinion about it among the partners—Olpin was in the employ six years—I know nothing against his character—his dealings were for cash, and were afterwards altered to credit—I went at times through the summary of the books—Mr. Samuel Bevington had the control of some of the books relating to Olpin, and under that special superintendence the monthly accounts went out—the members of the firm would know if the
receipt note was correct what the quantity would be—I never spoke to Olpin in reference to the accounts—I believe the day book is irregular in point of dates—this word "transfer" refers to the quantity of skins transferred from one department to the finishing department—I do not know what S. C. L. means—I have no doubt the accountant can explain the books.
Cross-examined by MR. LILLEY. I know these skins were manufactured by us by their growth and by the workman's mark—Fitch of Melton Mowbray works for us—he does not split all our skivers, but he does the major part of them—he does not make the mark fainter in splitting them—he marks all the skins he splits—he splits about 120 dozen a week—they are not usually larger than these—he does not split for other establishments—when they are returned to us they undergo a certain process and are sold out as quickly as trade permits.
Cross-examined by MR. BESLEY. I can swear that these came from Messrs. Bevington—we send them about 120 dozen every Monday morning.
SAMUEL KAISEY . I live at 28, Aspinall Road, and was clerk to the late Mr. Roberts, a leatherdresser—I have bought goods from time to time of Olpin, averaging from 11s. to 1l. 1s. 6d., and have receipts for the payments—I am the Mr. Kaisey to whom this letter is addressed—I handed it over to the other side—it was obvious that Mr. Bevington wanted me to give such information as I could, and I was unwilling, because I had known Olpin many years.
Cross-examined by MR. BESLEY. I think Mr. Foster called on me three times before he sent the letter, and saw me the third time when he brought the letter—I have known Olpin twenty-five years, he has borne an irreproachable character—he came round with the letter and summons and took me to the police-court straight—Olpin has been in the habit of coming to my master's three years—the skins he sold were all inferior, from 10s. or 12s. up to 21s., none better—he never had any good ones—the highly-limed skins are inferior.
Re-examined. I cannot tell from this account which of the skins were only worth 11s., they were all broken skins, and I know what the fair price to give for them was.
WILLIAM HENRY ARMFIELD . I am a leather-dresser, of 653, Old Kent Road—I did business with Olpin from July, 1876, to February, 1877, to the amount of 10l. or 12l. per week—I believe these receipts to be his writing—they were Bevington and Sons' goods which I bought—I saw their carman deliver them from the van—some of them. I paid 32s. for, and afterwards got them reduced to 30s.—Olpin gave me an intimation that if I made any reduction, he could not supply them, because he only got 1s. out of them—I saw Bevington's carman deliver them every week.
Cross-examined by MR. BESLEY. Olpin sued me in the County Court tor 10l., but I did not owe it—he obtained judgment in my absence—the writ was served personally on me—he put the brokers in my house and got the worth of the goods—I owed him 3l. 15s., but he sued for a larger amount, and the expenses made 10l.—the fruits of the execution were much more than 1l. 16s.; they were under 5l.—I swore at the
police-court "I have bought goods of Olpin as low as 13s. and as high as 32s. 6d.—that is true with the exception of two dozen a week—I believe I said "I have bought goods at 8s. a dozen from him," but I should have corrected that if the depositions were read over—I asked before I signed them whether it was requisite for me to read them, and they said "No."
Re-examined. I was cross-examined at the police-court, and on my reexamination I explained my answers—if the jury want to know what I said, there it is.
WILLIAM BARRETT (Re-examined by MR. LILLEY). I recollect on one occasion when Peters was absent, Peek, the foreman of No. 7 department, coming up to the warehouse and taking skins out, but I do not remember how many—that was a frequent case—Peek often looked out goods when Peters and myself were not there—I know that, because when I came back the skins were gone—they were entered in the counter book.
The prisoners received good characters.
GUILTY OLPIN— Two Years' Imprisonment . PETERS— One Year's Imprisonment .
312. WILLIAM HENRY JACOBS was also tried at this Session (his case being removed from Folkestone under Palmer's Act) for feloniously procuring Albert Marks to steal three hams, the property of John sherwood . NOT GUILTY .