Old Bailey Proceedings, 21st October 1878.
Reference Number: t18781021
Reference Number: f18781021

CENTRAL CRIMINAL COURT.

OWDEN, MAYOR. TWELFTH SESSION.

A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.

LONDON AND MIDDLESEX CASES.

OLD COURT.—Monday, October 21st, 1878.

Before Mr. Recorder.

Reference Number: t18781021-844

844. SIR CAPEL FITZGERALD, Baronet (24), was indicted for stealing a pair of earrings and a quantity of other jewellery of Susan Stevens. Second Count for stealing two stars and other articles. Third Count for stealing 1 l.

MR. BESLEY conducted the Prosecution; and MR. STRAIGHT the Defence.

SUSAN STEVENS . I live at 36, Westbourne Park Villas—about six weeks before I went to Paris there were intimate relations between myself and the prisoner—when we left for Paris I took with me this jewelcase, containing two large diamond stars, a pair of diamond earrings, a pearl and diamond locket, a pair of diamond screw earrings, a pearl and diamond bracelet, three diamond rings, a gipsy ring, a plain ring, and a gold collar-stud—the box also contained a pair of gold solitaires, a pair of gold sleevelinks, a pencilcase, and a turquoise and pearl bracelet with an inscription on the back—we left London for Paris on Friday, 14th June, and left on 24th—I was not present when the railway tickets were bought; whilst in Paris I saw them on the chimneypiece; they were return tickets—we put up at the Hotel de Rivoli—on the fourth day the prisoner asked me to lend him 2l., as he expected a letter from Rothschild's and he had not got it—I let him hove a 5l. note—he said he would give it me back next day; it was never returned—on Monday, 24th June, it was arranged that we should return to London—in the early part of that day the prisoner wished me to dress, as a gentleman was coming to lunch with us; and I put on the jewellery—the gentleman did not come, and he asked me to take off the jewellery and put it in the jewel-case; he said it would not be comfortable for me to wear these screw earrings or the diamond rings in travelling—I took off the jewels and put them in the jewel-case—my property was all safe at that time, about half-past 1 in the day—I locked the jewel-case and packed it in my large travelingbox; that had no lock; it was only fastened with straps across—the prisoner told me to put my jewel-case between my dresses at the bottom of the trunk, and I did so—after doing so we went out to lunch—we went in a cab to some money-changing place, where the prisoner went in; I waited outside in

the cab—that was about half-past 2—we left Paris that evening about 7; and arrived in London at 7 next morning, the 25th, and went to 36, West bourne Park Villas—Helen Taylor is my servant there—about 11 that morning she made a communication to me, in consequence of which I went to my travelling-box and missed my jewel-case—about 11.15 Taylor showed me my jewel-case broken and in its present state; she told me where she got it from; the gold solitaires, sleeve-links, pencil-case, and bracelet were left in it; all the others were gone—the total value of the property was about 400l.—I did not mention my loss to the defendant that morning; I did in the evening, but before that I received this letter from him; it was brought by a cabman—at 9.30 that evening he called—I asked him why he had robbed me—he said I should have the things back on Friday—nothing more passed—I allowed him to stay there that evening—he slept in the house that night—next day I received this letter: "Write me a line, my darling, and forgive me all; by Friday all will be well"—I understood that to refer to his promise to return the things on Friday—on the Friday I received this letter: "By no chance, Emmie, can I return your things before Monday, but I shall be at your house that morning at half-past 10 with them"—he did not come on the Monday or send the things—I then consulted a friend, and on Tuesday, 2nd July, I went to the Marylebone Police-court, and a warrant was granted to take him into custody—20l. reward was offered by public advertisement—on 3rd July I received this letter: (Read: "Tuesday. Emmieaa, when you read this and the enclosed, what will you think of me? I have been so wretched and miserable for the last week, hunting about to try and get money, and always disappointed. You wrote me Tuesday, today week, to send you any tickets I had. I said I had none. Such was and is the case, but the enclosed will explain itself. You will have to send Arthur and Co. 63l., when he will send you the things registered. You will have to send the enclosed letter also. You hall not be out of the money for long, for by hook or crook, if I have to get rid of all future interests I may have, I will get it for yon. I have not been to Long's since Friday 12 o'clock, and by the time you get this I shall be many miles from London till I can repay you what yon have to send. Think as well of me as you can. Some day you may forgive me. I dare not say anything more, I am too wretched. Capel." Enclosed in that was a letter in his handwriting to Messrs. Arthur and Co.—up to that time I did not know that he had obtained 63l. from Arthur and Co.; he never told me a word about it; I did not know where my jewellery was till I got that letter; that reached me after the advertisement offering 20l. reward—when in Paris I had in my purse a sovereign and a 10l. note; it contained the same money when we came to England on Tuesday morning, the 25th—it was in a sealskin bag on the diningroom table; I placed it there about 8 o'clock, after we had arrived—I saw the prisoner there; I left him there alone from half-past 8 till 9—I then went to my purse, and missed the sovereign—I did not say anything to him about it—I afterwards said in his hearing that I had lost it—I did not charge him with it—Taylor was the only other person there.,

Cross-examined. I have been living at Westbourne Park Villas two years, under the protection of a gentleman—the same gentleman has provided the establishment during the whole of that time—I was separated from my husband—I first met the prisoner in 1875, at Cremorne, and for a

short time afterwards I was on intimate terms with him—I denied with him at the Criterion, at St. James's Hall, and the Pall Mall Restaurant—I did not go to the theatre with him, or to Cremorne, on any other occasion—our acquaintance then dropped for two years; it was about six weeks before we went to Paris that I met with him again, I was frequently in his company during that six weeks; he slept at my house on several occasions, during that time he gave me about 25l.—I dined with him frequently at the Cafe Royale and else where—the trip to Paris was arranged about a fortnight before we went—we were not just to run over and see the Exhibition, I was to stay as long as I could, he was to remain with me the whole time—I always knew him by his own name; I only knew by reading it in the papers, that he had been in pecuniary difficulty at one time—it was at Scarborough last year—I did not know that he had been bankrupt—I did not talk to him at all about his financial position-—he did not intimate to me that he was expecting money, or that he had future interests from which he hoped to get money—we reached Paris on the morning of the 15th June and went direct to the hotel, we went to the races on Sunday in a carriage, we sometimes breakfasted and dined at the hotel, and sometimes at restaurants—we did not have a carriage on any other occasion—we sometimes drove about in the evening, we did not go to the play, we used to stay at home, I told him I would not stay after the Monday; it was at my suggestion that the visit terminated then—we lunched about 2—my box was packed about 11—he left me at the' luncheon place for about half an hour and returned to me—we came by mail boat from Calais to Dover—I think the luggage was registered through, I left—it to the prisoner to register—we drove to my house and sat up till about 9, he then went to bed, I went to bed, I was up when my servant came and informed me about my jewel case—the prisoner returned that night and slept in the house—some of the missing jewellery was presented to me by the gentleman with whom I lived, I saw that gentleman on the Wednesday evening, and he observed the absence of my rings—he did not accompany me when I applied for the warrant, he was not instructing Mr. Lewis in this matter; I don't know that he was at the police-court, I went with my maid to the police-station, the gentleman was there taking a strong interest in the prosecution.

Reexamined. I read in the paper last year that the prisoner was arrested or brought away from Scarborough for forging a cheque or something, I don't exactly remember what it as—he said nothing when leaving Paris about any difficulty of paying the hotel bill—the jewellery could be carried in a handkerchief or a pocket—I did not know that he had the jewellery upon him when he left me at the luncheon place for half an hour.

HELEN TAYLOR . I have been acting as lady's-maid to Mrs. Stevens—I recollect her arriving from Paris with the prisoner at 5.30 on the morning of 25th June; he had a portmanteau and she had a travelling-box—about 11 o'clock I unstrapped her box and took out the things, and found there was no jewel-case there—I went upstairs'and told my mistress that I could not find it—I afterwards opened the prisoner's portmanteau—it was in the hall, where it was placed on their arrival—it was not locked—I opened it and found the jewel-case in it, containing a pair of gold solitaires, a pair of sleeve links, a pencil-case, and turquoise and pearl bracelet, with an inscription; all the other articles were gone, and the lock was broken as it is now.

JOSEPH ROWE (Police Inspector B). On Saturday, 6th July, I went to the

Southampton Hotel at Surbiton, and there found the prisoner under the name of Charles Fraser—I said "Sir Capel Fitzgerald, I believe"—he said "Oh yes, I know, don't show me up"—I said "There is no occasion for that, there is a cab outside," and he came with me—he asked how I knew about it—I said there was an advertisement in the paper, which I showed him he then said "I did not steal the things; we had overrun our means, and I pledged them by Susan Stevens's consent at Arthur's, 10, Rue Castiglione, to pay our fare back to England."

MR. STRAIGHT submitted that as to the articles charged in the first court the offence, if any, was committed and perfected in France; that the taking and converting was there, and that this Court as to those articles had therefore no jurisdiction. See Reg. v. Nadal, Central Criminal Court Sessions Paper, vol. 84, page 295; Reg. v. Carr, vol. 87, page 46; Reg. v. Prowes, Moody's Crown Cases, 349, and Reg. v. Madge, 9 Carrington and Payne. He further contended that the doctrine of continuing larceny did not apply hen. The taking, which must be felonious to satisfy an indictment forlarceny, was completed in France, and for aught there was to the contrary, it must be a perfectly lawful act here.MR. BESLEY submitted that the cases cited when Reg. v. Carr was before Denman, Justice, were authorities to show that if the larceny was completed out of the jurisdiction, a receiver in the jurisdiction could not be tried for that offence or for being accessory after the fact to the larceny, because the original offence was not trialable here. The decisiim of Gurney, Recorder, in Reg. v. Nadal was to the same effect. There the prisoner took Mr. Brown's goods in Paris end sent them, to his wife in a false name in London, and afterwards came to London and took possession of them. The late Recorder pointed out that if Nadal had travelled with the goods to London then would have been jurisdiction here, because the carrying away would have been in England, although the taking was in France. The doctrine of continuing larceny applied wherever the goods were carried by the thief himself from one jurisdiction to another jurisdiction.

The RECORDER would reserve the point if necessary; there could be no question that as to what was taken and lodged at Arthur's, in Paris, this Court had no jurisdiction, but it was for the Jury to say whether or not they were satisfied they the Prisoner intended to steal what was left in the jewel-case, and that they must find against the Prisoner before the point could be raised.

SUSAN STEVENS (Re-eximined). There was no examination of the luggage on arriving in England—the prisoner wished to leave his portmanteau at the station, and I said "No, bring it home. I should like you to stay with me till Wednesday, and you will want to change your clothes;" and it was brought in the cab to my house—the prisoner paid for the cab—the portmanteau remained in the hall till the evening or the next day, it then went to Long's Hotel—the value of the property left in the box was about 50l.—he went away on the Tuesday, leaving his portmanteau there.

NOT GUILTY

Reference Number: t18781021-845

845. PHILLIP NADIG (20) PLEADED GUILTY to forging and uttering a receipt for the payment of 12l. —Twelve Months' Imprisonment in House of Correction .

Reference Number: t18781021-846

846. COLSON COOKE (26) , to two indictmente for feloniously forging and uttering endorsements on orders for the payment of 6l. 19s. and 9l. 7s. 6d, and to stealing out of a post letter a bill of exchange, the property of the Postmaster-General ; also to stealing a sheet of paper, envelope, and a cheque for 9l. 7s. 6d, the property of Charles Junes Stevens.

[Pleaded guilty: See original trial image.] He received a good character.— Five Years' Penal Servitude .

Reference Number: t18781021-847

847. EDWARD JONES (54) , Unlawfully publishing a false and scandalous libel concerning Richard Burridge. The Prisoner PLEADED NOT GUILTY and a justification, but on withdrawing the plea of justification.MR. BESLEY, for the Prosecution, offered no evidence NOT GUILTY .

Reference Number: t18781021-848

848. HERBERT WILLIAM HART (45) , Wilful and corrupt perjury.

MR. MONTAGU WILLIAMS conducted the Prosecution; and MR. STRAIGHT the

Defence.

HERBERT CUFF . I am one of the Registrars of the Westminster County Court—I was present when the action between John Passmore Edwards and Albert Charles Sprange, trading as the National Bread and Biscuit Company, was tried before Judge Bailey, on 22nd May last—I administered the oath to the prisoner.

Cross-examined by MR. STRAIGHT. There was a verdict for the amount claimed—I was in Court—I do not remember the Judge saving that it was in undefended case—I do not remember the evidence.

JOHN WILSON HERITAGE . I am a solicitor, of 28, Nicholas Lane—I was present at the trial of Edwards v. Sprange—I heard Hart give his evidence—he said he regarded Sprange as his partner from the first time that he saw him sign the books at the bank—Barclay and Bevan's Bank was mentioned—in answer to my question, Hart said "I never heard Sprange say that he was not my partner"—in March, 1878, Sprange consulted me about Hart's business—there was a conference between Sprange and myself at my office—Sprange was my client—Hart attended—the primary object of the conference was to introduce capital into the business of the National Bread and Biscuit Company, which was not a joint stock company—it was the prisoner's business—there is no company—Hart told me upon that occasion that Sprange was not his partner, and that he would not have a partner—the question was as to what number of shares Hart should have and what number should be given to Sprange in satisfaction of his debt—I sketched a scheme, or rather I spoke of a scheme; then Hart took the objection that as Sprange was not his partner he was not concerned as to how many shares he got—I believe that was on the same occasion—the interview came to an end for that reason, and there was an end of the matter—at the Westminster County Court I put the question to Hart as to whether he had ever said that Sprange was not his partner, and he said "I never heard Sprange say that he was not my partner."

Cross-examined. I do not know that Sprange had been in the hands of another solicitor—he came to me first the end of April—now you mention it I believe the County Court action was in May—six or seven actions have been brought since—the settlement of an action has not been contemplated—the County Court action was for advertisements in the Echo, on 8th, 10th, and 17th January, 1878—I do not remember the Judge saying "This case depends firstly upon whether there was a partnership as a matter of fact, and secondly whether the defendant did anything that would justify the plaintiff considering him a partner; these are the sole points"—he said there was no defence—he had before him the bank books

of Sprange jointly with Hart for January—I have no doubt he also had the letter of 12th or 14th December, because the observation was made at the time, but I do not remember at what stage—when the matter was placed in my hands I did not know Hart was in pecuniary difficulty—I knew he wanted capital—he said the biscuit baking was a good business—I did not think it was worth starting a company for; that idea emanated from Hart—a small company was contemplated—Sprange was to have something to do with it—I was not—I should charge my costs—the company only consisted of Hart and Sprange—no doubt Sprange was fearful of being liable and consulted me—I gathered that he had consulted a solicitor who was a friend of his, but he had not taken any formal advice of any solicitor.

WILLIAM ISAAC CLEASE . I am an accountant, of Seething Lane, City—I had known Sprange many years prior to November, 1877—in consequence of a conversation which I had with him on 5th November, 1877, I went with him to meet Hart to a restaurant in Crutched Friars—he introduced me to Hart as a gentleman wanting a book-keeper in his business, and asked me if I could undertake it, Mr. Sprange having said that he had advanced money to Hart—then terms were made as to what I was to receive—Mr. Sprange said that he could not engage me, it not being his business, but Mr. Hart's, and Hart must make any arrangements that were necessary—I went into Hart's employment immediately, and remained four months—in the course of my business I opened this cash account of A. C. Sprange—I remember a meeting at the counting-house at which Mr. Sprange, Mr. Hart, and myself were present—that was early in January last—Mr. Upton urged being appointed manager of the business, and Mr. Hart was compelled to make that appointment because he was the only person who could make it—Mr. Sprange said so when Mr. Upton came for the place—I always understood Hart to be the proprietor of the business.

Cross-examined. I did not say before the Magistrate that Mr. Sprange said he could not make the appointment of book-keeper—I was not asked—the charge was dismissed before the Magistrate—the business was not a large one monetarily speaking, it wanted capital—I was not put there to look after Sprange's business.

THOMAS FRAME FLETCHER . I am a corn factor—I was introduced to Mr. Sprange with reference to this baking business, in consequence of which I had an interview with Hart, and went into the matter very fully with him—Hart said it was his business and "I shall give you a share, but you will let me have money." I said "What for?" He said "I want to repay money that I have had from other people," and that he had had 1,000l. from Sprange and wanted to pay it off, and if I would lend him that money he would give me a share—I asked him what position Sprange held, and what security Sprange held for his 1,000l.—he said "Nothing except the profits of the shop"—we discussed whether I should have a third or half share, and in answer to my inquiries he said Sprange was not his partner.

Cross-examined. I was not asked, but volunteered to give my evidence about a month ago—I did not go to the police-court—Hart did not tell me he wanted to pay Sprange out, and that he wanted it done in six months.

Re-examined. I saw an account of the matter in a newspaper.

ALBERT CHARLES SPRANGE . I am an insurance broker, of Lloyd's, Royal Exchange—Hart introduced himself to me three or four years ago at

Simpson's Chop-house, when he spoke of whole-meal bread, which was being made by Hill and Co., and he recommended me to try it—Hart said he should start himself by-and-by—we had interviews from time to time about it—Hart asked me to lend him money—I lent him from half-a-crown to half-a-sovereign, and sometimes a sovereign, but very seldom, small sums—in September, 1877, it was proposed that I should lend him money on the profits of the business—I declined till I was sure I could do it without making myself liable beyond the amount I lent—I then purchased Smith's law book on Partnerships, and Hart and I consulted it together—I am afraid we were none the wiser afterwards—I began to advance Hart money about the middle of September—the first cheque was for 50l., I think, but it went on to the extent of about 500l. in six weeks—with guarantees and everything I am liable for about 1,500l.—we had many conversations about my being regarded as his partner—he said he would hot have a partner, and secondly, he would not for a minute entertain the idea of my becoming his partner—that was stated repeatedly—I was present at the interview with Hart and Heritage at Mr. Heritage's office—I heard Hart say distinctly in Mr. Heritage's presence that I was not a partner—I also remember the interview between myself, Hart, and Mr. Clease—Hart then stated to Mr. Clease that I was not his partner, and that it was his own business—I was examined at the Westminster County Court—in none of my interviews with Hart did he suggest that I was a partner, or liable as partner; it was the other way.

Cross-examined. I knew Hart wanted money—the first time I went to Beyan's Bank was on 13th November—I signed a book there; I believe Hart did so—Mr. Upton made advances—I cannot tell you when—I cannot tell when Mr. Upton came first upon the scene—it was before Christmas, 1877—he was to act as secretary—he afterwards had authority to write cheques—in January, 1878, a proposal was made to obtain a loan of 2,000l. on the security of the premises and my personal guarantee—I went to Barclay's on 17th January, when an alteration took place in the books; Upton was then authorised to sign cheques, and Hart ceased to do so—I signed this document—(containing the phrase: "I shall be jolly glad to have my money returned, with 500l. bonus, at any time within six months; of course, being relieved from all liabilities")—Hart asked me for it—this is my writing—(a letter to Hart, dated 14th December, 1877, proposing to form a syndicate, and containing the phrase, "or take another partner")—that was in the pressure of business, and "another" was not meant—I meant, "take a partner"—it was written after a conversation with the bankers, in which I explained my position to them—I distinctly stated before the Magistrate that the conversation occurred in which Hart stated I was not a partner—Mr. Bevan was a witness—I do not recollect his declining to pledge himself that Hart had said I was not a partner—I heard his evidence—I do not recollect his saying, "I have no recollection of anything being said about the position of Sprange in the matter"—this is my writing, "Please honour the signature of Mr. Frederick Upton on our account; H. W. Har will cease to sign from this date.—A. Charles Sprange, H. W. Hart, Proprietors of the National Bread and Biscuit Company."

Re-examined. Mr. Hart executed this document—(dated 16th January, agreeing to assign to Sprange the goodwill of the business on Sprange advancing 1,500l.)—I advanced the 1,500l., and was therefore liable for

that guarantee—it was drawn at Upton's suggestion, signed by Hart and witnessed by Upton—this document is the original agreement between Hart and me, of 31st October, and signed on 13th November—(this was for the advance by Sprange of 1,000l., in consideration of one-third of the profits of Hart's business for three years, and when tlie profits amounted to 1500l. one-fourth)—I also entered into this agreement of 5th February, 1878—(a similar agreement for the loan by Sprange to Hart of 1,000l.)

By MR. STRAIGHT. An action was brought against me in respect of one bill which I endorsed—I paid it—I do not know whether that bill was discounted—I do not remember the date.

NOT GUILTY .

Reference Number: t18781021-849

849. FREDERICK WILLIAM UPTON , Wilful and corrupt perjury.

MR. WILLIAMS, for the Prosecution, offered no evidence. NOT GUILTY .

FOURTH COURT.—Monday, October 21st, 1878.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18781021-850

850. GEORGE AYRES (16) PLEADED GUILTY to unlawfully uttering counterfeit coin.— Twelve Months' Imprisonment .

Reference Number: t18781021-851

851. THOMAS TUKNER (21) to embezzling 98l. 17s. 6d. and other sums of Robert Stewart and others, his masters, who strongly recommended him to mercy.— [Pleaded guilty: See original trial image.] Eighteen Months' Imprisonment .

Reference Number: t18781021-852

852. EDWARD WRIGHT (25) to two indictments for embezzling the sums of 167l. 15s., 41l., and other sums, the moneys of Nicholas Parry, his master, who stated that the defalcations amounted to 6291.— [Pleaded guilty: See original trial image.] Five Years' Penal Servitude .

Reference Number: t18781021-853

853. ELIZABETH MEDDLEDITCH (20) to unlawfully endeavouring to conceal the birth of her child,— [Pleaded guilty: See original trial image.] Judgment Respited .

Reference Number: t18781021-854

854. ALFRED BENHAM (28) to two indictments for feloniously forging and uttering orders for the delivery of, nutmegs, with intent to defraud. [Pleaded guilty: See original trial image.] Recommended to mercy by the Prosecutor.— Twelve Months' Imprisonment .

Reference Number: t18781021-855

855. RALPH HUNTER (17) to uttering, and HORACE SUCKLING (18) to forging and uttering cheques for 5l. and 3l. 10s., with intent to defraud.— [Pleaded guilty: See original trial image.] Twelve Monty Imprisonment each .

Reference Number: t18781021-856

856. THOMAS LEESON (46) to feloniously forging and uttering a request for the payment of 4l.— [Pleaded guilty: See original trial image.] Twelve Months' Imprisonment. And

Reference Number: t18781021-857

857. THOMAS LEWIS (26) to feloniously forging and uttering a receipt for 5l., with intent to defraud, also to unlawfully obtaining 2s. from Herbert Chatfield with intent to raud.— [Pleaded guilty: See original trial image.] Twelve Monty Imprisonment .

Reference Number: t18781021-858

858. WILLIAM MOKAY (46) , Unlawfully uttering counterfeit coin.

MESSRS. CRAUFURD and LLOYD conducted the Prosecution; and MR. PURCELL

the Defence.

AUGUSTA CROSS . My father keeps the Boot public-house, Edgware; on 26th August, about 1 o'clock, I served the prisoner with a pint of ale; he laid a florin on the counter; I picked it up, told him it was bad, and gave it him back; he gave me another, and said that he took it at Boreham Wood Station in change for a sovereign; I have not seen it since.

MARY HUDSON . My father keeps the Old George Inn, Edgware, not five minutes' walk from the Boot—on 26th August, about 1.30, I served the prisoner with twopenny worth of whisky, and he gave me a florin; I put it in the till, where there was no other florin, and gave him the hange—he

then asked me about a lodger who lived at our house at Christmas; I told him he had gone away—he said "You dropped my two-shilling piece among the coppers; you know I gave to you"—I said "Yes"—Lachmer came in, and from what he said I took the florin from the till and gave it to him; he marked it—this is it (produced)—no customer came in between the prisoner's leaving and Lachman coming in.

EMMA SMITH . My mother keeps the White Hart, Edgware, not a stone's throw from the Old George—on 26th August, about 1.30, I served the prisoner with twopenny worth of whisky—he pulled out a handful of silver, picked out a florin, Which I picked up, and found it very light—I went into the kitchen and showed it to my mother, and went back and told the prisoner he had given me bad money, and I should send for the police; he said that I had better not charge him, or he would make it hot for me, and he offered my mother a half-crown to say no more about it—I said "We do not do business like that," and sent for a policeman and gave him in charge with the florin, which I had kept in my hand all the time.

Cross-examined. He did not look as if he had been drinking—I do not remember him saying "I did not know it was bad"—he got angry, and tried to get away, but I stopped him.

ALFRED LACHMER (209 s). I was called to the White Hart, and took the prisoner; going to the station he put his hand to his left breast pocket, and at the station he took out 2l. 4s. 6d. in good silver and bronze, and this paper, with impressions of a florin on it—I found in his left breast pocket this bad florin.

Cross-examined. I know Mr. Abery, of Hyde, who I believe employed the prisoner in mowing, and paid him 13l. 14s.—that would not be a large sum if he employed other persons under him—he said that he changed some money at the Boreham Wood Station, and stopped at the Bald-faced Stag.

WILLIAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—these three florins are bad, and from the same mould.

GUILTY . He was farther charged with a former conviction of felony at Elgware in February, 1877, to which he PLEADED GUILTY.— Twelve Months' Imprisonment .

Reference Number: t18781021-859

859. JAMES BKOWN (17), was indicted for a like offence:

MESSRS. CRAUFURD and LLOYD conducted the Prosecution.

HENRY MOORS . My brother keeps the Horseshoe and Magpie, Bath Street, Clerkenwell, and I assist him—on 8th October, about 11.55, I served the prisoner with half a pint of ale; he put down a shilling; I bent it and told him it was bad, and put it on the counter; he took it up and went out as quick as possible..

Prisoner. It is false, I was nowhere about the place.

ELLEN SHIELDS . I am barmaid at the Coach and Horses, 29, Bay Street Clerkenwell—on 9th October, about 11.30, I served the prisoner with a half-pint of beer—he put down one shilling; I tested it, and told him it was bad—he said that he thought he knew where he took it, and he would take it back—I said that he must pay for the beer, and the landlord said so too—two men were standing there; one of them gave him a penny to pay for the beer, and I gave him back the shilling—the two men stopped a short time longer, and then left; Mr. Westley then closed the house and went after them—I bent the shilling; and this (produced) looks like it.

EDWARD WESTLEY . I keep the Coach and Horses, Kay Street, Clerkenwell, about three minutes' walk from the Horseshoe and Magpie—I heard the prisoner come in and saw him served by the last witness, who when he tendered the shilling said that it was a bad one—he said that he did not know it was bad, but knew where he got it, and would take it back—he said, "I have very near drunk the beer, I may as well finish it"—she said, "You will have to pay for it," he said "I have no money"—I went round and told him he would have to pay, he said that he could not—two men there sympathised with him and said "That is hard lines, a man may have a bad shilling and not know it"—I said "I will call a policeman and see how much bad coin he has on him"—one of the men then paid the penny for him—he asked for the coin to take it back in the morning, and went away—I went out and saw him join the same two men, who whistled to him, and they all went away together—I followed them to Theobald's Road and gave them into custody, but one ran away—the two were searched on the pavement, one was let go, and the prisoner was taken to the station.

HENRY HURCOMB (Policeman G 42). On 9th October, about 12.45 a.m, Westley pointed out the prisoner to me, two men and a boy were with him—one of the men escaped—I took hold of the prisoner and told him he would be charged with attempting to utter a counterfeit shilling, he said that he did not know anything about it—we searched him and found a sixpence and five pence good money—while I was searching his right pocket he dropped this bad shilling, which Wright picked up and gave to me—the other two were allowed to go, as no money was found on them—the prisoner said that he took the shilling from his aunt, Mrs. Hicks, 15, Saffron Hill—there is no such number there.

WILLIAM WRIGHT (Policeman G 48). I was with Hurcomb and picked up this shilling which I saw the prisoner drop—the other man and the boy were allowed to go.

WILLIAM WEBSTER . This shilling is bad.

GUILTY Twelve Months' Imprisonment .

Reference Number: t18781021-860

860. GEORGE PRITCHARD (31) , Robbery on William Berry, and stealing an umbrella and a locket his property.

MR. PURCELL conducted the Prosecution.

GEORGE PHILPOTT (Policeman S 170). On 23rd September, about 12 p.m., I was on duty in Exmouth Street, Hampstead Road, and saw the prisoner with this umbrella (produced)—I questioned him as to how he came by it—he said that he was drinking in the Palmerston with a friend who was very drunk, and he thought he would take care of his umbrella for him—I took him there, he then said that it did not happen there, that he had been drinking with another man and a stranger, in a public-house, and he thought he might as well have it as anybody else, and he took the umbrella and triedto get the watch but could not—I took him to the station and then went after the prosecutor.

Cross-examined by the Prisoner. You had been drinking.

WILLIAM BERRY . I live at 232, Liverpool Road, and am a clerk—on 23rd September, in the evening, I was passing through Stanhope Street, and went into a public-house, where the prisoner and another man forced their conversation on me and asked me to have a glass of ale, which I refused, as they were strangers—the prisoner said "If you won't have one at my expense

treat me," and I paid for two glasses of ale and left the house—I had not gone far down Stanhope Street when the prisoner knocked me down and attempted to take my watch and chain, but I held on to it and shouted "Police"—he ran off with my umbrella and locket, which was attached to my chain by a ring—I have not seen it since—this is my umbrella—I went to the station and gave information.

The Prisoner's Statement before the Magistrate. "I do not recollect being with the gentleman at all."

Prisoner's Defence. I know I had the umbrella, that is all I know.

GUILTY .— Twelve Months' Imprisonment .

FOURTH COURT.—Tuesday, October 22nd, 1878.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18781021-861

861. JOHN HAMILTON (24) PLEADED GUILTY to maliciously in the night time committing damage to the amount of 10l., and assaulting William Holding,, a police constable, in the execution of his duty.— Eight Months Imprisonment .

Reference Number: t18781021-862

862. THOMAS ENNESS (25), SAMUEL COHEN (50), and CORNELIUS CAREY (37) , Stealing 5 yards of cloth of Edward Pritchard, the master of Enness, to which ENNESS PLEADED GUILTY .

MR. PURCELL conducted the Prosecution; and MR. MONTAGU WILLIAMS

defended Cohen.

ROBERT OUTRAM (City Detective Sergeant). In consequence of information I took Enness, and on Thursday, 19th September, I went to Carey's house in a court in the Minories—I told him I was a detective, and that he was charged with receiving two pieces of cloth on Saturday last, and I should take him in custody, and whatever he said would be given in evidence against him—he said "Me receiving cloth; I have not received cloth"—I took him to Cohen's cloth and trimming shop, and said to Cohen "I am a detective sergeant, and have come to see you respecting some cloth; do you know this man, Carey?"—he said "No;" he afterwards said "I think I have seen him about the neighbourhood"—Mr. Pritchard, who was with me, took two pieces of cloth from a heap, and said "These are the two pieces taken on Saturday last"—Carey said "I will tell the truth, I did have the two pieces of cloth, and sold them to him, and he gave me 12s. for them"—I said "You hear what this man says"—Cohen said "12s.; I gave you more than that"—Mr. Pritchard said "I can swear to this, and this," as he took different pieces down—Cohen said "I will not doubt your word; if you say they are the goods, take them, it is no use kicking up a fuss"—Carey said "I will tell you the truth, I have had about eight pieces of cloth, and sold them to you"—I asked Cohen if he had any invoice or books to show from whom he purchased them—he said "No; being no scholar I don't trouble about invoices or books"—on another occasion I searched and found about 30 bundles, 104 pieces in all, in Cohen's shop.

Cross-examined. It is what they call a piece shop—the prosecutor was doubtful about some short pieces.

EDWARD PRITCHARD . I am a tailor of Fenchurch Street—Carey has been in my employment 14 years as a workman—it was not bis duty to take any lengths of cloth from my shop, only cloth cut up for garments—I have been

missing cloth some time, and I found that my stock had been disturbed and gave information—I afterwards went to Cohen's shop in Whitechapel, and saw two rolls of cloth, and recognised one roll which I had missed on Saturday—I also found a quantity of other property which I identified—some of it bears numbers wove in, which I swear to, as my invoices from the manufacturer bear the same numbers—the value of what I found in Cohen's shop is 50l. or 60l., but my loss has been about 800l.

Cross-examined by MR. WILLIAMS. The value of the numbered pieces is close upon 2l.—I identify the others by the patterns—I do not say that those patterns are not made for other people—I could not have sworn to them if I had found them at Nicolls's or Moses's the tailors, but I missed lengths, quality, and patterns similar to what I found—brokers deal in remnants—a proper piece-broker would not buy at cloth sales—I have no doubt that all these goods are mine—I never expressed any doubt othe officer.

Re-examined. They are not remnants, the smallest length found on the premises is two yards.

WILLIAM SIMMONDS . I am housekeeper at the house where Mr. Pritchaid's shop is—I have seen Carey and Enness going to and fro for four years, and generally before 9 o'clock, when nobody but Enness would be here.

Cross-examined by Carey. I have sometimes seen you there three or four times a week of a morning.

THOMAS ENNESS . (The Prisoner). I have been 11 years porter and collector to Mr. Pritchard—1. have pleaded guilty to stealing 2 bundles of cloth on Saturday, the 14th—I gave them to Carey, who was also in the employ—I did not tell him what to do with it, but he would dispose of it—I do not know Cohen, I have never spoken to him—I have given trousers lengths of cloth to Carey many times, and he disposed of them, and generally gave me. 3s. for six yards—(Seven large bundles of cloth were handed to the witness, from which he selected 102pieces)—I identify these as what I gave to Carey or his little boy—I usually gave them to Carey on a Saturday, about 9 a.m.—he sometimes had business to come as early as that when a job was wanted particularly—I was alone on the premises at that time.

Cross-examined by MR. WILLIAMS. I identify the whole of this property As my master's—it was taken away in a wrapper, and about 100 times—this represents as near as possible the whole of the property I stole from my master—I have not stolen 900l. worth.

Cross-examined by Carey. I gave you or William all those parcels,' not every Saturday morning, there might be a fortnight or three weeks intervened—I have seen you there in the morning when you have been at work-all night, but your son has come in and I have given him a parcel—he knew what to do with it—I have not told him to bring the parcel to a certain place and bring me the money—you have not told me you would tell Mr. Pritchard, nor have I promised not to do such a thing again.

Re-examined. Carey has given me money on a great many occasions.

Witnesses for Cohen.

LIPMAN LAVINE . I am traveller to D. Hyam, a wholesale clothier, and was very nearly seven years a piece-broker—piece-brokers buy remnants from eight to fifteen yards long—there is no way of identifying cloth except by the marks, unless it is a particular mark—travelers in the woollen trade call upon nearly every tailor, and supply them with goods of this description—remnants are purchased at greatly reduced prices.

Cross-examined. I was not called at the police-court—I call these pieces remnants—piece-brokers buy what the hollowings of trousers are cut from;they are long enough to make waistcoats.

HYAM BARNETT . I have dealt in clothes thirty years, and buy of everybody—I have sold goods to Cohen from time to time for fifteen or twenty years: remnants sometimes of two yards, and sometimes ten—five or ten yards are only remnants, but I have bought rolls of master tailors at the close of the season—I have known Cohen twenty years; he is a very respectable man,

Cross-examined. Twenty yards is a remnant; we consider everything a remnant except a whole piece.

SYMONS. I live at 51, Hampstead Road, and am in the habit of buying travellers' job lots of cloth and remnants, sometimes under half the original price—I have known Cohen all my life; he is an honest, respectable man.

Cross-examined. Five or ten yards is a remnant; Icannot say whether twenty yards would be.

DAVID COHEN . I am the prisoner's son—I recollect Carey bringing him two pieces of cloth—my father gave me 22s. to pay him—that was on the Saturday before he was apprehended.

HENRY HYAMS . I am a clothier and job woollen buyer, of Bow Road—I bay cloth at auctions, and sell remnants to piece-brokers—I have sold remnants to Cohen at times—I call ten yards a remnant; under that would be more unsaleable—remnants are purchased at very much less than the price per piece.

GEORGE BRADMAN . I am a tailor, of Chapel Place, Belgrave Square—I purchase remnants from piece-brokers, sufficiently long to make a pair of trousers or a coat, to the length of two yards.

Cross-examined. I should not call ten yards a remnant.

Cohen received a good character.

Carey's Defence. What Mr. Cohen's son has stated is false. He says he gave me the money on that Saturday, but he never went there at all My little boy, not 9 years old, went into the shop with a ticket of a waistcoat to Enness, who gave him a parcel, and the boy took him back the money.

GUILTY .—COHEN —Eight Years' Penal Servitude . CAREY— Five Years' Penal Servitude . ENNESS— Two Year's Imprisonment .

Reference Number: t18781021-863

863. ROBERT COSTIN (39) , Stealing five dozen pairs of gloves of Samuel Morley and others in a vessel on the Thames.

MR. TICKELL conducted the Prosecution; and MR. AUSTIN METCALFE

the Defence.

ROBERT WRIGHTSON . I am warehouseman to Messrs. Morley in the kid glove department—I prepared 31dozen of kid gloves in September, and left them in the department to be collected—I identify these gloves (produced) as part of them.

WILLIAM HENRY TURNER . I am in the shipping department of Messrs. Morley—it is my duty to pack cases to be consigned abroad—on 22nd September I packed a case for Hampson and Hathway containing nine parcels—I did not see the gloves; they were two up in boxes, the numbers of which are on my ticket, which I signed—Mr. King, the entering man, makes out the ticket—I do not know that a single glove went into the

case—the box was marked "H. H." in a diamond, 35-57—1 saw it nailed down; it was full—it did not go away empty.

WILLIAM COLLIER . I am a carman to Pick ford and Co.—on 27th September I received three cases from Messrs. Morley, took them to the Victoria Docks, and delivered two of them to Mr. Hazell; they were then secure—he signed this receipt for them in Morley's book—I cannot say what the marks were.

JAMES WILLIAM HAZELL . I am striking foreman of the Victoria Docks—I have signed this entry of 27th September as receiving in good condition and perfectly sound a case marked "H. H." in a diamond, and "Calcutta" underneath—this (produced) is the shipping note which I received from the carman who brought the goods.

GEORGE ERRINGTON . I am in Mr. West's service as a stevedore—on 28th September the prisoner was engaged under me as far as Gravesend in loading the Grease, bound for Calcutta—he left on Saturday, the 28th, about 12.30 in the day—I have an entry of his being paid for his work that day—I have known him about four years.

Cross-examined. He bore a good character during those four years—we do not hire men regularly, but only as we want them—three small gangs were employed in loading the vessel, some in a barge, some on the ship, and some in the hold—I cannot say where the prisoner was; the foreman, who is not here, places the men—the prisoner might have been in the barge part of, but not all the time—the barge only went as far as Gravesend, where I paid the prisoner.

MARGARET DUNN . I am the wife of Daniel Dunn, of 11, Burdett Koad, Bow—I keep a wardrobe shop, and have known the prisoner about three years—on Saturday, 28th September, between 10 and 10.30 p.m., he called and asked me if I would buy some gloves, as he thought he had a few which would suit me—I looked at them and said "What do you want for them?"—he said "2l".—I said "I have not got any money now, if you like to leave them till Monday night I will give you 35s."—he left them, and on Monday I paid him 30s., owing him 5s.—there were 4 dozen pairs, and when the prisoner was taken I had 18 pairs—they were separate, like these—he afterwards called for the 5s.—I said "I have not got it now"—he offered me some locks, but they were not in my way—he called again next evening and the police were in the parlour—I said "What do yon want now?"—he said "I have a few more of those gloves, if you like to have them you can, if not there is no harm done"—he left them and went away—I gave them to Sergeant Hancock—there were 3 1/2 dozen, packed in half-dozens—these are them (produced)—he asked me 30s. for them—about February last he offered me these three military sashes for sale, which he said he got cheap from a friend.

Cross-examined. I thought I was giving full value for the gloves.

EDWARD HANCOCK (City Detective). On 2nd October Gilbert and I watched Mrs. Dunn's shop and saw the prisoner enter about 8 o'clock with a parcel in a silk handkerchief—he left the parcel; I examined it; it contained these 3 1/2 dozen of kid gloves—he returned in about 10 minutes; I tapped him on the shoulder and said "I am a police officer, yon brought some kid gloves here on Saturday, and some tonight"—I took him in and showed them to him—he said "I am selling them for another man"—I asked who he was—he said "I don't know"—I said "What

is your name?"—he said "Robert Wilson, J——Street, Bow Common"—I told him what I believed his name to be, he said "Yes," and I tool him away—I went to his house and said "I believe you have a quantity of brass locks?" he pulled out these locks (produced) from between the bed and the mattress—I am informed that they are packed ready for shipping—I took him to the station.

Cross-examined. He told me that he got them from Harry Thompson—I made inquiry, but could not find such a man—he has never given me a description—his wife went with me at my request to find Thompson, but she could not describe him—she first said that he was tall and rather stout, and afterwards that he was thin and rather short—it will be impossible to say for some months to come whether the locks are stolen.

WILLIAM WOOLOOTT . I am buyer in Messrs. Morley's glove department—I have carefully looked through these 3 1/2 dozen and 1 1/2 dozen of gloves, and identify them as Messrs. Morley's property—some of them are packed as we pack for exportation only—they were made abroad for us for a special order from Calcutta, except four dozen—in 31 1/2 dozen packed there were five different sorts, and I trace here some of every line, and one most distinctly of a peculiar shade of colour—they also correspond in size—I find some of each size—we sell such gloves at home, but never packed in this way—two dozen of them are men's two-button gloves, and we do not sell many of those here—I do not know the prisoner, and did not sell him the gloves—they average 35s. per dozen.

Cross-examined. We bought them of Croppock and Co., of Chaumont—no one from there is here—they came from Colin Ransom, of Brussels; no one from there is here—they manufacture thousands of gloves, but only for Morley and Co. in this country—they would not supply you at double price—I do not know that these are contracts which are broken every day—they have agreed to sell to us alone, and some of their gloves bear our registered mark—they are interleaved with tissue paper for exportation—if they did sell to other persons in this country, they would not bear our trade mark, which the manufacturer puts on.

ISAAC GILBERT (Detective Officer). On the night of 2nd October I searched the prisoner's place, 1, Rumor Road, and in a box at the foot of a bed I found 12 cambric handerkerchiefs, five pieces of lace, eight pieces of lace trimming, five pairs of kid gloves and a sash (produced), also three bottles of handy.

WILLIAM HENRY KING . I am in the shipping department of Messrs. Morley, and superintend the entries—I remember entering these 31 1/2 dozen kid gloves for packing—I saw them on 28th September, and they were taken to the dock for shipment—they certainly left the premises.

Cross-examined. I should be able to identify that parcel, but not every parcel I pack—I enter the description of them in a book.

CHARLES WALSHAM HOBSON . I am one of the firm of Hobson and Son, military outfitters, 38, Little Windmill Street—on 19th November, 1877, six sashes were packed in a case to be shipped to Zanzibar by the Agra, lying in Victoria Docks, and we sent it by Pickford's—it was marked "S. B.," in a diamond—I made an entry in a book, and this paper is a copy of it—there was only one box from us by the Agra that day—it was a wooden box with a tin lining soldered down—there were then six sashes in it.

Cross-examined. This is a British Infantry scarf—we have not the monopoly

of making them. but our name is stamped on it—we make sometimes 200, sometimes 100, and sometimes 50 in a year.

By the COURT. We have since sent another parcel to Zanzibar, containing five or six sashes.

THOMAS CLAYTER . I am in the employ of Messrs. Pickford, the camcarriers—on 20th November, 1877, I delivered a case for them in Victoria Docks forwarded by Osborne; it was then in good condition—this is the delivery note signed by the dock foreman Hicks—it was a small military case, weighing 1001b., marked "S. B.," in a diamond, and "71" underneath—I have not got the shipping note, the dock company keep that.

WILLIAM WOODBINE JOHNSON . I am a striking foreman at Victoria Docks—on 20th November, 1877, I reeeived a case marked "S. B.," in a diamond, Zanzibar, on account of Gray, Daws, and Co., to go by the steamship Agra—this is my book, it is initialled "W. W. J".

GEORGE ERRINGTON (Re-examined). This is my book, by which I find that the prisoner was at work on 21ST November, 1877, but in the named Butcher—he was also at work on 22nd, 23rd, and 24th, loading the Agra.

Cross-examined. I did not know his right name when he first came to work; I did afterwards—he first came about four years ago—I knew his right name on 21st November, but I put Butcher because that is the name he always went by—there has never been a man named Butcher working for us.

GUILTY of receiving. —Eighteen Months' imprisonment .

Reference Number: t18781021-864

864. TIMOTHY LEARY (46) , Feloniously forging and uttering a request for the payment of 4l. 5s. with intent to defraud.

MR. PURCELL conducted the Prosecution; and MR. DENISON the Defence.

JOHN WALLER HYAM . I am manager of the Maritime Bank, Victualling Office Square, Tower Hill—I was sent for on 19th September, at 2 p.m., and saw the prisoner in Mr. Sloman's office, a tailor and outfitter—in consequence of information I asked him where the advance note was; he gave me this advance note (produced); I asked him when he signed articles in the ship; he said that morning at 11.30—I said "Where?" he said "Across at the shipping-office," and he wanted to leave 2l. for his mother and have the balance in cash—I searched my books and came back and got a constable, and went to the shipping-office with the constable—I asked the prisoner in the constable's presence if he still wanted the note cashed—he said "Yes," and I gave him in charge for attempting to obtain money by a forged document—he said "All right"—the constable asked him in which compartment he signel; he said that he should not answer any more questions.

Cross-examined. He gave me the note at once. (This was for 4l. 5s, payable three days after the sailing of the ship Zanziberg.)

THOMAS SHEPPARD (268 P). On 19th September I was on duty outside the shipping-office, Tower Hill; Mr. Hyama called me; I went to Mr. Sloman's office—I found the prisoner there—Mr. Sloman said "This man has come to change a false note;" I said "How do you know it is a bad note?" he said "It is a bad note"—I took the prisoner to the shipping-office and into the signing-room, and asked him to point out in which compartment he had signed—he said "I am done; I shall say nothing more; do as you like"—on the way to the station he said "I should not have done it only I wanted to make a pound or two for my poor old mother before I went away."

WILLIAM POWELL , I am one of the superintendents of St. Katherine Docks—I know no ship named the Zanziberg, and no Timothy Leary.

The Prisoner's statement before the Magistrate was that the note was given him to get cashed by a man of the same name as himself and that he did not know it was bad. GUILTY of uttering. —Six Months' Imprisonment .

OLD COURT.—Tuesday, October 22nd; and

~THIRD COURT, Wednesday and Thursday, 23rd and 24th,1878.

Before Mr. Recorder.

Reference Number: t18781021-865

865. JOHN BOWEN (24) , Feloniously forging and uttering a warrant for 17l. 10s. with intent to defraud.

MESSRS. METCALFE, Q. C., and BAGALLAY conducted the Prosecution; and MR. SIMS the Defence. REBBCCA LISTER. I am sub-postmistress at Frogmore End, Herts; on 14th September the prisoner came to that office—I supplied him with two post-office orders, one for 1s. and the other for 1s. 2d.—these are the orders; they have since been altered to 17l. 10S., and the names are different—I for forwarded my letters of advice in the ordinary way.

ARTHUR BENSON . I am one of the firm of Benson and Sons, watch makers, of Ludgate Hill—on 17th September I received this post-office order for 17l. 10s, also this letter, directing me to send a gold chain to the Boxmoor Post-office—I was struck with the fact of its being for 17l. 10s, as I knew the Post-office never issued orders over 10l.—I communicated with the Post-office authorities, and by their direction the same day we sent the chain with a letter of advice to the Boxmoor Post-office.

CHARLES LEVITT . I am clerk to Mr. James Benson, of Ludgate Hill—on 15th September I received the letter from the last witness; in consequence of that I made up this packet, containing a gold Albert chain worth 17l. 10s, addressed to J. Hopkins, Boxmoor Post-office—I took it to the General Post-office and got it registered—at the same time I sent this letter of advice to the Boxmoor Post-office.

WILLIAM LEE . I live at Green End, Boxmoor, and work at Messrs. Austin s—on Tuesday, 17th September, between 11 and 12, I saw the prisoner by Fishmere Lane—he asked me if I would go and fetch a packet for him, and a letter, from, the post-office, and he would give me sixpence—I said I would go and ask my mistress; I did so, and then went—the prisoner gave me a piece of paper like this to take to the post-office—I saw Mr. Stevens there; he asked me some questions, which I answered—the postmistress handed me this packet and letter—I put my mark on the receipt—I took the packet and letter and gave it to the prisoner; he was between some houses, peeping round the corner; I said something to Mr. Stevens—I saw the prisoner running away; Mr. Stevens followed him.

CHARLES JAMES STEVENS . I am in the missing letter department of the Post Office—in consequence of instructions I communicated with Mr. Benson—I was aware of the sending of the chain—I went to the Boxmoor Post-office in company with Mr. Horton—I saw the boy come to the office; I followed him from the office—he made a communication to me, and I went in pursuit of the prisoner with Mr. Horton and a constable; he was crossing a common or meadow—when I got within about 150 yards of him he turned round, and as soon as he saw us he ran away; we followed him

with a hue and cry and "Stop thief" he ran across the common for some distance, and then took to the road till he came to a gap in the hedge; he got through that, crossed a field, and over the railway; at that point several other persons joined in the chase—he came to a bank of the railway, and was obliged to return; he got over a gate, where his clothes caught in some nails; he hung there for a few moments till his clothes gave way and he dropped down, and ultimately he ran into a house close by, where he was captured—I came up and said, "What have you done with the packet the boy gave you?"—he said, "I don't know, you have worried me so"—the packet was found under a couch in the room where he was—it was in the same state as it is now, bearing the post-stamp of that day—I went back to the place where he had hung by the nails, and there found the letter of advice—after the prisoner was taken to the post-office at Boxmoor, he said he had been sent to the post-office by an American, a friend of his, to call for it, and he was to have 5l. for the job; "he gave me 10s. on account this morning, as I had not enough money to travel with"—I then produced the moneyorder for 17l. 10s., and said, This was received by Mr. Benson, of Ludgate Hill, yesterday, with a letter requesting that a gold chain might he sent of the value of 17l. 10s; I also produced the advice, and said that had been taken out at Frogmore End for 1s., and had since been altered to 17l. 10s.—he said, "I took out the order, and afterwards handed it to the American, who afterwards gave it back to me with certain instructions"—I asked him his name and address, and he said, "J. Bowen, 27, Leighton Road, Haverstock Hill"—I then directed Warboys to search him, and saw him take from his pocket these two memorandums; one is a request for letter to be given up at the post-office, Hatfield, in the name of Parkinson, and the other is a list showing that five orders had been obtained for 5s. 10d. and altered to the amount of 84l. 15s.—I then said, "Were you going to call at these places for the other packets, had you not been stopped here?"—he said, "Yes"—I afterwards communicated with King's Langley Post-office, and received from there a packet sent by Streeter's on the same day to H. Shand, Esq., Chipperfield, King's Langley.

Cross-examined. He said he was to meet his friend the American at the Watford Railway Station at 2 o'clock—he said the man's name was either Perry or Parry—the prisoner gave his own correct address—I did not find any other document but those produced.

NATHAN CLAYDEN . I am clerk to Mr. Streeter, jeweller, of New Bond Street—I received this letter, "Please to send me by return of post, gold Albert chain, large links, I think 17l. 10s. I saw one at your place; however, it must not exceed that amount, and any difference please return. The gold hunter I had of you has had the case very much indented, can you set it right? Please to send to King's Langley Post-office, as it is nearest to us having to send so far for letters. H. Shands, King's Langley Post-office, Herts"—the letter contained this post-office order for 17l. 10s.—in consequence of that letter I sent this packet, containing a gold Albert chain, to the address. given—I know the prisoner by sight as living near me, carrying on the| business of a chemist.

JOHN WARBOYS (58 Herts Constabulary). I accompanied Mr. Stevens on 17th September, and with him followed the prisoner all the way into the house—I searched him, and took these two documents from him—I saw him throw this packet under the couch—I searched him, and found these two

papers, this list and this other, "Please send by bearer any letters you have, addressed to Mr. E. Parkinson, Post-office, Hatfield"—that is one of the names mentioned in this list.

Cross-examined. I did not pick up any paper in the course he was running, I went to look next day—I saw Mr. Stevens pick one up.

MR. STEVENS (Re-examined). I have looked at the handwriting of these letters and believe them to be in the same writing.

GUILTY of uttering ,

Reference Number: t18781021-866

866. JOHN BOWEN was again indicted for feloniously forging and uttering an order for 6l. 12s. with intent to dafraud.

ELIZABETH NORRIS . I was in charge of the branch Post-office in Oxford Street—on 29th August the prisoner came for an order for 1s. 3d., which I gave him—it has been altered to 6l. 12s., and the name is not the same as I advised.

GEORGE PAYNE . I am foreman to Mr. Scales of 5, Ladbroke Grove Road, Notting Hill—on 29th August the prisoner came to me with this money order for 6l. 12s.—he asked me to change it for Mrs. Laurie, 108, Ladbroke Grove Road, as she had no change and wanted to pay some one who had come from Mr. Peter Robinson's—I told him the order was not signed, and he took it away and returned with it in a quarter of an hour signed as it is now, and I gave him the money for it.

MARION LAURIE . I am a widow, living in Ladbroke Grove Road—I know nothing of the prisoner or this order.

GUILTY Seven Years' Penal Servitude .

Reference Number: t18781021-867

867. FRANCIS HENRY LAYLAND (33) , Unlawfully failing to discover to his trustee, when his affairs were in liquidation, part of his estate. Other counts for fraud and conspiracy.

MR. BULWER, Q. C., with MESSRS. BESLEY and J. P. GRAIN, conducted the Prosecution; and MR. METCALFE, Q. C., with MR. F. H. LEWIS, the Defence. ALFRED LOVE. I am a clerk in the London Bankruptcy Court; I produce the file of proceedings in the liquidation of the defendant, trading as Henry Layland, of 20 1/2, Great St Helens, Bishopsgate Street Within, merchant, dated 16th July—there is a list of creditors returned, to whom the notice of the statutory meeting was to go; the date of that meeting is 9th August, 1877, at which Mr. William Ible was appointed trustee, and Mr. Roberts and Mr. Kauffman, and others, a committee of inspection—there is a statement of affairs to 16th July, 1877, filed on 13th August, 1877—the total debts are 26,389l. 11s. 2d, and the assets 18,092l. 12s. 3d—in the list of creditors there is the Patent Shaft and Axletree Company, Limited, 1,558l. 12s. 8d, Brown Roberts, 1,214l. 15s. 4d., Mr. William Ible the trustee 4, 278l. 7s. 6d, Rerchell 169l. 4s., Desaix 411l. 9s. 3d, Roy and Co 192l. 4s. 8d, Josiah Parkes 210l. 14s. 3d., Wood and Wright 229l. 12s., Nicholson and Co. 889l. 8s., Critchley, Armstrong and Co. 415l. 10s. 1d., Dunlop and Colley 194l. 9s. 4d., Queenboro'Chemical Company 278l. 5s. 7d., Mattheson and Co. 609l. 4s. 6d., and Chadwick Brothers 463l. 15s.; there is a list of book debts making 15, 811l. 15s. 11d.—Messrs. Miller and Co. appear as solicitors for the trustee.

Cross-examined. There is an examination of the prisoner by Mr. Miller, dated 18th June, 1878, before the Registrar—the date of the order to prosecute is 11th May, 1878.

MATTHEW WILLIAMS . I live at 34, Castle Street, Holborn, and am a

process-server—I was employed by Messrs. Pignam and Smiles, of Bedford Row, Solicitors, to serve a writ on the defendant for 783l. 6s. 4d. and costs—I served it on 20th June, 1877—the writ was dated the 19th—I produce the judgment paper in that action dated 10th July, 1877, for 785l. 11s. 4d. Cross-examined. The execution creditor was the Patent Shaft and Axletree Company, Limited.

ALBERT HENRY NICHOLSON . I carry on business at 157, Fenchurch Street—on 14th June, 1877, 1 handed to Mr. Coombes, my agent, these two warrants; they are endorsed by me deliverable to Henry Layland or order for 450 and 45 barrels of resin lying at Mellish's Wharf—I drew this bill on Layland for 899l. 8s. at two months from 12th June, which came back accepted by Henry Layland—I don't know his writing, it purports to be for resin, ex Rhine from New York—when the bill fell due the defendant had gone into liquidation—up to that time I had not heard of Charles Devereux Robinson—I have proved for that amount in the defendants liquidation—I have not received any dividend at present.

Cross-examined. I conducted the transaction entirely through Mr. Coombes, I believe he was offering the resin to Layland in February, 1877, and I think at a higher price, it is an article that varies in price like other things—I am not prosecuting in this matter, I declined to do so, the great majority of the creditors and of the committee of inspection are of my mind; they wished the estate wound up for the benefit of the creditors, the trustee does not join in the prosecution; it is chiefly, almost entirely, Mr. Kauffman and Mr. Roberts.

Re-examined. I have not had any consideration for withdrawing from the prosecution, I was not to receive my debt—I was advised by my solicitor, Mr. Chapman, to compromise the matter, and have received nothing; Mr. Chapman recommended me to receive 400l., of which he was to receive 225l

NATHANIEL EDWIN COOMBES . I am a commission agent in the City—I know the defendant, I effected a sale to him on behalf of Mr. Nicholson of 496 barrels of resin in June last year—I received the warrants from Mr. Nicholson, also this draft on Layland, which I handed to him and received back accepted as it is now in his handwriting.

Cross-examined. I offered the resin for sale in February at a slightly higher price—the market varies a good deal for resin—it has been sold as high as 18s. or 20s, and as low as 10s, 8s, or 7s—it is a peculiar article for particular purposes—I have acted for other gentlemen as well as for Mr. Nicholson—I have done business with the prisoner to a considerable amount, some thousands of pounds—up to the time of his failure he has always paid me honourably and fully—he paid me 212l., a bill due on 30th June—I was not pressing him at all then—I always found him conducting his business honourably and fairly—I ship goods to India and the colonies, and have been largely engaged in that class of business for many years—it is usual when shipping for India to put it into the hands of an agent and get an advance of from 75 to 80 per cent against the bills of lading and invoices—it is the ordinary practice to draw a bill of exchange on the consignee and get it cashed through the agent here, and when the goods are realised the difference is either deducted or paid over—since the famine the Indian trade has broken down the markets very considerably on nearly all classes of goods, and there have been many failures in consequence.

Re-examined. This particular class of resin is used for making the best class of soap.

EDWARD HENRY HUBBLE . I am managing clerk to Ingall, Phillips, and Co., proprietors of Mellish's Wharf, Mile End—these warrants for 250 and 200 barrels of resin, deliverable to Nicholson and Co., dated 12th February ind 12th March, 1877, were issued from our wharf and transferred to Henry Layland by Mr. Nicholson's endorsement—these two fresh warrants were made out deliverable to Austin, dated 14th June, 1877—Robinson and Co. lodged those warrants and got fresh ones in their name on 21st June—on this order this warrant for 46 barrels, dated 14th June, was made deliverable to W. Bird.

Cross-examined, These warrants are in the ordinary course of trade, we receive constant transfers from name to name—whatever charges were incurred were paid by the prisoner at the time of the transfer, we should not part with them without.

JOSEPH STEWART . I am clerk to Messrs. Rose, Wilson, and Rose—these two warrants were brought to me by Robinson who had them changed into his own name—he placed them in our hands for sale—we made him an advance of 350l. by this cheque—we afterwards realised the resin at 454l. 7s. 10d.—there were 450 barrels, all but the 46, they went abroad—I sent the account sale to his address at Gresham House on the prompt day, at the same time handing him this cheque for 104l. 7s. 10s., being the balance over and above what we had advanced—both these cheques have passed through our bankers and have been paid.

CHARLES ROBINSON . I am now undergoing a sentence of imprisonment for fraud—I pleaded guilty at the last January Sessions here—I am 25 years of age—in 1875 I was in business and became bankrupt—in the course of my business I knew the prisoner and had one or two transactions with him—he knew of my bankruptcy—I was introduced by Mr. Bouquet, a relative of mine—I passed my public examination but did not get my discharge from my creditors—in 1877 I was employed by Mr. John Abbott, of the Stock Exchange, who published the Vade Mecum—I was trying to publish the pamphlet for him, and he was to pay me 3l. a week—I had a small room at the top of Gresham House—about the end of June or the beginning of July, 1877, I met the prisoner by Crosby Hall and stopped and spoke to him; he asked where I had been—I said "To the West Indies," and told him what I was doing—he said "If you come up to my office tomorrow I will give you something to do"—I went and he showed me some samples of resin and asked me if I knew what it was—I said I did not—he said "Oh, that is resin, and I want you to sell it for me"—I said "I do not know where to sell it or anything about it"—he said "Oh, I will tell you all about that"—I went into his inner room; he had. two small private offices—he said I was to sell it in my own name—I told him that I was very hard up, that I had a wife and child and no money—I believe that he lent me some money at that time—he gave me a watch, which I pawned—the next day he came up to my office, and we went and had some dinner together at Crosby Hall—I afterwards went to his office, and sat there most of the afternoon with him—he then told me that I was to sell this resin and to get an advance upon it, and to mentioned two or three firms of whom he thought I might be able to get the advance—first of all he mentioned Nutter and Pinchin—I happened to

know one of the firm by sight—he also mentioned the name of a firm at 85 or 89, Gracechurch Street, which I forget—I went to the different houses he mentioned, but could not get an dvance—the prisoner told me that the warrants were to be made out in my name, so that the name of Layland should not appear—I wrote instructions to Mellish's Wharf to that effect, and paid the charges, and I had fresh clean warrants made out in my own name—I had no banking account at this time—the prisoner said that it was expedient that I should have one, and he asked me if I could get my father to introduce me to the manager of the Imperial—I said I would see my father, but I did not, I would not have his name mentioned—he is a clerk in one of the London banking houses—I told the prisoner next day that I had seen my father, and that I was going on to the Imperial next day—the prisoner gave me a 50l. note to open the account with—I said I thought 50l. was a small amount—he said, "If they ask you anything say that your capital is locked up in resin"—I told that to the manager at the Imperial—while I was in the bank the prisoner was waiting ouside for me, and when I came out I joined him, and told him that I had opened the account—he said that I was not to press the resin for a day or two, as possibly the manager, knowing who I was and how I was connected, might, if I took the warrants on there, not make an advance upon the resin—I waited a day or two, and then made the application, but the manager would not advance—I told the prisoner so—he said it was very annoying; that he wanted some money—he then mentioned the firm of Rose, Wilson, and Rose, and he gave me the warrants back and told me to take them on there—at first they refused, but they afterwards advanced 350l., which they paid me in a cheque, and I immediately paid that into my account at the Imperial—I went to the prisoner's office, and told him what I had done—he said he wanted 250l. that day—I told him I would go on to the bank and get it at once—he said, "How are you going to draw it?"—I said, "By open cheque"—he said, "Make it payable, to a number," and he gave me two numbers to draw it to—9142 was one, and I drew the cheque to that number or bearer for 91l. 4s., and another for 100l. 13s. 4d.—I did what he told me—I immediately went on to the Imperial and got the cheques cashed—I received 50l. in gold, and the rest in notes—I went back to the prisoner's office and showed him the money, and offered it to him—he told me he would not take the notes, and he told me the manner in which to get it done so that there should be no trace of the money—he said, "You must get the notes changed at the Bank of England into gold, and get fresh notes," because he did not want any to. be traced to him; he did not want his name to appear in the matter at all—I then went to the Bank of England and cashed the notes for 250l. in gold—I went to Reeves's refreshment house in Pope's Head Alley to lunch; I there met my cousin, Mr. Bouquet, and I gave him the 250l. in gold, and he brought me back some notes with a small difference, which he told me the bank had charged because some of the sovereigns were light—the money was in 10l. notes, one 5l. note, and the rest in gold—I went to the prisoner, who was waiting for me at Crosby Hall, and gave him the money, and he gave me back the gold for myself—he took possession of 245l. in notes—I do not know what he did with them—shortly afterwards I received a cheque from Wilson and for 104l. 7s. 10d.—it was sent to my office—Mr. Bouquet called for it, and I got it from him—I paid that cheque into the Imperial Bank into my own account

—out of the money I received for the resin I paid altogether about 60l. on the prisoner's account, exculsive of some money that I had paid to get rid of an execution—I drew cheques for it—the last part of the money was paid to Mr. Wright, the Sheriff's officer, about the 11th July—a day or two after I had given the prisoner the 250l., he said in order to make the matter look like a business transaction I must give him accommodation bills for the amount of the resin, to pass through his books, and he sent his clerk out for two blank forms, and he drew the bills out to make up the amount—he had previously made an invoice of the resin to me, to make it appear as if Robinbson and Co. had actually bought the resin—he drew out the invoice to the amount of 882l. 7s., and I put a receipt stamp upon it—no correspondence had passed between us in reference to the resin, but he asked me to write out two or three emorandums, purporting to come from Robinson and Co., asking his price for the resin—I did that, and the papers were put into his pigeon-holes—a day or two after I had given him the bills he told me that he had been served with a writ that day—he showed it to me and said he was about stopping payment—the writ was for an amount of 700l. or 800l. on some action that had been brought against him by some company—he explained the matter to me at the time, but I forget it now—I got rather afraid that they might come down upon me, especially being a bankrupt—he laughed at the idea, and said "You have nothing to be afraid of, you will hear nothing about it; I will invent some means to make matters very pleasant to both of us"—I bothered him a good deal about it at the time, and he told me of a plan which he had of meeting the bills—he said "I have given the bills to my trustees, and have told them they are first-class assets; first of all you must take larger offices." and eventually I took some on the second floor of Gresham House—the person who lets the rooms resides on the ground floor—I agreed to buy the furniture for 20l.—Layland was present at the interview with Holmes, the clerk—he advised me what to pay for the furniture and all that—I bought the furniture from the first and second floor—Layland said as he had not got offices, he would give me samples of goods from places, and there were a lot of boxes which he told me to put round the room to make it look as if it was an old firm, and he gave me a lot of calicoes from his own office, which were put about the private room—on the same or the next day he said he would introduce me to people who would introduce me to merchants, and he did introduce me to serveral gentleman—he said "I will tell you the people to whom to apply for goods, give you specification of the class of goods to buy for the different markets, and how to write the different description of the goods, how to order them, and that he would let Mr. Lusk, his buyer or his clerk, go and buy goods in the country—I told him I had better give him some money to go into the country with—I first gave him 5l., and other money afterwards—he had another cheque for 5l., after that—the goods that Mr. Lusk bought were to come up to London to me, and Layland said he knew how to get the money to pay the accommodation bills, for Robinson and Co., would pay those bills, and no reference would be wanted, because they would see that it was a good firm, having paid all that 900l., in fact, I was to be Robinson and Co., but he was to be the factotum, and when the liquidation was got through, and he had obtained his discharge, he was to be my clerk—he also mentioned that he would put 500l. in the business—I wrote to a lot of people whose names he gave me—I concluded

they were his creditors—I got goods—I was prosecuted—I pleaded guilty to obtaining those goods at the last January Sessions—Layland introduced me to Wisbeach, and they to Garrod and Co.—I obtained from Garrod and Co. white lead to the value of 300l.—they drew upon me for the amount—Layland knew it, because he knew I was introduced to Mr. Garrod, and he also told me to buy white lead, but I made a mistake and bought the other, or vice versa—he informed me of it afterwards—the object of buying the white lead was to get sufficient money to meet bills that were becoming due in October, in order that Robinson and Co. might be able to get goods from Layland's creditors—first of all he said "I do not think I had better get an advance; you had better try Edward Bouquet;" after that Layland took the bills of lading, and got an advance by some means of 143l., I believe he told me so—when I saw there was a difficulty in getting the advance he told me to go to another firm, which I did, but was unsuccessful—the lead was to be shipped to Calcutta—I understood Layland to be in the habit of advancing money on goods, that that was his business—I do not know what became of the 143l.; I never had a fraction of it—he said "I had better render you an account, to make it a business transaction"—that is the account that he sent me; it is for 140l. odd, and is in Layland's writing—it was arranged at the time that all the transactions should be in a businesslike manner—I had no books at that time, but Layland was continually asking me to keep books, and it was to be passed through my books if I had them—this invoice was found at my place in Gresham House; I left it there—they took my papers; that is how they came to know of Layland's letter; I never received any of that money myself—I had to pawn my rings and pay the freight before, I could get the bills of lading—I do not know whether the persons instituting these proceedings are creditors of Layland; they are persons to whom I was introduced through his instrumentality. Cross-examined. I am undergoing my sentence of 18 months in Holloway Prison—I do not appear in my prison dress, but I think it is sufficient disgrace to appear at all; a man may have his feelings—I made a statement before I was convicted, not with a hope of diminishing my sentence; I never said so; my sentence was respited from session to session—I had no hope, but I knew if the Judge knew the whole of the matter it would be of some benefit to me—I do not know how many charges there were against me; I never saw the indictment—I was not charged with the white lead—the case of stealing 87l. was one which Layland introduced to me—as to the 20l. of paper, they had that back—that was charged, also the 62l., that is all through Layland, and paper to the value of 29l. on the 6th November—on the 20th Novembers quantity of wine to the value of 29l.—on the 30th November wines to the value of 27l., and on the 16th November a quantity of spades, shovels, &c; the spades were in Jackson's case—I did not say that I was innocent—I was taken into custody on the 30th November—I do not remember the amount of goods that I was charged with obtaining during September, October, and November—Layland did not wish his name to appear in the resin transaction; I do not know the reason—my impression was that he was a moneylender; I did not know for certain that he shipped goods to Australia and India; I did not know the nature of his business—I must have known that he shipped goods because he shipped some for me once—in the white lead transaction he appeared to be raising money for Robinson; he was acting for Robinson and Co., and there his name would appear as a

sort of agent—in the other case Robinson and Co. was acting for Layland, and Layland's name would not appear in the matter at all—Layland introduced me to a Mr. Chapman for the purpose of selling the resin partly, and partly to get an advance upon it—he gave me the name of Nutter and Pinchin first, and the different people—I did not choose them—he directed me to put numbers on the cheque; he said it was customary to draw it to numbers—the first cheque I drew was 5l.—I do not know to whom I drew it—I had a banking account—I do not know whether I objected to drawing cheques in numbers, I forget—it was done to conceal his name—he lent me the money to open an account with; I was very hard up at the time—he told me he had some resin for sale, and I was to get an advance upon it—the selling of the resin would take some time, and he wanted an immediate advance—I was a bankrupt two years previous to my conviction—I was not threatened with criminal proceedings—I went to Jamaica, as I thought there was an opening for me—I was not told that I should very likely be prosecuted—I had no reason to believe I should—I knew I was in danger of having a writ served upon me, and I gave up all my estate—there was some money, and if they had chosen they could have had it—one bill of exchange was drawn at three months, and one at four—it was in June or July—I can only be certain of the date by looking at the bills, I think it was the 18th July—my conversations with Layland were between June and July, and the bills were drawn about that time—I do not know if they were dated rightly—nothing was rightly done, it was all done under fraud—the bills were made payable at the Imperial Bank, I believe, but I won't swear—I cannot say whether the bills and invoices were given to me before I went to change the warrants—I should not think it was before, because the transaction would not have been commenced—he wanted me to get fresh warrants—I did so, and I got fresh samples for the goods—50l. was given to me to open an account at the Imperial Bank, and I opened it immediately—Layland had spoken to me about the Imperial Bank the day before, and asked me about my father—perhaps it was the Saturday before—I never had an account at the Imperial Bank—I told Layland so—I never told him that I had one—I never called Jackson my partner—when Layland told me I might draw some of my own money; I believe I drew about 50l.—5l. one day, 4l. another; something like that, just the money I should want for myself—I believe I put into the bank 104l. as well as the 350l.—I told Miller and Company that I would pay the bills—Layland introduced me to them in January—he coached me up in everything I was to say to Mr. Miller—I told Miller and Company that I was in a large way of business—that was one evening that we went there—after the bill became due when my first bill was returned I told Miller and Co. that I would W 50l. a month—I hinted that the bill was a sham transaction—I promised to pay because as the different buyers were getting goods I thought we should be able to pay the bills, but that was not true—I offered to allow Layland's clerk 2 1/2 per cent, on any business he would introduce me to—I cannot tell you when that was—when I got large cheques I went to the Bank of England and got gold—the gold was changed into fresh' notes—I did not wish to go into the Bank of England three or four times, and as I met my cousin in the refreshment room I said "Will you go and change these notes?" and he did so and gave them to me, then I went to Crosby Hall—Edward Bouquet was not there when I received the notes—I was

staying at Dover with my wife and child when Edward Bouquet came down to me and spent two or three days—when he went back he was taken ill with quinsy, and when I came home I heard he was ill in bed and I went and saw him—he gave me an account sales and said "I am in that"—I said "What do you mean?"—he said "I want a slice out of that"—he is my cousin, and introduced me to Layland—I do not think he is as had as Layland—he is a respectable gentleman—he did not bring the account sales to Dover, nor did he mention it while there—he gave me a cheque at Sutton, which he had previously got at my office—it was paid in on the 4th August, that was a few days afterwards—I told him he should have something out of it and he got something—the goods were not pledged—I do not think I told him not to tell Layland—I did tell him not to mention the cheque for 104l., because I did not want Layland to know—I was not going to keep it, but I was too honest to pay him—of the 170l. in my hands there were other expenses, in Jackson so much, and my own living, and Layland's living at Brighton, and he suggested that I should go to Brighton too—he lived in small apartments there.

Re-examined. Layland would not know that I had a cheque from Wilson and Co., unless he looked at my book, or I had told him—it was Bouquet who introduced me to Layland to get an advance—he was on very intimate terms with Layland, but he was not very friendly with me—I cannot say what Bouquet got out of the transaction—he was always having money, and he had apartments in my house and never paid me—as fast as I got money he came to know of it somehow—I was like a spider sucked all round—Miller and Co. wrote to me first of all saying that my first bill had been returned—I was away at the time and Layland went up to the office and inquired of Jackson whether the first bill would be paid—in consequence of most of those goods that Layland was buying at Manchester not coming up on account of the reference of Kohinson and Co. not being satisfactory, people would not send up their goods, and the bill of course was returned, and Miller and Co. wrote to Robinson and Co. the same night, saying that the bill had been returned and that they wanted to. see me, and I went to see them with Layland, Layland fetched me—the object of going was to tide over this time and for the purpose of making some arrangement about the bill—Layland said that I was to say that I was in a good position, and if they would allow me a certain time the bills would be met, and I promised to pay them a certain sum of money—the white lead was got and Layland got 100l.—he did not bring it back to me—he got the cheque cashed in some manner or other and paid the 100l. to Miller and Co.—Layland sent me the account Which shows it—this is the account (dated 2nd Nov., 1877)—it was sent to my office—Layland kept 10l. discount on his own acceptance and charged a further 10l. for his commission and liability—the account shows it—I only say it to show you that I of the 143l. I never got a farthing—I believe the dates on the bills are fictitious, because the bills themselves are fictitious and they won't give the date of the transactions at all—I was guilty, and pleaded guilty, but I had no I idea there were such frauds—I have not said that I did not commit them.

JAMES GEORGE FULBROOK . I am a clerk in the Imperial Bank, Lothbury—the account of Robinson and Co. was opened on the 22nd June, 1877, by the payment in of the 50l. note No. 49011—this is the pass-book—these two cheques passed through our bank and are credited to Robinson and Co., one

for 350l., dated 5th July—it is entered on the 2nd page of the pass-book, "July 5, cash 350l."—it passed through our bank for collecting, and was carried to the credit of Robinson and Co. on the 11th July—the other cheque is dated 4th August, No. 9142, for 104l. 7s. 10d., and was carried to the credit of Robinson and Company on the 11th August—this cheque, No. 9943, to bearer, for 100l. 13s. 4d. was drawn on account of Robinson and Co., and paid on the 6th August over the counter, it is dated the 5th—a 250l. note, No. 95975, and 50l. in cash, were also paid out.

Cross-examined. The account was kept open until 19th October, 1877—the two cheques were drawn to numbers—cheques were not at first drawn to numbers—small sums were paid in from time to time.

HENRY PETER MATTHEWS . I am cashier to the Agra Bank—Messrs. Fassnedge and Co. are our customers—the two cheques for 439l. and 220l. signed by Fassnedge and Co. were presented at our bank on the 18th June, both are payable to Layland—amongst the cash that was given for those cheques was a banknote for 50l., No. 49011—this is it.

Cross-examined. Ours is an Indian bank—I know something about the shipping trade in India—it is a usual practice to send out goods to gentlemen like Fassnedge and Co., who are agents for some one in Calcutta, and get an advance on account of the sales, and afterwards get the balance—the ordinary margin allowed is about 70 or 75 per cent, according to the state of the market—the Indian trade has been very bad—it is worse now than it was—we sent out letters to large firms like Mears and Co. for advice as to the state of the market, and sent out goods accordingly—I know that a number of Indian houses have failed for large amounts—some of them were connected with the City of Glasgow Bank.

Re-examined. The Gity of Glasgow failure would hardly apply to June, 1877, of course.

WILLIAM NICHOLLS . I am a clerk in the accountant's department in the Bank of England—I produce a 200l. note, No. 95975, with "Robinson and Co., Gresham House," written on the face of it; also 25 10l. notes, Nos. 96620 to 96644 inclusive; also a 50l. note, No. 49011.

EDWIN BRETT . I am a clerk in the Bank of England—on 6th July, 1877, I gave out 200l. in gold for this note, 95975.

CHARLES RICHARDS . I am a clerk in the Bank of England—on 6th July last I received a ticket showing that 250l. had been paid into the Bank in gold—on receiving that ticket I issued these 25 10l. notes; they were all new.

BURTON BOUQUET . I am cousin to Mr. Robinson—on or about 6th July I was in Beeves' Chop-house, Pope's Head Alley; I saw Robinson there; he gave me a bag of gold, which I took to the Bank of England, and obtained 24 10l. notes for it and some gold; I returned to the chop-house and gave them to Robinson—there was a slight deduction at the Bank for some of the coin being light.

Cross-examined. It was about lunch time, between 1 and 2, when I went to Reeves's—I did not stay there any time after I came back—I don't recollect my brother being there.

ALICE GAILLARD . I manage the post-office in Brondesbury Terrace, Kilburn, near Cavendish Road—I know that the prisoner and his family have been living in Cavendish Road—this 10l. note, No. 96620, has passed through our office—it bears our stamp.

JOHN WARREN . I am book-keeper to Messrs. Mitchell and Phillips, brewers, of Kilburn—Layland was a customer—on Thursday, 8th November,

1877, he came to pay 12l. 10s. 9d.—I had that morning paid my cash and notes into the bank—the next time I paid into the bank was Saturday—I cannot say if this note was among them—I do not require a customer to write his name on a note.

Cross-examined. I paid 109l. 19s. 9d. into the bank on the Saturday.

JAMES WILLIAM BARFOOT . I am a clerk in the Edgware Road branch of the London' and County Bank—Messrs. Mitchell and Phillips have an account there—on Saturday, 10th November, they paid in notes and cash—this note, No. 96629, was among them.

JOHN CULVERHOUSE . I am the owner of No. 10, Cavendish Road, Kilburn—Layland was my tenant last year—he paid me the Michaelmas rent, 15l., in a 10l. and, I believe, a 5l. note—I did not take the numbers—I paid the 10l. note to Mr. Burford.

Cross-examined. The prisoner was tenant when I bought the property twelve months before—I never heard anything against his character.

Re-examined. I knew nothing of his business transactions in the City.

WALTER JAMES BURFORD . I am a builder, and occasionally work for Mr. Culverhouse—I received from him this note, No. 96634, on January 16, and paid it into the bank on January 17, 1878.

FREDERICK HARRY WHITE . I am a cashier to the Union Bank of London at their head office—Messrs. Peters and Co., of Leadenhall Street, keep an account there—on 23rd October, 1877, they paid in 10l. notes Nos. 9636 to 9641 inclusive, and on 10th November Nos. 96630 and 96631, to their account.

WILLIAM MAYES HARTRIDGE . I keep the Sugar Loaf tavern, at 25, Great St. Helens, City—I occasionally change notes—No. 96623 bears my endorsement, and 96625 my son's endorsement—my son manages my business—they would be paid in due course.

Cross-examined. The tavern is near Robinson's place of business—I do not know Robinson—I first saw him at the police-court—I had not seen the prisoner till yesterday.

Re-examined. It Was Layland's business that was near my tavern.,

WILLIAM COATH . I am manager of the Patent Shaft and Axletree Company at Wednesbury, Staffordshire—I have had business transactions with the prisoner since April, 1877—in March, 1877, I received an order from him for 288 tons of iron bar, to be delivered in three installments—this is the invoice for the first delivery on 8th March, amounting to 783l. 6s. 4d.—it ought to have been paid on 10th June—it was not paid—I issued at writ and obtained judgment—I have never been paid—I have proved in the liquidation proceedings.

Cross-examined. Other tiansactions have been paid for—this 783l. was the first transaction under this contract—it was not paid for—the parcels delivered in March, 1877, to the amount of 257l. 14s., and on 17th April to the amount of 770l., were paid for—I heard of the failure of Layland's brother—I inquired of Layland if he was involved—he said that he was perfectly solvent, and that he had no relations with his brother, and had not seen him for a length of time—we refused to deliver any more iron when the first quantity had not been paid for and was overdue—1 may have proposed before the 21st May that the contract should end, but I cannot say without seeing the correspondence—the first payment was due on the 10th of June and the second delivery, and we would not deliver till payment—I came

to London and saw him, and he seemed annoyed at our stopping delivery, and made an appointment to pay me—we were anxious to conclude the matter—I served him with a notice in bankruptcy, and I placed the matter in our solicitor's hands, and proceedings were taken—he offered to pay on second delivery, and I offered to give him a North-Western delivery order I if he would pay for the first lot—he made an appointment, but failed to I keep it.

FREDERICK JAMES ROBERTS . I am one of the firm of Brown and Roberts, export stationers, of Cannon Street—our firm are creditors of Layland for 15,000l.—on May 23rd he was indebted to us 1,200l. odd—on that day he gave us an order for paper, which we executed and sent to Messrs. Southgate, packers, and sent Layland this invoice, for 205l. 9s.—we have not been paid.

Cross-examined. Layland has paid our firm considerable amounts—he has dealt with us since about April, 1876—the amount owing began later than January; I think when he went into liquidation we held bills that were due and others that were running—he spoke to my partner about, not sending any more goods, but I know nothing of it—the goods were not returned, because it was part of an order, and about the same quantity as that delivered in May—the order was to be delivered in three portions, and his request not to send more was in respect of the third portion—they were ready to be sent—I heard of no complaint of their not being delivered in time for the market.

Re-examined. I do not know why they were stopped—it was part of the order to be delivered in April and May.

JAMES LOVE . I am a salesman to Messrs. Crutchley, Armstrong, and Co., of Manchester, manufacturers of dress goods—they are creditors of Layland for 415l. 10s. 1d. for goods purchased about the 15th June, 1877—that was the first transaction—he was to give a four months' bill—the goods were sent to the packers on 20th June—the bill was never sent to me—two or three weeks after I supplied the goods I heard he was gone into liquidation.

Cross-examined. The order came through Layland's buyer, who called on me personally—they were not job goods, but regular goods made for the market—this is our invoice (It stated 1 1/2 discount was allowed if paid in three months, or 3 per cent. if paid by cash or within 30 days)—those are the terms on which the goods were sold.

MORRIS DESAIX . I sell umbrellas at Wood Street, City—I sold Layland umbrellas to the amount of 137l. 8s. 9d.—I forwarded them by his directions to the South West India Docks for shipment—this is the invoice I sent in—it is correct.

Cross-examined. I had dealt with him for nine months—I think I received three payments from him, about 644l.—I have not the dates—I had a contract with him—we supplied the samples—I know nothing of Mears and Co.—I knew the goods were for the Indian market—they were silk umbrellas—I know nothing of the Indian season; a time was given to us to deliver, and we delivered the goods according to contract—there was a delay—the last delivery was on the 7th of June; it ought to have been on May 7th—I am not acquainted with foreign markets—my charges against him are for the deliveries on May 10th, 19th, and June 17th—the umbrellas were of the usual colours—they were specified—I have no particulars of goods ordered on 8th November, 1876, not being. delivered till 17th ebruary, 1877.

1877, he came to pay 12l. 10s. 9d.—I had that morning paid my cash and notes into the bank—the next time I paid into the bank was Saturday—I cannot say if this note was among them—I do not require a customer to write his name on a note.

Cross-examined. I paid 109l. 19s. 9d. into the bank on the Saturday.

JAMES WILLIAM BARFOOT . I am a clerk in the Edgware Road branch of the London and County Bank—Messrs. Mitchell and Phillips have an account there—on Saturday, 10th November, they paid in notes and cash—this note, No. 96629, was among them.

JOHN CULVERHOUSE . I am the owner of No. 10, Cavendish Road Kilburn—Layland was my tenant last year—he paid me the Michaelmas rent 15l., in a 10l. and, I believe, a 5l. note—I did not take the numbers—I paid the 10l. note to Mr. Burford.

Cross-examined. The prisoner was tenant when I bought the property twelve months before—I never heard anything against his character.

Re-examined. I knew nothing of his business transactions in the City.

WALTER JAMES BURFORD . I am a builder, and occasionally work for Mr. Culverhouse—I received from him this note, No. 96634, on January 16, and paid it into the bank on January 17, 1878.

FREDERICK HARRY WHITE . I am a cashier to the Union Rank of London at their head office—Messrs. Peters and Co., of Leadenhall Street, keep an account there—on 23rd October, 1877, they paid in 10l. notes Nos. 9636 to 9641 inclusive, and on 10th November Nos. 96630 and 96631, to their account.

WILLIAM MAYES HARTRIDGE . I keep the Sugar Loaf tavern, at 25, Great St. Helens, City—I occasionally change notes—No. 96623 bears my endorsement, and 96625 my son's endorsement—my son manages my business—they would be paid in in due course.

Cross-examined. The tavern is near Robinson's place of business—I do not know Robinson—I first saw him at the police-court—I had not seen the prisoner till yesterday.

Re-examined. It was Layland's business that was near my tavern.

WILLIAM COATH . I am manager of the Patent Shaft and Axletree Company at Wednesbury, Staffordshire—I have had business transactions with the prisoner since April, 1877—in March, 1877, I received an order from him for 288 tons of iron bar, to be delivered in three installments—this is the invoice for the first delivery on 8th March, amounting to 783l. 6s. 4d.—it ought to have been paid on 10th June—it was not paid—I issued a writ and obtained judgment—I have never been paid—I have proved in the liquidation proceedings.

Cross-examined. Other transactions have been paid for—this 783l. was the first transaction under this contract—it was not paid for—the parcels delivered in March, 1877, to the amount of 257l. 14s., and on 17th April to the amount of 770l., were paid for—I heard of the failure of Layland's brother—I inquired of Layland if he was involved—he said that he was perfectly solvent, and that he had no relations with his brother, and had not seen him for a length of time—we refused to deliver any more iron when the first quantity had not been paid for and was overdue—1 may have proposed before the 21ST May that the contract should end, but I cannot say without seeing the correspondence—the first payment was dun on the 10th of June and the second delivery, and we would not deliver till payment—I came

to London and saw him, and he seemed annoyed at our stopping delivery, and made an appointment to pay me—we were anxious to conclude the matter—I served him with a notice in bankruptcy, and I placed the matter in our solicitor's hands, and proceedings were taken—he offered to pay on second delivery, and I offered to give him a North-Western delivery order if he would pay for the first lot—he made an appointment, but failed to keep it.

FREDERICK JAMES ROBERTS . I am one of the firm of Brown and Roberts, export stationers, of Cannon Street—our firm are creditors of Layland for 15,000l.—on May 23rd he was indebted to us 1,200l. odd—on that day he gave us an order for paper, which we executed and sent to Messrs. Southgate, packers, and sent Layland this invoice, for 205l. 9s.—we have not been paid.

Cross-examined. Layland has paid our firm considerable amounts—he has dealt with us since about April, 1876—the amount owing began later than January; I think when he went into liquidation we held bills that were due and others that were running—he spoke to my partner about, not sending any more goods, but I know nothing of it—the goods were not retained, because it was part of an order, and about the same quantity as that delivered in May—the order was to be delivered in three portions, and his request not to send more was in respect of the third portion—they were ready to be sent—I heard of no complaint of their not being delivered in time for the market.

Re-examined. I do not know why they were stopped—it was part of the order to be delivered in April and May.

JAMES LOVE . I am a salesman to Messrs. Crutchley, Armstrong, and Co., of Manchester, manufacturers of dress goods—they are creditors of Layland for 415l. 10s. 1d. for goods purchased about the 15th June, 1877—that was the first transaction—he was to give a four months' bill—the goods were sent to the packers on 20th June—the bill was never sent to me—two or three weeks after I supplied the goods I heard he was gone into liquidation.

Cross-examined. The order camethrough Layland's buyer, who called on me personally—they were not job goods, but regular goods made for the market—this is our invoice (It stated 1 1/2 discount was allowed if paid in three months, or 3 per cent, if paid by cash or within 30 days)—those are the terms on which the goods were sold.

MORRIS DESAIX . I sell umbrellas at Wood Street, City—I sold Layland umbrellas to the amount of 137l. 8s. 9d.—I forwarded them by his directions to the South West India Docks for shipment—this is the invoice I sent in—it is correct.

Cross-examined. I had dealt with him for nine months—I think I received three payments from him, about 644l.—I have not the dates—I had a contract with him—we supplied the samples—I know nothing of Mears and Co.—I knew the goods were for the Indian market—they were silk umbrellas—I know nothing of the Indian season; a time was given to us to deliver, and we delivered the goods according to contract—there was a delay—the last delivery was on the 7th of June; it ought to have been on May 7th—I am not acquainted with foreign markets—my charges against him are for the deliveries on May 10th, 19th, and June 17th—the umbrellas were of the usual colours—they were specified—I have no particulars of goods ordered on 8th November, 1876, not being delivered till 17th February, 1877.

Cross-examined. We do not make umbrellas specially for India—they are the same as we use in England.

JAMES WILLIAM ROY . I am a gum merchant, of St. Mary Axe—through Mr. Coombs I sold to Layland turpentine to the value of 192l. 4s. 8d.—I hold his dishonoured acceptance for that amount—my firm are creditors of the estate.

Cross-examined. We have had several transactions before with Layland, possibly to the amount of 1,841l.—all were paid for except the last one.

J—WILDING TONGE. I am manager to Messrs. Chad wick Brothers, dyers, of Aldermanbury—on 8th June I received from Layland an order for braid to the value of 88l. 6s. 8d., and on 20th June for a similar quantity—I sent the goods to the packers—on 28th June I received a letter from him, asking for more goods—I did not deliver them—he is our creditor for 63l.15s.

Cross-examined. The goods were delivered according to contract of 2nd January—the total of Layland's purchases of us, which were delivered, amounted to about 800l.—of that he paid 353l.—the entry of his last payment is the 5th June, of 245l.—all the goods unpaid for came subsequent to the 7th May—the letter asked for further goods in continuance of the contract.

Re-examined. The letter of 28th June was thrown into the waste-paper basket—we had two months' orders to go on with.

GEORGE JOHN HIGE . I cm clerk to the Queensborough Chemical Company Limited—on 26th June I supplied 300 barrels of copperas to the defendant—the amount was 138l. 19s. 10d.—they were sent on board ship—they were to have been paid for on a three months' bill—the acceptance for 144l. 12s. 5d. was dishonoured—it was dated 4th April, and was due 7th July—that was a former transaction—the bill for the 300 barrels was not presented—it is dated 26th June—when the bill was due the prisoner was in liquidation.

Cross-examined. We first delivered goods to the prisoner on October 1st, 1871—the last amount we were paid was 144l. 14s. 8d.—that was a bill of 28th February, drawn at three months—the total of goods ordered amounted to about 1,100l.—we are creditors for about 400l.

WILLIAM IBLE . My address is the Soho Wire Works, near Birmingham—on 30th August I was appointed trustee, under Layland's liquidation—he has not informed me of the following teansactions as to the resin, white lead, the receipt of 350l. from Rose, Wilson, and Co., nor any part of it, nor of 104l. received from persons in respect of resin—he delivered no money up to me—I have received 115l. in respect of his estate—I recognise these bills accepted by Robinson and Co.—Layland said they were a good asset in his estate—nothing was said about Robinson and Co.—I presented the bills through my bankers, and they were returned dishonoured—I have had to pay the charges—100l. was paid to my solicitors as trustee, Messrs. Miller and Co., in respect of them—I was not present—the 100l. is part of the 115l. the sole assets—there have not been any remittances from abroad, on the contrary the accounts are on the wrong side—I am a creditor for 4,000l. and some hundreds;1,500l. of that is for wire within about two months of 16th July—I understood my goods were going to Australia.

Cross-examined The whole amount is about 8,000l. or 9,000l.—I think he has paid me quite 4,000l.—I cannot give you the date of his last payment to me—the goods were delivered in consequence of a contract of February

or March—he has books—some resin is entered—he had not spoken to me personally as to resin—I have been through the books with the solicitor—there is an entry on June 12th of 99l. 8s.—the bill relating to it is also entered—we found the items carried out in the books—we also found letters referring to the subject—we found no discrepancies whatever in the books—these two bills were paid shortly after they were due—the amount is 552l. 1s. 10d.—the other is a similar amount—they were paid subsequent to the 10th of June—I never saw Robinson—Layland was to communicate to him when bills became due—any statement of Layland Would be made to Mr. Miller—he has given every assistance for the benefit of the estate—I have seen the accounts sales which have been sent from India—the consignments of my wire turned out all right, but most of the other goods are quite the other way—on 27th October, the date of the invoice, I supplied goods to the amount of 545l.—I have received the account sales, which shows that they realised 736l. 16s.—the invoice price showing an increase of 180l., and the account sales of 264l.—every one of those items in that account sales shows a profit—the Indian charges are very heavy, in fact unreasonable—if the charges had been fair and reasonable, there would hare been a profit on the sales of my goods—I have looked at every entry and find no discrepancy in the books—there is a full set of books—Layland employed an accountant—the books were in the accountant's hands before the other accountant had them.

Re-examined. The 4,000l. owing by Layland is on bills running for goods supplied to him—I was appointed trustee on 30th August, 1877—I have the account sales from India, and the merchant's claim against Layland's estate—Layland's assets are 115l., his liabilities are 26,000l.—the accommodation bills are entered as bond fide transactions—there is nothing in the books to lead me to entertain any suspicion, and I had none, and did not suppose a farthing had been paid for the. bills—I had nothing to do with this prosecution—I was chairman of a meeting, this is my signature (this was a signature to a resolution to prosecute, passed at a meeting of creditors on 2nd April 1878)—the prosecution was taken up by the Treasury—I did not disapprove of a prosecution, but I did not approve of this—I have beard that 400l. was to be given to Nicholson—I cannot say where it was to come from, nor whether it was to go to his father or to the solicitor prosecuting.

By the COURT. The books were fair and business-like, and nothing could be clearer in point of form—the account sales account for the difference between what was expected and what was realised—on the face of the books everything looked flourishing and prosperous—the Indian charges were audacious—if I could have collected the 18,000l. shown in the account sales, I should have been able to give the creditors a good dividend—that is not due to any irregularity in the books—the goods exported show a fair profit.

JAMES CHAPMAN . I am the solicitor conducting this prosecution for we Treasury—Mr. Nicholson was the original prosecutor in this case, and stated his wish to punish Layland—an offer was made pending the proceedings before the Lord Mayor; I communicated that offer to Mr. Nicholson, with the advice that he was not at liberty to enter into such an offer, or bring it to a conclusion, without leave of the Court before which the matter was pending—the Lord Mayor declined to listen to it, and the matter went on at

the instance of the Committee of Inspection—afterwards the Treasury took it up—it is not true that I was to receive 200l. to drop the prosecution—Mr. Nicholson was my client—I should have rendered my costs in any event—they amounted to 206l. 9s. 3d.—I should not have stated before any tribunal that Layland was not guilty if I believed he was guilty—I never advised my client to receive 200l. not to prosecute, nor consented to any arrangement with Mr. Nicholson—I did instruct counsel to ask the Lord Mayor to withdraw the charge—they are written instructions—I should consider it my duty to instruct counsel fully as to the facts, and leave the matter to his discretion—my instructions were to retire from the case, as Mr. Nicholson had not received such contributions from the creditors as from their resolution he had reason to expect—Mr. Nicholson's expenses were very heavy.

FREDERICK WRIGHT . I am employed by Sergeant Hayward, of the City Police—I produce a warrant of 10th July, under which I entered Layland's offices, 20 1/2, Great St. Helens—the furniture was condemned and I received authority to sell it to Robinson for 28l.—he was present—the prisoner is Robinson—he paid me—I paid out the landlord—an inventory was taken, which I produce with other documents.

HENRY GARROD . I am a paint and colour manufacturer in Arthur Street, City—I received this letter, dated 17th October, 1877, signed "Robinson and Co.," and headed "Gresham House."(This was an order for 10 tons of white lead to be sent alongside the Blair Athol.) The amount was 235l. 13s. 9d.—I was never paid.

Cross-examined. I gave Robinson and Co. references for 14 days while I was supplying the lead—I believed him to be a respectable man.

ALFRED JOHN CARVER . I am a merchant in Hart Street, City—on 31ST October the defendant came to me with some bills of lading in respect of white lead shipped per Blair Athol—he also brought Garrod's invoice—I made him an advance of 143l. 2s. 1d. by cheque—I asked him whom I should make it payable to—he said to Robinson and Co., of Gresham House—in consequence of what I heard I went to my bankers and stopped payment of the cheque—I subsequently went to the offices of Robinson and Co., at-Gresham House—I saw Robinson and another man there—I said that I would rather not have anything to do with the transaction, and that I had stopped the cheque as I had heard something that I did not care about—Sir Charles Mills cancelled the cheque for Me.

Cross-examined. The cheque has never been paid—I did not suffer—I do not know whether he got 140l. on it or not.

WILDING TONGE (Re-examined). Since I was examined I have been to my office and ascertained that the further order from the defendant was on 28th June—my inquiry was on the 8th June, therefore the letter could not have been May—Layland could have no knowledge of the prices on 28th May, nor until he received a communication from me on 12th June.

Cross-examined. The words of my letter are "I beg to offer you a repeat I of my order dated 1ST January"—it is quite likely that I received a letter of 27th November asking for quotations for real cotton and other letters, but it was an inquiry without any result.

CHARLES MINSHALL . I am an accountant, formerly of George yard, Lombard Street, but now of 173, Fenchurch Street—I have inspected

Layland's books and papers—the liabilities are stated at 26,000l. and the assets at 18, 192l. 12s. 3d.—the first account salts is dated 25th February, 1878—1 find that the net receipt for 50 tons of iron is 495l.—I find in the ledger an entry of 50 tons of iron which amounts to 552l.—the loss would be 152l. 2s.—the charges would be upon the account sales—the next is a similar entry for same date—the loss upon that is 114l. 2s. 9d.—the next is in August, 1878, and shows a loss of 99l. 8s.1d.—I have also examined a number of sales from Mears and Co., of Calcutta, from July 3rd, 1875, to May 11th, 1877—they show generally that money is due to Mears and Co. from Layland—they show a loss on the 557l.—I have also examined Macclereth's and Fastenedge's account sales—they shew a result against Layland—all the items are not against Layland, but that is the general result—the account sales come at irregular intervals, but about monthly; I cannot write an average—I have examined the cash-book, and find all cash entered to 16th June—I find that Layland received 2,400l. which did not pass through the bank—most of those receipts are entered in the cash-book as receipts from Peters, Fastenedge, and Macclereth—I also found that Layland kept an account at the Metropolitan Bank—from March 21, 1877, and through April and May and the greater part of June, the account was occasionally overdrawn—I have prepared a statement of the overdrafts—he commenced on October 29, 1874, with a capital of 427l.—he has shipped to Mears and Co. from the commencement of opening the account goods to the amount of 38,000l.—against those consignments he had drawn 26,800l—those are figures which I have worked out, but the account was in such a muddle—on all goods shipped bills were drawn and advances, obtained—the amount advanced by Peters and Co. from beginning to end was about 18,000l.—the account from Mears and Co. has never been balanced in the ledger—the account sales have not been regularly entered—the account has been properly cast, but not balanced—it is in its rough state—the final result of the transactions do not appear on the face of the books—Duck and Nephew's accounts are in the same condition—under the head of "Trade Drawings" from January 1ST to July Hath, 1877, a sum of 3,020l. 3s. 4d. is entered—that is for salary and other expenses—there is one item of 1,113l. under the head of "Charges"—there are also entries for cash, showing discounts to Peters and Co., or amounts for advances—I have taken these items from the ledger—on March 29th I find 85l. 6s. 4d. paid to Peters and Co. as "Cash Charges"—besides the 1,113l. 1s. 4d. there is 1, 405l. 9s. 2d. paid to Peters and Co. between March and July, 1877—in June and up to 16th July goods were obtained on credit to the amount of 9, 757l. 9s. 6d—from the 1ST of May to the stoppage on 16th July the goods purchased by Layland amounted to 16, 469l. 0s. 7d.—I find no entry of a payment to Robinson in June of 50l.—I have examined letters written by Layland in his book and answers to those amongst his papers—I find about 10th June several letters to different creditors, asking for extension of time for payment of his expenses—on 1ST May Layknd's actual indebtedness was 20,545l. 9s. 9d.—I have not taken it out to 1ST June.

Cross-examined. I ascertain the purchases from the invoice book, adding the charges made, such as railway and charges of that kind—the freight would be added in Calcutta—the amount Layland owed for goods in May was 6,707l. 11s. Id., exclusive of charges, and in June and July

9, 757l. 9s. 6d.—(the items for Mr. chases being read)—those are correct—there is also an item of 2,100l. 3s. 5d., for which I am unable to find any invoices—I do not take that to be for goods in his possession—finding the goods shipped in June, I naturally supposed they were obtained in June, but it would make no difference, I should have to debit him with those goods—I find he shipped goods in June to the extent of 2, 100l. 3s. 5d.—the total is 7,657l. 6s. 1d.—the accounts are irregular from May 1ST to June 2nd—I have conferred with your accountant, and we came to the conclusion that that account is correct, excepting the items which I had incorporated in my account for May 1st, for goods bought in April but not shipped till May—I put those in my account—the goods obtained on credit in June were about 3,000l., exclusive of the amount which I put down as shipped—in addition to those, some goods were shipped which I do not find invoices for—I find on May 2nd, by the Queen Margaret, 324l. 7s. 3d. for lilac prints—on looking, I now find the invoice of 25th April for 240l. at folio 126 of the bought invoice book—the next invoice is for 350l. 19s. 8d, dated June 7th—it appears in the outward invoice book—then there is one for calves' skins, 402l., dated June 9th—I have taken out all the invoices, but I do not see any shipment to correspond with the invoices that I have extracted—there are several others, making altogether 2,100l. 3s. 5d.—I cannot show you one of those which refers to goods obtained in June, 1877—the books have been regularly kept as regards purchases—the consignments to Mears and Co. are not kept to order; they are debited with consignments, but no particulars are given respecting profit and loss on those consignments—I mean the account sales are not posted—the other entries as to the ship, date, &c, are made, as well as the amount which Layland obtained as an advance upon the goods—I found the account sales in a box; there were 48 of them—I cannot give you the dates when they were received, only the dates that are on them—I cannot tell you how long it was before he went into liquidation that he received any of these account sales—there is an item of an account of payment to an accountant for keeping the books—some of the goods show a very considerable profit—I consider the charges upon the goods very exorbitant—I have some experience in bankruptcy cases and where people have failed in colonial or foreign trade—Layland paid out in January 4,762l., in May and June 571l. 10s. 11d.—there is no pretence for saying that he put moneys entered in the cash-book in his pocket—he shipped goods to the amount of 36,000l., drew bills to the amount of 26,000l., but only received on account of them 18,000l.—the books do not show that he received the whole amount of the bill—he had cash transactions with Peters and Co. of such a peculiar character, of exchanging cheques and loans and so forth, that I put that amount down as about 18,000l.—I see the item in the ledger of 590l. on goods sent out to Mears and Co., also the item of 590l. drawn on Peters and Co.; there is an item of 500l. received from Peters and Co. on March 28, and in April of 90l.—I see similar items where the prisoner received the full amount on his bills—they were paid without discounting—I believe Peters and Co. paid the charges, as their account is credited 289l. 8s. 10d. for charges, which balances the account—the practice was for goods to be sent to Mears and Co. in India—the amount was drawn for from Peters and Co., and the bill paid by Peters's agent to the extent of three-fourths of the whole, so as to leave a margin, and then the account sales would come, which would show the difference, and the balance was

settled afterwards by a payment on one side or the other—the shipping charges were 1,405l. 9s. 2d. from March 22nd to July 3rd.

Re-examined. In saying that after a certain date in June the money. does not appear to have passed through the bank, I meant that the bankers had not the money in their hands to meet cheques that may have come in or bills that had fallen due—the Indian charges amounted to 26,389l., and the account rendered shows as assets 892l.—taking the first item, the book debts are put down as 16,000l.—the principal portions of that are balances of all the consignments to Mears and Co., and as there will be nothing whatever coming from Mears and Co., that item is fictitious; I mean the balances from Calcutta which will produce that item are nearly all false—Layland could easily have ascertained his position in June—if the 16,000l. had been a good item he would have been nearly solvent—I have no account sales for June, 1877—the account shows that he is indebted to Mears and Co. 557l.—I have been through the account with the other accountant, who has had the same accounts as I had, with the additional help of Layland—according to Lay land's statement of affairs Mears and Co. were indebted 6,741l. 5s. 10d.—that discrepancy arises from the advances being more than the goods realised—he got advances in England, and the owners of the goods were not paid—I have looked at the books, and find no entry of the receipt of 350l. or 250l. withreference to resin—on the 30th May Layland had overdrawn 180l. 17s. 6d.; on 6th June, 77l. 9s. 6d.; 8th of June, 62l. 16s. 5d.; 11th of June, 116l. 18s. 7d.; and various items follow, showing continuous overdrafts until the close of his banking account—he must have known it.

By MR. METCALFE. He paid in 434l. on 1ST May; 3rd, 200l.; 5th, 250l.; 8th, 220l.; and 18th, 250l.; although overdrawn for a short time the accounts fluctuated—that refers to both May and June—when I found the account was overdrawn I almost invariably found that money was paid in the next day—I do not know what security he gave to the bank—about 28,000l. passed through the bank in six months.

By the COURT. The books contain all the entries proper for a commercial man, to keep in order to show the state of his affairs, but the assets were not realisable—the items of book-keeping were correct, but the figures would not turn into money—there was no falsification or fraudulent omissions or improper entries in the books—I did not go into his affairs previous to the four months preceding 16th July, nor ascertain whether his outgoings had increased suddenly—I cannot speak as to his recklessness in buying—I do not think there was any sudden enlargement of the range of his credits—the bills are worthless.

HENRY RANDALL (City Detective Sergeant). I have had charge of this case and the custody of this mass of documents since they were handed over by the trustee, including a bundle of letters from Mears and Co., Calcutta, dated from 12th May, 1876, to 12th May, 1877; I also had charge of Robinson's case, both at the Mansion House and here—I originally found a large number of documents at the offices at Gresham House, which are marked as exhibits from letters F to Q.

Cross-examined. There were a great many charges against Robinson of obtaining and disposing of goods—the bulk were pledged; also a quantity were seized at the Docks.

JOHN PETERS . I am an East India agent carrying on business at 34, Leadenhall Street, City—on 23rd October, 1877, I paid into the Union

Bank 100l. containing Bank of England notes Nos. 9630-41—I do not know where I got them from; the entry in the cash-book is "sales 100l."—the next entry is 16th June, 500l. received from Layland—I have had continuous dealings with him for a long time—he is in debt about 530l. to our London firm, and between 4,000l. and 5,000l. to Mears and Co., the Calcutta firm—on 31ST October I paid him a cheque for 143l. 2s. 1d. in change for one of Carver and Co. 's cheques for 143l.—my cheque was paid—Carver's cheque was returned from our bankers—I gave Layland notice at once that it must be refunded—the money was repaid to the bank—I gave him till 12 o'clock to pay it, and he paid it.

Cross-examined. Layland's indebtedness of course depends on the accuracy of the account sales—a considerable quantity have yet to come in—the average time after shipping goods of getting account sales is five or six months by steamer and nine or ten months by sailing ship—Layland did not ship goods if we advised him they were not good in the market—our advances depended on the class of goods—we never discounted foreign bills—some advances were made by cheque; we endorsed bills and sold them again in the market by exchange on India—Mr. Hears was in England in September and October—I do not know whether he had business transactions with Robinson—he knew something of him—the notes part of the 100l. may have come from Mears—a small parcel of resin was shipped through us, 46casks, value 119l. 1s. 8d., on 12th July, 1877—Layland offered us some other resin before this—I do not remember the date—I told him the parcel was too large for us—we were buying bills to a certain extent—speaking from memory, we offered him 11s. a hundred—he showed us a mememorandum; I cannot swear whether it was the invoice—he said the offer was not enough—we heard no more of it—it was an article which we could have sent out to the Indian market—there was a fall in the Indian market and a depreciation in the rate of exchange between this country equal to about 25 per cent.—today it is equal to 7d.

Re-examined. I take it for granted Layland knew all this as well as I—if the articles were not good for the Indian market we should not have advanced money upon them—we refused several parcels of goods on the ground of their unfitness—we shipped the 46 casks of resin for Layland, not for Robinson and Co.—I have seen some of Mears's letters to Layland containing remonstrances with regard to overdrafts and goods sent contrary to directions—I do not remember the complaint as to leather—that was a fairish account—I remember some, thick leather going out—there was then a prospect of a war with Russia which would have caused a demand for it for saddles.

By MR. METCALFE. I have known instances where goods have been condemned by the Indian consignees, and where they were subsequently bought and sent out, but I have known also when, Mears's judgment having been incorrect, goods have realised a greater profit when goods have fallen here, and in the face of advice they have made a profit—Layland did not act against Mears's advice, but we had no check upon him, for if he did not like to send them through us he had plenty of others to send them through.

CHARLES MINSHALL (Re-examined by MR. METCALFE). I cannot tell whether Layland, shortly before his liquidation, refused goods from Horton; believe some goods were refused, but I cannot specify what they were, nor the exact amount, but I should say to about 2,000l.

GUILTY on 78th, 79th, and 80th counts, of conspiracy with Robinson to defraud his creditors. The Jury expressed their opinion that Robinson had been brought into the transaction by Layland.— Eighteen Months' Imprisonment .

Reference Number: t18781021-868

868. HENRY STEWART MARSHALL (39) PLEADED GUILTY to three indictments for stealing various sums of money amounting 3,943l. of the trustees of the Curates' Augmentation Fund.— He received a good character.— Seven Years' Penal Servitude .

Reference Number: t18781021-869

869. EDWIN JAMES HALL (20) to forging and uttering a receipt for 3l. 18s. 3d. with intent to defraud.— [Pleaded guilty: See original trial image.] Nine Months' Imprisonment .

OLD OURT.—Wednesday, October 23rd, 1878.

Belore Lord Justice Brett.

Reference Number: t18781021-870

870. In the case of LUCY KEARY (28) , indicted for the wilful murder of Harriet Amelia Keary, upon the evidence of JOHN ROWLAND GIBSON, surgeon to the gaol of Newgate, HENRY VINCENT GAMMON, surgeon to the Bore Division of Police, and THOMAS GRAY, surgeon to the Poplar Union, the Jury found the prisoner insane and unfit to plead.— To be detained during Her Majesty's pleasure .

Reference Number: t18781021-871

871. ELIZABETH SHANKLIN (25) , Feloniously killing and slaying Harriet Barlow. She was also charged on the Coroner's Inquisition with the like offence.

MR. POLAND conducted the Prosecution; and MR. RIBTON the Defence. GEORGE BARLOW. I live at 44, Millard Street, Hackney Wick—in the beginning of July I lived at 20, Ellesmere Road, Bow, with my mother, Harriet Barlow, and my sister—we occupied the ground floor—the prisoner is my aunt, my mother's sister; she lived on the first floor—on 2nd July I had been out with my mother—we were both quite sober—we returned home between 12 and L o'clock—my sister was then in the room—we went into a ground-floor bedroom, and the prisoner came down and asked what the row was—my mother said that there was no row and called her a liar, and said she would dash her brains out, and she went to the drawers and picked up a glass thing used for flowers, which holds about a pint of water—she then asked my mother to let her go by; my mother said, "No, when you have put that down," and the prisoner put the glass down and Walked to the room door to go upstairs—my mother then walked to the fireplace, and the prisoner rushed to the table and picked up a flower-pot full of mould with a flower in it and threw it at my mother, who was three or four yards off; it struck her on the forehead; she began to bleed, and ran out to the bottom of the street calling out "Police!"—I went after her, and found her bleeding—she did not return to the house; she was taken to the policestation, where her head was dressed—the prisoner was not sober—the only row was that in getting a light I knocked an image off the mantelpiece; it was my mother's—next day my mother appeared before the Magistrate and charged the prisoner with the assault, and she was sent to prison for three months—on Saturday, July 6th, my mother complained of her jaw, and on 7th July she went to the hospital, and died on the 8th.

Cross-examined. I am a horsehair dresser—my mother was not in any business; she only went out washing—we had been to my grandfather's;

we got there about ten o'clock, and left about 11.30; we had no drink there but we had a pint of ale at my grandmother's—we are lodgers in the prisoner's house, and had been so for two three months—there was no row except by my throwing down the image—my mother and I were not quarrelling—it was an earthen flower-pot which the prisoner threw—my mother said nothing to her, only told her to go out—my mother had rceceived a wound on the top of her head about four or five weeks before, but it was not treated by doctors; she only had linseed-meal poultices—she got that wound in a row—she was not drunk—she was in the habit of taking a drop, but not to say to be a drunkard—she was able to go to the police-court the next day, Monday, but she was not drinking afterwards; we went right home—she was not drinking next day—she had some drink on the Friday—she was not drinking every day up to the time of her going to the London Hospital—the prisoner had not been very kind to my mother; I never saw her assist her or give her clothes—I had no brother living there, but seven sisters; there were eight of us altogether—they were in bed—my eldest sister was at work—I worked and gave my mother money, and so did my sister—two of us and my mother kept the family—the former wound on my mother's head had healed up.

By the COURT. My mother was not drunk on the Friday, but somebody came to see her and they had a pot of ale, that was all—she was not drunk from the time the flower-pot was thrown at her to the time she went into the hospital.

HARRIET SARAH ANN BARLOW . In the beginning of July I was living at 20, Ellesmere Road—I was sitting up in the dark, and remember my mother and brother coming home—when they were in the room the prisoner came down, burst open the door, and said, "What is this row?" she said, "There is no row;" the prisoner said, "Yes there is," and walked to the drawers and picked up a glass and said, "Let me go by"—my mother said, "Put that down and you can go by"—there were no flowers in it—she put it down, and my mother said, "You may go by now"—my aunt then picked up a flower-pot and threw it at my mother, and it struck her on the forehead—my mother and brother were sober—the prisoner said that if she did not let her go by she word beat her brains in.

Cross-examined. I was at home the whole week, till my mother went to the hospital—my mother had not been drinking during the week that I know of, but I am out all day—my mother was not in the habit of staying out so late—she was sober that night; I have seen her drunk but not many times—my brother knocked an image down in getting a light, and my aunt came in and said, "What is that row?"—it did not make a great row, the head of it fell off, that was all—I don't know whether it fell on the fender—no other lodgers were in the house.

GEORGE COWARD (Policeman K 48). On the morning of 2nd July I saw the deceased in the street bleeding from her forehead—I went to the house with her and afterwards to the station, where she had her head dressed—I saw the prisoner there about 2.15, and told her she was charged with assaulting her sister and throwing a flower-pot at her—she said, "We had some words about the son coming home to live, and I threw the flower-pot at her in the heat of passion"—she complained of being assaulted and kicked by the son, and showed me two marks, one on each shin, which had recently been done, the skin was off in each place—she was sober, and the prisoner appeared sober.

Cross-examined. The prisoner was sentenced to three months at Worship Street, and she fulfilled the sentence within a week—after the death of the deceased she was brought before the Magistrate on a writ of habeas corpus, and admitted to bail, and she has been out on bail ever since—she complained of the son coming home to live, and said, "I threw the flower-pot at her in the heat of passion."

VINCENT CORNELIUS GORMAN . I am a registered medical practitioner—on 3rd July, about 4 a.m., I saw Harriet Barlow at 'the police-station with a wound on her forehead just over one eyebrow, about 2 ¼ inches long and going to the bone—it contained the grit of a flower-pot, and dirt, and it was in a dangerous place, being over certain nerves, and other things might follow—I only saw her once.

Cross-examined. I was called in for my father, who was away—when I dressed the wound I told the deceased to go to a medical man, or to a hospital, because after the second day the wound would require fresh dressing—I heard nothing then of a wound at theback of her head.

BEDFORD FENWICK . On 7th July I was house-surgeon at the London Hospital, and I think about 2 p.m. Harriet Barlow came there suffering from lockjaw—I dressed a wound on her forehead—there was then as far as I remember a piece of plaister on it—she died of lockjaw on the 8th, fourteen hours after she was admitted—I did as much as I could for her—the wound was in a very unhealthy condition indeed, probably from a conciderable quantity of dirt having got into it—I made a post-mortem examination, and that was the only wound—she died from lockjaw produced by the wound on her forehead—that is not uncommon, especially in that position, it is a very important nerve.

Cross-examined. I cannot tell when the wound was dressed last—tetanus is attributable to many causes, but generally to a wound—if she had a wound on the back of her head a few weeks before, which had apparently healed, I could not say that that had anything to do with the lockjaw; when I found a wound like this which would be a distinct cause, I cannot attribute it to a more remote cause—if she had been drinking during the week that would make her more unhealthy.

Witness for the Defence.

ANN HODGES . I am sister to the prisoner and the deceased—the deceased was always a drunkard, and the same day that the prisoner got the three months the deceased came down and said "I have done it"—I said "What We you done?"—she said "I have given Lizzy three months, and I would give her 20 years if I could," and began to swear—my husband fell back in to chair—I said "You are a very bad sister"—she was drunk every day that week at my place—the prisoner was very kind to her, keeping her and her children, and giving them money and food, and her husband is outside to prove it—that was five or six months before she went to prison—the son was not at home much—I had two of the sons living with me—the prisoner was very quiet, she was never quarrelsome—some women hit her on the back of her head, and caused an abscess.

GUILTY Strongly recommended to mercy by the Jury. The husband of the deceased stated that he was obliged to leave her on account of her drunken habits, which so disgraced him that he had been discharged by his employer. —One Month's Imprisonment (Having already been imprisoned three months for the assault.) .

Reference Number: t18781021-872

872. FREDERICK TAYLOR (22) , Feloniously killing and slaying Daniel Saunders.

MR. POLAND conducted the Prosecution.

EDWARD LEONARD CHURCH . I am a plasterer, of Crofton Terrace, Richmond.—on 20th September I was at the corner of Acton Green, just inside the gate of Mr. Basham's new buildings, where I had been working (Pointing out the spot on apian)—the prisoner drove round the corner towards me in a two-wheeled one-horse cart of Carter Paterson's—the deceased child then ran off the footpath into the road, and was five or six feet from the footpath, when the horse struck it, knocked it down, and the wheel passed over it—the prisoner drove on about 40 yards—I ran after him, and when he saw me coming he pulled up—I had not called out then, but when he stopped I said "Good God, you have run over that child!"—he said "I know I have, I could not help it"—I said "Why don't you turn round and go and take the little thing to the hospital?"—he turned round, and then I saw Mr. Brown with the child in his arms—I have had one horse, and I should say that the prisoner was driving about 10 miles an hour—I was about 100 yards from where the child was struck—the horse was trotting very fast—the first I saw of it was the accident—I could not see him in front of the school, not till he turned the corner, and I judge the pace from that corner to the place where he stopped—drivers usually sit on the right side of the cart, but he was on the left—he could see where the child was playing.

Cross-examined by the Prisoner. I ran very fast—you had not jumped out of the cart when I got to you—you jumped out then, and told your boy to fetch a parcel.

By the COURT. I saw the child leave the pathway—I saw it before it was struck playing on the waste ground with several other children—the pathway is between the waste ground and the road—I saw the cart at the moment the child left the path—the horse might be 12 feet from the child at the moment it began to run and left the path—the cart was about 6 feet from the path—it was a nice little lad about 6 years old, and about 3 or 4 feet high—I saw no grown-up people near the children until I got up to the child, and heard nobody call out.

JAMES BROWN . I keep the Swan, Acton Green—I was on the green and saw the prisoner driving along the road in front of the Catholic School at a pace of fully 10 miles an hour—I have kept horses 40 years—he was not trotting very fast indeed—I drive faster than that on a main road in the country, but not on Acton Green—I did not see the accident, as the corner of a house prevented me, but I picked the child up and held it up to the prisoner when he was brought back, and said "This is what you have done through furious driving, you have killed the child"—he said "I don't go fast"—I said "You always go fast"—he said "I have not been long on this beat"—Mrs. Snell carried the child ho Mr.;

Cross-examined. You were going about eight miles an hour round the corner, which you increased to 10 miles by the time you passed my house EMILY LOUISA SNELL. I am the wife of George Snell, a gasfitter—I was opposite the Roman Catholic School, going the same way as the cart which passed me, but it did not strike me as going particularly fast—the next thing I saw was the wheel going over the child—I heard some one call out but I did not take much notice, I had my baby in my arms.

JAMES TREDGETT . I am 10 years old—I was playing, and saw the little child picking up a stone in the road, and the horse came along and kicked him and ran over him—the driver halloed out to him just as he got to the comer, and then the horse knocked him down.

JOHN BARTRAM . I saw the prisoner driving the cart just after it had passed over the child, he was driving certainly not more than 7 or 8 miles an hour—10 miles an hour is a heavy pace.

NOT GUILTY .

Reference Number: t18781021-873

873. WILLIAM KEEFE (17) , Feloniously killing and slaying Elizabeth Cottis. He was also charged on the Coroner's Inquisition with the like offence, MR. AUSTIN METCALFE conducted the Prosecution; and MR. T. COLE

the Defence.

MARK COTTIS . I am a horse-keeper, of 11, Portpool Lane—the deceased was my daughter—she was a few days over 6 years old and was in good health—she went to school on the afternoon of 8th October, and I afterwards saw her dead in the hospital with a wound on her head.

Cross-examined. She died seven days after the injury.

JAMES METCALFE . I am a general dealer, of 86, Gray's Inn Road—on 8th October I was in Portpool Lane, and saw the deceased child sitting on a doorstep knitting, and some boys in the street playing at tip-cat—the prisoner was playing with them, and I saw him throw a stone, which was thrown backwards and forwards, and the prisoner was throwing it with his right hand, but his hand slewed over to the left, and the stone struck the child, but not intentionally—she was picked up and given to me bleeding—I took her to the hospital—it was a large piece of flag-stone, very much like his(produced).

cross-examined. I think it struck the child's head and the door together—I think it struck the child first—it is a narrow street turning out of Gray's Inn Road, but the part where they were playing was wide—it is a public thoroughfare, and a good many people go up and down—I saw the stone in the prisoner's hand—it was from his cast.

WILLIAM WELCH . I am a coke-dealer, of 16, Portpool Lane—I was outside my house at 4.45, waiting for my tea, and saw four boys playing at tip-cat, the prisoner was one—Metcalfe said "You will do something with your larking in a minute," and then I heard the blow of a stone against a door—Metcalfe said "You have done something now with your larking," and then I looked and saw the child wounded—this stone lay on the pavement near the door and near the child—I picked it up and kicked it into the road—it weighs about 21b.

Cross-examined. I did not see who threw it—I had rather say that it struck the door-post first, because if not it would have killed the child there and then.

FREDERICK JOHN HICKS . I am resident surgeon at the Royal Free Hospital—on 8th October, about 5 p.m., the child was brought in with a depressed fracture of the skull—the bone was fractured and one side was pushed under we other—she lived seven days all but 12 hours, and died on the 15th from the result of the fracture—it was done with some blunt instrument—if this stone Passed level with the top of the child's head it would not be necessary for it to hit the door first.

GUILTY .— One Month's Imprisonment .

NEW COURT.—Wednesday, October 23rd, 1878.

Before Mr. Justice Hawkins.

Reference Number: t18781021-874

874. JAMES PRYOR (39) , Stealing two 50l. banknotes of Clara King Second Count, of the Lombard Building Society.

MR. WILLIS, Q. C., with MESSRS. BESLEY, GRAIN, and GILL, conducted the Prosecution; and MR. DIGBY SEYMOUR, Q. C., with MR. A. B. KELLY, the Defence. CLARA KING. I am single and live at 75, Riversdale Road, Highbury—I sold a house for 200l. odd, and was paid a cheque for 243l. 19s. by Mess Paterson, Sons, and Garner, Solicitors, on 1ST February, 1878; this is the cheque—the endorsement on it is my brother's—it was made out in his name—I received in exchange for it amongst other moneys four 50l. Bank of England notes—I took the numbers and gave them to Mr. Plunket, I paid two of them to the Municipal Building Society—I do not know which of the two—on the 18th February, I went to the offices of the Lombard Deposit Bank and the Lombard Building Society, at 35, Lombard Street—I saw the defendant there and paid the other two notes to him—I told him that I wished to take shares in the Lombard Building Society—he said I should find it perfectly safe, and that he would send scrip on in a week or two—he said the interest would be 6 percent.—I had previously asked the clerk in his hearing what notice would be necessary for the withdrawal of the money, and he said from three weeks to a month—I had not written on the notes before I gave them to Mr. Pryor—I received this subscription book at the same time, and Mr., Pryor wrote my name in the first page—on the second page there is the 100l. entered, and J. P. his initials, he wrote that—I came away with my book—I waited a month for my scrip certificates, they did not come—I wrote several letters to Mr. Pryor, at 35, Lombard Street, and I had no answer, and called several times—I cannot be quite certain of the date of the first letter I wrote—one was on the 6th May—I had called before that—I saw several clerks—I took my subscription book with me and called their attention to it—I think I called twice before I wrote at all—I think that must have been about a month after I left my money—I know I called on the 9th April from this memorandum on which I wrote down, it is the copy of an old letter—I have not got the copy here—on the 14th May I gave notice of withdrawal, I gave it to a clerk, Mr. Liddington—I had not seen Mr. Pryor at all since the 18th February, up to that time—on the 14th May I think he was at the back of the offices, to the best of my belief, I felt sure it was him, but his back was turned to me—I went again about three weeks afterwards—I saw some one there who spoke to me, and after that I went to Mr. William Russell Crowe, at 151, Cannon Street—I made several applications there, and took my book with me—I did not see Mr. Pryor there—the book was taken from me by Mr. Crowe and cam into an inner room—I could hear persons speaking there—I could not be certain of the voices—on the 12th July I got this letter from Mr. Crowe—I had no idea then where Mr. Wontner's offices were—the next day I went to 35, Lombard Street, and from there I went to Messrs. Plunket and Leader, in St. Paul's Churchyard—I was taken there by one of the directors—I then attended at the Mansion House on three occasions—the defendant was there under remand on those occasions—during that time I received this letter from Mr. Pryor: (Read: "Gaol of Newgate, 22nd July, 1878. Dear Madam,—I

learn with great surprise that you intend to prefer a charge against me for embezzling 100l. Before you go further in the matter I think it right to acquaint you with the facts; you handed my 100l. on account of the Building Society, and I entered it and initialled it in a passbook and gave it to you, and entered your name and address on a slip of paper, intending to hand this slip of paper to the Society's clerk on his return. On looking for the paper in the course of half an hour, it could not be found anywhere. I put the 100l. with other moneys of the Society into my desk, and told Captain crowe of the circumstances, and subsequently handed your 100l. over to captain Crowe, with 2, 400l. besides. He paid this 2, 500l. into the Hampshire Bank in my presence to the credit of the Society's account You called at the offices of Mr. Crowe about the 3rd July; you were told to wait until the 9th July, when there would be a board meeting, and it was hoped that captain Crowe would be well enough to attend and explain the circumstances. In the mean time Captain Crowe has not recovered, and I have been arrested. If this board meeting had been held, on Captain Crowe's statement the directors would have sanctioned the withdrawal of 50l. at least I am informed that Captain Crowe is at the seaside suffering from a sunstroke, but if I knew his address I would write him. However, I have told you the facts. I understand I am remanded this week without bail, in consequence of this intended unfounded charge, and I shall certainly hold you personally responsible for damages if you proceed further before you verify or falsify these statements. The Bank have commenced a prosecution which they cannot sustain, and they are now seeking extraneous aid to bolster up their charges. Rest assured, madam, of the safety of your money. For nine years I have been manager of the Lombard Building Society, and never have my accounts been found wrong, and it would be singular if yours should be the only case out of the many that have passed through my hands that have been dealt with improperly. I am cruelly persecuted by the present administrators of the Bank, and not because I have taken any of their money, if so I ought to be punished, but simply because they desire to get rid of me without giving me the moneys due to Mr. Do give these statements an investigation before you plunge yourself into false statements and me into further trouble."

WALTER ALEXANDER YATES . I am a clerk in. the Temple Bar branch of the London and Westminster Bank—Paterson and Sons have an account with us—this cheque was cashed by me—I gave in payment for it four 50l. notes, and two 20l. notes, and 3l. 19s. in gold—the 50l. notes were numbered 89910 to 13 inclusive—we invariably give new Bank of England notes up to 50l.—there were no endorsements on those I gave—they had never been need.

CHARLES JOHN WILLIAMS . I am a clerk in the Bank of England—I produce the four 50l. notes mentioned—these two numbers, 89910 and 11, came into the Bank on the 19th February from the City Bank—they had no endorsement upon them—89912 was paid in the Hall at the Bank of England for gold on the 18th February, 1878—it must have been paid in before 4 o'clock—we always ask for the name and address of the persons changing notes—those endorsed E. Keith, 17, Maple Road, Page or Penge 89913, was changed at the Bank for gold on the same day, before 4 o'clock—that had on it M. Matthews, 42, Old Kent Road, S. E.

ALBERT JAMES LIDDINGTON . In January this year I became cashier in the

Lombard Building Society—it was my duty to receive all moneys paid in on—account of the Society—Mr. Pryor was acting as manager of the Building Society, and was a servant in their employ—it was the duty of the servants of the Society who received money to pay it over to me, and I entered it in the cashbook—I don't think the Building Society had any banking account in February this year, except that in the beginning of the year they paid some money into the Hampshire Bank—before that they deposited their money with the Lombard Deposit Bank, of which Mr. Pryor was also the manager, and credit in their books was given to the Building Society—I did not receive from Mr. Pryor the two 50l. notes which Miss King paid him on 18th Feb.; I don't believe I ever did, not that I know of—I never got them to credit to Miss King—I had not made any entry of the 100l. until Miss King called—I recollect her calling and showing me her deposit-book-up to that time I did not know that she had paid in the 100l., that was about a fortnight after 18th February—I spoke to Mr. Pryor about it then; he came outside—I told him that Miss King was there, and wanted the scrip for her shares in the Building Society, and he said they should be sent on—I see some writing on these two notes—on this one, 89912, part is torn off, there is hardly enough of it to judge whose it is; it looks something like Mr. Pryor's, I believe it is, the part that is torn—the "Matthews, 42, Old Kent Road," I believe to be Mr. Pryor's too—I do not know the writing of "Keith" on the other.

Cross-examined. The one that is torn off I think looks more like Mr. Pryor's writing, the other does not look so much like it, although I believe—it is his—I have been a clerk in the Building Society about five months, but I have been in the Bank a long time, I was cashier to the Bank—I believe I went to the Building Society in February—after Mr. Pryor's arrest, the secretary or directors would open the letters; Mr. Crowe was acting as secretary, he attended every day—since Mr. Pryor's arrest he has continued to act for the Building Society—I believe he is now secretary and manager of it; he is in Court—he has an office at 151, Cannon Street—when Miss King called about a fortnight after 18th February and spoke to me, there were perhaps two or three clerks there—it then became known to me in their presence that she was a depositor for 100l. with the Building Society—this book, initialled by Mr. Pryor, is the ordinary book kept by proprietors, which they bring with them to get their interest—the production of that book to any clerk in the office would show that she was a depositor for 100l.—there is a register of shareholders—I don't recollect Mr. Pryor saying anything to me about having lost the slip. with Miss King's address on it—I recollect a search being made on that same day by Mr. Pryor's direction; he searched himself in his office, I saw him looking about his office; I did not take part in the search, I don't know whether the other clerks did—it was known in the office that Miss King had paid 100l.—I believe money was lent by the Building Society through Mr. Pryor to the Bank—when it was lent, I O U's were given by the Building Society, and were put in my till as cash—Mr. Pellow was cashier of the Bank—the Building Society would sometimes borrow from Pellow, and sometimes the Bank through Pellow would borrow from the Building Society—I recollect an I O U with reference to this matter being given by Mr. Pellow—there was an inquiry into the position, liabilities, and assets of the Building Society, previous to September last—I believe Messrs. Lee and

Reynolds, Accountants, of Poultry Chambers, were instructed to make inquiry and assist in examining the figures and reporting to the directors—the directors were the same in the Building Society and the Bank—they lie different now—the gentlemen who were directors of the Building Society on 4th September are directors now, I believe—Mr. Crowe is the manager—we had no balance-sheets such as this (produced)—no monthly balancesheets of this kind were prepared by the Building Society periodically, or at my time that I am aware of—there have been statements made by the Building Society, but I have not seen them—I should have seen any statements of liabilities of the Building Society to Miss King or anybody else—I have seen this book before (produced)—supposing moneys' to be lent from the Building Society to the Bank, Mr. Pellow would be the person to give the I O U for it—he was cashier on the 1st April—this paper (Produced) is his handwriting—I do not know whether he appeared before Messrs. Lee and Reynolds, the accountants—I believe!'. Pryor had from me, previous to 1ST April, a sum of 200l., of which he paid back 190l.; if the books were here they would prove it—I cannot answer the question without the books, but I believe so—I have a recollection of something of the kind, of 190l. out of 200l. being paid back, about the 1st April—it might have been before 1st April, but I am not sure of the date at all—the Bank, through Mr. Pryor, had 200l. from the Building Society; I believe so—before 1st April I, on the part of the Building Society, accommodated the Bank, through Pryor, with 200l. on an I O U—to the best of my belief the Bank had received that 200l.—the Building Society's cash-book will show the 190l. repaid—it is a new book—I believe that is the book (produced)—I kept that book; there was a sum of 190l. repaid to the building Society through Mr. Pryor, as entered here, on 1st March, 1878—I do not recollect being told at that time by Mr. Pryor that there was a sum of 110l. held by the Bank for the Building Society—I do not recollect any conversation with him about it—there was a sum of 100l. paid through an 10 U—I do not know that it was Miss King's—I do not know that it was spoken of by Mr. Pellow and Mr. Pryor—I knew by the I O U which I had in my till that there was another 100l. due to the Building Society—I do not know where the I O U is now—it was in my till—those I O U's went back to the Bank and were paid back, and if paid the I O U would be given back to Mr. Pellow—Mr. Pryor was a salaried servant of the Building Society and the Bank—he was one of the largest shareholders in the Bank—he was managing director of the Building Society—in the conduct of business, if no directors were present, he had authority to deal and give orders as he thought best—if moneys were paid to him on behalf of the Building Society, and he chose, for the interest of the Bank and of the Building Society, to lend it to the Bank, it would be a transaction within his ordinary province—Q. Supposing the two 50l. notes were handed to Captain Crowe, or to the Bank, would it be the ordinary course of business that it should be repaid some time by an IOU from the cashier of the Bank? A. Well, things were manipulated like that some times. Q. That is, a sum of money received from a depositor in the Building Society would sometimes handed over for the purposes of the Bank, the cashier of the Bank giving his IOU? A. Not always in that way—I do not know a case that kind—money was handed in, and an IOU given—they would get the IOU at the same time, but sometimes not—at other times the same day

as a rule—sometimes in the press of business a few days might elapse—I had two or three IOU's in my till, I think, relating to transactions of this kind—I had not five or six—I had about three or four—they would be Mr. Pellow's IOU's for money I had lent him, with Mr. Pryor's approval, it was through him it was done, lent by his direction—that was a thing entirely within the province of Mr. Pryor—the books would show that the person producing the book would be entitled to the scrip—Mr. Pryor could not have concealed the fact that Miss King was entitled to the scrip, as soon as the book was produced by her—Mr. Pryor did not sign the book, the directors had to sign it—they met about once a month, and sometimes six weeks—if the directors found that, by oversight, the scrip had not been sent to a depositor, it would be written out and sent, if the money had been paid—on Mr. Pryor having taken the loan an initialled the book, the granting of scrip would be a formality, after the book had gone out—Mr. Edward Lee was solicitor to the Building Society—Mr. Lee is not assisting in this prosecution that I am aware of—he is now the solicitor for the Building Society—there are two of the directors of the Building Society in Court—I believe that Mr. Lee and the directors are no parties to this prosecution.

Re-examined. In February the directors of' the Building Society were Captain Sleeman, Captain Crowe, and Mr. Mahon—Mr. Lee was the solicitor both for the Building Society and the Deposit Bank—I kept the books of the Building Society—I was at 35, Lombard Street before Mr. Pellow came there—I think he came the about the 25th of February last—I was at the Bank before Mr. Pellow came—he is not there now, he left when the Bank went into liquidation—prior his coming I did the work both for the Bank and the Building Society—on 18th February I was acting for both—this was the cash-book of the Building Society in use on the 18th February of the present year—that is the book in which, if I had received the money, I should have entered the sums paid by Miss King—I do not find any such entry in that book—the book goes to the 28th February—I do not find any entry here of money having been received from Miss King on the 28th Feb—this is the 9 cash-book of the Building Society—it was put in use on 1ST March, 1878—it came to be used on March 1ST because I was made cashier only of the Building Society—things are carried over to the Bank—that is the Building Society cash-book only—we began a new book on 1ST March because we had not kept the two accounts separately; we had mixed the money—in that book there are entries only of the Building Society's moneys—the moneys had been mixed—that book is for the Building Society only, and this book of 1ST March is for the Building Society only—on the 18th February I was also cashier of the Deposit Bank—money borrowed for the Bank would be in the I 0 U—it would be my duty to enter into the cash-book of the Bank moneys I received on their account—I have the cash-book here—that book was kept by me—these entries were made by me on the days on which they purport to be made—they were matters which came through my own cognizance—I find moneys entered as received from the Bank to the Building Society, 22l. 10s—the Building Society and the Bank money was mixed, and. the difference at the end of the day was brought into the Bank book and was balanced in the same way on the opposite side—there would be an entry in the book at the end, of the different balances—Mr. Pryor was the manager of the Bank, and he was aware of the way in which I conducted the business to which I was appointed—I am not a clerk

of the Bank now, I am doing nothing—I left two months ago—I can tell up to what time I stayed with the Building Society by looking at the book (book produced)—I think it was May 25th—it was 20th May I finished being cashier of the Society—if money was lent an I O U would be given at the time, or a little afterwards, that is money lent by the Building Society to the Bank. (Paper put in and read: "Lombard Bank (Limited) and Building Society, 1ST April, 1878. James Pryor, Esq. I 0 U one hundred and ten pounds. On behalf of the Lombard Bank lent Signed, E. T. Pellow, cashier.") I last saw Captain Crowe a long time ago—Mr. William Rossell Crowe is the son of Captain Crowe—he acted in the Building Society matters, and does now—he is the secretary—(letter produced) I do not believe this is Mr. Crowe's hand-writing—I think it is his cashier's.

By MR. SEYMOUR. 190l. was paid into the Building Society on the 1ST March—I got this I O U for 110l. from Mr. Pryor, as representing the Bank—I believe that reduced the indebtedness of the Bank to the Building Society to the extent of 110l.—I did not know that 100l. of that was part of the money lent to the Bank—I have not hearci it mentioned that the 100l. had anything to do with the I O U.

ROBERT MACKINTOSH . I am a clerk at the City Bank—the Municipal Building Society has an account at our Ludgate Hill branch—they paid two 50l. notes into the bank on the 18th February—I paid them into our account at the Bank of England in the ordinary course on the morning of the 19th—I have our books here (referring)—the numbers were 89910 to 11.

WALTER MANNING . I was a clerk in the Lombard Deposit Bank from April, 1877, for a period of about 16 months—during that time I became acquainted with the handwriting of Mr. 'Pryor—I see some writing on the back of this note, No. 89912—it is the handwriting of Mr. Pryor—it is the part where it is torn—I am certain of it—upon the other there is "Matthews" written—that is the handwriting of Mr. Pryor.

Cross-examined. I am quite sure of the hand-writing on the torn part—there is no difference between the two writings—they are both the same, both this end part and the name of Matthews—I know because I am so. well acquainted with Mr. Pryor's hand-writing—there is no difference whatever between the two.

By the COURT. I know nothing about "E. Keith "—I have not looked at it—(after looking) no, I do not know that.

ROBERT OUTRAM (City Detective Sergeant). I had instructions to trace out these notes—I found certain addresses upon them—there is an address, "Matthews, 42, Old Kent Boad"—I went there—I could not find any such person living there—it was an old established livery-yard—I forget the name—it was not the name of Matthews—with reference to Keith, I have only this morning ascertained where there is a Maple Road—it is said to be at Penge—it is Page on the note—I read it Page.

Cross-examined. I forget the name at the address of Matthews—I have it somewhere—the public-house is not connected with the yard—there is a public-house at the corner of the yard, but not connected with the No. 42—I saw a gentleman representing himself to be the son of the owner of that stable-yard at the number referred to—I inquired for Mr. Matthews, and they did not know him—there was no such name as Matthews known there. By the COURT. I forget the name of the livery-stable keeper—I will look—I made a memdrandum, but do not see it now—it was not Matthews—nothing

like it—I fancy it was Willcox—I made no inquiry anywhere else—I asked the son "Do you know a Mr. Matthews?"—he said "No"—I told him that I was endeavouring to find a man whose name was on a 50l. note—he said "No, there is no such person here"—he being a respectable business-like person, I took it for granted it was so—I did not go into the public-house at the corner of the mews, because it was not the number—it was a very large yard—I find the name was Morris.

HENRY JONES . I have been to West Lodge, Clapham—that was the residence of the defendant in February of this year—I was a clerk in the Lombard Bank—he was living at West Lodge, Clapham, in February, 1878.

HENRY GEORGE HOARE . The Lombard Building Society opened an account with our bank, the Capital and County Bank, formerly the Hampshire Bank, on March 16th, with a sum of 2,100l.

MR. SEYMOUR submitted that there was no case to go to the Jury.

MR. JUSTICE HAWKINS. The substantial question is whether or not the money which it is said the Prisoner received on behalf of the Lombard Building Society on the 18th February was fraudulently appropriated to his own use, or whether it was kept by him and passed into the account of the Company, irregular though that may be. Assuming that was not so, there is an end of the case, and I think there is an end of the case as to the larceny with regard to the property of Miss King, because there is no evidence to show that at the time the prisoner took this money into his possession he then had it in his mind to convert it to his own use. He had authority to receive. His duty was to pay over to the cashier, but he had an authority, if he thought fit to exercise it, to lend the money to the Lombard Bank, of which he was manager. The question is whether he did lend it to the Lombard Bank or did account for it in the alternative to the cashier, or whether he appropriated it to his own use with a view personally to take the benefit of it and to conceal it.

A. J. LIDDINGTON (Re-examined by the COURT). These entries in the cash-book on 27th February are Mr. Pellow's—I do not know the handwriting of the name of Keith on this torn note, it is something like Mr. Pellow's, but of course I don't know, I should be sorry to say. The following Witnesses were called for the Defence. EDWARD T. PELLOW. I was cashier of the Lombard Deposit Bank—this I O U for 110l. dated 1ST April, is in my handwriting, it was handed by me to Mr. Pryor, I think some days previously to that date, I should think within ten days—I have not the means here of fixing the date with certainty; the entry was made in pencil; the 110l. was handed to me—when money was paid into the bank, the bank constantly made loans out of it, in large and small sums—I see a cash statement in this printed document (produced) of 100l. and 200l.—I made up a manuscript account showing the balance there; I have not got it, I believe Mr. Chapman, the solicitor, has it—I made it out last-week—I did not make out the original, my statement was in another form; this was embodied in my statement, and there was an addition to it—this paper is what I mean—the statement at the top of this printed matter is what I made out in detail, with additions; the subsequent part called "Cash statement, and analysis of Cash statement" I did not make out, I simply checked them—I see the third printed entry at the top of the page on the lefthand side, under the head of "Manager's balance sheet," I have it also in the manuscript—I got that from the printed matter,

my manuscript is part of the print and an addition as well—I did not give evidence before the committee of investigation, the accountants—I do not myself know of an entry of 190l. on account of the Bank by Mr. Pryor, I see it entered here—Mr. Liddington kept the cashier's book of the Building Society, I kept the cashbook of the Bank—if 190l. was taken from the Bank coffers it would be in the Bank cashbook, or if it was the subject of an I 0 U—I did not see the balance-sheet that was published by the Building Society—the whole of the payments ought to appear in the Bank cash-book—I checked this with the counterfoils of the receipts which were given, the book itself I had not access to; sometimes I gave the receipts, sometimes those at the counter—if there was 100l. for which a receipt was given that would appear in a counterfoil (Mr. Crowe produced the receipts)—the I 0 U's were entered in pencil as a memorandum and would be kept in suspense; that would not appear in any book, because in some cases it was repaid, without appearing in the books, perhaps repaid the following day—that frequently happened in the course of business; it might last over three or four days—the entries would be made in pencil for the purpose of making the balance of the day, and then they would be rubbed out—I got value for my I 0 U from Mr. Pryor, and I had it some days before 1ST April, 1 cannot say within a week or ten days.

By like COURT. I believe I entered into the service of the Bank on 25th February—I believe it was the practice of the Building Society to pay over the balance of cash in their hands to the Bank on each day—these three entries in the cashbook are mine, the writing on the notes is not mine, I have not the least idea whose it is.

WILLIAM RUSSELL CROWE . I am acting manager of the Lombard Building Society—I am a public accountant by profession—I was appointed acting manager one day in August last, at a general meeting of the members—previous to that I acted as secretary, from the 12th of April (that was immediately after Mr. Pryor's arrest upon the charge on which he was tried and acquitted); and the books were removed to my offices in Cannon Street—the letters and communications after that would not necessarily come to me, some were sent over to me, but the letters arriving at Lombard Street were generally opened before coming to me, I cannot say by whom, the persons in possession—the directors were not in the habit of going in there; the prisoner had not access to them, they would not be given to him—I had no office in the Building Society before he was arrested—saw Miss King at my office, I cannot remember how soon after the prisoner's arrest; it was soon after I was appointed, I think it would be somewhere in April—I don't remember whether I saw the members' subscription book, if I did not my clerk did—that book is regarded as the record of the transaction between the Building Society and the depositor, entitling the depositor to the scrip—it did not come to my knowledge that she complained of not getting the scrip, I think I heard nothing about the scrip—she gave notice to withdraw the 100l.—the formal granting of scrip is a matter within the duty of the directors when they meet—I looked through the books with regard to the 100l., and found no entry of it, and I informed her that there was no entry in the books showing that she had paid the money—my clerk searched the books, and I subsequently looked and found no entry of Miss King's name; and I subsequently spoke to Mr. Pryor, and he acknowledged to having received the

money—he explained to me about the entry on the slip of paper—accountants were employed to go through the affairs of the Building Society, and they prepared a balance-sheet—when I first spoke to Mr. Pryor about Miss King's 100l. he said he had accounted for it; properly, he ought to have placed it in my hands—I think that was after he was acquitted; I am not sure whether he was out on bail, or whether he had been acquitted; it was after his acquittal on the first charge—he said he would not pay the money to the Building Society because he had already used it for the Building Society's service, but he would leave it privately in my hands pending an investigation, so that I might pay Miss King; this I refused, because the trustees had passed a resolution that they would only pay 10s. in the pound down, to all applicants for withdrawals; therefore I could only have paid her over 50l—he wanted me to hold the 100l. in my possession privately, and pay her the 100l. from the Building Society, and when I was satisfied that he had applied the money to the Building Society's use, he was to have it back again—he wished the lady to have the 100l. without giving her further trouble—I never acknowledged Miss King as a member, because I could not trace her name in the books; I am only giving you the explanation that Mr. Pryor gave me—the matter as to how far this money had been applied for the Society's use was investigated afterwards by the accountant a, but before I had time to investigate it Mr. Pryor was in custody again, on the charge of stealing the spoons—Messrs. Lee and Reynolds made out a balance-sheet—they were thoroughly independent persons, appointed by the directors and others at a general meeting; I don't think they knew Mr. Pryor—I have brought the original manuscript of the balance sheet for the prosecution; they subpoenaed me to produce what balance-sheets I had; that is the only one I have ever seen—there is a resolution of the directors approving and adopting that balance-sheet; in it they credit Miss King and debit the Lombard Bank—Mr. Pryor attended on the accountants; I was away at the time when this balance-sheet was made out—I know nothing about Mr. Pellow's I O U—the directors of the Building, Society are not prosecuting Mr. Pryor; they are not the same directors who were in last February; they were not appointed till August.

Cross-examined by MR. BESLEY. I was appointed secretary pro tem, on the 12th April, and I removed the books on the 4th May to my office; the porter brought them over—they are not the offices of the—Building Society; they are my offices, but they give me so much a year to represent them as manager and to let them have their books there—the directors of the Building Society are all commercial men—the trustees are Captain Sleeman, Captain Mahon, and my father, but they do not act—they were also directors of the Deposit Bank—I occasionally went to the Bank whilst my father was a director; I was a shareholder—I borrowed 500l. from the Bank on a bill of sale in December, 1875, and paid it back—I don't recollect who I received the bill of sale from—I got it back—I-paid back every farthing I borrowed—I was not the channel through whom a sum of 500l. or 600l. was paid, in reference to the Saw Mills and Short-length Timber Company—I did not pay that money, I knew of it—it was a sum of 800l. or 900l., but I knew nothing of so large a sum as that, I had a transaction for a smaller amount—I was not a party to compromising those claims—I was in Norfolk at the time—I was subpoenaed to the Mansion House when Mr. Pryor was there under charge in reference to the spoons—my father was away before the

summonses were issued against him, Captain Sleeman and Captain. mason—I knew that he was required to attend, because I went down to Brighton and saw him—Mr. Pryor explained to me about Miss King's 100l. between the time when he was acquitted on the other charge and his being re-arrested—I cannot swear it was before the 11th July—this letter of 11th July was written by my authority. (Letter read:"To Miss King, 75, Riversdale Road, Highbury, from Bossell Crowe and Company, accountants, banking and insurance agents, 151, Cannon Street Dear Madam: Re Lombard Building Society. I beg to inform you that the Chairman of the Board is at present in Paris" (Colonel Mahon waschairman), "and one of the trustees has been sun-struck, and is now at Brighton for the benefit of his health" (that was my father); "consequently there was no meeting today. I think you had better see Mr. Pryor's solicitor, Mr. St. John Wontner, with reference there to"—(Mr. Wontner appeared for Mr. Pryor at the Mansion House, in reference to the charge of the spoons—I should think this letter was written after that)—"as I cannot upon my own responsibility without first obtaining instructions from the board." That was written after I left at night—I instructed my clerk to write that—I gave him general instructions—I should not have written quite in that sense if I had dictated the letter—before that Miss King had come to my office one day when Mr. Pryor was in the inside office—I don't recollect asking her to let me have the book to show Mr. Pryor; I may have done so—I went in to Mr. Pryor in reference to her application, and he admitted the obligation—he said he had initialled the book, but I forget whether I had the book in my hand or not—I told Miss King that if she would call on the following Tuesday I hoped to be in a position to give her a cheque—she said that she was in urgent need of 50l.—at the time the proposal was made to me she wished Mr. to speak to Mr. Pryor, and as he had the money, to be kind enough to let her have half of it—I only knew from what she said that the money had been paid in—I don't know whether it was on that occasion that she showed me the book—I believe I have seen the book—I don't remember that it was on that occasion that she asked me to go back and ask Mr. Pryor to let her have the 50l.—she did ask me to let her have it on one occasion—she never asked me to intercede with Mr. Pryor to let her have 50l., and if not, a portion; she never put it in that way to me—I told her that we were only paying 10s. in the pound with respect to withdrawals—she said she should be very glad to have that—I said; "I cannot let you have it, because it appears to me that you have paid nothing to the Society," and then it was, I think, that she subsequently came with her book—I cannot say whether the interview with her at which I told her that I hoped to be able to give her a cheque on the following Tuesday was before or after that letter of the 11th July; I could not tell without my call-book—I could not say whether it was on the 28th June—I cannot say anything about dates—I don't remember whether I ever took the book in to Mr. Pryor—I remember seeing the book in Miss King's possession—I don't remember whether it was on that occasion that she begged me to give her as much money as we could—I did not say that there would be a meeting of directors on the following Tuesday, and that I would do something for her—our meeting was on Monday—I suggested that she should call on Tuesday, and Mr. Pryor had told me in the meantime that some arrangement could be made by which she could have

10s. in the pound—I don't remember whether she did come on the Tuesday—I think I wrote to her—the 11th July was on Thursday—it was on Thursday that she called on me, and on the following Saturday Mr. Pryor was given into custody for stealing the spoons—the present directors had not been appointed, but the trustees were then acting as directors and trustees—I told her to go to Mr. Wontner, because Mr. Pryor was then in custody—I remember now, I spoke to Mr. Wontner about it, at the Mansion House—I don't know whether that was after Miss King had signed the charge sheet—I never told Miss King that Mr. Pryor was desirous of giving her the 100l.—we have now ceased to pay 10s. in the pound—since the Bank has stopped the directors have refused to pay more, pending the adjustment of the accounts and settlement of these actions—I was sent for trial with the directors of the City and County Bank—I have not paid a farthing not to be prosecuted—I was exonerated by the committee of investigation from all connection with the City and County Bank—I do not know where my father is at the present moment, he is very ill, I can tell you that Re-examined. My father's illness and absence from London were altogether irrespective of any imputation upon him with regard to these matters—he had the sunstroke in coming from the Crimea, and he has felt it ever since—he was a captain of cavalry—he could not give evidence, he is very ill indeed—Mr. Pryor never in any way directly or indirectly denied or repudiated the fact that he had received the 100l, from the first he said that he had got it, and that it had been paid to the Bank—he was anxious that Miss King should get her 100l, leaving the question of his position to be settled on investigation—I do not owe the Bank a farthing—I do not recognise the writing of "Matthews" on this note—I know—Mr. Pryor's writing—I should say it is not his, but I will not swear it is not—I believe it is not his—I don't recognise it at all—I could not judge of the other, they are such little pieces to look at—I should say the two are similar—I don't think it is Mr. Pryor's—the "th" in this is like the "th" in Matthews—that is what I judge by.

EDWARD LEE . On 27th, 28th, and 29th June last, I was solicitor to the LombardBank I received a letter from Mr. Wontner, Mr. Pryor's solicitor—I wrote in reply—I have not found the letter—I was only subpoenaed his morning. (Read: "I have seen my clients on the subject of your letter of the 27th threatening to take proceedings against them for moneys alleged to be due to Mr. Pryor, and also for damage by the late prosecution taken against them. In reply there to, I have to suggest that with regard to the matters referred to in the first part of your letter, all questions of account be referred to two independent accountants.")I received the letter referred to there from Mr. Wontner—Mr. Pryor had made a claim against, the Bank that they were in his debt—I forget the extent—several matters were mentioned in the letter, some were matters of account—I believe it was over 1,000l.—I wrote my letter after communication with the Board—a special meeting had been called in consequence of Messrs. Wontner's letter, and I was instructed to write the letter which has just been read—the contemplation on all sides was to refer the matter to arbitration, except the threatened execution—I know that gentleman standing there with the black moistache—his name is Mr. Bernard Bowler—no doubt he was made shareholder to the extent of five shares in order to institute these roceedings;

that put an end to the arbitration—I believe Pryor was given into custody the same day I wrote that letter—I think Bowler was made a shareholder the same week, and I was at the Board and protested against him—he brought a charge first of all against Mr. Pryor for assault at the police-station—these other charges grew gradually—Mr. Pryor had knocked him down for his impudence, then he made this charge—early in the year some difference of opinion had arisen between the new directors of the Bank, and the old directors who were trustees of the Building Society—previous to these differences, money from the Building Society, or received on account of the Building Society, would, as a matter of course, go at once into the offers of the Bank—I recommended the trustees of the Building Society not to allow their money to remain at the Lombard Deposit Bank, I thought they ought to seek other investments—I advised that a banking account should be opened elsewhere—several banks were mentioned, and eventually the Hampshire Bank was agreed upon, and an account was opened in the names of two of the trustees of the Building Society, Mr. Sleeman and Captain Crowe—I cannot fix the date, but assuming the account was opened on 18th February, moneys received by Pryor ought to have gone into the Hampshire Banking Company—after my instructions in February Mr. Pryor was reducing the amount of money he held on account of the Building Society by the Bank, that was by my suggestion—it was a question of thousands at first—at the time when I suggested that they had no right to leave funds in the hands of the Lombard Bank they had 6,000l., and I said as trustees they were personally liable, and the funds bought to be put into some sounder investment—the account was reduced very considerably, to a few hundreds.

Cross-examined. I was not present when the account was opened—I cannot tell you when the Building Society ceased to pay money into the Deposit Bank—prior to the opening cash might have been paid into the Deposit Bank up to the 18th February, because the Bank kept the same staff of clerks as the Building Society, and all sums must have passed through their hands—I do not know whether Pryor was a salaried clerk of the Building Society—I do not think he was—he was manager—some arrangement was made that the Building Society should receive certain interest from the Bank for the business which was carried on—it was Pryor's business originally—I do not know that he was paid by the Building Society—he was paid by the Bank Re-examined. I have not compared these notes carefully—I see the name of Matthews on this one—the "S. E." looks like Pryor's handwriting; I would not like to say positively—I form no opinion upon it—if I had been asked at first whether it was Pryor's writing I should probably have said no, but I do not like to say that in the face of the other evidence—if I had not heard the other evidence I would not say so—I would not say so now—the writing of, Matthews and Keith are certainly distinct—having expressed no opinion with regard to the clear signature I should not like to express one on the other note—I could not recognise them.

NOT GUILTY .

FOURTH COURT.—Wednesday, October 23rd, 1878.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18781021-875

875. JOHN BROWN** (21) PLEADED GUILTY to stealing a spirit-level and saw of Henry Fincham, and a screwdriver and hammer of other ersons;

also two saws and a plane of George Marsden , after a previous conviction in october, 1872.— Five Years' Penal Servitute .

Reference Number: t18781021-876

876. JOHN Mc DONALD (52) to committing wilful damage to a pane of glass, value 12l. [Pleaded guilty: See original trial image.] —Three Months' Imprisonment.

Reference Number: t18781021-877

877. ARTHUR JOYCE (22) to three indictments for stealing sheets, socks, and other articles, of William Stockwell and others, after a previous conviction.— [Pleaded guilty: See original trial image.] Two Years' Imprisonment .

Reference Number: t18781021-878

878. AMBROSE RICHARD RENTON (31) to stealing a purse, a cheque for 10l., and 2l. in money, of Augusta Louisa Appleyard; also to stealing, in Surrey, five coats and other articles of George Edward Doorley, after a previous conviction.— [Pleaded guilty: See original trial image.] Seven years' Penal Servitude .

Reference Number: t18781021-879

879. JOHN JOSEPH WILLIAMSON (38) to feloniously forging and uttering an endorsement on a cheque for 7l. 10s., with intent to defraud; also to feloniously uttering a forged receipt for money.— [Pleaded guilty: See original trial image.] Three Months' Imprisonment . And

Reference Number: t18781021-880

880. AUGUSTUS TAYLOR (45) to unlawfully uttering a document purporting to be a discharge from the Royal Artillery.— [Pleaded guilty: See original trial image.] Eighteen Months' Imprisonment .

Reference Number: t18781021-881

881. FRANCIS LAFFER (28) , Obtaining four springs, &c., by false pretences, and WILLIAM COOK (42) , Feloniously receiving the same.

MR. F. H. LEWIS conducted the prosecution; MR. PURCELL appeared for Laffar, and MR. FULTON for cook.

JOHN LAMBERT . I am a coachmaker at 66, Great Queen Street—I have been carrying on business with Messrs. Pfeil and Co. by means of a passbook—they are ironmongers—when goods were required we sent a man with the book produced; he was to get what he wanted and have them entered in the book—we received an invoice for them perhaps quarterly or monthly—Laffar had been in my employment four or five years or longer—he was aware of our custom with reference to the passbook—he frequently had access to it—on the 6th September I received an invoice for some articles that are not entered in that book, and found they were not for me—I went to the prosecutors, and took the invoice back to them and said it was not or me—they had not got the book; it was taken away by the man who fetched the goods—I find no entry in this book of any of the goods there which I never ordered, four cart arms and three bundles of spring steel, nor did I give Laffer or any other person authority to order them—two or three days afterwards, when before the Magistrate, I got back the book—it was left at Laffer's residence, I believe.

Cross-examined by MR. PURCELL. We sent the book blank to Messrs. Pfeil with a verbal order for the goods wanted; they enterthe goods and send them at the same time—Laffer may have been eight years in my service—the way of dealing with the book is left about and sent by various men to Messrs. Pfeil—we have 30 or 40 men.

JOHNRENNIE. I am porter to Messrs. Pfeil and Co., of Broad Street—on 6th September I was at work very early in the morning—I recollect someone calling, I do not know who, and presenting this book—he had a squint—he said he came from Lambert's—he produced the book and ordered goods of me—I knew the custom; if the book came we were to allow them to have anything they asked for—I delivered all these goods—there was a van standing at the door—this was between 8.30 and 9 a.m.—the carman was there, and the man who came to ask for the goods.

MARY ANN GOLDSBORO . I live at 7, Twyford, Buildings, Great Queen Street—Laffar lives on the same floor—a man named Dell used to come then, but is not living there—I did see the book at the house where Laffer was living—I do not know where Dell lives—I believe he is Laffer's brother-in-law—he does not squint—I delivered the book to the police; it was given to me by two respectably—dressed men, about 11.45, to give to Mr. Dell when he came there—I had never seen them before—I and Laffer living on the same floor, the same knock applies for me as for him—two knocks came and I went down to the door the same morning that Laffer was token to Bow Street—his sister and father had then gone to Bow Street—Laffer was taken about half-past eight or a quarter to nine, as near as I Member—I, took the book down to the police-station—I believe Dell is a billiard-marker.

JOHN LEADER . 1 live at 8, White Hart Street, and am a carman—I have known Laffer some years—on 5th September, about 11.45 p.m., he came to Be with another—we went into a public-house—he said he wanted me to do a job for the other party in the morning—I supposed it was to move some furniture; I did not ask him who the job was for—I met him next morning; he introduced me to the same party I saw the night before—I went to where he was working at 6.50 in the morning—I had no conversation with him then as to where I was to go—I went to Bennett, kind his van, and then went to Endell Street, at the request of the man who had hired the van—we went to Broad Street first; then we were ordered to go to Dun's Passage, and there received four springs and an axletree—then we went to Broad Street and received three bundles of steel; we were then ordered to drive over the water—the people for whom we got the goods ordered us—we went into the London Road and several other places—they seemed to be trying to sell the goods on the way—in the London Road they brought a party to look at them who seemed to have nothing; to do with them and went away again—the first I saw of cook was in the Kent Road—he was brought by another party—I now know him by the name of Guard—Cook came and looked at the goods and went away—we had orders after half an hour to take them round to his place—we took them round, and I saw them carried in and delivered at his place. Cross-examined by MR. FULTON. Cook went away then; afterwards Garrard went, and when he returned he said "Just take them round here"—when Cook came they seemed to be talking together; dealing; trying to arrange what money should be paid for the springs—Cook went away in consequence, as I supposed, of his not being able to come to terms with the men—Cook, went away; some time elapsed before the other man went after him; it might have been half an hour—during the half-hour they were not still hawking the goods about—at the end of the half-hour the other man fetched Cook and they came back again—then there was a conversation, and at the close of it I was told to take them round to Cook's, and I took them JOHN CHILDS. I am in the service of Messrs. Pfeil and Co.—I saw some van springs at the police-court—the wholesale invoice price of them is nearly 12l.—the retail price would be higher—a truck-maker would undoubtedly be likely to know the value of those things. Cross-examined by MR. FULTON.11l. 8s. 4d. is not the price at which they would be invoiced at three months' credit, and 5 per cent at the end

of the three months—possibly the purchaser would get three months' credit—that is the usual custom—they would get no discount at the end of the three months—the springs were country made—they are quite as good as London made springs, and as easy to dispose of—they were black; not polished.

ALFRED BROWN (Police Sergeant). I received information about the sale of these goods to Cook and went to his place—I asked whether he bought them—he produced this receipt—I found the goods in no way concealed, or the right hand side at the back of the shop—I asked from whom he bought them—he said from a man he knew by the name of Spooner—I took the springs away, and afterwards to the station.

Cross-examined by MR. FULTON. He at once said he purchased the springs, told me the price he gave for them, and produced the receipt—he showed me where they were—they were placed in the ordinary way in the shop near the back.

WILLIAM GARRARD . I am a wheelwright—I know Cook as a cart and van builder for a great number of years—I saw the goods sold—they was offered to me—a man named Davis, a blacksmith, referred them to me—I work for Mr. Spooner, a wheelwright and coachmaker—he did not go to look at the goods; he was very ill—I went round to Mr. Cook, who said he had got a 5l. note to spare—that was all the money he got, and ultimately he gave that amount—a shortish man took the money, and gave it over to another man with a cast in his eye—the man with the cast in his eye did not give the receipt, but the other one.

Cross-examined by MR. FULTON. Cook said that was all the money he had got to spare—I should not think they were worth any more.

JOHN LAMBERT (Re-examined). 7 a.m. was Laffer's right time to come for work—he leaves for breakfast about 8 o'clock, and should come back again about half-past 8—the men are not quite strict to the minute.

LANE (Policeman). I took Laffer upon the charge of obtaining these goods by false pretences—he told me he met a man who asked him if he could do a moving job for him, and wanted him to do it with his trolly. COOK— NOT GUILTY . LAFFER— GUILTY Eight Months' Imprisonment

Reference Number: t18781021-882

882. LEOPOLD DE ROUXEL (50) , Feloniously forging and uttering a cheque for 300l. with intent to defraud.

MESSRS. POLAND and STRAIGHT conducted the Prosecution. WILLIAM HENRY DISNEY. I am aclerk in the employment of Mean. Mullens and Bosanquet, solicitors to the Bankers' Association, who conduct this rosecution—I served personally upon the prisoner a notice to produce an order for payment of money, dated 11th September, 1878, purporting to be signed by M. Lafitau, of St. James'; this is a copy of it.

JAMES WILLIAM BARK , I live at Knightsbridge, and am a valet—I have known the prisoner as a hairdresser at Church Place, Piccadilly, for two years—about Tuesday, 10th September, I saw him at the Goat public-house, Stafford Street—he said something about wanting me to cash a cheque for him which he would bring to me next day—I went to the Goat next day—he did not come, but the following day I saw him there—he said "I have brought the cheque," and placed it on the bar, and asked me to change it—I looked at it, and pointed out some errors—it said "Please pay to order the sum of 300l."—it was drawn on the City Bank Branch, Bond

Street, and signed by Mr. Lafittau—it was on plain paper, with a 3s. stamp upon it—I found "Oder" on it—I said "It does not look feasible, it is not 'Order," and two "O's" between the "300," and I said I would have nothing more to do with it—he said he had overrun his account at the bank, and did not want to go himself, as he was afraid they would deduct the money he owed for the cheque—1 left it with him.

Cross-examined by the Prisoner. I came to your shop, and asked you to recommend me to gentlemen as a valet—I did not tell you I had pawned all my clothes—I did not ask you to give me a shilling because I had no breakfast—I saw you on the Monday and Tuesday on the cheque business—when I pointed out the error "Oder," I said it ought to be order; you took the pen up, and asked me to put an r in between the o and the d—I said, "No, I will have nothing to do with it," and you put the r in yourself—I asked you why you did not go to the bank yourself—I said I had had transactions with the bank, and did not like to go with the cheque, neither would I, and I left it with you—I did not say, "If you give the cheque to my friend he will go himself"—you asked me if I knew any one who would take the cheque; I said "No," and walked away, but previously to that I had spoken to Rosson, and said that I had a cheque to change for you, thinking the cheque was on printed paper instead of being drawn up on a bill of exchange—I had not seen it then—I never saw Boson until the Saturday, and then he told me you were apprehended—I directly went to Mrs. Lafittau; Sergeant Butcher was coming up the stairs as I was coming down from seeing her—I was not there when the cheque was given back, neither did I know until the Saturday why Rosson had presented it—I did not say that the bank offered us 10l. each to remain for the prosecution, and if you would give us the 10l. each we would start together the same day, or the morning after I got my clothes out of the pawnshop, for Paris.,

WALTER ROSSON . I am a valet—I was out of place on Tuesday, 10th September—I saw the prisoner either on the Tuesday or Wednesday in Stafford Street—I had seen him before, but did not know him before—I afterwards saw him on Friday, the 13th, in Stafford Street—I went to the public-house there—he asked me to cash a cheque for him on the City Bank—it was on a sheet of notepaper, as near as I can remember, and was for 300l., payable to S. Norton, stamped with a 3s. impressed stamp and a receipt stamp; a name was written over the stamp—as near as I can remember, it was "Lafittau"—I did not notice anything about the figures at the time—on the back was written, "Please pay bearer, as I have not my chequebook in town"—the prisoner asked me to get it cashed for him—he said he had overdrawn his account, and could not go himself—he said the gentleman was ill; he did not say what gentleman—I took it to the City Bank, and offered it at the counter, and they refused payment—I gave them my address—they wrote on the front of it, "Signature differs"—it was afterwards returned to me, and I gave it back to the prisoner, and said that they had given it me back, taken down my address, and would not pay—he said, "What a pity!"—I left it with him.

By the JURY. I met him in Stafford Street with my friend Mr. Bark, who seemed to know him better than I did—he did not say anything to me then or until after he left the prisoner, when he said, "He wants me to cash a cheque for him, which I am going to do either today or tomorrow."

Cross-examined. I do not remember my friend asking you for a shilling to get breakfast on 10th September—he did not ask you to give me the cheque, or ask me to go with it to the bank—I do not remember my friend telling you that his clothes and mine were pawned, and if you would give us 10l. each we would start for Paris, and prevent the bank having any witnesses in your case—I was dressed then much similar to what I am now.

WALTER WESTON GOSS . I am a cashier at the Westend branch of the City Bank—Mr. Lafittau keeps an account there—on Friday, 13th September Rosson presented a cheque to me on plain paper with a 3s. impressed stamp on it—it was a bill of exchange—I took it to the deputy manager, who declined to cash it, and gave it back to Rosson—almost immediately afterwards I made a note in our book of its contents.

JOHN HENRY WATERS , M. D. I practise in Jermyn Street—I know Victor Lafittau—I have attended him—he is suffering from aneurism of the chest and is very seriously ill—he is quite unable to travel to this Court to give evidence—there is not the slightest probability of his being able to do so—I believe he never will be able—I saw him today.

CHARLES BUTCHER (Detective Officer). I went with Mr. Newton, the Magistrate, and the clerk, to Jermyn Street, where Mr. Lafittau was living, and his deposition was there taken—the prisoner was present and had an opportunity of cross-examining him—Mr. Lafittau's evidence was taken down, and he signed it in my presence—I took the prisoner into custody on 14th September on a warrant, and took him to the police-station—I told him the charge—he said he had not forged any cheque, and he had not been to the bank; that he met a man in Piccadilly who he did not know, who gave him the cheque, and he walked to the bank and there met another man he did not know, and asked him to go to the bank and cashit—1 said, "I believe it is not quite correct, for the man who went to the bank says he knows you, and has known you some days"—the prisoner said he had seen him a day or two—I afterwards searched his house, and found this paper produced—I told the prisoner I had found it, and he said that the man who gave him the cheque gave him this.

Victor M. Lafittau's deposition was put in and read as follows:—"I know the prisoner. I have known him about a year. I did not at any time during September give him a cheque of 300l. to cash for Mr. I did not authorise him or any other person to sign a cheque of 300l. for Me. I once lent the prisoner 20l. some time during the present year. I lent him it to help him in his business. He gave me two acceptances to secure the repayment of the money. My signature appeared on both these acceptances I have returned one of those acceptances to him—Victor M Lafittau."

Prisoner's Defence. When I knew the warrant had been issued against me I had plenty of time to run away, but I did not do so because I was not guilty. I have lived in this country thirty years, and there is not a black on my name. I have been hairdresser to the Prince of Wales, the Sultan, and all the nobility of England. I am ruined by these men for the sake of 10l. The prosecution had not proved that I forged the cheque. I did not know anything of Lafittau; it was not his name. Rosson in his first examination said that the name on the cheque was not Lafittau, but "Safittau"—if I had known it was Lafittau I would have run to him directly, but I never noticed it.

GUILTY of uttering.— Three Months' Imprisoniment

Reference Number: t18781021-883

883. MARY MARGARET MCCULL (31) and ALICE BARRATT (42) , Stealing a fur cloak, the property of James Crute , to whichMcCULL PLEADED GUILTY. MR. PURCELL conducted the Prosecution; and MR. WARNER SLEIGH

defended Barratt. ROBERT CHILD (Policeman). On 7th October I was with Detective Tansey in Queen Victoria Street—I saw the prisoners and a woman who has since absconded, together—Barratt was carrying a baby—I saw them go into the Barnard Castle, in Queen Victoria Street—they remained there about three quarters of an hour—when they came out they turned to the right and then to the left—Barratt gave the child to the woman who is not here, and they walked along Queen Victoria Street and went into No. 77, a baby linen warehouse—they came out after a short time and walked to the bottom of Friday Street—Ryan there left the other two women—she went up Friday Street, and waited outside Mr. Crute's warehouse—a few minutes afterwards Barratt and McCull came and joined Ryan at Crute's place—I saw them speaking together—the prisoners went into the warehouse and remained about twenty minutes—they then all three walked up Friday Street talking to one another—I followed them into Cheapside—they walked along to the west end of Cheapside, and stopped in front of a shop—they all three looked in, as if looking at the silk in the window—McColl stooped down and took this cloak from under her clothes, put it under her arm, under her cape, and then all three walked off—while she was doing this one woman was close on each side of her, covering her as well as they could, and in a position to see what she was doing—they went a few yards, and I stopped them—they were together when I spoke—Barratt turned back in a moment—she did not hear what I said at first—when she was stopped by Tansey, and they were both together again, I said I should charge them with stealing it from Mr. Crute's warehouse—Barratt said I had made a mistake.

ANNIE SUMMERS . On the afternoon of 11th October the prisoners came into our warehouse—Barratt asked me for a child's jacket—I said I hadn't any, and sent her on to the next department—I saw them go upstairs—in a few minutes I saw them come down again; they passed through and went out together—the cloak produced is Mr. Crute's property—I saw it safe ten minutes before they went out, on the handrail of the stairs, with the ticket "special order" on it

Cross-examined. The rail runs parallel with the bannister in going up the stairs—McCull would touch it as she passed.

Re-examined. This is a wholesale and not a retail warehouse.

Barratts Defence. I would not have done this had I not been intoxicated and the constable knows it.

BARRATT— GUILTY . Both prisoners were further charged with previous convictions at Middlesex Sessions, Barratt in June, 1866, and McCull in January, 1868, to which they PLEADED GUILTY. MCCULL— Ten Years' Penal Servitude . BARRATT— Seven Years' Penal Servitude .

OLD COURT.—Thursday, October 24th, 1878.

Before Lord Justice Brett.

Reference Number: t18781021-884

884. GEORGE REEVES (21) was indicted for and charged on the Coroner's Inquisition with killing and slaying William Henry Aldridge.

MR. TICKELL conducted the Prosecution; and MR. STRAIGHT the Defence, RICHARD KNIGHT. I live at North Feltham, close to the powder milk, next door to Aldridge, the deceased—I know the prisoner—about 1 o'clock on 19th December I was walking towards my house with him and the two Fennells—Aldridge came trotting along behind with his donkey cart—directly he got within a yard or two of us he went to get out of his cart with a brush in his hand, and he fell, being beery, and the wheel went over his arm—I picked him up, and he went up to Reeves saying "One to one," and struck him on the head with the brush—Reeves took it from him and struck him back with it on the side of the head, and threw it over his shoulder away from him, and on they went a—fighting, and I walked away and called his wife out and stopped the donkey.

Cross-examined. I have known the prisoner ever since he was born—he has always been quiet and peaceable—he works with us at Lee's nursery—he lives at home with his mother, about 200 yards from Aldridge—we were all going home to our dinner—Aldridge was standing up in the cart till he fell out; he was too beery to stand up I think—he had one foot on the shaft; he caught his leg in the rein and fell out, either on the side of his head or his shoulder; he was getting out in a temper—I believe the wheel went over his left arm—none of us had said anything to him—the prisoner's hat was cut and his forehead with the blow Aldridge gave him—Aldridge was about 30 years of age, short, and a good deal bigger-built man than the prisoner—I have often seen him drunk; he was once charged with an assault on a woman and bound over to keep the peace—I saw the prisoner and Aldridge again in the afternoon, they met and Aldridge said something to the prisoner, but I went on and did not hear what passed.

CAROLINE ALDRIDGE . I am the widow of the deceased, William Henry Aldridge, and live at Feltham—on 19th September, about 1 o'clock, I was indoors—I heard some men pass the gate, and I looked out to see what was the cause of so much talk; I saw my husband's donkey cart pass the gate with no one in it—I looked down the Feltham Road and saw my husband lying on the ground and the prisoner bending over him beating him withhis clenched fist—I went as fast as I could and separated them—when my husband attempted to get up Reeves knocked him down in the ditch; that occurred three times; I helped him up, and Reeves then left us and went towards home—my husband did not strike Reeves at all while I was there—when we were going home Reeves turned round to come and fight him again, and took off his coat and gave it to Knight to hold—I persuaded my husband to go back and then Reeves went away—we went home; I unharnessed the donkey and my husband took it into the stable and put some soot in the shed; he seemed sober, he talked to me sensibly—his nose and mouth were very much swollen; I assisted him to undress and wash—about half or three-quarters of an hour afterward he went out again to find his hand brush, and I afterwards saw Reeves pass the gate in the same direction—I went out and looked down the road and 1 saw my husband coming back, and Reeves struck him and knocked him down—I went and got between them and separated them—my husband did not get up again; Reeves beat him about the head and face while he was lying on the ground—Reeves gave me a blow and knocked me down—my husband attempted to get up but did not succeed in doing so; when he got

up on one knee Reeves knocked him down again. (The witness here became faint and was unable to be further examined).

WILLIAM JAMES WAREHAM . I am a gardener at Feltham—on 19th September, about 1.50, I was in the Feltham road, just as Aldridge and Reeves met—Aldridge said "Well, George, what is wrong between us two? If there is anything I hope we shall be able to put it right"—Reeves replied "You b——b——I will let you know what is the matter," and he struck him, and the second blow knocked him down—I did not see Andrews strike or attempt to strike Reeves—I did not stop; when I left Aldridge was on the ground and Reeves stood there; it was the work of a second.

Cross-examined. I was walking in the same direction as Reeves—I was not in company of Knight; they were all ahead of me—what I saw was only in passing.

LOUIS FRANCIS LUNDY . I am a registered medical practitioner—on Thursday afternoon, 19th December, I was called to attend the deceased at his own house; he was on the bed quite unconscious, suffering from all the symptoms of compression of the brain; there was a swelling of his upper lip and a small quantity of blood coming from his nose—his eyes were perfectly fixed, immovable to touch or light—I saw no marks about the hand or face, I examined him all over and could discover no marks—I was with him about three hours—I expected him almost to have died within a short time—he remained unconscious until the Saturday morning, he then became conscious to a certain extent and improved in condition, and was able to take nourishment; he continued in much the same state until the following Friday morning, when I was called up at half-past 4; he was then unconscious and breathing very hard, and he died at half-past 7—I made a postmortem examination twelve hours after death—on opening the head between the skull cap and the outer membrane of the brain, I found a considerable quantity of effused blood—he died from secondary effusion consequent on the rupture of a small artery; repeated blows would cause such a state—all the other organs were perfectly healthy.

By the COURT. A heavy fall from the cart might cause such an injury, but then he would have had symptoms of unconsciousness at the time; I think the rupture took place at the second assault, I believe he was unconscious after that.

WALTER GRIFFITH . I am a market gardener at Feltham—on 19th September, at ten minutes after 2, I went to a place called the hollow in the Feltham Road, and there saw the deceased lying across the footpath—he was unconscious, his face was covered with blood, his lip was very much swollen, and apparently cut—his wife was with him, no one else—I helped with three others who came up with me to carry him home—he did not recover consciousness at all.

Cross-examined. He was 200 yards or more from his home, and about 100 yards from the nursery.

ELIZABETH KYFE . I am sister-in-law to the deceased—about five minutes past 2 on this day I was in the Feltham Road, going back to my work—Knight and Reeves were there—I saw Aldridge coming towards his home in the hollow; he met Reeves and said something to him—I could not hear what, and I could not say whether Reeves struck him and knocked him down, or whether he struck at him and he fell, but after he fell Reeves struck him two or three times; and when he tried to get up, Reeves put

his head against his knee and hit him on the head—Aldridge said he should summons him—his wife came down by that time, and got between them to separate them, and Reeves took her by the shoulders and shook her—I did not see any more blows struck; I stopped there till it was over—Reeves went away to his work, leaving Aldridge lying in the road—he got up and walked across the road, and I left him talking to his wife—standing up, he walked across the road steadily by himself—I went on; I looked round and saw him stagger across the road back again, and when I got on farther, I looked round and saw my sister trying to get him home—he was standing up then—I thought he then sat down by the side of her, and that was how I left him—I could not say whether he fell or sat down, but I thought he sat down—I did not know but what he was. conscious—I went on and saw no re.

Cross-examined. Reeves had got his coat off on his arm, going back to work.

GEORGE MAYS (Policeman T 311). I took the prisoner into custody on 19th September—he was at work in the garden—I charged him with assaulting Aldridge and his wife—he said Aldridge struck him first and he returned the blow—he showed me a mark on his forehead—his hat was broken, I could not say by what means.

Cross-examined. His expression was "I was first assaulted by Aldridge, who struck me over the head with a brush"—I have known the prisoner about five years and a half—I know nothing against him—he was quite sober. The Prisoner received a good character.— NOT GUILTY .

Reference Number: t18781021-885

885. ELIZA DART (36) , Feloniously throwing Charles Dart into the Serpentine, with intent to murder.

MR. ISAACSON conducted the Prosecution; and MR. FULTON defended the Prisoner at the request of the COURT.

JOSEPH WESTGATE . I am a waiter, and live at 15, Davies Street—on Sunday morning, 13th October, I was in Hyde Park near the Serpentine, near the east end of the bridge—I saw the prisoner sitting on a seat near Rotten Row—while I was standing on the bridge I saw her go down to the bank of the Serpentine and throw her child in, and immediately afterwards throw herself in—I raised an alarm, and a man came and went in and rescued them—they were sinking—they did not actually sink, but they would have done.

Cross-examined. The act of throwing in the child and then herself followed each other immediately—I had noticed her sitting on the seat for about three or four minutes—both she and the child looked very miserable and pale, and that made me notice her—it was a cold, foggy morning.

ELIZABETH GILBERT . I live at 2, Mount Row, Davies Street—I was with Westgate, and saw the prisoner sitting on a seat under a tree, and as we were standing on the bridge I saw her go down to the bank and throw her child in, and immediately afterwards herself—we raised an alarm, and a man came and took them out.

Cross-examined. She looked very miserable and unhappy; that made me look at her.

WILLIAM JOHNS . I have no fixed abode—on Sunday morning, October 13th, at 8.45, I was in Hyde Park by the east end of the bridge—I heard cry of "Police!"—I ran towards the bridge and saw the two last witnesses

crying—a young man behind me said "If you take the water side you will save the woman and child"—I ran to the water and saw the woman in the water—I went in, and when I got in the child was under water, I did not see it—the woman was between three and four yards from the bank—she was don, t her back, quite quiet, with her hands up—she said "Save the child, I don't wait to be saved"—I brought out the child first, and then went back and brought out the prisoner.

Cross-examined. She used those words "Save the child" while she was in the water.

THOMAS DELAHAY (Police Sergeant A 57). I was called to the Receiving House in Hyde Park, and found the prisoner there in bed—she was unable at first to understand what was said to her—as soon as she was safficiently recovered I told her I should take her into custody for attempting to drown her child and attempting to commit suicide—she said she could not understand how she came to do it; she did not know what she was doing it the time.

Cross-examined. She has a husband and six children—she was living with him at the time—I did not go myself to makeinquiries—her landlord is here.

HERBERT SMITH . I am an auctioneer—the prisoner and her husband have lived in two houses of mine for the last three years—for the last eight months, since the birth of this child, she has seemed to be wandering very much—when I have spoken to her she has hardly taken any notice—she has gone about the house muttering to herself—I thought her mind was affected—her husband is a painter by trade—I don't think they live too well—I think he is very poor—she moved into 36, Henry Street the night prior to her committing this act—she has gone about speaking foolishly in praise of her son: "My Johnny is a good boy; my Johnny will make a good husband; my Johnny gives me half a pint of beer"—a more kind mother to her children I never met with, or a more kind, industrious, honest woman—I was bail for her.

NOT GUILTY .

An acquittal was taken on another indictment for attempting to commit suicide,

Reference Number: t18781021-886

886. ELIZABETH COYLE (30) , Feloniously wounding William Coyla, with intent to do him grievous bodily harm.

MR. MILLWOOD conducted the Prosecution. WILLIAM COYLB. I am a machinist, and live at 32, Norland road, Notting Hill—the prisoner is my wife—I partly recollect the 15th September; at half-past three that afternoon I went to bed intoxicated—I was awoke by my wife having hold of my upper lip with her teeth, biting me; I have no recollection of her striking me with anything; I have a void recollection that she had something like a knife, but being three-parts drunk I did not know what it was—I received very slight injuries on the side of the head, nothing to speak of; there was just a little blood—I halloed out to her to let go; a man came into the room and said, "Is this your little game?"—I became faint and insensible, when I got drunk afterwards—I had quarrelled with her that day; I had left her without anything to eat all the week, and that day I beat her, and the day previous also—on the Saturday morning I gave her a shilling, and went out. By the COURT. I had been associating and drinking with other omen,

and she got vexed about it—I have been a brute to her; I was the aggressor all along—I asked the Magistrate to look over it, but he would not—we have been married 13 years; we lived very happily for nine or ten years and then we separated for 18 months; she left me; she was addicted to other persons, and got drinking, and I beat her, and through grief at her drinking I took to drinking—I asked her to come back, and she did, and we lived together till this happened—she kept very well for a month or six weeks, and then she took to drink again; she got into other women's company, and they led her astray—when sober she is as good a wife as man ever had—I am unhappy without her; I wish to get her off, with your kindness—she was not in bed when this happened; she was leaning over me in the act of kissing me, and biting me; it was more in affection than anything else; she did not bite through my lip, it made no impression, there are no marks; the doctor strapped it up next day, and it has never been dressed since.

SAMUEL HARTLEY FISHER . I am a master mason, and lodge at 32, Norland Road—about 4o'clock on the afternoon of 15th September I was in my room upstairs, and heard three distinct groans—the landlady was crying out for me to go into the prisoner's room; I did so, and saw her behind the door with a knife in her hand doing something to a towel, and her husband lying on the bed weltering in blood—I said to her, "What have you been doing?"—she said, "I have done it, and I wish that I had done it a little more, and for twopence I would serve you the same," and she threw the knife at me—she said, "Now I have done it; you can go with your b—wh—s," and she threw a lot of flour and carraway seeds over him as he was lying insensible in bed—I picked up this knife and gave it to the constable—I detained the prisoner till a constable came—she appeared sober, an 1 very cool and collected, not in any passion.

THOMAS MUSK (Policeman X 367). I was called to the house and found the prosecutor lying on the bed covered in blood, it ran from the head all over His shirt and shoulders, and the bedclothes—I asked who did it—the prisoner said, "I did it, he knocks me black and blue, but I goes in for the claret"—Fisher gave me this knife—it was clean—the prisoner was perfectly sober—the prosecutor appeared just recovering from a swoon, or something of the sort, he did not appear drunk—he dressed with Fisher's assistance and came with me to the station.

ROBERT ALEXANDER JACKSON . I am a surgeon, of 13, Ladbroke Grove—on the afternoon of 15th September, at a few minutes past 5, I was called to the station and found the prosecutor suffering from three wounds on his head; they were clean cut wounds, two running into one another; they were not deep—they were stabs, he had a wound on the thumb also—this knife would inflict such wounds—they were not important, there was not much blood—he was quite sober then—I did not see any wound on his lip—I examined the prisoner; I found a bruise on her left shoulder and one on each knee, they looked like kicks.

(The prisoner handed in a written statement alleging great brutality on the part of her husband, who she accused of urging her to prostitution, and taking the money she received.)

WILLIAM COYLE (Re-examined). It is perfectly true that I ill-used her—I took her back after she admitted to me that she had been with other men—it is not true that I took money from her that she got by prostitution—she

had money which I suspected she did not get respectably; she used to be out at night—I beat her for getting drunk and for leaving me without fire or tea when I came home; I will promise to be kind to her in future.

GUILTY of unlawfully wounding. —Two Days' Imprisonment .

Reference Number: t18781021-887

887. JOHN WILLIAM ABLETT (28) , Feloniously casting and throwing oil of vitriol upon Elizabeth Bubbers, with intent to burn, maim, disable, and disfigure her.

MR. PURCELL conducted the Prosecution; and MR. BESLEY THE Defence, ELIZABETH BUBBERS. I am 14 years of age, and am in service at 27, City Road—I have known the prisoner seven years—he has been courting me the last two years—he was my Sunday-school teacher—it came to the knowledge of my mother and she forbid me to have any more to do with him; after that I did not speak to him; he tried to speak to me from time to time—on Sunday evening, 13th October, about 6 o'clock, I came out to go to chapel; I saw the prisoner on the other side of the street waiting for me; he was coming across the road and I crossed over to avoid him, he then crossed again to me and I crossed back again to read a bill outside the City Road Chapel, so as to let him go on in front of me, because I did not like him behind me—he did not pass me, he hid in the gates of the chapel—I then went on and he followed me again—I turned round and saw him coming—I then went on again and turned round again, and he was close behind me, and then he threw some hot stuff upon me—I did not see him do it, but there was no one else near—he was close to me, almost touching me; the stuff came on the back of my neck, it almost took away my senses—I do not know whether I fell or not, but when I came to I was in a young man's arms and the prisoner had gone—I went straight home to my mother's and made a complaint—she took me to a doctor's and the burns were dressed.

Cross-examined. I had been out that afternoon about 3 o'clock—I was not walking about—I do not remember walking in Bunhill Fields Burying Ground—I know a young man at the chemist's shop and another young man it the grocer's—I have spoken to them—I have not walked with them, only with one, the chemist, not the other—they are not rough young men—I did not push one of their hats off that afternoon, or see it done—they do not sometimes push my bonnet off, they are not up to all sorts of larks—it was about 6 o'clock when I left my place to go out—it was about three minutes afterwards that I saw the prisoner at the chapel gates, and about another three minutes when he threw the stuff over me, I do not think it was quite so long—I did not stop only when I was reading the bill—my mother's house is in Noble Street, St Luke's, about ten minutes' walk from the chapel—I looked at my mother's clock and it was then twenty minutes to 7.

By the COURT. I looked back twice while I walked along—the gas was flight in the street—I am quite sure it was the prisoner whom I saw standing on the opposite side of the street, and he was about a yard from me when he did this—I saw his face when I turned round, and am quite sure of him.

MARY ANN BUBBERS . On Sunday evening, 13th October, my daughter came home at twenty minutes to 7 by my clock—my house is between five and tenminutes' walk from 27, City Road—she was crying bitterly and complained of somebody throwing something over her, mentioning a name—some time ago I had forbidden her to speak to the prisoner, and I went to

see him myself, and forbade him more than once to speak to her—I took her to the nearest doctor's immediately, I did not delay a moment—her clothes were stained, and I showed them to the doctor.

WILLIAM MILLER (Police Sergeant). About half-past 10 on the evening of 13th October I went to the prisoner's house—he was in bed—I went with his father to his room—I told him I was a police sergeant, and that I was going to apprehend him for throwing some vitriol over a girl in the City Road, at 6 o'clock this evening—he said "I can prove an alibi; I have not been in the City Road tonight"—a little while afterwards he said "Oh! I forgot, I came along by St. Mark's Church and Old Street into the City Road up into Church Street, East Road, to see a friend"—I told him to put on the same things that he had on that evening, and come with me—he got a pair of trousers and put on; there were no braces to them, and he turned round to some other trousers and got the braces from them—I took up those trousers, and some money fell out of the pocket—I said "These are light trousers"—the girl had given a description of the clothes he was wearing—he then dressed, and I took him to the station—I then sent a constable for the light trousers, and they were brought; before that I brought the girl and the prisoner together, and he said "lizzie, you did not see me do it"—she gave an account of what had happened and said it was he who had done it—she said "You know you done it, John"—I asked her if those were the same clothes that he had on, and she said that was the same coat—I gave the trousers to the doctor.

Cross-examined. The coat was not new, the trousers were very nearly new—I went to the prisoner's house with Mrs. Bubbers—I saw the father and asked whether he was at home—he said "Yes, and he, is in bed now; he has come home queer and very sick"—I did not hear the mother say "I should think he has been ill, after what he has done to my daughter"—Boyden, another detective, was with me—I had a paper with me, upon which the sergeant had written the time at which the offence was committed—it was 6.40—the girl was with me—6.40 was the time when the party came to the station to lodge the information—I did not say it was half-past 6 when the matter had occurred; I said "6 o'clock" because the girl had told me that was the time she came out.

GEORGE EUGENE YARROW . I am Divisional Surgeon of the police—about 7 o'clock on the evening of 13th October I went to the station to see the prosecutrix—she had two scars on the back of the neck as though a corrsive Huid had been thrown; they were black at the time; and there was one an the right cheek, the cuticle was removed—I examined her hat and jacket—there was some liquid on the hat, and some holes in the ribbon—the back of the hat and jacket were also discoloured, or rather the colour was removed; they were also wet and in holes—I examined the fluid; it was sulphuric acid; and I believe it was sulphuric acid on her peck and cheek—I was afterwards shown the prisoner's coat and trousers; the trousers were light grey, and on the right leg there was one spot of discoloration, and on the flap of the ticket-pocket of the coat there was some discoloration; the lining was also coloured red, and on the lower part of the front of the coat thorp were also marks of the same description; ' I tested them, on the Monday morning they were fresh stains; it was sulphuric acid.

Cross-examined. The spot on the neck was about the size of a pea, and that op the cheek about as large as the top of my little finger, about half an

inch wide and an inch long; there was no liquid On it at the time; it was dry—those on the neck had been dressed at the time that I saw them; the one on the' cheek bad not; the scars on the heck are there now—I can swear it was sulphuricacid and not any other; not only from the test, but from the effects; nothing else that I am aware of would produce the black effect so quickly—the spot on the trousers was about as large as a pea—I removed that on Sunday night; it was not two or three days old; I have not said so, and I am not able to say—I tested the stain on the ticket-pocket with some alcoholic solution—, and I removed the colour with some smelling-salts which he had in a bottle in his pocket—the marks on the front of the coat were long: stains, as though something had run down; there were about half a dozen stains—I am sure it Was sulphuric acid; sulphuric acid is used in a diluted form in cleaning brass, not in a crude state, and in the diluted form it would not stain as this did—this was in a concentrated form.

MARY ANN BUBBERS (Re-examined). When my daughter came home I took her to Dr. Cliffe in Central Street, and he dressed the two places on her neck—I was there some time, and the I took her to the station—I should—think we were at the doctor's from ten minutes to a quarter of an hour—it would not take three minutes to walk from my house, and three or four more from his place to the station.

The following witnesses were called for the Defends: MARK ERNEST KAVANAGH. I live at 35, Great Chart Street, East Road—I am collector to a firm in Houndsditch—on Sunday evening, 13th October, the prisoner came to my house at 6 o'clock or a minute or two past—I am positive it was between 6 o'clock and five minutes past; I should say Under' five minutes—he belongs to the Hope of St. Leonards lodge of the Independent Order of Good Templars, to which I belong—my brother James is also a member—the prisoner remained in the house with me about half an hour or a little more—I was talking to him and preparing to go out With him—I washed and had a brush up; we then Went out with my brother James between half-past 6 and twenty minutes to 7—out house is about 700 yards from the Wesleyan chapel—I have timed the distance, and it takes me eight minutes walking comfortably, neither fast nor slow—we Went up the East Road towards the New North Road, and called on a friend in Nile Street, who happened to be out; that would be about five minutes' walk from our house, and then we went through Murray Street up to Shepherdess Walk—I looked at the time there, and it was ten minutes to 7—the prisoner was with me the whole of the time up to 9 o'clock, arid he came over rather ill—I am quite sure he never went into the City Road or hear it while he was with Me.

Cross-examined. We were not at tea when the prisoner came in; we had done tea—I looked at my watch just before he came in, which was then a few minutes to 6, and he came directly afterwards—I swear positively that while he was with me none of us went into the City Road.

JAMES BARTH KAVANAGH . I am clerk to Hicklin and Washington, of Trinity Square, Southwark—I live at home at 25, Great Chart Street—on-Surnlay, 13th October, about 6 o'clock or five minutes past, the prisoner came there; after he had been there some time we agreed to go out with my brother—I had to wash, and I set my watch right to start at a quarter past 6—I looked to see what the time was—I can swear it was not more than five minutes past 6 when the prisoner came in—I set my watch by my father's

watch and the clock in the house—we left about ten minutes or a quarter of an hour after he came in; we went up East Road into Nile Street to visit a member; from there to Shepherdess Walk, then to New North Road and back again—the prisoner was in our company up to 9 o'clock the whole time—he came over rather sick and queer and went home—during the whole of the time we did not go near the Wesleyan chapel in the City Road.

Cross-examined. We had just done tea when the prisoner came—we generally take tea between 5 and half-past—I should think it was about half-past six when we went out, it may not be quite so much—we did not go along by St Mark's Church, or near the City Road.

MARK KAVANAGH . I am a bootcloser, and live at 35, Great Chart Street—I was at home on Sunday evening, 13th October; the prisoner came in about two or three minutes past 6, and remained till about half-past, and then went out with my sons.

JOHN ABLETT . I am the prisoner's father—I was present when the detectives came with Mrs. Bubbers—before they went upstairs, half-past 6 was mentioned as the time of the matter—I inquired the time, and the girl said half-past 6—when they were upstairs my son inquired the time—I said "Half-past 6; but to be certain, perhaps the gentleman will tell you," and the officer immediately showed my son a paper upon which I distinctly saw half-past 6, and my son also saw it, saying "half-past 6"—I cannot recollect whether it was in figures or in letters, but I distinctly saw half-past 6—I then asked my son where he was at that time—he was very much alarmed—he said "I am sure I was at Kavanagh's at a quarter-past 6"—I said "How long did you stay there?"—he said "Until a quarter-past 7," and I immediately said "Then I hope we shall be able to prove an alibi"—I saw my son before he went to bed—he was very ill, and his clothes were covered with the contents ofhis stomach; and his mother washed the vomit from his clothes.

Cross-examined. It was in the passage that the girl said "It took place at half-past 6"—I was not called on at the police-court—I was not allowed to say a word.——PEEL (Police Inspector). The distance from the Wesleyan Chapel, City Road, to Noble Street is about ten minutes' walk; and from Mrs. Rubber's house to the doctor's, in Central Street, is about two minutes'; and from there to the police-station less than five minutes'—from 35, Great Chart Street, to the chapel, would be about five minutes' ordinary walking. The Prisoner received a good character.

GUILTY Eighteen Months' Imprisonment .

NEW COURT.—Thursday, October 24th, 1878.

Before Mr. Justice Hawkins.

Reference Number: t18781021-888

888. JAMES PRYOR (39) was again indicted (See page 676) for stealing 12 spoons, 12 forks, two watches, and other articles, the goods of William Pace. Second Count charging them as the property of the Lombard Deposit Bank, Limited.

MESSRS. WILLIS, Q. C., and BESLEY conducted the Prosecution; and MR. DIGBY SEYMOUR and MR. A. B. KELLY the Defence. WILLIAM PACE. I am an innkeeper, of Reading—in December, 1876, 1 received from my wife a parcel of plate, two watches, and other articles, the

saleable value of which, by auction, I imagine was from 78l. to 80l.—silver goods are usually sold by weight, and watches by their value—the plate had been inherited by my wife, and had a greater worth than the money value—previous to December, 1876, I told the prisoner I wanted to borrow some money—he asked me on what security, and I showed him the watches and plate, which he looked at; and I told him I wanted to borrow 40l. on them, and I thought they were worth much more than that—he said he did not think so, and told a clerk to write this cheque for 40l., which was brought to me, but the prisoner told me he meant 30l.—I cashed the cheque by another clerk there, who only gave me 30l. for it—I signed this memorandum of deposit. (This was for 40l. on certain articles of plate and notches named, to be disposed of unless redeemed by January1, signed William Pace.) No explanation was made about my getting only 30l., but I wrote after I got home to know why it was—Pryor told me that at the end of the 12 months, if the money was not paid, the goods would be sold, and I should have due notice of the sale, and a catalogue would be sent to me—the 40l. was to be paid off in monthly installments of 3l. 6s. 8d.—Mr. Pryor tied the goods up in the same parcel, and I left them with' him—these are the receipts (Attached to the deposition) for the payments I made—one of them, is for 11l.—at the time I made that payment I wrote this letter. (This was dated August, 1877, enclosing 11l., requesting to know what balance remained to be paid, as he wished to save part of the exorbitant interest.) I got back this acknowledgment, but received no reply to my request—I made a further payment of 3l. in December—I have not got a receipt for that—on 16th January, 1878, I sent a cheque for 5l., and received this receipt—on 8th May I took 8l. 6s. 8d. in cash to the bank, which I paid, and got this receipt, which says "In settlement of advance"—I did not see Pryor then—I asked for the goods; the clerks searched, but they were nowhere to be found, and I did not get them—this list of the articles is in my writing—I took it away when I got the advance—it was shown to Pryor—I made these pencil marks on a memorandum—Drew, the constable, showed me some silver articles—I went to West Lodge on, I believe, May 24, with Mr. Jones, one of the clerks from the bank, and my wife—we found a quantity of silver articles there—I looked them over, and picked out them three salt spoons, two of which we marked B. T., and this gravy spoon marked M., also four teaspoons, two tablepoons, and a ladle; 12 articles altogether—I have not seen the gold watches or the remainder of the goods—I knew nothing of the sale of my property—I never received any papers from the bank except receipts, not even a letter.

Cross-examined. These are the marks which were on the spoons when I deposited them; there is no change in them—I went to the Lodge where Pryor was living—the butler was not sent out—we found the spoons in a platebasket, which I think was on the table—I had not endeavoured to obtain a loan at a pawnbroker's before going to the Lombard Bank—nothing was said about what a pawnbroker would lend on them—I do not know that Pryor said anything about expecting me to be punctual in making the installments—I won't swear he did not—he did not say that if I was punctual everything would go on smoothly, or that it would depend on my punctuality how far I was pressed, under the strict terms of the document—something was said, but I was in such a hurry to get off that I did not take

particular notice, or else I should not have signed that—he may hare said that it depended upon my punctuality—I did not know from Mr. Jones when I went to West Lodge that he was aware that they had been sold—he said nothing about what he knew—I was not present at the prisoner's first trial in June, but I know that he was acquitted—I cannot say what the charge was.

EMILY JANE PACE . I am the wife of the last witness—I made up a parcel of ornaments and other articles—B. T. are my mother's initials, and B. M. S. my grandfather's—I have never seen my watch, brooch, or rings since my husband took them away.

Cross-examined. I recognised the spoons as soon as I saw the initials on them—this guinea (produced) is very like one which my husband had, only that there was a hole drilled through it—I said at the Mansion House "if it is ours it has been altered"—I believe it was taken off the prisoner's chain—I don't recollect my attention being called to the fact that this guinea has not been drilled, but that an eye had been soldered on. The witness's 'deposition stated: "There was a hole in it; that has been filled up." It was read over to me and I signed it; but I did not know it was written like that—I said "If it is ours."

HENRY JONES . I live at 26, Finsbury Place—I was a clerk in the Lombard Deposit Bank from 1876—I left in January this year, and went back again in May—I remember Mr. Pace getting the advance on his goods in December, 1876, I happened to see them in the lump in Mr. Payor's room at the bank—lie was the manager and had charge of the securities upon which money was advanced—Mr. Tyler, the secretary, drew this cheque and I cashed it—there is an iron safe of which Mr. Pryor had the key at that time—on folio 223 of the ledger I find an account opened by the ledger clerk with Mr. Pace, who is charged with an advance on 1st September, 1876; there are various entries to his credit, and it is settled by the payment of 8l. 6s. 8d. on 7th May—in Mr. Pryor's absence the secretary opened letters addressed to the manager—I never saw the bulk of the goods or the parcel again till 24th May, when Mr. Pace identified them—during 1876 and 1877, sales by auction took place of goods deposited for advances, and I know by the auctioneer paying in, that account sales were rendered and the accounts were squared up with the balance, but there never was a case of spoons and forks before, it was usually bills of sale or wines—I signed most of these receipts and the money went to the bank—Mr. Pace afterwards called at the Bank, and the secretary sent me with him to show him West Lodge, and if he identified anything it was to be brought away—I was present at the station when these goods were produced, which were taken from the house; Mr. Pryor said that he bought them at an auction, and I saw him pull a catalogue out of his pocket, but I do not know what was in it—I cannot say whether this is it—I do not think any one else produced one—he did not read from it, he conversed with the superintendent—a jeweller from the neighbourhood was called in, who said in his presence that they were silver, and he said that he should never have known it—I said that they were silver before the jeweller was called in—a book was kept for the register of mortgages of securities, but it fell into disuse.

Cross-examined. I still persist in saying that I saw a catalogue come out of Mr. Pryor's pocket—when the catalogue was referred to at the office

the prisoner pointed out the goods in the hook and said, "That is my lot"—I do not know whether there was a lettering in manuscript of the auctioneer, showing the prices the various goods fetched—I said that they were silver—Mr. Pryor may have said that if there was a wrong description, it was not his, but the auctioneer's; I know there was a long conversation—he afterwards said that he should not have known they were silver unless he had been told by the jeweller—there are twenty different forms—the deposit note is in the usual form for that kind of money lending, but it is the only transaction I had of the kind, and I think it would probably appear in the register of mortgages—the prisoner took a lot. of papers out of his pocket, and I understood there was a catalogue—I swear to the best of my knowledge that he took out a catalogue from his pocket, but there were a lot of people interposed between him and me, a lot of papers were taken from his pocket, and I understood the catalogue came from his pocket, but I cannot swear it exactly—Mr. Pryor had charge of the safe, and there were other valuables in it extending to hundreds, I do Dot know about thousands—we also had warehouses where other property was stored, but not to the extent of 30,000l. or 40,000l.—Mr. Pryor had the control of everything, and this is the only charge I know of: his misappropriating a spoon—I did not know about the sale before his arrest—I knew that Cooke and several other auctioneers had been in the habit of selling things occasionally for the Bank—they are the same persons who sold these goods—the accounts were made up and entered in the books, but not till after the auctioneers sent in their cross claims—the Bank had a right, on the failure of any one payment, to realise the goods—I know a man named Banks, I met him in July at the European Tavern, opposite the Mansion House—I did not say to Banks that I knew Pryor had bought the spoons which he had been charged with stealing, but I may have told him what Mr. Pryor's explanation was; I do not remember saying so—I db not remember a friend being with me, or his remarking to me in Banks's hearing that the mode Mr. Pryor was being treated was a shame, or my saying "Yes, but I can't help it," there were so many people about having drink; nor do I remember saying, "What a shame"—I left in January; and I have heard since from Mr. Gaskill that there has been a committee of investigation—I do not know of any resolution by the directors with reference to realising any goods for any installments which were in arrear—I was not there in February and' March.

Re-examined. I left in January, 1878, and returned in May—I do not know of a Mr. Lomas having deposited goods for an advance of money from the Bank; I know there was an auction, but I was not there at the time—I saw Mr. Lomas dodging in and out of the office—I did not go with him to Mr. Pryor's residence—I did not hear Mr. Pryor say anything at the station about Lomas.

By the COURT. These installments were made very irregularly towards the last.

JOHN EGAN (City Police Inspector). Hancock brought to the Seething Lane station in May this catalogue, which was marked H. at the Mansion House—it was left at the station till 29th June, when the prisoner was brought there by A 31, about 9.15 a.m, and a charge was made against him of stealing the silver articles now in Court—Mr. Jones produced them, and the prisoner looked at them and said that they had been deposited at the

Bank for a loan, and were plated goods, and had been sold at an auction, and he had purchased them—Mr. Jones said several times "They are silver goods," and to satisfy myself I sent for a silversmith, who came and said that they were silver—I asked Mr. Pryor how he accounted for their being silver when he represented them to be plated only—he referred me to 8 catalogue, which resembled this which was in the office, and said that be purchased them at that sale, and pointed to lots 170, 171, and 187—170 is "12 plated table-spoons and forks," 171 is "12 ditto," and 187 is "12 superior plated tea-spoons"—lot 172 was not referred to—lam clear as to 171, but not as to the others—after he pointed to those lots the silversmith came in and said "They are silver"—the prisoner said that he bought them at the sale, and if they had been described wrongly in the catalogue that was the auctioneer's fault and not his—the name of Lomas was mentioned, but I cannot recollect by whom—after the catalogue had been referred to I directed the sergeant to enter the charge on the charge sheet—Mr. Pryor took a bundle of papers from his pocket while Jones was there.

Cross-examined. The catalogue was not one of them—Mr. Bowler was there, he made the charge and said "They are silver goods," and then I asked Mr. Pryor to point out to me where silver goods such as those produced were described in the catalogue—he then went through the catalogue, pointed out several entries, and said "These are the goods"—I did not see a description of them in the catalogue—I did not see a watch, there was nothing but the spoons—the lots I pointed out referred to spoons only—Barlow did not charge him with stealing a watch on that occasion, he said that the prisoner was wearing a gold watch which was part of the property, the prisoner said that it was not so, and I found that he had no watch, and only a bunch of keys attached to his chain—Barlow charged him with embezzling 300l. in 1873, but I said that I knew that the prisoner was carrying on business on his own account, and refused to take the charge—the secretary said that he knew that at that date the business was Mr. Pryor's, and that he could not be charged with embezzling from the Lombard Bank, which came into existence subsequently—Mr. Bowler then rushed round in a very excited manner and said "I will charge him with stealing 2l.," and before I could investigate that charge he made the charge of these silver spoons, which were then for the first time produced by Mr. Jones, and I investigated that charge—I did not take a spoon from a cupboard and show it to Mr. Pryor, nor did Hunt, the station sergeant, that I know of—he is not here—I made no pencil marks in the catalogue, and I only looked at the place Mr. Pryor referred to—the gold watch, brooch, earrings, soup-ladle, sugar-tongs, and forks, various, were not mentioned by Far. Bowler except when he said "The watch which the prisoner is wearing." By the COURT. If I did not mention to the Magistrate that Bowler said that the spoons were silver it was a mistake—Bowler made the charge against the prisoner before Jones said that the spoons were silver, and after that Jones said "They are silver"—I was under the impression that I told the Magistrate that Jones made that observation—I told the Magistrate that it was Bowler who said that they were silver, and upon that I asked Pryor to point out in the catalogue where the silver goods were—I did not today intentionally omit what Bowler said—he first charged him with stealing 12 silver spoons, and Jones several times made several similar assertions aft the charge was made—there had been a criminal charge made against him

when I began to interrogate him—Bowler did not put questions to him or suggest questions to me.

RICHARD TYLER . I have been secretary to the Lombard Deposit Bank from its commencement, about 1874, and continued so up to the liquidation last May—Messrs. Plunkett and Leader became the solicitors before the prisoner's trail in June—they acted in that, but he was taken out of their hands and put into Mr. Lewis's jointly with Mr. Lee, and when Mr. Lee resigned Plunkett and Leader became solicitors to the bank—that was about the end of June, and they have been the solicitors from that time and are conducting this prosecution—I am acquainted with the mode in which property was sold by the bank for non-payment of instalments—I was not aware that Mr. Pace's property had been so sold—in the event of the sale of property realising a larger amount than the bank claim, the surplus was paid over to the borrower, and a marked catalogue was sent to him—no account was rendered to the Bank to my knowledge by any auctioneer of the sale of Mr. Pace's goods—from January Captain De Van and Mr. Gaskin have been acting as directors of the Bank, but I do not think they were present at the meeting so early as January—I was sent for to the Seething Lane station when Pryor was given in custody on 29th June for embezzling 300l.—I went there with Mr. Jones—Mr. Bowler then said that he would give Mr. Pryor in charge for stealing 12 silver spoons—the inspector asked Pryor for an explanation—he said that he had bought them; the catalogue was produced, and the inspector asked Mr. Bowler to point out where they were, and when they looked at the catalogue they were found to be plated—they were handed round to all of us and we said they were silver—I said "I think two of those are Lomas's spoons."

cross-examined. When the catalogue was produced I believe Mr. Pryor pointed to the entry and said "These are the goods"—Bowler then said that they were silver—I did not hear Pryor say "If there is any mistake in the catalogue it is the fault of the auctioneer and not mine"—I called on Mr. Pryor when he was in prison on the first charge, and I wrote to him—I got a reply, but do not know where it is; I put it in my desk or tore it up—I can tell you what was in it—I saw him in Newgate on the 14th, about several pending actions—I do not know whether I went with the knowledge of my principals or the prosecutor—I wrote to Mr. Tyler and went to see him, but Captain Crowe was there and I did not get in, and went again in a week or so, and then Mr. Bowler knew about the spoons—I keep a letter and postage book, that would show whether notice was given to a borrower—it contains the names of persons to whom letters are addressed—I have sent to the office for it—this is the register of mortagages book, (This contained an entry at folio 1121, "Name, pace, William. Nature of security mortagaged and amount advanced, 40l. Rate of interest blank.") The ledger will show the whole history of that transaction.

Re-examined. Before I went to see Mr. Pryor, Mr. Pace had applied at my office several times for the return of his goods, and that led to my writing.

By the COURT. When I saw Pryor in Newgate he told me that the goods had been sold, and he also told me so by letter—it was the second time I went that he told me that, which was about a fortnight after I wrote to him—he mentioned Mr. Cook as the person by whom they were sold.

CHARLES JAMES LOMAS . I am a clerk, and live at 191, Argyle Road,

Peckham—I looked at these spoons at the station, and at the Mansion House on the remand; none of them were mine—I had placed some spoons in the hands of the Deposit Bank—I hare left them there.

Cross-examined. I have made no criminal charge against Mr. Pryor. Re-examined. I did not get my goods back; I took proceedings against the Bank, and got the money.

PERCEVAL DE VAN . I am a retired captain—I purchased shares in the Lombard Deposit Bank, and attended the directors' meetings from September 1877, to the middle of May, 1878—they met about once a week—Mr. Pryor attended the meetings—I never knew that Mr. Paee's goods had been sent for sale.

Cross-examined. There was a committee of investigation at the Bank early in the year; the whole of the directors were upon it, and I was one—there was a resolution that irregularities should be put down, and that the goods should be realised when money was not paid—that was in February—Mr. Pryor was manager in January and February, and Mr. Tyler succeeded him.

By the COURT. That resolution was not a general one as to goods being realised; it was only as to grain and wine that I remember, but it was generally understood that goods should be realised where money was in arrear.

MR. SEYMOUR submitted that there was no ease to go to the Jury, as Mr. Bowler, who made the charge, had not been called. The COURT thought the matter had better notbe discussed, as it might prejudice the Jury, and that there was a case for their consideration, but that was all. NOT GUILTY .

THIRD COURT.—Thursday, October 25th, 1878.

Before Mr. Recorder.

Reference Number: t18781021-889

889. JAMES SHERROCK (42) , Stealing a gold watch, an opera glass, and other goods, of Anatole Calhian Beaumetz and another, his masters.

MR. J. P. GRAIN conducted the Prosecution:

WILLIAM OSBORNE (City Detective Officer). On 26th September last, in consequence of communications and instructions I received, I went to the prosecutor's place of business, 8, Hart' Street, City—Mr. Beaumetz, one of the principals, was present—I saw the' prisoner, and said to him, "Mr. Sherrock, I am an officer of the City Police, I wish to speak to you with reference to postage stamps that have been perforated belonging to the firm, and which have been sold at a public-house. Have you any about yon now?"—he said "Yes," and produced 14, also perforated with "C. D.," the initials of the firm—I said, "How did you get these?"—he said, "Two clerks," pointing to two gentlemen in the office, "let me have them to write letters for the firm when I am at home of a night"—I said, "You have sold six at a public-house"—he said, "That is a mistake"—I then produced three and said, "Here is three of them; you had half a quartern of gin and 3d. change"—I took him into custody for stealing six—I said that I had known there had been a—thief in the place for the last 12 months, and I should search his place—I went to his place in Balmoral Road, Islington—I found in this flowerpot 19 duplicates and various articles of property; one relates to two flowerpots, one to a timepiece, one to a drum clock—he said, "Those are all yours, Mr. Beaumetz"—I said, "Here are two relating to—two

watches"—he made no reply—I then went into the back parlour with him—while I was pulling a box out that was partly under the bed he ran into the front room—I saw him pass something to a female—I took this watch from his hand—Mr. Beaumetz said, "That is one of ours"—the prisoner said to Mr. Beaumetz, "Do not charge me, sir?"—I said, "It is out of his hands; you will have to go with me"—I put his hat on, and he made a rush at the door; we had a scuffle, the door-handle came off, I threatened to strike him with it; he went afterwards to the station with the property, with me, in a esb—on getting out he tried to get away—he said to Mr. Beaumetz, "Will you withdraw the charge?"—I searched him, and found on him a halfpenny.

Cross-examined by the Prisoner. Mr. Braumetz claimed the may be clock on the mantelpiece, and said, "That has been in our warehouse"—hedid not understand English well, and left it to me, and I brought the goods away on my own reponsibity—some may not have belonged to the firm—I found a book of paper patterns—Mr. Beaumetz said you had a right to take them for taking orders.

EDWARD MUNDI . I am manager to the prosecutor and have practically the control of the business—the prisoner has been in the service from 1874, and had been our town traveller for over six months previous to 26th September last—this watch belongs to the firm—it had not been sold to the prisoner, nor had he authority to take it—it was a sample—the flower-pot was theirs also—I have seen the timepiece represented by this ticket at the pawnbroker's—it is our property; also the watch and opera-glass which were pawned—the prisoner had no authority to take these articles, only as samples, and had no right to appropriate them.

Cross-examined by the Prisoner. I do not know when you got the things—I said "The spring of the present year" at the police-court, bus that referred to the gold watch—these flower-pots are sold to different dealers in London, other firms import them—I have given watches to you and to the clerks—in that case they would be booked—I did not suspect you—I never found you wrong in your quantity or prices—I have no complaint to make—you have collected accounts for the firm—you had a case of watches entrusted to you for a few days—I am aware you have been put to heavy expenses for a long time owing to your wife's illness, and I have advanced you money.

Re-examined. None of these articles were given to the prisoner.

GEORGE JOHNPOCOCK . I am a pawnbroker, of 135, Essex Road, Islington—I produce a timepiece which was pawned on 7th August for 6s. 6d. by a man I do not recoginse, in the name of George Smith—this is the duplicate, and corresponds with this other one.

HENRY WRIGHT . I am an assistant to Mr. Coley, a pawnbroker, of Essed Road, Islington—I produce a watch pawned on 9th May of 1l. in the name of John Jones—this is the corresponding duplicate—I know the prisoner; he had pledged with us once before.

JOHN PICK . I produce an opera-glass pawned with me on 19th August for 8s. by a female named Ellen Wells—this is the duplicate, and this the corresponding one.

Prisoner's Defence. The perforated stamps were given to me by the clerks, and being in the habit of receiving accounts I had receipt stamps, and did not think it wrong to sell. My wife bought the flower-pot as Islington four years ago. I was never found wrong in quantity or price. The gold watch belonged to the half-dozen I had to sell, and is the only gold watch that the

prosecutors ever gave. I had the watches and opera-glass as samples, and I had several opera-glasses given to me. The Prisoner received a good character.

NOT GUILTY .

Reference Number: t18781021-890

890. JAMES SHERROCK was again indicted for stealing two flower-pots and a gold watch value 4l. 15s., the goods of Anatole Calhian Beaumetz and another.

MR. GRAIN for the Prosecution offered no evidence.

NOT GUILTY .

FOURTH COURT.—Thursday and Friday, October 24th and 25th, 1878.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18781021-891

891. WILLIAM JARMAM BROWN (9) was indicted for wilful and and corrupt perjury.

The SOLICITOR-GENERAL, MR. BESLEY, and MR. J. P. GRAIN conducted the

Prosecution; and MR. OPPENHEIM the Defence. JOHN ISAAC SOLOMON. I am a Commissioner for Administering Oaths in Chancery—I have seen the prisoner before, but cannot identify him as a person who was sworn before.

CHARLES LEE NICHOLS . I come from the office of Messrs. Chatteris and Nicholls—I produce certain books in their charge as trustees under the liquidation of Godfrey and Brown, and all the books; among them is the ledger of the Worship Street business, the bought and sold ledger, with a general index, the rough order book, and the cash book.

ROBERT WILLIAM SCHREIBER . I acted as receiver under the Court of Chancery in August, 1872—I am acquainted with the books of the Aldersgate Street business—about two years ago I believe the premises were sold, and then I left them—this is the daybook kept by the firm of Godfrey, Brown, and Saull—I have been frequently in Aldersgate Street, and the defendant has been there with these books—here is, at page 239, an entry, "W. Balchin, Fenchurch Street Buildings, six quarter casks pale foreign bandy"—then they are enumerated—they purport to be sold to William Balchin—at page 246, June 11th, is "Two quarter casks brandy" and three hogsheads of brandy to the same man—on page 247, June 13th, 107 gallons of rum, 14 gallons of pineapple wine, and one hogshead of sherry—I hare seen the bought ledger of the Worship Street business; I should say it is the invoice book—all this is in the defendant's writing, as far as I can make out—I believe them to be his, i.e., the entries in the Worship Street book—I find an entry here showing the entire amount of purchases for Balchin to be 633l. 2s. 7d.—I have not been through the Worship Street books before.

HORACE YEARWORTH . I am a wine merchant of Lower Thames Street—I was formerly clerk to the Aldersgate Street business, and was subsequently employed in the Worship Street business—I cannot give the dates, but it was for several years before 1872—I had given notice at Aldersgate Street, and required another situation—I saw the business was moving from one place to the other, and immediately on leaving Aldersgate Street I went to Worship Street and applied for a situation and obtained it—I never bought or sold wine for the business in Aldersgate Street on my own account—it was brought from one house to the other and entered in my name—I never bought of Aldersgate Street or sold to Worship Street—looking at the

bought ledger I find transactions entered in my name amounting to 244l. 11s. 7d., beginning on 6th June and ending the 22nd July, 1872—I paid one of the amounts or two by my own cheque, and took the cash out of the cashbox when it came in—while at Aldersgate Street I made out a list of the names and addresses of the customers from the books, because I knew the business was going—I do not believe I received any directions from the prisoner in respect of it—I did not do it for amusement—I do not remember what became of the list—I next saw it at the Worship Street business—I was at Worship Street two years and over—at Worship Street an index was used, which was a copy of that list, for the purposes of the bussiness—we sent circulars from Worship Street from that list—this is one of them (produced)—I am familiar with the prisoner's writing—this partnership deed (produced) is signed by him—I have no doubt about it—it is peculiar, being on parchment—I do not know that I ever saw the gentleman's name on parchment before—he usually signed "William J. Brown"—I was not the only person who came from Aldersgate to Worship Street; there was a cellarman named "Cathaie," and believe one carman, whose name I forget; a Mr. Chitty and Mr. Lazarus, commercial travellers; practically the whole staff went—Mr. Brown managed the firm at Aldersgate Street before I left—I Was clerk to the firm under him and next in position to him in the office; I assumed precisely' the same position when I got to Worship Street.

Cross-examined. To the best of my belief that is Mr. Brown's signature to the partnership deed—there is no "J." in it—he usually signed "William J."—as near as I can recollect I first entered the firm at Aldersgate Street seven to ten years ago—during that time to the best of my knowledge Mrs. Saull, Godfrey, and the defendant were partners—I had not been in the wine trade before I went to Aldersgate Street—up to within a year of the end of 1871, when the partnership terminated according to the deed of partnership, everything went on regularly in Aldersgate Street—the business then got irregular—I do not know that the returns fell off—I was acquainted with all that was going on in the business—the time when things began to go irregularly was when several Chancery suits were commenced against Mrs. Saull and the partners—Mr. Miller came before they began to get irregular—he continued to come there occasionally—the Chancery suits and Mr. Miller's appearance in the business commenced about the same time—the partnership expired about the 31st December, 1871.

EDWARD OREN ROSE . I have here all the interrogatories and pleadings in, the Chancery suits of Saull and Brown, the depositions sworn by Brown before the Examiner in Chancery, in the suit of Saull v. Godfrey and Godfrey v. Saull—two affidavits of the prisoner, sworn the 4th and 19th December, 1873, and the Answers in Chancery in the suit of Saull v. Brown. Cross-examined. I also produce the pleadings in the suits of Saull v. Godfrey and Godfrey v. Saull.

JOHN ISAAC SOLOMON (Re-examined). I administered the oaths to the person who swore the answer and further answer of William Jarznan Brown. Cross-examined. I have no doubt the person came to my office with a solicitor or some one—the matter was not read over to him—I solely Ministered the oath—that is the ordinary course, unless the deponent makes a mark.

HORACE YKARWORTH (Re-examined). The signatures of these two documents are Mr. Brown's.

CHARLES HENRY TURNER . I was Appointed special examiner to take up Brown's cross-examination—I have the original order here appointing me in Saull v. Godfrey—I took the depositions up from Mr. Anderson—they had been taken before the Chancery Examiner first, and when I was appointed by the order, Mr. Anderson forwarded to me, or gave to me, the former part of Brown's deposition, up to page 14, and I continued it—I begin again on No. 1, and this is my certificate at the bottom—I attested his signature—I read over to him what he had previously given in examination before Mr. Anderson—the prisoner attended and gave the answers which I have there recorded, and he was sworn by.

Cross-examined. I am not quite sure, but I think the examination extended over eleven days. (The Chancery proceedings were here put in and partly read.)

ROBERT WILLIAM SCHREIBER (Re-examined). As receiver, I acquainted myself with the condition of the business—I examined the books—in 1869 the Cross sales were 27,832l.; in 1870, 29, 642l.; and in 1871, 29, 498l. then the monthly sales in 1872 were in January, 2, 615l.; February, 1,642l; March, 1, 284l.; April, 2,028l.; and up to the 18th May, 1878l., that being the month in which the business in Worship Street was opened—from the 18th May to the end of May, 804l.; in June, 850l.; in July, 786l.; in August, up to my appointment, 642l., including the alleged sales to Keeling, Patton, Balchin, and William Saull—I have gone through those alleged sales to find out the prices at which they took place—there is a total loss of about 30l. in hard cash on the cost price of those sales, excluding all expenses—that is, roughly on 2,000l.—I can give the particulars of the prices—when I was appointed receiver, the liabilities of the concern amounted to a little under 1,900l.—I believed they were all incurred after the is solution—I won't be positive about it, but the greater portion were—I paid every one of them—among others there was a payment of 105l. to Mr. Almeda—I sold some goods to pay it—those were part of the goods purported to be sold by Keeling, or one of those persons, and which ultimately found their way to Brown—I had at one time to advance about 500l. out of my own pocket—about 3rd of June, 1872, the bills receivable by the firm of Saull, Brown, and Godfrey, amounted to about 910l. 15s. 3d.—I find an entry of 816l.17s, 6d., including interest, on the 29th August, paid to Mr. William Saull, of Northampton—on the same day I find bills were discounted to the amount of 897l. 9s.—I believe the entry of the debt due to the family, and the payment of it by the members of the existing firm, is correct.

Cross-examined. I am Mrs. Saull's son-in-law—before I was appointed receiver I used to go in and out of the business; that is all I knew about it—I was best friend for Mrs. Webb in a Chancery suit about 10 years ago, 1 think—she was my sister-in-law—the business originally belonged to William Devonshire Saull and his brother Thomas—Thomas was the husband of Mrs. Saull and the defendant's partner—I believe William Devonshire Saull died in 1855—I did not know him—I have been told that the business then devolved upon his brother Thomas—I was not acquainted with him at the time—I did not know him until long after the partnership was formed—from my own knowledge I do not know who carried on the business—I have not examined the books of 1858—I know Godfrey and Brown did a very good substantial business for the first year of their partnership—I do not know that in 1858 the business was very bad—I do not know as a fact

that Mrs. Saull borrowed from Godfrey 1,000l., he then being her traveller have only been told so—I believe Mrs. Saull always denied having done go—I do not know that she also borrowed 50l. from Godfrey—you examined me, 1 believe, two years ago—I remember something about an I O U for 50l., but do not know how or when it was produced—I have been through all the accounts from the time of the partnership to the time when I went in, and from 1858 up to the year 1871 between 12,000l. and 13,000l, I believe, was drawn out by Mrs. Saull, and that was about 3,000l. less than stood to her credit in the books—I made out the statement at one time—at the dissolution of the partnership, I believe, 4,068l. stood to her credit, of which she got 280l.—I do not know that Godfrey brought in 1,050l.—I know that 2,800l. was advanced by the trustees of William Devonshire Saull out of the estate to the brother, Thomas Saull, Mrs. Saull's husband, after the formation of the partnership; it was a loan, in fact—bills were given for 2,000l. odd, as stated in the bill, to Mrs. Saull's children, or the children's trustees—that was not because there were certain moneys of William Devonshire Saull which were to be paid to them out of his estate, and that under the bill it was alleged that the advance of the money by the trustees was improper—the suit was settled—I came in on 30th or 31st of August, 1872—I believe a Chancery suit was commenced in 1868 of Saull Godfrey—Godfrey and Brown had to pay the costs, and they were ordered in the suit, I believe, to give promissory notes—many others were represented in that suit besides the Saull family that had money to receive—I got between 200l. and 300l. out of it, I think; I won't be certain; a similar amount to what all the others received, 2857. or something like that—I remember Godfrey and Brown coming to my house once and seeing Mrs. Saull, and on no other occasion—the argument that night was about having the balance-sheet signed; Mrs. Saull would not agree with it until a certain deed was given up to her, and then she was willing to investigate the accounts and sign them if proper—it was a deed given to her former solicitor for 400l. lent to her, and owing to him—i.e., if they charged her with the money as paid, she wanted the receipt for it—I believe Godfrey and Brown pressed Mrs. Saull, when the partnership was expiring, to come to terms which were most absurd—they offered 500l. for the goodwill of a business that was worth 3,000l. a year—when it expired there was no agreement come to—the gross profits were between 5,000l. and 6,000l. a year—the net profit averaged about 1,500l. or 1,600l. a year—she drew from 400l. up to 1,000l. I think—she drew nothing in 1872—at the end of 1871 her share of the capital was over 4,000l.: I think it should have been 4,555l.—the balance at the bank on 31st of December, 1871, was 643l. 10s. 5d.—the value of the stock was 3,300l., I believe—stock, including implements, 3,782l. 15s. 9d—I cannot tell what the debts were (Affidavit read)—the balance of 7,000l. odd depended upon the acceptances of the customers held by the firm being met, and the book debts being good—quite 1,500l. turned out bad—I remember the bill of the 22nd September, 1871, being filed of Godfrey v. Saull, praying for a decree for a sale, and to take the partnership accounts—the bill of Saull v. Brown was filed on 20th August, 1872—I was appointed receiver under both bills—I believe four writs were issued by Mrs. Saull's children against the partnership of Saull, Godfrey, and Brown—during the whole of 1872 Mrs. Saull drew out 280l.—it appears from the books that during the year 1872, between January 1st and June,

3,509l. 8s. 4d. was taken out of the business to pay debts, and not only family debts—William Saull was not acting with the family—be was the inspector appointed under the deed of partnership, and he was the nephew of Mrs. Saull's husband—during the time the business was going on, and during the time of these Chancery proceedings in the year 1872, beside paying the ordinary outgoings of the business, 3,509l. was paid to Mrs. Saull, to the children, to other members, and to Godfrey—when the business commenced, the percent age of net profit was 9 percent., and from 1858 down to the termination of the partnership, they had diminished to 3 percent.—the Cross profits on spirits were 35 percent., and on wines 53 percent.—I took possession of the books when I went in as receiver, and they have been in my possession till now—one of them contains entries of goods sold by Keeling, Hitchin, Balchin, and others—in the daybook sales I find against the names "By order, 8, Worship Street" but only in one or two small items, not in the big items—here is "July 18th, Balchin, 26 dozen port, 69l. 17s. 6d.; 8, Worship Street, by order; ditto, 97l. 12s. 9d," and there are similar entries in the cashbook—I find in the cashbook of 1872, before I took possession, three entries of cheques paid to the solicitors, Mr. Rook and Mr. Cook—I had something to do with the first suit of Webb v. Saull—I was Mrs. Saull son-in-law then—I had nothing to do with the other Chancery suit of Saull v. Saull in August, 1864, or with the suit of Saull v. Godfrey in 1868, but I had to pay costs in it—I do not know whether it was brought against Mrs. Saull—I was in Court when Godfrey was tried for conspiracy here on June 27th and 28th, 1876 (see Vol. 84, p. 250)—while I was intimate with the family, I knew Mr. Elsham, of Sherborne Lane—I do not know whether he advanced the money for the partnership; I believe Mr. Wood did—I know he was here; I don't remember his examination—I do not know that Mr. Elsham paid Miller 2,400l. taxed costs—Miller and Miller, the solictors, acted for the family altogether—the making of the decree was opposed by Mrs. Saul and family—when the bill was filed of Saul v. Godfrey, Miller and Miller were acting against Brown, and they are the solicitors in the Chancery suit now before the Court—they conducted the case before the Magistrate—when the conspiracy was tried here, they were the solicitors, naturally—it is only recently in this case that it has gone to the Treasury—I do not know that any more than 2,400l. was paid to Miller and Miller for solicitors' expenses—I had to attend in the Chancery suit about a dozen times to produce the books—during 1872, while the Chancery proceedings were going on, I went to the business place in Aldersgate Street, as I had done for many years before—Godfrey had a certain part in the management—from 1872 the business gradually fell off, except in one month—the purchases in June only amounted to something like 30l., and from the end of June to the date of my appointment, 28th August, only one bottle of champagne was purchased—Mrs. Saull died in March last year, aged 72, she was not examined at the police-court—she died of a broken heart, she dwindled away—she was an exceedingly healthy woman.

Re-examined. In March I give 1,284l. 10s. 11d., and the following April 2,028l., and after 18th May 804l.—these are the cheques for the solicitor's expenses. (Reading the amounts, one of which was dated July 18th, 1872, for 150l., "for my solicitor for my protection")—that is entered as trade expenses in Godfrey's writing—Mrs. Saull had 14,068l. 8s. 2d. standing to

her account—Mr. Brown overdrew his account 300l. or 400l. at the end of the partnership—I did not know till I saw it in the bill that the terms agreed upon in the Chancery suit were, "All proceedings in the three actions to be stayed till 21st April, 1872; judgment not to be signed till 21st April, 1872."

JAMBS POTTEN . My father was a carman; he is dead—this is his signature to this deposition. (The deposition of James Potten was here read).

HORACE YBRWORTH . (Cross-examination continued). I was some 10 years in the employ of Saull, Godfrey, and Brown—I knew how the business was going on the whole of that time—the partnership expired on 31st December, 1871, and I left in May, 1872, because I found that the business was falling away, and I knew that Chancery suits were going on—I was perfectly free to leave if I chose, and I left and engaged myself to Brown at Worship Street—he commenced business there in May or June, '1872, about six months after the partnership expired—he did not instruct me to make out a list of customers and take it to Worship Street—I forget what I did with the list I made out; I must have destroyed it—I saw it at Worship Street—I never gave it to Brown, nor did I inform him that I had made it out—I know the wine trade well—I am in business now with Mr. Chitty, who was one of the travellers to Saull, Godfrey, and Brown—a traveller to a wine merchant has his own connection, and carries it with him when he leaves—the first transaction I had in my own name was when Brown was away; I sent to a man who had been a fellow-clerk, for 12 gallons of dark sherry to make a butt golden; it was for the business, but he entered it in my name, and it afterwards came to my knowledge that it was entered in my name, and I protested against it—I do not know that it was still done after I protested—I remained in Brown's employment, and received my salary.

Re-examined. This is the Aldersgate Street ledger—the first entry in it is June 6th, and there is cash the same day; it is in Mr. Brown's writing, and the goods are entered to me in the day book by Mr. Taylor, a clerk—they are posted to me in Mr. Brown's writing—this is not the Aldersgate Street ledger; it is a book which corresponds with the day book—it appears in the day book that the goods, 12l. 6s., were sold to me, and in the cash book that they were paid for at the same time—here is an entry in the bought ledger, July 15th, to cash, 58l. 4s. 3d., that purports to be a payment to me, but there was no such transaction, to my knowledge, as is represented by this cheque. (Signed "W. G. Brown")—I have not endorsed it; it is payable to "bearer," and is in Brown's writing—this "H. Yerworth, Regent's Park," is my private address—these two items together make up the amount of this cheque—the transaction really took place, but not with my consent; it came to my knowledge afterwards, and that was the time I protested—it appears in the book in Mr. Brown's writing as paid to me—I protested as soon as I knew it, but I do not know whether it was in this one; other transactions might have happened during the time—I know nothing about this cheque of July 18th—there was a transaction on 18th July, in which I was supposed to have paid 97l. 11s. 9d. for wine; that was not a real transaction, and I did not know of it till afterwards—it is Mr. Brown's writing—I gave a month's notice to Saull and Brown to leave, and I left at the end of May or the beginning of June—my writing would not be in the Aldersgate Street books after I left—I cannot tell by my writing ceasing in the ledger, because it is not all in my writing—we had no wages book—the week's wages are all

lumped here, but I was paid 3l. 4s.—I knew that the business was going down from January to June; I do not know that the returns decreased, but I knew that heavy legal affairs were pending, and things were getting irregular and travellers were hesitating—the thing was breaking up.

JOHN COLLINS MITCHELL . I was formerly managing clerk to Mr. Balchin, a shipping insurance agent, who is Mr. Brown's brother-in-law—some time in 1862 Brown called at Mr. Balchin's office and asked me if I had any objection to his using my name in purchasing some brandy and wine, and that it was a matter of form—I thought, knowing him so well, that there would be no impropriety, and I acceded to his wish—I did not in fact purchase either wine or brandy, and did not know anything about it or the prices—I gave him leave to use my name in that one instance—he represented that he was going to purchase for himself, but said that there were certain arrangements, not yet made, as to partnership, which prevented his using his own name—I did not know of the purchase of 135l. worth of wine in my name till I was informed of it in the Court of Chancery—there was no such transaction; I paid no money and received no money in respect of the sale, but about six months afterwards Brown was at Balchin's office, and he said "By the bye, I am indebted to you a small amount"—I was rather surprised, and he said "There is a small amount of commission which you may as well have as any one else"—I declined it, but he forced me to take it; it was 12s. or 14s.

Cross-examined. I was examined in the Court of Chancery, and I think I gave similar evidence.

WILLIAM BALCHIN . I am a forwarding agent and merchant, of 2, Fenchurch Buildings—my sister was the defendant's first wife, and in May, 1872, he came to me and told me that he had been transferring wine from Saull, Godfrey, and Brown to his own firm, and had had the services of Keeling and Co., wine brokers, who were charging him two commissions, one for selling and one for buying, and asked me if I would do it for one commission, and I consented—I was not really to buy and sell, but my name was to be used—I did not see the goods, but part of them had passed through my hands before in another transaction and put up to auction and bought in—there were five half casks of brown brandy put up to auction about April, invoiced from Saul, Godfrey, and Brown to me, at 6s. 2d.; they were bought at 5s. 8d.; and three casks of brandy, ex Neptune, bought at 7s. 1d. and, invoiced to Saull, Godfrey, and Brown, at 7s. 6d—that is all that came within my knowledge—the entire amount of those transactions was 43l. 3s. 4d. and 64l. 10s—the entire amount which passed through my name was about 450l.—I never received a cheque that I did not pass through a banker—this cheque has never been through a bank; it is Mr. Brown's writing.(This was dated July, 17, 1872. Pay Balchin 48l. 17s. 8d.) This is my paying-in book, showing every transaction.

Cross-examined. Brown first called on me about a transaction about the middle of January, 1872, but not this transaction—he told me that the firm had to meet the payment of a great many family bills, for which it was necessary to raise the money, and rather than go to money lenders, he asked me to advance the money, and would place dock warrants with me—I advanced him the money and took dock warrants—there was an agreement that if the money was not paid the warrants should be sold—the goods were put up to auction, and he and I and another person attended the sale and

run them up that they should not be sacrificed, and they fetched more than we could buy them for in the open market—some of them were bought in, bat none were sold at a loss—it was about May that Mr. Brown called—he said that he was going into business in Worship Street and wanted to purchase, some of the stock of the old firm for himself—he asked if he might use my name, and said that he had done the same thing with Keeling's—I agreed, provided it was done at a proper price—I did not limit him to any amount—after that I knew that he was doing it—Belling through a broker is an ordinary thing in the way of trade, using a person's name and that person receiving a commission—Keeling's is a highly respectable house, one of the best in the trade.

Re-examined. I think the whole commission I received was under 10l.—I received it after each transaction—I gave cheques for less than I got, and got cheques and kept the difference—I had no transaction with Brown unless the cheque was paid through a banker, but it was seven years ago—I say that every one of my transactions passed through my bankers—I see this entry "W. Balchin" representing a transaction of 48l. 17s. 8d.—I cannot call it to mind, but I can swear that I had nothing to do with it; it is nearly seven years ago—I have got an account of all wines and spirits upon which I received commission—I have not got in my book any account of a transaction of 17th July amounting to 48l. 17s. 6d.; I know nothing of it—I have received no commission and no cheque, and to the best of my knowledge and belief this entry is an improper one—I do not know whose writing it is. (Mr. Yearworth here stated they the entry was in the writing of Taylor, the dock clerk at Aldersgate Street.) I had no transaction on 18th July of 69l. 17s. 6d., nor do I know—of my being supposed to be both a seller and buyer in it—the cheques were really paid into my bankers; I have them here—I can say whether they passed through Saull's or Brown's bankers, but one is an open one and I cannot say—I received cheques from Brown on each occasion before I paid.

By the COURT. What I stated in my deposition is right (This deposition showed a slight difference between the amounts the witness received and paid.) Here are the cheques, the difference between these two cheques is 2l. 10s., which is my commission and profit—I received the money before I paid it—the object was that Godfrey might get out of the business, which was going to the dogs.

JOHN JEREMIAH . I am clerk to Keeling and Sons, winebrokers, of Tower Street—during 1872 I saw Brown about the purchase and sale of some brandies and wines—one item was 226l., another 351l., and another 114l, odd—we were represented as buyers for Saul, Brown, and Co., and sellers to Brown and Co., of Worship Street—we acted as brokers, and charged brokerage; that is an everyday thing—had we been aware that it was buying from one member of a firm and selling to another, we should not have done it, but the prices were regular, and they were fair market values—Mr. Brown settled the prices with me; they were the then market prices—knew that there was a firm named Brown in Worship Street, but we did not know that there was a connection between the two—it was not my duty to see that the prices were fair and reasonable, but I was asked on the last trial, sad I referred and found that they were, but I had nothing to do with the prices at the time—I was not aware what the cost prices were, but I found out afterwards by the name and the quality and the vintage of similar goods.

JAMES ROSS . I am a paying cashier at Glynn, Mills, and Co., bankers—Saull, Godfrey, and Brown kept an account there—I paid this cheque in June, 1872, signed E. Godfrey and W. J. Brown, for 600l. to the account of Saull and Co., with a 500l. note, No. 13997, a 100l. note, 18027, a 50l. note. 79695, a 20l. note, 45746, and a 10l. note, 73131.

Cross-examined. The cheque is countersigned "W. Saull"—the account stood in the name of Saull and Co.—all cheques were signed by Godfrey, Saull, and William Saull—we perforate cheques now, but we have only done so for the last six months—I know that it passed through our bank because it is cancelled by me and entered by me; here is the number of it—I have drawn two lines this way, and one across it.

RICHARD B. KERCHILD . I am a clerk to Glynn, Mills, and Co.—this is the counter book, by which I find that on 14th August, 1872, 1 changed this cheque (Signed E. Godfrey and William Jarman Brown) with a 100l. note, No. 23792.

Cross-examined. There is a third name on the cheque (William Saull). EDWIN SAVILLE THOMPSON. I am a clerk at the Lambeth branch of the London and Westminster Bank—the defendant kept an account there—this credit slip of 5th June shows a payment in of 670l., which was made up of Bank of England notes—I cannot give the numbers, as a good many of the books have been destroyed since then, but I see by my affidavit in Chancery that I then stated that it was made up of a 500l. note, 13997, March 16, 1872; a 100l. note., 18037, January 25, 1872; a 50l. note, 79695, January 24; and a 20l. note, 45746, February 23—I have a paying-in slip of 505l. on 13th August, but no slip of 500l. on 14th August.

SOULL. I am clerk in the head office of the London and Westminster Bank, Lothbury—persons having an account at the branch can pay in at the head office and it is forwarded to the branch—on 4th September 530l. 7s. was paid in to the account of W. J. Brown, Lambeth branch—that consisted of a cheque for 30l. 0s. 7d, and a 100l. note, 23702, March 10, 1871.

HORACE YBRWORTH (Re-examined). This is the book of the Worship Street business kept by Mr. Brown himself—this page extends from September 3rd, 1872, to March 31, 1874—the amountstanding to Mr. Godfrey's credit September 3rd, 1872, is 4, 168l. 19s. 7d.—the whole of these two sheets are in Mr. Brown's writing.

SOULL (Re-examined). These cheques are cancelled after our usual custom; each cashier has his peculiar cancelling mark—perforation has only come in within the last few years; it does not constitute cancelling, but it is one mode of showing that, a cheque has gone through the bank—I only know that those cheques have passed through a bank by the signatures being cancelled, but there is nothing to show that that was done at our bank—our Lambeth cashier can tellyou.

EDWIN SAVILLE THOMPSON (Re-examined). These cheques are not perforated with our stamp, and I do not think they did pass through the Lambeth branch of our bank—I have been there eleven years, and perforation was done when I went.

MR. STACEY. I am a messenger of the London Bankruptcy Court; I produce the file of proceedings in the bankruptcy of Brown, of Worship Street GEORGE BRIGGS. I am clerk to the trustee of the estate of Charles Godfrey

and William Jarman Brown, of Worship Street—I have had the conduct of the matter of two proofs of Mrs. Saull, one for 5,000l. and the other for 3, 788l. 14s. 3d. (The Order in Chancery was here put in dismissing the plaintiff's bill with costs, to be taxed by the Master, and refusing costs to Brown and Godfrey and to their trustee.)

FREDERICK WILLIAM SCHRIEBER (Re-examined). I was in Court when the defendant was called; he did not answer, and it was shown that several times they endeavoured to find him, but could not

Witnesses for the Defence.

ROBERT HELSHAM . I am a solicitor, of 2, Sherborne Lane, City—I was trustee of W. D. Saull and the deceased in the matter of this partnership—my son was called on the trial in 1876, and produced the partnership deed—I was the attesting witness to it—W. D. Saull was the brother of Mrs. Saull's husband; he died in 1855, and shortly afterwards Mrs. Saull's husband died, after which she carried on the business with her son, who was about 21 or 22 at that time—he managed it—it was a very good business when her husband died—in 1858 it had been entirely destroyed, and but for the assistance of the trustees of W. D. Saull the whole thing must have been shut up—I saw Mrs. Saull about the state of affairs—at that time Godfrey, who was afterwards a partner, was either the traveller or manager, and Brown was a clerk—Mrs. Saull told me then that Godfrey had lent her money; I don't know how much, but about 1,000l.—I thoroughly explained to her that I acted for the trustees, and the nature of the transaction—my impression is that there was no power for her to give permission to sell—lending 2,800l. was a breach of trust, but the family must have starved if we hadnot done so—I advised my father to commit the breach of trust for the purpose of saving Mrs. Saull and her children, and Mr. William Saull, of Northampton, joined to save us from the consequences—he is in Northampton—I opposed the suit of Webb v. Saull against the trustees to make them pay the money—I was not beaten in that; I was solicitor for the trustees; it was a—suit calling upon us to account for the trust—I do not remember a suit of Saull v. Saull in 1875—I remember taxing the costs of two Chancery suits—I do not remember what I paid Miller and Miller for costs—if I said before, "I remember taxing the costs in two of the Chancery suits, and I remember an Order of Court to pay Miller v. Miller 2,500l.," that is correct (See Sessions Paper, vol. 84, p. 251).—I known that there was a suit of Godfrey v. Saull in 1871—I was acting for the trustees of Devonshire Saull—a decree was made in Miller v. Saull, and the 2,500l. was paid, part in cash and the balance in bills; the Court decreed that we were to take the bills as cash, and we did so.

Cross-examined by MR. SOLICITOR-GENERAL. If I said before that the order was to pay Miller and Miller 2,500l., that is correct, I might have referred to some paper—Mr. Miller himself told me that it amounted to considerably more than 500l.; their costs must have been taxed at considerably over 500l.—I have no interest in stating anything but facts; Mr. Miller is behind you, perhaps he can tell me; he would have the allocatur, I have not got it—I do not know what my deposition was at the time, I cannot remember now—I think I was solicitor in two of the Chancery suits, but if I was not, I might as a party have attended the taxation; I cannot now tell which two out of the six or seven, or I would tell you directly—Q. I ask you again, will you deliberately swear that the costs exceeded 500l.?—A.. I

won't say anything about it at all, I simply say that I do not remember but what I said on my last examination I believed to be true—whatever the amount was it would not come from Godfrey and Brown, but out of the fund paid into Court.

Re-examined. Mr. William Saull was appointed inspector under the partnership deed—I do not know whether he inspected the books—I met him very often at Aldersgate Street.

HORACE YEARWORTH (Re-examined). During the time I was in the employ of the firm at Aldersgate Street, Mr. William Saull, of Northampton, used to attend periodically, but the accounts were sent to him monthly—he attended after the partnership expired, and when I left in May or June he would have access to the books, but he had a monthly extract sent to him—I do not remember whether he had the monthly extract after the partnership expired, but he came there and had access to everything.

GUILTY Strongly recommended to Mercy by the Jury. . —Six Monty Imprisonment .

OLD COURT.—Friday, October 25th, 1878.

Before Mr. Recorder.

Reference Number: t18781021-892

892. JAMES MILLWARD (36) , Unlawfully omitting to discover to his trustee in bankruptcy the sums of 200l. and 1,219l. 19s. 6d. received by him from Thomas Spencer and others; also for falsifying his accounts.

MESSRS. STRAIGHT and TICKELL conducted the Prosecution; and MR. WINCH.

the Defence.

CHARLES LEGO A IT BARBER I am a shorthand writer to the Court of Bankruptcy—I produce a correct transcript of my notes of the examination of the prisoner, attached to the proceedings.

HENRY ALFRED STACEY . I am a clerk in the Court of Bankruptcy—I produce the file of proceedings in the prisoner's bankruptcy—the petition was filed on 17th July, 1877—the act of bankruptcy was the failure to answer a debtors' summons, and there was an order made for substituted service dated 24th September—the names of the petitioning creditors are Edward William Brydges, William Edward Sheppard, and William A. C. P. Williams for 201l. unpaid acceptance—there is a notice to dispute the adjudication filed on 2nd October, 1877, signed James Millward—the adjudication is dated 21st November, 1877—on 4th December, Mr. William Waddell, accountant, of 11, Queen Victoria Street, City, was appointed trustee—a statement of affairs was filed on 3rd January, in which the unsecured debts are stated at 4,168l., altered to 3, 768l., creditors fully secured 15, 900., the only asset is book debts 350. described as due from William Glenn, under a bill of sale of furniture at Esher—there is a registrar's order of9th February, 1878, directing a cash account for the six months preceding the adjudication—I find a copy of that account—on the paying out side there is in October, "Mr. Lywood repaid loan 500l.," also a payment to Pope on account of debt and interest 145l.—I also find requisitions ordered to be made to the bankrupt, and answers to those requisitions—the date of the order to prosecute is 4th September this year.

THOMAS SPENCER . I am a member of the firm of Whateley and Co, Solicitors, of 41, Waterloo Street, Birmingham—we were solicitors to the late Charles Millward, who died in Septemberlast year—under his will the prisoner became entitled to a legacy of 2,000l.—on 17th September, 1877,

I wrote this letter to the prisoner informing him of the legacy, and about 3rd October I received instructions to forward him a cheque for 200l., which I did, and in due course received an acknowledgment from him dated the 4th—on 15th October he called at our office in Birmingham, and wanted to have his money at soon as possible paid in London to his wife to complete a purchase—he did not say a word about there being a petition in bankruptcy against him, he left this receipt for the full amount of the legacy—on the following day I wrote to him and received this reply; "27th October, 1877.—My dear Sir, Thank you for your letter, any time will suit me to meet you in town "—on 27th October he came to the office of our. London agents in Chancery Lane, and I then paid him 1, 219l. 15s. 6d; he asked for cash, but I mistrusted his memory, and gave him a draft on the London Joint Stock Bank dated 26th October.

Cross-examined. All the money I paid into his hands in respect of the legacy was 200l, and 1,219l. 15s. 6d.—the receipt is for 1,940l.—the 500l. difference was a debt due to the testator—in his cash account he accounts for these two sums.

WILLIAM WADPELL . I am the trustee appointed under the bankruptcy of the defendant—since the administration of the estate came into my hands, I have looked into his affairs—Mr. Howlett has been acting as my solicitor in the bankruptcy—I have inquired into the liabilities returned in the prisoner's statement of affairs; the amount has been altered from 4,000l. odd, to 3,000l. odd, because 400l. due to Mrs. Millward, the prisoner's mother, has been taken out of the unsecured and put in the secured—the prisoner considered her secured—until that statement was filed under the direction of the Court, the prisoner had not disclosed to me the receipt of these two sums of 200l. and 1,219l.—the book debt, which is entered as an asset, is not worth any thing—I was apprised not to go on with the action—r I cannot tell exactly when Captain Kerr first communicated with me, I think it was after Christmas, 1877—my solicitor ultimately received from him a sum of 243l. 14s.; that is the sole amount I have recovered for the benefit of the creditors.

Cross-examined. I have not applied to the London Joint Stock Bank to know how the 1, 219l. 15s. cheque was paid; this is the first time I have heard of it; I know that at the Bankruptcy Court questions were asked about it; the matter has been entirely in the solciitor's hands.

LEONARD LYWOOD . I live at 7, Osborne Terrace, Southsea—I have known the prisoner for some years—it is not true that in October, 1877, he paid me a sum of 500l., or any sum. (The bankrupts examination contained this assertion.) I had some idea of going to America—I had told the prisoner so.

Cross-examined. I have known him over 20 years; I have had several money transactions with him; not to any large amount; they have been large in the aggregate—he was very much addicted to drinking—I don't bow what his state of mind was in October last; he has been drinking very hard ever since I have known him—I thought hisconduct very extraordinary on several occasions; his memory was so bad I don't think he knew what he was doing—I don't think he knew what he had done four or five months previously—it is the practice on the turf for men to act as commission agents for others, and to have money placed in their hands to act on their behalf.

CHRISTOPHER POPE . I reside at Twinings, near Tewkesbury; I formerly

resided at Chascley—in October, 1877, I never received 145l. from the prisoner or any sum like it—I never entrusted him with any sum like 400l. to invest in betting for Me. (This allegation was also contained in the bankrupt's examination.)

Cross-examined. I had transactions with him for many years—I found him a very honourable man—he drank very much; he was very strange at times; I could not make him out of late; I thought he was very much altered—he owes me some money—there is a balance of an account extending over some years.

WILLIAM ALEXANDER KERR . I am a retired captain of the Army, it present living at 91, Lansdown Place, Brighton—I have known the prisoner about two years—in the early part of the present year I was at Southsea, where the prisoner was lodging—I remember travelling with him in the train, when he showed me a bundle of notes which he afterwards told me had come into his possession by some settlement which he had made with Colonel Owen Williams, of the Blues, at Sandown Park; he afterwards said that he had come into the money by his uncle's will—he said there was about 1,200l.—I was asked by Mrs. Millward to see Mr. Waddell with a view of making some settlement in this matter—I received 250l. from her, which money I gave to my solicitors to hand over to Mr. Howlett, the solicitor to the estate—on one occasion when I went into the prisoner's lodging at Southsea I saw him take some notes from under the bed or mattress—I afterwards saw the numbers of four 100l. notes; that was in March, at Mr. Clark's house, 7, Osborne Terrace, Southsea—on 3rd April I wrote this letter to the prisoner. (Read: "Dear Millward,—It appears I am likely to be treated in a manner like every one who befriends you. You can hays your 250l. back the moment I am released by Mr. Waddell from my offer," &c.) I had made an offer of 250l. on Mrs. Mill ward's account and 50l. on my own, to pay up the whole bankruptcy, and when I wrote that I had determined to drop the proceeding; I have not quarrelled with the prisoner, I have ignored him, avoided him.

cross-examined. The expression "There is bitter enmity between us" accurately expresses our relation. I detest the man; I have good reason for so doing—he asked me to initial the four bank notes, and in my letter I asked him for an explanation for his doing so—I have never been able to understand it; I think it was a very stupid act and a very extraordinary one—I was at that time in communication with the trustee—I did not tell the trustee about the four 100l. notes—I knew about the bankruptcy proceedings at the time—my offer to the trustee was to pay him 250l. and 50l. costs—it was open to him to accept or refuse, and at that time he had not done either—the prisoner of course knew that I was in communication with the trustee—I have been in England now nine years, and I have been twice to the Derby and once—to Good wood, that is all; no bookmaker in England ever made a bet with me—I do not bet—I have had no betting transaction of any sort with the prisoner.

ALFRED BROWN (Police Sergeant E). On 5th October I was with Sergeant Lane when he took the prisoner into custody at his lodging in Hart Street, Blooms-bury Square; I searched and found some letters, one dated 17th September.

ALFRED LANE . I took the prisoner into custody—on going to the station he said that 400l. of the money had been paid, and the other would be paid on the following Monday; it was not his fault; it was the fault of the solicitors. (The bankruptcy examination was put in and read.)

GUILTY .— Judgment Respited.

Reference Number: t18781021-893

893. CHARLES POTTER (33) , Unlawfully publishing a false and defamatory libel concerning George Hay. The Prisoner pleaded NOT GUILTY and a justification, but on his withfoming the plea of justification Mr. Montague Williams withdrew from the Protecution. NOT GUILTY .

OLD COURT.—Saturday, October 26th, 1878. Before Mr. Justice Hawkins.

Reference Number: t18781021-894

894. EDWIN HUGHES (15) was indicted for and charged on the Coroner's Inquisition with the manslaughter of John Dulieu.

MR. TICKELL conducted the Prosecution; and MR. PURCELL the Defence. WILLIAM TRINNIMAN. I am a wood turner, of 8, Poole's Place, Clerken-well—I knew the deceased, John Dulieu, for a good many years—I also how the prisoner—on the afternoon of 27th September we were at work in a shop at Shepherdess Walk, St Luke's—the prisoner was playing with the lathe and tools next to me—Dulieu was at work about four yards off—he aid to the prisoner "Get away from that lathe, will you"—the prisoner said "I shan't"—Dulieu said "If you don't get away from that lathe, I till clout your b——ears"—the prisoner said "What will you do?" and be ran by me up to the saw bench towards Dulieu—Dulieu hit him down the face with his cap, not very hard, and the prisoner picked up a gouge off Carter's lathe and threw it at Dulieu quite hard, towards his legs—there free a lot of tools there—he took up the first thing that came to hand—it at Dulieu on the left side of his belly—he walked up and down his lathe to or three times with his hands to the place and said "I am murdered; I am dying; go and fetch a doctor"—I saw blood coming through his lingers—the prisoner ran for a cab, and the deceased was taken in it to the hospital—the prisoner's proper place to be at his work was at the other end of the shop, 20 or 30 feet away—he had no business near the lathe.

Cross-examined. He had been sent by his foreman from one part of the shop to the other—Dulieu pulled off his cap and struck him with it—I did not see any dust from the cap—there were lots of tools and pieces of wood lying there—this gouge is very light.

THOMAS PROSSER . I was house surgeon at St Bartholomew's Hospital—on 27th September Dulieu was brought there—he had a punctured wound in the abdomen on the left side, such as might be produced by this weapon—there was a piece of gut protruding—he died the following day from the result of this wound.

THOMAS DENTON . I was present when this occurred—I saw the cap; it was very dusty—the gouge was on the lathe covered with dust and woodtrimmings—the prisoner threw it downwards as hard as it could be thrown.,

The Prisoner's father gave him a good character.

GUILTY Strongly recommended to mercy by the Jury. . To enter into recognisances with his father to appear and receive judgment if called upon .

NEW COURT.—Saturday, October 25th, 1878.

Before Mr. Recorder.

Reference Number: t18781021-895

895. HENRY RAY (24) PLEADED GUILTY to unlawfully conspiring with other persons to obtain a situation as barman by means of a false character

Eight Months' Imprisonment without hard labour . (See Surrey cases, Reg. v. Humphries and others.)

FOURTH COURT.—Saturday, October 26th, 1878.

Before Bobert Malcolm Kerr, Esq.

Reference Number: t18781021-896

896. WILLIAM ANDREWS (14) and JAMES WARNER (35) , Feloniously forging and uttering an order for 63l. 5s. 9d., with intent to defraud.

MR. HORACE AVORY conducted the Prosecution; and MR. DOUGLAS METCALFE.

defended Warner.

CHARLES HENRY COMPTON . I am a solicitor in partnership with Mr. Withall, at 9, Great St. George Street, Westminster—I have an account at the Lambeth Bank, and also at Messrs. Coutts'—on 12th September last I was away from business for a holiday, at Hunstanton, and received a letter from Mr. Wakefield, our cashier, enclosing a cheque for my signature—it was crossed as it now appears, "Messrs. Coutts and Co., not negotiable"—I signed the cheque in the name of the firm, and returned it to Mr. Wakefield—on Saturday, 14th September, I received it back with a letter from Mr. Wakefield—I then endorsed the cheque "Messrs. Coutts and Co. Please pay Mr. Wakefield for Withall and Co.," and posted it to Mr. Wakefield the same morning—on the Tuesday following I came up to town and went to the office and found that the cheque had not arrived—in consequence of what I heard inquiries were made at Messrs. Coutts' Bank—about 26th September the prisoner Andrews was brought in custody to our office—I know Mr. Wakefield's handwriting—the body of the cheque is in his handwriting, bat "James Wakefield" is not—his Christian name is Louis.

JAMES GEORGE LANK . I am cashier to Messrs. Coutts and Co., bankewon 17th September I cashed that cheque over the counter—I believe it was the prisoner Warner who brought it—I asked him if he came from the office—he said "Yes;" I asked then if his name was Wakefield, and he said "Yes"—I asked him to write his name, and he wrote "James Wakefield"—then I paid the cheque in 12 5l. notes and coin, the numbers were 81811 to 81822; they are consecutive numbers, and are dated 8th February—the remainder was in cash.

Cross-examined by MR. METCALFE. When Warner came, I did not ask whether he came from Mr. Withall's office, but only "the office."

LOUIS WAKEFIELD . I am cashier to Messrs. Withall and Compton—tan is not my signature—my name is Louis, not James.

CHARLOTTE TAYLOR . I live with my husband at 19, Great George Street, Westminster, and am housekeeper there—I know the prisoner Andrews—he is a second cousin, and has visited us at that house—he was there on Monday, the 16th September, about mid-day—I did not see any one with him—I keep the key of the letterbox, which is attached to. the outside door—I missed it on the 15th September, and never saw it again—it is a similar key, to that—there were three, now there are two—a gentleman has one—it is common lock.

FREDERICK PEARSON . I am a clerk in the Bank ofEngland—on the 25th September two 5l. notes, Nos. 81817 and 81818 were presented to me far change' by Andrews—I detained him, and he was given into custody.

cross-examined by MR. METCALFE. Another note was afterwards paid in, I by the Union Bank.

Re examined. Those are all the notes I received from Andrews.

HENRY MARSHALL . I am an inspector in the Detective Department, Scotland Yard—in consequence of information I received I looked for Andrews, and on 6th October arrested him at Hastings—I had a warrant, which I read to him—he said "I know nothing of it" at first—he was then locked up—I saw him later in the day—he said "I have seen my uncle in the day, and he has advised me to tell the truth, and I wish to do so to you: on the 16th September I went to 19, Great George Street with a young man whom I bow as Gerry. I visited my cousin there, and we saw the letters in the letterbox."

By the COURT. When I at first saw him, he said he knew nothing of it; but I said "There have been four bank notes, the proceeds of a cheque, traced to you"—he said "Two I found in Finsbury Square, the other two I picked up in George Street, Westminster," the latter being those that were detained at the Bank of England unpaid.

By MR. METCALFE. He said "Two of those were stopped at the Bank of England"—he said that the young man who went with him gave him two I on the first day.

By MR. AVORY. When at 19, Great George Street, with "Gerry," he said they saw letters in the letterbox; took one out, and found, by holding it up to the light, it contained a cheque; they went away to a coffee-house in the City Bead, and on the following day they went to Westminster, with a view to get the cheque cashed; they first went to a bank over Westminster Bridge, sad then came back and went to Coutts'—that he waited outside and the young man went in and cashed the cheque, when he came out he said he gave him two of the notes—the young man told him when he came out that he had signed the name on the cheque, James Wakefield—he said with one of the notes he bought a suit of clothes at Messrs. Gardner's, in Whitechapel—he was wearing a naval suit, the same as he has now—he said they parted and met again the following day, and then the young man asked him to go to the bank and cash two other notes; and he went to the bank and was stopped, and given into custody—they were the two notes that are at the Bank of England unpaid—he said he had beentaken into custody previously by a detective at the Bank of England and was afterwards let go—he said that the detective took a key away from him and 5l—that was the proceeds of the cheque also—I afterwards received that cheque from another detective—it was endorsed—he said that was the key taken from him by the other detective—I have tried the key, but the lock has been altered; it does not fit now—I did not try it before it was altered—after that I went on the 7th, a Monday afternoon, to London Bridge railway station, and saw Warner acting as an outside porter—he was called into the office by one of the authorities—I said to him "You answer the description of a man who presented a cheque that had been stolen to Messrs. Coutts' Bank and got it cashed, do you know the right name of Andrews?" and he said "Yes"—I did not say anything then about how the cheque was signed—I think I afterwards drew his attention to it—afterwards I told him I was an inspector of police—he said "Yes; I know. a lad of the name of Andrews"—I produced the cheque and said "This is a forgery to the cheque," and he said "Yes, that is my writing; I wrote

that; I met Andrews at a coffee-house in the City Road on the 16th; he had this cheque with him, and said it was the proceeds of a three yean and seven months voyage, and that he wanted to get it cashed; that he did not like to go to the bank to cash it himself, had got some time off font duty; and we went to the bank on the following Tuesday," that they slept at the coffee-house, both of them—he said they first went to a bank over Westminster Bridge, where they were referred to Coutts'; and when they got to Coutts', he said "What name shall I put upon it?" and that Andrews told him to sign "James Wakefield"—he said he went into the bank and presented the cheque, and signed the endorsement "James Wakefield," and that he received 12 5l. Bank of England notes, 3l. in gold, and the remainder in silver and bronze—when he came out he said Andrews gave him 5s. for the job, and that is all he knew of it—I told him he tfonld be charged with stealing it, and also with forging and uttering—he said did not I consider the explanation he had given sufficient?—I said no I did not—I searched him and found 5s. and a bunch of keys—one of the bunch of keys opens the letter box—the bolt does not answer to the turn of the key every time, but if you persevere it will come undone.

Cross-examined by MR. METCALFE. I have made inquiries about Warner, and find that he was for five years in the employment of Mrs. Burton, who keeps a coffee-house in the City Road, and that he bears an excellent character—he left there of his own accord, and was employed by the South Eastern Railway Company—when I took him into custody he was employed as an outside porter at the South Eastern Railway—I made inquiry as to his times of work, and was told by the authorities from 8 in the morning till about 6 or 7 at night; sometimes rather later—I understood he was not employed by the company, but simply as an outside porter; that is, he takes his chance of what he can get—he told me that he gave Andrews the whole of the money except 5s.—I have traced eight of the notes, six up to the time of the inquiry before the Magistrate, two since; six to Andrews, some were in his possession: not one to Warner.

JOHN FIELD . I am assistant to Messrs. Gardner, of Whitechapel—about three weeks before Andrews was taken into custody, he came dressed in a sailor's uniform, stripes on his arm, and the name of a ship on his cap (the Duncan) into our shop and bought a naval uniform, cap, and hosiery, for which he paid with a note, No. 81, 811—I found the note was stopped.

Witnesses for Warner.

ALICE ELWALL . I am the niece of Mrs. Burton—she keeps a coffee-house, 108, City Road—I have known Warner a long time—he is m the habit of sleeping now and then at the coffee-house, and very often comes to see Mrs. Burton—I remember his coming on the night of the 16th September, about half-past 9 or 10—Andrews came in about 11—he did not seem to know Warner—he was dressed in a sailor's costume—he did not sleep in the same house as Warner—there are two houses, separated—you can get from one to the other without going into the street, through a Passage.

Cross-examined. Warner sometimes slept at the house a week off at a time—it was about two months before this day that he slept there—I had never seen Andrews before—when he came in, Warner asked me whew Mrs. Burton was—I said, "I do not know"—Andrews and Warner had no conversation together that night—Andrews turned round and said, "Good night, gentlemen," and walked out—there were three or four other people

there—I saw them the next morning about 12 o'clock when I came there—Warner and Andrews were both out then—they came back together about half-past 12—they did not stay in the coffee-house that night, only had dinner ind went away—I knew where Warner was at work—he told me he had been away half the day on the Monday—Andrews paid for dinner on the Tuesday—Warner did not hare any, only some pastry which Mrs. Burton gave him—he did not pay for anything.

LAVEUA BURTON . I am the widow of the late Mr. Burton, and carry on the business which my husband had carried on in the City Road as a coffee-house keeper—I have known Warner about nine years—he was in my employment eight or nine years—he left on two occasions of his own accord to improve his health—when he left the first time he took employment at the railway at London Bridge—we asked him to come back again; he did to, and stayed about two years, till some time after my late husband's death—he left me again to go to some employment at the South-Eastern—after he had left he still came to see me very often, and slept there three or four nights at a time—during all the time he was with me he was strictly honest and trustworthy—I don't think he assisted me in work after leaving, unless he did for my niece when I had gone to bed—I don't remember the boy Andrews coming in—I was not there—I came down the morning of the 17th between 3 and 4 to open our house—I saw Andrews about half-past 7 or 8—he asked me if he might have breakfast in the back parlour—I said "Yes"—he said he had been to sea for three years and five or seven months—he showed me a cheque for 63l.—I think that is the cheque—I said, "How came yon to have so much money in your care?"—he said, "It is our pay money"—I said, "Don't your parents know that you have come to London?"—he said he was on the road from Portsmouth or Plymouth, I don't know which—he said, "They expected me there, but I did not arrive at the right time, and we were only paid off yesterday"—I then said to him, "Is it right to pay boys off? Ought not the parents to receive the money?"—he said, "No, it is more than they dare do to keep a seaman's money after he has left ship"—he said he had been to some bank; that it was not endorsed; he had taken it back to the owners, and that he was going to have it changed—I advised him to be very careful, as there were always people ready to pick sailors up, and the best thing he could do was to go home to his mother, and I asked him what he was going to do—he said he was going to stay one day in London and see a little pleasure, and then return to his mother in Brighton—I said, "If you like to entrust it in my care I will mind it for you till the. following morning"—he then had a little conversation with my kitchen-servant and the young man I keep in the shop, and he asked the servant if he might go and brush his clothes—on returning to the kitchen he said he had seen a young man who was lodging with me, and was he to be trusted—I said, "What young man? Oh, you mean Gerry," meaning Warner—I said, "You could not have a better friend; place yourself in his care, and go home to your mother directly"—he thanked me, and said he would—Warner then said to me, "This boy wants me to go with him to the bank to pt a cheque changed"—I said, "Oh, go with him, it is a pity he should be lost"—he said, "I will, but I must report myself at the railway"—they then left my house—as they were leaving the. butcher's man came in—I said, "Do you think your master can change this cheque?"—he said, "I have no doubt," he knowing Warner—they went to Mr. Meanwell's; he refused to

change it—I saw them with the money an hour or two afterwards; Andrews said Warner had got his money—I took the money and counted it, and found there were 12 5l. notes—to the best of my recollection the boy gave them to me—I said to him, "Are you going to stay in London another day?"—he said "Yes"—I said, "Let me mind them for you, or you will be robbed of them—he said, "Give me one of them and keep the others, and I will lodge here to-night"—I said, "No, you have a balance, and that balance is quite sufficient for a boy to spend in one day"—I said, "You had better go home to your mother"—he said, "No, I should like to see a little pleasure"—I said, "Give them to my care; let the boy see me count them," and I gave them to my niece with my keys, and she locked them in my drawer—I can scarcely say whether Andrews and Warner went across the road about a watch that the boy said he had left at a jeweller's across the road; I think they went across—they came back, and Andrews asked for dinner—I said to the boy that I thought Warner had lost a deal of time; "You ought to give Warner ('Gerry' I called him) some recompense for his trouble"—he said, "I have already given him 5s.; will that be enough?"—I said, "I should think so"—they took some refreshment—my niece was in the room a portion or the whole time—they sat there some time—I was busy in the shop, and cautioned the boy being a good boy—he then said he thought he should go home, as he did not seem inclined to take any pleasure—I said, "It is the best thing you could do, but let me know when you are going home"—he said he would take a bed, and he paid me the money for a bed—I said, "Let me know, and you shall have your money; I shall not give it to you unless I am certain you are going home"—I served some customers, and then he said he thought he should go home; he should not like to lose it—he said his parents kept a public-house at Brighton—I said to Warner, "You are going to the railway-station; cannot you see him in the Brighton, train, and make him telegraph to his mother, so that he should not be robbed by anybody following him on the road?"—I still had his money—I looked at the time-table; the time for starting was 4 o'clock—I had the notes brought down, and counted in his presence, and folded them, and told him he should have a print bag to put them in—he said "No, I will wrap them up in another paper"—he wrapped them up, and as he left the door he showed them to me rolled in a piece of paper—he replaced them in his pocket, and went away—I did not see him again that day—I saw Warner in the day, or in the evening after 9 o'clock—he came back alone—I said "What did you do with the little sailor-boy?"——he said "Oh! he wanted to buy everything he saw, first a gun, and that gun I thought I should not be able to keep him from buying;" and that he had seen him off—I next saw Andrews five or six days afterwards—I did not speak to him at night when he took a bed, but in the morning I thought he had a haggard appearance—he went to his ship, and came back—he said "Somebody has stolen my purse, with 5l."—I felt hardened against him—he said he had some sailor friends, who went to a coffee-house, and they asked 10s. 6d. for a bed, and one of them was robbed, in a place called the Verity, of 30l. that very night.

Cross-examined. I first knew his name was Andrews when the inspector came—I cannot say whose name the cheque was in—I read the amount—I did not notice the back—I never inquired the boy's name—Andrews had met Warner in our kitchen when he went there to brush his clothes—he said he had had a conversation with Warner, and was he to be trusted to go with

him to change his cheque—my conversation with the boy was before he sew Warner—Warner came down on Tuesday about 8.30—he went to work at 9, or earlier—he had a cup of tea overnight—I cannot say which had the notes when they came in—I do not remember whether Warner slept at my house on the Tuesday night—I am positive he slept there on the Monday—I did not see him till the Tuesday morning—Warner had slept there two months before; not for many days—I gave the notes to the boy on the Tuesday afternoon, about 3 o'clock—when he came back he had no money—I thought an ungrateful boy like that might go at large—Warner slept there once or twice since—we all missed Andrews, and wondered what had become of him—we referred to him as "the sailor boy; that nice boy"—I had never seen him before he came to my house—he particularly said, his father said this was a respectable house, and he would sleep here.

Cross-examined by Andrews. Gerry slept in another house—he could not see you before I did.

JOHN FIELD (Re-examined). I know the note which the boy paid me by his name and address on the back of it, and our stamp—I said "Will you write your name on it?" and called "Cask," and he wrote his name in my presence.

HENRY MARSHALL (Re-examined). It is his father's address—he belongs to the Royal Naval School at Greenwich—he was staying at his father's for his holiday.

WRIGHT MEANWELL . I am a butcher, of 4, Bath Street, City Road—on 17th September a sailor-lad (Andrews) and Warner, with my man, brought a cheque—I said I could not cash it, because it was written on "not negotiable"—I advised them to go to the bank, and as the lad said he was going to Brighton, to take 3l. in cash, and get them to make the other 60l. payable at Brighton—Andrews said he had been to sea over three years, and that was his wages—he did not say where he lived, but that he was going to Brighton to see some friends.

Cross-examined by MR. AVORY. Both Andrews and Warner asked me to change the cheque.

Cross-examined by Andrews. Warner gave me the cheque—I don't know where he got it from. Re-examined. My man was not there; he went out On business directly.

JOHN COWLING . I am a timekeeper at the South Eastern railway station at London Bridge—Warner has been in the company's service on and off, about 20 months, the last time 14 months—he left of his own accord—he, was a carriage-cleaner—he is now an outside porter—he is not paid by the company—he has borne a very good character—on 17th September I remember his coming to the station about 10 a.m. with Andrews, who was dressed as a sailor—he told me he wanted to go to Westminster to change a cheque—I did not notice the amount; it was about 63l.—Andrews said it was his wages, and that he had been away three years and a half—Warner had hooked on the day before at 10 a.m.—I left on the Monday about 7—Warner was still at the station—he had been there as far I can say the whole day.

Cross-examined. I was only away on Monday from 12.30 to 2.10 to dinner—porters report themselves—they have about an hour for dinner, arranged according to the times of trains—Warner did not report himself as going to be absent.

Re-examined. He had late duty, and did not leave before 9 p.m.

WILLIAM BRISSENDON . I am a porter at the London Bridge station of the South Eastern Railway—on 16th and 17th September Keogh, a labourer, was absent on leave—Warner takes Cowling's place as timekeeper after he leaves—as Keogh was absent Ashbourne took his place—I was on duty on the Tuesday from 9 a.m. till 9 p.m., except from 12.30 till 2 p.m., my dinner-hour—I saw Warner at 10 a.m.—it would be his late-duty night—he would leave about 9—I cannot say whether I saw him then—I saw him about 7 or 8 p.m.

Andrews' Defence. I was put up to it by Warner. He went in about half-past 10 and told me to come in at a quarter to 11. When I went in he said "You go to bed." I saw him before I saw Mrs. Burton. I first met him on the Friday at London Bridge coming from Greenwich. We were looking at something in a shop window. He asked me where I was going, and I said "This way." I met him again the next day, and the next he went with me to my cousin's at Westminster. He then told me to take the key of the letter box, which I did, and he entered while I kept watch, and two letters were taken. Then he took me to his lodgings, and told me to say I had just come from Plymouth, and the cheque was my wages. He said "Ask Mrs. Burton if anybody will go with you, and she is sure to say Me." We took the cheque to the butcher, and he refused to change it. We then went over Westminster Bridge, and then to Coutts'. He canged the cheque and signed the name Mrs. Burton took care of the notes for Mr. Gerry said "You make believe to Mrs. Burton that they are your own." He said "You must get away or they will be after you." I went to Brighton, and came back and slept at Mrs. Burton's. I saw Gerry in the morning, but have not seen him since.

GUILTY was recommended to mercy by the Jury, on the ground that they believed that he was entirely under the influence of Warner.—Judgment Respited. .

Reference Number: t18781021-897

897. JAMES GLBSON (27) , Robbery with violence on Charlotte Merrett, and stealing 1s., her money.

MR. J. P. GRAIN conducted the Prosecution; and MR. HORACE AVORY the Defence.

CHARLOTTE MERRETT . I am the wife of Charles Merrett and live in McLean Street—I was in Theobald's Road, near Southampton Row, on Sunday morning, about 12.40, I was wrapping a shilling in my handkerchief when the prisoner came up and used disgusting language; he knocked me down and took the shilling from me—I said "For God's sake do not ill-treat me, I have only just recovered from a serious illness"—I picked my hat up and followed him.

Cross-examined. I was going home—I am not living with my husband—I started out about 9.30—I have not seen the shilling again—I was knocked on the side of the head—I fell on the kerb—I had been to several places during the evening with my friends, but only to one public-house—the prisoner said "You b—old cow, give me that"—he spoke to a woman, not my acquaintance.

ALFRED HALLOWAY (Policeman E 146). About 12.55 on the Sunday morning the prosecutrix said something to me, in consequence of which I

took the prisoner into custody; he was with a woman in a doorway—I told him I should take him for assaulting the prosecutrix and stealing her shilling—he said he never saw her before. Cross-examined. I passed two doorways with a man and a woman in each, and the prosecutrix pointed out this third one—I have not seen the prosecutrix before in that neighbourhood; I have in Holborn—from what I have seen I believe she frequents the streets—we found on the prisoner at the station 8s. 11d. and a pipe. The Prisoner's Statement before the Magistrate. "I am not the man. I took no shilling from the woman and did not assault her." The Prisoner received a good character. NOT GUILTY .

FOURTH COURT.—Monday, 28th October, 1878.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18781021-898

898. HENRY COX (25), JOHN alias JOSEPH WIGMORE (22), and JOHN STEVENS (28) , Stealing 20 half-chests of tea, the property of Robert Warner.

MR. J. P. GRAIN conducted the Prosecution. WILLIAM SMITH (Detective Sergeant). I received instructions on Monday, 6th October, from Mr. Moore, the manager of Brook's Wharf, in consequence of which I went with West wood to Upper Thames Street about 12.30 or 1 o'clock and watched the wharf—about 2.10 I saw a van pull up at the wharf; I asked Westwood to follow it and I went after him; it stopped in Cannon Street—the driver looked round as if expecting some one, we then followed him to Eastcheap, where he stopped opposite the Cow and Calf and went into a beershop in Love Lane—I ordered Westwood to follow him—he returned to his van and drove to Stratford and from there to 25, Cambridge Terrace, West Ham—he knocked at the door and went in—I went in, and while talking with him, Cox came up—I told him I was a police officer and should take him in custody for being concerned in stealing tea, pointing to some tea in the shop and the remaining portion of it in the van—he said "I know nothing about it"—I said "You occupy this place?"—he said "I don't, it is Mr. McQuillen's"—one of the witnesses said "You know you do, Mr. Cox"—I inquired for the landlord and Sinclair came and said that he did occupy it and paid 14s. a week for it—Sinclair also said "Who is the other party who comes with you?"—Cox said "I don't know and I decline to say"—there was nothing to show that business was being carried on there—I found three empty tea chests there—I took him in custody, took possession of the tea, left Westwood there, and took Cox to Bow Lane police-station, where I charged him for being concerned with others in stealing the tea—he gave his address 48, Lichfield Road, Bow, and about 10.30 p.m. I went there with Westwood, and in a back parlour or kitchen, found Stephens, Wigmore, and another person, and Cox's wife—I asked the wife who those persons were, she said that one was her husband's brother—I had stated that we were police officers—I asked Stevens his name—he said "Stevens"—I said "You are employed at Brooks' Wharf?"—he said "Yes, I am a scaleman"—I said "I shall take you in custody for being concerned with Cox in stealing tea"—I then said to Wigmore "Your name is Wigmore?"—he said "Yes, Joseph"—I said "I shall also take you for being concerned in stealing the tea"—

Stevens said "I know nothing about it"—Wigmore made no reply—Stevens afterwards said "I met Wigmore in the Bethnal Green Road this afternoon; no, I mean this evening, and he told me there was some trouble"—Stevens said in the cab "I know nothing about this affair" and afterwards "I am sorry I am in this trouble"—I took them to Bow Lane—I have omitted that I said to Wigmore "You were in a public-house with Harrison, the carman, this afternoon"—he said "Yes"—I said "Wigmore said you had not that overcoat on then"—he said "No, I had not"—two or three days afterwards I went to No. 10 or 11, Little George Street, Minories, and found these documents relating to sweepings and to the delivery of tea at different wharves and docks—that is where Wigmore carries on business—he has. only one room—I understand they are sampling orders by which he could get access tothe wharf—I found on Cox this document relating to the rent of No. 25; it has Wigmore's name on it—I also found on Cox this newspaper report of a tea robbery at the Mansion House.

Cross-examined by Cox. You came to Cambridge Terrace 10 or 20 minutes after I arrived—Mr. McQuillen said to you "Oh, Mr. Cox, why do you bring us into this trouble?"—you at first denied being the occupant of the place—that was why the landlord was sent for—we had got the four half-chests of tea reloaded before you arrived, but they had been into your house—I said to Harrison, the carman, "Is this one of the men engaged in this transaction?" and he said "Yes."

HENRY THOMAS COOPER . I am a delivery carman in the employ of Thomas Warner and Son, of Brooks' Wharf—on 5th October, at closing time, 4 o'clock, as I was leaving I saw Cox and Wigmore—Wigmore asked me if I knew Joe Cook, and would I fetch him—I said "Yes," but I could not find him, and came back and saw them outside a public-house at the top of the street; Cox said "Will you come and have something to drink?"—we all four went into a public-house, and they said "Would you like a 10l. note? "—I said that I should—they said that I could have one by letting goods go away from the firm that I served, and they would give me the money in the evening—they suggested that a carman should come down with a list, and that I should honour the list and give the goods, and that Harrison should be the carman, and I should know him by that name—Stevens said he would see that the goods on the list should be goods in the warehouse—the pass was to be taken by Stevens or myself in the event of their getting the goods—it was to be given by me—I. was to take it from the gatekeeper's file—the prisoners were all present at this conversation—the passes taken by the gatekeeper are checked every night by the warrants, and if one was taken away it would destroy his record—I then left them, and on Monday morning I told Mr. Moore, and received instructions from him, and about 2 o'clock on Monday afternoon a van came to the wharf driven by a man who I now know as Harrison—he handed me this list (produced)—a warrant is lodged first, and then the list is brought to, me, and I select the goods to be delivered. (Read: Per Harrison, please deliver 20 chests of Congou 281 to 300 per Holman's.) Those were rotation numbers of chests on my floor; they had come by the ship Placenta—Stephens was the foreman; it was his duty to see that it was done—he would have cognisance of all matters contained in that document—I delivered the tea and gave Harrison this pass (produced)—it was my duty to have the Customs warrant

to show that the duty had been paid, but in this case an arrangement was made with the Customs, and the tea was delivered without a warrant.

Cross-examined by Cox. I have been rather over four months in Mr. Warner's employ—previous to that I was at Hay's Wharf—I believe I had a character from there—I got a week's notice to leave—I was rather puzzled over a ship; they thought I was incompetent, and discharged me—my meeting with you was quite accidental as far as I was concerned—we adjourned to the Hatchet public-house and drank there—Stevens joined us just as we came out of the wharf, and I think he accosted me—I admit that I was slightly inebriated, but I recollect all that occurred, and told my employers—a man came in who I told you was the night watchman—I know you suggested robbery, and I acquiesced in it—you asked me if I should like to improve the state of my funds and I said "Yes, they are not very plentiful"—I do not remember lending Stevens two shillings; you gave me a half-crown to go and get something more to drink.

Cross-examined by Stephens. I don't recollect lending you 2s.—I drank several two's of whisky—I don't recollect saying "Stevens, do you want that 2s. particularly, because I want to take something home, and shall have to go home and get money and come back again," nor did you say "I have broken into it and can only give you 1s. 6d."—we had another meeting on Monday about 12 o'clock—I received 5s. from Cox; that was the second 5s. I had received from him—you did not assist me in delivering the chests of tea to Harrison—I did not see you—I should give it to the loophole man, and he would give it to Collins, who would get the goods out and send them down. to me, and I should deliver them.

Re-examined. Stevens was present on the Monday when I received the 5s., but I think he was present at 12 o'clock, when I received another 5s. from Cox, I had received from my principal, and went there at 12 o'clock—Stevens accompanied me to the door, and pointed out where Cox was, or I should not have known where to find him—it was after that that I got the 5s.

JAMES WILLIAM GREW . I am a clerk at Holman and Co. 's, tea merchants in Mincing Lane—Cox was a sampler there—I know his writing—this list is his writing—it has never passed through the office—I am the person who writes out lists.

Cross-examined by Cox. I remember your being in Holman's employ for about three years; you bore a very good character—you did not leave for any dishonest act; you were discharged because you took so long about your work.

HENRY JAMES MOORE . I am one of the managers at Brooks' Wharf—Stephens was my foreman—it was his duty to weigh the tea when it came in, and put a number on it—Cooper was the delivery foreman—it was his duty to deliver goods and to give the carman a pass—on 7th October he made a communication to me as soon as I arrived, and I gave him instructions how to act—after I had heard that the 20 chests had gone out, I went to the gatekeeper and found the pass—I kept it, put another in its place, and produced it at the Mansion House—this (produced) is the one I put on—no warrant had been presented, and no duty paid on the goods—I had arranged with the Customs.

Cross-examined by Cox. It was not my duty to deliver goods without a warrant—I called on the Custom House officer, but he was out—I called on

him afterwards, and he said that I could say that I had his sanction—we receive a list like this from a carman like Harrison, who was not accustomed to the business—it is not necessarily stamped by the firm it represents, nor does it have any signature.

Cross-examined by Stevens. You were the only weighing forman in the China department—it may be that three or four weighing foremen have the cargo, but not generally—occasionally we have three scales—I have found fault with you when weighing the ends—each man knows the full particulars for the time being of the whole ship.

EDWARD HUDSON . I am a clerk at this wharf, and have to check the passing of warrants—I had a conversation on this morning, and I was in the delivery box when Harrison handed this warrant to Cooper—I have searched and can find no proper document of any kind—I checked the passes in the evening, and found this pass and no warrant to check it by.

WILLIAM HENRY HARRISON . I am a master carman—I have known Cox and Wigmore a few years, but did not know Stevens until I saw him in Court—I have not done business with Cox and Wigmore before—I did not see them on Saturday, 5th October, but I did on Monday morning in Talbot Court, about 11 o'clock, when Wigmore came to me and said that he wanted a load of tea taken to Stratford—I said that I was very busy and could not do it—he said "You must; we are going to open a shop and I must have them down"—I agreed to do it—he got into my van, which was there, and we went to the corner of Victoria Street and waited there—he said he wanted to see Cox or his friend, I forget which—he left me for a quarter of an hour or 20 minutes, and returned with Cox, who gave me this list of 20 half-chests of tea—they went away and said they would meet me at Travers' in Cannon Street—I went to Brooks' Wharf, spoke to Cooper, and asked him whether the goods were clear, and whether he had the warrant; that is the custom—he told me as soon as I could get under I should have the goods—that was after showing him the document—the 20 half-chests then came down from the loophole into my van, and were called over by Cooper—I drew up and gave the gatekeeper the pass—I then went to Cannon Street as I was told, and stopped opposite Travers' for three or four minutes—the police won't allow you to stop long—I saw no one, and drove to my place at Eastcheap, and stopped there about an hour and a half—I then went round to my house, where Wigmore had left word that I was wanted at Love Lane—I went there and saw him—he gave me this written address: "25, Cambridge Terrace, Stratford," and said that Cox and he were coming down by rail, and I was to take the goods there—I did so, and when I had taken four of the chests in, the police came up.

Cross-examined by Cox. I have known you a year or two—I am not mistaken—I was at Stratford an hour or an hour and a half before you came there—the four chests had then been brought out again.

RICHARD SINCLAIR . I live at Cambridge Terrace, West Ham—Cox took this place of me about 13th August, at 14s. a week, which he paid me, and I gave him these receipts, they are in my son's writing—I live close by and have seen packages going in which looked like chests of tea—I have seen Cox and Wigmore frequently in the shop together.

Cross-examined by Cox. I have seen both packages and blue bags going in—you did not deny to Sergeant Smith that you rented the place.

HENRY MCQUILLEN . I am scaleman at a warehouse in Cutler Street—I

know Wigmore and Cox—on Monday, 6th October, I saw them at Cox's house—I asked Cox about the rent—he said "I shall be down there for some tea tomorrow, and I will settle it;" knowing that Mrs. Sinclair wanted some tea, I thought he meant that—there were no fittings in the shop.

Cross-examined by Cox. There were scales and weights there—you used to do up pounds and half-pounds of tea every week—you had some connection.

ELIZABETH GANDER . I am a widow and live at Little George Street, Minories—Wigmore took a room of me in April at 14s. a week—I have seen him and Cox there, and have seen tea come in, and packages and bags. Cox in his defence contended that Cooper was so drunk that his evidence was not reliable or probable, and stated that he was not aware that any tea had been taken into his house and taken out again, until he was in the cab in custody, that he had not given authority to Harrison to take it there, and had never seen Cooper before.

Stevens in his defence stated that Cooper treated him to a glass of ale and a cigar, and lent him 2s., which he afterwards wanted returned; that on the Monday night he was going to the Bethnal Green Museum, and met Wigmore, who asked him to take a walk, and took him to a house which turned out to be Cox's, where he was taken in custody, but knew nothing about the tea, and had nothing to do with the robbery.

WIGMORE received a good character.— GUILTY .— Five Tears' each in Penal Servitude .(See p. 752).

Reference Number: t18781021-899

899. GEORGE FOWLER (59), FREDERICK HOPE (38), and THOMAS STONE (27), were indicted for a forcible entry.

MR. J. P. GRAIN conducted the Prosecution; and MR. TAMPLIN the Defence.

HOWARD WINTERBOTHAM . I am one of the firm of Waterhouse and Winterbotham, of 1, Cook's Court, and am secretary to the Cook's Court Improvement Company, including the entrance to Portugal Street—Fowler was tenant of 17, Portugal Street, up to Midsummer this year, under this agreement. (This provided that when rent was in arrear for fourteen days after the dates specified, or in case of the breach of the agreement, the landlord should reenter the premises, and the tenancy should determine.) At Midsummer there were two quarters in arrear—after giving notice, I was compelled to distrain—we reentered on 13th August through our tenant's premises—Fowler was not there—Mr. Hope, senior, was occupying the rooms on the first floor, I believe as Fowler's subtenant—Mr. Hope, senior, wrote us this letter, after which my managing clerk Mr. Baker saw him, and at his request we entered into this agreement with him, and he paid us 2l. on account—Hope is his father's clerk—on 11th October I was sent for by Mr. Baker, to 75, Portugal Street—I went there about 5.30. p.m. and saw a crowd of about 100 people and two policemen round the door, which was broken, one of the panels being out—I went upstairs—there were twenty people in the house—I asked a policeman to follow me—another door was open of one of the rooms let to Hope—it had been padlocked, but the padlock was broken off—I saw the prisoners Hope and Stone, Stone had a sledgehammer—I gave them in custody and took them to Bow Street—Hope said he would not go near the house that evening—the next day, in consequence of communications I received, I applied for a warrant, which was granted, and the prisoners were apprehended.

Cross-examined. I distrained early in July, when 40l. was due for rent; 26l. was realised and 9l. went for expenses—another distraint was put in and 3l., not 10l., were realised, and they took our things—14l. was still due from Fowler—it was Baker and Horn who reentered on 13th August—Horn was fined 1l. for an assault upon Fowler—Hope was permitted to remain as our tenant—the other tenants, including Mr. Snell, entered into fresh agreements and paid us rents—Mr. Harrison is my clerk—he has nothing to do with this matter.

WILLIAM SAMUEL BAKER . I am clerk to the last witness—on 13th August I served a notice of our reentry, on Fowler in Portugal Street, and told him the company had terminated his tenancy—I remained there that day-Fowler and Hope came and attempted to get in—Mr. Horn was standing at the front door by me—subsequently a summons was taken out by Horn—an agreement was come to in the presence of Hope the prisoner, to withdraw the summons on their taking no further steps—on 14th August, having seen this letter, I went to Mr. Hope, senior, and conversed with him about it (The letter expressed mortification of the writer, Mr.; Hope, senior, in finding himself at 70 years of age brought into a predicament by Mr. Fowler having misled his son, who had never seen Fowler's special agreement with the company, and undertaking to withdraw the summons)—the next morning I took him Fowler's agreement, and produced to him duplicate notice in his son's presence—he expressed regret, said, he would withdraw the summons, and the next day he agreed to make terms, and we sent round immediately the terms on which he could take the place, and they were embodied in an agreement, which is put in—on 11th October I received instructions from my principal, as Hope's rent was in arrear, to retake possession, and I walked in about 5.30.—I caused the street door to he bolted—I looked out of the window in Portugal Street, and saw Hope coming up with Fowler—Hope called to me to open the front door—I said, "Certainly not"—he said, "I will take the law into my own hands"—I said, "Do not be so foolish"—I next saw a man with a sledgehammer—he knocked at the front door about ten blows on the upper part, and then about thirty blows on the lower part, and forced in the panel—more than fifty persons flocked there—they unbolted the door and the three prisoners ran upstairs and broke the padlock off the door of the back office, and broke it open and got in—I sent for Mr. Winterbotham when I heard the panel go in—I had instructions to go in—I found that Fowler had been coming there—I acted upon my instructions.

HENRY HORN . On 11th October I was standing in Portugal Street, when I saw Hope and Fowler come up outside with Stone, who had a sledge hammer—Hope said, "Will you open that door?"—I said, "No, I cannot; it is bolted up; I have possession of the house, and I cannot open it"—he said, "I shall break it in; here is a man with a sledgehammer to do it"—I said, "Don't you do so; let me beg of you not to break it in; another thing, I have got four men, and some serious mischief might arise"—he said, "I do not care; I will break the door in"—Stone then went and struck the door with a hammer and made a large impression, and he broke off the top hinges; a mob came round; some man caught hold of the hammer, and between them they broke open the door and broke off the locks, and there was dreadful confusion.

Witnesses for the Defence. BENJAMIN HOPE. I am a solicitor, and have hitherto carried on business at 17, Portugal Street—my son was tenant of two rooms, and I agreed to take three rooms if I was not disturbed—I paid 2l.; another 1l. was retained for repairs—Baker did not ask for the rent—he asked for the 1l—I said, "You were to do something to the door and whitewash the place"—they wrote to repudiate my agreement—I said. "I am tenant of Mr. Fowler, and I am not liable to you for rent"—that was before Mr. Vaughan's decision on the summons—on 11th October I went to attend to my business—when I came back I found the door shut; they had taken possession of my rooms; my private desk was open; my daughter was left in the house when I went away—a crowd collected when they commenced to hammer.

Cross-examined. I went to Mr. Winterbotham about this matter—I did not admit I was wrong—I asked to see the agreement between the company and Fowler—I saw the provision for reentry—I did not express my regret and say they were right—these two letters are my writing—I then signed an agreement—I do not know that it was in consideration of my age that the rooms were to be let to me—the rent was in arrear—I was in the crowd when they had possession, but not when Baker went in—they forced my door—I was at the back of the crowd and heard Baker speak to my son.

MARY HOPE . I am the daughter of Benjamin Hope—I lived at his rooms, 17, Portugal Street, when I came home from Dalston—I was there on the 11th October—my father was out—he left his clerk, Mr. Way land, there—I was in the middle room of three rooms when Mr. Harrison, I think his name is, came through the window—I had bolted both doors because it was my brother's office—the other office was locked—I heard a chisel ordered from a tenant upstairs, and they took the lock off—being a lawyer's daughter I stayed in possession of the papers—Mr. Winterbotham told me I must be locked in with a padlock if I did not go out, and I went out; it was my room too—I was not able to go back.

Cross-examined. This occurred about 5 o'clock—Baker was there all day—I saw him—I locked myself in because I felt that I was in possession of papers as the clerk was gone, and I did not like to be with Baker's men—Mr. Winterbotham suggested that I should go up to the fire—I did not give the key to Mr. Winterbotham—I have it now in my workbox—one key does not unlock all the doors—I am sure I did not give any key to Mr. Winterbotham—I never gave the keys up I am certain.

NOT GUILTY .

Reference Number: t18781021-900

900. JAMES HUMPHRIES (43) , Unlawfully publishing a libel in a letter addressed to Frederick Augustus Foster.

MR. TAMPLIN conducted the Prosecution; and MR. MONTAGU WILLIAMS.

the fence.

FREDERICK AUGUSTUS FOSTER . I was a captain in the Army, but am now retired on the honorary rank of Major—I reside at Silverdale, Sydenham—I. know Humphries—this is his handwriting—I received this letter. (Read: "178, Haverstock Hill, N. W., August 17, 1878. To F. A. Foster, Esq., Birch Tor, Silverdale, Kent I hereby give you notice that I intend to apply to the presiding Magistrate of either the district of Sydenham, Cowden, Kent, or Middlesex police-court, for a summons against you for obtaining from myself and my son money under false and fraudulent pretences. James Humphries.") I have not obtained money from him or his son by false or fraudulent pretences—a summons was taken out.

Cross-examined. That letter was addressed to me—it was opened by me—I had money dealings with the prisoner, and owe him 150l.—it was borrowed on my house at Sydenham.

NOT GUILTY .

Reference Number: t18781021-902

902. ALEXANDER McLEAN (38) and JAMES O'BRIEN (25) , Unlawfully obtaining by false pretences from Rowland Ladelle various gums amounting to 15l. 18s., with intent to defraud.

MR. BAGGALLAY conducted the Prosecution. GERARD LADELLE. I am clerk to my brother in Upper Thames Street—he brings out blotting-pads for advertisements—I know the prisoners as advertisement canvassers—on 31ST August O'Brien brought me this advertisement from Messrs. Holloway—I looked at it and said, "This is not properly signed," but as we were going to press I told him he must bring me an order properly signed in the afternoon, which he did—this is the second order he Drought—he told, me it was a proper order from Messrs. Holloway, and I believed it and paid him 1l. 12s. 6d. commission.

ROWLAND LADELLE . I publish a penny blotting-pad advertiser—I have known the prisoners three or four months—O'Brien brought me Holloway a advertisement on 31ST August—I authorised my brother to pay him 1l.12s. 6d.—I suspected its genuineness, and communicated with Messrs. Holloway, and subsequently saw McLean and O'Brien on the subject—I asked O'Brien if he had received the order from McLean; he said he had; I asked McLean if that was so; he said "Yes"—I asked McLean if he had received part of the money—he said he had, which my brother confirmed—O'Brien said a Mr. McClure was there, who had given the order to McLean—I sent him to look for McClure, who never turned up—I asked the prisoners who signed the orders at Holloway's—both said "Davis"—I asked why the order was signed "Duncan"—they said they had made a mistake, it was Duncan—I paid O'Brien a cheque for Lamplough's advertisement for 6l. 10s., and 5l. 9s. 6d. for Wright's, and 2l. 6s. for Jones's—he reported them to be bond-fide advertisements—I produce the orders.

Cross-examined by McLean. You both came several times about it—I remember your saying McClure was at Greenwich, but I do not remember asking you to wait till I had seen my solicitor—the whole thing was rotten, and after inquiry I paid less than I otherwise should have done.

Cross-examined by O'Brien. I do not remember your stating that you were going to start an agency—I was not aware you were employed in obtaining advertisements prior to your bringing Jones's advertisement.

THOMAS HEATH (City Policeman 40). McLean was given into my custody on September 19th—he said at the station he could meet the charge, and on the way that he was very glad he had come to me.

WILLIAM EDWARDS (Policeman N 141). I took O'Brien into custody—Mr. Ladelle said he was wanted on a warrant for obtaining money from the City—he said he was aware he was wanted, and might have got away.

WILLIAM FLUISTER (City Detective). On 21ST September I had a warrant for O'Brien's arrest—I found him on the 30th in custody—I read the warrant to him, and asked him if he was the man stated in the warrant—he said "Yes"—he said McLean had two-thirds of the money, and he had the other.

EDWARD DAVIS . I am employed by Messrs. Holloway, who make pills—I give orders for advertisements, no one else does it—these are not my orders—I do not know a Mr. Duncan or the pisoners.

THOMAS JONES . I am an assistant to Mr. Jones, dentist, of Great Russell Street—this is not a proper order, and is not Mr. Jones's writing—I do not know the prisoners.

WILLIAM WRIGHT . I am the proprietor of a patent soap—this is not a properly signed order from our firm—I never gave authority for it—I do not know the prisoners.

O'Brim's Defence. I mployed McLean and other canvassers, and believing the advertisements to be genuine, I passed them on to Ladelle, so that he could make inquiries.

McLean's Defence. The advertisements were handed to me, and I had no reason to suspect they were false, and took my commission.

NOT GUILTY .

OLD COURT.—Monday and Tuesday, October 28th and 29th, 1878.

Before Mr. Recorder.

Reference Number: t18781021-903

903. JOHN DAVIS (31) and GEORGE CONNODY (29) , Feloniously forging and uttering an order for the payment of 7l. with intent to defraud. CONNODY PLEADED GUILTY .

MESSRS. POLAND and BAGGALLAY conducted the Prosecution. EVAN JOHN DAVIES. I am an oil and colourman in partnership with my father at 103, London Road, Southwark—on Wednesday, 11th September, Connody came and ordered a hundred weight of Scotch glue and a hundredweight of town glue, amounting to 6l. 5s., for Mr. Linfield, a builder in Market Street, Borough, who is a customer—he said it was to be sent to Mr. Linfield's by 2 o'clock—the terms were cash on delivery—I sent the goods by Pearson, and on his return he produced this cheque—I gave it immediately to the manager of the London and County Bank, and I afterwards went to to the Birkbeck Bank—next day I went to the Old Street police-station, and there identified the two quantities of glue I had sent.

FREDERICK PEARSON . I am in Mr. Davies's service—on 11th September I took the glue to Mr. Linfield's in Market Street, Borough Road—before I got there I saw the prisoner Davis in Market Street—he asked me whether I came from Mr. Davies, and whether I was going to Mr. Linfield's—I said "Yes"—he said I was to go to a place in Southwark Bridge Road—I did so, and Connody came up with a barrow—Davis told me to put the glue on the barrow—I did so—he then gave me this cheque for 7l.—the price of the glue was 6l. 5s.—he gave me another order for some white lead and turpentine—I went back to my master and gave him the cheque—I then took it to the Birkbeck Bank, and they marked it and returned it to me.

THOMAS LINFIELD . I am a builder, of 32, Market Street, Borough Road—I know Mr. Davies, and have business transactions with him—I do not know either of the prisoner—I gave no order for glue on 11th September nor was any delivered to me—this cheque is not mine, or authorised by me—I never had an account at the Birkbeck Bank; I always bank at the London and County.

WILLIAM BROWN . I am porter in the service of Mr. Stevens, ironmonger 20, Bethnal Green Road—on 10th September I was directed to take some glue to J. J. Miller, at the New Inn, New Inn Yard, Shoreditch—before I got there I saw Davis—he asked me if I wasgoing to J. J. Miller—I sail I was—he introduced himself as Mr. J. J. Miller, and said his premise

were opposite, that his men had gone away and locked up, and he could not take the goods in—I was going to return with them, and he told me to star and in the meantime Connody came up with a barrow—Davis asked if I had a stamped receipt—I got one, and he gave me this cheque in payment, for 7l., on the Birkbeck Bank—I helped put the glue in the barrow—I took the cheque to my master; I thought it was genuine—I was only to part with the goods for cash.

HARRY REEDER . I am in the service of Mr. W. Faithful, of Blackmail Street, Borough—on the 30th July I was sent with some glue to Mr. Carter of Price's Street—I met Davis in the street—he asked if I had brought any goods for Mr. Carter—I said yes—he told me to bring them a little farther down the street to a warehouse—I did so, and he took them off my hand, and gave them to another man, who I believe to be Connody—Davis then gave me this cheque on the Birkbeck Bank—I presented it there, and it was not paid.

CHARLES REYNOLDS JOHNSON . I am a clerk in the Birkbeck Bank—these three cheques are forgeries.

Davis's Defence. I can't see that there is any case of forgery; the surname may be the same, but not the initials.

GUILTY .

Reference Number: t18781021-904

904. JOHN DAVIS and GEORGE CONNODY were again indicted, with SAMUEL HOLLIS (32) , for unlawfully obtaining glue and other goods from William Brooke and others by false pretences; also for receiving the Mr. CONNODY PLEADED GUILTY .

MESSRS. POLAND and BAGGALLAY conducted the Prosecution; and MR. PURCELL defended Hollis. EDMUND FORDHAM. I am a partner in the firm of Fordham and Sons, of 43, Curtain Road, Shoreditch—on 3rd June Davis came and ordered to bags of glue, value 14l. 12s., to be sent to Laburnum Street, Kingsland—the terms were cash on delivery—I sent one bag by Brooks, the porter, who brought back this cheque—I sent it to the bank, and it was returned (This was on the London and County Bank, signed "John Davis")—I have since seen and identified the glue at Old Street station,

WILLIAM BROOKS . I am porter to Mr. Fordham—on '3rd June I took a bag of glue to Laburnum Street—I there saw Connody—I told him that Mr. Fordham had only one bag in stock, and he would send the rest next morning—he gave me this cheque—I took it to Mr. Fordham and left the glue.

CHARLES HUNT . I am a clerk in the London and County Bank—this cheque is on one of our forms—on 3rd June no Mr. Davis had any account there—this cheque has been taken from a book issued to a man whose account was closed nine years ago—I do not know either of the prisoners; neither of them have an account with us.

RICHARD FINLAISON . I am in the service of Mr. John Littlejohn, oilman, of 27, Hampstead Road—on 13th June, Connody gave me an order for a bag of glue, value 3l. 10s.—he gave the name of G. W. Brown—he said the goods were to be sent to Bayham Street, Camden Town, terms cash on delivery—I sent them by Fuller, our porter, who brought back this cheque on the Birkbeck Bank—I took it there, it was not paid—I afterwards identified the glue at the Old Street Police Station.

GEORGE FULLER . I am porter to Mr. Littlejohn—on 13th June I took some glue to Bayham Street—I there saw Connody—he told me to leave it

at 21, at the corner of the gateway—he went with me—I left it, and he gave me this cheque, which I took to my employer.

JOHN FORDHAM . I am in the service of W. B. Fordham and Sons, glue merchants, York Road, King's Cross—on 19th June I received an order for two bags of glue, value six guineas, from a person—I do not recognise who gave the name of Simmonds—the terms were cash on delivery—they were to be sent to 27 1/2 Hermes Street, Pentonville—I sent them by Tye, our carman—he brought this cheque, signed Simmonds, for 6l. 5s., on the Birkbeck Bank, and 1s. to make up the six guineas—it was not paid—I have since identified the glue at the Old Street station.

WILLIAM TYE . I am carman to Messrs. Fordham—I delivered the glue it 27 1/2, Hermes Street—Connody gave me this cheque and 1s,

JOHN KEMPTON . I live at 27 1/2, Hermes Street—I know Connody by the name of George Simmonds—on 19th June he came to hire my workshop and borrowed a barrow to bring in some odd things—a boy afterwards brought it back with a note to say that Mr. Simmonds would see me in the morning—I did not see him again.

GEORGE THOMAS BRYAN . I am in the service of Messrs. Walton, Hassell, and Port, oilmen, 165, City Road—on 29th June I received an order for a cwt. of town glue and half a cwt. of Scotch, value 3l. 17s., from a person giving the name of George Brown, 17, Tonbridge Street, King's Cross—I cannot identify the person; the terms were cash on delivery—I sent the glue by Andrews, who brought back this cheque; it was returned from the bank unpaid—I have since identified the Scotch glue at Old Street station.

FREDERICK ANDREWS . I am porter-to Messrs. Walton, Hassell, and Co.—I took the glue and met Connody on Pentonville Hill—he asked if I had brought the glue from Hassell and Co.—I said "Yes"—he went with me to a public-house and fetched out Davis, and told him I had brought the glue—he complained of my being late and said he had a good mind not to have it, but he afterwards repented and took it—it was moved from my barrow to theirs, and Davis gave me this cheque which I took back to my master.

EDWARD JONES . I am a drysalter, of Abbey Street, Bermondsey Square—on 16th July I received an order for two bags of glue, value 7l. 1S, from, I believe, Davis—he gave the name of Brown, 1, Chapel Place, Long Lane—I sent it by Farrier, who brought back this cheque for 7l. 1s—it was not paid—I have since identified the glue at Old Street police-station.

JOSEPH FARRIER . I am carman to Mr. Jones—on 16th July I took two bags of glue to Chapel Place—I met Davis there, standing outside the gate; he stopped me and asked if the goods were for Brown and told me to put them down at the gate—he asked how much they were—I gave him a receipted bill; he took me over to a public-house and gave me a further order, and a drink too—he then gave me this cheque; I took it to my master—I went next day with the further goods Davis had ordered and could not find him.

WILLIAM NUGENT . I am in the service of Henry Snug, ironmonger, 331, Old Street—on 23rd July Connody came and ordered a bag of glue, at 3l. 0s. 6d., giving the name of Morrison and Austin, Worship Street; we have had dealings with that firm for some years—I instructed the porter to take the glue; he came back with this cheque signed E. Morrison—it was

tendered at the bank and returned—I then went to Morrison's and made inquiry—I have since identified the glue at the Old Street station.

HENRY MINTON . I am porter to Mr. Snug—I took the glue in the City Road; I met Davis, he asked if I had brought a bag of glue from Mr. Snug—Connody came up with a barrow, the glue was put on it, and Davis gave me this cheque; he told me to take it to Clark and Hunt's, ironmongers, in Shoreditch, and get it cashed—they refused it and I took it to my master.

ALFRED ELLIOTT . I am foreman to Messrs. Morrison and Austin—no such order was given by our firm, nor was any such glue delivered. (The prosecution proposed to prove several other similar cases, but the Jury intimated that it was unnecessary.)

STEPHEN MARONY (Detective Sergeant). In consequence of numerous complaints I kept observation on Hollis's house, in Old Street, St. Luke's—on the afternoon of 11th September I saw Connody come there with a costermonger's barrow and two bags full of something—he took them into Hollis's shop and left them there—he then went into the Griffin public-house close by, in Leonard Street, Shoreditch, where he was joined by Davis, and afterwards by Hollis—they remained together about 20 minutes—Connody and Davis then came out together, leaving Hollis behind—I followed them, and eventually stopped them in Moorgate Street—Connody was wheeling a barrow—I told them I should take them into custody for obtaining goods by fraud—Davis said "You have made a mistake"—Connody said he had only been moving the goods for Davis—I took them to the station, and about a quarter of an hour afterwards I went to Hollis's premises with Sergeants Miller and Fielder—I saw Hollis in the front shop, a workshop; he is a carpenter's bench maker—he was at work, and I think two, men besides—it was about 7 o'clock—Miller told him we belonged to the police, and asked him if he had got any glue, or bought any glue—after a little hesitation he said yes, he had, and he pointed to two bags which were on the shop floor covered with some wood—I told him we wanted a good deal more than that, had he got any more, as we should search his premises—I asked if he had any receipts for the glue, and he took this one out of his pocket and gave it me—his wife took these five other receipts off the file—I asked if he had any more—he said he had not—he and Miller then went upstairs and I followed—I asked if he knew the person from whom he bought the glue—he said "No"—I said "Do you know his name?"—he said "No, the man called on me one day, and I think he left me a card"—I asked if he knew where he was living—he said "No; if I could find the card I could tell you"—he asked what the bother was about—I said "This glue has been obtained by fraud, and you will be charged with receiving it with a guilty knowledge"—he became very much excited, and said "Well, well, it is a bad job"—I then took him to the Old Street Police-station—upstairs I saw a quantity more glue, 14 bags altogether, which I assisted in taking to the station, 13 1/2 cwt. in the whole—there was no other glue in the place—the whole of it has since been identified by the witnesses, and I have seen cheques relating to it all—a cramp was also found upstairs at Hollis's of the value of about 25s. that has been identified—I had been watching the premises for about four months—I believe I saw Davis in the shop one night, but I am not certain.

Cross-examined by MR. PURCELL. The receipt which Hollis took out of his pocket relates to the two bags of glue that were on the floor of the shop which I had see delivered that afternoon; they were not far from the door; I did not see them till they were uncovered, his coat was on them—about two and a half bags of glue were on the first landing and the remainder on the top floor—I believe he has lived in that street 18 months—when I told him we wanted some more glue he said there was some upstairs—he took Miller upstairs—I did not hear what took place with Killer—a two-shilling piece was found on Connody.

Cross-examined by Davie. Sergeant Fielder searched you and found 16s.8d.—I did not see a third person join you after you left the public-house; I never lost sight of you from the time you left the public-house—you could not have met a third person and given him money without my knowing it.

WILLIAM MILLER (Police Sergeant G). I went with Marony and Fielder to Hollis's shop—I told him we belonged to the police, and had come about some glue—Marony pointed out two bags of glue in the shop by the lefthand side of the staircase, partly covered with some wood, some benches—we asked if he had a receipt, and he took one from his pocket and gave to Marony—he was asked if he had any more—he said no, and his wife took some more off the file, which Marony took—I asked if he had any more glue; he said "Yes"—I said "Where, because we are going to search your place?"—he said "There is some more there"—on the righthand side there were two and a half bags more totally covered over with some wood—I said there was more, and he had better show us where it was, to save trouble—he said "I have got some more; it is upstairs"—I went upstairs with him—on the first floor we found nothing; they were living and sleeping rooms—there was a narrow staircase leading up to the top floor, where was a warehouse full of wood; he lighted the gas; there was the appearance of there having been a fire in the stove, and there was a small glue pot and a bench—I saw an empty glue bag on the top' of some timber—I said "I suppose the glue is here?"—he said "Yes, it is"—there were about 20 heavy planks of wood, under which the glue was; I had to move all that wood before I came to it; it was completely covered; I passed the place twice without seeing it—I said "You are sure this is all?"—he said "Yes, you have got it all now"—I asked if he had anything else of the same people—he said "No"—he said he had all this from the same people—Marony remarked that the receipts were in different names—he said when he bought the glue he had not taken notice of the names on the receipts—he was told he would be taken to the station and charged—I afterwards went again to Hollis's with Connody, and found a cramp—I told Hollis of that at the station, and he said "I forgot all about that; I bought it of the same man."

Cross-examined by MR. PURCELL. The upstairs was more of a warehouse than anything else—there was no glue stored there, there was a bench, some tools, and a gluepot.

GODFREY FIELDER (Police Sergeant G 8). I went with the other officers—I remained outside—I heard Hollis say he had bought the glue from the same man, 14 bags.

WILLIAM COOK . I live at 33, Lant Street, Borough, I have lived there Some years, it is a private dwelling-house—I do not know either of the prisoners, or any one named Cates there for the last six years—I know.

Skates, the foreman mat-maker at the Blind School in St. George's Road—this receipt is not his writing (Some of the receipts were in the name of Cates of Lant Street).

Davis's Defence. it has been hinted that no money passed between me and Hollis. Where is the witness to prove that? Whenever I went to his shop with the glue I always found him and gave him the receipt and he gave me the money; on no occasion has he failed in giving me the amount' in fact, I took over and above the amount on the receipts. Mr. Hollis, being no scholar, did not deduct the 5. per cent I always had the money for every ounce of glue that was taken, even to the last We went into two other public-houses and joined friends, and I met a third man and gave him 5l., and that accounts for no more than 16s. or 17s. being found on me.

STEPHEN MARONY (Re-examined). I did not stop them when they came out of the first public-house—they, went inside two other public-houses—I did not go in, but I watched them and never lost sight of them.

Witness for Hollis.

SAMUEL BURTON . My father is a wholesale ironmonger and general manufacturer, in St. John Street, Clerkenwell—I have known Hollis two years, and haw done a large business with him, he has always borne an honest character.

Cross-examined. Two or three months ago he offered to get me 10 cwt of glue, he did not mention the price or where he was to get it, he said he had some Scotch glue by him, and as. we did business with him we had no objection to do a contra job; he does a large business, he has five or six workmen—I have never bought glue of him.

Two other witnesses deposed to Hollis's good character. GUILTY .

Connody was further charged with having been before convicted at this Court in September1872, to which he pleaded NOT GUILTY.

penalservitude—Ihadchargeofthecase,hewasremandedfourtimes,andthentriedherebeforeyourlordship;Iwaspresentandwillswearheisthesameperson.penal servitude—I had charge of the case, he was remanded four times

Prisoner. I was never in prison in my life before this. Witness. There are about four warders in the gaol who could identify him, I picked him out from 15 or 20 others, his photograph would be taken, it is not her a The JURY found him NOT GUILTY of the previous conviction. CONNODY— Seven Years' Penal Servitude . DAVIS**— Ten Years Penal Servitude . HOLLIS— Five Years'Penal Servitude .

Reference Number: t18781021-905

905. JAMES HASTINGS (35) and ANN HASTINGS alias MARKS (27) , Burglariously breaking and entering the dwelling-house of Edward Andrew Williams, and stealing a silver watch and other goods, and LUCY WAGEE (61) , feloniously receiving the same, and being accessory after the fact.

MESSRS. POLAND and BAGGALLAY conducted the Prosecution; MR. PURCELL; defended Wager.

EDWARD ANDREW WILLIAMS . I live at 10, Whetstone Road, Notting Hill, and am foreman to a house decorator—on Tuesday night, 3rd September,

I closed up my house at quarter past 10—my wife and five children live with me, the eldest is 13—I have no servant, I closed the front door, it closes with a common latch, it can only be opened from the outside with a key—I went downstairs about 4.15. a.m.—I found the front door about three parts open, and the parlour door also—I returned and spoke to my wife and then went out—I came home to dinner, and about 8 p.m. a detective came and I then missed a silver watch that had been hanging on a nail over the mantelpiece in the parlour, a table-cover, glass shade, and other articles; I have since seen and identified some of them—the value of the whole was about 7l.—they were all taken from the parlour.

Ann Hastings. The box is mine, I bought it on Brighton pier for 1s. 6d. Witness. It was given to my eldest daughter by her aunt five years ago.

ELIZABETH WILLIAMS . I am the prosecutor's wife—I got up at a quarter to 6 on the morning of the 4th September, and missed these things—they are mine—I am quite sure about the box—a number of things have not been found.

WILLIAM CRANE (Detective Sergeant X). In consequence of information of this burglary, I made inquiries at pawnbrokers and general dealers and others, and amongst them of Mrs. Wager on 5th September—I asked her if she had bought any children's clothing; that several robberies had been committed about the neighbourhood, and I was endeavouring to trace them—she said no, she had bought nothing—I asked if she had bought a tablecover or children's clothing—she denied both, and said they were just the very things she wanted; that she had a sale for such articles—7 called again on 19th September, and said I had called again respecting these articles; that I had reason to believe they were sold to some wardrobe dealers—she said she was sure she had not bought anything, and I left the house—after I had got about 300 yards the servant girl ran after me, and said her mistress wanted to see me—J went back, and Wager handed me this pawnticket, and said she had bought it of a woman—I asked who the woman was—she said her name was Hastings—I said "Where does Mrs. Hastings live?"—she said "No. 11, Raymead Road "—the ticket refers to a sealskin jacket and a top coat, the proceeds of another burglary—she also handed me this letter relating to children's clothes, a tablecover, and watch; it is signed "Mrs. Hastings"—she said Mrs. Hastings had sent that letter hay little girl, and she wanted a shilling for the ticket—I found the tablecover and the child's frock at Wager's—I found 67 pawntickets at her place, some of them relate to the proceeds of other burglaries; things that I had inquired after, which she denied having—I said so to her—that was on 4th October, the day I arrested her—I called on her five times, and made inquiries.

Cross-examined. Mrs. Wager was at first called as a witness at the police-court; she was in attendance twice, and was recalled—she keeps a wardrobe shop—the only articles I found there were the tablecover and the child's dress—she brought out the tablecover from the window—I could not see it from the street—on one occasion I spoke to her about a pair of gloves—she said she did not recollect anything about them; her daughter said "Yes, mother, you did buy a pair of gloves"—I asked$ who the woman was she bought them of—she said "I have known her a long time, and We had dealings with her; she is a very respectable woman, her name 18 Mrs. Hastings, and she lives at 11, Ray mead Street, Ladbroke Grove

Road—the name of Hastings does not occur on all the pawntickets; it does on most—there are some in the name of Williams, White, Wager and so on; some of them no doubt relate to her own property—she told me that she had bought the tickets from Mrs. Hastings, understanding that she kept a wardrobe shop, and being unfortunate, had pledged her stock in trade—Charles Wage her son was also called as a witness, and gave an explanation with regard to the watch; the daughter was also called—Wager has kept a shop there for some time.

Re-examined. I called at Hastings's house, 11, Raymead Street, on the 20th—I saw Mrs. Hastings, and asked if she had been buying or selling anything about the neighbourhood—she said "No, I have not bought or sold anything"—I found 27 pawntickets at her house, two relating to the proceeds of a burglary at 49, Swinburne Road; I found nothing relating to this burglary on that visit—I called next evening about 8.30, and arrested James Hastings—they both lived there—I told him I should take him into custody for being concerned with Ann Hastings in committing several burglaries about that district—he said "I know nothing at all about it; 1 will go quiet"—I made a search then, and found this figure and shade; also this box, containing two antique 'copper coins, a small metal thimble, also this bunch of keys, and this key I find fits all the doors where burglaries have been committed—it fitted the door of Mr. Williams's house—I also found this rent-book, proving that they had been living there 15 months—I heard Mrs. Wager say before the magistrate that she had bought the tickets of the frock, the watch, and the table-cover of Mrs. Hastings—she did not mention the dates—Hastings is the man's assumed name—the female has lived with him about nine years; she goes by the names of Brown, Williams, and Annetta Marks.

Cross-examined by Ann Hastings. In going to the station, I said to you "There is somebody else concerned with you in this; you did not do it all yourself"—and you said "Well, I will stand to it all myself"—I did not say I must find the other person, nor did you say "You can't; she is gone away"—I did not say "lie fact is, you have had two men in it, and you are trying to screen tie men"—nothing of the kind.

By the. JURY. This key fits the door of her house as well as others—it is an ordinary latchkey, and the houses in the neighbourhood are nearly all of one class.

WILLIAM HENRY HANNAFORD . I am a pawnbroker of 97, Princes Street, Edgware Road—on 4th September a watch was pledged with me by a woman I do not know—this is the ticket which relates to it—the watch was redeemed on the next day—I do not know who redeemed it.

CHARLES WAGER . I am a plumber, of 131, Southam Street, Westbourne Park—Mrs. Wager is my mother—a watch was shown to me at Hammersmith—my mother gave me the ticket referring to it—I do not remember the dar she gave it to me—I took the ticket to Mr. Hannaford's two or three days afterwards and redeemed the watch—it was in the shop the same day, and my mother bought it of Ann Hastings—I had it repaired by a man named Warren.

Cross-examined by MR. PURCELL My mother said she had bought the watch—she asked me if I would have it—I said I would if it was of any use—she gave Mr. s, Hastings two china plates in payment for the ticket—that was at the rate of 8d.—the balance was to be sent round by a girl—I think the shop

had been in existence three or four years—I nave heard that Mr. s, Hastings kept a wardrobe shop, but I did not know much about it.

ELIZABETH SILK . I am the wife of William Silk, a labourer, and occupy 11, Raymead Street, dotting Hill Gate—in June, 1877, 1 let my front room to Mr. and Mrs. Hastings at 4s. a week—they paid me 2s, deposit—Mr. Hastings has been there ever since—he was a labourer, and was away during the day—the woman was away for six months until 2nd March, 1878—she was away for a month after that—James Hastings paid the rent when she was away—she was not frequently out—I remember two occasions when she was rather late, but not the dates—I occupied four rooms—they occupied one—I had one other lodger, who had been with me two years.

Cross-examined by James Hastings. You were an honest man, and wet to your work.

Wagers Deposition before the Magistrate was read: "I live at 94, Colborne Road, Notting Hill Gate. I am a wardrobe woman. I know the prisoners very well. The table-cover was bought of the prisoners a day or two previously."

Cross-examined, she said, "I did not buy the things, but only the pawntickets."

The Prisoners' Statements before the Magistrate were read. Ann Hastings said that she did not sell the things, that James Hastings was perfectly innocent, and was at work and knew nothing about it. James Hastings that he was innocent, and was at work in Hyde Park as a labourer, and knew nothing about it. Wager that she believed every word of Mrs. Hastings when she told her she had kept a wardrobe shop and failed, and asked her to buy the duplicates, which she did without hesitation, as they were in the name of Hastings, except the watch, which Mrs. Hastings said belonged to a. young person to whom she sold things, that she never denied having them, nor refused to give information.

James Hastings' Defence. I am quite innocent of pawning that property, and I never put a hand during my life to do anything wrong. I never took a pin. He received a good character.

Ann Hastings put in a written defence to the effect that she was innocent; that she used to attend salerooms, where she met Wager, which was the cause of Jier trouble, but site always believed her to be an honest woman; that she took the ticket of the watch and tried to persuade Mrs. Wager to buy it, but sold it to her son; that she concealed where she got the things from James Hastings, as he did not like her to keep bad company; that he was innocent, and worked in Hyde Park; that although she had been in prison before, she did not steal the things, or know they were stolen when she sold them, Wager received a good character.

JAMES HASTINGS and WAGER— NOT GUILTY .ANN ASTINGS.— GUILTY of receiving; she also PLEADED GUILTY to a previous conviction at the Westminster Sessions on 2nd September, 1877.**— Eighteen Months' Imprisonment .

Reference Number: t18781021-907

907. SIR WILLIAM HENRY WRAXALL, BART . (46) and GEORGE ROSKELL CROWLEY (30) , Unlawfully obtaining from Thomas Morrell a post-office order for one guinea by false pretences. Other Counts for obtaining post-office orders from other persons by false pretences, and for conspiracy to defraud.

MESSRS. STRAIGHT and BAGGALLAY conducted the Prosecution; MR. PURCELL appeared for Wraxall, and MR. J. P. GRAIN for Crowley. JOHN BROPHY. I am the landlord of Duchy Chambers, 137A, Strand—in June last both the defendants applied to me for an office which I had to let—it is a sort of a tossup which came first; I think Wraxall came fast; they used to come a minute or two after one another, they came a great many times—they both agreed to take the office, at a rental of 10s. a week, a moiety to be paid by each of them fortnightly—Wraxall said that was most convenient to him, as he settled on the Stock Exchange fortnightly—he said he was a member of the Stock Exchange, which I knew was a respectable calling—I demanded a good reference, and he gave me the Merchants' Joint Stock Bank, Great Russell Street, Bloomsbury; that was after a number of interviews—he told me that he had the placing of the whole of the shares of that bank on the Stock Exchange—Crowley said he was agent for the South African Company; he said very little in the matter, Wraxall did all the talking—he said distinctly that he did not know anything about Crowley; he told me that half a dozen times, but I think he did know all about him—on 4th July they signed the agreement and came into occupation legally on the following Monday—I never got paid a penny—Wraxall gave me the name of Harry Horatio Wraxall, but in all the papers in was Henry William; he did not say he was a baronet, if he had I would not have taken him, I should have made further inquiries about him—I saw both defendants frequently at the office after 4th July; they both sat at the table and appeared to be very busy there; an immense number of letters were received there, the table was always crowded with letters—at Wraxalls direction I had painted on the door "Wraxall and Co.," and then "South African Trading Company," and underneath G. R Crowley, manager rat—on one occasion when I went for my rent I caught them both looking at the names on the door, and they both approved of it—Wraxall said "Sir Harry Wraxall is the head of my firm"—I did not even ask him for the rent upon that, as he was such a very important person—I went and made inquiry at the Merchants' Bank; I saw Mr. Lake, the manager, and I saw the defendants there, standing at the private door—in consequence of what Mr. Lake told me I was perfectly satisfied—on a Friday before Wraxall was taken into custody he absented himself from the office; the police could not catch him, and I said I would, so I wrote a letter to the bank stating that I had three registered letters addressed to Wraxall, and I did not know his address, and on the Saturday afternoon, the 24th, Wraxall rushed into the office and the policeman put his hand upon him and took him off—I saw him at the Bow Street station about half an hour afterwards—I asked him about the rent, and he said "If you give me those three registered letters with the money in, I will break them open and pay you the rent out of the money"—I asked him if he had authority to break them open—he said "Yes, I have"—those three letters only existed in imagination, it was done to catch the fellow.

Cross-examined by MR. PURCELL. My deposition does not contain what I said about breaking open the letters; it is only an epitome of my evidence; I signed it—I think Wraxall first came alone about the rooms—he did not then mention the bank as a reference; I did not ask for a reference till I had engaged to take him; he and Crowley did not always come together, perhaps one would be a minute or two before the other, and that there was a shaking hands, as if they had never seen each other before—I went to the

bank; there was not any business then about some leases of mine; I wanted a little money; I told them it would be very useful to me, and they offered to give it me, very gentlemanly; they did not find out that I had had some from the Birkbeck Bank—I never had any from the Birkbeck Bank on those leases—I told the defendants distinctly that I would not have two tenants; I would only take Wraxall—he asked if I would allow Crowley to have a chair and table in the room, and I said "Yes"—I did not propose that to him.

THOMAS GEORGE WESTON . I am a printer, of 12, York Street, Covent Garden—I know Crowley—on 27th June he came and ordered some printing; some note-heads and forms of application headed "The South African General Stores and Trading Company"—he brought some drafts with him—these (produced) are copies of what I printed for him; I printed 250 of one and 500 of the other; they were supplied to him; he paid a part—he told me that Sir James Graham was general manager of the stores, and he was his agent in London—these (produced) are the original manuscripts that he brought for me to print from; they are in his writing. (These were headed as above, and stated they the company's chief office was at Gape Town, Sir James Graham being general manager, and that the company required managers and assistants in various departments, to whom a fine passage would be given and liberal salaries.)

THOMAS MORRELL . I live at 68, Petergate, York—I am a commission traveller—about 23rd or 24th June, seeing this advertisement in the Manchester Examiner, I wrote a letter enclosing testimonials and asking for particulars—I received this reply, enclosing a form of application, which I filled up and posted—I then got this postcard: "Duchy Chambers.—Sir,—Please call at the Albion Hotel, Leeds, on Wednesday next, and ask for the general manager, when an interview can be had." In consequence of that I went to the hotel on the day named, and there saw Crowley—I told him I expected to see Sir James Graham—he said Sir James Graham was engaged in Birmingham purchasing goods, and. he was sent in his place—on 10th August I received this memorandum of agreement, which I signed, and enclosed with it a post-office order for 1l. 1s.—I did that believing that this was a bond-fide concern, that the persons connected with it were in a position to give me employment, and that it was necessary I should pay the 1l. 1s. as a guarantee—on 14th August I got a letter stating: "The ship Edith Carmichael sails September 3rd from West India Docks," After that I had no further communication—I gave up my business and sold my house and furniture—I then saw something in the public papers, and received instructions from Bow Street.

Cross-examined by MR. GRAIN. I expected to get my situation for the 1l. 1s., to go to the South African Trading Company as manager—I was to pay the 1l. 1s. as a guarantee that I would appear on board the Edith Carmichael, if not I sacrificed the 1l, 1s.—if I went on board it was to be returned to me; my intention was to go on board—I did not go, I had no opportunity. Cross-examined by MR. PURCELL. The application was to be addressed "African, City News Rooms, London."

EDMUND BUCKLEY HASSELL . I live at 8, Greville Terrace, Ashton-under-Lyne—I saw this advertisement in the Manchester Examiner, in consequence of which I instructed my brother Henry to write a letter offering myself as a candidate for assistant in the drug department—I received this

reply of 2nd July, 1878: "Interview arranged, if you will fill up enclosed satisfactorily, and enclose 1l. 1s."—I filled up the enclosed form, and wrote a letter, and got three more forms, which were filled up andforwarded with this cheque, 3l. 3s., for myself, father, and brother—I believed the statements in the several documents—about 18th July I went to the Queen's Hotel, expecting to see Sir James Graham—I saw Crowley and said "Good day, Sir James"—he said unfortunately Sir James Graham was laid up at Liverpool, at the Waterloo or the Wellington, with an attack of diarrhoea, the coming over from Cape Town had rather upset his constitution, he had only been in England a few days; he might be in Manchester that evening, but if I went down to Liverpool he would be very glad to see me—he picked up what appeared to be a telegram, and read something to the effect that he was sorry that from an attack of diarrhoea he could not keep his appointments, would 1 he keep them for him—he wrote down on the back of a form what I told him about my father and brother, and said he would forward it to Sir James Graham that night, or he would go with it—he said they had a number of branches, and they were going to open five more in South Africa; that they wanted five managers and 22 assistants—I said I thought it rather strange that he should come to Manchester for them—he said he preferred Manchester men—the next day he came to my house to inquire after some one named Entressol, and I went with him to see Entressol—I introduced him and left him, and joined him again; and just as I was leaving, he pulled out of his pocket the cheque I had given him, which was crossed and payable to Sir James Graham, and said "Oh, Sir James Graham has not much connection this country; he has not a banking account here, and if it makes no difference to you, will yon give me one to bearer?"—he said "I saw Sir James Graham at Liverpool, and he endorsed the cheque; so you may see there is no juggling about the matter"—he gave me the cheque, and I afterwards sent him one by post to bearer—I afterwards wrote to him for the name of the ship, and received this reply, stating that it was the Edith Carmichael, and if I should he in the City next day, he would be glad to go over her with me—in consequence of that, I came up to London on the Tuesday—I then received a postcard from Liverpool, asking me to defer my visit till that day week, signed "Crowley"—I heard nothing more of him after that—I went to the West India Dock, but could not find the ship there—she was at Nova Scotia—I sold my business, and my brother gave up his employment with my father.

JOSEPH OLIVER . I live in Thirlmere Road, Liverpool—on 31ST July I saw this advertisement in the Liverpool Mercury, in consequence of which I wrote to the address and got this letter of 13th August, signed G. R Crowley, asking me for 1l. 1s. as a guarantee, and enclosing a form of application—I replied, enclosing 1l. 1s. by post-office order—I believed the statements in these documents—I got an answer acknowledging the post-office order, but I heard nothing more till I saw the case in the papers. (The Jury intimated that it was unnecessary to multiply evidence on this head.)

CAROLINE SARAH DOWNING . I live at the Oxford Stores, 315, Strand—I have seen Wraxall there in company with Crowley—on Friday morning, 23rd August, Wraxall, who had given me 16 letters, put some more to them with a small key. and asked me to give them to Crowley if he came—he said it was very strange that he had not come, because there were so many letters coming, people must be waiting for answers—I had not seen Crowley all that week—I afterwards handed over the letters to Inspector Hagan.

Cross-examined by MR. PURCELL. It was not the practice to leave the key of the office with us—the letters were closed letters.

CHARLES HAOGAN (Police Inspector). In August last I was instructed to make inquiries about the South African General Stores and Trading Company at 137A Strand—I kept observation upon that house from 20th to 24th August—I found that Wraxall occupied the first floor there—a warrant was obtained, and I got access to the premises on the 24th—when the postman brought letters, I looked at them from the Tuesday to the Saturday, on the Saturday after Wraxall was arrested by an officer placed there to wait for him, I searched the office and found 12 envelopes and letters addressed to the Company, to Crowley, and to Sir James Graham, a large number of envelopes, which had been opened, and which contained letters, and 36 other letters—on 28th August Crowley was handed over to me at Glasgow by the Scotch police—before I went there I went to Wraxall's private house, 25, Lambeth Road, and there found this postcard addressed to him from Crowley: "Dear Sir Barry,—If any letters should come for me, please forward same to me at Queen's Hotel, Manchester, but not after tomorrow night Yours, G. R Crowley."—when I took Crowley he gate me a great quantity of papers and at his lodging I found 530 letters' answering the advertisement, 30 of them showing that guineas had been sent, and twenty-three showing that the guinea had been refused—on the way from Scotland he said that he had met a person who told him he was Sir James Graham who had originated this scheme, that he had only seen him three times, that on the third occasion he had part of the money that had been received, and he had told him to keep the remainder for himself and for the expenses of the office; that on the second occasion Sir James Graham took some of the money, about 12l., that up to then had been received, and told him to keep the remainder for himself, and office expenses, that he had not seen him afterwards, sad he then came to the conclusion that the thing was a swindle, but seeing how easily it worked he had continued it on his own account—from the letters I found, it appeared that a brother of his is mate on board a ship called the Edith Carmichael, trading to Nova Scotia, there are two or three letters from his brother to him—all these documents found at his lodging are in the same handwriting—I found on him a letter of introduction to a gentleman at New York, showing that he was going there—Wraxall said he had only had one of the post-office orders, which he cashed at Somerset House.

Cross-examined by MR. PURCELL. He said that order had been given to him in payment of the rent—I found among Crowley's papers a receipt for the rent, corresponding with it.

Cross-examined by MR. GRAIN. I also found amongst Crowley's papers some letters from a Mr. Harris, a merchant of Bristol, who has an office in Cannon Street; he was in his employ for 18 months up to March, 1877—there was a guarantee from the Provident Clerks' Society for 400l., guaranteeing his respectability for 10 years back—I don't recollect the date of it; it was for Mr. Harris.

BENJAMIN BURNETT (Detective E). On Saturday, 24th Septemher, 137 A, Strand, was under my observation—I saw Wraxall open the door and take some papers from the floor—I told him I was a police-officer and should take him on a warrant—he said, "Where is the warrant?" I said, "I have not got it, it is for conspiring with Crowley and different parties in the country"—he said, "Good God, you don't mean that"—I asked what he was

going to do with the letters—he said he was going to take them to Oxford Street for Crowley to call for—I took him to Bow Street.

Cross-examined by MR. PURCELL. He also said, "There are 26 other letters there, and if you tell them I sent you, you will get them."

FREDERICK BRADFIELD LA CROIX . I am a clerk in the moneyorder department of the General Post Office—I produce seven post-office orders—I cannot tell who they are issued to, but they are all for one guinea—one is from Great Horner Street, Liverpool (Six of these orders issued from different places were signed "James Graham" and one by Crowley).

Crowley received a good character from one witness.

WRAXALL— GUILTY of conspiracy. CROWLEY— GUILTY of conspiracy and obtaining money by false pretences.

Inspector Hagan stated that for some years Wraxall had been connected with various bubble companies and swindling transactions. Twelve Months' Imprisonment each .

FOURTH COURT.—Tuesday, October 29th, 1878.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18781021-908

908. WILLIAM SIMS (22) and ROBERT ROBERTS (46) , Stealing on 29th August 441b. of tea, and within six months 451b. of tea, the property of Robert Warner, the master of Roberts.

MR. BESLEY conducted the Prosecution; MR. GBOGHEGAN appeared for Sims; and MESSRS. W. SLEIGH and D. METCALFE for Roberts.

WILLIAM THOMAS . I live at 25, Jubilee Street, Commercial Road—on 19th July I broke up. for the holidays for four weeks and engaged myself as errand boy to the prisoner Sims, who lives at No. 11,—he paid me 4s. the first two weeks and 5s. the second two weeks—I went with him to Brooks' Wharf and carried two blue bags and a little black bag, and went out about 9.30 a.m., and he bought two Daily Telegraphs—we went to Fenchurch Street station, where he bought a half return ticket for me; we went to Shadwell, where he took me to a little court and crumpled the newspaper and put one into each big blue bag—these are the bags (produced)—he put one on his shoulder and one on my shoulder and we went to Brooks' Wharf—we passed the gateman with the bags on our shoulders—he gave me a paper and there was 4d. to pay—I went to the office and gave it in at a little hole—some man wrote on it and told me to pass it on—I took it to another desk opposite, but do not know whether I gave it to Roberts or not—we then went into the showrooms, which are close to the office, on the same level, where Sims told me to look out on the river, and Roberts told me to put the bag down and look at the ships and barges—it was then in the same state as before—I looked at the barges; there were other persona there, and when Roberts had served all the others he served. me—he got some tea, took the newspapers out of the bags, doubled them up, put them on the desk, and told me to open the bag while he put the tea in—he filled it three-parts full, put it on my shoulder, gave me a pass, and sent me out—I gave the pass to the man at the gate, and went to Fenchurch Street Station with the half return-ticket—Sims had gone home, but he left with me the first time—this happened about a dozen times—my bag was always filled by Roberts, and newspapers were always put in it to make it look full—I cannot say whether Sims got his bag filled on any of these occasions, as I was looking at the ships, but he came in with a bag the same

as I did, and went home with me, with the bag of tea like this—Sims said that if anybody asked me what I was waiting for, I was to say I was waiting for a sample—he mentioned no name—he told me always to go to Roberts, and Roberts always served me.

Cross-examined by MR. GEOGHEGAN. I have been to school since this—Sims and I travelled in the same carriage, but sometimes he told me to go on first—we always went down the same court to put the papers in the bags—there are houses there, but not many people.

Cross-examined by MR. W. SLEIGH. I went up to Roberts the first time entirely of my own free will—I was not told who to go to—I went about a dozen times—Sims gave me a bill and 4d.; I think I gave the bill to the man who served me, and the 4d.; he wrote something on it, and told me to pass it to a gentleman opposite—I do not know whether I gave it to Roberts or not—I know Smith the policeman—I think I had a talk with him before I went to the Lord Mayor—I told him this story about Sims—I did not go with Smith and see Roberts serving in the sampling room, where I got the tea—I do not recollect whether I saw Roberts before the Lord Mayor.

Re-examined. I passed the gatekeeper when I went in without taking out a pass—I then had my bag with the newspaper in it; when I came out I had tea in the bag—I never went without a paper; I always got it from Roberts.

WILLIAM SMITH (City Detective). On 29th August, about 11 a.m, I was in Upper Thames Street—this plan shows the position of Brooks's Wharf—the gatekeeper stands here, and there is no getting out without passing him again—this is the office on the ground-floor, and the showroom is on the same level; the sampling room is upstairs—I was watching for a man coming there, and saw Sims in Upper Thames Street walking very fast towards the wharf, with this blue bag on his back—I could see that it was not full; I followed behind him, touched it, and it yielded, and I could see from his mode of carrying it that it was very light—it was not distended, it was not wrinkled; a newspaper similar to this could have been put into it—he did not know that I touched it; he went down the wharf, pulled out a paper from his pocket, and went into the office—I waited, and at 11.45 he came out with this' large bag on his shoulder, going as fast as he could up Honey Lane, through Bromley Buildings, into a lane which abuts on Queen Victoria Street and Upper Thames Street—he there put it on a post, and then put it on his shoulder—I followed him to Cornhill, where he hailed an omnibus which would stop at Jubilee Street—I stopped him and said, "What have you got there? where have you brought this from? "—he said, "From my place in Jubilee Street"—I said, "I shall take you in custody for stealing this tea; I am a police-officer"—I took him to the Old Jewry, and found this newspaper in the big bag—this little black bag contained a sample of tea, which would no doubt be at the bottom of the bag and the newspaper at the top, and he had a newspaper in his possession—they were both Daily Telegraphs of 29th August—I left him in charge of Sergeant Green while I went to make inquiries, and then took him to Bow Lane and charged him—I showed him this paper, which I obtained from the wharf, and said, "This is a forgery"—he said, "I filled it up"—I said, "Did you sign it?"—he said "Yes"—I said, "Per procreation"—he said, "Yes, we are allowed to do so in the trade"—he pretended that it was all regular—he gave his address, 11, Jubilee Street—I went there with another officer—there is no shop-front or any indication of the tea trade being carried on, but I found a few invoices,

which I have here, and this large bag of tea with the sample at the top (produced)—the rooms are two back kitchens, and the tea was in the front one—I found a very large quantity of tea in drawers and cases—when I first saw him he gave his name Frederick Sims, 31, Salmon Lane, Limehouse; that is a mile or more from Jubilee Street—I went there; it is a private house—I found there these two papers in the name of Frederick Sims and Company, and this card—I have never seen the boy Thomas in his company—I received a communication, and saw the boy a week or more afterwards, when Sims had been in custody nine or ten days—I did not suggest to the boy anything that he was to say—he gave evidence against Sims and afterwards against Roberts.

Cross-examined by MR. GEOGHEGAN. I mean to say that he went as fast as he possibly could with such a load as this bag of tea—I had to walk pretty quick for fear of losing him—I followed him for a quarter of an hour—he rested some time and I waited.

Cross-examined by MR. D. METCALFE. I was before the Lord Mayor on 30th August, when there was a remand—the boy gave evidence against Roberts about 15th or 16th September—after I had taken Sims I went to Brooks's Wharf, and told Roberts that I had taken Sims in custody, and asked him if he had given Sims any tea—he said "No," and I think he said. that he had not seen Sims that morning.

GEORGE WESTWOOD (City Detective). On 29th August by Sergeant Smith's directions I placed myself in a position to command 11, Jubilee Street, and saw Sims leave about 10 a.m. with a big parcel similar to this and newspaper his hand—he went towards the City—I did not follow him—on 14th September, about 8 o'clock, I was with Berry in Bridge Street, Blackfriars, and saw Roberts—I knew there was a warrant out against him, and said, "Your name is Roberts?"—he said, "I don't know, any name"—I said that there was a warrant out against him, and he would be charged with another man in custody with stealing a quantity of tea from Brooks's Wharf—he said, "Well, if they drag me into it I can answer it"—he was taken to the station.

Cross-examined by MR. METCALFE. He afterwards told me his name was Roberts.

GEORGE GREEN (Detective Sergeant). On 29th September I was in charge of the office in the Old Jewry when Smith brought Sims in, who sat by the side of the fireplace; there was no fire there—he took some papers from his pocket, put some of them back, and tore up some others and threw them into the grate.

THOMAS WICKHAM JONES . I am in the service of Robert Warner, the proprietor of Brooks' Wharf—we have sixty or seventy thousand boxes of tea there—on the arrival of a ship the consignment gets a rotation number, and then the consecutive number of packages—that is sent to the broker, who puts it into the merchants' hands—the showroom is used for public sales and first merchants' samples—We have a couple of advance boxes up from every ship, and they are put in the tearoom—if this order was 8 genuine one it could only be properly presented upstairs, not on the ground floor at all—these orders, on which 4d. and 2d. are paid, would not warrant taking away 45lb. of tea, but only the quantity marked on them—the largest sample delivered out on a broker's order is 2lb. for each break of tea—they are packed up in papers in this way (produced)—each packet must be kept separately or it would be no good as a sample—these goods are in

bond, but the Customs do not require a duty on samples—this paper would not apply to Roberts; this would be upstairs—the boy would go for show samples, and the card states the quantity you may tale for samples—this bit of red paper is of no use for such samples—Roberts was employed in the showroom on the same floor as the office—that is the room where the loose bags of tea returned by the person sampling are put—no tea goes out except exchange for tea going in, and excepting the first merchants' samples—the tea is worth about a shilling a pound—this paper purports to be a consignment by the Egeria to the order of Messrs. George White and Co.—the Egeria was on the wharf on 29th August, and Messrs. George White had the ordering—one pound of tea could be got on this paper from the sampler upstairs.

Cross-examined by MR. GEOGHEGAN. NO tea would go out from the showroom on this red ticket except merchants' samples.

CHARLES WENHAM . I am a sampler at Brooks' Wharf—I deliver samples all over the building, but have nothing to do with the showroom—on 29th August Sims came to me and produced this sampling order, which entitles him to have one pound of tea—he had a blue bag with him from one-half to three-parts full, nearly in the same state as it is now—he came up to the first floor, gave me a pound of tea, and I gave him one pound hi retain—I sampled from the Egeria, but it was not the same as is mentioned here—I gave him B in a diamond 168 instead of 158—this (produced) is the pass that I gave him.

Cross-examined by MR. GEOGHEGAN. With the exception of my mistake, what occurred between us was the regular course of business.

FRANCIS GOODBODY . I am a tea dealer, of 29, Mincing Lane—this order "A" purports to come from my firm, but it does not—I did not know Sims until I saw him at the Mansion House—it was not written by my authority.

Cross-examined by MR. GEOGHEGAN. I have only one partner—he is not here.

Re-examined. His name is W. H. Goodbody—he is always in Dublin—he could not have given authority to anybody to fill up this order.

JAMS HECTOR DIXON . I am a tea-broker in the employment of George White and Co., of Tower Street—I fancy I have seen Sims before as a sampler for some other firm—he was never in Messrs. White's employ—this order marked A was not written by any one in the firm—the words "Per Egeria" were put on on 4th September—there was no sampling orders before that, as the tea, by the merchant's order, would not be shown—no orders were issued previous to 4th September, and no one would know the marks except someone on Brooks' Wharf.

Cross-examined by MR. GEOGHEQAN. I am a good judge at tea—this is Congou—"returns" is the tea brought to the warehouse to put in the place of other tea; it may be any kind of tea which is not of any particular quality, but it is supposed to be equivalent to the tea taken away.

WILLIAM THOMAS TURNER . I have been in the employ of Messrs. Ellen and Co., tea merchants, of Laurence Pountney Lane, about six years—I find their signature on this card—it is issued by the Tea Brokers' Association to tea merchants—Sims had no right to it—it was issued by Mr. Ellen, but it is one of the minor things in the office which he does not see, though he must sign it.

Cross-examined by MR. GEOGHEGAN. It goes into the hands of any one who is sent down. Re-examined. I never heard of a respectable tea merchant using another 4 person's ticket; they always have one of their own.

WALTER HILL . I am a sampler in the employ of Messrs. Browne, Todd, and Company, tea merchants, Fenchurch Street—they employed Sims for a little while—this order marked A is in his writing.

JAMES HOLDEN . I am employed at Brooks' Wharf—when a sample order is presented it is numbered by the clerk and passed to me, and the person presenting it pays a fee, which I put in the account book—this order passed through my hands on 29th August; 1lb. of tea should have been delivered on it, for which 1lb. should have been returned—I have seen Sims there coming for Good body—I have given an order for 10lb. of tea and 20lb., but I think not for 40lb.—I have seen the boy Thomas; I cannot say whether he has been there a dozen times—I did not send him into the room where Roberts was—he would inquire in the warehouse where to go—Roberts's office is on the same floor as mine—he has very likely in the course of this year delivered as much as 20lb. of tea on a sampling' order.

WILLIAM WALDON . I am the gatekeeper—I know Sims—he came for samples to the best of my belief in the name of Goodbody—I saw the boy nearly every day for a fortnight, but not always by himself, sometimes with Sims—to the best of my recollection he brought me this pass (produced)—it is signed by Roberts.

Cross-examined by MR. D. METCALFE. I do not know his writing, but it is a certain signature.

HENRY TATE MOORE . I am employed at Brooks' Wharf—this is Robert's writing.

Cross-examined by MR. D. METCALFE. I have seen him write several times.

By the COURT. The business in the sampling room is done thus: anybody presenting this card would be entitled to take 3oz. of tea out of every packet on show, and he could get a pass which would take him out at the gate—there might be 40 samples on show, and if so, he could get 40 3oz. samples, but he would have to bring 40 in, and then he would get a pass—when the boy paid 4d. and put a ticket into a little hole, that was for a private sale, the other is a public sale—the man presenting this order would not go to Roberts at all, he would go to Wenham—the boy would pay the 4d. to Holden if he had this card—he would present a paper similar to these in Court—these papers would give him access to the warehouse; he could not get in without—the dozen pieces of paper presented by the boy are all on our books.

Re-examined. These are three of them (produced)—these have passed through our office, and each of them would entitle the sampler to get 1lb. of tea from Wenham on paying 1lb. back; he had no need to go to Roberts on these orders—these orders say "1 bag"—the bag would be presumed by the gatekeeper to contain tea loose; and that is thereason it required to be stuffed with paper—for every 3oz. taken out they have to bring 3oz. in.

GUILTY .— Five Years' each in Penal Servitude .

ESSEX CASES.

Before Mr. Recorder.

Reference Number: t18781021-909

909. THOMAS MAXEY (39), WILLIAM LADD (34), and JOSEPH RICE (23) , Stealing eight pieces of timber of Thomas Bret, Bolton, and others. Second Count, receiving the same.

MR. OPPENHEIM conducted the Prosecution; MR. PURCELL appeared for Maxey, and MR. FULTON for Ladd. JOHN WOODING. I am a waterman in the employ of Messrs. Burt, Bolton, and Haywood, timber merchants—one of their places of business is Prince Regent's Wharf, Silvertown, where I am employed—on Monday, '9th September, I was at the wharf, which is about 500 yards from the jam works—I saw eight pieces of timber there, six pieces on the river bank close to the wharf, as near as the tide would bring them, and two close to Maxey's office—it belonged to Messrs. Burt—I had received directions from them to watch the timber—I gave information to the police on the Monday—I saw Maxey that day in his office on the wharf; he was assistant-timekeeper or deputy-foreman there; new works were being constructed for the jam factory—I spoke to the foreman of the works—on Wednesday, 11th September, I was at our gate at 10 minutes to 8, and saw Rice go by with the timber on a cart—I said, "Halloa, old fellow, you have got stopped at last"—he said he knew nothing about it; he was doing as his master told him—I said, "That is the timber that came from the jam factory that I told the police to look after"—he said he was doing as he was told, and he went back and fetched his master, Mr. Ladd—I had no conversation with him; I left the cart with a constable and went over to Victoria Dock to Mr. Ashley, our manager, and gave information—I saw eight pieces of timber on the cart; I cut off the tops of two of them at the Woolwich police-station, and produce them; there are marks on both, and here is a sample from our yard which corresponds with them.

Cross-examined by MR. PURCKLL. I can't say that two of the pieces of timber had been where they were for two months; they had been there for some days; the other pieces were fastened, to some timber belonging to the jam factory—I have heard of timber floating down the river.

Cross-examined by MR. FULTON. I do not know Ladd—I valued this timber at about 35s.

EDWARD CHAPMAN . In September last I was a carpenter's labourer employed at the jam works at Silvertown—on 11th September there was some timber there fastened to some other pieces of timber on the wharf of the jam works; Maxey was employed there—between 6 and 7 in the morning of the 11th Rice came there with Mr. Ladd's cart; he was there when I got there—Maxey was there—I did not hear any conversation between them—Maxey asked me to help load the cart with the timber that was on the bank; there were eight pieces; Rice helped me load it—Maxey was not near the spot then; he was in the, office—after the cart was loaded Rice took it away—we went to the Royal Arms, and Maxey gave us a pint of beer each for helping to load—I saw Ladd outside the Royal Arms, and he helped put a hick under the spring of the cart; that was all—Maxey was then in his office—this wood was not mine; I was never paid for it by any one—I did not sell it to Maxey; I knew the wood belonged to Burt, Bolton, and Haywood. Cross-examined by MR. PURCELL. Wood often floats down the river, and

sometimes gets moored alongside the factories—I picked six of these eight pieces up which had been brought there by the tide, and moored them against the river bank—the other two pieces were near Maxey's box.

Cross-examined by MR. FULTON. The wood was on the wharf when I helped load it—the jetty of the jam factory runs out into the river nearly 100 yards, for the purpose of unloading bricks and ballast—I do not know Ladd—I saw his name on the cart.

Re-examined. The pieces of wood were lying on the river bank attached to the timber belonging to the jam factory—I had moored them there myself.

WALTER SNLBSON . I was watchman at the jant factory, and was there all night—about a quarter or 20 minutes past 5 o'clock in the morning of 11th September, I saw a cart and horse come there; Rice was with it—I did not know him then—I asked his business—has said he had come for a load of wood—I told him not to load any while I was on duty; if he did, I should give him the trouble to unload it again—he said "Oh, I know nothing at all about what I am sent for, I am merely sent for it I don't know what kind of timber it is"—at 5.45 he was going away with an empty cart—I then left, and the workpeople came and took charge of the place.

Cross-examined by MR. PURCELL. I had not been watchman there above six or seven weeks—I have seen a great deal of wood floating down the I river, and they float ashore and there remain.

PHILIP BLANK . I am watchman for Mr. Robertson, who keeps a saw I mill about 300 yards from the jam factory—I first knew Maxey about four I months ago—I can't say in whose employ he was then—I believe he was once in Mr. Robertson's employ—on Monday, 9th September, about 11 am I was at the buildings that were being erectedfor the jam. factory, and I there saw some timber, blocks and sleepers, lying on the river side; there were six I fastened together—on Wednesday, the 11th, shortly after 5 a.m., I saw a cart near the river bank, close to the jam factory—I afterwards saw the cart, with the timber on it, at the Royal Arms—Rice was with it—he left it and went into the Royal Arms, and then Ladd took charge of it—previous to that I saw Maxey in company with Ladd go into the Royal Arms—I afterwards saw the cart leave—Ladd drove it—I followed it—Ladd then I came up to me—I knew him; he is a builder in Silvertown—he asked me I whether I was on night and day—I said my time was all hours—he then I came to me opposite my master's works, and asked if he could have some timber cut there—I said I did not know, but I would communicate with the clerk—the cart was then going along the road—I took him to the clerk and left him with him—I then communicated with Burt's people—I knew I Maxey by sight, and had seen Rice before.

Cross-examined by MR. FULTON. I said before the Magistrate that I saw two men loading some timber, but I could not identify who they were—I believe I said, "I saw Ladd go down behind the fence towards the cart at I the river bank; the cart was loaded then"—I don't know that I have since I discovered that it was Chapman—I did not go to the solicitors for the prosecution; I believe I saw a clerk.

JOHN BANKS . I am storekeeper to Messrs. Burt, Bolton, and Haywood—on 11th September, in consequence of information, I went on the Norm Woolwich road, and overtook Rice with a cart loaded with eight pieces of timber—I asked if he had any tickets or notes to show where he got the timber from—he said "No"—I asked where he was going to take it to—he

said to the saw-mills between the coffee-house and the public-house on the Barking road—he had passed Mr.; Robertson's saw-mills—I said to him, "I am an older man than you; take my advice, and bring it back; it belongs to our firm"—he said, "Who is to pay me for my trouble?"—I said, "If I am in the wrong I will pay any reasonable expense"—he hesitated to return with me, and I said, "I shall not argue with you; I shall follow you, and the first police-officer I meet I shall give you in charge;" upon that he returned with me to our gates—he said, "I shall take the timber back, and unload it where I got it from"—I said, "No, you must not do that; you will have to wait here until Mr. Ashley comes; you had better fetch the man who employed yon;" and he went and fetched Ladd, who said, "What is all this about? Who is to pay my expense and trouble for this?"—he then said he had bought the timber of Maxey—I said, "You had better fetch Maxey," which he did, and Maxey said he had bought it of Chapman—I said, "You had better fetch Chapman"—he was fetched, and he said he had picked it up in the river, but he denied selling it to Maxey—I don't think Maxey made any reply.

JOHN THOMAS ASHLEY . I am manager to Messrs. Burt, Bolton, and Haywood—on 11th September I was sent for, and saw this timber on the cart; it belonged to our firm—the two pieces produced have N R and T P on them; those are marks put on at Riga, where it is shipped—no doubt similar timber is imported to other people in the country, but not in London, it used for railway sleepers—I have seen Maxey once or twice—he has not purchased timber of us on his own account—he has negotiated for some few pieces of timber for Mr. Robertson, a former employer of his, from February to about July, 1877—I did not sell him this timber; its value is about 2l.—I have seen Rice at our works as a labourer about July or August.

WILLIAM EASTON (Policeman f. 394). I took the prisoners in custody—Ladd said he thought he had got the wood all right of Maxey—Rice said he was acting under the instructions of Ladd, his master—Maxey said he bought it of Chapman.

Witness for Ladd.

JOHN EVE . I have been foreman to Mr.; Ladd about two and a half years; he is a builder at Silvertown—on 5th September, about 11 am., Maxey came and asked if Mr. Ladd wanted to buy any sand—Ladd said yes, he wanted a great deal before he completed the work—Maxey said he knew a man that had a lot to sell—he then said "Can you buy any timber!"—Ladd said he should want a great deal—Maxey said he had got some that he had bought to build a shed with; and he asked Mr. Ladd if he could go and look at it—he said he could not go then as he was busy—Maxey then left—he returned about 8 or half-past in the evening to know if he would have the timber—Ladd said "I don't know; what do you want for it?"—he said "I gave 4s. 3d. a piece for it, I could not sell it under 4s.. 6d."—Ladd said "I think that is rather too much"—Maxey said "I could not sell it under"—so Ladd said "Well, if it is not pickled, I don 't mind having it"—he said he had six pieces nine feet long—he was to deliver it on the 6th, but did not—he came that evening, and said could we send a cart for it next day; and we sent at half-past 11 on the 7th, but did not get it—Maxey came again on the 10th, and asked Mr. Ladd to send for it early next morning; and I heard nothing more till they were in custody.

Cross-examined. I did not know Maxey before this—I did not know

Burt, Bolton, and Haywood—I had only been at Silvertown two days—I worked for Mr. Ladd at another place—he is in a large way of business and is a very respectable man—he is building 59 houses at Silvertown.

Maxey received a good character. Not GUILTY .

The Jury expressed their opinion that there was no stain on the character of either Ladd or Rice.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18781021-910

910. JOSEPH BAKER (30) , Burglariously breaking and entering the dwelling-house of Samuel Henry Marsden and stealing three rings and other articles his property.

MR. J. P. GRAIN conducted the Prosecution; MR. GEOGHBGAN the Defence.

JOHN CASTLE . I am employed in the small arms department of the Tower, and live at 10, Barclay Terrace, Leytonstone, exactly opposite the prosecutor—on 11th August, about 9.30 p.m, my daughter spoke to me, and knowing that Mr. and Mrs. Marsden were away I watched, and saw a light moving on the stairs—I sent for Mr. Bland, who had the keys, and who lives two doors from me—we knew by the shadows that more than one person was in the house—Mr. Metcalfe came up, and Mr. Bland and my son—I posted myself at the back, and saw a light at the upper back window extinguished, and heard steps going down to the kitchen, the window of which was open; they had got in there—they came to the window, but I could not see how many there were—somebody called out "You had better surrender; if you resist you will be fired upon"—some one said that they had gone to the front; I ran to the front; they pulled the door open on the chain, and then I heard the report of a pistol—I went to the back, and found that Mr. Bland had been knocked down by a man who has escaped—he said "Take hold of him, I will go after the other"—I saw another man being chased round the back garden—if you get over the wall there yon get into a vacant plot; of ground called Mornington Road and Wellesley Road—I saw the man dodging about there across the garden, and he made a spring at the wall—I ran to the side door to intercept him, but he did not get over, and I ran to the front and spoke to a neighbour—I then went with Kitchen to the police-station, and the prisoner was brought there without a hat; he said "What am I here for? search me"—a short time afterwards a person brought a hat and said "You have lost your hat, is this it?"—he took it in his hand, hesitated a moment, and put it on—he answers in form and build and height to the man who was dodging about in the garden, but I did not see his face—it was a bright moonlight night.

Cross-examined. About 10 minutes elapsed from the time the alarm was given at 9.30 to the time the man sprang out at the window—Kitchen was arrested immediately—I got to the station about 10, and the prisoner was brought in in a quarter of an hour, and the hat a quarter of an hour after him—as I went to the station I saw a light hawker's cart at the end of Barclay Road, and a young man in it who came to the station the same evening when the two men were in custody—I think only four persons were in the back garden, and not more than eight or nine in front with my wife and daughters—the pistol shot called a number of persons out.

GEORGE METCALFE . On Sunday night 11th August, about 9.30, I was returning home—I received information, went to the back of Mr. Marsdens house, and stationed myself eight or ten paces from the kitchen window, which was open, with a pistol—I heard a noise inside, two men came to the window, I called out to them to come out, otherwise we were determined to have them—there was a little hesitation, and I heard parties going to the

front door—I attempted to close the window, but could only close it six or eight inches—they came back from the front door to the back door, to the kitchen window—I stepped back a little and waited, and one of them shouted out, "Now, old fellow, make room, we are coming"—I said, "All right, come along"—the window was opened and two men with hats on looked out and made a dash to go down the garden; I immediately closed with them with my friend, and received a stinging blow, and down we went into the shrubbery; we had a struggle there, but the man got up and got away—I had fired the pistol before I received the blow—I know the law' better now than I did then—I had an ordinary hat on—the man want down the garden without his hat and attempted to get over the wall, but I pulled him back—I had only one hand to hold him and he got into my garden—I then looked for my hat but could not find it—I went to the front of the. house and saw the prisoner without a hat, in Goher's custody—I went back and found my hat where I had the struggle, and another hat within a foot or two of it, I gave it to the policeman—the prisoner is the man I saw in custody to the best of my knowledge—it was not the wounded man—the man who got away from my grasp was middle-sized, pale, with a roundish face, rather dark hair, and dressed in dark clothes.

Cross-examined. It was moonlight—I was cautioned at the police-court by the bailiff not to incriminate myself—I saw a man in custody afterwards who vehemently protested his innocence—I said before the Magistrate, "He succeeded in getting into my garden—I lost sight of him".

RICHARD GOHER . I live in Wellesley Road, Leytonstone—my garden leads to the back'of some other gardens—between Mornington Road and the end house there is a vacant plot—of ground—I was going home along Mornington Road between 9.30 and 10 o'clock and saw the prisoner scale the wall at the back of Mr. Marsden's house, and run along it like a cat towards me—I stooped down under the palings and let him get halfway down the waste piece of ground before I gave chase, and then he had another lot of palings to get over—I gave chase and ultimately caught him—I saw no one in front of him—he was brought to the house with assistance and taken to the station.

Cross-examined. I am a hammerman—the prisoner did not run towards Barclay Road, but towards Wellesley Road—I was from 30 to 50 yards from him—I may have said 100 yards before the Magistrate—I was struggling with him a quarter of an hour on the ground—I heard him say "Where are they?"—I tripped him up—he said "I am running after the thief"—he offered me a sovereign to let him go—he afterwards said that I was the thief—I was holding him down on the ground then.

BLAND (Not examined in chief).

Cross-examined. I was in the garden on this night—before any person jumped out of the house I saw two faces looking out of the kitchen window—it was moonlight—I saw a man in the garden; he jumped over the wall and went along the top of the wall, and got into a garden.

EDWARD MOOGEN (Not examined in chief).

Cross-examined. I saw the prisoner and Goher struggling and went for further assistance—the prisoner said that he was running after the thief, and this man had knocked him down, and did not I think it was very wrong—I said "If you were running after the thief we shall very soon settle that, and the quicker you come the better"—he went quietly—he said he had lost his hat—I asked him where it was—he said he thought the other man had got it.

RICHARD MUNDAY (Policeman). The prisoner was given into my charge.

Cross-examined. I searched him, but found no housebreaking instruments or sovereign—I am the policeman who asked him about his hat; he was then in custody—Kitchen was brought to the station before the prisoner, and some brooches and other things were found on him.

KENDAL (Policeman N 457). I received this hat from Mr. Metcalfe at the house; I took it to the station, and the prisoner owned it and put it on.

GUILTY . He was further charged with a previous conviction at Edmonton in 1875, to while he PLEADED GUILTY.**— Two Years' imprisonment .

Reference Number: t18781021-911

911. EDWARD VICTOR WGDEN (34) , Feloniously marrying Mary Taylor, his wife being alive.

MR. PURCELL Condncted the Prosecution. MARY TAYLOR. My husband died in 1876—I was staying in West Ham Union, and met the prisoner there—he asked me to go and live with him about four months before my husband died, and after my husband died he asked me to marry him—he said that he was single, but had lived with a woman ten years, but she was dead—I was married to him in 1876, and he was described as a bachelor—he lived with me till 20th June last, and I have had a child by him—he never ill-used me—I earned my own living—he gave me nothing—I was confined on 13th May this year—he gave me no money, and when I came home he said, "Why did not you stop another week I"—on 2nd August, in consequence of what I heard, I went to 94, Tilbury Bead, Piaistow, and saw Agnes Warden, who showed me her marriage lines, and while I was at the house the prisoner came there; Agnes Wagden went down and opened the door to him, and he very nearly sunk to the ground, and asked us to have mercy on him, and offered his wife 3s. 6d. a week not to lockhim up, and me 3s. 6d.—I said that I would not give the 3s. 6d.—he did not say who Agnes Wagden was—I gave him in custody.

Cross-examined by the Prisoner. I paid for the wedding—I did not know when you were in the union that you were a married man with two children; you only said you lived with a woman and she died—you gave me 14s. and 10s, and out of that you had some back—I did not take your watch away; you pawned it and I got it out—I stuck to it, and I wish I had stuck to more.

FREDERICK HILTON (Policeman K 653). On 3rd August I went with the last witness and found the prisoner at 3, Surrey Street, Plaistow, which is about a quarter of an hour's walk from Tilbury Road—she charged him, and I said "I take you in custody for intermarrying with this woman"—he said "I can't deny it, it is true"—he said the same at the station—I got this certificate (produced) from the wife.

EMMA CARTER . I live at Vernon Cottage, Putney—I was present at Putney Church on 15th July, 1866, when the prisoner was married to Agnes Mary Hopper—I have seen her recently—she obtained this certificate.

FREDERICK HILTON (Re-examined). I saw the prisoner with his first wife on Saturday, 3rd August—I had not seen them together between 1866 and 1876—he called on me five years ago last July—it was a wet morning, and he came down to Putney, had some lunch, and went home—he said that he was living with his wife; they both visited me—it is some years since they last visited me. NOT GUILTY .

KENT CASES.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18781021-912

912. GEOEGE ROBERTS (48) , Feloniously breaking and entering the dwelling-house of John Hyne Clarke, and Stealing a brooch and other goods his property.

MR. PUKCELL conducted the Prosecution; and MR. J. F. GRAIN the Defence [The Jury being unable to agree, were discharged, and the trial was postponed to the next Session .

Reference Number: t18781021-913

913. HENRY MEKCER (26) , Feloniously receiving a gold necklet and other articles knowing them to be stolen.

MR. PURCELL conducted the Prosecution.

HENRY SALTER . I am a pawnbroker at 19, Plumstead Road—on the evening of 13th August the prisoner and Sherwood, who has been discharged, came and offered to sell a miniature set in gold, with a carbuncle, some silver bracelets, and Clasps, and a quantity of jewellery—the prisoner asked 7l. for them—I asked him where they got them—he said that they had been stolen from the Docks—I informed the police at once—the prisoner first asked me what they were worth—I said I could not tell him the exact amount, as I was not sure of the miniature, and he told me he could let me have 200l. worth more.

WILLIAM MORGAN (Detective Sergeant R). About 7 o'clock on 13th August I was passing Mr. Salter's door—he called me in and made a statement to me—the prisoner and Sherwood had left—I west in search of them and found them at the Puke of York beershop in the New Road—I went in and told the prisoner I had been given to understand that he had some valuable jewellery in his possession—he said "Yes"—I said "Let me-see it," and he handed me this locket in a leather case—I said "You have some more"—he said "Yes," and pulled out this pocket-handkerchief with it in—I said "Where did you get it from?"—he said "I bought it off a man last night about 10 o'clock at the Bull public-house," which is close by there—I said "Who is he? Do you know him?"—he said "No"—I said "You can give me some description of him"—he said "I can do as I like about that"—I then took him to the station, and charged him with having this jewellery in his possession, supposed to be stolen, and not giving a satisfactory account of it—he said that he did not steal it—he bought it of a man last night, and gave 1l. 16s. for it, who told him it was stolen from the Docks from a ship that was gone abroad, and they would not find it out for two or three months, and he thought he could make a pound or two of it—I locked Sherwood up at the same time, and he was discharged by the Magistrate the next day.

Cross-examined. I told you I made inquiries and had been told that you had borrowed some money on the evening in question—several persons said they could not tell whether you bought it—I did not say at Woolwich that I could fetch several witnesses to prove you bought it—you gave me the names of three persons—I went to them, and each of them denied knowing anything about your buying it—you were let out on bail immediately and rearrested after I found an owner for the property.

ELIZABETH FANNY TURNER . I live at South Kensington—on 8th of August I landed at Southampton from India—five cases of luggage were

left on board to come on to the Victoria Docks—the articles produced are my property—they were in a jewel case when I last saw them, inside a large tin box, in one of the five cases—on 31ST of August I opened the case and found the property was gone—this is only a very small portion of what I missed—my entire loss is about £800.

Prisoner's Defence. I bought the jewellery. I gave all the information I could give to Sergeant Morgan, according to the description of the man I bought them of. I had only just come out of my work when I bought them—I had been working till 8 o'clock every night for the Government from breakfast-time every morning.

GUILTY Judgment Respited. . Re was further charged with a previous conviction at Middles—borough, 19M June, 1876, to which of PLEADED GUILTY.

SURREY CASES.

Before Mr., Justice Hawkins.

Reference Number: t18781021-914

914. BAKKELL SMITH (32) , Feloniously wounding Michael McCarthy, with intent to do grievous bodily harm.

MR. TICKELL conducted the Prosecution.

MICHAEL MCCARTHY . I live at 64, Weston Street, Bermondsey—on 25th August at 12.30 at night I was at a coffee-stall at the top of Duke Street, near London Bridge—I saw the prisoner there—he pushed against me as I was drinking some coffee, and upset it over me—I merely shoved him away and told him to go home—I had seen him before, but did not know him—he said he would pay me for that, and went away, as I thought down the Borough, I lost sight of him—I lit my pipe and went down Duke Street—when I was three parts down I heard somebody behind me, and it turned out to be the prisoner—he was about a yard and a half behind me with a knife open in his hand, and he said he would rip my guts open—I made an attempt to get the knife away from him, and he suddenly got behind me and stabbed me in the neck—I felt the blood trickling down my back—I put my left hand over my shoulder, and found that I was bleeding—I called out that I was stabbed, and I should have fallen if somebody had not come to my assistance—the prisoner ran away after stabbing me—I had not heard him following me till he was two or three yards behind me, that was about 60 yards from the coffee-stall, and between two and three minutes after I had left it—he was drunk—I was not drunk—I knew what I was about—I was not quite sober—I recollect no more till I found myself in Guy's Hospital.

Cross-examined by the Prisoner. I was not one of some men that robbed you on the bridge, I was not on the bridge, at all that night, not since 6 o'clock—I did not know that you were robbed—I swear I saw you at the coffee-stall—I did not knock you down in Tooley Street—you did not say to me there "You are one of the men that robbed me on the bridge"—I am a porter, and work about Thames Street for the orange trade, not for any regular master—I was once convicted of an assault, and once for the unlawful possession of some lemons.

MATTHEW DAVIS . I am a fishmonger, of 2, Church Path, Waltham-stow—about a quarter to 1 on this night I was in Tooley Street, just by the railway arch—I saw the prisoner and prosecutor struggling at the corner of Duke Street for two or three minutes—I heard McCarthy say. "I am stabbed," and the prisoner ran away—I ran after him, he fell down, and

I caught hold of him, and said, "You have stabbed that man;" he said, "No, I have not. I said, "Yes you have, give me that knife." He said, "I won't;" I said, "You had better"—I had a struggle with him for twenty minutes before I could get it away from him, it was open—he made two or three attempts to put it into me—I got it at last from his right hand, it was covered with blood—two men came to my assistance and secured him till a policeman came—I helped carry McCarthy to the hospital—when I saw them struggling McCarthy was dodging round the prisoner, apparently trying to get away from him.

Cross-examined. I was coming up Tooley Street through the subway—I was about 15 or 16 feet off when I saw the struggle—I did not see your full face, only your back—I am not embittered against you because you have had my character inquired into, it is no more than you ought to have done, I should have done the same if I was in your place—I did not strike you—you did not give me up the knife directly, I was struggling with you quite 20 minutes.

THOMAS ROBERT JUDSON . I was house surgeon at Guy's Hospital when McCarthy was brought there about one o'clock—he had a punctured wound on the side of the neck, about half an inch in extent, it would be caused by such a knife as this—it was a dangerous wound—he was not bleeding freely—he had fainted and consequently the hemorrhage had stayed—he is quite well now.

Cross-examined. I saw you at the hospital, you were bleeding from the' nose and mouth.

BENJAMIN FOLLEN (Policeman M 129). I took the prisoner, he was bleeding from the nose and mouth—he said at first that there had been a few words at the coffee-stall, and that was the reason he did it—at the hospital he said he had been robbed of a saw and pincers on London Bridge, and he believed McCarthy was one of the men—he said he had taken his tools out of pledge that night, which I found to be correct—he did not say he struck the man in self-defence—he was very drunk.

ROBERT HOWELL . I am a carman and live at 2 Parker's Buildings—I saw the prisoner and Davis struggling together for a good quarter of an hour—Davis was trying to get the Knife away from him, he asked the prisoner for it—he said "I have done nothing to give you the knife for."

The Prisoner in his Statement before the Magistrate, and also in his defence, stated that the Prosecutor was one of several men who had robbed him of his tools on Loudon Bridge on the night in question, and that on accusing hm of it he attacked him, and what he did was in self-defence.

GUILTY of unlawfully wounding.— Six Months' Imprisonment .

Before Mr. Recorder.

Reference Number: t18781021-915

915. JOHN HUMPHRIES (45), WILLIAM BALL (26), and CHARLES WOOD (27) , Unlawfully conspiring to obtain situations as barmen by false characters.

MESSRS. BKSLEY and FULTON conducted the Prosecution; and MR. PURCELL appeared for Humphries, and MR. MONTAGU WILLIAMS, with MR. D. METCALFE, for Ball.

RICHARD WHITE (Police-Inspector R). The George public-house, kept by the prisoner Humphries, is in my division, near the Surrey Docks—the transfer to Humphries was on 10th July, 1877—the change took place

on 12th June, 1877—between the time of the change and the transfer it was my duty to make inquirieswith regard to the person to whom it was proposed to make the transfer—I saw Humphries about 13th June—he came to the station and said he had taken the George from Hartland—I took down the particulars on a form—I asked him if he had ever kept a public-house before—he said no; that he had been a traveller for Messrs. Rose and Co., limejuice people—after the change I visited the house frequently, several times a month, from the time he took it till he left on 16th May, 1878—he kept ho assistants, only a potman—it is a large house, but a very small bar—it is a full-licensed house—ho had no barman orbarmaid—he was principally in the bar himself—he has two daughters, who assisted in the bar—no barman could have been employed there for a month without my knowledge—I kept observation on the house for certain reasons—I do not know the other two prisoners—I never saw them acting as barmen there.

Cross-examined by MR. PUECELL. There would not be room for more than two persons at a time in the bar—I believe I have seen Humphries and his two daughters in the bar at the same time—there is a small parlour at the back of the bar.

WILLIAM CHAMBERLAIN (Police-Inspector L). I took from Humphries one of these circulars when I took him into custody on 12th September—I told him I should take him into custody for giving false haracters to barmen, and conspiring to defraud the masters—he said "I don't remember that I have given any false characters; I think there was something some time ago, but that I can scarcely remember"—I found him at 87, Farringdon Street, just at the door (The circular was an agency for person wanting situations).

WILLIAM HOWARD ELMEY . I keep the Anchor and Hope, Westferry Road, Millwall—in October, 1877, I wanted a barman—Wood applied for the situation—he said he had been living with Mr. Humphries at the George by the Commercial Dock for about eight months—as he seemed a very likely young man, I asked him if Mr. Humphries would come over to me, as in consequence of an accident I was unable to get out—he said no; he would bring a note from him if I liked, and early after midday he brought this note. (Read: "The George, London Street, Deptford, 22nd October, 1877. Charles Wood has been in my service for some months; I found him very industrious, willing, and honest; for what reason he left me I don't know. I think he will suit a good house of business.—J, Humphries.") Upon that I took Wood into my service that evening—he stayed till Saturday morning, when I discharged him for drinking, but on the Wednesday or Thursday before that I went and saw Humphries, and told him that I found from one of the servants that Wood was rather addicted to drinking, and I did not feel satisfied that he was the character he had given me—he said "I am very sorry; I did not know of anything of the kind happening while he was with me; I will come over and see him and talk to him"—he did come in the afternoon—I had a few words with him, and left him in the bar with Wood three or four minutes, and then he left, and on the following Saturday morning I discharged Wood—I wrote to Humphries in the afternoon to tell him of it, and he came over, and I told him that Wood drank, and other things made me feel dissatisfied, and if he got into business again I should inform the Protection Society of it—he said he was very sorry he had

turned out so very different to what he had been when with him—I knew nothing of Humphries previously—I did not know that from 20th June to 6th August, 1877, Wood had lived with Mr. Ridley, of the Golden Lion—neither he nor Humphries told me that I believed that he had been eight months in Humphries' service.

AMELIA WILLIAMS . I assist my mother, who keeps the Lord Wellington public-house in the Old KentRoad—in November, 1877, Wood came into our service as barman—previous to his coming I went for his character to umphries—Wood referred to him—I asked Humphries it he was sober, honest, and industrious—I asked how long he had been with him—he said 10 months—I asked why he left—he said there was not sufficient business to keep a barman—I thought the character so satisfactory that I engaged him at once—he remained till 10th December—the takings were less while he was with us—that was the reason my mother dismissed him—she paid him a week's wages in lieu of a week's notice to get rid of him.

WILLIAM YOUNG, JUN . My father keeps the Railway Tavern, Tidal Basin, Victoria Docks—on 12th December, 1877, I was living there with him—I put an advertisement in the paper for an under-barman, and on 21ST December Wood came after the situation—I asked where he had been living—he gave me a card of Mr. Humphries, of the George, Commercial Dock—I said if his character was satisfactory I should very likely engage him—I went and saw Humphries and told him I had come to inquire after the character of a young man named Wood, who had lived with him—he said "Yes"—I asked how long he'had lived with him—he said 18 months—I asked why he left—he said he had not sufficient work for a barman—he thought he and his daughters could manage the business—he did not say when he left—I asked as to his sobriety and honesty—he said he always found him honest, sober, and very industrious—Wood was at that time in the taproom of the George, adjoining the bar—I went to him and said he might come tomorrow—he did so, and remained until 3rd February—during that time I noticed that he used to get very much intoxicated andwe missed a few shillings, but we did not take much notice of that—we could not prove it—he got very drunk.

Cross-examined by Wood. You did not say that you had lived with Humphries eight months—you said nothing about it—Humphries said 18 months—I did not discharge you—the governor did—I was not present.

WILLIAM FREDERICK NIOHOLLS . I keep the Maynard Arms, Crouch End—about 10 days before last Easter Wood applied to me for the situation of barman—he said his last employment was with Mr. Humphries, of the George, Deptford, for five months, and that he left because there was not sufficient trade—Mr.Varty went and saw Humphries, and after his report to me I engaged Wood on the 15th April—after he remained a week Humphries came there and I complained to him that Wood was very much given to drink—he said he was very sorry—he thought it a great pity that a young man should drink in that way.

Cross-examined by Wood. You gave me a week's notice—you only had too much drink once, when you went out for two hours.

GEORGE VARTY . I am related to Mr.; Nicholls—at his request I went and saw Humphries at the George—I asked how long Wood had been in his employment—he said about eight months—I asked the cause of his

leaving—he said he was going to bring some of his own family into the bar and he would not require his services any longer—I asked if he was honest, sober, and industrious—he said he was all three—he mentioned nothing about his having been with Mr. Elmey or Mrs. Williams or Mr. Young—I reported to Mr. Nicholls—a week afterwards I saw Humphries there, and I introduced him to Mr. Nicholls, and I heard him complain to him of Wood's giving way to drink.

WILLIAM RIDLER . I keep the Golden Lion, Copenhagen Street, Islington—Wood was in my employ six weeks and three days, from 20th June to 6th August, 1877—he came into my service from some one, not Humphries.

WILLIAM CHAMBERLAIN (Re-examined). I took Wood into custody on 20th September, 1878, at Baker's Road, Peckham—he was then out of a situation—I said "You are charged with being concerned with a man named Humphries with obtaining situations by means of false characters with intent to defraud"—he said "No one can say I have not been with Humphries; I have been there many times"—I said "I believe you have been at the Victoria in Farringdon Street"—he said "Yes"—I said "You ran away from there"—he said "Yes; I asked for leave to go away, and when I got away some advised me to keep away and some not, and I thought it better not to go back. I saw my name in the paper in connection with Humphries"—Humphries had been up before the Magistrate at that time;

Cross-examined by Wood. You told me you did work for Humphries on and off.

EDWIN HENRY MASKELL . My father keeps the Victoria public-house, Charterhouse Street—on 24th August last Wood applied for the situation of under-barman—he said he had been in his last situation, at Mr. Blackman's, at the Sash and Cocoa-tree, Wilson Street, Finsbury, five months, and had left to make room for the niece—after seeing Mr. Blackman I took Wood into our service—he left on 16th September—I did not know he was going—next morning I went to 31, Brockelhurst Street, Peckham New Park, the address he had given me—he was not there—I met him accidentally on returning to New Cross Station—I asked him why he had neither written or come back—he said his mother was very ill and he was veryunwell himself—that he could not return, and that he had written a letter to that effect that morning—during the time he was in our service the takings fell off considerably, from 10l. to 167. a week.

BERTHA MARSHALL . I am the wife of Adam Marshall, of 31, Brockelhurst Street, Peckham—Wood came to live there on 24th June, 1878, and left on 29th August—he came again on 16th September and stopped all night, and went away next day—he said he was coming back that night, but he did not.

EDMUND DOWNER HOARE . I keep the Star, Aldersgate Street—a day or two before 10th December, 1877, Kate Condon applied for the situation of barmaid—in consequence of what she said I went and saw Humphries at the George—I asked him if the girl was honest, sober, and cleanly, and how long she had been with him—he said six months—on entering he held out his hand and asked how I was—I said he had the advantage of me—he said "Don't you recollect I used to serve you when I was at. Rose's?"—he said Condon was leaving because he was not in want of a barmaid—she entered my service on 10th September—she remained a fortnight.

EDWIN HORNE . In March, 1878, I was manager of the Rodney's Head, Old Street, St. Luke's—on 26th March Henry Dobell applied for the situation of barman—he referred me to Humphries—I went and saw him at the George, and he gave me a very good character of Dobell—that he had been with him ten months and was a persevering, industrious young man—he was sure he would suit me—that he was leaving because he had not sufficient work for him to do—Dobell remained with methree weeks—I discharged him at a moment's notice.

Cross-examined by MR. PURCXLL. Mr. Day, the proprietor, took him back afterwards.

Re-examined. He remained a fortnight longer—I then discharged him again, and gave him a week's money in lieu of notice.

GEORGE LILLEY . I keep the Balham Hotel at Balham—about the end of last March I engaged a young woman named Mary Pearson as barmaid—she referred me to Mr. Humphries as her last employer, and said she had lived there eight months—I went and saw Humphries—I asked him how long she had lived there and why she left—he said about eight months, and left because he had not employment for her—I asked if she was honest and an early riser—he said "Yes"—I engaged her on 4th April and she left the last week in May—while she was there Humphries came there two or three times as an ordinary customer.

JAMES GOBEL . I keep the Crown and Thistle, Haymarket—about the beginning of June, 1878, Frederick Weeks applied for a situation as potman—he said he had been last with Mr. Humphries about 10 months—Humphries came to the bar and Weekes pointed him out as his old master—I asked him what character he could give the man—he said he was sober, honest, and all that could be desired—I asked how long he had been in his service—he said 10 months—I took him on that recommendation—he was with me about three months—I then discharged him.

JOHN MAYNABD . I keep the Prince of Wales, Hart's Lane, Bethnal Green—previous to 22nd November, 1877, Ball applied for employment as potman and barman—I asked where he had been last living—he said with Mr. Humphries, at the George, for several months—I went and saw Humphries—he said Ball had lived in his service about 10 months, and was sober, honest, and industrious—that he left because trade was slack, and he wished to better himself, and he got a boy to do the work—Ball was in my service about three weeks—he then went away, saying his mother was ill at Lynn—he behaved very well in my service.

Cross-examined by MR. PURCELL. I afterwards gave him a character to Mr. Hunt.

THOMAS HUNT . I keep the Duke of York, Queen Street, Edgware Road—about the middle of January, 1878, in answer to an advertisement, Ball called and applied for a situation as potman and barman—I had three references with him—one from Humphries, one from Mr. Maynard, and one from Crangle, of Tottenham Court Road—I wrote those down from his dictation—he said he had been seven months with Humphries—I first went to Crangle's, but found he had left—next morning I went and saw Humphries—I told him I hadcalled about the reference of William Ball—he did not seem to recognise the man, or to understand me for some time—after giving a description of the man, he said "Oh yes, I remember him"—I asked why he left—he said he used to carry out beer inthe

Docks, and he thought he would like to do something better, as he lost money by it—that was the reason Ball had given me—I asked how long he had been there—he said seven months—he did not mention his having given a character of Ball to Mr. Maynard—I wrote to Mr. Maynard, and had a first-class character of Ball from him—he entered my service on 15th January, and remained there about six weeks—he went out for a day and stayed away a week, and I would not have him back again.

JOHN MCINTYRE . I am a warder at Coldbath Fields—Ball had an engagement there from January 8th to October 6th—the nine months would have been up on the Sunday; he went out on the Saturday.

WILLIAM CHAMBERLAIN (Re-examined). On September 13th I took Ball into custody on a warrant—I told him the charge was conspiring with Humphries in obtaining a situation with intent to defraud—at first he did not remember; then he said, "Well, it is quite correct; I am very sorry; I am here as a potman, trying to get an honest living. It is quite correct about Mr. Maynard." Humphries and Ball received good characters.

Wood's Defence. I worked for Mr. Humphries, on and off, 10 months. If I went to a situation and did not like it, I came back to him till I got another.

GUILTY . HUMPHRIES— Two Years' Imprisonment . BALL GUILTY(strongly recommended to mercy by the Jury)— Six Months' Imprisonment . WOOD— Eighteen Months' Imprisonment .

Reference Number: t18781021-916

916. DAVID O'DONNELL (50) PLEADED GUILTY to unlawfully obtaining money by false pretences.— Twelve Months' Imprisonment .

There was an indictment against the prisoner for forgery, upon which no evidence was offered.

Reference Number: t18781021-917

917. THOMAS GOULTY (29), WILLIAM HARDING (30), JAMES PALMER (27), and WILLIAM PARKER, alias CLARKE (36) , Stealing a roan mare and a saddle and bridle, the property of Charles Rackham Gilman.

MESSRS. POLAND and STRAIGHT conducted the Prosecution; MR. FULTON appeared for Palmer; and MESSRS. TAMPLIN, LYON, and HORACE AVORY for Harding. WILLIAM EDMUNDS. I am the son of William Edmunds, who has stables at 8, Chester St., Kennington Lane—on June 1st he let a stable to the prisoner Palmer—there were two stalls and a yard in which carts and horses can stand—there is a gate to it, which is closed at night—I used to see Palmer, Goulty, and Parker there—Parker employed me to groom the horses after the beginning of August from time to time—Goulty groomed the horses too, and used to ride and drive the horse at times—I never saw Harding there—Parker told me that Palmer had met with an accident on July 6th, but I afterwards found out that the accident was being taken into custody—there was a roan mare in the stable at that time, which was brought on a Thursday night, and a bay horse or mare—Parker told me that the gate was fastened, and they had to jump over, and he opened the gate and brought the horses in, and that he had been to Wales and brought the roan mare from there—the bay was a darkish one, that was the animal that Palmer took out on Saturday morning as he was arrested in the evening—I never heard Goulty's name; I did not hear him called Tit till he was at the police-court—I did not see him

at the stable on the Friday before the Saturday when Palmer was taken in custody—Goulty told me that he was working for Mr. Palmer, and used to do down at the other stables; he did not say where they were on the Sunday after Palmer was arrested Parker came there to groom the bay horse—the roan mare that he brought from Wales was there at the time—I have seen Parker take out other horses and mares and bring them back again—from August down to this taking place I have seen another chesnut and a rattailed bay there from time to time. Cross-examined by Goulty. I have seen you go out of the street with a horse which Palmer has brought back—he has told me that you were his man—on July 3rd you cleaned the stable, which made a great stink, and I did not see you there for a week afterwards. Cross-examined by Parker. I first saw you on a Sunday after the roan mare and the bay mare were there—you employed me, but you came on Sunday to feed the horse—you said you could do it up—I was not working for you when you employed two men—you told my father that you and Palmer were brothers, but I did not hear that. Re-examined. I did not know Palmer by any name, but I thought he was Parker's brother—when Parker came on the Sunday, the day after Palmer took away the bay mare, the roan mare was in the stable, WILLIAM EDMUNDS. I am a cabinetmaker, of Edward Street, Kennington Lane—at the beginning of June I had some stables to let and let them to Palmer—he never gave his name—I asked him for a reference, and he said that if he paid a week's rent in advance that would do—I was satisfied, and he paid me four shillings for a week's rent—he said "Sometimes I shall have things here and sometimes not"—I saw him at the stables several times, and—Tit also—I have never seen Harding—I cannot say that I know Parker—Palmer paid the rent for about two months, and when he did not come to the stable Parker paid it to the best of my knowledge, but he had no whiskers or moustache—I knew him by the name of Parker—I first saw the roan mare there on a Friday morning—Palmer told me that when they came in at night let got over the rails and broke some of the railings down to get the mare in—Goulty is Tit.

Cross-examined by Goulty. I knew you were, backwards and forwards at work for Palmer occasionally—Palmer said I and Tit have been down to Wales and bought some horses, and Tit got over the palings and got in—you did not deny that—you may have been there between 3rd and 11th July, but I was never at home, my business is out of doors—I never saw you bring horses there, but I have seen you go out with them.

Cross-examined by MR. FULTON. I am the father of the last witness—my son was present at the conversation on 3rd July, at 10 a.m. when Palmer and Goulty were both in the yard—Palmer said not that he got over the gate, but that Tit got over.

By the COURT. Tit told me that Palmer and Parker were brothers by one mother, but not by the same father.

JOHN GRAY . I keep the Haveringland King's Head, near Norwich—on 27th June, about 7 o'clock, Goulty and Palmer pulled up in a gig at my house—Goulty, who had been in my service some years before, said "I want to feed my mare and stop the night here; you don't know me"—I said "Yes, I do; I recollect your being in my service"—the mare

was put up, and they came and had supper, after which Goulty said something about going to see his father and mother at Horsford, which is about two and a half miles off, and went away—Palmer slept at my house, and remained all the next day—they said they had been a devil of a long journey, and the mare was stiff and sore—in the evening Goulty came back—he had worked with me as a lad, and went by the nickname of Tit—I dealt in horses, and he assisted me—on Saturday, the 29th I drove Palmer in my trap to Norwich, and I believe Goulty went by the carrier's cart—I put Palmer down at Norwich market, and in the course of the day saw him with Goulty—I went back alone—on Sunday, June 30th, Palmer came back and slept at my house, and on Monday morning, 1st July, Goulty came, and we all three went to Reepham Fair—Palmer went away the same night with the gig and mare—Goulty left us at the fair, and I did not see him again—Goulty said that he lived at Bramber, and Palmer said he lived at Newmarket.

Cross-examined by Goulty. I cannot say whether you called Palmer your master—you were a very good lad when you worked for me—you left me about sixteen years ago.

Cross-examined by MR. FULTON. There are a number of fairs in my neighbourhood—I do not know that Peterborough horse fair was on 25th and Cambridge on 26th June—Peterborough is a long distance from my house, and a horse driven from there would be likely to exhibit the signs I saw on this horse.

CHABLESPLUMB. I am a horse dealer of Red Lion Yard, Norwich—I know Goulty and Palmer—I saw them standing against Mr. Gray's house on the day of Reepham fair—I was driving a blind horse—I drove up to them and said, "Good morning," and one of them asked me if I would chop my blind horse for a chestnut mare which they showed me, but we did not come to terms then, but next morning Palmer brought her to my stable and offered her for sale, and I gave him 7l. and an old pony for her—he said, "I chopped for her in Wales"—she laid in my stable and looked very tired and stiff, and her shoulders were sore—she looked as if she had come a long journey—he left with the pony in his trap about midday on 2nd July—I never saw Goulty except at Grays—I kept the mare in the stable three or four days, and then turned her out on the marsh, and on the following Tuesday she was in the hands of the chief constable—I have never had her back.

Cross-examined by MR. FULTON. I did not understand Palmer to say, "I chopped with a man who brought her from Wales"—I am not prepared to say that he did not.,

WILLIAM FULLER . I am coachman to Charles Rackham Gilman, of Stafford House, Albemarle Road, Newmarket, which is about a mile from the market place at Norwich—going from Norwich you can go by where Mr. Gilman lives, through Colney to London—on the night of 2nd July about 10.15 I fastened up the stable where there was a roan mare with a curly tail, in a loose box—I valued her at 150l.—I missed her next morning at 5.30 and found the stable door broken open, and the gate open—I also missed a saddle and bridle—I informed the police, and on 3rd August the mare Was returned by the chief constable—her shoulders had been pulled—I do not know the prisoners.

WILLIAM DRAPER . I live at Colney, which is five miles from Norwich on the London road—on 2nd July at 10.30 p.m. I had a dark chestnut

mare in my possession belonging to my uncle William Makens—next morning at five the groom called me and I missed the mare—I got her back on 13th July from Rix—I value her at about 55l.—when she came back she was cut up a little bit—her legs had been worn.

WILLIAM SPARROW (Policeman N 110). On Saturday 6th July I took Palmer into custody in Hackney Road for driving a chestnut mare furiously and assaulting me—I took the mare to the green yard—he said that it was his own—he was taken before a Magistrate, and sentenced to a month's imprisonment with hard labour—a constable from Norfolk came and identified the mare as Mr. Watkins's and I gave her up to him—Palmer gave his name as Anderson, and I think he said 29, Lancaster Street, Borough.

HENRY RIX (Norfolk Constabulary), On 8th July I received a chestnut mare at the greenyard at Hoxton—I took her to the County Police, and on 13th July she was given up to the owner at Colney.

CHARLES CRASK . I am a jobmaster at Sutton—I have known Harding some time, he lives in the next parish—I never employed him—on 19th July he came to me withtwo other persons—Goultie is the same height and appearance as one of them, and to the best of my belief he is the man, and Parker is the other—Harding beckoned me out of my yard and said, "I have got a mare for sale"—I said, "Who are these men?" he said, referring to Parker, "He is a friend of mine"—they had a roan mare with them—I said to Parker, "What do you want for her?" he said "45 guineas"—I ultimately offered 30 guineas—she moved pretty well but very sluggishly—she seemed to be tired and she was thin—Harding then said, "You two had better take a walk"—that was to see if we could come to a deal—we took a little walk, and I said that I would give 33 guineas—I paid 21l. that day (Friday) to Parker, and the balance on the Monday—he said that he had had the mare 8 or 9 months—one of them said that the mare belonged to an old gentleman in whose service Parker had been—Parker said that he was selling because he wanted ready money to pay for some things which he must pay for on Monday before 12 o'clock—they were with me half an hour—I put the mare into my stable and afterwards gave her to Inspector Wildey—on the following Monday Parker and Harding came again—I paid the balance to Parker, that was before I got the mare up—when I bought the mare on the Friday Parker mentioned that he had a chestnut horse for sale, and on the following Thursday he came alone, and brought a light bay horse with a rattail—he asked me 40l. for it, and I gave him 39l. 10s., but not in cash—I gave him 8l., 2 horses, one of which I valued at 10l., and the Other 18l., and a brougham at 3l. 10s.

Cross-examined by MR. LYON. I have known Harding 18 months—I have heard that he is in the service of a Mr. Duncan, jobmaster, of Carshalton, a respectable man, but was out pf work with a bad foot—I keep 6 horses—about 2 months before this I asked Harding if he saw or heard of a horse that would suit me, to let me know, but he never brought one before this—I very likely offered him something for his trouble—these men came in a phaeton—there was not a third man in a cart—I said at the police court "The men in the vehicle apparently acted as master and servant"—Parker alluded to Goulty as his servant—Harding spoke to me first—he said, "I have brought you a mare"—Parker and the vehicle were 10 yards off—Parker afterwards got out—I had no conversation with Harding about the price of the mare, it was all with Parker—

we went for a drive before we had the conversation—I said to Harding, "Whose mare is it?"—I don't think I said at the police-court, "I did not contract with Harding for it, I did not ask him whose it was"—I supposed it to be Parker's—Parker gave me his card, not paying the full value until the Monday I took that as a warranty—I thought I was paying the full value for the horse for my work—Parker told me he had bought rather heavily at a sale at Clapham, and wanted to make up the money—Harding was then close by—I dare say he could hear it—I promised Harding a sovereign for his trouble—I did not tell him to call for it on the Monday—he did call on the Monday, but not with Parker—they left together—Harding may have come about 10 a.m., Parker came about 12—I don't remember Harding asking me for the sovereign—I did say "If you will wait a week I will make it 30s.," but I can't say when he said that I ought to give him 30s.—I had to send my wife to London for the money to pay, as I was not very flush at the time—I have not paid him the sovereign yet—he came several times for it—we had some bread and cheese together while my wife went to London to get the money—when Parker came on the Monday he offered to buy the roan mare back, and to give me a considerable profit on my bargain, which I refused—I did not ask him where he got her from, or what he had paid for her—I did not ask for a warranty with the second horse, because I had heard his character from Harding, who said that he was an adopted son of the gentleman at Clapham, whose name I did not hear—my wife was present; I cannot say whether she heard that—he gave me as a reason for disposing of the horse that he had come into property by the death of this old gentleman, and yet he said he was obliged to dispose of the horse because he had overbought himself.

Cross-examined by Parker. You did not say you had relations in Clapham, but Harding did—I did not see a horse and cart stopping at a public-house—you did not say "Who is that man?"—you did say "That man recommends me to you to sell you a horse"—you did not tell me that he brought you down to recommend you—you did not go across to the public-house before I paid you the money to the man with the horse and cart—I wish I had never known you—I have lost my money.

Re-examined. Parker gave me this card—"J. W. Parker, 292, Kennington Road, S. E., near the Cross."

ELLEN CRASK . I am the wife of the last witness—on 19th July Goulty, Harding, and Parker came with a roan mare—Harding spoke first to my husband—he said, "Are you a buyer of horses? This gentleman (referringto Parker) has a horse for sale"—Goulty drove the horse up and down while my husband and Parker watched it—my husband then got up and drove—I saw Goulty and Harding talking together very quietlywhile my husband and Parker were driving—I said to Harding, "What do you know of this gentleman?"—he said, "He is a friend of mine; I knew him when I lived at Clapham"—I said, "What is he?"—he said, "He is the adopted son of a gentleman, who died and left him all his money"—I said, "He is a lucky one; I am afraid we shall never have nothing, only what we work hard for"—he said, "The gentleman (alluding to Parker) must have some money. He has been to a sale, and has bought a quantity of things"—that was why the horse was to be sold—I said to Goulty, "How long have you lived with the gentleman?"—he said, "About 12 months," and that it was a good horse,

and one that would do a little man service—I said, "We don't want to lose money by buying the horse"—he said that if he called again we should be pleased, and would give him a good dinner—I said, "I shall only be too pleased"—Goulty said, "I have often seen my missus with tears in her eyes; she will be in a way when she finds he has sold the mare"—I said, "Where do you come from?"—he said, "I come from Essex"—I called his attention to the mare having a sore place on her shoulder, and asked him how it came there—he said he was in a hurry one morning to get out and put the wrong collar on—I said, "What, have you another horse besides this?"—he said, "Yes; he has a bay horse at home; a better horse than this"—I understood that the gentleman had died at the Cedars at Clapham, where the sale was—on the following Monday I went to the bank to get some money, and when I got back I found Harding and Parker there—the balance was handed over to Parker—I had no conversation then, as they were anxious to get away to pay some money at 3 o'clock for the things at the Cedars—a few days afterwards Parker brought a bay horse, and on the next day Harding called and said, "Has that gentleman been again?"—I said "Yes," and that my husband had bought the horse—Harding said, "I have been waiting at home for him all day"—when Parker came the bay horse was in a dreadful condition, and the yard was one mass of steam—it had been very badly used—that was about 12 o'clock—my husband had it put in the stable at once, and gave it a good feed of corn.

Cross-examined by Goulty. I am sure you are the man that brought the horse—you were not dressed as you are now, and you had not so much hair on your face.

Cross-examined by MR. LYON. All the conversation took place outside our house—Parker was then away with my husband driving the phaeton—I did not see a cart there as well—I was there at the very commencement of the interview when Harding beckoned to my husband, and I saw him go down—Harding said, "He has been to a sale and bought a lot of things, so I am given to understand"—when my husband came back he made inquiries about who Parker was—I was not examined at the police-court.

ALFRED DUNN . I am a butcher of Carshalton—Harding called on me about the middle of July—I had told him that I should be in want of a horse—he said that a gentleman had brought down a very good horse for x sale—I said, "I have enough bad luck in the stable now; I have two ill; I will buy no more," and he went away—he knew that my horses were laid up—he used to dress them—he called again that evening, or next day, and said "Mr. Crask has brought the mare I spoke to you about; you ought to have bought it, because the gentleman will very likely send it back again, and you would have got something out of it."

Cross-examined by MR. LYON. I live in the same village as Henry—he is the son-in-law of Mr. Duncan, and is in his regular employ.

JOHN HEYWOOD . I am groom to Mr. Gilhardt, of Cornwall Gardens—he has a farm at St. Ann's Road, Stamford Hill—on 24th July he had a light bay horse with a rat tail safe in a field between 8 and 9 p.m., and next morning between 6 and 7 I missed it, and gave information to the police—I got it back on 2nd August from Inspector Wildey—it was worth over 100l.

WILLIAM SMITH . I live at Hope House, Brixton Road, and am foreman to John Paddy, a corndealer, who had a chestnut mare safe in the

stable on 24th June at 11 p.m.—about a quarter to 1 a.m. I was awoke by hearing the yard gate go—I looked out and saw the tail of a horse going out at the gate—I ran down as quick as I could, but the mare was gone—she was brought back on 25th July by William Sadler, one of our carmen—she was worth 30 guineas—I also missed a bridle, a saddle and a rug and a dandy brush.

WILLIAM SADLER . I am in Mr. Paddy's employ—on 25th July I went to Norwich and received from Hitchman, the chief constable, a chestnut mare, which had missed from my master's stables, and brought her home.

WILDEY (Police-Inspector). I got the roan mare from Mr. Crask at Sutton, and gave her to Mr. Hitchman, the Chief Constable of Norwich—the chestnut mare which Palmer was riding when he was taken into custody I gave up to Rix—I also received a light bay with a rat tail from Mr. Crask, and gave it up to Mr. Gilhardt's coachman—I took Palmer as he was leaving the House of Correction on 7th August—he had had a month on 6th July—I told him he would be charged with stealing horses from various parts of the country—he said that he knew nothing about it.

ROBERT HITCHMAN . I am Chief Constable of Norwich—I got Mr. Paddy's horse, which was restored to him, and a roan mare, from Inspector Wildey, which I handed over to Fuller.

WILLIAM CHAMBERLAIN (Police-Inspector L). I took Harding at Carshalton, and charged him with being concerned with two more, on July 2nd, in stealing a mare and selling her to Mr. Crask at Sutton—he said that he was with two other men who were introduced to him and sold it, but he could not remember the name—I mentioned the name, and he said, "Yes, that is the man"—I said, "That is a different statement to what you made when you sold the horse"—he said, "Yes; I know it is. I was present, but never knew the men before. All that I had out of it was a sovereign, and I gave half to the other man."

Cross-examined by MR. LYON. The name of the man I mentioned was Harris—he told me the street where he lived, and Harris did live there, no doubt—I have tried to see him, but have not been able.

GEORGE WALDOCK (Detective L). On August 2nd, about 7 a.m., I had a stable, in Edward Street, Kennington, under my observation, and I saw Goulty riding a black horse—he slipped outside the stable (I had seen him the day before, leaving the stable driving a gig and the same black horse)—I went up to him and told him he was wanted for being concerned with a man in stealing Mr. Paddy's horse at Brixton—he said, "All right, let me get off the horse"—he pretended to get off on one side, and then jumped off on the other and ran away—I followed him, halloing out, "Stop him!" and he was stopped—when I got hold of him again, he said, "All right, I know all about it. A man came round to me and asked me to go with him. The horse was soldat Norwich, but I did not sell it"—I took him to the station, and afterwards went back, searched the stable, and found the brougham; I mean a thing which will open and shut, with a hood; and four sets of harness, a saddle and bridle, a bay horse, three horse-collars, a nosebag, and a bellyband—I assisted in taking Parker at midnight on August 2nd, at the same stable; he came home with a gig and a dun horse in it, which has since been identified by Mr. Wise—he had this jemmy (produced) up his sleeve, and raised it to strike me, but he was prevented by Sergeant George, and

the jemmy dropped on his toes—he said, "I am not the man you want if you had waited five minutes longer you would have seen the man come home who was with me."

Cross-examined by Goulty. I did not say "Are you the man they call Tit?"—I did not know that that was your name.

JOHN WISE . I am a farmer at Elston in Hertfordshire—on 1st August about 9 p.m. I had a dun horse safe, and next morning at 6 o'clock it was gone—my man afterwards identified it, and I got it back.

Goulty's Defence. Mr. Palmer knows that I only work for him. I know nothing about the dealing. I have only sixteen shillings a week.

Parker, in his defence, stated that he had, been in the habit of having horses sent to him to sell, and that if he always asked whether they were stolen he should never get any custom; that men brought him horses to sell, but as soon as he was taken it was time for them to go; that after selling one of the horses he called again a fortnight afterwards, which he should not have done had he known the horse was stolen; and that he was unable to find the man who brought them to him, and that Tit worked for him, and he paid him twenty-five shillings a week.

HARDING received a good character NOT GUILTY. Goulty received a good character, but Sergeant Brightman. K, stated that he had been before convicted. GOULTY, PALMER, and PARKER— GUILTY .They were also charged with previous convictions at this Court—Goulty in April, 1872; Palmer in May, 1873; and Parker in October, 1869, to which they all PLEADED GUILTY. GOULTY— Seven Years' Penal Servitude . PALMER— Ten Tears' Penal Servitude . PARKER— Fifteen Years' Penal Servitude .

Reference Number: t18781021-918

918. WILLIAM HARDING was again indicted (with GOULTY , PALMER , and PARKER ) for stealing a black mare, two sets of harness, and other articles, of Edward Aldridge.

MESSRS. POLAND and SLEIGH conducted the Prosecution; and MR. LYON the Defence. RICHARD WALDHON. I am farm bailiff to Edward Aldridge, of Chapel Farm, Bucks—on 27th May, at 7 p.m., I had a black carthorse, a black mare, a dung cart, two sets of harness, a saddle, a bridle, and two nosebags, safe—I was called next morning at 4.30 by one of the carters, and missed them—I have since seen the nosebags and identified them, also a horse-collar and bellyband.

WILLIAM HEBBES (Bucks Constabulary). On 28th May I was on duty in High Street, Slough, with Sharpe, and saw the prisoner Harding driving a dung cart with two black horses, and half a load of hay, from Burnham towards London—I had never seen him before to my knowledge—there is a very awkward corner there—I asked Sharpeto turn his light on, which he did, and kept it on about a minute and a half—the horses tried twice to turn at Church Street, but were pulled back both times—Harding called out "Come hither way" and smacked his whip—that is a common expression to horses in those parts—I next saw Harding outside Lambeth Police-court on 28th August, and afterwards saw him inside in the dock.

Cross-examined. It was not a very dark night—I do not know how far Slough is from Carshalton, but it is twenty-one miles from Hyde Park Corner;—I only saw one man in the cart—I did not look at him for the purpose of identifying him, as I did not know there was anything

wrong—if the horses had walked quietly I should not have noticed it.

THOMAS SHARPS (Bucks Constabulary 89). I was with Hebbes on 28th May at 1.30 a.m., and saw Harding driving a cart drawn by two black horses—I turned my lamp on him—he said "Come hither way"—I only saw one man—I believe Harding is the man, but I had no particular reason for noticing him.

Cross-examined. I had never seen him before, and had not heard of anything being stolen until the next morning—he had a pilot coat on, and a billycock hat, but nothing round his neck—I next saw him on 5th September driving past Kennington Lane Station.

CHARLES TREVENER (Sergeant Bucks Constabulary). I was on duty at Colnbrook, and saw a man sitting on the front of a cart with his head down as if he was asleep—I went up to him, he turned his head and looked me full in the face, and I have no hesitation in saying that it was Harding—I had never seen him before—he had a scarf round his neck, and wore a white slop, a pilot jacket, and a soft billycock hat which came down to his eyebrows, I could see part of his forehead—I next saw him at Lambeth Police Court when he was out on bail.

JOHN GALLYER (Policeman L 199). I know the stable at Kennington—I have seen Goulty, Palmer, and Parker there—about 6.30 a.m. on 28th or 29th May I saw a dungcart there—I suppose it had just arrived—Palmer and Goulty were then there—I saw the cart taken away two or three days afterwards by one black horse—some loose hay was in it.

Cross-examined. I did not see Harding till he was at the police-court.,

GEORGE WALDOCK (Detective L). I searched the stable in Waldon Streetand found the articles which have been identified.

Witnesses for the Defence.

TOM DIXON . I live at Carshalton—on the evening of 27th May I wanted a trap to go to the Derby, and went to Mr. Duncan's stable to order one about 9.30, certainly not earlier—I stayed there quite half an hour, and for the first quarter of an hour I was talking to Mr. Duncan about a black horse which I had jobbed to him—I said "I should like Harding, to drive," he said, "You will find him in the stable"—I went there and found him with his sleeves turned up cleaning a horse—the clock then struck ten—I have many, reasons for remembering the date, one is that I was late in the city, and went by a different train, also that I had an invitation from some friends to go to the Derby, and can fix the date by their letter.

WILLIAM PARKINS . I am a carriage painter of Carshalton—I recollect 27th May, because I was summoned to Croydon for keeping a dog without a licence, and was fined 25s.—I had made a shilling bet with Harding in the morning that I should get off, and I lost it. and in the evening I went there, and he was just coming in with a trap—Mr. Dixon came in at the same time, and I walked away and went to the Swan to have a glass of ale; and just as I was coming out Harding said, "Halloa, Bill, you owe me a shilling"—I said, "Yes"—he said, "Pay me, and I will stand a glass of ale"—we had to drink it very quick because it was striking 1l.

JAMES EAGLE . I am a coachman in Mr. Duncan's service—I went there on the evening of 27th May, and remember Parkins coming in—I was at

work when Harding and Mr. Dixon were there, and till 10 o'clock—Harding left the stable soon after 10, and I saw him again in the road after 11 o'clock, and spoke to him—I went to work next morning at 10 minutes to 6 o'clock—that was just before the Derby, and it was a very busy time—Harding was then at work in the usual way, and I said, "What! are you here first?"

EMILY DUNCAN . I am a daughter of Mr. Duncan, the jobmaster—Harding is my brother-in-law, and drives for my father—I keep my father's books—these leaves are my writing, they were cut out and affixed to the depositions at Kennington—here is my entry on 27th May, showing that Harding drove Mrs. Langford out in the day time, and drove out again in the evening, and that on 28th May he drove Mrs. Hay to and from Cheam, and then drove Mrs. Leach for two hours in the afternoon, and then he drove Captain Weller to Wallington station, to catch the 8.40 train.

NOT GUILTY .

Reference Number: t18781021-919

919. WILLIAM HARDING was again indicted (with GOULTY , PALMER , and CLARKE ) for stealing one bay horse, the property of Herman Gilhardt, upon which MR. POLAND offered no evidence.

NOT GUILTY .

Before Mr. Recorder.

Reference Number: t18781021-920

920. HENRY KEEN (20) and JOSEPH THOMAS BEVAN (28) , Stealing 79 quarts of milk of Robert Martin, the master of Keen.

MR. BESLEY and MR. RAVEN conducted the Prosecution: MR. PURCELL

defended Keen; and MESSES. MONTAGU WILLIAMS and FULTON defended Bevan.

THOMAS AMEY . I am a farmer, residing at Petersfield, in Sussex—I send milk every day from Petersfield to London in churns, by railway, to Waterloo station—this (produced) is one of the churns—parchment label is tied on to the handle with the name of the consignee on, as well as my own name—the churns are sealed and tied with string—the lid cannot be lifted without breaking the seal—I have three customers, named White, Wilson, and Champion—I warrant themilk to be pure when it arrives at Waterloo—my customers take it from there—on July 19th I consigned milk to these three customers—I have no connection with Mr. Martin—the train arrives at Waterloo about 10 p.m.—I also sent six churns of milk on August 15th and 16th by the same evening train, and consigned to the same customers, two to each—we never let the milk go without testing—I never remember any being sent back again by my customers.

Cross-examined by MR. PURCELL. I also send condensed milk to Waterloo Station.

Cross-examined by MR. MONTAGU WILLIAMS. I send the same quantity every day.

Re-examined. Martin has the condensed milk; others have it sometimes—the churns are not always full; they contain the quantity ordered—my three customers do not have the condensed milk—water would be added to the condensed milk before being sold, but not in the street—I have seen condensed milk at Martin's place, and understood he prepared it for sale.

HENRY JUPE (Detective L). I was on my ordinary business on July

19th last, about 10.30 p.m., when I saw Keen draw up to the Ordnance Arms, in the York Road, with a van containing churns of milk—directly afterwards I sawBevan come up with a horse and cart—Keen came from the direction of Waterloo Station; Bevan, I think, came from the Westminster Bridge Road—Bevan backed his van within six feet of Keen's cart—two men were in Bevan's cart: they all got down—one man stood at the corner of the public-house—they then took down the tailboard of the cart, and Keen and Bevan carried a churn from Bevan's cart and placed it on the footboard of Keen's van; it appeared to be heavy from the way they handled it—Keen then got into the van and took off the lids of the churns—Bevan came off his cart and handed a can similar to this, and that was filled with milk from the churn with a ladle—the churn was then handed to Bevan, who took it to his cart, and poured it into a churn there—there were two churns in Bevan's cart, one was taken out and one was left behind—the can was brought back again and refilled from a different churn—there were about six—that occurred three times—they then fastened up the van and carried the can back from the footboard to Bevan's cart—all three men went into a public-house—I went into another compartment, where I could see across and called for beer—I saw Bevan give Keen some money—each prisoner then got up into their carts and drove away in different directions—I followed Bevan as far as Battersea Park, and then lost him—on the 16th August, about 10.30 p.m. I was with Masey and Nelson—we saw Keen drive his van towards Waterloo Station with six churns in it—it was brought to a stand in the York Road, and Keen went into a public-house and had some drink—he came out again, got up into his van, and drove on to the Ordnance Arms—I then saw Bevan drive up with his cart—I turned a corner—I saw the tailboard taken down and Bevan hand Keen this can—I saw him fill it with milk from the churns and hand it to Keen, who poured it into a churn in his cart—it was returned again by Bevan to Keen and filled and returned and poured into a churn in the cart—we went up and took Keen into custody—I said, "What are you doing here?"—he was on the footboard—he got 'down, and said that it was his own milk, and that he had a right to sell it, he could do as he liked with it—I said, "I do not believe you, you are an employe of Martin"—he said, "That is right"—I said, "You have no right to sell milk, and I shall take you for stealing it"—he asked me to allow him to get on the van and put the lids on the churns—they were all off but one—I allowed him to get up, and he put his knees and pushed the water over on to both of us, and told me I might go to b——y—I have no doubt that can contained water, about three-parts full—the seal on the sixth can was not broken, the others were—I examined the churn in Bevan's cart—there were twenty-two quarts of milk.

Cross-examined by MR. PURCELL. I have not said that Keen "kicked" the can over, I said "pushed."—the Ordnance Arms is in one of the chief thoroughfares to Waterloo Station, and many carts call there—I have seen milk served in the street—the Metropolitan Dairymen's Association prosecuted at the police-court, but did not appear here on the last occasion.

Cross-examined by MR. MONTAGU WILLIAMS. I was present at the last trial, and heard Martin examined—Bevan is a milk-dealer on his own account—I know Champion—I do not know that Keen sold milk for him—I heard Martin say so—Bevan's shop is near Clapham Junction.

RICHARD MASEY . On 15th August I was at the corner of the York Road—I saw Keen driving a four-wheel van, and Bevan with a two-wheel cart behind—they went over Westminster Bridge—I followed them to Whitehall Place—they stopped between the Duke of Buecleugh's and the Red Lion public-house—Bevan took an empty churn out of his cart and put it into Keen's van, Keen filled it out of the churns be had in his van, and while he was doing so Bevan west back to his cart and fetched a second churn—it appeared heavy—he put it into Keen's van—after Keen had put the milk into the empty churns it was given back to Bevan, who took the churn to the footboard of his own cart—the contents of the second churn was put into the churns in Keen's van—it appeared to be water, but it was dark—then Keen got down out of his van and assisted Bevan to put the churn of milk into his cart—Bevan then fastened up the tailboard of his cart, and the prisoners and another man went into the Red Lion public-house and had something to drink—when they came out Bevan drove towards St. Thomas's Hospital, and Keen towards Charing Cross—on 16th August I was with Jupe and Helson about 10.30 p.m. near the approach to Waterloo Station—I saw Keen coming from Waterloo Station, and Bevan came from the Westminster Bridge Road—Bevan whistled two or three times, as he did so Keen started his van on—Bevan got to the hoarding of the oab yard, turned round, followed, and overtook Keen's van—both stopped at the Ordnance public-house—I saw Bevan take a can from his cart and hand it to Keen, who filled it out of one of the churns with this scoop and handed it back to Bevan—it was put into a churn and filled a second time by Keen and handed back by him in the same way—Jupe, Helson, and I went up—Keen had one churn in his cart about three-parts full of milk, and another churn—there were 22 quarts there—I also saw the can turned over on the footboard of Keen's van, but I could not see how it was done—it contained water—there is some of it in this bottle—I took Bevan to the station—neither of the prisoners said anything to Me.

Cross-examined by MR. PURCELL. Some of the milk was taken to the police-court—we took cart, van, and all into custody.

Cross-examined by MR. MONTAGUE WILLIAMS. I mentioned the whistle before the Magistrate—1 believe my deposition was read out to me with it in.

JOSEPH HELSON . I was with the other two officers—I heard Bevan whistle twice and Keen drove on.

HENRY JOHN WHITE . I am a milk vendor, of 49, Chandos Street, Charing Cross—I have milk from Petersfield twice a day, night and morning, about eight gallons in each churn—I employ Martin to fetch the churns from Waterloo Station and take them back—I paid him 12s. a week—he provided horse, van, and man—I gave no oue authority to, open the cans—I do not buy condensed milk—the police fetched me to Kennington Lane Station, and I saw the two churns there—the seals were broken—they cannot possibly come undone unless they are tampered with.

Cross-examined by MR. PURCELL. I receive the milk personallyunless I am ill—we do not require so much milk in the latter part of the summer, when many customers go out of town—I have another churn, and sometimes one and a half of another man, besides these two churns twice a day—sometimes I instruct Amey not to send so much—I never told Martin or his men not to bring so much—they are carriers—I do not

know Martin is a milk-dealer—I do not know anything about him—I do not know where he lives even—he takes his money every fortnight—I have been in the trade 30 years—I do not know anything about condensed milk.

Cross-examined by MR. MONTAGU WILLIAMS. My milk is pure and unadulterated, and I have the pleasure of serving you.

CHARLES WILSON . I am a milk vendor of 14, Whitcomb Street, Parliament Street—1 employ Martin to bring my milk from Waterloo Station, two churns every night and sometimes two in the morning—I never gave him nor his men authority to take any nor to sell it.

Cross-examined by MR. PURCELL. The milk is delivered to me personally.

GRAHAM ELOISE CHAMPION . I am manager for my mother at 7A, Stafford Street, Old Bond Street—I buy milk from Mr. Amey, of Petersfield—on 19tn July and 16th August we had two churns—we employ Martin to bring it from Waterloo—he had no authority to open Mr. Amey's milk—we have what we require and return none.

Cross-examined by MR. PURCELL. I do not always receive it with my own hands—later in the summer we do not require so much—I have told the carriers to sell it, but not a portion, a whole churn—I have told that to Keen, not to Martin—I do not see Martin at all—I was not aware Martin dealt in milk—I know it now—I have not seen the condensed milk.

Cross-examined by MR. MONTAGU WILLIAMS. Mr. Martin has not asked me since the last trial whether I found the milk short.

HENRY JUPE (Re-examined by MR. PURCELL). I am not aware that the seals are so placed that when the cans are jerked down on the platform they frequently fly off—I heard Martin say so.

By MR. BESLEY. Martin said he had discharged Keen, and should not prosecute.

GUILTY . BEVAN PLEADKD GUILTY to a conviction for felony in October 1868.— Twelve Month' Imprisonment each .

Before Robert Malcolm Kerr, Esga.

Reference Number: t18781021-921

921. THOMAS ROBEET HODGSON (38) , Unlawfully publishing libel concerning Charles Henry Hodgson.

CHABLES HENRY HODGSON . On 8th April last a post letter was sent to my house, 22, Haslemere Road, and on that night I heard a violent knocking at my door, I was undressed—I looked out of my window and saw the defendant—on the following morning I found a bill like this one underneath my knocker, and also under every knocker—on 16th May my attention was called to a similar bill posted at Fenning's Wharf, where I am employed—I applied for a warrant at the Lambeth police-court, or 11th April, and since the 16th May I have been frequently annoyed by the prisoner—the insinuations of this bill are false.

Cross-examined by the Prisoner. I did not know you lived at 16, Cornwall Road—my wife saw you—I brought an officer six months ago—your brother was charged at Guildhall by me, and convicted for assaulting me and my wife—I have not accused another man—your brother at Waltham stow in February, 1877, tried to get your foreman to leave—a van of furniture was stopped at 12 at night by the police—I have not left my

house five times since April, 1877——I have not heard of a reward being offered for me—I do not owe you anything—I cannot produce the printer of this bill—the name is cut off the bill—I have not seen you showing the bills, I have seen other people with them.

CHARLES WILLIAM BAINES . I am an engine driver—on 16th May last I saw the prisoner post this bill on the wall at Fenning's Wharf, where I work, between 8.30 and 9.30 a.m.—this is the bill marked B—I tore it down, this piece first.

Cross-examined by the Pisoner. I can read the bill—some thick liquid like gum was on it, not paste.

(The bill offered a reward of 51. for information as to the removal of goods by Hodgson or his wife five times to evade an action.)

Witness for the Defence. MARY ANN HODGSON. I received two bi Is in an envelope by post—I don't known where they came from—I know a butcher named Mumford who offered a reward verbaily and in writing for the prosecutor's address—this is the bill—he is one of the creditors.

The Prisoner. These bills came from Walthamstow from the creditors, and not from me at all. The prosecutor runs away from his creditors, and he wants me out of the way while he shifts again. I work from 8 a.m. to 6 p.m., an could not have posted the bill, and there is no gum nor paste on it. I have had witnesses here, but they are business men and could not wait.

NOT GUILTY .

Reference Number: t18781021-922

922. MARTIN ALLEN BAKER (25) and WALTER TYRRELL (20), soldiers , Robbery with violence on James Bailey, and stealing 3s. 9d., his moneys.

MR. DE MICHELE conducted the Prosecution. JAMES BAILEY. I am a plasterer, living at Sender (?), near Guildford—on the 6th August I was walking from the Whitehouse Farm, near Sender, towards Guildford—after I passed the place called the Horseshoes, in the parish of Worplesdon, I met two men—they asked me whether I had met two more stout men, and I told them I had not—this was about half-past ten—they asked me whether I had got any money—I told them I had got 1s. 2d., and they forced me by the throat and hit me at the same time on the forehead—they knocked me down—our held me while the other took my money, which was in my trousers pocket on the righthand side—they also took my knife—I saw that knife in the prisoner's hand—I took it out of his hand—the blade was open when I took it—he told me if I did not lay quiet he would cut my throat—that was the one who had the knife in his hand—I tried to release his hand from my throat, which he had got so tight that he was strangling me—he lowered his hand down who the knife, and I put my hand up and took the knife, and the blade was open—he asked me whether I had got a watch—I told him no; if they got the money that was all they could get—if they were not satisfied they were to let me jet up and search me as I stood—they did so, and when they found I had not got any more they knocked me down and left me—one knocked me down with his fist, and as I was falling the other one struck me with a stick just behind the left ear—they then went along the road towards the Green Man towards London—I ran to the police-station—the amount I lost was 3s. 9d.—I did not notice whether the men had on any caps, coats, or jackets—they had no red jackets on.

Cross-examined by Baker. At Guildford police-court I did not say that you were my assailant—I did not recognise either of you—the coats were hung on the left arm—I could not say whether it was uniform or not—I said you did not have jackets on—at the police-court I examined Tyrrell's hands—I did not look at yours at all—I looked at the back and front of Tyrrell's right hand—I did not find any cuts, but I found two scratches—I sayI cannot recognise you at all.

To the COURT. I cannot say that they are not the men—I did not, I believe, say at the police-court, after examining their hands, that they were not the men by replying, "That isn't them."

By Baker. I said I drew the knife through the hands of the person who held me down, and that the blade was open—do you suppose I could have taken the knife out of his hand if it had been closed tight?—I thought it most likely the blade had touched it—I was sober—I had been to Brighton that day—I went to this place about half-past 9—I went into the public-house.

Re-examined, I pointed out the spot where this happened to Police-constable Ristbridge.

JONATHAN DAVID RISTBRIDGE (Policeman 67 Surrey). At 5 o'clock on the morning of the 7th August I picked up two shoulder-straps in the London Road—that was about three-quarters of a mile towards London from the spot where the prosecutor pointed out—I took the prisoner into custody—Baker had not any shoulder-straps—those produced are the two—they have got on them the mark of the 2nd Queen's Regiment.

Cross-examined by Baker. I do not know how those straps came there.

ALFRED PRATT . I am a sergeant in the 2nd Regiment of the Queen's Foot,—quartered at Stonton Barracks, near Guildford—the two prisoners are privates in that regiment—on the 7th August I was in charge of the regimental guard—the prisoners returned to barracks about 3.45 on the 7th in the afternoon—they should have been in at tattoo on the 6th, 10 o'clock at night—when they came in I confined them, knowing they were absent—they had no coats on when they came in—Baker said they had turned a fellow up over night on the 6th, and taken a purse from him with some money, but had not the pleasure of spending it, as they lost it again before morning—I examined the prisoners' belts—I found blood on one, No. 32, which I believe belongs to Tyrrell—that is the number of the accoutre nent—those shoulder-strapsbelong to the 2nd Queen's—Baker had no shoulder-straps on when he came in—he came in his shirt sleeves—he made the statement I have told you about a quarter of an hour after the arrival at the guard-room, about 4 o'clock—the guard were there—there are two men on guard and the corporal of the guard—I could not tell their names, because they have been on guard so many times since.

Cross-examined by Baker. I said I was waiting in the guard-room when this conversation occurred—you were standing at the head of the table—you had not gone into where you were supposed to be confiued at the time—I am aware that I am upon my oath.

Cross-examined by Tyrrell. Of course you were in the guard-room when Baker made this statement—you were standing at the side of him conversing together—I do not know where Private Cripps was; all I know is that you were a prisoner in my charge, and I was looking after you, and not after Private Cripps—I do not know whether any other men on guard heard this conversation,

TURNER EDGELER (Police Constable, Surrey, No. 34). On the 7th August, at a quarter to 7 in the evening, I apprehended the two prisoners at the Stonton Barracks—I charged them with assaulting a man the night before, and stealing money from him—I did not know what the prosecutor had lost at the time—I cautioned them—Baker said "It is all right"—on the way to the Magistrate's Court, Baker said to Tyrrell "We may as well plead guilty to both charges"—I previously charged him with assaulting the police-constable Boon.

Cross-examined by Baker. I do not know what you meant by "all right"—I do not know that there is any other conversation—I said at the barracks that you were no men to knock a man about in the way you did.

Cross-examined by Tyrrell. When Baker said there were only two charges, you made no reply.

GEORGE BOON (Police Constable, Surrey, No. 45). I saw the two prisoners on the Epsom Road on the morning of the 7th, going in the direction of Leatherhead, from Guildford—I stopped them and asked them for their pass—I said I was a police officer—I asked them first where they were going—they said "What odds is that to you?"—I then asked if they were on pass, "If you are on pass, I request to see it"—Baker remarked "You b——, I will kill you before I show you my pass"—they immediately struck me with sticks which they carried—I then seized Tyrrell and took the stick from him—I was in uniform trousers and plain clothes—there is only the colour to show that they are police trousers—I told them I was a police constable—a struggle to a quarter of an hour's duration ensued—Baker said "You b——, I would kill you before I would show you my pass"—I was struck on the head, and it was cut open in two places—like wise two places over the left eye—both the prisoners got away—when I first saw them they were both together, about five or six yards apart—one was walking on the footpath, and the other in the road—they were wearing uniform caps and trousers, but carrying their tunica on their arms.

Cross-examined by Baker. I. am a police-officer, not a detective—I received information that there were two deserters on the road, and that is the reason why I had on a plain coat—any officer in plain clothes, without some written authority, can stop soldiers and demand their passes without any police authority—had you requested my warrant I could have shown it you—I did not strike you for the simple reason that you struck me and stunned me—1 did not strike Tyrrell—this is Tyrrell's stick—you took yours away with you—this is one I knocked away from Tyrrell.

Re-examined. I struck Tyrrell—that was after the quarter-of-an-hour's struggle, because he held my staff during the time so that I could not use that.

ALFRED PRATT (Re-called). The prisoners were the only two men reported absent at tattoo from barracks that night.

Witnesses for the Defence. CORPORAL FRANKLIN. I was not present when the two men came in—I was acting as orderly sergeant—it was my duty to proceed to the guardroom to see if prisoners were deficient of any of their clothing—I proceeded there and found Tyrrell deficient of the kersey and cap, and reported the same to the colour-sergeant—I heard no conversation between them and the sergeant—I was in the guard-room.

PRIVATE WALSH . I was present when the prisoners were in the guardroom—they were speaking with the sergeant, but I do not recollect what they were saying—I heard what they were saying, but cannot tell you at the present time what they did say—they did not say anything in my hearing, to my recollection, about a bloke or a purse.

Cross-examined. I was not called before the Magistrate—I heard them speaking in the guard-room, but do not know what they were saying—the guard-room is about as large as this room—I was at the door and they were just inside, about two yards or a yard and a half—they were speaking in a mild tone.

By the COURT. The sergeant was not asking for an explanation of their absence—I took down the prisoners' dinner for them—that is the reason I was there—the sergeant was inside the guard-room—they were in the prisoners' room, and the sergeant was in the guard-room—they were as close together as they are now—the sergeant might be as far from them perhaps as a couple of yards off—I could not tell you exactly where the sergeant was—I did not take particular notice of where he was—he would not hear better than I should.

The Prisoners in their defence read statements denying the charge.

NOT GUILTY .

Reference Number: t18781021-923

923. JAMES DORE (31), soldier, PLEADED GUILTY to feloniously marrying Emma Badcuck, his wife being alive.— Nine Months' Imprisonment . And

Reference Number: t18781021-923a

923a. JOHN BARNES (19) to burglariously breaking and entering the dwelling-house of Charlotte Leitch Colquhoun Blagrove, and stealing there in one cloak, one shawl, and other articles, her property.— [Pleaded guilty: See original trial image.] Twelve Months' Imprisonment .

Reference Number: t18781021-924

924. CHAELES HERBERT PHILLIPS (46) and SARAH NYE (29) , Feloniously having in their possession a galvanic battery, which had been used for making counterfeit coin.

MR. POLAND conducted the Prosecution.

THOMAS BERRY (Policeman P). On Saturday evening, 5th October, I went with Robinson to 23, James Street, Southampton Street, Camberwell, where Phillips has lived for the last four years—the two prisoners were then in custody—we found in a back room some broken plaster-of-paris moulds, which appeared to have been used for coining—I then went to 5, Royal Road, the address Nye gave at the station, and in the first-floor front room found a galvanic battery, some copper wire, a board with marks of coins on it, some metal, a spoon with metal in it, some silver sand, a brooch, a runner, a file and pliers, and a packet of plaster-of-paris (produced)—most of these were in a cupboard which was open—I went to the station and said to Nye, "I searched your place last night and found all the implements for making counterfeit coin;" she said, "They don't belong to me, they belong to Charley Phillips; he asked me if he might leave them there, much to my sorrow; all you have found belong to him",—the landlord showed me the room.

Cross-examined by Phillips. I found various other tools in your room; it was fitted up as a work-room—I found this mould (produced) on the mantelpiece; it is for a scarf pin—here are some other moulds, but they have been cut and destroyed—the impressions have been cut out, here is half a cart-load of them—here is the impression of various coins on

this board—I found that at Nye's lodging—I found nothing at your lodging but the broken moulds and the pin mould—I found no Albert chains with guineas attached—none of the moulds show anything like bad money.

GEORGE WOODHAM . I am a painter, of 5, Royal Road, Kennington—Nye occupied the list-floor front room in my house for about 12 months—that was the room the police searched—Phillips used to come there—I let him in, once or twice about 9 o'clock—he sometimes stayed there all day, and twice a week he stayed all night—if I had not thought he was her husband, I should not have let him in.

Cross-examined by Phillips. I never went into the room—you silvered a chain for my little girl.

ROBERT WAY . I am a draper's assistant, of 200, Old Kent Road—on 5th October, about 2 p.m., Nye came and bought a tea-cloth and gave me a shilling—I gave her the change, and she left—a policeman directly spoke to me, and I found the shilling was bad—this is it (produced)—the policeman marked it with his teeth in my presence.

CHARLES ROBINSON (Policeman P 487). On 5th October I saw Phillips standing in the Old Kent Road with a bag in his hand—Nye joined him, and I saw her go into Mr. Cotton's shop, where Way is an assistant—I went in, gave information, and got the shilling—she came out and joined Phillips—I took him in custody and told him the charge—I told Middle-mist to take Nye, and to watch her, or she would throw something away, and I had no sooner said so than I saw something go out of her left hand, and the bystanders called out "There it goes"—Middlemist picked it up and said "It is counterfeit"—I did not see it go from her and, but I heard it fall.

Cross-examined by Phillips. Nye was seven or eight yards in advance when I took you—I had hold of your left hand—you gave me your. address, but I did not want it—I went to 23, James Street, in the week, and took half a leg of mutton, which Nye brought to your children.

WILLIAM ALEXANDER MIDDLEMIST . I live in the Old Kent Road—on 5th October I saw Robinson take Phillips into custody—I took Nye—Robinson said "Keep your eyes open, and see that nothing is dropped"—we walked about two yards, and Phillips threw away this shilling, which I picked up (produced).

WILLIAM WEBSTER . These articles have been used for making counterfeit coin, and this board has the impressions of florins and shillings on it—these two shillings are bad, and from the same mould.

Cross-examined by Phillips. This battery can be used for a variety a things—the impressions on this board are of florins and of shillings, no of pill-box tops—there must have been great pressure to mark the wood.

Phillips in his defence denied knowing anything about the shilling which was dropped, and stated that he was an electroplater, and the articles were used "his business—that Nye was his wife's sister, and that he sent her out to dispose of his work, as, being better dressed, she could get better prices, and that ten" marks on the board were made by ladies' dress-holders.

Nye's Defence. I am perfectly innocent—I was not aware it was a bat shilling—Phillips brought these things to my lodging—I did not know what they were for.

PHILLIPS— GUILTY . NYE— NOT GUILTY .

Reference Number: t18781021-925

925. CHARLES HERBERT PHILLIPS and SARAH NYE were again indicted for unlawfully uttering counterfeit coin.

MR. POLAND conducted the Prosecution.

ROBERT WAY repeated his former evidence.

ALICE NEWTH . I am cashier to Mr. Cotton—on 5th October Way gave me a shilling, and I gave him 7¼d. change—my attention was called to the shilling—I found it was bad and gave it to Way.

SARAH GODDARD . I am the wife of Walter Goddard, a butcher, of the Old Kent Road—Nye came there about 2 o'clock, and bought a leg of mutton for 3s. 2 1/2d., and gave me a bad florin and two shillings—bounded the florin, and said "This is a bad florin"—she said "What is bad?" and I put it in the tester, and it bent readily—I asked her where she got it; she said that she had just changed a sovereign—she paid with good money, taking the florin awav—she put it in her purse.

CHARLES ROBINSON, WILLIAM ALEXANDER' MIDDLEMIST , and WILLIAM WEBSTER repeated their former evidence.

Nye's Defence. The shilling I gave in the shop Phillips gave me which he owed me.

PHILLIPS— GUILTY **— Ten Tears' Penal Servitude . NYE— GUILTY Recommended to mercy by the Jury —Eighteen Months' Imprisonment .

Before Lord Justice Brett.

Reference Number: t18781021-926

926. MARY LOCKE (50) , Feloniously setting fire to a certain dwelling-house in her possession, George Richards being therein. Other Counts, with intent to defraud the Royal Exchange Fire Insurance Company.

MR. HORACE AVORY conducted the Prosecution; and MR. MONTAGUE.

WILLIAMS the Defence. CRESWHLL WELLS (Police Inspector). On Saturday, August 81, I went to the house No. 1, Maple Road, Surbiton, and made a sketch of the cupboard under the stairs—I also prepared a ground plan of the house—these (produced) are the plans I made—they are correct as far as my ability went.

GEORGE RICHARDS . I live at 19, Hampton Street, Walworth Road—on 22nd August last I was living with the prisoner at 1, Maple Road, Surbiton—she carried on there the business of an upholsters—I assisted in the business—I was the manager—I slept on the premises—there was a shop, and at the back of the shop there was a sitting-room—the stairs go up between the shop and the sitting-room, and under the stairs there is a cupboard—on the first floor is a bedroom, which Mrs. Locke occupied—that is over the shop—there is also a spare bedroom over the shop—there is a cupboard in the corner of the spare bedroom used as a wardrobe—the bedroom I occupied is at the back of' Mrs. Locke's room on the same floor—on the night of Thursday, 29th August, I was on the premises—I went to bed about 11 o'clock—Mrs. Locke had not gamete bed at that time—I was the first to go to bed, and I turned off the gas at the meter in the shop—the shop was all right when J turned off the gas, there was no sign of fire when I went to bed—I did not hear Mrs. Locke go to bed, but she was in the act of going when I went—I was awoke at 2 o'clock in the morning by Mrs. Locke by knocking at the door between oar rooms—she said, "Get up; there is a fire in the house"—I got up, pat on my clothes, and went out of the room—I saw no fire then, only smoke

one door of my room opens on to the stairs, and the other on to the landing—I opened the door into the prisoner's bedroom—I saw smoke in her room—it came from the other door of her room opening on to the stairs—1 only saw smoke—it was rising from the bottom of the door—the door was shut—she said, "Help me with this"—that was a portrait of her husband that was hanging on the wall in her room at the time—I assisted her down with it—I did not take it out of the room—I took it down from the wall and she carried it—that was the first thing she said to me, after going into her room—she was getting it down when I went into the room—before getting it down I did not go to the door and open it, nor did she—she appeared to be in her nightdress—as far as I know, she had only her nightdress on then—after taking the picture down I caught up a box and pushed a portmanteau down stairs—she got hold of the picture, and was going to carry it downstairs—she had opened the door between our rooms when she first spoke to me—I took up the box because she said, "Take that box"—it was a box that has since been found to contain plate—it was under her dressing table—I took it downstairs through my bedroom—she went to get a desk from the side of her bed—I pushed the portmanteau downstairs—she did not tell me to take it, but it was lying in my way, and I caught it up—I opened the door of my room, which goes down a back stair, and we both went down that—she carried the picture and I the desk—I did not see any fire till I got downstairs—I went into the kitchen—there was no fire there—I then went through the scullery into the greenhouse, the back way out—there was no fire there—neither of us went to the front—when I got out at the back I went round to the side and saw a fire through the window in the spare bedroom that was in the front, over the shop—there were shutters, but they were very seldom fastened—they were not shut—I went outside and gave the alarm of fire, and I waited outside till the Bremen came—it was about ten minutes before anybody lame; the police came first—I believe one of the policemen went in first.—in at the window; I saw him go in at the kitchen or sitting-room window—the side shutters were not shut—when I looked through the window I saw a fire in the back of the shop—I saw flame near the wall; it was much of a flame; a spring mattress standing at die back of the shop appeared to be all in a flame—I could not see where about's the fire was in the spare bedroom—the fire in the shop seemed to go up to the bedroom—the firemen came in a few minutes after the policemen went in—Mrs. Locke was standing with me part of the time, and part of the time she was with Mrs. Shut—she was not with me when the firemen came, she had gone in to Mrs. South's in the Brighton Road, close by—neither she nor I attempted to go into the shop before the police came—I was frightened—she aid not say anything to me—when she went into Mrs. Shuth's she took the desk and picture with her—I followed to Mrs. Shuth's after the firemen came, and took the box and portmanteau with me—I was not at Mrs. Shuth's when the constable came, I was out at the side then—I went back to the fire—I told some one where Mrs. Locke had gone—before the fire I knew there were some water-colour drawings hanging up in the drawing room on the first floor over the front of the shop—there were eight of them; they were framed; they were hanging up on the Sunday afternoon before the fire; this was on Friday—I have been into the, drawing-room since—they are not there now; I have not

seen them since—I went into the drawing-room on the day of the second examination, the 4th September—I know the circular firelighters; I had not seen any of those about the house on Friday; I had never seen any in the house—I had not been in the cupboard under the stairs for some time—I had nothing to do with placing firelighters in holes in the ceiling or the pantry; I knew nothing whatever about it—I know the manhole at the top in the roof—I had nothing to do with placing fire. lighters on the rafters there or in the Spare bedroom, nor did I know of any wood smeared with tar in the prisoner's bedroom.

Cross-examined. I slept at the back; the prisoner's bedroom was in front; a door communicated between them—I went to bed at eleven, and till two o'clock I heard no sound about the house—I was in bed till she knocked at the door and said the house was on fire—I got up and dressed myself; I did not light a candle, I dressed myself in the dark—not before she opened the door communicating with her room—she opened the door, and then left and went back to take down her husband's portrait, and then I dressed myself—I put on my trousers, waistcoat, and shoes—I sleep in my day-shirt, not my nightshirt—I wear braces; I put them on; 1 sleep in my socks, and had them on—the minute I got into her room I saw the smoke coming from underneath her door, which opened on to the landing—I did not open that door to see where the fire was, but went on helping her to move the picture—neither of us opened the door leading on to the landing during the time I was there—I was in her room about a minute—I then went down the back staircase—I said nothing whatever while I was moving the things; I moved them in silence—she said there was a fire in the house—I did not say anything, I was too frightened to speak; whether she was too frightened to speak I. could not say—I did not recover the use of my speech till I got out of the house; not when I got downstairs; I was about 2 minutes going downstairs—I believe this is a correct representation of the cupboard downstairs—I saw the holes in the rafters, they could be reached from the floor—the prisoner could not reach them standing on the floor, she could by means of a chair—there were holes in the rafters before the fire, but not so large as these; they have been enlarged—I saw them before the fire when I have been in the cupboard; they were something similar to these, but I cannot swear to this one—I mean to say that I could reach this one with a chair—I had not noticed that one before—when I went to bed everything had the appearance of being right—I was not in the house all day, I was in the workshop at the back—I was on the premises, on and off, not all day—the spare room is on the same floor as the prisoner's room and my room, but nearer her room—from the time I went to bed till I was called I heard no sound at all; I was asleep—I knew there was some tarred wood in her bedroom—I am unaware of any tarred sticks being on the premises; I know there was some tarred wood in her bedroom—no man named Emden had been there the week before, tarring the roof of the premises, but a man named Blandy had; and after he had finished the shed, I believe he left some tar behind—I did not see him dipping wood in the tar for the purpose of boiling the tar-pot—I do not remember having any conversation with him—I did not say anything about the place being on fire on the Saturday before the fire—I did not say to him then, or at any time, "I have a good mind to burn the place down"—I have been to see him since the

fire; it was on the Sunday after the fire; I went to his house; I knew where he lived because I had sent for him to come to work—I had not given him the money to buy these fire-wheels—I did not lend him a half-crown to buy them; I swear that—I do not believe I said to him on the Sunday when I went to see him, "Of course, what I said to you about the fire, burning the old shed down, Was a joke"—I don't believe I made such a remark—I said nothing to him about burning the place down—I said, "I don't believe" because I do not believe it—I may not have made the remark and forgotten it—I went there because I was down there for a country ramble—his place is two or three miles from the shop—I had never been to see him before—I mean to represent that on Sunday afternoon, for no reason except that I was taking a country ramble, I happening to call on this man—that was the only object I had, never having done, so before—I believe the matter of the fire was brought up—I did not bring it up first; I spoke about it—I said, "It is a sad thing"—I said nothing whatever about a joke or a lark; nothing of the kind—I did not go on to say to him, "You know you fetched the firelighters, and if Mrs. Locke says I fetched. them it is untrue"—I said that he fetched them—I said, "You fetched the firelighters"—I did not say, "If anybody says I fetched the firelighters, you know you fetched them"—I said, "You fetched the firelighters"—he said, "Yes," and that was all that was said upon that—I knew that he fetched the firelighters.

By the COURT. I think he said that somebody had told him that a strange man went to the place and bought them—nothing was said before that I think that brought up the subject—they had been found there—he said that somebody had told him that a strange man had been and fetched the firelighters from the oil-shop, and I said "You fetched them"—I know that because Mrs. Locke had told me she was going to send for them—that was a week before the fire.

By MR. MONTAGU WILLIAMS. I swear that—the firelighters were not, I believe, sent for to boil thetar—Blandy did not say to me "I remember fetching a quarter of a hundred on the Monday before the fire"—it was in the middle of the week that the prisoner told me that she was going to send for firelighters—that was when the man was at work—she said that she was going to send "the man" for them—I did not give him the money to fetch them, but I told him where he would have to go and fetch them—I did that because Mrs. Locke told me that she wanted him. to go and fetch some firelighters—when I say that I gave him the money I mean that I handed him the half-crown, but Mrs. Locke gave it to him—I saw her do so—I cannotsay that it was a half-crown—I. saw her give him some money—he did not bring me the change—I stopped him when he got as far as the gate, and told him to. fetch the wrapper to cover them up with—that was because he could not carry them loose, it was to carry them in—I saw a broken ladder on the premises.

By the COURT. These sort of things had not been bought before to my knowledge; this was the first time as far as I know—the prisoner said that she wanted them to light the fires with.

By MR. MONTAGU WILLIAMS. The ladder was broken before the fire—I had not had any dispute or quarrel with the prisoner whatever; that I swear—I was the manager—it was an upholsterer's shop; a working upholsterer's; they make upholstery on the premises—there were other workmen on the premises, but I was there alone that day—Blandy was

an ordinary workman there, and Dare was a carpenter; but they were not there that day because there was no work for them—they were only engaged when there was something for them to do; there were no regular workmen—the prisoner and I were the only persons who slept on the premises that week—there had been a servant, but she had been away eight or nine days—she was a girl, and she had been sent home eight or nine days before for some misconduct or other—I had not said anything to the prisoner about taking the pictures up to London to get them refrained—I believe the prisoner was going to remove and takeanother house, I do not know where—she told me that she was going to take another house, but that she had not settled where—I was in the habit generally of sleeping in my socks and my shirt.

Re-examined. She had told me that she was insured, she spoke about it several times—she had not told me what was insured, whether it was the goods or the house, but she told me she was insured—I was the manager, the business was not up to much—we turned over about 4l. a week—I cannot say what the rent of the house was—I have been there about six months—I think 4l. a week was about the average that we turned over all the time I was there—it had been going rather badly for a fortnight before the fire—the profit of what we turned over in the business was about a third or a little over a third—she bought things in London and sold them again down in Surbiton—there was about 40l. or 50l. worth of stock in the shop when the fire took place, and the furniture in the house was worth about 100l. as near as possible—I had my wages up to the week before—on that day I was the only person with her on the premises—I had been to church in the evening to choir practice, and was away two hour—I told the prisoner that I was going, and be let me out—I returned home about 10 o'clock or a little after—I did not see Blandy bring the fire lighten back, nor did I see where they were put—I did not see anything of them from the time he brought them until the fire—I did not go to the cupboard, there was nothing kept there of mine—there was a box and a safe there standing on the floor, and by getting on those you could, I think, resell the hole in the ceiling—on the Monday before the fire the prisoner ordered me to out the broken ladder up, and when I had cut it up I carried it into the sitting-room at the back of the shop, which was used as a sitting-room; we had all our meals there—it was put down in the fender—there was no fire there at the time—it was about two or three minutes altogether from the time the prisoner called me and said that there was a fire until I was out of the house—it was not more—I had never seen the box which contained plate before—I did not know of its existence—the prisoner had a plate-basket to keep the silver spoons and forks in which were used.

By the COURT. I have been with her six months—before that I was at Wail's, in Newington Butts, an upholsterer's—I was an upholsterer there—I was there two yean and a half—I shall be 20 yean old next birthday—before that I was at Morrison and Austin's, in Worship Street, over two years, and then I went to the prisoner—she. came to Wain'a and wanted a manager, and I was recommended, and she had me.

THOMAS JOSEPH DOLLING . I am superintendent of the Borough Fire Brigade, Kingston—I was called by the police on the morning of 30th August, at 20 minutes past 2, to a fire in the Maple Road—I went there

and found a fire at No. 1—some of the neighbours were inside trying to put it out—I put it out, but before that I went into the shop with the hose—there was a fire in the lefthand corner of the shop, looking into the shop going from the road. (Pointing out the situation of the fire on the plan)—when I first saw it it was confined to that corner, there was a mattress burnt out, and it had set fire to the wooden cupboard, the front of which was burnt out—there was no fire in any other part of the shop—I went up stairs, there was no fire up the stairs, but the closet of the spare room was built over the stairs on the first floor—there was no fire then, the neighbours had put it out—that was on the righthand side of the house—the fire had been put out in the cupboard—it was quite burnt out—I could see no connection between that fire and any other fire in the house—I was making an examination at the time, and there was no connection between the two fires whatever—I found other marks of fire—they were pointed out to me by one of my men, but not at that time—after I had extinguished the fire I left, and he came after me—that was Shelly, he had examined the cupboard and called my attention to it—he showed me a cupboard down stairs and I could see these firelighters inserted between the plaster and the stairs—the cupboard is under the stairs—I saw holes in the cupboard which went into the bottom of the staircase and into those holes patent firelighters were inserted—I did not count them, but I saw in the plaster where a candle had blackened the white plaster in setting light to them—there were several holes, 1 cannot say how many—I gave my man instructions to lock the door and let no one in—I did not see the prisoner when I first arrived there—I saw her first when I went to Mrs. Shuth's, a neighbour—I did not go there with a constable, I went before, but there was a constable in the room with her '—that was not Croucher—she was not dressed, she had her night dress on and a skirt, and a waterproof, she was very thinly clad—I asked her if she could give me any account of the origin of the fire, and she said that she could not—it was my duty to ask her if she was insured, and she said that she was insured for 500l.

Cross-examined. The cupboard in the spare room was the whole width of the staircase, opening from floor to ceiling—it would form a wardrobe when the door was open—I cannot describe the holes in the rafters because it was not daylight—I saw several holes, I do not know how many—the ceiling springs from the floor ten feet to the bottom of the stairs—the holes were three feet from the floor and some are lower—I did not see those at the top of the ceiling—they were a pretty considerable size to put these wheels into them—it is not for me to say whether they had been cut—we have got the wheels which were taken out of them—the plaster was broken away—the wall was not very thick, and by breaking a lath or two away you could insert a wheel underneath the ceiling—it would require very little force indeed to break the plaster and a lath—there were no holes in the rafters—the rafters only held the laths—I do not know whether the Insurance Company are prosecuting.

HERBERT JOHN SHELLY . I am a fireman at the Borough Fire Brigade—I went to the fire with the superintendent—after the fire was subdued I was left there in charge—I made an examination of the premises along with the other firemen—I opened the cupboard door under the stairs and directly over our heads the plaster was broken away off the ceiling, said in that was inserted a patent fire-wheel—there was one fire-wheel in

each hole—lower down, about 2 feet, and still in the bottom of hestairs, was another hole with one firelighter or fire wheel in it, and about the same distance down again was another hole with a fire-wheel in it, and below that another one, which was burnt out—I mean that the wheel was burnt out except one little piece—they were not all burnt, but the pieces at the end had all been alight—there was a black mark on the plaster, as if a candle had been held against it—that was not so at all the holes, only at the lower ones, the upper one had no black mark—the highest hole was about nine feet from the ground—there was a box on the floor in the cupboard—I mean that it was under the high hole—a man or woman standing on that box could reach the hole—I saw marks of plaster having fallen on the shelves under the top hole and on a bread-pan, and on the box which stood, against the wall—the platter was on the lid of the bread-pan and on the box—I also found in the cupboard a lot of wood chopped up, which seemed to be the backs of pictures—it was thin—this (produced) is some of it—I also found some pieces of tarred ladder—the tar was fresh then, because I tried my finger on it and found it was fresh, and at the back of the box there were about eight more patent firelighters strewed between the picture backs and the ladder—there was also some brown paper covered with grease, and there was grease smeared on the shelves—we proceeded upstairs, and at the top of the landing leading to the prisoner's bedroom we found about a dozen little pieces of wood—the top of the landing is inside her bedroom, and they were on the floor close to the fireplace, and a composite candle was lying between them—we also found a lot of brown paper under the prisoner's bed, loose—that was not smeared—on the mantelshelf there was a box of lucifers and composite candle—we then went into the young man's bedroom; we did not find anything there, but the bedclothes were thrown about—we then went into the spare room, and the cupboard there was burnt entirely out—we afterwards found a patent firelighter nearly burnt out at the head of the bed—that was apart from the cupboard—it was at the opposite corner of the bed—the cupboard is on one side of the bed, and the firelighter was on the other—it was nearly burnt out—it was against the partition between the bedroom and. the front parlour, and it had scorched the wooden partition, the wainscot—I looked into the manhole directly over the stairs—I got to it by a pair of steps which were standing the prisoner's bedroom—I found one of these fire-wheels in the manhole, and some brown paper covered with tar, the ends of which were hanging over the manhole—it had not been on fire.

By the COURT. It would have set fire to the roof of her house and two houses adjoining if the fire had communicated with it—I went into the drawing-room, there was nothing there, there were no pictures hanging up that I noticed, but I did not look particularly for pictures—I did not see eight or nine pictures.

By MR. HORACE AVORY. I saw the prisoner come back to the house that night—Croucher was with her—she was in custody—she was changing her dress, and she said that she must have a change of socks, and she emptied her pocket into a drawer in her bedroom—I heard a rattle, and drew the salvage officers' attention to it, and we found that it was silver spoons and forks which she had emptied into the drawer—I found these pieces of wood in her bedroom near the fireplace, but I should say that there had been no fire there for some time, for the back of the fireplace was rusty.

Cross-examined. The an—hole in the roof was about nine feet; from the ground, from the top of the stairs—I saw Richards in the morning when the fire was out—he was outside the place.

JOHN CROUCHER (Policeman A. R. 351). I was called to the fire in the Maple Road about 2.30 on the morning of 30th August—when I got there I found other policemen there and the firemen—from inquiries I made I went to Mrs. Shuth's and found the prisoner there—she was only partly dressed, she had on a dress skirt and what I fancied was a waterproof—I asked her it she was insured, she said "Yes, in the Royal Exchange"—I asked her if she could account for the fire in any way, she said "No"—I returned to the fire and looked over the premises and in consequence of what I saw and heard I sent for the prisoner—she came and I took her in custody—I had noticed that she was very anxious to get into the house on the first occasion, and when she came the second time she was looking round rather furtively—she said that she wanted to see the place, but I told her that the firemen would not admit her—I went to Mrs. Shuth's and took possession of some things there, among which was an oil painting with a number of water-colour drawings nailed on to the back of it, and some brown paper pasted over them—I discovered that after I got it into the house—there were eight water colours—I also received a box from there—the water colour drawings were given up to a man who had a bill of sale—I do not know why; I did not know that I had power to detain them—I found in the box a quantity of plate—it is not here—I gave it to the man who had the bill of sale—there were perhaps two dozen spoons and forks, and cruet stands, candlesticks, dessert. forks, and table forks—they were in a portmanteau—there was also some wearing apparel, and one or two little articles—it appeared to me to be packed—I also received a desk in which I found this insurance policy. (This was in the Royal Exchange Insurance Company for £500 on the household furniture, plate, wearing apparel, etc.)—I also produce a copy of a bill of sale which I received from the man who holds it.

Cross-examined. I found that a great quantity of the furniture in the shop had been more or less burned—I mean the stock of furniture in the shop, not the furniture of the house, but that was damaged by fire also.

By the COURT. The shop is distinct from the house, but it is part of the house—it is in front of the prisoner's living room—a great quantity of the furniture was burnt more or less—the furniture which was burnt was right through the shop, but in the rear of the shop: and that which was in the front of the shop was damaged by water—there was the remains of a cupboard in the shop, and it was more burnt there than anywhere else.

Witness for the Defence.

WILLIAM BLANDY . I am a jobbing gardener and have worked for Mrs. Locke over 18 months at carpet-beating and work like that—I was employed on the premises a week—before the fire, gas-tarring the roof of a shed and beating some carpets—I used some tar to some wood while I was there to boil the tar pot, and when I had finished my job a pail-full of tar was was left, and a scuttleful of tarred wood—I left it in the yard—on the Saturday before the fire I saw Richards about 11 o'clock—he took me to the shed to show me where the water came through—he said that the tar did not keep the rain out—it rained all Saturday morning, and he said "I have a jolly good mind to burn the whole shed down"—that

was in the yard—that was after I had tarred it—he thought I had not done it completely—on the last Monday in August I was sent for some fire-wheels—that was before the fire—it was the last day I was there—. Richards gave me the money for them—he gave me a half-crown to get a quarter of a hundred, and told me to go to Littlewood's, but I went to Lane's for them—those are two different shops—before I got to the gate he called me back, and told me to get a wrapper to wrap them up in—I got them, and came back and took them into the room, and he said, "Put them down in the room," which I did, and gave him 1s. 41l. 2d. change—last Sunday fortnight he came to my house, and we had a deal of conversation—he said that he heard that Mrs. Locke said since she had been in prison that he had fetched the firelighters, and he said, "You know better than that, for you fetched them"—he also said, "Of course, what I, said about burning the place down was said in a.joke" or "a lark"—I said; nothing to that—we had a long conversation—he had never been to visit me since the fire, but he had been to see me before the fire when he wanted me to do work for Mrs. Locke—one week there was about seven' rounds of a broken ladder which I pulled to pieces to make a narrow fence. Cross-examined. I did not use any of the broken ladder for my tar pot—those pieces of wood produced are thinner than I used, and if I had used them for my pot they would have been tarred on both sides—I did not leave above a tablespoonful of tan—gas-tar wants boiling—when he spoke about burning the shed down I said "With that fresh tar on it would burn if it were to catch fire"—J do not know that he was angry with me for not making it watertight, but he did not like it—he did not say anything about setting the house on fire—when he came down to see me after the fire I had not mentioned anything about the firelighters—Richards first spoke about them—I saw it in the papers that they were found in the house—I did not talk about the fire till Richards came, but we talked about it when he came—when he gave me the money to fetch the things Mrs. Locke was in the same room—Richards told me to go for them but Mrs. Lock was there—I did not hear her say anything about them—I do not think Mrs. Locke was in the room when I brought them back—it was in the living-room, the parlour or sitting-room—that is where I put down the firelighters—I did not use any of them—I have never been there since—this was on the Monday before the fire took place, at nine o'clock in the morning.

GUILTY .— Seven Years' Penal Servitude .

ADJOURNED TO MONDAY, NOVEMBER 18TH


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