CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 18TH, 1878.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-band Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSIONS I. TO VI
STEVENS & SONS, 119, CHANCERY LANE, E.C.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, November 18th, 1878, and following days,
BEFORE THE RIGHT HON. SIR CHARLES WHETHAM , Knt., LORD MAYOR of the City of London; The Hon. Sir HENRY HAWKINS , Knt., one of the Justices of the Exchequer Division of the High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., Sir WILLIAM ANDERSON ROSE , Knt., SIR THOMAS GABRIEL , Bart., Sir THOMAS DARIN , Knt., and DAVID HENRY STONE , Esq., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; HENRY EDMUND KNIGHT , Esq., SIMEON CHARLES HADLEY , Esq., JOHN STAPLES , Esq., and EDGAR BREFFIT , Esq., other of the Aldermen of the said City; WILLIAM THOMAS CHARLEY , Esq., D.C.L., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
WHETHAM, MAYOR. FIRST 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, November 18th, 1878.
Before Mr. Justice Hawkins.
1. JAMES PRYOR (39), JAMES PATRICK MAHON (70), and RICHARD SLEEMAN (68), were indicted for feloniously forging and uttering a certain minute book with intent to defraud, also for unlawfully falsifying a certain book with like intent.
MR. BESLEY, for the Prosecution, offered no evidence.
NOT GUILTY .
2. WILLIAM OHMANN STAFFORD (27) PLEADED GUILTY to stealing Bank of England notes to the amount of 15,000l. whilst in the employ of the Governor and Co. of the Bank of England.— Seven Years' Penal Servitude .
4. WILLIAM SARSFIELD (23) to stealing, whilst employed in the Post-office, a post letter containing a locket and two rings the property of Her Majesty's Postmaster-General— Five Years' Penal Servitude . [Pleaded guilty: See original trial image.]
MARY ANN MARSHALL . I am single and live with my mother, Frances Marshall, at 176, Central Street, St Luke's—on the morning of 23rd October, about 4 o'clock, I was awoke by hearing a noise in the area, the slight shaking of the window; it was dark, there is a gas lamp a little way off, I immediately got up and opened the window, which looks into the area, and saw a man getting out over the railings, I saw his face, the prisoner is the man—I called out "Police!"—he walked away as quick as he could, a policeman came up and I sent him after him—about half an hour afterwards I went to the station and there saw the prisoner, I picked him out
Cross-examined. The window is the kitchen window in the area—there was no catch to it—it was not a windy boisterous night; it was the upper sash that was moved, I don't think it could have fallen down by its own weight; the lower sash could not have been moved so easily, the glass is so close to the wood.
FRANCES MARSHALL . I am a widow and live at 176, Central Street, St Luke's—on the night of 22nd October I went to bed about 12.30—I closed the kitchen window the last thing, I closed it tight and put out the gas—I occupy the house and a married son occupies the upper part—I sleep in the back room, my daughter roused me about 4 o'clock, I went down, opened the street door, and called "Police!"—I afterwards found the upper sash lowered more than the depth of my hand.
Cross-examined. I have never known the sash drop of itself, it is very rarely opened.
THOMAS MANNING (Police Sergeant R 22). About 4 on this morning I heard a cry of "Police!" in Central Street, and saw the prisoner walking at a fast pace round the corner of Central Street into Charles Street—I went after him and brought him back to Mrs. Marshall's house—the prisoner said, "I have only been down there to sleep"—he appeared perfectly sober.
The Prisoners Statement before the Magistrate was, that being drunk and missing the last train home he walked about, and leaning against the area railings his hat fell over, an$ he got over to get it and fell asleep.
NOT GUILTY .
MR. DOUGLAS Prosecuted; MR. PURCELL defended Driscoll.
ELIZABETH WRIGHT . I am single, I keep a haberdasher's shop at 79, Brook Street, Ratcliff—I do not sleep there, I sleep at Millwall—I have a lodger named Foley—on Saturday night, 2nd November, at 25 minutes to 12, I left the house perfectly safe—on Sunday morning a constable came and gave me information, and I went to the shop—I found a panel in the passage had been broken through into the shop, and missed some things, amongst them these three aprons, four shawls, three pair of braces and a bunch of beads; the value of the things was about 14s., the beads were in the back kitchen, the other things were in the shop—I know Peace by his living next door.
Cross-examined by MR. PURCELL. I only know Driscoll by sight, I have never spoken to him.
By the COURT. There are four rooms upstairs which I let, and I occupy the shop and parlour—when I left, the lodger shut and fastened the street door after Me.
JOHN FOLEY . I lodge at the last witness's house—between 3 and 4 on Sunday morning, 3rd November, I was awoke by a noise in the shop, my room is immediately over it—I got up and lifted my window, but could not see anybody—I lighted a candle and came downstairs with a poker—I found that the back and front doors were fastened, I returned upstairs, I was scarcely in my room when I again heard a noise as I thought in the shop, and I heard a small bell ring—I went down again, and as I was going towards the middle door the street door was slammed to, I opened it and looked out but could not see any one—I then observed the broken panel, and some of the clothes were hanging out of it, I then called the police—I had gone to bed about 10.
JOHN DEACOCK (Police Inspector K). About 4.30 on the morning of 3rd November, I went and examined the premises and found the panel broken-wide enough to admit a man, I passed through it myself—two panes
of glass were broken in the back kitchen window, and a shutter inside was pushed down—I found marks in the back yard as if some one had got over from the adjoining yard of 81, where Peace lived; I got over and found a pair of boots on the dusthole of 81, and this spirit lamp on the back doorstep—I went into the house and saw Peace's mother, and showed her the lamp—I went into the back parlour and there found the two prisoners lying on the sofa apparently asleep—I roused them and asked Peace where his boots were—he began looking about the room and said, "They are somewhere about"—whilst he was looking, the sergeant who accompanied me pulled these articles from under the sofa, and said "What is this?"—the prisoners made no answer—we were further searching the room, when Peace said, "It is no use looking for anything else, that is all that there is"—I then told them I should charge them with committing a burglary next door—they made no answer—Peace said, "Give me my boots"—the sergeant had them in his hand, Peace did not see them at the time—I took them to the station, Driscoll there said he knew nothing of the case—I called their attention to some white on their trousers as if they had climbed the wall, and they both attributed it to flour, Peace being a baker—after they were charged, Driscoll said to Peace, "A nice thing you have drawn me into."
ANN PEACE . I live at 81, Brook Street, and am the wife of James Peace—the prisoner is my son and lives in the house—this spirit lamp is my property, on the night in question it was on a small table by the side of my bed in the kitchen—these boots are my son's—I let him in at a quarter past 12 on that Sunday morning—he slept on a couch in the parlour.
Cross-examined. Driscoll was not in the house when I let my son in to my knowledge—I had never seen him to my knowledge.
The Prisoners' Statements before the Magistrate. Peace: "I was drunk, but I have some recollection of being on the premises." Driscoll: "I met this man Peace, he showed me the sofa to lie down on. I knew nothing of what was done till the policeman came in the morning. I never went into the establishment at all. Peace can say the same if he likes."
DRISCOLL received a good character.— NOT GUILTY . PEACE— GUILTY of stealing only. — Nine Months' Imprisonment .
NEW COURT.—Monday, November 18th, 1878.
Before Mr. Recorder.
The Prisoner withdrew his plea of justification, and apologised to the Prosecutor. To enter into his own recognisance in 20l. to appear if called on.
MR. DE MICHELE Prosecuted; MR. FILLEN Defended. MINNA WICHELOW. My father keeps the Mitre, St Martin's Lane—on 6th November I served the prisoner with three pennyworth of brandy between 7 and 9 p.m.—she gave me a half-crown—I gave her the change and she left immediately—I then found it was bad and showed it to my father—next morning at 10 o'clock the prisoner came again and tendered a bad florin for
twopennyworth of peppermint—I said "This florin is bad, and yon gave me a bad half-crown last night"—she said "I have not been in the house before"—I called my father, and the prisoner went out very quickly—he followed her, and she was given in charge—I gave him both the coins.
Cross-examined. It may have been nearer 7 o'clock than 9—the prisoner had her sleeves tucked up just as if she had run out from her house, and was without a bonnet or shawl—she drank the brandy—it was a very cold night—she said that she got the bad florin from a woman, and did not know it was bad.
Re-examined. I am sure it was not a little before 7 o'clock—I did not look at the clock—some gentlemen who leave their business at 7 o'clock had just passed.
FREDERICKE. WICHELOW . I keep the Mitre, St Martin's Lane—on 6th November, about 8 o'clock, my daughter gave me a bad half-crown, and I put it on the mantel-piece—next morning she gave me a bad florin, and in consequence of what she said I went out and saw the prisoner running down St. Martin's Lane as fast as she could—she was brought back and charged—I gave the two coins to the officer.
Cross-examined. She did not tell me that she got the florin from a woman for a debt.
FLORENCE WICHELOW . I am a daughter of Mr. Wichelow—I was in the bar on 26th November, between 7 and 8 p.m., and saw the prisoner—I am certain it was her—she gave my sister a half-crown—it was afterwards found to be bad.
Cross-examined. There was nothing to make me notice the woman—her sleeves were tucked up, and she had no shawl—it was a cold night—it was nearer 7 o'clock than 8—I have not said that it was between 8 and 9 o'clock (The witness had stated so in her deposition.)
BENJAMIN BENNETT (Detective E). On 7th November I saw the prisoner walking quickly up New Street—Mr. Wichelow ran and caught hold of her and said that she had just tendered a bad florin at his house—she said that a woman who owed her 3s. had given her 2s. of it—Mr. Wichelow gave me this half-crown and florin.
Cross-examined. I did not hear her say that she did not know it was bad—she said that she had never been in the house before that morning—you can go from Nottingham Court to the Mitre in three or four minutes. Re-examined. It is about 400 yards or a little more.
Witnesses for the Defence. JOHN HAGAN. I am the prisoner's son, and am a general labourer at 4, Endell Street, Long Acre—I recollect the night she was taken, November 7th—I live with her, and came home on the previous evening at 7 o'clock; she was then at home doing needlework—I remained at home till morning, except going out for some tobacco, which only took live minutes—she was there when I left and when I returned—she had been a teetotaler about three weeks, and I signed the pledge last Saturday week, and have not broken it Cross-examined. I am a bricklayer's labourer—on Tuesday, 5th August, I was employed at Montague Place, and also the day before, and on Thursday the same—I got home on the Monday at 5.30, and on the Thursday between 7 and 8 o'clock.
DENNIS MURPHY . I am a labourer, and lodge at 4, Nottingham Court—on 7th November I went home about 6.30 p.m.—I do not know whether the prisoner was at home then—I first saw her about 7 o'clock, and from 7 to 8 o'clock she was sitting in my room talking to her husband and me—she is a teetotaller; I am not.
Cross-examined. This was Wednesday—I said before the Magistrate, "I am not sure whether it was Thursday or Wednesday."
Re-examined. I know it was the evening before that she was taken; if she was taken in custody, I could not have seen her that evening.
GUILTY .**— Nine Months' Imprisonment .
MR. MEAD Prosecuted; and MR. H. AVORY Defended. CHRISTIAN JAGER. I am a porter, of 9, Earl Street, Finsbury—on 16th October the prisoner spoke to me in a public-house opposite Fenchurch Street Station—we went to the George, on Tower Hill—he spoke German, and I am a German—he said, "I am very rich, and, if you do not object, I should like you to travel with me"—I said I didn't object—another man was there, but I did not know that they were friends—he said "I am going to France"—he then said to the other man, "If you believe I am a real gentleman, will you give me your purse for a moment, and I will go out of doors, and when I come back again I will give you 10l.?"—the man gave him his purse, and the prisoner went out and remained out about two minutes, and came back and gave the man his purse and two 5l. notes—the prisoner then had two rolls of notes in his hand—the man said that He was very much obliged to him, and then the prisoner said to me, "If you believe me, give me your purse, and when I come back I will give you 10l. like the other man"—there were some German notes in my purse, and 2l. 10s. in German money, and some English money, amounting altogether to 9l.—I handed him my purse, and he and the other man left me in the public-house—I waited there about 10 minutes, and they never came back—I saw them again in Smithfield, followed them into a yard where they could not get out, and stopped them, and asked the prisoner for my money—he said, "Will you come with me to my lodging in my hotel, and you shall have the money back?"—I said, "Yes, it is what I want; I have not got a halfpenny"—he took me into the street, and I held him (the other man got away)—when we got into Newgate Street he offered me his watch and chain to let him go, but I would not take it—I called a constable and gave him in charge—this is my purse; there was only 4s. or 5s. in it when I got it back.
Cross-examined. I met the prisoner's friend first, and we had a glass of beer, and the prisoner came in afterwards—we only went to two public-houses—I was going with the prisoner to his hotel, but he wanted to run away, so I held him tight and called a policeman—I tried to hold the two—I should know the other man if I saw him again—I had only arrived from Germany about 2 o'clock that day.
GEORGE SMITH . I am barman at the George, Tower Hill—on 16th October I saw Jager there with a man and another man, who to the best of my belief is the prisoner—the man spoke broken English when I served him—I saw two of them go out, and did not see them again till they were at the station.
Cross-examined. The men were there together about half an hour—other men were in the bar.
FREDERICK SMALE (City Policeman 312). On 23rd October, Jager gave the prisoner into my custody in Newgate Street, and charged him with stealing by means of the confidence trick, money amounting to 12l.—they were struggling on the footway and I took hold of the prisoner—Jager said that the other man had run away and got on an omnibus, the prisoner said that he had never seen the other man before, he had just come from Belgium—I took him to the station, where I found on him this purse containing about 6s. and two stamps, also a watch and chain which I believe are not gold, and in a pocket inside his left trousers leg I found 17 notes on the Bank of Engraving, some for 5l. but mostly for 10l., and in his coat pocket I found some tissue paper of the size of the notes.
The Prisoner's Statement before the Magistrate. I am innocent. I never saw the man.
GUILTY .— Twelve Months' Imprisonment .
THIRD COURT.—Monday, November 18th, 1878.
Before Mr. Common Serjeant
MR. EYRE LLOYD and MR. DE MICHELE conducted the Prosecution. HANNAH SIMMONS. I am the wife of John Simmons, of 100, Font hill Road, Islington, wardrobe shop keeper—on 28th September the prisoner came between 7.30 and 8 p.m. and asked to look at a jacket—I saw Mrs. White, who lives upstairs, serve him—she then called me into the shop and gave me something like a sovereign, and I gave the prisoner 15s. 6d. change—I then put the coin in my mouth and the prisoner went away—I went into the parlour and examined the coin and found it was this Hanoverian medal (produced)—I took it to Hornsey police-station and handed it to the inspector—I next saw the prisoner at the corner of Font hill Road, Seven Sisters Road, on 10th October, and gave him in custody—the prisoner had previously to the 28th September been to my shop to sell odds and ends, but he said he had never been there and did not know the Font hill Road.
Cross-examined by the Prisoner. I gave you half-a-sovereign change out of my pocket as I found I was short of change—I have lived in Fonthill Road for nearly 12 months.
ANN WHITE . I am the wife of Edmund White, and lodge at 100, Fonthill Road, Islington—between 7 and 8 p.m. on 28th September I served the prisoner with two jackets, which came to 4s. 6d.—he tendered me this coin, which I took for a sovereign, and Mrs. Simmons gave him the change—I have no doubt he is the man—I had not seen him before—I did not ring the coin—the shop is very dark.
he knew her, he said, "No"—I said, "Have you ever been into Mrs. Simmons' shop?" and he said, "No"—I charged him with going into the shop on 28th September and obtaining two jackets value 4s. 6d., and 15s. 6d. change for a Hanoverian medal—he said he had done no such thing—I received this medal from Inspector Stanford—I marked it at the time.
Cross-examined. At the station Mrs. Simmons said she was in the habit of buying odds and ends of you.
KATE WALLIS . I am the wife of Alfred Wallis, of 334, Essex Road, Islington, a provision dealer—on 4th October, between 7 and 8 p.m., the prisoner came and ordered eggs, butter, and ham, to the amount of 7s. 6d., and asked me to send them to 73, Marcus Road, Mrs. Roberts', and to send change for a sovereign, which the housekeeper would give—I sent the goods by my servant, Mary Ann Bull, about an hour afterwards; she returned in about quarter of an hour and handed me a similar coin to this, with "To Hanover" on it—it was bent very slightly, as this is—the detective marked it—I handed it to Mary Ann Bull, and she left the shop with it—I identified the prisoner on 30th October.
Cross-examined. There was not a solicitor at Clerkenwell who called Mary Ann Bull to prove that you ordered the goods on 10th September.
Re-examined. I have no doubt it was 4th October that I sent Mary Ann Bull with the medal.
MART ANN BULL . I am servant to Mrs. Wallis—on 4th October she gave me some ham, butter, and eggs to take to 73, Marcus Road, where I saw the prisoner at the garden gate—the front door was not open—I said, "These are the goods," and he said, "All right," and took them from me and set them down by the gate—he gave me a medal like this—I did not notice it much—I gave him a half-sovereign, a florin, and a sixpence change, which my mistress gave me—I returned to the shop and handed my mistress the medal—she examined it and so did I, and saw "To Hanover" on it—I then went back to Marcus Road, but did not see the prisoner there—I knocked at the door and a young lady opened it—I then went back to my mistress and gave the coin to her and she gave it to me back, and I gave it to the constable—I did not see the prisoner when he came to the shop.
Cross-examined. I was able to identify you at Clerkenwell—two policeofficers ordered you to take your hat off, and told me to touch you—I identified you at once before you took your hat off—I did swear at Clerkenwell that I served you with the goods on 20th September at 73, Marcus Road. By the COURT. I swear positively that the prisoner is the man to whom I delivered the goods in the Marcus Road—there is a front door up the steps, and a side door which I think leads into the yard—that is where I met him. The Prisoner. It is deliberate perjury, nothing more or less; I was never in the Marcus Road in my life.
WILLIAM CAIN (Detective N). On 5th October I received this coin from Inspector Jenkins, of Dalston Police-station—I showed it to Mrs. Wallis and marked it—I went to 73, Marcus Road, and found there was no one there named Roberts or Whitmore.
Cross-examined. I don't know Mr. Smee.
Cross-examined. A description of the man who passed the coin was sent to the station—you answer the description in every way.
WILLIAM WEBSTER . I am in the employ of the Mint—these are Hanoverian medals made of brass—they are whist markers, and are the same size as a sovereign—they are sold in the streets and in some shops—I am a skilled witness.
Prisoner's Defence. I am one of the parties that Mr. Smee was desirous of poisoning in May, 1876, with chloral, in reference to a will, and this is a conspiracy merely to get me into prison. I never saw Mrs. Wallis, or knew the Marcus Road; I have lived in the Fonthill Road, but I never heard the name of Marcus Road until this charge.
GUILTY .— Twelve Months' Imprisonment .
MESSRS. E. LLOYD and DB MICHELE Prosecuted; MR. THORN COLE Defended. CAROLINE PROSS. I am barmaid at the Hare, and Hounds, New Bond Street—about 6.30 p.m. on 21ST October the prisoner came in for a glass of stout and mild ale, and tendered a florin—I put it in my teeth and put it down on the counter, and said, "This won't do for me"—I took a small piece out of the edge—he threw me down a second florin, I put it in the detector and made a dent in it—I put it down on the counter and he took it up and put it in his pocket—some one else paid for the beer—about a quarter of an hour afterwards the prisoner was brought back—the young man who paid for the beer was in there before the prisoner came in, and had had something and paid for it—I saw one of the bad coins at the station the same evening—this is the one with the dent
Cross-examined. I do not think the prisoner was in the place more than five minutes, he was in the private part—I served him with the beer, and took it away again.
WILLIAM JENNINGS . I am employed at the Horseshoe Yard, Brook Street, and live at Clapham—I was at the Hare and Hounds public-house, and I saw the prisoner tender the second florin—he said that he had not sufficient to pay for the liquor, and a stableman by his side from Mr. Doller's opposite paid for it—it was three-halfpence—the coin was handed back to him and he put it in his pocket—I saw it tested and heard the barmaid tell him it was bad—in consequence of this I followed him and saw him pass across Bond Street, by Mr. Thomas the silversmith's—he joined two other men sitting on the railings, and I heard them talking together—they all went a short distance, when the third party remained on that side, and the prisoner and the other party passed along to Brook Street, and turned the corner—I saw a constable and spoke to him—I then saw the prisoner and the other man go into the White Lion—I went in afterwards and saw the prisoner in the parlour, and the other man standing in the front bar.
Cross-examined. The prisoner was being detained in the bar-parlour in custody—I have seen the stableman in the public-house frequently—I use the house.
LIZZIE CORBYN . I am barmaid at the White Lion, 37, Brook Street—the prisoner came in on the 21ST October, about 7 o'clock, with another man, a stranger to me, who called for half a pint of four-half, which I gave him—he tendered a florin, I gave him the change and put the coin at the back
of Nix's patent till—my master spoke to me and I examined the coin, broke it in the tester, and passed the pieces to my master—this is one of the pieces (produced)—the prisoner was afterwards brought in—I went into the bar parlour where he was, and said that he was not the man that passed the coin—it was the other man who passed it—the prisoner had a pennyworth of tobacco, which he paid for with a good penny—I saw my master give the florin to the constable.
Cross-examined. The prisoner was in the public bar—there were several people there—the two men came in together.
WILLIAM FRITH (Policeman C R14). On the night of 21ST October I saw the prisoner and two other men in Brook Street—they joined at the corner opposite South Moulton Street, very close to the White Lion, and went in the direction of Claridge's Hotel—the landlord of the White Lion came out and gave the prisoner in custody for uttering counterfeit coin—I took him into the house, searched him, and found this counterfeit florin on him, and the landlord gave me this broken one—I also found on him fourteenpenoe in coppers, a shilling in silver, and a pipe—he gave his address 9, Lee Street, Bed Lion Square—I went there the same evening and saw a Mrs. Clibbon, who pointed out the front parlour to me—I searched the place and found this florin under a shoemaker's workbox—I previously took the prisoner to the Hare and Hounds.
Cross-examined. The prisoner was in my custody in the bar-parlour—Lizzie Corbin came in and said he was not the man who passed the coin—I marked the florin—the prisoner gave a correct address—I think he had been drinking a little.
WALTER GEORGE STEBBING . I keep the Yorkshire Grey, Eagle Street, Holborn—the prisoner came there about nine weeks ago—my son who was serving at the bar handed me a bad florin in the prisoner's presence—I put it in the tester, found it was bad, I passed it back to the prisoner, and said, "This won't do for me"—he said, "I took it from my master; don't disfigure it, because I can get it changed by the governor"—there was another gentleman in the bar, the prisoner's landlord I believe; he said, "I will pay for your drinks"—it was about four pennyworth—I told the prisoner I always destroyed such coins so that they should not be passed to any one else, and I did so and threw it on the counter—he did not deny having uttered it.
Cross-examined. I went into the yard at Marlborough Street Police-station with a constable to identify the prisoner among several others and recognised him in a minute.
The Prisoner's Statement before the Magistrate. I acknowledge passing them, but I did not know I had such a thing.
The Prisoner received a good character. LIZZIE CORBYN (Re-examined). The prisoner was sober when I served him, CAROLINE PROSS (Re-examined). I should say he had had a little to drink when I saw him, but not much.
NOT GUILTY .
OLD COURT.—Tuesday, November 19th, 1878. Before Mr. Justice Hawkins.
MR. ST. AUBYN Prosecuted; and MR. AUSTIN METCALFE Defended. ELIZA CORDING. I live at 23, Little Turner Street, St George's-in-theEast—the deceased Catharine McCarthy resided in the same house—I know the prisoner, he is a sailor—he came from New York on the evening of the 30th October—I saw him and the deceased together at my house between 11 and 12; they were sitting in the kitchen—the deceased was in liquor—they were having a few words—I asked what was the matter—the deceased told me to mind my own business—I stayed with them about an hour-anda-half—they kept on having words all that time—the prisoner was sober—I left them in the kitchen and went upstairs to bed—the deceased's room was in the parlour leading out of the kitchen—I had been in bed about five minutes when the prisoner halloed, "For God's sake, for God's sake come down"—I did not go down then—shortly afterwards he sang out again and I went down to her room, and found her lying in bed dead, bleeding at the mouth; the prisoner was lying in bed by her right side—he said "I have done it"—I went for a constable—I saw marks of blows on her forehead and her left upper lip was cut right across and that was where the blood was coming from.
Cross-examined. I had known the deceased six weeks—I lived with her that time—she was not a strong healthy woman; she looked strong—she was constantly in liquor, and when drunk was very quarrelsome and violent—she was quarrelling with me on this night—I wanted her to go to bed and she would not—I did not see the prisoner offer any violence to her—she abused him and called him bad names, and he knocked over the table and broke some things.
ANN LANGFIELD . I am servant to the last witness and live at her house—the deceased lived there, no one else—the prisoner came in on 30th October, about 9.30 or 10, with the deceased, and they had supper together—I went out for an hour leaving them very comfortable together—when I came back the prisoner was putting on his coat to go out—he said he would do for some of us before the night was out—those were the only words I heard—he then went out and swore he would not come back again—I went out after him to Mrs. Blackleg's, not three minutes off—the deceased sent me—he said he would not come back with me—he said he would not come into the place any more—I went back and in about a quarter of an hour he returned with Mrs. Blackley—he and the deceased were then very comfortable and happy together—they were very fond of one another—she told me to go out and leave them together, so I walked out—that was about a quarter to 12—I went upstairs to sleep with Cording about half-past 12 or 1—I generally sleep in the kitchen—after I had been upstairs I heard the prisoner call out "Eliza, Eliza, come down, I have done it"—she ran down and I ran after her and saw the deceased lying dead on the bed, and the prisoner lying alongside of her—she was bleeding from the mouth, her lip was split and her forehead all bruised—there had not been anything the matter with her before—she had been drinking all day and was very aggravating.
Cross-examined. I had never seen the prisoner before that night, I had heard the deceased speak of him very highly several times—she said she was very fond of him and she thought he was fond of her.
MART BLACKLEY . I live at 49, Kinder Street—between 10 and 11 on this night the prisoner came to my house, he said McCarthy was rather quarrelsome and he had come away—he asked me to lend him 5s. to give her, which I did—he went away and came back again—the old woman afterwards came, and I took him back to McCarthy and left him with her in the kitchen good friends—they had always been very partial to one another—she was not sober that night—the prisoner was sober.
Cross-examined. She was rather quarrelsome—I had know them for some time, they were always very partial to one another, and therefore most have been jealous.
JOSEPH PLUMMER (Police Sergeant K 26). At twenty minutes past 1 I was called to 23, Little Turner Street—I found McCarthy lying apparently dead in the bed, and the prisoner sitting in a chair by the bedside—I said "Who has done this?" he said "I have done it," I took him into custody and went for a doctor—the prisoner was perfectly sober.
JOHN MACFEE . I am a surgeon of 176, Commercial Road—I was sent for and found the deceased lying dead in the bed—she had a wound on the right upper lip and there was blood from that on her face and neck, and on the bedclothes—I made a post-mortem examination—there were two bruises in the centre of the forehead close together, one on the chin and one in the centre of the upper lip, the bruises were each larger than a shilling—they would probably be caused by a fist, or a fall—they were not serious, I believe they were recent—the cut was a lacerated cut, not a clean cut, cutting through the lip to the extent of half an inch outside and inside, running to a point to the extent of an inch and a quarter—that might have been caused by a blow from a fist—on opening the head there was congestion of the membranes of the upper part of the brain generally, and a large clot of blood at the base of the brain—she was not in a healthy state, many of the organs were diseased—I believe they were not sufficiently diseased to cause death independently of the blow—in my opinion the cause of death was extravasation of blood at the base of the brain, caused by violence—I believe a blow from the fist would be sufficient to cause it—there was nothing else to account for death.
Cross-examined. With such diseased organs drink would be a very bad thing, or to engage in quarrels—it must have been some material violence which caused the clot of blood, I don't think mere excitement would do it
The Prisoner before the Magistrate stated that the deceased being very violent and calling him ill names, he gave her two or three slope in the face, that after getting into bed she began bleeding from the mouth, and he became alarmed and called for assistance.
GUILTY.Recommended to mercy by the Jury on account of the great provocation. — Three Months' Imprisonment .
MR. WHITE Prosecuted; and MR. BUTLER Defended. CHARLES JOHN LISSON. I am a diamond merchant and live at 46, Beresford Road, Highbury—on 25th September I left the City about 7 o'clock in the evening, I calle 4 at the Bank Stores refreshment rooms, in Throgmorton Street, opposite the Stock Exchange—I was in there about half an hour—I left about 7 and went from the Broad Street station to Canonbury, which is about four minutes' walk from my house—I had in my possession some loose diamonds, a box with seven diamond rings, a little box with a pearl pin in my left-hand pocket; in my right pocket I had some sapphires and pearls, and in a back pocket in my trousers a box with diamond rings—in my waistcoat pocket I had a watch and chain, and another very fine watch worth about 30l., also four half-sovereigns, a watch-glass, three keys, a pearl measure, and about 10s. in silver—the value of the property of which I was robbed was about 300l. to 400l.—I went straight home from the station, I met nobody; when I was within three or four doors of my house somebody came behind me and put his hands over my eyes, I thought at first it was a joke, but as they did not take the hands away, I began to struggle—at that moment the hands came off me, and a man came in front of me; that man was the prisoner; he tried to put his hand in the breast of my overcoat, and seeing what danger I was in, I tried to button my coat—I began to scream, but I was choked and could only bring out "Oh"—I then got a knock in the back and fell senseless—when I recovered I saw nobody; I was lying on the ground I dare say two or three minutes, when I got up I found my property gone, not all of it, some was left in my other pockets—I got up and went home and told my wife, and we took a hansom and went to the station and gave information—two or three weeks afterwards I saw the prisoner at Highbury Police-station, he was with six or seven people—I identified him and have no doubt about him—I was sober.
Cross-examined. I was in the Bank Stores about half an hour—I showed some diamonds there—there were about 10 or 15 people there—I did not see the prisoner there or at Broad Street station—the man had his hands over my eyes half a minute; the whole affair was not more than two minutes—I don't think the policeman was standing near me when I identified the prisoner at the police-station; there was a woman there—she had not made any communication to me—I am not in the habit of showing my diamonds in public-houses—in certain refreshment-rooms I show them where gentlemen come in.
JOHN CAVANAGH (Policeman N 442). On 13th of October between 12 and I a.m. I was on duty in Cross Street, Islington, and heard some conversation between some women, in consequence of which I communicated with a woman named Mc. Gavan, and went to the prisoner's residence that same morning with a sergeant—I saw the prisoner there, and took him to the station, and charged him with this offence—the female made a statement there in his presence—she was there at my request—I told the prisoner we should detain him for being concerned with two other men not in custody in assaulting a gentleman in Canonbury, and stealing a quantity of diamonds and jewellery—the female said in his presence that he was the man that went behind the prosecutor, and that he held him and took the diamonds from his pocket, and there were two more men in company with him—she said the diamonds were sold for 150l., the prisoner having 50l. for his share, and that he had furnished the two rooms where he was living with the proceeds
of the robbery—she said that they left the prosecutor insensible on the footpath; that they had followed him from the City—she also said "If you go to the house you will find both rooms all nicely furnished with the proceeds of the robbery"—I went there and found it correct—the prisoner made no reply to what the female said; he merely smiled.
Cross-examined. The woman is not here that I am aware of—I heard that she and the prisoner had had a quarrel, and that he had been taken to the station on the 12th, but she was not charged—I have not heard that the whole of the furniture was sold for 30s.; it was removed from the house the same day he was remanded—I don't know where the woman is—I have searched everywhere, and cannot find her—she did not appear at the police-court—I have not seen her since.
CHARLES JOHN LISSON (Re-examined). The prisoner is the man who was in front of me—I had never seen him before—it was a dark night—there was a gas lamp about four houses off; that would be about twice as wide as this Court—it was light enough for me to see distinctly—I looked the prisoner in the face when he wanted to rob me, which made a great impression on me—it all happened in a minute, and in that minute I had a view of the man—he was dressed in a brownish coat, but I did not look at that—I looked particularly on the face—I noticed the moustache; there was nothing else about the face that I noticed—I don't remember anybody following me, but I heard somebody coming behind me before the hands were put on my eyes.
GUILTY . The Prisoner also PLEADED GUILTY to two previous convictions.— Ten Years' Penal Servitude .
NEW COURT.—Tuesday, November 19th, 1878.
Before Mr. Recorder.
16. WILLIAM BURROWS (40) and WILLIAM SYDENHAM WILLS (51), Unlawfully obtaining by false pretences an order for the payment of 50.l., with intent to defraud, upon which MR. BESLEY offered no evidence. NOT GUILTY
MESSRS.POLAND and GRAIN Prosecuted; MR. DAVIS appeared for Donald, and MR. BESLEY for Ming. STEPHEN HENRY GIBBS. I am a cashier at the London and Westminster Bank, Lothbury—on Saturday, 12th October, about noon, Donald came there and presented this bill of exchange—I asked him how he would take it—he said "12 fives, and the rest in gold"—I went to the back of the building to compare the signature, and when I went back to the counter five minutes afterwards he had gone—I had then discovered that it was not genuine—he came back about 2 o'clock, and asked for the money or the bill—I had then communicated with the solicitor to the bank—the prisoner said that he received the bill from a countryman at the Coach and Horses, Holborn—I said "Why did you go away?" he said "I had an appointment at Millwall"—he said that he had advanced 5l. on the bill, and had received this I O U (produced)—I sent for an officer, and he was given in custody.
STEPHEN NELSON BRAITHWAITE . I am one of the firm of Travers, Smith, and Co., solicitors to the London and Westminster Bank—on 12th October I was sent for to the bank and found Donald there—I asked his name and how he became possessed of the bill—he said "My name is Donald; the bill was given me by a countryman last night"—I said "Under what circumstances?"—he said "I advanced 5l. on it"—I said "What is the name of thecountryman?"—he said "Hunt; I am employed at the Coach and Horses Hotel, Holborn. Three days ago Hunt came to drink at the bar, and spent some shillings or 1l. there each day. Last night I was proposing to go to Doughty Hall in company with two or three friends who were in the hotel and proposed to go with us." (that is in Bedford Row) "We went together there, and Hunt spent some money in drink. We were leaving about 5 o'clock in the morning, and Hunt wanted to go home with a woman, and asked me to lend him 5l. I said I did not know sufficiently about him to lend him the money. He then offered me his I O U. I said that that was not sufficient; we then came back to the Coach and Horses. Hunt produced a bill from his pocket, and said he would give me that as security. I lent him 5l., and he gave me this I O U," producing it from his pocket to me—he said "It was arranged between us that I should present the bill, and Hunt would come to the Coach and Horses at 7 o'clock for the balance"—I asked him Hunt's address—he said that he did not know beyond "Leeds," but that Hunt would come that evening for the balance—I asked him if he knew no other address—he said no, but he had been drinking there two or three days—I asked him if he could find him—he said he did not know, but he would be at the Coach and Horses that evening at 7 o'clock—on that he was given in custody—I saw him searched and 2d. and some duplicates found on him.
WILLIAM WEST . I rent a room at the Coach and Horses, 81, High Holborn, which I use as a dining-room—on Saturday morning, 12th October, about 9 o'clock, Donald came there and said, "I should like to lie down on the stairs until Horton comes, with whom I have an appointment at 10 o'clock, as I particularly wish to see him, he has to do a job for us in the City, and they will have plenty of quids in the evening"—I knew Horton there by sight, and I might have seen Ming—I allowed him to rest in my room, and about a quarter to 11 I saw Horton and Ming in the bar together—I said to Horton, "Donald is resting, and he wishes to see you as the appointment is for 10 o'clock"—they went up to the room where Donald was lying, which is separate from my dining-room, and at 11.15 I went into my dining-room and saw Horton and Ming sitting together—Donald was not there, I saw him in another part of the house getting himself ready to go out—I asked Horton and Ming to leave at 11.45 and they left together—Horton came back into my dining-room about 1.30 Ming was not there—Horton asked me if I could give him and a friend credit for dinner, till Donald came back—I said if it was on Donald's credit I could not, as I knew he had no money, and I did not consider his credit good—he said that it did not depend upon Horton's credit at all, as he had gone to do a job for him in the City, and when he returned he would have plenty of money, and he would be back soon—upon that I agreed to give him credit for two dinners—he then went down and came back with Ming and dined, and left without paying, and they never have paid.
Cross-examined by MR. DAVIS. I have known Donald some time, and know
nothing against him—he did not say that Horton had promised to lend him some money; he said, "We shall have some quids in the evening"—he was a little in liquor.
Cross-examined by MR. BESLEY. I knew Horton by sight—I did not know Ming as Ming, I have seen him at the Coach and Horses, but did not know who he was, nor do I remember seeing him in Horton's company till that day—when I went down, drinking was going on, and six or eight people were in the same compartment with Horton and Ming—I don't know who was paying for the drink—I was outside the bar—Horton went away with Donald to a different part of the house—when Horton asked for credit for two dinners he was alone.
Cross-examined by Horton. I said that you were wanted "for a job in the City."
HENRY JAMES CLARKE . I assist my brother, the proprietor of the Coach and Horses—before 12th October I had known Donald about three weeks by name, as a customer there, and the other two prisoners also during the three months I have been there—on Friday, 11th October, I went with Donald to Doughty Hall, and was there with him till 4 a.m.—he asked me to lend him half-a-crown, which I declined—he left with me on the Saturday morning, and we went to the Coach and Horses—he stayed with me there, and about 10 o'clock we went out—about 1 o'clock I saw Horton and Ming there, and Donald was with them between 1 and 2—he then asked me whether I had seen him give a 5l. note to a man last night; I said, "No"—I saw them all three again at 7 p.m.
Cross-examined by Davis. Donald, was with me the whole evening at Doughty Hall—I did not see the other prisoners there—Donald was with me the whole time off and on—we were drinking at the bar—a great many other people were there.
Cross-examined by MR. BESLEY. Donald said, "Did you see me give a 5l. note to a man?" he did not say "to a countryman"—I do not know whether he meant at Doughty Hall—Ming was not at Doughty Hall to my knowledge.
JOHN FREDERICK OTTER WOODLEY . I am a public-house broker of Great Russell Street, Bloomsbury—I knew Horton about six months before this making inquiries at my place about public-houses—on Saturday, 12th October, I went on business to the Coach and Horses, Holborn, and was in the bar parlour about a quarter to 11 a.m.—I also know Ming by sight, going about with Horton for two months—they were both in the bar, and I heard them go upstairs, I went up and saw them in the dining-room—I have known Donald about 12 months, and know his writing—no portion of this bill is his writing.
Cross-examined by MR. BESLEY. I know nothing of a scheme for licensing Serjeants' Inn Hall—I will not swear that I have seen Ming with Horton more than six times.
DANIEL RICHARD HARVEST . I am a member of the firm of W. and D Harvest, drysalters, of Dowgate Dock—we have had an account at the London and Westminster Bank for some years previous to 1871—the acceptance to the bill is not written by me, or by my authority—I know nothing of the transaction—we have had transactions with the drawers, Whatley, Rimmer, and Co., but always for cash—a person named Albert Horton was in our employment in 1871 as junior clerk, for rather more
than three months, and lived with his mother, as I was informed, at a newspaper shop in Greenwich—I saw him daily, and believe Horton to be the man—he would, I suppose, know the persons with whom we had business transactions.
Cross-examined by Horton. I do not know that you knew the name of our bankers, or whether you ever went there—I believe you left with a good character.
JAMES POWELL . I am a solicitor, in partnership with Mr. Harris, of 34, Essex Street, Strand—a portion of Serjeants' Inn was to let; it was advertised at the beginning of this year, and on 26th February Horton and Ming came to me and wished to hire the whole of it to start a restaurant—they agreed to the conditions, and in the course of the transaction I received from them several letters and memorandum heads—I saw them together repeatedly—Horton was to be the proprietor in the first instance, but after three or four interviews I found that Ming and Horton were to be together—the agreement was with Horton and the draft lease was to Ming and Horton—Horton wrote this letter (produced) in my office; I saw the first part of it written—I have some other papers which were taken by the police from Serjeants' Inn—I believe the words "Accepted; payable at the London and Westminster Bank, Lothbury," to be in Horton's writing, and I think the signature of "Harvest" and "Whatley, Rimmer, and Co.," are in Ming's writing, but I cannot say so.
Cross-examined by MR. BESLEY. I had nothing to do with the, licence or with the notice to comply with the Act; I merely let the hall to them—for the purpose of the six weeks that the notice must be on the door of the premises Horton got access to them—I saw Ming there 20 times, but I cannot say for certain; I have not referred to my call-book to ascertain; it is mere vague memory, but I have seen him two or three times a day—I have not seen Ming write, but I have compared these letters in the letter-book, which I think are his writing, and they are very much alike.
Re-examined. One of these documents signed "Thomas Ming" is on a printed form—up to 20th May Ming and Horton were the only persons I negotiated with—I saw him on the subject of this document in the printed form—one of the letters I produce is headed "7, Parsonage Walk," so that I speak to Ming's writing from seeing that, and also from the letter-book taken from the hall.
JAMES FORTESCUE . I am a hatter of 129, Fleet Street—on 18th May Horton came in with another man, and I saw them each served with a hat by my shopman, who brought me this cheque for 6l. 5s., signed "Walter Hammond," on the Commercial Bank, dated 18th May—Horton presented me with this card, "Albert Horton, manager, Serjeants' Inn Restaurant, Chancery Lane;" he said he had bought two hats and had not sufficient
money to pay—I said that the cheque was not a legal tender, and it was 9 o'clock on Saturday night—he said "Quite right, here is the drawer of the cheque; you know me, here is my card, I am manager of the new restaurant at Serjeants' Inn"—I had seen it advertised for two or three months, "Horton, manager"—he gave me a reference to Mr. De Vere, of the Metropolitan newspaper—I gave him the change, deducting the price of the hats, which they took away—I passed the cheque to my bankers, the City Bank, and it was returned marked "No account"—the man introduced as Walter Hammond was about 40, dark and thick set
Cross-examined by Horton. You told me that you had won the hats at billiards, and that Hammond had lost—I handed the money to you, not to Hammond—I afterwards went to the police, who granted me a detective.
JACOB MAGNUS . I am a wine merchant—about 3rd May Ming came to me with reference to an advance on some brandy warrants, and I went to see him at Serjeants' Inn—I think Horton was there—I advanced Ming 27l; 15s. on this warrant, which I took as security, and he signed this agreement in my presence—he endorsed the warrant "Ming and Co.," and I gave him this cheque for 27l. 15s. on the London and Westminster Bank, Lothbury—I wrote it at Serjeants' Inn; that is the reason it is on plain paper—I sold the brandy about 6th August, and there was a little surplus left; he called at my office and I gave him cash to balance the transaction—I know nothing of this document; it was not written by my authority. (MR. BESLEY objected to this evidence, as the document was not proved to be in the writing of either of the defendants, upon which MR. POLAND withdrew it.)
EDWARD DAVIES . I am a commercial traveller—I have known Horton about three years, and Ming about four months—Horton introduced Ming to me in connection with Serjeants' Inn Restaurant, but I did no business with them there—I may have seen Horton once between then and 15th October, and he gave me his address in Farringdon Street, at the Licensed Victuallers' Association, and asked me if I would call on him. (MR. POLAND, proposing to give evidence of subsequent forgeries, MR. BESLEY submitted that as the forged instrument was uttered on 12th October, the Prosecution could not, to show guilty knowledge, give evidence of subsequent forgeries, as subsequent conduct would not throw light upon antecedent conduct. MR. POLAND stated that the object of the evidence was to connect Horton and Ming with Donald. The COURT considered the evidence admissible, but took a note of the objection.) I saw Horton and Ming in Brixton Road on 15th Oct., about 4 p.m.; Horton said "Davis, how are you, what are you doing now?"—I said "I am travelling in sauces and chutneys," and showed him the contents of my bag—he sail "Well, I shall be able to give you a good order, I am going to take a business up here; lend me your bag a few minutes," which I did, and he left Ming and I together and turned up Basil Road—he came back in a few minutes and crossed the Brixton Road, taking a turning towards Clapham Road; I called out "Where are you going, because I am on my way to Camberwell?"—he said "Come along, old man, you are not in a hurry for five minutes"—we followed and caught him, and we three walked together—Horton left us in the Clapham Road, told us to walk on, and went into a baker's shop; he came out in a few
minutes, and we crossed over the road to him—he had a quiet conversation with Ming, and I waited—Horton came back and said "Have you a customer near who would be likely to change a cheque for five guineas, payable to Misses Morris, of Mornington House, the establishment up there?" holding this cheque (produced) in his hand—there was nothing on the back of it then—Ming said to Horton "I don't know their initials," meaning the Misses Morris—Horton said "I believe it is Emile and A. Morris; if you put Emile and A. Morris, I dare say that will do"—Ming said "Had not we better each of us sign a portion of it?" and he mentioned the letters, but I cannot swear to them; Horton said "No, that might be detected"—Horton then said to me "Have you got any money?"—I said "No"—Horton then gave the cheque to Ming, who crossed the road and went into a stationer's shop—he came out in three or four minutes, came across to us with the cheque open in his hand and gave it to Horton; it was then endorsed "Emile and A, Morris"—Horton then took it back to the baker's shop and came back without it—he said nothing to ma except "We will go and have a drink"—we did so, and they very soon left me, and I went to the baker's shop, Mr. Reichter's; and there saw this cheque—from there I went to Miss Morris's school, and then went with Mrs. Reichter to the police-station—I saw a report of this case at Guildhall and communica ed with Serjeant Spittle.
Cross-examined by MR. BESLEY. They gave me half-a-crown before they left me, that was after I had told them I had no money—I presume they knew that I bore a perfectly good character.
Cross-examined by Horton. Ming said that he had a daughter a pupil at Miss Morris's, and had been there that morning and got the cheque—I knew where to find your brother—I could see that there was something bad about the cheque, but did not tell you so because you might have dropped me into it innocently—I had no time to think about it, you were off.
ELEANOR REICHTER . I am a baker of 93, Clapham Road—on 15th October, Horton brought me this cheque "Pay Miss Morris or bearer 5l. 5s., Walter Wilkinson," with Miss Morris's compliments, and would I be kind enough to change it, as she was going to pay him and had not got enough money, and that he was a traveller in the grocery and pickle line—I looked at it and found it was not endorsed—he said "Miss Morris was rather busy when I left, I will soon run down and have it endorsed"—he left with the cheque and returned with it in a quarter of an hour endorsed as it is now—I gave him 5l. in gold and two half-crowns, and he left the cheque with me—I took it to the station—I supply Miss Morris with bread.
SUSANNAH MORRIS . I live at Mornington House, Clapham Road, and keep a ladies' school—my sister is in partnership with me, her name is Amelia, not Emile—I know nothing of this cheque or of any Walter Hutchinson.
JOHN WARD . I am superintendent of the detective police at Leeds—I received information from London, and on 21ST November I went to a place called Briggate, in Leeds, close to the Napoleon Restaurant, and saw Ming and Horton come there—I said to Ming "Good morning, Mr. Bing;" he said "Good morning"—I said "I want to speak to you"—I took his arm and we walked together into the restaurant—there were bills on the door "Thomas Bing and Co., Napoleon Restaurant"—I saw Horton at the farther end of the shop, and said "I suppose that is your partner, Mr. Horton?" he hesitated and said "Yes"—I told another officer to bring Horton, and
said to Bing, "You must come with me," and as we went along I said, "I apprehend you on a charge of forgery in London"—he said, "Will you let me see the information?" I said "Not now, you shall see it in due course"—he asked me in Horton's hearing at the Town Hall who signed it; I said "I cannot tell you just now," he said "I only want to know, to know who is responsible, because somebody will have to pay for it"—I found on Ming this little pocket-book (produced), and on Horton some miscellaneous articles and a large number of papers and cheques; this is one of them. (Read: "London and Birmingham and Yorkshire Discount Company, Limited, 110, Cheapside. Pay Miss Morris 5l. 5s. Richard Moore, October 14th, 1878.") I afterwards received these cheques and letters from Mrs. Read; I did them up in parcels for ready reference.
Cross-examined by Horton. A great part of them are letters in reference to the restaurant—the cheque found on you has a pencil mark through a portion of it, and something written in pencil above. ("South Staffordshire Bank" was crossed out and "Yorkshire Discount Company" substituted.)
MARY READ . I am the wife of Jabez Bead, of 4, New Park Street, Leeds—I let a bedroom to Horton and Ming on 16th October—I knew Ming as Bing, and Horton as Mr. Wood—a young man who lives with me still sleeps in their room in a second bed—when the police came I took this bundle of cheques from a drawer in the dressing table and gave it to Ward—the drawers were empty when they came.
Cross-examined by MR. BESLEY. They occupied the room a fortnight and three days—the other young man has been there nearly eight months—he had the same use of the room as the prisoners, but he was not so much there.
JACOB HYDE . I am a boot and shoe maker, of 50, Newington Butts—my back kitchen window looks upon Parsonage Walk, and I can see No. 7, where I have seen Ming going in and out for four or five months—I have missed him for about a month—I saw Hunter go there last bank holiday, and he sometimes came there of a morning and whistled, and Ming came out and they went away together.
JOHN SPITTLE (City Police Sergeant). I took the prisoner at the London and Westminster Bank—he made a statement to me similar to what I have heard from Mr. Braithwaite—I took him to the station, and saw Underwood find an I O U upon him—he said, "That is an IOU; take care of it; I received it from the man from whom I received the bill of exchange"—I asked him when he got it; he said, "This morning at Doughty Hall"—about 7 o'clock the same evening I went to the Coach and Horses, and waited fully an hour in the bar-parlour—I had previously communicated with the landlord, and when Horton was brought in about 7.30 I said, "Clarke tells me that about 1 o'clock to-day Donald asked him whether he did not see him give a man a 5l. note last night," and that Horton was present and heard it—I said, "Did you hear it?"—Horton said "No"—I told him Donald was in custody for uttering a forged bill of exchange at the London and Westminster Bank, and he said, "I will assist you if I can"—I said, "What is your address?"—he said, "At the stationer's shop, Royal Hill Greenwich"—I asked him if it was a door or two up on the left side, where newspapers are sold—he said "Yes"—I said, "I have seen a lady serving there; I suppose she is your mother?"—he said "Yes"—on 14th October at Guildhall Donald made a statement to me in his cell under the Court—he had beckoned to me as ho went down—he said, "I don't see why
I should have five years' penal servitude for nothing; a man named Horton gave me the bill of exchange; I met him in the Coach and Horses on Saturday morning at 11 o'clock by appointment; we all went to the City together, and when we got to the European, Horton gave me the bill of exchange to take to the London and Westminster Bank, and they were to wait till I returned; I went with the bill to the London and Westminster Bank, where there seemed some difficulty about getting it paid, and I left without receiving the money, and returned to the European; Horton and Ming had left there; I returned to the Coach and Horses, where I again met Horton and Ming; I asked them whether the bill was all right, as I had not received payment for it; they assured me that it was; I had been drinking; I had some more drink with them, and we all again returned to the City; on the way Ming said, "You had better have an I O U to show to the bank;" we went into a public-house, and there Ming wrote an I O U for 5l.; we then went on to the City, Horton and Ming accompanying me to the London and Westminster Bank; I went to the bank a second time, and was detained"—I understood from him that the I O U found on him was the I O U that Ming wrote—Donald was very much the worse for liquor when I took him—I went to Serjeants' Inn on 17th October, broke open a tin box with "Thomas Ming and Co." painted on it, and found in it this copy letter-book produced.
Cross-examined by MR. DAVIS. I believe it is due to Donald's assistance that the other prisoners are here to-day.
Cross-examined by MR. BESLEY. I did not mention this statement before the Lord Mayor because Mr. Grain said that it would not be required then—I took down a written statement from Donald in Newgate.
JAMES EDWARD JONES . I am manager of the Commercial Union Deposit Bank and Building Society, 45, Fish Street Hill—we never had any customer named Walter Hammond—I do not know any of the prisoners this cheque is on one of our forms, and is numbered 20134.
GEORGE BRYANT MASON . I am a clerk to Glyn, Mills, and Co., 67, Lombard Street—we had no customer named Walter Hutchinson on 15th October—these forms are out of a very old customer's cheque-book; I cannot tell whose now.
JOHN RICHARD BROWN . I am manager of the Hermitage Bonded Vaults, East Smithfield—this (produced) is one of our warrants for three hogsheads of brandy, arid this is the delivery order upon which the warrant was issued and lodged at our place. (This was signed "Thomas Ming and Co.")—I received these four orders; three are for sampling these three hogsheads of brandy, and one is to prepare the warrant.
CHARLES CHABOT . I live at 27, Red Lion Square, and have for a great many years made handwriting a study—I have a great many times given evidence in various Courts—in my judgment this pencil writing, "I O U Mr. Donald 5l., Charles Hunt," and the cheque of 15th October in favour of Miss Morris, signed Walter Hutchinson, are in the same handwriting—the "f" in "five" and the "p" in "pounds" correspond in each—looking at this
agreement proved to be Ming's writing, this warrant endorsed "Ming and Co.," this wharfinger's note endorsed "Thomas Ming and Co.," and these other documents, are all in Ming's writing, except one, which is Horton's, but the signature to that is Ming's—the signature on the back of this warrant and the signature to this agreement are in the same writing, and I have no doubt that the cheque payable to Miss Morris and the I 0 U are also in Ming's writing—also the cheque of 18th April signed Walter Hammond—I cannot give an opinion upon the cheque found on Horton in favour of Miss Morris—I have carefully examined this bill of exchange, the signature of the drawer, "Whatley, Rimmer, and Co.," and the endorsement; they are all Ming's writing, but I cannot prove the acceptance; I doubt it being Horton's writing, and I believe it is Ming's—I find more of Horton's writing on the bill—I have seen the letter which Mr. Powell saw him write, and have compared it carefully with that view.
Cross-examined by MR. BESLEY. Juries sometimes follow my lead, and sometimes they do not—I find it far more difficult to speak to pencil writing—when writing is disguised it is more difficult to detect, and it requires more attention on my part—it is much more difficult to speak to mercantile free hands until you come to study them, and then the more you study them the more similarity you find; I should be perhaps three months comparing 100 of them, and I might make a mistake in some of them or I might not—I began to study these papers last night at 6 o'clock, and was studying them for an hour and three-quarters—I studied them again this morning—I knew that the prisoners were in custody, and that the bill I was seeking to father upon one of them was the one in the indictment—I do not care whether I know the charge or not—I have said that I prefer not to know from which side my instructions come.
Re-examined. There are cases in which the writing is very obscure and difficult, but I found no difficulty whatever in this case—there are peculiarities which satisfy me.
Horton, in his defence, contended that, as it was seven years since he was at Messrs. Harvest's, it was not likely that he should remember their signature for so long a time; he denied telling West that he expected some money by Donald, and stated that the cheques found at his lodging did not belong to him, that he believed the cheque to be genuine which, he cashed at Messrs. Reichter's, that he gave his real name to Mr. Fortescue, who knew him to be the manager of the dining hall, and could easily find him not 100 yards off, that he went to Leeds to buy an estate, negotiations for which were still going on, and that he had acted innocently throughout.
Donald and Ming received good characters. DONALD— GUILTY, of uttering . HORTON and MING— GUILTY . Mr. Davis stated that Donald had done everything in his power to assist the Prosecution, and had made every atonement he could. DONALD— Twelve Months' Imprisonment . HORTON and MING— Five Years each in Penal Servitude .
THIRD COURT.—Tuesday, November 19th, 1878.
Before Mr. Common Serjeant.
18. LABAN CROXON (30) PLEADED GUILTY to forging and uttering a cheque for 4l., with intent to defraud; also to three. other like indictments. He received a good character.— Nine Months' Imprisonment . And
MR. RIBTON Prosecuted.
EDWIN JAMBS . I am a general dealer, of Butchers' Row, Southwark—on 11th November I went to Stepney with George James about 6 p.m.—I purchased a donkey for 2l. 10s—we returned to London with it tied behind our donkey cart—when near London Bridge we went into a public-house at 11.30 or 11.40, leaving the donkeys outside—in about five minutes we came out, and they were gone—I saw them at Seething Lane Station next morning at about nine o'clock.
GEORGE JAMES . I am the owner of the donkey, barrow, and harness—I went to Stepney with Edwin James, and on returning we went into a public-house about 11.20 or 12, and on coming out the cart and donkeys were gone—I identified the donkeys, harness, and barrow.
JOHN HEAVEN (City Policeman 798). I was on duty in Gracechurch Street on Monday night, 11th November, at about 11.40—I identify Woodman, who was driving on the side of a barrow, and coming towards me—there were two donkeys—another man was lying down at the bottom of the barrow—I cannot identify him—Woodman asked me for a light to enable him to untangle the reins from the barrow wheel—he drove in the direction of Bishopsgate Street away from London Bridge—I was in uniform—I next saw him in a cell at the Mansion House with others, and identified him.
FRANCIS WOOKEY (City Policeman 847). I was on duty in Fenchurch Street on 11th November, opposite Heaven's beat in Gracechurch Street, just before 12 o'clock—I saw two donkeys and a costermonger's barrow with two men—one was driving—I identify Clarke—he said, "We are getting on fine, and shall be home soon," or words to that effect—I looked at him, and they passed on, and I turned towards Fenchurch Street—I identified him at the Mansion House with several other prisoners.
Cross-examined by Clarke. I did not say at the Mansion House you were lying drunk at the back of the barrow—whether you were drunk or not I do not know—I saw your face plainly.
THOMAS TOWNSEND (City Policeman 920). I was in Houndsditch on the night in question, and saw a costermonger's barrow and two donkeys; Woodman was driving, and Clarke sitting up with his back towards the seat—I swear to both of them—at about 8 o'clock next morning I went towards Mile End in consequence of information I received, and saw the two prisoners again in the barrow, and recognised the two donkeys—I asked them where they got the donkeys from—Clarke said he found them in Wentworth Street, and was going to take them to Leman Street Police-station—I took them there, and then to Seething Lane, where Clarke said he found them in Prescott Street—they were charged—there were eight sacks in the barrow, which apparently had been used for sawdust
Clarke. He is wrong in saying Wentworth Street, because when he asked me I told him it was Prescott Street, by the Saw Mills; that is where I found them.
The Prisoners Statements be/ore the Magistrate. Woodman says: "I was
indoors at 4 on Monday afternoon till 7.30 on Tuesday morning. I never went out. When I came out I saw Clarke with two donkeys outside. I said, 'Whose donkey 8 are those? ' He said, 'I found them last night' I said, 'What are you going to do with them? ' He said he was going to take them to Leman Street Police-station; and he said, 'Jump up; I am going that way, ' and so I did. As soon as I got up I was taken into custody." Clarke says: "I was in the Ben Jonson public-house in Goodman's Yard from 9 on Monday night to 12.20 on Tuesday morning. On leaving there I saw the donkeys going down Prescott Street; no one was with them, and then I took charge of them."
Witness for Woodman.
THOMAS PEARCE . I saw you at 200, Brick Lane, at 4 o'clock, on the night the donkeys were stolen, and asked you to show people up to bed for me, which you did till 12 o'clock, when you went to bed and you got up at 7.30 next morning.
Cross-examined, Brick Lane is about two miles from London Bridge—I saw Woodman last about 12 o'clock on Monday night in the kitchen, and I saw him go out in the yard, through to bed—I saw him again at 7.15 a.m.—Brick Lane is not five minutes' walk from Mile End Road—200, Brick Lane is a lodging-house—there are 85 people there, men and wives—I dare say 14 slept in the same room with him—none of them are here—I am a watchman and was up all night in the kitchen—I see him go to bed every night—he is regular—if he had been out all night I should have known it by his telling me next morning if he did not tell me, his bed would be empty—I go into the rooms to examine the beds and am responsible—I look at them at 3 a.m., the time I take the money up to the governor—at 3 o'clock that morning I knew he was in bed—I saw the bed full—he had his head covered—no one sleeps with him—the regular men's beds we never let, we keep them till the next morning—that is why I am sure he was there—I was never asked at the police-court whether I saw him at 3 o'clock in bed.
Witness for Clarke.
JANE CARTER . On the night of the 11th I was standing in the bar of the Ben Jonson, Goodman's Yard, Minories, and saw you there—about 9 o'clock you commenced to play at bagatelle, and I did not see you move out of the bagatelle-room till a few minutes after 12 o'clock, when you bade me good-night—you were playing with your two brothers and the governor's son Cross-examined. None of them are here—I had seen him there before—my husband was with me—he is not here—Clarke is my brother—he lives at 200, Brick Lane—I believe at the same place as Woodman.
Woodman in his Defence repeated his Statement before the Magistrate. Clarke's Defence. "I was going past Lazarus's saw mills; I saw the two donkeys without any one with them; I thought I knew them and took them and had them in my care the whole time, and had no intention of stealing them I have too good a living to steal.
GUILTY .— Twelve Months' Imprisonment each .
21. WILLIAM McLENNAN (28) PLEADED GUILTY to unlawfully obtaining 11s. of the Army and Navy Co-operative Society, by false pretences.— Judgment Respited. There were eight other indictments against the prisoner for forging and uttering workmen's tickets upon which MR. STRAIGHT, for the Prosecution, offered no evidence. NOT GUILTY .
22. HANNAH WILLIAMS (24) and MARY HANLEY (36), Stealing a watch, a chain, a purse, 14 postage labels, and three receipt labels, the goods of Frederick Alwyn Charteris. WILLIAMS PLEADED GUILTY to stealing the watch.
FREDERICK ALWYN CHARTERIS . I live at 51, Alma Road, Bermondsey, and am a shipping clerk—at about 8 p.m. on October 30th I was accosted by one of the prisoners in Fenchurch Street, and then the other instantly after—one of them said "Where are you going, my dear?" and the other said "Are you going to treat us?" I shoved them away, and after walking about half-a-dozen yards I missed my watch—I caught Hanley and I asked a constable to arrest Williams, who was 20 or 30 yards in advance, and I saw her hand my watch to him—this is it (produced), it has a steel chain—I picked up my purse at the station, and handed it to the constable—it had fallen where they were standing—I do not know which of them took it
Cross-examined. I did not miss my purse till I got to the station—it was in my trousers pocket—I was perfectly sober.
CHARLES MATTHEWS (City Policeman 806). I saw Williams running in Mincing Lane—I stopped her and saw the prosecutor holding Hanley—I took Williams back to him, and he charged her with stealing his watch and chain and gave both prisoners in charge—I asked Williams what she had in her hand and seized it—she said "It is his watch, I took it from him, the other one didn't have anything to do with it"—at the station I saw the prosecutor stoop and pick up the purse which was lying between the two prisoners—I did not know Hanley and have not seen the two together before.
HANLEY— NOT GUILTY . WILLIAMS was further charged with conviction of felony on 16th October, 1877, at Newington, in the name of. Catharine Keat, to which shee PLEADED GUILTY**— Seven Tears' Penal Servitude .
FOURTH COURT.—Tuesday, November 19th, 1878.
23. THOMAS JONES (17) and WILLIAM WRIGHT (19), PLEADED GUILTY to a burglary in the dwelling-house of John Wheatland Dace, and stealing one box and other articles of Frederick William Masters and another.— Six Months' Imprisonment .
24. ALBERT VINCENT (33) to unlawfully obtaining by false pretences 10 valuable securities belonging to Count Charles Albert Barrois de Sarigni.— Judgment Respited. [Pleaded guilty: See original trial image.]
25. GEORGE ROBINSON (24) to a burglary in the dwelling-house of John James Pearce, and stealing a quantity of whisky, cigars, and other articles.— Six Months' Imprisonment . [Pleaded guilty: see original trial image.]
28. AMELIA SOUTHGATE (21) to forging and uttering an order for 10l.; also to stealing six yards of flannel and other articles, the property of Edward Frederick Crowe, her master.— Eight Months' Imprisonment, and to pay the costs of the prosecution . [Pleaded guilty: see original trial image.]
MR. DE MICHELE Prosecuted; MR. BURSETT Defended.
ARTHUR. GEORGE WOOD . I live at 706, Old Ford Road—on the evening of 21ST September I, my brother Henry, and a man named Hooper went to the prisoner's house—his wife came to the public-house where we were, and asked me to go there—the prisoner said "Arthur, will you listen to reason?"—I said "Yes," and while I was talking to him he asked me to go inside—I did not want to go inside, and he said "We don't want a row outside," and shoved me away from the door—his wife said "Bill, that is what you want," and handed him a knife—I told him he ought to be ashamed of himself to hit an old man like my father, and give him a black eye—when he shoved me from the door he stabbed me—we did not have any struggle—I became insensible—I had four stabs on my side, back, shoulder, and thigh, and two more that were only like scratches—I went home—the doctor saw me—I was taken to the London Hospital, and was there a month.
Cross-examined. My father and the prisoner had some words early that day; I sent a message that I intended to punish him unless he apologised—I only had one glass of ale at the public-house—the prisoner's wife told me he wanted to see me—I did listen to reason, but the prisoner shoved me from the door while I was talking with him—the conversation took place in the front garden about 7.45—no scuffle took place, only when prisoner got hold of me and shoved me away from the door—I did not see the knife, but my brother did—I was sober.
RICHARD HOOPER . I live at 706, John's Place, Bow—I went with last witness to the prisoner's house—he asked us inside—we did not go in—he asked us to shut the gate, as he did not want a crowd outside—I shut it—he asked us to listen to reason—I saw a little struggle between the last witness and the prisoner—I turned round to open the gate, and saw them on the ground—I did not see a knife used—I ran to Arthur Wood, who seemed to be leaning against the wall—I cannot tell if he was bleeding when I got him to the gate—he staggered and fell, and said "I am stabbed," and he was carried away—I ran for a policeman, and the prisoner was given into custody—when the prosecutor said "I am stabbed," the prisoner said "Yes, and I'll serve the b——old father and mother the same."
Cross-examined. I was not present at the quarrel between the prisoner and the prosecutor's father—what took place was inside the garden—we were asked inside the house—the first thing I saw after the prisoner's request to listen to reason was the two struggling together—that was the response to the request.
HENRY WOOD . I am the prosecutor's brother—I was with him when the prisoner's wife came to us, and went with him to the prisoner's house—I was standing against the wall with my hands in my pockets when the prisoner ran at my brother and made a punch at him—his wife said "Here you are, Bill; this is what you want," and he threw his arm over my head and caught my brother under the arm—he said "I am stabbed"—I rushed to catch hold of my brother, and received four stabs in my back and one in my right breast—I could see the steel, but do not know what sort of knife it was—Mr. Hooper took charge of us till the police came.
Cross-examined. My brother did not commence fighting with the prisoner when he asked him to listen to reason—we said "Well, don't you think it was a cowardly action for you to hit my father as you did this afternoon?" and then the prisoner rushed at my brother.
By the Court. We were going to take out a summons for the assault on my father on the next Monday morning—we went to the prisoner's house because we were sent for—we thought he wanted to apologise for what he had done.
WILLIAM HAMBLIN . I am a surgeon, living at 121, Frederick Road—I attended Arthur Wood—he had a wound over the left kidney, one in the shoulder joint, across the spine, and one across the neck; such wounds as might be caused by a knife.
MAJOR GREENWOOD . I am surgeon at the London Hospital—the prosecutor was brought there and put under my care—he had several incised wounds in various parts of the body, the chief being in the left loin—that was a serious wound because it was very deep—the others were more superficial—they might be caused by a knife.
CHARLES ANDREWS (Policeman). I was in the Old Ford Road, and met the prosecutor coming from the prisoner's house bleeding—I sent for a medical gentleman, and went with Hooper to 429, Old Ford Road, and took the prisoner into custody for stabbing two men—he said "Yes, I did it, so would you if you had three men upon you"—there were marks of a struggle, the ground being much kicked about
GUILTY of Unlawfully Wounding. — Twelve Months' Imprisonment .
MR. WILLMORE Prosecuted.
SAMUEL FURNEAUX . I live at 16, Sidney Street, Clarendon Square—about 20 minutes to 2 on the morning of 12th November I was in the Euston Road—Gallaghan caught hold of me round my waist—I gave her a push and Miles caught me by the throat, tearing my collar and shirt—I thought they intended robbery, and placed my hands across my breast to protect my watch—they tore my overcoat—I screamed "Police!" and a policeman came—Miles turned round to two men, and calling one of them by name, said, "Go to West Street," mentioning the number and name, and get bail for me—I think Gallaghan was tipsy, Miles quite sober—I do not know whether my overcoat was buttoned or whether my watch chain was visible.
CHARLES BASSITER . On the 12th November I was in the Euston Road, and heard cries of "Police!"—I saw Gallaghan take hold of the prisoner, and Miles attempting to hit him—a policeman came up directly after—Miles said to two men on the kerb, "Go to No. 8, West Street, and find me bail"—the prisoners were taken into custody—the prosecutor was sober—Gallaghan had been drinking, but Miles was sober.
CHARLES BRIDGES (Policeman E 346). I heard the cries of "Police!" and on going to the spot saw that the two prisoners had hold of the prosecutor, who charged them with assaulting him and attempting to steal his watch and chain—I took them to the station—I saw the two men spoken of and heard Miles say, "Go and get me bail from No. 8, West Street"—I do not know if that is where the prisoners live—the prosecutor was quite sober.
NOT GUILTY .
MR. WILLMORE Prosecuted.
CHARLES MANNING . I live at 15, Princes Gardens, Princes Gate—on the 29th January last the prisoner was in my employ as butler—he had no authority to order any beer—I never dealt with Messrs. Lovibond.
WILLIAM SMITH . I am in the service of Messrs. Lovibond, brewers—on 29th January last I was at Princes Gate with the dray, and saw the prisoner—he asked if I had a price-list with me, and when I gave him one he ordered a cask of beer to go to Mrs. Manning, 15, Princes Gardens—he handed me a small card with the name "Montrose" on it, as butler—I delivered the cask, and the prisoner signed this book (produced)—I thought I was supplying the beer to Mr. Manning—I would have supplied it to the prisoner by paying on delivery—I would not have supplied him, coming to me in that way, unless it was for Mr. Manning—it was under the belief that the beer was for Mr. Manning that I parted with it—on the 4th February following I delivered another nine gallon cask—I debited that to Mr. Manning.
Cross-examined. The prisoner ordered it in Mr. Manning's name, and said if it Was approved of in the house, Mr. Manning would be a good customer.
By the JURY. In the book produced the beer' is booked to Montrose, and subsequently altered to Manning—when beer was delivered, the prisoner told me to alter it to Manning, and I altered it there and then.
THOMAS STONE . I am collector to Mr. Lovibond—I called on the prisoner on the 24th February, and told him I had come about the beer, and Messrs. Lovibond were much surprised that he had been making use of his employer's name, and wanted an explanation of it—he said he was very sorry for what he had done, and had he not been dismissed summarily he intended to pay for it—he promised to come the next day and explain it, but did not
By the COURT. If we had got our money there would have been no reason to prosecute, I suppose.
NOT GUILTY .
CHARLES MANNING . I live at 15, Princes Gardens, Princes Gate—about January last the prisoner applied to me for a situation as butler—he referred me to Mrs. Kingswell, near Newport, Isle of Wight, as having kept a large establishment, and said that he had had two other men under him; that she had a family of consideration when he was there, and that she would give him a very good character on application—upon that I wrote to Mrs. Kingswell, and received this reply. (This letter stated that Montrose was a very good servant, strictly honest, sober, good-tempered, and obliging' attended church regularly; salary commenced at 451., but owing to his kindness and attention during sickness, it was increased considerably, and he was only parted with in consequence of the reduced establishment.) On the faith of that letter I employed the prisoner as butler—he stated he was a Catholic, and for further protection I wrote to the Catholic priest at Newport, and on receiving his reply I said to the. prisoner "I find you are unknown to the pastor of your church where you represent to have been for four years, which in a small mission of that description is incredible, and I also find
from him that 'Youngswood,' represented to be the estate of Mrs. Kingswell, belonged to the late General Daly, and the only person of the name of Kingswell is a poor farmer, who had been acting as bailiff to General Daly"—he staggered back, repeated mywords, and in five minutes was out of my house, and I never saw him again till I saw him in custody.
Cross-examined. It was not because you were a Freemason that I discharged you, but because of your false representation and false character—you said the reason you did not know the priest was that you were a Freemason, but that did not weigh with me at all.
JAMES NAYLOR . I am a bootmaker, living at 14, Crowndale Road, Camden Town—I have known the prisoner two and a half or three years—I have known Mrs. Kingswell a few months longer—she is the wife of a draper and sister to the prisoner—in January last she was living with her husband's parents in the Isle of Wight—her husband had been a draper in Yorkshire—I know Mrs. Kingswell's writing—I have seen her write—the letter produced is her writing—I never knew that she kept any establishment.
HENRY BUTLER . I live at Reigate—in June, 1876, I was staying at my father's at Elmore, Chipstead, Surrey—he advertised for a servant, and the prisoner answered the advertisemnet—he called at our place of business, 13, Fenchurch Bulidings—I was present at a portion of the interview—he gave his address as 230, City Road.
HENRY BUTLER , SEN. Ilive at Elmore—in June, 1876, I advertised for an indoor servant—the prisoner answered the advertisement by calling at 13, Fenchurch Bulidings—I asked him several questions as to his age, &c.—he said he had neeb living with Mrs. Kingswell, 5, North Gate, Walefield, Yorkshire, four years, and with Sir Walter Stewart, Belgrave Square, two years—I wrote to Mrs. Kingswell—Albert Buckley was the name the prisoner gave—I received this reply. (This stated taht A. Buckley lived in her sevice four years, was strictly sober, honest, most obliging, and enjoyed very good health; good waiter at table, thoroughly understood his duties, and was very clean in person and habits)—upon that I engaged him—I am not sure whether he left of his own accord, but I had no cause of complaint except that: he had his meals with the other servants.
GUILTY .— Six Months' Imprisonment .
NEW COURT.—Wednesday and Thursday, November 20 and 21,1878.
Before Mr. Recorder.
MR. POLAND and MR. D. DTRAIGHT Prosecuted; MR. ASPINALL, Q.C., Defended.
LANUNCELOT CHARLES LIPSCOMBE . I am an officer of the probate, Divorce, and Admiralty Division of the High court of Justice—I produce the original petition of Rebecca Holt, field on 7th February, 1878, against John Holt, praying for a judicial separation on the grounds of cruelty and adultery, the adultery being alleged to be with Elizabeth Ohlsen. (The Petition was read.) I also produce thew original answer, field 20th May, 1878, and the reply, date 25th May,1878. (The documents were read, also the Answer as to the Alimony.) The petition came on before Sir R. J. Phillimore on 11th July last—the petition was dismissed, and there was no order as to costs.
Cross-examined. The solicitors for the petition were Mackinson and Carpenter, of the Temple, agents for Stevens and Danger, of Liverpool.
ARTHUR FRANK CHAPPLB . I am a shorthand writer, of 75, Chancery Lane—I produce my original notes, taken by me on the hearing of the petition—the transcript of the same (produced) is correct. (Various portions of the evidence given by the prisoner were read, wherein he stated that no impropriety or familiarity had existed between Elizabeth Ohlsen and himself.) JOHN ROWLAND JONES. I am a surveyor and estate agent of 20, Hamilton Square, Birkenhead, and act as Receiver, under the authority of the Court of Chancery for certain properties in Liverpool and Birkenhead; amongst others No. 8, Tranmere Vale Terrace, Birkenhead—that house was to let on 12th September, 1877, on which day the prisoner applied to me for it in the name of Elias Steele—I asked him for a reference—he said he was a stranger there, and I asked him to pay a week's rent (5s. 6d.) in advance, which he did—his rent commenced on 17th September—the houses have four rooms—I gave him a rent-book—between 17th September and 1ST October I went to the house on my collecting round, and saw the prisoner and Ohlsen in the back room on the ground floor—the workmen had not cleaned the house to their satisfaction, and he stated if it were done better he might be a permanent tenant—Ohlsen took me upstairs to see the bad colouring of the bedrooms, and I agreed to allow them a week's rent to get it done themselves—the furniture was not placed in position—there was some in both bedrooms, I believe—on 8th October I collected the rent—I never saw any one there but those two persons—I knew them both by the name of Steele, and as man and wife—rent was paid to 10th December, when they left. Cross-examined. When the prisoner first called at my office he saw one of the clerks—I have a memorandum of it in my call-book—I was out, and cannot say whether one or more persons called—the prisoner would have his own rent-book—in taking the house he used the expression "I"—I was examined before the Magistrate—I don't remember saying "He said 'We'"—he may have said "We will keep it in good order if you put it in good repair"—it was fresher in my recollection then—I cannot say whether it was one or the other—I am agent for many houses—when I called at the house I do not remember any one. being in the parlour, there might have been—I called two or three times—I do not remember calling the prisoner or the woman Steele, or hearing others do so—my clerk is Frank Sumner—he generally collected the rent—he is not here—no referee was mentioned. Re-examined. The prisoner is the only person I knew as a tenant ISABELLA DARBISHIRE. I am the wife of Daniel Darbishire, of 4, Tranmere Vale Terrace—that plan (produced) represents the house in which I live and was living in September last year, which is two doors from that occupied by the prisoner and Ohlsen—I always saw her there, and if I did not see him in the evening I was sure to next day—I have often spoken to Ohlsen as a neighbour—she went in the name of Steele—I never spoke to the prisoner, but when Mrs. Steele was linking on his arm I used to say "Good morning" or "Good evening," and he would lift his hat when he spoke—I have never mentioned the name of Mrs. Steele in his presence—I never saw an individual living at No. 8 but their own two selves and a little dog. Cross-examined. I was never in the house—there was a Mrs. Scott living with me during a portion of the time from September to December—I never saw her go to No. 8—I do not associate with the neighbours except speaking to Mrs. Kelley and Mrs. Hancock.
Re-examined: Mrs. Kelley lived at No. 6—Mrs. Steele, as Ohlsen called
herself, said her first husband was dead, and she had two children by this one, but they were both dead—she did not tell me her first husband's name or that Mrs. Steele was the sister of her first husband—she never spoke of a Mrs. Steele—this conversion was at Mrs. Kielley's door.
ANN LOONEY . I live at Tranmere Vale, and an a widow—I have lived there for nine years—my house looks sideways on to the back of 8, Tranmere Vale Terrace—the prisoner and Ohlsen came to live there in september last year, and remained there for about three months—I saw them from time to time, and knew them by the name of Steele—I knew of no one else living there—I did not visit them.
Cross-examined. I could see into the back bedroom window—I asked Ohlsen her name, when she was putting some clothes on my line in the garden, and she said Steele—Ihave seen them walk arm in arm—I thought they were man and wife.
Re-examined. I never saw any person occupying the back bedroom.
CAROLINE PRITCHARD . I am the wife of Edwin Pritchard, of 10, Tran-mere Vale Terrace, next door to No. 8—we lived there in September, October, and November, 1877, when the prisoner was living there with Mrs. Steele—before we went to live at No. 8, Holt came and asked me if the house—was to let, I said "Yes," and took him up to the person who lets the with some furniture—I am not aware that I ever called him Mr. Steele to his face—they came into my house the morning they left, and one Sunday morning he came to get some hot water—they addressed one another as "Mu dear," "My love," and "My husband"—we are early risers and I used occasionally to take in the milk for them, and he would come and fetch it—when they left I bought some articles of them, and he would come amd fetch it—they took away in a cart—my daughter bought some things—Holt usd to speak of having to go to London respecting a mine, about which there was some lawsuit, and if he lost it he should be a ruined man—I am at home all day and never saw any one else living in their house but themselves.
Cross-examined. I never knew of a Mrs. Steele there who was an invalid—I have a son Henry who did not live with me and seldom had his meals in my house—he had a stable up at the top of Tranmere Vale Terrace—I have not seen him talking to a Mr. Steele at No. 8. who was not the prisoner, or to a Mrs. Steele, who was not Ohlsen—I have heard him speack of a man who was coming home from sea.
Re-examined. I never heard of an invalid there, or saw an invalid carriage.
HENNRY THOMAS JENNINGS . I am a laourer and live at the back of 34, Tranmere Vale—the gable end of the house comes opposite to No. 8, Tran-mere Vale Terrace—Holt and Ohlsen came to live, and knew them by the name of Steele—seh said Holt was her husband—they came into my garden once, and she addressed hi as "John dear"—sometimes I would say to him "Good morning, Me. Steele"—they had a little dog—when they left I bought a small table, a "dolly," a wash tub, and a swing-glass of them, my wife bartered for them and I paid Mrs. Steele(Ohlsen) 5s. for them—I never saw any one there but those two persons and the little dog—they did not tell me where they were going.
Cross-examined. I did not inquire, or care to inquire where they came from—I took no interest in them—there might have been others in the house, but I never saw others.
MARY ANN KELLEY . I am the wife of William Kelly, of 32, Derby Street, Birkenhead, who has been in the employ of the Birkenhead Commissioners for about 30 years—in November last year we were living at 6, Tranmere Vale Terrace, next door to No. 8, and had been there for 7 years—about the middle of September, the prisoner and Ohlsen came to live at No. 8, and I saw the furniture taken in—we became friendly and they went by the name of Steele—I have heard Ohlsen call him Mr. Steele when in my house—I have heard him speak of a lawsuit, which, if it went against him, would be a loss—I never saw any other person there—she has said, in speaking of the prisoner, "My dear husband," many a time—the prisoner went to Liverpool once for a bedstead, and told me his shoulders were sore from carrying it up from the ferry—I saw the bedstead in the kitchen of No. 8—they wanted to sell it—I said it was rather small for them, and she said Mr. Steele and her had slept on it many a time—a few days after I bought a table and carpet of them which have since been identified by Mrs. Holt—also some books were given to me for my children by Ohlsen—I saw her scratch out the name in them—there was no bed or bedstead in the back bedroom.
Cross-examined. I knew nothing of Ohlsen before she came there.
WILLIAM KELLEY . I am the husband of the last witness—the prisoner and Ohlsen lived at No. 8. for about three months—the latter used to visit at our house—I only saw him there once—she called him her husband—I have heard them talk of some coal mines, and hawing lost a lawsuit—I think I visited at their house twice—I saw the bedstead in the kitchen—Ohlsen said "Me and Mr. Steele have slept on it many a night," and they pointed to a sofa and said, "We have slept on a smaller place than that. We have slept on that sofa many a time"—we bought some things of them before they left—I never saw any one else—there was a little dog.
Cross-examined. I have heard Ohlsen mention the name of Steele many a time.
EDWIN PRITCHARD . I am a gardener and live with my wife at 10, Tranmere Vale Terrace—the prisoner and Ohlsen came to live next door—I knew them as Mr. and Mia. Steele—sometimes their milk was left at our house, and he used to fetch it—I have been in their house about twice—on one occasion he said to Ohlsen "My dear, go and fetch Mr. Pritchard the plans of our collieries to look at," and she went up and brought them down—I had not got my glasses and could not see them well—I saw nobody else—there was a white dog—I never heard about an invalid.
Cross-examined. I have a son Henry and a daughter-in-law named Rhoda Pritchard—I don't know what name the plans had on them.
Re-examined. My son is good to me sometimes—he is not a very truthful boy.
WILLIAM GREEN . I am a hair-dresser of 31, Regent Place, Birkenhead—in September, 1877, Holt came to be shaved and Ohlsen remained outside—I shaved him and he asked if there was a house to let in the neighbourhood, and if they* were dear about there—he said he wanted a small one and I gave him some information—I asked him to bring Ohlsen in and he said it being a barber's shop she was rather bashful—he brought her in and introduced her as his wife—a few days after Holt came and told me he had taken No. 8, Tranmere Vale Terrace, and asked me to call on him—he said he was a stranger in Birkenhead, and there were
only two of them—I visited them frequently—he told me this was his second wife, and that his first was dead—I knew them as the Steeles—she addressed him as "John"—Holt took me over their house—there was a made up bed in the front room and none in the back, and there were no signs of anybody sleeping there unless it was on the floor—there was an iron bedstead there tied up—I never saw any other person there—on one occasion when I was there Holt asked me at supper if I took beer—I said "No, only occasionally," and he said "I don't, but my wife does"—she was at the table, and on one occasion I had a conversation with her about Dr. Kenealey—it was coming rather late, and she said "My dear, it is getting rather late, we had better get ready and go to bed," and I took the hint and took my hat and went, and he locked the door after me—there was only the poodle dog and themselves in the house.
Cross-examined. I had never seen either of them before he came to be shaved—he said on introducing her, "My missus"—she did not look particularly bashful—I used to go to them at night after business—I never went to shave there—I heard him speak of her as Mrs. Steele more than once—he said the things were his, and of course when I thought they were his I thought they were likewise Mrs. Steele's—that is what I mean by saying he called her Mrs. Steele—when I went there about buying some things I said "What name shall I give the party?" and he said "Mr. Steele"—that was some time after I knew him—I could not say whether up to that time I had heard the name of Steele applied to them, or that I heard it on any other occasion—she said on one occasion that her husband had gone to London in reference to some money.
Re-examined. I knew no one else of the name of Steele—I always thought they were respectable people.
MARGARET SANDERS . I am the wife of Thomas Sanders, shipsmith, of 9, Tranmere Vale Terrace, and have been in the neighbourhood 17 years—No. 9 is almost opposite No. 8—Holt and Ohlsen came to live at No. 8 in September, 1877, and when they were taking the things in, a sofa was falling through the cart, and Ohlsen said to me "Please can you hold that; I will call my husband to help you"—I did so, and she called Holt—I was living at home all day—I never saw any one else living there—I knew them as Mr. and Mrs. Steele—he used to take the milk in of Hancock in his shirt—one morning he said out of the window, "My boy, don't bring the milk any more; you come too soon for us and disturb us"—he was in his shirt—I never saw the boy leave the milk any more—I could see out of my window into theirs, and they could see into mine—they had no top blind, and I could once see them undressing for bed in that room—I saw the light put out the night I saw them undressing—I saw them remove from there, and they followed the cart—I never knew of any one else living there with them.
Cross-examined. It might be a week after they moved in that I saw them undressing—our street is narrow—I recognised them—I did not look at them long, for I made my own bed, and when I went to the window again the candle was put out—I took them for man and wife—he had no waistcoat on, and she was in her stays when I saw them—I never spoke to them before holding up the sofa,—I had no grounds for looking at them, and had no animosity against them—I thought they ought to put a blind over the window—a good many of the houses in that street are without blinds.
AMBROSE DULSEN . I am a provision and milk dealer, of Birkenhead—the prisoner ordered me to supply him with milk, and gave no name—they would come into my place, and she would speak to him as "Dear John, would you like this?" and he would reply "Please yourself"—I used to leave the milk several times at Mrs. Pritchard's, as there was a difficulty in getting answered in the morning—he would sometimes take it in from behind the door, and I would only see his bare hands—I have seen a dog there—I never saw any other persons there.
Cross-examined. I would see bare hands, and hear some one speak from behind the door—I knew their voices—I was not ordered to fetch fresh butter for an invalid—I sent chiefly fresh.
WILLIAM HANCOCK . I live at Tranmere Vale, and carry oat milk for my mother—I delivered milk to Holt and Ohlsen for about a fortnight—I never saw any one else there—I was told not to leave the milk there, as I went too early.
EDWARD CHESTERS . I am in the employ of the Mersey Docks and Harbour Board—I know Holt and Ohlsen as living at Tranmere Vale Terrace—I bought some furniture of them once, and he spoke of her as "My missus," or "My wife"—she had very little to say, and complained of being poorly—I paid them 1l. 12s. 6d.—Holt brought me this receipt, newly written. (Read: "Received 1l. 12s. 6d. from E. Chesters for goods delivered.—Edward Steele.") They were the only two I saw there.
Cross-examined. I had not seen them before, and I was not in the house many minutes—I saw Holt again a day or two ago—I am certain he is the same man—his whiskers have grown more since—I did not go before the Magistrate.
SARAH HOLT PICKUP . I am the daughter of William Pickup, and am a niece of Holt's—these two books, "Recollections of Childhood," by Grace Greenwood, and "Jessica's First Prayer," are mine (produced)—this is my writing, I used to live with my uncle, and when I left I left the books behind, "Presented to Sarah Holt Pickup by Mr. Smith"—I first went to my uncle when between four and five years old, and am now 13—he was married—Ohlsen is not his wife—I saw my aunt this morning.
Cross-examined. My aunt and uncle quarrelled, and have not lived together for some time—my father maintained her, and tried to get paid for it, but did not succeed.
JAMBS GLOVER . I live at the Dock Cottages, Birkenhead, and am employed by the Mersey Docks and Harbour Board to collect their rents—Holt took a flat, No. 6, Block C, on 8th December, 1877—it contained two bedrooms, a sitting-room, and kitchen—Holt, who gave the name of Edward Steele, came in September with the woman—I was standing outside, and they said they should like to live there; and they came again in November, and I showed them the flat, which they afterwards, took—I believed her to be his wife—I keep fowls, and he came down to me once and said his wife was poorly, and would we oblige him with a fresh-laid egg, which we did.
Cross-examined. He called her his wife—I have heard him call her his "missus"—it is a large block of cottages of 324 separate residences—40 in C Block—they were upon the third flat.
Re-examined. They left on 28th or 29th June, and did not say where they were going—they were strangers to me.
produce my book—on 4th April I granted Ohlsen a dog licence in the name of Edward Steele, of 6, C Block, Dock Cottages—on 9th May I granted her a P. O. order in the name of Elizabeth Steele—I knew them as Mr. and Mrs. Steele.
Cross-examined. I often spoke to them—mine is only a receiving office.
ROBERT DICK . I am a watchman and labourer, of No. 5, Block B, Dock Cottages, Birkenhead—I lived there from January to June of the present year—I could see into Holt and Ohlsen's bedroom from my window—I go to bed in the dark, and could see them going to bed and her with her nightdress on—I have also seen them in the bedroom in the morning getting out of bed—I saw a little white poodle dog there.
Cross-examined. I have lived there for 16 years—I believe the cottages belong to the Commissioners.
HUGH MILLER . I am a physician of Birkenhead, and have a surgery at 318, Laird Street, opposite Dock Cottages—on Saturday, 6th January, Ohlsen came to my consulting-room in the name of Steele, and I have an entry here of 2s. 6d. paid—a gentleman afterwards called for the medicine—I do not recognise him—she again consulted me at my residence on the following. Saturday.
Cross-examined. I am sure Ohlsen is the woman.
GEORGE KIRKHAM . I am a boot and shoe maker of 333, Laird Street, Birkenhead, and live at No. 9, Block H, Dock Cottages—Holt and Ohlsen lived in the Cottages—Holt came to me once for some vegetables, which he paid for—he also brought me some boots to repair, and asked me to measure somebody for another pair, saying, "How much will you make my wife a pair of boots for?"—I told him 13s., and he brought Ohlsen to my shop—I measured her and made the boots—while making them he again brought her to look at one of the tops—I took them to Block C and Holt opened the door—I went in—they were only the two there—she tried the boots on—he gave me a sovereign and I gave him the change—on one occasion I asked his name, and he said "Ready money"—he told me about his mine—in consequence of something I saw in the papers I said, "I have seen your case, Mr. Holt"—he asked me who told me his name was Holt, and I said I had seen it in the papers—he asked me to keep it quiet, as he did not wish his name spread in the neighbourhood—she would address him as "husband," sometimes "master" or John—I saw the divorce proceedings in the paper, and in consequence of what I read I gave information.
Cross-examined. Sometimes he spoke of her as his "missus"—I am sure he also used the word "wife."
JOSIAH BARLOW . I live at Walton Village, a suburb of Liverpool, and am the landlord of No. 12, St Mary's Avenue, St Mary's Lane, Liverpool—about 8th July Holt took No. 12 of my manager, in the name of Hodgson, and I made out this book (produced)—it shows three weekly payments of 5s. 6d. each—he did not say where he came from—I collected the rent generally—I saw Ohlsen once.
Cross-examined. I don't think my manager gave me any name—he told me he had let the house—I asked Holt to spell the name in the parlour.
Cross-examined. It was not Hodgson—I was not induced at the police
court to say that she told me her name Was Hodgson—I signed my depositions—it is a mistake in the name.
Re-examined. I never tried to spell the name—I knew it was Mrs. Ohlsen, and that they were living alone.
JAMES BIRCH ALL (Policeman B 314). I apprehended Holt and Ohlsen at St Mary's Avenue at about 11.45 p.m. on 26th July—I knocked at the door, and the woman put her head out at the window, and they came down undressed—another constable with me read the warrant to them in my presence—Holt's things were brought down to him and he dressed, and the woman dressed upstairs in the bedroom—there was one bedstead in the bedroom, which appeared to have been laid in by two—there was no other bed up in the house—there was one tied up in the next room—there was a pair of trousers on the made-up bed, which were taken down to the prisoner—they were brought to London, and charged at Westminster—he said, on the way to the station at Liverpool, that what he had said in London during the trial he should say again—Ohlsen made no statement
Cross-examined. I went at that hour, as I thought it would be the best time to catch them in—Mr. Norton, the solicitor for the prosecution, went with us—I heard the other constable ask Ohlsen if she would allow him to take the papers in his cafe—we did not by instructions of the solicitor make a search for every paper relating to the mining property—we took a parcel of papers, which was given to the prisoner at Westminster Police-court when he was committed—I don't know what we took possession of papers for in a perjury case—no one instructed me—I did not see the solicitor take a lot of papers.
Re-examined. We lost the dog.
WILLIAM EDWARD MILLS . I am a surveyor, of Birkenhead, and prepared the plans produced, which are correct and to scale—it is possible to see into the bedroom window of No. 8 from the upper floor opposite at night—the width of Tranmere Vale Terrace is 30 feet, I think—1 prepared a plan of Bock Cottages, which is to scale
GUILTY .— Fifteen Months' Imprisonment .
MESSRS. POLAND and STRAIGHT Prosecuted; MESSRS. BBSLBY and JENCKEN
The evidence for the Prosecution being the same as that in Holt's case, the witnesses were recalled and their evidence was read, to which they assented. The following witnesses were called for the Defence.
HANNAH WOOD . I am the wife of John Wood, of Edgmouth Street, West Seacombe—I knew Mr. and Mrs. Steele, of 14, Thomas's Buildings, in August and September, 1877, and also the prisoner and Holt, who lived there too—Mrs. Steele was a tallish woman, with high cheek-bones—she was ill—Mr. Steele had ginger whiskers under his chin—he went to sea—the prisoners are not the persons—the Steeles moved on 17th September—I don't know where they went
Cross-examined. I fix the date as the 17th September, because I left the same day—we did not leave together—Mrs. Steele was always poorly when I saw her—she walked about—Mrs. Ohlsen did the household work—Mr. Steele did nothing all day, I don't know what he was—he went to sea—I never asked them where they came from.
WILLIAM COTTERELL . I have been agent for 15 years, for letting the houses at Thomas's Building's, Seacombe, a short distance from Liverpool, and collect the rents—I don't know what occupants there were of the house in question—I saw Holt there, and saw a female come out of the house once—as far as I can recollect, she was of middle height, rather a sallow complexion—not a particularly good-looking woman—her cheek-bones were high—she was something the same features as Ohlsen, only she looks fuller—her name was Steele—I learnt her name of Mr. Holt, whom I have known many years—they occupied it about five weeks—the last payment of rent was on 17th September.
Cross-examined. Holt took No. 14, Thomas's Buildings, about 13th August—No. 10 is on the same side—there was only one woman in the house, and that was Mrs. Steele—I would not say positively that Ohlsen is not the woman—one of my oldest tenants, named Williams, lived at No. 10—the rent was only paid to me on one occasion.
Re-examined. Mrs. Wood was one of my tenants—she occupied No. 25.
JANE POTTER I live at 5, James Street, Seacombe—my sister Sarah is very ill and cannot attend—I lived at No. 14, Thomas's Buildings, and saw Mrs. Ohlsen, Mr. and Mrs. Steele, and Holt there—at that time I was nurse girl at No. 18, on the same side, and frequently saw them—Mrs. Steele sent me for beer—she was tall and very ill, and had high cheek-bones and sunken eyes.
HEIIRY PRITCHARD . I am a gardener and florist—I had a Btable in Tranmere Vale Terrace, between September and December, 1877—I saw Mr. and Mrs. Steele, Mrs. Ohlsen, and Mr. Holt there occasionally—Mrs. Steele looked like a person more fit to be in a lunatic Asylum, very white, tall, and delicate—there is no possibility of confounding her with Ohlsen—I saw her about half a dozen times, and was introduced to her—Mr. Steele was a short, stiff man, not so stiff as myself, and about the same height, with ginger whiskers—I have seen him go in at the front door and out at the back—I don't know where he worked—I have seen Mrs. Ohlsen and Mrs. Steele together in the back yard—the latter appeared to be in bad health.
Cross-examined. I live at Rose Cottage, Tranmere, Birkenhead, about 600 yards from Tranmere Vale Terrace—I work for myself—Holt came and asked me to be a witness before the last examination at the police-court—Mrs. Wood came once with Mrs. Ohlsen—I have seen Mrs. Ohlsen about half a dozen times about it, and Holt perhaps a dozen times—he drank with me once at Birkenhead—I. have had my statement taken down by a solicitor—I understood Mr. Steele was a sailor—Mrs. Steele did not seem fit to do work. Re-examined. My horse was kept in the stable I have spoken of—I had my meals there seldom—my father, a witness for the prosecution, told me to be careful what I said.
RHODA PRITCHARD . I am the wife of the last witness—I have seen a man come out of No. 8, Tranmere Vale Terrace, and he was pointed out to me by my husband as Mr. Steele—he was different to Holt—I have seen a tall woman, with high cheek bones, wrapped in a cloak, standing at the door—she was a different person to Ohlsen.
Cross-examined. I have seen Holt there, I cannot give you the date.
JANE WALKER . I am a widow, of 35, Tranmere Vale, and have gone out charing—I went to No. 8, Tranmere Vale Terrace, to do washing for Ohlsen in September—in the front room there was an iron bed and bedstead, and
in the back room four more bedsteads, but not up—I saw a small man with a little bit of red whisker go in once or twice—he was different to Holt—I have been examined before Mr. Stevens, the solicitor for Mrs. Holt—he did not call me as a witness.
Cross-examined. Ohlsen was living at No. 8, with a gentleman who passed as her husband—she told me she had a husband at sea, and that Mr. Holt had a wife in Liverpool—I was only there one day—I saw them walk about together—she addresed him as "John," or "John, dear"—I only saw the small man go up to the house about twice—I did not see him go in.
Re-examined. Ohlsen never told me she was cohabiting criminally with Holt—she didn't pass off Holt as her husband—she said she had a husband at sea,
By the COURT. It is true that I said "The prisoner lived there with a gentleman who passed as her husband"—she told me she had a husband at sea, and that Holt, whom she called "John," had a wife in Liverpool—I knew that Holt was living with the prisoner—she called him "John," and they walked out together.
MART ELLEN SCOTT . I am a widow of 3, Liverpool Street, Birkenhead, and go out charing—from August, 1877, to March, 1878, I lived at 4, Tranmere Vale Terrace—I saw the furniture come to No. 8 when Holt came there—one very large load—there were two or three bedsteads—a few days after I saw a woman inside the lobby, of rather dark complexion, rather sickly looking, with high cheek-bones—I saw her pass near the hall, and on my looking at her she rather drew back, and I never seen her any more—about 11 o'clock one Sunday I saw two gentlemen there, and one lady dressed in a black dress and blue shawl—I did not know their names—Holt was one of them—the other man wore a pilot jacket and had rather sandy hair, and I drew my daughter's attention to him—she used to go errands for them. Cross-examined. I don't remember seeing the sandy gentleman any more.
ELLEN SCOTT . I am the daughter of the last witness—I saw the furniture come to No. 8, Tranmere Yale Terrace, in September, 1877—there were five beds, I think—I don't know how many bedsteads—I have seen two ladies and two gentlemen come out of that house—Ohlsen once asked me to fetch some beer, which I did, and when I got to No. 8 I saw the tablecloth was laid—there were three persons there—Mrs. Ohlsen and another lady who was very thin, with high jaws, and another gentleman with light whiskers and light complexion—I have seen the lady with high jaws sitting up at the window with her eyes shut and her mouth open—she looked as if she was not right—Mrs. Ohlsen gave me a pair of boots once, saying, "Here is a pair of boots belonging to Mrs. Steele"—that was in the presence of Mrs. Steele (the lady I have described), and the gentleman with the light complexion—I once saw Mrs. Ohlsen cleaning the parlour window, and I looked in and saw Mrs. Steele—I saw the gentleman with the light whiskers two or three times out of the back door—I saw some furniture, including some bedsteads, taken away just before they left
Cross-examined. When the furniture came in I heard Holt call the prisoner Mrs. Ohlsen—I did not know his name—I saw the thin lady twice and the man with the light whiskers about three times—I did not know his name—I never went inside the house.
knew them when they lived at Speakfield Cottages, Edge Hill, Birkenhead—she lived there with her husband—I knew she had been married before, and was the widow of a Mr. Steele—Mrs. and Mrs. Holt were on writing terms with the Steeles before they lived at Speakfield Cottages.
WILLIAM ARTHUR SPRING . I am the son of the last witness, and have known the Ohlsens during the same time my mother has—they lived at Speakfield Cottages up to the end of last August, I think—I know Holt, and that he lodged with the Ohlsens, after his wife deserted him, at Speakfield Cottages.
RICHARD JELLIS . I am a coal and furniture dealer, of Birkenhead—Holt employed me to remove some furniture from 14, Thomas's Buildings, to Tranmere Vale Terrace—there were four bedsteads, five beds, one mattress, and three or four palliasses—there was a thin delicate-looking woman whom I had previously seen at Thomas's Buildings with Mrs. Ohlsen going out at the back—there were two little dogs—a man, called Steele, came to help me unload just before we finished—we overtook Mrs. Ohlsen on the road, and she said, "I have sent Mrs. Steele on in a cab"—I said "You have got a big lot of furniture," and she said "Yes, there is two parties, furniture."
Cross-examined. I should know Mr. Steele if I saw him—I was a stranger to the parties—I did not know Holt's name.
Re-examined. The man Mr. Holt called to help unload was Mr. Steele—he is a different man from Holt.
WILLIAM A. SPRING (Further Cross-examined). I know Mrs. Ohlsen very well—she used to call me Willie Spring—on 9th May I received a post-office order for 5s., which she sent to me in the name of Elizabeth Steele, which name I knew her by—the acknowledgment was given for the post-office order when Mrs. Ohlsen came to London—I have not addressed her as Mrs. Steele, or Holt as Mr. Steele.
Re-examined. The post-office order was in payment for bonnet trimmings, I believe for Mrs. Steele—I never saw Ohlsen wearing the things—I should say she came to London about three times in 1878 before the divorce trial—she stayed at my mother's house.
HANNAH BUTTERWORTH . I live at 3, James's Street, Seacombe, and am a charwoman—I did some washing for Mrs. Steele, and she paid me the first time 2s. 9d. and the second time 2s. 3d.—Mrs. Ohlsen, a different woman, engaged Mr.
Cross-examined. I was going there backwards and forwards from the back-end of September to December—Mrs. Ohlsen paid me for minding Mrs. Steele I think four times up to Mrs. Steele going away—the first time the other woman paid me was the back-end of September—when I attended on Mrs. Steele Mrs. Ohlsen was away attending to a lady—I knew Holt as Holt—he was not living there then—he was living in Church Street, Egremont, but he came there two or three times—Ohlsen asked me if I would come and speak the truth about a week ago—I have never seen her but the once, and never saw Mrs. Holt till I came to London.
Re-examined. Mrs. Ohlsen was away attending to the lady three days at first and two nights another time, and I slept in her bed—Holt was not there.
Cross-examined. I did not see the invalid lady every day—I never went inside the house—I have seen Holt many times—he came once at about 8 a.m.—I did not know him as Mr. Steele—I did not know the sandywhiskered gentleman as Steele—when they left I did not know where they went—Holt asked me to come here, I dare say, a month ago—he asked me if I saw him come to the Yale, and I said "Yes, I did."
JAMES GLOVER I am an engine-driver of Liverpool—I lived at 37, Tranmere Yale, for 12 years till October last—I saw the invalid arrive in a cab on the 16th or 17th September, 1877, at 8, Tranmere Vale Terrace—Ohlsen is not the woman—she was thin—I did not see the furniture arrive—I saw the woman on a Sunday evening going up the street—there were two men and two women
Cross-examined. I cannot say whether it was the invalid I saw on a Sunday in the street—I misunderstood the question—I only saw her once—I did not know her name—I did not ask their names—I cannot say how often I saw Holt—I did not know who he was—I think Mr. Lloyd asked me to come here first.
EDWARD LEWIS LLOYD . I am a clerk to Mr. Lowndes, solicitor, of Liverpool, Registrar of the High Court of Justice—I have had the management of Holt's case, and it was important to endeavour to find Mr. Steele—I have advertised for him, and have sent to the different mercantile marine offices in Liverpool and to various shipping offices and to the London Registrar for Seamen without effect—I don't know whether Mrs. Steele is in an asylum or not—I have exhausted every means as a solicitor to obtain their presence—Steele's Christian names are Edward Sheppard—I have seen a man who works in the docks, in Liverpool who says he has seen a man answering his description.
Cross-examined. Of course, that is told and told again—the man said his son had told him he had met Mr. Steele in London, and he had shipped by the same line of vessels as himself—I am satisfied he lived at one time at 14, Thomas's Buildings, and I trace him to 8, Tranmere Yale Terrace, and then I lose all trace of him—Mrs. Steele's names are Elizabeth Louisa—I know Ohlsen's name is Elizabeth—I do not know that Elizabeth Steele, of Dock Cottages, was Mrs. Ohlsen.
Re-examined. As I understand, Mr. Edward Sheppard Steele and Mrs. Ohlsen's first husband were brothers—I telegraphed to the owners of the vessel, and in consequence Mr. Ohlsen came over to this country.
GUILTY .— Twelve Months' Imprisonment .
THIRD COURT.—Thurrsday, November 21st, 1878.
Before Mr. Common Serjeant.
MR. COLE, Q. C., and MR. JARVIS Prosecuted; MR. DAY, Q. C., and MR. GRAIN appeared for Bell, and MR. STRAIGHT and MR. F. C. WILLIS for Craven.
FRANCIS JOHN DAT . I am a solicitor, of 3, Staple Inn—I made advances to Bell from time to time on bills of sale, upon which money was due to me on 13th August, and I agreed on that day to make a new bill of sale—this is it (produced)—it includes all former bills of sale; it amalgamates two loans in one—Frederick Boyd came with him on. 13th August—Bell said
that he had no debts, and that his rent was paid up to 25th March—this bill of sale was to be paid off at the end of September, but it was not, and I gave instructions to put in possession at both places—the men remained in possession till October 5th, when I consented to their being withdrawn in consequence of what my solicitor said—I would not have advanced the money but for Bell's representations—I was not present at any interview with Craven.
Cross-examined by MR. DAY. I was served with a notice of bankruptcy on the Monday, and went to my solicitor and then to Bow Street—I took out a summons against Bell for fraud, and against Bell and Craven for conspiracy—I went to the Bankruptcy Court several days after, and filed three affidavits—I wanted to prevent Craven being made trustee—affidavits were made on the other side, I believe, and after hearing the whole matter the Court decided that Mr. Craven should remain trustee, and I believe he is trustee to this day—I opposed one or two proofs; all my objections were overruled, and I have been ordered to pay the costs—I sent in a proof in bankruptcy; I do not know whether it has been allowed or not; I think it was withdrawn—I gave a proxy to Mr. Collins, Mr. Smith's clerk, before the meeting of creditors—I did not attend myself, I placed the matter in my solicitors hands, Mr. Smith—I see him every day) he is the person I trust to—he is not my family solicitor; he has done matters for me—Mr. F. Boyd is an auctioneer in Milman Street; he Was formerly in Essex Street—I have employed him to sell people up under bills of sale—I do not always take possession and sell—he has some business for me now—I have not lost my confidence in him—I have taken measures to get him here, but have not seen him this morning—these representations were made in his presence, and I think his brother was there on one occasion; I believe he is here—I believe they are partners—the first representations which induced me to lend the money were made on 11th January and on other occasions, always in the presence of one of the Boys—August 31ST was the last time he represented that he owed nothing, and I believed him—I knew him before January, and had discounted bills of exchange for him, but not, I think, promissory notes—this promissory note (produced) is one of his—I advanced money on promissory notes to him and to my friend Boyd—the first dealing was on 11th January, when I let him have 150l., taking 30l. for interest for three months, and the bill of sale was for 180l.—the next advance was 25l. on February 11th, taking 5l. for interest—that was payable in two months, so that he got 175l. on a liability of 210l.—the January bill came due, I think, on 10th April—he did not pay me 40l. for discount, nor did I get 40l. on the next transaction—the next transaction was not in March—I have not got my books here—they were asked for at Bow Street; I do not know about over and over again—they were not produced; I have not seen a notice to produce them—I renewed the bills of sale on April 10 for a month, as far as I remember—I do not think I got 20l. then and 20l. on March 8—I believe the bills are here—I cannot state what I received at certain times—I could give an account if I had my books—I have not received altogether in costs and interest 309l. 17s. 4d., nor anything like it; I should not say it was very much over 100l. that I received; it is certainly not over 200l., that I swear—I gave my books into Mr. Collins's hands, the proxy; I cannot say the date—he had them this morning; I thought you asked the date I gave
the proxy—I had not those two books under my arm in Court this morning, or within 100 yards—I gave them to Mr. Collins in my office; I simply handed them over to him—I do not know that he is keeping them out of Court—we did not come here together, he started before I did, and I suppose he took them with him—I suppose they are here—I have not got them—I can see Mr. Collins now; I do not know whether he is sitting on them—I swear that I have not received 250l. from Bell—I cannot remember exactly what I received—I said at Bow Street "I cannot reckon it up in my head in a moment"—I believe I have not received 200l.—I do not think I got 20l. on April 10, or 20l. on May 8, or 30l. on June 14—I may have received 10l. on 24th June, and 10l. on July 19—I do not remember 20l. on July 29, or 20l. on August 13—I nave received several ten pounds, but I do not remember 20l. at all—I received this I O U (produced) and I had 10l. for that—I have not received the whole of it; it is cancelled; the signature is torn off; I received 10l. for it and gave up the I O U for 20l.—I swear I did not receive 20l. on it—I got 40l. some time in September, I dare say it was September 9, but not 20l. on October 5, received for me by Collins—he has certainly not paid it over—I had received nothing like 240l. from Bell on 13th August to my knowledge—I took several fresh bills of sale to avoid registration—Boyd assisted me in most of these transactions—Collins has not interposed—the costs that were paid went into my pocket—I went with Collins and called on Bell on 31ST August, the day that the man was put in—I mean to tell the Jury that I took possession either on 31ST August or 1ST September, I believe it was 31ST August—I do not remember Bell asking me to let it rest till September 3, to give him a day or two to turn round; that did not take place—Collins was with me and the man who was to be left there—I did not get 20l. a day or two after August 31 to induce me to take the man out—I do not remember stipulating for 105l.—I believe an agreement was written for 36l. a month to be paid to me for 12 months—I believe Mr. Smith has it—he is here—I believe the first 36l. was to be paid at the end of a month from September, but instead of getting 36l. at the end of the first month, October, I had 40l. at the beginning of September; but there was another arrangement that I was to receive 100l. and the men were to be taken out of possession—I do not know what is in the agreement; Mr. Smith negotiated it, and I told him to do the best he could for me—I could have sold Bell up before if I had wished—I have taken the word of a great many clients—I do not practise upon them—I thought Bell was solvent—he told me his profits were very large, and he could not carry out his orders without money—he said so on numbers of occasions, both in Boyd's presence and to me alone—I am a solicitor, that is not a cloak for money lending—I sometimes take a statutory declaration, but, not generally—I did not take one here—I believe I have not got one word in writing about Bell's position—the bill of sale is for 327l.—the agreement for 12 times 36l. was not carried out, and the 40l. came out of the 327l.—the 40l. was paid off the 100l, and then there was nothing more to pay for three months—if the 100l. was paid off the man was to be withdrawn from Mr. Bell's private house; that would leave 200l., but the agreement was not carried out, because Mr. Bell did not get the guarantee—I believe the men were in possession at Hammersmith and Margaret Street from August till 5th October—Clayton and Bell are respectable
people—I believe my solicitor applied to them to undertake not to distrain—I do not know whether they did so—I believe I was in possession at that time—I believed Bell to be solvent with a man in possession, both at his private and his business house—I have not requested Mr. Boyd to say that 200l. would relieve Mr. Bell from his difficulties.
Cross-examined by MR. STRAIGHT. I won't swear I advanced Bell more than 265l., but afterwards it was taken to be 327l.—he was not to pay me 432l. by 12 instalments, and pay me 40l., nothing like that—I believe an agreement was made, but it was not carried out—it was proposed that I was to have 12 monthly instalments of 36l., the first of which was to be paid a month afterwards; that would be September 7th—I had 40l. which was paid to Mr. Collins about 9th September—the proposed 100l. had been, spoken of at that time—I believe that was to be paid off the debt on condition that the man at Hammersmith was withdrawn—I have heard so since—I know nothing of an arrangement that the man was to be taken out, and was not to return for a month—I cannot say whether he was out for throe or four days and put in again—early in September I heard that Bell was largely indebted to his landlords for rent; Mr. Smith said about 200l., as far as I recollect.
Re-examined. I put the whole of these matters into Mr. Smith's hands, who managed them by his managing clerk—the proposition about his having 12 months to pay it off fell through entirely, as he could not get a guarantee—he paid 40l. on account of 100l. to get the man out at Hammersmith—I also heard that he performed his promise by paying the additional 60l., and that the man was put back in possession—Boyd was called as a witness for the defence at Bow Street—I sought to prove for 20l. in the bankruptcy, but I believe the proof was afterwards withdrawn—I opposed certain proofs at the Bankruptcy Court; it was decided against me, and the matter is now under appeal—the money became due on 30th August, and on the 31ST I ordered a man by this authority (produced) to be put in possession—I received 10l. on the IOU for 20l., and the other 10l. was added to the security—I did not receive the 20l. in money—the representation in the bill of sale is "that all sums for rent and taxes at Hammersmith and Moorgate Street up to 25th March have been fully paid and discharged;" that turns out to be untrue.
GEORGE EDWIN SMITH . I am a solicitor, of Mitre Court—I am Mr. Day's solicitor—on 31ST August he consulted me respecting a bill of sale—I advised it to be registered, and then placed it in Mr. Collins's hands to carry the matter through—he had the entire conduct of the matter so far as to putting the men in possession—I was present in my office on 4th October with Mr. Collins when Craven came—he presented this card: "Mr. Bell, introduced by Mr. Craven"—I had not known Craven before that—Craven came in, and an interview took place between him and Collins—Craven said "It is very inconvenient to have men in possession, and I have called for the purpose of seeing whether some arrangement cannot be made to withdraw them—I said "I have recently heard that rent to the tune of 150l. is due for the premises at Margaret Street"—he said "It is so; you will get nothing, for the landlords claim their right of distress"—Mr. Collins said "Do you know that Mr. Bell is perfectly solvent?"—he said "I have acted for Bell's brother's firm for a number of years, and I have examined his (Bell's) books, and believe him to be solvent"—Mr. Collins said "Will you give me a letter, stating that in your belief he is solvent?"
—Craven said, "As a professional man I cannot give that letter, but I will supply you with a balance-sheet"—Mr. Collins then left the room, and Craven said to me, "You know you won't get anything if the landlords force their powers of distress"—I said "I am not so sure about that"—we then had some general conversation as to Bell's solvency—Mr. Collins, returned, and I said to Craven, "Is there any process of law, or any judgments and executions, or County Court proceedings, or any demands in Bankruptcy? or is there any fear of the man filing his petition for liquidation?"—he said "No, there is not"—those were each distinct questions—Mr. Collins then drafted a letter, and I went to his desk, looked over it, and suggested some alterations—the landlords had to sign that letter—Craven then left, and arranged to come back at 5 o'clock, to bring the letter and a cheque for 20l. to cover the expenses of the men in possession, but he did not come until 11 o'clock on Saturday, when he said in Mr. Collin's presence "I have come to see you; I have not got the letter signed, as Mr. Clayton is out of town"—it was then arranged that if Mr. Bell, the brother, would sign the letter and undertake to get his partner to sign it on his return, I would take that as sufficient—Mr. Collins asked him again as to Bell's solvency—he replied that he was perfectly solvent, and if we adopted that course we could reap the benefit of our security and get our money—Craven then left—I was not present when he came back.
Cross-examined by MR. STRAIGHT. I have been practising on my own account since July—previous to that I was managing clerk to Scott and Clarke—they were not Mr. Day's solicitors—I got Mr. Collins from Mr. Grain, a solicitor—I gave Mr. Collins no direct orders to put the men in possession—I cannot fix the date when Mr. Day first consulted me, but it was about the end of August—I could fix it by my books or diary—I first ascertained on Friday, 4th October, that Mr. Bell had not paid the rent of the house in Margaret Street—I had not known it for as much as a week—Mr. Collins informed me of it—he had not been making inquiries with reference to Mr. Bell, and I don't know from whom he obtained the information—he said the amount was about 150l.—I do not know what arrears that represented—I think Craven said that he was an accountant—I do not doubt it—I made no inquiry—I do not know that he was instructed by Mr. Bell's brother, of the firm of Clayton and Bell, to attend to this matter—I was not present when the 20... was paid by a cheque from Bell's brother, but I believe it was paid on Saturday the 5th, at 2 o'clock—there were three interviews with Craven, as far as I know—I was present at two of them, but not at the third when the cheque was given—it was through the circumstances brought to my knowledge on 31ST August that I gave Mr. Day the advice I did—I was not present when a proposition was made to pay 36l. a month for 12 months—I know nothing of any conversation with Bell about the men being in possession at Hammersmith or Margaret Street
Cross-examined by MR. COLE. I believe Mr. Craven had made out a balance-sheet which would show Bell's affairs—he promised to send it with the cheque for 20l.—I took his word for it—I was to receive a letter, a cheque, and a balance-sheet, that was the understanding, and if he had done so the men would have been withdrawn—I have never seen the balancesheet, but I withdrew the men because I believed Craven would send it—I would not have withdrawn them without getting the letter—I was negotiating—I trusted to Craven sending the balance-sheet, and it did not matter to
me whether I got it before or after the men were withdrawn—he said that he had gone through the books—I understood that he was to bring the balance-sheet with him in the afternoon, and therefore I presumed that he had prepared it—I did not take down his answers to the long string of questions—I do not keep a printed catechism of those questions—he gave a general denial to each—I did not know the extent to which he had been sucked for so many months—I knew, as a solicitor, what was going on—I did not know that he was paying over 100 per cent.—I never calculated it—I believed him to be a solvent tradesman, but did not know about his being well-to-do—Collins did not tell me that he had been paying 20l. every twenty days to renew the bill of sale—I saw a person named Broome at the police-court—he was not present at the interview with Craven.
Re-examined. I believe Broome is Mr. Bell's clerk—he was called before the Magistrate for the defence—on 4th October the men were in possession at both places—I made no application to Bell, but Craven came introduced by Bell with a view of getting the men out of possession, and my inquiries were to know that I was safe in allowing them to go—Craven told me he had been through the books, and of course he would know from them—he never hinted that Bell was heavily in debt, or that there was the slightest danger in taking the men out of possession, quite the other way.
GODFREY COLLINS . I have been Mr. Smith's managing clerk since June—I heard of Mr. Day coming about a bill of sale; I did not see him then, but Mr. Smith put the matter into my hands—I was instructed that a man should be put into possession of both houses on 31ST August, I think, and I took possession that day, Saturday—Mr. Bell called on Monday, September 2nd, and saw me—I proposed that some arrangement should be made to prevent the constant renewals—he said that he had been paying 20l. every 20 days to renew the bill of sale—I said that no man could afford that—he said it was very awkward having a man in his private house, he did not mind having one in his other place, because he could give him some work to do—I suggested that he should enter into arrangements to pay the 327l. then due at 36l. a month, in lieu of the amount to go to the extinguishing of the debt—that included the addition for interest, because the 20l. for 20 days did not go off the amount, it left the debt still existing—he was to give me a guarantee from his brother and two responsible householders—412l. was the aggregate he was to pay back, and he asked me to put the terms into writing; to write a letter to him embodying those terms—this is the draft of it (This was dated September 2nd, offering that Mr. Day would withdraw the man in possession upon payment of all expenses incurred, two good securities being found, and an agreement made to pay 36l. a month for 12 months to liquidate the debt and interest.) Bell said that he could find sureties, and he wrote to me to send him a form of the guarantee I should require the sureties to sign—I sent him a copy of a draft guarantee (produced)—he said that his brother, Alfred Bell, would be one guarantee, and he could get two others—I saw him on the 4th or 5th—he said that he could not get the guarantee signed, as his friends were out of town, and he proposed to have the original agreement signed for 36l. a month—I had already prepared that; I filled in the dates and he examined it, undertaking to get the guarantee signed—I said that I would get Mr. Day to execute it and would immediately withdraw the men—he
then said "Supposing I cannot get the guarantee signed, what will yon take in money to let the man leave my private house?"—that was after September 7th—I said "From what I can see of the contents of your private house I should think 100l. would be its value; if you will bring me 100l. I will advise Mr. Day to withdraw from your private house, execute the agreement, and give you a receipt for the first three monthly instalments"—he said that he would do it, and made an appointment to call next day and bring the 100l., but he did not come—he called one day soon afterwards, he had to pay me 2l. 2s. for costs, and took out a large quantity of notes; I said "You are going to pay me the 100l., Mr. Bell"—he said "No, I have other things which are pressing me which I must pay; if I give you some on account and make it up during the week, will you take the man out of possession?"—I said "Yes, if you give me 50l. and undertake to make it 100l. before the week is out"—he said "I cannot part with 50l., will you take 40l.?"—he paid me 40l. and I gave him an order to the man in possession to withdraw from the private house, he undertaking to make it 100l. before the week was out—I gave him this receipt (produced, dated 9th September) for the 40l.; he called afterwards but did not pay the 60l., he said that he had not received it from the country—he repeatedly telegraphed to me—on 14th September I wrote to him: "Dear Sir,—I am sorry that you broke faith to-day, and fully expect you will be with me on Monday by 1 o'clock;" I then got this telegram: "Am detained by important business, but will'be with you on Monday by 1 o'clock"—I wrote on the 21ST: "Telegram received; unless appointment is kept on Monday I must resume possession"—he did not come and pay me the 60l., and therefore the agreement for paying off the money by 12 monthly instalments was not executed by Bell—he did not bring the guarantee and never paid the balance of the 100l. (The draft of the agreement was here put in, which stated that the debt was 327l., which, with 105l. for interest, made 432l.) The guarantee was never signed, and I did not lay it before our client, but we were in possession of both places at that time—if I had taken the men out without a guarantee we should have had no security at all—the man had never been out of the business premises; but I replaced the man in the private house on, I think, 27th September; but before that I went to Bell's house and told him if he did not pay the money I must put the man in possession, because Mr. Day did not know he was out—he begged me to give him another day, and I did so; I did not care whether he brought me the guarantee or the money—I saw him at my office on, I think, 30th September, and I think, Mr. Boyd was with him—he said that has till hoped to be able to bring me the money—he said that he owed 12 months' rent at Margaret Street—I said that he had always represented that the rent was paid up in full; he said that it was his brother who was his creditor, and he would never trouble him and was coming forward to assist him to pay off the money—en 3rd October I got this letter: "Dear Sir,—Matters stand as they were till to-morrow, so it will be useless for me to trouble you with a visit to-day"—I do not think I saw him after that letter for a considerable time—on 4th October Craven called—I had never seen him before—I think Mr. Smith said, "What do you call about?" he said, "From Mr. Bell;" Mr. Smith said, "Mr. Collins will attend to it"—Craven handed in a card and said, "I want to make some arrangement with regard to your man in possession," or "bill of sale"—I think Mr. Smith said, "What arrangement do you want to make?"
Craven said, "I want you to give me an order. to remove two glass windows from Margaret Street, as the man declines to let them go without an order signed by you;" I consulted Mr. Smith by a look, and declined to allow the windows to be removed-Craven asked me why, I said that it was only on the 30th we found out that there was a large amount of rent in arrear—Craven said, "That makes little difference, as my brother is the landlord and he would never put in a distress"—I said, "Very likely not against his brother but as against an outside man he would;" he said, "You might safely withdraw from possession of the furniture and stock in trade I have been through Bell's books, I find he is perfectly solvent, he has book debts and orders in hand to the extent of 3,000l."—Mr. Smith said "Is there any County court judgment against Bell, writs or Bankruptcy proceedings?"—he said that there was nothing at all against him, and that Bell's brother would pay the cost of the men in possession if they would withdraw—I or Smith said, "Oh, we can't withdraw except we have some guarantee that the landlord does not distrain"—he said there would be no difficulty in getting a letter to that effect, and asked me to draft one; I did so and handed it to Craven—this is it (produced)—he took it away with him to get it signed and get a cheque for 20l., and we agreed then to withdraw the men—he never brought the letter signed or the cheque, but he called next morning, Saturday, and said, "I was unable to get that letter signed by Clayton and Bell, as Mr. Clayton was out of town, consequently Mr. Bell could not bind his partner—I said that if Mr. Bell would sign it I would accept a letter from him undertaking that his partner should sign it on his return, and said, "May I rely upon your statement"—that was as to Bell's solvency—he said, "I would not have made the statement had I not made myself aware of the fact I have acted for the family a great number of years, and I have investigated Bell's books, you may take my word:" he then left-at one of the interviews he said, "I will let you have a balance-sheet"—he never gave me the slightest intimation that he was concerned in preparing for Bell's liquidation on his own petition—he returned at 2 o'clock on the Saturday, and brought me this letter written on paper from Regent Street, signed by Clayton and by Bell, in which the two last lines are different from the draft I supplied him with—he also brought a cheque for 20l-before I took the cheque I said, "Am I to rely on Bell's solvency? You know the position my client will be in if any procedings in Bankruptcy or liquidation are taken," or words to that effect—he said, "You may rely upon it there is nothing of the kind, he cannot file a liquidation petition, he owes nothing"—upon that I signed two letters directed to Emerson and Pocock the men in possession, to give up possession—I would not have given those letters if I not received the assurance from Craven that Bell was perfectly solvent-that was Saturday, and on Monday morning Mr. Day went out of town, and did not return till 5 o'clock, and then he found at his office a notice restraining him from enforcing the bill of sale, and likewise a notice from the Bankruptcy Coupon the Tuesday morning I searched at the Bankruptcy Court and found the petition had been filed at 11 o'clock on Monday morning and that John Berkeley Craven was appointed receiver and manager, and that the debts were 7,000l. (The bankrupt's petition, affldavit, and list of creditors, were here put in.) A copy of this notice (produced) was directed to each creditor and handed to an officer of the Court, who posts them. Cross-examined by MR. DAY. I was in the money-lending way five years
ago, not later—I lost all my money at it—I was engaged in that way seven years—I should have been very sorry to be engaged with a money lender named Pickard—1 had not an office in the same building with him—I have done business with many bill discounters—I have now taken to the law—I am clerk to Mr. George Smith—his furniture is subject to a mortgage, and I am the mortgagor—the premises are taken in Mr. Smith's name—they were furnished in June, 1878—I should be a very clever man to tell you whether the furniture is paid for—it belonged to a Mr. Grain, who mortgaged it to a money lender in the City, and I borrowed the money of Messrs. Finch and Finch, of 13, Union Street, Southwark, and paid the mortgage off—Mr. Grain in consideration of that transferred the furniture to me, and Mr. Smith pays interest to me—he pays me 200l. a year wages, and I have had some money for interest—I knew Mr. Day at the end of August, 1878, since then I have once been to Bow Street on his behalf, and it may be a dozen times in other matters affecting Craven and Bell, but not affecting Mr. Day—that once was a charge of fraud—I never received a shilling to settle it—I received instructions to ask the Magistrate to allow the prosecutor to withdraw—I do not know what money was given to withdraw; it might have been 10,000l.—I have heard that something was paid; that the father of the young man came down in a very pitiful state, saying that he might have thought he had a right to do what he did, and he took back 25l.—the bill of sale was for 32l.—I do not think I have been to Bow Street on my own private business—I think one fool summoned me to Bow Street—I do not know whether it was for stealing a cheque for 7l.—I know he never went on with it; he dare not—it was Mr. Kish—I paid him a lot of money—I have paid him money since, and I believe he says I owe him money now—he dare not proceed with the summons—he did not ask to be allowed to withdraw, he never went on—I did not take proceedings for malicious prosecution—you had better call him, he is in court—Q. Did you go to him, and ask him to forgive you?—A. I would kick him—Mr. Day and I went out of town on Monday, 7th October—I saw Mr. Broome that day—I was at Southsea, but I called at Mr. Bell's place first—I did not see Craven that Monday morning—I went to Southsea on a client's business—I do not know whether it was a bill of sale—Day was not the client, but I went down with him—I had no notion of going into possession again when I got the cheque for 20l. and the letter of guarantee, not if the instalments were paid—I was not likely to send Pocock again in a hurry—I was at Bow Street when Pocock was called for Day—he will be called—I did not say to Pocock that he might have to go into possession again on Wednesday, and did not hear him swear so at the police-court—I saw him that evening, and paid him his money—anything he said in cross-examination would not strike me as strange, because you so fugged him as to dates—I heard him swear that I said "I might want you again on Wednesday," but nothing in regard to Margaret Street.
Re-examined. For the last three years I have been in the law—I never was a money lender in my life, except on my own account—Mr. Grain has an office in Great James Street—his furniture was mortgaged, and I bought it, and loaned it to Smith, who pays me interest—it is very good furniture—a man named Kish, who is at present on the Roll of Attorneys, summoned me to Bow Street, and never appeared—I appeared, and it was dismissed—there is not the slightest particle of truth in the statement that I compromised it—I did not pay him one farthing for the summons being dismissed.
HENRY BRIDGE . I am one of the firm of Evison and Bridge, law stationers—I printed these papers in Bell's liquidation—I received my instructions on Saturday, October 5th, at 4.15—here is the entry in my book (produced)—I shut up on Saturdays at 5 o'clock—I did not take the instructions—my man Alfred Paul took them—he is in my employ now—printers do not work after 2 o'clock on Saturdays, and the instructions were printed on Monday morning, and sent to Mr. Norman (Bell's solicitor)—I sent the bill to Mr. Norman—I do not know Craven—I have copied the brief.
JAMES KEVELL . I am an oil and colourman—Bell has dealt with me and has been in my debt some years—he owed me 120l. in 1872, when his firm was Bell and Almond—in 1873 he-was alone—he owed me 229l. in March, 1873, and in 1877, 363l. 11s. 7d.—on 11th September, 1878, he owed me 339l. 8s. 6d.
FREDERICK POCOCK . I am a painter and plumber—in August last I had been laid up, and was not strong enough to follow my own employment, and Mr. Collins employed me to go into possession of 74A, Margaret Street, Cavendish Square—I went in on 31st August, and had possession up to 5th October—I did not know Mr. Craven till the latter end of the time, he then came sometimes two or three times a day—he went into the clerk's office, he would stay as late as 6.30 p.m, but I did not see what he did there—I did not sleep there, I had the keys, and took them away with me, and opened the premises in the morning—I had orders not to allow anything to leave the premises without an order from Mr. Smith.
Cross-examined by MR. DAY. I went to Collins on Friday night to get my money, and he said, "I shall want you very likely on Wednesday, to go in—I went there early on Monday morning—I told Mr. Bell's workmen, according to what I was told, "It is very likely I shall be in here again on Wednesday"—that was in consequence of what I had been told on Saturday—I am out of these people's employment now.
Re-examined. He did not say where he might want me on Wednesday, he said, "I shall want you to go in again on Wednesday, very likely."
MR. STRAIGHT submitted that there was no evidence of conspiracy against Craven, his statements were only made through the medium of Smith and his clerk, on 4th October, not to Mr. Day himself, and that the Prosecution had tied itself down to the representations made on 4th or 5th October; there was no evidence that Bell knew of Craven's statements, or of any conversation between Bell and Craven, or that the card produced by Craven came from Bell. MR. DAY, while admitting that the card was in Bell's writing, and that he gave it to Craven, contended that it was not evidence of conspiracy, but was simply given to prove that Craven was Bell's agent in trying to make an arrangement. MR. COLE, in reply, contended that as Craven was constantly seen in Bell's office where the books were, and presented a card to Mr. Smith in Bell's writing, introducing him, he thus became Bell's agent. The COMMON SERJEANT considered that there was sufficient evidence of conspiracy to go to the Jury, and declined to reserve the point.
NOT GUILTY .
NOT GUILTY .
FOURTH COURT.—Thursday, November 21st, 1878.
The JURY being unable to agree, were discharged without a verdict. On the following day, the Prisoner PLEADED GUILTY to the charge, and was sentenced to Eighteen Months' Imprisonment .
NEW COURT.—Friday, November 22nd, 1878.
Before Mr. Recorder
39. CHARLES EDES** alias EDWIN EDWARDS alias JAMES HERITAGE (30) PLEADED GUILTY to forging and uttering a certificate of character, with intent to obtain a situation as barman.— Nine Months' Imprisonment .
40. COURTNEY CLARK SMITH (33), THOMAS DAVIS (36), and JAMES HARDINGE (32), Unlawfully obtaining by false pretences from Edmund William Gabriel, 50 cases of brandy, and a bill of lading for 50 cases of brandy, with intent to defraud. Second Count for conspiracy.
EDMUND WILLIAM GABRIEL . I am a wine merchant of 16, Walbrook, and am agent for Messrs. Schroder Freres, Bordeaux—early in January I put an advertisement in the Telegraph, and on the morning of the 5th I received this memorandum (produced)—I subsequently called at Smith's office and saw him write this: (Read: "Memorandum. From C. C. Smith, Emigration and Shipping Agency, 23, Leadenhall Street, London. Passages booked to all parts of the world. The writer has a connection and can be seen any day at 10.30.")—I spoke to Smith with reference to that memorandum, and he told me he had a business and was a shipping agent for the Queensland Emigration Commissioners, and sometimes sent out wines to the Colonies; sometimes in wood and sometimes in cases—he said he would call at my place, which he did a few days afterwards, and tasted some samples of claret—I afterwards received this memorandum of 17th January, "Can you guarantee it to keep on a long voyage?" and he subsequently ordered five has. of claret—I forwarded the order to my principals, and wrote to Smith on 19th January for a reference, and in reply, on 21ST January I received this letter: "Queensland Emigration Agency, 23, Leadenhall Street, London, C. C. Smith. Dear Sir,—In reply to your favour of 19th, I have much pleasure in referring you to Mr. F. Smith, 144, Gresham Street, which, although the same name, is only a business reference," &c.—I accordingly went to that address and saw a person who called himself Frederick Smith—I said I had been referred to him by C. C. Smith, and I asked him what he knew of him, and he said, "I have known him for some time"—I said, "Is he good for a certain amount of business?" he said, "He is most respectable and can fairly be trusted to the extent of 100l." This was the office of the Massicot Cement Company, of which he was shipping agent—I was satisfied and executed the order—C. Smith came to my office to taste some brandy—I handed him the bill of lading
for the five hhds. of claret about 7th January—it came to 30l—he accepted a bill for it payable at his office, which was met in April—he ultimately gave me an order for 50 doz. of brandy at 15s., free on board, the other side—that came to 37l. 10s.—on 4th February I received a letter from him saying that he was about opening a banking account at New South Wales and should in future make bills payable there—I forwarded the order to my principals—I received this bill of lading for that on 14th February, which I handed to Smith—it was ex ship Lumley—a day or two after I handed him this draft for acceptance—it is drawn by Schroder Frères upon him for 37l. 10s. "Accepted payable at the Bank of New South Wales, C. C. Smith": it is in his handwriting—it was afterwards returned by Messrs. Schroder Freres dishonoured: "No account"—while that bill was running I received this memorandum, dated 19th February, giving an order for 50 doz. of brandy at 12s. the other side, amounting to 30l.—I received the bill of lading and handed it to Smith, together with a bill of exchange, dated 5th March, for the amount payable as before—about 20th March he called at my office and gave a verbal order for 10 cases, and afterwards I received this memorandum, altering it to 25 cases at 15s., amounting to 18l. 17s.—I handed him the delivery order—we asked him if we should warehouse it at the Red Lion Wharf, as before, and he requested us to do so—I handed him the bill of exchange, drawn as before, payable at the Bank of New South Wales—at the time this became due the other two had been returned, so I did not present it—I subsequently had a further order for claret from him, which I did not execute—I met Smith in Leadenhall Street, about 20th March, and he gave me a card of Davis Brothers and Co., of 109, Fenchurch Street, similar to this (produced)—he told me to take them some samples of brandy, I might do some business there—it was wanted for mixing purposes—I called there and saw on the door "Davis Brothers and Co."—the office was shut—it was about 11.30 a.m.—I called the next day and saw the prisoner Davis alone, and asked for one of the principals of the firm—he said he was Mr. Davis, and I told him I had a card of introduction to him from C. C. Smith—he spoke about some samples of brandy, and I asked him what kind of brandy, and what price he would require—he said, "The best you have at the lowest price you have"—I sent him samples and called on him again, when I saw the prisoner Hardinge—I asked if they had tasted the samples of brandy, and Davis said "Yes, but I prefer the one at 9s."—he gave me an order, which I took down in my pocket-book, for eight quartercasks of brandy—it was to be marked D and a diamond—when I got back I found an order which Davis said he had sent, and which was for 16 quarter-casks—I called again and saw Davis, and he then altered the order to eight quarter-casks—these letters are in Davis's handwriting—I asked the mode of payment, and he said a three months' bill—I forwarded the order to my principals—before I received the bill of lading I wrote to Davis and Co. for a reference, and received this letter in reply, in Davis's writing, dated April 6th, 1878, marked T.: "109, Fenchurch Street. Messrs. Gabriel and Co. Gentlemen,—In reply to yours of to-day, we beg to refer you to Herbert, Thomas, and Co., Water Lane, Eastcheap," &c.—I went there and saw some one, and inquired for one of the principals, and said I had been referred by Davis and Co.—he said he had known Davis for several years as a most respectable man—I asked him if I should
be safe in doing business[with him—he said "Certainly"—I suggested 100l., and he said he thought he was safe for that amount—I handed the bill of lading to Davis and sent him this draft for acceptance in the usual way—it is drawn by Schroder, on Davis Brothers and Co., for 99l. 2s. 6d., and I saw the acceptance written on it in my office by Davis—it was in due course presented, and returned dishonoured, "No account"—before the bill was accepted I received a memorandum from Smith saying he wanted to see me particularly—I went to 23, Leadenhall Street, and saw him—he said he could not go into the matter, he wanted to see me about until the arrival of a gentleman—he arrived, he being Howard, whom I had met at Davis's office—he said, "I am sorry to inform you that a trouble has arisen between Davis and Hardinge, and some steps ought to be taken about your brandy" this was about the 10th or 11th April—Smith proposed that the eight quarter casks should be placed in his name, and he produced to me a copy of this document (produced)—I approved of the transfer as a temporary measure—Howard said in Smith's presence that Davis had found that Hardinge had not been acting fairly or right with him—there are two signatures to the document, of Davis Brothers and Co.—I recognise the second one—it is on their usual note-paper—I wrote to the wharf, authorising the transfer into Smith's name—I required one of the quarter casks, and went to Smith about it early in the week, and said I wanted it by Thursday or Friday, as I could not get it the other side quick enough—he said he would endeavour to get one, but that he must consult Davis—this was about a fortnight after the bill was accepted—I saw Davis about it, and he said he would write me, which he did, saying I could have a quarter cask if I would give my acceptance—I went to Smith, and said I preferred giving my cheque, and paying the money into the City Bank, to part meet Davis's bill for 99l. 2s. 6d.—Smith said he would have my acceptance instead, and as I was much pressed for the brandy, I agreed, and gave this acceptance for 12l. 3s.—it was met at maturity—I have never been paid for the brandy—after I had seen F. Smith at Gresham House, he also ordered 100 cases, which I supplied, and he referred me to Marsh Brothers and Co., of Gresham Street—I never received payment—he gave me his acceptance, which was dishonoured, and at the time he came and said it would be paid—since these proceedings, I have been to Mr. Robert Attenborough, of the Minories, and have there identified several warrants relating to this brandy—they were produced at the police-court—these are warrants for seven out of eight quarter casks (produced)—these are three warrants relating to 30 cases, part of the brandy I supplied to Smith, the first lot—I have also been to the British and Foreign wharf, and seen there the seven quarter casks and the 30 cases of brandy, and at Red Lion Wharf I saw 49 out of the second 50 cases of brandy supplied to Smith—I parted with my goods on the faith of Smith being agent to the Queensland Emigration Commissioners, his respectability generally, and the reference he gave me to Frederick Smith, and I parted with my goods to Davis Brothers from the introduction I had received from C. C. Smith, and also the reference to Herbert, Thomas, and Co. and I believe the bills to be reliable documents—Davis on one occasion said he believed Hardinge to be a rogue.
Cross-examined by MR. SIMS. I know the office of the Queensland Emigration Agency, at Charing Cross—I did not see Smith's certificate
of agency—he told me he was a general shipping agent in addition—I
did not care where the claret was as long as I got my money—I was informed it was for shipping—I approved of the transfer as a temporary measure—I did not know what was going to turn up—it was not so much to oblige me—I had to pay for it—it was a matter of business—I did not have transactions with Davis, which caused the transfer into Smith's name—after the arrangement was made at the wharf, Davis came to me and gave the acceptance—it was not understood between us that I was not to go to Davis—I got into no trouble with Schroder Freres—Davis was non est there.
Cross-examined by MR. PURCELL. When I went to Davis's office at 109, Fenchurch Street—I did not observe anything on the door about a lubricating agency—I simply saw the word "Lubricator"—I did not see a number of lubricators upstairs—I saw a number of things which looked like mats, and there might have been other things open or unpacked.
Cross-examined by MR. STRAIGHT. I cannot give you the exact date when I first saw Hardinge—I think it was about 25th or 26th March, and again two or three days afterwards at the same office, sitting at the table writing opposite Davis—it was about a fortnight or three weeks after that that Davis told me Hardinge was a rogue, when he was accepting the bill in my office, which was afterwards not paid.
By the JURY. The transfer of the eight quarter casks of brandy was effected after I had given up the bill of lading, but not before I had given up the goods.
By MR. SIMS. Smith was for some time appointed by me as agent at a commission of five per cent.
Re-examined. No such agency business came to maturity—I had not seen Davis or Hardinge before I agreed with Smith to the transfer.
By the COURT. There was an understanding between Davis and Smith that the transfer should be made to Smith, so that it should not fall into Hardinge's hands at all.
By the JURY. I had no authority from Davis and Hardinge.
By MR. AVORY. Howard said he simply acted as a friend of mine in the matter—I should certainly not have parted with the goods had I known the warrants were going to be pawned.
GEORGE PERRY . I carry on business at 15, Savage Gardens, Tower Hill—it is part of my business to obtain warrants in exchange for bills of lading—I received this bill of lading from Smith marked "Z," which I took to the British and Foreign Wharf, and obtained five warrants for 10 cases of brandy in exchange—I handed them to Smith—my signature is on the back—they were made out in the name of W. D. Whaley by Smith's instructions—Smith gave me 1l. on account for this—there is still a balance of 1l. 13s. 7d. due to Mr.
Cross-examined, by MR. SIMS. I was introduced to a man who did it in the ordinary way of trade.
RICHARD CHARLES DARBY . I am a clerk at the British and Foreign Wharf, Lower East Smithfield, and produce two bills of lading marked U and Z, one for 50 cases of brandy and the other for eight quarter casks—two are at the wharf and 30 out of 50 cases—I received the bill of lading for the eight quarter casks from Davis Brothers and Co.—it is endorsed by them—they ordered us to issue eight warrants in the name of C. C. Smith—this is the order (produced)—it is on one of our forms—we issued the warrants accordingly—about that time we received this letter from Davis Brothers and Co.
RICHARD CHARLES DARBY (continued). I have seen this letter from Davis Brothers and Co. (Read: "Sir,—We trust you will have the warrants ready by Friday next," &c.) We also received this document, dated 11th April, with the double signature of Davis Brothers and Co. to it, in consequence of which the brandy was transferred into Smith's name—this is a letter I received from Mr. Gabriel approving of the transfer (produced)—we also received this document from C. C. Smith, requesting the delivery of the warrants produced.
Cross-examined by MR. SIMS. I believe Smith came to the wharf on behalf of Mr. Gabriel before the transfer was made out—I never knew that Smith was agent for Gabriel
THOMAS GULL . I am foreman to Mr. Robert Attenborough, pawnbroker, of the Minories—I produce the warrants relating to seven quarter casks of brandy, pledged by Smith in his own name—there are three warrants for three quarter casks pledged 25th April, one for one quarter cask pledged 27th April, one for one quarter cask pledged on 18th May, and two for two quarter casks pledged on 20th June—I also produce three warrants for 30 cases of brandy pledged on 29th June—the contract notes were made out by me—I also produce a contract note marked "A. B.," referring to 54 dozen brushes pledged by Smith on the date of this note, 12th July—the brushes are still in our possession—I also produce a contract note marked A. C, for two mill bands pledged by Smith on 11th October for 9l.—I saw the invoice at the time, which was for 23l. odd—the leather belting is still in our possession.
Cross-examined by MR. SIMS. We meet with a very large number of goods being pawned for temporary accommodation, and during the present depression of trade many merchants have need of it—I have known Smith for four or five years, and have known his place of business for the last two years, during which he has had dealings with us off and again—some pawnbrokers lend more than the goods are worth—that is by inadventure—in that case they are not often applied for again—Smith has always redeemed hitherto—he pawned these things in his own name and address—he called on me once and said he had lost the contract notes, and requested me not to sell, and to give him notice before the contract time ran out, and he paid interest to renew.
Re-examined. I should think that was five weeks ago—I knew of his being taken into custody almost directly.
JOHN THOMAS PARKER . I am a traveller for Messrs. Norris and Co., of High Street, Shadwell, leather merchants—on 22nd August last we received this letter, marked C, from 97, Leadenhall Street, whence Smith had moved. (Read: "From C. C. Smith.—Messrs. Norris and Co., August 21.—Gentlemen,—Please forward price list for leather belting for export.—Yours truly, C. C. Smith, per—.") I called at Smith's office about 11.30, and found it closed—I called again and saw Smith, who said he had got an order for about 50l. worth of belting; driving band for machinery; "I should like to have a quotation; have you a sample with you?"—I gave him a quotation—there was a Mr. Scott in the office at the time—I thought he was a partner, because his name was on the door as well as Smith's—I called again and left the samples—he subsequently told me the order he
had spoken about he had been obliged to place elsewhere, but he could give me a small sample order for 200 feet, and my firm received this letter, dated September 17th. (Read: "C. C. Smith.—Dear Sirs,—Can only give you a very small order at present," &c. "References enclosed.") In the letter was enclosed this card of C. C. Smith, and on the back was written "Hardinge, Entire Lubricator Manufacturer, 109, Fenchurch Street"—I called at Hardinge's office—on the street door was "Hardinge and Co., Lubricator Manufacturer," and on the door of the office there was "Hardinge and Co."—he was out, and I called again and saw him—I said "Mr. C. C. Smith has given us your name as a reference; we shall be glad if you will kindly inform us what you know about him and whether he is respectable, and it is safe to trust him to the extent of 50l."—I had the card in my hand—he said "Mr. Smith is a very respectable man; not rich, but quite good for 50l.; I have done business with him myself"—I said "For how long?"—he said "For some months"—I said "On what terms?"—he said "First a monthly account, and the last transaction I drew on him at three months"—I was satisfied with the reference, and we executed the order, and on 24th September we sent him the invoice for the belting amounting to 13l. 1s. 4d.—in reply we received this letter from Smith marked E, and dated September 26, enclosing this shipping note (produced)—this is the dock receipt (produced) which our carman got from the East and West India Docks when he took the goods—on 30th September I called at Smith's office with the dock receipt and told him the dock receipt was the only evidence we had of the delivery of the goods, and we could not part with the receipt except in exchange for the money—I produced it in order that he might see that the goods were there—he coloured up very much, and said "It is my order; you will see to that in the morning, Mr. Scott"—the goods were standing in the docks to his order—the same day I had received this memorandum from Smith, asking for a sample of the belting supplied to send to Australia, and I left a sample—on 2nd October I received this post-card from Smith: "How soon could you supply 100 feet, each three inches, single and double? Please reply immediately and send price list." This was answered directly—we then received another postcard, dated 2nd October, saying they could do with 200 feet double—I called in answer, and told him it would be delivered in a couple of days—on the 4th we received this order, "You can send to the London Docks, not later than Tuesday, to my order, 100 feet single belting," &c. Signed, "C. C. Smith"—we executed the order amounting to 23l. odd, and this is the receipt our carman brought back from Smith's office, where we sent it, as they had refused it at the London Docks—we received this letter, dated October 10, from Smith, saying he was sorry the mistake occurred—we had received a letter, as before, asking us to send samples for that order—I sent the samples, and asked for some money the same day—Scott was there, and said Mr. Smith was at Gravesend, and I got no money, nor have I had any payment in respect of either of these orders—I have since been to Mr. Attenborough's, and have seen there the last lot of leather belting supplied—I identified it by numbers on it—I have also seen the first lot at Bow Lane Police-station—on 16th October I received this memorandum from Hardinge. (Mr. Leslie proved the handwriting.) (Read: "106, Fenchurch Street The Hardinge Lubricator. By Royal Letters Patent. Address, 'Hardinge and Co., London. ' Dear Sirs,—When in the City we should
be glad if you would favour us with a call here. In the meantime, dear Sirs, yours truly, Hardinge and Co.") That came the first day the case was in the papers—the reference Hardinge gave us induced us to part with the goods.
Cross-examined by MR. SIMS. Smith did not mention Levy and Co. as the shippers, but simply that he had an order—I do not know the firm of Levy and Co., shippers.
Cross-examined by MR., GEOGHEGAN. Hardinge gave me one of his books, and said probably I might be able sell a few of the lubricators—he occupied two rooms well furnished—there were a good many cases there—I don't know whether they contained lubricators.
Re-examined. I never sold any of them
THOMAS PEELING . I am a wharfinger at the East and West India Docks—on 27th September last I received a case of leather belting marked W. W., which I saw handed to Edward Maybery on 7th October—this is the delivery order, authorising me to deliver it, it has Maybery's receipt on the back.
EDWARD MAYBERY . I am a carman in the employ of my father at St. Mary Axe—I fetched the case in question, on 7th October, from the East and West India Docks, and signed this delivery order for it, which I took to the docks—I left the case at 97, Leadenhall Street, Smith's office.
CHARLES RICHARD WRIGHT . I am a clerk at the Red Lion Wharf, and produce a bill of lading for 50 cases of brandy, ex ship Condor, Bordeaux, endorsed by Gabriel and Co.—we subsequently received the delivery order, which has been produced, authorising us to deliver to Mr. C. C. Smith, and in accordance with the endorsement ("C. C. Smith; samples: two cases") we let the bearer have the landing account—we then received from Smith this order for warrants to be made out, "C. C. Smith, To the proprietors of the Red Lion Wharf. Please have five warrants, each for 10 cases made out in the name of W. Whaley. C. C. Smith. Dated 7th March, 1878"—we did so accordingly—this is one of the warrants—that order was altered and it orders on the back to deliver one case, and hold the remainder in the name of J. C. Bailey and Co.—we delivered the one case to the bearer, and we have the 49 cases out of the 50 on warrants—we then had orders to make out warrants in the name of Whaley.
Cross-examined by MR. SIMS. We still have the 49 cases at the Wharf.
Cross-examined by MR. SIMS. We have many branches at Queensland—I have not come across his name in the books as having an account there—I should not like to say he has not
JOHN REED CLARKE . I am a brush manufacturer, of Devonshire Square, where I was in business in June last as "J. B. Jack and Clarke"—I received this letter from C. C. Smith, marked A. J.: "23, Leadenhall Street, London, 21ST June, 1878. Messrs. J. B. Jack and Clarke, 17, Devonshire Square. Dear Sirs,—Please have the enclosed order ready for shipment on or before 1ST July, in two cases equally divided, marked W. W. 15 and 16. Terms as agreed, cash one month from date of shipment, less 7 1/2 per cent, discount. I return five brushes, No. 076, A. C. 73, 87, D. 63, and one cloth, which please place to my credit. I beg to refer you
Mr. F. Smith, 144, Gresham House, as to my means and respectability. Yours truly, C. C. Smith." Those were sample brushes—enclosed was this order for brushes amounting to 24l.—I went to F. Smith's, and was told he was away, and I applied for a further reference, and Smith sent me the same of Hardinge, 109, Fenchurch Street—I went there and Hardinge said he had had dealings with Smith, and thought I was perfectly justified in giving him credit to about 25l. or 30l.; he had always found Smith quite correct—I was satisfied and executed the order, and they were delivered, packed in one case, to the carman Maybery at my office—on June 24th I received a further order from him for brushes, and on 10th July, I received this order for samples (produced)—the samples were sent to the amount of 19s. 10d.—on 13th July I received this further order for samples—they were never sent—I also received this memorandum of 24th June, asking me the price of the best brown Windsor soap—that I did not supply—when the second order was supplied the first had not been paid for—I have applied several times for payment and have got nothing—on 28th October I went to Mr. Attenborough, in the Minories, and there saw the cases of brushes that I supplied to Smith—I have also been to Messrs. Barker, pawnbrokers, of Houndsditch, and there seen the sample brushes supplied on 10th July—about the 17th October I had a visit from Hardinge, who said he had seen this case in the papers, and was very much annoyed, as it would do him a great deal of harm, having his name mixed up in the matter, and he begged of me not to mention his name as having been a reference for Smith—I said I did not wish to take any action in the case at all—he said there was a bill for 90l. owing to him by Smith, and I told him what I had lost and that I considered the money gone, and was not going to do anything more—I parted with the brushes to Smith on account of the reference I had to Hardinge.
Cross-examined by MR. SIMS. I had had no regular dealings with Smith before this—I had through a second party in May, named Jones—Smith did not complain of the quality of those goods—I commenced an action for my money—a writ was served, and appearance entered—Jones introduced Smith
Cross-examined by MR. STRAIGHT. I only saw Hardinge once before I sent the goods—I had a few words with Hardinge on the first occasion about his lubricator—he told me it was a magnificent invention—the next occasion I saw him was on the 17th October—he came to me in a frank way, as far as I could judge—I said to Hardinge that I thought Smith always did his business in a very business-like way—I wrote to Smith and told him I must have a reference; in fact, that I always had two—I did not tell Hardinge I should have trusted Smith, irrespective of the reference—I will not say that I did not say I would have trusted him to the extent of 300l.—he told me he had a limited liability company to carry out his lubricator.
Re-examined. Jones's office was in the same house in Leadenhall Street, as Smith's—I have not seen Jones lately—he left that office before Smith, I think—that is all I know of him—the action stopped at the appearance being entered, I thought it better to see if I could get my money—if I said I would trust Smith to the amount of 300l., it was on the strength of the reference from Hardinge.
GEORGE HAMBLETON . I live at 91, Houndsditch, and am assistant to Messrs. Barker, pawnbrokers—on 31ST August last I received in pledge the sample brushes which have been identified—this is a duplicate of the
ticket—I cannot recognise the person who pawned them—they were pawned in the name of John Smith, of 1, Leadenhall Street
EDWARD CHERER . I carry on business at 127, Holborn, as agent for Messrs. Cochrane and Co., glass manufacturers, of Glasgow—on 26th July a friend of mine (Mr. Johnson) introduced Smith to me at my office as requiring certain articles in the way of tumblers for the market in Queensland—he selected two patterns, and ordered two tumblers to be made a certain size for that market—he handed me this card: "C. C. Smith, Colonial Government Agent, 97, Leadenhall Street," a few days after the tumblers were made, and Smith called and approved of them and ordered a hundred dozen—they would come to about 28l.—I forwarded the order to Cochrane and Co.—Smith wanted them sent to the Poplar station, to his order, marked W. W. 1 to 4—he wanted them in by 10th August—I think they were in town by the 7th—this is the invoice, it is dated 7th August, which would be the time they left Glasgow—Smith said they arrived too late for a certain ship he wanted them to go out in, and in consequence he had lost the shipment by that vessel—this is the letter I received from my principals in Glasgow: "Dear Sir,—I have only to-day received your advice saying I have lost the ship, causing me delay and loss," dated 12th August, 1878—I told Smith my mode would be 5 per cent, and an extra 1¼ if he paid in a month, and being the first order I should require payment—about the beginning of September I applied for payment, and he said he should want a little more time as the goods had lost the ship—I said, "Very well, Mr. Smith, I will give you the time, shall we appoint a day?" he said, "Yes, if you like we will say 20th September for payment"—I was ill on the 20th, but I applied to him on the following Monday, at his office, for payment—he said he had been disappointed of some payments he was to receive, and could not settle—I applied two or three times afterwards, but did not get payment—on 2nd October I received this memorandum marked A. R. (Read: "To Edward Cherer, from C. C. Smith. Dear Sir,—Mr. Smith would feel greatly obliged if you will draw on him for the amount of account at one month,"etc. "Yours truly, Scott") I did not do so—I afterwards received this post-card—I think it is dated 2nd September: "I presume you fully understand I require a duplicate shipment of tumblers at once"—he had said nothing about a duplicate shipment, and I did not execute the order, the others not having been paid for—I supplied the goods, as he was introduced by my friend, whom I had known for about 12 years, and Smith made it appear that he had been appointed Queensland Emigration agent entirely to this country, for that country, and upon that I let him have a small quantity of goods.
Cross-examined by MR. SIMS. I ascertained lately that the goods were shipped to the Cape, which I communicated to the prosecutor—he ordered them for the Queensland market—they were shipped by Jacob Levy and Co.—I knew nothing of any arrangement between Smith and Levy—I have been told by Jacobs and Co. that I shall be paid.
ALEXANDER LESLIE (Re-examined). I am an engineer, of 295, Strand—I received this letter which has been produced, from Hardinge and Co., on 29th May—I got up an illustrated catalogue with figures and drawings for the lubricator—I have not been paid—there are several documents here in Hardinge's handwriting.
109, Fenchurch Street—in April and May last I saw Davis at 109, Fenchurch Street—at the end of May the name on the door was changed from "Davis Brothers" to "Hardinge and Co., lubricators"—I met Smith in Lombard Street on 14th October—I told him I was an officer, and held a warrant for his arrest—he said "Yes, very well; it is about some wines and brandies, is not it?"—I said "Yes"—he said "I thought so; a friend of mine told me that the police had it in hand. How long have you held the warrant?"—I said "From the commencement of this month; come to the police-station, I will read the warrant to you"—I took him there and read the warrant—he said "I see by this you want Fred Smith"—I said "Yes"—he said "I have not seen him for some time past; the last I heard from him was from York; he has had about 100l. worth of the wines, and has led me into this, me only being his agent; I have also pawned some warrants with Messrs. Attenborough of the Minories for Davis, to enable him to go to Liverpool"—I said "Have you the contract notes for those warrants you have pledged?"—he said "No, I have not, I fancy I have lost them; I put them in a large pocket-book of mine"—I then went to his office, 97, Leadenhall Street, and found a number of papers in a tin box, and amongst them the contract notes which have been produced; and also the duplicate pawn-tickets relating to the sample brushes; also these letters—I also found a call-book, letter-book, and ledger (produced), also bill-files and invoices—I went to the police-station on the 15th, and found Davis in custody there—he said "Good afternoon, Green"—I said "Good afternoon, Davis; the last time I saw you was in May; I told you what it would come to"—he said "Quite right"—on the 18th October I arrested Hardinge at 109, Fenchurch Street—I said "You must consider yourself in custody; you will be charged by Messrs. Hutchins, solicitors, with being concerned with Courteney, Clarke, Smith, and Thomas Davis, now in custody, in conspiring with them to defraud people of goods"—he said "For God's sake don't take me now; let me wait a while," and he sat down, and after a time I took him to Bow Lane station—I then went again to his office, and found invoices, a letter-book, and other small books. (MR. GABRIEL here identified further letters in Davis's handwriting, found in Smith's office.)
Cross-examined by MR. SIMS. I had two tin boxes full of papers and books—I found some receipts in tin boxes—they are at the station-house.
Cross-examined by MR., PURCELL. The last time I saw Davis was at the end of May.
Cross-examined by MR. STRAIGHT. I also found at 109, Fenchurch Street, prospectuses of the lubricator, and a large number of invoices, showing that lubricators had been supplied and paid for, also office books.
Re-examined. I found a quantity of stationery of "Davis Brothers and Co., home and colonial merchants"—there were invoices relating to other things than lubricators; French chalk, and so on—I have a warrant for the apprehension of Frederick Smith, but have been unable to find him
JAMES KENNISTON " (Detective). I have watched the premises in question, and during August and September I saw Smith constantly at Hardinge's office, and at Leadenhall Street—they would come down together and go into the restaurant—I saw Davis the latter part of the time at Leadenhall Street—I arrested Davis on 15th October, at 97, Leadenhall Street—I said "Mr. Davis"—he said "Yes, sir"—I said "I am a police-officer, and hold a warrant for your arrest, for being concerned with Courteney, Clarke, Smith,
and other persons with obtaining goods by fraud"—"Oh," he said, "there is others in it worse than me"—I took him to Bow Lane station, and there I found on him certain letters (produced)—he gave me an address—I went there, and found a quantity of letters and other papers in a portmanteau from Smith and Hardinge—I have seen them at the Mansion House—I also found several pawntickets relating to wearing apparel.
JOSEPH LEWIS . Iam a stationer of Cow Cross Street—in consequence of a letter I received on 27th or 28th March last, I called on Hardinge at 109, Fenchurch Street, and he gave me an order for a card-plate and cards, and some envelopes from the plate. (Cards, envelopes, and plate produced): "Davis Brothers and Co., home and colonial agents, 109, Fenchurch Street"—he afterwards gave me an order for a plate for C. C. Smith, from which I did some paper (produced)—I also had an order for some order forms—this is the original copy handed to me by Hardinge (produced).(MR. AVORY then read the correspondence between the parties.) C. C. SMITH— GUILTY .— Eighteen Months' Imprisonment DAVIS and HARDINGE— NOT GUILTY .
THIRD COURT.—Friday, November 22nd, 1878.
Before Mr. Common Serjeant.
MR. A. METCALFE Prosecuted; and MR., THORNE COLE Defended.
JOSEPH BUTTELL (Policeman 145 E). On Sunday, 27th October, I was on duty at Mabledon Place, Euston Read, at 1.10 a.m.—I heard a man groaning and a cry of "Police" and "Thief"—I saw a man lying on the ground and two persons leaving him, they ran very fast, and when I was 20 yards from the spot, I saw the prisoner strike the man on the side of his head, he was 15 yards behind the other two and was the last to leave—he ran in the same direction—I kept him in sight for 400 yards, and caught hold of him in Dicker's Road—he was very flurried and out of breath, and his shirt front was torn—I said to him "I shall take you in custody for robbing a man in Mabledon Place"—he said "You have made a mistake, I have only 1s. search me if you like"—Mr. White came to the station and complained of being robbed—I put the prisoner with nine or ten others, some of whom were in custody, and others volunteered, and White said in a moment, "That is the chap that struck me"—the prisoner said he knew nothing of it
Cross-examined. He said again at the station, "You have made a mistake," and again at the police-court—that has been his defence from the beginning—E 69 was about four yards behind me—I laid hold of the prisoner first—White had had a good deal to drink; I should consider him drunk, but he was not incapable—when the prisoner said that he had only a shilling he held it up to me—I searched him and found no more—I will swear there were nine persons put with him—he was remanded till the following Saturday, and admitted to bail—I did not see White at Bow Street on the Monday, I saw him on the Tuesday—he did not tell me that the man he saw get out of the police van was not the person, but he told the Magistrate so.
and saw the prisoner strike White in the face—I was about 20 yards from them, and about a yard from Buttell—we both ran after the prisoner, Buttell caught him—I lost sight of him for a second, turning a corner—he was out of breath and his shirt was pulled out from his waistcoat in front—eight or nine men were fetched in at the station, and White picked the prisoner out immediately, and said "That is the chap who struck Me."
Cross-examined. There were about six policemen in the charge roomWhite had been drinking, but he knew perfectly well what he was about—he was nearer drunkenness than sober—he might have managed to get home—I saw him outside the police-court on the Monday before the case came on—he was told to come at 10 o'clock—the prisoner was not brought from the House of Detention—he was detained at the station, and had not then been before the Magistrate—I did not hear White say anything about him, he only said that he felt very ill and could hardly breathe, and he did not give his evidence—we two constables gave our evidence—I was examined again on the Saturday—the prisoner ran 40 yards up Crescent Mews, and then turned into Draper's Place, that is a sharp turn, but wide enough for me to see round it, and when I came up he was in Buttell's hands.
Re-examined. The prisoner was kept at the station during the night and taken before the Magistrate in the morning—I saw White in the morning—he told me he felt ill—I placed him in the Court, and saw no more of him—the prisoner was admitted to bail—I saw White on the Tuesday night in bed—I saw him again before the Magistrate on the Saturday, he had been summoned to attend.
MICHAEL WHITE . I live at 25, South Crescent Mews—on the morning of 26th October, about 12.20, I was very drunk—I had 23s. 3d. in my righthand pocket—I went into a turning out of Euston Road—a party came behind me—I cannot tell exactly who he was, but I was turned fair into the gutter on my face and hands—there were three men—I felt a hand in my pocket and saw the man's face—I tried to hold his hand—the others had then gone away, I could only see their backs—I halloaed out and received a kick in the stomach—the men got away—after some time I went to the police-station and was shown three persons—I am quite sure there were only three, they were standing in a corner—I was asked to point out which of those three men took my money, and I said "I think that is the man"—that was the prisoner—I was then told to go up and touch him, but I did not—the prisoner is not the man who robbed me—I cannot tell you whether he was one of the three, but he is the man that I identified—I said that he was the man, but when I went on the Monday to prosecute him I found that he was the wrong man, and I went away—being drunk overnight I thought I should be better able to recognise the man the next morning—the prisoner is not the man that I caught hold of.
Cross-examined. Nobody helped me up—I called "Police," but nobody came, then I staggered along to the station—it took me some time to get there—I was there 10 minutes or a quarter of an hour before I was taken in to identify anybody—I do not remember how many constables were there or what they said to me—there were not 10 men there, only three—I went home by myself—I saw the prisoner next morning coming out of the policevan at Bow Street, and recognised that he was not the man—I then returned to my work—Nutkins said, "Where are you going," I said "To my work"—he said, "Why," I said, "It is the wrong man altogether."
Re-examined. I said that I had a pain in my chest—I did not stop to see that the wrong man was not convicted—I was shoved into the Court and I went out again—I did not tell the Court that I had picked out the wrong man over night.
The Prisoner received a good character. NOT GUILTY .
FOURTH COURT.—Friday, November 22nd, 1878.
Before Robert Malcolm Kerr, Esq.
42. CHARLES COAFFEE (27), FINDLEY WENTWORTH BURT (22), and JOHN SHEAN (17), Burglary in the dwelling-house of Philip Henry Wickstead, and stealing a purse and other articles. AGNES RALPH (27) with feloniously receiving the same. COAFFEE PLEADED GUILTY .
MR. POLAND Prosecuted.
EMILY WICKSTEAD . I live at 7, Regent's Park Villas, and am wife of the Rev. P. H Wickstead—on 4th October I went to bed about 10.45—the house was then secure, and the drawing-room window shut—about 11.45 I heard the window open and heard a fall—I got out of bed and went to the landing—two men were coming out of the study into the hall, carrying a lighted candle—I cannot identify the prisoners—I called my husband, who was in bed; he got up and ran down stairs, when the light was put out—I alarmed the servant, and very shortly the house was quiet—Mr. Wickstead returned bleeding from the stomach—the servant got up and the police came—we found the drawing-room window open, and I missed a silk purse from the study table, between 30 and 40 coins, a silver table-spoon, a grey overcoat, five shilling's worth of postage stamps, a Norwegian dagger, and a child's Ulster—I have been shown some things by the police, and identify the purse, the overcoat, and the Norwegian knife—I do not identify the coins, but they are like the coins I missed.
Cross-examined by Burt. I should not know the men again, but I have an idea you were one of them—I could not see their faces—I was looking down from the landing, and they did not look up—they were in the passage a few seconds or a minute or two.
PHILIP HENRY WICKSTEAD . I am a Nonconformist minister—on Friday night, October 4th, about 11.45, my wife aroused me, and I at once got up and went downstairs—at the bottom of the kitchen steps I found some person and seized him—I was knocked down, and the man rushed into the breakfast room—I kept my hold of him and was dragged into the breakfast room—the man said something; my impression is that he said "I have got him by the heels"—there was another man oh the kitchen stairs—1 heard my wife calling me, and I then ran upstairs, and the man slipped the bolt of the front door and ran out—on getting upstairs I found I was bleeding from a wound in my stomach—on examining the house I found it had been entered in the way my wife described—I identify the overcoat, knife, and purse, and the coins are such as I brought from Norway, Belgium, and Holland—I cannot identify either of the prisoners, as it was quite dark
Cross-examined by Burt. I identify the coat by the appearance and make—I had it made without lining, as I wanted it light—I have never mistaken another coat for mine.
Shean. Do you mean to say when you caught hold of the man and held him by the wrist you would not know him next week or a week after?
Witness. I did not say I had him by the wrist. I should not know the the man again.
AMBROSE ARNETT (Policeman Y 203). I was on duty in High Street, Camden Town, about a mile from prosecutor's house, about a quarter or half-past 12 on the night of October 4, and saw Burt coming along without a hat—I asked him what was the matter, and he said he had been knocked down and kicked on the head by three men at the Red Cap public-house—upon that statement I let him go.
BENJAMIN BYFORD . I am a cab-driver—on the morning of Saturday, October 5, about 12.30 or 12.45, I was outside the Great Northern Railway, King's Cross, with my hansom—Burt came up to me with no hat on and a handkerchief tied round his head, and asked me to drive him to Commercial Road—I agreed to take him for 2s. 6d.—he said he had met with an accident, and told me to drive sharp—I drove him to the top of Devonshire Street East, and he walked down the street to No. 21—after waiting about 10 minutes he came out and said it was no use my stopping, as he had no money, but if I would call again later that day he would give me an extra shilling—I went on the Sunday, and saw Ann Walker and Mrs. Kennell, who told me to go to 21, Keat Street, Spitalfields—there I saw Burt, who said he would send the amount in postage stamps.
Cross-examined by Burt. You did not tell me you had left my money down at 21, Devonshire Street.
Cross-examined by Ralph. When you left me at the door about half-past 1 on Sunday I said, "I shall summons you"—you said, "It is not required; I will bring it you if you will give me your address"—I said, "You need not come down; you can send it in postage-stamps."
ELIZA KENNELL . I am wife of Frederick Kennell, and live at 21, Devonshire Street East—Ann Walters lodged in my house, and Coaffee used to visit her there—on the morning of October 5th, about 1 o'clock, I was aroused by a knocking at the door, and on opening it found Burt, whom I knew by the name of "Opera," there—he had no hat on, and a handkerchief over his head—he asked for Charley (Coaffee)—I told him Charley was not at home—he said he had run away and left him—he came into the passage and told me had broken into a house at Chalk Farm and killed a man and woman with his knife, which he took out of his pocket—a cabman knocked at the door, and I sent Burt out to speak to him—about a quarter of an hour later there was another knock at the door, and on opening it I saw Coaffee, Burt, and Shean—they went into Ann Walters's room and I followed—Coaffee produced a purse, spoon, and fork, and some postage-stamps, which Shean pulled out of his pocket—Coaffee had a light overcoat on him similar to that (produced)—he also produced some coins—Coaffee offered me the purse; I refused it—that (produced) is the purse—Shean said, "Don't give it to the Missis, lest something should happen, and you want to get her into trouble as well as ourselves"—Charley said, "Oh, no, it is done too far from here; it was done fourteen miles from here"—I said I knew where Chalk Farm was, and it was not fourteen miles—Charley and "Opera" divided the postage-stamps between them—I told them to go out of my place—when Charley drew the spoon from his pocket he said, "Here's a piece of weight; it will fetch 7s. 6d. an ounce"—I saw this dagger (produced) in Charley's possession—the three men went away; Walters remained till next morning—I saw Charley next day wearing the coat—he gave it to Walters to pawn for 8s.
Cross-examined by Burt. I am a married woman—when you first knocked at the door I was in bed—I got up, put my shawl and flannel petticoat over my shoulders, and answered the door—the money you left with me on the Saturday was for the rent and not for the cabman.
ANN WALTERS . I lodge at 21, Devonshire Street East—the prisoner Coaffee had been intimate with me for about five days—I knew Opera and Shean as Coaffee's friends, and that Ralph, who was living at the Red House, was a friend of Opera's—on Friday evening, October 4th, Charley went out—next morning I was aroused by Burt coming into my room—he said he had killed a man and a woman—he asked for Charley, and I said he had not come home—afterwards there was a knock at the door—I heard the cabman was there, and Burt went to speak to him—in ten minutes there was another knock, and the three prisoners came into my bedroom—Charley asked Burt where he went to, and Burt said he came home in a cabCharley said, "Why didn't you stop with us?"—I saw the purse and the knife, spoons, fork, and coins produced by Charley, and Shean produced the postage-stamps—Charley said he had stabbed a man with the knife—Charley and Shean shared the postage-stamps between them—Mrs. Kennell said she would not have them there, and they were turned out—next morning, between 10 and 11, Charley asked me to pawn the coat (produced)—I got 4s. on it—in the afternoon Ralph came to my lodgings, and the purse was given to her by Charley.
Cross-examined by Burt. The postage-stamps were shared between the three of you—you came in before 1 o'clock—I admit that I pawned the coat—I have not been in the habit of pawning things in Ralph's name—I have not said since you have been in trouble that I have paid you for being the cause of taking Charley away—I have not said that I deserve to be in Ralph's place.
Cross-examined by Shean. The postage-stamps were shared between the three of you—as far as I remember I said so at the police-court.
BENJAMIN POOLE . I am manager to Mr. Telfer, 178, St. George's Street—on October 5th, between 12 and 1 o'clock, Ralph brought the coins (produced), and asked me to buy them—some were copper, which I gave her back, and paid her 1l. 3s. 6d. for the rest.
CHARLES CHAPPLE (Policeman S 14). I was on duty at Regent's Park Vilias about 12 o'clock on the night of Oct 5th, and heard an alarm at No. 7—a lady opened the door, and I examined the premises—the drawing-room window had been forced—Mrs. Wickstead picked up this hat (produced) in the basement, and gave it into my charge.
FREDERICK ABBERLINE (Inspector H). On Saturday, 5th October, I received information of this burglary—I made inquiries, and about 4 o'clock on the Monday morning I went with other police officers to the Red House, Lower Keat Street, Spitalfields—in the front room on the top floor I found Burt and Ralph in bed together, Coaffee sitting in a chair, and Shean lying on the ground—Shean became somewhat violent—I told him I should take him in custody for committing a burglary at Regent's Park, and stabbing a gentleman, and Coaffee also for committing a burglary at Islington—on 16th ult. I searched Coaffee, and found four keys, 2d., a metal chain, and a garden knife—Ralph had
then dressed, and I told her to turn out her pockets—she produced the purse, and Burt said "You must be a b——fool"—she said the purse was lying on the mantel-piece, she took it up, Burt told her to put it down, she said she should not, and put it in her pocket—on the mantel-piece I found the live coins (produced) and 22 pawn-tickets, two of which relate to umbrellas, and one to a black bag, which had been shown to Mrs. Welsh, and one to a coat, and another to a part of a butter-knife, identified by Mr. Beardshaw, and one to a hat, spoken to by a gentleman who lodged with Mrs. Welsh.
Cross-examined by Burt. I did not say to any one on the stairs "Come back, or I will shoot you"—I did not meet a man coming downstairs as I was going up.
Cross-examined by Shean. Marriot entered the room before me—you were on the floor in the corner with your head towards the fireplace—as I was entering you sprang up at Marriott, and put yourself in a fighting attitude.
EORGE FOSTER (Police Sergeant). I went with the last witness, and saw Ralph produce the purse—Burt said "You must be a b——fool"—at the police-station Coaffee said to Burt "You had better clear your old woman"—I said it might turn out to be a serious matter; the man might die—I found a green memorandum-book upon Burt
Cross-examined by Burt. When I came into the room I met Coaffee on the stairs, and forced him upstairs again.
WILLIAM FLUICK (Police Sergeant H). I was with the other officers, and took charge of Shean—he said "What bust are we taken for?"—I said "Somewhere near Regent's Park"—he said "Oh, there has been a score of busts done round there"—I went to Ann Street and found the Norwegian knife, and the blade of the broken butter-knife.
Cross-examined by Burt. You were in bed when we came, asleep I believe, and Sergeant Foster woke you—I had a lantern—I did not take the woman out of bed without her clothes—some female brought her some things next day. Cross-examined by Shean. It was on the way to the Commercial Street police-station you said there were a score of busts done. Shean. That is a lie, I told you on the way to Marylebone.
MARY ANN WELSH . I live at 3, Priscillian Road, Upper Lewisham Road—I went to bed about 11.30 on the night of September 20th; the house was then safe—at 7 o'clock next morning I was called by the servants, and found the house had been broken open—I missed two umbrellas, a black bag, and a piece of calico—I had a cousin, Mr. Farmer, living with me—the calico I missed is like that produced, and both umbrellas (produced) are mine.
Cross-examined by Burt. One of the umbrellas is marked with "F, "which is visible when the umbrella is open.
Cross-examined by Ralph. I was working at some of this calico for a month, and from its appearance I believe it to be mine—the same quantity is not here—part of it is gone.
Cross-examined by Burt 1 can swear to the hat, because when I was in Wales I placed a piece of local time-table inside, and it was in it when I was at the police-court.
HENRY CLEVELAND BEARDSHAW . I live at 15, Grove Place, Lewisham—on the morning of September 26th, a few minutes after 7 o'clock, I was called by the servant and found the house had been broken into during the night and some property taken away—I identify the blade of the butter knife (produced), the handle of which was left behind—I now produce the handle—I also identify the coat (produced) which was taken away the same night
Cross-examined by Burt. If that coat was placed between six or seven other coats of the same make and material, I believe I could pick out mine.
Cross-examined by Ralph. I have no recollection if another woman was with you—I do not remember that you came to get a dress out of pawn for 6s.
EMMA FREER . I live at 82, Alexandra Road—on the night of October 1ST my house was broken into, the sideboard contents taken out, and a number of things taken away, amongst them the memorandum book and garden knife (produced).
GUILTY . BURT, COAFFEE, and SHEAN PLEADED GUILTY to previous convictions.— Ten Years' Penal Servitude . RALPH— Eighteen Months' Imprisonment .
NEW COURT.—Saturday, November 23rd, 1878.
Before Mr. Recorder.
MESSRS. STRAIGHT and MEAD Prosecuted; MR. FRITH defended Ross. RICHARD GENTRY (Policeman N 409). On 2nd October; at 11.30, I was on duty on the bridge that crosses the New River, at Canonbury, about 40 or 50 yards from Quadrant Road, and 250 or 300 yards from the Essex Road—the houses in Quadrant Road on one side back on to the houses in Canonbury Street—I saw Foster and Ross pass round the corner—I followed them close to the Essex Road—I crossed over just in front of them—afterwards they crossed in front of me, just on entering the Essex Road they turned their heads to me—I was in uniform when they saw me; they turned back at once—I got into a front garden to watch them—after they had gone a short distance one of them, I can't say which, turned back and came towards where I was—he then turned back to the corner of Quadrant Road j they stood there for about three minutes—I followed them and then lost sight of them—I searched for them in the front gardens, but was unable to find them—from what I saw I took particular observation of their faces—shortly before 2 o'clock in the morning I was standing against the
Marquess Tavern, near Quadrant Road—I saw Ross come up the Quadrant Road; he passed within about 2 feet—about five minutes afterwards I heard some dogs barking in the direction of Quadrant Road—I walked down Quadrant Road, when opposite No. 10 I heard a noise lower down the road—before I got to No. 141 heard some one coming behind me, I turned round and saw Ross; I spoke to him, he turned his face full into mine, and I said "Beg pardon," as if I had made a mistake—I saw Foster leave the side gate of No. 14, and go along the front of the house in the garden on hit hands and knees—I turned my light on him and said "What are you doing there, are you there for a sleep?"—he said "Yes"—I said "You can't stop there, if you are tired there is a coffee stall in the Essex Road, you can go there and sit down"—he then came to the garden gate and undid it; I put my left hand on his collar and said "You must come to the station now with me"—he said "It is all right"—I said "You must come with me"he then with an oath struck me with his left hand about the head and face, seven or eight blows; my helmet was knocked off and the plate broken off—I was struck with some instrument; I felt blood running down my face and the back of my head—I was stunned—I struck him with my truncheon, which broke—I then seized him by the throat and threw him on the ground—he tried to get up and he struck me on the right knee with some instrument; I could not see what it was—I felt faint and called for assistance—constables came up and the prisoner was taken—I was taken to a doctor's—whilst Foster was on the ground he said "Don't, they gave me the tools to hold, and threw the boots at Mr. "
Cross-examined by Foster. I first saw you at half-past 11 in company with Ross—I took particular notice of you—I was within three yards of you, you were under a lamp—I next saw you in the garden and took hold of you.
Cross-examined by MR. FRITH. When I first saw the men I did not recognise their faces, but I followed and did not lose sight of them till I got within three yards of them; they then turned their faces towards me—when I next saw Ross, at a quarter to 2, he passed close by me, and I looked him full in the face—I next saw him at the station in the dock, with Amber—I can swear he is the man.
HENRY LEMON . I live at 14, Quadrant Road—I retired to rest about 11 o'clock on the night of the 2nd October—I saw that the house was safely secured—about 2 in the morning I was aroused by hearing a disturbance in the road, I got out of bed, threw up the window and saw two men struggling on the pavement—I afterwards saw some policemen arrive—I got up, went downstairs, and examined the house—there was nothing disturbed at all inside—I found the back kitchen window had been opened from the outside, and all the fastenings wrenched off—there were marks on the window-sill as if it. had been prised up—I afterwards compared those marks with a jemmy which the police snowed me, and they corresponded, also on the side-door.
Cross-examined by Foster. The house was not entered—the lock was broken off the side-gate in the garden—the marks on the window showed that the jemmy had been put inside—the sash could not have been lifted otherwise—there were shutters to the window and a bar, and there was a dog in the kitchen.
Essex Road—the back of that house adjoins the back of 14, Quadrant Road—when I went to bed at 11.15 on 2nd October, the place was properly shut up, the windows fastened and the doors bolted—I came down at 7.30 and found the kitchen window open wide enough for a man to get through—I missed a pair of boots from the scullery, belonging to my master—these are them—the boots had a tree in them, and I found that tree next morning in the garden—the scullery door had been forced open—they had got in at the scullery window.
JOHN WRIGHT (Policeman NR 50). I was on duty at 10.30 on the night of 2nd October in Marquess Road, Canonbury, and saw the three prisoners there together—they went through Clephane Road into the Essex Road, and turned into Elmore Street, where I lost sight of them—between 1 and 2 in the morning I was in Canonbury Street, and heard cries of "Police!" coming from the Quadrant Road—I went there immediately and opposite No. 14 I saw Foster lying on his back in the road, bleeding from the head—two constables had got there before me—Gentry was staggering on the footway bleeding from the head—I took him to a surgeon's—about 5 o'clock next morning I made a search on the spot, and found this pair of boots in the garden of 14, Quadrant Road under a bush, and in front of the house in the road I found this piece of steel where Foster had been lying, it is used for the purpose of slipping back the catches of windows.
Cross-examined by Foster. When I first saw you, you passed close to me, your clothes nearly touched me—Ross was on the outside next the kerb—I followed you about 30 yards—I had a good look at you—I did not like your appearance, so I had an extra look at all three.
Cross-examined by MR., FRITH. I picked Ross out of 10 or 12 more at the station—no suggestion was made to me—I was called out of bed and told by the inspector to see if I could identify any one.
WILLIAM SMITH . I live at 24, Elmore Street, Islington, which is about a quarter of a mile from the Marquess Tavern—on the night of the 2nd October, about 11 o'clock, I was passing the church of St John the Baptist, at the corner of Elmore Road and Clephane Road, I heard a noise and looked round and saw a man get over the gate from the church porch and another man waiting close by—I saw a third man waiting at the corner of the street under a lamp; that was Amber—I cannot swear to the other two, but to the best of my belief they were Foster and Ross.
Cross-examined by Amber. You were standing with your hands in your pockets for two or three minutes, facing the church about a dozen yards from it—I heard something drop by the church door, not from you, I thought it was a jemmy.
ALFRED MILLS (Policeman NR 37). I saw Gentry and Foster struggling on the ground in Quadrant Road—I took Foster into custody on the spot—I found this jemmy and Gentry's truncheon lying underneath him.
JOHN ROWLAND JAMIESON (Police Inspector N). I was at the Islington Police-station on the morning of October 3rd—Foster was brought there in custody—I was examining a wound on his head, and he said, "I know what I am in for this time; there were two others with me, they had a try at a church, I don't exactly know where it is, but it stands at a corner below the Essex Road; I know they have been in somewhere, for when I was crouching under the bushes where I was cocked (meaning caught), they flung a pair of boots at me, and if you will send down
there you will find them where I put them in a tree"—I found on him a lantern broken in pieces, a wax taper, some silent matches and a knife—on that same morning I examined the lower part of the garden at 239, Essex Road, and noticed distinct marks of persons having passed over the fowl-house to 14, Quadrant Road, in which garden the boots were found. Cross-examined by Foster. You did not give me a description of the two men who were with you—you said that Ross and Amber were not the men. Cross-examined by Amber. When you and Ross were brought in I did not turn round and say "Here is Cook and Saunders."
CHARLES BUDD (Policeman N 203). On 3rd October, at 9 a.m, I took Ross into custody in Upper Street, Islington—a short distance from the police-station I told him he would be charged with burglary—he made no reply.
JAMES AUST (Policeman N 242). On 3rd October, at 9 am., I saw Amber at the corner of Barnsbury Street, about thirty yards from the policestation—I told him he would be charged with burglary; he made no reply; he went quietly to the station.
JOHN ROWLAND JAMIESON (Re-examined). After the prisoners were committed for trial Ross asked me in the cell if I would do him a favour—I said "That depends upon what it is for; if you will tell me what it is I will see"—he said "Do you know that church at the corner of a street where there is a bench; one of those seats in the street?"—I said "Do you mean at the corner of Canonbury Street?"—he said "Yes, I do"—I said "What about it?"—he said "I want you to call the policeman on the beat"—I said "The policeman on the beat is in the case"—he said "Well, a policeman at 1.15 that morning, when Gentry was knocked about, came to me when I was lying on that bench, and asked me what I was doing there, and I ask you to produce him"—I said "I hardly see the force of your request, but I will do so," and that constable is here.
WILLIAM HARRILD (Policeman N 237). On the morning of 3rd October, about 1.15, I was at the corner of Canonbury Street, near a church, and saw Ross standing near a seat there lighting his pipe, a few yards from 239, Essex Road, and not far from Quadrant Road—I asked what he was doing, and he [said he was doing nothing, only getting a light—I asked if he had seen another man there just before—he said "No"—I told him he had better get away—he said he was going home, and he went down the Essex Road towards Quadrant Road.
Foster's Defence. I should like to explain how I came into possession of these tools. About 12.30 I was at the Angel public-house, and met two men, a description of whom I gave to the inspector. They asked if I was out of work. I said "Yes." They said "We will put a job in your way; carry these down to the Essex Road, where there is a seat Be there at 2.30, and if we are not there place them behind the wall and we shall find them" I went, and finding they were not there, I walked along Quadrant Road and met Gentry. He said "What are you doing here?" I said "I have to meet two men. He said "You look cold." I said "Yes, where is there a coffee-stall?" He struck me on the head, and broke his truncheon over my head with a second blow. I said "You cowardly rascal, to hit a man like that behind his back," and I hit him with my fist The jemmy was in my pocket. Another constable came up and knocked me about, and I was
taken to the station. I gave the inspector a description of the two men. These two are not the men. They are innocent I did not commit the burglary. The tools were in a handkerchief, and I did not know what they were till, finding the men did not come, I looked in the handkerchief and found them.
Amber's Defence. I am entirely innocent I was three or four miles away, and was not in the neighbourhood at all at the time the burglary was committed. I was not seen there after 10.30.
FOSTER— GUILTY . The Jury being unable to agree as to Roes and Amber were discharged without giving a verdict as to them. Foster PLEADED GUILTY to wounding the officer Gentry .
The prisoners were again indicted on the following Monday for a burglary in the dwelling-house of Robert George Mumford, when the same evidence was repeated . GUILTY . ROSS and Amber each PLEADED GUILTY to previous convictions, Ross in January, 1876, and Amber in May, 1871. FOSTER— Seven Years' Penal Servitude , ROSS and AMBER— Fourteen years' Penal Servitude each. COURT awarded 51. to Police Constable Gentry for his courageous conduct.
NEW COURT.—Saturday, November 23rd, 1878.
Before Mr. Common Serjeant.
MR. BESLEY Prosecuted; and MR. ST. AUBYN Defended,
JOHN WALTER HAMILTON . I am manager to Messrs. Colls and Sons, builders—they employ about 1,000 men, and are engaged on some buildings in Great Eastern Street, Shoreditch—I employed the prisoner about June—he is fairly skilled in making staircases—his wages were 10l. per hour-the piece-work arrangement was for him to have, I think, 35l. for preparing and fixing stairs—the materials were Colls's—he worked on our pr mises, and had men under him—he engaged workmen subject to the general foreman's supervision—that arrangement was put an end to by his overdrawing—the arrangement was then for him to go on day-work, and finish them as cheaply as he could—he was to draw 10d. an hour for himself, and whatever he paid the men we would pay him—the foreman had said to him, "You have made a pretty mess of this; you have considerably overdrawn; however, you can go on day-work if you like"—he said, "I hope you will let me pay the men as usual, because I think I can get the work done cheaper"—I said "Yes"—it was early in September when piece-work was changed to day-work, and from that time it was usual for Jemmett and Taylor themselves to make the return on the time-sheet, and for Hickey to make his return on his time-sheet—Mr. Devonport vouches the time-sheet at the yard, and Mr. Tripp at Great Eastern Street—Mr. Tripp is foreman at the job; his duty is to write his name on the time-sheet and and return it to our offices—that goes to the principal office at Camberwell, where the pay-sheets are made out in conformity with the time-sheets made out by Tripp, and then I send cash down to pay—from September Jemmett, Taylor, and Hickey were paid four weeks at Great Eastern Street and one at the yard, and vice versa—I know Hickey's writing—I did not know that he was putting in the figure 9 on Jemmett and Taylor's time-sheet—T. 1 is Taylor's time-sheet and J. 1 is Jemmett's—C. H. 1 is the pay-sheet for the week ending 4th October,
to which these time-sheets refer—T. 1 shows 49 hours at 9d., and I find on the pay-sheet Taylor's name for 49 hours and Jemmett's time 47 hours at 9d.; he was paid 1l. 15s. 3d. on two occasions at the yard—T. 2 is Taylor's time-sheet for the week ending 11th October, and J. 2 is Jemmett's—C. H. 2 is the pay-sheet for that week; Taylor is there carried out 47 hours at 9d. per hour; that exactly accords with the time in the rate-book—Jemmett is down in the pay-sheet for 52 1/2 hours at 9d., 1l. 19s. 4 1/2., exactly as represented on the sheet—T. 3 is Taylor's time-sheet and J. 3 is Jemmett's for 18th October, and C. H. 3 is the pay-sheet—I find there that Taylor is carried into the pay sheet 47 hours at 9d., 1l. 15s. 3d., and Jemmett 22 1/2 hours at 9d., 1l. 19s. 4 1/2d.—T. 4 is Taylor's time-sheet for 25th October; M. is the pay-sheet for that week—I find Taylor carried out on the pay-sheet 47 1/2 hours at 9d., 1l. 15s. 7 1/2 d., and Jemmett 52 1/2 hours at 9d., 1l. 15s. 8 1/2 d.—in the week beginning Monday, 28th October, I went to the job every day, and looked for Hickey—I was there on Tuesday afternoon, October 29th, and he was not there, nor was Jemmett or Taylor—I received from McReady, our principal cashier, documents marked A, B, and C—A is Taylor's time-sheet, and on it 8 hours is carried out opposite Tuesday, 29th October, but the 8 has been written over 3 1/2, which by microscopic examination you can see is not entirely obliterated—B is Jemmett's time-sheet, on which 4 1/2 has been altered to 8—on his own time-sheet Hickey has boldly carried out 52 hours a week, when he was not there 12 hours; he charges for 9 1/2 hour son 29th October—I placed myself on the Saturday afternoon at the pay-table at Great Eastern Street—when Hickey came with the two men, I said, "I suppose you have come for your money?"—he said "Yes"—I said "Do you know that I am going to lock you up, and those other two men? "—he said, "Good God, Mr. Hamilton, you would never do that! "—I said, "I shall, indeed, and there is the man in blue "—I had a policeman waiting—I asked Jemmett and Taylor in Hickey's presence what he was paying them—they both said 8d. an hour—I showed Taylor Hickey's bill for 29th October, and said "Is that figure 8 on Tuesday your writing? "—he said that it was not, and that he had only charged 3 1/2 hours—Jemmett said that he had only charged 4 hours—Hickey said that he would take the responsibility from the men—he had no authority to charge a higher rate than he actually paid, and the printed table with the rate on it distinctly shows that he knew he had no right to put his figures on Jemmett's or Taylor's paper.
Cross-examined. I have known him since June, when he came to ask for work—he produced a letter, which purports to come from an architect, but I find it is only from his clerk, Mr. Dudley—I have not heard that the architect was ill—Hickey entered into a verbal contract to do the stairs for 35l.—he was obliged to employ his own men, and to draw money on account from time to time—he had another contract on at the same time for our firm at High Street, Shoreditch—that was for stairs—I do not think there was an agreement in writing at first for that (MR. BESLEY here put in the agreement)—he had the superintendence of the men who fixed the stairs—Tripp had the daily superintendence of them, but the actual work was done by Hickey—this was the only piece-work in the shop—if Hickey had bolted with money which he had drawn on account, I should have considered myself bound to pay Jemmett and Taylor for the credit of the firm—I should never let any work man go without his wages—I should have been bound to pay the men if Hickey had bolted with the money we had advanced, because his contract had
expired—in course of time the stairs wanted alteration; from somebody's blunder they had to be converted from dog-leg to well-hole stairs, which caused expense—the contract of 35l. would not anything like pay for the stairs when they were completed—when that contract was finished and a new arrangement entered into, Hickey was still to pay the men who worked under him—Jemmett and Taylor were not skilled men—Hickey did not ask me to allow him to employ his own men on his own terms and draw their wages and pay them what he liked; he simply requested me to let him pay them—they were under his control subject to the approval of Mr. Devonport—that was the only piece-work in our shop—those were not the only men Hickey had, he had others occasionally—he was looked upon, at his request, as the sub-contractor for that particular department of the stairs—it is not an everyday occurrence in jobs like this for a sub-contractor to employ men, draw money, and charge 1d. or 2d. an hour more than he actually pays them—I know Mr. Moore, he is an architect and surveyor, who has been more than 40 years in the trade—I do not know Mr. Quinn, a builder, or Mr. Pell—if a sub-contractor employs men and pays them 7d. or 8d. an hour, drawing 10d. or 1s. from his employer, it is a fraud—although Hickey took the full responsibility upon himself, he denied making the alteration from 3 1/2 and 4 1/4 to 8—he kept a tally in his book—Jemmett and Taylor returned 3 1/2 and 4 hours, and that was sanctioned by Tripp—if Hickey was not there he could know by applying to Tripp how long the men worked—Tripp was there the whole day—there were 21 men on the premises that week.
Re-examined. This is the paper with reference to the stairs at High Street, Shoreditch: "To preparing and fixing four flights of stairs 18l. Michael Hickey"—that was to do the work, not for the materials—I do not think there is a memorandum for the 35l. job—this is piece work—we did not permit him to devote his time and energies to any other master—he does not keep a shop or carry on any business—I could direct him to go to work where I pleased—I could discharge Jemmett or Taylor; I always reserved the right to discharge any man—I have never heard till to-day of a superior workman charging a fictitious amount with the sanction of his employer for the wages of the men employed—he said nothing to me about being allowed to do so, he was to receive 10d. an hour and we were to pay only the exact amount he paid his men—that was said in words, with a caution that as there had been so much robbery going on, we should prosecute any man who did otherwise—I have never known of papers being falsified with the master's consent, and it would have been quite impossible for him to have done it if Tripp had sent the papers in—I do not know Hickey's writing sufficiently to say that this "9" is his—Tripp has to check the time of every man on the work, going in and coming out—he endorses the documents—we do not require any signature where the word "Yard" is, because there is no foreman at the yard, but on the Great Eastern job, where Tripp was foreman, he signed and he vouches the pay sheets as well there.
CHARLES HAMILTON . I am a Clerk to Colls and Sons—these pay sheets "C. H, 1, 2, and 3," were entrusted to me to pay the money—on 4th October I paid Hickey, at Camberwell, himself and the two men the amount set opposite their names.
GEORGE EDGAR MORGAN . I am a clerk to Colls and Son—this pay sheet "M" is for the Great Eastern job for the week ending 25th October—I paid Hickey for himself and two men at 9d. an hour the amount set opposite their names.
FREDERICK TAYLOR . I am a carpenter—I have been working on the job at Great Eastern Street for some weeks past—Hickey paid me 8d. an hour—I did not know that he was charging 9d.—I did not write the figure "9" on any of these pay sheets T 1 to T 4—the rate per hour was blank when I gave it to Hickey, and I was only paid 8d. per hour for the four weeks ending 25th October—Tuesday, 29th October, was a wet day—we went to work but Hickey had left orders with the office boy that we were not to start, and we waited about losing time till 2 or 3 p.m. expecting him to come, but he never came, so I went to his house, and he told me to go to work on Wednesday morning—I went there but did no work, as he was not there, and we could not start without him—he came too late, it was dinner-time—I have carried out nothing on Wednesday—on this time sheet A I found opposite Tuesday, October 29th, the figure "8"—that is not my figure; it was 3 1/2 hours when it left my hands, and when Tripp signed it in my presence.
Cross-examined. I have had a good deal of experience in the trade, and am a good workman—Hickey engaged me and I looked up to him—he always paid me at 8d. an hour; that is what I agreed with him for—I had never heard of his getting more for my work till the Saturday when he was charged—I told him on the Friday previous that if he did not allow us to do anything but wait for him I would leave—two hours is usually allowed for grinding money when we leave, that is for sharpening our tools—I was on the premises on the Tuesday from 8.30 till 2.30, that is six hours, and he has charged for eight—he did not tell me that if I was going away he would allow me two hours extra for grinding money, but he told me he would allow me eight hours on Tuesday—I only returned my pay sheet for three hours, though I was there six, because when I saw Hickey on the Friday previous he said he could not allow us anything—he said nothing about grinding money, but I was there six hours and he said he would allow me eight
Re-examined. I was not dismissed—the grinding money does not arise till you are leaving—Hickey was my master, he engaged me and he actually put the coins in my hand—I knew the work was for Colls and Son—it was about 4.30 on 1ST November when I said that I would pack up my tools and go if he did not allow me something for the work, and after some discussion he agreed to allow me eight hours—I put 3 1/2 hours because I did not think that Mr. Tripp would sign for more, and I thought Hickey would make good the other.
FREDERICK JEMMETT . I am a carpenter, and have been for some weeks working at Colls' job in Great Eastern Street, Shoreditch—these four papers J 1 to J 4, are my time sheets for the weeks ending 4th, 11th, 18th and 25th October—the spaces where the 9 is were blank when the papers left my hands—I asked Hickey what that column meant; he said, "Oh, never mind that, I will see to the rate myself"—all the rest of the writing is mine except the signature—I was paid 8d. per hour and I did not know that he was receiving 9d.—B is my sheet for the week ending 2nd November; this 9 is not mine, nor is this 8 on 29th October—it was 4 1/2 or 3 1/2 when it left my hands—I did not see Hickey at work on 29th October—I did not exactly work that day, but I was waiting to be paid off—I was stopped by Hickey's message, he had left an order with the office boy on the Monday to stop us on the Tuesday—I went on Tuesday at 8.30, and stopped till about 2.30—Taylor and I had our dinner-hour out—we did nothing on Wednesday—on the Friday I filled up the paper for 3 1/2 or 4 1/2 hours—I had not seen
Mr. Tripp, but he signed it after I had put down 4 1/2—I left the papers with Tripp and did not have them again—I worked the following week all right
JAMES HENRY TRIPP . I was foreman of the job at Great Eastern Street—it was my duty to countersign the time-sheets—A is Taylor's sheet, it is signed by me, and when I signed it the amount opposite 29th October was only 31 hours, and it was totalled up accordingly—B is Jemmett's sheet, and when I signed it there was 4 1/2 opposite 29th October, it was totalled up accordingly—I afterwards let Hickey have them—he did not present his own sheet to me to sign, and I did not know that he was charging for 9 1/2 hours on Tuesday—he came a few hours on the other days, but he was not there at all on the Tuesday—I countersigned pay-sheet M—the payments were made to Hickey at Camberwell for the first three weeks, and at the job on October 25th—because the stairs had been made at Camberwell, and the fixing took place at the job—I did not know that he was charging 9d. an hour instead of 8d., which he was paying.
By the COURT. I signed it on the face; the 9d. on the back has nothing to do with me—I had nothing to do with the back; mine was done and added up before I signed it
Cross-examined. It is sometimes usual to allow men two hours' grinding money when they leave, but I cannot say how often—it may be three or four miles from the yard at Camberwell to Shoreditch—I suppose when he was not at the building he was at the yard—that might account for his absence.
By the JURY. I am responsible for the time which I sign for on the timesheets, but on this day I accepted the statements of Jemmett and Taylor as correct.
JOSEPH MCREADY . I am cashier to Colls and Sons—on Saturday, 2nd November, about 8.45 a.m., Hickey brought me pay-sheets A, B, and C, for the purpose of the time being carried into them at the rate per hour—I called attention to them, and they were handed over to Mr. Hamilton—the money was not down—it was an attempt only to get the money on that day.
The Prisoner recived an excellent character. NOT GUILTY .
There was another indictment against the Prisoner, which was postponed to the next Session.
MR. GEOHEGAN Prosecuted; and MR. FRITH Defended. The Jury being unable to agree after two hours' consultation were discharged .
46. MICHAEL WILTON (23) and JOHN CUSICK (21), Breaking and entering the dwelling-house of John George Piton, and stealing two rings, five coats, and other articles, his property, and other goods of Henry Austin Lee.
MR. GRAIN Prosecuted. ANNIE PITON. My husband is the proprietor of 18, Davies Street, Berkeley Square, and I manage the house—we let two floors to Mr. Lee, which he furnishes—on Sunday afternoon, 13th October, about 4.45, I went out, leaving the house perfectly secure—I came back at 6.30 with my son, and found that I had forgotten my latch-key—I left my son on the step and
went next door for their latch-key, but found it would not answer—Ada Chater came out—I went to see if I could find another key, came back, and found the street door open—my son had then gone—I found that the door had been forced open—I missed two rings from the toproom front, and afterwards found that a jewel-box and other articles were gone from Mr. Lee's rooms—this clock (produced) was in Mr. Lee's sittingroom—I never saw the prisoners till they were in custody—I found a bag of Mr. Lee's in the hall packed with some of his coats.
GEORGE AUGUSTUS PITON . I am 9 years old—I went out with my mother and came back, and she told me to remain on the doorstep—as I was standing there with Ada Chater the door suddenly opened and two men came out—I called "Police!" and they began to run—a policeman went after them—the prisoners are the men.
ADA CHATER . I am servant at 20, Davies Street—I was on the doorstep with the last witness on Sunday evening, when the two prisoners opened the door and came out, and when they got to Probyn's, the chemist's, I shouted "Stop thief!" and they began to run.
GEORGE SHADDOCK (Policeman D 89). I was in Davies Street off duty and in plain clothes—I heard cries of "Stop thief," and saw Wilton running—I pursued him, and heard something drop from him which sounded like a jemmy with a ring—I caught him—he said he was running because the others were running, but he had done nothing—I took him to the station.
Cross-examined by Wilton. I was off duty walking with a young woman—you did not come up to me.
JOHN DOWNING (Policeman C 158). I heard cries and saw the prisoners running away—Wilton turne 1 off on the other side of the road, and Cusick ran down on the right into Little Grosvenor Street; Wilton threw this clock away when I was about three yards from him—I took him in custody, and picked it up almost at the same moment as Shaddock laid hold of him—under the coat he has on now he wore these two coats, which have Mr. Lee's name on them—I found this bag packed up in the house with two coats in it—this jemmy was in the street close by; I compared it with the marks on the door, and they corresponded—I identified Cusick at the House of Detention among others when he was under remand in another case—I am certain the prisoners are the two men.
THOMAS PICKLES (Detective Sergeant). On 23rd October I took Cusick at the House of Detention, where he was in custody—I told him he would be charged with Wilton with breaking and entering 18, Davies Street on the Sunday evening, the 13th—he said "I was not there"—I said "You have been identified as being there with Wilton"—he said "If they say I was there I suppose I can put up with it."
HENRY AUSTIN LEE . I occupy the drawing-room floor at 18, Davies Street, and a friend occupies the floor above—I identify this clock and all these articles—I also missed a jewel-box from my dressing-table, containing a great many articles, which I could not replace under 200l.—it was safe when I went out of town with my wife.
of Bond Street, and asked me to go for a cab for him; as I was going I heard a cry of "Stop thief!" and was stopped.
Cusick's Defence. The house was broken into at 7.30, and at that time I was with a man and his wife at a public-house.
GUILTY . CUSICK was further charged with a conviction at Clerkenwell in August, 1872, to which he PLEADED GUILTY, and ten other convictions were proved against him. Judgment Respited .
OLD COURT.—Monday, November 25th, 1878.
Be/ore Mr. Justice Hawkins.
MESSRS. STRAIGHT and HORACE AVORY Prosecuted; and MESSRS. MONTAGU
WILLIAMS and GILL Defended.
SAMUEL GEORGE BROWN . I am an agent to the London Assurance Corporation, at Shadwell—in June last the male prisoner came and effected an insurance on 236, High Street, Shadwell, and the policy was given to my clerk, Mr. Bunn.
WILLIAM BUNN . I am clerk to Mr. Brown—on 12th August last I handed a policy of insurance on 236, High Street, Shadwell, to the female prisoner at that house, and she paid me 9s., the balance of a premium on an old insurance. (Inspector Smith proved the service of a notice on the prisoner in Newgate to produce the policy.)
SAMUEL GEORGE BROWN (continued). On 3rd June the male prisoner came to my office with an old policy for 300l., and said he wanted to increase the insurance to 500l., and to alter the address to 236, High Street—he wanted 300l. to be on the furniture, 120l. on business fixtures, utensils, and stock-in-trade, and 80l. on seamen's chests—those terms were carried out; I sent the form to the head office, and the policy, No. 480705, came down. duly executed, and was issued—it was dated 3rd June, 1878—it was in force on 28th September last
Cross-examined. I saw the prisoner with regard to the first insurance on Lady Day, 1877—I did not go and see the premises—he came in June with the intent of increasing the insurance—I did not suggest to him to increaseit to the full amount; I might have suggested whether it was enough; therewas something of a suggestion; I would not swear I did not suggest it; I have no recollection of doing so—I generally give persons to understand that if a fire occurs nothing more can be claimed than is actually burnt
EDWARD CROSS . I am a surveyor employed by the London Assurance Corporation—in 1877 I was employed to survey a coffee and lodging-house occupied by the prisoner at 22, Upper East Smithfield; the proposed insurance was 300l.—I reported favourably to that extent—on 1st July this year I was instructed to inspect the premises, 236, High Street, Shadwell, a lodging-house in the prisoner's occupation—I was aware that the proposal was for 500l.—I had the particulars—the place was fairly furnished—I reported favourably.
Cross-examined. Both the houses I saw were of a similar class—there were six or eight rooms in the second house—I only went into the rooms on the ground and first floors—the bed-rooms were filled up with beds for
sailors; there were several beds in one room, and one I believe in a small room—they were not beds on the floor.
MINNIE MULLER . I live at Wolseley Street, Mile End—the female prisoner is my aunt—I know 236, High Street, Shadwell; it is a good 20 minutes' walk from my house—on the night of 27th September the prisoners came to my place about 9.30—I was very ill with a fever, and my aunt said she would remain with me for the night; she did so—when I went to bed at 11 she was in the front parlour; I put a small mattress in the room for her—the male prisoner had gone away again directly after he came; he had not returned when I went to bed; there was nobody but us two—I locked my bedroom door; but the street door had no lock at that time; anybody could come in—I only occupy the two parlours; I slept in the back parlour—I got up next morning at 7 o'clock and went into the front parlour, and my uncle was standing there near the window—he was dressed—my aunt was there also—she went out soon after 7; he stayed a little while; I don't know at what time he left—I believe my aunt said that she was going home; he did not come back all day; he returned in the evening, and was then taken into custody.
Cross-examined. I had been ill for a long time before this; I was getting better then—my aunt came backwards and forwards to see me—she came to see me on the Thursday afternoon before this, and she then said if she had not much to do she would come and stay with me for a night, and I said I should be very glad—my room does not open into the other; you have to go out into the passage and then into the other room—I think my aunt was preparing to go to bed when I left her—I went to sleep as soon as I got to bed, and slept until morning—I could not hear my uncle and aunt speaking in the next room in the morning; you could not hear anything—my aunt came back that morning after she went out, and told my uncle that a gentleman wanted to see him—he said he could not go home just then; he had to look after two Mulatto sailors—when he left I think he said he said he was going to the docks to look after them.
Re-examined. When my aunt came back in the morning she did not say anything about a fire having taken place—she went out at 7 o'clock and returned before my uncle left; I think she had been away about an hour and a half—I. first heard of the fire after my uncle was taken—he went out directly after she returned; I can't say which went out first—she remained till the afternoon, and when she went out I saw no more of her—she was gone when he returned in the evening.
By the COURT. I did not say before the Magistrate "When I got up at 7 o'clock the male prisoner was in my parlour, and his wife asked him to go home;" that is a mistake; it was after she returned—when she came on the Friday evening she said "I have come to stay with you to-night"—she had never slept in my house before—I had been ill ever since I came back from Holland, which was about four weeks—my husband had been taken to the hospital a week before this Thursday, and I felt very lonesome, and my aunt brought me something now and then, and she said if she could manage and had not much to do she would stay with me for a night—she did not say what night
HENRY BAYLEY . I keep a beershop, at 235, High Street, Shadwell, next door to Ehmes; he had been residing there between five and six months—during that time I had not known him as having any servant there—I saw
him early on Friday evening, 27th September, about 6.30 or 7 o'clock; his wife was with him—we had no conversation then—about 11 o'clock he came in again alone—he remained about 20 minutes; he had a pint of ale and was talking, but nothing that attracted my attention—he left—I was out when the fire happened; I arrived shortly after, about 1.15; the engine and escape were then there.
Cross-examined. He used to come in for his supper beer of an evening, mostly about 10 o'clock—at times he would come in afterwards and have a glass—there was nothing unusual in his coming on this particular night at that time—there were other persons in the bar, neighbours that he knew—he did not take any supper beer away with him that night; he was talking of business matters—I gave evidence about this on the following Monday—he did not say where he was going when he left; he did not say he was going for his wife—the rent of his house would be about 36l. a year; it was a seaman's lodging-house; that is rather a rough sort of business—I do not remember a disturbance taking place there two or three days before; I do not remember two Mulattos threatening him in the street, or any sailors making a disturbance in front of his house—I never heard of anything of the kind—I did not say anything before the Magistrate about a dispute with a sailor—he turned a sailor out four or five days before, but there was no bother; I heard of it afterwards, I was not present—when I got home on the night in question there was a crowd in the street eight or nine doors from the house—I did not see any sailors about that night; I did not remain outside; I went indoors and got my wife up.
Re-examined. The sailor he turned out was a man I have known for 12 years, who had been in the habit of using my house—he was a coloured man, an American; he had been lodging with the prisoner.
JAMES EYRE . I am a labourer at New Dundee Wharf, Wapping—I know Ehmes—about 5 o'clock on Wednesday morning, 25th September, I saw a one-horse van at his door and some boxes being removed towards the van, and there was one in the van; I saw the prisoner with one; there were two chairs standing by the door just outside the house—there was another man there—I could not say who he was; they were the only two persons—on Saturday morning, 28th September, I saw him again between 5 and 6 o'clock, just outside my door, which was five doors off his, on the opposite of the way—he was walking rather sharp past my door, he had not passed his own door—I could not say whether he saw me.
Cross-examined. Inspector Smith came to me about this—I walked past the van on the 25th, I saw no name on it, it seemed to be a light van, and a private one; if there was a name on it it must have been very small, it was very dark at the time—I was not surprised to see the prisoner out at that time in the morning, there are plenty of vans about taking sailors away—I had never seen him out before at 5 o'clock—I saw the fire on the morning of the 28th from my window—I did not come down—when I saw the prisoner next morning I knew that the fire had been at his house—I never spoke to him in my life; I have often seen him—I said at the police-court "He looked at me and shunned me; he looked towards his shop, as if he did not want to see me"—I did not notice any one else in the street
ROBERT SMITH (Police Inspector). On Saturday morning, 28th September, about half-past one, I heard an alarm of fire from 236, High Street, Shadwell—I saw smoke coming from the door and the shop window on the
ground floor—this house consists of seven rooms with the kitchen—on the ground floor, level with the street, there is a shop and front, which you go right through into a small parlour and a kitchen behind—on the first floor there are two rooms, a front and a back, and the same on the second floor—there is a cupboard on the ground floor under the staircase—the firemen came and put out the fire—it was confined to the shop and back parlour—they were burnt out—the partition leading to the staircase had been burnt through—I went in through the street door, the fire-escape man and two others had burst it open—I examined the lock, it was a common street-door lock, any person going out could close it with a bang, and then it would be fast—I first examined the first floor front room, which was about 12 feet by 16—the back rooms are very small, perhaps 12 by 16 long narrow rooms—in the first floor front I saw this half-bushel wicker basket on the floor in the centre of the room, it had a small piece of candle about an inch and a half long, and it was alight with a piece of greased paper round it; there were also in the basket a number of small pieces of firewood saturated with grease and oil; from the top of the basket there were four trains of rags saturated with grease and paraffin; the first laid at the bedstead, which was a wooden one, and that was thickly varnished with fresh varnish; on the back and front the varnish was wet, if you put your finger on it would leave an impression; in some places it is a quarter of an inch thick, as if it had been thrown on and run down in great lumps—on the mattress there was a quantity of grease and tow soaked with something, I don't know what—No. 2 train laid at a long table, the bottom of which was daubed with fresh varnish, and on the table was a night-gown covered with grease, hanging immediately over the lighted candle—No. 3 train laid at a sofa, which was covered with varnish, and No. 4 laid at a seaman's bed on the floor, close to which was a seaman's chest, covered with paraffin and grease; the bed itself was full of straw and shavings—there was nothing unusual in that, it was an ordinary seaman's bed; there was another train leading from the bottom of the other train to the basket, it did not touch the basket—I then proceeded to the back room first floor, I there found this cheese-box full of old rags; in the middle of the box there was a piece of candle, wood, and greased paper, two empty match boxes and one full one—the candle was not alight, it was standing up wrapped in thick brown paper—from the cheese-box there was a train of greased rags leading to a box of rags and another train of greased rags leading to the bedstead—on the back of the bedstead there was some greased paper hanging down to the wooden box of rags, the quilt was saturated with paraffin, and there was some oil-cloth on the floor saturated with paraffin—the quilt was drawn through the bottom of the bed and hung over the wooden cheese-box—I made this inspection about 2 o'clock in the morning; after the fire was out—just by the side of the box the ceiling had burnt through, the firemen had broken away the boards and smoke had come through the flooring close to the box—about 7 o'clock in the morning I resumed my examination, and in the cupboard at the foot of the stairs I found this cheese-box similar to the other—there was a piece of candle in the centre of that tied up in paper, but not alight, and there was aquantity of paper and wood saturated with grease and paraffin; a piece of paper was hanging out of it near some wood leading towards the door—from the top of the cupboard two oilskin jackets were hanging, saturated with paraffin; one of them was tied down close to the top of the cheese-box;
on a shelf in the cupboard there was another candle lied up in paper saturated with oil, and surrounded with small pieces of wood and greasy paper—the other oilskins Were hanging over that candle and close to it—on the cupboard floor there was wood mixed up with coke—in the back kitchen I found some varnish and paraffin in two common glass bottles—there was about half a pint in one and a pint and a half in the other—as far as I could judge the fire had originated in the parlour—I could not say whereabouts, because the parlour was burnt out—after the debris was turned over we found some pieces of wood resembling cheese-boxes—I remained at the house till half past seven o'clock; at that time the female prisoner came to the door—I asked her if she lived there—she said "Yes"—I said, "Have you been at home to-night?"—she said, "No, I left last night at 9 o'clock with my husband"—I said, "Your house has been on fire to-night"—she said, "Oh, has it? Let me go in"—she then went in, and I followed her to the back kitchen—she said, "Have the upstair rooms been burnt as well?"—I said, "Yes, but you cannot go up"—she said, "I must go up; I have got a quantity of things there"—the salvage man said to her, "You cannot got up"—she then put her hand in her pocket, pulled out her purse, and emptied the contents, about 8l. or 10l. in gold and silver, on to the table, and said, "If you will allow me to go up, you can have that"—I said, "You may put it back in your purse; you cannot go up"—I then said, "Where is your husband?"—she said, "He left last night with me at 9 o'clock, but he came back at 11 to look after the dog, and I have not seen him since"—I said, "Where is he?"—she said, "He has gone to Harry Box at the West End"—I said, "Do you know the street or number?"—she said, "No, but I could show you"—I said, "I will go with you, as I want to know whether he is insured or not"—she then said, "I cannot go; I don't know the place; but if you will allow me, I will fetch my husband within an hour"—she then left the house; I followed her—she commenced to run, and I lost sight of her; that was near upon 8 o'clock—about 2.30 in the afternoon she came back; I then gave her into custody, and she was then taken to the station—I there asked her where her husband was—she said, "I have not seen him; he has gone to the Docks to look after two mulatto men"—I asked her what office she was insured in—she said, "My cousin wrote it down on a piece of paper"—she took her purse from her pocket, and offered me a two-shilling piece; she shoved it into my hand, and said, "Take this"—I laid it down on the window-ledge—she then took a piece of paper from her pocket; I have not got it, it has been mislaid somewhere—it had on, "Mrs. Milller, No. 3, Wolsley Street, Commercial Road"—I read it, and she said, "That is not the piece; give it me back"—she then gave me this other piece of paper, upon which is written "Mr. Samuel George Brown, 97, High Street, Shad well, agent for the London Fire Insurance"—I told her I should detain her—she said, "I will go to the Victoria Docks with you and show you my husband"—we left the station for that purpose and went to the Shad well railway station; when we got there she said she could not find him, and she would not go in, and I took her back to the station—a little after 3 that day I went to 3, Wolsley Street with the piece of paper I had got, and I waited there till 7.30, when the male prisoner came and knocked at the shutters and went in—I followed him—I said "Is your name Julius Ehmes?"—he said "Yes"—I then said "lama police officer, and shall take you in custody for being concerned with your wife in setting fire to your dwelling-house"—he said "You will have to
prove that"—on the way to the station I said "Your wife tells me that you left your house with her last night at 9 o'clock"—he replied, "Yes, that is sot but I was in Mr. Bailey's beerhouse at 20 minutes to 12 having a glass of ale"—I said "Where did you go then"—he said "I walked the streets"—I said "What, all night? "—he said "No, I went to the house you have just brought me from"—I said "Have you seen your wife since 9 o'clock last night? "—he said "Yes, she slept on a mattress and I slept on a chair"—I said "Have you seen her this morning? "—he said "Yes, she got up at 7 this morning, had some coffee, and went to look at the house"—I said "Have you seen her since? "—he said "Yes, I remained there until she returned"—I said "Did she tell you anything when she returned? "—he said "Yes, she told me that the house had been burnt, and that the fireman wanted to see me"—I said "What did you say to that? "—he said "I shan't go; I want to go to the Docks to look after these two men"—the prisoners were then both charged with setting fire to their dwelling-house—the woman said "I don't want money; I have got plenty; I should never do such a thing to gain money"—the man made the same observation as before, "You will have to prove that"—when I first entered the house I saw a dog alive in the first-floor front room—I also saw a dead dog in the back parlour with its legs burnt off.
By the COURT. I could not say in which room the prisoners slept, unless it was the front room; the best bedstead was there; there was no bedding or bed-clothes, only a mattress and palliasse—there were four small beds for seamen upstairs ready to be occupied, but they had not been occupied—I have known the house for years, but did not know the prisoners; it was in my beat; it appeared to be a lodging-house carried on for sailors; there were no alterations in the outside of the house down to the 27th.
Cross-examined. The upstairs rooms were furnished with the usual class of furniture that I should expect in such a house—the downstairs rooms were I burnt out—the fire had extended to the shop, but the partition was only charred—there were no goods in the shop—I had been past the house an hour previously, and saw nothing then—I had frequently passed the house before—I never saw any goods being removed from it—the door had not been opened before I arrived—it was forced open while I was there by three men—there were several persons in the street when I came up—I didn't notice any sailors in particular—there were persons on the opposite side who had been aroused by the alarm of fire—no two sailors were pointed out to me—the fire-escape man went first into the house—the fire was extinguished before I was called—I could not say how long the fire had been burning, perhaps half an hour—I remained there all night with another officer and the salvage man—there was nothing from the outside to show that the house had been burnt—Wolsley Street is the best part of a mile from there—when the female prisoner came in the morning she did not knock at the door—I was at the door outside, in uniform—I don't think she was excited when I told her the place had been burnt, she only said "Oh, has it? "—after she had run away, I was surprised to find her come back again—she did not tell me that she had stopped at her niece's that night—she is a foreignershe speaks English fluently—the male prisoner did not say on the way to the station "I don't know who could have done it"—he said nothing about a row—I understood everything that he said.
MRS. MULLER (Re-examined). When the female prisoner came on the
night of the 27th at 9.30, she said she had come to stop that night; the male prisoner was with her then, and heard her say so—it was after that that he went out—I did not notice that he said where he was going, or what he was going to do—I did not write any paper for her that night—I never put my hand to anything—she has not got a cousin—I don't think she has any relations here except me.
GEORGE HART (Policeman KR 9). At 10 minutes past 1 on the morning of the 28th Sept I saw smoke coming from 236, High Street—I raised an alarm and sent to the fire-escape and to the fire brigade stations, and also to our station—I could not say where the smoke was coming from, the wind lay in a different direction, it came from the back of the premises—I could not discover where the fire was at the time, I afterwards saw it coming out of the window—I did not notice any one in the street in particular—I did not notice two sailors close to the premises, there were a great many people there after I sprang my rattle, not before.
Cross-examined. There were people passing to and fro at a quarter to I—it is a public street, it is commonly called Katcliff Highway—I had passed the house about 10 minutes before, I noticed nothing then—I should think the door was locked by the force we had to use, I did not examine it
GEORGE HOTSTONE (Fireman 272). On the night of 27th I was in charge of the fire-escape—between 15 and 20 minutes past 1 I was called to High Street—I went with the escape to 236—I pitched the escape against the house and entered by the second-floor window—there was no one there; the fire was burning below—I then went to the first floor, I found no one there; I noticed the basket in the middle of the front room and the candle burning in it, and the linen hanging down from the table immediately over the blaze of the candle; it had just caught—I squeezed it out with my hand—smoke was coming from the ground floor—the engine arrived shortly after—I came out again down the escape and assisted to break open the street-door—it was well secured, but in what way I could not tell; I don't think there was any handle outside, I think it must have been fastened in two ways, because it gave at the bottom before it went at the top.
Cross-examined. I have said that it was bolted or locked, it was fastened in some way—I imagine that the candle had been lighted some time before I saw it—I could not say how long; the linen was burnt very slightly—my fire-escape is about a quarter of a mile from the house.
By the COURT. I afterwards saw the basket or cheese-box in the back room first floor, the candle in that was out; the smoke coming through there would be sure to extinguish it
ROBERT STYLES . I am the officer in charge of the fire brigade station, Commercial Road East—I arrived at this fire about 1.40—the fire, which was on the ground floor, was being extinguished by the use of a hydrant—I went up the ladder into the first-floor front room, the smoke was very dense when I first got in—after a little time, on removing one of the chairs, I perceived a candle burning in the basket—about six chairs were placed close together in a half circle round the room, with a quilt placed over them, which would screen the light from the window—I saw the basket in the front room with the candle in it alight—I called the attention of my superiors to it, and it was then handed over to Smith.
this fire occurred—I saw the debris in the back parlour turned over—I found amongst it three or four tops and ends of cheese-boxes, like these, burnt down to the ground—I should think they must have been burning 15 or 20 ninutes—I found among the debris a small portion of a chest of drawers, the remains of a table, some old books, some wearing apparel, burnt, and a paraffin lamp—I made this list of the things the day after the fire—there are things in the second-floor back, first floor front, shop, and back parlour—I know this class of lodging-house—I have been in them frequently—we have had fires in many—this was not the class of furniture I should expect to see in such a place, I should expect to find better things.
EDWARD ERNEST HARDING . I am a surveyor, of 16, St. Paul's Church-yard—on 9th October last I surveyed these premises, 236, High Street, Shadwell—I took an inventory of all the articles then in the house—I should say had they been burnt, and the company had to pay for them, if the assured received 20l. he would be well paid—I should say the articles burnt might be worth 5l.—25l. would cover everything.
Cross-examined. I surveyed the premises for the insurance company—I am not sent to look at a place when there is a proposed insurance—I have had experience in looking over houses of this class and business—this was about the same class of furniture I have seen before, of the commonest description.
ROBERT SMITH (Re-examined). Apart from the lodging-house, the prisoner carried on a sailors' outfitting shop—I afterwards examined the front door; there were fastenings inside, but they were not interrupted at all—the bolt was shot out and the lock burst off—I saw no bolt at the top forced away as far as I could judge, only one fastening had been forced open—the back door was shut to, and a large board which the prisoner used to iron things on was set up against the dresser, and held the door fast inside—there were bolts to that door, but they were no good—any one could have set fire to the premises and gone out at the front door, shutting it after them—I observed nothing inconsistent with that—no stock was found in the shop—there were only two parts of old broken chairs in the shop—there was no stock-intrade—I have often passed the shop; "Boarding-house keeper and outfitter"was painted on the window—I cannot say of my own knowledge that he had been carrying on that business.
JOHN EHMES— GUILTY .— Twelve Years' Penal Servitude . WILHELMINA EHMES— NOT GUILTY .
NEW COURT.—Monday, November 25th, 1878.
Before Mr. Recorder.
MESSRS. MEAD and PURCELL Prosecuted; and MR. MONTAGU WILLIAMS
( The Jury being unable to agree, after three hours' consultation, were. discharged, and the Trial was postponed to the next Session .)
For the case of Foster, Ross, and Amber, see page 65.
THIRD COURT.—Monday, November 25th, 1878
Before Mr. Common Serjeant.
MR. GBOGHEGAN Prosecuted; MR. DAVIS Defended. THOMAS CHARLES BIRD. I lire 16, Ashdown Street, Haverstock Hill, and am a clerk at the North Western Railway—on the evening of 1ST November I was at the Westminster Aquarium and left at 11 o'clock, and went to supper at a public-house at the corner of Bridge Street and King Street—at about 12 o'clock I walked slowly towards Leicester Square—my watch was in my waistcoat pocket—it had a black guard—I saw seven or eight people talking outside the Alhambra, I went up to within about three feet to listen, when the prisoner struck me in my stomach and I fell on my back—I had not said a word to him—I got up and found my coat unbuttoned and my watch gone—I found a policeman standing there, and he took the prisoner—just before that I took hold of a woman, and said, "I think you have got my watch"—she commenced to cry and said she knew nothing about it, and I did not charge her—the prisoner was standing close by and no doubt heard this—she was one of those outside the Alhambra talking—I am not aware that the prisoner made any answer when I charged him—a cabman named Hurst came up about the same time as the policeman—I had had four or five glasses during the evening—my watch was safe before I came into Leicester Square.
Cross-examined. I should have told you if I had not been sober—I left home between 7 and 8 in the evening—I dined between 1 and 2 and was at work all the afternoon—I got to the Aquarium between 8 and 9—I met with two friends—the sisters of one of them keep a stall there, those were the only ladies I spoke to—I had about two glasses of ale, and left when the place closed—one of my friends supped with me—I had two or three glasses of ale with my supper—we had it in the bar—we sat and had a smoke after—I had nothing to drink between there and Leicester Square—I did not speak to anybody in Parliament Street—I was going to walk part of the way and then have a cab—I looked at my watch in Parliament Street, it was then about 12.30—it was a gold watch with a white face, and a vulcanite chain to hook in the button—I am certain I went through St. Martin's Court—I did not wish to go through Seven Dials-—I am under the impression that I was walking in the direction of the crowd—I did not go into Leicester Square to look for a woman—I lost no money—the policeman was standing close by when the altercation took place—the prisoner was not smoking—he was standing with his face towards me—I did not run against him—I did not notice him quarrelling or with speaking to the others—he had a walking-stick—he did not strike me with that, "but with his fist in the pit of the stomach—I did not see the stick used—the blow gave me a sudden shock—I don't know that I was stunned—I don't think my coat was unbuttoned while I was on the ground, but immediately before---
I did not see any one else do it—I did not see any of the women come near me while I was on the ground—I fell with my head towards the Alhambra and away from the crowd—one of the witnesses picked my cap up—I was excited—I wish I had given the woman in charge—she wag the next nearest to me—it is difficult to give people in charge without you are sure—I am sure the prisoner knocked me down, but I am not sure that he took my watch—I am sure the watch was not gone before—it was a cold night rather, and I had only one coat on and I kept it buttoned—the prisoner did not run away—he went quietly with the policeman. Re-examined. No one pushed against me that I remember—I buttoned my coat after looking at my watch, and it was so when I came into Leicester Square—I came in at the corner of Leicester Square—I don't know the names of the streets in that neighbourhood—I went down a turning very near Trafalgar Square—I thought it was St Martin's Court.
JOHN HURST . I am a cabdriver, of 22, Little Guildford Street—on the morning of 2nd November I was in Leicester Square on my cab against the kerb, when I saw a disturbance about two doors from the Alhambra—there were about four men and four women, and the prisoner amongst them—I saw the prisoner speak to a stoutish woman—I did not see a pipe in the prisoner's mouth—I saw him hit the prosecutor with his fist in the stomach and knock him backwards—the prosecutor had done nothing to him—I jumped off my cab, I picked his hat up, and saw another man come to do so, but I was first, and he and the others ran away—a constable came up and the prosecutor ran after the stout woman and got hold of her, and said "I think you have got my watch"—that was the stout woman to whom the prisoner had been speaking—she began to scream and said that she had not seen it, and he let go of her and came back—the constable had got the prisoner, and the prosecutor gave him in charge.
Crow-examined. At the police-court I did not say anything about the female speaking to the prisoner—I didn't know it was anything—I have not talked to anybody about the matter since—they never asked me the question—my cab was two doors from the entrance to the Alhambra—the crowd was in front of me—I had not been out for a fortnight or three weeks—the females were third-class we will say—they looked like women of the town—there were one or two other men besides the prisoner—I saw a stick in his hand—no pipe—I fancy he put the stick in his left hand and hit the prosecutor with his right—the prosecutor was standing behind—I swear he did not strike the prisoner—I saw him all the time he was there—I did not see the prosecutor speak to any one—I was perfectly sober—the prosecutor was excited by the blow, but not with liquor that I saw—I don't think the prisoner was the worse for drink.
Re-examined. I saw the whole thing clearly.
HENRY MILSON (Policeman C 215). I was on duty at the time and place in question, and saw the altercation two doors on the south side of the Alhambra—there were about four men and four women—I saw the prosecutor standing there and also the prisoner, who struck the prosecutor somewhere about the chest—I came up and caught hold of the prisoner—I was in uniform—the others dispersed quickly—the prosecutor caught hold of a stoutish woman close by—he then came back and said "I will charge the prisoner"—I took him into custody for knocking the prosecutor down at first, and he then gave him into charge for stealing his watch—he said he was innocent and I took him to the station.
Cross-examined. On the way to the station the prisoner said that the prosecutor had cut his lip—I could not see that it was bleeding—he had a thick stick in his hand—it is not uncommon for a crowd to assemble there, that time of night—the prisoner did not run away—I did not get hold of the woman—I found no watch on the prisoner—I found about 13 1/2d. in bronze—I searched the neighbourhood for the watch in vain, and it has not yet been found—I should say the prosecutor had had two or three glasses, but he was not drunk—I should not like to say.
Re-examined. Inspector Shepherd took the charge—he is not here—I was there—the prisoner did not call any one's attention to his lip—I saw no pipe.
GUILTY .— Six Months' Imprisonment .
Before Mr. Justice Hawkins.
MESSRS. POLAND and STRAIGHT Prosecuted; and MESSRS. MONTAGU WILLIAMS and AUSTIN METCALFE Defended.
EDWARD ROBINSON (Policeman R 202). On Thursday morning, 10th November, about 2 o'clock, I was on duty in the Avenue leading from St John's Park to Blackheath—that is at the rear of No. 2, St John's Park, the house of Mr. Burness—in passing that house I noticed the flickering of a light in the drawing-room at the back of the house; I watched it for some little time, and then went in search of another constable; I found Girling; he accompanied me back, and we both made observation of the drawing-room; we noticed the light more from the drawing-room into several other parts of the house—I was then assisted by Girling on to the garden wall; Sergeant Brown then came up, and he helped Girling on to the wall, and went round to the front of the house and rang the bell; immediately upon that the light I had noticed was extinguished, and the prisoner came out from the drawing-room window, which opens on to the lawn of the garden; Girling then jumped off the wall into the avenue, and I jumped into the garden—I was in uniform—in my jumping down I broke some glass, which made a noise—I then saw the prisoner run towards the bottom of the garden; I immediately followed him—as I was following him he turned round and pointed a revolver at my head—I was then about 6 yards from him—it was a moonlight night; I could see the revolver—he said, "Keep back, keep off, or by God I will shoot you"—I said, "You had better not"—he immediately fired three chambers of the revolver at my head, two of the shots passing to the left of my head and the third over my head; I heard the shots whistling past my head—I then made a rush at him, and he fired a fourth shot at me, passing to the right of my head; he aimed at me—I then closed with him, and struck him in the fare with my left hand, and with my right I guarded my head; the prisoner then said, "You b——, I will settle you this time, "and immediately fired a fifth shot, which I received through the right arm above the elbow—I closed with him again, and threw him down—whilst we were on the ground he said, "You b——, will give you something else, "and he placed his left hand towards his
pocket—I then doubled his right arm up, and got hold of the revolver and struck him on the head with it—the revolver was strapped round his wrist; I doubled his arm up with the revolver in his hand, and struck him several blows on the head with the revolver and with his own fist too—I turned him over face downwards, and held him with my knee and left hand till Sergeant Brown came; he stood by until Girling came up—I then began to feel weak from loss of blood, and I handed the prisoner over to Girling—I. had this greaf-coat on (produced)—there is the mark where the shots went through; one shot made the two holes.
Cross-examined. I was 6 yards from him when he turned; I got closer to him, I ran towards him—before he fired the first shot I was about 2 yards off him—I had not my truncheon drawn at the time—he fired the three shots in succession when I was within 2 yards of him, threatening me in the same way that he did afterwards, when he hit me—the shots went close to me—after the three shots had been fired I made a dash at him and struck him—I struck him very hard—the fourth shot came almost immediately after that—the subsequent wound was in the arm with which I guarded my head; I had it up in that position when the fifth shot was fired—I did not move my arm before the last shot was fired; I kept it in that position; at the same time he struck me in the face and fired at me—I did not hear the prisoner say after the struggle, "I only did it to frighten him. '"
Re-examined. I believed that there was a burglary committed in Mr. Burness's house.
CHARLES BROWN (Police-Sergeant R 32). On this morning I was with Robinson and Girling at the back of No. 2, St. John's Park—I told them to guard the rear, and I went round to the front, and knocked and rang several times—shortly afterwards I heard some shots fired; they appeared to come from the back of the house—I also heard a cry for assistance—I immediately ran round to the back of the house, got over the wall, and there found that Robinson had been shot—he was lying above the prisoner, who had this six-chamber revolver in his hand; his elbow was resting on the walk, and the revolver was pointing at me as I came up—it was strapped round his right wrist—I at once went to Robinson's assistance—after striking the prisoner on the hand with my truncheon I got the revolver from him—I struck him on the right arm because I could not get the revolver out of his hand—I held him till Girling came—he was then secured, and I searched the place to see if there was any other man—I found no one else—I found on the prisoner a silver pocket-flask, a banker's cheque-book, and a letter-case, which have been identified by Mr. Burness—I also found this small crowbar in his left-hand trousers pocket—I went into the house and found the dining-room window open, and on the table some of the plate, a crumb-scoop, a sugar-basin and spoon, and a decanter stand, ready for removal—it was not packed; he had been disturbed apparently—I took a gold ring from his hand at the station; that has not been identified.
Cross-examined. I could not state how many shots were fired—I could hear several—six cartridges were drawn from the revolver at the station—the six chambers were all empty; every chamber had been discharged—Robinson was lying atop of the prisoner when I saw him first—no shots were discharged after that; how many had been previously discharged I don't know—I did not hear the prisoner say "I only meant to frighten him"—I was there before Girling.
Re-examined. All the chambers had been recently discharged-—I examined them at the station.
WILLIAM GIRLING (Policeman R 264). I was with Robinson on the top of the wall—I saw the prisoner come from the drawing-room window on to the lawn—I jumped from the wall into the avenue, and ran down to the bottom—I heard the revolver fired five times within a minute—I ran back and got over the wall into the garden, and found Robinson struggling with the prisoner—the prisoner was on his face, and Robinson was on the top of him—he said "I am shot through the arm, Girling"—I got hold of the prisoner, and said, "I have got him all right; you had better go to the station and have your arm dressed"—the prisoner said, "I only did it to frighten him, so as I could get away"—I searched the prisoner in the garden and took from him several housebreaking implements, which are produced, an auger, a centre-bit, a little hand-vice, two knives, a gimlet, three screws, and several other things; I found them in his pockets behind; they were handed to the inspector—after I had taken hold of the prisoner he attempted to get away, and I hit him with my staff—he was then taken to the station.
Cross-examined. All he said was"I did it to frighten him to as to get away."
JOHN BODY (Police Inspector R). After the prisoner was taken into custody I went and examined the premises—I found marks of the jemmy at the back dining-room window; it appeared as if it had been forced, the catch had been sprung and the window forced up—there was a hole in the dining-room door, about 5 inches square, large enough for a man's hand to be put through and undo it on the other side—in the library a desk had been forced and some drawers of a cheffonier—I entered the charge against the prisoner at the station, it was for burglariously breaking and entering the dwelling-house of 2, St John's Park, Blackheath, and shooting Constable Robinson with a revolver, with intent to murder him—he made no answer to the charge—I asked his name and address—he replied "Find out"—I received a bullet from Mr. Burness the following day.
SARAH SELINA COOPER . I am a servant at No. 2, St John's Park—on the night of 9th October, when I went to bed at 10 o'clock, the house was all safe; the doors and windows were all fastened—I was aroused in the morning—when I was cleaning out the dining-room I found a bullet on the hearthrug, and there was a hole in the centre of the window about that same size as the bullet—I gave it to the housemaid.
EDWARD ROBINSON (Re-examined). I should say I was about 15 or 16 yards from the dining-room window when the shots were fired—the bullet went right through my arm; it came out about 2 inches beyond the place where it entered—I was five weeks under the care of the surgeon.
GUILTY on the First Count. — Penal Servitude for Life .
The JURY expressed their admiration of the courageous manner in which Robinson had discharged his duty, and trusted that his conduct would be recognised and rewarded.
The COURT concurred in the recommendation of the Jury, and ordered a reward of 25l. to be paid to him.
MR. LILLEY Prosecuted
JOHN MCLEOD . I am manager of a lodging house kept by John Freak, at 11, Mill Lane, Deptford—on 5th November I went to bed between 12 and 1, leaving the house secure—about 5.30 a.m., when I came down, I found the lower sash of the kitchen window had been taken out from the back yard and placed on a chair, and I missed some bread and a pound and a half of beef from a shelf in the kitchen; it belonged to a lodger—the police afterwards showed them to me.
CHARLES TURNER (Policeman R 199). About 1 a.m. on 5th November I stopped the prisoner close to the lodging-house; he had two loaves of bread and a piece of meat under his arm—he said he was going to take it home—he dropped them, struck me in the stomach, and ran away—he was taken by another constable—next morning I found a pair of boots in the passage at the lodging-house; I took them to the station, and the prisoner claimed them; he had no boots on when I stopped him—I showed the bread and meat to McLeod, and he identified it
CHARLES GOODWIN (Policeman R 110). I had charge of the prisoner at the station—this cap was given me by the constable—the prisoner said "That is my cap; give it to me; I am very cold; I should like to put it on"—I said "Do you know where you left it last night I"—he said "No, I was very drunk."
JAMES HILCOCK (Policeman R 357). About 2.10 on Tuesday morning, 5th November, I was called to 11, Poplar Row, Deptford, the back gardens of which adjoin those in Mill Lane—I saw the prisoner in the back yard of No. 11, which is about five houses from Freak's lodging-house—he had no boots or cap on—as soon as he saw me he jumped over the fence—I pursued him over about five fences—I found him at another lodging-house on the top of some steps—I took him into custody—he said he lodged there—he tried to kick me off the top of the steps—I took him to the station—he was sober.
JAMBS DAWKINS (Police Inspector R). On the morning of 5th Nov. I went to Freak's lodging-house and found it had been entered by the kitchen window—the prisoner was then in custody on another charge—the food was produced to him—he said "I did not steal it, I don't know how I got it"
Prisoner's. Defence. I was at work all day. I got a drop of drink at night, I don't know how I got the things.
GUILTY .*— Fifteen Months' Imprisonment .
MR. CUNNINGHAM Prosecuted.
ELLEN LUCY . I am the wife of Daniel Lucy, a labourer, of 10, Rope yard Bails, Woolwich—on 18th Oct, a little after 6 o'clock in the evening, I went into the house of Mr. McCarthy, who lives at No. 6—while I was there the prisoner came in—I said to her"Kate, why should you say my girl is as bad as you are? "—she said "So she is "—I said "Why should you say so, she has never done anything out of the way, she was never in prison"—she took up a knife and hit me in the forehead and said "Was I in prison?"—I said "Yes you were, Kate"—Mr. McCarthy came round from the other end of the table where he sat, and she hit me over his shoulder across the nose with the knife, and the same blow cut my lip and
split it is two—I bled very much and became weak—she was pushed out by McCarthy, and I was taken to the station and had my wounds dressed, and afterwards went into the Plumstead Infirmary.
By the COURT. She lived next door but one to me—I see her every day—I saw her the day before this, but never spoke.
CHARLES MCCARTHY . The prisoner and Mrs. Lucy were in my house—they had some conversation between themselves, and Mrs. Lucy called her a wh——, and the prisoner got up and hit her—I could not say what with—I said I would have no fighting in my place, and I shoved her out—I afterwards saw the blood—I did not see any knife—I was having my tea, there might be knives on the table.
THOMAS ALEXANDER MITCHELL . I am assistant to Dr. Sharpe, a surgeon of Woolwich—I was called to the station to see the prosecutrix—she had a large wound on the forehead on the right side, between two and three inches long, and going to the bone; there was a second wound on the right side of the nose extending from the top to the lower portion, almost cutting that part of the nose off, and a third wound on the upper lip, cutting the lip right through to the teeth and exposing the teeth and gums underneath—the wounds must have been inflicted by some sharp cutting instrument only—she bled very much indeed—I dressed the wounds and sent her to the infirmary—she is now getting on pretty well, but seems weak as yet from the loss of blood.
THOMAS SHOTT (Policeman R 128). I took the prisoner and told her she would be charged with stabbing Ellen Lucy—she said, "I did not, I struck her with my fist"—when the charge was read over to her at the station, she said, "Mrs. Lucy called me a with——, and I threw the knife at her. This case was postponed yesterday on account of the prosecutrix being intoxicated."
GUILTY of unlawfully wounding under provocation.> — Three Month's Imprisonment .
Before Mr. Recorder.
Before Mr. Common Serjeant.
MR. PURCELL Prosecuted; MR. J. P. GRAIN Defended.
WILLIAM JOHN HINE CLARE . I am a barrister, and live at Morton Road, Forest Hill—on 1ST September I left the house unoccupied, and secured all the doors inside and out—the room where the jewellery was placed was locked up—I returned on the 5th and found everything safe—I went again on the 12th with my wife and her mother, and found the house broken open—this key is not mine.
SARAH BAILEY . I wag staying in the next house to Mr. Clark's, and on September 11th about 10 a.m., I was at the closed front Window, and saw two men go by—one of them looked very hard at me, and then looked at the other man and nodded—the prisoner is the man who nodded—between 3 and 4 on the same afternoon I was at the side window on the landing which was open, and saw Mr. Clark come home, and shortly afterwards saw two men run up the prosecutor's garden, one of whom I recognised as one of those I saw in the morning—the prisoner is the man—I gave a description of him, and picked him out from eight men who I saw at the station.
JANE ELLIS . I am Mr. Clark's mother—I returned home on the 11th September, my daughter went up to the door first and then beckoned to me—when I went up the door was open, and I heard a noise in the house—Mrs. Clark went back to the coachman, and while she was gone I saw a basket of clothes in the passage which did not belong to me, and saw a man standing at the top of the first flight of stairs, and another man coming down towards me who attempted to get out at the front door, but I shut it—the prisoner is one of the men, he was only a short distance from me—I afterwards picked him out from eight men at Greenwich Station, and said that he looked like one of the men.
Cross-examined. I said on the last occasion that he was like, but I could not identify him because I saw him without his hat.
Reexamined. I think he had no hat on when I saw him in the house—I identify him now.
MARY GRAHAM CLARK . I am the prosecutor's wife—I went up to the door first, and on opening it saw a basket of clothes in the hall which were not mine—I heard sounds and went to the coachman—I then went to the side-gate and saw two men in the garden, but did not see their faces—one was dressed like the prisoner, and I picked him out at the station—all these clothes had been safely locked up in a room up-stairs—this key is not mine.
Cross-examined. I looked through the bars of a gate which were about three inches wide, and I stood 10 yards from the gate.
JAMES WALSH (Police Sergeant M). In consequence of information I received I took the prisoner on 27th September, in Newington, and I told him I should take him for being concerned with another man in breaking And entering a gentleman's house at Lewisham—he said, "I know nothing of it"—I took him to Stones End Station, placed him with eight or nine more—Sarah Bailey was shown in, but without me—I afterwards searched the prisoner and found four little keys on him—he gave his name George Roberts, but no address—I said, "You have been charged at Kennington Road Station in the name of McCaul, with robbing a woman and having skeleton keys upon you, and it is no use your giving the name of Roberts now, "and he said "Quite right."
Cross-examined. I have been a detective not quite six months—I do not know whether they put me up for my intelligence—I have studied the late Inspector Brennan a good deal, but never saw him—as far as I know the prisoner was living with a woman named McCaul, and there was a squabble between them at the police-court—four of these keys were found on him And one at Mr. Clark's house, but when he was charged at our place there were five keys on one bunch—the jemmy was found at Mr. Clark's house—it
is very useful, I do not know the difference between it and all instrument for opening wine cases—I got it and I brought it here—when he was charged at the police-court he had keys like these, also a skeleton key with one ward to it, which will open any lock that it fits into—it was ordered by the Magistrate to be destroyed—this key which I found at the house has been put on the ring since I took it from the prisoner.
GUILTY **.†— Eighteen Months Imprisonment .
MR. MEAD Prosecuted; MR. T. COLE appeared for the Seths; and MR. A. METCALFE for Benjamin
JOHN SCOTT RUSSELL . I am a civil engineer, and live at Westwood Lodge, Sydenham—I am not sure that my furniture was assigned on a bill of sale, but there was a quarrel between the Land Security Company and myself—they had a claim upon me, and in August four men broke into my house through the window—the Seths are two of them—their right of possession I cannot tell you—I believed they were ordered to break in by the Land Security Company, by Granville Richard Ryder, M. P., who is manager of the Company—I did not watch them—I remember one of them coming in that evening, but the two Seths are so much alike, I don't know which it was—I think it mitigates their conduct very much that they only obeyed the orders of their chief—these four decanter-trays are my daughter's property—they have on them the crest of the company from whom I received them—they are part of a service which was given to me by a great company—they were in the house when it was broken into—I did not miss them till the police found them—I watched and noticed that a great deal of theft was going on by the representatives of the company who broke into my house—I identify these spoons, these 18 forks, and this soup-ladle—these two spoons and these two dessert knives also bear the crest of the company—they are my daughter's—I also missed 7-lb. quicksilver—it was not mine, but was left with me by a friend to make some experiments with—the bottle is marked 7-lb.—I found it empty—it was worth about 3s. an ounce—this soap-box produced is mine—it was taken out of my dressing-case, and has been changed in shape—I never gave the prisoners authority to take these things—I abstained from all communication with them—there was to be a mock sale in my house by order of the Chancellor, but it never took place—I never gave authority for a quantity of waste paper to be taken from the house, but I saw at the station a moderate size eack full of valuable papers, plans, and drawings.
Cross-examined by MR. COLE. These housebreakers were in my place six weeks—they were only there a few hours at first because I turned them out, but on the second era they remained until the Chancellor toned them out—a great gang came in the first night—I have not taken an inventory of what I missed—I left them to their own responsibility—a man named Rooke put them in, and came in himself; a man named Darling was chief housebreaker; he was subordinate to Rooke, I think Mr. Burke and Mr. Granville Byder—I think Darling had the keys of the premises; most of the valuables were in the dining-room—my goods were lotted and inventoried for sale—I am not sure that crowds of people came in for two days, but
anybody could go in and out, and a number of people did, until the Chancellor stopped them—I think the auctioneer's name was Goatley—his men would be there to lot the property—I was in possession of the house yesterday at this time, but I am not now—while I was in Court yesterday waiting to give evidence the housebreakers took possession again, and vans went down and emptied my house, and they are now the runners of the whole property—that was under Granville Richard Ryder, who has an office at 22, Great George Street, Westminster, where he handles other people's property; it was under his orders that the men got in a few months ago, and again yesterday—I do not know what orders he gave, but I judged by their conduct; may be his agents are here to-day to take possession of this property—he has a claim to my property, and so has Mr. Burcham—I dare say they will present these articles to me afterwards; they have already offered to make a beautiful present to me of the whole of my property, provided I will make them a present of the land.
Re-examined. I don't know that my property is at Taylor's Depository, but I shall find out to-day—they have offered to make me a present of my property provided I make them a present of the land, which is very generous on their part, and I must say that I consider these poor men mere players in the pantomime.
JULIUS OCTAVIUS JACOBS . I am a solicitor and managing clerk to Mr. Walter Webb, solicitor to the prosecutor—I have acted for Mr. Russell in his affairs—possession was first taken of his house and furniture on 31ST July, and on 16th or 17th August the Land Securities Company advertised the property for sale through their auctioneer, Mr. Goatley—they are the mortgagees—an application was made for an interim injunction, and Mr. Baron Pollock granted it, restraining the sale for a week—application was made on 28th August to Justice Manisty, sitting for Vice-Chancellor Hall, the Vacation Judge, to conntinue the injunction, which he did until 7th November—up to 28th August three or four men were in possession—this is the interim injunction (produced)—the Land Securities Company were directed not to sell, but were at liberty to continue one man in possession—I do not know whether the defendants were in possession, but they did not obey the order till 15th September, because I had some animated correspondence with Mr. Burcham on the subject
Cross-examined by MR. COLE. The men first went in on 31ST July, but they were cleared out the same night—I don't know whether Mr. Russell cleared them out himself—they went in again next day, and he got into some difficulty in turning them out—there were three men, none of them are here to-day—the same three men remained in down to 16th September—it was the Land Company who went down and took Mr. Russell's goods yesterday—I did not see the two Seth's there.
ISAAC BENJAMIN . I live with my father, the prisoner, Benjamin, a marine store dealer, at 6, Gray's Terrace, Wells Road, Sydenham, about 10 minutes' walk from Westwood Lodge—about two months before the examination at the police-court I went with my father to Mr. Scott Russell's—he took a hand truck—we saw the two Seths there—they asked him to buy some paper of them—he did so, and paid them, I believe, 5s. for it—it was railway maps—I did not hear any sum mentioned—my brother and another boy named John Twyt loaded the truck—the prisoners were there when it was loaded—they were fetching out tin cans to take away with
them—we took the paper home—I saw the prisoners in the shop about two days afterwards—I did not see what they brought at first, but my father brought into the kitchen, from the warehouse, some knives, forks, dessert spoons, dishes, and some decanter-trays, similar to these produced, and two days afterwards he took them to London to my grandfather's in Middlesex Street, Petticoat Lane—that is my father's father—I afterwards saw some quicksilver brought in a 2-lb. glass bottle, which was half full; a larger bottle than this—my father weighed it, it weighed 7-lb.—I was afterwards shown a number of men at the station, and picked out the two Seths—but I was not quite sure of the biggest one (John).
Cross-examined. I only remember going to Mr. Russell's house once—Twit is not here—I am about 14 years old—I do not remember going there without the barrow—my father sells boots and gets them mended—I was recalled before the Magistrate, and said "I saw the plated things when the men had gone—I was out when they entered the house—all the men were strangers to me—when I was in the shop I did not hear or see the Seths do anything. "
Cross-examined by MR. A. METCALFE. I am not very fond of my father, because he has been keeping company with another woman for four years, and my mother is not very fond of him—there are constant rows between him and my mother—I am my mother's boy—I did not go of my own accord to Inspector Fox to tell him what I knew about the case; a policeman came up for me to say that my father wanted me, and I went to the policestation and they said that I could not see him, I might see him at Greenwich—I did not go of my own accord to Inspector Fox, nor did my mother tell me to go to him—I did not know Mr. Russell's house till I went down there—my father has not been in the habit of buying perquisites from the servants, nor does he from other houses—he sometimes goes to ladies' houses, but generally he deals at a wardrobe shop—if servants wanted to sell perquisites he would do it—my brother is younger than me; he is not here—he was 12 last birthday—he is not friendly with my father—Twyt is a friend of ours—we three unfriendly to my father were taken to Mr. Russell's house by my father—there was no concealment—we put the paper on the truck ourselves—some of Mr. Russell's servants were there; there was a stout woman talking to my father; he paid the 5s. to her, not to either of these two men—I am generally in the shop to help my father when he is taking goods from people—I swear the two Seths are the same men I saw at Mr. Russell's—I stayed there about a quarter of an hour altogether—I am not prepared to swear to the two Seths; I swear to the little one (Robert)—when the two men came to my father's shop I believe I was out, but I came in while they were there—my father had the forks in his hand when I went in—I never saw them in the men's possession.
Re-examined. I know the Seths brought the forks, they were standing by my father, and I heard them say something, but I did not listen, I walked into the kitchen—they said nothing to me—I saw the property in my father's possession about five minutes after they left—I am certain of Robert Seth, but I cannot speak to George properly—I said at the police-court that I was sure of the little one, but I did not give either of their names—I never said that I was doubtful of Robert, or that I was positive of George. By the COURT. I saw my father holding the things in his hand while the men were in the shop.
ELIZABETH KENDAL . I am Benjamin's servant—I remember George Seth coming to the shop first, he said, "Is Mr. Benjamin in? "I said, "No; "he said, "Well you ask Mr. Benjamin for he knows what"—I said, "Where shall I tell him you call from? "he said, "From Mr. Scott Russell"—when Mr. Benjamin came home I told him there had been a young man from Mr. Scott Russell's—he said, "Oh, for the money for the bottle of quicksilver; when he comes again tell him that it was of no use"—that was about two months before I gave evidence at the police-court, or a little longer—the same man called again next day, and I said that Mr. Benjamin said it was no use—he said, "Tell Mr. Benjamin to return it"—about a week after that Robert Seth called to have a coat mended; he sat in the kitchen, and Mr. Benjamin mended it, and said to him, "I can get rid of all you can get hold of"—that was all I heard—I saw some plated articles on the table; that was a week before George Seth's first visit, but I did not see this ladle, or soapbox, or the bottle—Mrs. Benjamin said to Benjamin, "Where did you get these? "—he said, "From Scott Russell's"—she said, "You had better take care what you are doing"—he said, "I won't have them here; I will take them to London"—he took them off next morning, and was away all day this ladle was the first thing brought to the house; he brought it when he brought the waste paper, and maps, and oil cans; he took it from his pocket at the same time, and said, "Take it indoors"—I was helping to unload the barrel of paper—I took the ladle in, and put it in the kitchen—it was then two or three days, and then it disappeared—I did not see it again for two months; I then saw it in the warehouse; I took it to the police-station, but did not give it up—Mrs. Prop went with me to the station; I took it to her house; it was given to Mr. Prop, who took it to the station.
Cross-examined by MR. COLE. I have lived in the family eight years—I was a girl when I went there, I was brought up by Mrs. and Mr. Benjamin for eight years—I did not say at the police-court, "I remember George coming and asking me to ask Benjamin what he had bought"—he said, "Ask Benjamin for you know what"—my deposition was read to me, but I may have made a mistake in those words—Inspector Fox fetched me to the station—the prisoners were put with ten others—I had no trouble in picking them out.
Cross-examined by MR. A. METCALFE. I have not been Benjamin's servant eight years straight off, I left three years ago—I did not say at the police-court that there were disturbances about me—I said there were with Mrs. Benjamin—if I said I had been a source of contention between the husband and wife, I misunderstood it; I thought they said, "Had there been contentions between husband and wife? "—Mrs. Benjamin did not say anything nasty about me with regard to her husband—I never had con—tentions with Mr. Benjamin during the eight years I was there, I left because there were disturbances between him and his wife, and he forbade her coming into the place; I thought it was not right for me to be there alone, and I left, but he said, "You had better come back here, you had better be with a devil you know, than with a devil you don't know"—I left because Mrs. Benjamin left, I saw Benjamin bring the wastepaper to the house on a truck, and he took this soup-ladle from his pocket in the street, and gave it to me, I took it to the kitchen—there was no charge against Benjamin when I took it to the station, I did not give it to the police, as I saw half a dozen policemen and I had not the face to do so—I said we had found the ladle that was taken from Scott Russell's,
it was in my apron and I did not produce it—I saw the silver on the table three months ago, a week after the waste-paper—I did not say at the police-court that I saw all the things come—I did not say at the station that I had come with Scott Russell's silver—I said I had found a portion of it; they asked me what I had found, and I said "A ladle"—they did not ask me where it was—I did not tell my master or mistress I was going to the police, or ask them to account for it—I swear they did not tell me to go with the ladle—I did not say at the station that the ladle had come with Mr. Scott Russell's silver, I said that it was a portion of it.
Re-examined. When I said at the police-court that I had been a source of contention between him and his wife, I meant that there had been contentions between them—the evidence I have given to-day is true—I said that I saw all the things when they were on the table—I saw the ladle come with the waste-paper.
ESTHER JANE PROP . My husband's name is James—we live at 3, North Road, Sydenham—I am a customer of Benjamin's for clothing—I remember going into his kitchen on 14th August, I know the date because I went to pay some money for a young woman who had taken her wages that day—Mr. Benjamin was in the shop, and told me to go into the kitchen to Mrs. Benjamin—I went there and saw this plate on the table, but not this soup box or ladle—Mr. Benjamin came in and said, "You have got some nice silver there; "he said, "I have got that at Mr. Scott Russell's at a sale; "I said, "Is it all good? "he said, "Yes, first class"—I said, "How could there be a sale on when the bailiffs are only just in? "he said, "Well, I bought it, at any rate"—I paid the money and came away—on Tuesday evening, 22nd October, Elizabeth Kendal came to me and produced this ladle—I went with her to the station with it, but she brought it away again, she was afraid to give it up, and I came back with her and left the ladle indoors, and went up the street and met my husband—I told him where I had been, and that the ladle was indoors—he took it to the station.
Cross-examined by MR. A. METCALFE. I am not a friend of Mr. or Mrs. Benjamin, only a customer—I repudiate being a friend—I went there to pay 4s. 6d.—he told me to go into the kitchen, because he was talking to a man; and he left the man and came and spoke to me—when Elizabeth Kendal came, she did not say that she was going to the station with the ladle—she was going there to see if the police would come down, because Mr. Benjamin was assaulting his wife—I did not see that she had the ladle till she came away from the station, and then she showed it to me, and said "Look what I have found among some rags in the warehouse"—I said "Why did not you give it up at the policestation? "—she said that she was afraid—she also said "I will go to Scott Russell's first; will you come with me? "
JOHN THOMAS FOX (Police Inspector). On 22nd October Mr. Prop brought the ladle to the station—I received information, and went with Inspector Hayward to an eating-house in Middlesex Street, Petticoat Lane—Benjamin's father and mother live there—I saw the mother, who handed me all the plate, but not the ladle or the bottle—I took them to the station, and on the same morning I went with Hayward to Sydenham, and met the prisoner Benjamin in Wells Road running
towards us—Hayward caught hold of him—he said "I know you are after me; let me go to my shop"—I said "No, we can't hear it; you must come to the station"—as we went along he said "What do you charge me with? "—I said "Receiving some plate stolen from Mr. Scott Russell's"—he said "Oh, I can account for that. I bought it of three men with some rubbish"—we went to the station, and I produced the plate before him—he said "Yes, that is the plate I bought of two of the broker's men at Scott Russell's. I bought some waste paper and maps at the same time of the servant; you will find them at my shop in Wells Road"—on 31ST October I took the two Seths at Twickenham—took them to Twickenham station, and charged them with stealing some plate from Mr. Scott Russell's during the time they were there in charge of his house—John Seth said "I know nothing about it. Why don't you apprehend Darling and Looker, who were with us also? "—I afterwards repeated the charge to Robert Seth—he said "Not me; I do not know anything about it"—I showed him this soap box, which had been handed to me by somebody else, and asked him how he accounted for the possession of it—he said "I don't know anything about it"—I said "Are you sure? "—he said "Well, my brother gave it to me when we were at Scott Russell's"—we found Looker—he was taken to Sydenham station and placed with a number of men—John Seth said "If I wanted to steal anything I should not have stayed eight days in the house without food."
Cross-examined by MR. COLE. I knew that Darling was put in possession, but I did not know him—he has been searched for by the police, but he is not to be found—I believe he was the principal man in possession, and held the key of the room where Mr. Russell kept this property—there is no warrant out for Darling—this soup-dish is plated—it was being used as a tobacco box by the man who has scratched his name on it—it was used in the house for tobacco—a man named Jennings living at Twickenham gave it to me—I have been a police-officer at Sydenham 23 years—I know Twickenham—I saw Mr. Goatley, the auctioneer, who lotted out the property—I did not see his men, but I have been into the rooms, and it appears to be lotted out.
Cross-examined by MR. A. METCALFE. I received information about Benjamin on Tuesday evening, 22nd October, and met him about 3.30 next morning.
JOHN HAYWARD (Police Inspector P). I was with Fox when Benjamin was arrested—when I was removing him to the cell he said "Sergeant, if you come to me in ten minutes I will tell you all about it"—I went to him shortly afterwards, but found him ill—he seemed to be in a semi state—he was unconscious.
CHARLES POTTER (Policeman 381 P). I was with Fox when he arrested the Seths—I took charge of Robert, and on the road to the Court next morning he said "I remember going to Benjamin's shop in Wells Road to have a pair of boots mended."
MR. A. METCALFE submitted that there was no case to go to the Jury against Benjamin, as there was no proof that the Seths had not the authority of the Land Company to part with the property, which they had now actually taken away under the Vice Chancellor's order. MR. COLE for the Seths took the same objection, and contended that somebody ought to have been called from the Land Company to prove that they did not give the Seth's authority to dispose of the property. MR., MEAD contended that there could have been
no authority to dispose of the goods, because there was an interim injunction prohibiting the disposal of the goods. The COURT considered that the men in possession had no authority to sell; and that if they had, it was for the defendants to prove the contrary, and that the property was sufficiently laid as that of Mr. Scott Russell.
The Prisoners received good characters, but Inspector Rowling T stated that the Seths were the associates of thieves. R. Seth had also received two months' imprisonment for an indecent assault. GUILTY . T. and R SETH— Nine Month' Imprisonment each . BENJAMIN— Eighteen Months' Imprisonment .
Before Mr. Justice Hawkins,
MESSRS. POLAND and STRAIGHT Prosecuted; MR. LILLEY appeared for Saunders; and MR. MONTEFIORE for Stevens. FRANK TAPNER (Surrey Constabulary 83). On 6th November, about 1 in the morning, I saw a fire On Purbright Common—I ran to the spot, and saw three men run away—the prisoners are two of them—the fire was burning when I got up to it—I took Saunders into custody that evening, and charged him with setting fire to the common—he said he did not do it—he afterwards said if he had not seen me he would have had another fire—I then showed the spot where the fire was to Mr. Hacker, a clerk in the war department—I had some difficulty in putting the fire out—it took me a quarter of an hour—I don't call that hard work, but it was rather warm work.
Cross-examined by MR. LILLET. It was a frosty night, not very damp, it was damp—I was speaking to a man named Boylet when I first saw the fire; I was then some distance away from it, I should say 200 yards—it was not a quarter of a mile, not in the direction that I took to the fire—Boylet did not go with me to the fire—Stevens was taken into custody after Saunders had been before the Magistrate on Saturday the 9th—I didn't know then that Stevens was working for Mr. Elsey—I know it now—I have known him ever since I have been at Purbright—he lives on West Heath Common—I have spoken to him several times—there was a party of six who went along the road, the prisoners were three of them, but they went on before—there were some fireworks that evening at a place called Skeate's Farm—the farmer had fireworks that night-that is about a mile away from where this fire was—I was about 10 or 12 yards from the man who ran away—I crossed a field opposite the furze—there are trees round the field—I saw the witness Baker on the afternoon of the 6th—he was a witness before the Magistrate on the first hearing.
Cross-examined by MR. MONTEFIORE. It was about 1 o'clock when the fire broke out, it might have been a little before—the Common is part of my beat—I had been there at half-past 7 that evening, this was the night of the 5th November—there were some fireworks in the immediate neighbourhood that night, about a mile from that spot—I have known
fireworks let off on the Common, there were some that night but not near this spot—there were some let off on the green about a quarter of a mile away, about half-past 10 o'clock, but no more after that—there were no rockets, only a few squlbs, crackers, and Roman candles—I put out the fire—I trod it out, it was about two rods in extent, it was not two rode when I got there, it was spreading, some part of it had burnt out, it was not very dry—the men who ran away crossed me and ran by in front of me, I did not run after them—I stopped to put the fire out—I did not see which way they had gone—Baker and Saunders came back again about three quarters of an hour afterwards, and two others with them—I did not take Saunders then because I had not sufficient proof which it was set fire to the common—I had sufficient proof in the evening—I had seen Baker then—I recognised Baker and Saunders when they came back, as two of the men that ran away—I said to Saunders that I should accuse him of setting fire to the common, and he said he did not—I did not say anything to Baker about it—he did not stop to speak to me—Saunders did stop—in putting out the fire I did not get any damage—I did not burn my trousers—I had leggings on.
Re-examined. The fireworks I hare alluded to were on Purbright Green, about a quarter of a mile from the place where I saw this burning; they were let off at half-past 10—I dirt not see any let off at 1 in the morning, most people were in bed then—I had a view of the prisoners' faces as they ran past me—the moon was shining brightly—I had known both of them before, and I recognised them when they passed me—when the two came back three quarters of an hour afterwards, I was hiding in a bush, they did not see me before they came up to me, they were going towards where the fire had been.
WILLIAM HENTRY SUMPTION (Surrey Constabulary 80). On 9th November I apprehended Stevens—I charged him with maliciously and wilfully setting fire to furze and heath growing on the common at Purbright, the property of the Government, and I told him he would have to go with me to Guildford—I took him to Guildford, and at the police-station there Saunders was brought into his presence and stood beside him in the office—the charge was read to both of them by the Superintendent Deputy Chief Constable—Saunders then said Baker was as bad as us, and then turning to Stevens, he said Baker tried to light some furze—he stooped down and struck a match, but it would not burn—Stevens went on the right side of the road and set fire to the furze, which did bun and burnt about a rod—Stevens replied, "I did not"—Saunders again said, "I know very well that you did, and I did not burn any "—he also said "When the fire had been lighted the two ran away, "referring to Baker and Stevens, "and I followed them."
Cross-examined by MR. LILLEY. I took Stevens into custody on the 9th at a quarter past 4 p.m., after Saunders had been before the Bench and remanded—Stevens denied what Saunders said—he did not make any denial when I charged him, he held his tongue.
THOMAS BAKER . I am a groom in the service of Major Armstrong, at Purbright—on the morning of 6th November, about 1 o'clock, I was in company with the two prisoners—we had been together from about 10—we went to see some fireworks at Nap Hill; we started from Purbright village about half-past 10—the fireworks were over about half-past 12; they were let off about a mile from the common—after they were over I
went along with them, I was along with Saunders—when we got on the common, Saunders went behind the furze, struck a match on his trousers and lit the furze on one side of the road, and Stevens did the same on the other side of the road—there is a road or path that goes between the furze; the two were about four yards apart; there was a fire in each place, the furze was lighted in each place—I saw the constable Tapner come up—he came up to Saunders and called to him about the fire, and I believe Saunders said that he did not do it—I did nothing, we just passed by, and stood about a couple of yards off from the constable and Saunders; all three of us—we stood there about 10 minutes and then went on—I was spoken to by the police that afternoon, and I then made a statement.
Cross-examined by MR. MONTEFIOEE. I was not out all that night; I have leave to go out every night; there were other people out as well as me to see the fireworks—Saunders first pulled a match out of his pocket and struck a light and lit the furze, and Stevens on the other aide did the same—Stevens ran off first; I did not try to prevent him, I went off along with them—it was not all done in a second, I suppose in about five minutes—I sometimes smoke, I did not have any matches or fusees that night; the prisoners are smokers, they had matches; it was not a damp night, it was dry and frosty—I had no fireworks in my pocket—I did not let off any fireworks at Mr. Skeat's, I merely looked at them—I did nothing to run away for—they said "Come on, Tom, "and of course I went; I did not run, I went slowly; Stevens went first, Saunders second, and I came behind—the policeman did not make any attempt to catch me—he came up to the fire and put it out
Cross-examined by MR. LILLEY. I did not say before the Magistrate, "We all three ran away together"—I was examined at Guildford; I won't say as I did not say so. but I don't remember it—I walked along behind the two, they ran off, and I went a long time after; I did not run so fast as they did—we did all three run away together, I did not walk away slowly, it was rather cold—I did not take the men to the fireworks—there were six of us—a great quantity of us went to see the fireworks, we all went to accompany one another; there were six of us in company, Harding, Boylet, and some others—we did not come away together, we came away from the fireworks together—I had no reason to run away—I did not tell Boylet and Harding to walk on; they were not at the fire, they were not in the party—I did not say I would have a fire on my own account—when we left the fireworks I asked Saunders for a lucifer to light my pipe, and he said "Tom, I have only got two, if I strike ere a one of those; I shan't
be able to have a by fire."
Re-examined. Boylet and Harding were 400 or 500 yards away.
HENRY HACKER . I am clerk of the works in charge of the Crown land at Aldershot—I was shown a place by Tapner as Purbright Common where a fire had taken place; it was on Crown land—about 76 feet of gorse was burnt, it was about 10 to 12 feet wide, in some places I think a little more—the gorse in some places exceeds five feet in height—a pathway runs across the common; the fire was on the side of the pathway—I only noticed it on one side particularly, it was only on one side that there was a perceptible burning.
Cross-examined by MR. MONTEFIORE. The value of the gorse that was burnt was about 6d. or 1s.
STEVENS received a good character. GUILTY.—Strongly recommended to mercy. — Three Months' Imprisonment ,
59. WILLIAM SMITH (37) to a burglary in the dwelling-house of Joseph John Spratt, and stealing 535 postage stamps and other goods.— Five Years' Penal Seritude . [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant.
60. FRANCIS QUINLAN (23) PLEADED GUILTY to two indictments for feloniously forging and uttering requests for the payment of money, with intent to defraud. Recommended to mercy by the Prosecutor, who stated that he was of weak mind and subject to fits.— Three Months' Imprisonment, without hard labour .
62. LOUISE PROBYN (19) to feloniously uttering a forged bill of exchange for the payment of 30l., with intent to defraud. Strongly recommended to mercy by the Prosecutor, who stated that her offence was one of the very slightest kind, and that had he known all the circumstances he should not have prosecuted her.— To enter into recognisances to appear if called upon . [Pleaded guilty: See original trial image.]
Before Mr. Recorder.
MR. STRAIGHT, for the Prosecution, offered no evidence. NOT GUILTY .
MR. BESLEY, for the Prosecution, offered no evidence. NOT GUILTY .
MR. LLOYD Prosecuted.
MARY ANN SULLIVAN . I am the wife of Alfred Sullivan, baker, of 394 Wandsworth Road—on 2nd November the prisoner came for a twopeuny loaf, for which he tendered a half-crown—I recognised him as having been in the shop before—I saw the coin was bad—I marked it with a knife at the police-station—when I told him it was bad, he said I might try to bend it—I told him I had no right to give him change for it or give it back, and if a policeman were passing I would call him in—he did not move away until I turned my head to open the trap to call up the pastrycook, and then I saw a policeman passing, and called him in, and the policeman brought him back to the shop, and the prisoner asked me if he were the man who gave it me, and I said he was, and that he brought me a bad two-shilling piece a fortnight before—this occurred in the kitchen, where he was searched—I gave the bad half-crown to the constable—on the former occasion I think it was twopenny worth of cakes he asked for—when he me gave the bad two-shilling piece, as I told him of it, my husband happened to come in, and I passed it to him, and he said it was bad—he then paid with a good sixpence and went away—I believe he put the bad coin in his pocket.
ALFRED SULLIVAN . I came into my shop on 19th October, after the prisoner had tendered the bad florin—my wife passed it to me, and I threw it on the counter, and said it was bad—the look and feel of it were
sufficient—it had not a clear sound, and was very light and dark in colour—he took it away with him—I have no doubt as to the prisoner—he afterwards paid with a good sixpence.
GEORGE PYLE (Policeman W 257). Mrs. Sullivan pointed the prisoner out to me, and I took him into custody—he had started to run, and I caught him in about 150 yards—he said "You have got the wrong man"—I said "What for? "—he made no reply—I told him he would have to come back to the baker's shop along with me—when I got back I asked Mrs. Sullivan if he was the man who tendered the half-crown, and he said "Yes"—I asked his address, and he gave me "Burn's lodging-house, Broad wall, Lambeth, "and 27 or 37, New Out, Lambeth—he said he could give me half a dozen more addresses—I searched him at the house, and found on him 5 1/2d. in bronze.
GUILTY .— Six Months' Imprisonment .
Before Mr. Commissioner Kerr.
MR. A. G. BOVILL Prosecuted; MR. BURSETT defended Blandford.
JOHN JAMES AUSTIN . I am a greengrocer, at 36, Early Road, Lower Kennington Lane—Austin was in my employ—on Friday, 25th October, I sent him out with the mare and cart to sell three sacks of potatoes, worth 1l.; he did not come back, and I did not again see him till he was in custody on the following Saturday—the other articles in the cart were a pair of scales and weights, bushel-basket and nose-bag—when I charged him with stealing them, he said he had sold the potatoes, spent the money, and given a man 1s. to take the cart and pony home—I went with the police-sergeant to Blandford's premises, where we found the scales, weights, sacks and nose-bag—I have not yet seen the basket.
Cross-examined by MR. BURSETT. Blandford showed me a receipt for the pony and cart—he took us in the direction of the place where the man lived to whom he had sold it.
Re-examined by MR. BOVILL. Immediately after leaving Blandford's shop at Bow Common we went to the place where the cart was found, and got it.
JOSEPH ELSDON (Police Sergeant L). On the 27th October I went with last witness to Blandford's place at Bow Common, and saw Blandford—I told him he had bought a pony and cart the Friday evening previous; he said, "Yes, I have sold it again"—I said it had been stolen—I gave 3l. for it, and sold it again for the same money, as I was glad to get my money again, because it was a shaky lot—he produced this receipt which Austin had given him—he said Austin represented it was his own
property—the prosecutor's name and address were painted on the cartBlandford said the pony and cart were standing at the Vicar of Wakefield public-house, Bethnal Green, and they went there—the prosecutor identified the pony and cart, and Blandford was then taken into custody.
Cross-examined by MR. BURSETT. Blandford said Austin told him be had been in business, and was selling off—I mentioned before the Magistrate that Blandford said it was "a shaky lot, "or words to that effect—I should not like to say what it was worth, but it was worth considerably more than it was sold for—the receipt is a formal one, "Bought of Mr. Austin, pony, cart, and harness, 3l. 3s. "—Blandford keeps a fishmonger's shop at Bow Common—I have not seen the man to whom he sold it.
HENRY JUKE (Policeman). I went to Blandford's shop with Elsdon, and spoke to Blandford about the scales, weights, and sacks—he pointed them out on the shelf, and said, "There they are, just as I bought them. "
Cross-examined by MR. BURSETT. I cannot tell where the witness Joseph Carver is—he was called before the Magistrate, and was here yesterday.
STEPHEN WERB (MR. 5). I was at the police-station on Saturday, 27th October—Austin came into the station and gave himself up for stealing four sacks of potatoes and a pony and cart—I took him to Blackman Street station, and he said he sold the potatoes and gave a man 1s. to take the pony and cart home.
BLANDFORD— NOT GUILTY . AUSTIN— GUILTY .— Six Months' Imprisonment .
NOT GUILTY .