CENTRAL CRIMINAL COURT.
OWDEN, MAYOR. TENTH 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. Tuesday, August 6th, 1878.
Before Mr. Common Serjeant.
MR. POLAND conducted the Prosecution; and MR. STRAIGHT the Defence.
COLONEL MONTAGU JOSEPH FIELDING . I live at 34, Bridge Road, Hammersmith, and am a retired lieutenant-colonel in the British Army—in December, 1876, I was desirous of purchasing 20,000l. of Egyptian stock; that was the nominal value—I did not buy it myself, I employed Mr. Byers, a stockbroker—the real value of it was 10, 800l.—I paid 369l., and arranged with Mr. Byers that he should effect a loan with the London and County Bank for 10,500l. to pay for it—I gave Mr. Byers 20,000l. worth of London Chatham and Dover Stock to lodge with the London and County Bank for what they term a margin—the value of that roughly was between 5,000l. and 6,000l. I think the loan was for six months—I left the matter to be carried out by Mr. Byers—I afterwards had to arrange with Mr. Byers about renewing the loan—I was under the belief that the Egyptians had been purchased and deposited with the London and County Bank with the London Chatham and Dover stock, and that the loan had been effected on my behalf in the way I have mentioned—in September last year I arranged with Mr. Byers that the loan from the London and County Bank should be paid off, and a loan obtained from the Bank of England, and in consequence of what he stated to me about the extra margin required, I gave him 100 shares of the Lombardo-Venetian Railway; they were of the value of 650l. I believed that the fresh loan had bean effected in that way—I think I first discovered' in March that my stock had not been deposited with the Bank of England—I communicated with my solicitor and the bank, and an inquiry took place, and I then instituted this prosecution against Gattie, Keymer being then out of the way—that was in the beginning of April—the result has been that I have parted with my London Chatham and Dover stock and the Lombards, and got nothing in exchange.
Cross-examined. I have known Mr. Byers several years—he had not acted for me before in matters of speculation—I knew he was not a member of the Stock Exchange—I employed Mr. Foster, a stockbroker, to purchase my London Chatham and Dover stock—that was no speculation—I was not aware who Mr. Byers was employing for the purpose of carrying out this transaction—I did not know that Mr. Foster had anything to do with the transaction in reference to the Egyptians—I don't know in what way Mr. Byers was to be recompensed for his trouble; there was no arrangement between us, I paid him nothing; he did it as a friend—I told him to buy 20,000l. Egyptian stock—I knew he had purchased them, because I saw both the brokers through whom he purchased them, Mr. Foster and Mr. Davenport; he bought 10,000l. through each—I can't tell you the date when I ascertained from them that the speculation had been completed, I left it to Mr. Byers—I think it was at the latter end of 1876—I have not ascertained that the Egyptians were got rid of early in 1877; we have got some accounts which only came in on Saturday, which I think will explain it, but we have not had time to go into them; we got them from the accountants who were employed when Keymer was made bankrupt—I think those accounts disclose the transactions between Keymer and the brokers he employed—I only saw Keymer once in my life before this affair; that was on one occasion upon renewing the loan; some time in 1877, at Mr. Byers office—Keymer was the party negotiating the loan on the Egyptian stock and the Chatham and Dover, which was collateral security for the loan—I am not aware at what date the Lombards were sold; I don't know that they were sold for Keymer by a Mr. Sichell on 29th September last for 652l.—I think the first loan with the London and County Bank was for six months; it may have been only for three; I don't remember—when the time for renewal came I left it with Mr. Byers and Mr. Keymer—I paid Mr. Keymer a commission—I think I paid him a cheque direct to himself, through Mr. Byers—I paid him on the first occasion 23l. odd, by cheque; I think I paid that through Mr. Byers—on the second occasion I paid him again by cheque, but the amount was reduced one-half; that was by an arrangement; that was 11l. odd—on all these occasions I had no reason to doubt but what the loan was effected with the London and County Bank; I thought they had the Egyptians—Mr. Byers understood that they had; I don't remember that he actually told me so, he took it for granted; I was satisfied because he was satisfied they were there—I was satisfied with what he told me—I knew him very well for many years; he had been secretary to a company with which I was connected—I had no receipts for the commission I paid, the cheque itself would be a receipt—I have not got it here—I think it was in March I first heard something about this matter from Mr. Byers—at that time I think Keymer had left the country—it was after Christmas, 1877, that I first heard of the London Chatham and Dover stock having been converted—I don't remember when I first heard of Mr. Gattie with reference to this matter; it was from a commission from Mr. Byers, not from the Bank of England—I made inquiries at the Bank of England ultimately—Mr. Gattie had then been discharged—I think this was the only transaction I had through Mr. Byers's instrumentality.
Re-examined. I executed transfers of the London Chatham and Dover stock into the name of the London and County Bank.
but not a member of the Stock Exchange—I became acquainted with Colonel Fielding in 1871—I had been buying and selling large quantities of stock, and keeping accounts for him; through members of the Stock Exchange, they of course paying me a commission on what business I brought—I kept the accounts; I acted as a kind of secretary to Colonel Fielding—in December, 1876, I was requested by Colonel Fielding to buy for him 20,000l. worth of Egyptian stock, and to try and obtain a loan on the deposit of that stock, and also 20,000l. London Chatham and Dover stock belonging to Colonel Fielding, as a margin, without naming any bank—I arranged the loan through Mr. Foster, through whom 10,000l. was purchased, and Mr. Davenport bought the other 10,000l.—Mr. Foster was to arrange the loan—I obtained from Colonel Fielding the transfer of the London Chatham and Dover stock, he handed them to Mr. Foster in my office, and Mr. Foster arranged the loan with Keymer and Co.—he did not deliver the Egyptian stock to me, I took no part in it after—I did not go to the London and County Bank—I did not know Keymer at that time—I had never seen him before—I was afterwards informed that the transaction had been carried out with the London and County Bank—the loan was for 10,000l., and the period was, I think, for three months—I am not sure the purchasemoney was 10,800l., Colonel Fielding paid Mr. Foster a cheque for 367l.—10,500l. was advanced—I got my commission from Mr. Foster and Mr. Davenport—I did not see Keymer till I heard of his failure—the loan had then been arranged—it was renewed for three or four months, perhaps six, up to September, 1877—I did not personally renew it, Colonel Fielding merely sent me his cheque to pay the commission, and I handed it over to Mr. Foster—I did not know Keymer in the transaction—I first saw him about May or June—nothing was arranged between us as to obtaining a loan from the Bank of England—I had casually asked him about Colonel Fielding's stock, that I hoped his failure had not affected it in any way—from the conversation I had with him I believed that the Egyptian and Chatham and Dover stock was all right at the London and County Bank—it was ultimately arranged that a fresh loan should be obtained from the Bank of England to pay off the loan to the London and County Bank, because the Bank of England would do it cheaper—I agreed with Keymer in September that he should do that—he said that Egyptians had fallen in the market price, and consequently they required an extra margin of about 500l. for security—I communicated with Colonel Fielding and got from him 100 Lombards about the 27th or 28th September—I had seen Mr. Gattie before that—he called at my office, Mr. Keymer brought him, I should say a day or two before I got the Lombards—Keymer introduced him, he said that Mr. Gattie was a very old clerk in the Bank of England, and that he had facilities for procuring loans that other persons had not, and that he had arranged to renew this loan through the Bank of England, owing to his father's connection with it and his long servitude, and that his father used to sign the bank-notes—it was at that conversation that the extra margin was spoken of—I cannot recollect what further conversation passed—the Colonel was prepared to give any amount of margin that was required—when I got the Lombards I went to the Bank of England—Mr. Keymer enclosed me this letter first, it is dated 28th September: "Dear Keymer, I have got the transfers for the 20,000l. Chathams, and also the 20,000l. Egyptians, please therefore send me the 100 Lombards. You will have to wait about an hour before I can give
you a receipt.—Yours truly, Wm. Gattie." After that he called on me and we went to the Bank of England.; I took with me the 100 Lombards—I there saw Gattie in the bullion office behind the counter—I gave him the Lombards and he gave me the receipt (Read: "Bank of England, Sept. 28, 1877. Received from Mr. William Gattie, per Messrs. Horace Keymer and Co., 12,680l. of Egyptian preference stock, 6,000l. Egyptian unified stock, 20,000l. London Chatham and Dover Railway stock, and 100 shares in the Lombardo-Venetian Co., as collateral security against an advance of 9, 427l. 10s. for four months, at the rate of 4 per cent per annum.—E. H. Palmer.") On reading that receipt I noticed that it did not state that it was Colonel Fielding's stock—Keymer said if I could come round to the bank he would see Mr. Palmer and get him to say the stock belonged to Colonel Fielding—he left Gattie and went with me to one of the offices of the Bank—he went round the corner and made some inquiry there, and I heard the reply distinctly that Mr. Palmer was out—we then returned to Gattie, and I told him that the receipt did not state that the stock belonged to Colonel Fielding—he said yes, and he proceeded to write, and Keymer said "I will write the receipt," and he then wrote the letter which Gattie signed in my presence. (This stated that the stock in question was the property of Colonel Fielding.) I assumed that the receipt was the genuine receipt of Mr. Palmer, and that the stock had been actually deposited by Keymer with the Bank of England—I enclosed the receipt to Colonel Fielding immediately I got them.
Cross-examined. For some years, from 1871 up to the time of this transaction, I had frequently made purchases of stock for Colonel Fielding, both speculative and for investment—the Egyptians were an investment—it was the beginning of December, 1876 that he first spoke to me with reference to the Egyptians—I heard only last Saturday that the Egyptians were disposed of to Taylor's early in 1877, and the Chatham and Dover stock in February, 1877, according to Messrs. Taylor's accounts; they are stockbrokers, with whom Keymer had transactions—in March, 1878, I heard from Gattie himself that he had the Chatham and Dover stock in his possession—I don't think that was after Keymer had absconded—I got 40l. or 50l. commission from Foster and Davenport—the Bank of England charged 3 1/2; per cent interest, and the London and County 4¼;—I don't know that that was the attraction—the attraction was this, that Keymer said he could get the stock renewed through the Bank of England, because Gattie was an old friend of Mr. Godrich, his partner's father, and he carrying on his monetary transactions through Gattie—I did not know Keymer previous to his failure—I knew him through Mr. Foster as a financial agent and stockbroker—I had every faith in him—I had no conversation with Gattie after the receipts were given—I had never seen him till he was introduced to me as I have described—Mr. Foster told me he had seen the stock paid over—I placed confidence in him—we had large transactions together.
Re-examined. Gattie had dealings with Messrs. Taylor in other matters—Colonel Fielding was from time to time credited with the dividends on the stock up to the last renewal in January, 1878.
EDWARD HOWLETT PALMER . I am the governor of the Bank of England, and was so in September last—the signature to this receipt is not mine, or by my authority—I knew nothing of it till this inquiry—I sometimes sign "E. H. Palmer," but more often more fully—there is no attempt to imitate
my signature—I was not at all aware of the transactions between Gattie, Keymer, and Mr. Byers—Gattie had no authority to deal with loans—he was one of the junior clerks in the bullion office.
Cross-examined. He has been in the Bank about thirty-four years—he has always conducted himself satisfactorily as far as I know—I entered the Bank as a director in 1858—I should think my writing would be known to the persons employed in the Bank—it would be very difficult to get at my signature except for a specific or proper object—I don't think the governor's name is handed about—Gattie might hare an opportunity of getting at it, but I can't say in what way.
Re-examined. My signature would not come before him as a clerk in the bullion department—I received this letter from him giving an explanation of his conduct.
FRANK MAY . I am chief cashier in the Bank of England—loans on stock would come under my notice—Gattie had nothing to do with negotiating loans—no Egyptian or London Chatham and Dover stock or Lombards were deposited with the Bank for a loan of 9,427l. in September last—the transaction to which this receipt purports to relate is all a fiction—there is no William Henry Barker in the Bank—I do not know Keymer—I never saw him till to-day.
Cross-examined. I have known Gattie twenty-four or twenty-five years; he has always held a responsible and respected position in the Bank—I have not known him privately—I knew his father; he used to sign notes of a certain description—one of the prisoner's sons is now in the Bank.
Re-examined. Gattie has been in the bullion department seventeen or eighteen years—he worked for a short time in the loan office; but I don't think he had anything to do with loans—he was one of the ordinary clerks in the bullion department—I should say he was a good man of business and attended to his duties.
GEORGE FOSTER . I am a stockbroker, of 30, Throgmorton Street, City—in December, 1876, I was instructed by Mr. Byers to make a purchase of Egyptian stock for Colonel Fielding, and to obtain a loan through the London and County Bank for the purpose of paying for it—I bought 10,000l. of the stock—I had 20,000l. London Chatham and Dover stock given to me to deposit with the Bank by Colonel Fielding in the presence of Mr. Byers in his office; the transfers were made out at the same time—it was through Mr. Byers that I had to do with it—I knew Colonel Fielding before—I was to pay 5,250l. for the 10,000l. Egyptians—I knew that Mr. Davenport had purchased the other 10,000l. the day the loan was completed—I did not sell the stock; I had nothing to do with it beyond taking it there—I gave the back contract to Colonel Fielding through Mr. Byers—I obtained the delivery of the whole of the Egyptian stock—I got manual possession of it, and gave it to the London and County Bank, or rather to Mr. Keymer there; I gave him 20,000l.—Mr. Davenport was there with the other 10,000l. stock—this was on 15th December, 1876—the London Chatham and Dover stock had been given a day or two previously, in order to give him time to arrange the loan—Mr. Keymer was at the London and County Bank for the purpose of completing the transaction, and he handed me a crossed cheque for 5,250l. for my proportion of the Egyptians—I demanded bank notes, which I got, and then I gave him my stock, and Mr. Davenport did the same; he also got
bank notes—I was under the belief that the Egyptian stock had been deposited with the London and County Bank for the loan.
Cross-examined. I had known Keymer about a year and half previous to this transaction—he appeared to be a very energetic young man in business, and I should think very clever—I had no other transaction with him—I had acted frequently for Colonel Fielding and Mr. Byers—the cheque Keymer gave me was on the London and County Bank; it was signed "Horace Keymer and Co."—I was aware that he had an account there and at Glyn's—he said that it was in consequence of his having an account at the London and County that he thought he might be able to obtain facilities for advance from them—I walked on with him to Glyn's, and waited outside—he said, "They do not care about lending on Egyptians, but I have no doubt my other bankers will do it," and he brought out a piece of paper, and said, "That is what they will do it at; I have just had an interview with the manager"—I have been engaged on Stock Exchange transactions over 20 years—Mr. Keymer was a person who conveyed to me the impression that he had means, and substance, and position, because he had a partner who was stated to have forty or fifty thousand pounds—he said his particular business was financial, not Stock Exchange—he had three or four partners, very large offices, and he banked at the Bank of England, I understood, at one time, besides Glyn's.
Re-examined. I understood that from him, either directly or indirectly—he gave me the idea of having plenty of money and plenty of means to get loans—I knew Mr. Goodrich, one of his partners, who is the son of a very rich man—the firm was Horace Keymer and Co.
JOHN NICHOLAS HUTCHINS . I am a clerk in the Stock Office of the London and County Bank, 21, Lombard Street—on 14th December, 1876, the Bank received on the account of Keymer 20,000l. London Chatham and Dover stock, and we made an advance of 3,400l. on it to the firm of Horace Keymer and Co.—that stock remained in our possession till 28th February following, when, the loan being repaid, the stock was given up—there was no subsequent loan on the 20,000l. Egyptians—there was no such transaction—I knew nothing of Colonel Fielding.
Cross-examined. I told him he would be charged with Gattie for conspiring to defraud Colonel Fielding—he said, "Where is Gattie?" I said, "In Newgate"; he said in the train that he should do all he could to assist Grattie, that Grattie was in a measure under him, and he would assist him as far as he could—he said almost, if not quite, that Gattie was innocent.
(A letter was read in the opening speech from Gattie to the Governors of the Bank of England, explaining his share in the transaction, and declaring his innocence of any fraud.)
Witness for Gattie.
HORACE JOHN KEYMER . (The Prisoner.) I shall be 24 in November—in 1876 I carried on business with Mr. Goodrich and Mr. Dalgairns as Keymer and Co.—Mr. Goodrich's father had capital and we had capital in the business besides—we were stockbrokers and financial agents—I was not a member of the Stock Exchange—I had a private account, and the firm banked at Glyn's, the London and County, and the National Provincial—
Mr. Foster consulted me about obtaining a loan—that was the first transaction with him—the securities were to be these Egyptian and Chatham and Dover stocks—I went to Glyn's—they would not advance the money—I went to the London and County, and Mr. Howard, the manager, agreed to advance 3,400l. on the London Chatham and Dover stock—we had a balance at the London and County Bank—I gave Mr. Foster a cheque for 5,250l. and Mr. Davenport a cheque for 5, 250l.—the 3,400l. was placed to my credit—we retained the Egyptian stock—my partner, Mr. Dalgairns, is about 40 years of age—he is now, I believe, in Italy—he signed the document in respect of this loan—I found myself in difficulties, and having been called upon to pay the 5,000l.; I sold the stock hoping to be able to replace it—that was on 1st January, 1877, or December, 1876—the loan was for three months, and when the three months expired we took up the stock and sold it—the Egyptian stock was ultimately sold—the value of the Chatham and Dover stock was then about 4, 200l., and the Egyptian about 6,000l.;—on my liquidation in May, which was very sudden, Mr. Byers and Mr. Foster came to me and asked what I was going to do with respect to the loan—they seemed anxious on account of Colonel Fielding—I assured them the stock was at the bank—Mr. Foster asked me for Mr. Goodrich's address—I did not want Mr. Foster to go to Mr. Goodrich's house, so I gave him the address of Mr. Frederick Goodrich, my own partner—Mr. Foster went away—a long time afterwards Mr. Byers told me that he had been to the London and County Bank and had ascertained that the stock had been sold—he said he did not want to hurt me, but something must be done, and if I could state that the stock was all light and could be replaced in three months, he would take my word for it and would let the matter be renewed for three months—about 27th September, 1877, I went to the prisoner Gattie, at the Bank of England, and asked him to become a nominal holder of the London Chatham and Dover and Egyptian stocks—Gattie agreed that the stock should be transferred into his name, and that he should lend money on it—nothing was said about the Bank of England—I may have mentioned Mr. Palmer, but not Mr. Palmer of the Bank of England—Gattie said as he was incurring no liability, nor infringing any rule he should be willing to do it—I told him he would have a commission—that was all the inducement Gattie had—Mr. Byers afterwards requested to see Mr. Gattie, and I took him to Mr. Gattie's office, and Mr. Gattie said what I told him, that he had heard that I wanted an advance of, I think, 9,400l., and that he could get it—Mr. Byers agreed to give the requisite security for the 100 Lombard shares, but that there must be a margin—nothing was said about the Bank of England—Gattie merely acted as the nominal holder of the stock—on the 28th I went with Mr. Byers to the Bank with the shares—Gattie had nothing to do with drawing up the receipt—I drew that up—that is why I have pleaded guilty—Gattie did not know its terms—he has not seen it—the receipt was given to Mr. Byers in an envelope—I am not sure whether the envelope was fastened—the letter referring to Mr. Palmer as "your director" is my writing, but the words "a director of the Bank of England" I added afterwards at Mr. Byers's request—I left the country on 17th March—Mr. Gattie did not know the receipt was forged.
Cross-examined by MR. POLAND. The Egyptian stock was left for a day or two at the London and County Bank, and then I carried it off and sold
it by degrees at the Stock Exchange through our brokers; the first lot on 15th December, the same day I got it—it was all sold by 1st January, 1877—I applied to Mr. Howard for the money to meet the cheques to Mr. Foster and Mr. Davenport—I was to get the money during the day, and I did so—we had a balance of nearly 2,000l. besides at our bankers—I gave the stock to Charles Taylor to sell, and he gave me the money for it directly—the firm had the benefit of the proceeds—I got the Chatham and Dover stock from the bank on 28th January, 1877—that was sold by Charles Taylor also—we had the benefit of the difference; the understanding was that we were to raise the loan upon the two stocks and to pay for the Egyptian stock, which was to be Colonel Fielding's property—we were in a position to produce the stock at any time, if Colonel Fielding asked for it up to our liquidation—we had other securities at the bank—I had no fear of discovery, because we could produce the stock—I had known Gattie two and a half or three years, partly in business transactions and partly privately—I did not visit at his house till 1877—Gattie sometimes required a loan and I made him advances—I think the whole amounts of loans before September, 1877, was within 100l., in various sums, generally in cheques—he gave me his note of hand, no other security—I knew he was a clerk in the Bullion Department of the Bank of England—when I spoke to him in September, 1877, I did not tell him I had disposed of the stock—he was not to pretend to be the holder of the stock, but being the nominal holder he would be the transferee—Egyptian stock is not transferred by deed, but to bearer—I knew that, but Gattie thought it might be by deed, he knew very little about Stock Exchange business—no names are registered of Egyptian stock—the Chatham and Dover stock was not transferred to him—when I went with Gattie to Mr. Byers, I did not say the Bank of England, but that our merchant would require other securities to the extent of 100 Lombards—I introduced Gattie to Mr. Byers as a clerk in the Bank of England when we arranged the loan—I forged the receipt—Gattie received the stock at the Bank of England, and when Byers was gone gave it to me, and I went and sold it to Mr. Sichel—the letter of 28th September is written by Gattie, stating "You will have to wait about an hour before I can send you the receipt;" that was before the receipt was given—the letter was sent by messenger from the bank—that was for me to show Mr. Byers—the letter that I wrote out, and that Gattie signed in my presence, had not the word "Director of the Bank of England" when he signed it—I wrote the letter in Gattie's presence—I forget what commission I paid Gattie for this, I think about 20l.—he owed me money then, about 100l. I think—it had been owing some time—I had not pressed him for payment—I also had some stock-broking transactions with him—I had a stock account with him, which began the end of 1877 or the beginning of 1878—he owed me 170l. then for differences—I know Mr. Alexander, of 2, St. Michael's House, Cornhill—I think he is a director of some company—I decline to answer questions about my transactions with him—it might criminate me.
Re-examined by MR. STRAIGHT. Knowing my position, having pleaded guilty to the indictment, I say that Gattie knows nothing of this forged receipt.
GATTIE received a good character— NOT GUILTY . KEYMER— Five Years' Penal Servitude .
NEW COURT.—Tuesday, August 6th, 1878.
EDWARD BRODRIBB RANDALL . I am one of the firm of Randall and Angier, of Gray's Inn, and have carried on business there for something like 27 years—we had a client in 1875 named George Baden Crawley, who had been for about two years a solicitor in partnership with his father—we represented him in a supposed claim which Mr. Noyes had against him—from time to time a number of cards were brought to my notice addressed to Mr. Crawley, and shortly afterwards I received cards of the same description—this card with the postmark of 9th May was delivered by post at our office—the defendant had called on me, and I had had a conversation with him. (Read: "George Baden Crawley, care of his two attorneys, Randall and Angier, Gray's Inn Place, W. C. If the two cruel rogues and sharp practitioners who have conspired with the felon George Baden Crawley, to cheat his creditors and defraud his partner, enable him to escape judicial retribution for criminal. conduct in a Criminal Court, as so many black sheep of their corrupt profession are in the habit of doing in parallel cases, do not lake their names off the Rolls of their profession, their names will be taken off by the Lord Chancellor ere long.") I had had nothing to do with the defendant when I was concerned for Mr. Crawley—he was an entire stranger to me, but I know his writing—this post-card is his writing—I subsequently found it necessary in the Chancery suit to make an application to the Master of the Rolls, and while it was pending we received these nine post-cards (produced), they are in the defendant's writing.
Cross-examined by the Prisoner. We have acted for G. R Crawley for about 18 years—I do not know how many times he has left England since that, or how many years he has resided abroad—he has been in Mexico, France, Belgium, and Spain—I believe he first acted as your solicitor in the matter of this mine—I am not aware that he was expelled from his firm in 1861, certainly not or that a circular was sent to the clients of the firm to say that he had left it, and was going to reside abroad—I do not know the date than an agreement was entered into between him and you, there was an agreement between you and others—I have no recollection of seeing it—I am aware that you put 2,500l. into the mine, but not that you lent it to Mr. Crawley for the purpose of working the mine—I saw Mr. Maskelyne once, three, four, or five years ago, but I do not think Mr. Crawley put the papers into my hands at that time—I saw a note of hand in Court for 1,200l., and recognised Crawley's writing—I am not aware that a joint account was opened in his name and yours at Hughes's bank—you produced an account in your joint names—I am not aware when it was—two or three solicitors
have applied to me saying that you had a claim against Mr. Crawley, but I have not refused to furnish the accounts to them—your solicitor issued a writ against Mr. Crawley, but I do not know the date—I filed a demurrer on Mr. Crawley's behalf—when I obtained a warrant against you I did not tell you that I elected to proceed criminally against you, and intended to abandon the proceedings in Vice-Chancellor Malins's Court—I said on the return of the warrant, that if your friends would take charge of you I was prepared to abandon the proceedings—I did not proceed against you before Vice-Chancellor Malins while I had you locked up at Clerkenwell, without giving you information that I intended to do so—Mr. Maskelyne produced a bill for 2,500l. about 20 years old, and said that he believed it had never been settled, and asked if I would undertake, if proceedings were not taken, not to plead the statute—I said that it was a very stale thing, and I could give no undertaking.
CHARLES ALLAN ANGIER . I am a solicitor, and have been in partnership with Mr. Randall twelve years—Mr. Crawley was a client of ours—I never saw the prisoner but once in my life, and I never spoke to him.
Cross-examined. You called on us last autumn to induce us to compromise Mr. Crawley's matter—I do not recollect what took place, except that I never spoke—I was called up by my partner to be present, but I never spoke to you—I do not remember taking down the correspondence, and asking you if it was your writing—I did not threaten to lock you up if you corresponded again, but I believe Mr. Randall did—I was not in the room when you entered it.
Re-examined. I have communicated with Mr. Crawley since last Session, and he has come from abroad to be examined if necessary.
Witnesses for the Defence.
THOMAS HALL . I am managing clerk to Mr. Emmett, a solicitor, of Essex Street, Strand—I am aware that Richard Pigeon holds a note of hand for 1,250l.—I have seen it—I believe Mr. Angier asked to take proceedings upon it, and Mr. Pigeon refused to give it up except on payment of his costs—I know that he has declined to send in a bill of costs—Mr. Emmett is too unwell to attend on your behalf to-day—I am unable to find in his office your correspondence with Mr. Maskelyne.
GEORGE BADEN CRAWLEY . I acted as your solicitor in 1858, but not to your father and yourself—I entered into some agreement with John Edward Hibbett Pearl", but I cannot tell you what it was—it was a long time ago—I did not represent a mine in Glamorganshire as being of very great value—I said that I knew nothing about it—I am not sure that it was not you who introduced Mr. Jones to me—I knew nothing but what he told me—I do not know what your occupation was, or whether you knew anything about mining—now you mention it, I remember that you were employed at the Home Office—I cannot say whether I invited your father to provide capital to work that mine, but he did advance 2,500l. to you, and you were to work it—as far as my memory serves me, you and your father borrowed money, which was what I was principally doing for you—the 2,500l. was advanced by your father to both of us; he would not advance it unless I joined in taking a share in the mine, if I remember rightly—I do not admit giving you a note of hand for 1,250l., but from what I have heard I believe it was so—I paid that note of hand by giving you up my half of the property, and handing you over the balance—that was at the end of 1860—I handed you
something above 500l.—we settled accounts, and I handed you over the balance, but I cannot tell you where the receipt for it is—I have not got the originals of the three agreements between us—I have detained no documents whatever. (The prisoner put in a notice to produce the documents, which he had served on the witness and on Mr. Angier; Mr. Angier stated that he had never seen the original documents.) I gave up every document, and I presume that, when I settled with you, you took them—it it possible that I destroyed them when I was removing from 117 to 104, Bishopsgate Street—I burnt several cartloads of paper, but I set my clerk to work for days, and the only documents he found I gave to Messrs. Randall. (The COURT informed the prisoner that the questions he was putting were quite irrelevant to the issue.)
Cross-examined. I was in Bucharest ten days ago, and was requested by Messrs. Randall and Angier to come to this country—I arrived here yesterday morning—the 500l. balance was handed to the prisoner in the beginning of 1861—there was no promissory note or bill between us which was not honoured—I have paid in hard cash, out of my own pocket, 1,800l. for the prisoner—the Chancery suit was brought against me this year, all that time having elapsed—I have been carrying on very extensive railway contracts Abroad.
By the Prisoner. This note of hand for 2,500l. (Produced by the prisoner) is my writing, and bears your signature—I have never seen this pass-book before; it is a copy made by the bank—I cannot tell you by whom the cheques were drawn; it is only "cheque, cheque"—looking at the last two items, I cannot tell you to whom I paid this 500l.—I lent it on some security—I cannot say whether this is my demurrer—I have been away from England, and have not seen, my solicitor.
MR. EMMETT (The Prisoner's Solicitor.) I began to correspond with Randall and Angier with regard to your claim against Mr. Crawley in October, 1877, as far as I believe—they were acquainted with your claims against Mr. Crawley last year, long before this writ was issued—they did not plead ignorance of your claims against him—you placed the papers in the case submitted to Mr. Southgate in my hands—this (produced) is the document referred to—I cannot say whether it contains a fair statement of your claims as they are founded upon your own statements—your demurrer was an admission of the facts, and I so advised the Counsel.
The Prisoner in his defence stated that he was a County Magistrate, and would not make any statement which he did not believe to be true. He complained of the absence of his solicitor with some most material papers, and that he had not subpœnaed Mr. Pigeon, and contended that by the evidence he was justified in his conduct, believing that Messrs. Randall and Angier were cognisant of all that Mr. Crawley had done, and were therefore his accomplices; that what he had written under the belief that he had been grievously wronged was not a libel; but, having been told that Randall and Angier were innocent, he would withdraw the accusation against them, which he believed to he true when he made it. He further stated that he had been charged with lunacy, being a spiritualist and planchette writer.
GUILTY .— To enter into recognisances to appear and receive judgment when called upon .
668. FRANK JOSEPH SHARPE (22) to two indictments for forging and uttering cheques for 19l. 1s. 3d. and 15l. 8s. 2d. with intent to defraud;— [Pleaded guilty: See original trial image.] Twelve Months' Imprisonment and
669. JOHN LEWIS (21) to feloniously forging and uttering an indorsement to an order for the payment of 6l., also to stealing the same.— [Pleaded guilty: See original trial image.] Six Months' Imprisonment .
MESSRS. LLOYD and DE MICHELE conducted the Prosecution.
LEWIS BARRETT . I am a tobacconist, of 341, Old Street, St. Luke's—on 26th June I saw Weeks leave the Bell public-house—I followed her to Shoreditch Church, where she spoke to Green, and they walked away some distance—Weeks went into a public-house, and Green waited 20 yards off—Weeks came out, joined Green, and they walked together again, and I saw something pass between them—they parted again in High Street, Hoxton—Weeks went into a public-house and Green waited for her 20 yards off—I went in and spoke to the barmaid—Weeks came out and joined Green, and I spoke to a policeman—Weeks went into another public-house, and I went in and spoke to Mrs. Bryant—the policeman brought Green into the house, and they were both given in charge.
ALBERT MASTERSON . I manage the Bell, High Street, Shoreditch—on 26th June Weeks was served with some beer and tendered a metal sixpence, which was returned to her—she left, and Mr. Barrett followed her.
SARAH BRYANT . My husband keeps the Myrtle, Hoxton—on 26th June Weeks came in and tendered a bad sixpence—Barrett came in and spoke to me—N 26 brought Green in, and Weeks and Green were given in custody with the sixpence.
THOMAS ENNIS (Policeman 26 N.) Barrett pointed out the prisoners to me; I watched them—Weeks went to the beerhouses and Green remained at the corner—Barrett went into the public-house, and I took Green and took him into the public-house and charged him—he said that he knew nothing of Weeks—I received one sixpence from the Prince Albert, one from the Crooked Billet, and one from the Commercial.
GREEN— GUILTY .— Two Years' Imprisonment each .
MESSRS. LLOYD and DE MICHELE Conducted the Prosecution.
CAROLINE KITCHENER . My husband is a grocer and postmaster at Mill Hill—In July the prisoner came in with a letter in his hand and said that he wanted it registered—I told him to fasten it—he did not do so—I wrote the name in one part of the book and said "Seal your letter up and I will give you the receipt"—he was holding what appeared to be a sovereign in his hand, and asked me to put it in—I said "You had better do it yourself"—he said
"This is a sovereign, is it not?"—I said "Well, it is a very bright one," and I took it and saw on it "To Hanover"—I said "This is not a sovereign at all, I can tell by its weight"—my son weighed it and returned it to me—I gave it to the prisoner and said "This is not a sovereign at all, who gave it to you?"—he said "My sister"—I said "Who is your sister?"—he said "My sister will take it back again"—I said "My good man, have you taken it for 20s.?"—he said "Yes"—he seemed a poor simple countryman, I don't think he knew what it was.
CAROLINE BARRETT . My husband keeps the Adam and Eve, Mill Hill—the prisoner tendered to me what appeared to be a sovereign, it was like this—I told him it was not money at all—he paid with twopence and went away.
ELIZA WHEELER . I am the wife of Joseph Wheeler, of Mill Hill—on 15th July the prisoner came in for half an ounce of tobacco and change for a sovereign, which he put into my hand—I threw it across the counter to my husband—I saw the word "Hanover" on it—it was very similar to this.
JOSEPH WHEELER . My wife threw this coin over to me and said "This man wants change for this"—I said "You scamp, this is bad, and you know it, where did you get it from?"—he said "From Mr. Gubbins"—I said "I will send for him"—he then said that he got it from his son, who was working for Mr. Gubbins—I gave him in custody.
REUBEN BARHAM (Policeman 425 S.) On 15th June Mr. Wheeler gave the prisoner into my custody with this coin—the prisoner said that he took it of Mr. Gubbins, an offman, who made a collection for him while he was in the country—he told the sergeant at the station that his son gave it to him—I searched him, and found 1s., 6d., and 5 1/2d., all good, and this letter.
Prisoner's Defence. My son gave it to me. (The letter was from the prisoner to his mother, and stated: "George gave me 1l. to send home. I was so pleased I did not know what to do with myself. You take care of it.") NOT GUILTY .
OLD COURT .—Wednesday, August 7th, 1878.
Before Mr. Justice Field.
MESSRS. POLAND and STRAIGHT conducted the Prosecution; and MESSRS. WARNER SLEIGH and CRISPE the Defence.
SARAH ANN RINGROSE , I am the wife of Edward Ringrose, and live at 6, Wellington Street, Shacklewell—my last child was born on the 29th May last—Mrs. Branch was not with me at the time, she nursed me afterwards—I had some violet powder in my possession, which I had bought at Mr. Kidd's, No. 10, Wellington Street, about three months before my confinement, it was a penny packet—I kept it on a shelf, and ultimately turned it into a clean white pot about three weeks before the child was born—I don't remember what colour the packet was, or what name was on it—I had never bought any there before—the child was a healthy child when born, there was no redness about its body, it was a female—the violet powder was used to it—I had used violet powder to my other children—on the second day after its birth (30th May) I noticed a redness all over the body, and on
the next day there were some sores all over it—I noticed sores about the the navel—Mrs. Branch stopped using the powder—the second day the child got worse, and died on the 7th June—Dr. Brown, who attended me in my confinement, called on the 31st to see me, and then saw the child—Mrs. Branch gave some of the powder to him and also some to Mr. Inman, the Summoning Officer.
ELIZABETH BRANCH . I live at 18, Brown's Blace, Shacklewell—I assisted Mrs. Ringrose in her confinement—the child was a nice baby born—I washed it directly it was born—there were no marks about the body then—the violet powder was put for my use in a powder-box on the table, and I used it to the baby with a rabbit's foot—I used it each time I changed the napkins, that was about twice in the course of the day—on the second day, I think, I used the powder about four times to the child, once in the morning, and afterwards merely when I changed the napkins—I noticed on the second day the child looked very red, and on the third day it was going red, yellow, and black—I then left off using the violet powder, and used starch—the navel was turning black, and the stomach hard—Dr. Brown was sent for, and I called his attention to the state of the child—I had read in the papers about a week before that there was some inquiry about violet powder—the child got worse—I gave Dr. Brown some of the violet powder out of the box.
By the. COURT. The first day I used the powder all over the child—I put more to the navel than other parts, that is usually done—the navel had not healed then—there was no blood on it—it was tied up—I did not use the powder again till the evening, when I changed the diaper—I did not touch the navel then, nor till I showed it to Dr. Brown.
DR HENRY BROWN . I am a Licentiate of the College of Physicians—I attended Mrs. Ringrose in her confinement—her child when born was perfectly healthy and full-grown—on the third day when calling at the house my attention was directed to the child's stomach—I found swelling and redness all over, more especially around the navel and about the genitals, and in every crease and fold of the body, the ribs and thighs—there was also discoloration and hardness all about the stomach, and all parts wherever the inflammation was—those appearances seemed to me to have been caused by some irritant poison—I there upon made certain inquiries, and was shown some violet powder—I had not had my attention called to anything in the newspapers, or heard anything of the matter—I took some of the violet powder away, and directed them to keep the remainder—I continued to attend the child daily until its death on the 7th June—it got worse each day—on the fourth day, the 1st June, sores appeared on the stomach, round the navel—they presented a very darkened appearance—they were about the size of the end of a pin's head, and increased in number and size down to the time of death—those sores fortified my opinion as to the appearances having been originally caused by some irritant poison—sloughs also formed along the groin, and round the navel—I reported the case to the Coroner, and about 12th June I made a post-mortem examination—a pupil from the hospital assisted me—the head and brain were perfectly healthy, also the lungs and other organs, except the liver, that was very much enlarged and congested; that confirmed my view—an irritant poison goes immediately to the liver—in my opinion the actual cause of death was exhaustion from the inflammation—an irritant poison like arsenic would cause the appearances
and results I found—I showed the body to Professor Tidy about a month after the death—it was exhumed for that purpose—it was very much decomposed—the packet of violet power I received from Mrs. Branch, it was taken out of the powder-box, and I put it in paper, and gave it to the Coroner's officer at the inquest—he gave it me back, and I ultimately gave it to Professor Tidy—I also received another portion from the Coroner's officer, which I also handed to Professor Tidy; that was in a paper, not in a packet.
Cross-examined. I saw the child within half an hour of its birth; it had been washed; I did not notice whether it had been powdered—I heard no complaint of any sores until the 31st—the umbilical cord had not then dropped away—I think from the diseased condition it did not drop away at all; it was retarded in its natural progress, and resolved itself into a large ulcer—the worst sores were immediately round the navel and between the thighs—in my opinion the poison had penetrated through the navel, in the first instance through the pores of the skin; that occurred to me at the time; I should not think it penetrated through the cord itself; there is no circulation in the cord after birth.
THOMAS JOHN INMAN . I am summoning officer to Mr. Humphreys, the Coroner—I was present at the inquest—I heard the prisoner examined—I received from Mrs. Ringrose a packet containing powder; it was an old packet in a piece of paper; I wrapped it in a stouter piece to preserve it, and gave it to Dr. Brown on the first day of the inquest.
CHARLES MEYMOT TIDY . I am a B. M. And Fellow of the Chemical Society, professor of chemistry and medical jurisprudence at the London Hospital, and medical officer of health to the parish of Islington—I am joint editor of a work on medicine and toxicology—I have had a large experience in poisons—on 14th June I received these two packets of powder from Dr. Brown—I analysed them; they presented the same analysis: White arsenic, that is arsenious arsenic, 38.5; potato starch, 54.8; a little magnesia, with possibly a little lead and lime, very small, 6.7; making 100 parts—it was scented, but I took no cognisance of that, it was so minute—the ordinary proper violet powder ought to be made of starch, with a little orris root, and scented; the best is made of com flour—I think it is very undesirable to use terra alba, that is sulphate of lime—the chief use of violet powder is to prevent chafeing; it is used for children, and by ladies, and for footmen—terra alba is very often used in inferior kinds of violet powder; it is much cheaper than starch—the outward application of the powder containing 38 per cent of arsenic, or any arsenic, would have an injurious effect on children of tender years—it would be absorbed, and in dusting a child with it, no doubt a certain quantity would get into the air and be inhaled; the application of it to the genitals and the rectum would be another means by which the arsenic would find entrance into the system, and after washing, the absorption would be more rapid; if there was any cracking of the skin it would be very rapidly absorbed, and even in a sound skin—I have heard Dr. Brown's description of the state of this child, and in my opinion those appearances would be produced by the outward application of violet powder containing arsenic—on 26th June I was at the London Hospital, when the body of the child was shown to me by Dr. Brown; it was in a very advanced state of decomposition, too far to allow me to give an opinion on the special post-mortem appearances—I first removed the liver, and found in that 1 1/2; grains of
arsenic: in the stomach and intestines 1 grain, and a trace of arsenic in the kidneys; and from all the other parts I obtained 4 grains, making altogether 6 1/2; grains—that was decidedly sufficient to cause death—the eruption was one of the symptoms of arsenical poisoning—one grain of arsenic is recorded to have killed a man—I think the arsenic I found here might be produced by the outward application of the powder containing it—the relative weights of terra alba and arsenic are 2.3 and 3.7.
Cross-examined. I heard Dr. Brown say that the child died from exhaustion—I think the arsenic I found in the body might have entered through the mouth, and the vagina and rectum, apart from that absorbed into the skin; that would account for the exhaustion—the greater the quantity absorbed, the greater would be the exhaustion, and the more speedy if taken in through the apertures than if through the skin—as a ride arsenic is a preventive to decomposition, but there are exceptions where it has been hastened rather than delayed—I do not think the decomposed state of this body was inconsistent with death from arsenical poisoning—I had the prisoner's formulas for the preparation of these powders laid before me; there were two qualities—there was nothing but starch in the first—there was no apparent difference in bulk between the two; unless weighed there would be no perceptible difference to the hand; there might be to the eye—I think I could tell the difference; it is difficult to speak for others.
Re-examined. In one packet the difference in size might not be noticed, but in a gross of packets I think it would.
MART KIDD . I am the wife of Edward Kidd, of 10, Wellington Street, Shacklewell—he keeps a general shop—we had violet ponder in stock; it was in stock when we took the business fifteen months ago from Mr. Kemp—there was a cardboard box full of penny packets—I can't be sure whether the box had a glass top to it; the packets were in white paper with blue letters, and the name of King on them, like this produced—Mrs. Ringrose was a customer at our shop—I cannot remember whether I sold her any powders—I read in the paper that there was something wrong about these powders, and I then collected all we had left, about fourteen; they were in the box—Mr. Walton, Mr. King's traveller, called on us, and we handed them to him—I thought we had better not sell any more—he called for orders, and I mentioned it to him, and he said, "You had better give them to me"—I can't say how many we had sold—I dare say fifty or sixty—I think there was about half a gross in the box.
Cross-examined. Walton did not call to ask for the packets; he called for orders, and I said. I thought we had better not sell any more, and asked if he would take them, and he said "Yes"—I don't recollect his telling me that he was going the round of his customers to get them because of the communications that had been made to him—he said he would return us other powders for them.
EDWARD KIDD . I bought the business of Mr. Kemp on 12th February, and amongst the stock was some violet powder in a box—I saw it from time to time—the packets had on them "Henry John King, Violet Powder for the Nursery"—it was a white paper with blue printing—I have no remembrance of buying any Violet powder—I used to deal with Mr. King for other articles, Seidlitz powders, cough drops, and other things—he came for orders every Monday—I don't know what has become of Mr. Kemp—on Monday, 26th May, I remember Mr. Walton, the traveller, taking away
what was left of the packets of violet powder; he called for orders; there was another traveller, a miller, in the shop, and a conversation arose about the violet powders, and Mr. Walton said, "By the bye, have you any left; if you have I will take them away, for there appears to be something wrong with them"—I don't think my wife was present the whole time—she was in and out from the private parlour—I found all the packets I could in the window, where they were always kept; there were about eight or nine packages; they were done up in brown paper and handed to him—they were not in a box, they were loose in the window; the box had got broken.
Cross-examined. Mr. Walton asked for them, and I collected them.
THOMAS WALTON . I live at 1, Fox Lane, Haggerston—I have been travelling for Mr. King eight or nine years—his place of business is 14, Abbot Street, Kingsland—he is a wholesale druggist and drysalter and general packer—my district includes Wellington Street Shacklewell, and Mr. Kidd's shop—I knew the shop when Mr. Kemp carried on the business—I called there for orders every Monday—I cannot give the particulars of the various orders, the old books have been destroyed—Mr. King dealt in violet powders—I used to take orders for them all over London and deliver them—I have no recollection of taking any order for violet powder from Mr. Kidd; I used to call there for orders in the usual way—I heard from Mr. King that there was something wrong about his violet powders; I believe that was some time in May; he told me that he had had a letter from the Treasury, specifying that there was something wrong with the violet powders; that they contained some poisonous matter—he asked me to collect in all powders that I knew of, and give notice to his customers for the carman to bring back any violet powders which they might have by them, and he would send fresh in the place of it—I went to Mr. Kidd's on Monday, 2l. st May, or the following week, on my ordinary round—I saw Mr. Kidd in the shop and another young fellow—I asked him if he had any violet powders; he fetched them from some part of the window; they were not exposed to the eye; they were laid about loose—he gave them to me; I think there were about nine packets like these—I took them and gave them to Mr. King; I told him where I had got them from; I saw no more of them—some years ago I have seen the violet powder manufactured—I had a good deal to do with it about five years ago; I used to assist in the manufacture—Mr. King assisted at times; he gave out the materials, and gave the orders to whoever was employed—I don't know who weighed out the materials; Mr. King and sometimes Mrs. King gave out the quantities; they had a formula, a receipt-book—the materials were kept in a kind of stock-room—when they were mixed they were put in little packets with papers round them, and the boxes were filled from the bulk by one of the daughters or one of the girls employed—there was no weighing at all—I never made violet powder from terra alba; only starch—there was no terra alba used at that time; it was first used about two years ago, instead of starch, and the price was reduced from 7s. or 8s. a gross to 5s. 6d. or 6s.—they were placed in quarter-gross boxes, with glass tops—after this I collected violet powder from other customers besides Mr. Kidd, by Mr. King's direction—I ordered them to be sent in at once when on my regular rounds.
Cross-examined. The orders I took were entered in book by Miss King, and when my commission was paid I destroyed my books—when we
wanted to manufacture some of the violet powder the materials were put in a large tray by the party who was going to make them; about four persons were employed in making them; they were weighed, not by any particular person, but by whoever happened to have the order from Mr. King—I have seen Mr. King mix them, and then he would no doubt weigh the materials himself—he gave the quantities from his receipt-book on each occasion—I can't say that he was always present; he kept the receipt-book—when I have made it up it has been already weighed out; Mr. and Mrs. and Miss King would be the persons in possession of the receipt-book; I could not tell the receipt.
Re-examined. It is a small establishment—about three or four girls were employed, and a young chap about eighteen or twenty to look after the horses—no one but the girls was employed in the manufacture; their work was filling and folding, not mixing; they had very little to do with the mixing—occasionally they did—various persons mixed the stock; I could not tell who; it was either the girl or the young man that was employed at that time—they passed it through the sieves at different times, so that it might be well mixed.
By the COURT. These are Mr. King's printed lists, from which I took orders; some of the things are priced, and some, not most, of the things were bought from wholesale houses; some were made on the premises; the violet powder was made on the premises—the person who weighed out the materials placed them in a bag, not in a tray; they were left in separate bags till such time as the person, whoever it might be, called to mix them in the tray; they were passed through sieves till they were thoroughly mixed—I can't say that the persons who bought them would know what they were made of—no insect powder or fly paper was made on the premises, nor was any arsenic used; I was not aware that there was anything that contained arsenic—the business has been established ten or twelve years—the things that came from the wholesale houses were kept in the stock-room, and taken out as they were wanted.
THOMAS ROOTS (Detective Inspector.) On 20th May I went to the prisoner's premises, and served him with two summonses—I read them to him—he made a statement to me which I took down in writing. Read: "I make two kinds of violet powder, best and common. The best is composed of 28lb. Of starch powder, two and a half magnesia, llb. orris root, and five drops of essence of roses; the common of 14lb. of terra alba, 21 of potato floor, three of magnesia, one of orris root, one and a half violet perfume, and five drops of essence of roses. These I purchase of W. and J. Bush and Co., of 21 to 24, Artillery Lane, Bishopsgate. I first purchased terra alba of this company on 21st February, 1878; previously of Mr. Fox, chemist and druggist, of Bethnal Green Road. The last purchased of him was on 27th October, 1877. I have Bush and Co. 's invoices, but none from Fox, as all purchases from him were for cash. I have never purchased arsenic, and do not know how it got into the powder. I do know there was arsenic in it, as Mr. Barnard analysed about six packets for me, and found arsenic in two. Directly I received the letter from the Treasury, I sent round to my customers and destroyed all the powder collected." He also said, "I have two horses and three travellers, and one man and four girls in my packing-room." He showed me over the premises—I saw girls there making up Seidlitz powders—he gave me, amongst other things, a specimen of his terra alba, to see whether there was
anything wrong with it—I was present at the inquest on this child—the prisoner was called and examined as a witness; his solicitor was there representing him—I saw him sign his deposition. (This was put in and read, and was in substance similar to his statement to the witness.)
WILLIAM ROBERT FOX . I carry on business at 109, Bethnal Green Road, with my father, as wholesale and retail chemists—we are registered as such—we deal, amongst other things, in terra alba, which we sell at 5s. per cwt.—we should charge that to Mr. King—and cornflour starch at about 26s. the cwt, and potato starch about 24s. or 22s.—28lb. of terra alba would be 1s. 6d.—we never sell a hundredweight of arsenic—we should charge about 4s. for 28lb.; it is very seldom we sell 28lb. of arsenic—I do not know Mr. King as a customer; as a ready-money customer, very likely I should not know him—if he or his daughter came and purchased terra alba over the counter, there would be no entry made; he would pay for it, and carry it away—these packets produced contain 28lb. of terra alba and 28lb. of white arsenic; I weighed them myself—the paper is exactly the same, but the arsenic is in a smaller bag—we should deliver 28lb. of terra alba in a parcel like that; a hundredweight we should deliver in a cask or bag—I also produce two bottles, one containing terra alba and the other white arsenic, 4 oz. in each—we deal in white arsenic—we have a poison-room, in which poisons are kept—we generally have white arsenic in stock, and no doubt we had in February, 1877—it is kept in an iron-bound cask with a head—if an order for white arsenic was to be executed, our man would line a bag like this brown paper, to make it stronger, take it into the poison-room, put in the quantity by guess as near as he could, take it downstairs and weigh it, and deliver it—if 28lb., or any quantity beyond a pound, was sold to an ordinary customer, to be paid for at the time, the man in the shop would always have to come to us to get the price, and our instructions are that it should be entered in the poison-book—that does not extend to sale by wholesale—I have the poison-book here—if a written order is brought, we should instruct the man to keep it and file it—this book contains entries of the sales of poisons from October 21, 1875, to November 30, 1877—on 22nd February, 1877, there is an entry of 20lb. to a Mr. Steele, he had had it before I believe—the next entry before that is January 28, 1877, 4lb. and 7lb.; and the next before that January 19, 14lb.—there is no entry in this book of 28lb.—if a person came for terra alba the man in the same way would take a bag, I expect not lined in that case, take, it to the warehouse at the bottom of the yard, about 20 or 30 yards from the shop, fill the bag with it and give it out—the poison room is upstairs in a different building—we buy terra alba of a broker in Mincing Lane; the railway sometimes deliver it, sometimes we fetch it, in 2-cwt. bags—we get the arsenic in an iron-bound keg, and it is kept in the cask in which it comes—we have never had a complaint about our terra alba—it is principally used for violet powder; also for making ornaments for wedding cakes and sweetmeats, as a kind of plaster-of-paris—my partner is here.
By the COURT. We generally weigh the goods as they come in; the terra alba is generally weighed because we generally find it abort weight—the arsenic would be weighed in the same machine; it is a platform machine—I never knew an arsenic cask leak, they are always very strong—we take the arsenic out of the cask with a scoop, which is kept in the cask—all
the persons employed have access to the poison room—if the man brought down 20lb., when only 14lb. was wanted, he would have to take the surplus back; if he forgot it I think someone else would see it—terra alba and arsenic are very similar.
Cross-examined. Both my father and I gave evidence at the inquest—the respective values of white arsenic and terra alba are 11l. and 3l. per ton—I do not say that all our poisons are kept in one room—the liquid poisons are kept in the cellar; none of the solids to my knowledge—I should certainly say they could not be carried there by accident—I have interfered with the storing in the cellar ever since I have been in the business, about 17 years—the last time I went there to store anything would be about six months ago—I am there every day; I superintend the entire place and take a very active part in the business—we have two shops, and in the shop where these large poisons would be likely to be sold there are two men, and a man would be sent in to help if required—we should not sell a large parcel of arsenic or any other large parcel of poisons in our retail shop—I am certain not 28lb. of arsenic—the arsenic when sold would be brought down and put in the scale, and if too much, it would be scooped out of the bag and taken back upstairs in the scoop—it is a large scoop with sides—it would be taken up before the customer left and restored to the cask—to my knowledge arsenic is never sold without a written order—I cannot swear that it is not.
Re-examined. I can undertake to say that 14lb. would not be sold without a written order.
By the COURT. There are two shopmen whose duty it is to give out arsenic, Davis and Geary—they are both here.
By the JURY. I don't think it possible that two customers would be in the shop at the same time, one for 28lb. of arsenic and the other for 28lb. of terra alba—there is no entry of it in the poison book; it is possible, such a thing might happen; but in that case I should expect to find it in the poison book—we do not balance the quantities of poisons; we take stock, but we cannot tell day by day what quantity goes out, or what money there is in the till for it—we do not enter every separate thing we sell NOT GUILTY .
NEW COURT.—Wednesday, August 7th, 1878.
Before Mr. Justice Lindley.
MR. RIBTON conducted the Prosecution; and MR. PURCELL the Defence.
WILLIAM HENRY OCKERIDGE . I am a brushmaker, of 42, Stepney Green—in February, 1877, I had apartments in the prisoners' house, Stewardstone Road, Bethnal Green—their baby was then about six weeks old, and was healthy, as far as I could judge—early in June our attention was attracted by a noise as of an altercation in the prisoners' room, and we heard our name called—my wife and I went down, and the male prisoner was striking his
wife, who had the child covered up in her arms—I induced her to give it up, in case it should get a blow—my wife took it upstairs, and a horrible smell came from it—I cannot recollect what Frederick said to his wife, hut there was a quick succession of blows—I went upstairs and examined the child, and from the lower part of the lower jaw up to the hair was not one sore but a numerous quantity of sores—I examined its body, it was raw all round the crutch—its mouth was going—my wife dipped her finger in some butter, and it took it very ravenously—I called the male prisoner, and he came up—I was very much excited, and said "Good God, Wise, look at that poor child, it is absolutely starving; look at the state its face is in, you must know it, sleeping in the same bed"—he said "Yes, it has been ill"—I said "You must see a doctor at once"—he said "It's too late to-night, I will call on Dr. Berdoe in the morning"—that was on Thursday, but the child was not seen by a medical man till the following Tuesday—I went downstairs to see if there was any provision for feeding the child during the night, and after searching they produced a feeding bottle, which looked as if it had not been used for some time, as there was curdled, putrid milk in it—after a time a tube was found, and afterwards a teat, which ways so broken and bent about that I considered it useless—the father and mother tied it together with a piece of string—after the child was seen by a doctor, woman was appointed to sit up with it, and take care of it during the night—I asked Frederick whether he had provided the child with sufficient clothing, as my wife had to lend it clothes—a portion of the clothes it had on when it was taken to the workhouse were mine—about a fortnight after the doctor was called in my wife applied to the police, as the inattention was occurring again, and the child was removed to the workhouse—Frederick Wise worked in High Street, Borough—I worked beyond him, and used to pass his place of business, and have seen him there—he left about 7 a.m., and had about three miles to go to his work—he returned about half-past 7 or 8, sometimes later, but sometimes he was at home all day on Saturday, and sometimes half a day, and all day on Sunday—he was moderately sober—I have seen him in liquor, but it was not his constant practice—I have seen the woman drunk in the day time as well as at night—I have seen her lying on the kitchen floor—the child was generally lying in a box in the kitchen—when my wife communicated with the police the male prisoner abused me very strongly, and called my wife a filthy name.
Cross-examined. I occupied these rooms about 18 months—the prisoners occupied a sitting-room, bedroom, and kitchen—I have heard the male prisoner say that his wages were 2l. a week—I should call him sober in the general acceptation of the term, but his wife is a confirmed drunkard—Dr. Berdoe has attended her for delirium-tremens—the male prisoner was complaining of her being drunk and lying about the place on the evening when I saw him beating her.
EMMA OCKERIDGE . I am the wife of the last witness—we lived in the prisoner's house for some months—the child was about four months old when I first saw it; it was then very thin—I overheard a conversation about its being very bad and not likely to live—I knew there had been no doctor and that it was dying—when I first saw it it was in a little boy's arms in the passage—I examined it; it seemed to be very ill, and there were sores on its face—I got the mother to come up with it into my room; she was moderately sober—I tried to induce her to have a doctor; she said she dare
not do so—I have often seen her drunk during the day—the child was sometimes in bed in a little box in the kitchen—I never saw her feed it in a proper manner; a bottle was put for it, but it was quite useless—I drew her attention to it many times—the father was away during the day—early in June my husband and I heard him swearing at her—we went down and I took the child upstairs; its face was sore, and the lower part of its body was very bad indeed: it was sinking for want of nourishment—I gave it a bit of butter, as I was afraid life was leaving it—I went to the mother next morning and tried to impress upon her to get food for it and to have it washed—I washed it myself in the evening—I expected then it would die in my arms—I had told her many times to get a doctor; she assured me that she dare not do so, as her husband would not allow her—I said that I should do so—on the day I took the child upstairs I went down to look for its bottle, and found it clogged up and of no use at all, and bad food in it—I had often remonstrated with her about the state the child was in, and spoke to her about bandaging it—it was laid on the bed about ten in the evening covered with the sheet, and the woman had gone out with her husband—they returned in about half an hour, and I told her that I found the child crying, and that it was too tightly bandaged and could not grow like that; she would kill it—he thanked me, and said that she was a silly bitch and did not know better—I frequently said to both of them that the child was being murdered—I once found it in the passage, and accused her of its being badly treated—I did not know till June that the lower part of its body was covered with sores—I spoke to them both one Sunday morning about six weeks ago, and gave them some linen rag to put to its wounds, and told them to be sure and attend to it—she said that she would do so—I once found the child in bed with a pillow over its head, suffocating; that was on the Friday that I went to the police, and previous to that I found it on the bed nearly suffocated; that was about six in the evening—I removed the pillow, and went up and found the mother in a lodger's room intoxicated—I told her of her cruelty to her child, and said that she ought not to have a baby so young—she said that she could not attend to it—her husband had not then come home; but I told him in the evening that I found the baby suffocated with a pillow over its head, and a blanket, and that if he did not prevent it, I must do so—he said that he meant to leave her—I begged him to think of his children—he said that he should not think of the children.
Cross-examined. I am not extremely friendly with Mrs. Wise, owing to her drunken habits—this is the first time I have mentioned that she said that he would not let her have a doctor—when I spoke to Wise, he said "She is silly; she does not know what she is doing;" and once when I spoke to her, she said "No, I am not fit to have a young baby: I do not know what I am doing"—she was then drunk—I did not know that the child was taken three times to the vaccination officer, but was too ill to be vaccinated—I did not know that the husband brought home biscuits and Swiss milk for the child—I found some beef-tea on the hob one day; it was there because Mrs. Hall said that it was the proper thing to get—I have heard that the child had brandy and egg—the female prisoner was his third wife.
Re-examined. There is another child about 21 months old, a girl; she is pretty strong and well taken care of—I have heard that he has 16 children by his first wife, and I am not sure that he has not two by the second.
By the JURY. The milk in the bottle was curdled—when I saw the beeftea on the hob it was after the doctor had seen the child; but they could not use it, it was only water.
EDWARD BERDOE, F.R.C.S . I live at 56, Victoria Park Road, and have been in the habit of attending the prisoners—I delivered the woman of this child on 20th January last—it was perfectly healthy—I attended her for a few days and saw nothing more of her till on Saturday evening, 8th June, the male prisoner called and said, "Doctor, our baby does not seem to thrive"—I asked him in what way, and gathered that it was gripes or disturbed bowels—I gave him a bottle of medicine, but did not see the child—on 11th June the child was brought by a woman, who said that it was Mrs. Wise's child, who was unable to bring it herself—it was horribly emaciated, weighing apparently 4lb. or 5lb.; it was a mere mass of skin and bone, with sores on its face and body—experts give the weight of a new-born child at about 7lb., and in a respectable class of persons it is more; it weighed less than when it was born—I was very angry at the condition it was in, and gave it some strengthening medicine—the male prisoner called the same evening in a considerable state of alarm at the remark I had made—he said that I had been saying that the child had been improperly treated, and if that was the case, it must have been by his wife during his absence, as he wished it should have proper care and attention; that I knew the drinking habits of his wife, and she most have kept the child without food while he was away, and that on one occasion it had been left without food about 12 hours when she was in a drunken stupor, and he had kicked her to arouse her—he begged me to do all I could to pull the child round, but I said it would certainly die, nothing could be done for it—I called two days afterwards, and saw the female prisoner; she was very rapidly feeding the child with a spoon—I asked her what she was giving it—she said egg and brandy, which some neighbour had recommended—I scolded her and said that when the child died I should order an inquest—she said "The child shan't die, I will bring it round"—I ordered it cod-liver oil, and saw it on June 14th, 17th, and 21st between 12 and 4 o'clock—the man was not there then, but he called on me in the evening of each of these days—he showed me some biscuits he had purchased, and asked my opinion of them—he said that sometimes he would bring beef, and asked if it were advisable—he expressed every anxiety that the child should be saved—on, I believe, 21st June, he said that the relieving officer had called, saying that he had been informed that the child was being starved, and he would take it away unless the father could bring a certificate from me that the child was not in danger, and might be safely left—I refused to give any such certificate—he urged me very much to do so, and I wrote one to say that the child had been grievously neglected, and was suffering from improper food, this is it—in consequence of that, the relieving officer called on me—I advised him to remove the child to the workhouse, and he took it there on the following Monday—I know that the mother is addicted to habits of intemperance—I have attended her for delirium tremens—the husband has expressed great concern about his wife's drunken habits—the child died on 6th July from gross neglect and improper feeding; from starvation, in fact—I was not present at the post-mortem.
Cross-examined. The father was the first to come and ask my advice, and he came on various occasions afterwards—I have attended her for delirium tremens on several occasions during the last two years—they have been married about two years and a half—I have known
him some time, and have a high respect for him—I frequently condoled with him on his misfortune—the messenger said that Mrs. Wise had sent the child, as she was too ill to come—the male prisoner came the same night and said, "Doctor, this is a very serious thing you have been saying about the child; I have frightened the mother, I hope it will do her good"—when I called the mother was at home drunk, and the father was out—she admitted that she had neglected the child—I know that it was taken twice to the vaccination officer, who on both occasions refused to vaccinate it as it was too ill.
THOMAS REDFORD KING . I am Medical Officer of Bethnal Green and reside at the workhouse—this child was brought there on the 24th June—I saw it first in the porter's lodge, and ordered it to the infirmary, where I saw it every morning—it was in a state of great emaciation, apparently from want of nourishment—I made a post-mortem examination, and found no trace of disease whatever—I attribute the emaciation to want of proper food or food improperly administered—it rallied a little—I understood it gained a little in weight—it died on 6th July from starvation.
WILLIAM HENRY DORMER . I am Relieving Officer of St. Matthews, Bethnal Green—I received a note from the police and went to the prisoner's house within 10 minutes—that was Saturday, 22nd June, about 2.30; the female prisoner opened the door—I said "You have a child here which I understand is being starved and neglected"—she ran away and fetched her husband—I said the same to him, and said "Let me see it"—he said "Come in"—I said "What is the matter with your wife's eyes?" she had two fearful black eyes—he said "I have been giving her a thrashing for neglecting it"—I saw the child, it was feeding, but was terribly emaciated—I said "Wise, you must have known of the child being in this state, how is it you have not seen to it?"—he said that he did know—I said "You have been sleeping at home and going away in the morning, having the child in your bed; you knew that it was in that state; I shall hold you responsible; is there a doctor attending it?"—he said "Dr. Berdoe"—I said I should require a certificate from him, or else I should take it away—I called again about 5.30; the child was again feeding, and about 6.30 he brought me this certificate and begged me not to make any noise about it—I said I should report to the Board what had taken place—the doctor gave me a further certificate on the Monday, and I took the child away—I am quite sure he said that he did know of it—on the same Saturday evening he brought some Robb's biscuits into my office to show me.
Cross-examined. He said "I know it," and I said "It is great neglect on your part."
ANNE HATFIELD . I am a nurse at Bethnal Green Infirmary—I received this child, it was in a very emaciated state—I fed it—it weighed 4 1/2; lb. when it came, in a few days it had gained 1 1/2; lb.—it died on the 6th July.
Cross-examined. The mother called on the Monday following—the child was then getting better, and she wanted to take it out, but I pressed her not to—she was perfectly sober—I sent for her when the child died, at 8.30 a.m.—she was sober, she was in great trouble and knelt down and said she hoped God would forgive her, but she knew that she had not done her duty—she said when it was dying that she would give me 50l. if I could save its life.
FREDERICK WISE— GUILTY. Strongly recommended to mercy by the Jury. — Three Months' Imprisonment . ELIZABETH WISE— GUILTY .— Fifteen Months' Imprisonment .
MR. LILLEY conducted the Prosecution.
SUSAN MARRIAGE . I live at 1, Queen's Place, Whitechapel—the prisoners have lived in a house immediately opposite for the past three years—their child Alice was about 8 years old, and I have frequently spoken to the female prisoner about the condition of the child, and wished her, to have medical advice for her—the first time was some months ago—she used to pay her rent regularly, and usually brought the child with her—on the 23rd July I went to her room and found both the prisoners there—the child was on the bed naked in a very filthy dirty state; it had vermin upon it and sores on its head, in consequence of which I went to Dr. Stirling and afterwards gave information to the officer of health, and the child was taken to the infirmary—I do not think the female prisoner was a drunken woman—I never saw her drunk, but she was very dirty, and she never did any sort of work to support herself and family—her husband was out of a night, I believe, as a messenger, and at home in the day.
Cross-examined by John Henley. I frequently saw you come home in the morning a little the worse for liquor.
ANNIE TURNER . I live at 1, Queen's Place, High Street, Whitechapel, opposite the prisoner's door—I have often seen the prisoners and their child during the past three or four months; it was always very dirty and pale, looking ill and delicate—on 21st July I first saw the child since she had been ill; she wanted some water, and I gave her some wine; she was naked and dirty, and had a few old clothes to cover her; her head was one mass of sores—I advised the female prisoner to clean the child, and I have many times offered to clean it myself—I told her to get medical advice, and said, "If you don't take the child somewhere, she will not live another three weeks"—she took her to the infirmary.
Cross-examined by John Henley. You called at my door at a quarter to 6 o'clock one morning, and said you had got some wine and half a tea-cake—that may have been more than once—I never saw anything but medicine, that was on 21st July, a small white bottle, which you fetched from the dispensary, and the child was taken away on the 23rd.
JAMES BATTRUM . I am Sanitary Inspector of the Whitechapel district—from information conveyed to me I went to the prisoners' house on 28th July—I saw both prisoners there, and the child was on the bed, which was nothing more than a heap of rags—it was naked, and seemed very ill; its head was covered with sores, and the hair was cut short—as far as I could see it was in a dirty, emaciated state, but the light was not very good—the woman said that she was going to put some clothes on the child, and take it to a friend at Haggerston—I told them I should report the case to the workhouse, which I did later in the day, and the child was removed there the same day.
MARION HOLDEN . I am a nurse at the Whitechapel Infirmary—on 23rd July the child Alice was brought there in a most dirty condition; her clothes were running alive with vermin, and had to be burnt—her head was
in a dreadful state from sores, and her body was very dirty, and thin, and emaciated—I received her from her father, took her into the ward, and I thought she would have died before I got there, she was in such an exhausted state—she asked for a little dinner, and I warmed some beef-tea, but she was too exhausted to take any food—she died next day at 7 p.m.—everything was done which could be done to preserve her life.
Cross-examined She was too exhausted to speak when you brought her to the infirmary.
Re-examined. When I was bringing her along she said, "I am dying"—those were the only words I heard her speak till she did die.
JAMES JOHN ILOTT . I am surgeon of the infirmary, Whitechapel Work-house—I saw this child on her admission on the 23rd; she was in a very dirty, neglected state, and suffering from diarrhœa and exhaustion; she soon became unconscious, and was unable to swallow, and died next day at 4 o'clock—I made a post-mortem examination, and found the body thin and emaciated—it weighed 30lb. 10oz.—a child eight years old ought to weigh 40lb. or 50lb.—the stomach and intestines were empty, and the liver was enlarged; the lungs were in a state of long-standing inflammation, and both pleural cavities contained fluid—she died from diarrhoea, exhaustion, neglect, and the want of the common necessaries of life—the neglect had been going on, I think, for two or three months at least.
By the COURT. There were no signs of scurvy, but there were sores on the head; there were no signs of skin affection of the body—it was not a healthy child; it had scrofulous enlargement of the liver—the sores on the head proceeded from natural causes, and they were not caused by neglect, but were aggravated by it—they might have been cured, but the child would never have been well, because it was suffering from scrofulous disease—it was more difficult for poor people to keep the child well, from its natural tendencies.
JOSEPH EAGLE . I am Relieving Officer of Whitechapel—Queen's Place is in my district—the prisoners never applied to me for relief for their child or for an order for it to be removed into the infirmary, or for the attendance of a medical man—I did not know them at all—I arrived there on the 23rd with an order for the child's admission into the infirmary, and saw the father, who said that he had just returned from the infirmary and the child had been admitted by the medical officer; he went back with me and we saw the child together in the infirmary—I said that I thought it was dead—he said that it would not die, it had been as bad two months before.
WILLIAM SHERRINGHAM (Policeman H 128.) On 25th July I took the male prisoner in Leman Street, and told him he was charged with causing the death of his child—he said "It is no fault of mine, last Sunday I had a bottle of medicine from the dispensary; I likewise bought four pennyworth of lemon juice and four lemons and squeezed them in water; and I put the child's feet in mustard and water; she could not keep anything down"—he said that scurvy ran in the family, and he had got it himself and his brother likewise—I went to his house, but saw no lime juice or lemons although I searched.
ELI SMITH (Policeman H 171.) On 26th July I took the female prisoner and told her she would be charged With her husband for causing the death of the child—she said that she was not his wife—I said "I shall take you to the station, and anything you say will be used against you"—she
said "He has not given me anything for four days," and at the station she said that he did not give her sufficient money to keep her—I had known him some time as a night watchman in the neighbourhood; he used to pull down shutters and run errands and do odd jobs, and he used to get a good deal of food from the coffee-shop and broken rituals from the neighbours—it would be difficult to tell what he earned because it was so precarious—he also looked after cabs, there are cabs on the stand all night st High Street, Whitechapel—that is what I mean by a night watchman—he went on errands in the day, and carried messages and letters—Mr. Ray gave him broken victuals.
John Henley, in his defence, stated that he always took home to his child the pieces which Mr. Ray gave him, but that all she would take was port wine and eggs; that she had been ailing ever since her vaccination, and that he lost two other children through vaccination; that he gave her arrowroot and sago, but she brought up everything, and that he sometimes had to wash her himself as his wife did not keep her clean.
Emmy Henley, in her defence, complained of her husband's violence to her, and stated that he had said he would starve her out; that she wished the child to he under a doctor, but he said it would he a good job when it was dead. NOT GUILTY .
THIRD COURT—Wednesday, August 7th, 1878.
Before Mr. Common Serjeant.
MESSRS. STRAIGHT and GILL conducted the Prosecution; and MESSRS. M. WILLIAMS, H. AVORY, and EDWARDS the Defence.
BENJAMIN POWIS . I live at 17, Sumner Place, South Kensington—last December I was living at Woodson, in Worcester, where I was farming—I had known the prisoner some years as chief clerk to a firm of solicitors in the City who had done business for my late brother—at the end of last year I contemplated giving up farming and taking a wine store in the city—I went to the prisoner's office about the end of November and made known to him my wishes, and told him that the lease of my farm would expire on 25th March last—he said that he could find me something suitable and I engaged him to do so—early in December I saw him again, and he said he had heard of a place called the Horns, in Fetter Lane, and we went to look at it—he said he thought he could purchase it for me; I told him to do so if he could advantageously—he said that the price was about 2,400l. or 2,500l.—he did not always say the same price—he asked me if he could get it for 2,250l. or 2,300l., whether he might purchase it—I said very well, he was to do the best he could; the better he bought it the more he would have for himself—he said if he could get it for 2,200l. or 2,250l. I ought to give him 100 guineas for his trouble, and I said "Very well"—I said I would pay him handsomely if he bought the thing well for me; he was acting as my agent—I received this letter from him of 11th December, 1877: "Dear Sir,—I hope to be able to give you some definite news tomorrow or the next day as to whether or not the Horns can be purchased on terms that would suit you. I have taken considerable trouble in the matter, and have every hope of success, but it is very risky to allow people
to carry on a business after they are aware it will leave their hands at a fixed date," &c.—I cannot say whether I replied to that—I afterwards received this letter of 17th December: "Dear Sir,—I was in hopes all last week to be able to write you with a cutand-dried scheme for this place, but was unable to," &c.—I afterwards received this letter of 19th December: "Dear Sir,—ReHorns. I fear, indeed I am almost certain, that the vendor will not take less than 250l. deposit, more especially if they agree to delay the transfer and payment of the balance," &c.—I believe I had written him this letter the day before, dated 18th December—on 22nd December I wrote a letter in pencil to the prisoner, which is not produced—I also on that day received this letter from him: "Dear Sir,—Thanks for the turkey and apples, which I have no doubt will arrive in due course," &c.—on 27th December I received this letter from him. (This stated, "I am still working for the Horns. They require, first, a heavier deposit; secondly, a larger price; and thirdly, to complete on 1st January.") In reply to that I wrote this letter on 29th December: "I duly received your letter on my return from visiting my brother at Ashford," &c.—I afterwards received from the prisoner this letter, dated 1st January, 1878: "I have purchased the Horns—100l. deposit and 150l. in a week. It has been a touch-and-go case. It may please you to hear that yesterday I went to a house on which 4,000l. has been spent, and it was remarked by a solicitor who was there at the time, 'What good stuff the place in Fetter Lane is selling now,'" &c.—I wrote this letter to the prisoner in reply in reference to the deposit: "J. Pensam, Esq., 50, Bow Lane, London—Re Horns—Dear Sir: I am in receipt of yours of this post, and will endeavour to meet it in some way. Let me have full particulars by return," &c.—"B. Powis" is in the extreme comer—I afterwards received this letter from the prisoner, dated 5th January, 1878: "Dear Sir,—The Horns. I have been compelled, as I will explain when I see you, to agree to complete on the 21st, and to make up the 250l. on Wednesday next. You must therefore come up on Tuesday or Wednesday morning," &c.—on 7th January I came up to London, and went to the office of my nephew, Mr. Bale, 20, Budge Row, who made a statement to me—I saw the prisoner there that day, and he said, "I have had 100l. from Manfred, but the trustee was not at home; you must be prepared with the 150l. by to-morrow or Wednesday"—I said, "All right, I shall be prepared"—he showed me the proceeds of Manfred's cheque, 100l. Bank of England note—I saw him again next day, the 8th, when he said, "I have fixed with the trustee for 12 o'clock to-morrow, and you must be there with the 150l. to make up the 250l. to pay the deposit. You must have the money ready, or the thing will go off"—he told me, as a reason for changing the 100l. cheque, that the trustee would not take cheques; he would have either bank notes or gold—at 12 o'clock next day I went with my nephew and the prisoner to the office of the trustee, Mr. Ashdown, and then on to the office of the solicitor for the trustee—I had with me a 100l. and a 50l. Bank of England note—the prisoner went, into the inner office—I was in the outer office with my nephew, and I heard the prisoner ask one of the firm of solicitors to have the agreement ready, and to send it round to 50, Bow Lane the first thing to-morrow morning—that would be Thursday, the 10th—when he came out he said the agreement was not ready, and he had fixed for the next morning at ten o'clock, when the agreement was to be sent and the money paid over, and I was to be there at 10—I went accordingly, and the prisoner was not there—I was there from 10 o'clock to
6 p.m.—while I was there the clerk to the solicitor of the trustee brought the agreement, and I read it—I then arranged with the prisoner's clerk to go there again the next day, Friday, when I again waited all day, off and on—on leaving, I met the prisoner on the stairs, and said to him, "Pensam, where have you been to?"—he said, "Oh, all right, old fellow; I have been at the Court; be here at 10 o'clock in the morning; I have put it right with the trustee"—I said, "Very well, I will be here, but it is very inconvenient; I want to be away home; you have kept me here two days"—I went the next day, the 12th, about 10 o'clock—the prisoner was not there, and I remained until about 12.30—his clerk knew what my business was—I then went home—on the 13th I wrote this letter to the prisoner. (Read: "Woodson, Tenbury, January 13th, 1878. Dear Sir,—You cannot delay the completion of the Horns; it must go," &c.—in reply to that I received this from the prisoner; "14th January, 1878. Dear Sir,—The Horns, As I anticipated, I received a communication from the solicitor on Saturday, couched in most peremptory terms, to complete at 11 o'clock on that day. I returned reply that I must have agreement left with me for a day, and would complete on Monday. The agreement was sent, and cannot be objected to. On going to Manfred he said he had the cash," &c.—I afterwards received this letter from him: "17th January, 1878. Dear Sir,—The Horns. Although I know of another house of a somewhat different trade, it is very desirable not to lose this, and although it has placed me in a very unpleasant and possibly losing position, I am anxious it should be secured. If you will send me the 150l. balance by return of post, I still think I can secure it. I expected to receive a reply to my last"—I then wrote this letter to the prisoner: "January 18th, 1878. Dear Sir,—Herewith you will receive cheque, Thomas Baker 88l. You must find the other 62l. to complete, &c." That letter contained this cheque (On the City of Worcester and County Banking Company, Limited. Drawn by T. R Baker in favour of Mr. Powis for 88l., dated 15th January, 1878, and endorsed by Benjamin Powis.) In reply I received this letter: "19th January, 1878. Dear Sir,—Yours to hand. I note your request as to time. Being a short day I have not succeeded in seeing the other side, but will do so on Monday. Will then see Manfred, who perhaps will help me, &c." I afterwards received a letter from the prisoner of 28th January, and on 4th February I wrote this letter to him: "Dear Sir,—Re Horns. I am surprised you have not written me ere this, and returned the letters enclosed to you," &c. I got no reply to that letter until 11th February, when the prisoner wrote me this letter: "Dear Sir,—I have to apologise for not answering your letter. Absence in the country, subsequently laid up at home, and want of time, &c., prevented my replying, &c. I do not wish to give up the Horns yet if I can get it at a slight premium, I have another which I think will suit. I think as all the work was done for the Horns I ought to be allowed one-third of the fee; half to be allowed out of the commission of any other house I might find for you and you purchase." I replied on 15th February, 1878: "Dear Sir,—I cannot understand your way of doing business. I again ask for my money. Yours truly, Benjamin Powis. P. S. Also return of Adams's two letters which you neglected altogether." I never got any reply to that letter, nor have I had a farthing of my money—I went to London, and repeatedly tried to see the prisoner—I spent nine days successively in trying to do so, but I never saw him between 11th January and 24th Apr I—prior to 24th April I had applied
at the Mansion House for a summons, which I obtained, and which was returnable on 24th April—on that day I was in my nephew's office in Budge Row when the prisoner called—he said "I am very sorry it has occurred, I hope you won't appear against me, and that you will forego this prosecution"—I said "Certainly not, the case is in the hands of the Lord Mayor and my solicitor, and I shall decline to interfere"—he promised to attend at the Mansion House—he then left—I attended at the Mansion House with my solicitor, but the prisoner was not there—there was a solicitor there to represent him, and the case was remanded until 3rd May—the prisoner was not there then, and it was remanded until the 4th, when he again did not appear, and the Lord Mayor granted a warrant for his apprehension—I had in December deposited 100l. with my nephew Mr. Bale—the other cheque for 88l. has been returned paid.
Cross-examined by MR. WILLIAMS. I have known the prisoner for a considerable time—I asked him to find a wine store for me—the house was mentioned the first time—he had first called my attention to the Mitre in the Temple, for the purchase of which, I believe, he had entered into negotiations on my behalf—I became acquainted with the statistics of the Mitre, and several letters passed between the prisoner and me about its purchase—I was very anxious to get it—I don't recollect the price—I had not got the money ready for that, and it fell through—they asked more for it than it was worth—I then requested the prisoner to look out again for a house to suit me—I don't know that he went and inspected many houses with a view to their suiting me—my nephew, Mr. Bale, also undertook to look out for a house for me, and in December I deposited 100l. with him—Bale and the prisoner were great friends—Bale was not to use the 100l. if he found a house—the prisoner was to buy the house, and Bale to have the money ready—Bale recommended the prisoner to me—I went and saw the Horns, and went thoroughly into the matter with the prisoner, and I believe I said the place would suit me to a T—the price agreed on was 2,275l.—I was prepared to pay the deposit and 1,000l. on 1s. t February—the prisoner was to borrow the rest—he did not press me earnestly not to attempt to take the house if I could not carry it through, that I know of—I will not swear that he did not—I said "I will manage it somehow, for I am sure I shall do well there"—he told me that the former tenant was a man named Anderson, and that the place was for sale by the trustee in bankruptcy, a Mr. Ashdown—I believe he showed me some letters from him, and he told me the Horns was already under offer to other persons—I have no reason to doubt it—I never handed the 150l. to the solicitor for the trustee—when I was in the outer office I heard the prisoner talking about an agreement to be sent the next morning, but I cannot tell you the exact words—when I sent up the 88l. I had not that day the 150l. to pay, but Bale would have found the balance in a moment—I wrote and told the prisoner to find the other 62l.—I don't know Mr. Ashdown—I know this case was to have come on last session, and was postponed at the prisoner's request—he certainly never made a tender to Ashdown of 100l.—I did not see the lease of the Horns—the agreement is what the solicitor brought to Bow Lane on Thursday, 10th January—the prisoner wrote to me after he had received the 100l. and the 88l. with regard to other houses I believe—nothing was mentioned besides a house in the Strand to the best of my belief—the prisoner did not offer me 100l. when he asked me to withdraw from the prosecution—I refused to accept the offer of the 100l.—I never had an offer of the whole.
Re-examined. I have acted under the advice of my solicitor from 24th April—the 100l. was to be kept by Bale until something definite was found by the prisoner, and then it was to be applied to paying the deposit—the prisoner had said he could find 1, 500l. in the ordinary way from the brewers or distillers.
MANFRED POWIS BALE . I am an engineer, of 20, Budge Row, City—I am a nephew of Mr. Powis, and I know the prisoner, who has conducted legal business for me—I knew in December last of his being in treaty for the purchase of the Horns, and I saw him several times in reference to it—my uncle deposited 100l. with me early in December for the purpose of its being handed over to the prisoner when some definite offer was made for a house—on 7th January the prisoner came to my office, and said "I have heard from your uncle, and he says you have 100l. in your possession, which I can have to pay a deposit on the Horns, it must be paid by 11o'clock"—this was soon after 10 a.m.—I said "Mr. Powis is coming up this afternoon; I would much rather you wait"—he said that 100l. must be tendered by 11 o'clock or the matter would go off, and Mr. Powis would be 'in a great rage—I was informed that the Horns was in the legal possession of the trustee in bankruptcy of the late occupier—I said "Well, than, I will make out a cheque payable to the trustee"—he said "A cheque is no use, it must be tendered in money"—as I had received Mr. Powis's instructions to pay him I made him out this cheque payable to his order: "National Provincial Bank of England. Pay Mr. J. T. Pensam (re B Powis) 100l."—I made it payable to his order so that I should have his signature on the back—it has been returned cancelled—later in the day the prisoner came back to my office, and there saw Mr. Powis—I had then in my bank 150l, for the purpose of making up the deposit—it was drawn out the next day for the purpose of going to the trustee's office—we called there, and Went on to the trustee's solicitor—Mr. Powis had the 150l. then in two notes—at the solicitor's office the prisoner went into the inner office, and Mr. Powis and I remained in the outer office—when the prisoner came out he said "The agreement is not ready—I have arranged that it be sent round to my office to-morrow at ten, and we can complete them"—there were endless appointments made—on 8th January the prisoner pulled a 100l. note out of his pocket and said "This is a 100l. note I have had for Manfred's cheque"—he came to my office on the 12th at about 12.30 or 1 o'clock and said "Is Mr. Powis gone?"—I said "Yes, he waited three days to see you"—he asked if I could stop him—I said "No, he is on the railway by now"—he said "Have you got the 150l. for me?"—I said "No, Mr. Powis has, I think"—he said "I will write to him"—I told him I did not understand his way of doing business—he then left—I saw him some days afterwards and asked him if he had completed the matter of the Horns—he said "No, it has been postponed; it is all right"—I said that he had better it complete at once or return Mr. Powis's money, or he would get into trouble—I saw him on numerous other occasions, and urged him to complete the purchase—he said "I have written to him about it"—he made numerous excuses—my uncle came up to town on several occasions, and I went with him to the prisoner's office and house, and made several appointments for the purpose of seeing him by telegram, letter, and messenger, which were all unsuccessful—he made no offer to me of the money—it was not my money—I think it was early in February that I went to the Bank of England to
make inquiry about a 100l. note, when I was shown one with the prisoner's endorsement—I then saw the prisoner, and said to him "You are a nice man to do business; it seems you changed the 100l. note the very day Mr. Powis left London"—he said "Oh, no, I didn't; I kept it for some days after that"—I had not told him then that I had been to the bank—I said "I know that is false, because I know what notes and money you changed it into"—he gave an evasive answer—I again urged him most strongly to return the money—I said "For goodness sake return Mr. Powis his money, or complete the business, or else you will get into trouble"—I was at the office on the day the prisoner came there, when the summons was returnable—I heard him say he would attend at the Mansion House.
Cross-examined by MR. WILLIAMS. I believe he offered to send Mr. Powis his cheque for 150l.—I cannot fix the date—Mr. Powis was not present
CHARLES JOHN WILLIAMS . I produce a 100l. note from the Bank of England, endorsed with the name of Pensam—it was changed at the bank on 12th January, 1878, into one 50l. note, two 20l., and 10l. in gold
WILLIAM INWARD (City Detective.) I arrested the prisoner on Monday, 16th May, in consequence of his not surrendering at the Mansion House—I had occasionally watched his house from Saturday—I saw him at 8.30 p.m. in Ball's Pond Road—I told him I was a detective, and that there was a warrant for his apprehension for fraud—I had seen the prisoner leave his residence, 43, Holly Street, Dalston, previous to this—he said "This is a bad job; can't you let me go, and I will surrender on Thursday"—I told him I could not, and that he would have to go to the City with me then—he said "I will come; I knew it must come to this sooner or later"—I took him to the station—I don't think he made any reply to the charge being read to him.
ALFRED OUGHTON . I am a clerk in the employ of Messrs. Wilkins, of 19, King's Arms Yard—they were solicitors for the trustee in bankruptcy of the late occupier of the Horns, Alexander Anderson—Mr. Barlow eventually bought the business—the agreement was signed on 16th January, and a deposit of 200l. was paid on that day.
Cross-examined by MR. WILLIAMS. It was paid to Mr. Wilkins—I was present—Mr. Ashdown was the trustee.
MR. WILLIAMS submitted that there was no such direction in writing with regard to the two sums in question as was contemplated by 24 & 25 Vict. chap. 96, sec 75, and that the 100l. had been deposited with Bale some time antecedent for the purpose of his handing it over to the prisoner, and Bale parted with it to the prisoner by his cheque (See Reg. v. Tatlock), and that the 88l. did not come within the statute, Mr. Powis having endorsed a cheque for that amount and requested the prisoner to find the other 62l., therefore the paying of the deposit of 150l. was conditional on the prisoner finding the 62l., which it was not incumbent on him to do. (See Reg. v. Christian, Law Reports, Vol. II,1872-5.) MR. STRAIGHT contended that the letter enclosing the 88l. was one from which specific direction could be construed as to the application of that particular sum of money, and that throughout the whole of the case of Reg. v. Christian there was no specific direction by the lady for whom Christian was acting, and that the natural inference to be drawn in this case was that there was direction in writing as to both the sums in question. The COURT considered that there was not a sufficient direction in writing with respect to the 100l., and that it would be safer to rely on the case raised by the 88l. only. GUILTY .— Judgment Respited .
FOURTH COURT.—Wednesday, August 7th, 1878.
679. ROBERT HENRY GREEN (15) PLEADED GUILTY to breaking and entering the counting-house of Peter Dutrulle, and stealing two books, an order for the payment of 3l. 3s., and 7s., his property.— One Month's Imprisonment , and Five Years' in a Reformatory .
680. CHARLES THOMAS GAYLER (26) to uttering a forged registrar's certificate of his own death; also to feloniously endeavouring to obtain 20l. from the Hearts of Oak Benefit Society; also to obtaining 30s. from that society by false pretences.— [Pleaded guilty: See original trial image.] Eighteen Months' Imprisonment .
682. ALFRED RUSSELL (18) and FREDERICK IRWNI (18) to unlawfully obtaining by false pretences from Arthur Thomas Lewis and another twenty yards of silk, with intent to defraud.—. [Pleaded guilty: See original trial image.] Judgment Respited
MR. LEWIS conducted the Prosecution.
RICHARD NEWNHAM COLE . I am chief cashier in Messrs. Martin's bank—Colonel Honeywood banks there—on the afternoon of 30th June the prisoner presented this cheque for 33l.—I examined it, and from what I saw I went to see Mr. Martin, who came out and asked the prisoner where Colonel Honeywood was—he said that he did not know—his second question was, "Where did you get the cheque from?"—the prisoner said, "A man outside"—I retained the cheque—the prisoner left the bank accompanied by Mr. Williams, a cashier.
RICHARD WHEATELEY WILLIAMS . I am second cashier in Messrs Martin's bank—I heard the prisoner asked to fetch in the man who had given him a cheque—I followed him on his leaving the bank to Lombard Street, where he waited—I pointed him out to a constable—I then went to him and said, "Have you seen your friend?"—he stared, as if he did not understand me—I beckoned to the constable, who came up and told the prisoner what he was charged with—on the way to the station the constable said, "Do you know the man who gave you that cheque?"—the prisoner said, "I do not"
Cross-examined by the Prisoner. I said at the police-court, "He was looking about him all the time, as if looking for somebody"—that is true.
JOHN BIDDULPH MARTIN . I am a partner in the firm of Martin and Co., bankers, Lombard Street—Colonel Honeywood keeps an account there—I remember Mr. Cole bringing this cheque to me in the counting-house—I went out and asked the prisoner, "Did you come from Colonel Honeywood?" or to that effect, and "When did Colonel Honey wood give you that cheque?"—I knew Colonel Honeywood was in France—the prisoner made no reply—I said, "We should like you to sign your name at the back of the cheque"—he said the cheque was not his, but was given to him by a man in the street—I
said, "You had better go and fetch him in"—he left, and Mr. William went out with him.
Cross-examined. This is not what was said, "Do you know Mr. Honeywood?" "No," "Did Mr. Honeywood sign this cheque?" "I don't know"—I am certain of the purport of my questions, though I do not recollect the exact words.
GEORGE LLOYD (City Policeman 613.) The prisoner was given into my custody by Mr. Williams for forging and uttering a cheque—I asked him on the way to the station if he should know the person who gave him the cheque—he said that he should not, as he had never seen him before—I asked his address—he said that he had none in London; he gave me an address in Bridge Street, Northampton—he said he had been in London one month, and then afterwards, two months.
Prisoner's Defence. "The policeman said, 'How long have you been in London, two months?' I said, 'No, one month.' I was standing near Covent Garden, when a man came up and said he wanted some men for a painting job, and made an appointment to meet me at the Angel, Islington. He met me with two others. We went to a public-house and had some ale. The two others left. The man pretended to be or was intoxicated, and on getting near the Bank he asked me to get the cheque cashed while he waited. I thought it was genuine, and did so, and was given in custody."
NOT GUILTY .
MR. KELLY conducted the Prosecution.
JOSEPH ROBERTS . I am a wholesale hosier, of Devonshire Road, Greenwich—about 1.30 a.m. on Sunday, 14th July, I was in Garrick Street—I was pounced upon by five or six men and pushed backwards—I called out "Police!" and they came immediately—I then walked on alone towards the City—five minutes afterwards a constable came and asked me if I had lost anything—I searched and missed my watch, which I had carried in my waistcoat pocket without a chain—I recognised it at the station—I cannot identify the prisoners—this is the watch—it had no bow.
BOWDEN EUDACOTT (Policeman E 115.) About 1.40 a.m. on 14th July I was on duty in King Street—I heard cries of "Murder! Police!"—I went towards Garrick Street—when I got there I saw four or five men, who had. got the prosecutor against a wall as if they were choking him—they saw me, and ran away—I caught Young; I did not lose sight of him—I took him back to look for the prosecutor, and then took him to the station.
Cross-examined by Young. You were not ten yards from me from the time I saw you.
ALFRED HARMER (Policeman E 67.) About 1.40 on this morning I was on duty in Tavistock Street—I saw Jones and another not in custody, running towards me from Southampton Street—I tried to stop them—Jones ran the other way—I ran after him, and overtook him in Maiden Lane, and threw him on the footway—he immediately threw this watch from his left hand into the road—Constable 95 picked it up.
Jones's Defence,. I heard a gentleman call "Police" and went and saw the prosecutor with five or six men round him pulling the tail of his coat The watch fell on the ground; I picked it up, and the boys came after, me; and when I saw the prosecutor running after the boys I ran away with them.
GUILTY .— Twelve Months' Imprisonment each .
685. RICHARD WILLIAM HENRY PAGET HIGGS (28) , Unlawfully obtaining by false pretences from Charles William Siemens and others 4l. 16s., with intent to defraud. Other Counts for obtaining other sums by false pretences.
MR. LEWIS conducted the Prosecution.
ALFRED SABINE . I live at Dulwich, and am chief book-keeper at Messrs., Siemens', telegraph engineers, in London and Charlton—they employ about. 1000 men—the prisoner was chief electrician and, chemist, at a salary of 300l. a year—he made; experiments and Sent in weekly accounts—I produce these accounts from May, 1877, to May, 1878, also the prisoner's receipts for the amounts—I have looked through the accounts—about every alternate one contains a claim for xanthine, amounting in all to 648lb., some of it being crude xanthine—the prisoner has also during the same period charged for 2,317lb. of re-distilled mercury—paid those claims on the faith of the truth of these accounts—I did not know what xanthine was—on 25th May, 1877 I got his receipt for 10l. for extra monthly account
Cross-examined by the Prisoner. The 10l. was given to start the account—I do not know how you were to obtain the materials—there are several items for railway fares between London and Woolwich—I do not recollect calling your attention to the fact of your charging third-class fares.
LUDWING LEFFLER . I am general manager for Messrs. Siemens' telegraph business—I have been there twenty years—I recollect the prisoner having 10l. or 15l. to buy materials for experiments about May, 1877—upon, seeing his accounts I found a number of charges for xanthine and re-distilled mercury—I asked him for an explanation—he said he wanted xanthine for testing—the purity of gutta-percha and india-rubber, and the mercury for pathometer experiments—I knew experiments were being carried on, and was satisfied—as the charges continued, I said I should prefer his buying the materials at such places as he could produce, vouchers from, and he promised to do so as far as he could for the future—he said he could get the materials of better quality and at at less price, of chemists who were his friends; but I objected to that—the charges continued till he was suspended, and about a week afterwards he was sent for to the office—I asked him to give the names of the parties who supplied the re-distilled mercury—he said it was distilled at separate places, and he could not for them moment name then—I said "Surely you can give me the name of one—he said What are your credentials?"—I was put out, as I thought that was an impudent answer—he said he had re-distilied the mercury at his own laboratory—he gave me no name of any chemist and produced no voucher—I did not know what xanthine was.
Cross-examined. A pathometer contains about 1/2cwt. of mercury—I knew you were instructed by Mr. William Siemens to carry on experiments—you were generally alone, as the head of a department—I never saw xanthine in your rooms—I do not spend much time in each department, nor go into details, as the men have my confidence—you resigned—you claimed
a bonus and received 150l. (The Prisoner here put in a letter to him from Messrs. Siemens of March 13, 1877, containing this passage: "We are quite of opinion that, considering the amount of work devolving upon you in our interests, the time has now arrived when the private work undertaken by you should be discontinued as far as possible. We take this opportunity of expressing our satisfaction at the zealous and efficient manner in which you have carried on your duties.") You Were permitted to do private work, but we thought it was necessary you should discontinue it—as far as I know you did not discontinue it—the letter asking you to call accused you of dishonesty—you probably complained of being ill—within the last six months you always did so when asked to do your duty—you said you required time to answer our questions—we arranged for you to call the following Monday—Carl Siemens was in the room—he did not say "I must consult my brother and let you know"—we did not hear from you on the Monday—you were arrested ten days after the interview—you never told me that the experiments were to reduce the inductive capacity of gutta-percha—you made experiments to test the nature of the material in the beginning of 1877.
HAROLD IMRAY . I live at 5, George Street, Woolwich—I have been in Messrs. Siemens' firm four years—in 1877 I was sub-electrician under the prisoner at Charlton—most chemicals passed under my hands—no distilled mercury passed under my hands, certainly not 2, 317lb. of it—I have seen 40 lb. only used—I lived at the same residence as the prisoner for a year-no mercury was distilled there—he had no laboratory there—I saw no bottle labelled "Xanthine"—he asked me about three months ago if I knew what xanthine was—I said, I thought it was a coal-tar product, but would look it up and see.
Cross-examined. I held a similar position of assistant before I came to you—your chemical knowledge is superior to mine—I do not know why you asked my opinion—I remember a bottle being broken, and some chloride of carbon being spilled—I am sure it was not xanthine—I did not undertake chemical work for you at your house—I know you had Hopkins's price list. Re-examined. This conversation occurred about three months before the prisoner's arrest—the prisoner agreed that xanthine was a coal tar product—I did not know xanthine was a chemical curiosity, and worth 40l. an ounce—I knew the contents of most of the bottles in the prisoner's room.
THOMAS WILLIAM DAVIS . I am engaged in the condensing department of Messrs. Mercer, of Bishopsgate Street—xanthine is an organic compound, rarely found in the diseased livers of horses—its value is 40l. an ounce—I have tried, but can find no use for it—it is a chemical curiosity—I only know of three samples of it—Dr. Bence Jones has some, and there is some in St Bartholomew's Hospital.
Cross-examined. It appears in Hopkins's price list, to fill up—it is there quoted at 40s. a drachm—the word xanthine does not express its properties—it comes from Xanthos, golden, and is of a yellow colour—I know a yellow dye, but the word xanthine is not applied to anything else that I know.
FRANK. JACOB . I am an electrician, employed by Messrs. Siemens—I recollect at the end of 1876 or early in 1877 some experiments being made with reference to a pathometer and an attraction meter—the experiments were finished about April, 1877—I was not supplied with any material by the prisoner after April for those experiments—the experiments were made with ordinary mercury, obtained by signed orders, and not from the prisoner.
Cross-examined. You supplied mercury to Mr. Bamber, in conjunction with myself—as far as I know you never professed to supply distilled mercury—you expressed dissatisfaction with your position many times—I do not remember whether you ever asked me what xanthine was—I do not know that it has been applied to several things.
EUGENE OBACH . I have been analytical chemist to Messrs. Siemens since May, 1877—since that time I know of no mercury being sent off the premises for the purpose of distillation—I purified what mercury I required purified—the prisoner has asked me for mercury, a pound or two at a time—mercury loses by evaporation when distilled—it leaks through the apparatus—I saw no xanthine in the prisoner's possession.
Cross-examined. I have studied the properties of gutta-percha since 1877—I was previously unacquainted with its nature—I was appointed to assist you—I am aware that the specific inductive capacity of gutta-percha may be modified by the addition of various chemicals—a gutta-percha of low inductive capacity is supplied by Messrs Willoughby—Messrs. Siemens do not supply similar material—they have made experiments to obtain gutta-percha of low inductive capacity—very little information about gutta-percha is given in books, and the little that is known is confined to specialists—a practical man would not publish what he knows—Professor Wheatstone used mercury standards of electrometrical force, the mercury for Which would have to be purified, not exactly distilled—that is one way of purifying it—if you distilled and re-distilled mercury, there would be a corresponding loss of material—if you started with 50lb., and distilled it 40 times, you would charge it as 50lb. of mercury re-distilled 40 times—you carried on some of your work in secrecy—I came into. your room about once a month—I complained to Mr. Loeffler that you wanted confidence in me.
Re-examined. I see charges in these accounts of mercury re-distilled on 14th and 21s. t January of 1l. 8s. 9d. and 1l. 5s. 6d—mercury is 3s. a lb.—I do not know what price is paid per lb. for distillation—those amounts are payments for re-distillation.
GUSTAVE RISCH . I am superintendent in Messrs. Siemens' instrument department—I worked with the prisoner in constructing and designing instruments—I was almost daily in his room—no mercury was sent away for distillation to my knowledge, nor brought back—I never saw any re-distilled mercury in his room—there is no necessity for mercury for batteries to be re-distilled to the extent the prisoner has charged.
Cross-examined. I am aware of Wheatstone's standard, and Clarke and other's new methods—there might have been a Daniel's apparatus there, but it would not require tons of mercury to be re-distilled for it—I did not see it—a few ounces of mercury would fill a cell—Daniel's element contains no mercury at all—the gutta-percha was not my department, I do not know what you did as to that—we all worked on good terms—you seemed to know what you were doing—when I asked you a question you sometimes took a day or two to answer, but I got the information I desired.
Cross-examined. I am not a chemist—you would not give me chemicals to use—I never heard you mention the name of xanthine.
HAROLDIMRAY (Re-examined by the Prisoner.) You have told me to
keep work secret from Obach and Risch on one or two occasions—some of the weekly sums were paid to me and handed to you—you made no secret about it—I understood they were for expenses—about 4l. b of mercury would be contained in the small and 12lb in the large cell of a Daniel’s element—I made an experiment under your instructions with 1/2lb. of mercury in one of our small cells—I was not with you on Saturday afternoons or Sundays, I have been once or twice—I left on Saturday and returned on Sunday evening—I have seen what you called insulating compounds in you room—you did not tell me the constitution of them—you made them—you did literary work—I do not know how it paid—I heard you express your dissatisfaction with your engagement with Sieman—you complained of being ill, but I do not remember whether you said it was caused by inhalation of mercury wapour—you may have done so.
Re-examined. I saw the papers sent from the prisoner to Sabine—I was aware of the contents, of them—upon seeing the papers I gave information.
SAMUEL BROOKS I am battery man, and assistant to the prosecutors—I and Wellard only worked for the prisoner—I recollect no mercury being distilled while I was his assistant from 1876 to the and of 1877—I took none to be re-distilled.
Cross-examined I know nothing about these accounts—I was your assistant then—you showed me some letter that you wished conveyed—you never told me to keep anything privately—you had a screen put up, I do not know the purpose—I have strained and cleaned ordinary mercury for you.
THOMAS GEORGE WELLARD . I am employed by the prosecutors—from May, 1877, to 1878 I was assistant to the prisoner—no mercury was distilled, to my knowledge—I filtered 30lb. for Mr. Bamber—I never took any off the premises for distillation.
Cross-examined by the prisoner: I remember taking some mercury from a pot, and Mr. Bamber wanted some for a pathometer—I filtered it and took it to Mr. Richardson’s department.
FREDERICK MICHEL . I am storekeeper in the insulator battery department of Messrs, Siemens—on 8th March 1877, I supplied the prisoner with 75lb. of memory on his order—I have not supplied any to him since—I de not know what became of it.
THOMASHURST. I am goods receiving clerk for the prosecutors and receive all goods except for the insulator department—I receive all goods for the prisoner’s department—I never received any xanthine for him nor mercury for him to distil—I produce the books to refer to if necessary—I know of no mercury being sent away to be re distilled—anything sent out would have to come back to me.
Cress-examined. A watchman us at the gate, who would stoop any one with a percel—if they asked for you then he would content them there.
Witnesses for the Defence.
THOMAS PETER BRUCE WARREN . I am manager to Messrs. Hoopr, cable manufacturers, and have-a great deal of experience in cable manufacturers—gutta percha has two properties, insulation and inductive capacity—there
are methods known for reducing inductive capacity, but they are kept strictly secret—if you were conducting such experiments you would keep them secret—there is a material called xanthin, a product of anthracine, the only difference in the spelling being in the final e—I have not made the experiment whether it would reduce the inductive capacity of gutte percha—if you said so I could not contradict you.
Cross-examined. by MR. LEWIS. Xanthin is about 2s. a pound—that in dearer than anthracine—it is purchased of Burt, Bolton, and Haywood, distillers of tar—that is the only firm I know where it can be got because they are large manipulstors of tar.
— ELINT. I am manager to Messrs Butt, upholsterers; of Woolwich—I supplied you with furniture—I have moved your furniture twice—I have seen a chemical apparatus at your house—I have seen you at work: there in connection with electricity—I removed an apparatus for you form Charlton to London—I have never known you live extravagantly.
Mr. Carl Siemens and Mr. Gillousby being called did not appear. Witness in Reply.
The Prisoner in his defence stated that the charges were bona fide, and that the experiments being secret he was powerless to bring all the evidence forward as to the materials used and where obtained from, that the mercury was reduced in re-distillation and so would not agree with the accounts as to quantity, and that he had not lived extravagantly and had 700l. a year altogether, and no inducement to commit the offence.
NOT GUILTY .
OLD COURT—Thursday, August 8th 1878.
Before Mr. Justice Lindley
MR. SAFFORD conducted the Prosecution: and MR. M. BANDON the Defence.
JAMES BRENCHLEY . I live at 1., Marlow Cottages, Twickenham—on Sunday, 14th July about 3.30 in the afternoon, I was bathing with two other boys, from Mr. Hall’s field, in the River Crane, which is a narrow stream running into the Thames; we were undressed and out of the water, when I saw the prisoner come along Mr. Menn’s filed on the other side of the river with a gun—he said we had no business there we said had leave—he said we had not—he said we had better be quick and dress ourselves—we said we were dressing as quick as we could, and were going—I was just going to get my clothes as he fired—I was naked—he said he would pull the trigger if we did not go—I saw him point the gun at me—I was then about 40 or 50 yards from him—I am and hid behind an iron thing—I was shot in them neck and shoulder and the front part of my left thigh—the other boys pulled the shots out—I then dressed myself and went home—I was examined by a doctor next morning—the prisoner was given in custody that might.
Cross-examined. I was not aware than the prisoner was conting to warm us off—I was about 8 or 9 yards from him at first, and I ran away and was 40 or 50 yards from him when he fired, trying to hide behind an iron trough
that the horses drink out of—most of the shots were in front—I was running sideways and looking back—the shots went into my flesh under the skin; I could see them—I pulled some out with my finger-nail—I bled a little—I used no bad language to the prisoner.
WILLIAM HARMAN . I live at Twickenham—I was bathing with Brenchley, and the prisoner and his wife came along and asked what business we had there—Brenchley said we had leave from Mr. Hall—the prisoner swore at us and called us b—liars—Brenchley said he was a liar—he said "If you are not off I will pull the trigger"—I and Brenchley ran away, the other boy was in the other field—the prisoner held the gun up to his shoulder—we were between 40 and 50 yards from him—Brenchley ran to get behind an iron tank, and I ran to get behind the hedge—I heard the discharge—Brenchley came up to us and said he was shot—he showed us some wounds; he was bleeding a little—I helped to take the shots out and we threw them away; they were No. 5 shot, I think, used for sparrows, like those produced.
Cross-examined. As soon as the shots were extracted Brenchley put on his clothes and went home—he was not put to bed—he seemed worse next day.
WALTER REDSTONE (Policeman T 435.) I took the prisoner into custody at his house on the Sunday night—I told him the charge—he said he could not have hurt the boy, as he had no shot in the gun—Brenchley, who was with me, said "I had six shot wounds on me"—the prisoner said "A good job if you had twenty"—in going to the station he said "I fired at a blackbird; I did not see the boys"—I found this gun, powder, flask, and shotflask at the prisoner's house, and five shot in a bag in a drawer, marked No. 5—there was powder in the flask, but no shot in the shot-bag—he said he had been using the gun during the afternoon scaring birds.
Cross-examined. I have known the prisoner very well for seven years about the place—I know nothing against him—I believe he has been there many years longer.
OWEN ROBERTS THOMAS . I am a surgeon at Twickenham—I examined Brenchley on Monday morning, 15th July—he had six small round superficial wounds, and was suffering from a nervous shock, being frightened—the shots had just penetrated the cuticle.
Cross-examined. If he had had his clothes on, I don't think the shots would have touched him, except his neck—I should not think they were spent shots.
GUILTY of unlawfully wounding. — Three Months' Imprisonment .
NEW COURT.—Thursday, August 8th, 1878. For the case of Frederick Nicholson, tried this day, see Essex Cases.
~FOURTH COURT.—Thursday, August 8th, 1878.
687. JOHN FERGUSON (27) PLEADED GUILTY to burglariously breaking and entering the dwelling-house of William Page and stealing two lockets and other goods, after a conviction of felony in March, 1874.— Seven Years' Penal Servitude .
688. PAUL WALMISLEY (24) to breaking and entering the warehouse of Jacob Levy and another and stealing 6 dozen fur trimmings and other goods, their property, having been before convicted, to which he pleaded NOT GUILTY (See page 458.)
689. JAMES HAMPSON (26) and SARAH GLOVER (24) , to unlawfully conspiring to obtain 6s. by false pretences.— [Both pleaded guilty: See original trial image.] HAMPSON Eight Months', and GLOVER One Month's Imprisonment .
MR. GILL conducted the Prosecution; and MR. M. WILLIAMS the Defence. WILLIAM HEPGRAVE (Poliecman 310 V.) I took the prisoner in High Street, Mortlake, on 22nd July, in consequence of information I received from a cabman—I said "I shall take you in custody for stealing a box from the Great Western Railway, at Paddington"—he said "I did not steal the box; but I will show you where it is"—I accompanied him to his master's place in Mortlake—I saw this box; I opened it, and said "Is that all the clothes that belong to the box?"—he put in some more—I asked him if that was all, he said "No; I gave my brother a coat and shirt"—I went to his brother's house and saw his brother's wife, who gave me the coat and shirt, and in the prisoner's presence said that he gave them to her—on 30th July, after the prisoner was committed for trial, I went to 1, Martha Place again and obtained a coat and shirt and two collars, the prosecutor's property.
MICHAEL KEATING . I am a labourer, of 34, North William Street, Cardiff—on 16th July I was a passenger from Ireland to Cardiff—I had this box—I saw the prisoner when I was on the steamer—I did not speak to him—I told the porter at New Milford to label my box—I did not travel in the same carriage as the prisoner—I missed my box at Cardiff; it has been since shown to me by the police and I identified the articles in it—a shirt is missing.
Cross-examined. I saw the prisoner telegraph to London at Milford to his brother to meet him at the station—I heard him give his address; I do not remember it—I was standing by the door—I saw my box safe last at Milford—I did not see it labelled—I next saw it in London—I went to the railway company's office at Cardiff to see if it was there—I did not speak to the prisoner at Milford.
GEORGE HARTLEY . I live at Swansea, and am a guard in the service of the Great Western Railway—on 16th July I was guard of the 2.15 train from Llandeau to Paddington—I was in the Milford van—there were three boxes in the van—this is one; it had a cord on, but not all round—I saw the three boxes at Paddington; the prisoner was standing by them—one was a flat box, the other an oval trunk—this one was labelled "New Milford to Paddington."
Cross-examined. It is an ordinary box that most of these Irishmen have when they come over.
WILLIAM NELMS . I live at 241, Latimer Road, and am a passenger porter employed to carry luggage between Paddington and Bishop's Road station—on 16th July I was on the arrival platform when the 8.55 train arrived from New Milford—I saw the prisoner standing by this box; he asked me the way to Hammersmith, as he wanted to go to Mortlake—I told him I would take him to Bishop's Road, and there was a charge for it—he asked me to take his three boxes, and I took them and labelled them on to Hammersmith.
duty, and the prisoners said to me “Those three boxes for a cab”—I went to a cab and put them in it—this is one of them.
HENRY ABBOTT . I live at Hammersmith, and was there with a cab on the evening of 16th July, when the prisoner came with three boxes and asked me to take them to Mortlake; this is one of them—no one was with him.
GUILTY. Recommended to mercy, on account of the carelessness of the railway officials. — Twelve Months’ Imprisonment .
OLD COURT.—Friday, August 9th, 1878.
Before Mr. Justice Field.
691. WILLIAM RYAN (31) and HENRY LEVERSON (22) , Unlawfully conspiring to kill and murder William Edward Couch and Charles Cousins, and soliciting Frederick Jacobson to commit the like offence. RYAN was also charged, together with HENRY CLIFFORD (23) , with assaulting Couch and Cousins and causing them actual bodily harm.
MESSRS. STRAIGHT and TICKELL conducted the Prosecution; and MR. AUSTINMETCALFE the Defence.
WILLIAM EDWARD COUCH . I am captain of the Argosy, belonging to Mr. Friend, of Plymouth; she is a British ship sailing under the British flag—on 14th January last she was at Port Adelaide, Australia—I there shipped the prisoners as able seamen, Ryan as boatswain—I paid them wages in advance; Clifford and Leverson 5l. each, and Ryan 7l. 3s.—they joined on 4th February—on 11th, as I was going ashore in the boat, I saw the point of a knife sticking through the stern of the ship—on the 12th Leverson came and wanted to know what I was going to have done to the sides of the ship—I asked what he meant—he said the ship was making water—I told him she was thoroughly staunch and strong and in every way seaworthy to perform the voyage, and he should attend to his duty and not interfere with mine—after that a note came to my hands which Leverson had written to the merchants; I showed it to him and he acknowledged that he had written it—this is it. (Read: “To Messrs. Caner and Gay. Gentlemen—Having been informed that a member of the firm visited the schooner Argosy to draw the conclusion of the amount of water that vessel made, I think it my duty to inform you that he has been trumped, and in this manner; after the survey was held yesterday afternoon, the captain made great haste to shift the cargo to take the list out of the vessel so that the seam that made water might not be under water. I must also state that there are several butts which you can stick your knife into as far as the hilt; all round the stern you can see daylight through the seams. If you wish to assure yourselves of the ship make a thorough examination of her. Yours truly, Incognita.”) I consider that the ship was fit to go to sea—there is the surveyor’s report there; she was a new ship—she was surveyed the day before by two surveyors, and they reported her thoroughly seaworthy—on 18th February, about 6 a.m., we were in the Adelaide roadstead, off the semaphore, three miles from the shore; Ryan came to me on the poop and said “Captain, I want to go ashore”—I said “For what purpose? ”—he said “I am sick, and I want to see the Magistrate”—I told him he should go to his duty in a quiet manner—he repeated “I want to go and see a Magistrate”—I told him that I was the Magistrate there—he thereupon struck me with his right fist—I took hold of him with both hands and said "What!
you strike me?"—I called Cousins, the mate, who-was to leeward of the mizen mast, and told him to hold Ryan till I got the handcuffs—Cousins took hold of him and he struck me again—I gave him to the mate and went and got the handcuffs and put them on him, and he went forward—about 8 a.m. I sent the mate forward to tell Ryan to come aft to me; the mate returned and told me he would not come—I then walked forward and said "Ryan, I want you for a few minutes, please"—he began to abuse me; he said he would murder me and used other imprecations and expressions that I cannot remember now—I then went aft and went ashore in the boat and sent a police officer on board to arrest Ryan—he was taken before a Magistrate and a sentence was passed upon him, but I requested that he should be sent on board, and he was sent on board under arrest—he had been boatswain up to that time, I then disrated him, and put William Glanville in his place—the ship sailed on 20th February—on the 21s. t Ryan was continually using threatening expressions upon myself, the ship, and those in charge—on the night of the 26th a quantity; of cooking utensils were thrown overboard, and we stopped the coffee; that was not as a punishment, coffee was served afterwards; through the cooking utensils being thrown over we could not or did not serve any more, unless we had put extra labour on the steward; the men had the allowance of coffee served out weekly and they could make their coffee if so minded in a pannikin; the coffee pot was thrown overboard—on 4th March I found that the flying-jib had been cut away—on 6th I spoke to Leverson about steering badly—I requested him to keep the ship her course, she was ranging off her course from 1 to 5 1/2; points—he replied with a lot of cool insolence, I cannot recollect the expressions; I have forgotten; this educated insolence we don't understand, not to keep it in our heads for a considerable time—on the 10th I again requested him to keep the ship her course—he said she would not steer—I said she would, and told him to put the helm down—he did not do it at first; I ordered him a second time and he did not care to do it then, and I put it down myself—on 24th March Ryan was in charge of the wheel, he ran away from the wheel, leaving no one there, to aid and abet Leverson to fight with West, another seaman—. the mate sang out to him to go back; he did go back in about two minutes—on 23rd April, about 2 a.m., when we were off the Cape of Good Hope, the mate told Clifford to haul tight the lee jib sheets—Clifford told him to go to hell—I went to see how the compass was, and as I returned I saw the mate on the deck scrambling towards me—Nash, the steward, came out of the cabin, and I gave the mate into his charge; he was bleeding; he made a complaint to me—on 11th May, at I am., I went forward and found Clifford asleep; he should have been on the look-out—I woke him up and cautioned him that that was no sort of a way to keep a look-out—he said he got up every five minutes or so—some time after that, after we had passed the line, in consequence of a complaint the mate made to me, I went forward to Ryan and asked why he did not attend to his duty in keeping a look-out—he said he did keep a look-out—I said the house was no piece to keep a look-out in, and asked why he was so insubordinate and insolent to the mate—he said he would plug the mate's nose—on 10th June I heard him say to the mate "You old b—, if you came here again I will take you by the breeches and throw you overboard"—Ryan was at the wheel and the mate was walking the poop, and went aft to look at the compass—on 28th June,
at 10.45 a.m., I was awoke by a disturbance on deck—I went on deck, and Ryan came running aft, saying that Clifford had threatened to murder him, and he wanted me to put Clifford in irons, saying "That is the man that cut your jib, captain; that is the man that struck the mate"—Clifford replied "That is the man that was going to sell your hawsers, captain; that is the man that cut the ropes" (speaking of Ryan) "and threw things overboard"—in fact, he said a great deal which I cannot remember now—I told them to go to their duty, and at 12 o'clock I would give them a hearing—at 12 I could not call them; but at 1.30 I called them aft to know what their complaint was—they had very little to say; I could not give you the exact words; I think it is in the log, but I would not be certain—the ship arrived in London on Saturday, 6th July, and the mate, in my presence, gave Ryan and Clifford into custody—Levereon was given in charge on the Monday through the declaration made by Jacobson—he had previously left the ship—I was at Arbour Square, and heard Jacobson make a statement before the Magistrate there; it was after that that he was taken into custody—during the voyage from Port Adelaide to London the mate made complaints to me on several occasions.
Cross-examined. Leverson was not at Arbour Square for the purpose of preferring a charge against me—I have received three summonses for assault, not at that time, it was some time after—Ryan was one I was summoned for assaulting—Leverson might have been one; I really can't remember; I took very little notice of it (There were five summonses produced, three for wages due—25l. 2s. to Leverson, 23l. 11s. 4d. to Clifford, and 28l. 1s. 8d. to Ryan—and two for assaults on Leverson and Ryan.) The Magistrate declined to hear those summonses until this case was finished—I did not stop anywhere on the way from Port Adelaide to London—I did not stop at St. Helena; we went close by; it is in our course—I did not think it worth while to make any complaint there—I took provisions on board there—I did not make any complaint or mention the matter to any one—I was not justified in making any complaint—I did not choose to stay there—the harbour-master came on board—Ryan and Clifford were given into custody directly we arrived at St. Katharine's Docks, as soon as we were alongside and the ship was fast; the mate gave them in charge to a policeman—it was on 12th May that we were off St. Helena—I did not let go the anchor there—before the surveyors came on board at Adelaide I did not give Ryan orders to shift part of the cargo in order to get a defective place above the water line and alter the list of the ship—the surveyors suggested that the ship had a list, and I spoke to Cousins to righten her—the surveyors sealed the pumps in order to see whether she made water—the stevedores had left her with a list on her—she did not list all the way from Adelaide—it was a very little list; it was only just to shift a few bags of cargo—there was not a quarter of a plank under water on one side more than the other—she might have had a list of an inch or three-quarters—Ryan did not say why he wanted to go ashore and see a Magistrate—he did not complain that the ship was unseaworthy; she was perfectly seaworthy—we had to pump every two hours throughout the voyage—I thought that necessary for the protection of my cargo and to get my ship home—she might have been making an inch and a half of water an hour—it was a private leak that had been in the ship since she was new—I have since had her in dock and had the copper stripped off, and we found a small bolt-hole in the bilge: that was where the water
came in: there was no other source—I never assaulted any of the men on the voyage, or used bad language to them—I am not in the habit of using bad language—I never used bad language to Jacobson, and never assaulted him.
Re-examined. The surveyors came on board on two occasions at Port
Adelaide to survey the ship; the list was discovered on the first occasion and was corrected before they came again—they came the second time through the letter Leverson wrote—I could not say exactly what water she was making then; it is entered on the surveyor's certificate; it was very little, nothing unusual—the crew consisted of myself, the mate, steward, and six able seamen—I could not have navigated the vessel with only three able seamen—I can't say whether I could have shipped hands at St. Helena, I never was ashore there.
CHARLES COUSINS . In February last I was mate of the Argosy—I kept the log and entered there what occurred every day—I have my log here—on 18th February, at 6 a.m., I saw Ryan strike the captain; he wanted to go and see a Magistrate, I don't know what for—I had heard him say three or four days previously that the ship was unseaworthy—she did make a drop of water in Adelaide, 4 3/4; Inches in 18 hours—he said he wanted to leave the ship because she was unseaworthy—the captain told him he could not go now as he was ready for sea—he struck the captain with his right fist and the captain called me to get the handcuffs and put on him—I held him and the captain went and got the handcuffs—he did not struggle while I held him—at 8 a.m., in consequence of instructions from the captain, I went to Ryan in the forecastle—he had not got the handcuffs on then—I told him to come aft, that the captain wanted him—he said he would not, and if the captain came there he would brain him—I went and reported to the captain and he went forward, and Ryan said he would brain him if he came nigh him—next day, after returning on board from the Magistrate, he refused to set the anchor watch; he refused to do anything in the ship, and hoped his right hand would drop off if he did—he said then or the next time that if he had two men to join him he would take charge of the ship altogether—on 7th April it was my watch on deck from 8 to 12 p.m.—about 11.30 to 12 o'clock the wind shifted, and we were setting sails; Clifford, Leverson, and West were on deck, and Ryan was standing at the door—Jacobson was inside—I told him to set the mainsail before we went below; he declined to come out of the forecastle—I went in and told him quietly to come out and set the mainsail, and he struck me, and the other two joined, and then Leverson joined them—Clifford said "Now is your time to drive your knife through him"—I was knocked about and scarred about the face; I felt a prick of something, but it was dark and I could not see—Jacobson struck me with his fist, I could not say who else struck me, I was right among the gang, they were all round me—after that they went to their duty—on 21st April, at 2.20, I and Clifford were engaged in stowing the jib and coiling the ropes, and I ordered him to hold tight the flying-jib sheet; he grumbled and refused to do it—I asked him three times to do it, and he then came and struck me with his fist in the face; then Ryan joined in and struck me three times in the face with his fist, and as I was going off Clifford struck me with a belaying pin and knocked me on the deck senseless for three or four minutes—when I came to my senses I scrambled up on my knees and met the captain as I crawled to the mainmast and he took
me-aft to the steward and I went below—on 25th April, at 7: 30, I was on deck; Ryan was steering—I spoke to him about some noise he had made that afternoon—he said he intended it, and he was sorry he had not finished with me the other day, and the next time they would do for me; he said he was in an American ship and he threw the third mate overboard; and he also said When they got to London, if there was any disturbance, he should swear that I took an iron belaying pin for Clifford the other day—I entered the conversation in the log that day—he said "Some dark night you will be missing, and who is to contradict it when we get to London?"—I thought he meant to throw me overboard, he threatened me on several occasions—on 30th April Ryan and the steward were having a row, and he threatened the steward's life—on 7th May Ryan was steering, and he was very abusive and said he would murder me—on 21st May I sent Clifford to loose the royal, and When he came on deck he threatened my life—on 30th I went forward to see if the sails were set and Ryan gave me a shove; he had an iron belaying pin in his hand and said he would knock my brains out.
Cross-examined. When at sea I heard the prisoners threaten to complain against the captain about the cargo, nothing else, only that the cargo was damaged with water—I suppose the ship was making water, we pumped every two-hours—Leyerson and Ryan did not threaten to bring me before a Magistrate for ill treatment, I swear that—Ryan was always threatening that he would bring me up for sailing under a false name—I have got my papers here—it was on the 21st that Clifford and Ryan struck me; no one saw it but myself—it was bad weather, blowing a strong breeze; the spray would come over the sides at times; at the time they assaulted me the wind was increasing—Jacobson complained as we came up Channel that I had assaulted him and called him bad names—I had not during the voyage—I frequently complained of Jacobson having assaulted me, and also Ryan and Clifford—I did not charge Jacobson when I came to London because the captain took it out of my hands, or I Should—while we were coming up Channel the. captain fired a rifle, but which way I could not say; another ship was near at the time.
FREDERICK JACOBSON . I was an able seaman in the Argosy—when we were off the Cape of Good Hope I remember having a conversation with Leverson and Clifford in the forecastle; Ryan was present, and Tom West was in his berth asleep—Ryan and Leverson said "We are going to kill the captain and the mate, the steward and the boatswain, and cut Tom West's throat when he is asleep"—Glanville was boatswain at that time—I can't tell the date of this. (The captain stated that by the log it was the 21st April)—that was all I heard then—about two days after I was at the wheel—I came forward, and the three persons were on the fore-hatch yarning about the same thing; they said they would kill the captain, mate, steward, and boatswain, and take the ship into the Bay of Bahama and sell her—they wanted me to join—I went aft to the wheel—I heard them going on several times at it for about a week—they were on deck growling at each other—Ryan and Leverson threatened to knock off my face and one thing or another—about six or seven weeks afterwards I heard a quarrel between Clifford and Ryan—I could not make it out; Ryan came on the poop and told the captain that Clifford had cut the jib, and Clifford said that Ryan was going to cut West's throat when he was asleep—they accused each other.
Cross-examined. Cousins came to me in the forecastle one night about 8.30 and pulled me out—he had an iron belaying pin in his hand, and tried to strike me with it, and Clifford took it away from him; I was growling because he had kept us up when it was our watch below; we had only eight hours' sleep out of twenty-four—I cannot remember any other occasion on which the mate used violence towards me; I have got a bad memory—the captain used violence to me one morning when I was steering; he said "Where are you going to?" and he struck me on the cheek with his right hand closed, and kicked me and called me a Dutch son of a w—I called Clifford and Ryan as witnesses—I am a Norwegian—at the end of the voyage Clifford was doing something to the fore rigging and talking to Ryan, and the captain came up and told them to go on with their work; Clifford said "All right"—the captain said "It is not all right, it is all wrong; you are one God d—n Cannock and Liverpool shoeblack"—one morning the captain sent Levereon from the wheel, and he went forward to the forecastle, and the captain came forward and struck him with his fist and shook him as hard as he could—he wanted him to go to the wheel again—I and Ryan and Clifford had just turned in, and it woke us up; it was about 4 a.m.—one night Ryan said he was sick, and went to the captain for some medicine—the captain gave it him, and Ryan went and sat down in the forecastle, and the captain came forward and said "Come out here and haul down the staysails"—Ryan said "I cannot do it, I am sick"—the captain said "If you won't stand on your legs I shall stand you on your head, and stop your supper"—Ryan then went aft and asked for some bread, and he would not give it to him the first time—Ryan went and did his work then; the captain called him on one side, and they were yarning, but I could not make out what about—the captain carried about a revolver with him; I saw it sticking in his breast pocket that night; I could see the butt-end of it; that was the only time I saw it—before that he said he would put the ship under martial law; he said that several times, and so did the mate—one morning the captain said he would shoot Ryan; he said he would mark him for life—I did not see the revolver then; that was about the middle of the voyage; he had called us out of bed at four o'clock, and we complained of our breakfast getting cold—at Adelaide the captain said to me "I shall give you ten shillings if you will tell me who took the irons off Ryan, and tell me what is going on on the passage home, and after we get to London I will give you an introduction to the owner, and he will give you a few pounds"—the conversation on 21st April was between Ryan and Levereon—they were speaking rather loud—it was after supper; we had tea and biscuits, no grog—they seemed to be in a passion because the captain had been growling at them the night before about reefing the mizen—the steward was in the galley—I could not say whether the people in the galley could hear them—the second time they were whispering—the captain was always growling at one thing or another—everything the mate used to tell us we had to do it twice over; the captain said it was wrong, and would make us take it to pieces and do it over again—West was asleep in the forecastle when the first conversation took place—if he had been awake he could have heard it; he was a friend of the captain's, a fellow-townsman, and was treated by him as a friend all through the voyage; he used to be in the cabin with the captain almost all day, and dined with him, and the captain used to give him pickles and one thing and another; he was favoured above the rest of the
crew—Nash was in the galley; I could not say whether he heard—I said at Arbour Square "All in the ship heard they were threatened"—that was so.
Re-examined. The second conversation took place about forty-eight hours after the first—I heard the captain and mate threatened on several occasions—one day the captain was going to take Leverson and Clifford forward and lash them to the windlass and ropes-end them—the two occasions I have named were the only two on which I heard the prisoners threaten to kill the captain and mate—I have seen the prisoners since their committal—I visited them once in prison.
THOMAS WEST . I am living at the Sailors' Home—I was one of the crew of the Argosy—while I was on board I never saw the captain ill-treat Clifford, Leverson, or the other men—I remember Ryan being taken on shore at Port Adelaide—a few days after he came on board again—he had a conversation with me; he wanted me to join them in many matters; he said "West, why are you with them aft?"—I said "I am neither on one side or the other"—he said "Why don't you be with us?"—I said "No, I am going to be on the right," and I advised him to do so—he then went away—I never heard the captain threatened.
CHARLES COUSINS (Re-examined.) I kept the log in the cabin, I wrote it up every 24 hours, this is it; here is "Pleasant weather, pumps attended to every two hours;" "heavy gale, shipping a quantity of water, pumps attended every hour"—that was one time, off the Cape, three or four days.
JOHN TUPPER (Policeman.) On 6th July I took Ryan and Leverson in custody, Cousins charged them—I was on duty in Upper East Smithfield, and he called me to go on board the Argosy and take them for assaulting him while on the high seas—I told them the charge—Clifford said "We have charges to make against the captain and mate," and Ryan said "Yes, for damaging cargo and for shooting at a man on board another ship on the voyage home"
BLANCHARD WONTNER . The charge of conspiracy to murder was made after the first examination, I was not in the case at that time; it was a private prosecution, and the solicitor told the magistrate he wished to charge the three prisoners with conspiracy to murder—the Treasury then took it up—it was not on my responsibility that the charge of conspiracy to murder was made—the Magistrate committed on that charge.
NOT GUILTY . RYAN and CLIFFORD were further charged with feloniously wounding Charles Cousins with intent to do him grievous bodily harm, upon which no evidence was offered.— NOT GUILTY .
MR. HAROLD conducted the Prosecution: WILLIAM CHRISTOPHER STYLES. I am a French-polisher, of 14, Mount Street, Bethnal Green—the prisoner and I lived together about seven years, and I shall be only too happy to have her back—we have quarrelled at times—last Wednesday I had been drinking very hard from the Monday—we had been quarrelling and I had a fight with her and beat her most unmercifully, and so I had on the Monday—I don't recollect any more till I found myself at the police-station, bleeding—they dragged me through the streets like a dog—had I been sober I should certainly have gone to a hospital—the doctor
merely put a bit of strapping on my finger and head—I was able to go to work next day—under no circumstances should I be willing to prosecute her—I don't recollect anything that she did to me—we were both very drunk indeed, or she would not have been here.
MARY ANNE MURPHY . I live in the same house with the prisoner and prosecutor—previous to this Wednesday evening they had been drinking violently all the week—he gave her a severe beating on the Monday night, and on Wednesday morning he nearly strangled her on the stairs—in the evening she went out and had a drop of drink and came home very tipsy, and seeing the chopper lying on the floor, she took it up—this is it (produced)—it is an old chopper without a handle, which she used for breaking coke—she came down to me and said "Oh, Polly, see what I have done"—I went up—he was lying on the bed bleeding, but not very much, from his head and hand—I got some water and bathed him—I told him he ought to be ashamed of himself; indeed I consider he ought to be there, (In the dock) instead of her—the police came and took them away—the prisoner, when not in drink, is a nice, quiet, comfortable woman, and very clean—when she is in drink she is excitable, because her brain is not right—she is 50 years of age, and certain things have settled in her brain.
GEORGE BAXTER PHILLIPS . I am a surgeon, of Spital Square—on 31st July I saw the prosecutor at the station and dressed his wounds—he had a clean cut at the side of the head, about three inches long, reaching to the bone; the nail of his ring finger was separated, and the soft parts of the finger separated from the bone; he also had several minor cuts across his knuckles; he will probably have a stiff top joint of his finger for life—the wounds would be caused by such an instrument as this—I saw the prisoner at the station—she was excited by drink—she said she was sorry she had not taken his life.
MICHAEL JOYCE (Policeman H 148.) I went to the house and saw the prosecutor bleeding very freely from the right side of the head, and two of his fingers were hanging—he said he wished to charge the prisoner, and I took her into custody—she said she wished to kill him—she had been drinking very freely, and was in an excited state from drink—I asked her what she did it with—she said with a chopper—I asked her where it was—it was secreted under the bed.
Prisoner's Defence. He has always ill used me; several times he cut my hand and I have a stiff joint, and he kicked both my eyes open. We were very drunk on the Wednesday; I can't say I did not do it, but I don't remember anything of it; I am very sorry for it, for we are happy and comfortable when we don't drink.
NOT GUILTY .
NEW COURT.—Friday, August 9th, 1878.
Before Mr. Justice Lindley.
MR. POLAKD conducted the Prosecution; and MR. MONTAGU WIIAIAMS the
Defence. NOT GUILTY .
MR. MEAD conducted the Prosecution; and MR. PURCELL the Defence.
NOT GUILTY .
THIRD COURT—Friday, August 9th, 1878.
Before Mr. Common Serjeant.
MR. CROOME conducted the Prosecution; and MR. BESLEY the Defence. NOT GUILTY .
MR. A. B. KELLY conducted the Prosecution.
TIMOTHY HOLMES . I am a surgeon, of Great Cumberland Place—I was at the Lyceum Theatre on 8th July—I had this, pair of black opera glasses—on coming out of the theatre I placed them in the tail pocket of my coat—as I was getting into a cab I missed them, and informed the police—on 2nd August I went to Archbutt's, the pawnbroker's, and saw the glasses—I redeemed them on advice—they cost me 5l.
Cross-examined by Smith. I left the theatre about 11 p.m.—I did not see you.
WALTER HOLMES . I am assistant to Mr. Archbutt, a pawnbroker, of Westminster Bridge Road—I produce the ticket of these opera glasses, which were pawned in the name of Henry Hall, of 10, Upper Marsh, Lambeth, on 9th July, for 13s.—Hall is the man.
Cross-examined by Hall. After pawning the glasses you pawned a handkerchief for 2s. in the name of Charles Hall, of the same address—that was the Monday following.
Cross-examined by Smith. Hall did not say he pawned them for anybody or we should have put two names down—a penalty is incurred by receiving an article in pledge without taking the name.
JOHN ALLISON (Detective Officer.) On 9th July a communication was made to me by Inspector Kerley—on 17th July I went to Mr. Archbutt's shop and found these opera glasses there—on 19th July I went to 10, Upper Marsh, the direction on the ticket—I saw Hall there—I said "Did you pledge some opera glasses at Mr. Archbutt's, the pawnbroker's, on 9th July?"—he said "Yes, I did"—I said "They have been stolen from a gentleman outside the Lyceum Theatre"—he said "I did not know they were stolen, Harry Brooks gave them to me"—I said "As they were in your possession such a short time after the robbery I shall have to take you to the station"—he said "Will you go round to Harry Brooks's house?"—he took me to a house in Little Paris Street and went upstairs—I heard him say "Where is Harry?"—some one answered that he had gone
out with some friends, and he did not know when he would be back, it might be early or it might be late—the person also asked him who wanted Harry—he said "A friend of his up at the Crown and Cushion"—I and Hall searched several public-houses in the neighbourhood, but did not find Harry—Hall said he only got a pint of ale from Harry Brooks for pledging them. Cross-examined by Smith. The Magistrate said what Hall said of you and the glasses, was not sufficient evidence unless supported by another party—as I took Hall to the cell at Bow Street, where you were with several other men, you said to Hall "Did ever I give you any glasses?"—Hall said "Yes"—you said "When?"—Hall said "The morning after Irving's benefit"—Hall told me you took them to his room for him to pledge.
WILLIAM BOYELL . I am a member of the Investigation Department—about 10.30 on 2nd August I saw Smith coming out of the Bull public-house, Wellington Street—I said "Is your name Brooks?"—he said "No"—I said "What is your name, then?"—he said "Henry Smith"—I said "A man named Charles Hall is remanded on a charge of stealing opera-glasses"—he said "I know nothing about it"—I said "Hall said you were the man who gave him the opera-glasses to pledge, and that your name is Harry Brooks"—he said "My name is not Brooks, but Smith; I do not know Hall"—I said "Don't you know Clara?"—he said "No; you have made a mistake: I am not the man you want"—I took him to the station—I fetched Clara, the woman who lives with Hall, and Smith was placed with other men fetched from the street, and she picked him out, and said "Your name is Harry Brooks"—he made no reply—I said to Smith "You have been living in Paris Street"—he said "Where is it? I do not know it"—I said "It is in Lambeth, and near, St Thomas's Hospital"—Smith gave his address "Henry Smith, 137, Gate Street, Mile End Road"—there is no such place.
Cross-examined by Hall. I had seen Smith before this; he wore a beard and whiskers.
Cross-examined by Smith. I have known Clara about ten years; she frequents Wellington Street, Strand—I do not know any other Clam—Sergeant Allison told me you lived in Paris Street—I was in plain clothes when I met you—I did not say I was a detective; you knew it—I did not try to entrap you—I do not think I mentioned any other name but Hall—I knew you before, and you knew me, or else you would not have got out of my way—you swore your name was not Harry Brooks, and I called the potman, and he said "Harry Brooks."
CLARA HALL . I live with Hall, at 10, Upper Marsh, Lambeth—I know nothing of these glasses—I have seen Harry Brooks several times with Hall in several public-houses in Wellington Street, and in the Crown and Cushion at the corner of Upper Marsh, Lambeth—I saw them together about a month before 17 th July—I have taken friendly glasses with them—Smith lived at 5, Paris Street—I have seen him there once.
Cross-examined by Smith. I decline to tell you Hall's right name—I came home about 12 p.m.—I know one other Clara who frequents Wellington Street—we have only one street-door key—Hall waits for me sometimes—I do not go out before 12 a.m., so, if you had brought the glasses then, I must have seen you.
Re-examined. I know no other Clara Hall—I have heard Smith address Hall as Hall—I went out to get milk one morning about a month back, when I saw Hall go to a public-house.
The Prisoners Statements before the Magistrate. Hall says: "I can prove a previous conviction against Brooks (Smith) at the Middlesex Sessions, in the name of Henry Robert Clyde, for robbing two poor women of a few shillings, and he had eight or nine months' imprisonment At that time he was living with a prostitute, Annie Griffiths, who is now dead." Smith says: "I know Hall to be a bad character: very bad. It is on account of my supposed bad character that he trumps up this charge against me to get himself out"
Hall's Defence. My conduct has been straightforward. I never denied my name to the detective. Another name has been hinted, my father's. When I pawned these glasses, I was known to live close by. Mr. Archbutt knows me. I only put "Harry" instead of "Charles" in a moment of thoughtlessness. Ten days elapsed after I pawned them before I was taken into custody, so that I had every opportunity to assume another name, but I apprehended no danger. Smith has always known and addressed me as Charles Hall. I have never been in prison, or convicted before. I have suffered three weeks' remand, and I hope you will give me the benefit of any doubt.
Witness for Smith.
ELLEN WALTERS . I know Hall by the name of Charles Tindall. I saw him in the cell at Bow Street, at the suggestion of Clara Hall, who is also known as Mary Ann Kelly—I took Hall some beer and tobacco, and the jaoler gave him some food—I said, "Charlie, did you give Hall the glasses to pawn?Speak the truth, and shame the devil"—he said, "No, Nelly, I did not do anything of the kind; God strike me dead, I never did"—the policeman was behind—he said "It was my thinking of getting out of it by so saying"—three months ago you invited me to live with you as your wife, at 10, Paris Street, not 5—you were known as Smith, and sometimes called Brookey, but not Brooks—I recollect talking to you about writing to my aunt, on Monday, 8th July—she is executrix to my father—you were at home with a sick headache, and I did not leave the house that day—my aunt lives at 97, Gloucester Road, Brighton—you left your lodgings in consequence of debt, and were going to Mile End to look for better work as a cloth cleaner—you. asked me to live at Brighton till you could take me to a better home—I know Clara Davis—you took a second floor, at 7s. 6d. a week.
Cross-examined. I went out to do marketing, but not at nights, except with Smith—the conversation took place on the Monday, about my aunt not having answered—the letter had been posted on Friday or Saturday—I knew Hall as Charley, but not as Hall—I heard his lady friend called Hall, but not him.
Cross-examined by Hall. I know Annie Griffiths—Smith did not live with her—she was not known as Brooks—I was charged with Annie Griffith's at the Middlesex Sessions, Mr. Brindley defended me, and I was discharged—I was not in the Strand on the night of July 8th; neither was Smith—I never asked for Mr. Hall. Smith's Defence. I have endeavoured to show where I was on the 8th. The pawnbroker had not my name on the articles, I evaded the detective because I thought he was coming to summons me for my rent. When he mentioned the glasses, I denied knowing anything about it I never gave Hall any glasses. HALL— GUILTY on the Second Count.— Twelve Months' Imprisonment .
SMITH— GUILTY † on the First Count; he also PLEADED GUILTY to having been convicted of felony in March, 1877.— Seven Years' Penal
699. STEPHEN OLIVER (45), WILLIAM POULDEN (29), and JAMES FARROW (57) , Stealing 13 1/2; gallons of oil, the property of Robert Macqueen and others, the masters of Oliver and Poulden, to which Oliver and Poulden PLEADED GUILTY .
MR. GRAIN conducted the Prosecution; and MR. MONTAGU WILLIAMS and MR. HORACE AVORY defended Farrow. PATRICK HARFORD. I am manager to Messrs. Macqueen and Co., who trade as Nunn and Co., in St. George's-in-the-East, wholesale oil dealers—we have a contract to supply the Metropolitan Police Force with oil—Oliver and Poulden were servants, and were told off to supply oil to the different police stations and trim the lamps—about eighteen men are employed in that duty—Oliver commenced at Leman Street, Whitechapel—a stock can was kept in the warehouse for each man; in the case of Oliver and Poulden twelve quarts—the men then pour it into smaller cans, and take it round to the stations, two cans each man—experiments were made as to the oil required by each man—I checked them—a clerk named Ketteringham made them—a lamp burnt 14 hours—45 quarts for seven days were required for each man—I afterwards had a conversation with Oliver and Poulden—they continued to take out twelve quarts each day—the quantities were entered on a slate, and added up at the end of the week, and the totals copied in this book, which I kept—I made the entries from the slate—I saw the oil given out—I got the measurement from another—I saw Oliver take out two cans on 28th May, which he drew from the stock can—I cannot give you the dates—Poulden also received twelve quarts—I received a communication from and gave instructions to the police before 2nd July—the prisoners had no authority to sell oil—no perquisites were allowed—if they took out too much oil they had two choices, to bring it back next morning, or to put it in a can which is kept at each station—I have been manager since 23rd January—Oliver was there some years before that—I have seen the cans taken from Farrow's premises—they are similar to ours—there is no special mark, but I know the size—I have also tested the oil brought from Farrow's—it is similar to what we supply to the police—the wholesale price is 3s. a gallon—I also saw Poulden take out the oil.
Cross-examined. We are lamp manufacturers, ship chandlers, and Government contractors—we are paid at Scotland Yard for our contract—our men were not allowed the unburnt oil as perquisites:—I cannot give you an opinion upon what profit our firm makes—the more oil there is burnt the less profit is made—I looked to see if the stock can was full a fortnight previous—I cannot give the date—no one is here' from the police-stations that we supplied—the oil was for the bull's-eye lamps.
Re-examined. Our contract was per lamp—I do not know the size of the can that was kept at the station.
WILLIAM OLDHAMPSTEAD (Detective Officer.) In May last I was engaged in watching a case in reference to the Com Exchange—Farrow attracted my attention—I saw Oliver and Poulden in his company several times previous, but on 28th and 30th I made a note of it—on 28th May I saw Farrow in Mark Lane—I followed him by way of Great Tower Street to Trinity Square,
to the Old George public-house—Farrow put the nose-hag on his pony and went in the public-house—Oliver and Poulden then came up, and put two cans of oil each into the pony-cart, and covered them up—they carried one in front and one in a basket—they then went into the public-house, and remained ten minutes, and then came to the door with Farrow and walked away—Farrow went to the pony and trap and drove away—on 30th I saw Farrow at the Corn Exchange—I followed him to the Old George public-house—he gave his pony some water and went in—I saw Oliver and Poulden each with two large cans and a small one—they came from Tower Hill, put the cans into the cart, went into the public-house, and remained seven or eight minutes—they came out with Farrow and went away, and he went away too—I finished my Corn Exchange matter, and on 20th June I went to Mark Lane and saw Farrow unloading a cart—Inspector Leman followed him—he went away from Tower Hill—I saw Oliver and Poulden in Postern Row, and go through Trinity Square to the Old Cheshire Cheese in Crutched Friars—Farrow's cart was outside—they each put two cans into the cart, went into the public-house, remained five or six minutes, and came out with Farrow, who drove towards the Minories—we followed Oliver and Poulden to different police-stations—from inquiries I made (not at those places) I went to Messrs. Macqueen and Co.—on 21st June I watched Nunn and Co.'s premises—I saw Oliver and Poulden come out and take oil to different police-stations—on June 24th, about 8.20 am., I saw Oliver and Poulden each carrying two cans of oil—they went to the Old George, Trinity Square, and waited there twenty-five minutes, and then went on to the Royal Exchange, took an omnibus, and went on to Bethnal Green Road—they got down and took the cans into Farrow's shop—after a time they came out without the cans—Farrow came to the shop door with them—they went towards the City—on 25th June I saw them about the same hour—Oliver was carrying two cans—he went to the Nag's Head, Postern Row, Tower Hill—he then went to the Old Cheshire Cheese, and then to the Old George public-house—he was there joined by Poulden, who Leman had been watching—both had cans—they took a tram car to Bethnal Green Road—I followed them—they went into Farrow's shop and came out without their cans—on June 27, about the same hour, I saw Oliver leave the warehouse with two cans, and ultimately go to the Old George public-house—Farrow and his cart were outside—Oliver spoke to him—during the conversation Oliver put the two cans into the cart—Farrow covered them up and both went into the public-house—shortly afterwards Poulden passed by and went towards the Old Cheshire Cheese—Farrow and Oliver came out of the public-house—Farrow got into his cart and drove towards St. Katherine's Docks—he stopped his cart in East Smithfield opposite the docks—on Friday, June 28, I saw Poulden leave the warehouse with two cans—he went to the Nag's Head, Tower Hill—Oliver came up with two cans—they took a tram to Farrow's place—I followed them into the shop and bought a pennyworth of blacking—the prisoners were five or six yards from the centre of the counter, where I stood—Oliver was pouring the contents of a can similar to these into a large can—Poulden looked on—I went outside—I saw Oliver and Poulden come out carrying the cans in such a way that I should say they were empty—on July 2 I again watched the premises of Nunn and Co,—I saw Oliver and Poulden come out in the morning—Oliver went to Trinity Square, and
waited outside the Old George public-house—both had cans—while Oliver waited Farrow came up with a pony and trap—Oliver talked with another man—Farrow went into the public-house—after the man left him Oliver put the cans into Farrow's cart and then went in to Farrow—Poulden then came up with two cans and went to the public-house door; looked inside, came back, and looked into the tail of the cart—he placed the cans in the cart and went into the public-house—I and Leman went into the public-house—I saw Farrow hand something to Poulden—what it was I cannot say—we came out—the prisoners also came out—Oliver and Poulden went towards Trinity Square—Farrow drove towards Crutched Friars—I followed him to Aldgate—I got assistance—I stopped the cart and told Farrow I should take him in custody for receiving oil well knowing it to be stolen—he said "Receiving it, but I do not know it to be stolen"—I took him to the police-station and cautioned him—he said "I thought they were allowed as perquisites"—I left him in charge of the inspector, and went back with Leman to his premises in Bethnal Green Road—I found there a number of cans, one contained colza oil, and the can I had seen Oliver put some oil in—I took the full can to the station—I afterwards received some papers and books from Farrow's wife—I looked through them, but found no receipts for colza oil—on going back Farrow was brought from his cell to look at the can of oil—the acting inspector cautioned him and asked him what account he could give of the oil—after tasting it and saying "That is colza oil," Farrow said "The only account I can give of it is that I received it from Oliver and Poulden"—I believe he said "All in that can I received from Oliver and Poulden."
Cross-examined. Over Farrow's door are the words "Oil and colourman, hay, straw, corn," and everything you can mention—Farrow's name was upon his cart, but it was very fine; you could hardly see it—I could not see where he lived—I have been in the force ten years—I said before the Magistrate "I find Farrow has been a long time in business" and "I never examined the cans after they were put in the cart"—the oil was being poured out near the back door of the shop—it was about 9.45 a.m.—I had no conversation with the men who have pleaded guilty.
ROBERT LEMAN . On 20th June I took this matter up with Oldhampstead, and except on two occasions I was in company with him and saw what he saw—the evidence he has given is correct—I was present when Oliver and Poulden came out of their master's premises—I apprehended them.
GEORGE WINKS . I am in the prosecutor's service—I know Oliver and Poulden's rounds—in May last I made some experiments as to the quantity of oil that would be required by each man, and I found they only required about fifty quarts a week—if any was over they ought to have left it at the stations or brought it back to the warehouse—I never heard of perquisites being allowed—they had no authority to sell oil—if they had used a small portion to trim a lamp for their own use I do not believe the firm would have objected to it—I should not.
Cross-examined. I have not said "Perquisites were allowed, but no oil was allowed"—it is a mistake if it is in my depositions—they were not read over to me.
HERBERT GROOM . I am clerk to Messrs. Nunn and Co., and keep this book of the quantities of oil taken out—I measured out 12 quarts each day, about 8 am, for two days, while the other man was away, one day being
2nd July—I have not issued as much as 12 quarts to any man since the prisoners were taken into custody.
Farrow's Statement before the Magistrate. "I always believed it was their perquisites."
FARROW received a good character. GUILTY—Recommended to mercy. — Twelve Months' Imprisonment . OLIVER and POULDEN—Recommended to mercy by the prosecutors.— Nine Months' Imprisonment each .
On the recommendation of the Jury a reward of 5l. was given to Oldhampstead for his energetic conduct.
FOURTH COURT.—Friday, August 9th, 1878.
MESSRS. STRAIGHT and GILL conducted the Prosecution; and MR. PURCELL
JOSEPH MENDELSTAM . I am a button manufacturer, of 26, Ely Place, Holborn—Hopper entered my employ in December last—it was his duty, amongst other things, to take care of my cheque-book—he remained in my employment until two days before he was apprehended—on 14th June he came to the office, late, and I spoke to him about being absent previously and late then—he said that he was going to the Inland Revenue Office, and would soon be back—he never returned—I went to the Bank the same day I think, and in consequence of what the manager said I came back and looked at my cheque-book, and missed from it this cheque (produced)—there was nothing on the counterfoil—Hopper sometimes filled up the bodies of cheques for me—I also found one or two other counterfoils which had nothing on them—to the best of my belief the body of the cheque is in Hopper's writing, especially the endorsement "Collins"—I saw Farrow once in my inner office, somewhere about the Derby day—I did not speak to him—Hopper said Farrow was a friend of his. (The cheque was on the National Provident Bank of England, St. Marylebone Branch, dated 29th May, 1878, payable to Mr. Collins, for 79l. 10s. 2d, signed "Bective," endorsed E. Collins.)
LORD BECTIVE. Neither the signature nor any other part of this cheque is in my writing.
JUDAH HARRIS . I live at 45, Arundel Square, Barnsbury and was clerk to the prosecutor for three or four weeks before Hopper left—I have seen Farrow there about eight times—he used to come and see Hopper.
Cross-examined by MR. PURCELL. I cannot say when I last saw Farrow at the office.
Cross-examined by Hopper. I came in contact with your writing every day because I had the books.
HENRY PIJUS . I am cashier at Gibson and Son's, fishmongers, Bond Street—on 31st May a young woman of 20 or 23 came there and produced that cheque—she was a shortish woman, and had the appearance of a servant—her hair was of a medium colour, and she had rather a fresh complexion—I sent to the London and County Bank for the change and handed it to her in notes and cash—the numbers of the notes were 91667 to 91671—the cheque was afterwards passed through my bank and returned marked "No
account," and I stopped the notes at the Bank of England—I had not seen the woman before to my knowledge—the Earl of Bective has been a customer of ours for years.
Cross-examined by MR. PURCELL. I may have said at the police-court that the young woman had dark hair.
CHARLES JOHN WILLIAMS . I am a clerk in the accountant's office of the Bank of England—I produce four bank notes, No. 91667-8-9, and 91671, all dated October 11, 1877. Cross-examined by MR. PURCELL. One is endorsed "Smith of Epsom." WILLIAM HENRY HUDSON. I am a clerk in the Hanover Square Branch of the London and County Bank, where Messrs. Gibson have an account—I find an entry in my paying book of. a cheque for 79l. 10s. 2d. on the National and Provincial Bank, drawn by Lord Bective—the numbers of the notes paid for that cheque are 91667-8-9 and 91671.
HENRY HEALE . I am assistant to Messrs. Shoolbred and Co., of Tottenham Court Road—on 31st May Farrow came with a woman about 2 or 3 p.m.—she was. rather short, and rather full complexion, had lost some of her front teeth, and had dark hair—they purchased some articles to a little over 5l.; he gave a 10l. note, which he took from others—the cashier brought the change, and I passed it to Farrow, who gave the name of Smith, of Epsom—this is the note, and it was endorsed in that name—I have the bill for the articles purchased, which I afterwards identified.
EMMA BULLEY . I am a saleswoman in the Mantle Department of Messrs. Shoolbred—I served a man and woman there on 31st May—I identify Farrow—they bought a mantle and some fringe, which came to 4l. 18s.—the man paid me with this 10l. note, which he took from others—he gave the name of Smith, of Epsom, which I endorsed on the note—the woman was dark; rather fresh-coloured, and not very tall—there was something peculiar about her month.
CATHERINE COLLINS . I am housekeeper to Lord Bective, of 8, Hamilton Place—this "E. Collins" on this cheque is not mine, neither have I authorised any one to sign my name—there is no one else of my name in Lord Bective's house.
JOSEPH WAKEFIELD (Police Sergeant G.) On 28th June I was at Leatherhead railway station, when I saw Farrow get out of a third-class carriage and join somebody—I followed him to the Bull public-house, and said, "Good evening, Mr. Farrow"—he said, "Good evening, Sir"—I told him I was a police-officer from London, and should take him in charge for being concerned with another in custody, and one not in custody, in stealing a blank cheque; also for forging and uttering the same in the name of the Earl of Bective, and obtaining 79l. 10s. 2d. for it from 179, Bond Street—"Bective," he said, "I know, no Bective; you have made a mistake; where is your authority?"—I said, "I give you my authority; I am a police-officer from London, and I am going to take you on that charge"—I caught hold of him, he became violent and tried to escape, but an officer from the constabulary assisted me to the station—Farrow gave his address No. 3, Lower Terrace, Leatherhead—I went and searched the place, and found one pair of drawers and three pairs of socks, which have since been identified by Messrs. Shoolbred—I also found this. (The back of an envelope)—the names on it are, "17, Grosvenor Square, Clarke; 15, do., Brunt; 8, Hamilton. Place, Collins; 23, Park Lane, Golding"—8, Hamilton Place, is Earl Bective's address—I have made
inquiries, and the other three names are all housekeepers at the different houses, as Mrs. Collins is at Lord Bective's—on the way to London, Farrow asked me when the forgery took place; I said I believed about the latter end of May, but I was not certain of the date—I told him I had traced two of the 10l. notes given in payment at Messrs. Shoolbred's—he said, "That is quite right, I did; but am I to be answerable for that if I got them in a betting transaction?"—I said, "I don't know anything about that; you will be able to make your defence"—I spoke of the note endorsed Smith, of Epsom, and he said it was quite right—I had apprehended Hopper on 17th June at 59, Rockingham Street, Southwark—I told him that I was an officer, and that I was going to take him in custody for stealing a bill of exchange belonging to Mr. Mendelstam—he said, "I have stolen no bill; I had a bill, but I left it on the desk"—I brought him to the station, and told him he would be further charged with stealing a blank cheque from Mr. Mendelstam's cheque-book, which had since been forged and uttered in the name of Bective for a large amount of money—he said, "I stole no cheque; Mr. Mendelstam sometimes took out blank cheques; they are getting it up for me," or "mixing it up," I am not certain which.
HOPPER— NOT GUILTY . FARROW— GUILTY . ** He was. further charged with having been convicted of felony at this Court on 20th November, 1871, to which he PLEADED GUILTY.— Ten Years' Penal Servitude .
MESSRS. STRAIGHT and GILL conducted the Prosecution.
JOSEPH MENDELSTAM . While the prisoner was in my employ I drew a bill. of exchange for 22l. 1s. 1d. which was accepted by Miss Evans, of Watford—I sent Harris instructions to send Hopper down to a certain place, and to send it to the bank—Harris gave it to Hopper, who never returned it
JUDAH HARRIS . I am clerk to Mr. Mendelstam—in consequence of a letter I received from him I on 13th June gave the prisoner directions and a bill of exchange for 22l. 1s. 1d., which he was to take down to Great St Helens and leave with some firm—he came late to business on 14th June—I cannot say whether he was to give it to a Miss Isaacs.
JOSEPH MENDELSTAM (Re-examined.) The bill, with a lot of other bills, was to be taken to a lady friend of mine to take to the bank to discount for me—I did not want any of my clerks to take them—the bill has not been traced.
Cross-examined by Hopper. It was not sent by me—I have sometimes given you permission to sign my name.
JOSEPH WAKEFIELD (Police Sergeant G.) I arrested the prisoner on this charge—he said, "I stole no bill; I had a bill, but I left it on the desk, and I know nothing more of it"—Mr. Mendelstam said something at the police-station about the bill, and the prisoner said, "Let the detective go with me in a cab to my address, and perhaps we shall find it there"—I went and searched the lodgings, but was unable to find any bill.
NOT GUILTY .
702. GEORGE HOPPER and GEORGE FARROW were again indicted, Hopper for stealing five blank cheque forms or pieces of paper, the property of Joseph Mendelstam, his master. Second Count charging both prisoners with feloniously receiving the same.
MESSRS. STRAIGHT and GILL conducted the Prosecution.
JOSEPH MENDELSTAM . Hopper was supposed to go to the Inland Revenue Office the day after I gave him notice to leave—he did not return—I saw Farrow once in my inner officer—he had no right there—Hopper had access to my cheque-book—in consequence of something I heard at the bank I examined it after he left and found that a cheque had been abstracted from the centre, and there was no entry on the counterfoil (produced)—three or four others had been taken—I cannot trace them, there are no entries on the counterfoil.
Cross-examined by Hopper. I said at the police-court that this cheque was missing—I never used to tear out four or five at a time.
By the COURT. Other clerks besides Hopper had access to my chequebook—the porter used to go to the safe sometimes to take out a book—Harris had access to the safe—I have said "I have myself sometimes taken four or five cheques in blank from my cheque-book"—I say I did not tike those that are missing.
Re-examined. When I have taken out a cheque I have filled it up and it has been returned.
Farrow's Defence. I was never at Mendelstam's office except when four or five others were there, and I could not take out the books without being seen.
NOT GUILTY .
MR. BESLEY conducted the Prosecution.
MAXWELL ALLINGHAM (Policeman K 521). On 23rd July I was on duty in Buck's Row, Whitechapel, where the East London Railway. runs in about 40 feet of cutting—there is a railway bridge and at the end of it a hoarding—I saw the prisoners pick up several brickbats—there is a gate at the side of the hoarding with a wooden bar across, and they got up and reached over, and as the trains came in and out I saw them throw three at two different trains—they had three shies each as near as I can tell—trains approach the station and leave it rather slower, and persons can tell by the noise and steam when the trains are coming—when they saw me they got off the hoarding and ran away—I got the assistance of another constable and sent him up Wood's Buildings—they ran up by the school and I caught them—they said they were over there to ease their bowels—I took them to the station master and from there to the police-station.
Sanders. We never had any stones in our hands; we were not likely to have stones when we see 1l. reward up.
THOMAS TURNER (Policeman K 256.) Allingham called my attention, but I saw nothing of the stone-throwing—when I saw the prisoners they were standing at the corner of. Wood's Buildings—I was in uniform, and when I approached them they ran away—Allingham went down Nelson Court and I ran down Wood's Buildings and drove them into Allingham's hands—the prisoners are the same boys that I saw running away.
GEORGE SYMES . I am station master at Whitechapel Station of the East London Railway, which is close to Buck's Row—trains run at 1.37 and 1.38, and on 23rd July they were one minute late—shortly after they had left
the constable brought the prisoners to the station in custody, and in consequence of what he said I looked on the platform and saw some stones—this is one of them (produced) and some were larger.
GUILTY .— One Month's Imprisonment each .
MR. FRITH conducted the Prosecution. GUILTY .— Eighteen Month's Imprisonment .
ROBERT CHILDS . I live at Stepney—between 9 and 10 p.m. on 13th July I saw the prisoner at Fenchurch Street station—I was having my boots cleaned, and she came up and asked me to pay for hers being cleaned, which I declined—she then asked me to give her a glass of ale, which I did—she asked me to accompany her home—I agreed, and on going with her I felt her pull my watch, which was worth 5l.—I ran after her—I was stopped by a man—I struggled, got away from him, followed her, and gave her in charge
Cross-examined by the Prisoner. We went down some steps—I gave you 2s. to pay for a room to go to—when I ran after you, a man caught hold of my coat and stopped me—I lost sight of you for a moment—you went into two public-houses, but they would not serve you because. I told them what you had done—I was walking with you a quarter of an hour before I gave you in charge.
JOHN DAVISON (City Policeman 849.) I was in George Street, Minories—the prosecutor called me, and he charged the prisoner with stealing his watch—he said, in her presence, that he took her down a court and felt her take it out of his pocket, that he ran after her, and when near the bottom of the court she stopped and spoke to a man and woman—I took her in custody; she was perfectly sober.
By the COURT. They were talking together when I came up, and then be simply charged her.
Prisoner's Defence. I am perfectly innocent of it. I didn't see him with any watch.
NOT GUILTY .
MR. GILL conducted the Prosecution.
JAMES WEBB I live at 52, Jenner Road, Stoke Newington—on 23rd February, about 4 p.m.; I was in Brook Street—the prisoner and another man and a woman passed me—the prisoner threw his arms round me—I rebuked him and walked on to High Hill Ferry, where I saw the prisoner again—I went towards the River Lea and pulled out my watch to see whether I had time to go down the river, and finding I had, I went down one of the slopes—when I had proceeded 50 or 60 yards the prisoner came behind me and threw me down with brutal violence, whereby my face and shoulder were injured, and from the effects of which I am still suffering—he got on me, fumbled for my watch, took it, leaped. over a fence, and ran not far from the line of railway—I was bleeding when I got up, and dirty—I saw Warwick and requested him to go in pursuit, and he did so—I next saw the prisoner at the police-station and identified him.
HENRY WARWICK . I live at Elizabeth Terrace, High Hill Ferry, Clapton—I was at High Hill Ferry—saw Webb with his face bleeding very much—he pointed out the prisoner running—I ran on the railway line until I missed him—I afterwards identified him at the police station.
THOMAS TEW (Police Sergeant N). I took the prisoner on 25th July, about 12 p.m., on another charge—he was very violent, I had to throw him down, and with the assistance of Inspector O'Callaghan, I secured him with handcuffs—he kicked, and ultimately we got him to the station.
Prisoner's Defence. I have witnesses to prove that I was working at North Woolwich at the time.
GUILTY . He was further charged with having been convicted in January, 1865, at this Court, to which he PLEADED GUILTY.— Fourteen Years' Penal Servitude .
707. JOHN DAVIS (20) and THOMAS CLEVELAND (25) , Burglariously breaking and entering the dwelling-house of Myer Myers, with intent to steal, to which DAVIS PLEADED GUILTY . He also PLEADED GUILTY to attempting to break and enter the dwelling-house of John William Mender; also to stealing a watch and chain the goods of William Stephens, from his person; also to stealing a watch and chain, the goods of Thomas Aveling, from his person; also to stealing a watch and part of a chain from Alexander Hardness, from his person; and to a previous conviction of felony.
MR. CROOME conducted the Prosecution; and MR. PURCELL defended Cleveland.
JAMES RADLEY (Policeman 370 S). On the morning of 3rd June, shortly before 1 o'clock, I was on duty in Albany Street, and saw the prisoner leave that street in the direction of Euston Road—I communicated with constable Swain, and followed into Euston Road, and when I got near Mr. Myers's house I saw the prisoners against the shop—Davis was using this jemmy on the door, and Cleveland had his hand through a hole in the shutter, as if trying to get something out—we got within 10 yards of them—they ran away, and I followed Davis—on taking him to the station he let the jemmy fall out of his coat sleeve, and then threw it over into the churchyard, where I afterwards found it—I compared it with the marks on Mr. Myers's door and window—the jemmy has a comer off it, and that was shown by the marks on the door—there is a hole cut through the shutters, and inside this a piece of zinc was knocked off and a piece of glass broken—I called Mr. Myers up.
Cross-examined. I am not aware that Cleveland is engaged in shifting orange baskets, whereby he cut his hand.
JAMES SWAIN (Policeman 225 S). I was with Radley, and saw the prisoners at 430, Euston Road—Cleveland had his left arm in the shutter, as if reaching round—I got within 12 yards of him—they ran away—I followed Cleveland for about a quarter of a mile, his hand was bleeding from a cut, and at the station I found in his pocket a handkerchief saturated with blood—I never lost sight of him.
Cross-examined. I was about 12 yards from Cleveland when I saw him putting his arm through the window—I was in the middle of the road—the left side of his face was towards Euston Station—his left arm was in the shop—he took every turning he came to—I was round the corners as quick
as he was—there were railings at nearly every corner, and he was not more than 6 yards in front of me, and I saw him going round—I cried out "Stop thief!" all the way along.
MYER MYERS . I live at 430, Euston Road, and am a watchmaker and jeweller—I left the shop safe at about 10.30—it had not been open at allit was Sunday—I was called up a few minutes after one, and found a pane of glass smashed, which was sound at 11.30—the zinc was forced right away from the back of the shutter, and a piece of beading was chipped off the door-post. CLEVELAND— GUILTY — Twelve Months' Imprisonment . DAVIS**— Two Years' Imprisonment .
708. ROBERT GOODCHILD (44) PLEADED GUILTY ** to burglariously breaking and entering the dwelling-house of George Massey, and stealing therein two watches and other articles, after a previous conviction in 1868.
Fourteen Year' Penal Servitude .
709. JOHN FERGUSON (27) (See page 430) PLEADED GUILTY to a further indictment for burglariously breaking and entering the dwelling-house of Reuben King and stealing a set of false teeth. He was further charged with a previous conviction in March, 1874, in the name of Thomas Gunner , to which he pleaded NOT GUILTY.
Cross-examined by the Prisoner. You had the marks on your body which are described in this certificate—I didn't examine you myself.
The Prisoner. I can prove where I was working in 1874. (The Prisoner's photograph was handed to the Jury.)
GUILTY .— Seven Years' Penal Servitude .
OLD COURT.—Saturday, August 10th, 1878.
Before Mr. Common Serjeant.
MR. GEOGAHAN conducted the Prosecution.
CHARLES COOPER . I am in the service of John Carter and Co., wholesale boot and shoe warehousemen, 58, Kingsland Road—we have a customer named C. M. Smith, of 402, Mile End Road—on 27th June the prisoner presented this order to me. (Read: "Mr. Carter, please send by bearer men's calf lace kid tops of different sizes, and oblige Mr. C. Smith, 402, Mile End Road.") I gave him as near as I could what the order stated, to the amount of 1l. 18S.
CHARLES THOMAS SMITH . I am a shoe manufacturer, of 402, Mile End Road—this order is not my writing; I never authorised the prisoner to sign it or to go to Messrs. Carter for the goods—I know the prisoner, and believe this to be his writing.
forged order—he said at first that his brother gave it him, and afterwards that it was given him by a man named Cole living in Mile End Road—at the station, in the cell where he was, I found this other order, dated 17th July—the prisoner was wearing a pair of boots which he got as part of the last goods he obtained.
C. T. SMITH (Re-examined). This order appears to be in a similar writing to the others.
GUILTY of Uttering.— Eighteen Months' Imprisonment .
There were two other indictments against the prisoner for like offences.
711. EDWARD LOVELL (28) and JOSEPH COFFEE (31) , Burglary in the dwelling-house of Thomas Wright and stealing a cruet-stand and other articles. LOVELL PLEADED GUILTY to entering, but not to the breaking.
MR. ISAACSON conducted the Prosecution; and MR. CRISPE defended Coffee.
THOMAS WRIGHT . I live at 46, Gayhurst Road, Dalston—on the morning of 30th June, about 4.30, I was disturbed by a noise in the house—I got up, put on my trousers and waistcoat, and went down to-the backparlour door, where I met Lovell—I seized him by the collar and said "Oh, you are the sort of fellow that do these things, are yon? come along"—he made a struggle, as though he was going to strike me—I said "Oh, that is it, is it," and I threw him down in the passage and held him there securely till my son brought the clothes-line, and I bound him with it and sent for a policeman—I told my son to stand over him while I looked over the house to see. if there was another fellow about—I did not find one—Lovell had on one of my son's coats under his own, and in his pocket he had two table-napkins and a pair of nut-crackers of mine—I afterwards examined the house and missed a gravy-spoon, a sauce-ladle, and another pair of nut-crackers, which were afterwards found in London Fields by some children, about 400 yards from my house—when I went to bed the previous night the front parlour window was shut and fastened by the catch, and the Venetian blind was down and the door was fastened—the value of the articles taken is-about 6l
JAMES WRIGHT . I live with my father—I was awoke about 4.30 on this morning by my sisters, and on going downstairs I found the front door open—I shut it, and at the same moment Lovell walked out of the back parlour and was collared and thrown down by my father—he held him while I tied his legs with a part of the clothes-line—he was kicking.
THOMAS DEACON (Policeman 120 H). On the morning of 30th June, about 20 minutes to 5, I was on duty in Melbourne Road, Dalston, which runs into Gayhurst Road, and saw the two prisoners—they asked me the way to the Cat and Mutton—I directed them to the Richmond Road—they went the other way, down Gayhurst Road—I then went round my beat—about 10 minutes to 5 I was called by the prosecutor's son to 45, Gayhurst Road, where I found Lovell bound hand and foot with a clothes-line; I had to untie him before taking him into custody—he was charged at the station-house—he said he had made a mistake—I afterwards returned to the house, and in the Gayhurst Road I saw Coffee standing, about 30 yards from the house—as soon as he saw me coming towards him he made off as hard as he could walk—I followed him, overtook him, and told him I should take him into custody for being concerned with Lovell in the burglary at 45, Gayhurst Road—he said he would give me his name and address, and I could find him at any time—I took him to the station and charged him.
Cross-examined. I was about 10 or 15 minutes at the prosecutor's house, looking round—I then took Lovell to the station—I was not there above five minutes—it is about five minutes' walk from the prosecutor's, and when I returned I saw Coffee standing smoking a pipe close to the house—I did not see him when I left the house with Lovell—he was in the Lansdown Road when I overtook him—I lost sight of him in turning the corner—, when I took him he commenced to cry, and said he had not touched a thing in the house—he went back with me to the house; he did not want to go; he resisted a little—at the station he said to Lovell "You have led me into a fine hole this morning."
By the COURT. The entry had been made by the window; there were two scratches on the catch and between the woodwork.
Lovell's Defence. I was passing by and saw the window open—I had nothing to do and went in.
LOVELL— GUILTY of housebreaking. — Twelve Months' Imprisonment . COFFEE— GUILTY — Twelve Months' Imprisonment
MR. KELLY conducted the Prosecution; and MR. PURCELL the Defence.
JAMES HALL (Policeman G 203). I was on duty on 8th of July, about 2.10 a.m., in Gray's Inn Road, and saw the prisoner standing at the corner of Sidmouth Street—he went to the Mechanics' Larder public-house and tried the cellar-flap, then went into the middle of Gray's Inn Road, looked round, and went back to Sidmouth Street—the lamplighter came and put out the lamps—it was a dark night—the prisoner crossed over to the public-house again—I followed and found the cellar-flap unfastened; it is bolted inside—I had seen the prisoner stooping towards the flap—I waited for another constable and then called the landlord—the barman came and let me in at the door—I went down into the cellar and found the prisoner lying just below the flap at the bottom, four steps down, on his back—the flap was shut—he appeared to be asleep—I asked him what he was doing there—about 20 minutes had elapsed since I first saw him—he was quite sober—he Said he came after some beer—the cellar contained beer.
Cross-examined. The beer was untouched to my knowledge—I said before the Magistrate "The prisoner is a pavior, he has been at work till lately, I have seen him."
Re-examined. No charge of drunkenness was entered against him at the station.
ARTHUR BARNARD . I am the proprietor of the Mechanics' Larder—I remember the constable ringing the bell—I gave the prisoner in charge—I went into the cellar and heard his statement that he came for beer—he was perfectly sober—he is known as a bad character in our neighbourhood.
WILLIAM LEWIS . I am Mr. Barnard's barman—it is my duty to fasten up the cellar every night—I did so on this night, at 10.30 p.m.—the flap is fastened with four bolts—I went down with the constable and found the bolts back and the prisoner lying on his back—he said that he came for beer—he was perfectly sober.
Cross-examined. We put beer and mineral waters into the collar, which come about twice a week—some came on Friday—this was Sunday morning.
GUILTY .— FOUR Months' Imprisonment .
MR. GILL conducted the Prosecution; and MESSRS. BESLEY and GRAIN the Defence,
JOHN ROBERTS . I was manager to Oswald Arthur Beaumont, who trades under the style of R. A. Jones and Co., chocolate manufacturers, in Acton Street, Haggerston—some time in the middle of May last Mr. Beaumont was away ill and asked me to take charge—I sent out statements of accounts to customers who had accounts standing against them; amongst others to Mr. Smallman, of Manchester, for 27l. 10s. 7d—I received a reply, which I showed to the prisoner. (This was dated 29th May, and stated that the amount claimed had been already paid to the prisoner, and that no sum of 5l. 11s. was paid on the 25th.) The prisoner had credited Mr. Smallman with 5l. 11s. as paid on 25th May, and he had remitted that amount on that date—I communicated with the prisoner and received a telegram from him and afterwards saw him—I asked him for an explanation of this letter of Mr. Smallman's, and what he meant by giving him credit for 5l. 11s. when Mr. Smallman had never paid it—he said it was a mistake, he could not understand it, or something of that kind—there were one or two other little accounts similar, and I said "How do you account for those?"—he said he could not account for it, it was a mistake, or something of the kind, and went off on another subject—he said "You know what a lot of accounts I have to pay for you," and he also said that I did not understand his position, and the expense he was put to—I asked him if there were any other amounts similar that he had kept and not paid to the firm—he said he did not think there were, but he could not possibly tell unless he saw his books—I insisted upon his letting us know at once, because he was putting us into a false position with our customers, as we were sending out accounts that were paid—he said he would look at his books and let me know—I said he must let me know on Monday or Tuesday, this was on Saturday—he said he could not see his books, they were down in the country, at Manchester or Birmingham—on the Monday his wife came and brought this letter. (Read: "Gentlemen,—I am sorry I could not get together more cash than I did on Saturday, but if you will only give me sufficient time, I will do my utmost to pay you as quickly as possible. I will send you more at the end of the week. Trusting you will be as lenient as you possibly can, for it is not my intention to rob you of a penny. I have mislaid Mr. Roberts's address. Yours, W. T. Youard. To Messrs. Jones and Co.") That letter enclosed this account, consisting of 25 items amounting to 335l. 14s. 8d.—I find the name of Hetherington 70l. 19s. gross, 63l. 17s. nett—I afterwards saw
the prisoner and told him I was very much annoyed at the matter, and asked what he meant by collecting this money and not accounting for it—he did not say much, he looked very uncomfortable, and beat on the table, and tried to make, some excuses, and said his expenses were heavy—I asked what he did with the money—he said he had used some of it in his own business—I believe he had a business of his own, as I found out afterwards—I called his attention to his commission account being overdrawn 360l., apart from this—it was as to that he said that his expenses were heavy; he said he would work it out in good time as he was getting such a good business—I then left him and communicated with our solicitors—he was in the habit of sending off cash and what he called a balance-sheet once or twice a week—these (produced) are some of them—these are books supplied to him; there is a tally in the book, he tears this part off and sends it with the money—he was instructed to remit immediately—on 31st May he represents 9l. 16s. 8d. as his balance in hand, and in all these accounts the balance from the last week is carried into the next—I sent him a cheque for 8l. every week drawn to his order; he often came for it.*
Cross-examined. I joined this firm when Mr. Beaumont went away ill—the procuration is dated 30th May, and a week or ten days previous to that I took charge—I had been going there for a month before, looking over the books, and seeing how things were worked—I was a merchant, and I had thoughts perhaps of becoming the proprietor of this concern—I think I first went to the premises about 20th April—I am not related to Mr. Beaumont—I had nothing to do with making the engagement with the prisoner—I made myself thoroughly acquainted with the business—I told the prisoner it was very hard that he should take 300l. odd after he was already 300l. in debt—when I left him Mr. Field, the accountant, was with him—since then he paid 26l.—the accountant did not report to me that he said to the prisoner "If you pay 200l. down there will be no prosecution, but if you don't there will"—he had no authority to say anything of the kind—he is not here—he said that the prisoner had proposed a bill of sale, but he said that would not be worth a rap—he said that he told the prisoner I was so determined, that unless he made some effort to make the affair right he, would not guarantee that I would not send a policeman to him that very day—I noticed by the accounts that the prisoner's sales had increased very much, but that we had never got the money—although the business was large it was not profitable.
OSWALD ARTHUR BEAUMONT . I am a chocolate maker, trading as R. E. Jones and Company—I have been in the business three years—the prisoner has been in the service of the firm two years and a half—he was at first employed as a town traveller at 3l. per week and 5 per cent, commission—in October, 1876, it was proposed that he should travel in the north of England—terms were drawn up but not signed—he was to have 10 per cent on actual cash received, but he complained of having to open new ground, and that he could not travel on those terms, his expenses would be so great, therefore we agreed to allow him 8l. a week instead until his connection would enable him to do without; that is when it amounted to 80l. a week, and 10l. when he was in Scotland—he was to go where he was ordered, and come to the office when written for—he was not to travel for anybody else, and he was to come when he could every Saturday—he was not to carry on business for himself—he
was to find a guarantee from the Provident Clerks' Association, and as they would not grant it Unless he had a salary, we arranged to give him 10s. a month in addition to the commission—this is the guarantee which he got—if he received cheques or notes he was to send them up the same day, and to change gold into notes and send them up too if he could, and if not, to Send the gold up the next day—he was also to send up a return sheet of remittances like this one, stating the discounts he gave, and the amounts he remitted, and showing what he had in hand—some weeks there would be a balance carried forward, and some not—he sent up these sheets once or twice a week, and sometimes oftener—cheques for 8l. to his order were sent him, unless he called on the Saturday, when it was handed to him—he got a cheque every week for 8l., except when he was in Scotland, then he got a cheque for 10l.—I gave him directions where to go, and we received letters from him from those towns—in January I spoke to him about his having overdrawn his account—these receipts are in his writing—these amounts from Messrs. Hetherington, of Manchester, on 6th March, 17l. 10s.; 4th April, 2l. 19s.; and 17th April, 14l. 17s. 6d. were not accounted for by him—the discount on the 2l. 19s. should have been 5s.—it is 8s,—what the 3s. is for I do not know—he had no authority to allow over 10 per cent.
Cross-examined by MR. GRAIN. He should not have allowed extra discount without first obtaining leave from the office—we should not have grumbled at a small amount like that, but he should have mentioned it—he travelled for cocoa and confectionary—our business had been entirely for cocoa, but in October, 1876, We took up confectionary upon the prisoner's suggestion—I had no special knowledge of confectionary, nor had my partner—the prisoner suggested particular journeys, and ultimately went them—our connection chiefly arises from the prisoner's travelling—he paid his own expenses out of the 8l. a week, except for stamps or stationery—we estimated what it would cost him, and then upon the basis of 10 per cent agreed to allow him to draw 8l. a week—his remuneration would be what was left after paying expenses—the 10 per cent was on the nett—he was to have 8l. a week, whether he got orders or not, to start with—the first three or four months he did not win any trade—if he had not taken any orders. ultimately, we should have stopped him, because it would not have paid us—he never earned his commission, and we have not stopped him yet—we knew he would not earn it at first; we assumed that he would after the first year—I never waived the arrangement that he was not to carry on any business for himself—I heard that he did do so—I do not know it—I did not know that he was carrying on business at 28, Spencer Street, Goswell Road, as an importer of comestibles and soups of different kinds—I do not know of the establishment, nor that the firm went there—we dealt through him, not for him—I mean if we wanted some cherries or other fruit, and he would say, "One of our customers has some to sell," and we would give him orders to buy them and pay for them, and paid him on Saturday when he brought the bill—I did not know that he got anything by it—he might have arranged with the shopkeepers—it did not come out of our pockets—he got some fruits for us for the Alexandra Palace—I ordered them—about 16s. worth, I think—I cannot say whether it was written on one of our business forms; I should not think it was entered in our books—the money would be put to the fruit account—we did not put in Youard's case the name in our ledger—I did not ask Youard to get three months
credit for it—it might have been 3l. 4s. 9l.—we directed him two or three times to go to Birmingham; I cannot fix the date—it is three years ago—I cannot remember telling him to go to a particular town on a particular day—he stayed away about a week, and when in Scotland about a fortnight—he used to write and say, "I cannot get through my business this week; I must stop for another week," and he stopped—the guarantee was against embezzlement—I cannot say that he ever stayed three weeks—we arranged for a commission because we thought he would work all the better—I did not ask him to go to certain towns as a favour—he has gone to towns which were not upon his particular route, but they were on his ground—a traveller gets a connection peculiar to himself—he told us he had a considerable connection of his own in October, 1876—his orders amounted to between 50l. and 60l. a week—he went to Liverpool because he sold confectionary, and our man at Liverpool only sold cocoa—that was the case with some other towns—I never heard he was a partner in a business—I had no conversation and gave no directions about receiving money from the prisoner after his defalcations were discovered—I was away ill.
Re-examined. He was our town traveller about six months before he went to the North.
ISABELLA HETHERINGTON . I am the widow of the late John Hetherington, a wholesale confectioner, who carried on business at Manchester—we dealt with R. E. Jones and Co.—I paid the prisoner on 6th March 17l. 10s.; on 4th April, 2l. 19s.; and on 17th April, 14l. 17s. 6d., and he gave me these receipts.
Cross-examined. I knew nothing of Jones and Co. before the prisoner came—I have since done considerable business with them—I do a large business—I have known the prisoner a short time.
GEORGE CHAPMAN (Policeman N). I took the prisoner on a warrant at his private house—he said that he had been expecting to hear from some one as long as they did not take the last instalment from his wife on Saturday last, but he did not expect a warrant; he expected a writ.
JOHN ROBERTS (Re-examined). I asked the cash-keeper whether the prisoner had been doing any business for himself—he told me that he had in pickles, but not where it was—I know now where it was because Montague Chatterton, the printer, after we issued the warrant, came with a big bill about "W. Youard's Empress of India chutnee," and asked whether he was likely to get his money—we saw a report in the newspaper; I made a mistake about the warrant.
NOT GUILTY .
FOURTH COURT.—Saturday, August 10th, 1878.
715. PAUL WALMSLEY (See page 430) was further charged with a conviction of felony in February, 1876, in the name of ' JAMES BOLTON (Sessions Officer). I was present when the prisoner was tried and convicted, on 28th February, 1876. This is his photograph (produced)—this is the certificate. (This described the person as being crippled in the left foot, and the prisoner now admitted that that was so.)
The Prisoner. I have been ten days in prison, and none of the officers know me.
GUILTY .**— Seven Years' Penal Servitude .
MESSRS. BESLEY and FRITH conducted the Prosecution; and MR. STRAIGHT the Defence.
CHARLES PATRICK SMITH . I am a furniture dealer, of 209, Brompton Road—nine or ten years ago I supplied 300l. or 400l, worth of furniture to the prisoner in the name of Mrs. Lawley, which was partly paid for in money and partly by the bill of a gentleman—the prisoner lived in the house for two years after that, and three or four years ago I met her in the street and asked her how she was—she said that she had been living in the country—on 13th July, about 11 am., I was sent for to Mr. Coulthorpe's shop, which is near to mine, and saw a Victoria at the door and a pair of horses and a driver—the prisoner was in the shop; she shook hands with me, and said that she had married a nobleman, Lord Beauclerk, and was in a very good position; that her husband had large estates, one in the West Indies and one somewhere else; that she was coining, to town in a few days and I was to take a house for her and furnish it, and she would spend 2,000l.—she said that she had been married about eighteen months, and had a child ten months old, and that her husband had given 700l. or 1,000l. for the horses and carriage—I left her there, and in the afternoon she came in a cab to my shop and said that she had been staying at the Alexandra Hotel, and had a very heavy cheque in her pocket; that it was too late to get it cashed, and would I lend her 30l., as she wanted to discharge her hotel bill and go to Ramsgate—I told her I had not cash enough in my pocket and wrote this cheque (produced) for 30l., payable to Lady Beauclerk, and dated 12th July—the date is a mistake, it was Saturday, 13th July—she said she would give me 10l. interest, but I told her I did not want it—I wrote out this I O U for 30l., and she signed it "Lady A. E. Beauclerk"—I parted with my money, on the representation of her being Lady Beauclerk, and I believed that she was living at the Alexandra Hotel—I knew that she had left the Woolpack—she had sent for me eighteen months ago, about the same furniture that I had supplied her with at Pelham Street, Brompton, and which was warehoused—she wanted to dispose of it, and I offered her a price for it, which she accepted, and gave her address at the Woolpack, where she said she was going as housekeeper or manageress—I would not have parted with my cheque had I known that. she was not a married woman, or had I known that in June she was still manageress at the Woolpack—I saw her again on the Monday, and she wanted me to lend her 10l. more; I said that I really had not got it, and I should be glad if she would give me money to meet the cheque; she said that she had not got it—I had stopped the cheque in the meantime—she said that she had written a letter to me, telling me to stop the cheque; I said that I had not received it; it came after she left, and the post-mark was July 15—I think she was taken in custody the same evening, July 15.
Cross-examined. I knew her 7 or 8 years ago as Lawley, then as Bevan, and finally as Lady Beauclerk—when she was Lawley, she was living in Pelham Street, Brompton, under, I presumed, the protection of a gentleman who was introduced to me, and said that he would be responsible and pay for the furniture, the value of which was 320l. or 330l.; and eighteen months ago I gave her 155l. or 165l. for it—I am not particularly in the habit of providing furniture for ladies who are under the protection of men; I have done so, on four or five occasions—her mentioning a name like Beauclerk had
an effect upon me on that occasion—I know that fast women adopt grandiloquent names—I actually refused 10l. for the accommodation.
Re-examined. The sole reason of my parting with the cheque was that I believed she was married to Lord Beauclerk, and her telling me about the child and the estates.
AUGUSTUS RICHARD HAWKINS . I am proprietor of the Woolpack, Gracechurch Street—the prisoner came to me as housekeeper in the name of Mrs. Bevan, on 25th March, 1877, and left of her own accord about 20th June this year.
WILLIAM COCKBURN . I am manager at the Granville Hotel, Ramsgate—on 21st June, 1878, the prisoner came there, and for the first fortnight she was there continuously, and her account was 31l. 0s. 5d.—I applied for it as usual, on Monday morning, 8th July—she made no objection, but went up to town on Tuesday, for the purpose, as she said, of getting money to pay it—she gave her name Mrs. Bevan—when she came back she handed cheque to the waiter, it was not endorsed, and I sent it back to her; she came down to my office—I told her the cheque was not endorsed and was useless; she picked it up and endorsed it as you See it, and gave it to me, and said that she was going to be married to Lord Beauclerk on Monday morning—she left the Hotel early on Sunday morning with several packages—I did not know that she was going to Cliftonville—up to the time this letter was read in the police-court, stating that she had stopped the cheque because my charges were excessive, I having charged 30l. instead of 8l, I did not know that she had made any imputation against me.
Cross-examined. I know that She told toy waiter that she was housekeeper at the Woolpack, And came for change of air—she gave her name Bevan, and yet she signed "Lady Beauclere" on the back of the cheque—she was with me three weeks—her bill was less than 10l. the first week, but considerably more the third—she was by herself part of the time.
OWEN PARRY I am manager to Mr. Pike, of 153, Cheapside, manufacturer of imitation jewellery, commonly called Abyssinian gold—the prisoner came there on 11th July, and said that she was the wife of Mr. Bevan, the banker.
Cross-examined. We make the Abyssinian jewellery as like the real article as we can; but I should not be taken in by it.
NOT GUILTY .
717. ANNIE BEVAN was again indicted for unlawfully obtaining 4 rings, 1 locket, 'and other articles, and 1l. 7s. in money, by false pretences. Second Count attempting to obtain 20l. of John Henry Chadwick by false pretences.
MESSRS. BESLEY and FRITH conducted the Prosecution; and MR. STRAIGHT the Defence.
OWEN PARRY . On 11th July the prisoner came to Mr. Pike's in a carriage and pair—I knew her before—she said she was the Wife of Mr. Bevan, the banker, and Selected a bracelet, value 1l, 1s., and a locket, value 1l. 1s.—I allowed her to take them away—she gave her address, 17, Pelham Place, South Kensington—she called again next day and ordered goods to the amount of 20l—she said that she was going to the bank to cash a cheque, and Would call and take them away; she did not call—I sent the goods to 17, Pelham Place, and She was not known there—I forgot to tell you that the next day, Thursday, she purchased a locket, a brooch, and' three rings, which came to 3l. 10S, which she paid—the rings were imitation stones, and
were worth 10s. each—the locket was 1l. it had in imitation diamond in the centre.
JOHN HENRY CHADWICK . I am assistant to Henry Soames, a pawnbroker, of Fulham Road—he has three shops in Chelsea—I have been twelve years in the trade—on 12th July, about 9.30, the prisoner came and wanted me to send for some Apolonaris water and brandy, and to advance her half-a-sovereign on a cheap common ring; but I only advanced her 4s.—she came again about 10 o'clock and asked me to lend her 20l. on this bracelet—she asked to look at some things out of the window, which came to 43l. 18s. altogether, and the put the other bracelet in and asked me to make them 60l.—I said that I did not think I could—she said "Yes, you can; they are splendid brilliants, and this one cost 300 guineas," or pounds—I agreed to advance her 60l. on the two, upon that representation—I would not have done so if I had known that she bought them at Mr. Pike's Abyssinian shop—she subsequently purchased another ring for 20l., and gave me 14l. of the change I gave her, and this metal bracelet, to make the 20l.; but she said nothing about the value of the bracelet, and I did not try it, as she took me off my guard—I afterwards found that the bracelets were not gold, and that the stones were paste, and that Mr. Pike had charged about 4l. for them all—I let her have the value of 63l. 18s. for them, goods and cash—she called next day, about 11.30, in a Victoria and pair, and produced a locket, two pain of earrings, this pendant, a bracelet, and something else, and asked for 20l. or 25l. on them—I said "They are paste and metal"—she said that I most be mistaken; she never wore fictitious jewellery, and if I did not like to lend it she would take them round to Mr. Young—I then found that the goods she pledged on the first day were worthless.
Cross-examined. I wish the Jury to believe that the lady who came at 9.30 a.m. and pledged a ring for 4s. to get brandy and Apolonaris was likely to have given 300l. for a diamond bracelet—I went to her address and found that it was quite correct, but not before I parted with the money.
Re-examined. The 300l. bracelet has one of the stones out, and it was so when she spoke to me—I gave her regular deposit notes.
THOMAS WALE . I manage another shop of Mr. Soames, 243, Fulham Road—the goods cover one of the names over the shop—the prisoner called there about 1 o'clock on a Saturday, and put down on the counter this locket and a bracelet and brooch which I have not seen since, and asked me to lend her 25l., or as much as I could honestly lend her—I asked her if she knew what they were, she said "Diamonds"—I informed her that they were paste, and the mounts were metal—she said that they were Cape diamonds—she then produced some pendants and ear-rings, and said "What are these?"—I said "They are only paste and metal of no value"—she said that she never wore fictitious jewellery, and that the stones were aqua-marines and amethysts—she doubled up her hands to hide them, and drew a gold ring off her finger on which I lent her a sovereign—that ring is identified as having been obtained from the last witness the day before.
EDDMUND WELMAN . I am manager to Mr. Child, pawnbroker, of 165, Brompton Road—on Thursday or Friday, 11th or 12th July, I saw the prisoner in the shop, and the assistant had a pendant in his hand—he told me in her presence that she wanted 700l. on it, and that it had been re-set at Hunt and Roskell's—he held it up and said "What do you call this?"—I said "Why, imitation to be sure," and that I should advise her net to pledge them.
Cross-examined. I said "Why, it is rank imitation"—she was quite sober.
ALFRED SUNSTANCE . I am a pawnbroker, of 69, Brompton Road—on 11th July the prisoner brought a pendant which she wanted to pledge, and asked me what it was worth—I tested it, and found it was not gold, and gave it back to her—she did not ask for any sum—she said that it was given to her on her marriage, and she thought it was good.
CHARLES YOUNG . I am assistant to Mr. Baden, a pawnbroker, of 203, King's Road, Chelsea—on 12th July, about noon, the prisoner, who I had seen previously, came and offered two diamond rings, a diamond locket, and two rings in pledge—they were genuine articles—she then offered me an imitation brooch, which I refused—she took two rings off her fingers, and asked for 20l. on them—I lent her 40l. on four rings and a locket—she gave her address, "Mrs. Bevan, 29, Pelham Place."
JOHN HENRY CHADWICK (Re-examined.) These articles all belong to Mr. Soames—they are what I allowed the prisoner to take away in consideration of the 63l. 18s.—when she came on Saturday and offered other jewellery I had not examined the first; it was done up.
WILLIAM BIBBY (Police-Sergeant B). On 15th July I took the prisoner in King's Road, Chelsea, and charged her with obtaining money from Mr. Soames—she said she was very much surprised, and would write out a cheque and pay for the whole of the goods to-morrow—I drove to the station in the carriage and pair in which she was, and which was hired by her—the charge was read over to her, and she said that she would write a cheque to-morrow on her bank in the City—she gave up this necklace, pendant, and ring, and was giving this locket to the coachman to pay the fare, but I prevented her—I found these two pawn-tickets (produced) in her bag at the Cliftonville Hotel, Margate.
Cross-examined. I considered her sober.
GUILTY on the Second Count. — Four Months' Imprisonment .
MR. CROOME conducted the Prosecution. GUILTY .— Judgment Respited .
MR. CROOME conducted the Prosecution.
JOHN TOVELL . I live at 61, Hartwell Road. Chalk Farm Road—on 2nd July, about 9 p.m., I went into the Lord Nelson, and after persuasion I treated the prisoners—I had in my left trousers pocket a purse containing 12l.—I cannot say whether I took it out to pay for the drink, but it was in my pocket when I left at 9.30—the prisoners followed me out, and when I got a little way up the street I found Quinn's hand in my pocket—Riley tripped me up at the same time, and I fell very heavily, and have the scar still—I did not see them again till the following Monday—I am positive they are the women.
Cross-examined by Quinn. I did not leave you in the public-house and go with some men who were playing tricks with cards; it is false.
By the COURT. I felt the purse in my pocket at 9.30—the two prisoners asked me to treat them, but nobody else spoke to me—I cannot swear
whether I took my purse out when I treated the prisoners, because I had money loose, but I had my purse in my pocket when I left the public-house.
CHARLES CHAPLE (Policeman 114 S.) About 10.15 p.m. on 2nd July I received a description of the prisoners and went all round the neighbourhood, but could not find them—I found them on another day in May's Place, and told them I should take them on suspicion of robbing a man of 12l.—they said "That is right, old man, we will go to the station with you"—when they got there they said "We have been drinking ever since we had the money"—Tovell identified them from among several more.
Quinn's Defence. The prosecutor treated me and gave me half-a-crown to go with him. He then said that he had no more money to pay for a room, and wanted the half-crown back. I refused to give it to him. As I went out I fell down the steps, being the worse for drink, and I went home and saw no more of him that night.
Riley's Defence. He called us in and gave us rum. I had my sister's baby in my arms. I went home and saw no more of him till a week afterwards.
NOT GUILTY .
720. HENRY TURNER (28) , Unlawfully conspiring with William Wood to steal the moneys of James Burgess. Twenty-six other counts, varying the manner of laying the charge. He PLEADED GUILTY to all the Counts except those charging an intent to steal upon which MR. BESLEY, for the Prosecution, did not proceed.— Eighteen Months Imprisonment .
MR. CROOME conducted the Prosecution; and MR. MONTAGU WILLIAMS the Defence.
WALTER HARRIS . I am shop man to my sister, Dinah Davis, of 30, Well Street, Whitechapel—on 6th July, about twelve o'clock, a sailor was going to pay me 1l, and when I had got 8s. in my hand somebody knocked my hand; I think it was the prisoner, but am not sure—the 8s. was knocked on the ground, and I saw the prisoner pick up 4s.—the rest was scattered among the crowd—I knew the prisoner before—I gave him in custody about 4.30.
Cross-examined. I found him in the same neighbourhood—there were thirty or forty people in the crowd.
WILLIAM GARLING (Policeman H). I took the prisoner in Cable Street, on 6th July, about 3.30—that is half a mile from Tower Hill—I told him the charge; he said "I know nothing about it"—on the way to the station Harris came up, and the prisoner said "You don't mean to lock me up, Walter;" he said "I know nothing about it; it is not my money"—he said at the station "It was not meant for him, it was meant for the sailor; I had none of the money." NOT GUILTY .
MR. CROOME conducted the Prosecution; and MR. FRITH the Defence. WILLIAM JACK BONNER. I am a watchmaker, of 84, St. John Street Clerkenwell—on 18th June I locked up the premises about 10 o'clock, and afterwards went to bed—about 2.30 a.m. I was awoke, came down, and saw three men in the garden going from the premises—everything in the shop was upset and removed but nothing was taken away—the back shutters had been broken from the outside.
LOT WHITE (Policeman 17 GR.) On 19th June I was on duty with Dyke in Rawstorne Street about 4.30, and saw some one on the roof of an outbuilding in St John Street Road—I should not know the man's face again—I left Dyke there, went round into St. John Street, and saw the prisoner in Mr. Varney's yard, 50 yards from where I had seen the man—I jumped over seven or eight walls and followed him to an empty house, when I found him in the first-floor front room—he jumped out at the first-floor window, and I looked out and saw him and Inspector Oliver struggling.
Cross-examined. There is a communication between Mr. Varney's yard and the prosecutor's house—I did not hear of any row in Bedford Row that night, that is a mile and a half off.
ALFRED GILLHAM (Policeman P 33.) On 18th June about 3 a.m. I examined the prosecutor's house, and found a window broken, and a panel cut out of the shutters—I found footprints in the back yards of the adjoining houses, and a jemmy in one of the gardens, which I took to the house, and found it exactly corresponded with the shutters—I followed up the marks at the back, and they led to where the prisoner was first seen, where I found a rope hanging—a number of footmarks led to where the prisoner was apprehended.
Rawstorne Street, and saw the prisoner on an outhouse—I stopped then while White went to the front—the prisoner then came back, and I had a good opportunity of seeing him—he dropped down, and I saw him in custody 10 minutes afterwards.
Cross-examined. I was 20 or 30 yards from the outhouse, which is 20 feet high—the prisoner's back was to me at first—I do not know that the police were trying to find several men who were concerned in a row in Bedford Row.
ARTHUR OLIVER (Police Inspector G). On 18th June, about 4.30, I examined two empty houses in Rawstorne Street, and While I was looking into a third and getting on to the window-cill the prisoner came out of the firstfloor window on top of me—we both fell together, and struggled for five minutes—he said "If I have been in there you are not going to take me"—I held him and took him to the station.
He was further charged with a previous conviction at Clerkenwell in August, 1876, to which he PLEADED GUILTY.**— Eighteen Months' Imprisonment
MR. CROOME conducted the Prosecution.
July, about 11.15 p.m., I was walking home and saw three men and two women—one woman said "Now is the time," and three men set upon me—(he prisoner is one of them—they knocked me down, knocked my head on the ground, and one of them knelt on me and took my watch and chain—they then turned to my father, who was with me, and took his chain—I saw the prisoner about 4 a.m with ten others, and picked him out—I have not the slightest doubt of him.
WILLIAM THICK (Police Sergeant H). On 8th July, about a quarter to 1 a.m, I was in Flower-and-Dean Street, Shoreditch, and saw the prisoner there quarrelling with other men—he said "If I don't have my corner I will chevy you"—some remark was made about the other men, and he said "I held the man down while you took his watch and tried to pull his fawnee off his finger"—chevy means "stab," and fawnee means "ring"—I then went to the station and heard of the robbery—I went to 15, Fitzgerald Street, where the prisoner lives, and found him in the kitchen with several others—I told him I should take him into custody for being concerned, with two other men, in a robbery in the Hackney Road—he said **"I was with them who did it; I had nothing to do with it; little George and Hip did the job"—I took him to the station, and the prosecutor picked him out from ten others.
The Prisoner's Statement before the Magistrate. "About a quarter to 11 on Sunday morning I was standing at the corner of Brick Lane, and three men asked me to take a walk with them. I walked to Shoreditch Church with them, and when they told me what they were going to do I turned back and left them. An hour after they came running by, and they said, if I wanted anything out of what they had got, they would stick a knife into me. I was taken to the station. I have no witnesses to call" GUILTY **†— Eighteen Months' Imprisonment .
MR. CROOME conducted the Prosecution. The Prosecutor did not appear, having gone to sea. NOT GUILTY .
MR. CROOME conducted the Prosecution.
JAMES WILSON . I am a furniture dealer of 16, Sussex Street, Pimlico—on the night of 6th July one of my men locked up the premises and I went to bed about 10 o'clock—I was shortly afterwards awoke by the police and went down and found the cellar door open; I had not noticed it when I went to bed—I do not know the prisoners—the door which I found open opens into the house—it was not very securely bolted.
JOHN GREEN . I work for Mr. Wilson—I locked up the house on 6th July: the cellar door was never open while I was there as it was full of furniture; it opens into the area; there is no communication with the house, but there is a door into the area from the house; it was fastened with hooks outside, there were no bolts—I came back next morning at 8.30, and found the canvas com off the top of the cellar door, but it was not open; the kitchen door opens into the basement, I fastened it with two bolts, but there was no lock.
ALFRED FORD (Detective Officer B). On 6th July, about 9.30 p.m, I was in Winchester Street, which leads out of Sussex Street, and saw the two prisoners looking down the prosecutor's area; they went into the Monster public-house and then came back to the corner of Sussex Street—I passed into Camden Street, Murphy went away, and Neal was close by Mr. Wilson's area gate; I watched him—a constable spoke to me—I took Neal and handed him over to Hill; we walked over to the area gate, and when I got to the bottom of the area Murphy came out to the kitchen door and stood under the area steps—I asked him what he was doing there—he said he went down to ease himself—I gave him into Hill's custody—I found the door open and the hasp slightly bent—the cellar door is made of wood and canvas, which was broken down—it does not communicate with the house—I called up the prosecutor—I found on Murphy a candle and a box of silent matches—his clothes were not disarranged.
Cross-examined by Murphy. Q. I down the area; you put your foot to the bottom of the door and pressed it in, and then you looked about and found me—A. I entered the house through the kitchen door and came up to the street door and took you in—that was between 10.20 and 10.30—you were perfectly sober—your clothes were not disarranged.
JAMES HILL (Policeman B 96). I saw Neal in Winchester Street about 10.15, with a black tie round his chin—I spoke to Ford and received Murphy in charge, who I saw come out of the kitchen door of No. 16, Sussex Street.
GEORGE CLARKE . I am a porter, of 52, Sutherland Street, Pimlico—two or three nights before the robbery, I saw Murphy outside a public-house opposite Mr. Wilson's shop; he asked me what they kept in the shop besides furniture—I said "I don't know"—he asked if I knew what they kept in the upstairs rooms—I said "I don't know"—I did not see him again until he was in custody.
Cross-examined by Murphy. This was at 7 o'clock on the Tuesday evening.
BENJAMIN HART , I am cabdriver 2964—I drive a Hansom—on 6th July, between 8 and 8.30 p.m. I saw Murphy at the Monster public-house—he asked whether I would drink with him, and I did so; he called me inside and asked me if I could do a good job—I said "Yes"—Neal came up and Murphy said "If you like to be at the corner of Sussex Street or near the Albion public-house about 10 o'clock I can give you a good job"—I asked what job it was—he said "Never mind, it will be a quid or two in your pocket"—a quid is 1l.—I went to the corner, and Neal came up and said "Oh, you are here, old chap?"—I said "Yes, what job is it?"—he said "I will go and fetch Johnny"—he fetched Murphy—I drove to the public-house—they told me to stop there, and I did so; and then a quarter of an hour afterwards I saw them in custody.
Neal's Defence. I know nothing about it. I was on my way home when the policeman stopped me.
Murphy produced a written defence, stating that he only trespassed on premises for a certain purpose.
GUILTY of the attempt to commit a felony. — Six Months' Imprisonment each
MR. CROOME conducted the Prosecution; and MR. PURCELL the Defence.
CHARLES EDWIN DEAN . I am a plumber, of 11, Acton Street, Gray's Inn Road—on 23rd June I went to bed about 10.30, having locked up the house, and secured the kitchen door into the area—I was awoke about 12.30 by the police, who proceeded through the kitchen into the house, and brought out the prisoner—I found the kitchen door open, and an inner door forced, but nothing was disturbed.
JOSIAH LENMAN (Policeman 292 G). I was on duty in Acton Street about 12.25, and saw the prisoner loitering in front of Nos. 11, 12, and 13—I stepped back into another street, where I could see, and saw him walk down two or three times, and then put his hands on the railings of No. 11, and jump down into the area—he had his hat on—I saw no one else in the street—I looked down in two or three minutes, and saw the outer door open, and the prisoner forcing the inner door—he saw me, and laid down beside the door—he got up again, and called out "Charlie," and put his shoulder against the inner door and burst it in—I called the prosecutor up, and went down and found the prisoner in the kitchen, going into the area—I caught hold of him, and asked him what he was doing there—he said that somebody had thrown his hat over—his hat was then on his head.
Cross-examined. The area is the ordinary depth—his hat was on when he jumped over—on the way to the station he said that a man had thrown his hat down the area, and he had no intention of taking anything from the house.
Re-examined. I found on him 5 1/2 d., a room door key, three latch-keys, and. a small box key—I have since ascertained that they belong to Mr. David Haly—there is no stair in the area.
GUILTY . He was further charged with a previous conviction at Clerkenwell in June, 1867, in the name of John Williams, to which he PLEADED GUILTY. ** —Ten Years' Penal Servitude .
MR. CROOME conducted the Prosecution; and MR. FRITH the Defence.
GEORGE COOPER I am a butler—on the night of 22nd July I was in the Fountains Abbey public-house, and saw the prisoners there—I was foolish enough to smoke a cigar the wrong way, that is, putting the lighted end in my mouth—that did not make me unwell—I went outside, and saw the prisoners there, and four others—Napton passed a handkerchief over my face twice, and after he had done it a third time my senses were taken away, and I did not know where I was—when I came to I was in a coffee-shop alone—somebody came in and asked me if I had lost anything—I went outside, and saw the two prisoners close against St. Mary's Hospital, by the side of a dead wall—I ran after them with Harvey, and asked them for my watch and chain—they said they had not got them, and I gave them in custody.
Cross-examined. It was two or three minutes from the time my watch and chain were taken until the prisoners were given into custody—I am sure I was in the Fountain's Abbey—I was sick in the street, and the prisoners and six others gathered around me—I had only been drinking cyder—I do not remember about dancing in the bar—I have not said a word till to-day
about being insensible—I have no idea what was on the pocket-handkerchief—I was perfectly sober.
GEORGE WOODBURY . I am a coachman, of 13, Upper Mews, Paddington—I was in the Fountains Abbey about 10 o'clock on the 22nd July, and saw Cooper there and the prisoners and others—Cooper went outside, and the prisoners and several others with him—I went out and saw the prisoners take Cooper to a post—he vomited there, and then Napton put a handkerchief across his face—I only saw that done once—two of the others went up Praed Street—the prisoners went by St. Mary's Hospital, and a tall man with a moustache who is not here—I took Cooper to a coffee-shop—I informed a constable.
Cross-examined. When he was sick Napton drew a handkerchief across his face—other persons were round them—some of their backs were turned to me—I was about 15 yards off—the prisoners were taken between five and eight minutes afterwards—Cooper was not drunk, but he was excited—he had not been drinking in my presence—I had never seen him before—I saw him smoking a cigar in the public-house—I was drinking there about 20 minutes before he came in.
NOT GUILTY .
729. GEORGE LEECH (48) was indicted for wilful and corrupt perjury. After hearing the opening of MR. TICKELL, for the Prosecution, the COURT considered that there was no case to go to the Jury. NOT GUILTY .
OLD COURT—Monday, August 12th, 1878.
Before Mr. Common Serjeant.
MR. BESLEY, for the Prosecution, offered no evidence. NOT GUILTY .
731. WILLIAM MORRIS (22), ARTHUR POWELL (28), and EDWARD LOWTHER (19) , Burglariously breaking and entering the dwelling-house of Charles Tudge, and stealing silk, satin, and other articles and 30l. in money, his property, and a desk and two rings the property of Mary Holliday.
MR. CROOME conducted the Prosecution; and MR. PURCELL defended Morris
CHARLES TUDGE . I am a draper, of 133, High Street, Camden Town—on 31st May I went to bed about 1 o'clock, having seen the house securely, fastened—on 1st June I was awoke about 7 o'clock, went downstairs, and found the inner shop iron door leading to the house, broken open—some goods were pulled out behind the counter, and spread over with tallow candle—I missed a piece of silk, a piece of satin, several pairs of stockings, and several silk scarves, and from the drawing-room, two silver cups and an opera glass; a desk was broken open, eight doors were broken open from the inside, all the doors but one, which is the one leading to the back stairs—the policeman called my attention to the skylight—this satin (produced) is precisely the same as what I missed, in quality—I cannot tell the quantity because it was in cut lengths—these two scarves and these stockings are mine—Miss Holliday is in my employ, and lived in the house.
kitchen—on coming down in the morning I found my desk in the drawing-room broken open, and missed from it a gentleman's signet ring, a silver thimble, and other articles; I have not seen them since.
LUCY BUNYAN . I live with my mother, at 148, Copenhagen Street—I know the three prisoners—Morris kept company with me in May and June—on 1st June I visited Esther Lacy, Minnie Collins, and the three prisoners at 3, Cromer Street—Lacy and Lowther lived together, Powell was keeping company with Collins—I slept with, Esther Lacy, and saw the three prisoners come in between 5 and 6 a.m. on 1st June—they had a piece of satin, and several pairs of stockings and neckties, two silver cups and an opera-glass; Powell took the satin out to give to his mother, the other articles were taken out by the prisoners, and I did not see them again, these are them produced—I identify this satin—a jemmy was kept between the bed and the mattress on which I slept, but I did not know it then; that was in Lacy and Lowther's room, the room in which I saw the three prisoners—this Jemmy produced is very much like it.
Cross-examined by MR. PURCELL. I had been engaged to. be married to Morris, we were asked out twice, but I broke it off—Morris did not make a charge against me about a coffee house—Esther Lacy was also charged in this case, and Minnie Collins—they are here—the detectives came to see me—I did not tell them anything about this man.
Cross-examined by Powell. I did not bring these things in on the Saturday morning between 5 and 5.30—I was in bed with Esther Lacy when the burglary was done—I was not with you in the public-house—I did not go up Euston Road with you and ask you to stop there for the night—I did not say, "I am going. with Morris and another young man to do a bus"—I did not show you the jemmy under my shawl—I did not say that I was going to sleep in Cromer Street that night, to let you in next morning.
Cross-examined by Lowther. The quart silver jug was about this height, and the small one has two handles, but we could not very well recognise them because you bent them so shamefully about, you put them in a box, the biggest one had a handle—on 31st May I was moving from my mother's, and I slept at my lodgings all night.
Re-examined. I broke off the marriage with Morris because I found out what they were doing for their living, and I did not choose to stop with them any longer.
ELIZA SINGER . I live at 23, Cromer Street, in the same house where Lowther lived—Esther Lacy had a room in the same house for 'six or seven weeks, and Morris called on her twice and Powell once—I saw Lowther once inside and twice outside—I have not seen the prisoners together in the house—I have seen Lucy Bunyan there once; she asked me for a pitcher of water.
Cross-examined by MR. PURCELL. Miss Lacy had several young gentlemen visitors.
ALFRED GILLHAM (Police Sergeant P 33). On the morning of 18th June I found this jemmy in the back garden of 84, St. John Street Road, where a burglary was committed that morning—that garden abuts on 56, Rawstorne Street.
Cross-examined by MR. PURCELL. A person named Tassel was convicted of that burglary on Saturday. (See page 463.)
JOHN HENRY BURJES . I am clerk to Mr. Leonard Needes, pawnbroker, of 19, Barnsbury Road—on 1st June this piece of satin was pledged with me for 15s. by a customer who I know as Ann Everett—I do not know whether that is her real name.
THOMAS LUCAS (Detective Y). About 9th June I examined Mr. Tudge's premises, and found marks on several doors corresponding with this jemmy—I went to 26, Rawstorne Street, to a room occupied by Lowther and Esther Lacy, and found these stockings and these two scarves—Powell stated that he gave a ring to Morris's sister, and I got this ring from Mary Ann Morris—she was wearing it—I heard Powell say before the Magistrate that he gave m a piece of satin to his mother.
Cross-examined by Lowther. I am in error; I found the stockings not at your lodgings, but at Lucy Bunyan's—she lodges some distance from Esther Lacy.
Powell's Defence. Lucy Bunyan asked me to stop with her that night I said "Yes." She said, "I am going with Lowther and another young man to do a bus," and she asked me to stop and let her in, and when she came to 23, Cromer Street she brought the silk, satin, two cups, the stockings, and a ring, and gave them to me for stopping there all night I gave the satin to my mother as a present I received the silk, but I did not know it was stolen. I know nothing about the burglary.
Lowther's Defence. What Powell has stated is a lie. He said that he would try and get Bunyan in as an accomplice. I have two witnesses to prove that she was never at my place. When she left him to go and live with Morris she had a little box with silk ties in it—she asked me to let her leave them at my lodging, and I said "Yes." She had a row with Morris soon after, and came and took all her clean ties away and her under-linen. The silk tie found at my lodging was left there with her dirty clothes. I am innocent I was not with the prisoners on the night the burglary was committed.
GUILTY . They were all charged with previous convicitons, Morris in October, 1876, Powell in November, 1877, and Lowther in November, 1876, to which they PLEADED GUILTY. MORRIS** and LOWTHER**— Seven Years each in Penal Servitude . POWELL**— Eighteen Months' Imprisonment .
There were two other indictments against the prisoners for burglaries, in one of which they obtained 700l worth of watches, and in the other 30l in money, and in both cases the same jemmy had been used. The COURT ordered a reward of 3l. to the officer Lucas.
Before Mr. Justice Lindley.
never spoke to him—on 5th July, about 11.30 at night, I was coming home with my wife—I Saw Mr. and Mrs. Negus and Mr. and Mrs. Kent standing in the street—Mrs. Negus said "Here come the b—s; I would fight ere a red woman or a red man there is in the street"—I asked what she meant by it, and who she was insulting—Mrs. Kent then rushed upon me, and then Mr. Kent—they backed me into the road—I struggled with them three or four minutes—Kent struck me three or four times about the chest—I struck him back again—Mrs. Kent also struck me about the chest in the struggle—I felt a blow on my abdomen from Kent, and saw blood coming through my trousers—I said "You have stabbed me"—he made no reply—he ran into Negus's house—I ran to the station and got a policeman, and came back with him and gave the prisoner into custody in Negus's passage—he was wearing a white smock—there was no blood on it before the struggle—I was taken to the London Hospital, and my wound was attended to—the wound has healed, but I have still got a strain against the lungs.
Cross-examined by the Prisoner. I had nothing in my hand at the time.
AMELIA PLAYER . I am the prosecutor's wife—I was with him on this night—I saw Mr. and Mrs. Negus and the Kents standing together against Negus's house—Mrs. Negus said, at the very top of her voice, she would fight any b—man or woman in Langthorn Street—my husband asked what she meant by fighting—I took the baby from his arms—Mr. and Mrs. Kent shoved my husband into the road, and they ware scuffling for three or four minutes, and my husband turned round and said "I am stabbed"—I saw Mr. Kent putting his hand in his pocket, and Mr. White called out from his window "You are putting that knife in your pocket that you stabbed Player with"—my husband was then just leaving the door.
Cross-examined. I was not sitting on my window-cill jeering at Mr. Nagus—I never spoke from beginning to end—my husband did not strike your wife—he was not drunk.
GEORGE WHITE . I am a labourer, and live in the same house as the prosecutor—on 6th July, between 11 and 12, I was in bed—I heard a noise in the street under my window—I got out of bed, and as I was lifting my window I saw Mr. and Mrs. Negus and Mr. and Mrs. Kent standing at Negus's door, and Player and his wife coming down the street—Player said "What do you mean by insulting me and saying you will fight?"—I saw Kent and his wife seize hold of Player and back him into the road—they were struggling three or four minutes, and I heard Player say "You have stabbed me"—Kent then left Player and came across the road right under my window—I said to him "You have a knife in your hand"—I distinctly saw the blade of the knife in his left hand, by the light of the gas—he looked up at me, but made no reply—he went into Negus's house—I then saw Player come across with blood coming through his clothes—he went to the station and fetched two constables—I saw the prisoner given into custody—he had a white smock on, and I saw blood on it after he left Player.
Cross-examined. You had the knife in your left hand, and nut it in your left pocket—I saw the blood dripping from Player, and Mrs. Negus washed it off her step at 12 o'clock.
NICHOLAS PRICKETT (Policeman K 313). On 5th July about 11.30 Player came to the station at West Ham; he was covered with blood—he told me what had happened, and I went with him to Langthorn Street—he pointed out the prisoner and said "That is the man that did it, take him"—the prisoner
said "It is a b—y lie, I did not do it"—he was not drunk, but appeared to have been drinking—Player was excited, but sober—I saw fresh blood on the prisoner's smock, and asked him how he accounted for it—he said he did not know—his finger was cut, and I asked him how it was caused—he said he did not know—I searched him, but found no knife—I examined the prisoner's clothes, and found a cut in his waistcoat about half an inch long, such as might be made with a knife.
BEDFORD FENWICK . I am a B. M., and one of the house-surgeons at the London Hospital—Player was brought there; he was in a very weak, exhausted state from loss of blood—he had a deep cut on the upper part of the front of the belly, running upwards towards the heart, and backwards towards the cavity of the abdomen; it was such a wound as might be caused by an ordinary clasp knife—it was in a very dangerous position, and at the time he was admitted it was dangerous to life—for three days he was very bad, he has been going on favourably since.
Witnesses for the Defence.
SARAH NEGUS . On 5th July about 11.30 I and my husband were sitting on the window-cill at 62, Langthorn Street—Mr. and Mrs. Player came by: she had the baby in her arms, and said she was no putrefied bastard—Mrs. Kent happened to cough, and Player said to her, "My wife means you"—he then came and struck Kent, and Mrs. Player struck Mrs. Kent; Kent hit Player back, taking his wife's part, and that was all I saw—the two men and two women were struggling about 30 yards from my window.
Cross-examined, I did not want to fight—I don't know how Player was stabbed—there was a struggle between him and the prisoner—I saw the blood after he came from the station—I did not notice any blood on the prisoner's smock till I saw it at IIford—I heard Player halloa out that he was stabbed, and I heard White halloa out that he saw the knife.
HARRIET STELLA . I was standing outside Negus's house, and saw Mr. and Mrs. Player come by—he had the baby on his shoulder, and she was singing—they were jeering about something—he then came up and struck Mrs. Kent, and then Mr. Kent struck him, and they struggled together and went about 20 or 30 yards away across the road, and I saw no more.
GUILTY .— Seven Years' Penal Servitude .
Nine Months' Imprisonment .
MESSRS. BESLEY and GRAIN conducted the Prosecution; and MR. LILLY the Defence.
WILLIAM FENNELL . I live at 29, Waddington Road, Stratford, and am a member of the United Society of Boiler Makers, and treasurer for Lodge No. 4—the prisoner is a member of No. 1 Lodge—members out of work receive 1s. 8d. a day, but must not exceed 7l. in one year—each member has a book of rules similar to this—this card book is issued to every member out of employment, and shows what he receives—the prisoner had one—my duty is merely to pay the money—the secretary keeps the books and gives
the prisoner this cheque, which he brings to me, and I pay on that authority—I paid the money to Benjamin Baker—this is the secretary's signature on the cheque.
Cross-examined. I mean that I know the secretary's signature of my own lodge.
WILLIAM RAINBOW . I live at Ruth Street, Stratford, and am secretary of No. 4 Lodge—on 13th June the prisoner came to me and gave me his card—I said "Well, Ben, have you come to see me again?"—he said "Yes"—I gave him his book back.
Cross-examined. The card the prisoner produced was in the name of Benjamin Baker, No. 12, 336, and made out in the usual way for members travelling—I said "Your name is Barrett"—he said "No, Barrett is very much like me"—I paid him, believing what he said—I had known him as Barrett—I next saw him at the investigation at the Lodge—I there stated that Barrett had come to me in the name of Baker, and I had paid him, but not being satisfied, I came to investigate the case—the prisoner said he knew nothing at all about it, and that I was mistaken.
Cross-examined by MR. LILLY. Many members come with similar cards—I had ten in one dinner hour last week, but usually about a dozen a week come—the prisoner has paid me nine visits from October, 1874.
THOMAS GABB . I live at Bridge Road, Stratford, and am a member of No. 4 Lodge—I know the prisoner, and have worked with him as Benjamin Barrett—he is a member, and was president of the Chiswick lodge—I remember his being at Rainbow's house on 13th June—Rainbow was writing out a cheque for four days' leave, 6s. 8d., and the prisoner was sitting on a chair in front of him—I said, "How do you do, Ben, I am pleased to see you, but sorry to see you out of work," and shook hands with him—as president of a lodge, the prisoner would have possession of the cards and stamps.
Cross-examined. There are two seals, the secretary keeps one, and the president another—I have been president, but never secretary—I worked with the prisoner three or four months at Chiswick—I was discharged there with Barrett, but taken on again—we were good friends—I saw Barrett last, just before Christmas, 1877—I was at Rainbow's between 8 and 9—Rainbow's wife and children and a young man were present—I saw the cheque dated 13th June, and I saw the prisoner receive the paper—I did not hear the conversation—it was on a Thursday—I was present at the investigation—the prisoner discovered it there—a Mr. Bennett said before the committee that the prisoner was in his presence on 13th June, but he could not say for how long.
WILLIAM GRIGSON . I live at Poplar, and am secretary of No. 1 lodge—I know the prisoner as a member—I gave this card book to him on 4th March, 1878, and he returned it to me on 13th April—it was issued on 28th November, 1877—it shows that he received two days' pay, 3s. 4d.—the book was returned, because he had drawn the full amount of his card of November, 1877, and he would not be entitled to another card till November, 1878—the president of a lodge would have access to these books.
AARON WATKINSON . I am secretary of No. 11 Lodge, and represent the whole district of London—when this matter was inquired into I was instructed to go to the head office at Liverpool—I brought back this book
of the registered numbers of members, which also appears on the travelling card—every member's name is sent to the head office at Liverpool—the prisoner's number in this card-book is 12, 322, it should be 12, 323, that is a clerical error—there is no number against the name of Baker—the number on this ticket, 12, 336, is not the prisoner's registered number—I have known the prisoner for about 20 years as Benjamin Barrett.
WILLIAM DARTNELL . I am a member of this society—1 know the prisoner as Benjamin Barrett—I saw him the second week in June at the Two Brewers, High Street, Stratford, 10 minutes' walk from Rainbow's, on a Thursday evening In Whitsun Week, between 8 and 9 o'clock.
Cross-examined. He was drinking in company—I am not positive whether he was with more than one—I did not go in, the door was open—I looked at him for a minute.
Witnesses for the Defence.
JAMES FULLER I live at 40, Guildford Street, Poplar, and am a groom and coachman—on 13th June I saw the prisoner at the princess Mary, Kirby Street, Poplar, about 8 p.m.—Mr. Cornwall, the landlord, Mr. Barker, and Mrs. Bo wen were there—I stayed till 10.30—the prisoner was present the whole time except a few minutes when he went to the back—I don't know Ruth Street—the Landlord said "My watch has stopped"—I said "Show it to me"—I started it with a pin.
Cross-examined. This was Whitsun week—I saw the prisoner there a week before—I knew he was charged a week after, he was locked up—I was subpoenaed—Jemmy, a boiler maker, told me of it—he said "I shall want you as a witness"—that was to say I was in his company on 13th June—I Said I would not—I asked Dr. Sharp, my master, and he said that I had no occasion—I had known the prisoner about two months—I was subpoenaed, and Dr. Sharp said "You have no occasion to appear now"—I did not like to loose my situation—Dr. Sharp did not say he would dismiss me—when I showed him the subpoena Dr. Sharp said "Yes, go, and get back as soon as you can."
JAMES BAKER . I am a carpenter and joiner, of South Hill Street, Poplar—I was present at the Princess Mary on the Thursday in Whitsun week from 7.15 p.m.—I saw the prisoner a few minutes after I was there—I had known him two or three months—I stayed there in his company till 11 o'clock, and left him there—he was not absent more than four or five minutes during that time—I do not know Ruth Street—I saw Fuller, Hopwood, and Bowen there, and the landlord was serving—I do not know the Two Brewers.
Cross-examined. I have seen the prisoner at the Princess Mary about 20 times before, but not at all that week—I knew he was charged. a fortnight afterwards—I did not see him after that I recollect—I will not swear I did not—I did not hear about the investigation, nor about his being called before his lodge—his wife told me and others that he was locked up, and asked me to go as a witness—I said "I cannot lose my time"—I did not know what the charge was, only it had something to do with the society, and it happened while he was there—I was subpoenaed—I saw Fuller a week afterwards—we only passed the time of day—we sometimes have a walk together.
Re-examined. Fuller said that he was subpoenaed—I recollect Fuller starting the landlord's watch on the 13th—that fixes it on my memory—I do no not know whether any other Jem was present.
RICHARD BOWEN . I am a fitter and live at Kirby Street, Poplar—on Thursday, 13th June, it being Whitsun week, I was at the Princess Mary from about 7.20 p.m.—the prisoner and Barker and Fuller came in a little afterwards—I left about 9.30 or 9.40—the prisoner was in front of the bar and only left for five or ten minutes—I left first—I do not know Ruth Street, Stratford New Town—I had known the prisoner about three weeks as using the house.
Cross-examined. I know Fuller and Barker only by going to this public-house—we met on the day we went to Stratford—I did not say "I and the other witnesses have agreed it was 13th of June"—this is my signature to my deposition.(This contained the above words.)
Re-examined. I am sure it was Thursday, 13th June, because my sister came from Soho on the Monday, and did not leave till the Thursday—it was agreed when the solicitor took down our evidence—we only saw him on the Tuesday at the Court.
GEORGE CORNWALL . I am landlord of the Princess Mary in Kirby Street—the prisoner came in on Thursday in Whitsun week, about 7 p.m., and was the last to leave the house, about 12 p.m.—Mr. Fuller started my watch that evening—Barker, Bowen, and Hopwood, and several others were there—I know Ruth Street, Stratford New Town, it would take about 40 minutes to walk there from my house—I always ride.
Cross-examined. A tram runs nearly the whole way—I have said I was very busy in Whitsun week—that was so, and I cannot say how long the prisoner might have been absent that evening.
Re-examined. I do not think I lost sight of him for half an hour.
WILLIAM HOPWOOD . I live in Kirby Street, Poplar, and am a journeyman shipwright—on Thursday, 13th June, being Whitsun week, I was in the Princess Mary beerhouse from 7.30 till 10.30—the prisoner was there during that time—I only lost sight of him for about ten minutes or a quarter of an hour—I recollect the landlord's watch stopped that night, and Mr. Fuller said "I will put that to rights, give it to me," and he set it going—Parker, Bowen, and several others who I don't know were present—Barrett is not an intimate acquaintance of mine, but I have seen him going backwards and forwards for six or seven years—I did not know his employment.
Cross-examined. I did not know the prisoner was out of work—I have seen him often at this public-house—if I said I knew he was out of work it is correct—Fuller asked me to be a witness—Fuller, Parker, and others talked about the matter, and Fuller said he was charged with felony, and I knew I was present on 13th June—Fuller is my neighbour; we often meet—he told me about the matter at 74, Kirby Street, about a week after—he did not say who told him, nor anything about the investigation—he was in custody when this conversation occurred—Fuller said Ben had got into trouble—I said "Ben who!" and those present told me Ben Barrett—I said "Yes"—they said "You were there that night"—I said "What night?"—they said "Thursday"—I said "Yes, on Thursday in Whitsun week I certainly was there"—Fuller said "Did you see me put the landlord's watch to rights?"—I said "I did"—this was perhaps a fortnight after the affair—Fuller told me his master would not let him appear unless subpœnaed—that was before we were summoned.
Re-examined. We met at the Princess Mary, and talked about the matter, and I remembered Barrett being there on Thursday in Whitsun week, but I did not know then it was the 13th—Fuller lives near me.
By MR. GRAIN. I and the other witnesses have seen Barrett many times since he has been out on bail, but have not talked about the evidence together. GUILTY — Eighteen Months' Imprisonment .
Before Mr. Common Serjeant.
JOHN ATTRIDGE . I am packing clerk in the employ of the Licensed Victuallers' Tea Company, 9, Curtain Road—on 6th July I packed a chest of 120 quarter-pound packets of tea, 40 packets in chocolate-coloured paper and 80 in orange—it was addressed to Mr. Coe, of Swaffham—these two packets are some of those we sent.
Cross-examined by MR. CROOME. We send thousands like these.
Cross-examined by MR. PURCELL. There were five boxes.
JOHN OLDHAM . I am a porter at Swaffham station—on Monday, 8th July, on the arrival of the London goods train, I checked the goods out of truck 5950—I found this invoice of a chest of tea for Mr. Coe.—the chest was missing.
Cross-examined by MR. PURCELL. It should have contained 30lb.
HENRY MILBOURNE . I am foreman to Messrs. Hill, tobacconists, of Shoreditch—on Saturday, 6th July, I packed into a chest 60lb of superfine shag tobacco—I put this card on it, addressed "H. Oates, Downham," and saw it put in the van—I was shown some similar. tobacco before the Magistrate at Ilford.
HENRY REEVE . I am a carman of the Great Eastern Railway Company—on Saturday, 6th July, I collected from Mr. Hill, of Shoreditch, a chest of tobacco addressed to H. Oates, Downham—I delivered it at the Brook Lane station.
GEORGE MONK . I am checker at the Brook Lane station—on Saturday, 6th July, I received a chest of tobacco addressed H. Oates, Downham—I sent it to the loading place—this sheet contains an entry of the chest.
ALFRED DARLING . I am a loader at the Brook Lane goods station—on Saturday, 6th July, I loaded the Downham truck—I recollect loading a chest from Mr. Hill, of Shoreditch—I also loaded into that truck four Cheddar cheeses and a hamper.
JAMES SELF . I am in the employ of Messrs. Shepherd and Co., cheesemongers. Borough—on Saturday, 6th July, I delivered to a Great Eastern Railway Company's carman, four Cheddar and four double Gloucester cheeses and a basket of Stilton cheese addressed to H. Oates, of Downham—this ticket was pinned on: "Containing 13 1/2."
Cross-examined by MR. CROOME. I wrote the ticket—I saw it on.
July, I received from the carman of Mr. Knight's van, eight cheeses and a basket, addressed to Mr. Oates, of Downham—I checked them, and sent them forward to the landing place—this is the sheet for checking them.
WILLIAM SMITH (Constable G E R 74). I live at 2, Richmond Terrace, New Town, Stratford—on Sunday, 7th July, I was on duty at Temple Mill siding, Leyton, from 7.50 p.m.: I noticed the Enfield truck No. 2616—I saw some biscuits lying by the side of it—I called Inspector Otter—the tarpaulin was undone—I got in the truck—I found a hamper with the lid undone—it was labelled to Paterson, Esq., 6, Percival Villas, Sidney Road, Enfield, on a label of the Civil Service Supply Association—I remained on duty till 12.30—1 examined another truck with Sergeant Baker, who had come on duty, No. 6255, to Downham—Otter was in the truck, and I got up as well—the tarpaulin was thrown back when I got there—I saw an empty box, and a label, to Mr. Oates, of Downham, was distributed about the truck—I found four large cheeses and three small ones in the truck, also some tobacco dust—about 1.30 on Monday morning I searched the shunter's box, which had been used by Goodwin—each shunter has a separate locker, but one being broken, two men occupied one locker—Gooding had a separate locker—I found in Gooding's locker 16¼Ib. packets of tea—these are two of them—the prisoners were absent—at 3 a.m. I searched the truck—Elliston had been there on Sunday till 4.30—I had received the trucks when they came into the yard, on the Saturday—I left at 6 a.m. on Sunday—the trucks were all safe then—on searching the hut I found these remains of the old tea box—I found 32Ib. of Derby cheese behind the hut, covered with tarpaulin, and large lumps of Welsh coal—the cheese was similar to some of the cheese found in the Downham truck—I pulled the hut to the ground, and found underneath the floor a sack containing some tobacco, some more tea like this, and some biscuits like those found beside the Enfield truck—beside the sack I found a parcel of sugar and a Stilton cheese in a basket, and this ticket, with "13 1/2;" on it, and the letter K or R.
Cross-examined by MR. PURCELL. Neal was with me and Otter—no one was on duty in that yard on Sunday but the two prisoners—I went away at 6 a.m.—Rutter would come on at 7—the shunter's box contains about twelve or fourteen lockers—I also said I obtained a key from Browne, one of the shunters; that key fitted the lock—I said two shunters had keys that would open most of them—Lawrence, a shunter, Browne, Baker, and I, examined the Downham truck, not the Swaffham truck—the Enfield truck was examined at 7.50 on Sunday, and the Downham truck just as it was going out, near 1 o'clock—we stopped the train—when the shunter's box was searched, Otter, Lawrence, Browne, Baker, and I, were present—Browne was present when the shunter's box was examined—Lawrence and Browne were the night shunters, who had keys—on Sunday Gooding had three yards to look to—no inspector was there; the shunter is acting inspector—there are twelve lines of rails
Cross-examined by MR. CROOME. The siding extends half a mile or more, and a great many trucks stand there—I examined the three trucks and a great many others—I said the Swaffham truck was not examined—it was not my duty to stop till the other man came on duty on Sunday morning—a large brickfield adjoins the siding, and a crossing is near the siding—Elliston has to watch a culvert—he is a platelayer on that length which he has to walk over; it is about two miles.
Re-examined. Gooding would have charge of the siding between 7 and 8, when no constable was there.
JOHN NORTON BAKER (Policeman G E R 21). I live in Gawthorn Street, North Bow—on Sunday morning, 7th July, I was at Temple Mill siding—I arrived on duty about 8—the Enfield, Swaffham, and Downham trueks were there, and appeared all right between 11 and 12—Gooding and an under shunter named Murphy were then on duty, and Elliston should have been watching the culvert nearly opposite the trucks; but he was with Gooding 175 paces away from where he ought to have been—I went off duty then and came on again about 8 p.m.—in consequence of what I then heard I went with Smith and Otter to the Enfield truck at 11.40 p.m.—Smith untied the sheet and showed me a hamper and some biscuits on the ground—the hamper appeared to have been pilfered—at 1 a.m. on Monday I examined the Downham truck—I found a case with only tobacco-dust left in it, and a paper parcel directed to Mr. Bennett, of Downham—I subsequently inspected the men's lockers, and in one, which was pointed out to me as Gooding's, and unlocked in my presence, and several others, I found 16 qtr. lb. packets of tea like these two—on Monday, 8th July, I went with Inspector Russell and other officers to Gooding's house—Russell told Gooding he would be charged with being concerned in robbing the trucks—Gooding said he knew nothing about it—afterwards, while washing his face in the back kitchen, Gooding said "If any one has put anything in my locker, I know nothing about it"—I had not said anything to him about the locker nor heard it mentioned—I said "Well, since you have mentioned it, I will tell you what I have found in your locker, and that is 16 qtr. lb. packets of tea"—he said "I know nothing about it."
Cross-examined by MR. PURCELL. When I came on duty Gooding, Lawrence, Rutter, and Murphy were not in the yard—they ought to have been in the signal-box—they were with the prisoner when I saw them—I saw them drinking together—Neal was not there then—Neal was in charge that day—they asked me to drink, and I said I had had some milk, and did not want to mix it—I saw the key produced by Browne—he opened the locker at my suggestion—we searched Gooding's house, and found nothing—I have been in the company's service twelve years—Gooding had been there the greater part of the time.
JOSIAH RUSSELL (Inspector E. C. R.) On Monday, 8th July, about 2 a.m., in consequence of information I received, I went to Gooding's house with Baker—I saw Gooding, and said, "Gooding, some trucks at Temple Mill siding have been robbed on the previous day, and some of the property has been found," and that I was going to take him into custody for being concerned with others in stealing it—he made no answer then—I commenced to search the front room—Baker then came in—Gooding asked Baker to allow him to go and wash—they went into the washhouse—I heard Gooding say in the washhouse, "If there is anything found in my locker, somebody else has put it there; I have not"—I had not heard any one say anything about the locker—I gave Gooding to another constable, who took him to West Ham station—I sent another constable for Elliston, who was also brought to the West Ham station—I there said to him, "Elliston, I am going to take you in custody for being concerned with others in stealing a quantity of property from trucks at Temple Mill siding"—he made no answer—I had previously said, "I am going to search your house; have you any property belonging to the company there?"—he said, "I know nothing at all about it"—the charge was read over to the prisoners by the acting
inspector—neither made any reply—I afterward went to the hut, and to where the Enfield truck had stood—it was not possible to interfere with the truck without being seen from the hut—that would apply also to the shunter's box—the watchman's hut was where Elliston was stationed, and the shunter's box was where Gooding was stationed—the truck stood between the two—Elliston's duty on this Sunday was to remain at the hut, and if any injury occurred to a train in passing over the culvert, he would have to go out with a blue flag the next morning—his duties would be confined to that spot on that Sunday—Gooding ought to have remained in the yard to marshal the trains and take care of the trucks—it was as much his duty as mine to see that the trucks were not interfered with.
Cross-examined by MR. PURCELL. I called to Gooding to come down at his house, or I should fetch him—I did not say so to the Magistrate because I was not asked—I did not say to Gooding, "Some tea has been found in your locker"—I did not search Gooding's pockets; I felt outside.
Cross-examined by MR. CROOME. I have been in the company's service 14 years, and Elliston 15 years—the shunter's box was about 10 yards from Elliston's box.
ALBERT BURCHELL (Policeman 557 K). I was stationed at West Ham—I accompanied Inspector Russell to Gooding's House—Russel said to Gooding, "I want to speak to you, there have been several robberies committed on the line by Temple Mills, were not you on duty there yesterday?" Gooding said, "Yes"—Russell said, "We have found some property, and I shall take you in custody for being concerned with others in stealing it"—Gooding made no answer—afterwards Baker came—Gooding was allowed to put on his boots—he then asked to be allowed to wash, and he was allowed—he then said, "If there is anything found in my locker, someone else has put it there, for I know nothing about it"—nothing had been said about a locker to him—Russell then asked him for his locker key—he searched his pockets, and then said he had not got it—we searched the house, but found nothing connected with the robbery—another constable took him to the station.
Cross-examined by MR. PURCELL. Gooding made the remark about the locker before we searched upstairs—I cannot say whether Russell searched his pockets—the key was not found on him.
BENJAMIN THOMPSON . I live at 2, Albert Cottages. Chandos Road, and am Yard Inspector in the service of the Great Eastern Railway Company—on Saturday, 6th July, I went on duty at Temple Mill siding, at 6 p.m., and remained till 7 the next morning—I remember the Downham, Swaffham, and Enfield trucks arriving—the Downham came by the 11.5 from Brook Lane, and the Enfield by the 12.5—I don't know which the Swaffham came by—Dodd and Adams were the shunters who came off duty with me on Sunday morning—I saw Gooding come on duty at 7 a.m. as a shunter—I believe the trucks were in proper order when I went off. Cross-examined by MR. PURCELL. I did not notice Rutter.
JOHN RUTTER . I am a signalman employed by the Great Eastern Railway, at the Temple Mill siding—I reside at West Ham—I was on duty from 7 a.m. on Sunday, 7th July, till 6 p.m.—my signal-box is about 70 yards from the shunter's box—the watchman's hut is farther—I saw the prisoners—I went to the inspector's box—that is where the shunter's box stood—nobody was there at 11 o'clock—Gooding was on the seat 23 feet
from the hut on the right, with Elliston, Murphy, and Neal—we had some beer, and I went back to the signal-box, and remained there the rest of the day.
Cross-examined by MR. PURCELL. I said, before the Magistrate, "I can see the shunter's box from my box"—the shunter's box and inspector's box are part of the same—there is a partition.
Re-examined. I could not see who went in on the shunter's side of the box from where I worked.
HENRY JAMES MURPHY . I live at 13, Hampstead Road, Stratford, and am an under shunter employed by the Great Eastern Railway—on Sunday, 7th July, I went on duty, about 7.10 a.m., and remained till 1.30 p.m.—Goodwin came after I did—I fetched some beer about 11 o'clock, and I, Goodwin, and Elliston drank some a short distance from the shunter's box—I went to dinner at 1.30, leaving Gooding, Elliston, and Neal there—I returned at 3 o'clock, but not to that yard—I believe Elliston came and spoke to me and Gooding twice.
Cross-examined by MR. PURCELL. I said "several times" before the Magistrate, also "We often met and conversed together."
Cross-examined by MR. CROOME. The drinking took place about 40 yards from the shunter's box, but I could not judge the distance.
JOHN RICHARD NEAL (Great Eastern Railway Constable 75). On Sunday, July 7, I went on duty at Temple Mills siding for the first time, at about 9.30 a.m.—I saw the prisoners shortly afterwards sitting down on some boards with another man—Gooding came to me about 11 a.m.—I was in a break van sitting down after having looked at the numbers of the trucks—he said "Officer, we have some beer, will you have a drop?" and I went and had some—I stayed on duty till 7.50 p.m.—I went to dinner at 12.55, and remained three quarters of an hour—I came back and looked at the trucks, and then went to the break again, and remained about an hour and a half doing nothing—I came out and looked at the trucks again—I did not go into the brickfield.
Cross-examined by MR. PURCELL. I looked at all the trucks—I did not examine them minutely.
JOSEPH LAWRENCE . I am head shunter employed by the Great Eastern Railway Company—I succeeded Gooding in charge of the shunter's box at Temple Mill siding on Sunday 7th July at 5.50 p.m.—I did not see Gooding—he should have remained till I relieved him—I remained till 7 o'clock the next morning—while I was there no one put anything in the locker—Dodd relieved me.
Cross-examined by MR. PURCELL. I saw Neal handling the string of the Enfield truck, but could not say what he was doing—I have said he seemed to be tying up the string—I have come on former occasions, and found Gooding gone, and have met him on the way.
Re-examined. Browne was with me when I went on duty—Goodwin and Elliston were succeeded by me and Browne.
ARTHUR BROWNE . I live at West Ham Lane, Stratford, and am an under shunter employed by the Great Eastern Railway—on Sunday, 7th July, I went on duty at 7 p.m. at the Temple Mill siding—I was under Lawrence—I was present when the lockers wore searched—my key opened some of
them—it opened Gooding's—I saw some tea found in Gooding's locker—I saw the huts searched, and the cheese found.
Cross-examined by MR. PURCELL. I went first to the shunter's box at 8.30—the tea was found at 1.30—one key very nearly fits all the lockers.
Re-examined. Lawrence, a shunter, and Phillips, a watchman, were on duty the same time as I was.
DAVID PHILLIPS . I am in the employ of the Great Eastern Railway Company as plate layer—I relieved Elliston as watchman on Sunday, 7th July, at 4.15 p.m.—Elliston was on the main line—Gooding was inside the hut—he went away soon afterwards—Elliston stayed a little while and then went away—I saw no property underneath the hut—I did not put any there nor interfere with the cheeses—I stayed till about 6.30 next morning, and then went off—I did not see any one tamper with the trucks or do so myself.
Cross-examined by MR. PURCELL. Gooding went towards Stratford.
Cross-examined by MR. CROOME. We take night and Sunday duty in turns—I have been there six Sundays—I walk over two miles of line—it takes some time.
Re-examined. I walk the line the first thing in the morning—it takes between one and two hours.
THOMAS DANZIE . I am yard inspector in the service of the Great Eastern Railway Company at Stratford—on Sunday, 7th July, I went on duty at 6 p.m. at Temple Mill siding—I went towards the shunter's box—I saw Goodwin in the pointsman's box against the crossing—he walked a little way, and then turned and walked in an opposite direction—about 9.30 I found some tea like this in the siding some distance from the shunter's box.
Cross-examined by MR. PURCELL. Gooding went towards Stratford—that would be in the direction of the White Hart
WILLIAM OTTER . I live at 3, Gurney Road, Leytonstone—I am yard inspector at Temple Mill siding—I was on duty on Sunday evening, 7th July, from 7.45—Smith made a communication to me—I was present when the lockers were searched and the tea was found in the shunter's box.
HENRY LEAR . I am deputy inspector of permanent way in the service of the Great Eastern Railway Company at Stratford—Elliston is a watchman, and walked half a length when he first went on duty and then he would take his station at the culvert and watch the rest of the time.
Cross-examined by MR. CROOME. I have known Elliston six or seven years—he bears a good character.
Re-examined. I cannot say if he walked the line at once—I was not there.
WILLIAM WALKER . I am a Great Eastern Railway watchman—on Sunday morning, 7th July, I was on duty in the brickfields adjoining the siding—three men came there to spread some sand and dry it ready for Monday morning—I saw no one else there that day—those three men belong to the stools where they make bricks.
Cross-examined by MR. CROOME. One thousand people used the crossing on a Sunday—I saw no one come from the brickfield on to the siding.
DAVID PHILLIPS (Re-examined by MR. CROOME). I was not on duty in the watchman's box except on Sundays, neither was Elliston—I believe a man named James was watchman there during the week—I never saw him—I cannot say that James has not been seen since he went off duty on the Sunday morning.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. LYON and MR. H. AVORY conducted the Prosecution; and MR. BESLET
and MR. YELVERTON the Defence.
THOMAS LANCASTER . I live on my means, at 4, Maria Terrace, Stratford—early in January, 1878, I purchased a plot of land at Wellington Road, Forest Gate—I employed the prisoner to negotiate the purchase for me and paid him 3l. for his trouble—about the middle of January I had a verbal arrangement with him to do the building for 600l., and I said "If you can do it for 600l. you shall have the job to do; how much shall you want a week?"—he said 50s.—I said "I will give you 50s.; you are to buy the building materials for me in the cheapest market, and if you can build the houses for anything like 600l. I will sell them and give you half the profits; you are to buy everything, but nothing in your own name; I will pay ready money for everything"—he entered on the ground and began operations immediately—he was to engage the men, and I was to pay them every Saturday, but I told him I was not allowed to—I visited the work sometimes three or four times a day, and sometimes I did not go for a week or a fortnight—he used to come to my house on Saturday morning for money for the payments if I did not take it to the works—he never gave me any account—he would never let me know what he had spent—I said on several occasions "Let me know what you want and what you are doing with it," and that I was not going to part with hundreds of pounds in that loose way without looking for an account of it—I paid him every week the money he required, which included the 2l. 10s. for his wages—about the middle of March I got this account-book (produced) and took it to him and wanted him to enter the men's wages, but he said that that was such a bothering affair of Proctor's—I next saw the book on 27th April, when he gave it to me filled up as it is now—the last date is 20th April—it is made up from 29th Jan., and 2l. 10s. is put down every week against Nicholson—every bricklayer and carpenter's name is down—April 20 is the last date I gave him money—I gave him a 20l. cheque on that day at my house on his word, without seeing the book—I knew that he was working on Mr. Proctor's property, adjoining mine, at the same time—I believe I was on the premises on 26th April, and saw a quantity of timber and flooring boards both inside and outside the premises—the prisoner had bought that timber for me of Messrs. Carter, these (produced) are the invoices—I had paid all these accounts but this one, which I have paid since—they are made out in my name—the last time I saw that timber on the premises was Saturday, 27th April, and also some slates, which were stacked against the wall at the back of the premises; they had been purchased of Mr. Alfred Braby—this is the invoice with my cheque attached (For 37s. 18s. 7d.)—I paid that on 4th June—the prisoner was not at work on 27th April; I was there a little after 5 a.m., and waited till about 6.20—I saw him about 7.30 over the railway bridge, and asked him what sort of a game he was up to—he said that he should put the shutters up at 11 o'clock—I told him he was not master yet—I saw him
again about 4 p.m., but not at work—I had employed him to work—he was in the bar of the Tower Hamlets Arms—I had been to my premises and could see by looking through, that the materials were there, but the doors were barricaded up to keep any one from going in, there were no shutters—he said "My men are waiting over the other side, and want paying"—I said "There have been no men at work for me there," and there would not be above three or four men at work that week, it being Easter week—he handed me the book and said "Here is your book;" he was beastly drunk—I did not give him any money that day, and he never did any more work, but I saw him on the premises—I employed another man—on the Thursday, which was the next time I visited the premises, Nicholson's labourers were carrying bricks and mortar off my premises to Proctor's; I had sold Proctor the bricks—there was not a foot of timber left and not a slate, except four or five broken ones—the scaffolding was all gone; Nicholson had provided that as arranged between us—the 2l. 10s. a week was for the use of the scaffolding and his wages—I then went to see my solicitor and charged the prisoner with stealing the timber—I did not charge him then with stealing the slates—he had authority to use the bricks at Proctor's but not timber, because I could measure the bricks—I gave Proctor authority to use the bricks, not the prisoner—I decidedly did not give the prisoner authority to use on Proctor's premises the timber I had bought
Cross-examined by MR. BESLEY. I did not swear before the Magistrate "I was drunk also as the others were"—Mr. Yelverton said to me "Perhaps you were drunk as the others were," and I said "Perhaps I was"—I will not say whether I was drunk or not—I was landlord of the Tower Hamlets up to 27th December, 1877—I was there ten years and eight months—Mr. Proctor succeeded me—he bought the house of me—I have known Nicholson six or seven years—I know he has had practical experience as a builder—we had no written agreement—I did not say before I started "Fred, I have 5,000l. to speculate with, and I will do the building if you will buy the ground cheap"—I called him Fred, so does everybody else—I said "I will have them built as cheap as I can"—I may have said "We will build them as cheap as we can," but I have no recollection of it—two plots of land were bought of Mr. Paul for 87l. 10s.; Nicholson bought them for me and was paid for his trouble, and there was a society in my name—nine other plots were bought of Mr. or Mrs. Cook—I sent Nicholson inside while I was out of the house and he bought them in my name—I gave him 3l. in Mr. Reynolds's office for his trouble—I have got no receipt for it—I think I gave him half a sovereign for his trouble in respect of the Powell plots—on the nine plots I bought of Mr. Cook I am erecting two cottages and a shop for 600l.—I was to divide the profits with him after he got it done for 600l.; I said if he got them done for 600l. I would sell and give him half the profits—he got his 50s. a week besides—on my oath the 50s. a week was mentioned before we started—I know a man named Tayler—he was not employed by me to make up the accounts between me and Nicholson—the 2l. 10s. a week was not suggested by Taylor as a fair charge for the use of the scaffolding and plant—there was not to my knowledge a piece of ground in the Woodford Road bought of a person named Haws for 70l.—I do not know the name—know nothing of a piece of ground in Woodford Road bought of Haws for 70l. and sold to Bartlett for 83l. 5s.—I did not agree that 5s. should be knocked off for expenses,
and that 6l. 10s. should be for me and 6l. 10s. for Nicholson—one Sunday morning Nicholson came into my house and said "Just put down on a piece of paper what money I have had of you," and I began to put it down on a half-sheet of note paper—while I was doing so, he said "There is 6l. 10s. half profit"—that was the first I ever heard of half profit; but he asked me to put it down, and I did so under his dictation; but I knew nothing of Haws' transactions, and I never received 6l. 10s. from anybody—I went into the cellar to get him a glass of ale, and he took the paper away—I know nothing of Bartlett's transaction for 83l. 5s., or that with Haws' transaction for 73l. there was 13l. profit to be divided between us—this paper produced is my writing decidedly—I did not hesitate to say so before the Magistrate; but part of it is not my writing—my attention was called before the Magistrate to this, "Half profits, 6l. 10s.," in my writing—I did not say a word before the Magistrate about the story of the Sunday morning which I have just volunteered, or about the prisoner's taking the papers surreptitiously—I did not tell the Magistrate I did not know what "Half-profits, 6l. 10s." meant—I did not expect to see my own writing; it was stolen out of my house—this is all money lent on I O U' s—I will not pledge my oath that I had I O U's for every 1l. put down—some of these items are identical with what I call payments of wages, it is what he had of me to pay the men with—this is all put down as money lent—I made it out simply from NicholSon's dictation, and was not aware that it was going out of my house—I do not know whether the sums on this paper are identical with sums in my ledger advanced for wages—it is not the same in my ledger as it is on this paper—here is 5l. down in February, and on the paper it is 11l.—I do not find 6l. more, making 11l.—I find 1l. on the 22nd in the ledger—there is in my ledger a sum of 11l. on 16th February; but it is on the 9th on this paper—the next to that on the paper is 1l. on the 22nd, and in the ledger I have 1l. on the 22nd—on the 23rd I find 17l. in the ledger and on the paper—those sums added together make 55l.—I have not given I O U's for that—that was in April—I lent him a 50l. cheque at Peckham and 5l. afterwards, and he gave me an I O U for 55l., which I hold a mortgage deed for—no doubt the 15l. in the ledger on 15th March is the same as 15l. on the paper on the 10th March; but I wrote it at his dictation—this account written at his dictation, was not compared by Taylor in my presence—I did not make all these entries in the book at one time—here is "January balance, due to me on settlement up to this date, 6l. 18s. 1d."—I have not got a receipt for that—that is the money I lent him to pay Isbrook, who he was building for, who went away without giving him the money, and I have never received it back—Taylor said to me one day "Nicholson has got a paper in your writing"—I do not believe Taylor ever saw my ledger—I know he is here—there is no entry in the ledger "Half profits, 6l. 10s"—I have not torn it out from this very book: I could not—this represents all the money I have let him have on the buildings—the 55l. was a portion on 122l., which was money lent him on a mortgage deed—it has nothing to do with this—some property was sold, so that Randall should make out a list to a man named Kitson, and afterwards he sold it to some one—I took possession of the deeds, and handed them all over to Mr. Harling, of Fetter Lane except the mortgage deed to Blackdon for 50l., and Mr. Harling gave me the letter of acknowledgment—I did not say one word to Mr. Harling or Mr. Capper about the mortgage deed—I told him that I wanted very nearly all
the money—I directed Randall and Son to write this letter to Mr. Harling. (Dated 29th April)—he used his own discretion as to what he wrote—I told him to write "There is a mortgage for 50l., which Mr. Randall paid off"—I paid Blackstone 55l., and then I stood in the position of Blackstone—when disclosed the mortgage I demanded 110l.—I lent him 30l. one day to pay Pavitt for the stock on his place—that 30l. is not there at all—I make up the 110l. up in this way; he bought a lot of furniture, and he came hack the same day and asked me to let him have 25l. to pay Pavitt, which I did—that is how I say I am entitled to 110l.—it is made up of 55l., for which I hare an IOU, and 30l. and 25l. to pay Pavitt—that leaves the other untouched—I have sold a portion of those three plots to Mr. Proctor, and received a deposit from him of 10l., but I do not know on what day—I did get 50l. from him—Nicholson did not point out to me that it would be disadvantageous to part with the piece I was going to sell—he pressed me to sell it to Proctor, or else I should not have done so—he said Proctor was going to build a stable—I then sent Proctor back a cheque for the 10l.—I did not say to Proctor that my partner had pointed out that I had done wrong in undertaking to sell that piece of ground—I did not say to Proctor in Smith's presence "I have done wrong," as I did not know what my partner would say—Smith is a man I never was in company with, but he used to go in front of the bar—I sold Proctor 15 feet of land—he never had more nor less than I sold him first—there was an arrangement to build half of a wall 7 feet high—that was not at the same time as the sale—when I sent his 10l. back he came to my house and I was lying on a couch—I sent it back because he wanted me to build a 9 Inch wall 7 feet high, and I would not—I agreed to build half of it, and said he should have the bricks at what they cost—I had nothing to do with the labour—I knew nothing about a coach house and stable going to be built, but it is built—I did not promise Proctor to build a coach house and stable at the cost out of my own pocket—I did not speak to Nicholson to get his consent to that arrangement—I do not find the bricks charged in this book—here are 3,000 old bricks charged at 22s.—the bricks charged in this account were not Fruend's bricks, nor were they used in building this very wall and stable for Proctor—I took criminal proceedings against Nicholson on the Monday after 1st May—he came to me one Sunday night when I was going to bed, and I would not see him—he could hear me tell the servant to say so—that was the Sunday before he took the things away, and on the Monday I went to Mr. Handall, a solicitor, and we took the summons out on the 6th May—I attended on the first occasion of the summons being returnable—it was dismissed—it was put down to be called on at 12 o'clock, and it was called on at 11, and we therefore had a fresh summons granted, free of cost—the slates were not charged before the Magistrate—I do not think we had missed them—I have seen a gentleman here who supplied the slates—I called to pay for them because they were put on my houses—they said they did not know Lancaster—I then said, "Nicholson is building for me," and they referred to the ledger, and found that Mr. Nicholson's name was entered, but they did not even know him—that was on the 4th June—it was headed 26th April—the invoices were sent to my foreman—I never had it till the day of the receipt—the slates had no business to be supplied in Nicholson's name—I had never seen the invoice—they were put on the houses before the invoice was sent in, and that is how
they knew how many slates were used—the houses were roofed in on 26th April, bar the back kitchens, and there were slates on the ground—I went to pay my debts after Nicholson was committed lor trial, and found that he was charged by Mr. Brady with the whole sum 37l. 18s. 7d.—I do not charge Nicholson with having unroofed my houses—I went on 4th June, and paid the account entered in Brady's ledger to Nicholson, and then I charged Nicholson with stealing the slates—I know nothing about this account of battens, gutters, and other articles, or whether Mr. Fruend supplied those goods to Nicholson—if they were used on Proctor's job, that has nothing to do with me—I have not got these things on my property—no such materials have been used—this is for ironmongery—no nails had been used, as none of the flooring in my houses was done at this date—those nails were used on Proctor's job—he was doing the job for Proctor—I have not said in the presence of witnesses, George Baylis being one, "I and Nicholson are doing the work at Proctor's at cost price"—here is a bill of 22l. 1s. 3d. on this file, not one item of which has been on my premises—it is for ironmongery—here are two or three more of them—I did not say in Baylis's presence, or to him, that Nicholson was going to build the place as cheap as he could, and that he and I were going to divide the profits, nor did I say in his presence that I had 5,000l. to speculate with in building, and was going to make a man of Nicholson, or words to that effect—Baylis was not employed to do the plumbing of the houses—he fitted some gas up, and charged 1l. 12s. 6d., and here is the receipt—I did not complain of his charges—he did not lay on the water that I am aware of—I know of no other plumber than Baylis being employed—about the time of the sale of the land to Proctor for 50l. I did not say to Edward Barritt "I shall get into a row with my partner Nicholson, and I do not know what I shall say to him for letting him have the land so cheap"—I know Thomas McGovaran, landlord. of the Pigeons, Stratford—I cannot say what I may have said in a public-house bar—it may have been that McGovaran put the question point blank to me "Who is going to build?" and that I said "Fred Nicholson," but I don't think that he asked me, because he well knew—I did not say to McGovaran "I and Nicholson are going to sell the house when they are up, and then divide the profits between us;" I should say "I shall sell them"—I said "I shall give him half the profits if he does it for 600l."—I did not say to McGovaran that I had given Nicholson instructions to do the work at Mr. Proctor's—I have been served with this writ (produced) to wind up a partnership which was never in existence; to have the accounts taken, and there never were any accounts to take.
Re-examined. It was issued on July 16th, and put into my hand the same day in the Romford Road—these were one-story houses—the scaffolding was only a few poles, as much as a horse could draw—there is no truth in the suggestion that I agreed to pay him 2l. 10s. a week for the use of the scaffolding, but the 2l. 10s. included it—there is no truth in the suggestion that 1 tore a leaf out of my ledger which contained an entry about the half profits—the clerk at the police-court initialled all the accounts in the ledger—there is no truth in the suggestion that I went and paid Braby's bill for slates on June 4th for the purpose of charging Nicholson with felony—I paid the bill because I owed the money—the slates had been used on my houses, and it is in respect of those which were stacked on my premises that I am bringing this charge—I did not know they were gone till I got the bill of quantities—I purchased the bricks of T. S. Stroud—these (produce) are
the receipts—I paid him 200l. for bricks, and Nicholson ordered, them—whatever bills Nicholson may have paid it was arranged between us that he should produce to me the invoices, and I would pay for the materials myself, and I generally had them sent to me by post—1 thought the goods were to be purchased in my name.
HENRY SHEARING . I am a slater in the employ of Archibald Braby, of Lambeth—I worked on Mr. Lancaster's houses at Wellington Road, Forest Gate—in April last I saw Nicholson there; he gave orders to the men and worked on the job himself; when he saw Lancaster coming he told me to wire in—on Friday, 26th April, I had finished three houses and one back addition, and Walsh and I tallied and re-stacked the slater which were left; there were 1, 486 slates 18in. by 9in. and 56 13in. by 10in.; those were a portion of the slates supplied by Mr. Braby.
Cross-examined. I have had a great deal of experience in covering houses—I do not know the value of the carcasses of three such houses—I saw Lancaster there as well as Nicholson—I have seen them at the Tower Hamlets public house in Mr. Proctor's presence—I do not know Baylis (Baylis was here brought into Court)—I never saw him till I came here—he was not at Work on the premises when I was there.
THOMAS WALSH . I am a labourer—on 26th April I was assisting Mr. Shearing as he was short of labour—I counted the slates, and agree with him as to the numbers; they were all stacked at the back of the premises—I went to the premises after I was subpoenaed, and did not see any slates.
THOMAS STACEY . I am a carman, of Tower Hamlets Road—I have been employed by Nicholson—I saw him on 1st May, between 2 and 3 a.m.; I was in bed; he asked me if I would mind coming to work; he had his horse and cart there—I dressed myself, and we went to the unfinished houses in Wellington Road, where I loaded the carts with slates, and afterwards with scaffolding, and as the day wore on with pipes—I left off about 9 o'clock—I took the things to Spring Cottage, where Nicholson lives—I have never worked for him so early before—I went back to work about 1 o'clock, and moved some pipes, chimney-pots, timber, and small poles to the same place—I took some from the back of the houses and some from a little farther up the road—Nicholson told me what to take.
Cross-examined, I have known him for years—I was employed by him about two months before this on these buildings—some of the goods were moved from adjoining ground to the plot where the cottages were—the buildings had not started then, but they had excavated the foundations—the scaffolding was not up—Mr. Nicholson's house is a quarter of a mile off—all that I moved were moved to the same place; they are there still—I did not work between breakfast and dinner; 1 went home on family affairs—I have seen Mr. Lincaster on the ground with Mr. Nicholson from time to time—I have had orders from both of them—part of the buildings are open and exposed to depredation—Nicholson said to me and the others, "You will have a day or two's holiday at Easter, and you may as well come and make your time up"—I live in that neighbourhood—Nicholson and Lancaster are known perfectly well there—I had not the least notion I was doing anything wrong I believe the place on the adjoining land belongs to Mr. Freund, the ironmonger.
Re-examined. I do not know that any one else removed things to Spring Cottages—I may have removed some scaffold poles from there to Mr. Proctor's afterwards.
REUBEN STORY . I am a valet and travelling servant—my father lives at Forest Gate, but I do not live with him—on the night of 30th of April I was in London and left for Forest Gate by the 12.18 train—I got to Forest Gate at 12.30 on 1st May—my father's house is 17, Wellington Road, opposite the cottages which are being built—when I arrived there I saw a cart backed into the cottages, ana I called my father's attention to it; I saw nothing but the horse in the front part of the cart, but I heard men loading things into the cart
GEORGE KING . I am a grocer in Wellington Road, West Ham, about 200 yards from Mr. Lancaster's premises—on 1st May about 7 a.m. I saw a cart being loaded from the building with different building materials, and I saw planks pushed up into it—I saw them go round the comer of Waterloo Road which takes the route for Tower Hamlets—I saw nobody with the cart—about nine o'clock my cart was standing in the Tower Hamlets Road, and I passed Nicholson on the off side—he said "Good morning, Mr. King," and I said "Good morning;" he was watching or superintending the loading of timber of all lengths.
THOMAS AUVACHL I am in the employ of the East-London Water Works, and live at 88, Wellington Road—on 1st May, about 10 minutes to 7 a.m., I passed Mr. Lancaster's cottages—they had a cart there loaded with joists and drain pipes—the prisoner was standing by the horse's head looking on, and Stacey was loading as I came back at 8 or 8.10—I saw the same cart backed into the prisoner's premises at Forest Lane; it was loaded.
WILLIAM CLARKE . I am a carpenter, of 83, Wellington Road—I have worked for Nicholson at Proctor's and at Mr. Lancaster's—I finished the stable at Mr. Proctor's—I used timber there by Nicholson's orders—I can't tell you where it came from, but on the alterations of the parlour some of the timber came from Mr. Lancaster's premises—I helped to take it there by Nicholson's orders—I can't tell you the date.
Cross-examined. I should think it was at the beginning of May I fetched it from Wellington Road, it was lying on the ground which was to be built on, which I believe was Mr. Freund's ground—it was not timber that Mr. Freund had supplied because it came from Mr. Carter's two months before—I took four deals from there, worth about 40s.—I have not heard Lancaster say it would be better for Mr. Nicholson to make the bill out in his own name.
Re-examined. I loaded a van belonging to Mr. Freund on the Tuesday after Easter week—that was off the ground—I carted it to Mr. Proctor's—I never carted any from Nicholson's to Mr. Proctor's, but I helped to unload some at Mr. Proctor's about 3rd May—I helped to load Mr. Lancaster's timber on to Mr. Freund's van, and it went to Mr. Proctor's on the Friday—Nicholson superintended the work at Mr. Proctor's—I know of no arrangement between him and Lancaster.
Mr. Proctor's name being on the back of the bill the Court considered that he ought to be called.
THOMAS PROCTOR (Not examined in chief) (Cross-examined). I keep the Tower Hamlets Arms, Forest Gate, I succeeded Mr. Lancaster there—I was present on a great many occasions when Mr. Lancaster spoke of having 5,000l. to expend in building speculations—the earliest time was as soon as 1 bought the house of him—I went in on 27th December, 1877—every transaction of theirs was carried on in my place, they did nothing that I did
not hear of—I have heard discussions between them about the building speculation—I have heard Lancaster say that they were going to build one shop and two houses as cheap as they could, and as quick as they could, and sell them and divide the profit, and on the plot of ground that was bought as well Mr. Nicholson was to have his share; what the houses would fetch was to be divided between them—I have heard them say that 5 per cent was to be deducted for interest for money advanced, and the surplus was to be divided between them—this was not only in reference to the two cottages and the shop, but to several other plots—I have heard Lancaster speaking of Nicholson as his partner a great many times—I first spoke to Lancaster about buying a piece of ground on which to put up my stable and coach-house, and paid him 10l. deposit—the bargain was that I was to have the piece of ground, and that Nicholson and Lancaster were to build the house in another street, not in the street which they are built in now, so as not to shut my buildings in—on the first occasion Nicholson was not present—nothing was said about his partner on that occasion, but they disagreed, and the 10l. was sent back to me, and the plan was changed—when I saw him afterwards he said that he had sent back the 10l. because he should not build the houses there—he wanted to turn them round—I said, "Will you build me a wall?"—he said, "Yes, 9 inches thick and 7 feet high," and I paid him another 10l. to build the wall—I was to get some ground about 47 feet long by 15 feet frontage, and between that and the cottage property there was to be a wall built—I was to have everything at cost price which was required to build—both Lancaster and Nicholson consented to that—everything was brought from their place and built upon mine—when I purchased the ground Lancaster said "I have sold you this ground, but I do not know what my partner will say about it, as it will quite alter the plan of our arrangement for our building"—it was after that that the arrangement was come to that the building of the stable was to go on—Lancaster superintended it as much as Nicholson, but he was not there so much as Nicholson—I saw Lancaster there from time to time—Nicholson superintended it as a builder—about 2l worth of wood was used—I was to have what I pleased done—I made up the account at Lancaster and Nicholson's request—Lancaster asked me to pay Nicholson, and I have the receipts in my pocket—Lancaster was there every Sunday and week-day superintending—I do not think he missed a day unless he was ill—I went into the country for three days' shooting, and asked Lancaster if he would look after my place, and see that things went on all right, and he did so—I was indebted to Lancaster and Nicholson jointly for the work carried on, the value of which was about 300l.—I paid 110l., and on 22nd July he sent me in another bill for 75l.—there was no arrangement by which I was liable to the two jointly—I was not to have a penny put upon me, not even 5 per cent interest—since Nicholson has been in custody, I did not know who to pay, and I did not intend to pay until I knew the rights of it—Nicholson was introduced to me by Lancaster as one of the best customers he had, and I could let him have everything he required, and I think he has a higher character than that now—Mr. Lancaster called me as his witness at the police-court—the stables are finished; Nicholson finished my parlour after the quarrel—he had. pulled it about, and I would not have it left—Lancaster bought a pair of gates for me, and I paid him 1l. 2s. 6d. for them—be used my gates on his own building, and then provided
others—I heard him swear this morning that he knew nothing about it.
By MR. LYON. These receipts (produced) are Nicholson's for money paid to him—I have paid him nothing else, except 1l. 2s. 6d. for the gates—I was indebted to Lancaster and Nicholson—it did not matter to me whose receipt I got—on 9th April I borrowed 50l. of Mr. Lancaster to pay Mr. Nicholson—Lancaster asked me to do so that he might get 5 per cent.—I wish the Jury to believe; that I am telling the truth—Lancaster told me from time to time if I wanted 1,000l. I could have it—when Lancaster asked me to borrow money of him to pay Nicholson he was in my bar parlour—it was just before the bill was paid—I purchased the house of him—he has bills of mine running of 6000l. each at three months, which are paid as they become due—he has never had to press me for payment or to threaten me with proceedings, I have paid it to a day—I have paid too much for my bargain, but I did not complain—I have not the slightest ill-will against Lancaster—I thought he was going to act like a gentleman, though I feel I have over-bought the house—I have no animosity—I have threatened to bring an action against him for defamation of character—I cannot have him going about calling me a thief—I have not threatened anything, but I said that I must stop his mouth—I have not said that I would give the old scoundrel a sweating, or that I would stop his month with my fist—very likely I said that he was an artful old b—, that was not at a time when I felt lamb-like towards him—he said that I was receiving stolen property, that is the defamation of character which I am complaining of, but I have no ill-will against him.
MR. BESLEY submitted that as to the First Count there was not sufficient evidence of the relationship of master and servant; that as to the Second Count there was no averment of the property belonging to two owners, and the Indictment could not be amended by changing the charge from one crime to another; and that, as to the Third County it was not possible for person to receive property vested in two partners and stolen by one of them MR. LYON relied upon the Indictment as it stood, and would not ask the Court to amend it, as that would be admitting a partnership, which the Prosecution denied.
Witnesses for the Defence. WILLIAM JOHN TAYLOR I live at 80, Bective Road, Forest Gate, and make out bills for tradesmen—I am friends both with Nicholson and Lancaster—this book (Nicholson's ledger) is my writing—I made out these accounts from it; I think there is more in the ledger—this is a copy of the transactions between them on the building account; I made it up, I cannot say when; it purports to run from January 29th, 1878—it is headed "Mr. Proctor's account;" both the original books are in my writing—this is the whole of the transaction connected with the building transactions—I cannot explain why I put "Mr. Proctor's account" at the head—they began his stable before they began the other buildings—I suppose the account commenced with the transactions between Proctor and Nicholson, and what was left would go to the costs of the other houses—the stable was commenced first—the account includes the other houses as well as Proctor's stable—the total indebtedness in this book from Lancaster to Nicholson is 277l. 4s. 11d., but that is not all in my writing and this is not my calculation; my writing goes down to this 241l. 9S, and then you will see a difference in the writing—I do not know whose the lower part is—I left off at the words "Chimney bars"—this book contains the expenditure on the houses in the shape of
materials—I made this copy weeks after the book was made up—I suppose it was about 9th March—I made this first entry in the ledger on 29th January—I see in several places the words "Nicholson, 2l. 10s.," written between the lines, that was after the account was opened; that was done because the prisoner had omitted charging anything for his cords, ropes, and boards—he asked how much should be charged—I reckoned how much a pole was worth, and how much a rope was worth, and put this 2l. 10s. in myself; that was done by both our directions; he brought the receipts forward and I entered them into the book—it is interlined first and afterwards it comes regularly—I made the suggestion to him about charging 50s. a week two or three weeks after the book was started, it was on 29th January by the book—it would not be in March, because on 16th February I put it down in regular course, but on 13th February it is interlined—Lancaster and Nicholson were always together, they were very good friends—I saw them on the buildings together—before Lancaster let his public-house he used to say that he should have a lot of money and they would build together, and the arrangement was that they were to purchase ground and to build, and when done the buildings were to be sold and the profits equally divided—I never saw any money divided—I compared Mr. Lancaster's banking account with the ledger; he asked me to do so—I remember seeing this ledger in Lancaster's possession one Sunday morning three or four months ago—I know it was cold weather—Nicholson and Lancaster were there making up their accounts, and when they had made them up Lancaster said to me, "I want you to go through my banking account"—I went through it, and found an error of a figure or two—I added the total up of what he had withdrawn from the bank—I have heard Lancaster's statement that these entries were made at different times—I compared this white paper with the items on this page with the ledger, and they corresponded—I ticked off each item—I am positive that the words "Half profits 6l. 10s." were in the ledger—there is no difference between the white paper and the ledger except the words at the bottom—I am positive of that—I notice this bent page has nothing in it about half profits; that is not the account that I checked it from, but this is the book to the best of my knowledge—when they got to the "brick accounts" they said, "This is how we stand," and they went through the items with me—I cannot say whether anything was said when we got to "Half profits 6l. 10s.," but I believe something was said as each item was gone through—I know Mr. Bartlett bought and sold the ground—I see my figures in the book—you will see I have altered one figure here, and I have not the slightest doubt this is the book that I made up, and in which I saw the words "Half profits 6l. 10s."—one morning Lancaster was ill in bed; I went up to see him, and he said that he had got a summons out against Nicholson—I said, "Are you aware they have got a paper with ' 6l. 10s. half profits' on the ground?"—he said, "They won't see that," and that that would not appear in his ledger—I suppose he was referring to the ledger I had previously seen—I think the pages on which I saw that were lower down than than this page which is torn away.
Cross-examined. I made up this small book as near as I can guess about April 20th—I cannot say for certain whether it was made up first before April 27th—Nicholson asked me to make it up, and I did it as a favour to him—I said at the police-court "I have only done the account book according to the defendant's orders"—he asked me to make a copy of the ledger, but
he did not hand me this book—I made the entries about January or February—the whole of these entries down to "Miller 1—7 1/2;" must have been made at different times—I went to Nicholson's to make up the book once a week or once a fortnight—I pledge my oath that the entries were made at different times—he gave me the materials from which to make them—Mr. Lancaster knew I was making a book up, but he did not know anything about the 50s. till I told him what I was charging—I said at the police-court" I received the instructions to make up the book as regards the charges, from the defendant"—Mr. Lancaster did not know anything about it till he had the book—I said "Fred, Mr. Lancaster is charged 2l. 10s. a week for scaffolding," and he said "I do not think much of that"—I have seen Nicholson since his committal for trial—I told him months before about the scaffolding—Lancaster knew nothing about the charge except the 50s.—I wish to add that to what I stated at the police-court—Mr. Yelverton crossexamined me there—it was not my business to remember everything there—my deposition was read over to me, and I signed it; but there are lots of other things I remember now—I did not notice that I had omitted saying anything about the 50s—I tore the pages out of this book, it was an old book of Mr. Pavitt's—I do not say that the page was torn out of Mr. Lancaster's book, but what I saw in it I do not see now—it was Sunday morning—I cannot tell whether it was the 30th February—I hare seen that book on more than one occasion that I have been at Lancaster's house—I cannot say whether I made this alteration on February 25th, the date which it bears, it was in in cold weather—it was on the date whenever it was that I compared this slip of white paper—I compared the accounts up to the 16th March, but all I know is that it was on a Sunday morning—I was not asked a single word about the half profits—I was sworn to tell the whole truth—if I were to tell you all that passed, it would take 12 months—I said I always supposed the claimant and defendant were to share the profits—I never saw this white paper till Saturday—I was not asked by Mr. Yelverton whether there was not an agreement to share the profits—I did not say that there were, because I could not remember everything—no question was put to me as to the page being torn out of the ledger, and I did not say a word about it—I will swear that that paper was not put to me in the police-court, IIford—I know the solicitor instructing you—I will swear this paper was not shown me at the police-court—I was not asked questions about it
Re-examined. I was called upon to give evidence in Nicholson's favour at the police-court—Mr. Fullager did not come to me to be a witness; they subpoenaed me—I believed he was a solicitor—he never spoke to me—I told Lancaster that 2l. 10s. was charged for the hire of the plant—Mr. Fullager examined me; but he never asked me anything about the 2l. 10s—when Lancaster called me in on the Sunday night I was sick—that was a day or two after the summons was issued—he afterwards called me as his witness—he did not say why it would not appear—I asked him not to subpoena me, as I did not want to have anything to do with it, and he said "I want to subpoena you for the books"—I compared the white paper with the January entry in Nicholson's presence and Lancaster's—this in the ledger is an entry of each item as it is on the white paper—when I made up the books Nicholson product the tickets for the lime and the timber—these receipts of Fruend's were also supplied to me, and I made correct copies of them—I did not have anything to do with carrying them into the ledger, because the slates were not paid for.
JOHN MITSON LEAPER . I am in the employment of Mr. Braby, of Bangor Wharf—I wrote this letter of 9th April, and sent it to Mr. Nicholson. (Stating that he ordered a truck-load of slates to be sent to Stratford station on Thursday morning.) I also wrote this letter of 10th April: "Dear Sir,—I enclose order to the station-master for truck-load of slates as arranged"—on 17th April I wrote this letter. (Stating that the slates had been delayed in consequence of the illness of his wife)—this invoice was sent from my firm to Nicholson about 26th April, and on 4th June Mr. Lancaster called—he gave his name—I said "I do not know the name"—he said "Perhaps you know the name of Nicholson?"—I said "We have a customer of that name on the books"—he intimated his wish to pay the amount for the slates—I referred to the ledger and found that Nicholson was charged, who was our customer—we knew nothing of Mr. Lancaster till that day—a copy of the account was made out, and I drew out this cheque for Lancaster, which he signed, and a day or two afterwards I got the receipt altered to his own name, but I was not present—he got one of the clerks to alter it when I was not there—I gave a proper receipt, which has been suppressed—the other one was destroyed at the time, so our ledger-clerk told me—Lancaster called some days afterwards and claimed the return of 25s. 6d. on the carriage and cartage of the slates, in answer to a note sent him by one of our clerks—there was no doubt about it in our minds, because he had already paid the account, and on 15th June we signed this note and sent it to the prosecutor with the 25s. 6d.: "Please receive herewith 25s. 6d. carriage and cartage of slates. Yours truly, Alfred Braby"—the carriage was paid to Stratford station; but there was some extra carriage and also the cartage—we sold no slates to Lancaster; we did not know him.
Cross-examined. We received the order from Nicholson through our traveller—we never saw Nicholson, a traveller gave us the name—that was the only transaction—there was only one consignment of slates—the order was for slating—we send our men to do the work, and sent the slates.
Re-examined. Nicholson had to cart them to the ground, but that was included in the price—all the work was done before 26th April, when we completed it—it was taken at so much per square.
JOHN PARKER SMITH . I am a dairyman and market gardener, of Forest Gate, near the Tower Hamlets public-house—I have kown Lancaster seven or eight years, and Nicholson about four years—I was at Nicholson's house on a Sunday in January when Lancaster called—he and Nicholson both came in together—Lancaster said "Well, I have sold a plot of ground to Proctor for him to have a stable and coach-house built on—what do you think of it?"—Nicholson said "Well, as you have done so it will alter all our arrangements, and we shall not be able to build the five cottages as we were going to"—they were there together most of the afternoon, during which time Lancaster said "Well, Fred, if you are not satisfied I will send the deposit back; I have given no receipt for the 10l."—Nicholson's boy afterwards drove Lancaster home in the pony trap—one evening I was at Nicholson's house with my wife and my sister-in-law and a cousin, when Nicholson said to Lancaster "I have bought a plot of ground"—I cannot remember the name of the person who he said he bought it of, but he said "I have sold it again for 13l. 15s. clear, free of conveyance"—that was the profit—he said "Fred, that will do; there is 6l. 10s. for each of us; that will be 6l. 10s. for you, and the odd 5s. you can have for your expenses"—I was in Procter's
parlour on the night Mr. Lancaster sold him the ground, and then and on several other occasions Lancaster spoke about doing the work, and proposed doing it at cost price—I was present on 16th March at Lancaster's house when Nicholson asked him how the account stood—Lancaster had a book on the table, something like this one—it was open—I saw him try to reckon it up, because Nicholson said it was reckoned up some few shillings wrong—he said "Never mind, I am too tired to go into it to-night; you come round to-morrow, and I will write the account out"—Mr. Taylor was to go and see some new clocks which Lancaster had bought, and he would then write the account out—the work to be done at Proctor's was the stable—he volunteered to get the bricks at cost price, and to do it as cheap as he could.
JOSEPH BAYLIS . I am a plumber and gasfitter of Forest Grate—I was employed to do part of the gas-fitting at these houses, by Mr. Nicholson—I should think it was about the end of January—Lancaster knew that I was employed—he saw me on the job, and superintended the work, and Nicholson also—Lancaster pointed out the different things, and helped me screw up some iron piping, and Nicholson showed me what he wanted done—Lancaster helped in Proctor's work—when Lancaster let the public-house, I asked him who should do the work, and he said, in Nicholson's presence, "You can"—I asked him who I was to make out my bill to, and look to for the money, and he said that it did not matter which, either him or Nicholson, and I made out the bill to Nicholson—that was for the work at Proctor's, and at the cottages—I looked for payment to both of them—I asked Lancaster whether he had let it by tender, or whether it was going to be done by day work—he said, "Me and Fred are going to build them as cheap as we can, and divide the profits"—he said that he had 5,000l. behind Fred, and he would make a man of him if he behaved himself.
Cross-examined. I made out the account to Nicholson at first, and finding he did not pay me, I went to Lancaster, and got paid by him—I am called "Joe Baylis"—this 5l. here, to Joe Baylis, means me—the full value of the work I did at the cottages, and at Proctor's, was 24l. or 25l.
THOMAS MCGOVARAN . I lately kept the Pigeons at Stratford—I have seen Lancaster there very often, and have had conversations with him about building speculations—Nicholson called me on one side, and said, "I have bought some land;" I said, "Are you going to build?" he said, "Yes;" I said, "Who is going to build for you?" he said, "Me and Fred are going to build together," meaning Nicholson; "we are going to start around Proctor's house first, and going to build two houses and a shop, which Fred says will cost 600l."—I said, "What are you going to do then?" he said, "We are going on together, and when they are built, the expenses will be deducted, and the surplus divided between us both"—I said, "You are going to divide the profits with Fred?" he said, "Oh yes, if he goes on right with me I shall make a man of him; I have plenty of money, and will build all round the Tower Hamlets Arms"—I think that was since Christmas; it was since he sold, because I scarcely knew Lancaster before that—that happened continually, I heard the tale till I was tired of listening to it—I know that they fell out about the mortgage money; Lancaster came to me and said, "I have settled Fred, he cannot draw his 280l., for I have stopped it"—that related to selling a house to Casson—I cannot say whether that was before or after Nicholson was at the Police-court at IIford—I have not known either of them long—after the committal for trial, Lancaster asked me to get the address for him
where the slates came from; I asked Nicholson, he gave it to me, and I gave it to Lancaster, who went next day to pay it.
EDWARD BARRITT . I am a cloth-cutter, of 9, Bay Terrace, Forest Gate—I know Lancaster and Nicholson—on the night Mr. Proctor bought the plot of ground for his stable Lancaster said "A 7 feet wall is to be built, and there is 10l. deposit; I do not know what my partner will say, as it will alter our arrangements"—I know that after that the 10l. was returned—Purcell's stable was to be built by Nicholson, and anything he wanted he was to have at cost price, and if he wanted a man he was to take him off the job—I used to see them both on the ground—Lancaster said that if the people at Forest Gate could not get bricks they could always get them by sending with money in their hands—when I asked Lancaster if he had started the cottages he said "No, we are going to do Mr. Proctor's first."
Cross-examined. This conversation took place in Mr. Proctor's bar, and in his presence, at the end of February—the cottages were not commenced then, the other work was done first.
JOSEPH COOK . These two accounts (produced) emanate from my firm—the goods are debited to Mr. Nicholson, who ordered them—they were supplied to various places—sometimes Nicholson came to the place and took them away with him, and sometimes we sent goods to Mr. Lancaster's ground, and sometimes to Mr. Proctor's ground—the accounts were paid by Nicholson.
Cross-examined. The amounts are 22l. 1s. 3 1/2d. and 5l. 10s. 9d.—I know some chimney-pots went to Mr. Lancaster's, but cannot say whether our men took them or Mr. Nicholson.
Re-examined. We did not supply the bricks, only ironmongery and timber—it was nothing to us where they went, we only looked to Mr. Nicholson.
EDWARD KENNEDY . I was solicitor to Mr. Nicholson for some time before the charge of felony—instead of being a day carpenter, I have known him connected with building for four or five years—he brought me the copies of letters from Randall and Son which have been read to Mr. Lancaster—I did not act for him on the mortgage from Blackburn, but he informed me that there was a dispute about the claim which he had on the deeds—in consequence of information from Nicholson that the buildings were being continued I issued proceedings for a partnership account and also gave notice to the builder engaged in the erection—that was for the purpose of preserving his rights as a partner—some time after the committal I received information that they were going to charge him with stealing the slates he had bought—I attended at the police-court—the torn leaf refers to the copy and not to the ledger at all—with regard to the conveyance of any property, I have advised that things should remain as they were. The Prisoner received a good character. NOT GUILTY .
Greenwich—on 14th May Mr. Drury and Mr. Brooks were scholars in the College—both were indebted to the mess, Brooks in 20l.—Brooks gave me a cheque for 91l. 2s. 5d,—I drew a cheque on the London and County Bank for 70l. and sent a messenger there to get it cashed—he brought the money back to the steward—I did not receive it from Mr. Stewart—I after wards received six 5l. notes from Brooke—on 2nd July Mr. Tetheridge brought me a 5l. note—he is messmate of the College—I took it to the captain of the college, as I had then heard of the loss of certain notes and had received their numbers from the police—I gave it to the captain in the presence of Wilmot, the officer.
Cross-examined. I had no list—I am not in the habit of taking the numbers of notes that I have—I received the six notes from Mr. Brooke on the 15th—I cannot say whether I received any other notes between that date and the 2nd July—as messman I received a good many—it is impossible to give you the names of all persons from whom I receive note
ALFRED THOMAS ROANTREE . I am a clerk at the London and County Bank, Greenwich—Mr. Collins is a customer—on 14th May I received a cheque for 70l. from him to be cashed—I gave 50l. in notes and 20l. in gold to the person who brought the cheque—this is my book containing the numbers—they were Nos. 88337 to 88346 inclusive, dated 6th October 1877—88342 was one of the notes.
JAMBS STEWART . I am mess steward at the Royal Naval College, Greenwich—on 14th May I received a 70l. cheque from Mr. Collins—I gave it to Arnold to be cashed—he brought back 50l. in notes and 20l. in gold—I put the notes in an envelope with the gold and 1l. 2s. 5d., the balance, in the cash-box—I fastened the envelope and gave it to Tetheridge, the head waiter, for Mr. Brooke—on 1st July the prisoner paid me his mess bill—I was present in the office on that day when Tetheridge brought a note to be changed and gave it to Mr. Collins—it was nearer 10 o'clock than 12.
Cross-examined. I think Mr. Collins referred to something, and the head waiter said "Is that one of the notes?"—Mr. Collins nodded, and went oat of the office—I had learned that the notes commenced at 88, Mr. Drury's bill was 7l. 9s. 5d.—he had paid me 10l. besides that morning—he gave me three notes—the numbers were referred to, and Mr. Collins found them right—it was about ten minutes before the 5l. note was brought to Mr. Collins GERARD MARMADUKE BROOKE. I am now a lieutenant on board the Vernon torpedo ship at Portsmouth—I was with the prisoner at the Royal Naval College, Greenwich, in May last, pursuing my studies—on 14th May I received ten 5l. notes and gold from Tetheridge in a fastened-up envelope—I took the notes and gold out and counted it—I was acquainted with Drury—on 22nd June I was in my room between three and four—I kept my money in a drawer locked up, but my chest of drawers had gone to Portsmouth, and I then kept my money in a uniform case—I was going to leave the College in a few days—Drury was there with me, no one else—I took a bunch of keys from the drawer of a writing-table, and unlocked the tin case, took out one note of the three that were in the case, and returned two to the packet, put the packet back, locked up the case, and put the key back in the drawer of the writing-table on the bunch at the back in some
paper—Drury was standing by me—on 23rd June, about 1.20, I wanted some money, and went for the keys—they were then in front of the drawer—I unlocked the tin case and missed the two five-pound notes—I informed Captain Domville—no one else but Drury saw where I put the notes—on 30th June I left the College and proceeded to the Vernon, and remained there till I heard of this case—I did not know the numbers of the notes. Cross-examined. Drury and I were constantly in and out of each other's room—the rooms were in the same corridor—we. were changing our clothes—Drury was not leaving the room when I took the note out, he went out in plain clothes immediately after—I do not believe he went back to his own room after I took out the note—there was another chest of drawers in my room in which I could have put money—I did not keep valuables in it—I do not think there were any keys to it—I could have put money in two other places, in another tin case and in a bag—both were unlocked—the table drawer had a lock, but no key—it was supplied by the College like the remaining chest of drawers—I went to Blackheath Common, and later on to dinner—the prisoner walked with me to near Lewisham station—he left me about 5 I think—I think he said he was going to see his brother at New Cross—to go there direct he would not pass the College—I knew his brother; we often visited—I went back to dress—I did not see the prisoner—I went to dinner about 7.50—I returned to the College about 12.20—a book is kept at the lodge which shows the time, when we return after 12—I went to bed—I do not know whether the prisoner was in bed—he occupies the same corridor—the lights in the corridor were not out, the lights in the rooms were—a servant goes round and says when the lights ought to be put out—there are about fourteen or fifteen rooms in the corridor and seven or eight servants—the corridor door is not locked—the servants are not allowed in the corridor after 10 p.m.—they put the rooms in order about 9 p.m.—the stolen notes were the last two I had—I do not know what became of them all—I paid six to Collins—it is a common thing for officers to go to Collins for change—I changed one note at the post-office, Greenwich; none at an hotel—I was smoking in the college grounds till after 11 a.m., and between 11 and 12 I found that I had lost my notes—I saw Drury that morning before breakfast—I was not with him in my room or his—I only left my room once till 1.20—I told Drury I had lost the notes, and a few days afterwards that I did not know the numbers—I heard that the prisoner had lost some epaulettes—it is not usual to wear them at College—I saw an epaulette case in Drury's room, but I did not know what was in it, nor that he discovered that the case was empty on 30th June at night—he was to go away on the 1st or 2nd July—I believe his character was irreproachable.
Re-examined. I changed a note at the Greyhound which I received from the cashier of the College—that was not one of the notes I received from Collins—of the ten notes, six I returned to Collins for two cheques, one I changed at the post-office, and two I lost—I do not know what became of the other—I put two other notes in my box in the beginning of June when I received my pay—there were four than in the box—that would leave twelve to be accounted for—one I paid to Collins for my mess—Inspector Wilmot told me the numbers—I mixed the notes up and made no distinction—I cannot swear to the numbers.
any one particular note from Mr. Brooke—I have no memorandum of the notes—the notes I received on 15th May were put in the cash-box—I handed them over to Stewart—three were sent to the bank and three were given to officers for cheques—all six were put into circulation—I received one back; I do not know what note it was—the note Brooke paid me was not one of the ten or I should have noticed it.
CHARLES JOHN WILLIAMS . I am in the bank note office at the Bank of England—I have examined the books of returned notes—Nos. 88337, 88339 and 88340 were paid in by the London and County Bank on 16th May; 88345 on 22nd May, by Scott and Company's Bank, Cavendish Square; 88338 on 23rd May by the London and County Bank; 88343 ])y Messrs Coutts on 19th July; 88341, 88342, 88344, and 88346 have not been paid
JOHN WILMOT . I am inspector of police at Greenwich College—on 28th June I received information of the loss of two bank notes—I went to Mr. Brooke, and got the particulars from him, and made inquiries—on 1st July I met the prisoner in the square of the College, about 11 a.m.—he said "Oh, inspector, I have lost a pair of epaulettes"—I said "You have been in the College a whole term of nine months; when did you see them last?"—he said he could not tell, it might have been three, four, or five months—I asked him if he should know them if he saw them—he said he should not, and said "But I mention this, as if it is not mentioned it is never known what one may lose; there is this business of Mr. Brooke's notes, have You heard anything about them?"—I said that I had not—he said "Do you knot the numbers of them?"—I said "How should I know the numbers of them if he does not know? A policeman is like other people?"—"he cannot trace blank pieces of paper"—about 10 minutes afterwards I was sent for to the captain's office, and note 88342 was handed to me by the messman—I had been to him in the morning, and cautioned him—I took possession of the note—this is it—on 22nd July I went to Portsmouth, and went on board the Duke of Wellington—the prisoner was handed over to me by the Admiral—I charged him with stealing two 5l. notes—he made no answer.
Cross-examined, He was then under arrest for this charge—I inquired about the epaulettes at several pawnbrokers in the town—I did not go to the prisoner's room—I have not heard that it was his brother who discovered the loss of the epaulettes.
HENRY JAMES MONTGOMERY . I am assistant paymaster on board the Duke of Wellington—a Court of inquiry was held on the 10th July into this matter—I assisted as clerk—these are my notes of the evidence—I, heard Lieutenant Drury cautioned as to his statement—I have written, "Lieutenant Drury, after having received the usual caution, said he did not wish to make any statement"—the inquiry was made with closed doors before the Captains of the Duke of Wellington, the Euphrates, and the Crocodile, Drury being present—Drury was asked at the conclusion of each witness's evidence if he wished to ask any questions—this was merely a Court of inquiry to see whether there was any evidence to go to a Courtmartial
Cross-examined. The members of the Court were composed entirely of his superior officers—Drury was not allowed to have any one to appear on his behalf.
FRANCIS BURNETT PRITCHARD . I am assistant paymaster on board the Duke of Wellington—on 12th July I conversed with Lieut. Drury—I wrote this letter for him, resigning his commission—he read it over before signing
it (The letter contained the passage: "Beseeching them to accept the same and thus save the name and reputation of a family that has for generations served their country with loyalty, credit, and honour.") Those words are mine—he asked if I thought it would do him any good to say something about his family, and I said it might—I do not remember reminding him that those words were capable of being interpreted into a confession of guilt—I advised him first of all not to write a letter at all—this letter carried out the result of my conversation with him—I do not think he meant it as a confession.
Cross-examined. He expected to be tried by a Court-martial—there was suggestion of proceedings in this Court.
WILLIAM TETHERIDGE . I am mess waiter in the Royal Naval College, Green wich—on 14th May I received from the mess steward some money in an envelope—I gave it to Lieut Brooke sealed—on 1st July I received a 5l. note, No. 88342, from Lieut Drury about 11.20 a.m—I gave it to Collins—this is it
MR. FOOTS submitted that upon the ruling of Queen v. Jaques, there was no evidence to go to the Jury. The COURT considered that the case cought not to be with drawn. The JURY stated that they did not wish to hear the evidence for the defence. NOT GUILTY .
MR. GILL conducted the Prosecution; and MR. SIMS the Defence. WILLIAM CLAYTON. I am a butcher, of 207, High Street, Deptford—I am a tenant of the Corporation, of a slaughter-house in the Foreign Cattle Market—on Saturday, 20th July, about 1a.m., I was sent for and saw the prisoners, and a van drawn up by a urinal—the carcase of a sheep was shown me and I identified it—it was dressed for what we call the Aldershot contract—I gave the prisoners in custody.
JOHN HAYDON , I am a butcher, of 27, William Street, Stepney—on Saturday, 20th July, about 1 a.m., I was close to Mr. Heard's slaughter-house—I saw a van and two horses drawn up to a urinal—I saw Cane take a sheep from Heard's slaughter-house and put it in the van—Willing was in the van; he covered it over and lay down on it
JOHN DRAPER (Policeman R172). On 20th July, about 1 a.m., I was on duty in the Foreign Cattle Market at Deptford—I had seen Cane 10 minutes before that in what we call the Square—I saw a van near the urinal—Cane was standing near the horse—Mr. Clayton was in the van—Willing was lying down on the off side of the van and a carcase was between Clayton and Willing—Mr. Clayton gave the prisoners into custody, and I took them to the station—Willing said that Cane brought the carcase and told him to jump up and help him over with it, which he did.
Cross-examined. Willing also said he came round there out of the way of the beasts which were being unloaded from a vessel—there were beasts being unloaded—I have inquired and found that Willing bears anexcellentcharacter.
HENRYHEARD. I am a master slaughterman employed, in Deptford Cattle Market—on Saturday, 20th July, about 1 a.m., I received information from Haydon, in consequence of which I went to see a van and horses with
Haydon—the van was standing near a urinal—I looked into it, and saw the carcase of a sheep covered up, Willing was lying on it—he appeared to be asleep, but he was outside the van—I rolled him out and found the carcase under him—I took the cover off the sheep, and asked Willing how it came there; he said he did not know, some one had put it there—I had seen Willing and Cane together, two or three minutes before—Isent for Mr. Clayton—the sheep had been slaughtered by me, and dressed, so that I could identify it—the value was about 2l.
Cross-examined. Willing was not on the side, but on the top of the sheep.
GEORGE PHILCOX . Iamsuperintendent of the Foreign Cattle Market, Deptford—Peter Barnes is the master slaughterman—a van should be backed up to the slaughter-house door to load—it is not right to draw it up by the urinal.
Cross-examined. The prisoner said he had to get out of the way of some foreign cattle that were being unloaded, he could not go the usual way.
PETER BARNES . I am the master slaughterman—on 19th July, I was killing beasts in Deptford Market—I wanted some of them carried to Smithfield market, and I asked Cane to bring a van there—I have employed him to do that work twelve months ago—I never saw Willing till this morning—I was not killing sheep on the 20th—the urinal is 15 or 20 yards from the slaughter-house.
JAMBS THOMPSON . I live at 95, Pond Hill Road, and am a master carman—Willing has been in my employ five years; on 20th July, in consequence of orders I received, I sent him to Deptford with a two-horse van, and four others, to get some meat which Cane was to send—I do not know who employed Cane—I asked him three times—he said it would be all right—I said before the Magistrate that I understood Cane was employed by Barnes, but I did not know that till after—Cane has had my vane before.
Cross-examined. I move furniture—Willing has had the care of nine horses, and abundant opportunity of being dishonest—as he has had 1,000l. of property in his care for me, I don't believe there is an honester man in this world—I have tested him, and proved it Re-examined. I have not been paid for the vans. WILLING— NOT GUILTY . CANE.— Twelve Months' Imprisonment .
Before Robert Malcolm Kerr, Esq.
739. GEORGE LAMBERT (64) PLEADED GUILTY ** to burglariously breaking and entering the dwelling-house of John Wright, and stealing a violin and other goods, his property, having been convicted of felony in August, 1873.— Two Years' Imprisonment .
MR. M. WILLIAMS conducted the Prosecution; and MR. BINDON the Defence. WILLIAMEPHRAIMWHITING. I am a carman, of Kew Road, Richmond—on 6th July the prisoner did an hour's work—he asked me for 1s. 6d.—I said "I only pay 6d. an hour, you see my Missis"—he went to her and used abusive language—I ordered him out of the yard—he agreed to take 1s—he came into the yard again—I was sitting on a barrow reading a bit of
paper—he knocked my head with something—some wood was lying about—he also struck me on the back: the blood came out of my eyes, I became insensible; I was attended by a medical man—I never struck the prisoner, I have two withered arms.
Cross-examined. I asked him who set him on, he said my Missis—I said to her "You ordered this man on, pay him"—a gentleman treated me that day, and I couldnotdrink, and gave it to the prisoner to finish.
SARAH WHITING . I am the prosecutor's wife—Ifoundhim, on the ground insensible, and Kirby standing over him—I said "Oh, Kirby, what have you done!"—he said Mr. Whiting hit him first—my husband was bleeding from the left ear—he has two withered arms—I sent for a constable and gave the prisoner in custody.
Cross-examined, My husband was not the worse for liquor—he was not able to speak.
CHARLES BURY . I live at Richmond—I was standing in the prosecutor's yard, and heard Kirby ask him for a shilling—he said "What do you want a shilling for?"—the prisoner said "For work I have done"—the prosecutor paid "That work could be done in half an hour," and offered him sixpence—Kirby said he would not take it; he afterwards said "If you don't pay me I'll pay you," and placed himself in a fighting position—I went for a policeman—I could not find one—when I got back the prosecutor was insensible. Cross-examined, Kirby was 20 yards fr om me when he assumed a fighting attitude.
JOHN PEARMAN (Police Inspector V). From information I received from Dr. Lumsden I took the prisoner and charged him with assaulting Whiting, who was quite unconscious, and appeared to have suffered from severe injuries.
Cross-examined. It was 12.15 a.m. on Sunday when I took him—I did not notice any mark on his eye—he pointed out a slight contusion on Monday on his left cheek—I saw Whiting at 11.15 p.m.—I did not notice any signs of liquor.
JAMES LUMSDEN . I am assistant to Dr. Anderson, the divisional surgeon at Richmond—I attended the prosecutor—I found him unconscious, suffering from concussion of the brain, and bleeding from the left ear, which wound appeared to have been done by some instrument
Cross-examined, One wound might have been caused by a fall—I saw no signs of liquor.
Witnesses for the Defence, WILLIAM HOPWOOD. On Saturday, 6th July, I came near directly after the occurrence—I saw a mark on the prisoner's cheek-bone as if he had been struck a heavy blow—Whiting was lying down when I went in the yard—he seemed unconscious, and smelt of drink.
Cross-examined. He smelt of spirits—I was with him an hour and a half—he bled profusely.
JOHN WISE . I am employed by Mr. Whiting—Kirby came into the yard on this Saturday evening, and said to Whiting "Will you settle up?"—he said "Settle up, Kirby, yes; what is it you want?"—he said "I want a shilling"—Mrs. Whiting was standing alongside, and Whiting said "Give Kirby sixpence"—Kirby said "I shan't have it; I want a shilling"—they kept on talking—I said "Hold your bother, or else I shall give you a smack of the head, the pair of you"—I had to go out of the yard—I had not gone
out many minutes before I was called in again by Miss Whiting, saying "Come and see what Kirby has done to your master"—I went back and found Whiting lying on his back between the coal-hole and the cottage door—I picked him up, and some one came to me—the prisoner is not regularly employed there—I thought my master had had a drop.
Cross-examined. A blow would show more at a remote period than immediately afterwards.
GUILTY .— Eight Months' Imprisonment .
OLIVIA PARKER . I am a widow, and rent Apsley Villa, Slough, of Mr. Walter Caffery—I send him my rent every quarter by post-office order to Pimlico—about 21st June I received this letter, signed "M. J. Ormiston," and I replied to the address given at the top—I then received this further letter, in which there was this receipt (produced)—I then sent my quarter's rent to the address mentioned in the letter by this post-office order for 4l.19s. 6d., 6d. being deducted for the order—it was posted on 24th June.
Cross-examined by the Prisoner. I do not know the handwriting of the letters—I gave the letters and receipt back to Mrs. Ormiston—she came to see me in respect of the post-office order.
WALTER HENRY CAFFERY . I live at 19, Killingdon Street, Pimlico, and am a Civil Service writer—the prisoner is my step-father, my mother's name being now Reniston—her initials are M. J.—I hold a freehold house at Slough, which I let to the last witness at 20l. a year, and she sends me her rent quarterly by post-office order addressed to Pimlico—I did not receive the Midsummer rent, and I afterwards received some information and the letters and receipt produced from my mother on 1st July or 30th or 28th June—they are not in her writing or in mine—I have given no one authority to receive money for me—the receipt is in the prisoner's writing, and the first letter, and I am almost certain the second, are his—it is not true that I had met with an accident, as stated in that letter.
Cross-examined. I should not like to swear to the second letter—I believe it is your writing—the first is certainly—I have received letters from you, and have some of your writing in my pocket (Producing them)—I am near-sighted, but when I get things close to me I can see better than a great many people—I do not wear spectacles to do my work, only for things at a distance—on two occasions you have thrown things at me—I did not stop out till three o'clock in the morning.
Re-examined. The prisoner has been separated from my mother since Easter—he is an omnibus conductor.
ANNIE HELVES . I am the daughter of Frederick Helves, of 15, Crow Street, Blackfriars—a Mr. Banett occupies the shop—I generally take in the letters, and I remember taking one in on 28th June addressed to Mrs. Ormiston—I had taken in a similarly addressed letter shortly before—the letter of the 25th I took into Mr. Barnett's shop and left there—I have seen the prisoner at our house twice—I have not had any letters so addressed since then.
Cross-examined. I gave the letter to Mr. Bones—I have received three letters for you.
JAMES BARKETT . I am a shoemaker, of 15, Cross Street, Blackfriars—I have known the prisoner as Mr. Ormiston for some time—some few omnibus conductors have letters addressed to my shop, and the prisoner is one of them—I have seen letters there addressed to him—Bones is a workman of mine, and has charge of the shop when I am out—any letters left at my shop addressed to Mrs. Ormiston, would be given to the prisoner if he called for them.
Cross-examined. I consented to allow you to have letters addressed there, I knew you were applying for a situation—Bones was in charge of the shop on the evening of the arrival of the letter in question—I have not seen him since—the next morning I left him at the public-house—I had been at Battersea Park all the afternoon—I did not miss anything from my shop—I should like to find him—I did not tell Mr. Benson that I had missed several pairs of boots—we generally had a glass together when you came to my shop, and Bones was with us on one or two occasions—I think I have heard you speak of Mr. Caffery's affairs.
Re-examined. Bones was a good scholar—I would not swear to his writing—these letters resemble it—I don't think I have ever seen the prisoner's writing—I used to meet him on his 'bus when he was atwork,
WILLIAM DREW . I am an assistant at the post-office, 165, Blackfriars Road—I produce this post-office order for 4l. 19s. 6d., which I paid on 26th June—it was not signed when first brought to me—I requested the bearer to sign it, and he signed it in the name of Lawrence; I told him that would not do, and he took it away, and another man brought it back—I could not recognise the man—it is now signed "Ormiston" as well as "Lawrence"—I paid the money to the man who brought it the second time—I do not know the prisoner—I believe I have seen him in the shop.
Cross-examined. I think I said at the police-court that two applied for the money—I don't think you are the one I paid the money to—our shop is a grocer's and cheesemonger's—I cannot say whether you have been there as a customer—I only fancy I have seen you. Re-examined. "Ormiston" is in a different handwriting to "Lawrence." GEORGE WRIGHT (Policeman M). On 2nd July, from information I received, I went with Caffery to the Alfred and Castle public-house, at 8.30 p.m., and saw the prisoner in the bar—directly he saw us, he rushed through two compartments—I caught him, and said "Your name is Ormiston;" he said, "No it isn't;" I said, "Yes it is, and I am going to take you in custody for forging a receipt for the payment of 4l. 19s. 6d"—I took him to the station—he refused his name and address, and when the charge was
read over to him he said it was a b—lie.
Cross-examined. Mr. Caffery stopped at the door of the public-house—he said "That's him," and I rushed after you.
The Prisoner, in his defence, stated that ill-feeling on Mr. Caffery's part was at the root of the prosecution, that the shop was in charge of Bones when the letter containing the money-order arrived, and the girl had given it to him, and that the post-office clerk could not identify him as having presented the order.
GUILTY . He was further charged with having been convicted of felony at Carlisle in February, 1861, to which he PLEADED GUILTY.— Eighteen Months' Imprisonment .
Before Mr. Justice Lindley.
MESSRS. POLAND and STRAIGHT conducted the Prosecution; and MR. WILDEY
WRIGHT the Defence. NOT GUILTY .
MESSRS. W. H. LEWIS and MEAD conducted the Prosecution; and Ms.
S TRAIGHT the Defence.
MARIA HOLLOWAY . I was servant at Mrs. Pike's, 127, Camberwell Road—on 26th June, about 2 o'clock, I was in the kitchen, heard a noise, went upstairs into the parlour, and saw my master on the floor, and the prisoner kneeling on him, holding him down, and drawing his fist back as if from a blow—my master said "What are you doing—do you know?"—Mr. Catherwood said "Yes"—I called my mistress upstairs, and when I came back my master and Catherwood were up, and my master lifted up a chair to strike him—my master's mouth was bleeding, and his face swollen—the boy had been lighting some straw in the garden.
Cross-examined. From the time I heard the noise to the time I went into the parlour two or three minutes elapsed—I ran up directly—the parlour is at the-back of the shop, which is open to the Camberwell Road; you go down a flight of stairs to the yard, and down three stairs more to the kitchen—the yard runs alongside of the yard of the prisoner's house—at the back of the prisoner's house there is an additional building which is used as a dining-room, and the smoke went in there—there was scarcely the distance from his window to the fire that there is between you and me; a paling intervened—if I said that Catherwood was kneeling over Mr. Pike I meant kneeling on him—my mistress tried to separate them—I left the room, and did not see her take her husband away—my master was in the shop on Thursday serving customers—he Was first imwell on the Friday—he went to the doctor on Sunday, and took to his bed on the following Wednesday—he was a little deaf—he used to put his head on one side when you spoke to him—the prisoner looked very excited.
— BROAD BRIDGE (Police Inspector). The deceased being in a very bad state the family refused on two occasions to allow me to take his statement—I went there again on 19th July, at 6.40, and he died about 10.30 the same day—between those times a Magistrate bad attended, but the doctor certified that the deceased was too ill for his statement to be taken—when I went into the room he was too ill to speak—his mother, brother, and a police sergeant were present—nobody told him in my presence that he was dying—I wrote this statement; questions were pat to him through his brother, who repeated the answers, and I have truthfully recorded them—the first part of it was not read over to him (The formal part), but the rest was, and he made his mark.
MART ANN HARMAN . I am the deceased's sister—I was present when this statement was taken—I had been with him during the night—he told me about 2.30 in the morning that he was dying—I asked him if he was
better, and he said "No, I never shall be better, I never can be," and kissed me—about 4.30 he asked to see his brother, my mother wished to see him before his brother left; she was very anxious that he should not be disturbed by his deposition being taken.
Cross-examined. I was nearly always with him—the night when he said that, I did not say "Don't talk in that way," because I was impressed with the idea that he could not live—he made this statement between 6 and 7 o'clock, and fainted from the excitement—he said he hoped he had not said too much about Catherwood—the questions were put to him by my brother and my mother—my mother was very much distressed; my brother was more in possession of his intelligence, and the deceased understood his voice better—the questions the inspector took down were asked by my brother George, and the deceased replied in a whisper, but loud enough for the inspector to hear, who was leaning over the bed—my brother did not repeat the answers; my mother said "If you believe yourself dying, will you say that this is true that you have stated to this gentleman?" "and he said Yes"—I have never mentioned before to—day what my mother said to the deceased, but she did say so.
By the COURT. On two or three occassions the deceased said "Oh, I wish he had killed me"—that was when he was in great pain—he never expected to recover—he said that his poor brain had got a great deal to go through—he said the pain was so great that he must die, and he kissed me and said "Good—bye" about half—past four, after telling me to go to bed.
MRS. PIKE. The deceased was my son—I was in his room on the morning of 19th July—he was very ill indeed—he was aware for several days and at that time that he could not get over it—he said that it was a pity that Mr. Catherwood did not kill him right out instead of making him suffer as he had done—he also said that morning, "I cannot live," that was before the inspector came—he knew that the inspector was there listening to what he was saying—(The Court considered that the declaration was admissible.) On the day of the assault, when I went into the room, I saw that my son's mouth was swelling and bleeding—the prisoner was in a state of great excitement; he kicked me violently and hurt me—I had come out of the garden, where I was putting the fire out with a stick—I think I had it in my hand when I was called; but I did not use any violence to the prisoner with it—my son was twenty—four years old—he was a little deaf with one ear; that was the ear on which he said he had a blow from the prisoner—it was the left ear, I think; on whichever side he was deaf, that was the side on which he was struck—he always enjoyed good health—Dr. Smith, of Newington Causeway, is our medical attendant; but he had not been called to attend him for eight years—the assault was on Thursday—he could hardly open his mouth the next day—he took to his bed on the Tuesday night, and never left it again—the prisoner never came to make any inquiries after the assault, nor any of the family, although they lived next door.
Cross-examined. Mrs. Catherwood was sent for once, but she did not come of her own accord.
The Deceased's Statement. "I, William Pike, residing at 127, Camberwell Road, do make the following statement, which I believe to be my last dying testimony. At 2 p.m. on 26th inst. I was standing in my back parlour, when Mr. Catherwood from next door, 185, came through my shop into the parlour and struck me a blow under my right ear, felling me to the
ground, when he again struck me in the same place, and I became unconscious. I know nothing more of the case"
—— MOORMAN (Policeman P57). I took the prisoner at a few minutes past 1 on 4th July; that was a fortnight before the statement was made—I charged him with assaulting Mr. Pike, and showed the warrant to him—he said, "All right; I will go with you"—on the way to the station he asked me if it was right for a Magistrate to grant a warrant after such a lapse of time—"I said Yes, it is quite right on sworn information"—he said, "I don't deny the assault, but I think they have taken a very extreme course"—he then said that he was subject to epileptic fits, and if he should be taken ill would I send for a doctor, mentioning Dr. Carpenter and another, who, I think, was Dr. Smith—he was taken before Mr. Bush by the same afternoon, remanded for a week, and admitted to bail—he was brought up again, and it was adjourned for another week.
Cross-examined. Those two adjournments were for the prosecutor to attend, and it was adjourned a third time for the Inquest—I have seen the prisoner in a fit this morning—he looked very ill—he keeps a grocer's shop, and is postmaster.
GORDON SMITH . I have been family doctor at Mr. Pike's seven or eight years—I knew the deceased during that period, but had not attended him—he appeared to enjoy excellent health—on 21st July I was called in to see him, and found him lying on a sofa—he got worse, and I called in Dr. Clutton—he died on 19th July—I was present at the postmortem—the cause of death was an abscess on the brain, which proceeded from the ear, and which was of recent formation—I saw during my attendance that the membrane of the ear was perforated—the abscess might arise from a blow under the ear—I saw nothing in the condition of the brain to account for it, independent of the perforation of the ear—a blow might perforate the membrane, which is generally followed by inflammation—there would be deafness and discharge from the ear, but he might not know that it was perforated—I assume from the perforated membrane that there was disease of the ear, and that would account for the abscess—I found the abscess which I expected. Cross-examined. From the appearances which presented themselves on the post-mortem examination there was nothing inconsistent with the man having died from natural causes—there was nothing to lead to the conclusion that it resulted from injury inflicted—by perforation I mean the drum of the ear being broken—a person may go through life for many years with a broken drum of the ear and be none the worse, except being a little deaf—I should say there would be a discharge of blood when the perforation took place—I examined him on the Tuesday, and listened to what he said—I found no bruise behind his ear and no marks of violence on his person—I was not surprised at that—a blow behind the ear is likely to cause a fracture of the drum—I did not make a minute examination of the ear at the postmortem, that was entrusted to Mr. Clutton—I saw nothing of the inner ear—an abscess is an advanced stage of inflammation—the abscess was set up by disease of the ear—there was nothing inconsistent with the man dying from natural causes.
Re-examined. I have sworn that he died from the result of an abscess—in my judgment he died from the abscess; that was consistent both with disease of the ear independent of violence, and with violence used behind
the car—assuming that there was old disease of the car a blow would accelerate it—I do not think it was consistent with a simple blow behind the ear—he had a discharge indicating recent inflamation of the ear.
By the JURY. I think the abscess had occurred during the last two or three weeks of life, because an old abscess is surrounded by a cyst, and this was not—I attend both the prisoner's and the prosecutor's family.
— CLUTTON. I am resident surgeon at St. Thomas's Hospital—I made a post-mortem examination by the Coroner's order—I had never seen the man during life—he died from abscess of the brain, secondary to disease of the ear—it might have been forming from three weeks to two months; I cannot fix a time—you cannot have an abscess in the ear without pain—a blow would not be necessary to produce the abscess, and there was no evidence of any injury—I found a perforated membrane, but that was not caused by violence in my opinion—assuming a blow behind the ear, and finding the abscess, I should not consider the two consistent in this case, because he had disease of the ear—a blow operating on disease of the ear might cause acute inflamation, and that might cause an abscess—it did not surprise me to find the abscess and acute inflammation when I found he had been suffering from deafness, and when I heard that he had had a blow behind the ear—I should rather expect to find it because he had disease of the ear.
Cross-examined. The disease of the ear was of long standing: I should think from childhood—both ears bore evidence of disease—I am aural surgeon at St. Thomas's—I found nothing in the head or ear inconsistent with his dying from natural causes—in a man with the disease of the ear which he had, all the results which I found might have arisen from an ordinary cold.
NOT GUILTY .
— MOORMAN and MARIA HOLLOWAY stated that their former evidence was true.
GUILTY of a common assault . (A medical certificate was produced, stating that he was subject to fits, and that confinement would be injurious to him.) To enter into recognisances to appear and receive judgment if called upon .
MR. BESLEY conducted the Prosecution; and
MESSRS. STRAIGHT and PURCELL the Defence. NOT GUILTY .
GUILTY .— Six Weeks' Imprisonment each ,