CENTRAL CRIMINAL COURT.
OWDEN, MAYOR. FIFTH 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, March 11th, 1878.
Before SIR THOMAS CHAMBERS, KNT., Q.C., Recorder.
MARY ANN WYATT . I am a widow, of 28, Church Street, Rotherhithe—I was present at St. Andrew's Church, Holborn, on 4th March, 1872, when my daughter was married to the prisoner—the banns had been previously published—this is the certificate of the marriage (read)—they lived together about three months afterwards; there was then a separation—since then I have seen the prisoner, but not spoken to him.
Cross-examined. The prisoner was not living at my house before his marriage—he was 16 years of age, but he deceived me as to that; he told me he was 20—he never slept at my house before his marriage—I don't know where he lived—I knew where his father lived—he was not living there—my daughter was pregnant before her marriage—I gave him money to keep him after his marriage, not before—I don't know that he was married without his father's consent—he did not warn me against the marriage; he did not say his son was under age, he said he was very young—he came to me with the Relieving Officer one Saturday, a week or two before the marriage, and he said whatever might occur he would not be answerable—I was not keeping the prisoner at that time—I went with him and my daughter to put up the banns, I forget whether I paid for it—my daughter was confined about six weeks after her marriage—after living with the prisoner three months she went away and lived with another man, and has been living with him ever since, and had children by him—she is not the prosecutrix—she is about 12 months older than the prisoner.
Re-examined. She left him because he did not use her right; he did not keep her, and I found he was very young.
him on 7th May, 1876, at St. James's Church, Bethnal Green—this is the certificate (read)—he told me that he was a married man, but that his wife was dead, and also two children, and that he had been a widower two years—I first heard a rumour of his wife being alive about 12 months after our marriage, and I said to him "William, have you got another wife alive?"—he said "No, my wife is dead; if you were to travel all round London you would not find another wife alive belonging to me"—I afterwards found out where his wife was, and in consequence of what she told me he was given into custody.
Cross-examined. I turned him out of the house about four months ago, because he did not maintain me or his child—I was not told by Wilson, a cabman, before I married him that he was a married man, or I would not have had him—I did not say if the first wife did not mind I did not care—his brother did not tell me he was married—I was a servant at the Express coffee-house before my marriage—I have drank with the prisoner since those proceedings, but not at his expense; he ran after me and spoke to me when he was out on bail—I did not say I would go back and live with him.
A witness stated that he had informed the prosecutrix before her marriage that the prisoner was a married man.
314. WILLIAM GEORGE GARROD (45), MARY ANN GARROD (55), and SARAH GARROD (80) , Stealing 12 forks, two spoons, and other plate, the property of Sir Thomas Sidney, Knt., the master of William George Garrod. MARY ANN GARROD also feloniously harbouring and assisting William George Garrod; also receiving. SARAH GARROD also receiving.
WILLIAM GEORGE GARROD PLEADED GUILTY also to two other indictments for stealing plate of his said master.—** Ten Years' Penal Servitude .
316. JOHN WILLIAMS (26) to stealing a box, 12 neckties, six scarves, and other goods, of the Great Western Railway Company, and to having been convicted in September, 1870, at this Court.—** Seven Years' Penal Servitude . [Pleaded guilty: See original trial image.] And
PECKETT PORTER . I live at Hilgay Fen, in Norfolk—on 17th December last I put five sovereigns in an envelope and directed it to the Bonus Tea Association—I gave it to my son to take to the railway station at Hilgay Fen.
Cross-examined by MR. BESLEY. I occasionally send money in the same way, perhaps once a month—I got a receipt.
Re-examined. I have not lost any money before.
ROBERT PORTER. I am the son of the last witness, and assist him in his business—on 18th December he gave me an envelope containing five sovereigns—I took it to the railway station at Hilgay Fen and gave it to the station master—it was addressed to the Bonus Tea Association.
Cross-examined. We get several similar parcels—we enter them as value parcels—there is no insurance under 10l.
JAMES TROWBRIDGE . I am a guard of the Great Eastern Railway—on 18th December I received a parcel addressed to the Bonus Tea Association, st. Martin's-le-Grande—I brought it to the junction and handed it to Rushbrook.
Cross-examined. I did not get a receipt—we should sign—I first heard about being called as a witness about a fortnight after—this is the waybill (produced),
ROBERT RUSHBROOK . I am a guard of the Great Eastern Railway Company—on 18th December Trowbridge gave me a value parcel addressed to the Bonus Tea Association—I Drought it to Liverpool Street and gave it to a porter named Saunders—this is the way-bill.
Cross-examined. "The Royal Post-office Bonus Tea Association" was on the envelope.
Cross-examined. I signed a receipt, so did the man I gave it to.
JOHN PEPPER . I am a carman of the Great Eastern Railway Company—on 18th December I took out a value parcel addressed to the Royal Post-office Tea Association, 62, St. Martin's-le-Grande, to a hair-dresser's shop—they refused to take it in because it was a money parcel—I took it back to our parcels office at Liverpool Street, according to our general instructions, and delivered it to the prisoner—I entered it in the "brought-back book"—the parcel shook like money in it—this entry in the "brought-back book," "Removed to Philpot Lane," is the prisoner's writing.
Cross-examined. Mr. Woodrow asked me about this, but Mr. Crittle did so first—Mr. Russell took down my statement—I remember telling Russell that Hulford wrapped it up and put it in the drawer with the money—I do not remember afterwards saying "I cannot be positive that he put it in his drawer"—Hulford was the only clerk there when I gave him the parcel.
JOHN CRITTLE . I am a clerk in the parcel office at Liverpool Street—it is the prisoner's duty to receive a parcel brought back and lock it up in the safe—I have a key as well as he—he did not hand it to me—I did not find it in the safe on the 19th.
Cross-examined. I went on duty at 6 o'clock, and the prisoner about
11 o'clock—my attention was called to this matter about a fortnight afterwards.
Cross-examined. The business is now carried on in Philpot Lane—a letter was received, it contained no money.
JAMES DALE . I am a carman of the Great Eastern Railway Company, at Liverpool Street—the prisoner is a clerk there—on 9th January I received certain parcels—they are entered in a sheet—this is the sheet—I received 1l. 3s. 1d. for carriage of goods referred to in this sheet—I paid it to the prisoner the same day and handed him the sheets at the some time.
Cross-examined. I should sign a book, but it was not there at the time—the prisoner said Crittle had taken it away.
JOHN GEORGE CRITTLE (Re-examined). The prisoner's duty was to collect the moneys received by the carmen—I remember settling with the prisoner on 12th February the delivery sheets, including two sheets of 9th January for 1l. 3s. 1d.—he did not account for the 1l. 3s. 1d.—he ought to have put it in the safe—on the 13th February he said "What about these sheets?"—I said "There are two sheets not accounted for, for 1l. 3s. 1d." and asked him if he knew anything about it—he said "I must have had the money, but I intended to pay it back."
Cross-examined. The prisoner paid a lot of money over to me between the 10th January and 12th February—I rectified the error in those sheets—they were pasted in their proper order in the book by the porter who does that work—the prisoner did not say he did not recollect the 1l. 3s. 1d.—I do not know that 3l. 5s. 6d. was due to him for wages.
THOMAS JOHN WOODROW . I am manager of the Parcels Department of the Great Eastern Railway at Liverpool Street where the prisoner is employed—on 12th February I saw the prisoner in consequence of information given to me and questioned him as to what had become of the 1l. 3s. 1d. of two delivery sheets—I spoke strongly and said he must know something about it—he said "I declare before my God that I know nothing of it"—on the following day he came to my office and handed me this piece of paper "Please sir can I speak a word privately with you?"—other clerks were in the office—I put on my hat, went out, asked the prisoner what he wanted—I had told him previously to see the clerk at the other side of the station about the sheets—he said "I have not seen him, but I admit I have had the money; I took the money. I hoped to pay it back again," but that he had not been able as he had been short of money—the clerks are not allowed to retain the Company's money—I do not know who pasted the sheets in the book—the prisoner would have the opportunity of doing so.
Cross-examined. No person has charge of the book—it is in the office day and night while porters and clerks are about—I never suggested that clerks sometimes keep the money some time before paying it over—I took no note of the conversation.
JOSEPH RUSSELL . I am an inspector of Metropolitan Police in the service of the Great Eastern Railway Company—on 13th February I apprehended the prisoner at his residence about 10 p.m.—I told him he was charged with stealing on the 9th of January 1l. 3s. 1d. which had been collected and handed to him by the carman Dale, and also for
stealing on 18th December a value parcel of five sovereigns consigned to the Bonus Tea Association in London which had been handed to him by the carman Dale and never accounted for—he made no reply—I took him to the station—on the way he said "I admit I took the 1l. 3s. 1d. but know nothing whatever about the 5l."—I reminded him of the entry in the book in his own handwriting—to that he made no answer.
Cross-examined. The carman Pepper did not say in my presence that the parcel was placed on the counter, then locked up in a drawer for two or three days before it was sent out again, and Mr. Bolls would know about it—Pepper told me the prisoner put it in his drawer.
JAMES PEPPER (Re-examined). I did not say the parcel was placed on the counter and locked up in a drawer for two or three days before it was sent out again—I said he picked it up and put it in a drawer—I did not say Bolls knew about it.
The prisoner received a good character.— NOT GUILTY .
NEW COURT.—Monday, March 11th, 1878.
Before Robert Malcolm Kerr, Esq.
319. FREDERICK TENNANT (20) PLEADED GUILTY to burglariously breaking and entering the dwelling-house of Cornelius de Coster and stealing therein £20.— Twelve Months' Imprisonment . 820. GEORGE WENN (22) to stealing in the dwelling-house of Moorman Ward, 12 cigars and other articles his property, and afterwards breaking out of the said dwelling-house.— Twelve Months' Imprisonment . [Pleaded guilty: See original trial image.]And
321. WALTER DE WINTON VAN (33) to four indictments for stealing jewellery, sealskin jackets, and other articles from certain hotels.— Five Years' Penal Servitude . [Pleaded guilty: See original trial image.]
MESSRS. CRAUFURD and LLOYD conducted the Prosecution.
ANN PARTRIDGE . My husband is a stationer, of North Bead, Highgate—on Saturday night, 23rd February, the prisoner came in for a penny newspaper and gave me a shilling—my husband took it up, and I told him it was bad—he said "I took it at the public-house"—my husband called the police.
WILLIAM PARTRIDGE . I found the prisoner in my shop and a bad shilling on the counter—he said that he took. it at a public-house—I took him out of the shop and Mr. Homewood took charge of him—I received another shilling from Childs and gave them both to the constable.
SPENCER HOMEWOOD . I am a baker, of Highgate—I received information from my wife and followed the prisoner from the Bull public-house—about 10 p.m. I spoke to Partridge, who went into his shop and brought the prisoner out and gave him into my charge—I gave him in custody I saw him throw something into the road about two doors from Mr. Partridge's, opposite Cuthbert the butcher's—I had seen the prisoner in the Bull that evening, he asked for some tobacco there, tendered a shilling, and was told it was bad—he said "Is not it a good one? I have got some more."
for it—he then had some tobacco and put down a shilling—I told him it was bad—he said "Here is another." and put it in his pocket again.
JAMES BRINDLE . I am a labourer, of Bell Green, Highgate—on Sunday morning, 24th February, I picked up nine shillings wrapped separately in paper, opposite Cuthbert the butcher's—I took them to the station and gave them to the Inspector.
ALFRED CHILDS . On this Saturday night, about 11 o'clock, I found a bad shilling lying by a paper by the side of the kerb, opposite Mr. Cuthbert's shop—I gave it to Mr. Partridge—it was after I saw the prisoner with the policeman.
GEORGE FRANCIS (Policeman 309 Y). I took the prisoner on the night of the 23rd February, a few doors from Mr. Partridge's shop—I found on him 24s. 8d. in good money and one bad shilling—Mr. Partridge gave me these two bad shillings—he was with Mr. Homewood.
ELLEN DELANEY . I keep an apple stall at St. John's Road, Clerkenwell—I know the prisoner as having given me two bad shillings seven or eight years ago, and on this night he gave me a bad sixpence for a pennyworth of chesnuts—I gave him the change and followed him, held him tight, and he was taken in custody, taken before a Magistrate, and discharged.
GEORGE SKINNER (Policeman G 126). On 27th December I took the prisoner for passing a bad sixpence to the last witness—he said "I have never been in for counterfeit coin before"—he was taken before a Magistrate and discharged—8s. and a florin were found on him, 8d. in bronze, some postage stamps, and a ticket-of-leave, but no bad money.
WILLIAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—these three shillings are bad; one is of 1871, one of 1873, and one of 1875—these nine shillings are all bad; four of them are of 1877 from the same mould, and five from the same mould of 1873.
He was further charged with a previous conviction of a like offence at this Court in January, 1873, when he was sentenced to five years' penal servitude, to which he PLEADED GUILTY.**— Ten Years' Penal Servitude .
MESSRS. CRAUFURD and LLOYD conducted the Prosecution.
DAVID CONNOR . I keep the Pioneer beerhouse, Laleham—on Monday, 6th August, the Bank Holiday, between 6 and 7 p.m., the prisoner came in with a man named Littlefield—the prisoner asked for a plate of ham and tendered me what I thought was a sovereign; he said that he would pay 10s. off his account; he called for a pot of ale—I gave him 9s. 6d. change, but recovered it as I found that the coin was light—I asked him where he got it—he said "From Mr. Hamilton"—I said "Will you come to Mr. Hamilton with me?"—he said "Yes," and came as far as the door and then ran away from the village—I have known him over six years, and he kept an account with me.
Prisoner. I was not there.
ANNIE HARRIS . My husband keeps the Three Horse Shoes, Laleham—on 6th August, between 2 and 3 o'clock, the prisoner came in for a glass of ale, and put down a coin like a sovereign—I turned it over and found "To Hanover" on the other side—I said "This is not a good
sovereign"—he said that it was given him in payment for wages, on Saturday night, by Mr. Hamilton, and would take it back to him—I took away the ale, but being busy and having no one in the bar, he got away taking the coin with him—I think this (produced) is the coin, but it was brighter then.
Prisoner. I never knew this woman till 4th December, when I was locked up, and on the 6th I was let go again. I had been in Laleham lots of times after 6th August, and nobody said anything to me about it. Witness. I did not know the prisoner before 6th August.
RICHARD FIELD . I am coachman to Mr. Saunders, of Laleham—on 6th August, the Bank Holiday, I was passing the Pioneer beer-house, and the prisoner asked me to go in and have a glass of ale—I went into the parlour and saw quantities of silver lying on the table—Mr. Connor said "This is a bad one"—the prisoner said that Mr. Hamilton gave it to him—I left before the prisoner—I went to my horses—I have not seen him since.
Prisoner. I never asked yon to have a glass of ale at my expense.
JOHN HAMILTON . I am bailiff to Lord Lucan—the prisoner was in my employment—on 4th August I paid him 1l. 9s. 4d.—I do not know how I paid him, but I drew the money from the bank—I did not give him this medal.
Prisoner. You paid me two half-sovereigns, nine shillings, and 4 1/2d.—I never had such a thing as that in my possession.
HENRY COOK (Policeman T 227). On 16th February I apprehended the prisoner on a warrant, and told him the charge—he said that be had never had such a coin in his possession to the best of his knowledge.
WILLIAM WEBSTER . This is a brass medal or whist-marker—it is inscribed on the reverse "To Hanover." and in the place of St. George on horseback is the Duke of Brunswick—a person might be deceived by it, but not if they saw the words "To Hanover."
The Prisoner's Statement before the Magistrate. "I was not in Laleham on 6th August."
Prisoner's Defence. I was in Weybridge for a day's pleasure—I started from Laleham at 9 o'clock and never returned till next day with my friend—there was a young man named William Sodlar in the same field with me.
GUILTY .** Recommended to mercy by the Jury, believing the practice of striking such medals to be highly reprehensible and a great temptation to persons in the prisoner's position. MR. WEBSTER stated that the practice had been going on for from 15 to 17 years. —Four Months' Imprisonment .
MR. HUMPHREYS conducted the Prosecution,
ASSENATH JOHNS . I am the wife of Louis Johns, of 32, Senior Street, Paddington—the prisoner and his wife lived in the house—on Wednesday, 6th February, between 8 and 9 p.m., Mrs. Edmunds called me three times—I went to her and she was bleeding violently from a severe wound on her chin—the prisoner was standing by her side—he said nothing, but ran upstairs and then ran down again and ran out of the house—he came back the next night and was given in custody.
CHARLES BROWN (Policeman 156 X). On the evening of 7th February I took the prisoner in Bishop's Road—I told him he would have to go to the station and he would be charged with assaulting his wife—he said "All right, that is where I intended to go"—on the road he said "If I get over this I will suffer death for her next time"—he appeared to have been drinking—the prosecutrix gave me this knife (produced.)
Cross-examined by the Prisoner. A stout woman accompanied you—she said "I did not intend to leave him, I intended to keep with him till I saw a policeman."
PLEASANCE ARNOLD EDMUNDS . I am the prisoner's wife—We lived at 32, Senior Street, Paddington—on 6th February, about 8.30, I went upstairs and he was lying down—he got up and followed me round the room—I was frightened of him and went downstairs to the street door and he took hold of my hair and drew a knife across my chin—I bled a great deal—he was not sober—I knocked at Mrs. Johns's door and asked her to come out.
Cross-examined. There were no words—I tried to take the knife from you after it was done, but not before—you did not ask me where I had been all night—it was not done by accident, because you came down to the street door and took hold of my head and drew the knife across—you did not accuse me of stopping out all night and say "My dear, you have broken my heart"—we have two children.
— EVANS. I am a surgeon, of 21, Westbourne Villas—on 26th February the prosecutrix was brought to me about 10 p.m. suffering from an incised wound on the chin, not down to the bone—she had lost a quantity of blood—she fainted after the wound was dressed.
Cross-examined. I do not think it likely to have been done by accident
WILLIAM THOMAS KING . I am the prisoner's cousin, and live at 78, Oxford Terrace—on this Wednesday morning I met him between 10 and 11 a.m.—he was very excited relating to a telegram which he had in his hand—I did not read it—he presumed that it was from a man of whom he felt very jealous and said that he intended to take two or three persons' advice—I advised him not to do anything rash—he came to my house that evening still more excited—he produced a knife and said that he had the instrument he meant to deal with—I took it away from him, and on my giving him a sovereign he left and promised me not to go near his wife, but to go and get work.
Cross-examined. You made a great many statements—I told you in the morning that you were either half drunk or mad, and you threw your hat on the pavement and kicked it—you are peculiar tempered and very violent if anything offends you.
The Prisoner's Statement before the Magistrate. "What my wife has said is untrue." She did it herself. I said, 'I'll go to Mr. Rayner's and inquire where you've been to all night,' as she told me on the previous day, when she came home in the afternoon, that she was going to take two young ladies to the Kensington Museum and then go to Hengler's in the evening. I helped dress her, put on a clean chemise. She washed herself right down to the bottom, and I rubbed her back perfectly dry. She said, 'I can never get it done like that unless you're at home.' I said, 'Anything else can I do for you.' She said, 'I wish you would go and fetch a drop of beer.' She gave me some money to get some porter. I fetched the porter and had half a pint myself. I
went with her as far as the Royal Oak, and she asked me whether I would go in, and I declined and said I could not afford it. I said, 'Very well, what time shall you be home.' She said, 'Nine o'clock to a minute.' She didn't come home at nine, and I was anxiously waiting up all night for her. I laid down on the bed about five o'clock, and got up about seven and cut off a piece of bread and meat and went out with the knife eating it. That's how I came with the knife all day. When I came home at night she was at home. When I took the knife from my pocket she tried to take it from me, and said she did cut herself so that she could give me in charge, as she had heard I had been inquiring where she had been. So she did cut herself, and then called Mrs. Johns.
GUILTY of Unlawfully Wounding . Recommended to mercy by the Jury,—Eighteen Months' Imprisonment ,
MR. A. METCALFE conducted the Prosecution.
DAVID CLARKE . I am a plumber, of 10, Church Road, Chelsea—on 4th March I had a bank book of the National Penny Bank in my pocket—I made the prisoner's acquaintance that day in a lodging house, and missed the book about 4 o'clock or a quarter past, and have never seen it since—I went to stop the payment and was shown my name is a book which was not my signature.
Cross-examined by the Prisoner. I engaged you to go with me to the lodging where my bank book was left for safety—we had been to two butcher's shops before that and to a grocer's—I was to give you two shillings—we did not go to a public-house—you were with me when I received my bank book and put it into this pocket; I afterwards changed it into my trousers pocket, and we went to Kensington and met a party there—I did not lose the book in a house there but in the street—1 did not pull it out with my handkerchief, I had no handkerchief—I changed the book from my outside pocket to my inside pocket, as I had to go up a ladder—I lost you in High Street, Kensington—we went into no public-house—I was never in the Admiral Keppel.
Prisoner. He gave me the book when he was drunk and told me I could go and draw £2 in the name of David Clarke.
Re-examined. I was not drunk—I did not give him authority to sign my name or to draw £2 out of the bank.
WILLIAM HENRY FAIRCLOUGH . I am a clerk in the National Penny Bank, Marlborough Road, Chelsea—the prosecutor had an account there—on Monday, 4th March, about 6.40, the prisoner came and showed me a depositor's book in the name of David Clarke—he said that it was his own and he wanted to draw out all the money, which was £2—the clerk asked him if the book was his own; he said "Yes," and the clerk handed the book to me—I asked him his name, he said "George" and then "William Clark"—I handed him the depositors' withdrawal book—he signed it David Clarke—we compared it with the depositor's signature book—it did not agree and we asked him to account for the difference—he said that he was drunk when he signed the signature book—we refused to pay the money and he went away saying that if we lived by other people's money we should not by him—he took the book with him—he came back in ten minutes or a quarter of an hour and asked if we
would pay him £1 of the money—we refused until he could bring a respectable witness to identify him—shortly afterwards Clarke came in and stopped the book—I showed him the prisoner's signature.
WILLIAM BIBBEY (Detective B). On 4th March, about 7.30, I met Clarke in Marlborough Road, and went with him to the National Penny Bank and from there to 10, Church Road, where I saw the prisoner in the kitchen with a number of others—I called him out and told him he would be charged with stealing a bank book from the prosecutor's person and endeavouring to obtain the money from the bank—he said that he knew nothing about it—I took him to the station—I have not found the book.
GUILTY .— Twelve Months' Imprisonment .
OLD COURT.—Tuesday, March 12th, 1878.
Before Mr. Recorder.
MR. PURCELL conducted the Prosecution; and MR. BESLEY the Defence.
CHARLES JAMES RICHARD TIJOU . I am clerk to the Registrar of the Bow County Court—I produce the proceedings in an action of Jones v. Sollett—the defendant appeared and admitted the debt—a judgment summons eventually issued, and an order of committal was afterwards made, but suspended for a fortnight—I produce an affidavit made subsequent to that order—I received it from the defendant. (This was dated 17th December, 1877, in which he stated that his affairs were in course of liquidation by arrangement, and that the debt in respect of which the above order was given, was included in the statement submitted by him to his creditors, filed on 18th August, 1876). The debt in question was 6l. 6s, 3d. with costs 8l. 19s. 3d.
ALFRED LOVE . I am a clerk in the London Bankruptcy Court—I produce the proceedings under the liquidation of John Henry Sollett—in the statement by the debtor I find no claim by Mr. W. J. Jones for 6l. 6s, 3d, on an I O U—here is a claim by Jones for 28l.
WARD JAMES JONES . I live at 242, Burdett Road—prior to 18761 had some transactions with the defendant—at the time he filed his petition he owed me 29l. odd; I proved that against him in liquidation—when the arrangement was made 1 received five promissory notes, each for half-a-crown in the pound, making a total of 12s. 6d. in the pound, which were to be payable from 28th December, 1876, at three, six, nine, twelve, and fifteen mouths—two of them were due when I instituted these proceedings and were dishonoured—two became due subsequently and were dishonoured, and one is not due yet—before I received those notes, on 18th October, 1876, I gave the prisoner 6l. 6s. 3d. on this I O U—that was not paid and I commenced proceedings in the Bow County Court.
Cross-examined. I am not personally aware that the trustee had an assignment to take possession of the property in the event of a failure to make the payments—the property was disposed of by private contract—the 6l. 6s. 3d. was lent before I received the promissory notes, but some months after the prisoner had filed his petition—I received one buhl cabinet from the prisoner before he gave me the I O U; that was off
the old debt; it was worth 3l.—he afterwards let me have two more cabinets, valued at 4l. 10s.—there was no arrangement that he was to give credit for the difference between the price of the cabinets and the first promissory note—the first cabinet was given me as an instalment of the amount I had proved against him in liquidation—I have not made any offer of compromise with the defendant since I was bound over to prosecute—at the Guildhall police-court he asked me to make some settlement instead of bringing it into Court, as he did not wish it to appear in the papers—I said I had no wish to prosecute him, but he compelled me to do so, and I finally offered to take a harmonium which he had, which was worth about 25l., as security for the debt, and return it when it was paid or take it as a settlement of the claim—the matter was dismissed by the Alderman on some technical point.
NOT GUILTY .
MR. DAVIS conducted the Prosecution.
CHARLES EXALL . I am a costermonger, of 9, Turk's Road, Chelses—on Saturday, 24th February, I was passing by the corner of Commercial Road, coming towards home—I saw a mob of people; the prisoner was among them, he had his guernsey off, and was going to fight with some other man—I said to him "Don't fight, I think you are the worse for drink"—he turned round and said "You have nothing at all to do with me"—he shoved me and I shoved him, a constable came up and separated us, and he and the chaps he was with went away—I went on about 150 yards, and saw him standing in-the middle of the mob—I stood looking at him; I had hardly time to do so before he rushed at me and struck me in the breast as if he was going to punch me—I did not see anything in his hand—I felt the blow, and cried out "He has stabbed me"—I went to the station-house and then to the hospital—I felt the knife go out of me—I have on the same guernsey now; there is the hole in it, and in the waistcoat also.
DANIEL SIMMONDS . I live at 9, Marlborough Street, Chelsea-—about half-past 12 on the night of 24th February I saw the prisoner and prosecutor fighting—they were closing on one another and fell to the ground—a policeman came up and separated them—I saw them five or six minutes afterwards and saw the prisoner strike Exall in the breast, who cried out that he was stabbed—I saw the knife hanging from the prisoner's lanyard and swinging in front of him—I broke it off and produce it—it was open—the prisoner was very drunk.
PHILIP LEE . I am a brazier, of 10, Park Place, Chelsea—on Sunday morning, 24th, I saw the prisoner and prosecutor having a struggle—the constable separated them—I went across the road along with Exall and five or six others, about 150 yards, and I saw the prisoner turn on Exall and put up his hands as if to fight, and I saw him strike Exall in the left breast as I thought with his fist—Exall said "I am stabbed"—I saw something in the prisoner's hand—I closed with him and called on Simmonds, who came and took the knife away from him—I took Exall to St. George's Hospital—the prisoner was very drunk.
were fighting—amongst them were Exall and the prisoner—I separated them and dispersed the mob—in about five minutes I heard a man exclaim "I am stabbed"—on running to the spot I found Exall holding his hand to his left breast—he said he had been stabbed by a sailor—the prisoner was there—I saw nothing in his hand—Simmonds handed me this knife—it was closed—the prisoner said "It was a return blow, Exall struck me first"—he was drunk—Exall is a drunken, disorderly character—he has been convicted several times.
HERBERT TIDSWELL . I was house-surgeon at St. George's Hospital when Exall was brought there on the morning of the 24th—I examined him—he was suffering from an incised wound about an inch long over the left breast—it was in a dangerous place, and if it had been deeper it would have been very dangerous—I did not probe it much—he was rather faint from the shock—he was in the hospital six days; when he was discharged the wound was all but healed and he seemed in good health—a knife like this would be likely to inflict such a wound.
Prisoner's Defence. I was going home on Saturday night about half-past 12. I met another sailor. There were a lot of chaps standing in the King's Road. They stopped me. They saw I was top-heavy. They began insulting me and pulling me about. Exall pulled me about. We fell in the road, and that is all I remember about it.
GUILTYof Unlawfully Wounding .—Six Months' Imprisonment .
MR. J. P. GRAIN conducted the Prosecution; and MR. LEDBURY the Defence.
CHARLES HENRY GROVES . I am assistant to Messrs. Gask and Gask, silk mercers, Oxford Street—on 11th February the prisoner came to my department and selected some goods—she came again on the 12th and made a further selection—on the 13th she came again and made another selection—she gave her name and address as Mrs. Keech, 19, Albany Street, Regent's Park—on the last occasion she requested me to give her an invoice of the total purchases she had made and she would give a cheque on the London and Westminster Bank in payment—she said the goods were to be sent at seven that evening to 19, Albany Street—they were sent by Mr. Thomas, the chief clerk.
Cross-examined. I have been two years at Messrs Gask's—I never remember the prisoner coming there before—the first parcel of goods was sent on approval and returned for alteration—she said the goods would be paid for on delivery.
BENJAMIN THOMAS . I am chief clerk to Messrs. Gask and Gask—on 13th of February I received a communication from Mr. Groves, in consequence of which I took a parcel of goods to 19, Albany Street—I there saw the prisoner—I never saw her before—she had no credit at our place—she asked me to undo the parcels to compare the goods with the invoice she had, which I did—she said "It is all right, I will give you
a cheque"—she took a piece of paper and wrote this cheque (produced)—she said "My uncle Roper left me 6,000l. in the London and Westminster Bank"—I said "Then there will be no doubt about the payment"—she said "Oh, no"—at the time I took the cheque I believed it would be honoured, or I would not have taken it—the goods were sold for ready money—we gave her no credit—I would not have left the goods without the money, or what represented money—I went next morning to the Temple Bar Branch of the London and Westminster Bank two or three minutes after 9.30 and presented the cheque, and the manager wrote on it "No account"—I then went on to Albany Street, about 10.5, and the prisoner had gone and taken the goods with her, half an hour before.
Cross-examined. The cheque is drawn on the London and Westminster Banking Company and has no date—I did not notice that at the time or I would not have taken it—I expected it to be cashed—I saw her solicitor after she had gone away—I did not say that the only thing I wanted was the money or the goods back—I said I wanted information as to where she was.
ANDREW BEER . I am a clerk in the Temple Bar branch of the London and Westminster Bank—I do not know the prisoner—she has no account at our bank or any authority to draw on it—she had no money there at any time.
Cross-examined. I should not have paid such a cheque as this even if the drawer had an account with us—we should not refuse it because it is called a Banking Company, but because there is no date to it—we are agents for the Wilts and Dorset Bank, at Ilminster—we have received no cheque from there on the prisoner's account, or any advice.
EDWARD FISHER (Detective E). I traced the prisoner to several places and ultimately to Ilminster in Somerset on the morning of the 20th, I read the warrant, when she said she was very sorry, she hoped Mr. Gask would look over the matter and she would be able to pay him.
Cross-examined. I made inquiries at Ilminster—I found that the prisoner is a native of Somersetshire—she did sot say anything about the cheque.
GUILTY .— Six Months' Imprisonment .
NEW COURT.—Tuesday, March 12th, 1878.
Before Robert Malcolm Kerr, Esq.
333. NATHANIEL MONTGOMERY (28) to burglariously breaking and entering the dwelling-house of Elizabeth Jane Bynoe, and stealing therein five trinkets and £80 in money, her property.— Five Years' Penal Servitude . [Pleaded guilty: See original trial image.]
MR. GRAIN conducted the Prosecution; MR. MONTEFIORE appeared for Willow and MR. COLE for Parrott.
Cross-examined by MR. MONTEFIORE. They all went in one cart and all had the same mark, but there was a break in the numbers—I recognise this one as No. 626 without the slightest doubt.
GEORGE MANGLES . I am a carman to Pickford and Co.—on 1st February I went to Nicholson's Wharf and loaded 48 chests of tea—I should not know the mark again—when I got to Broad Street there were only 47—one had been taken from the tail of the van—this is it.
Cross-examined by MR. MONTEFIORE. I counted 48, and when I unloaded them I missed one from the flap of the ran, but not till I was told by the head horse-boy.
Cross-examined by Phillips. I did not see you near the van—the boy jumped down and went to the horses' heads, but the Tower boy was following the van.
Re-examined. We stopped to put on an extra horse—there were eight chests on the tail board.
ENOCH EMERY (City Detective). On 1st February, about a quarter to 5, I was in King William Street with Wolsey, another officer, and saw Phillips wheeling a truck with a chest of tea; Willow walked beside him through Prince's Street and Moorgate Street into Moorfields, where Willow began to wheel the truck—before that I saw Parrott in Moorgate Street; he walked on the pavement behind the other two as far as Moorgate Station, they then turned to the left to Moorfields—I went up to Willow and asked him where he got the tea from; he said "I suppose from Tooley Street"—Phillips said "I know nothing about it"—I said "Where are you going to take it?"—he said "To St. Luke's Church, Old Street; we are going to meet a man, we do not know his name"—Willow refused his address; Phillips gave his, and I found that his mother lived there.
Cross-examined hy MR. MONTEFIORE. I had seen the prisoners before—Willow seemed surprised when I took him.
Phillips's Defence. There is no evidence that I stole the tea; we were hired to take it to St. Luke's Church, but the detectives stopped us on the way, and would not come with us to the journey's end, or they could have taken the guilty man.
WILLOW and PHILLIPS— GUILTY . PARROTT— NOT GUILTY .
The same Counsel appeared.
ALFRED ROWLAND . I am a van-guard boy in the employ of the Great Eastern Railway Company—I was with Matthews, a carman, when he collected a parcel from Chaffey's, in Aldermanbury, and while he was inside another house Willow came up with two halfpence in his hand and said "Will you go and get me a pennyworth of tobacco?"—I said "No," and asked if he could not get it himself—he said that he did not like to go into a beer shop for a pennyworth of tobacco—he passed the horses' heads—a woman told me something and I missed the parcel which had been collected from Chaffey's.
Cross-examined by MR. MONTEFIORE. Willow went round by the horses' heads, hut I did not see him do anything—I was taking the nose-bags off when the woman came up to me.
MARY ANN HOPKINS . I live at 7, Duke Street, Aldgate—on 29th January I saw the prisoners in Fore Street—Parrot took a parcel from a Great Eastern Railway van and put it in a barrow which Phillips had got a little way from the tail-board—Phillips wheeled it away towards Red Cross Street—when it was put in the barrow Willow came from the horses' heads and joined them, and they all went towards the Borough.
Cross-examined by MR. MONTEFIORE. I did not see Willow till he came from the horses' heads.
Cross-examined by MR. COLE. I was taken to see Parrott in the yard—there were a lot of men in a row and I picked him out.
PARROTT was further charged with a previous conviction at Clerkenwell, in January 1876, to which he PLEADED GUILTY.— Seven Years' Penal Servitude .
WILLOW* and PHILLIPS— Five Years' Penal Servitude each .
336. HENRY COX (19) and WILLIAM HOWARD (19) , Burglariously breaking and entering the dwelling-house of John Hall, and stealing therein two rings and other articles, and 61l. 10s. in money, his property. Second Count—Feloniously receiving the same.
MR. TICKELL conducted the Prosecution; and MR. CROOM defended Howard.
JOHN HALL . I am a grocer, of 24, Shepherd Street, Mayfair—Cox was my porter in October and November last, and one morning in November, at 2.30, I was awoke by the police being in possession of the premises—I found the house had been broken open; the safe was open and 1 missed the cashbox, containing watches, rings, and other things, and 61l. 10s. in cash—I also missed nine shillings in copper coin which was in a paper parcel in the office, and a shilling's worth which was on the shelf for change next morning—when Cox was in my service he knew about the management of the shop, and that a spill 2 feet 6 inches long and a box of matches were kept there, and when I found the spill it was only a few inches long—it would only be known to a person who knew the premises.
JOHN ROBINSON (Detective). On 29th January I saw Cox in the Edgware Road; he ran away, I followed him into a stable and said "What did you run away for?"—he said I thought you wanted me for that housebreaking job in Mayfair, but Howard and Williams know more about it; we changed the notes at Wolf's, the tailors, in the Edgware Road, and sold the watches in Petticoat Lane.
HENRY GOSLING . I am a porter, of 1, Queen's Terrace, Edgware Road—I know Howard—I had just returned from Wales, and on 7th December I went into Shade's public-house, in Nutford Place, and saw Howard there—he had on a new suit of clothes—I asked him if he had been at work—he said said no, and that his aunt had died and left him 20l. or 30l.—I saw him again soon after, and he had 1l. 10s. in gold, some silver, and coppers—I asked him if he had seen Williams—he said he had let Williams through the grating outside Hall's shop, and they took the contents of the cash-box; but Cox was there and was frightened and went away, and they met him at 3 o'clock next morning; that they took out the contents of the cash-box, broke the box up, and threw it over Park Lane and changed a 5l. note for the clothes he was then wearing; that he had been to Bath and Bristol, and met a gentleman in a train who was going to buy the cheque of him which came from Mr. Hall's, and that the watches were sold down Petticoat Lane—he made those statements on the 6th, 7th, and 9th; and on the 10th I went to Mr. Hall.
Cross-examined by MR. CROOM. I have been employed at Mr. Webb's between six weeks and two months—I had come from Wales on 6th December, where I had been three weeks—I was only out of employ one day—Williams has been a companion of mine, and so has Charles Buck, but not constantly—I have no reason for fixing the 9th as the day I met Howard—I do not know of a reward being offered—Howard and I quarrelled before I went to Wales.
CHARLES BUCK . I am a porter when I am in a situation—I live at 23, York Street—I went to school with Howard—about the 8th December three or four of us were together, and Howard came up with a new suit of clothes on and a watch and chain—I asked him where he had been to—he said "In the country to Bath and Bristol"—I said "I suppose you have been doing work there?" he said "No, my aunt died and left me some money"—he afterwards said "I did not want to let them know, but I done my aunt of her purse with between 20l. and 30l. in it"—I afterwards saw him without the watch and chain, and he said that he had pawned it—I said "Have you spent the money you had from your aunt?" he said "That was all kid; me, Cox, and Williams did a job in Mayfair; I let Williams through a grating; he got through and up some steps into the parlour and got the cashbox, which contained about 30l. in hard cash, 20l. in notes, a cheque for 10l., one for 1l. odd, three watches and some old jewellery; we broke open the cashbox and threw it over the railings in Park Lane; Cox ran away and we did not see him till, next morning, but we shared the money with him when we met him; the watches we sold, and we changed two of the notes at Mr. Woolf's in Edgware Road and tore the cheques up"—I communicated with Gosling—Howard said "The note (or 'notes') we endorsed ' Wm. Jones, 21, Duke Street, Oxford Street."
Cross-examined. I am not in employ at present; this case has kept me out of employ a month—I was out of employ in December—I have not known Gosling long—I did not go to Mr. Hall and tell him anything—I had no share of the money, but I drank with Howard—I have trusted to my memory for the conversations—I told Gosling what Howard told me, but we only talked it over once—we have not compared notes of what we were going to say.
Re-examined. I should have communicated with the police had it not been for Gosling.
Cox's Defence. I met Williams, who said "I am going to break into Mr. Hall's house to-night, will you accompany me?" I said "I cannot say, as I am going to my mother's." He said "You had better come." On Tuesday night I went to my mother's and met Howard and Williams. I went straight home and they came to me between 6 and 7 on Wednesday morning and brought the money, and said "There is some for you," and I took it. I asked how he got in; he said "I went through the little room and I took the box and broke it open and threw it into the Green Park." I never saw the contents of the box, and Howard knows that very well.
COX— GUILTY of Receiving > . HOWARD— GUILTY . *— Twelve Months' Imprisonment each .
MR. MILLWOOD conducted the Prosecution.
GEORGE HILL . I am a photographer, of 205, City Road—on 21st Feb. about 9 p.m., I was in East Road, the prisoner came across me, took a medal and chain out of my pocket, hit me in the face and knocked me down—I was stunned and could not see him—I cannot identify him, but I saw the man turn the corner with the medal and chain in his hand—I have not seen them again.
WILLIAM POPE (Policeman 117 N). On the night of 21st February the prisoner and three men were pointed out to me in East Road, they all ran away—I ran after the prisoner, took him in a coffee-shop, and charged him with assaulting George Hill—he said he had not seen him and had been at work till 7 o'clock.
Cross-examined by the Prisoner. You said that you had been at work for John Waterlow, of Finsbury Square, which was false.
Cross-examined. I was in the middle of the road—I went to the police-station.
Cross-examined. I was on the same side as the gentleman and about a yard from him when you struck him—I have not made a mistake, it being rather dark.
Prisoner's Defence. It being rather dark at 9.30, don't you think they are rather liable to be mistaken in identifying me? If they are speaking the truth, why did not they come forward at the police-court and give their evidence? I gave a correct name and address, and my mother and sister came.
NOT GUILTY .
Antony Ducatel and stealing therein a quantity of paper, his property, to which MICHAEL and DAVID FRIEND PLEADED GUILTY .— Twelve Months' Imprisonment each .
MR. A. B. KELLY conducted the Prosecution; and MR. COLE defended Hawkins.
GEORGE ERIE . I am a jobber, of 5, Fox Court—I discovered a fire at Mr. Ducatel's on Saturday, 9th February, between 6 and 7 p.m.—I saw the two Friends at the premises between 2 and 3 o'clock—I saw one of them get in through the window into Mr. Ducatel's house and take four packages of paper and then two sacks full and part of another, out at the door—they each took one packet at a time, and they fetched a barrow and took the sacks away on it.
JOHN ANTONY DUCATEL . I am a bookbinder, of 4, Hand Court—I closed my premises on this Saturday at 1.15—I saw some of this paper about four days before, in a cellar in the basement where the fire took place, and the other was in my workshop the same day—the value of the whole is 18l.—I afterwards saw at the station four packages containing 6,000 of these publications, besides these in the two bags—they had been entrusted to me by my customers.
Cross-examined. I do not know Hawkins's father.
CHARLES BUTCHER (Detective). On 11th February I went to Hawkins's shop, 75, Castle Street; he is a waste paper dealer—I told him I was a detective officer and should apprehend him for buying a quantity of paper on Saturday afternoon from two lads, well knowing it to be stolen—he said "I did not know it was stolen"—I said "I should think you must have known it"—he said that he did not know it, but that he might have thought so—I pointed to four large bundles of books and some sacks of paper shavings—he said that he had not bought them as he had not paid for them, and they were coming that morning at 10 o'clock for the money—Michael Friend, who was in custody, said to Hawkins "You knew it was stolen as well as we did"—Hawkins made no reply—the property was exposed in the shop, anybody going in could see it, the door was blocked up with it. HAWKINS— NOT GUILTY .
339. THOMAS HOLDEN (31), BUTLER FROST (43), and WILLIAM MOORE (49) , Stealing 80 pairs of black kid gloves and a large quantity of other gloves, the property of Edward Fownes and Co. HOLDEN PLEADED GUILTYto stealing nine pairs only.
MESSRS. CANTY and TORR conducted the Prosecution; MR. COLE appeared for Frost, and MR. KELLY for Moore.
WILLIAM INWARD (Detective). On 29th January Westwood and I began watching the prisoners in the morning and saw Holden and another man outside the Throe Crowns, Old Jewry—I went inside and Holden and Dow came in and drank (Dow has been discharged)—they went out and Frost joined them—they had a truck there—Holden and Frost went in again and had some beer with Dow and came out and went away—I followed Frost to the Guildhall Tap, Guildhall Yard—he went in and joined Moore—they had some conversation and drank together, and Frost came out—on Wednesday, the 30th, I saw Moore and Frost at the Guildhall Tap in the morning, and in the evening at the Poulterers' Arms, Cheapside—I was with Westwood on the 31st, and saw Holden and another man in the Old Jewry with a trolly and some baskets—Holden
went into a public-house and came out with Frost—Holden took these gloves from his inside breast pocket and gave them to Frost, who put them in his coat tail pocket—they have been shown to Mr. Rigden, who identifies them—they had some drink and came out and separated—I followed Frost to Guildhall Tap, where he joined Moore—I went in—Frost spoke to Moore about a minute and came out—Moore avoided him—1 followed Frost to Gresham Street, stopped him, told him I was a detective, and said, "What was that small parcel you took from a man in the Old Jewry?"—he said "Oh, I suppose you mean a few gloves," producing the parcel—I asked him if he knew where it came from—he said "I suppose you know all about it"—he was taken to the station, and on the way he took from his pocket a small paper parcel containing these two silk scarves, handed it to Westwood, and said "Here, you may as well have these too, they were given to me by Mr. Whiteman," I think the name was—on Saturday, 2nd February, about 7 p.m., I saw Moore in the Commercial Road—I told him I was a detective and should take him for receiving a quantity of gloves knowing them to be stolen—he said "That is quite right, but I did not know they were stolen—I bought them; I am a job lot buyer"—I asked him if he had any invoice-—he said "No, we don't have invoices for small job lots"—on the way to the station he said "I read this case in the paper; you don't think if I had done anything wrong I should have been in London, I should have been in the country now"—a list was produced at the station of the different pledges at the pawnbrokers '—he said "That is quite right; I pledged them, that is my name and address"—I said "Have you the duplicates?"—he said "No"—I said "Where are they?"—he said "I gave them to the gentleman I had the gloves from"—I said "Who is he?"—he said "I don't know, all I know is he is a commercial traveller and came from Birmingham"—I watched Moore and saw him every day except Sunday, during which time he was constantly in the neighbourhood of warehouses round Guildhall and near the Bell, Gresham Street, and the Poulterers' Arms, Honey Lane Market.
Cross-examined by MR. KELLY. Those are all streets in which warehousemen live—I saw no gloves in Moore's possession.
Cross-examined by MR. COLE. I said at the police-court "The prisoner Frost has been in the employ of Mr. Bateman 18 years; I have been informed that he has a small haberdashery business of his own"—I also said "I have heard that Moore has resided 13 years in his present house."
Re-examined. I saw no money pass from Frost to Holden, and heard nothing said.
GEORGE WESTWOOD (Detective). I was with Inward on 29th, 30th, and 31st January watching the prisoners—I took Dow, who has been discharged—I saw Moore and Frost together several times near the Tap and the Bell, and also inside, they spent the whole of their time inside or outside those public-houses.
Cross-examined by MR. COLE. I have seen Mr. Bateman, an agent, of 15, King Street, Cheapside; his is a very respectable firm.
— FRY. I am a pawnbroker, of 16 and 17, Whitechapel Road—I prodmce 30 pairs of black kid gloves with the name "Fownes" on some of the buttons pawned by Moore on 28th August, 1877, for 30s.,
and 13 pairs of coloured gloves pawned on 19th January, and 11 pairs on 24th January, to which my foreman will speak.
Cross-examined by MR. KELLY. I have known Moore 20 years—he is a general dealer and has been in the habit of pawning goods and redeeming them again—he used his own name and gave his correct address—job lots may be parts of dozens and are not necessarily damaged.
Re-examined. I do not know anything about the glove trade.
Cross-examined by MR. KELLY. They were pledged in his own name and address.
WILLIAM GARDNER RIGDEN . I am a partner in the firm of Fownes Brothers, glove manufacturers, of Gresham Street—we removed from Cheapside on 24th June—Holden was our porter—we keep the selling stock in one room and the reserve stock in another—Holden swept out the selling stock room every morning—the best quality gloves are stamped in black ink with our name in the inside—that is put on after sale and before being banded up for delivery, and there is a manufacturing mark in blue ink—we do not stamp gloves of inferior quality—our name is always on the buttons of first quality gloves, but not always on the second quality—these 11 pairs are our gloves and have been stolen, and these 13 pairs also—they have our buttons on them with our name—they are the best quality—if they had been sold they would be stamped on the inside—these 30 pairs and 18 pairs of black kid are of inferior quality, but none of them bear our name on the buttons—they are our manufacture—I identify them by the fastenings and by the sewing—they are sewn in Worcestershire and are sewn much finer than in any part of the kingdom or France—these 18 pairs are our manufacture—these 9 pairs are our best quality and have not been sold—they are worth about 4s. a pair, or 3s. 6d. wholesale—the 30 pairs are worth 40s. a dozen and the 18 pairs the same.
FROST and MOORE received good characters. FROST and HOLDEN— GUILTY .— Five Years each in Penal Servitude . MOORE— NOT GUILTY .
OLD COURT.—Wednesday, March 13th, 1878.
Before Baron Huddleston.
The Prisoner was also charged on the Coroner's Inquisition with the wilful murder of the child, but the Grand Jury having ignored the bill, MR. PURCELL, for the Prosecution, offered no evidence on the Inquisition.
MESSRS. POLAND and STRAIGHT conducted the Prosecution; and MR. ST. AUBYN the Defence,
JAMES DUGGAN . I live at 105, Regency Street, Westminster—on Thursday, 24th January, about 6.30, I was walking with my father, Michael Duggan, at the top of Lupus Street, about 12 or 13 yards from the Stanley Arms—my father was sober and able to walk—he was not deaf—he was 52 years of age—we had crossed three parts of the road,
when I saw a cab come from Effingham Street—it was coming fast, I could not tell the rate—the horse seemed to go at a very furious rate—as soon as I saw it I halloed out to my father—before I had time to get out of the road the horse kicked me in the leg and I fell backward in the road, and the wheel went over my stomach—after the cab went over me I turned and saw my father 3 or 4 yards away from me—I halloed "Murder"—some people came and lifted me up and put me on a doorstep—there was another cab behind the one that ran over me—I spoke to that cabman; he did not drive after the other, he went in the other direction—I did not hear any one call out before I was knocked down—the horse was about a yard from me when I first saw it; the driver could see us perfectly well, there was a very good light from the public-house—we were taken to the hospital—I left the hospital that evening, I left my father there, he was insensible; he died on the 29th, Tuesday—I did not see the driver's face, only his back—the prisoner appears to be about the size of the man.
WILLIAM MORLEY (Policeman B 143). On Thursday, 24th January, about 6.30, I was on duty at the end of Lupus Street—I saw a crowd there, and saw the deceased lying on his back in the road, about 2 yards from the kerb, bleeding from the head; he appeared to be insensible—the son was sitting on a doorstep, he made some statement to me—I put them in a cab to take them to the hospital, and some one threw this hat in the cab—I saw it tried on the prisoner before the Magistrate.
JOSEPH ASBURY . I am 10 years old next birthday, and live with my parents at 19, Effingham Street—I did not see the men knocked down, I neared the man who was knocked down halloa out "Oh"—at that time I saw the prisoner driving a Hansom cab—I saw his hat fall off; this is his hat—I know the prisoner very well, he lives next door to us—after his hat fell off he turned round the corner of Lupus Street—I had before that seen his cab standing at the comer of 21, Effingham Street—there was another cab standing in front of the Stanley public-house.
Cross-examined. I could not say which man it was that called out "Oh"—I am sure the prisoner drove down Lupus Street—I did not say before the Magistrate "I saw his face when he drew up at the Stanley public-house, that was after the man was hurt"—he pulled up there before—I was playing in the road with a lot of boys—I did not say anything about what I had seen to any policeman or anybody else—I heard that young Jarvis had been taken up on this charge—Shellock and Bull said that he had run over a man.
GEORGE BULL . I am 12 years of age, and live at 19, Effingham Street with my father and mother—on Thursday night, 24th January, I was playing about with some other boys at the corner of Effingham Street by the Stanley public-house—little Asbury was one of us—I saw Duggan and his father after they had been run over at the corner of Effingham Street and Lupus Street—I saw two Hansom cabs by the Stanley; one of them went towards 21, Effingham Street; it stopped there and the cabman got down; he got up on the cab again and drove towards the Stanley, and after the men were run over the cab went straight up Sussex Street—the prisoner was the driver—I knew him before, I have seen him a great many times, I have known him by sight about two years—he was driving very fast—I heard the cry out "Oh," and I directly ran over the road and saw one in the road and one on the doorstep, and the cab was just going
up Sussex Street—the other cab was behind the prisoner's cab, it came from the Stanley.
Cross-examined. I gave this evidence on 6th February, a fortnight after the accident—Lupus Street turns to the right—Sussex Street is straight on—I am quite sure that the cab that ran over the men went up Sussex Street, I am quite sure he did not drive down Lupus Street—I was asked by Inspector Knight, and Buckstone the detective, whether it was not young Jarvis who ran over the man, and I said "Yes;" that was the first I said about it—I had said something about it to Shellock and Asbury.
By the COURT. What Knight asked me was whether I knew who it was that had done it, and I said it was Jarvis—he did not mention Jarvis's name to me—I saw the hat fall off—the man's hat; it was something in the shape of this one—it fell off just as I heard the cry, after the men had been run over.
ELIZABETH SHELLOCK . I am 11 years of age and live at 4, Effingham Street—on the evening when the two men were knocked down I saw a Hansom cab standing at No. 21; I saw it go past our door; the prisoner was driving it—it was going very fast—it knocked the men down and ran over them—I knew the prisoner by sight and knew where he lived—I was examined at the police-court on 6th February—Inspector Knight came to me—I had spoken to my father and mother before that.
HARRY SHELLOCK . I am mine years old—on this Thursday night I was playing near the Stanley with some other boys—I saw a Hansom cab at 21, Effingham Street, driven by the prisoner—it went up towards Lupus Street—I saw it run over the two men—it was going very fast—it then went up Sussex Street—I had known the prisoner before for about a month—I am quite sure he was the driver.
Cross-examined. I heard it spoken about in the neighbourhood that Jarvis was the young man that drove over the gentlemen—I was not examined before the Coroner.
JAMES BUCKSTONE (Detective B). I took the prisoner into custody on 29th January—he was charged with wanton driving—the man was not then dead, he died that night—the prisoner said he knew nothing about it, he was not there—he resides at 21, Effingham Street with his mother and sisters.
Cross-examined. I know the prisoner and his family—he is a highlyrespectable young man—he had been a cab-driver for a long time—he is a careful driver—I have heard no complaint against him—his father and brother are cab proprietors—I have seen him driving since the accident for the same masters.
JOHN KNIGHT (Police Inspector B). I have measured the distance from 21, Effingham Street to the crossing at the corner of Effingham Street and Lupus Street—it is 70 yards—from the Stanley to the comer of Lupus Street is about 17 to 20 yards—I saw this hat tried on the prisoner in the presence of the Magistrate on the 30th—it appeared to fit him.
Cross-examined. There is a cab stand in Lupus Street, about 150 or 200 yards from the corner—I believe the prisoner uses that stand daily—l can confirm Buckstone's evidence as to the prisoner's character—he has driven me to the hospital since the accident—the hat is an ordinary one, it might fit me—the prisoner had one similar to it when before the Magistrate.
HERBERT HENRY TIDSWELL . I was house surgeon at St. George's Hospital when the deceased was brought in, about 7 o'clock in the evening—he was insensible and never became sensible—he died on the 29th—on the post-mortem examination I found that the skull was fractured—the death was occasioned by the injuries—it might have been done by a kick of the horse or by the cab going over him.
Witnesses for the Defence,
JOSEPH HOLLAND . I am a cab-driver and have been so for 20 years—I live at 74, Vincent Street, Westminster—I use the Lupus Street stand—I know the prisoner—he uses the same stand—there is a coffee-house in the street where I go to have tea—on the night of 24th January, somewhere near 6 o'clock, I was there—there were a lot of cab-drivers and others there, and the prisoner was standing at the door—his cab was on the stand—I went to a butcher's shop to get a piece of steak for my tea; that took me about five minutes; when I returned the prisoner was still there—I gave the steak to the waitress to cook—the prisoner was there then—a lad came to the coffee-shop and asked who was the last four-wheel driver—there were two or three four-wheelers on the stand—the lad said a man had been run over or knocked down at the top of the street—the four-wheel driver refused to go, remarking that it would make his cab in a mess—the prisoner said if he had a four-wheeler he would take him—a four-wheeler did go, but not the one that was asked—I don't know how long the prisoner's cab had been on the stand, because I had only just changed my horse and gone on the stand myself.
Cross-examined. I have known the prisoner four or five years—he was in the habit of using this stand, and was known to all the cabmen there—none of them are here or any one from the coffee-house—it was from 10 minutes to a quarter of an hour before the boy came for the cab.
By the JURY. The prisoner had a black felt hat on, much such a one as I have—he had it on when the boy came in.
WILLIAM JARVIS . I am the prisoner's brother, and am a cab proprietor—he has been used to driving cabs all his life—my father was a large cab proprietor, and the prisoner used to work in the stables as a boy—he is a careful, steady driver—I should say this hat is not my brother's, I never saw him wear one like it—he wears a round-topped one, rather larger than this and rather wider in the brim—he has the same hat he has worn for the last three months—he did not lose a hat that night.
The prisoner's master deposed to his good character and to his being a careful, steady driver. NOT GUILTY .
MR. BRINDLEY conducted the Prosecution; and MR. PURCELL the Defence.
WILLIAM HOOG . I live at 5, Box Street, Bow Common, and am a ship's caulker—on Wednesday, 6th February, I was at the Moor's Arms, Bow Common, with Henry Dean—the prisoner was there—there was some quarrelling about donkey racing—the prisoner said to Dean "I have got you set," and I saw him shove a sharp instrument into him in the lower part of the stomach and run out at the door—Dean said "Oh, he has stabbed me"—I took hold of him and took him to the doctor's, and afterwards to the London Hospital—I afterwards saw him dead.
Cross-examined. I went to the Moor's Arms about 7—there were a number of men there—they were all chaffing one another about donkeyracing and drinking—it was about 25 minutes to 12 when the blow was struck—I saw Dean make a bit of a hit at the prisoner—I could not say whether he hit him—that was just as he was shoving the instrument at him—they were all under the influence of drink, but they were as sensible as I am now.
GEORGE INCE . I am a costermonger, of 19, Eastwood Street, Bow—I was at the Moor's Arms—I was making a match with the prisoner for a race with a donkey for half a sovereign—the deceased was there and joined in the conversation—after that they tossed for beer, and got chaffing and laughing, and the prisoner said "If you don't leave off I will stick a knife in you," and about 20 minutes afterwards he pulled his knife from behind him and ran it into Dean in the lower part of his belly—Dean shoved him in the nose with his open hand as he was pulling out the knife—Dean said, "Oh, I am stabbed," and fell down against the door—the prisoner ran out, I ran after him, and he said "If you don't go away I will serve you the same."
Cross-examined. The conversation about the donkey race was about 7.30—the blow was after 11—we had had a little drop of beer, but we were none the worse for drink—we had a little drop of whisky.
Re-examined. I saw the knife on two occasions—at first he took it out of his pocket and said "If you don't leave off I will run it into you."
JAMES HITCHIN . I was at the Moor's Arms—I saw the prisoner draw some instrument from the right side of his coat or his pocket and take two steps towards Dean, and I saw the flash, as it were, of a knife, and then he turned and ran out at the door.
Cross-examined. I only went in at 11.30—I could not say that the men were the worse for drink—they had bean drinking.
RICHARD WILDEY (Police Inspector K). I took the prisoner in custody and told him the charge—he said "Oh, don't mention it, it is too great for me to bear," but previous to that he said "I have been wandering about ever since Monday last and have had no rest; I was going to hang myself, but a thought came over me about my little children."
Cross-examined. He came to the station to give himself up—I have made inquiries about him, and as far as I have ascertained he has borne the character of a quiet, honest, peaceable man—he has a wife and family.
JAMES HOWLETT (Detective K). On Thursday, 14th, I was at the station when the prisoner came there—he said he came to give himself up—he heard we were after him and he was tired of his life—I asked him if he knew the serious position he had placed himself in—he said "Don't mention it, it is too great to bear"—I then told him he would be charged with causing the death of Dean by stabbing him—he said "I went to the Moor's Arms with about 6l. or 7l. in my pocket—they set on me, Dean striking me on the nose," pointing to a mark there as if from a blow—I asked him where the knife was—he said "I don't remember having one; this is a bad job and I hope you will do the best you can for me."
Cross-examined. He bears a peaceable character as far as I know—we were directed to make inquiries—I knew the deceased 14 or 15
years—he was a stout, fine-looking man, taller and more powerful than the prisoner—he was always a very quiet man as far as I knew.
ADOLPHE POUPARD . I was house-surgeon at the London Hospital when the deceased was brought there about one on the morning of the 7th—he had a wound on the lower part of the left side of the abdomen, from which a portion of bowel was protruding—he died the next day from the wound—a cut from a sharp instrument would cause it.
GUILTY .— Twelve Months' Imprisonment .
MR. FULTON conducted the Prosecution.
GEORGE MARRIOTT (Policeman ER 3). On the morning of 27th February, at 10 minutes to 12, I was on duty in Catherine Street—the prisoner came up to me and said "I want to gave myself up, I have killed my child"—I asked him where—he said "5, New Inn Passage; I gave it some poison, belladonna, in an egg cup"—I took him to the station—I then went to 5, New Inn Passage, to the front room, third floor—I found a little girl and boy in bed—this bottle was standing on the table and this egg cup beside it—I spoke to the girl, and from what she told me I took the little boy out of bed and handed him to a woman who came up—its breath smelt strongly of camphor—the woman at my request gave me some mustard-and-water, which I administered to the boy, and he vomited—I had sent for the divisional surgeon, Dr. Mills, and he arrived soon afterwards, and by his direction I took the boy to the hospital.
SAMUEL MILLS . I am surgeon to the E Division of Police—on the morning of 27th February I was called by the last witness to New Inn Passage—I went immediately and found the child in the act of vomiting from the mustard and water which the sergeant had given it; the vomited matter smelt of nothing but mustard and water—there were no very definite symptoms of any special poison—I was told it had had belladonna liniment given to it, and upon that I sent it to the hospital—the pupils were a little dilated, but nothing more than you ordinarily see in children—dilatation of the pupils is a symptom of belladonna—1 did not see the child at the hospital, I have seen it once or twice since—this bottle was shown to me by Marriott, it contained about 20 or 30 drops of belladonna liniment; I did not analyse it—belladonna is calculated to endanger life, it would depend upon the quantity—I have no doubt the child had very little, not sufficient to poison it; if it had swallowed a poisonous dose there would have been more decided symptoms—the child is only 3 years old—I can't say that it would not have developed symptoms of poison had not the emetic been given immediately, but from the subsequent history I cannot think that it had sufficient to poison it—I afterwards went to the station to see the prisoner—he was in a state of great misery, crying, and very tremulous, and nearly on the verge of delirium tremens; he had been drinking a good deal—he said "I gave the child this liniment"—I asked him if he knew it was poison—he said "Yes, it was belladonna," and he assigned as a reason for giving it that the child's mother was very ill in the hospital, and that he was out of work and not able to look after the children—he said he was particularly fond of this child, more so than the other; that he thought the best thing was to put it out of this world's misery, and as he had not the heart to strike it he thought it was most
merciful to give it this poison, and after he had done it he intended drowning himself in the Thames—I asked him what was to become of the other child—he said that was older and could look after itself—he seemed quite to understand what he was saying—he said he had been drinking for some days and had nothing to eat.
EDWARD WILKS (Police Inspector E). I was on duty at Bow Street when the prisoner was brought in, he was very excited—Marriott told me what he had given himself up for—I said it was a very serious thing—he said "Yes, 1 know it is, but I have done it"—he said he was in a poor state, his wife had been taken to the hospital on the previous Thursday, and on the Tuesday following he had taken his clothes home (he is a tailor by trade); that he went home about 11.30 the previous night; he had been drinking, the child was very restless all night, and there was no one to attend to it; it coughed very much; he got out of bed several times and carried it round the room; then he thought of dashing its brains out, and he got out of bed for that purpose, but something came over him that he could not do so; that he got into bed again and lay there for some time, and then he thought of the belladonna mixture, and he got up and poured it out in an egg cup and gave it to the child as he lay in bed; and the child after drinking it put his hand up to his mouth and said "Oh, dadda," and he then left the house and gave himself up—he said the belladonna was supplied by a dispensary to rub on his wife's side when she was ill before she went to the hospital—he afterwards asked whether the boy was dead—I said "No"—he said "Good God, I wish he was."
Cross-examined by the Prisoner. You were very excited, but I think you knew what you were saying; you looked as if recovering from the effects of drink, and were very shaky—you said you were very fond of the child and he clung to you as you carried him round the room.
WILLIAM WALE STEPHENS . I am dispenser to a public dispensary in Stanhope Street, Clare Market—this bottle has on it the dispensary label; it contains a drop or two of belladonna liniment, which I dispensed on 16th February for a Mrs. Smith—I never saw the patient—the label is not stamped; it is similar to ours, but there is nothing by which I can identify it.
Prisoner's Defence. I was quite out of my mind through trouble and did not know what I was doing.
NEW COURT—Wednesday, March 13th, 1878.
Before Mr. Recorder.
344. HENRY VALENTINE (47), PLEADED GUILTY to unlawfully obtaining by false pretences two orders for the delivery of bales of cloth with intent to defraudalso to embezzling 28l. 19s.: 17l. 13s. 6d., and 36l. 4s. —Recommended to mercy.— Twelve Months' Imprisonment .
MR. KISCH conducted the Prosecution.
MINNIE THOMAS . I am single—on 18th February I was in Osborne Street, Whitechapel, about 11 p.m., and the two prisoners and another young man came up and spoke to me but I do not know what they said—Callaghan knocked me, down and Donovan fell on me and took a
shilling out of my pocket which was safe when I saw them both in a public-house just before—my Ulster was torn—they both kicked me on my side and on my legs—I was hardly able to move, and I do not feel well now—I cried out, and they ran away—Donovan had half a sheep's head in his hand—he struck me with it and I have a bruise on my hand now—a policeman came up who fetched Donovan back two or three minutes after the assault—I am sure he is one of the men—about a week afterwards I picked Callaghan out from a number of men—I have no doubt about either of them—they were both strangers to me.
Cross-examined by Donovan. I was with a sailor—I have had to remove in consequence of your violence—I did not tell the inspector that I pulled all my money out and 5 1/2d. dropped on the ground—I had 5 1/2d. in one pocket and a shilling in the other, and that shilling you had.
Cross-examined by Callaghan. I did not ask Donovan to give me a bit of sheep's head—you smacked my face and knocked me down—when the detective asked if I had lost anything I said No, because he was dressed so roughly I did not know he was a policeman, and I was afraid I should get more—but I told the constable I had been robbed of a shilling—you kicked me in the side and I have not been well since—I am single and live by myself.
HENRY INHOF (Policeman 211 H). On 18th February I saw the prisoners with a third man in Brick Lane, about eighty yards from Osborne Street—Donovan had half a sheep's head in his hand eating it, it was cooked—they went towards Osborne Street, and in about ten minutes I heard a scream and saw the prosecutrix lying on the pavement—she complained to me and I saw two persons running away, but did not pursue them at that time—about five or eight minutes afterwards I took Donovan about ten yards from where the assault took place—he said "It was not me, sir, I had no half sheep's head"—I am quite sure he is the person who had the sheep's head—I took him to the station.
Cross-examined by Donovan. The woman charged you with knocking her down and robbing her—I did not say to her "You had better summons him"—I did not say so at the police-court—you were coming back to the crowd when I took you did not say to her "If you don't hold your row I won't take him at all."
Cross-examined by Callaghan. I don't know you, but I recognise you as the person who passed with Donovan—I did not see you when I took Donovan.
Re-examined. I am certain these are the two men I saw in Brick Lane before this occurred—the prosecutrix complained of being in pain.
FREDERICK WISBEY (Policeman H 13). On 18th February I saw the prisoners and a third man going up Brick Lane towards Osborne Street, but did not notice that either of them was carrying anything—shortly afterwards I saw Donovan in Inhof's custody—on the 20th I saw Callaghan in a public house and told him I should take him on suspicion of being concerned with a man in custody and a man not in custody in assaulting and robbing a woman on the 18th; he made no reply—I took him to the station, placed him with other men, and the prosecutrix picked him out.
Donovan's Defence. I was with four men, and the prosecutrix asked me for a bit of my sheep's head. I refused, and she called me a greedy little *. I said that if she said that again I would smack her face. Callaghan told her to mind her own business. She began screaming and
a constable came up, and she gave me in charge for kicking her and knocking her down, but nothing was said about any shilling. Is it likely that if I stole a shilling from a prostitute I should come back to the spot? She never mentioned the shilling till afterwards. She has given a wrong name; she cohabits with a man and goes out to keep him. The detective can speak for me if he likes.
Callaghan's Defence. We came out of the public-house and she was going in with three men. She said to Donovan "Give me a bit of that sheep's head." He told her to go and buy one. She called him a s—, and he said that he would punch her in the jaw. When we got down Osborne Street we heard her screaming. When the constable asked her if she had lost anything she said "No;" he said "Will you charge him with kicking you?" she said "Yes." The man she cohabits with had a row with her and kicked her, and had a fender to hit her with, and then she gave us in charge for kicking her. She knows very well she never lost a shilling.
Witness for Donvan.
WILLIAM THICK (Detective H). On 18th February, about 10.45 p.m. I was in Osborne Street and saw a mob, and the prosecutrix standing up crying—I went to her and asked her what was the matter, she said that she had been kicked—seeing the two prisoners and another one who I knew well, I asked her if she had been robbed—she said "No, I have not," and as she made no further complaint I took no further steps, but when the constable had Donovan in custody she said "That is the one who kicked me."
Cross-examined. I was in plain clothes, and she may not have known that I was a detective.
GUILTY . They were both charged with a previous conviction of a like offence at Clerkenwell in October, 1876, to which they PLEADED GUILTY.**— Seven Years each in Penal Servitude, and Twenty Strokes each with the Cat .
THOMAS ROPER (City Policeman 925). At midday on Saturday, 9th February, I was on duty with Bury at the Ship Tavern Passage, Leadenhall Market, and saw the prisoner pushing about in the crowd in a suspicious manner—he put his right hand under his left arm and put his fingers into a gentleman's ticket pocket, walked away sharply, and came to me, put his right hand under his left arm again, and put his fingers into my ticket pocket, but got nothing from me—he then followed a lady to Bull's Head Passage and made several attempts to pick her pocket, but her bag was in his way—he then came between me and a gentleman on my left, put his right hand under his left arm, and took something from the gentleman's ticket pocket—I heard coin jink in his hand as he was looking at it—I caught hold of his hand—he struggled and threw some money away, some of which went down a grating, and all I could recover was a halfpenny—I gave him in charge to Bury and went after the gentleman.
his evidence, it is correct—there was a lot of straw in the market—a mob got round the prisoner and tried to get him away—I searched him and found 1s. 5d. and a silver fusee-box with "W. C." on it, for which I have found the owner since the prisoner has been in custody—I had asked him to give up what he had, but he did not give it to me, and I took it from him wrapped in a handkerchief—I had hard work to get it from him.
DAVID DUNN . I am a provision merchant of 22, Garland Road, Pimlico—on 9th February I was in Leadenhall Market wearing this coat, with a few coppers in the pocket, which I afterwards missed, but did not feel them taken—I afterwards saw the prisoner with the constable.
Cross-examined by the Prisoner. I did not notice you alongside of me—I did not spend the coppers I had in my pocket.
The Prisoner's Statement before the Magistrate. "The halfpenny I dropped was my own. I was counting my money and the constable came rushing against me and knocked it out of my hand." (The Prisoner repeated this statement in his defence.)
GUILTY . He was further charged with a previous conviction at Newington in February, 1871, to which he PLEADED GUILTY, and nine other conventions were proved against him.— Eighteen Months' Imprisonment ,
MR. RINGWOOD conducted the Prosecution.
ALBERT BUCKTHEIL (Through an Interpreter). I am a seaman, of Perseverance Place, Shadwell—on Sunday, 3rd March, I was in Royal Mint Street, and the prisoner ran up to me and tore my watch from my waistcoat pocket—this chain broke by the pull—my coat was open—he ran into a by-street—I ran after him—a young man tripped him up and he fell, but got up again and ran into a policeman's arms without my losing sight of him—I am sure he is the man.
FRANCIS SIMMONDS (Policeman H 50). I saw the prisoner running from the prosecutor and caught him—I told him the charge; he made no reply—he said at the station "I will pay for the watch if you will let me go"—I found nothing on him.
Cross-examined. The prosecutor did not say that if he got 24s. he would not come up to swear against you.
GUILTY .**— Nine Months' Imprisonment ,
MR. BRINDLEY conducted the Prosecution; and MR. GILL the Defence.
CHARLES EWALD HENCKE . I live at 66, Tollington Park—on Friday, 1st February, I fastened all the doors and windows and went to bed—I was called about 6.30 next morning by the police, and found the drawingroom window open and the door leading from the drawing room forced—it had been fastened, and there were marks on the wood-work—the window opens into the garden—the iron bar of the shutters was taken away—I missed four coats—I found a drawer in the breakfast room forced open from where I missed a gold chain—some umbrellas were taken from the stand, but they were returned by the police—the value of the property was about 20l.—these are two of the coats produced.
went to Tollington Park and found that an entry had been made—there were footmarks in the shrubbery at the back drawing-room windows—I called Mr. Hencke, and about 7 o'clock went to the butcher's shop where the prisoner works, which is about 60 yards to the rear of the premises—I tried some doors and he said "Do you want to go in?"—I said "Yes"—he went with me into the yard, and I said to him "Have you found anything in the yard this morning?"—he said "No, I have not"—I said "Have you found any coats lying in the yard?"—he said "No, I have not"—I said "Have you found any scarves, or anything?"—he said "No, I have not found anything"—this scarf and knife (produced) were found near the prosecutor's house, but they do not belong to him.
Cross-examined. The prisoner works at Mr. Follet's, the butcher's, where I saw him—he was bailed at the police-court—information was given to the police about 6 o'clock, because the umbrellas and two scarves were found in the back garden in the next house—five or six gardens intervened between the house, and the yard where the prisoner was—the prisoner brought the coats to the station the next day, but I was not there.
ALFRED BAILEY (Policeman Y 253). On 2nd February, about 7.30 a.m., I went to the prisoner where he was employed—I waited for him to come out of the shop, and said "I hear you have got two coats in your possession"—he seemed very much surprised and hesitated—he said "Yes, I have got them in the loft, I will go and fetch them for you"—he brought these coats in and I told him he had better come to the station with me—he did so and brought them—I asked him on the way how he became possessed of them—he said that he found them in his master's yard about 6.45 that morning, Saturday.
Cross-examined. He took them part of the way to the station, and I took them the rest.
JAMES STANFORD (Police Inspector). Last Saturday night, about 8.15, Bailey and the prisoner came to the Hornsey Road station—the prisoner said that he found the two coats in his master's stable yard about 6.46 that morning.
DAVID LEWIS (Detective Y). I went to the prosecutor's house about 10.30, and in the next garden, No. 68, found this jemmy—on Monday, the 4th, I met the prisoner and charged him—he said "I had the coats up in my master's loft, under some straw, at the time the inspector asked me if I had found anything"—he seemed very much confused—I told him I should have to take him to the station—he made no reply.
Cross-examined. He did not tell me that he heard that there was a robbery and was frightened.
CHARLES DELLAR . On 1st February, about 7 a.m., I was near Moray Road, and saw two coats on a wall adjoining Mr. Follet's premises, which are close to the prosecutor's—I saw the prisoner take them down and take them into the slaughter-house—I saw him again about 10.30; he called mo across the road and said "Do not say anything and I will treat you"—I think he saw mo when he took the coats—I said "All right."
Cross-examined. The coats were on the wall, anybody could see them if they looked up—I saw the prisoner on the wall first and said "Do you know anything about them coats on the wall?"—ho said "No"—that was
before he took them—nothing more was said because I went away—I told two or three persons.
Witnesses for the Defence.
HENRY FOLLET . I am a butcher, of 18, Fonthill Road, Tollington Park—the prisoner has been nearly three years in my employ—he slept on the premises in a room above me—there are two beds in his room, and two men sleep there besides him—my foreman is here—on the night of 31st January the prisoner and the other two men went up to bed about 10.30 or 10.45—the servant generally locks up the house, and I go to see that all is safe—I saw the prisoner about 7 o'clock next morning—it is impossible that he could have got out of the house without my knowing it—I heard no noise in the night—he must have left the door open if he went out, because I have no keys—I cannot open the door myself from the outside—I bailed him on his committal and have had him in my employ ever since—I am willing to take him back—he is a very honest man.
Cross-examined. We have only one key of the front door and that will not open it from the outside—I mean to say that nobody can leave the Louse in the night, without leaving the door open—I went to bed about 11.15, and called the prisoner about 6.15—I always sleep with my door open but on the chain, so that I could hear anybody come down stairs—I can swear that nobody left the house that night, because I wanted to get up early, and I awoke two or three times.
JOHN LENDON . I am Mr. Follet's foreman—I occupied the same room as the prisoner—we all three went up to bed before 10—the prisoner went to bed—he occupied the next bed to me—there was about two feet and a half between us—I saw him in bed about 4.30—he got up at 6.30 or 6.35—he was the first to go down—we push our door close, but it does not fasten—it drags and makes a noise when it opens—the prisoner could not have left the room, unless he left it before 4.30, because I saw him in bed at that time—he could not have dressed and gone out without my knowing it—I heard no noise in the night—I have slept in that room nearly three months.
Cross-examined. I was in attendance with my master before the Magistrate but we were not called—the prisoner was represented by a solicitor—I did not see the prisoner between 10.30 and 4.30—he must have gone out before these times or not at all.
NOT GUILTY .
MR. STRAIGHT conducted the Prosecution; and MR. GILL the defence,
CHARLES GILBERT GODDARD . I am a jeweller, in partnership with Mr. Lawson at 44, St. Paul's Churchyard—the prisoner was our traveller—last November he was entrusted with jewellery to go round to customers and to dispose of it—we supplied him with this black bag to place it in—we kept a record of the jewellery he took away every morning, and he had to give us an account of what he sold or left on approbation, and it would be charged against the customer and written on his account—on 12th November a new stock book was being prepared at our premises at Hatton Garden, where Mr. Lawson was—I saw the prisoner that morning at St. Paul's Churchyard, and said "I would rather you did not take your out this morning, because we are going to make a new stock book"
—he said "I have an appointment with Mr. Harnett of Edgware Road and I will be back by 11.30"—he mentioned that more than once and ultimately left the bag—he returned by 4.45 without the bag and rather excited—I think he was the worse for liquor—he said that he had had his bag taken out of the train, at King's Cross railway station by three men. who passed hurriedly by him, who were in the same compartment with him, that his bag was by his side, and that he found something touch him, missed his bag, jumped out of the carriage, called the guard and said he had been robbed of a bag worth 1,500l., and asked him to stop the train, but he would not do so, and that he then went to Bagnigge Wells police-station and gave information, and from there came to me—I sent him with my partner's son in a cab to Scotland Yard, and they returned for a full list of the property, which was made out by Mr. Lawson, jun., and the clerk—Mr. Slade afterwards made a communication to me and I went to his place at Paul's Wharf and saw the bag; it was open and the empty jewellery cases were in it—when the prisoner came to me that evening he showed me the centre of a diamond bracelet with which he had been entrusted, and said "I have found this in my pocket"—this (produced) is the case of that bracelet, I found it in the bag at Mr. Slade's—I had looked out an order for the prisoner for some shirt studs for Dr. S. Bridges and handed them to the prisoner with some links and collar studs, and also a pair of earrings for Dr. Bridges' brother—on 14th August the prisoner was entrusted with a single stone diamond ring, No. 1082, value about 12l.—I have asked him about that ring since the loss of the bag, and he said that he had never had it—on 9th October he had a diamond gipsy ring, No. 596, value 28l.—I have asked him about that, and he said that it was in the bag—he never suggested that he had been robbed of it by a woman—on 16th August he had a silver hunting watch—I asked him for it on several occasions—he said that it was with Mr. Norbury, who was getting up a watch club, he being employed at Ryland's in Wood Street—on 8th December instructions were given to take him in custody and he was taken—the case was investigated from time to time until 9th January, when he was discharged—we had had no information from Mr. Brown then as to where certain pawn tickets were—I have inspected the goods referred to in these six pawn tickets which Mr. Brown snowed me, and find they relate to some diamond earrings, a diamond and turquoise brooch, a pair of gold earrings, and a pair of diamond and turquoise ear tops, which had been entrusted to the prisoner for sale and which should have been in the bag—I had given Mr. Brown certain instructions previously.
Cross-examined. The prisoner was in my employ about 6 months, I had a good character with him—he used to carry a stock book in his pocket—somebody in the firm gave him the bag every morning and it was kept in the iron safe at night—we had no other traveller at that house—on one occasion the goods were wrapped in paper and the bag was taken by somebody else—the firm checked his book with the general stock book—he would leave 200l. or 300l. worth of goods with a customer, and generally for 10 days—I do not know that a warrant is out against Mr. Bridges—the prisoner was charged with a ring and wrote to say that he knew nothing about it—this centre out of a bracelet forms a pendant and can be used separately, he gave me that after he came from Scotland Yard—I believe he drove up to our place in a cab—he was first charged before
a Magistrate about a fortnight afterwards—there were three or four remands and the Magistrate thought there was not sufficient case—I offered 100l. reward in different newspapers—I do not know what Brown is—he has taken goods to Dr. Bridges in the evening—I examined the prisoner's stock book twice a year—I had no means of knowing whether goods left on approbation were entered in it unless he told me—trade had been bad for a long time and he said that he had answered an advertise—ment.
Re-examined, He told me on the 12th that the book was in the bag, but it was not.
HENRY LAWSON . I assist my father and Mr. Goddard at St. Paul's Churchyard—the prisoner was their traveller and was paid by salary and commission, but I believe it was always made up to 50s. a week—on 12th November at a few minutes to 5 o'clock he came to the warehouse a good deal excited and made a statement, and I accompanied him to Scotland Yard in a cab—we were asked for a complete list of the things stolen and returned to St. Paul's Churchyard, where I called the articles out of the book and he told me whether they were in the bag or not—I called out the various articles mentioned on these pawn tickets, and he said that they were in the bag—I also called out the bracelet, of which he showed me the centre, and he said that it was in the bag—I called out ring No. 1082, he said that he had never had it; but I had given it to him myself and entered it at the time—it was never returned to me—I called out ring 596, and he said that it was in the bag.—he never complained to me that it had been stolen from him by a woman at Liverpool Street station—I called out a silver watch, and he said that Mr. Norbury had it—after the list was made out he said that if he took it to Bow Lane they would be able to communicate with Scotland Yard quicker than we could, that they would telegraph, and he went to Bow Lane for that purpose; he was away about 25 minutes and we left at a few minutes to 7 o'clock to go to Scotland Yard.
Cross-examined. He got a good deal excited that night—he told me in the cab that while showing the bracelet to Mr. Barrett it came unfastened, and he put it in his pocket—he asserted frequently that I had not given him one ring, and he had done so before—there had been a dispute about it—I know of things being taken out which were not entered in the stock book in which we kept the account with him—I believe it was an unlocked bag—it was in one instance my fault that he took out articles which were not entered—he was not credited with them though he was debited—that was a pair of ear-rings—there are 39 or 40 articles in this list which we made out—I know of his leaving goods on approbation with people—that is part of our trade—their names would only some to my knowledge from what he told us—I have no doubt that he returned a 40l. ring to the firm a week after the robbery, which had been out on approbation; I was not present, but it is marked in the stock-book—that was a little over three weeks before he was given in custody—he remained in our employ a week or 10 days.
Re-examined. The ring he returned was one which had been out on the books to Mr. Cooper—during the five months he was in our employ I never took anything out of his bag and sold it to a customer—Mr. Goddard and Mr. Hitchin could—this entry is my writing—he had ring 1082 and two others.
SAMUEL WILLLAM HITCHIN . I am assistant to the prosecutors—I produce the stock-book—here is an entry in it on 14th August of the delivery of a diamond ring, No. 1082, and two others to the prisoner, in Harry Lawson's writing—two of the rings were returned to me on 21st September, and I said "You have another ring to return"—he said that he had never had it—he never said anything to me about having a ring stolen from him by a woman at Liverpool Street station—he never returned to me ring No. 596, which he had last October—I gave him out the silver watch on 16th August, and he has never returned it—on 30th August he had a clock from me, No. 5913, to show to Spiers and Pond, which has since been shown to me by one of the officers.
Cross-examined. The different people in the employment had access to this bag when it was in the shop, and could sell from it if they liked, but I only know that Harry Lawson once took a pair of earrings from it—I do not know that a diamond locket, black enamelled, was taken out—I don't remember the prisoner complaining of a locket being taken out—no diamond feather or necklet was sold from the bag—he had a diamond feather and necklet in the bag, but they were not sold. Re-examined. He effected very few sales while he was with us.
THOMAS JOSEPH BARRETT . I am a jeweller, of 94, Edgware Road—on 12th November, about 2.30, the prisoner called on me—he appeared the worse for liquor—his breath smelt strongly of brandy—he had his bag with him—I had no appointment with him, but I had seen him frequently for eight or ten years—he wanted to show me the contents of his bag and opened one or two cases, but I said that I did not require anything—he showed me a diamond bracelet, which appeared to be in a similar case to this, and the centre of the bracelet was similar to this—I did not purchase anything of him—he left me about 3.20—he said that he had not done much business that day, but had left 600l. or 700l. worth of goods on approbation.
Cross-examined. He wanted to sell me some clocks and to send me some on approbation—Chapel Street, Edgware Road, is the nearest railway station to my place.
PETER HARNETT (Police Inspector G). On 12th November about 4.30 the prisoner came to King's Cross police-station—he was not sober—he said that he travelled to King's Cross and had a bag of jewellery worth about 1, 500l. which was on a seat near the door, and some persons who he could not describe left the carriage between Edgware Road and King's Cross, and took his bag with them, and he went out of the carriage and shouted loudly but the train could not be stopped—I asked him for a description of the jewellery and immediately caused information to be sent round to all stations by telegraph, but the description he gave me was exceedingly imperfect.
Cross-examined. The station is not quite half a mile from the railway station—he stayed with me two or three minutes—he did not call next day, but he called frequently afterwards.
WILLIAM THORNE . I am a guard on the Metropolitan Railway—on 12th November, at 4.27, I saw the prisoner at King's Cross station on the platform when the train was running into the station, and after I had started the train he came to me—I can swear he did not come by the
train—I got out of my break after the train stopped and was opposite the prisoner, within a yard—he did not speak to me then but after I had started the train he came up in an excited manner and said that two men had taken his bag from the platform and got into my train, and that the bag contained 1,000l. worth of jewellery—he said "What am I to do?"—I could not wait as I had started the train, and referred him to the station inspector—it was not a full train, and when it got to Farringdon Street I kept my attention on it but saw no one leave with a black bag similar to this, nor was any black bag found in the train—I kept my observation all the way to Aldgate—no one got out with a black bag.
Cross-examined. The train had come from Addison Road at 3.57, and it was at Edgware Road at 4.10—he appeared to be in a very excited condition—I was examined on the first occasion, when he was discharged, and I may have said that I did not particularly notice who got out of the train at King's Cross—that was three weeks afterwards—my reason for saying that he did not get out of my train is that I saw him at full thirty yards—I should be sorry to get out of the train myself at that pace, and I saw him standing on the platform then—I said so at Guildhall the last time I was there.
WILLIAM BARHAM . I am a lighterman, in the employ of Mr. Haynes, of Paul's Wharf—on the evening of 12th November, about 6 or 6.10, I found this black bag in the Thames, between Blackfriars and Southwark Bridges—the tide was just on the turn, it was running down in shore—the bag was closed; I gave it to Mr. Slade, to whom the wharf belongs, and saw it opened; it was wet inside, but not very; it had not been in the water a great while.
Cross-examined. It was floating, and the tide was still running up, but it was just upon high water—it would have gone as far as Blackfriars Bridge in half an hour if it started from Southwark—it was in mid stream—if it had been put in at Paul's Wharf it would not have been where it was, it would have been farther down—if it was thrown over at Southwark Bridge it would take a little over 10 minutes to reach where I found it.
GEORGE REED (City Policeman 173). On 9th October I was in Moor Lane station, and the prisoner came and complained of the loss of three rings in the company of a woman, not far from Finsbury Circus—he said that he picked her up by the Railway Tavern, and she begged of him, saying that she had several children, and he gave her 1s.; that she hurriedly left him, and he missed the rings from his waistcoat pocket—I went with him to search for her, but could not find her—he took two rings from his waistcoat pocket, a diamond ring and a lady's ring—I said "You have two rings now"—he said "They have nothing to do with the others"—he made an appointment to meet me next night, but did not—he said that one ring was numbered 596.
Cross-examined. He afterwards came to the station and said that one ring had been recovered, but that No. 596 was still missing.
WILLIAM CLIFF BROWN . I am an upholsterer, of 274, Kingsland Road—I know a person named Fuller, and 1 knew the prisoner several months ago in connection with Fuller—on Friday, February 1st, I was at the Bull and Bell, Ropemaker Street, Finsbury, and saw the prisoner there—I entered into conversation with him, and he offered me 20 or 30 loose diamonds—I said "These have been set"—he made no particular remark to that, but said that he was very short of money, and would take 2l. for
them—I knew that he had been in Lawson and Goddard 's employ—I spoke to a man named Palethorpe, who was in the room, and we both went to the station for a description of the stolen property—on Sunday, February 3rd, I saw the prisoner at his house at Leyton (I had communicated with Mr. Goddard and with Sergeant Green, and was acting under their instructions)—we had several hours' conversation about the robbery of the bag—I knew that he had been charged before a Magistrate and discharged—he said that there were three men in a railway carriage on the Metropolitan line, and two of them took the bag from him, that one passed him and the other blocked him, so that he could not get near him, and that he could not overtake them, as the train went on—he did not say how far he went on with the train—I made an appointment to meet him the following Monday at Broad Street station—Mr. Palethorpe, who was with us, left fur a few minutes, and then the prisoner said to me "I have a great deal to say, but I cannot say it, because there is a third party present"—he was with me the whole of Monday, from 10 to 4 o'clock—I then left him and arranged to meet him at 6 o'clock at the Catherine Wheel, when he was to produce six pawn tickets, which he agreed should be purchased for 40l.—he told me he had six tickets which formed part of this jewel robbery, that they had been given to him as his share by those who committed the robbery, that they had treated him very badly, having only paid his legal expenses and his wife's maintenance while he was in prison; that they represented about 230l., but the goods were pledged for about 40l.—he also told me that he knew of several similar robberies which were coming off, one in particular where the traveller was deficient in his cash about 150l., and he must go—I told him I wanted to see the articles and agreed to give him the 40l.—I left him at 4 o'clock and communicated with Mr. Goddard, and then met the prisoner at the Catherine Wheel—he came in alone, but another person joined who I do not recognise—he took me from there to the Ship and Turtle, showed me these six pawn tickets, and asked me for an advance—I gave him a sovereign and promised him the balance when I had inspected the goods—he asked for my private address and said "I will see you again in a few minutes or a quarter of an hour and will show you a letter I have written to you"—he showed me this letter and I saw him post it. (Read: "Mr. Brown. Feb. 4th, 1878. Dear Sir,—Having received a letter containing tickets, which I have every reason to believe are connected with the bag which was stolen from me, you would be doing me a great favour if, with your usual kindness, you would not only meet me early to-morrow, 10: N. L. Railway Station, but also help me by going to the various places so that I can identify my employer's lost property, the interest on one only will be returned by yours truly, S. W. Liversidge.") Written across that is "By doing this you will help to reinstate me in my old position."—He asked what I thought of the letter—I said that I thought it was a very clever invention—I met him on the Tuesday by appointment and he asked me to go with him to Chelsea—I went with him to Mr. Withers' shop, King's Road, and saw some earrings which were in pawn for 15l., and for which I had the contract note—I took them out, paid the interest due, and a further advance of 10l. was made upon them, making the deposit note 26l. instead of 15l.—Mr. Withers offered to buy them, but the prisoner refused to sell them—we went to a public-house, where he said that we were going
to a place where the remainder of the money might be found—I handed him 5l.—a brougham was waiting, I don't I know where it came from—we both got into it and went to a public-house, where he left me for a short time and came back and asked me for the tickets—I refused to give them to him—the brougham went away, and we took a cab to the Embankment—he insisted on the way upon having the tickets but I refused—he was getting the worse for liquor—we parted in Margaret Street about 7 o'clock and I immediately went to Mr. Goddard and Sergeant Green and handed the tickets over—I went round with Mr. Goddard and identified the goods and we were given in custody at one of the pawnbroker's—the prisoner was taken as the Bull and Mouth the following morning, and I found this letter there addressed to me: "Dear B.,—I have a special appointment to-day at 11, which I forgot to mention yesterday. Will meet you to-morrow, Thursday, Bull and Mouth, 11 sharp. Be there, I want to see you very particularly. S. Liversedge." When I left him at Margaret Street on Friday night, we had arranged to meet on the following day; he had promised to introduce me to people who had the property.
Cross-examined. I was given in custody for a short time—I had never been in custody before—my name is not over my shop door—I sell furniture—I managed a business for 18 months for a gentleman who dealt in cigars and wine—I know a man named Horn who is charged at these Sessions he robbed me of 75l. (See New Court, Friday)—he is a member of the Long Firm and a friend of the prisoner—I have been mixed up with the Long Firm three times, I have sold to them and have lost money by them—I never gave Horn a reference—the Bell and Bull is about two miles from my shop—I do not live there, but the landlord is an old acquaintance of mine—Petherick is a metal merchant, not a marine store dealer—I don't think he was called before the Magistrate; he is here—he did not see the 29 diamonds, but I mentioned them to him—the prisoner distinctly told me that he and three other men did the robbery; that the men in the carriage were acting with him, and that he knew them, and had part of it as his share—I was surprised, but I did not express it, as I had another object in view—he did not say that he was going to take part in the robbery where the traveller was 150l. in default but he said "I could take part if I thought proper"—he thought I was a respectable man—he talked of the jewellery as "the stuff"—I do not know why the letter was written—I never knew till a fortnight afterwards that there was a reward out; that would not make much impression upon me, I am glad to render the public a service—I signed this contract note in the name in which it was given before, I believe Mr. Withers asked me to do so—I have never given evidence at a police-court before.
Re-examined. Horn is here waiting to take his trial with Gudgeon and Shuttleworth on a charge of fraud—there is not the slightest pretence for saying that I have been mixed up with him—I sold him goods as a respectable man.
FRANCIS NORBURY . I am a warehouseman—in August last I had a silver watch from the prisoner—I returned it to him about a fortnight afterwards—he had asked me to get up a watch club as I was in a large house, and I tried to do so but could not.
November, about 4 p.m., and I advanced 15l. on them—I cannot say whether the prisoner brought them, but he came with Mr. Brown on 5th February and they were shown the earrings—I asked whether they wanted to sell them, and ultimately I made a further advance of 10l., and a fresh note was drawn up in the name of Wilson—Mr. Goddard has identified them.
Cross-examined. Brown signed the note—I cannot say whether Brown pawned them originally, as it was six months ago—I should not like to say that the two signatures are the same.
By the JURY. It was not at my request that it was put in the same name—I merely asked one of them to sign—he could have put it in another name if he liked—I assumed that one of them was the same party—I had no reason to think otherwise.
CHARLES CHAPMAN . I am assistant to Dobree and Freeman, pawnbrokers, of 318, Strand—I produce a pair of diamond earrings pledged on 22nd December for 5l., but not by the prisoner—this is the duplicate—Mr. Goddard has identified them.
CHARLES GILBERT GODDARD (Re-examined). In respect to the sixth duplicate the article has been handed to me—it is a pair of ear-drops pawned for 17s.—I identify them—Mr. Brown first made a communication to me some few days before 6th February, and was in communication with me continually during the time, and also with Sergeant Green.
Cross-examined. At the time that pawning took place the prisoner was under examination on the original charge.
WILLIAM POTTS (City Detective). I took the prisoner on 8th December and searched his house at Leyton—I found a clock which Mr. Hitchins identifies—the prisoner said "Why don't Mr. Goddard charge me with stealing the clock and stealing the bag? If this is Mr. Goddard's way it is the best thing for me, for I shall be in possession of a public-house in 12 months"—he was taken to the station, charged, and discharged on 9th January—he said at the station that Mr. Goddard knew that he had the clock, and that it was for Spiers and Pond, and he told me on one of the remands that it was no good for me to go to Spiers and Pond as the clock was never intended for them.
Cross-examined. He had one furnished room.
WILLIAM GREEN (Police Sergeant). On 1st February Brown communecated with me, and from that day till the 7th he was in communication with me continually and showed me this first letter—on the 7th I called the prisoner out of the Bull and Bell and said "Mr. Liversedge, is that your name?"—he said "Yes, and your name is Green"—I said "Yes, I want to know what you have done with those diamonds you offered to Mr. Brown a little before the 1st of this month"—he said "I know nothing of any diamonds; is Brown in your pay or the pay of the police?"—I said "No, Mr. Brown and Mr. Goddard were taken in
custody yesterday at Mr. Debenham's, the pawnbroker's"—he said "You don't mean to say that; is Brown in custody now?"—I said "No, but we are going to take you in custody for beings in possession of six duplicates representing 200l. worth of jewellery stolen from Messrs. Lawson and Goddard, on 12th November, you haying offered the same for 40l."—he said "Where are you going to take me?"—I said "To the same police-station where you were charged before"—he said several times on the way to the station that he had nothing to do with the robbery of the jewellery—the charge was read over to him—he said nothing.
GUILTY .— Seven Years' Penal Servitude .
THIRD COURT.—Wednesday, March 13th, 1878.
Before Robert Malcolm Kerr, Esq.
350. HENRY WILLIAMSON (28) PLEADED GUILTY to obtaining by false pretences a cashbox, a tin box, and three account books;also to forging and uttering a request for the delivery of a deed box.— Twelve Months' Imprisonment .
351. JOHN WILLIAM POWELL (22) to embezzling 1l. 4s. 9d., 17s. 9d., and 18s. 9d. received on account of the London and St. Katherine Dock Company his masters, and to obtaining by false pretences from Joshua Fenton an order for the payment of 7l. 2s. 2d. — [Pleaded guilty: see original trial image] Judgment Respited .
ELIZABETH MAY . I live at 17, Harbour Road, Old Kent Road—on Tuesday evening, 26th February, I was in Long Acre—two young men came up and one put his arms round my neck so tightly that I could hardly breathe—I had a plated chain on and a locket—they pulled at something and then ran away—I was very much frightened, and I ran after them down a short passage and missed them—I missed the locket—Leon Stansbury took me to the station, where I gave an account of the occurrence—next morning I saw the prisoner with twelve others at the station, and I picked out the one I thought was like one of the young men—to the best of my belief the prisoner is the lad.
Cross-examined. I picked out another man—I do not know what he was charged with.
LEON STANSBURY . I live at 6, West Street, St. Martin's Lane—on 26th February, about 6.45 p.m., I was in Long Acre—the prosecutrix spoke to me—I had seen the prisoner several times before—he and I live in the neighbourhood—I had seen him wear the same clothes he had that evening—he did not have the same jacket on he has now—while the lady spoke two men ran by—I heard the lady cry "Stop thief"—I saw the prisoner holding her—I took her to the police-station.
Cross-examined. I am a stereotyper—I was about twenty yards off when I heard "Stop thief"—the prisoner held the lady round the neck and another one was in front—the prisoner's back was towards me—I did not see any people going in and out of the public.
Re-examined. I saw the prisoner's face when he rushed past me, and I noticed his clothes and general appearance.
in Seven Dials, from 2 p.m., for two hours—I saw the prisoner frequently—I know him—I spoke to him—he was with several others.
WILLIAM BOYLE (Detective Officer E). I took the prisoner into custody about 10.30 on Wednesday, 28th February—I told him I took him on suspicion for being with others, and stealing a locket from a young lady in Long Acre—I took him to the station—he was placed with others and identified.
NOT GUILTY .
MR. RAVEN conducted the Prosecution; and MR. GILL the Defence.
THOMAS KEMP . I am a hair-dresser, of 87, Whitfield Street—I was in Whitfield Street on Saturday morning shortly after 1 o'clock—the prisoner threw me down on my back—I saw him over me and I felt his hand in my right hand trousers pocket—I had in it altogether about 2l.—I called out "Police," sprang to my feet, and caught him by his coat—he swung round and threw me down again—I got up—he ran away—I shouted "Police" and "Stop thief," and ran after him—a policeman stopped him—I never lost sight of him—I missed a sovereign, three half-crowns, and some shillings.
Cross-examined. I had been to see a friend in the New Kent Road—I left him a few minutes before 12 o'clock—I had been there about an hour and a half, and had been about an hour walking—I left my work at 8 o'clock—I had been into three public-houses with a friend—the sovereign was a George and Dragon sovereign—I had changed an ordinary sovereign in the Strand—I spent 5s.—I bought several things as I went along—I was not talking to a woman—I had an umbrella in my hand—I did not push against the prisoner—I might have been excited.
HENRY KNIGHT (Policeman E 498). I was on duty in Whitfield Street on Saturday morning—I heard cries of "Police" and "Stop thief"—I ran to the corner—I saw the prisoner running—I got into a doorway and he passed—I stopped him—the prosecutor came up and said the prisoner had knocked him down and stolen 30s. from his pocket—I took him to the station and found on him one sovereign, one half-sovereign, three half-crowns, one shilling, sixpence, and one penny—the prosecutor appeared exhausted, but to the best of my belief he was not in liquor.
Cross-examined. The prosecutor stated he remembered having a sovereign and four half-crowns—he was excited—he had an umbrella—I did not see a woman there—when the prisoner was charged he said he was wending his way home, he saw the prosecutor talking to a woman and he went up to him and advised him to go home, when the prosecutor ran after him and attempted to strike him with his umbrella—I produce the money—the prosecutor may have been drinking—I did not see him drink.
GUILTY . He also PLEADED GUILTY to having been convicted of felony at this Court in June, 1870, in the name of Philip McCann. **†— Ten Years' Penal Servitude .
and then into the Red Lion and then into the Greyhound—I treated the prisoners—I called for a pot of beer—they said "Will you have a drop of rum?—I said "Yes"—no sooner did I drink the rum than I was gone—they took me outside and knocked me down—I held Sweeney and tore his coat—I missed 22l. 10s. from my serge pocket—it was in a little bag—Sweeney took it—I next saw him at the police-station—three more men were with the prisoners—I took the bag out of my pocket to get a half-sovereign.
Cross-examined by Hart. I have known you nine years—two young men and one female were drinking with me at the Green Gate when I first saw you, not four females—I did not say "Halloa, Harry, how are you? I have not seen you for a long time"—you did not, at the Red Lion or Greyhound, propose to go, and I did not say "Have a drink before you go."
Cross-examined by Sweeney. I was sober when I met you in the Red Lion—I had my pocket cut—you were sitting on the same side of me after I had the rum—you kicked me.
MARY ANN SMITH . I am employed at the Greyhound public-house—I saw Newberry and the prisoners on the evening of 5th February—Newberry took some money from a bag to pay for some beer—Hart called for rum—I spoke to my uncle—I left the bar to go to my tea—the prisoners were gone when I came back.
Cross-examined by Hart. You first called for a pot of beer—I told my uncle his tea was ready—I am sure you called for the rum—you sat by the soldier and gave him some.
Cross-examined by Sweeney. You sat on a chair or stool on the soldier's left—I could not say if you left the house before the soldier—I suspected you because you pulled the soldier about—he was not intoxicated till you gave him the rum.
Re-examined. Hart pulled the soldier about.
JOHN HOOPER . I keep the Greyhound Tavern in Old Street—on 5th February Newberry came into my house with the prisoners—I served them with a pot of four ale—my niece (M. A. Smith) made a communication to me and I went for the police—two men led the soldier out—when I came back he was lying outside my door.
Cross-examined by Hart. I did not see him robbed—I cannot swear you went out with him—you had your back towards me—I could not say whether you left the house before the prosecutor or not.
JOHN MAIDMANT . I am a fishmonger, of 23, Buxton Street—Newberry is my brother-in-law—about 5 o'clock on 5th February I met him with the prisoners and others—I asked him to come home and he would not—I afterwards searched for the prisoners and found them.
Cross-examined by Hart. It was about 12 o'clock when I gave you in custody—you would not come out at first, you said Newberry had not been robbed when you left him—afterwards you were willing to go.
Cross-examined by Sweeney. I do not live with my brother-in-law.
Cross-examined by Sweeney. I told you I should take you for robbing a soldier—I did not twist your arm—we carried you face downwards—you said we should have to take you to pieces before we got you there.
Hart's Defence. I saw the prosecutor with five or six men and four females; he said "Halloa, Harry, how are you? I have not seen you for a long while." I said "I am quite well." We went to several publics, drank three pots of stout and two half-pints of rum. One barmaid would not serve him because he had had enough. He said "Come a little further and have another drink before you go." He paid for some more ale at another public, and I left him with the other men that he called his friends.
Sweeney's Defence. I picked up the prosecutor's parcel, and he said "Will you have a drop of beer, cock?" I had some, the others had some more, but I left the company and went for some fish, when I was collared and locked up all night, and when the prosecutor said I was not the man who first met him, the policeman said "Ask him no question, it's all the same." GUILTY .
HART— Two Years' Imprisonment .†**SWEENEY PLEADED GUILTY to having been convicted of felony in February, 1873.— Seven Years' Penal Servitude .
MR. DALTON conducted the Prosecution.
ALEXANDER DUDGEON . I have no occupation—I live at Orchard Villas, 14, Caledonian Road, Islington—about 5 a.m., on 2nd February, I was awoke by my servant and came downstairs and found my house had been broken into, and that the parlour, dining-room, and a little side room had been ransacked, as well as the kitchen and the wine-cellar—the servant's bedroom door had been tied to the stair-rail—I missed two coats, some postage stamps, loose coppers, and this silver ornament—a desk was also broken open, but nothing taken—the silver vinaigrette is the only article I have recovered—the entrance was effected by the side room window—the catch had been put back with a knife from the outside—I was last in that room at 1 o'clock, when I saw the vinaigrette all safe.
WILLIAM THOMAS . I am a pawnbroker, of High Street, Woolwich—on 7th February the prisoner brought this vinaigrette and said a man of the name of Smith had given it to him—I sent him outside for Smith—he came back and said Smith was engaged—I told him I should detain the ornament—I gave information to the police—the prisoner came the next morning and told me not to give it to Smith if he came.
WILLIAM CLIFFORD (Detective Officer Y). I apprehended the prisoner on the 14th, at Woolwich, for breaking into Orchard Villas—he said "I pawned the fish, it was given to me by a chap that is called Bill Brickdust, know nothing about the job myself."
Prisoner's Defence. I told the pawnbroker not to give the fish to anybody but Smith. I did not know it was stolen. This is the first time I have been in trouble, and I hope you will overlook it.
NOT GUILTY .
MR. WILMOT conducted the Prosecution; and MR. M. WILLIAMS the Defence.
WILLIAM RICHARDS . I live at 5, Devas Street, Bromley, on the same side as No. 7—on 29th September I was standing at my door—Rinka was cleaning her doorstep at No. 7—she called to Mrs. Hunter to come over from the beershop opposite—the prisoner rushed over and hit Rinka, knocked her down, and her head went against the wall—she shoved her—Rinka ran into Mrs. Pearcy's, and I went into Mrs. Long's—the prisoner went away.
Cross-examined. I saw no quarrel.
SARAH BRICKHAM . I live at 13, Devas Street—on 29th September I was standing at my door—Mrs. Rinka was going down the street—I saw Branch shove her—she fell—Rinka shook her fist at Branch, and got up and went into Mrs. Pearcy's—the prisoner went home—the prisoner had her face and Rinka her back towards me.
CHARLOTTE PEAROY . I live at 3, Devas Street—on 29th September last Rinka ran quickly into my room (my street door was open) and said "Shut the door," as Mrs. "Charlotte Pearcy, turn her out"—I did not notice if Branch's hand was on the door.
HENRY GARNON . I am a surgeon, of Kent House, Bow Road—I am surgeon to the police—I saw Mrs. Rinka at her house on 2nd October, I believe—she was suffering from injuries inflicted within two or three days—the injuries were two fractured ribs and a fractured collar bone—I have been attending her since—she has had pleurisy, pneumonia, and vomiting of blood—the pleurisy, I believe, was caused by the fractured ribs—her brain is now affected—she is in a very dangerous state—she had also received scalp bruises, which might have been caused by a fall—the fractured ribs were caused by direct violence, a blow or a kick—my impression is she never will recover—one side is now paralysed—I have previously attended her—she was a fairly strong woman—my assistant had attended her on her having an epileptic fit—her fits have been aggravated by the violence.
Cross-examined. The bruises were on her left side and on her head—she may live a year or two, or only a few weeks.
Re-examined. I would not answer for her life if she attended here.
RICHARD WILDY (Police Inspector K). On 26th October I went to Harriet Rinka's house with the prisoner and a detective—she said she knew she was dying—I took down her statement in the presence of the prisoner—she said she was going to the oilshop to fetch some hearth-stone, and on passing Mrs. Pearcy's she called to Mrs. Hunter, the keeper of a beershop opposite, who was talking to Mrs. Branch, that Mrs. Branch rushed across the road and knocked her down, she got up and Branch knocked her down again and kicked her in the left side, she got up and walked by the wall into Mrs. Pearcy's house and she and Mrs. Pearcy stood against the door, and Branch stood outside and said "Charlotte Pearcy, why do you keep that b—old w—in there?" that after Branch left she went with her husband to the Poplar Hospital, and the surgeon directed her to go home or to go to the London Hospital, she went home, and on Sunday went to the Poplar Hospital again, when they told her the same, and Dr. Garnon was called in—the prisoner was apprehended on the Saturday by a constable who is not here—I was present when the prisoner was discharged on Monday morning in consequence
of the prosecutrix not attending; but it was not then known that the assault was so serious.
Cross-examined. The prisoner was committed for trial last Thursday—she was taken into custody on 26th October—she was admitted to bail.
JAMES HOWLETT (Detective K). I took the prisoner into custody on the 26th October last, at 3, Surrey Place, Thames Street—I charged her with committing a violent assault on Mrs. Rinka, on 27th September—she said she had been tried once for it and thought it was all over, and "I declare to my God I never touched that woman no more than I touched you"—I said "How did she come by those injuries"—she said "I do not know, I could prove her husband and her were fighting at a beershop on the Friday, and it's hard to be locked up for what I never done."
Cross-examined. Mrs. Rinka is not here—I was present when Harriet Rinka put her mark to those depositions taken before Mr. Lushington.
The deposition of Harriet Rinka was here read, which gave a similar account to that told by her to the witness Wildy. The Prisoner's Statement before the Magistrate. "She accuses me of being a w—to her husband, and it is all through jealousy. I never struck her—her husband did it."
Witnesses for the Defence.
BRIDGET NUGENT . I live at 2, Sarah Place, Bromley—on 29th September, about 1.30, I saw Mrs Rinka cleaning her doorstep—she called me across the road—she told me the prisoner had been ill-using her—I then went with her to the Lord Nelson public house in Devas Street—we had threepennyworth of drink between us—I saw her the same evening at a beershop with her husband—I next saw her on the Monday in bed.
Cross-examined. Mrs. Rinka is a stranger to me—so is the prisoner—we drank rum—Mrs. Rinka paid for it.
MARY EDWARDS . I live at Bromley—I know Mrs. Rinka—I saw her on 29th September when I was standing at the corner of Coventry Street about 9 p.m.—she was walking with two more women—she called me to her—she asked me to go to Bow with her—I went—she got in her groceries and went to the butcher—we then went to the Dog and Partridge at Bow—she drank twopennyworth of whisky and some water—I went home—I left her in her own house—before that I had some bread and cheese and some beer with her in her house—on Sunday morning I went for some taters, when I met her—she was going in to Mrs. Pearcy's—I heard her say "Pray let me come in, I'm going to have a fit"—the next time I saw her was last Monday.
Cross-examined. She was a stranger to me—Mrs. Burke was with her—she is not here—I do not know the other woman who was with her.
Re-examined. She said she had had a dispute with Mrs. Branch.
NOT GUILTY .
OLD COURT.—Thursday, March 14th, 1878.
Before Baron Huddleston.
MESSRS. POLAND, STRAIGHT and TAMPLIN conducted the Prosecution; and MESSRS. BRINDLEY and A. B. KELLY the Defence.
WILLIAM BRUCE (Policeman T 247). On Sunday, 27th February, I was on duty in the Glenthorn Road—I had gone on duty at 10 o'clock and the prisoner also—my beat was No. 12 and part of 9—while on duty I saw the prisoner at 10.40—I told him that I had seen Langston, Policeconstable 161, and he had told me to tell him (the prisoner) that he was to confine himself to 11 beat alone—he said "All right, can you give me a light to my lamp?"—I said "Yes, but I have not any paper"—he said "Have you any matches?"—I said no—he said "Never mind, I have got a piece of paper"—he put his hand in his pocket and pulled out a pocket book and tore a piece of paper, and I opened my lamp and he lighted his—he then said "I shall take a turn down this turning (meaning Banim Street), as there are several new unfinished houses there, and I have often found men and women asleep in them, and as there are lots of shavings lying about I expect a fire might happen there"—he then left me and went down Banim Street and I went on my beat—about 11.20 I heard there was a fire in Bradmore Street—I saw a fire escape and followed it to 33, Banim Street; I got there about 11.40—I found there had been a fire in that house under the staircase; it was out then—it was an unfinished house—I saw Langston and other constables there, and I saw the prisoner standing on the opposite side—about 4 o'clock in the morning I was in the Glenthorn Road—I saw the prisoner near the Godolphin schools—he told me that he had had another in the Southerton Road, and he said "I am afraid I shall have another in the schools"—I said "Have you seen any one?"—he said "No, I was in the next turning and heard the smash of glass, and running round the place there was a fire"—that referred to Southerton Road—I said "It must be some one invisible"—I left him between the schools and the church—he went in at the small gate leading from Glenthorn Road to the church grounds—I went once round my beat and about 4.15 or 4.20 I saw him again at the corner of Oxford Road and Glenthorn Road springing his rattle and whistling—I asked him what was the matter—he said "Run for the fire engine, there is a fire in the schools"—I asked him what schools—he said "The Godolphin schools"—I said "It must be a small one, I can neither see fire or smoke"—he said "It is small, but I am afraid it may get larger; run for the fire engine; it is inside the school"—I went to the fire station in Brook Green Road and gave the alarm, and I assisted with the escape, it did not go as far as the schools—I went to the schools by myself—I did not go in—I saw Inspector Skeats there, and he posted me in a field at the back to watch—that was about 4.60—I saw nothing to attract my attention—I went off duty at 6 a.m.—I saw the prisoner about 6.5 in the Grove—he said "Here, I want to speak to you; have you got the money?"—I said "What money?"—he said "The money for calling the fire engine, the turncock, and the fire escape"—I said "No"—he said "There is 4s. 6d. allowed for that, did you spring the rattle at the fire station?"—I said "I did"—he said "There is 2s. 6d. allowed for that"—I said "I am certain we are not allowed to receive it"—he said "Why?"—I said "How about signing your name for it?"—he said "Have it, and sign a wrong name for it; did you go back with the fire escape?"—I said "I did not"—he said "If you had you would have received the money; do as I have done when in the
E division; I have had many a reward there for calling the fire engine, and signed the wrong name for it; I suppose we can get the money when we call for it?"—all this passed as we were walking to the station.
Cross-examined. I believe the number of my lantern was No. 12—I have been in the police over three years—I made a statement about this matter on Tuesday, the 29th—the prisoner assumed that I should get the reward for springing the rattle and calling the engine—I did not see any people about that night—there are many rough people in that neighbourhood—men and women do sometimes get into the unfinished houses—the prisoner would have no business whatever in Banim Street, unless there was anything unusual, or he was called there—our lamps often go out and require lighting afresh—I have often given a light to other constables and have taken lights from them—it would be the prisoner's duty if he saw a fire on any other beat to give notice of it—there had been a fire the night before at the pavilion in the school-grounds—that is some distance from the brickfields, near the cricketfield—there is a wall between that and the brickfields—I can't say the height of it—the prisoner said "I suppose we can get the money when we call for it"—I had done the work and was entitled to the money, if any one was, not the prisoner—he has only been a short time in the force.
HENRY LANGSTON (Policeman T 161). On Sunday night, 27th January, I left the police-station with the prisoner—my beat was No. 10 and part of No. 9—about seven minutes to 11 I saw the prisoner in the Church Road, leading out of Banim Street—I said to him "By the actingsergeant's orders you are to confine yourself to 11 beat, as I have taken the whole of 10"—he said "All right, give me a light for my lamp and I will go back"—I gave him a light with a piece of paper from my own pocket and we parted—he returned the same way as he came, towards Banim Street—I went round my beat—I saw him again about 4.15 a.m., in the Glenthorn Road, springing his rattle, with his light turned on (I had previously heard of the fire at 33, Banim Street)—he said "Make haste down, the schools are on fire"—I went down to the schools, through the wicket gate, and saw the fire blazing in the middle of the new class-rooms—the prisoner joined me near the door and went in with me from the yard—there was no one in the room when we got there, not until the schoolmaster came—with his assistance we extinguished it with water—after it was out the prisoner said a few words to me which I did not understand, and he left the class-room the same way we went in—about three minutes after he had left one of the boys said "Oh, master, the shed is on fire"—we all went out together and found a quantity of shavings on fire in the shed just outside the class-room—a wheelbarrow was turned over on the shavings—I helped to trample out the fire—it was put out—I should judge from the appearance of it that it had only been alight about two minutes, or a minute—it was a regular flare—it is an open shed used by the boys when it is wet—I had not seen any appearance of fire as I entered the class-room with the prisoner—the shed was scorched by the flare—there is a small wall between the yard and the shed, about four or five feet high—there is a gateway in it leading to the class-room.
Cross-examined. It did not take above half a minute to get from the class-room to the shed—if there had been a fire there when I entered the class-room I should have noticed it—I did not look towards it—there might have been some fire there and I not have seen it.
By the COURT. The fire I saw in the class-room was in the centre of the boarded floor—some planks were laid across the joists and the fire was ablaze in the centre underneath the flooring—the flooring had not been nailed down—I could not see what had set it on fire—it was simply that the timber was on fire.
REVEREND LUCAS HUGH MORRIS . I am a clerk in orders, and am head master of the Godolphin Schools, Hammersmith—Lord Ebury is one of the trustees—on 28th January we were building new class-rooms—this (produced) is a correct plan of the place—the class-rooms are connected with the dwelling-house by four doors, and there are people living therein—it was proposed to divide the class-rooms by folding doors—there is a communication from the class-room into the yard and from the yard into the covered playground—on 28th January, about 4 a.m., I was aroused by a knock at the side door—a communication was made to me and I roused the house—I went into the new wing and there found the prisoner in his uniform at the door opening between the lavatory and the new classrooms—I only saw one fire, that was in the centre of the nearer classroom to the door through which I entered—there was some match boarding put together in a sloping direction and that was all on fire—there had been a pile of it against the wall for several days before—the flooring was not fixed, only put down—it appeared that the match boards had been placed there and something set fire to underneath them which was blazing—I said to the prisoner "We had better separate these boards to get at the fire"—he said "No, you had better not, you will cause it to spread"—I at once obeyed him and went and got water from the lavatory and poured it on the fire with the assistance of the boys, and put it out—the joists were burnt—I then noticed a fire in the other class-room, or rather some of the boys were busy about it pouring water over it, and while busy over that one of the boys called out "There is a fire in the shed"—we rushed off to the shed at once—the prisoner was not in the room then, he had gone—I had collected some shavings together in the shed the previous night and put a wheelbarrow over them to prevent their catching fire during the fire in the pavilion—those were on fire, they had not been displaced—they had not been long alight—they were under the barrow where I had placed them—the barrow itself was partly burnt—that fire appeared to have been quite recently lighted—we scattered the shavings, poured water on them, and put the fire out before the firemen came—shortly after the firemen came the prisoner returned; he had been in the class-room while both fires were being put out—I did not notice him go away—he was not in the shed when we were putting that fire out—after that was out I heard of a fire again in Southerton Road—I don't know who said that—I afterwards more closely examined the two classrooms and found that the joists were burnt in both—the boys are locked in at night—there were no shavings in either of the class-rooms, the floor was quite clear the night before—after the fire I noticed some charred shavings underneath the flooring in both places, under the joists—I had been alarmed about 10 minutes past 11 the night before by a report that the pavilion had been broken into, and about a quarter past 12 I found it was on fire, it was completely destroyed—that was in the cricketground on the further side of the playground.
Cross-examined. Any one could easily get access to the two buildings from the road or from the field behind—I believe it was the prisoner who
called me up on the Saturday night and gave the alarm about the pavilion being broken open—that was given up to the builder to put his tools in. Re-examined. I heard of the fire afterwards, not from the prisoner, but from a friend.
CHARLES HENRY BOWDEN . I am assistant master at the Godolphin Schools—I was there on the Sunday night—on Monday morning I was aroused in consequence of the fire, at very near 4.30—I came down into the class room and saw the prisoner there in uniform—the fire was out when I got there—I spoke to the prisoner just as I went into the class room, and after that I missed him entirely—about three or four minutes afterwards I saw a light in the shed and I went and assisted in putting out the fire there—about 10 minutes or a quarter of an hour after that I saw the prisoner again, when he came to tell of the second fire in Southerton Road; that was about 4.40—he came to the window of the class-room and said "Southerton Road is alight again"—one of the constables turned his light on his face and said "What is the matter?"—he repeated that Southerton Road was alight, that he had just been down and found a candle alight and some shavings on fire—he and the other constables and the fireman then left the schools—about a quarter of an hour afterwards, nearly 5 o'clock, I saw the prisoner again in the vicinity of the shed which had been on fire—I pointed out to him where the shavings had been on fire and made a few comments upon it, and asked if he could account for all the fires that had taken place lately—he made no answer—I asked if he thought it was in consequence of some strikes of carpenters—he said he knew there was about to be a carpenters' strike, but he did not think it was owing to that, he thought it must be the work of some burglars who wanted to get up a good fire to engage the attention of the police—I said it was a very cruel thing to try and burn us out—he said Yes, he would break the head of any man he found doing it; he had had quite enough running about that morning, for he had been the first to discover four fires—I asked what fires—he said one in Banim Road, two at Southerton Road, and the one at the schools.
GEORGE LINGARD . I am a builder and live at the Cottage, Church Road, Hammersmith—I was engaged making the alterations at the Godolphin School—my men were at work there on Saturday, 26th, up to 2 o'clock in the afternoon—I left about 4 o'clock, all was then quite safe—the pavilion in the cricket-field was used as a carpenter's workshop; that was locked up all safe—on Sunday morning, at 1 o'clock, it was entirely burnt down—I went to the new class-room on the Sunday, and left between 1 and 2 o'clock; there were no shavings lying about then—some match boards were lying by the side of the front wall in the class-room nearest the lavatory—I went through the shed to go to the class-room, there were a lot of shavings there and the barrow over them—I left all safe—I heard of the fire in the class-room between 6 and 7 o'clock on Monday morning, and I went there and examined the room—I saw the places where the two fires had been—the floor was destroyed for some 4 or 5 inches in diameter—the joists were burnt in one place, in the room nearest the lavatory, in the other only charred and blackened—in my judgment the fires had been caused by some shavings being set alight in the one nearest the lavatory—the fire must have been made first at the top and burnt downwards through the floor into the joists—the fires were about
25 feet apart, and were in the places left for the stoves to be put in; square places of about 4 feet 6 inches each—in the second class-room the fire appeared to be made between the joists under the floor.
GEORGE SKEATS (Police Inspector T). On Saturday night, 26th January, about 12 o'clock, I went to the pavilion at the back of the Godolphin Schools—it was then nearly burnt down—the prisoner was there on duty—the prisoner said "Between 10 and 11 o'clock I found the door of the pavilion forced open, I went and called Mr. Morris, the master of the schools, some one inside the door informed me that the building was in the occupation of a builder in Church Road, Hammersmith, I went there, failed to find the builder, returned, and found the shed on fire, it had just broken out, I called Mr. Morris and called the fire engine—he said as far as he could see there were no tools stolen—he made a report of this in writing—on Monday morning, about 4.15, I received information of a fire at 76, Southerton Road—I went there—I found a pane of glass broken in the window facing the street, about 2 feet 8 inches from the ground, and the putty cut round the glass—I did not go in—I looked in and saw there had been some things burning on the ground—the fire was then out—I went to the Oxford Road and saw a fire engine outside the schools—I went into the class-room and saw there had been two separate fires; they were both out then—I afterwards examined and found some burnt embers of shavings under the boards—I saw the prisoner as I entered the classroom—I said "What is this?"—he said "Two fires in the new classroom"—I said "Did you discover them?"—he said "Yes, they had just broken out; I aroused the inmates and sent for the fire engine, and assisted Mr. Morris and the inmates to put the fire out with water; whilst we were doing this, a second fire occurred in the shed just outside the classroom, I went there and put that out also"—I said "It seems strange, you hare had a fire in Southerton Road this morning "—he said "Yes, I have"—I said "Did you discover that yourself"—he said "Yes, it is a short distance down Southerton Road; I heard smashing of glass; I immediately ran to the spot and found a fire in the front room of No. 76"—from what I had been told I said "Did you put the fire out?"—he said "No"—I said "Did you enter the premises?"—he said "No, I did not"—I then sent him round his beat with instructions to have a good look round and if he saw any suspicious character to question him—about a quarter of an hour afterwards, about 4.50, he came back to the Godolphin Schools, out of breath, and said "There is another fire in Southerton Road"—I said "Where?"—he said "At some house in the same road"—the firemen who were there immediately went to the spot, and I followed immediately—when I got to 76 the fireman had a bundle of laths in his hand, just putting them out by kicking them against his toe—there were some candles burning on the bench—it was a very small fire, no water was used, it was put out—I saw the prisoner again at the station, about 6.30—I asked him whether he had been in Banim Street the previous night, as there was a fire there—he said "No, not before the fire"—the constables each have a lantern when they go on duty; there is one for each beat—the lamp for 11 beat is No. 23—the prisoner had that lamp—on Monday morning, the 28th, about 9.30, I examined lantern 23—I sent Sergeant Brooker for it, and he brought it; this is it (produced)—I found some fragments of burnt shavings at the bottom of it and a small portion of saw dust at the side—I have kept it in the same state as I received it—on the Tuesday the prisoner
gave me this written report, it is his writing, signed by him—I saw him on the Tuesday morning, the 29th, about 9.30, at the superintendent's office, Hammersmith—the superintendent said to him "Did you carry lamp 23 on Sunday night?"—he said "Yes"—I took him into custody about 7.45 that evening—I told him he would be charged by order of the Commissioner with feloniously setting fire to the buildings at the Godolphin Schools, &c.—after the charge was taken he said "How are you going to prove these fires to me; I am innocent; I should not care if it was anything I was guilty of."
The report made by the prisoner was put in and real, giving the particulars of the fires as described in the evidence.
Cross-examined. The lamp was found in an open place where they are put by the men, but there was only this one there—I am positive that I found the saw dust there that morning—I did not give evidence before the Magistrate till the fourth remand—lighting the lamp once would not cause all this litter, lighting it two or three times would—no doubt the men often light their pipes by the lamps—it is contrary to orders, but they do it—I gave no report of my conversation with the prisoner—I made no note of it, I trust to my memory—I gave my evidence nearly a month afterwards—when he spoke of the fire in the shed he said "We put it out"—it is usual for policemen to fix cotton across the windows to see if any one has got in during his absence round his beat—I found some cotton on the window in Southerton Road—the prisoner told me he had done that—I made no report of that.
WILLIAM FULLER . I am one of the Fire Brigade, at Brook Green, Hammersmith—on Saturday, 26th January, about 11.45 p.m., I was called by the prisoner—he was in uniform, with his armlet on—he told me I was to go to a carpenter's workshop alight, near the Godolphin Schools—I questioned him as to what he had seen of it—he said it was well alight—I went and found the shed alight—it was burnt out and had fallen down—on Sunday, 27th January, about 11.51 p.m., I was called by a man named Spring—in consequence of what he said I went to 33, Banim Street, a small private house—I there found a cupboard under the staircase well alight and strangers applying water to it—my impression was that that fire was caused by shavings—I found a quantity partly consumed, and a great quantity had been totally consumed by the appearance of the ashes—I should think that fire had been burning quite 15 minutes—I saw no policeman there when I arrived—the fire was partly put out on my arrival by strangers, but I extinguished it with my hand-pump, and went back to the station—about two o'clock on Monday morning, the 28th, I was called to a fire at 76, Southerton Road, by a stranger—I found that a quantity of shavings and sawdust had been alight all over the flooring in the front room ground floor, and some loose timber was burnt that was standing there—no part of the structure was burnt—the flooring was slightly charred—my opinion was that the fire originated under the window, as the greater quantity of shavings and sawdust appeared to be accumulated there—I arrived there about 2.13—the lower sash glass of the window was completely smashed away—I extinguished the fire by means of buckets—I left there about 2.50—I sa the prisoner there while I was putting the fire out—he did not do anything in putting out the fire in my presence, on my arrival he showed me a light to pull up by—at 4.35 a.m I was called
to the Godolphin Schools alight by Police-constable Bruce—my opinion was that those two fires had been set on fire—there were two distinct fires, some distance apart—I give the same opinion as to the fire in the shed.
Cross-examined. The prisoner called me to the fire on the 26th—I recevied information from other persons as to the subsequent fires—the prisoner has not been to my station to receive any reward—ours is the station where such an application would be made—the person who gives the alarm of a fire would receive a shilling for it—the prisoner would be the person to receive it for the first fire, but not for the others—I have paid all the other cases except the call to the Godolphin Schools and the Oxford Road—they were calls by police-constables, and they have never been paid—in the other cases they have been paid and I have the receipts.
Re-examined. The practice is to give a shilling for the call, eighteenpence for assistance with the fire escape, and if life is saved another half crown, which would make five shillings.
By the COURT. The Metropolitan Fire Brigade pays that—the Water Company pays for the call to the turncock—the fee for that is half-a-crown—I pay the rewards myself—if the prisoner had called for the reward to which he was entitled I should have paid him—I have no orders not to pay the police—I pay them as well as others, as long as I get the receipt—there is no reward for springing a rattle; that would be done to assist the man in getting away quickly.
CHARLES ADAMS (Policeman T 495). On Sunday night I was the acting sergeant—about 10.55 I went to the prisoner on his beat and told him to keep to No. 11 beat—he had before been appointed to 11 and part of 10—I saw him about 2.20 on the Monday morning in Southerton Road—that was after the first fire there; he gave me an account of that fire—he said he had heard the smash of glass—I asked him if he went into the househe said he did and partly put the fire out with a piece of wood—he said he saw a brick inside the window, which he showed me, lying on the corner of a bench—I sent him for the owner of the house—when I left the place the fire appeared to be entirely out.
Cross-examined. I met the prisoner in Glenthorn Road and told him about the beat—I had previously sent a message by Langston about 10.5 or 10.6—he answered my questions straightforward.
GEORGE RICHARD STENSON . I Live at 59, Hyde Road, and am a lampcleaner in the employ of the Metropolitan Police at Hammersmith police-station, to which the prisoner is attached—I cleaned the lamps on the 27th January for the men going on night duty—I cannot say whether lamp No. 23 was amongst them—I placed them in a cupboard which I locked—they were all in proper order—I was afterwards shown lamp No. 23 at the police-court—I did not, to my recollection, on the 27th, leave any lamp in such a condition as I then saw it—I saw some shavings in the lamp—I took the key of the cupboard to the office and left it there.
Cross-examined. The lamps are cleaned every day—I never saw the lamp for a month after I cleaned it—sometimes I find pieces of burnt matches or paper in the lamps—some of the men light them with pieces of matches or paper.
for lamp No 23—it was not in the cupboard, but was on the top of some lockers down underneath, in the single men's quarters—men coming in off duty frequently put their lamps down there—I at once took it to Inspector Skeats.
Cross-examined. There is nothing unusual in lamps being where that was—I was not called at the police-court before the last day as a witness, and I did not see the lamp.
WILLIAM FISHER (Superintendent T). I saw the prisoner on Tuesday, the 29th January, between 11 and 12 a.m.—I said "Did you carry No. 23 lamp on Sunday night?"—he said "Yes"—I said "Was it alight when you went out?"—he said "Yes"—"Did you open it at all?"—he replied "No"—I then said "I will tell you why I ask; there are some pieces of burnt shaving inside, how do you account for them?"—he replied "Oh, now I recollect, my light was out, I asked Police-constable Bruce for a light—I picked up some shavings off a floor in Banim Street and lighted my lamp—I took the light from Bruce"—he was taken into custody later in the day.
Cross-examined. This is the first time I have given evidence.
WILLIAM LOVE (Policeman 464 T). I saw the prisoner on the morning of the 27th January at about 7 o'clock when I came off night duty—we used to sleep in the same room at the station—just as I was going to bed the prisoner said to me "I wonder what I shall get for calling the fire engines to the fire last night"—I replied "Nothing, the police are not allowed to receive gratuities for calling fire-engines; you ought to know that"—he said that wouldn't matter, he could easily sign some other person's name.
CHARLES ADAMS (Re-examined). The prisoner made a report to me in writing—I tore it up—we generally afterwards destroy the papers, it is no use keeping them—the report he gave me related to the fire and not the cutting of the window—I destroyed another report which referred to the cutting of the window—I destroyed the report because I thought it was of no use—I could scarcely understand it, it was so badly written.
GUILTY .— Fifteen Years' Penal Servitude .
NEW COURT.—Thursday, March 14th, 1878.
Before Mr. Recorder.
358. WILLIAM GRATTAN (35) and SIDNEY ALBERT ELLACOTT (22), Unlawfully conspiring with John Grattan, not in custody, not to deliver up the property under the control of the said John Grattan to his creditors. Other counts for conspiring to obtain divers goods and moneys with intent to cheat and defraud, to which GRATTAN PLEADED GUILTY .— Nine Months' Imprisonment . MR. M. WILLIAMS, for the Prosecution, offered no evidence against ELLACOTT NOT GUILTY
MESSRS. STRAIGHT and PURCELL conducted the Prosecution; and MR. GRAIN the Defence.
HENRY JAMES CLARK . I am assistant to Edward Drew, a leatherseller of Whitecross Street—on 14th February, at 8.15 p.m., I left the warehouse with Mr. Albert Drew, my young master—it was then safe—I returned next morning and was about to open the shop when young Mr. Drew, who was with me, called me to the other end of the shop, which was in great disorder and had been broken into through the skylight, which was removed and an iron bar wrenched from the woodwork—I missed 30 dozens of uppers and 9 1/2 dozens kips—I identify these kip butts (produced) as my employer's property by the number 73 which is on one of them, and the corresponding number is on six pairs which were left—I also identify these uppers, they were on the premises the night before.
Cross-examined. I purchased them of Mr. Rabbits, a wholesale dealer—he does not deal retail—I know Mr. Clogg now, I had not seen him before—I believe he is perfectly respectable—taking the uppers all round 2s. 2d, per pair would not be an unfair price—it was not the full price—I have heard of Mr. pangborne)me, a leather-seller—I believe he is in a good way of business—a man named Freeman was charged with the prisoner, and discharged by the Magistrate—I do not know that Freeman went to Mr. Pangborne with these very goods before he went to Clogg's—I have been to a great many leather sales—goods are sold there at about 20 per cent below cost price, but not more than that—these kips cost me 1s. 5 1/2d. per lb.—1s. 4d. would be a fair price to give for them—1s. 3d. would be an unfair price, but it would not appear unbusiness like—I have never bought job lots from travellers, and never heard of them bringing round job lots—my business is wholesale and retail—I do not sell boots and shoes—the principal part of my business is selling leather retail—if 54l. were offered for the whole of these goods that would be an unfair price—I know that Mr. Clogg was on the point of buying them for that—this invoice (produced) accurately describes my goods. (This was on one of the prisoner's bill heads)—I know that the prisoner keeps a shop and has two other brothers with him in the leather trade in a large way—before that I have heard that he was traveller to Matthews and Co. in the leather trade—I paid 1s. a pair for these 56 pairs of women's uppers.
Re-examined. The average price for men's uppers is from 2s, 6d. to 5s, a pair, women's 1s. to 2s. 6d. a pair, and children's 1s. 6d.—there was only one lot of children's.
HENRY CLOGG . I am an upper manufacturer, of Hanbury Street, Whitechapel—on 19th February the prisoner and Freeman came there about mid-day, and Virgo offered a sample of one dozen kips for sale—. said there were 7 dozens of them—he wanted 13d. a pound for them—I asked him if there was any discount or credit; he said "No," but he was willing to give 2 1/2 per cent.—I told him that in the state they were in I. valued them at 1s. 0 1/2d. if they were up to the sample—he left the dozen with me and they both returned between 9 and 10 o'clock at night and brought 7 dozen and a half of kips—I told him it was very late, my men
were gone, and I could not weigh them, but he might leave them until the morning—he said that he thought I closed at 10 o'clock—I said that I closed at 9—he then said "I have a job lot of uppers," and brought some parcels in, pulled out some uppers from each, put them on the counter, and asked me to buy them—he asked 2s. 2d. for some—I said that he would have to leave them that I might see that they were up to the sample—I gave him a cheque for 20l. and he left them—he called with his traveller about mid-day next day, and I said "I have been through the tops as far as I can; if you like to leave your man he can go through them with me, as some are short and some are over"—I then bought the whole for 50l. odd—I think there were 400 pairs—I gave them to the police—they were produced at the police-court.
Cross-examined. I paid him 54l.—he came with a pony cart—I have known him several years—he was in Matthews's employ—he gave me this invoice with this heading—there was nothing extraordinary in his coming—I am in the habit of buying goods for cash—I believe I have paid the full value for them—I would not have given a penny more for the kips—I could have bought them elsewhere for cash without considering discount or credit—I do not think he gave an unfair price for them if he gave 50l. cash down—the credit in the leather trade is sometimes four months—there are a good many failures, and a good many goods are sold at auctions—we should expect to buy them cheap there because we should not know their age—I should think goods sent to an auction would realise from 25 to 30 per cent, discount from the credit cost of price—we cannot easily tell their age in a sale room—I have never attended sales—I know Mr. Pangborne—I do not know Mr. Wood or Mr. Dowdeswell—I have known the prisoner in the employ of perfectly respectable tradesmen with whom I have done business on a large scale—Freeman was with him on most occasions and represented himself as his traveller—he did not bring the sample of uppers, he brought some other goods—he came alone the last time on Virgo's behalf.
Re-examined. Virgo told me that he was in business for himself and gave me this card.
STEPHEN MARONEY (Detective G). On the morning of 22nd February I went to Mr. Clogg's premises and saw Freeman, who had been discharged by the Magistrate—I received this property from Mr. Clogg—I afterwards went to Virgo's house and asked him if he knew a man named Freeman—he said "Yes, he is my traveller"—I said he has sold some uppers and kips to Mr. Clogg, of Hanbury Street, which were stolen from a warehouse in Whitecross Street, on Thursday night last—he said "I don't know anything about that, I bought them of a man last Saturday and paid him 40l."—I asked him if he had any receipt—he said "No, I never saw him before and have not seen him since"—I said "You will have to go to the police-station"—he said "It is very unfortunate for me, I wish I had had nothing to do with it."
Cross-examined. I may have said at the police-court that his words were "I wish I had never seen them"—after he was in custody I received a communication from his shop-boy and went with him and Randall to Virgo's house, leaving him in the cell (Randall attended at the police-court and you never asked him a question, he is not here to day)—we went into the back kitchen and saw Mrs. Virgo, and I saw that gentleman (Mr. Dowdeswell) in the parlour—I went there because the boy said that
he thought the man who sold Virgo the goods would call for some more money—the man came, and I directly walked out of the parlour into the shop to him—I cannot say whether Randall knew him—I heard him speak to him but I found he was not a traveller—I only know what Randall told me—I did not tell you at Clerkenwell that Randall knew that the man was a traveller—I think Randall said to him "How is Annie in the New North Road"—I took him to the station and put him into a room with two boys—I fetched Virgo from the cell and asked him if there was anybody there he knew—he looked round, hesitated some time, and then said "I believe that is the man I paid 45l. to for those goods"—the man jumped up and said it was false or a lie and said "You don't know me"—Virgo made no answer—I let the man go-—I did not think Mrs. Virgo would be a competent witness against him, and the boy said that he did not know anything about it—I have found the man's address—he is not here—I went there after the second examination, after you had cross-examined me—I did not say a word in my examination in chief about going to Virgo's house or confronting him with the man, I did not think it was necessary—the man is not a traveller—Randall did not go with me, he knew nothing about it.
GEORGE HORTON SAITH . I am clerk to Mr. Rabbitts, of Bermondsey, leather manufacturer—on 11th or 12th February the prosecutor called on me with a detective with a sample of goods, which I identified by the order number in the book and the stamp on the articles as having been manufactured for the prosecutor and supplied to him.
ARTHUR OLIVER (Police Inspector G). On 25th February, about 9 o'clock, I went to the prisoner's shop and asked his wife in his presence (he being out on bail) if she had removed any property on the previous Friday to No. 8 over the way shortly after he was arrested—she at first. said "No"—she then said that she had not removed it herself, but she had sent it there—I asked why she removed it, she said "Because it was some goods which we had bought without a bill"—I asked Virgo who he bought them of, he said "Of a man who came into the shop in the regular way of business"—I asked if he had ever seen the man before, he said "No," and that he had not seen him since—I asked him how long it was ago, he said that he could not recollect—I had previously been to No. 8 and found 9 dozen bundles of mock kid skins, 3 dozen and 11 calf kid skins, 5 rolls of white canvas used for boot lining, 5 rolls of elastic, and 2 skins of patent leather in a back room upstairs—it is a tailor's shop—I did not take the prisoner over to that house.
Cross-examined. I saw a stout gentleman there who I have seen to-day—the prisoner's wife did not say "John, I sent them over because you had not got a proper receipt for them"—she addressed me—he did not say to her "Good God, you have done enough to convict an innocent man"—he began to cry, and said "For God's sake don't be too hard upon me"—that was after she said that she had moved them—this is one of his bill-heads—he did not say "This is the only receipt I have, the man sold the goods over the counter and I gave him that bill-head to make out the items"—he said at first that he thought this was an account of the goods, and afterwards he said that he was mistaken and it was not—he said that the same evening in Mr. Dowdeswell's presence.
Re-examined. I am quite certain I heard him say "For God's sake don't be too hard upon me."
LOUISA FELGATE . I live at 8, Bradbury Street, nearly opposite the prisoner—last Friday fortnight, about 1 o'clock, Mrs. Virgo brought over a small parcel—I did not see what it was at the time, but it looked like leather—after that the boy brought over, I think, three parcels—I gave them all to Inspector Oliver—Mrs. Virgo was crying.
Cross-examined. I have known them many years, we are related by marriage—he is a very respectable tradesman—he has been in that street twelve months.
JOSEPH POTTER . I am manager to Bernard King, a shoe manufacturer, of Hackney—on the last Friday in September his warehouse was broken open and 80l. worth of property removed—I went recently to Old Street station and recognised four pieces of elastic web which was safe at 8.30 on the night before the burglary—this is it (produced)—I am sure it is the same.
Cross-examined. I know the make well; I could pick out a piece of that make from 10,000—we lost 15 or 16 pieces of it—it is used by every person who deals in boots and shoes, but I am positive these four pieces were taken out of our place—it is Mr. Pochin's make.
HENRY POCHIN . My brother and I have supplied Mr. King with web for a considerable time—these are our tickets, and this is my writing, and to the best of my knowledge these are our goods—I cannot tell to whom this web was sold, but we supplied Mr. King with the same numbers at the time of the robbery, and to the best of my belief it was supplied to him—we have never supplied any to Virgo, or placed any in a sale.
Cross-examined. We supply about 60 houses with web of 100 different numbers.
Re-examined. These are Mr. King's usual numbers, he writes for them, and has done so for years—he always has 46 and 22, but other people have them also.
S. MARONEY (Re-examined by MR. GRAIN). I received information on 15th February, and on the 16th a bill offering a reward was posted at all the Metropolitan Police stations, including the one nearest to Virgo's house, and also on hoardings.
Witnesses for the Defence. JAMES DOWDESWELL. I am a boot and shoe maker, of 9, Bentley Terrace, Dalston, and have been in the trade over 30 years, employing hands—travellers are employed in the trade by different firms; they bring round samples, and afterwards bring the goods—they sometimes say "I have a little job lot which will suit you," and if it does suit we purchase it—we sometimes take a receipt when paying cash, and sometimes not—I have paid money 20 times and never taken or asked for a receipt—I have sold goods to Mr. Pash, of Kingsland Road, without a receipt; he is in a very large way of business—the goods have been purchased for money, and no invoice rendered—he has 10 or 12 shops—there are always job lots to be bought at auctions—if I had any stale goods I should send them to auction—I have sold goods that cost me 95l. for 80l. to realise money—I have known Virgo 10 or 12 years, and always found him straightforward, upright, and honest—I was in his back room, about 9 o'clock, when the two detectives came—a person afterwards came into the shop and I heard the shop boy say to them "This is the man"—the man came into the parlour and the detectives followed him in—Mrs. Virgo said to the detectives "This is the man I paid the money to for the goods"—the man said
I do not know what you mean"—Randall entered into a little conversation with him and said "How is Annie in the New North Road?" and I thought he knew him—the man said "Oh, she is all right"—Randall said "Is that your pal outside?"—he said "I don't know who you mean"—he said "You know who I mean, that full-faced chap with no whiskers"—he said "Why don't you speak out and tell me what you really mean?" and then they dropped the conversation—Maroney asked Mrs. Virgo whether she would swear that was the man who sold the goods—she said "Yes," and I went out and fetched a four-wheeled cab, and they went away in it—I was at the house again next day with Mr. and Mrs. Virgo, when the inspector came and said "Have you sent any goods over the way?"—Virgo said "No," and turned round to his wife and said "Ann, have you sent any over the way?"—she said "Yes, John"—he said "Good God, you have done enough to convict an honest man," and sat down and began to cry—I have not been in Court this morning, only when I was called in for a moment—I said to Virgo "John, don't be a fool, to carry on like that," and the inspector spoke to Maroney, and they went out—the inspector asked Virgo if he had any receipt—he said "This is the only receipt I have, and produced this bill head, which he gave to the inspector—I went to Mr. Montague, the solicitor for the defence, and gave him information.
Cross-examined. The travellers have a certain connection of their own and know on whom to call, but they must sometimes call on a new customer—it would be a usual thing to take a receipt for 45l., but it would not be unusual not to do so—I have never sold goods to Pash to the amount of 40l. and received no receipt—Mrs. Virgo did not say "That is the man I paid 3l. for the goods," she mentioned no amount that I heard—I am no relation to the prisoner.
JAMES PANGBORNE . I am a leather merchant of Liverpool Road, Islington—I do not know Virgo—about 20th February Freeman called on me with some leather goods, they were an odd lot—I did not buy them—I think I should know them again—they remained at my place for a whole day—these are them—he asked I think 2s. 4d. a pair at first, which he afterwards reduced to 2s.—I refused them—I should have bought them at 1d. less, but I did not make the offer—they were not worth more than 1s. 11d. all round as a job lot—I said that the kips were not worth more than 1s. a pound, but I only saw a sample—I am in a large way of business—Mr. Wood, a boot manufacturer, saw them on my counter—I knew that Freeman travelled for some one in the Hackney Road, but I did not know for whom he was selling these goods—he took them away as I would not give the price—2s. 2d. and 1s. 3d. for the kips is more than I would have paid—if Virgo bought the lot for 46l. he would not have done anything unusual for that lot of goods.
Cross-examined. This was about the 20th—I was not aware that Mr. Clogg said that he received them on the 19th—I saw the bulk of the goods but have not seen them since until this moment.
Re-examined. Freeman brought the bulk to me and they laid there in daylight all day, and were shown to several of our customers.
MR. PURCELL re-called STEPHEN MARONEY. When the man was in the parlour Mrs. Virgo said "That is the man who brought the goods."
Cross-examined. She said that she had paid him 3l. 10s. for them—nothing
was said about how the balance had been paid—she did not say that Virgo had paid him 40l., but Virgo said so—he did not say to me that his wife had given the balance—Virgo asked me at the station why we had not detained the man—I said that we could not—he asked me why—I said "You say you paid him 40l. and your wife says she paid him 3l. 10s."—the wife said that she believed she paid him 3l. 10s.—I said "For what?"—she said "For the goods my husband is charged with receiving"—I called her attention to the fact that her husband had said that he had paid him 40l. and that she said she paid him 3l. 10s. and she made no answer—I asked him whether it was true, and he said "It is false, and I do not consider he is the man"—I said to Virgo "The man said it is false," when he said he paid him 3l. 10s., but nevertheless I took him in custody.
The prisoner received a good character. GUILTY .— Eighteen Months' Imprisonment .,
MESSRS. STRAIGHT and RAVEN conducted the Prosecution: MR. PURCELL appeared for Finch, and MR. DAVIS for Baker.
ISAAC PRESTON . I live at Woodbridge, near Wimborne, Dorset—in September last I saw an advertisement in the Western Gazette headed "Money, money, money," in consequence of which I wrote to George Finch, of 185, New North Road, London. (Mr. FITZPATRICK, clerk to Messrs. Wontner, proved the service on the prisoners of a notice to produce the documents in the case.) I sent Finch a proposal for a loan of 40l. at 6 per cent, for six years, in reply to which I received this document. (This was signed "R. Joyce, 33, Highbury Vale, N," asking for 7s, 6d., which would be returned if the loan was not granted.) I then sent Finch 7s. 6d. in postage stamps to 33, Highbury Vale, and received this letter (produced), in consequence of which I sent a post-office order for 2l. 8s. 6d. in favour of John Palmer, payable at the Kingsland money order office, and addressed it to George Finch, 33, Highbury Vale—I then received this letter. (This was signed "George Finch," stating that he would have replied before, but had been engaged prosecuting a borrower who disputed his signature, and had been advised in future to have all signatures witnessed, and would therefore visit the witness and pay him the 40l. upon receipt of 1l. 10s. for travelling expenses.) My son then communicated with the police, and a warrant was obtained—this form of promissory note for 40l. was sent to me—I believed that a bond fide loan office was carried on when I sent the money.
Cross-examined by MR. PURCELL. I never saw Finch till he was at Clerkenwell, and do not know his writing.
HENRY WILLIAM NOEL . I live at Roath, near Cardiff—in January I saw an advertisement and wrote to "R. Joyce, of 23, Mount Pleasant, Gray's Inn Lane," for a loan of 20l., and received this letter. (Similar to the former, but from 92, Canonbury Road.) I sent 5s. worth of stamps, and received another letter asking for a post-office order for 1l. 8s. 3d.—I sent 1l. 8s. 3d. in a registered letter, and then received a form of promissory note—I then asked that the amount should be increased from 20l. to 25l., and received this letter. (This repeated the statement about the fraudulent borrower, and requested 1l. 7s. 6d to be sent far travelling expenses.) I sent a post-office order for 1l. 7s. 6d., and on 27th January received this letter.
(From R. Joyce, stating that he could not come till Friday.) He did not come, and I telegraped "Much surprised at your non-arrival yesterday; please write and explain meaning of same"—I also wrote him two letters, but he did not come, and I did not get my 25l.—I believed that it was a bonafide office, and that the business was carried on where it was represented.
CATHERINE CLELLAND . I am the wife of Charles Clelland, of Oxford Street, Swansea—he keeps the King's Head Hotel—in January I required a loan and saw this advertisement in the Western Mail and requested my father to write to Mr. Joyce for me—I received a reply by post, in consequence of which I forwarded 7s. 6d. in stamps to the address given—I then received this other letter, and on 11th January obtained a post-office order for 5l. 13s., payable to the order of Mr. John Craven—I then received a draft promissory note for 80l., which I returned filled up, and then received this letter. (About the fraudulent borrower, as before, and requesting 2l. 2s. for travelling expenses.) I replied declining to send the 2l. 2s., and have never received the 80l.—I believed that a bonafide business was carried on.
Cross-examined by MR. DAVIS. I did not sign the promissory note.
JOHN GEORGE LITTLECHILD (Detective Sergeant). This inquiry was placed in my hands by the Commissioners, in consequence of complaints being made by Mr. Preston, and also by Morgan and Scott, solicitors, of Cardiff—I went first to 185, New North Road, but could not find either of the prisoners; I then went to 92, Canonbury Road, but could find neither of them—I was on those premises on the morning of 28th January, having a warrant at the office—I saw Finch in the shop—it is a little newspaper shop kept by Miss Gray—Baker was standing about ten yards from the shop in the middle of the pavement—I saw Miss Gray hand Finch these two letters and this telegram—I took them from him—the letters are addressed "R. Joyce, 92, Canonbury Road," and the telegram and one of the letters are from Mr. Noel—I took Finch in custody, told him I was an officer, brought him to the door, and saw Sergeant Lambert arrest Baker—I told them both they would be charged with obtaining money by fraud from various persons in the name of Finch and Joyce—Finch said "Where is your warrant?"—I said "I cannot show it to you now, I will show it to you when you get to the station"—I knew him by sight—I searched him at the station and found a pocket knife, a key, and a card, and on Baker a knife and this engraved copy of a promissory note. (This was for 80l., payable to R. Joyce, by 16 quarterly instalments: at 7 per cent., marked "Copy for perusal, to be returned unsigned" Registered number 7905.) An envelope and a promissory note were handed to me by Mrs. Lock, of 1, Union Row, Minories—I also produce a bundle of papers I received from Superintendent Williamson—they came from Swansea, all but this last one.
Cross-examined by MR. DAVIS. I passed Baker before I went in—he was looking at the shop window—there were periodicals and sweet stuff there I did not see him pick up anything—the promissory note was in his great-coat pocket, somewhat crumpled up—it was not carefully folded up, it appeared to have been put loosely into his pocket—he had no chance of throwing it away—I found no postage stamps on him.
loan of 150l. and wrote to Mr. R. Joyce, of 92, Canonbury Road—I received a letter in reply but did not send any money.
MARY GRAY . I am single, and keep a general shop at 92, Canonbury Road, Islington—I know Finch by the name of Joyce—about nine days before he was taken in custody he made a small purchase at my shop and then asked if I would allow him to have letters directed there in the name of Joyce, as he was about to leave his situation and was about to advertise for another, and did not want people to know where he was living—I said that I had no objection, and next morning some letters came and continued coming, except one day, till he was apprehended—he came for them every morning—he had nine or ten letters in all and one telegram—on the morning of the 28th Baker came in and made a small purchase—he left and Finch came in after him and was taken in custody in the shop—I afterwards received this letter (produced) and handed it to Sergeant Lambert.
Cross-examined by MR. PURCELL. Finch called for the letters but he never opened any of them in my presence.
Cross-examined by MR. DAVIS. I only saw Baker that once—he bought a transfer, which is an amusement for children—Finch came in immediately he left—I did not see them meet, but they must have passed each other.
ANN LOCK . I am a widow and live at 1, Union Row, Minories—I know Finch in the name of Joyce—I don't know the other prisoner by name, but he came for letters for Joyce—early in January Joyce came and asked me to take in some letters for him as he was about advertising for a situation—he wrote down his name Joyce on this envelope (produced)—several letters came for him and he came for them, all but once, when Baker came and I handed him the letters—another man came after the prisoners were locked up—I handed some letters to the police—my initials are on them.
JANE STOCKS . I live at 23, Mount Pleasant, Gray's Inn Road, and know Finch in the name of Joyce—he made a small purchase and asked me if I minded taking in some letters for him—I received three addressed to Mr. Joyce, which I handed to him.
WILLIAM JACKSON . I am a clerk in the money order office at the General Post Office—I produce a post-office order from Preston to Palmer for 2l. 8s. 6d. which has been paid on order from Mary Clelland to R. Joyce for 5l. 15s. and an order from Noel to Joyce for 1l. 7s. 6d.—they are cancelled.
Cross-examined by MR. PURCELL. After orders are paid they come to the General Office to be checked off.
EDWARD WARD . I am sub-editor of the Western Mail, which is published at Cardiff—I received this letter enclosing the advertisement headed "Money, money, money," and 10s. worth of postage stamps, in consequence of which I inserted the advertisement in the Western Mail.
CHARLES CHABOT . I live at 27, Red Lion Square, and am an expert in handwriting of many years' standing—my attention has been called to the documents A B 2, 3, 4, and 5, and also to all the documents; they are all in one writing, whether signed by Finch or Joyce, except the promissory note found on Baker, which is similar to the writing of this other promissory note; they are identical.
Cross-examined by MR. DAVIS. The promissory notes are not in a female's
writing, but of a man who writes well, not one who has learned in a foreign school.
Cross-examined by MR. PURCELL. I should doubt whether this envelope, written in Mr. Lock's shop, is in the same writing as the letters signed Finch and Joyce.
JAMES LAMBERT (Detective Sergeant), I took Baker on the morning of the 28th—he wanted to know what I meant by taking him in custody—I said that it would be explained hereafter—I received this letter from Miss Gray.
Cross-examined by MR. DAVIS. I did not see Finch go in or come out of the shop—I saw Baker standing on the pavement, about 5 yards from the shop—I saw Littlechild go into the shop—I had not seen Baker leave the shop, I only saw him standing there.
JOHN GEORGE LITTLECHILD (Re-examined by MR. DAVIS). I was present at the police-court—Baker said there that he met Finch in Essex Road that morning, and as they were walking along Finch gave him the promissory note.
By MR. STRAIGHT. Finch's proper name is George Wilsden, but he gave the name of George Martin when he was arrested, and refused his address.
GUILTY .— Five Years' Penal Servitude .
FOURTH COURT.—Thursday, March 14th, 1878.
Before Robert Malcolm Kerr, Esq,
MR. METCALE, Q. C., and MR. BAGGALLAY conducted the Prosecution; and MR. SIMS the Defence.
ANNA MARIA POTT . I am the wife of John Pott, of Balham Park House, Balham—on 8th February I wrote a letter to Miss Ellen Pott, 2, High Street, Wimbledon, and enclosed a 5l. note—I made a memorandum and I saw my sister-in-law put her initials on the note—I put it in an envelope and gave it to my husband the following morning to post.
JOHN POTT . On 9th February my wife gave me a letter to post, addressed to Miss E. Pott, High Street, Wimbledon—I posted it at Doctors' Commons post-office a few minutes before 10 a.m. on the 9th—I registered the letter.
WILLIAM GEORGE JEFFERY . I am a letter sorter in the inland branch of the General Post-office—on 8th February I made up the dispatch for Wimbledon about 12.30 p.m.—there were two registered letters, one addressed to Miss Pott, a flat letter, and another a square box, addressed to Mr. Walter Doller, Wimbledon—registered letters are marked with a blue line across—I am sure those two letters were put into that bag—I annexed a bill and tied all together with a string, and placed them in the bag—Mr. Ford was present—I saw him seal the bag—it would go off by the 2 o'clock delivery to Wimbledon.
Cross-examined. I usually made up this dispatch—my attention was first called to this on Saturday the 9th—I make up seven bags a day altogether—I do not remember all the registered letters.
JAMES HOLDER . I am head letter-carrier at Wimbledon—I was on duty there on 9th February, when the bag came from London at 2.10—it is my duty to open the bag—I was engaged this day and the prisoner opened it—when he had stamped the letters he reported to me that there was no bill come with the bag, and I left off what I was doing then and said "Are you sure?"—he said "Yes"—I made inquiries of the other letter carriers and a search was made, and no one had seen the bill—registered letters are tied in the bill, and unpaid letters on the counterpart of the bill—I asked the prisoner if the bag was properly sealed when it came—he said "Yes, as usual"—the letter would be in my delivery—we always receive a bill.
Cross-examined. Five men were on duty that day—the bags are opened in a private office—they are turned out on a table—I did not see the prisoner do that work—only postmen were present.
Re-examined. When I found there was no bill I reported to the postmaster and received a communication from him.
GILBERT KNIGHT . I am an auxiliary letter-carrier at Merton—I know the prisoner—I saw him on 9th February, about 9.45 p.m.—he came in with the letters—I went up to town with him—we went to Waterloo station, and to the Lower Marsh, Lambeth—I did not see the prisoner pick up anything—he was with me all the time—we went to a Mr. Mackness, a grocer—when we came out the prisoner said he had forgot something—he went back into the shop without me—we returned to Wimbledon.
Cross-examined. I had seen a pocket-book in the prisoner's possession some weeks before.
EDWARD THOMAS . I am assistant to Mr. Mackness, grocer, in Lower Marsh, Lambeth—on 9th February, about 12 p.m., the prisoner gave me this 5l. note with Mr. Mackness's name on it—I saw him write "E. Clifford" on it.
Cross-examined. He had been at the shop about four times before.
MATTHEW MOORE . I am a police-officer attached to the General Post Office—I received instructions and obtained a note from the Bank of England, and after going to Mr. Mackness I saw the prisoner on 27th February at the office—I told him I was a police-officer from the General Post Office and I was about to ask him questions respecting a missing registered letter addressed to Miss Pott, 2, High Street, Wimbledon, and that anything he said might be used against him, but he need not answer any questions unless he liked—Thomas was with me—I said "Have you seen this man?"—he said "Yes"—I said "Where?"-—he said "In the Lower Marsh, Lambeth"—I said "At Mackness's?"—he said "Yes"—I said "Do you remember cashing a 5l. Bank of England note there?"—he said "Yes"—I said "How long since?"—he said "Last Saturday fortnight or three weeks".—I put the note into his hand and said "Is that your endorsement?" pointing to "E. Clifford"—he said "Yes "—I said "That is not your name?"—he said "No"—I said "Why did you endorse it in the name of Clifford?"—he said "Because I thought Mr. Knight might be of opinion that inquiries should be made about it"—I then told him this note had been enclosed in a registered letter addressed to Miss Pott, High Street, Wimbledon, and asked him to account for the possession of it—he said he found it at Waterloo station the same night cashed it at Mr. Mackness's—I said "Did any one see
you pick it up?"—he said "No"—I said "Were you not accompanied by some one that night?"—he said "I was; Knight, a letter-carrier, accompanied me"—I said "Did not Knight see you pick it up?"—he said "No"—I said "Knight was with you at the time"—he said "Yes, I was walking behind Knight; I found it in a pocket-book, and when I saw the pocket-book I threw my bag over it"—I said "What object had you in doing that?"—he said "Because I did not like anybody to see me pick it up"—I said "You opened the bag in which the registered letter came?"—he said "Yes"—I searched the prisoner and round a loaded revolver, which he said he carried for his own protection in crossing the common; I also found a letter addressed to the Woodlands, Wimbledon, which he said was mis-delivered and was given him back—that was opened—I then searched his lodgings and found the pocket-book in which he said he found the 5l. Bank of England note.
GUILTY .— Five Years' Penal Servitude .
MR. F. H. LEWIS and MR. HORACE AVORY conducted the Prosecution, THOMAS JOHN ELLIOTT. I live at 7, Leyton Road, Brixton—I saw this advertisement in the Times of 21st of May:—100l. will secure the half share of an established auctioneer's estate agent and valuer's business in an important West End thoroughfare. As this emanates from a genuine source, experience is not so essential as strict integrity. Only gentlemen with cash at immediate command need address Surveyor, Stoke Newington Road, London. "I went and saw the prisoner in the Strand, and inquired what business was carried on—he said it was not so much an agency as a public-house brokerage business—I told him I would think about it, and put it into the hands of my solicitor—I afterwards instructed Mr. Muzio, an accountant, to make an investigation—Mr. Muzio afterwards made a report to my solicitors, and I gave my solicitors instructions to pay a sum of money—on 24th July, 1877, a deed of partnership was entered into between me and the prisoner, and executed by both. (This deed was dated 24th July, 1877, and acknowledged the receipt by the prisoner of 750l. The 9th clause provided that neither party should directly or indirectly engage in any business except the business of the said partnership, and upon account there of) I found the business very poor—there were books, a cash-book, journal, ledger, call-book, and ordinary inventory books—I afterwards advanced 500l. more—we arranged to separate last January, and then my suspicions were first aroused by seeing this advertisement in the Times by the prisoner—he bad told me he was going to advertise—(This advertisement was similar to the other "address Surveyor, core of Alford and Arkell, 161, Strand, London.") The date is the 28th January, 1878—I spoke to the prisoner and consulted my solicitor and applied for a warrant—I had a holiday after the deed was signed and went to business not later than September, 1877—the prisoner guaranteed 150l. a year—there were some profits, but they did not amount to that sum—I know the prisoner's writing—the endorsements on these cheques (produced) are his—I was induced to enter the partnership by my accountant's report on the business—this is the cash-book beginning in February, 1875—from 18th February 1875.
to 4th November, 1876, is in the prisoner's writing—many entries are of business done on Sundays in 1875.
Cross-examined by the Prisoner. I am a land agent, and not an auctioneer, except being a partner in the firm of Wallace and Wood—the stipulated allowance of 3l. was not regularly paid to me—I paid the deposit on 13th June—I brought into the firm some freehold property for sale in Norfolk—it was not sold—I was instrumental in bringing other business: none directly—I introduced a pupil who paid 50l. down, but then I hoped the business would be all right and believed your excuse as to the bad condition of trade—the pupil was my relative—I know Shand and Co., of Great Dover Street, Borough—I have capital in that firm—they are pickle and sauce manufacturers—you wrote to me complaining of my joining that firm, and desiring to retire—you signed a memorandum stating that my connection with Shand and Co. should not interfere with the agreement—I filed a Bill in Chancery against you—I have not the Statement of Claim—I advanced money to the firm on my own securities which you promised to repay—that accounts for a difference in the items referred to in the Statement of Claim—I did not investigate the business for myself and apply to the references you gave me, but put the matter into the hands of my solicitor—I told you I could bring business to the firm.
JAMES MUZIO . I am an accountant, of Queen Victoria Street—I WAS employed by the prosecutor's solicitor to make inquiries with reference to this auctioneer's business at 161, Strand—I went and saw the prisoner on 5th and 6th June—I asked him to let me see his books showing the profits for the last six years—he said he had been in business 12 years, six in Edinburgh and six in London—I examined the books and made a report. (This report was dated Mansion House Chambers, Queen Victoria Street, 6th June, 1877, was addressed to Messrs, Copeman, Cadge, and Co., solicitors, Norwich, and gave an abstract of the books, which showed a net profit of 362l. 13s. 10d. for 1875, 530l. 4s.
Cross-examined. I have known you many years—your salary with commission and expenses would amount to about 3l., I could not say distinctly how much—I knew you in business in London Wall in 1870—I had transactions with you then—I cannot swear to your handwriting—the entries in this cash-book for 18th February, 1875, are very much like it—you introduced pubic-house property to me before you came into my employ—I was subpoenaed to come here.
Cross-examined. You paid your rent regularly—I have been paid up to the present time.
THOMAS HANSON . I am an accountant—I went into partnership with the prisoner in 1876 at 161, Strand, and remained three or four months—I left because I was dissatisfied—an agreement was drawn up for dissolution of partnership—I kept a cash-book; but not this one—250l. was paid by me as capital—I left my cash-book when I went away.
Cross-examined. I received 3l. a week—I brought no business.
RICHARD SIDNEY WILLIS . I am a partner in the firm of Burrows and Co., of Red Lion Square—in February, 1877, I saw an advertisement in the paper—in consequence of reading it I afterwards saw the prisoner and went into partnership with him—he said he had been in business a year and a half at 161, Strand—believing his statements, I paid him 500l, 400l. towards the partnership and afterwards 100l. in the business—in May, 1877, it was agreed that I should retire and the prisoner paid me 500l. by a cheque signed by Messrs. Copeman and Cadge, of Norwich.
Cross-examined. I drew 3l. a week—I brought no business—I will swear I did not receive back more than 500l.—these cheques were not paid to my account—I received a cheque for 65l. which you asked me to cash for you, and I gave you my cheque, lees 12l. you owed me—I produce my pass-book.
Witnesses for the Prisoner.—SEWARD. I have known you since October, 1875—I was your clerk four or five months before Mr. Elliott joined the business, and up to last December—I saw some profitable public-house business done before he came—Mr. Elliott seemed satisfied—I was summoned to come here.
The prisoner in his defence stated that the cash-hook was correct as far at his own entries were concerned, and that he could have retired from the business and received 750l., but was so satisfied with its stability that he allowed Willis to retire, that his partners promised to bring business, but brought now, and he was their victim. GUILTY . He also PLEADED GUILTY to the conviction in September, 1875
—Five Years' Penal Servitude .
two others about his own age in Neptune Street—I also saw the prosecutor, who was very drunk—I watched them about five minutes—the prosecutor was knocked down by one not in custody—when down, the prisoner fell upon him and struck him in the face and stomach and turned his waistcoat pocket inside out, and was inserting his hands in his trousers pocket when some one called out "Police"—the two others ran away—I captured the prisoner—I said "What are you doing with this man?"—he said "Nothing"—I took him to Leman Street police-station, where he was charged—he made no answer—the prosecutor was charged at the same time with being drunk and incapable. By the COURT. I stood about twenty-five yards off, looking on.
DANIEL SULLIVAN . I live at 15, New Martin Street, Whitechapel—I am a seaman—on Saturday, 16th February, I was near Neptune Street—I was the worse for liquor—when in Neptune Street with a few friends three chaps pounced on me, knocked me down and took my money from my left waistcoat pocket—I had between 10s. and 12s. which I saw safe before this occurrence—I did not know what condition I was in till I got into the fresh air—I am sure I had my money then.
Cross-examined by the Prisoner. I did not say I had lost nothing—the coins were silver.
Prisoner's Defence. I saw the prosecutor lying down in Neptune Street with three women and two men, and two respectable young fellows were lifting him. I said "What is the matter?" This constable came up and said "You must be answerable for what this gentleman has lost." I work hard for my living, and have a little sister and an old mother to keep.
NOT GUILTY .
OLD COURT.—Friday March 15th, 1878.
Before Baron Huddleston,
The SOLICITOR GENERAL with MESSRS. POLAND and STRAIGHT conducted
WILLIAM HAYES . I am the Court-keeper and usher at the Rolls Court in Chancery Lane—I was there on Friday morning, 22nd February, and saw the prisoner coming towards the Court door, about 9.30—as soon as I unlocked the Court door he came in—I had seen him several times before in the Court—I think the first thing he said was "What time does the Master of the Rolls arrive?"—I said "Usually from 9.40 to 9.45"—he then asked if he was punctual in taking his seat in Court—I said "Yes, at 10 o'clock, or a few minutes after"—I then asked him, being motion morning, if he had a motion to move—he said no, but he had some particular business in the neighbourhood—he then turned round in the Court, and pointing to a large portrait on the wall, asked me if was a portrait of Lord Romilly—I said no, it was a portrait of Sir
William Grant, one of the late Masters of the Rolls—he said "I thought it was, as he was a great man here"—he had got a note-book in his hand at the time—he walked up and down the Court once or twice—I thought he appeared rather excited—he was looking out of the window—he then immediately turned round and walked out of the Court—I saw him pass the window down the yard, making his way for the Chancery Lane entrance, and about 10 minutes afterwards the Master of the Rolls drew up in a Hansom cab—I went out of the Court hall door down the steps to meet the Master of the Rolls, to receive him out of his cab—I was assisting him out of the cab, and as soon as he set his foot on the ground I heard a report of firearms from behind me, and something struck me on the left ear—I can't tell what it was—it was some blast or heat or something which rendered me deaf the whole day afterwards on that side—it was a burning sensation—I immediately faced round to see where it proceeded from, and I saw the prisoner there with a pistol in his right hand, dropping it down after firing—I afterwards measured the distance from where I saw him standing, and found it was from 11 to 12 feet—the cab had turned into the Rolls Yard right up to the foot of the steps of the Court—as soon as the prisoner had fired he proceeded three or four steps towards the foot of the steps, and taking something from the note-book that he had in his hand either a piece of white paper or a card, he said "My name is Dodwell, Sir George"—I immediately turned round and called out "Police!"—we have a policeman on duty in the yard—Constable Whiting came and took the prisoner into custody—the Master of the Bolls did not take the paper or card, he passed on through the front hall into his private room—I waited outside to see the prisoner secured before I went into his lordship's private room—his lordship took his seat in Court in the course of 10 minutes or a quarter of an hour—there is a dwarf wall at the place where this occurred, in the line of firing, about 14 feet high, about 19 yards from where the Master of the Rolls stepped out of his cab; I measured it—I have not had any experience in firearms since I was a boy—the report of the pistol was very loud—I searched everywhere, and so did others, to see if we could find a bullet, but I could not find anything.
Cross-examined by the Prisoner. I did not say before the Magistrate all that I have stated to-day; but you did say exactly what I have been saying now—I did not hear you give any reason why you asked about Lord Romilly—I don't remember your saying that you knew the father of the lady he had married—you might have said "How long has Sir George been master, about 12 years?"—I think I said about four years, that Lord Romilly retired about four years ago and died two years since—you very likely said you were not aware of that—I did not look at your book; I saw it in your hand, I did not touch it—I said "Have you ' a case on?" and you said "No, I am brought down here on particular business"—I think you asked me what you have been saying, and you moved up and down the Court and looked out of the window, talking to me at the time—when Sir George got out of the cab I dare say I pulled open one of the fly leaves of the Hansom, I usually do—I was in front of Sir George, he was meeting me; you were behind, broadside of us; we were both the same distance from you—I was at the foot of the steps; you were behind the driver, and Sir George was leaving the cab—the driver did not get down—you stood behind me, about 11 or 12 feet from
both of us—I did not say before the Magistrate that you were behind me, they did not ask me the question—you could without any difficulty have gone close up to Sir George, there was no one to interfere with you; you could have come close up and touched me—you were pointing at Sir George Jessell's head, my head not being a foot from his—you were about four or five feet behind the body of the cab—I can't say how you hit my right ear, but I felt the effects of it pretty strongly—I did not see any paper flying after the report of the pistol—I have seen you in the Master of the Rolls's Court perhaps five or six times—I can't give you the dates—I think you were there in November, 1876—I don't think I said November, 1877, before the Magistrate—I think I have seen you in the Court since 1876, I will undertake to swear it—I don't know on what occasion it was; some Petition of Right I know you were addressing his lordship about—I know you addressed him in some way—I don't remember saying before the Magistrate that you appeared excited—you told your name and offered the card or paper as well, but Sir George was nearly up the steps then.
THE RIGHT HON. SIR GEORGE JESSELL (Master of the Rolls). On the morning of February 22nd I came to my Court shortly before 10 o'clock—as the cab turned into the Rolls Yard I saw the prisoner standing in Chancery Lane just in the entrance of the Rolls Yard—I recognised him, I had seen him many times, and I am certain he recognised me, he looked me full in the face—as the cab drew up to the door of the Court I turned to get out, the usher came down and opened the leaves of the cab, as he usually does, and I got out of the cab and was fairly out of it, my feet on the ground, when I saw the prisoner at my right hand side—I saw him take his right hand from under the left side of his coat, and he presented a pistol at me; it appeared to me to be directed towards my head, he fired at the same moment and I saw the flash as well as heard the sound—I felt a blow on the right side of the head, as if some one had struck me with his fist—I instinctively looked at the pistol to see if it was a revolver, and in that case I should have jumped back into the cab; I saw it was not, and I waited a moment or two till the policeman was at the side of the prisoner, and then I walked on into my private room—the feeling of the blow lasted a very considerable time, some hours—nothing actually struck me, I was not wounded in any way—in earlier life I was familiar with the use of pistols, I have fired a great many—as a matter of opinion I have no doubt that this pistol contained something besides powder, but whether it was a bullet, or a slug, or a wad, one cannot say—I have presided on two occasions, in my own Court and in the Court of Appeal, when the prisoner had suits there—I do not as a rule recollect very much of what occurs before me, but it is very seldom that a man pleads his own case in my Court, for a very good reason, therefore, I do recollect more about the prisoner's case than I usually do, and since the event has occurred I have also refreshed my recollection by sending for the papers in both the cases—the first time I saw the prisoner was when he made an application to me in chambers on a summons in 1876—I knew nothing of him but what came before me in my judicial capacity, but it appeared from the papers that he had been a schoolmaster at an endowed school at a place called Collection in Devonshire, that the governing body of that school had dismissed him for alleged misconduct, and he refused to give up possession of the school-house or master's residence, and the governing
body brought an action against him to recover possession of the house, and the action was brought in my Court—it seems that the prisoner had retained a solicitor, who entered an appearance for him, and that he had then for some reason or other quarrelled with the solicitor, but being ignorant of the practice of the Court he had not taken the solicitor's name of the record; the result was that notice having been given to the solicitor on the part of the plaintiff, and no defence having been put in, the plaintiff signed judgment by reason of default—the prisoner then made an application to me, sitting in chambers, to set aside the judgment by default—he represented his case to me, and as I am always inclined to be very indulgent where mistakes of that kind have occurred, I put it to the plaintiff's counsel whether it would not be right to allow the judgment to be set aside, and I set it aside accordingly—The next occasion on which I saw the prisoner was in November, 1876, on the hearing of a demurrer—what had happened was this: he put in his statement of defence where I had set aside the judgment, and the plaintiff's counsel demurred, alleging that it was insufficient in law, and that demurrer came on to be heard before me in November, 1876—of course I had only to decide the question of law, no facts were in dispute—the prisoner again pleaded his own cause and at very considerable length—I was unable to make him understand that I had nothing whatever to do with the merits of the case; like most persons who plead their own cause, he had not quite understood the legal points, but he made a very long harangue to me with reference to his grievances, and the way in which he alleged he had been ill-treated, as to which I told him more than once I had nothing whatever to do; I had only to try the sufficiency of the defence as a matter of law—he then discussed some technical questions of very considerable nicety as to the construction of some ancient deeds or documents under which this school was founded of which he had been master—eventually I decided that the demurrer was well founded, and gave judgment for the plaintiffs—I then saw no more of the prisoner till the following year, when I presided in the Appeal Court one day with two other judges, and to my surprise I again saw the prisoner, who again came to plead his own case—on this occasion it was a Petition of Right—again I knew nothing of the fact beyond what appeared on the papers, but it was a question of law that had to be decided—the prisoner, it appeared from the papers, had been appointed chaplain to an industrial school at Brighton; the guardians of the poor, the governing body, had dismissed him from the office, and the prisoner presented a Petition of Right to the Queen to reinstate him—that petition came on to be heard before Vice-Chancellor Malins upon a demurrer which was put in on the part of the Crown, on the ground that there was no remedy by Petition of Right for anything of that sort; it was a mere question of law whether the Petition of Bight was the proper form—the Vice-Chancellor allowed the demurrer on the ground that it was not the proper mode of proceeding to be reinstated in such an office, and I happened to be the presiding Judge in the Appeal Court on the day that the appeal by the prisoner from that decision came on to be heard—I paid particular attention to the prisoner's demeanour on that day in consequence of an observation made to me by Lord Justice Thesiger, who sat on my right—I heard the prisoner, I hope, with very great patience, and I believe my brother Judges did the same—he made a very long speech that had not the slightest bearing upon the
legal point to be decided—he recounted to us his divers grievances, and the efforts he had made to obtain redress and the way in which the world in general had conspired against him, and showed how these charges were ill-founded, and so forth—he accused divers persons of various acts of misconduct towards him—I did not attempt to explain to him on that occasion that all that was beside the question, for I felt it was useless—when he had finished, I said, in very few words, that it was quite plain that the Petition of Right was not the proper remedy for any such grievance as he complained of, and the Court agreed with the Vice-Chancellor and confirmed his decision—I hoped that would have been the last occasion I should have seen the prisoner, but it was not so—next week I was again presiding in the Court of Appeal when he came before the Court with an exparte motion—I explained to him that he could not make an ex parte motion against anybody in that way without giving notice; there-upon he said he would give notice—I was not at the Appeal Court the next week, therefore I cannot say what occurred, but the following week I was there again, and the prisoner again appeared, and he said he had a new ground to move upon, that he wished to set aside the judgment of the Vice-Chancellor on the ground of corruption in the Vice-Chancellor, that he had discovered that the Vice-Chancellor was a corrupt judge and that he was entitled to set aside the judgment on that ground—of course it was useless to attempt to persuade mm that that was nonsense, and when he persisted in going on, I said to him that if he went on with such language I should be compelled, most reluctantly, to use my power by directing that he should be removed from the Court, and not further interrupt the public business—he said he would not put me to that, and he bowed and went away, and that was the last time I saw him previous to my seeing him at the entrance of the Rolls Court, and beyond that I know nothing of him—his demeanour at the Appeal Court was decidedly irrational—his address was incoherent and irrelevant and seemed to me to show distinct signs of delusion—he seemed to think that everybody was, more or less, in a conspiracy against him, and those who have experience in those matters know that is a very common sign of the mind giving way; he repeated that several times—he appeared to me under a distinct delusion as to Vice-Chancellor Malins being a corrupt judge; he had no evidence of corruption, nothing but his own assertion, but he seemed to be under that belief, and that belief appeared to be also a delusion—when he was asked on one occasion why he said so, the only answer he could give was that on another occasion in the Appeal Court, when Lord Justice James presided, he had been allowed to call Vice-Chancellor Malins a corrupt Judge without reproof from the Bench, and that that showed he was corrupt Judge—that was what he told us, and I thought that was evidence of delusion.
Cross-examined by the Prisoner. I saw you just at the entrance of the Rolls Yard in Chancery Lane when I drove in; I am quite sure of that—I do not know the noise that a pistol makes when it has a stone in it—I never fired one with a stone—I should not say that the greater the noise the less likely is the pistol to be loaded; there is a difference in the kind of noise, it is difficult to explain; the loudness would depend to a certain extent on the quantity of powder—I think I recollect you stopping me in the delivery of my judgment in the Collation case—I gave my opinion, not that the charge against you was proved, but that if proved it was sufficient to warrant the governing body in dismissing you, and that was the point
which I think you did not quite understand—I should be very much surprised to hear that an ex-Lord Chancellor took your view of the question—I do not think I said when you were in custody that I had every reason to believe you insane, but that there was reason to believe so—I said that your Petition of Right was of a very absurd character—I don't know who advised Her Majesty to sign it, but I presume the Attorney-General; it would be his duty to authorise it. (The Prisoner here read a portion of his petition, which set forth certain complaints as to his dismissal.) I have decided, in conjunction with my colleagues, that that petition is not within the cognisance of the Court of Chancery, and I now say that it certainly is not—you have certainly made, I should say more than twice, a protest against what you call an unrighteous judgment—you were not punished, because Judges are very reluctant to commit men for contempt when it is merely by improper language; that is the only reason; I could have done so had I thought fit—it is quite possible that on one of the motions you said "Your Lordships are cruelly forcing me to break the law in order to state my case"—I have no recollection of that expression, you said so many things—very possibly you may have said that the charge of perjury was ruinous to a clergyman, I don't remember it—I used the expression "I am sorry it should have occurred," because I was naturally sorry; first, because I had run, as I thought, the risk of being killed, and next, because I thought that an unprovoked attack upon a Judge for deciding a point of law was a very bad example—I certainly did not feel that I had acted unjustly in the Collation case; I thought the demurrer which was put in by a very experienced counsel was a good demurrer, and I so decided.
By the COURT. I came to the conclusion that the prisoner's act was that of an insane person, from the delusions under which he laboured and his demeanour altogether.
WALTER BARNARD . On Friday, 22nd February, I drove the Master of the Rolls in my Hansom cab to the Rolls Court—as he was stepping out of the cab I heard the report of a pistol—I looked round and saw the prisoner advancing towards the Master of the Rolls—I can't say how near he was standing to where I was sitting on my cab, because he fired from the back of me—when I turned my head he was then, I think, by the side of me, walking towards the Master of the Rolls—I felt the name of the pistol pass by my ear as I was leaning over—it was a loud report—I heard the prisoner say "My name is Dodwell"—I got off my cab, and the constable took the prisoner into custody—he said "I have done it," or "I did it," I can't say, which—"Officer do your duty;" something to that effect; I was rather excited at the time, I can't be quite sure.
Cross-examined by the Prisoner. I was not called before—I should think you were about 4 or 5 feet from me when you fired, but I can't say, as you fired from behind me—you then stepped forward towards the steps.
CHARLES ATHERTON . I am an usher at the Court of the Master of the Rolls—when the Master of the Rolls arrived I saw the flash and heard the report—I did not recognise the prisoner at the time, but I saw a person where the flash was; I should think he was standing about a yard from the tire of the right wheel of the cab.
Cross-examined by the Prisoner. You could without any difficulty have come close up to the Master of the Rolls if you had chosen—you discharged the pistol, I should think, about a foot wide of the right wheel of the cab, not broadside of his lordship, just as ho was stepping out of the cab—Hayes
had hold of his lordship's right arm—I believe he had not got his foot to the stones when I saw your arm go up and saw the flash and heard the report, and I saw his lordship put his hand up to his ear and I immediately ran down three or four steps and got hold of you—you were in a line with his lordship when you fired—Mr. Hayes was behind you and Sir George Jessell.
WILLIAM WHITING (Policeman E 511). I was on duty at the Rolls Court on Friday morning, 22nd February, about a quarter to 10—my attention was attracted by hearing a report of firearms—I was in the police room in Rolls Yard, not outside in the yard—I ran out immediately and saw the Master of the Rolls going into the hall—the prisoner said "I have done it"—I said "What have you done?"—he said "I have shot the Master of the Rolls, which is what I intended to do"—he also said that the Master of the Rolls had—did him out of two rights—he said that in two breaths—he repeated as far as "had"—I had hold of him at the time and pulled him round, which caused him to stop in his sentence, and then he said "did me out of two rights"—I saw the pistol in his right hand—I took it from him, the barrel was quite warm, the hammer was half-cocked—I searched the prisoner and found on him some money and a canister containing some No. 2 gunpowder, 18 percussion caps, a notebook, and this letter, which he wished me to post. (Letter read, addressed "Mr. Taylor, Tobacconist, No. 1, Moor Street, Soho, Feb. 21, 1878. Strictly private. My dear Sir,—I beg leave to ask you the very great favour of going over to see my wife on the top floor front, and break to her the fact that I am in custody for assaulting one of Her Majesty's Judges. After five and a third year's of incessant struggling I have come to the most unwelcome conclusion that I can gain a hearing, not a grand thing for any man in any country, only by breaking the law. All the press, with one honourable exception, have deliberately refused to admit my statement, and even to say sideways that I have been unlawfully treated—as all my statements are on affidavit, I firmly trust that God, who demands truth in his rational creatures, will bring me out of my very great trouble. All my necessary papers are in my little portmanteau. Signed, HENRY J. DoDWELL.") I know the prisoner by sight, I had seen him on three or four occasions—I searched to see if I could find any trace of a bullet on the wall—I was not able to find one.
Cross-examined by the Prisoner. I said before the Magistrate "I found no bullets on him"—Mr. Flowers said to me "Did not he say 'had done him out of two rights'?" and I said "No, your worship, had 'did'"—I say so now—I don't remember your saying that the Lord Chancellor had refused you your right of petitioning against forged returns—I have not the slightest recollection of your saying so—Bow Street is about half a mile from the Rolls Court—you said to me on the way there "Constable, do you remember me?"—I said "Yes, I do; on two or three occasions I have seen you in Rolls Yard and had conversation with you"—you also said something to the other constable in an under tone, which I did not hear.
ALBERT THOMAS WATSON . I am superintendent of the workmen at the Record Office—I assisted in arresting the prisoner—he said that he had petitioned, as I understood him, the Lord Chancellor on a Petition of Right, and that through forged evidence, or forged letters, he had been deprived of two life appointments, and he had resorted to the act to bring
the Master of the Rolls into Court in order that he might thoroughly state his case and bring it before the public, and that his case would then show in a different light—he also said that the case of the detectives would be trivial when compared to his—I have been a volunteer—I have fired many hundred rounds with a rifle, both ball cartridge and blank cartridge—I heard the report of this pistol—if it container no bullet it must have had some wad in it, or paper, or something rammed home very tight—in my judgment it seemed to be the report of a pistol that was loaded with a bullet—I assisted to search to see if I could find any bullet—I made a careful examination of the stone and brickwork of the Rolls House and failed to find any trace or indentation of any bullet mark.
Cross-examined by the Prisoner. I heard you say nothing about shooting—I was with you and the policeman the whole time—I did not leave you while you were in the office in Rolls Yard—I must correct myself, I did go into the Rolls House to give notice to Mr. Hayes that you were about to proceed to Bow Street, and for him to follow—I did not see the pistol fired—I do not know why it has no ramrod—I am not a gunsmith—I can't say that I ever loaded a pistol, and am not aware how it is loaded—I say my impression was that it was loaded with a bullet, by the sound—it was a very loud report, it made a great vibration, there seemed to be a sharpness about it—I should judge from my experience of the rifle that it had something in it that had been rammed home very tightly—not having fired a pistol, I can't say whether a bullet fired from it does not make so loud a sound—I don't say that it was loaded with a bullet, I thought so—I did not say at Bow Street that I thought it was not loaded with a bullet—I don't think I was asked the question—I will not be sure whether I was or not.
WILLIAM PARSONS . I am a law stationer—I heard the report of this pistol, and about an hour afterwards I looked for the trace of the bullet, but could not find any—in my judgment, by the sound, there was nothing in the pistol beyond paper; there must have been paper in it to cause the loud report—I did not find any paper.
Cross-examined by the Prisoner. I heard the report distinctly—it would make a sharper sound without a bullet, if it was properly loaded—the proper way of loading a pistol depends upon what kind of pistol it is—if loaded from the muzzle you would ram it down; it is not usual to have a ramrod always, some have and some have not—I have rammed them home with a piece of stick—I don't think this pistol unscrews—the Magistrate asked me if there was a stone in the pistol, and I said I should think not—a stone makes a buzzing noise if it was not round, not if it was like a marble, it would make a sound like a blank cartridge—this pistol made a noise like a blank cartridge—I was in my back office when it was fired, about 30 yards off—you were about a yard behind the cabdriver at the time, at least by the side of the cab; of course you were behind the driver—I saw the pistol fired—I was in my back office on the second floor.
Re-examined. I have fired a stone out of a pistol, but many years ago—the sound I heard would not be produced by firing loose powder; there was something besides the powder, but that something, I should think, would be paper or a wad, because the powder would have made but little noise had there been nothing behind it.
By the COURT. I don't think the report could have been produced by powder merely, unless the powder was rammed down with something
—a pellet of wadding would be calculated to do considerable injury—I should call that a destructive material.
HENRY WOOD . I am a chief inspector of police—I was at the police-station at Bow Street when the prisoner was brought there in custodyhe gave his address 19, Moor Street, Soho—I did not go there then—I entered the charge in the ordinary way and read it to him; it was "Feloniously discharging a pistol at Sir George Jessell, Master of the Rolls, one of Her Majesty's Judges, with intent to murder, or to do some grievous bodily harm, at Rolls Yard, Liberty of the Rolls"—he said "I have been deprived of two livings and I wish to bring my case before the public"—he was calm and quiet—I afterwards assisted in making a search at Rolls Yard to see if I could find any bullet or other missile, but found nothing, or the trace of anything.
By the JURY. The wall where the pistol was fired is 14 feet high, and there is a yard beyond it 16 yards by 10 feet, between two blocks of buildings; they have been searched—the wall is 19 yards from where the prisoner stood.
SAMUEL GOUGH . I am a general dealer, and keep a shop at 22, King Street, Covent Garden—I sold this pistol to the prisoner on 18th or 19th February, in the evening—the barrel is intended to unscrew, but these common ones very seldom do in practice—there is a thread on it—if put into a vice you could unscrew it—I was in distress at the time, my son had died two or three days before, but I did attend to the prisoner—when he came in he said "I want a common pistol"—I took three out of a drawer, a single barrel, a double barrel, and a revolver, and placed them before him, and told him the prices—he said "I will take this, the lowest price, the commonest"—that was 2s. 9d.—I believe he asked was it strong enough or safe enough for powder—I pointed to the proof mark and said "There is the proof"—there is a Government proof mark on it—he said "How do you load it, does it unscrew?"—I said "It is only usual to load these cheap ones at the muzzle with a stick"—he seemed to be satisfied with that, and asked if I sold powder—I said "Yes, but only in canisters, not loose"—he asked if I kept caps—I said "No," but I gave him a few, and with that he left—I did not sell him any powder, and not a word was said about bullets or a bullet mould by him or by me.
Cross-examined by the Prisoner. I don't remember your saying that you did not require it to unscrew, but I considered you did not require it by your manner, that you were not particular about it—I know this was on the Monday, 18th, or Tuesday, 19th, because my son died on the 14th, and I was not there till the 18th or 19th, and he was buried on the 20th, and I was not at business that day or on the Saturday previous.
SYDNEY ROBERTS SMITH . I am the Governor of Newgate—the prisoner has been in my custody since his committal—I have seen him write and have had many letters pass through my hands—he told me that he had sent a copy of Latin verses to Mr. Justice Denman, and also to some one else, but I forget the name he mentioned—I believe this letter (produced) to be in the prisoner's writing. (This was addressed to Mr. Justice Denman, enclosing a copy of the Latin verses, and contained an enumeration of the alleged wrongs he had sustained in being unjustly deprived of his chaplaincy and mastership, and of his unsuccessful attempts to obtain redress in the Courts of Law.)
Trinity College, Dublin, and Senior Gold Medallist in Classics—I have made a translation of these verses which, in my judgment, is correct. (Read: "Thus spoke lately the Master of the Rolls. Oh, Press, enable me to deceive, enable me to appear just and upright, throw the darkness of night over my sins, and a cloud over my frauds; and let not the shouting boys and hoarse girls vend their wares in Fleet Street or the Strand, lest the Queen, as she runs through the evening papers, may read the unjust judgment, and the well-founded complaints of the oppressed suppliant, and the words of Her Majesty despised; and lest the Lady, who rules over Asia, as an avenger may demand satisfaction both for outraged shame and broken faith. May you suppress with me all rights, divine and human.
"The Press: Here is your suppressor, if I can be, oh excellent Judge! you who grant one measure of justice to the powerful, another to the needy. Thus have we determined to help the side that is strong."
The Prisoner, in a long address to the Jury, stated that the real reason of his being in the dock was this, that it was the only means by which his wrongs could he stated and redressed; that he had been by false accusations dismissed from his two appointments, and had in vain endeavoured to obtain a hearing, first at the Local Government Board and the Charity Commissioners, and subsequently in the Courts of law. He detailed the mode of his proceedings there, in which he considered he had been harshly and unjustly treated, but denied that he had any intention to injure the Master of the Rolls, or that he harboured any feelings of vengeance towards any of the learned Judges.
THE MOST HONOURABLE THE MARQUIS OF LORNE was called by the prisoner, with a view to show that he had addressed to him a letter asking his Lordship to convey to the Queen his (the prisoner's) deep regret at being compelled to break the law; but upon objection the COURT ruled that such evidence was inadmissible.
LIEUTENANT-GENERAL SHUTE, M. P . I recollect a request being made to me by the prisoner, either verbally or otherwise, to lay a petition before the House of Commons—I can't recollect the precise month.
The Prisoner proceeding to ask the witness whether he had said that petitions were usually thrown into the waste paper basket, the SOLICITOR GENERAL objected, and the COURT ruled that the question could not he put.
WILLIAM TAYLOR . I have known the prisoner about 12 months' by coming into my shop—I was surprised to hear that he was called insane—I have never seen any insanity in his case, certainly sometimes excited about his case that he had in the Courts, but not insanity—I am a tobaoconist, living nearly opposite to him, and he used to drop in to read the paper—he has complained to me of having been turned out of two life appointments through forgery and false charges, at which the Government had connived, to which charges he was not allowed to give an answer, and when it was too late the Charity Commissioners said the law had not been complied with; that he had been turned out of his house, and his goods sold—he said that in the second Court of the Empire he had stood up and supported his claim—he never showed any angry feeling toward the Judges when he described to me their conduct—he always spoke on the subject of his case, but never with any angry feeling whatever—he said that for the honour of his country he wished he had not lived to see the day in which three Judges had treated him, as he thought badly, and if it could be made known he would not be allowed
by reflecting persons to be treated in such a manner—I always understood that it was a hearing he was aiming at, and that he could not get a hearing; not revenge—he always maintained that every man had a right to be heard, and that he had been endeavouring to be heard so that he might be vindicated from the charge of lying and perjury; so we all believed; and that he might get redress for what he had suffered—I never heard him abuse the Judges, or any of his oppressors; I always remarked that he was so particular in that—he never talked about any one with ill feeling, or passed a joke upon any one, or anything of the sort.
Cross-examined by the SOLICITOR-GENERAL. He never abused any of judges, only to say that he could get no hearing—he called them corrupt, of course; that was what he did say—he made charges, but did not use abusive epithets; having lost a case myself, we felt a little for each other—I did not try to get a hearing by firing a pistol at the Judge—I can't say that I investigated any of the cases that he said he had been wronged in—I knew nothing about them, only from what he told me—he has occasionally shown me papers—my judgment about his sanity or insanity would in some way depend upon whether he related facts or whether they were delusions—he did not tell me how he was going to get a hearing—I was with him till half-past 11 the night before—he did not tell me then how he was going to get a hearing—he was just the same as usual—I had no idea of his going anywhere next day.
Re-examined. I don't remember his showing me the Petition of Right, he has shown me some papers, but of course some that I did not understand.
WILLIAM HORTON . I am manager of the Strand branch of Cooper and Co., tea merchants—the prisoner never led me to think that he was wishing for revenge in this matter—I never heard him say anything against the Judges, only that his application to Vice-Chancellor Malins has been wrongly dismissed, that they always set him down, and that his object in what he was doing was to get a hearing—I never heard him speak of any of the Judges in an angry tone, or wishing to do them harm, quite the opposite—he has talked it over with me about eight or nine months almost every evening—I knew him as a customer—he used to talk to me of his grievance—I read all the Brighton papers—I walked up the Strand with him on the Wednesday before this unfortunate circumstance came about—we walked to Endell Street, and he told me then that he must do something desperate, for he would be heard—I heard of his arrest on the Friday he told me that he was a ruined man, that he could get no employment whatever, that the Bishop of Exeter refused to sign his papers, for no reason—I cannot recollect his telling me that he had put before the Bishop certificates of 28 years' continuous character—he said he had put before him testimonials of some duration.
AGNES GOWER . I am matron of the Asylum for Imbecile Children, at Clapton—I lived as matron at the Industrial School, at Brighton, where the prisoner was chaplain—I have heard him express a determination not to rest until an inquiry was granted, and that it was that which he was so anxious to obtain.
The Prisoner proceeded to ask the witness several questions as to the conduct of the guardians, which being objected to, the examination was not continued.
The JURY found that the prisoner had fired the pistol, but that it was not charged with any material calculated to kill or do any serious injury, and that he had no such intent. NOT GUILTY .
366. HENRY JOHN DODWELL was again indicted for a common assault upon the Master of the Rolls. (The facts in this case being exactly the same, and SIR GEORGE JESSELL, MR. WHITING, and MR. HAYES proving the assault, the JURY found the prisoner NOT GUILTY on the ground of Insanity . Ordered to he detained until Her Majesty's pleasure be known .
NEW COURT.—Friday, March 15th, 1878.
Before Mr. Recorder
MESSRS. MEAD and GILL conducted the Prosecution; MR. GRAIN appeared for Horn, and MR. FULTON for Shuttleworth. MOSES Moss. I am an artificial florist, of 8, Hackney Lane, Hackney—I know Horn—I saw him on 19th October at the Cock Tavern, Hackney—he introduced me to a man named Leo—on the 22nd October Horn came to my place and selected artificial flowers to the amount of 2l. 1s.—I asked for payment in cash—he did not pay then, but said he would call on the 24th—he did call on the 24th, and handed me this cheque for 4l. 19s., drawn by S. T. Shuttleworth in favour of Horn, and endorsed by Horn, but there was no address—I gave him 2l. 18s. change and he left with the goods—he said "Shuttleworth is a respectable man and lives in Shoreditch, and I. got the cheque from him this morning at seven o'clock"—I presented the cheque at the bank at 9.30, next morning, and it was given back to me marked "No effects"—Horn had given me his address in King Edward Street, Dunstable—I did not see him again until I saw him in custody—my suspicion was excited by the hurry in which he went away.
Cross-examined by MR. FULTON. Leo is not in custody—a man who said he was shuttleworth's father-in-law afterwards called on me—he did not offer me my moneys—he said he would call next morning with it—he made no explanation.
Re-examined. He said that his son-in-law was a bad fellow and he was sorry to see him in the scrape he was—that was after he was in custody.
WILLIAM BEALE . I keep the Crown Hotel, Victoria Park—I knew Horn as a customer before 22nd October—between that date and October 31st he asked me to cash this cheque for him. (This was for 5l. 18s. drawn by S. T. Shuttleworth in favour of Mr. Leo or order on the London and Westminster Bank, endorsed A. M. Leo.) It was not endorsed when he presented it—he said he knew Leo perfectly well and would endorse it for him—he said "I know Shuttleworth perfectly well and the cheque will be all right"—I gave him six sovereigns and he gave me 2s. change—I passed it into the bank and it was returned marked "No effects"—I mentioned the fact to our billiard marker, who followed him, and I afterwards received these two letters without address: "November 4th. Dear Sir, I very much
regret that the cheque you cashed as not been met, but I was induced to purchase the goods from the cash, and have them on my hands now. I shall now dispose of them, &c.
W. HORN." I afterwards received this other letter: "November 7th. Sir, I was unable to keep my appointment at four o'clock yesterday has I promised Mr. H., but shall keep my promise to-morrow. Trusting you will wait, W. HORN. "I never saw him again—I have not been paid the amount of the cheque.
CHARLOTTE ATTHAWES . I am a milliner and am the" wife of Edwin Atthawes, of Acton House, Acton—on a Tuesday, in November, Horn came to my shop—I had never seen him before—I knew his name—I knew that he had an account with my husband in the name of Laflin—he said "I owe you a small account" and asked to see my husband—I said "He is not at home"—he said "You will do"—he said the account was 14s. 3 1/2d. and that it had gone on since last year, November 13th—I looked into the books and found there was such an amount owing in that name—I made it out from the book in pencil and gave it to him—he gave me this cheque. (This was for 4l. 14s. on the London and Westminster Bank in favour of Mr. Laflin or bearer, signed Louis Miller.) It was not endorsed—I asked him to endorse it—he said I am going to travel in infants' millinery and hope to take a good order from you next week—I gave him 4l. in gold and he gave me 3 1/2d.—I gave the cheque to my husband.
EDWIN BRIDGE ATTHAWES . I am husband of the last witness—I know Horn in the name of Laflin—he came to my shop about a year before last November and gave me an order for blinds which came to 14s. 3 1/2d—I sent them by my boy with orders not to leave them without the money, but they were left and were never paid for till my wife got this cheque—I paid it into the London and South Western Bank and it was returned marked "No account"—I afterwards saw Horn in custody at Chiswick station—on the 23rd November I went into the City with Sergeant Turner, watched with him and saw an old man take some letters from a house in Ludgate Hill—Shuttleworth and Co. was on the door-post and on some doors on the third floor; a card hung on the handle of the door, "Return in an hour"—we remained some time and went there twice—we had been there the day before—I saw the name of Gudgeon on the door on' the opposite side of the landing—we followed the old man with the letters, to the Bell and Bull public-house, Ropemaker Street—I saw a man standing at the door whom I have not seen since—I afterwards saw Shuttleworth outside the public-house—I asked him if his name was Laflin—he said "No"—I said "Perhaps it is Horn"—he said "No"—I said "You have been in Horn's company"—he said "I was once down at Acton with him"—I said "Well, I want to find him"—he said "I don't know where he is, I think he is in the country"—I ultimately said "Your name is Shuttleworth"—he said "Yes, it is," and seemed very much surprised at my knowing him—I said "Well, can you find Horn for us?"—he gave us an address somewhere in Holloway and mentioned a number of public-houses which Horn was in the habit of frequenting—he said he had no money or he would go with us to find him—I said "Never mind, I will pay"—we went to a great many public-houses but did not find him—Shuttleworth was taken into custody about two days afterwards—Gudgeon was with Shuttleworth at the Bell and Bull and he met us again in the afternoon—they were all together.
Cross-examined by Gudgeon. It was on Friday morning, 23rd November,
I saw you with Shuttleworth in Ropemaker Street—you had a pair of lustres or a chimney ornament under your arm—you told me your name was Gudgeon—I think you said you lived in Holloway, and Would give me your address in Spencer Road in case I wanted you.
JOHN WILLIAM GRAY . I am a draper, of 3, High Street, Acton—on 13th November, Horn came there and said he had come to square up a small account he owed us—I did not know him—he gave his name Horn, and then I recollected that a person of that name owed us something—I told him that ours was a strictly ready-money business and I had destroyed the book, considering it a bad debt—I offered to take 30s.—he said he would rather have the particulars—he offered me this cheque for 4l, 15s. (This was drawn by Louis Miller to Bearer, and endorsed W. Horn,441, Old Ford Road.) He endorsed that voluntarily in my presence—gave him the change, 3l. 15s., paid the cheque into my bankers, and received it back marked "No account"—I received a communication from Mr. Atthawes and knew it was no good—I did not see Horn again till he was in custody—I have never been paid.
ADOLPHUS STEVENS . I am a grocer, of 12, Clarence Street, Nottingham—I have known a man named Leo, a general merchant, in Liverpool, about 17 years—in December last he introduced Horn to me, I do not think he gave a name—he said this is a friend of mine, and I ultimately knew him as Horn—I recommended Leo and Horn to some apartments, and they set up business in the town as Mortimer and Co., auctioneers this is one of their cards; "W. Mortimer and Co., Agents and General Factors, Nottingham"—next day, I believe, Horn asked me to purchase this seal skin jacket (produced)—my wife bought it—he said "I travel in them and this is a sample which was left"—he said he was short, and asked my wife to buy it—she gave him 6l. or 7l. for it, and we have had it ever since, till it was given up to the police—Leo afterwards showed me the ticket of another sealskin jacket—they were both together—he asked me if I would redeem it, and he could sell it—Horn mentioned the name of a very respectable man where he said he could sell it, a large firm in Nottingham—I redeemed it—I sent the money to Northampton and got it—I pawned it again in London for 3l. 10s. because I was rather short—it was a better quality than this—I took both jackets to the wife of Superintendent Pickering, of the Nottingham Police—I was present when Horn was taken into custody at Nottingham—one of the County Police came down and said "I want Mr. Horn"—he said "That's not my name"—he said "Well, if it is your name or not, I shall take you"—he read the warrant to him in a beerhouse—Horn said "It is not me, you make a mistake," when he was taken to the station.
Cross-examined by MR. GRAIN. I have been a grocer about eight months—before that I was a sergeant of police in Nottingham—I left about 18 months ago because I got into trouble—I had to collect some money and did not deliver it up—I was convicted of embezzlement and dismissed the force—I have been in Hamburg and Berlin before I was in the police—I am not an Englishman—I have not been in trouble over there—I came to England because business was rather bad—I had agencies there—I did not fail, I gave it up and went into the police—I remained here about three years, and after I came out from my imprisonment I took this shop—I knew Leo in Liverpool, but not in Germany—I did not come from Germany to Liverpool—I
arrived from Melbourne—I had gone from Hamburg to Australia—I did nothing there—my money was gone and I came home—that was the time my mother died, when I had a little money left with which I opened a beerhouse in Liverpool—Leo had an office there—I did not know what goods he dealt in—I only saw him now and then, when he came into my house—Leo was his right name—he is a Russian—I have not seen him since, he has left England—he did not run away from Nottingham, he took the train—I lent Leo 10l. in December—I believe it was a day or two after I saw him, after Horn left Nottingham, and walked out with him—three days after Horn was taken.
JAMES THOMAS . I am a furrier, of Union Passage, Birmingham—on Saturday, 17th or 19th November, Horn came there and asked to see a man named Burnham, who was in my employ—Burnham was not in, and he said he would wait—while waiting he looked at some sealskin jackets and bought one lined with fur for 3l. 15s., and a tie for 2s. 6d.—he gave me in payment a cheque drawn by Louis Miller in favour of William Horn for 9l. 13s., and I gave him 5l. 17s. 6d. change—after that he said he should like to have a sealskin jacket on approval—he took the sealskin jacket and tie away with him—this card was afterwards brought to me by the boots of the Lion Hotel—I believe it to be Horn's writing—I had seen him endorse the cheque. (Read: "Mr. Thomas, Red Lion, Commercecial Hotel. Dear Sir,—If you will send by bearer sealkin jacket on approval until Monday you will oblige yours obediently, W. Horn.") In consequence of that I gave a sealskin jacket, value 7l. 7s., to the boots, and on the Monday I received this telegram: "From Mr. Horn, Bedford Restaurant, 22, High Street, Islington. To James Thomas. I have sold two sealskin jackets same shape as received, same quality, for two sisters, hotel proprietors. Let them be good. Send first passenger train, Euston Cloak room. I meet them. Call on you tomorrow on my way to Manchester, with cash. Reply paid. Say what train they leave." In consequence of that I sent two sealskin jackets to Euston station by train—I paid the cheque into my bank, but it was returned, marked "No account"—I have never been paid for any of the jackets—I saw them at Hammersmith—the marks are taken off, but I believe them to be mine.
Cross-examined by MR. GRAIN. After we had done business I went and had a glass of something with Horn—Burnham has known Horn as a traveller for some years—when we went into the public-house we met a traveller, of the firm of Bradbury, Greatorex, and Co., who spoke to Horn, and said he had not seen him for some considerable time—I said before the Magistrate "It is not usual to take the cheques of a stranger and give the balance," but I knew the traveller, and he spoke well of Horn—I did not ask his opinion of him, but he did not say anything against him.
CHARLES LLOYD . I am cashier at the London and Westminster Bank, Lothbury—Shuttleworth became a customer in October, 1876—this (produced) is the pass-book we gave him—there was a balance in his favour on 13th February of 3l. 15s. 5d.—on 18th March he had overdrawn to the amount of 5l. 17s. 7d.—between these dates he had not paid in anything, but about 25 cheques had been presented and returned dishonoured—when we had dishonoured about a dozen this letter was written
under my direction: "10th March, 1877. Sir,—I beg to inform you that your account is overdrawn to the amount of 5l. 17s. 7d. Please to give it your early attention." I afterwards called on him at, I think, 51, Bishopsgate Street—there was an elderly man in an office upstairs on the first floor—there were some engineer's tools and books there—I did not see Horn there—I went there, I should think, about a dozen times—I wanted to see Shuttle worth respecting the overdraft—this (produced) is a debit note for 100 cheques supplied to Shuttleworth on 18th September, 1876—the numbers are from 985601 to 985700—this cheque marked A is signed in Shuttleworth's writing—I should say the body is his—I have no doubt whatever of the signature—here are three in the same name—we have never had a customer named Louis Miller—I have no opinion about the writing of the cheques in that name, but they came from the same chequebook—after the entries by our clerk in the pass-book here are some entries by another person whose writing I do not know, three debits and one credit—it has never been balanced since 13th February—the account was then closed and the amount written off as a bad debt.
Cross-examined by MR. FULTON. Between October, 1876, when the account was opened, and January, 1877, 403l. 11s. 10d. belonging to him passed through our hands, and between January and February 79l. odd—"No effects" was written across these two first cheques, and "No account" across the others—our letter was not a formal closing of the account—400l. passing through our hands between October and January would not impress upon us that he was not doing any business at all—if. any money had been paid in after that we should have put it to his credit, but not after the account was overdrawn, as it was dosed then—when, an account is closed it is the custom to write "No account"—we use our own discretion as to writing "No account"or "No effects"—if money had been paid in we should have taken it, paid ourselves, and sent Shuttleworth the balance—it is not our custom to send a notice to say the account is actually closed.
BENJAMIN COLLIER . I am manager at the Hope Foundry and Engineering Company, West Bromwich—on 26th October I received this letter. (This requested the witness to send prices of washing, wringing, and mangling machines, having an order for three, signed "S. T. Shuttleworth &Co., Ludgate Hill.") We sent prices and drawings, and on 3rd November I received this letter. (This was from 34, Ludgate Hill to the Hope Foundry and Engineering Company, ordering a sample of three different sites of washing and mangling machines, cash to be remitted at thirty days from receipt of the goods.) In consequence of that we sent the machines and a formal invoice, and on 6th December received this letter. (This was dated from 34, Ludgate Hill, requesting the Company to supply to Messrs. Gudgeon Bros, three washing and mangling machines, describing them, less 25 per cent, as they were for export, signed "S. T. Shuttleworth & Co.") We then wrote for a reference—we received no reply, and did not send the machines—these (produced) are the letters we wrote—I saw two of the machines at some auction rooms near the Angel, Islington.
Cross-examined by MR. FULTON. We let him have the three machines on a monthly credit without references, finding that his name appeared in the Directory three or four years previously—if we had not found it I suppose we should have made further inquiries—they are described in the directory as dealers in general machinery, or something to that effect.
Re-examined. I believed that "Shuttle worth & Co." were carrying on a bona fide valid business at that address or I should not have sent them, and that the goods were to be disposed of in the legitimate way of trade.
THOMAS ROBERTSON . I am a carman in the employ of the Great Western Railway—I work at Smithfield station—on 26th November, at 10.30 a.m., I took three washing machines to Shuttle worth & Co., 34, Ludgate Hill—I saw a card on the door, and waited half an hour—an old man came at 11 o'clock who fetched Gudgeon—I told Gudgeon I had three machines for him—he asked me whether I could take them back—I said "Yes, I can take them back and put the in the warehouse"—he said he wanted them warehoused because he had no room—I took them back.
Cross-examined by Gudgeon. I was not told by the porter that, weighing half a ton, they could not be taken upstairs—I did not know the weight—I have the bill.
JOHN COMFORT . I am an auctioneer, of 133, Upper Street, Islington—about 1st December Shuttleworth was introduced to me—he wished us to buy three washing and wringing machines which were lying at the Great Western goods department—he showed me an invoice—he said that he had to meet a bill which it was important should be met that day, and I agreed to purchase the machines for 13l.—I went and saw them—the invoice price was 15l. or 15l. 15s., which would be, I take it, subject to discount—they were delivered, and I gave him this cheque for 13l., which has been paid—one of the machines has been sold, and I have got two still—the invoice was similar to this (produced)—I find that with the discount taken off it would be still 15 guineas, but that would be subject to a further discount of 25 per cent, for cash—we sold one by auction for 7l., but an auction sale is no criterion—I saw no one with reference to the machines but Shuttleworth, but Gudgeon applied to me about the same time for a loan of 40l. on a promissory note signed by himself and wife.
Cross-examined by MR. FULTON. He stood out for 15l. for a long time—we made inquiries about him and found he had been in business some time in Bishopsgate Street—he said it would be a serious loss to him if he did not meet the bill—I was introduced to Shuttleworth by Mr. Gay, whom I have known for twenty years—he is a perfectly respectable man.
PARKER FIELD . I am the delivery foreman at Smithfield station—I remember three washing machines coming there on 24th November—they were sent to Ludgate Hill on Monday, 26th, and were returned—the 1st December Shuttleworth, and I believe Gudgeon, came with a third party who is not here—the three went into the office, and Shuttleworth said "Can you deliver them to-day at Upper Street, Islington? if you can it will be a great favour"—I said "I will try and do my best," it being Saturday—I met Baker the carman and told him to take them as soon as he could—this is the delivery note, the carman's sheet, and the way bill (produced) and I believe this is Shuttleworth's writing.
Cross-examined by MR. FULTON. The sheet shows the three machines weighed 8 cwt. 3 qrs.—they are cumbrous, heavy things.
THOMAS BAKER . I am a carman in the service of the Railway at Smithfield—on 1st December I delivered three washing machines at Mr. Comfort's place in Islington—while I was there Shuttleworth and another man very tike Gudgeon came in, but I cannot swear to him.
reciept for them—two men came—I can swear that Shuttleworth was one, and to the best of my belief Gudgeon was the other.
ANTONIO CANNON . I have an office in London Wall, and am agent to Mr. Cortie, Edgbaston Street, Birmingham, manufacturer of leather goods—I received this letter in October: "34 to 40, Ludgate Hill, 12th October. Sir,—Please send me samples of prices of pocket-books, purses, and wallets for States market, with lowest prices and terms. Order about 40l. References, G. Rayne, Thornhill Road, Leyton, and Holland Edwards, Esq., Chandos House, Barnet." I then went to Stationers' Hall Buildings and saw Shuttleworth's name there, but could not get in on the first occasion—I did on the second, and saw an old man—I left my card there and a message for Shuttleworth, and a few days after Gudgeon called on me and said he came from Mr. Shuttleworth in respect to an order for purses which was sent to Birmingham—he saw some samples at my place—the order had been sent to Birmingham and then was sent to me—he selected some samples to be made up for him—on Monday, 12th November, I took a quantity of purses and satchels, value 2l. 8s. to Ludgate Hill by Shuttleworth's orders—I delivered them to some oldish man—on 16th November I received this letter: "Dear Sir,—Our traveller being at present in Birmingham, we thought it best to let him call on Mr. Cortie and select. He has our letter with him, copy of which will be sent to you forthwith. S. T. Shuttleworth." On 21st November. Gudgeon called again and brought this letter; "Dear Sir,—We learn this morning that our traveller, through an accident whilst driving, has not been able to call on your principal in Birmingham, and we now hand you the order transmitted to him, &c."(Giving an order for purses, pocket books and other articles to the amount of 20l.)—I afterwards wrote to the two references and my letters came back through the dead letter office—Gudgeon then called again—I told him about the references and he gave me two others, to Mr. Newby and Mr. Smith—I saw Mr. Newby and I wrote to Mr. Smith, and from what I heard from them I did not execute the orders—I have never been paid for the samples—I saw them again at Hammersmith police-court in the pawnbroker's possession.
Cross-examined by Gudgeon. I did not see you at Shuttleworth's office in. reference to the letter received from Mr. Cortie—I first saw you when you came to my place about samples—you said you were Shuttleworth's representative—you said you were going to leave Mr. Shuttleworth on the 1st December, but you did not say you had better take out the order for your brother in America and yourself—you said you had taken a situation as manager and correspondent to a highly respectable firm in the City, and I knew you were there—I saw you there—I brought you an order there for 700 tons of potatoes, value about 1000l.
Re-examined. I did not sell them—it was thought that you being in a situation, you ought not to sell them without a written offer—they have since been sold.
GEORGE FARMER . I am a pawnbroker, of 14, Amwell Street, Pentonville—on 13th November these seven wallets, four satchels, and some purses were pawned in the name of Henry Gudgeon for 1l. 7s. I asked him about the ownership and he produced this invoice receipted—I believe Gudgeon is the man.
Cross-examined by MR. FULTON. I could not identify Gudgeon at the police-court till I heard him speak just as the Court was broken up—I then identified his voice,
Cross-examined by Gudgeon. I identify you now as pledging those goods—it was, I think, about 11 a.m.
Re-examined. He has the same appearance, and having heard his voice makes me positive.
LEWIS GUNNELL . I am in the employ of Mr. Thomas, a fancy warehouseman, of 13, Bull and Mouth Street, City—on 13th January, 1877, Gudgeon called in Gresham Street, where the business is carried on, to inspect some fan-holders and dress-holders which had been ordered previously—he said that he wished to send them to his brother in the United States as samples to procure orders from—a copy of the order was sent in, with two references on the back of it, Shuttleworth and Co., and Rayner, of Leyton—I wrote to both of them, but two days elapsed and I got no reply to either, so I wrote to Rayner again—I afterwards got an answer from Shuttleworth, but I destroyed all papers when the firm was dissolved—the reply stated that he had known Gudgeon Brothers, and believed them to be respectable people and trustworthy—I cancelled the order because the reply was not satisfactory.
Cross-examined by Gudgeon. The party who brought the samples resides in Leytonstone—I don't know why he is not called—I saw him yesterday morning—you ordered 50l. worth of goods as samples for New York and I wrote down the details.
ADOLPH SCHEZINGER . I live at 22, Rahere Street, Goswell Road—Gudgeon came to lodge at my house on 14th April, 1877, and lodged there 14 weeks—he paid 25s. rent—on 19th May he owed me 3l. for rent and gave me this cheque for 10l. on the London and Provincial Bank, Twickenham Branch, drawn by John Lyne in favour of Gudgeon Brothers—it was endorsed "Gudgeon Brothers," and he told me that he endorsed it—I gave him 7l. change—it was dishonoured and I have not been paid—he remained some time in the house, but I afterwards got him out.
Cross-examined by Gudgeon. I did not see you endorse it—Mr. Sang, of 251, City Road, gave me 10l. for it—I have not repaid him—there is another endorsement on it by Mr. Muntz, a jeweller, of Fore Street—I called at your office in Fore Street, and told you the cheque was dishonoured—you told me to go to Hawkins's and see a man who paid you the cheque—I did so and he said that he knew nothing about it—he did not say that he would pay when his father returned home—I went to his house again next day and you went with me—we saw young Bennett, who denied that it was his cheque—I did not hear him say that he would call at your office the next day and pay it—you did not tell me to go to the bank and make inquiries—I sent a friend to the bank at Twickenham—he did not come back and tell me that the bank said that the cheque was for a Mr. Sanfor—I asked you for the money several times and you said that you would pay me—I have not since that gone repeatedly to Bennett and asked him for the money—you promised me from day to day that you would pay me, and said that you had several hundred pounds to come in, but you did not pay me and I gave you in custody—that was not because you refused to give me 2l. or 3l.—I do not remember the detective saying that if I still persisted in asking you for money he would not take the charge—I did not tell the inspector that Bennett admitted that the cheque was his, I said that you had it from Bennett—the inspector did not advise me to prosecute Bennett—he told
me to sue you in the County Court, and I did so—you did not appear and I got a verdict for 10l., but I could not get my money—you told me something about having 200l. due to you from Bordeaux—I will swear that Bennett has not paid me any portion of the cheque, nor has anybody on his account—I did not go to Bennett about the end of August to ask him for the money—I went to see him as a friend, and he advised me to give you in charge, and said he would help me, and you advised me to give him in charge—I did not say "No, I am sure he will pay me"—he told me so before he came up—you lived with me till the end of July, two months and a half after I had the cheque.
Re-examined. I heard the prisoner was in custody, and went to Mr. Wontner, and he told me to attend at the police-court—there is no truth in the statement that Bennett admitted that he drew the cheque.
EBENEZER LAIRD . I am manager of the Twickenham branch of the London and Provincial Bank—I recollect a cheque being presented which was dishonoured—this (produced) is one of the forms issued by the bank in October, 1872; it is one of a book of 48 issued to Mr. St. Croix, and the account was closed the following March—there was then no balance, and when this cheque was presented on 26th May there were no assets to meet it—the account was closed in March, 1873—there was no account in the name of John Lynes, and never was.
Cross-examined by Gudgeon. This register (produced) proves that the cheque came out of Mr. St. Croix's book—he was a schoolmaster—I have not seen him since 1873—I was subpoenaed on 4th January.
SAMUEL TURNER (Police Sergeant 121 T). On 15th December I received the prisoners from the Nottingham police, they had been detained on a telegram—I told Horn that he had passed a cheque to Mr. Athawes, and mentioned the account—he said "That is correct"—I mentioned another on Mr. Gray—he said "That is correct"—I made this note at the time—I told him of the case of Mr. Moss—he said "That is correct, I shall make a clean breast of it, I have been led into this; I received two cheques from Leo, and one from Shuttleworth, they led me into it; I did not know they had no effects at the bank"—I mentioned the cheques received in the Bank of Birmingham, and the Bank of Nottingham, on the London and North-Western—I told him he had been seen in Shuttleworth's company on the morning after he had been at Mr. Moss's, he said "Shuttleworth had the money, he put me into that; the goods I received at Birmingham I sent up to Leo, and he received them at Euston station; I should like to make a written statement"—he wrote this statement at Hammersmith: "I hereby swear that I have only known Herman Martin Leo ten weeks, and that I have at no time written a cheque; but he has done all, purchasing them from a person known as Shuttleworth, and that a police summons has been heard today, Saturday, at" Worship Street police-court, for one on his own bank for which he received the cash. I can also swear he gave Shuttleworth several sums of money which he received, that he has sworn to me more than once, and in one instance I saw money passed for this purpose, and that he used fictitious names to induce me to cash them, saying they was all right, and in these instances implicated me when I had no guilty knowledge for the time being, but since come to my knowledge. W. Horn. "On the way to town he told me that he had left two sealskin jackets, and a gold watch and chain with Stephens, of Nottingham, who lent him 8l. on them, and said "Those were jackets we had from Birmingham"
—he had just been speaking of Leo—he said that the two jackets he telegraphed for were received by Leo—I first saw Shuttleworth in Ropemaker Street on 23rd November with Mr. Athawes outside the Bull and Bell—I was in plain clothes—I had followed an old man from Ludgate Hill there, and saw him deliver letters addressed to Gudgeon and Shuttleworth, who were together—after that Mr. Athawes spoke to them, and I joined in—I said to Shuttleworth "Where is Horn? I should like to see him"—he took me round to several public-houses, and afterwards to Hackney, on the pretence of finding Horn, but never found him—Shuttleworth walked away from Gudgeon, but he joined us afterwards—he left us when we went to Hackney—I watched the offices at Ludgate Hill from 23rd November to llth December—Shuttleworth's name was on the door and downstairs, and "Gudgeon, Private" on the opposite door—I could not get in—there was a card on the door marked "Return in half an hour"—I marked it and it was not moved—the old man fetched the letters every morning—I followed him on several occasions, and found that he did not go always to the same place—it was apparently arranged the previous night where they should meet—once while I was watching, some washing machines came there—there was nobody in the office, and they were taken away—I did not follow them—I saw it was a Great Western van—on December let I followed Gudgeon and Shuttleworth from Finsbury Street to the Smithfield goods station—I saw Field come out of the goods station, and they went with Field and the old man, who fetched the letters into a public house—I afterwards saw the van come up the incline with the machines on it, and followed it to Mr. Comfort's—Gudgeon and the old man also followed it, and afterwards I went to Mr. Comfort's and found them there—I found Shuttleworth in custody on 18th December in a beershop in Little Moorfields—I asked him if he would take a walk with me to see a friend, and I took him towards Falcon Square, where I met my inspector, who read the warrant to him—he said that he knew nothing about it—I mentioned a cheque uttered by Horn and
payable to Leo—he said "I thought Leo had destroyed that"—I told him that there was a cheque uttered by Horn to Mr. Moss—he said "I did that to oblige Horn"—I said "There are a number of cheques presented at the bank since your account was closed, from the cheque-book issued to you"—he made no answer—he led me to believe that he and Gudgeon were partners—he said when I was walking with him in Little Moorfields "Gudgeon has served me dirtily; he has left me"—I afterwards searched Shuttleworth's house and found all these documents. (One of them was a letter to Shuttleworth stating that his name had been given by Gudgeon Brothers as a referee, and inquiring as to their position; another was from Gudgeon to Shuttleworth asking for a hill for 70l, at two months, which he would discount at once; an I O U from Gudgeon to Shuttleworth dated 14th November, 1876, for 24s., repayable on December 1st, and a number of letters and documents showing a correspondence between Gudgeon and Shuttleworth). I also found this book—(This contained copies of letters from Shuttleworth to H. Edwards)—I took Gudgeon on 9th January, at 21, Great Winchester Street, in an office on the top floor—I told him I had a warrant to apprehend him for conspiring with Shuttleworth—he asked to see it, and read it, and then conversed in French with two persons in the room—he then said "I was merely an agent of Shuttleworth's"—on the way to Turnham
Green he said "I cannot understand the warrant"—I said "Three machines were obtained from the Hope Foundry"—he said "I merely wrote for them, Shuttleworth signed it"—I said "There were eight other articles written for by Gudgeon Brothers"—he said "I thought I had a customer for them"—I took him to the station—I know Horn's writing by seeing him write the statement, and I have seen him write several times since he was in custody—these telegrams, and this card, are in his writing.
Cross-examined by MR. GRAIN. I did not take it all down—I made this memorandum, to which I am referring, after the police-court, for my own guidance—I have not referred to the depositions for it—I had some rough notes before, in black lead, which I may have at home now—I did not make notes when I took the prisoners—I generally make my notes at the station—I said "I know you living under the name of Laflin"—I do not know that his wife's name was Laflin, but he has relations of that name—he told me that he had a cousin of that name living at Ealing—I do not know that his wife is confined in an asylum—he admitted that he had been living at Acton in the name of Laflin, and I said in a public-house "Here is Mr. Laflin, you are the man that is wanted at Nottingham under a warrant," and ne did not deny it—he at once admitted that he passed a cheque to Mr. Moss—we came back by train from Nottingham together—I did not see Stephens at Nottingham, but I saw him afterwards—Horn told me that he had been round the country with Leo, and had been to 17, Devonshire Street, where he had offices; and that they had just taken those chambers at Nottingham; and that Leo had gone down with him to Dunstable to get some goods from Horn's father, but they did not get them—he did hot say that Leo was going to engage him as traveller or clerk—he said "I believe Stephens and Leo have been connected together, and are the cause of my being apprehended, and I shall round on Leo, as it is a dirty trick to serve me after being together so long"—he said that he had received a number of cheques from Leo, who said he had a number of blank cheques in his portmanteau, and some forged bills of exchange—he gave me the impression that Leo was a very great swindler, and I have tried to apprehend him since I have had the warrant but have been unsuccessful—I saw a person at Nottingham who I was told was Mrs. Horn—he had taken a house there, but I did not see it—he obtained some furniture for it from Mrs. Routh, and when he was given in custody he agreed to give it up, and I believe it was fetched away—he allowed Mrs. Routh to have it back—I had a conversation with his wife at Hammersmith about Leo's visits to the house.
Cross-examined by MR. FULTON. When I took Shuttleworth I said "There are a number of cheques sent into the bank by you when your account was closed"—he said "I know nothing about them, I lent Leo my cheque-book, but not for an improper purpose."
Cross-examined by Gudgeon. I first saw you on 23rd November, outside the Bull and Bell—I think Mr. Athawes said "Your name is Gudgeon" and you did not deny it—Shuttleworth did not tell me you were his clerk—I did not tell you I was a detective and wanted Horn about a cheque—I did not mention the London and Westminster Bank—you were with me about an hour and a half—we went into the Bull and Bell and had a glass of beer—you left me outside Liverpool Street station—you did not meet me afterwards-—we went to Leo's office to make inquiries on the evening
of the 23rd—you said that if you saw Leo you could probably find Horn, as they were always together—we went to Broad Street station in the evening, and you asked Shuttleworth and myself to meet you next morning at 11 o'clock—I did not meet you but I saw you later on—I did not meet you several times by appointment—I met you promiscuously—you suddenly came out of the shop and spoke to me—I was on the watch at Ludgate Hill daily—I only recollect seeing you there once—I do not know when that was, I did not make a note of it, but it was prior to 1st of December—I arrested you on 9th January—when I brought the warrant you said "I was merely Shuttleworth's agent"—I said "I have the warrant and I must execute it"—when I took you in custody we went to Moorgate station, and you ran up some steps in London Wall to speak to a friend—I went after you as quick as I could—you spoke to Cannon and came down again—I did not read the warrant to Cannon, or show it to him—you asked as a favour to speak to Whitehead, and I let you speak to him in my presence—I had been looking for you from the time the warrant was granted—I had been watching a house at Kingston four hours that morning.
Re-examined. I made my notes soon after the conversations and copied these notes from them—I found this letter on Horn—this was addressed to Mr. Mortimer, and also this card—this document was found by the inspecter in the pocket-book and this other in Shuttleworth's house—I found a carpet bag full.
DALE WHITING (Police Inspector T). On 18th December I was with Turner in the City—he left me and came back with Shuttleworth in custody—I had a warrant for Shuttleworth's apprehension which Shuttleworth read—I found a pocket-book on him, in which was this letter—I found this post card on Gudgeon after he was taken.
JAMES DAVIS . I am hall porter at Stationers' Hall Buildings—some time in November Gudgeon came to me and Shuttleworth took two rooms there at the same time—their names were painted on the door, but no furniture came in—I very seldom saw them there—an old man came generally every day for the letters and I used sometimes to give them to him, when Mr. Wild, the manager, was not in—I saw no business done there—I remember some washing machines coming there in November—I had instructions from Mr. Wild to take in nothing unless people were there to receive them—I remember somebody watching there—I afterwards went into the room with the sergeant, but found nothing but a basket, some inkstands, and a few little odd things.
Cross-examined by MR. FULTON. Gudgeon's name is on the door now.
JAMES HENRY BRADLEY . I am clerk to Mr. Lang, agent to Stationers' Hall Buildings—I let a room there to Gudgeon last October—this is the agreement, which bears his signature, witnessed by me—at the end of September I let two rooms in the same building to Shuttleworth—this is the agreement signed by him—it is witnessed by Gudgeon—I have compared Gudgeon's signature on this agreement with his signature on the other agreement and I believe they are the same writing.
Cross-examined by Gudgeon. You called and asked me for orders to view some offices, and I introduced you to Mr. Crowhurst—I do not remember your telling me you had been a bankrupt—you introduced Shuttleworth about the end of September—he said he was living in Bishopsgate Street—he gave me satisfactory references—you did not tell me that you were
working as Shuttleworth'a clerk—I did not tell you that I would release you from the engagement at Christmas if you introduced a respectable tenant.
HENRY ALFRED STACEY . I am superintendent of records in the Court of Bankruptcy—I produce the proceedings in the petition in liquidation of Born and Gudgeon, dated 9th July, 1873—no further proceedings had been taken—I also produce a petition of bankruptcy of Born and Gudgeon—in January, 1877, there were bankruptcy proceedings against Gudgeon and he has not obtained his discharge—I find in the list of creditors S. T. Shuttleworth for 47l. 18s. 8d. and F. N. St. Croix for 20l.
Cross-examined by Gudgeon. The petition was filed on 2nd June, 1873—the total liabilities were 4,061l.—the creditors fully secured in the bankruptcy petition are 7,000l.—the liquidation was for 15, 250l.—your discharge was granted on 16th January, 1878—I do not think the bankruptcy has been closed—it was Oswald Gudgeon, of Imperial Buildings, City of London, merchant, who was adjudicated bankrupt under the style of Gudgeon Brothers, of 91, Bishopsgate Street—the examination was passed on 7th June, 1877, and Mr. Henderson was appointed trustee.
ST. JOHN WONTNER . I am conducting this case on behalf of the Treasury—I have received several letters signed by Gudgeon, and he has spoken to me with respect to them afterwards—I have some letters before me produced by Mr. Collie—they are all three in Gudgeon's writing, in fact he said at the police-court that he had written them, but as Shuttleworth's clerk—these letters written to Antonio Cannon are undoubtedly Gudgeon's writing, but I believe the signature to be Gudgeon's; it is the same as is on the cheques produced—the last two lines in this pass-book on the left hand and the figures and writing on the last three lines on the right hand side I believe to be Gudgeon's—it is Shuttleworth's pass-book—the last payment is to Leo, 6l., which is in Gudgeon's writings—I find other payments to Leo and one payment to Gudgeon of 10l. on 13th February—the great mass of letters in this bundle marked R are in Gudgeon's writing, addressed to Shuttleworth.
Cross-examined by Gudgeon. I did not say there was an entry of Gudgeon Brothers, 10l.; I said Gudgeon—that is on 13th February, 1877—1 do not know the writing, it is no doubt that of the clerk in the bank.
CHARLES LLOYD (Re-examined). These letters signed Shuttleworth I recognise as having Shuttleworth's signature (Addressed to Antonio Cannon)—some of the signatures to these bills vary a little, but they are in Shuttleworth's writing (Referring to the sewing machine)—I should say that the endorsement to this cheque is Shuttleworth's.
Witness for Horn. CORNELIUS HORN. I am a straw plait dealer at Dunstable, and am the father of the prisoner Horn—he had had two or three different commercial situations in London and went into business for himself once and failed—I became acquainted with Leo as near as I remember last October in London, in my son's company—Leo afterwards came down to me at Hemel Hempstead to buy plaits—he left me an order to send him some—in consequence of what I heard I did not execute the order—I have never heard anything against my son up to this time.
Cross-examined by MR. MEAD. I did not hear that my son had obtained a pianoforte from Mr. Houghton by giving a false address, or that he had fetched it from the railway station—this is the first time I have heard of
it—I never heard that he obtained 75l. worth of cigars by false pretences—I do not know Baxter, a companion of his—my son lives in London and I at Dunstable—he is under my observation a great deal.
By the COURT. He left me seven or eight years ago to go into a situation in London; it was not 17 or 18 years ago.
Horn received a good character, Shuttleworth also received a good character, and his witnesses said that he had been engaged in bond fide business.
Gudgeon in his defence stated that he had acted throughout as Shuttleworth's clerk, and two of the witnesses had stated that he informed them that that was his position; that he left Shuttleworth's employ on December 1st, a week after the washing machines were sent up on 30 days* credit; that he then entered the employment of Gordon, Neville, and Co. as manager and foreign correspondent at 300l. a year, and was arrested at their office; that the firm of Gudgeon Brothers had never failed, only Oswald Gudgeon; that the purses were ordered not by him, but by Shuttleworth and Co., and were sent to their office; that the goods being pledged in his name was no proof that he pledged them, as any name could be used; that he was first introduced to Leo in 1872 by his partner Born, and that Leo wished to be employed as his (Gudgeon's) traveller to get orders for wine, and that he had lent his cheque-book to Leo; that he had never had any transactions with Horn, and had only spoken to him two or three times in his life; that although he had been bankrupt his creditors accepted 10s. in the pound and gave him three years to pay it in, and signed a deed to that effect; and that he had always traded in his own name, and had done a very large business with merchants, shipowners, and colliery owners all over Europe and in many other parts, and had bought his own ships and purchased a colliery for 5,000l.; that one of his agents was a nephew of Messrs. Rothschild, and that he (Gudgeon) had been ConsulGeneral for Liberia, in Vienna where he had a branch office; that after the case had been fully gone into the Magistrate refused to commit him either for forgery or fraud; that Mr. Schezinger had admitted that Bennett was liable for the 10l. cheque by repeatedly going and asking him for the money, and that he obtained it from Bennett and lived two months and a half with Schezinger after he had the cheque, and that Bennett had now left the country.
HORN and SHUTTLEWORTH— GUILTY .— Five Years each in Penal Servitude . The JURY after two hours' deliberation were unable to agree as to GUDGEON, and were discharged without giving a verdict, and he entered into his own recognisances to appear to take his trial upon receiving notice to that effect.
FOURTH COURT.—Friday, March 15th, 1878.
Before Robert Malcolm Kerr, Esq.
MR. PURCELL conducted the Prosecution; and MR. GRAIN the Defence.
his duty was to enter them in the cash-book in the evening, and pay the money over to the cashier—I produce the cash-book—there is no entry on 5th February of 12s. 11d. received from Messrs. Dufaure and Brothers—collectors make out a list of the persons upon whom they are to call—Dufaure and Co. are not in the prisoner's list—I called upon Messrs. Bradbury and Co. with reference to this receipt for 4s. 6d., which was brought to the office from Messrs Bradbury, Greatorex, and Co—. it is signed "A. M. Scales, 5/2/78."
Cross-examined. We call this receipt a cart-note—it is originally taken by the carman with the goods, and if they were not paid for he would bring the receipt back and deliver it to the foreman, who would pass it to the cashier, and it would ultimately come back to the prisoner for collection, but he got possession of it before it came to him in ordinary course, I don't know how—we keep twelve or thirteen clerks, and a great many of these notes pass from hand to hand—errors are sometimes made.
EMILE ETIENNE . I am cashier to Messrs. Nollen and Co.—the prisoner should account to me for the sums he has received during the day—in my cash-book on 5th February I find no entry of his having received 12s. 11d. horn Messrs. Dufaure, nor 4s. 6d. from Messrs. Greatorex.
FREDERICK LAWLEY (city Detective). On 26th February I was called to the prosecutor's office—the prisoner and the two last witnesses were called in—Mr. Griffin showed him the two receipts produced, and asked him to account for them—he looked at them, and said "I do not know anything about them"—Griffin pointed out that they were signed in his name—he said "Yes; but I have no recollection of having received the money"—I took him to the station—the charge was read over to him, and he said "It is quite right, I have received the two amounts; I am very sorry, I intended the account for them; they are the only two items."
NOT GUILTY .
MR. GEOHEGAN conducted the Prosecution; and MR. M. WILLIAIMS the Defence.
EDWARD BUSHELL . I am a fishmonger, of 52, Roman Road—on 8th March I was with my pony and cart, and one trunk of fish—I got to market about 8 a.m.) and left it in charge of a man called Bishop—I next saw it at Leman Street police-court—I do not know the prison r—he had no authority to take it.
Cross-examined. The man who watches the horses while we wait at the market is called "Bishop," because that was his predecessor's name.
EDWARD MYER . I live at 61, New Street—I go by the name of Bishop—on 8th March the prosecutor instructed me to look after his pony and cart, and take it to Tower Hill at 9 a.m.—when I got to Tower Hill I saw the prisoner taking it away—he was not quite 300 yards away—I asked him what he was going to do—he said he was going to give it some water—he was in the cart, and had the reins in his hand—he said Mr. Williams had sent him with the cart—I said it was not Mr. Williams's,
but Mr. Bushell's cart—he said "I have paid your little girl"—I said "I did not see you, come back with me"—I was going back with him, and he said "Don't lock me up."
Cross-examined. The only Mr. Williams I know is a haddock-smoker.
The Prisoner's Statement before the Magistrate. "I had not gone 5 yards; the pony was licking the ground and foaming. I was going to let it have some water." NOT GUILTY .
MR. AVORY conducted the Prosecution; and MR. FRITH the Defence.
WILLIAM JAMES SMITH . I am manager to Mr. John Newton, of Honduras Wharf, Bankside, a fire-brick and building merchant—on Friday, 8th February, I received information from a man named Bridgman, and watched for a furniture van belonging to a man named Row—it came to the wharf about 7 o'clock—I watched it till 7.40—I afterwards saw Seymour and had a conversation with him—he gave me 6s. 3d., and went to breakfast—the van started; I followed it in a cab and stopped it in Trafalgar Square—I looked inside it and saw Mrs. Gilbert and the carman, the 25 foot tiles, which he had paid 6s. 3d. for, and two large paving tiles, covered over with a sack—I gave instructions to the carman—I followed the van to Gilbert's house, Little Pulteney Street, Golden Square—Mrs. Gilbert went upstairs and called me up—I saw the prisoner in a front room upstairs partly dressed.
By MR. FRITH. I did not say I had a detective present—I did not say "You had better tell the truth."
By MR. AVORY. I said to Mrs. Gilbert "Something very wrong is going on here; how long has it been going on?"—she said "From three to four months"—I said "You had better make up your mind to come back to the office, and I recommend the carman to take them back"—the prisoner said "Let me bring them back in a cab"—Mrs. Gilbert said "We have had them away from the wharf and only paid 6s. 3d."—Mr. and Mrs. Gilbert subsequently came back to the wharf—Mrs. Gilbert said "My husband and me have been talking it over since you left, and we have both made up our minds to make a clean breast of it and confess all"—Gilbert was the first to speak—I asked him how long it had been going on—he said from five to six months—Mr. or Mrs. Gilbert said "We have had three lots away this week"—Gilbert said "I hope you won't lock me up, on account of my little family; I hope to get some money in about Wednesday, 5l. on account, and then I will sign an agreement for anything which we can arrange"—to that Mr. Newton said he could not say anything, because the constables were waiting—Mr. and Mrs. Gilbert said that Seymour had been in the habit of going on Saturday night or Sunday morning and receiving sums of money from Gilbert and his wife, sometimes 10s. or 14s.; and if he had been there three times he would have received a sovereign—I called Seymour in and questioned him in the prisoner's presence—he denied at first, but afterwards said "Quite right"—they said "On Wednesday we paid 9s. for 200 stock-bricks, but we had between 300 and 400"—Mrs. Gilbert said "We had them on Monday, my husband fetched them away himself."
Cross-examined. Gilbert never saw the van, he was lying on a couch partly dressed, and covered with two blankets—Mrs. Gilbert unbuttoned her dress to find an invoice, but could not—I did not say "If you will tell the truth I will sack the foreman and let you off"—nothing was said about settling the matter—I did not go to Mr. Newton to see if we could arrange the matter without taking criminal proceedings—no depositions were read over to us—if that is in the depositions I don't know how it came there.
Re-examined. The Gilberts suggested that they should go to the firm's office, but nothing was said about settling without criminal proceedings.
JOHN BLUNDEN . I am carman to Mr. Rowe, who keeps furniture vans—I have been employed by the prisoner to fetch materials from Honduras Wharf on different occasions—I went on 8th February—I saw Seymour and took from him 24 square paving stones, two large stones, and 10 small bricks—I was stopped by Smith, in Trafalgar Square, and by his directions went to Gilbert's house—Mrs. Gilbert gave me the order to fetch the tiles on this occasion—I had been once before that week—Gilbert had been with me, but not that week.
Cross-examined. I never received my instructions to go to Honduras Wharf from the prisoner, but always from Mrs. Gilbert—Gilbert was generally at home when I got there—I remained nine or ten minutes—I only went about half a dozen times—I believe Gilbert went to work at 6 a.m.—Smith said that Mr. and Mrs. Gilbert had better go and see Mr. Newton and see if they could settle the matter without taking criminal proceedings—Mrs. Gilbert was very agitated and Mr. Gilbert appeared stupefied—he was ill and seemed distressed at what his wife was doing—I did not hear her say anything about the van going on the Monday.
Re-examined. I was not asked as to what I heard when before the Magistrate—I have known Gilbert eight months—he used to pay Mr. Rowe—Smith's exact words were "You had better come over to Mr. Newton and see if you can settle the matter."
JOHN SEYMOUR . I was employed by Mr. John Newton—I was brought up before the Magistrate charged with stealing tiles and paving bricks—I pleaded guilty and was sentenced to six months' imprisonment—upon 8th February I delivered the tiles to Blunden—he paid 6s. 3d. for 24 tiles—the others were taken without my master's knowledge—I paid Mr. Smith the 6s. 3d.—Gilbert sometimes came to the wharf with the van, not often—I received money from Mrs. not Mr. Gilbert—I used to go to the house to get it—I have received 10s. and sometimes 14s. for goods taken without my master's knowledge—Gilbert is a small builder and Mrs. Gilbert sells building materials at home in a shop.
Cross-examined. I never received a penny from Gilbert.
JOHN NEWTON . I am the prosecutor—the prisoner and Mrs. Gilbert came to my office on 8th February—my accountant and Smith were present—Mr. and Mrs. Gilbert said "We have thought the matter over and have decided to make a clean breast of it; we are guilty, and you must do as you like; make it as lenient as you possibly can; it has been going on for months"—I said nothing about not prosecuting if they paid the money; they suggested it, but I could not entertain it—they asked
to be allowed to get a loan or pay the money by instalments, which I declined—I asked to what extent they had robbed me; they said "25l. or 30l., or upwards."
Cross-examined. I knew Smith was going to Gilbert's house—I never said "I said I should not be disposed to settle it at all, but unless they could pay 25l. down I should not entertain the question"—I do not remember saying it—I might have said it—my depositions were not read over.
GEORGE ROGERS (Policeman 53l). I was called to Mr. Newton's wharf and took the prisoner—he was charged with receiving two fire tiles and 10 Yorkshire paving bricks—he said that he was guilty and hoped Mr. Newton would not lock him up—I said "You must come to the station and name it to the inspector."
Cross-examined. I made no note of what he said—I was called before the Magistrate a fortnight after—I have not said what the prisoner said to the inspector, it is not usual.
The Prisoner received a good character. NOT GUILTY .
NOT GUILTY .
MR. COLE conducted the Prosecution.
FANNY MARKHAM . I am the wife of William Markham, of 9, Dorset Street, Spitalfields—on the Wednesday preceding 22nd February I saw the prisoner—he said he had something important to say to me—I asked him into my private room—he said he had come from Coldbath Fields Prison, from my husband, who had got twenty-one days on the 19th for an assault, and he had got a day off on purpose to come with this message—I said it was very kind of him—he asked me to write a letter to my husband—I said I was too agitated, he said "I am in no particular hurry, I will write you one; give me some paper"—on the bottom he wished me to put my name—I put "Your affectionate wife, Fanny Markham"—he asked me to give him something for his trouble—I gave him 3s.—he said "Ain't you going to send your husband nothing?"—I gave him 1s. to buy a sandwich for my husband, he said "I shall get out at 8 o'clock on Friday night, and I will bring you a letter from your husband"—he came on Thursday about 6 p.m.—he brought me this letter, it is on half of the sheet I had written the other on—he said he brought it from my husband, who had put it through the grating—I looked at it and said "My husband can't write like that; he is not a scholar; he has got a scholar in a short time"—I said "I have not got 3l. by me, but I will send for my employer"—my employer came, and said "What should I give you 3l. for?"—I gave him half a sovereign. (The letter was signed "Your affectionate husband, William Markham," and stated the advantages he had received through knowing the prisoner, and requested the payment of 3l.)
Cross-examined by the Prisoner. I handed the letter to my employer—he read it and told me to give you a half-sovereign—a detective has been to my house when I was out—I have aeon him once—you are a stranger
to me—I do not know that the policeman said he was Mr. Oyler's brother—Mr. Oyler's brother has had four months' imprisonment.
WILLIAM MARKHAM . I am the last witness's husband—I was sentenced to twenty-one days' imprisonment and sent to Coldbath Fields prison on 16th February, and came out on 10th March—I did not write this letter nor employ the prisoner to ask my wife for 3l.—I never saw him before, WILLIAM MUSGROVE (Not examined in chief).
Cross-examined. I asked you who you were, you said you were a warder—I did not tell you I was Mr. Oyler's brother—I did not tell Mr. Oyler to give you some money—Mr. Oyler came in at another entrance—I was not concealed.
Cross-examined. If a warder takes any tobacco, food, or anything to a prisoner he is liable to two years' imprisonment and forfeits all salary.
Re-examined. The prisoner was never a warder in Coldbath Fields Prison in my day.
Cross-examined. The detective was outside the door when my brother, the policeman, came in—I have no knowledge of the detective telling my brother to give you any money, or of his telling you that he was Mr. Oyler's brother.
The Prisoner, in his defence, stated that he was employed by a warder whom he would not compromise, to communicate outside the prison with the prisoner's friends.
GUILTY *.— Twelve Months' Imprisonment .
OLD COURT.—Saturday, March 16th, 1878.
Before Baron Huddleston.
MR. PURCELL conducted the Prosecution.
LUCY ROWE . I am barmaid at the Peacock tavern, Islington—I have known the prisoner for two and a half years, and was engaged to be married to him for about 10 months, up to July 1876—at that time matters came to my knowledge which indisposed me to many him—I lost sight of him then—I saw him again at the Peacock in the beginning of January—I asked him to keep away, that I did not wish to see him again—he said if the engagement was broken off something very serious would happen—he came there several times afterwards and wished to have a conversation with me; that he had something particular to tell me about his imprisonment—I declined to hear him—on 14th January, I received a letter in his handwriting, and on the 18th February, I received this, it is the prisoner's writing—(This letter contained the expressions: "I have made up my mind to be revenged upon you. I will buy a large hammer and will wait for days, weeks, and months, to see you; I will then smash in all your pretty teeth and your little pug nose; I will be revenged upon you, you d—d cat; I will spoil your beauty; I will settle you and your bully, &c.") (The letter of the 14th was also read and contained the expression: "It would not take me long to take all the bounce out of you, and I could make you as the dearest of your spooney men would sicken at the very sight of you.... I should think no more of shooting you than of drinking three penny worth of brandy, &c.")
Cross-examined by the Prisoner. I mean to say that I am afraid of you—I never saw you with a revolver, or any weapons—during the 10 months of our courtship we were on most affectionate terms—I have received presents from you and met you by appointment—I wrote to you after receiving these letters, once on 19th February and again on the 21st—if you had been steady, and my father had not interfered, I might have been willing to renew the engagement—you have advised me to leave the Peacock.
ROBERT GILLARD . I am landlord of the Peacock—the prosecutrix was barmaid there before I became landlord—I have seen the prisoner there on several occasions since the early part of January—on one occasion he was in a very excited state, and said if Miss Rowe did not renew the engagement he would shoot her and blow out his own brains at my bar.
Cross-examined. I have not influenced Miss Rowe to prosecute you—she has always behaved herself with the greatest propriety, she is a very good servant and looks after my business in a proper manner—I have never seen you with any weapons in your possession.
ROBERT GOLDING (Policeman G 25). I apprehended the prisoner at Manchester, on 27th February—I told him it was for threatening to kill Lucy Rowe—he said he was very sorry, he did send the letters to her, and he would shed his heart's blood for her; he loved the girl, and he would not see any one else have her.
Cross-examined. You were very surprised when I apprehended you—you said you had not the slightest intention of harming the girl; that you had been a fool for writing such letters, and you ought not to have written them; that you loved her too dearly to harm her; you also said that Mr. Gillard had got this up for you—you did not seem to think it was anything serious; you said that you thought it very strange that Miss Rowe should think you meant anything as you had made it all right before you left London; that she had shaken hands and given you a kiss—her father said at the station something to the effect that his daughter had nothing to do with the affair; that she was under his control, and he had compelled her to prosecute.
The Prisoner, in his defence, stated that his only object in sending the letters was to frighten her, and induce her to leave her situation, where she was exposed to temptation, and that he had not the slightest intention of doing her any injury.
NOT GUILTY . There was another indictment for sending the letter of 14th Jan., upon which no evidence was offered.
MR. LILLEY conducted the Prosecution. Judgment Respited .—(See Half-Yearly Index.)
MR. POLAND conducted the Prosecution; and MR. BRINDLEY the Defence.
GUILTY .— Penal Servitude for Life .
NEW COURT.—Saturday, March 16th, 1878.
Before Mr. Recorder.
MR. GILL conducted the Prosecution; and MR. STRAIGHT appeared for Cairns, and MR. GRAIN for Golding.
JOHN TURFORD . I am sub-manager in the grocery department of the Stores Association, 136, Queen Victoria Street—Golding was in their employ as manager, and Cairns counter-man, in the grocery department—it was Golding's duty to go during the day to different public offices to obtain orders from the subscribers to the Association, which he got on forms like these (produced), and he would receive the money at the same time, and bring it with the orders to Queen Victoria Street and take them to an examiner, who checks the prices, and if the addition is right, stamps the order with a red stamp bearing the date and the cashier's number—Golding would then bring the order to the cashier, giving him the money, and he would stamp the order with a perforated stamp—the examiner and the cashier would enter the order in their books—Golding would then take the order to a counter man to be made up, who would put it on his file after executing it—the orders on the file are collected at night—for a reason which I had, I told Golding to have all his orders made up by Cains—on 21st February the two prisoners were brought into the committee room, and I saw these three parcels taken from Golding—Harding, the detective, was in the room—Golding was asked if he had anything in his bag which was not paid for—he said "I have; I have always been an honest man up to this time"—he was asked where he got them—he said from the man who always makes up my orders—Cains was present—I looked at the parcels, and saw Cains's writing upon them—I have consistently seen his writing—I searched Cains's file of orders, and found two legitimate orders of Gelding's upon it—they had been paid for—I found no orders relating to these things.
Cross-examined by MR. STRAIGHT. I did not mention before the Magistrate that Golding said that he had been an honest man up to this time—I was not asked what statements were made—I answered all the questions that were asked me—I said that Golding said he had them from Cains and had not paid for them—Cains was brought in afterwards—Golding did not mention Cains's name—he said "By me man who always executes my orders"—the names on the parcels are Leech, Blackie, Rowe, and Egerton—these persons are members of the Association.
Cross-examined by MR. GRAIN. It was Golding's duty to go every day to the savings bank and the post office, and take orders and money from different gentlemen, and also to the National Debt Office and the Inland Revenue Department—he also had to deliver the goods ordered in that way to the different offices—he would collect six or eight a day in my department, and there were other departments—he was instructed to goto a particular counter man, and that was Cains.
WILLIAM HARDING (City Detective). On Thursday, 21st February, I was on the premises of the Civil Service Supply Association—I had been engaged there about two months—Golding was stopped by Turford that day and taken into the committee-room—Cains was there—I told Cains that he would be charged with stealing these parcels, 5 1/2 pounds of tea, 2 pounds of sugar, and 2 boxes of sardines—he made no answer—I told Golding that he would be charged with receiving them from Cains, not having paid for them—Cains heard this and said nothing.
Cross-examined by MR. STRAIGHT. I saw Golding in the street and followed him, and Turford stopped him.
EDWARD JOHN TAYLOR . I am assistant-secretary to "The Civil Service Supply Association (Limited)"—that name is on a plate outside the door—I have the rules of the Association here certified by John Tidd Pratt, the registrar of friendly societies—this is his certificate (produced)—the secretary is not here, he was assaulted last night.
MR. STRAIGHT submitted that as the property was that of a friendly society it must be charged as the property of the trustees. The COURT directed the Clerk to amend the indictment by inserting the names of two of the trustees, MR. STRAIGHT then submitted that the evidence was incomplete, as the parcels bore the names of four persons who were members of the Association, and who had not been called to say that they did not order the goods, Golding being in the habit of receiving orders from those persons. The COURT considered that there was not sufficient evidence to go to the Jury. NOT GUILTY .
377. AHI CHANG (26), AH CHEE (28), AH HEE (32), AHA KOO (28), AHI YOU (30), AHI LONG (26), AH FI (28), AHI KENA (26), AHI WHY (25), AHI FO (37), AHI QUANG (A) (37), AHI QUANG (B) (30), and AHI BOOK (28), Unlawfully and maliciously cutting and wounding Francesco Le Man and inflicting on him grievous bodily harm. AHI KENA and AHI LONG were also charged with assaulting George Cole, a constable, in execution of his duty.MESSRS. STRAIGHT and GILL conducted the Prosecution; and MR. WILLIAMS the Defence
The Prosecutor, who hardly spoke English, stated that although he was unable to say which of the prisoners actually inflicted the injuries upon him, he identified them all as aiding and assisting, upon which MR. WILLIAMS suggested that a Verdict of GUILTY of a common assault might be taken, as arrangements had been made to send the prisoners back to China immediately. MR. STRAIGHT concurred in this course. GUILTYof a Common Assault. Six Days'Imprisonment each .
FOURTH COURT.—Saturday, March 16th, 1878.
Before Robert Malcolm Kerr, Esq.
MESSRS. PURCELL and LILLEY conducted the Prosecution.
NOT GUILTY .
MR. PURCELL, for the Prosecution, offered no evidence. NOT GUILTY .
Before Mr. Recorder.
the employment of the Victoria Dock Company—the prisoner lodged in my house in Hack Road, West Ham, and slept in the middle bedroom, and two young chaps slept in the same room—my wife had died suddenly on the 26th—on Sunday the 27th between 10 and 11 at night I wound up my silver watch, and put it on a stand in the prisoner's bedroom for them to see the time to go to their work in the morning—I went into the room at 5.35, and called them up—I missed the watch about 10 that night, when I went into the room to wind it up; the prisoner and the other two were then in bed—I said "Hallo, lads, this watch is gone, do either of you know anything about it?"—the prisoner got out of bed, and said "Have a good search, Mr. Hoper, to see if it is knocked down in the room anywhere"—they all three got out of bed, and went downstairs—I searched the room, but could not and the watch—I told them "If either of you have got it and will rive it up I will not prosecute, but if you leave it to me to find out I will do so"—the prisoner denied having taken it—I spoke to them all three repeatedly about the watch, and on Wednesday or Thursday I gave information to the police—I had a steel chain with some coins and charms upon it in a little mahogany box on a sideboard in my bedroom—I saw it safe on Wednesday night 13th February, about 10 o'clock—I missed it between 10 and 11 on the night of the 14th—on the 18th I went to the Plaistow police-station, and saw the prisoner there—I had before that received the chain from his father—when I missed the chain the lads were out—when they came home I said to them "Lads, there has been another robbery again to-day in my house, it is certain that some of you have taken the chain; if you give it up to me now I will not prosecute you, but if you leave it to me find out, which I will do next week, I will prosecute you. (The Recorder held that, this amounting to both a promise and threat, any subsequent statement by the prisoner was not admissible.) From information I received from the prisoner I went to Mr. Hollington, a pawnbroker at Stepney, and there found my watch.
THOMAS MUSOOTT . I am assistant to Mr. Hollington, pawnbroker, of 21, Maroon Street, Stepney—this pawnticket relates to the watch which the prosecutor has identified—it was pawned on 29th January for 6s. In the name of John Smith—I do not identify the prisoner.
WILLIAM Moss (Policeman 123 K). On Sunday, 17th February, from information I received I went to 67, Ashby Street, Stepney, and there saw the prisoner's father—from what he said I went to the prosecutor, who handed me this chain, with the exception of this key, seal, and mallet—I subsequently took the prisoner into custody at his father's.
HENRY CROW . I live at the Royal Arms, Silver Town, North Woolwich—I was not called before the Magistrate—I know the prisoner—I saw him on 15th February in the tap-room—he had a silver chain in his hand with two rings and some coins on it—he was trying to take some of the coins off the ring—it was a chain something like this—I afterwards went to clear the room, and saw this seal key and ivory mallet on the table, which I gave to the officer on the 19th.
Cross-examined. I am a waiter in general employ—Moss came to me on the 19th, and told me to appear here on the 11th—a good many persons use the house, and there had been a good many there that morning.
The Prisoner received a good character, GUILTY , —Recommended to mercy,— Four Month's Imprisonment .
382. CHARLES RANSXFORD (54) PLEADED GUILTY to a burglary in the dwelling-house of Jonathan Shepherd, and stealing therein divers moneys, having been before convicted of felony**.— Ten Years' Penal Servitude .
Before Robert Malcolm Kerr, Esq.
383. CHARLES HART (26) PLEADED GUILTY to breaking and entering the dwelling-house of Joseph James Gould, and stealing there in a watch and other articles his property, He received a good character.—Eighteen Months' Imprisonment .
MR. HURRELL conducted the Prosecution.
WILLIAM SAYER . I am a corndealer, of 8, Plumstead Road, Kent—I have known the prisoner 12 months—he came to me on 2nd February and asked if I could oblige him with change for this cheque for 5l. 10s.—I asked him who T. Smith was, the name on it—he said he was a respectable market gardener—I said I had not sufficient cash—he said 2l. or 3l. would do to carry him over Sunday—I gave him 2l. 10s.—while counting it he gave me an I 0 U for 2l. 10s.—I did not ask him for it—I gave him the cash, believing what he said—he went away—I paid the cheque away and it was returned four or five days afterwards marked "No account"—he did not return for the rest of the money—I next saw him in Woolwich—he ran away—I chased him into a blacksmith's forge and told him he was just the man I wanted, to know about this cheque, and asked him who Smith was—he said he did not know, but if I wanted I should see him—I said it was a strange thing he moved the same night from Plumstead to Stratford—he did not pay the money—I gave him in custody.
Cross-examined. You asked me to accept 1l. 5s. and you would be at the Blacksmith's by 4 o'clock with the rest—you came about 7—I agreed to take it if you came by 4—I advised you to go to the inspector—he and I advised you to come the next night and you did.
JOHN TYLER . I am a cashier in the Union Bank of London at Princes Street, Mansion House—this cheque was presented by the London and County Bank—I returned it marked "No account"—the cheque book was issued on 20th June, 1866, to a customer of ours named Daniel Pringle—I cannot swear to him now.
Cross-examined. The last cheque of Daniel Pringle was 7l. 3s. 2d.—your transactions were small.
Witness for the Defence.
WILLIAM SIMPSON . Mr. Sayer met you in a smith's shop—he touched you on the shoulder and you went out together—he said he accepted your arrangement for paying the 2l. 10s., and promised to do the best he could in the matter—we went to the police-station—it was put off till the next day—you were punctual.
The Prisoner, in his defence, stated that it was not a false cheque; that Smith
was a man he had done business with, who gave him the cheque in good faith, and that all his previous cheque had been honoured.
The Prisoner received a good character.
GUILTY .— Twelve Months' Imprisonment .
MR. KISCH conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
HENRY PARKER (Police Inspector Woolwich Arsenal). on 20th February I was on duty—I received information and noticed this bearing in this handkerchief under some deals in a shed in the store timberfield—I undid the handkerchief and gave instructions to Cull—on the Saturday I saw the prisoner coming towards the Plumstead gate followed by a constable—as he was going out the constable touched him on the shoulder and said "Come this way"—he brought the prisoner in and pulled this bearing from his overcoat pocket, which he was carrying on his arm—I said "Is there anything else?" and the prisoner pulled a bearing out of his trousers pocket—he said "I do not know how I come to do it"—he previously said that he picked this one up in the fore part of the week near the proof square—the bearings are in a good state of preservation and would be used again—lots of them lie about at the Arsenal—they are the Queen's property—the prisoner is a foreman.
Cross-examined. There is no Government mark on them—some of the foremen have cupboards to put them in—the prisoner has been at the Arsenal 30 years and would be entitled to a pension.
Re-examined. Workmen are searched on leaving the Arsenal, but foremen are never searched—these bearings would not be allowed to go out in any case.
OLIVER CULL (Policeman 84 A). I am attached to the Woolwich Arsenal—on 20th February I received directions from Inspector Parker—I watched the Arsenal from Wednesday till Saturday, when I saw the prisoner walk through the shed and look towards the entrance gate—he turned round and took this metal bearing, which was wrapped in this handkerchief, from under some deals in a shed, placed it in his coat pocket, and started towards the gate—I followed him to the gate—when he was going out I apprehended him and took him into the inspector's office—I told him to take the bearing from his pocket—he produced this one—I asked him if he had any more on him—he said he had, and produced these two from his trousers pocket—I asked him where he got them from—these said that he picked them up near the proof office, near the Royal gun factories, that he picked one up in the fore part of the week and concealed it under the deals.
Cross-examined. I believe I said before the Magistrate that the prisoner said he concealed it under some deals.
The Prisoner received a good character.
GUILTY . Recommended to mercy by the Jury.—Twelve Months' Imprisonment .
Before Mr. Recorder.
to which ALFRED WHITE PLEADED GUILTY ; and as by MR. TAMPLIN'S opening it appeared that the goods were at the prisoner's lodgings against the will of the female prisoner, the COURT directed the Jury to find ANN WHITE— NOT GUILTY .
Sentence on ALFRED WHITE**— Seven Years' Penal Servitude .
Before Baron Huddleston.
MR. A. B. KELLY conducted the Prosecution; and MR. LILLEY the Defence.
ALFRED UPSTEAD . I am 14 years old and live at 12, Orb Street, Walworth—on Monday, 18th February, I was standing at the corner of Orb Street and Bedford Street, and saw a Hansom cab coming from Bedford Street towards Orb Street, going into the Rodney Road—it was on the left side of Bedford Street; I was standing at the other corner—I saw some little children there, they had just come out of school, and had been hunting Mr. Bye's chickens—Mrs. Draper tapped at her window to tell them to leave off, and they left off, and went in front of Mr. Bye's shop, on the pavement—the little boy Bollard was about 2 feet from the kerb stone, on the pavement; he was four or five years old—I saw the cab come up, and the chest of the horse knocked him over and the left wheel went over his back—Mrs. Draper said "Stop that cabman, he has run over the child"—he drove on—Mr. Matthews told him to stop, but he would not till he got to the City of Salisbury—I took his number—the little boy got up and walked to a window and fell down, and Mr. Matthews picked him up and took him up to the cabman to show him; he did not seem to take any notice, he turned red in the face—he did not say anything that I heard—the kerb is worn out at the corner, and the horse, in turning the corner sharp, had one foot on the pavement—the horse and the wheel of the cab were both on the footpath.
Cross-examined. The children had ceased from driving the chickens for about two or three minutes, and stood laughing in front of Mr. Bye's shop—the deceased was on the pavement, his feet were nearly touching the beginning of the kerb.
LYDIA DRAPER . I am the wife of Thomas Draper, of No. 1, Bedford Street, Walworth, which is near the corner of Orb Street—I was sitting at mv window on the first floor on this afternoon, which commands a view of the corner of Orb Street and Mr. Bye's shop—I saw three children at Mr. Bye's corner; they had been in the road driving the chickens; I tapped at the window for them to get out of the road, and they ceased and went and stood on the pavement—the deceased stood with his back towards the road, and the cab drove round the corner and knocked him down and ran over his back—it was not going particularly quick, just a run.
Cross-examined. I was examined before the Coroner—the deceased boy was standing about a foot and a half on the pavement, where the wheel
came—I was looking through the window, it was down—the boy was on the pavement, not on the kerb stone—Mr. Matthews was in the street, and he took the boy in his arms first to the City of Salisbury and then to the doctor's.
JANE GROVES . I am the wife of James Groves—I was sitting at the window with the last witness—the three children were on the pavement—the boy was about a foot from the kerb on the pavement—I saw the cab come down Bedford Street, knock the little boy down and run over him—the wheel of the cab went on the pavement.
Cross-examined. As I was looking from the window, the cab was between me and the child.
HENRY MATTHEWS . I am a general dealer in Walworth—I was standing at the corner of Bedford Street and Orb Street, and noticed the deceased standing at the opposite corner about 4 inches from the gutter, on the kerb—I saw the cab coming down the street, and in turning the corner it struck against the kerb, which rather swayed him round and took a little graze off the kerb; the step of the cab caught the boy and knocked him into the gutter on his right side—the cab was not on the pavement—I ran across the road and picked the boy out of the gutter.
Cross-examined. This corner seems a very dangerous one to drive round, anybody going round it touches the corner of the kerb, which is very low; the wheel of the cab skidded as it came round—when I told the prisoner that he had run over the boy, he said "Eh," and looked very red, and more like a madman, he was so frightened—I took the boy to the hospital—the kerb is about 2 inches above the road; it has been worn down—the boy was on the kerb—if the cab had not driven against the kerb the accident would not have happened.
JAMES LEVINGTON (Policeman P 189). I know this corner—after the accident I examined the pavement—I found the kerb slightly worn down to about an inch and a half above the level of the road—it is a very sharp curve there.
Cross-examined. It is a very dangerous corner to drive round, the street is so narrow; there was formerly a post there—Bedford Street is about 18 feet wide, and Orb Street about 17 feet.
The Prisoner received a good character.
GUILTY .— One Month's Imprisonment .
Before Mr. Recorder.
389. HENRY WEST (19), THOMAS HENNESSY (17), WILLIAM SAWYER (20), and JOSEPH WEBB (17) , Robbery with violence on David Arnott, and stealing a bunch of keys, a purse, 14 postage stamps, an umbrella, and 9l. 10s. in money.
MR. CARTER conducted the Prosecution.
DAVID ARNOTT . I live at Grove House, Old Farthing Lane, Wandsworth—on the evening of 12th November last, about 9.30, I was coming up Old Farthing Lane and saw four men standing at the corner of a street—I passed them and went a good way up the street till very near my own gate—they passed me and stopped till I came up to them, when one of them came round to me, put his face under my umbrella, which I had in
my hand as it was raining a little, and asked me if I knew where such a gentleman lived—I said I did not—they then knocked up ray umbrella and all four surrounded me and took hold of me and pulled me about, and threw me down—I called out "Help," and "Robbery"—they rifled my pockets, and out of my left-hand trousers pocket they took 9l. 10s. in half-sovereigns, in a small bag and a bunch of keys; out of my right-hand pocket they took my purse containing two sixpences, ten penny stamps, four halfpenny stamps, also two penknives and a pocket-comb—during this time they beat me on the head with some instrument and kicked me till I cried out "Are you going to kill me outright? What good would it do to you after you have robbed me?"—this (produced) is my purse and umbrella, and this is one of the penknives—after they had done what they possibly could and got what they could from me they ran off and left me lying in the street with my head bleeding from eight wounds—I recovered myself a little and tried to get up, but was not able at first—the second time I was able and I got into my own house, and sent for the doctor, who came and dressed my wounds, and has attended me ever since—I was unable to attend the Court for some time—I cannot swear to the prisoners, but I thoroughly believe they are the men.
JAMES BOATWRIGHT (Detective V). On the night of 12th November last I had information about a robbery having been committed, and about 12 that night I was with two other constables in Garrett Lane, about a mile from the prosecutor's house, and met West, Hennessy, and a man named Quirk, who has since been discharged, and several others with them—I knew Hennessy before—I followed up behind them with the two constables—I caught hold of Hennessy, West, and Quirk, and handed them over to the uniform men, and told them I should charge them with a highway robbery with violence on a gentleman, in Old Farthing Lane—this was about two hours after the robbery—they said they knew nothing about it—I saw Hennessy's right hand move and heard something fall—I got a light and looked on the ground at his feet and found five half-sovereigns—when I had picked them up I saw West's right hand move and he threw something in the middle of the road—I looked there and found five half-sovereigns—they were taken to the station and searched—I found on West a pedlar's certificate, two purses, and a small bag—the prosecutor has not identified those—on Hennessy was found some pieces of chalk and 3d. in coppers—I afterwards went with Sergeant Cassidy to the Bricklayers' Arms beerhouse, which is a lodging-house, and there found Sawyer in bed—I told him he would be charged with being concerned with others in a highway robbery in Old Farthing Lane—he said "All right, I will go with you"—I apprehended Webb at Mitcham on December 12th—I told him he would be charged with others with committing a highway robbery in Old Farthing Lane, Wandsworth—he said "All right, I was there, but I never knocked the old man about."
Cross-examined by West. I saw you throw something in the road.
Cross-examined by Sawyer. You did not say you were not there and that you found the umbrella in the path.
Cross-examined by Webb. When I went to your house I asked you if your name was Spider—that is your nick-name—you did not say you knew nothing about the robbery—Robert's house was not mentioned.
By the COURT. I went to the Bricklayers' Arms to find Sawyer, and to Mitcham Green to find Webb, in consequence of information I received.
PATRICK CASSIDY (Policeman V 15). I went with Boatwright on the 13th to the Bricklayers' Arms—I found Sawyer in bed—I searched the room and found an umbrella, which was shown to Mr. Arnott—at the station I found this purse containing 10 penny and four halfpenny stamps—it was shown to Mr. Arnott.
WILLIAM FROUD (Policeman V 332). I was in charge of West on the 12th and 13th at the station—I saw him trying to put something in the coal box—I went to see what it was and picked up this penknife, which I afterwards handed to Mr. Arnott.
Cross-examined by West. The other prisoners were on the other side of the room—I did not notice tea on the hob, nor did I see you drink tea.
JOSEPH KAYES . I keep the Old Sergeant public-house, South Street, Wandsworth—on the evening of the 12th, between 8 and 9 o'clock, the prisoners and another came to my house—West came in first, and called for three half-pints of ale—he tendered a threepenny piece, and asked me to put it in a quart pot, as he was going to take it to the door—the other prisoners then came in and the man not in custody—they began to be quarrelsome—I have seen the prisoners before—my house is about 50 yards from Old Farthing Lane—the threepenny piece which West had was all the money I saw—the prisoners asked other men who were in the bar to treat them—they went away, and in about an hour Hennessy returned—he asked several others what they would have to drink, and said "Have anything you like, I've got plenty of money"—some said they would take lemonade and brandy, and some ginger beer and brandy, and some a smoke—before I would do business I wanted the money—Hennessy threw down a half-sovereign.
Cross-examined by West. I had seen you once or twice in my place previous to that night—I was suspicious, because you had no money when you came that night.
Cross-examined by Hennessy. I served you because you were then with decent parties—Webb was the first to make a disturbance.
Cross-examined by Webb. I did not hear Boatwright say at first that he did not know you.
STEPHEN CHARLES ROBERTS . I keep the Duke of Edinburgh public-house—I know the prisoners by sight, except West—on the evening of 12th November, about 8.40, I heard some noisy persons coming towards my house—my wife called my attention to it, and I shut the door—a man named Quirk was inside the taproom; he went towards the door, but I would not let him out—I thought some drunken men were coming, and I put my foot to the door—I saw the prisoners pass—I then opened the door and went on with my business—the prisoners went towards the Old Sergeant—I do not know the fifth man—they were walking arm in arm—about 10.30 the prisoners came in—Webb ordered some ale—I said "Who is going to pay for this ale?"—Webb said "It is all right, it will be paid for"—Hennessy said "Here, I'll pay for that," and tendered half a sovereign—other persons came in—one of the prisoners said "Let us go over to the Old Sergeant and have a drop of something short"—they left the house, but came back and finished the ale—I gave the change to Hennessy—I knew Webb by the nickname of Spider—I did not know his right name.
Cross-examined by West. I did not notice you leave alone and return—when you all left I shut up.
THOMAS WHITEHEAD . I live at 10, Mendip Road, Battersea—on 12th November I was standing opposite the Old Sergeant—I saw Mr. Arnott pass me and go towards Old Farthing Lane—I saw the four prisoners follow him—I afterwards saw West, Webb, and Hennessy running back, and opposite the Old Sergeant West fell down.
ALFRED BROWN . I am a surgeon, of West Hill, Wandsworth—I attended Mr. Arnott on 12th November soon after 10 p.m.—he was bleeding from a great many confused wounds on the head—they were all severe wounds, and so numerous that I had great difficulty in dressing them—he had also lost much blood—the wounds were inflicted by some blunt instrument, an iron-shod boot would cause them—I should say they were caused by kicks, because I found sand and dirt in some of them—he was unable to attend at the police-court at the first examination—he was very seriously ill—I am still attending him.
Cross-examined by West He suffered from gout, which would be caused from the injuries to the system and his lying in the damp road—I have no doubt of that.
West, Hennessey, and Webb stated before the Magistrate that they had met and drank together, but knew nothing of the robbery, and that they found the property owned by the prosecutor. Webb, in his defence, stated that he went to fetch a bedstead for his landlady, when he met Hennessy, who asked him to have some beer. GUILTY .
HENNESSY†* and SAWYER†* were also charged with having been convicted of felony in December, 1876, at Wandsworth, to which they PLEADED GUILTY.— Ten Years' Penal Servitude each, and Twenty-five Strokes with the Cat . WEST— Seven Years' Penal Servitude and Twenty-five Strokes which the Cat . WEBB— Seven Years' Penal Servitude .
390. JAMES WEAVER (13), HENRY COLLETT (19), ELIZABETH COLLETT (47), HARRIET BROWN (41), and WILLIAM BROWN (39) , Stealing 26l. 10s. of William Henson Cunnington and others, the masters of Weaver, to which WEAVER and HENRY and ELIZABETH COLLETT PLEADED GUILTY .
MR. K. FRITH conducted the Prosecution.
WILLIAM HENSON CUNNINGTON . I am in partnership with Alexander Skene and my father as grocers at Kew and Richmond—on 12th February Weaver was our errand boy at Kew, and I sent him to Richmond with a letter, and told him he would have to bring back some money and to be careful with it—he did not return in the afternoon, and I gave information to the police—I next saw him at the station about a week afterwards—he had been in our employ about a month.
ALEXANDER SKENE . I live at Richmond, and am a partner with Mr. Cunnington—Weaver brought a letter about 11 a.m. on 12th February, and I gave him 16l. 10s. in gold and two 5l. Bank of England notes—I did not take the numbers—I told Weaver to be careful and take it to Mr. Cunnington—it was wrapped up in a piece of paper, the notes and I gold together—he put it in his pocket and walked away—he had been with us a month or five weeks.
JAMES WEAVER , the Prisoner. I am thirteen years old—I have pleaded I guilty to this charge—I was sent to Richmond on 12th February to fetch the money—instead of going back to my master at Kew I went to London I with the money; in the train I met a boy who told me his name was
Johnson—I gave him 30s. of the money—I also gave him 10s., and he bought himself a pair of trousers—I afterwards saw Henry Collett outside Waterloo railway station—we talked together, and I went with him to his house and stayed till the Saturday—I bought him a pair of trousers, a jacket, a coat, and a hat—I lost the 5l. notes in the house, I do not know how—I saw a boy named Tom—I bought him some clothes and a watch—I also bought myself a watch—I saw Mrs. Brown next night—I went with her to a music hall—I went the next night to the Canterbury—I stood treat—it cost about a sovereign—I went to Putney in a cab with Henry Collett and Thomas Cummings—I did not give Harriet Brown any money—the Browns and the Colletts live in the same house—I first saw Mr. Brown there—he went with me to King's Cross railway station on the Saturday—I gave him 4s. 6d.—I did not tell him I stole the money—I took the train to Saltburn, in Yorkshire—I told Brown I was going to see my aunt there—I reached Saltburn and saw my aunt—I found a telegram from my father, who afterwards came and brought me back and took me to the police-station at Richmond—I had pawned the watch which I had bought—I think I gave Henry Collett 11s. altogether besides the clothes—I made a statement at the police-station to the detective.
WILLIAM SEELEY (Detective D). In consequence of information I received from Mr. Cunnington I made inquiries about Weaver—I saw him at the police-station on 20th February—I apprehended Henry Collett on 23rd February—he at first denied all knowledge of it, but afterwards made a statement—I subsequently arrested a lad named Cummings—he was discharged by the Magistrate—I took Elizabeth Collett on 26th February—I went to the house where the Colletts and the Browns live, with Inspector Pearman—I charged Harriet and William Brown with having received the moneys of Mr. Cunnington from Weaver, well knowing it to he stolen—they said "There has been no boy here"—Mrs. Brown denied receiving the note—I took her to the Duke of Sussex, where we saw the barman, who, in Mrs. Brown's presence, said "That is the woman I changed the 5l. note for"—Mrs. Brown said "Oh, yes, I had a quartern of brandy and changed the note on the 14th, and the other one on the 16th at Mr. Bates's, a pawnbroker's"—Mr. Bates was before the Magistrate but left before his deposition was read over—on the way to the station Harriet Brown said that Mrs. Collett had given her the notes one at a time, and she had changed them for her and returned her the money in full; and that the boy Weaver was her nephew come up from the country, who had a lot of money left him, and had made her a present of those two 5l. notes—Mrs. Collett said at the station in Mrs. Brown's presence that she had had the money and spent it—William Brown said he received half-a-crown from Weaver when he went to see him off at King's Cross—this shirt, trowsers, and cap were handed to me by the father; and in Collett's house I found these trousers, coat, waistcoat, cap, and silk handkerchief.
— PEARMAN (Detective D). I am stationed at Richmond—on Friday, 22nd February, in consequence of a statement, I went to 26, Kynaston Street, Lambeth, about 8 p.m.; Harriet Brown came to the door—I asked for Mrs. Collett—she said that Mrs. Collett had been gone out about three-quarters of an hour—I procured a light and went upstairs—she pointed to a door—I knocked, but received no reply at first; afterwards Mrs. Collett said "Come in"—I went in and found her in bed—she
made a statement—I went to the apartment occupied by the Browns—they were together—I asked them if they had seen a strange boy in the place?—each answered "We know nothing of any boy"—I then made inquiries in the neighbourhood—on the 26th I took the Browns, and told Mrs. Brown she would be charged with receiving two 5l. Bank of England notes; and William Brown that he would be charged with receiving 4s. 6d.—Mrs. Brown said "I know nothing about the notes or the money"—I took her to the Duke of Sussex in Oakley Street, and the barman said "That is the woman that changed the note here"—she then said "I did change the 5l. note here" Seeley was present—I took them by rail to the station—on the way William Brown said "I received half-a-crown from the boy when I took him to King's Cross station"—when the charge was read over Mrs. Brown said "I changed the note but gave the whole of the money to Mrs. Collett"—Mrs. Collett said "I had the money and spent it"—both Browns were present at the Duke of Sussex.
CHARLES JOHN WILLIAMS . I am a clerk in the Accountant's office, Bank of England—I produce two 5l. notes, No. 35184, 7th July, 1877, and No. 48848, 9th July, 1877—they were paid in on 20th Feb., the 35184 by the London and Westminster Bank, and the other by the London and County.
JOSEPH JOHN BATES . I am a pawnbroker, of 22, Lower Marsh, Lambeth—I have seen the Browns in my shop frequently—Harriet Brown redeemed one or two pledges with note 48848, on the 16th Feb., for less than 10s.—I gave her £4 10s. in gold, and some silver and copper, in change—I endorsed the note.
DAVID DAVIDSON . I am a draper at Richmond—about 23rd Feb. I paid Mr. Cunnington a 5l. bank-note and some gold and silver—I also gave a cheque to Mr. Carter, on 11th or 12th Feb., and received a 5l. note in change—I cannot say if this 48848 is the note.
THOMAS CUMMINGS . I live at 18, Sutton Street, York Road, Lambeth '—I gave evidence at the police-court last Wednesday fortnight—on the Wednesday before that I went to 26, Kynaston Street, and went with the Browns and Weaver to Gatti's—Weaver paid.
Cross-examined by William Brown. You did not go with me to the music-hall, nor anywhere else, except to King's Cross—Mrs. Brown went to the music-hall.
MARGARET WOODLOCK . I live at 7, Surrey Court, Green Street, Blackfriars—I was at 26, Kynaston Street, washing—Mrs. Collett and William Brown were rowing—William Brown called out that he would round on Mrs. Collett for stealing a 5l. Bank of England note out of the boy's pocket—Mrs. Collett said it was a lie—William Brown also said that Mrs. Collett sent his wife to the pawnshop whilst he went to the station with Weaver—no answer was given.
Cross-examined by William Brown. You said "They have got some money; I can't make out where they have got it from."
Harriet Brown's Statement before the Magistrate says: "I changed the notes not knowing they were stolen. I changed each at a place where I was well known."
Harriet Brown's Defence. Mrs. Collett asked me to change the notes, and I did so at a place that used to be named Bridge's. I did not know they were stolen. She said her nephew had come up from the country and made her a present of them. That is all I know.
William Brown's Defence. On 16th Feb. about 9 o'clock, I had occasion to go into the yard, when I saw Weaver, who asked me to find him a train to Yorkshire. I went to the public-house where Farmer the barman is who has given evidence. I afterwards went with Weaver and Cummings to the station. Weaver gave me half-a-crown to get some beer, of which we all partook. He afterwards gave me 2s. to fetch some ale, as we had to wait, and I brought back the 1s. 10d. change, and he said I might keep it. I came back home. I never received a penny with a guilty knowledge.
HARRIET and WILLIAM BROWN— NOT GUILTY . WEAVER and HENRY COLLETT— Twelve Months' Imprisonment . ELIZABETH COLLETT— Fifteen Months' Imprisonment .
MESSRS. STRAIGHT and MEAD conducted the Prosecution; and MR. WILLIAMS the Defence.
FREDERICK GRAY (Policeman 176l). On Saturday, 9th February, about 9.15 p.m. I went to Lack's Dock, Vauxhall, and saw the prisoner and another man fighting—I asked them to leave off, but they refused—I tried to separate them, and they took off the belts which they wore round their waists, struck me across the back with them, and knocked my helmet off—I took the prisoner into custody—he was rescued by some of his companions, and I was knocked down—McBrien then came up, and the prisoner made his way to 6, White Lion Court—I pointed him out to McBrien, who followed him—I then went to White Lion Court—McBrien was at the door, partly in, and partly out, and I saw the prisoner strike him twice on the head with a bar similar to a poker, it was like this (produced)—McBrien towards the stairs—another man was there with a great stick in his hand—the prisoner went upstairs—Glen came up, and took McBrien towards the station—he was insensible and covered with blood—I struck the other man who was there, and the prisoner then made a third violent blow at McBrien, but missed him, and caught the door.
Cross-examined. There were ten or fifteen roughs there at the first part of it, and I was knocked down by them—it was about ten yards from where they were fighting to White Lion Passage—the bar was used about ten minutes after the fight—I stood inside the doorway—I saw the door open on the ground-floor—I did not go in—the person who used the bar came down the stairs.
Re-examined. I am sure the prisoner was one of the men who was fighting—I lost sight of him before he got to 6, White Lion Court, but I had pointed him out to McBrien, and to Glen also—I saw his face, and am certain he is the man.
about 9.30, I went to Lack's Dock—the back of the houses in High Street, Vauxhall, looks on the back of the houses in White Lion Court—I saw Gray on the ground—he pointed to the prisoner, who ran across the road—I followed with Glen, and am quite sure the prisoner is the man—he ran into 6, White Lion Court, and the door was shut, but it opened immediately, and I got in, and caught the prisoner by the left shoulder, and told him he must go to the station with me for assaulting 106l—he said nothing, but dealt me a blow on my head with some blunt instrument, which knocked me insensible—I did not feel a second blow—he is the man I caught hold of—I had seen him before, and knew him by sight—I had been on that beat since Monday morning—I have two wounds on my head, and one on my arm—I feel the effect still—my helmet was knocked off.
Cross-examined. I knew him before, and knew his name was Quillegan, but I did not know his Christian name—I have seen him a good many times—the man who struck me was not on the stairs when he struck me the first blow, I never saw him anywhere but in the passage, another man was there who I cannot identify—a light shone from the top of the stairs over the balusters—it was sufficient for me to see the prisoner's features.
Re-examined. When I got into the passage my attention was at once directed to laying hold of the prisoner—I put my hand upon the shoulder of the person immediately in front of me and that was the prisoner—there was no time for anybody else to come up—it must have been a blow from the man whose shoulder I touched—I saw nothing in his hand before he went in, but his back was to me—there was time to get a poker between the time of the door shutting and its being opened again, if it was convenient, and there was no time for anybody to have interposed.
CHARLES CORBETT BLADES, M. D . I am surgeon to the police—on the 9th February I was called to the station and found McBrien with a large wound over two inches long, on the back part of his head, going down to the bone; and another not quite so long on the front part of the right side of his head—either of them might have killed him—this instrument would have caused it; great violence which must have been used—I kept him in bed 12 days, and he is under my care now.
JAMES GLENN (Policeman 7 LR). On 9th February, about 9.30. p.m., I was in High Street, Vauxhall—I went to Lack's Dock and saw Gray down on his knees with his helmet off, and the prisoner, whom I knew as living at 6, White Lion Court, standing in front of him—Gray pointed to the prisoner and said "That man has knocked me down, take hold of him"—I made towards the prisoner—he ran—I followed, accompanied by McBrien—I did not lose sight of him—I followed him to 6, White Lion Court—I was in advance of McBrien—I entered the door first and McBrien passed me in the doorway, and I think he had hold of the prisoner when I went in, but I am not positive—the prisoner went upstairs, fetched a piece of iron like this, and came down, and McBrien was going to lay hold of him and he struck McBrien with it twice—I am sure the prisoner is the man—McBrien was just in front of me—he fell towards the foot of the stairs—I saw a third blow struck, but it missed him—when he fell I had my arm around his neck and the blow struck the door—Gray was behind me, my helmet was off—I pulled McBrien out into the street, put him in a place of safety, and went into Vauxhall Walk to look for the prisoner,
and saw him on top of a blacksmith's shed, the wall of which is a portion of White Lion Court, and the shed is a lean-to against the wall—a person could get over the top of the wall at the shed—I got on to the shed and he rolled off into the back yard of No. 6—I went into High Street and saw him come out of No. 10—the back of High Street abuts on the houses where he lives—I followed him—he ran and went into a house in Vauxhall Square—I followed him into the house and found him in bed with his clothes off, except his neck-tie—there were two little boys in bed and he rolled in at the foot—I afterwards went to No. 6 and found this iron bar and McBrien's helmet—No. 10 is where most of the gas men work and low people.
Cross-examined. When the door of No. 6 was opened I did not see the prisoner at first—the blow was not dealt when the door was first opened—I saw the prisoner get away from McBrien and go upstairs—McBrien had the same opportunity of seeing him go upstairs as I had—he came down with a poker in his hand—McBrien was not standing there all the time, he was trying to get upstairs—there was a light at the top of the landing—I think it was a lamp, it stood on a table just in the doorway—I Could not see it, I only saw the light from it—McBrien did not go up any of the stairs before he was struck—I saw no other men on the stairs or in the passage.
By the COURT. The prisoner went upstairs directly McBrien went in, and came down with a piece of iron in his hand—it took about as long as I have been answering the question.
GUILTY —** Five Years' Penal Servitude .
Before Robert Malcolm Kerr, Esq.
392. JOHN BROWN (21), PLEADED GUILTY to breaking and entering the dwelling-house of William Rush, and stealing therein two jackets and other articles, the goods of Louisa Rush .— Eighteen Months' Imprisonment . And
393. THOMAS BURRELL (20) to burglariously breaking and entering the dwelling-house of William Allen, and stealing therein one clock, his property, after a conviction at Newgate in March, 1876.— Two Years' Imprisonment . [Pleaded guilty: See original trial image.]
MR. WILMOT conducted the Prosecution; and MR. BESLEY the Defence.
WILLIAM GEORGE DENNETT . I am a draper, of High Street, Peckham—about the middle of November the prisoner called—I knew him as a commercial traveller—he said that he was engaged to go to Turkey for the London Stereoscopic Company, and would not have his money till the day before he started, and on a second occasion he said that he was also going as special wire correspondent for the Daily News, and could not pay for all he wanted until he received an advance—I supplied him with shirts, 10 yards of flannel, 16 yards serge, and other articles, and somebody else with other articles, of which this is a list (produced)—he said that he wanted the serge as a present to his wife on her birthday, and that he should have a draw at the end of the week—he took the shirts and rugs
with him on credit—I let him have them because I believed he was about to receive money from the Daily News and that I should be paid—I subsequently met him in the street and he said that his going had been postponed, but that he should go when the English Army went out to fight the Russians—I afterwards called on him and could not see him, but he wrote me this letter without a date—I do not know his writing—I went to the Daily News office about a week afterwards, and the prisoner was given in custody—I have never been paid, nor have I received the goods back.
Cross-examined. I knew that he was living with his wife at the address on this letter—she has dealt with me for cash, and I once trusted her little girl for four yards of serge—they live five minutes' walk from me—I do not know how long the prisoner was out at the seat of war, but when he returned he came to my shop as usual—he had always paid me cash before—he had the 16 yards of serge and the shirts and flannel in November, and I saw him again next day or the day afterwards—I knew his wife was not going to the East—he gave me to undestand that he was going to have money; that was my real reason for letting him have the goods—I said at the police-court that I wanted payment for the goods.
Re-examined. They were worth between 13l. and 14l.—the 16 yards of serge was part of that—it was put down in one bill at his request.
FLORENCE JULIA HOUGHTON . I am apprenticed to Mr. Dennett—I served the prisoner with part of these goods—he told me that he was going out to the war and did not expect to come back alive—he did not pay for them.
LEWIS HAWS . I have been engaged at the manager's office of the Daily News 12 months—the engagement of a correspondent would come under my notice—I am bound to know the names of the correspondents—I do not know of Edward Powell being engaged—I heard of it from the manager about three weeks ago, but no one of that name has been engaged since I have been there—I never saw the prisoner.
Cross-examined. I am nothing more than a clerk in the manager's office—I must hear of persons seeking engagements—I am the manager's secretary—I know nothing about Mr. Morby—I heard of Mr. Pocock's application to Mr. Robinson, and I know what the effect of the answer was, but it did not come through my hands.
CHARLES STEVENS (Detective P). I took the prisoner on a warrant, for obtaining rugs and other articles from Mr. Dennett—he said "I have had no goods from Mr. Dennett"—I said that I must search his house—he said that the goods would not be there, they would be taken under an execution—there was no furniture in the place, I only found two old neckties.
NOT GUILTY .
MR. READ conducted the Prosecution; and MR. MONTEFIORE defended Neville.
—on Sunday morning, 24th February, I went to bed last, after locking up—I had been in bed about 20 minutes when my wife called my attention to a noise below—I sprang out of bed and ran to the room door—some one said "Come on, governor, thieves in the house"—I ran to the bottom of the stairs and found the officer in a stooping position with Neville—he said "Take my staff, there are others in the house, strike the first you come to"—I took the staff and went to the back door—I saw Smith, seized him, and dared him to move or I would strike him—I struck a light in the shop—the constable sprang his rattle; another constable came and relieved me, and I went upstairs and dressed—I examined the place—a hand saw was removed from its place—the fastening of the lock had been strained—possibly one got in at the side door while I was putting up the shutters, as I had to go round the house—I heard the door bang when the officer came.
Cross-examined by MR. MONTEFIORE. I closed soon after 12 o'clock, and finished my books, so that it was 1.10 before I went to bed—I fell asleep—a lamp was burning the whole time.
GEORGE BYWATER (Policeman P 94). About 1.30 on 24th February I was in Deacon Street—I saw three men loitering about the prosecutor's shop—I concealed myself in a doorway—they walked away and returned—two of them stood outside—the side door in Brandon Street was opened—some person passed and the door was quietly shut again—I walked over behind the two men who were standing outside—they walked quickly away—I looked for them; they were out of sight—the other man was standing in the opposite corner—I went up to the door and tried it, it appeared to be fast—I gave three gentle scratches on the panel of the door—it was opened by the prisoner Neville—I rushed in—Neville got between my legs and the door, and tried to force his way up—I held him by the neck—we made a noise—I heard voices—I called out "Come on, governor, there's thieves in the house"—the prosecutor came down—I handed him my truncheon and told him to knock either down that attempted to move—I opened the door and sprang my rattle—Hollis came—we secured the prisoners and took them to the station—I told the prisoners the charge—Smith said "What, with stealing a saw?"—I said "Yes, it has been removed, which is the same thing" or words to that effect—I searched them—I found on Neville a penny and a duplicate—I have said I found a bag; that is a mistake—I found on Smith a pockethandkerchief, some matches, and two keys—Smith said " Do not lose that out of the bag"—that reminded me that the bag belonged to him—I went back and searched the premises, but found no trace of forcible entry—this is the bag, and this is the handkerchief, marked "E. G. Edwards."
Cross-examined. This is a corner house—I do not know that I have seen Neville before—the locks appeared weak but not broken.
GEORGE HOLLIS (Policeman P 131). On 24th February I heard a policeman's rattle—I went and saw By water struggling with Neville, and the prosecutor with Smith—I took Smith to the station, returned to the house, and found this hand-saw near the fireplace.
Smith's Defence. We had been drinking rather heavily, found the door open and walked in, the door closed and we heard a knock and a scratch, we opened the door and a policeman ran in.
GUILTY . SMITH* was further charged with a previous conviction in
November, 1873, at Newington, in the name of William Burke, to which he, PLEADED GUILTY.— Seven Years' Penal Servitude . NEVILLE*— Two Years' Imprisonment .
MR. AVORY conducted the Prosecution; and MR. A. B. KELLY the Defence.
SIMEON MORRIS HARRIS . I am a partner with my father, in Borough Place, Waterloo Road, as rag merchants—the prisoner was in our employ—on Monday, 21st January, he borrowed 20s.—he did not come on the Tuesday—on Wednesday I found this note on one of my bill heads: "Dear Sir,—I am very queer this morning and have a most severe headache. Excuse me until after dinner. I have given the men their orders. Your obedient servant." He did not come back that week—on 28th January I met him in Waterloo Road—he said "I have been to the counting-house, and Mr. Nicholson said I had better not commence business till I saw you"—I said "He was quite right, and had he let you come I should have been very much annoyed; I want you to explain your conduct last week"—he said "I suppose I can come back again, you will look over it?"—I said "Certainly not"—I refused to take him back—he then left me—I had not given him any authority to pay railway charges on 24th January or on 1st February—when he left my service on 22nd January he had none to pay—none of my vans had run over a child—Mr. Rees, Mr. Berry, and Mr. Carrington are my customers.
Cross-examined. I had a weekly engagement with the prisoner—I thought he was ill—I did not consider him out of my employment on January 22—if he came there on the Thursday at 7 o'clock he had no right there, as his time was 8 o'olock—I was there at 8 o'clock—he did not come then—when I saw him on the Monday he demanded no wages, nor has he since—I asked him for the 20s. I lent him—I said "You have robbed me of 20s."—I considered him discharged—he had no authority to borrow money to pay charges—he had been six or seven months in my employment—he took the weights and helped to unload—weights are taken by the buyer and seller—it is not a confidential duty.
Re-examined. Messrs. Rees and others applied to me for payment, and then I became aware of what the prisoner had done—he had a key which he took away; I got it back a fortnight after.
WILLIAM CARRINGTON . I am a rag merchant in Great Suffolk Street—I knew the prisoner as clerk at Mr. Harris's—on 24th January he brought me this note: "Will you oblige me with the loan of 10s. 6d. till Mr. Harris turns up, as I want to send our carman to rail with some charges, and oblige, yours truly, Broadbent?" I gave him 10s.—he asked me for some water flock, and said that Harris wanted it—I have not heard that they did—I next saw the prisoner in custody—I applied to Mr. Harris for payment—I advanced the 10s. believing the note.
EDWARD REES . I am a rag merchant, of 51, Essex Road, Islington—I knew the prisoner as Mr. Harris's man—on 25th January, about 8 p.m., he came into my parlour, and said that Mr. Harris's van had severely injured a child, and he had been sent over by the junior
partner to try and settle, and he found he could settle it if he could get 2l., and he would give me an I O U on Harris' account—I gave him a piece of paper, and he wrote "25th January, 1878, I O U on account of M. Harris and Son, of Waterloo Road, 2l., Thomas Broadbent. Mr. Rees." I gave him the 2l. believing his statement—I applied to Mr. Harris for payment.
Cross-examined. Mr. Harris told me the prisoner had left his employment—I would not hare advanced 2l. on the prisoner's account.
JOSEPH BERRY . I am a rag merchant, of King Street, Finsbury—I had seen the prisoner at Mr. Harris's—on 1st February, about 5 p.m., he came and asked me for a sovereign to pay some railway charges for Mr. Harris—I lent him the sovereign, and he wrote this out, and handed it to me: "M. Harris and Sons, 13, Borough Place, Waterloo Road, 1st February, 1878. Mr. Joseph Berry, I O U 20s. Thomas Broadbent, clerk to the above." I believed his statement, and paid the money.
HENRY DYKE (Detective L). On 20th February I took the prisoner on a warrant, which I read to him—he said he had a perfect answer to the charge, that Harris dared not prosecute him, as he knew too many of the secrets of his business and trade.
The Prisoner's Statement before the Magistrate. "I assure you solemnly I never had an unworthy motive; on the contrary, I borrowed the money on my own account, and had I been applied to should have repaid it honestly. I reserve the rest of my defence."
GUILTY .— Three Months' Imprisonment .
MR. LYON conducted the Prosecution; and MESSRS. STRAIGHT and RAVEN the Defence.
JOSEPH CHARLES TURNER . I am head attendant at the Brookwood County Lunatic Asylum, Woking—on 31st January I saw Kirk at Brookwood station, standing on the platform—I saw a parcel like a basket on the weighing machine—I saw "W. Kirk, 218, Cable Street, St. George's-in-the-East" on it—I saw the porter put it into the van—I heard the prisoner say "Is my parcel gone?"—I made a note in this book at the time.
Cross-examined. Dr. Bushfield sent me to the station—it was about 5.30—a patient named Charles Harris carried the parcel to the station—the patient would not be allowed to do so without the permission of the medical attendant—Plumley has been at the asylum eight years, and Kirk nine years.
GEORGE BEADLEY (Policeman 73). On 1st February I went to Waterloo Bridge station—I saw this basket addressed "W. Kirk, 218, Cable Street, St. George's-in-the-East"—I opened it, and found 15 1/2lb. of beef, 2 1/2lb. of pork, another 2 1/2lb. of beef, 2 1/2lb. of sausages, a pound of tea, 3lb. of moist sugar, 2lb. of loaf sugar and l 3/4lb. of brown, and 3 3/4lb. of cake—I repacked the parcel, and accompanied it in the van to the address on it—I saw it delivered to Kirk's mother—I then took possession of it—it was opened in the passage.
Cross-examined. I received information on 31st Jan. from Turner.
this packet of sugar has my writing on it, "Dr. Barton"—I wrote it on 25th Jan.—I delivered it to the kitchen maid, Jane Kirk—it is Dr. Barton's weekly allowance, 2 lb.—it is the property of the Visiting Magistrate—this butter has also the Asylum mark.
Cross-examined. Supplies are served out every week separately for each officer—Kirk has charge of them—I never heard Dr. Barton complain—I have heard that Plumley was for many years cook at the London Hospital—she has been about nine years at the Asylum—Kirk has been there a long time.
WALTER CASS . I am clerk and steward at Brookwood Asylum—when servants come into the employ of the Asylum they sign this Obligation Book—the prisoners signed it—one rule is that no food shall be taken from the Asylum.
Cross-examined. I cannot say when the prisoners signed, but before this offence was committed.
Re-examined. This basket is the property of the Asylum—there are a great many there—they come from Brittany with butter.
DR. THOMAS MADAULD BRUSHFIELD . I am medical superintendent of Brookwood Asylum—this basket and its contents were brought to my office on 2nd Feb. by Sergeant Beadly—I sent for Plumley and Kirk—I told them they would be charged with stealing the property of the Asylum—it had been taken away on the previous Thursday—Plumley said "I sent it to Jane's brother as a wedding present"—she had previously concealed the basket—she also said "I put everything in it, Jane only took it to the station; it is all my fault, I am sorry for it"—Kirk said "I did it, I promised my brother a wedding present, I took it to the station, it is all my fault"—I had given permission for a parcel to be taken to the station, but I did not know what it was—a patient assisted Jane Kirk to carry it.
Cross-examined. Mr. Plumley was beadle at the London Hospital, and Mrs. Plumley was cook there many years after they married—she came to the asylum at my request—we have often changed our cooks—I reside in a house detached from the main building—I have no allowances—Dr. Barton lives at the asylum—the prisoners gave great satisfaction as servants.
Re-examined. Superintendent Barker was present when the basket was opened.
JOHN CLARKE (Re-examined). One lot is served out to the 50 male and one to the 50 female attendants; 1¼ lb. of meat free from bone to each every week and 1/2 lb. of butter—Plumley received Dr. Barton's and her own—she had the control of it all.
The Prisoners received good characters.
GUILTY . Strongly recommended to mercy by the Jury.—Six Months' Imprisonment each .
MR. LYON conducted the Prosecution; and MR. LILLEY defended Cook.
DR. THOMAS MADAULD BRUSHFIELD . On 1st February, about 12.30, I saw a parcel in the cook's department at the Asylum in a wrapper tied with rope, and addressed to Miss Cook, Putenham, Guildford, and gave information to the police—my cook was housemaid at the Asylum eight years—my former evidence as to the "Obligation Book" would apply to her.
Cross-examined. Cook left in March, 1877, and went to live with her parents at Futenham—she had an excellent character—she came to the institution ball on 16th January by my permission—I do not know whether she left her dress behind—I was told her mother was ill afterwards.
HENRY MELMOTH (Surrey Constabulary11). On 2nd February I watched Hunt's van from Knap Hill—I saw this box taken out and put into Giles's van, the earner to Futenham—I went to Puttenham—I saw Giles take the box from his van and put it into the cottage where Mary Cook resides—she came downstairs, received the box, and paid Giles 4d. for carriage—I went in and told her I was a constable from Guildford, and asked her to open the box in my presence—she hesitated—she undid the cover and took out two skirts and a collar—she then said "I know pretty well what is in it and who sent it"—I said "Will you take it out for satisfaction?"—she would not do so—I took it out—the key was in the skirt—there was a piece of fresh pork and half a shoulder of mutton, a piece of bacon, some pickles, tea, sugar, pudding, and cake—I put the things back—I told her I must take her to Mr. Barker upon the suspicion of these goods being part of the proceeds of a robbery at the Brookwood Asylum—she said "I am sorry."
Cross-examined. Cook was called downstairs by her mother, who appeared to be an invalid—she was standing by the fire.
NOT GUILTY .
399. AMELIA PLUMLEY (54) was again indicted, with JOHN HUNT (47) , for stealing 17 herrings of the Honourable Francis Scott and others, the Committee of Visitors of the Surrey County Asylum at Brookwood; . upon which MR. LYON, for the Prosecution, offered no evidence
NOT GUILTY .
MR. POLAND conducted the Prosecution.
CHARLOTTE JARRATT . I am barmaid at the King's Head, Newington Causeway—I remember the prisoner being taken into custody, but do not know the date—about a fortnight before that I saw him at the bar one Saturday morning, between 10 and 11 o'clock—he asked for twopennyworth of rum and gave me a florin—I found it was bad—he said "I got it from the market"—I handed it to my master, who told him to go out of the house and never come in again—he drank the rum but had no money to pay for it—he asked for the florin back—I refused to give it to him—I am sure he is the man, he wore ear-rings.
SARAH JARRATT . I am a barmaid at the King's Head—on the night of 9th January, or the morning of the 10th, I served the prisoner with some rum—he gave me a bad florin—I took it to Mrs. Coles and saw her give it to Mr. Coles—the prisoner was detained—I had seen him there a fortnight before on a Saturday, between 10 and 11 a.m., but did not see my sister serve him—I am certain he is the man.
gave me a bad florin—I spoke to the prisoner about it—he said he did not know it was bad—one of the barmaids said that he had been there a fortnight before—he said that he had not, but I remember him, and gave him in charge—I will not swear, but I believe he is the man I spoke to a fortnight previously, when Charlotte Jarratt gave me a bad florin—I put it with four other bad florins and cannot now pick it out—I am certain it is one of these. (producing five florins.)
ALICE MARY BRITTAIN . My father keeps the Ship, in the Borough Road—on, I believe, 3rd January I saw the prisoner there—I had served him about three weeks before that with a glass of ale—he gave me a shilling—I bent it and found it was bad—he asked for it back, but I would not give it to him—I gave it to the potman—I am sure the prisoner is the man—I saw him again at the police-station.
Cross-examined by the Prisoner. I saw you both at the gaol and in the station when you were taken before the Magistrate—there was more than a week then between the two times.
Re-examined. I recognised him when I saw him in the goal—he was with a lot of others—I did not see him taken out of the cell.
Prisoner's Defence. I was taken to the police-court on 10th January and locked up until the Saturday week following, when the woman from the Ship came. A policeman then came to the cell door, and I asked the warder to let me put on my coat. She stood there with the warder, and then they brought me out and stood three more men with me. She did not say I was the man, but walked away with the warder. I was locked up for five weeks and did not know the dates till I came up here last Session, and I have two letters here to prove where I was (Handing them in to Court). I own to giving one of the florins, but I did not know it was bad. Those letters will show that I could not have been there, and that I was working hard throwing up ballast. I could have proved it at the time, but after being locked up Ave weeks the man I was working with might forget the date. I did wear earrings. I am perfectly innocent.
NOT GUILTY .
ADJOURNED TO MONDAY, APRIL 8TH, 1878.