CENTRAL CRIMINAL COURT.
WHETHAM, MAYOR. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday and Tuesday, March 3rd and 4th, 1879.
(For cases tried on these days, see Kent and Surrey cases.)
NEW COURT.—Monday, March, 3rd, 1879.
Before Mr. Common Serjeant.
334. JAMES SKINNER (19) to two indictments for stealing, whilst employed in the Post Office, two post letters, the property of H. M. Postmaster-General , and also to forging and uttering an endorsement on an order for 10l., with intent to defraud.— Five Years' Penal Servitude . [Pleaded guilty: See original trial image.] And
335. THOMAS REYNOLDS (30) to unlawfully detaining 319 post letters while employed under the Post Office.— He received a good character.— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
MESSRS. CRAUFURD and LLOYD Prosecuted.
RUTH BUTTERFIELD . I attend at Mr. Chick's dining-rooms, Long Acre—on 1st February, at 10.30 p.m., the prisoner came in alone—I served him with two 2d. pies—he handed me half-a-crown—I saw it was bad, spoke to the waitress, and she took it from me, and said to the prisoner, "This is a bad half-crown; you have been here before"—he ran away—I had seen him before, on 28th January, between 10 and 11 p.m., and served him with two 4d. pies—he gave a bad florin—I gave it to Mr. Chick in the prisoner's presence—he bent it, and told him it was bad, and gave it back to him because he said he knew where he got it from—he paid with a good shilling.
Cross-examined by the Prisoner. On 1st February I do not know if "anybody was with you—there were 10 or 11 people there—you put the half-crown on the top of the marble, and I picked it up, and took it through a folding doorway into the dining-room, and gave it to Miss Hall—I knew it was bad—I said nothing to you—I left you in the shop—Miss Hall came out
directly with me, and told you it was bad—you then ran away—you did not say you would catch the other man—she tried to stop you—she told you it was the second time, and she would charge you—you said nothing about another man—I knew you by your face—we should have charged you on the first occasion, but were too busy—we had 150 people there.
ANNIE HALL . I am employed at Mr. Chick's dining-rooms, 20, Long Area—the prisoner came there on Tuesday, 28th January—the Butterfield served him—I was rather busy—I saw her bring the money to Mr. Chick, and I saw him bend it—I cannot say whether he broke it—the prisoner followed Butterfield into the back dining-room—Mr. Chick said "I have had several pieces of bad money passed, and I am determined to charge the next person I catch"—the prisoner said "I know where I have taken the 2s. piece in Covent Garden," and gave Mr. Chick a good shilling, and got 8d. change—he went out with the florin—about 150 people were in the place—we were very busy—I am certain the prisoner is the man—Butterfield served him then, and brought a bad half-crown to me—from what she said, I went into the shop, and said to the prisoner, "This is the second time you have been in this shop, and I will charge you"—I went round to the entrance doors and held him by the coat—he tried to get away, and struck me with his clenched fist, and I was forced to let him go—he went to the opposite side of the road, and when I got there the police-sergeant had got him, and I charged him—a little girl was standing in the shop, and two cabmen were sitting down, and saw him strike me—no one else was there—there were two cabs outside the shop—I gave the half-crown to the inspector at the station.
Cross-examined. You struggled a great deal—there was, I was told, another man outside the shop—several customers, who were coming in, saw you strike me, and they ran after you—the cabmen were sitting at their supper—no one was standing at the counter except a little girl—about six persons followed you.
FREDERICK GEORGE CHICK . I keep the dining-rooms 120, Long Acre—on 28th January, about 10 p.m., Miss Butterfield brought me a bad half-crown—I bent it nearly double in a brass tester—I could tell by the feel of it that it was bad—he said that he had taken it in Covent Garden, and knew the place—I gave it to him, and he gave me a good shilling—we were busy.
Cross-examined. I said at Bow Street, "I put it in a tester and bent it; I tried to break it; I completely doubled it"—I could not break a good 2s. piece in the detector; I did not the much force—it was the colour of silver—I said nothing about the half-crown—I went out—when I returned home they told me it was the same man that had tendered the money on the Tuesday—I saw you in the dock at Bow Street; they did not tell me you were the man, I saw it.
Re-examined. I have no doubt the florin was bad—he admitted it by giving me the good shilling—I merely used ordinary strength in the tester, and forced it back with my fingers.
HARRY WARLAND . I am a labourer, of 32, London Street, London Road—I am in the habit of attending outside Mr. Chick's door—I was there about 11 p.m. on Saturday, Feb. 1st—I heard the noise in the shop, and saw a scuffling—a waitress called me in and said, "Detain this man while I send for a policeman"—he knocked her against the partition, in the scuffle,
and shoved me on one side and escaped; I followed him; he ran between the cabs opposite—I went a nearer way and stopped him—a cabman put his foot out and he fell, and I with him—a police sergeant was standing at the corner of the court and took him—another man came up with the prisoner, but did not go inside—I had noticed the prisoner go by frequently during the day—there were two cabs at the door—two or three people followed him out of the shop.
Cross-examined. I had seen you frequently before; I see you pass daily with a man—you went in by yourself; there was a man outside—there were 50 or 60 cabs on the rank, and two before the door—you ran through one way and I went through the other and stopped you in Langley Court—you struck me and cut my lip—the policeman did not have hold of you first—I have frequently seen you go by, and I had suspicion of you.
THOMAS BUTCHER (Policeman 37 E). On Saturday night, Feb. 1st, while on duty in Long Acre, I saw the prisoner run across the road from the direction of Mr. Chick's, and people running after him—hearing the cry of "Stop thief!" I stopped him at the corner of Langley Court—Hall came up and gave him in custody for tendering this bad half-crown and striking her—he said nothing—I took him to the station—he was very violent, and I had to get assistance—Miss Hall gave me the bad half-crown produced—I found upon him 3s. 6d. in silver and 3d. in bronze, good money—I said, "Where do you live?"—he said, "Nowhere."
Cross-examined. You were not the worse for liquor.
ROBERT DILL BELL (Policeman E 224). I was at the station when the prisoner was brought up about 12 o'clock on Feb. 1st—he was sober—when he had been about half-an-hour in the cell he broke a square of rolled plate-glass 15 in, by 10 in., and 1 1/4 in. thick; he also broke the seat of the closet and kicked the boards up—he was very violent when the charge was being taken—the damage done was about 2l.—I went to him and said, "Why did you break the glass and the seat of the closet?"—he replied, "What did you put me in here for?"—he was quite sober.
WILLIAM WEBSTER . I am employed by the Mint authorities—this is a bad half-crown—I heard Mr. Chick describe how he bent the florin, and have no doubt it was bad—if he had bent it back again it would have broken—he only bent it one way—a good coin would not bend like that.
The Prisoners Statement before the Magistrate. "I went into Mr. Chick's on Sunday night with another man, who asked me to have two pies, and he treated me to them. He then either gave me half-a-crown or put half-a-crown on the counter, I am not sure which. The lady took it up and gave me the pies, and went to the back of the shop through a folding-door. She did not say anything to me before she went through the door. The mistress came rushing out and tried to detain me at the door, when the man who was in the shop with me rushed out. I tried to follow him, and pushed up against the mistress accidentally. The cabs being so thick outside the door, I lost sight of the man that had given me the half-crown. I was then taken into custody by the police."
The Prisoner in his defence, repeated his statement, and added that, being innocent when taken to the police-station, he teas like a madman, and had no recollection of his violent conduct.
GUILTY . He was further charged with a previous conviction of a similar offence, to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude.
NEW COURT.—Tuesday, March 4th, 1879.
Before Mr. Common Serjeant.
337. WILLIAM PETERS (34) PLEADED GUILTY to unlawfully obtaining 2l. 5s. and other sums by false pretences, and to unlawfully attempting to murder himself.— Eighteen Months' Imprisonment, without hard labour.
FINLAY McFADYAN . I am a sailor, and live at the Sailors' Home, Wells Street—at 6 p.m. on Feb. 12th I was at Euston Square Station with some of my shipmates, and we went into a public-house and had a glass of beer—I saw Anderson there—she said, "Will you treat me?"—I demurred at first, and said that I did not know her, and she said. "You might as well treat me to a glass"—I did so, and took out half a-crown to pay for it—I had 12 sovereigns and a 5l. Bank of England note—it was wrapped up in my certificate of discharge in my breast pocket—I left the public-house alone, and on going down to the Sailors' Home I was attacked by three men—Moore is one of them—he knocked me down with his list, jumped on me, put his hand in my breast pocket, and ran away—I pursued him and caught him, and he knocked me down again by a blow in my face, which bled, and was marked afterwards—I was also kicked by one of the others while on the ground—I knew my money and certificate were gone before I ran after him Jones caught him—on the way to the station Anderson tried to rescue Moore by striking Jones in the face and kicking him, and another constable came to his assistance.
Cross-examined by Moore. I was not drunk—I was in the Sailors' Home at 2.30, and not in Drummond Street—I was with no one but my shipmates all day—I was not giving everyone drink, nor did I pay for it—I never toss, and do not know how to—I never spoke to you in my life—I can take care of my own money, and did not ask you to hold it—I never saw you till you attacked me.
Re-examined. I left the Sailors' Home that afternoon at 5 o'clock—I was quite sober, and went to Euston Square—I stopped in the public-house about 20 minutes or half an hour—I had been in another public-house in the East India Road—I was not going to fight my shipmates, nor did I ask Moore to take care of my money.
DAVID JONES (Policeman S 88). At about 6.45 p.m. on Feb. 12th I was on duty in Euston Road, and saw two men running—I followed and caught the first one (Moore)—he said, "Oh, policeman, let me go, I am only running away from that man who is knocking me about." McFadden then came up and gave him in custody—I took Moore to the station, and before we got 100 yards Anderson rushed out at me and caught hold of him, and tried to drag him away—I did not see where she came from—I told her to keep away, but she would not, and I pushed her away—Moore's hat fell off, and she tried to pick it up, but I kept her away, and she struck me two or three blows in the face—another constable came up and took her in custody—at the station, before Moore was charged, he gave me 5l. in gold, 1s. in silver, and 6 1/2 d. in bronze, which he took from his left side pocket—I searched him, and found 7l. in gold in his left side pocket—I did not find the 5l. note or the discharge.
Cross-examined by Anderson. I did not kick you.
JAMES WELLS (Policeman S 61). I was in Hampstead Road, and saw Moore in Jones's custody—I saw Anderson strike Jones, and try to get Moore away—I took her in custody, and charged her with assaulting the constable and attempting to rescue.
The Prisoners' Statements before the Magistrate. Moore says: "I was drinking with the prosecutor in the public-house. "We were in the Drummond first, and we then went to the George, when the prosecutor met two of his mates. We afterwards went up to the Jolly Gardeners, in Euston Street. He gave me some money, saying, 'Take care of this, if I have a fight with them two.' The two began fighting. One of the men began to hit me. I ran slowly away. I now looked at the money; I did not know what he gave me. They were all drunk."
Anderson says: "I saw the constable take the male prisoner: he made a kick at me."
Moore's Defence. I am very sorry for what I have done. I was never in trouble before in my life.
Anderson's Defence: I did not know he had got any money about him; I thought the constable was taking him for being drunk; I knew nothing about it till I see him in the policeman's arms; I went up to ask him what he had him for.
MOORE— GUILTY .— Eighteen Months' Imprisonment.
ANDERSON— NOT GUILTY .
HENRY NOLLER (Policeman T 121). I went on duty at 10 p.m. Feb. 20th round Kensington Palace and a portion of High Street, Kensington, which includes the Palace Gardens—I go through the gates into the avenue with a key after 12 when they are locked—there is a sentry stationed in front of the Palace—the avenue is about 40 yards from Major Chaine's house—no one can come from the avenue to Major Chaine's house without being seen by the sentry on duty—no one could get over the railings, which are about 16 or 17 feet high—there are some railings about 4 feet high outside the Palace grounds close by a field—Major Chaine's residence is part of the Palace—the sentry's beat is about 30 yards—the avenue from the main road to the palace is about 300 yards—there is a lamp close to the scullery window which is close to the ground—I entered the palace grounds about 10.15—I go through every hour—I observed the cream-jug through the scullery window at about 10.15, and last saw it safe at 4.15—the prisoner was the sentry on duty, and I said "Good morning" to him at 4.15, and went back to Kensington Palace at 5.15, and passed the major's scullery—the cream-jug was then gone—I went to the station, saw the sergeant, and reported the jug as missing—I received instructions from the sergeant—I returned to the palace at about 6.20 and spoke to the prisoner, but not on this matte—no sentry goes on duty after 6—I returned to the station, and on the following Friday afternoon I searched for the jug in Devil's Square, and found it in a flower-stand with straw on the top of it, and snow on the top of the straw—Devil's Square is opposite Major Chaine's, about 15 yards from the senary post—it began to snow about 5 a. m.—there was no snow under the jug—I
examined the window; it was closed; there was no fastening to it; there were iron bars outside it about 6 inches apart; you could put your arm or a rifle through—this handkerchief was inside the jug (produced).
Cross-examined by the Prisoner. I swear I saw you first at 4.15—it takes me about an hour to go round my beat—I saw you the second time at 5.15—the cream jug was standing on a plate when I saw it in the scullery.
WILLIAM STROUD (Detective T). In consequence of information I received, I went to see the prisoner and Private Baker on the morning of the 21st February—I said to Baker, "From what time were you on duty in the courtyard at Kensington Palace?"—he said "From 2 till about 4," and that the prisoner relieved him—I said to the prisoner, "What time were you on duty at the courtyard?"—he said "From about 4.10 to 6"—I said, "Could anybody enter that courtyard without your knowing it?"—he said "No, I don't suppose they could"—I said "Did anybody enter the court-yard?"—he said "No one but the policeman"—I said "Did you see anybody near the window?"—he said "No"—I said "Could anybody go to the window without your knowing it?"—he said "No"—I then said I should take him on suspicion of stealing a silver cream jug from the residence of Major Chaine—he said "I saw no mug there"—I made a note of that when I got to the station—he said "I know nothing about it; I never took the mug; I was on duty there from 4 till 6; I was on my post all the time"—Noller afterwards found the jug, and called me—the jug was lying on its side, with the handkerchief in it, thus—it was on the mould, in a flower-box, against the wall, at the foot of a column—there was no snow under the jug—the flower-box is 13 or 15 yards from the scullery window—the window forms one corner of the courtyard—there is no sentry-box—there is a covered colonnade to protect the sentry, down two sides of the square, and the window is at the angle of the square—the sentry on his beat necessarily passes the window, which is about the centre of the beat—the scullery window faces Devil's Square, which is part of the grounds—you cannot See the window from the street—I cannot trace the ownership of the handkerchief to the prisoner—I found no handkerchief in his kit or on his person—this plan (produced) is correct—there is an open passage from one yard to the other—both the courtyards are inside the Palace grounds—the gates leading to the avenue are kept shut at night, and are about 16 feet high.
By the Prisoner. There are three ways into the square—there are no gates there—these gates are open at 5 a.m.
Cross-examined. As near as I can judge, I first spoke to you about 11.45—I helped to search you, but found nothing relating to this affair.
JAMES DA EY . I am a sergeant of 2nd Battalion of Scots Guards, stationed at Kensington Palace—I marched the relief sentries off at 4 o'clock a.m. on 21st February from Kensington Barracks, and the corporal posted them—the prisoner went out at 4 for the purpose of being posted, and returned at a few minutes past 6—it would take about a minute to inspect them, and march them off—at the latest they would be at their post 10 minutes past the hour—I visited the post a little after—I found the prisoner on the alert, and he challenged correctly—as a rule, men on duty, especially at midnight, carry a handkerchief with them for wiping their accoutrements,
bayonet, and so on—I do not know whether the prisoner had one or not—it was not snowing when I sent the guard off at 4—it was snowing very heavy a little after 5, and slightly about 10 minutes before 5—there was no snow on the ground when the prisoner went to be posted.
Cross-examined. There is no certain spot for the corporal to march the relief off; anywhere in the square is sufficient—there is no sentry-box in the square—the sentry would stand close to the entrance to Devil's Square and challenge the relief, and the relief would be posted close to where he stood—a sentry would not leave his post until I relieved him, or he would send a policeman to me to tell me—I dare say it would be possible for a man to get into the square when the sentry was posted if he had light shoes on—it may be that there is a gate open all night at the other end of the avenue—I have never been up there at night.
Re-examined. A man might get into the square unobserved if the sentry was standing at ease, and if he did not make much noise it would be possible for him to raise the window and drag the cream-jug out and go away—there is a boarding or a wall of some kind—it is not shown on the plan, and a man passing there would be under cover, and the sentry's back would be turned to the window then, and he could not see him without turning right about—if he were standing where he could see the entrance, then he could not see the window, and vice versa—no one but the policeman and sentry had any business by Major Chaine's window.
WILLIAM BAKER . I am a private in the Scots Guards, and was on sentry on the morning in question from 2 till about 4.10, in time to get back to my guard—you cannot see any clocks from there at night-time, but you can hear them strike—I did not take the jug.
Cross-examined. If you were doing your duty you could see a person going in or out whichever way he was going.
By the COURT. It is not the sentry's duty to stand by the two other entrances—he marches up and down under the colonnade—we are not allowed to come out without being relieved—the policeman first came to me about 3.15, and about ten minutes before I went off—that was twice in one hour—a person might come in with his boots off.
EMMA BRISTOWE . I am housemaid to Major Chaine, of Kensington Palace, this cream-jug belongs to him—I put it in the scullery lobby on 20th February, about 6 p.m., about four feet from the window—I left it there by mistake—there was no plate under it—there was a dirty dish about two feet from it—the window was shut when I went to bed, between 10 and 11—I think the last time I noticed the jug was about 9 o'clock—it was put in the lobby by mistake, as we do not keep silver there—the window is four or five feet from the ground.
Cross-examined. I came in by the front door—the door that opens on to the colonnade is always kept locked and barred—I am familiar with the sentry's beat, and he must see the entrance or the window, and almost both, except, I should think, in one place—there are some pillars on the verandah, but a man behind could see the entrances unless he stood up to the pillar and put his nose against it—your orders were to challenge anybody who came in the courtyard—there are only three passages.
Re-examined. I have opened the window several times since the robbery
—it makes a squeak in opening; not so much in shutting—I should say it would be heard in any part of the beat—I had previously to the robbery driven a slight nail into the window, and it had been scraped along on pulling it up—I should say that would have made some noise.
The Prisoner's Statement before the Magistrate. "I went on at 4.10 to relieve Baker. I saw no one in the square till the sergeant of the guard came. I challenged him, and he said 'All's well,' as usual. He left, and I saw no one else till 5.15, when I saw Constable 121, who said it was snowing. He went away eight or ten minutes, returned, and remained with me till about 6.5. No other sentry went on then. I left the constable there. I never saw anything of the jug. The same as Private Baker says, I never noticed it."
The Prisoner received a good character. He produced a written defence, stating that the policeman never went to the place in question at 4.15, not till 5.15. He had mid it took him an hour to go round his beat, but that he came twice while Baker was on duty in one hour; that he said that the jug was on a plate, and the housemaid had sworn it was not; and positively denied the charge.
NOT GUILTY .
SMITH PLEADED GUILTY .**
MR. POLAND and MR. MEAD Prosecuted.
ISAAC HARVEY . I am in the service of Mr. Owen, bottle and packing-case maker, of 38, Minories—I shall be 74 on the last day of the month—on Saturday, 15th February, I was in Haydon Passage, Minories—I had been to the London and Westminster Bank, City branch, and was returning with a black bag containing 50l. in gold and 25l. in silver—some one seized my left hand and dragged the bag from me—I could not see because my head was doubled down under me—there was more than one man—I was on the ground, and called for assistance—my arm was hurt—I saw a man before me, and went to take hold of him, and he said he had nothing to do with it—I saw two more men go down the passage—I gave information to the police.
MARIA WOOD . I am the wife of John Wood, of 30, Trinity Square Tower Hill—I was going through Haydon Passage, and saw three men standing at the corner, and Harvey met me half-way in the passage—shortly after I heard cries of "Murder" and "Police"—I went to his assistance, and the three men ran past me into Mansell Street—I first saw Harvey on the ground struggling with the three men—James is one of them—I recognised him amongst others on the 19th in the station-yard—he had a beard on the day of the robbery, and at the station he was clean shaved.
FREDERICK ABERLINE (Inspector H). I took James on 19th February in a coffee house in Brick Lane, Spitalfields—he was setting at a table having some refreshment, and I said, "Johnson, I want to speak to you"—he stepped out at the door, and I said, "I shall take you in custody on suspicion of being concerned with others in knocking an old gentleman down on Saturday last, and stealing a bag containing 75l. from him—he said "All right, I will go with you, do not hold me"—I had taken hold of his coat sleeve—I took him to Leman Street Police-station, placed him with seven others, and
Maria Wood immediately picked him out—he was charged, and made no reply—on the way to the station he said to me, "I have no right to be charged with violence; there was no violence used"—I knew him as Johnson—I had seen James on two or three occasions prior to the 15th, and he then had dark hair and a dark beard—when I arrested him he was shaved—I found on him at the station 5l. 10s. in gold, 12s. 6d. in silver, and 9 1/2 d. in bronze.
WILLIAM THICK (Police Sergeant H). I had charge of James at the station part of the time on the 19th February—he said, after Maria Wood had been there, "I shall surely get lagged for this; the first warder that reports me I shall knife him"—I saw him on the 14th, at 7 p.m., in Commercial Street, about 500 yards from the Minories—he had a black beard and whiskers—on the 19th he was clean shaved—I had known him before the 14th.
Prisoner's Defence. The statement of using the knife is perfectly false.
GUILTY . James was further charged with having been convicted at Clerkenwell in June, 1869, to which he
PLEADED GUILTY.** MR. POLAND stated that Smith dealt Prior a tremendous blow with a life preserver.
JAMES— Twelve Years' Penal Servitude.
SMITH **— Eighteen Months' Imprisonment and Twenty Strokes with the Cat.
342. CATHERINE CONNOR (45) and CATHERINE CONNOR the younger (17), Unlawfully endeavouring to conceal the birth of two children, of whom Catherine Connor the younger had been recently delivered, to which the elder prisoner.
PLEADED GUILTY .— To enter into recognizances.
MR. MILLWOOD Prosecuted.
CATHERINE CONNOR the younger— NOT GUILTY .
FOURTH COURT.—Tuesday, March 4th, 1879.
Before Robert Malcolm Kerr, Esq.
343. WILLIAM HENRY NOCK (31) PLEADED GUILTY to forging and uttering two orders for 2l. 10s. each, with intent to defraud; also to embezzling 5l. of the moneys of Edward Cogswell, his master.— Twelve Months' Imprisonment.
344. THOMAS PEARCE (40) to forging and uttering a receipt for 9l. 2s. 7d., with intent to defraud; and to embezzling 3l. 11s. 7 1/2 d. and 9l. 2s. 7d., the moneys of Henry Miller Rowe and others.— Four Months' Imprisonment [Pleaded guilty: See original trial image.] And
MR. C. F. GILL Prosecuted; and MR. M. WILLIAMS Defended.
THOMAS CRAMP . I live at 8, Fairbank Street, Hoxton, and am delivery foreman for Messrs. Keeling and Hunt, orange merchants, Monument Yard—on the morning of Feb. 7th there was a sale at their warehouse at No. 9, Pudding Lane—after the sale we had 24 boxes of Palermo oranges for devery to Lee, of Covent Garden; also 40 boxes of oranges and one case of lemons for Mr. Gibbons, of Enfield—my firm employ the orange porters' gang for the purpose of delivery—they carry them out into the vans for the different buyers—no other porters were employed—the prisoner Lake brought
me a delivery order for 41 boxes to Gibbons, of Enfield—he came up to me again ten minutes after, and said he hoped I should let him have them quick, as he had to go to Enfield with them—I dispatched them by the gang for delivery to his wagon—Lee's carman was there; he had an order for the delivery of 24 boxes—I sent out the 24 boxes for Lee before sending out Gibbon's lot—about two hours later in the afternoon I received from Lee's carman, who said he had not received his 24 boxes.
Cross-examined. The sales commence at 11 o'clock by auction—a great many people attend—they are delivered to the persons who have bought in the early part of the day—in the average 200 porters are employed—both these lots of oranges came out of No. 9 warehouse—I delivered Lee's delivery order; it is under my delivery; the order would be brought to me—Lee's carman brought an order—he ought to have waited for the lot to be delivered to him—he ought to have been there to have answered his name—the vanboy is under the carman's direction—the carman should wait outside.
JOHN MURPHY . I am a porter, living at Lambeth Road, Whitechapel—on Feb. 7th I was working in a gang of ten of the orange porters delivering goods for Keeling and Hunt's warehouse to the different vans—I remember receiving some boxes of oranges for delivery to Lee, of Covent Garden—I was the first of the gang to leave the warehouse with a box, and others followed me in a line; when I got into the yard I called out for the name of Lee—Blackman was standing in a van—he said, "What warehouse are you out of? are you out of No. 9?"—I said "Yes"—then he said, "Put them in here"—I called out "Lee, Lee," twice—I put the oranges in, and the others followed in rotation—I carried 3 out of the 24—there were 10 men working—I noticed it was Levy's van—I afterwards delivered another lot to Gibbons—I was not the first porter then—we delivered that lot into the same van—Blackman was there then.
WILLIAM JOHN SEARLE . I am a member of the orange gang—I was one of the gang delivering from Keeling and Hunt's warehouse—I assisted in delivering 24 boxes into Levy's van—I saw Blackman in the van, and asked him if he was at work for Levy—I took a part of Gibbons's lot into the same van.
WILLIAM THOMAS YOUNG . I have been for 14 years a member of the orange porters' gang—on Feb. 7th I assisted in delivering the boxes for Lee into Levy's van—I saw Blackman there—I said, "Is this Matthews's van?"—he said, "No, it's Dawe's"—I understood that to be the other prisoner; I have known him by that name a long time—I also assisted in delivering Gibbons's lot into the same van.
LOUIS LEVY . I am a master carman at Covent Garden—Lake is my carman—on Feb. 7th I gave him orders for 40 boxes of oranges and one case of lemons; he was to take them to Mr. Gibbons's, of Enfield, the next morning; he was to get them from Keeling and Hunt's, 9, Pudding Lane—I was in Fish Street Hill the same day between 3 and 4, just as he was going to start, and I noticed how the horses struggled to get up the hill—I noticed nothing further—they were gone almost immediately.
Cross-examined. Blackman is not in my employ; he goes with different vans; the carman would hire the boy.
MARIA LEVY . I am the wife of the last witness, and take an active part in the management of the business—Lake was our carman; the boy Black-man goes with the carman; we have nothing to do with him—on Feb. 7th Lake returned about 4.30 with his van loaded with oranges—I asked him
who they were for, and he said for Gibbons, of Enfield—he said he had got 41 boxes—I knew he was going to take the van up to the stable to start next day—the stables are about five minutes' walk from our house—when he came back the next afternoon from Enfield I called him off his van, and said some people had been up after him, and if he knew anything about them for God's sake to go down and see about it—he said he did not know anything about them; and I told him to let another man go with the van; I would not let him go until the matter was cleared up—I told him there were about 24 boxes—he came for his money about 8.30—I asked him if he had heard anything of it, and he said they were going to make inquiries—he said he had not had them.
CHARLES WHITBREAD . I live at Enfield Town, and am nephew to Mr. Gibbons, wholesale fruiterer and confectioner—on Saturday, 8th Feb., 40 boxes of oranges and one case of lemons were delivered to us—that was all they delivered—nothing was left in the van.
WILLIAM JOHN MILKS (City Policeman 792). On Feb. 11th, about 8.30 p.m., I took the two prisoners—I told them they would be charged with stealing at Fish Street, on the 7th instant, 16 boxes of oranges—I had been informed it was 16—it turned out afterwards to be 24—I brought them to Seething Lane Police-station—Lake said "We know nothing about it"—Blackman said "We didn't have them"—Lake afterwards said "They have got to prove it"
Cross-examined. One of the porters told me it was 16 boxes.
NOT GUILTY .
JOHN LIDDIAN . I am servant to Mr. Walter Cheeseley, 8, Westrop Villas, Canonbury—on Saturday night, 16th Feb., I shut up the house and closed the windows about 7 o'clock—I went round at 11 to see that everything; was right before going to bed—the following morning I found the top sash of the shutter was broken open and some one had been in and broken open, two workboxes—I found a lot of papers lying about the floor—some had been burnt—3s. 6d. was taken out of a little box, but afterwards we found 1s. on the floor—I identify the table-cover produced—the window had been pushed back, the top sash had been pushed down, and they got in over the shutters.
PHILLIP SCHRIVES (Police Sergeant). On the 16th I examined Mr. Cheeseley'8 house—the catch of the window had been pushed back and some one had pulled down the top sash and climbed over the shutters—three boxes had been opened and an attempt had been made to force open a door leading to another part of the house—the window opens into the front garden—some one had been to the back and tried to get in, and had then come round to the front.
WILLIAM THICK (Detective). I was on duty at half-past 6 on Sunday evening, 16th Feb., in Commercial Street, and saw the prisoner with another man—as he appeared bulky, I stopped him, and asked him what he had about him—he said "Nothing"—I told him I believed he had—I took him by the collar and unbuttoned his coat, when this table-cover fell down under my feet—I asked him how he accounted for possession of it—I asked who
gave it to him—he said the other man gave it to him—I told him I was a police officer and should take him in custody for unlawful possession of it—he resisted violently, and I got him to the station with difficulty—when charged at the station he said, "I picked it up at Spitalfields Church, and was going to bring it to the police-station"—the other man escaped.
Cross-examined by the Prisoner. When I said "What have you got there?" you said "Nothing"—I was not in uniform—when I caught hold of you you resisted, and the thing fell to the ground—I stood upon it—I unbuttoned your coat by the collar, and said "What have you got here?"—you did not say "What is that to you?"
The Prisoner's Statement before the Magistrate. "Coming round Spital-fields Church out of George Street, at 20 minutes past 6, a man ran round, and I saw him drop this thing. I stood still a moment to know what to do, and I picked it up, and a man passing I asked his opinion what I should do, and he advised me to have nothing to do with it. I said I should take it to the station, and being Sunday night I didn't like to carry it openly, and put it under my coat, and at a stone's throw from the station I met the constable, and he asked me what I had got, I said what was that to do with him. He took me by the collar and said that I had something that did not belong to me, and not knowing he was a policeman I resisted him. He said then that he was a policeman, and I said I was going to take the thing to the station, but as he was an officer I would go with him, and I went. At the station I told them I picked it up, and said nothing about a man giving it to me."
The Prisoner in his Defence made a similar statement, adding that if the witness saw a man with him it was the man whose opinion he asked.
NOT GUILTY .
CHARLES AUGUSTUS MACKNESS . I keep the Railway Hotel, Church End, Finchley—on the morning of 24th Feb., between 5 and 6 o'clock, my bell was rung by a constable—on searching the house with him I found the prisoner under the bed in the best bedroom on the first floor—this was a spare room—she had a shawl and a new blanket—the wardrobe had been disturbed—she had evidently fetched the shawl out of it—the blanket lay on the bed—she was in my house on the Saturday evening previous—no one had seen her there on the Sunday.
Cross-examined by the Prisoner. You were not wearing the shawl—you had it doubled up—there was a large basket of dirty linen under the bed—you had nothing on that belonged to me that I know of—I had a large stick in my hand when I came up the passage—I could not have said at the police-station that nothing was disturbed, because I had not had time to make a search—your case was detained until I went back and made a thorough search of the premises.
JAMES PHILPOT (Policeman S 160). On Monday, 24th February, I was on duty near the hotel about 5.30—I saw a light in the front room, which used to be the nursery—I thought it strange—I saw the light going into the coffee-room—I looked through the keyhole, and saw the prisoner come and put
the light on the table in the hall—she seemed to be carrying something—she came through the swing glass door to the outer door and lifted the bolt—I was standing there, and she hearing me went back and blew out the light—we rang up Mr. Mackness and searched the house—I said "Here is somebody under the bed"—there was a basket under the bed which helped to conceal her—I called her out, and she came out—we found these shoes under the bed with the shawl and the blanket—they were her own slippers she was wearing—here are the shoes she had on—the wardrobe had been all upset—I had seen the light from the railway bridge—I could see the glass doors open—I saw a shadow—the blinds were not down—she had a light standing in front of the glass, and on opening the wardrobe doors the shadow was on the window.
Cross-examined by the Prisoner. I could see the reflection—there were long white curtains, but not over the glass; they hung to the side—you were not coming out from under the bed; we had to pull the basket of linen out before you came out.
WILLIAM BARKER (Policeman S 222). I went over the house with the last witness, and I corroborate what he says—I did not go in the room where the prisoner was—she was given over into my custody outside the house—I said "How came you to be in the house?"—she said "I came up from London last night, and was drinking at the bar with a man, and how I came to be in the house I do not know"—she was quite sober.
The Prisoner put in a written defence, stating that she lost the train home from Finchley, and a young man gave her some whisky, stating that his father was the landlord of the hotel, and offered to pay for a bed for her; that she drank several times, and remembered nothing till she found herself on the bed next morning, and that she got under the bed because the was frightened. She denied stealing the goods.
GUILTY . She was further charged with having been convicted of felony at Oxford in October, 1873, to which she
PLEADED GUILTY.— Ten Years' Penal Servitude.
MR. FULTON Prosecuted.
CHARLES TILT WIGZELL . I am a warehouseman at Mr. Wilson's, Wood Street—the two prisoners were employed there to drive travellers' traps—in consequence of instructions, I was secreted in the first-floor warehouse on the evening of 21st February—neither of the two prisoners had any business on that part of the floor—I saw them there together on that evening at about 7.20 or 7.30—they came towards a box about four or five feet from where I was hiding—Attfield opened the box and took out five or six feathers—while doing so a young lady came downstairs—Eykelosch gave some words of alarm like "Stand by!"—Attfield then dropped the feathers on the counter, and they stood still till she had gone downstairs—Attfield took up the feathers again and went to the other end of the warehouse, placed them between two boxes, and went downstairs, and Eykelosch went upstairs—I then came out from my hiding-place—I was present afterwards when the prisoners were charged—I went back to the first floor with Attfield, and took him to the box from which he had taken the feathers, and showed him what I
had seen him do, and then round to the feathers, and asked him what he had done with them—he said "Well, you know all about the feathers; I took them, and he (Eykelosch) knows all about it"—these are the feathers (produced)—I placed them in this box, and took them to the station to Sergeant Stroud.
JAMES STROUD (City Police Sergeant). I produce the feathers—on Feb. 21st I was called to Mr. Wilson's warehouse, and the prisoners were given into my custody—I charged them with stealing 5 feathers—they said it was false—I took Eykelosch to the station—on the way he said, "What do you think I shall get for this? I said to my mate, 'I should like a feather,' and Attfield said, 'I'll get you one'"—on the way to the Justices' room next day he said, "We wanted a feather each, we were going to give one to the girl."
ROBERT FALKNER (City Policeman 140). On Feb. 21st I took Attfield—I was with the sergeant—on the way to the station Attfield said, "We only wanted a feather each"—on the way to the Justice room the next day he said, "I do not think they can do much with us for this;" and directly after, "What do you think we shall get for this?"—I said, "I don't know."
Attfield's Defence. "We are not guilty; we are quite innocent."
Eykelosch's Defence. "I am innocent."
GUILTY. Recommended to mercy by the Jury on account of their youth .— Twelve Months' Imprisonment each .
350. JAMES WILLIAM PARKER (63) , Unlawfully obtaining by false pretences from Ernest Joseph Schuster 2l. 2s.; and from Herbert Tritton and others 2 securities for payment of money, with intent to defraud.
MR. STRAIGHT Prosecuted; and MR. C. W. KENNEDY Defended.
ERNEST JOSEPH SCHUSTER . I am a merchant of 90, Cannon Street—the prisoner called on me on Oct. 15, and said that he came on behalf of the Metropolitan Water Supply Association, the object of which was to compel the water companies, by means of action in Parliament, to give to the whole of the metropolis a constant supply of water, and also a better quality of water than they gave before—he produced a petition to Parliament for that object—I looked at it, and found several names of friends—he also produced a book containing a list of subscriptions and donations received, and said that Professor Fawcett and Mr. Forster were going to take it up, and advocate the scheme in the House of Commons—he asked me for a subscription, and believing his statement I gave him two guineas—I asked for a receipt—he hesitated as first, because he had no forms in his pocket; but be found them, and signed this receipt in my presence: "Metropolitan Water Supply Association. Registered Offices, 3, Little Queen Street, Westminster. London, Oct 15th, 1878. Received of Messrs. Schuster, Son, and Co. two guineas donation. James W. Parker, secretary."
Cross-examined. I had not heard of this Association before—I thought the scheme a good one—it is a common custom for people to come representing associations and collecting subscriptions—the prisoner hesitated before signing the receipt, because he said he could not find a form—I did not hear him say, "I hope and trust Mr. Forster will support this bill, and permit his name to be put upon it"—I cannot say if he used those words.
WILLIAM EDWARD FORSTER . I am one of the members of Parliament for the borough of Bradford—I have no knowledge or recollection of the prisoner—I can say positively I never promised to support or introduce any Bill in reference to the Metropolitan Water Supply Association.
Cross-examined. I have not heard of the Association—I have taken no interest in the question of water supply until recently—I think last session there was a Bill—I am not sure—there was a Bill promoted by the Metropolitan Board of Works.
JOSEPH HERBERT TRITTON . I am a member of the firm of Barclay, Bevan, and Tritton, 54, Lombard Street—the prisoner called on me on July 9th, 1877, and told me he represented the Metropolitan Water Supply Association, and requested a subscription—he had stated on a previous occasion that the object was the ensuring a constant and pure supply of water throughout the metropolis—he said he was secretary and collector—I gave him two guineas—he gave me this receipt (Read)—I believed him to be the secretary and authorised to receive subscriptions—he called again on Jan. 16th, and produced a collecting-book, and said, as before, that he represented the Association—I gave him five guineas for myself and firm—that is his receipt (Read)—he called again, I believe, in December last, with a petition which he wanted me to sign—in consequence of matters coming to my knowledge I communicated with the Charity Organisation Society, and arranged for the prisoner to call again on a subsequent day, when he was taken in custody.
Cross-examined. I had no reason for a long time to doubt that it was a perfectly genuine case—I have known that the Association has been in existence for some years.
Re-examined. I knew it to be in existence seven or eight yean ago—the defendant called it to my attention then—I believed it to be still in existence when he got these subscriptions from me.
JOHN LANGLEY . I am cashier to Anthony Gibbs and Son, 15, Bishops-gate Street—in July, 1877, the prisoner called there—I knew he had received a cheque from Mr. Gibbs in 1876 for 5 guineas as a donation to the Metropolitan Water Supply Association—he represented himself as the collector for that association—I think he said he called for the promised subscription to the Metropolitan Water Supply Association—I gave him 5 guineas—this is my cheque—I believed he was the collector, and authorised to receive subscriptions for that association, and that there was such an association—on the 20th March, 1878, he again applied for the subscription, and I gave him this cheque (produced), for which he gave me this receipt—I asked if I should cross the cheque, and he asked me to cross it "The Cheque Bank."
Cross-examined. Mr. Gibbs has only subscribed three years, as far as I can see—I have looked up the books, and cannot see any subscription before that—I have been there 15 years—Messrs. Gibbs have not taken proceedings—they believed it was a bond fide transaction as we knew nothing to the contrary.
SAMUEL HAYMAN . I am a clerk in the office of the Registrar of Joint Stock Companies, Somerset House—I produce the file of papers relating to the Metropolitan Water Supply Association, Limited, a society limited by guarantee, and registered in February, 1867—the first offices were 2, Breams Buildings, Chancery Lane; the next 18, King's Arms Yard, 1871; the next
96, Warner Road, S.E.—on the 3rd December the registered offices were alleged to be at City Chambers, Railway Place, Fenchurch Street—the notice of the change of address then is signed "James William Parker"—the object of the company was "To obtain an Act of Parliament to make better provision for regulating the supply of water to the Metropolitan districts, and to doing all such other things necessary to the obtaining of the above objects"—the guarantee was, that every member should contribute "such amount as may be required not exceeding 20l."
THOMAS WALSH . I am an oil and colourman, of 3, Little College Street, Westminster, and have lived there nearly two years—the Metropolitan Water Supply Association did not have offices there in October last—I know of no such association.
Cross-examined. I am not the owner, I only rent the house.
WILLIAM BARDWELL . I live at 4, Great Queen Street, and rent the whole of the house—I have resided there more than 30 years—there was never any office there of the Metropolitan Water Supply Association.
Cross-examined. I knew Mr. Cave, solicitor—he is dead—he was alive last year—he had part of the house for about two or three months.
JOHN JACOBS . I am housekeeper at the City Chambers, Railway Place, Fenchurch Street—I have been there two years and seven months—there is an office there of the British and Foreign Bank—in December last the prisoner had a seat in the office of that bank—he last came there about five weeks ago—there was a bit of board with a paper upon it with the name "Metropolitan Water Supply Association" at the entrance door and on the door leading to the office—the prisoner put it up.
Cross-examined. It was put up when he first went, and remained up the whole time he was there.
JOSEPH HOULTON . I am a coffee-house keeper at 31, Norton Folgate, and have lived there three years—the prisoner occupied a back bedroom there, on the third floor, in August, 1877, at 2s. a night—there were no offices there of the Metropolitan Water Supply Association—he left owing me 35s., and gave me this I O U (produced).
Cross-examined. He lived with me about a month, part of July and August—he told me he was connected with this association, and as the Water Company had made me a charge of 3 guineas a quarter, which was about three times what it should be, he said he would get it reduced, but as he could not do so, he said he would only charge me 2s. 6d. for the cab to his solicitors—he may have had letters, but very few.
JANE JOHNS . I am wife of Henry Johns, 96, Warner Road, Camberwell—the prisoner lodged at our house 10 or 11 months last year—he had a small top room at 4s. a week—no Metropolitan Water Supply Association was carried on there—he said he was collecting the water rates, and he used to do a good deal of writing—he left some time in September.
Cross-examined. Some gentlemen came to inquire for Mr. Parker, and asked for the offices of the Metropolitan Water Supply Association—I told them there was no office there—he never mentioned the association to me—I said before the Magistrate that he was collecting for a water company—that is what he told me—when they came to ask for the offices of the Water Association I told them there was no such thing there.
Longville Road, Kennington—he paid in money from time to time—on or about the 19th July the cheque marked "D" was paid in to his credit and cleared in the ordinary way through the Bank of England on 20th March, 1878—this cheque marked "E" was paid in to his credit, and also this cheque dated April, 1876—I know his writing—it is endorsed in his writing "J. W. Parker, Secretary"—the Water Supply Association never had an account at our bank.
Cross-examined. When he opened the account he described himself as a gentleman—we understood him to be, afterwards, secretary to the Metropolitan Water Supply Association.
THOMAS BRETT (City Detective Sergeant). I apprehended the prisoner on a warrant at Barclay's Bank on 5th February—I read the warrant—he said, "Yes, I have had 2 guineas from Mr. Schuster"—I took him to Bow Lane Police-station, searched him, and found this letter ("L").
Cross-examined. I found a quantity of papers upon him, all relating to the Metropolitan Water Supply Association—I found this bill, "Companies Act, limited by guarantee, Company divided into shares," and so on; also this Act of Parliament. (Two printed documents were put in headed, "Metro politan Water Supply Association. Offices, 18, King's Arms Yard, City. President, John Mee Matthews, Esq., Barrister-at-Law, Gray's Inn, E.C.; vice-president (Erased); secretary, Mr. James Wm. Parker, 26, Wynne Road, Brixton. Bankers, Union Bank of London, Temple Bar Branch, Chancery Lane, E.C." Then followed a list of subscribers, with amounts of donations.)
GUILTY .— Eighteen Months' Imprisonment.
MR. FRERE Prosecuted; MR. PUROELL Defended.
WILLIAM GERMAIN . I am a printer, of 11, Landseer Boad, Holloway—I was in Smithfield Meat Market on Saturday evening, February 15th—there was a crowd there—I felt something inside my coat—I put up my hand and caught the prisoner's hand with my chain in it—my watch was gone—my watch and chain were safe 10 minutes before—I held the prisoner till a constable came, and then gave him in charge.
Cross-examined. It was about 8 o'clock, and there were a good many people there—I had been there about 10 minutes—I came from Farringdon Street Station, from a railway journey—I was walking along one of the avenues—I said before the Magistrate my chain had been in a proper condition and position a quarter of an hour before—I could not say to a minute—I caught it in his hand, and he dropped it—one end was attached to my buttons, and the other hanging loose—I did not recover the watch—a man at the back was making a noise, that caused me to turn ray head—I did not hear the prisoner say anything—I caught his hand, and did not let him go till the constable came.
Cross-examined. I had been walking with him about ten minutes—there was a crowd—the place was lighted with gas.
charge by Germain on the 15th February, about 8.10, and charged with stealing a watch—I searched him, and found 7s. 1 1/2 d. upon him—I said, "Are you sure this is the man who stole your watch?"—Germain said "He is, I saw the chain fall from his hand."
Cross-examined. When charged with the offence, he said, "You have got the wrong man."
NOT GUILTY .
OLD COURT.—Wednesday, March 5th, 1879.
Before Mr. Justice Hawkins.
MR. PURCELL Prosecuted; MR. M. WILLIAMS Defended.
RICHARD TREADAWAY . I am the son of deceased, and live at Red Lion Yard, New Brentford—on Monday, 6th January last, I was at home between 5 and 6 p.m.—my father came home an hour before mother, who remained at the Catherine Wheel public-house, where they had been drinking together—he went back an hour afterwards to fetch her, but she remained, and he went again, and persuaded her—she came home—I made tea for her, and while having tea they had a few words, and mother aggravated father—they were both very much intoxicated—he slapped her face twice, and struck her a slight back-handed blow on the stomach, about the navel—she was sitting in the chair, and fell out twice—she was so intoxicated she could not hold herself up in the chair—she fell out of it the first time he slapped her face—I picked her up and put her in the chair—she remained sitting in the chair when he slapped her the second time—she fell out of herself the second time—that was before he struck her on her stomach—she then went to bed—in the middle of the night she complained—my father was then upstairs—he went up about a quarter of an hour after her—I was not at home at 6 a.m., when my aunt Maris Cornish came—my mother also fell down twice as she was coming home.
Cross-examined. My father and mother had been down to Collier's public-house, and mother remained behind—father went down to her a second time, and she refused to come home—I succeeded in getting her home, but on the road she fell three times—I was in the room until mother went to bed—I do not know what they were quarrelling about—I have told you all that my father did to her—there was no kicking.
By the COURT. I was examined before the Magistrate—she fell out of the chair herself the second time without any blow—my father struck her below the chest, but it did not knock her on to the floor, nor did I say so before the Magistrate—I cannot write—she remained in the chair when he struck her in the stomach—she complained of pain in the stomach in the middle of the night—I can't say that that was where father hit her the back-handed blow—she became insensible just before 6, and father put her feet in hot water—my father did not hit her the back-handed blow on the chest; it was on her stomach—that did not knock her over on the floor.
The witness's depositions stated: "The prisoner struck her on the chest with his hand a back-handed blow; the blow knocked her on the floor."
ELIZABETH HUTCHINSON . I live in Red Lion Yard, seven or eight doors from the prisoner—on Monday, 6th January, I heard a disturbance at the prisoner's house—it was past 6 in the evening—I went to see what it
was—I did not go inside—there was a lamp burning, and I could see into the house—Mrs. Othens was with me—I saw the boy Richard pick his mother off the floor, and sit her in the chair—the prisoner was standing by the fireplace—he shoved her out of the chair again with his fist—he struck her on her shoulder, and she fell on the floor—he struck her twice on her face while she was on the floor—she did not get up—I did not see any more, I ran away to my baby.
Cross-examined. I was looking through the window—Richard Treadaway was there all the time—I could see what people were in the room—the boy John, who is a cripple, was there, and the deceased and the prisoner and Richard—I did not see young Tom Treadaway there at all—there was a lamp on the drawers, and if Tom had been there I must have seen him—I did not see any kicking.
THOMAS TREADAWAY . I was 13 years old last birthday—I was not at home on 6th January when my mother came home—I came home when my brother did; we had been out "cokeing," picking up coke at the gasworks—I came home between 8 and 9—I had been to an entertainment at the schools—my father and mother were both in bed then—my brother the cripple was 19 last birthday—he is not here, he cannot get out of bed.
JOSEPH WILLIAMS . I am a registered medical practitioner, of Brentford—on 8th January I saw the deceased; she was suffering from bruises on the abdomen and side of her face, and from shock—there was a large bruise to the right of the navel; that was the only bruise on the abdomen—she was very weak and in danger for some days; she partially recovered, but subsequently took fever, from which she died—I made a post-mortem examination, and found one bruise on her abdomen and two on the side of her face—the bruises had nearly healed, and there were no signs of inflammation from them—she vomited a great deal before she died; that was due in the first place to the blow on the stomach, and in the second place to the fever—the bruise was about two inches to the right of and below the navel—the prisoner was not present on the first day I saw her.
Cross-examined. The fever set in on 20th January, and she continued to suffer from then to the day of her death—there was an abrasion of the skin over the bruise on the abdomen, and slight inflammation of the bowels at one part, but not where the bruise had been—I made inquiry of every possible cause of fever, and found that she had been sucking during the week, ice obtained from the River Brent, where the water is impure.
By the COURT. She was very weak and in danger for some days; that was from the injuries—it had nothing to do with the ice—I attributed the typhoid fever to the ice, being unable to find any other cause for it—there was paralysis of the bladder during the first week, which I attribute to the injury on the abdomen, which might be occasioned by a blow.
JAMES ROBINSON (Police Inspector T 8). I am stationed at Brentford—on 8th January the prisoner was brought there by a constable, who is too ill to come here, and who was too ill to go to the police-court—I read over the charge to the prisoner; it was violently assaulting his wife—he said "I am very sorry; I was drunk, or it would not have happened"—I was at the police-court on the two last days.
GUILTY .— Five Years' Penal Servitude.
MR. GBOGHBGAN Prosecuted; MR. DARCY Defended.
THOMAS JOHN PHILLIPS . I live at 1, Diana Place, Euston Road, and am proprietor of a lodging-house at 6, Market Street—the prisoner lodged there with his wife and three children—they only had one room—on 3rd February, about 10.30 p.m., in consequence of information, I went to his room, and saw him sitting on the table—I went in and said "Cain, what is this I hear about you? what are the children afraid of?"—he said after a while, "I will confess as I done it; the child is on the bed"—I looked at it; it was covered over; Lockwood, I think, raised it, and I observed a cut at the back of the neck—it was bleeding—I fetched a constable—I have noticed the child, and know that it was one of the prisoner's children, but do not know its name.
Cross-examined. The prisoner has been my tenant about three months—I always thought he was on good terms with his wife; when I went up for the rent on Saturday night they seemed perfectly happy together, and very fond of the children—I had not seen her for a fortnight before that, but was not aware that she had left him; he evidently kept the thing very secret—he appeared to be in his usual state—he was sober—he used occasionally to drink half a pint of beer, but I never saw him drunk.
GEORGE ABBOTT (Policeman E 435). On Feb. 3rd, about 10.30, I was called to the prisoner's room, and saw a child lying on the bed bleeding from a wound in the neck—the prisoner was in the room, and I said to the land-lord, in his hearing, "Who has done this?"—he said, "Her father"—Towns-end and a little girl were also in the room—I said, "Where is her father?" the prisoner stepped forward and said, "I am her father, I done it"—he then walked to a chest of drawers, pulled open the top drawer, pulled out this knife, and said, "And that is what I have done it with; it is all through my wife"—I said, "I shall have to take you in custody"—he said, "I know you will"—on the way to the station he said, "I thought my wife would fetch the children away, and sooner than let her have them to live with that man I thought I would rather settle them; I intended to do it"—I made this memorandum directly afterwards—I took him to the station; the charge was read over to him—he hesitated a moment, and then said, "I am guilty"—the doctor attached to the station examined him.
HENRY FRAZER STOKES . I am house-surgeon at University College Hospital—a child aged 4 years was brought there at 11 p.m. by a constable—it had a small wound on the side of the neck under the ear, about an inch long and half an inch deep or a little more—this knife would do it, but it was not a sharp-cut wound.
Cross-examined. I did not see the prisoner that evening—the wound was within an inch of the large vessels of the neck—the child was under my care between 2 and 3 weeks—the wound was almost healed when she was discharged—I have not seen her since.
The Prisoner's Statement before the Magistrate. "I am very sorry for what I have done. I was under the influence of drink at the time, and my trouble preyed upon my mind."
GUILTY. Strongly recommended to mercy by the Jury. (The Prisoner stated that his wife had been criminally acquainted with a bricklayer for the last 3 years, and had at last deserted him and his children, and taken away the furniture when he was away at work; that he had seen her on the day in question, and what she told him had preyed upon his mind, and caused him to take too
much drink, and that he did not recollect what happened, and was too fond of the child to injurd it.)— Ten Years' Penal Servitude.
MESSRS. GRAIN and RAVEN Prosecuted; and MR. M. WILLIAMS Defended.
JULIUS URBACK . I am manager of the Hoop and Grapes, 112, St. George Street, East—last Sunday 3 weeks, about 10 p.m., the prisoner came in with the deceased, who I knew as Big Annie, but they called her Bandy Annie, and two or three other women—I did not know the prisoner before, but had seen the deceased many times—she asked the prisoner to treat her—he said, "I shan't treat you, you robbed me quite enough this afternoon, and I won't treat you; but after all you hare not got all the money from me, I have got some more left;" and he put his hand in his waistcoat pocket, brought a piece of gold out, and put his band in his trousers pocket and pulled some silver out and said, "See, I have got some more left, and I shan't treat you, I would rather kill you"—he entered into conversation with 3 or 4 gentlemen in the same box, and he treated them with a pot of ale, which I served; and after that he fell into conversation with one of Collins's brothers—the deceased then asked him again to treat her—he said "No"—I said to her, "Annie, if I were you I would run away from him as far as I can; he wants to kill you; he has got a razor in his pocket"—he could hear that—she said, "Oh, I don't care for him, he is nobody," and aggravated him very much—he wanted to go out, and she tried to pull him back, and 2 or 3 girls pulled him back, and he would not stand it—they were the girls who came in with him, and another—two of the girls said, "Will you treat me, then?" he said, "Yes, whatever you like to drink"—she called for a quartern of brandy, which I served, and he paid for it—afterwards the girl wanted to take the brandy, but the deceased took it, poured it out, and treated all the men who were in the bar—after it was empty she said, "Well, that is for you, old man," and put down the empty glass and the measure, and the girl who called for the brandy said, "Well, old man, I thought you were going to treat me"—he said, "I have"—she said, "I have not got anything for it;" and he called for some more, not for the deceased, but for her other friends—she called for two glasses, and he paid for them, and said to the other girls, "You are satisfied now, old girls?"—they said "Yes"—he wanted to go out, but before he got to the door the deceased caught hold of his coat, and pulled him back again—she said to me, "Good night, Tom, I shall see you to-morrow about this time"—he said to me, "What is the time now, governor?"—I said, "10.30"—he said, "Don't wait for her to-morrow, she won't be alive by this time"—that was all the conversation—the prisoner left, and the deceased followed him—the other giris stopped a minute or two in the bar, and then followed them, and I saw no more—theywere in the house about half an hour, I can't say exactly—the prisoner had nothing to drink in my house, and I think he was sober.
Cross-examined. The Hoop and Grapes is in Ratcliff Highway—there is only a music licence, they do not dance there—it is a concert-room, and is much frequented by sailors and women of the town—in my opinion the prisoner was sober—I said before the Magistrate, "He looked as if he was not sober, but he was not drunk"—I could not call him drunk—I know that I ought not to serve people when they are drunk, it is against the
licensing laws—I did not follow them when they went out—when called my attention to the time and said that she would not be alive I did not go out—I do not know where the deceased lived, but I knew her as very often coming there—he tried more than once to get away from the woman and leave without her—when she asked him to treat her lie said "You have already robbed me to-day of 2l. you robbed me of 2l. this afternoon, you have got quite enough out of me"—I did not hear luni say "You have robbed me ever since I left the ship"—they were in the public-house half an hour, or longer—I did not hear all the conversation because I was serving in the bar—I heard nothing said about her having his coat and pawning it, I have told you all that I heard in the half hour.
WILLIAM COLLINS . I was at this public-house on Sunday evening, 9th February, sitting in a side box with three other men—the prisoner and the deceased were there, and the prisoner came over towards where I was sitting and said he would put her to sleep—nothing had been said before that, only they went to the bar and had a drink—he still kept talking after that and said that he had an instrument for the purpose, and afterwards he made the sign of the cross on his chest, saying that he would do for her—he afterwards put his hand in his jacket pocket, and pulled out the case of a razor like this (produced)—he took off the cap of the case and 1 saw that there was a dark-handled razor in it; he then put the cap on again, put it into his jacket pocket, and commenced singing and dancing—there was no singing going on in the bar or behind—there is no music of a Sunday night—when he put the razor in his pocket he looked at the clock and said it is getting late, and he went towards the door, saying to the woman "Are you coming home?"—he was going out of the door and she pulled him back, axing him for 6d. to treat her chums—he said he would not give it to her—he was going out again, and she went and dragged him back a second time, saying again "Are you going to give us 6d?"—he said "No"—she put her hand in her pocket, pulled out 6d., and held it in the corner of her eye, squinting and aggravating him, and then he put his hand in his waistcoat pocket and pulled out some silver and put it in again—he then put his hand in his watch-pocket, pulled out half a sovereign wrapped in paper, and held it up in front of her, saying, "You have many of them stored by belonging to me, but it will not be for long," and then he started a dance again, and then the prisoner and deceased left—they both seemed to have some drink in them, but they were not drunk; she was drunker than what he was—I saw no more of them.
Cross-examined. I left the Hoop and Grapes at 10.35—I did not take much notice of what they had to drink—I was sitting on a sack—they both drank spirits—I know Tom, he was serving at the back of the bar—I live in the neighbourhood, in Hoopack Place, Capel Street—I have often seen the deceased come into the Hoop and Grapes—I am engaged there as an American song and dance artist—I am professionally retained there at night—there is a long concert room at the back, and there is singing and dancing, but not on Sunday nights—I was there on this Sunday night getting refreshment, not professionally—after he made the sign of the cross he commenced to dance and to sing, but the woman did not—I have not said to-day that they both danced and sang—I never said so.
JOHN KUBSTEN . I keep the White Swan, Shadwell—I knew the deceased as a customer—on Monday, Feb. 10, between 1 and 2, about 1.30, she came in with the prisoner—she had some rum hot, and the prisoner had a bottle
of lemonade—he paid for it—I heard no conversation between them—after he treated her he wanted to get away from her, and she would not let him—she was always between him and the door, and she would not let him go out of the house—she kept him a long time, and hi said, "For God's sake what do you want? I have treated you, let me go"—I put my hat on the counter—she saw that I looked at her, and they both went out together—they were in the house about 10 minutes.
Cross-examined. I said before the Magistrate and the Coroner, "She was aggravating the man so much that no man could have stood it," and that is what I repeat now—the prisoner tried all he could to get away from her; he was, as far as I could see, endeavouring to get away all the time after he drank his lemonade.
SARAH ANN HIND . My husband keeps the White Hart public-house, Shad well—on Monday, Feb. 10, a little after 2 o'clock, I was behind the bar, and the prisoner came in with the deceased—she asked for two glasses of hot rum, which I served, and she put down the money—when I took the rum to her the man was holding out his hand, saying to her, "Give me the money, or it will be worse for you"—he repeated that several times"—one man came in, Mr. James—after the prisoner had repeated that several times I went to him and said, "Please don't make a noise here"—he said, "Don't be afraid, I am not going"—he then asked her to give him 5s., saying that it would be worse for her if she did not—she did not say anything, but called for two more glasses of grog, one of which was for Mr. James—she pressed the prisoner very much to have a glass, but he would not—he said, "All I will have is a kiss," and he gave her a kiss; after which she said, "We are all right now"—he said, "Give me 2s., and you may have the rest"—she said, "Come home and I will give you the whole"—I went to him and said, "Go home, and she will give you the money"—he said, "Come along, let us go home"—she did not say that she would not go, but she told him not to be in a hurry—he still remained, and she pressed him again to have a drink, and he had a bottle of ginger-beer—he still kept asking her for the money, and repeating that it would be worse for her if she did not give it to him—he drank the ginger-beer while I was looking at them, and gave her another kiss—my head was only turned two seconds or perhaps a quarter of a minute, and on turning round I saw him with a razor in his hand, and he pressed it to her throat, and she turned round, opened the door, and ran out of the house.
By the COURT. There are three doors to the house, and she fell within the two doorways—she went out of the house into the street—I did not see her afterwards—I did not notice anything as she turned, I was too paralysed—I cannot say whether the prisoner went out after her, but they both went out of the house.
By MR. GRAIN. He came back again about a quarter of a minute afterwards, and said, "It is not my fault, Ma'am, she should have given me the money"—I made no remark; I could not speak; I was very upset—after making that remark he went out again immediately, and I heard no more till I went before the Coroner—I saw the razor in his hand at the moment, and saw him press it to her throat.
Cross-examined. They were at my house about 2.15.
about 2.15—my house is very nearly opposite—I saw the deceased—she was then dead—I found a clean deep incised wound on the left side of her neck, dividing both jugular veins, and also the common carotid—the windpipe was partially divided as well, and the wound extended slightly to the right side—the wound had caused death—this razor is a very likely instrument to have caused the wound.
WILLIAM KEDGLEY (Policeman K 263). On 10th February, about 2.10, I was in High Street, Shadwell, received information, went to the White Hart into one of the bars, and saw the deceased on the ground with her throat cut—she was scarcely dead—there was a very slight movement of the body—the prisoner was standing outside the house alone, not detained by any one—he was pointed out by Mr. James—I went up to him and told him I should take him in custody for cutting the deceased woman's throat—he said "Yes, I did it because she robbed me of my money"—I said "Where is the weapon you did it with?"—he said "I did it with a razor; I have thrown it away"—on the way to the station he said that the razor was in his pocket, and handed me this razor from his pocket; it was out of the case—he gave me the case from another pocket—there was some blood on his right hand—the girl went by the name of Lucy Graham—I knew her as walking the streets in that neighbourhood—he was charged at the station.
Cross-examined. I heard that he had slept at a brothel with the deceased for three nights at 8, Palmer's Place, kept by Mrs. Meeney—his discharge was found on him; the inspector has it—I did not search him, nor did the inspector in my presence—I do not know that he complained of being robbed before that day by the woman—he said nothing more than I have stated—he said nothing about the loss of his coat.
Cross-examined. I have not been able to ascertain how long the prisoner has been ashore—I found his discharge; here are a number of them here—I have not been able to glean from them that he is an American, but he told me that he is a native of Virginia—according to the certificate his character is good.
Cross-examined. She did not sleep at my house on the Saturday night—I have nothing to do with this whatever; I have not seen her to speak to three times in five years, and have only been called to tell her name—she did not lodge with me—when I was examined I said "She lived with me six years," but that is eight years ago, and she left me to go to Dublin; it is more than eight years ago—she went from Devonshire Street to Dublin—she was not living with me at that time.
GUILTY .— DEATH .
NEW COURT.—Wednesday, March 5th, 1879.
Before Mr. Recorder.
MR. DANIEL Prosecuted; MR. GILL Defended.
am a political refugee—I carry on business at 3, Cross Lane, St. Dunstan's Hill, under the style of Shetland and Co.—in December last Mr. Ginies introduced me to the defendant at his office, 17, Tower Hill, in reference to the sale of some wine at 8s. 6d. per dozen; I had a sample, and about 23rd or 24th December I agreed to buy 200 cases of it at that price, and to give Mr. Tracy 20l. cash and the balance in two months—I took the 20l. a few days afterwards to him—he put it in his pocket, and was about to give me a delivery order, when I said "It is not right; I should prefer your giving me the warrants"—he said "No, it is not the custom; I give no warrants"—I said "No, I prefer a warrant"—I then insisted on a warrant, but he refused, and I accepted a delivery order—he said he had no time to accept a bill then, but would to-morrow, and would then give the invoice—I thought the delivery order was equivalent to a warrant—this is it (produced)—I saw him write it—I immediately went to the British and Foreign Wharf, Lower East Smithfield, named in the warrant—I gave the delivery order to a clerk there to make a transfer of the wine to me—he searched in a large book for some minutes, and then returned the order to me, and said "It is a dummy delivery order"—I did not understand what dummy meant, and said "You write on the delivery order what you said to me"—he wrote on it "Particulars incorrect"—I was unable to obtain the delivery of the wine, and have never had it—I returned to the defendant's office, and saw his brother-in-law, who said that Mr. Tracy was not in—I went the next day at 11 o'clock, and his brother-in-law said that he was not in—I went again at 3 o'clock, and a clerk told me Mr. Tracy was not in—I made objection, and he said "If you will not go out I will eject you"—I left, and went to my solicitor next day—I had asked the defendant for the wine or my 20l. back.
Cross-examined. I have passed by the name of Shetland for 18 months, and have been in England three years—I have not seen Ginies for two months—I do not know that he left London suddenly—I knew him for three months before last December—he dealt in coal—last winter I bought vine in large quantities—I deal in fish also in Billingsgate Market—I am a commission agent—I went with Ginies the first time he went to see the defendant—I do not know that Ginies bought some wine of the defendant—I am not sure that the writing on this cheque (produced) is Ginies's—I have seen letters from Ginies—these letters (produced) are not in the same writing—I have known Craig and Co. for 12 years—I do not know that Ginies had given the defendant a cheque for some wine and that it had been dishonoured. A letter from De Ginies, of Lower Thames Street, to the Defendant, dated 2nd January, 1879, was here put in, acknowledging the receipt of invoice: also the following letter addressed to De Tracy and Koch: "January 3rd, 1879. My letter under date 2nd instant being unanswered, I come to confirm it by this post. First, I claim from you my cheque, as you are paid in full. Second, I only owe you but 12l. 12s. 6d. for the two casks of wine you sold me, and not 17 cases that you put to the debit of my account; and that I did not buy from you, and that you have never delivered to me. You will have to reimburse me on the 20l. that I have paid you for the 200 cases of wine; for which you gave me a bad delivery order; but if you did not mean to do it, it would have been much better to say so than to put difficulties in the way (delivery order not stamped). Believe me, although you have declared before witnesses that I was a swindler and a
thief, give me back what you owe me by return of post and have done with it, it will be better for you. You must give me back 7l. 7s. 6d. and my cheque, and we shall be quits. I expect it by return of post. Yours, &c. L. G. De Ginies. P.S.—I keep copy of this.") I told Ginies he was in conspiracy with Tracy, and that the delivery order was no good; he said "Oh, it is not my fault, it is the fault of De Tracy"—the Magistrate at Thames Street Police-court, on the 13th January, dismissed the case—Ginies gave me the sampling order in the defendant's office—I went with him to the defendant's office after that—I have perhaps seen this writing two or three times. (Read: "L. G. De Ginies, 77, Lower Thames Street, to Messrs. De Tracey and Koch. I cannot see you to-night at 4 o'clock; tomorrow between 1 and 2 o'clock. Please to wait for me. I shall take delivery of the 300 casks, and I shall pay you 20l. cash. L. G. De Ginies.") This is a copy of the invoice I saw (produced).
Re-examined. I do not owe a farthing in London—I have received some large commissions from the defendant—there was no partnership or association between him and me in reference to buying the 200 cases of wine.
RICHARD CHARLES DERBT . I am one of the principal bookkeepers at the British and Foreign Steam Wharf—on 30th December Mr. Shetland brought in this delivery order and wanted the goods put on warrant—he was told that the particulars were incorrect—I did not see him at the time—there were 200 cases lying at the wharf in the defendant's name—they were entered on 16th October, 1878—this is one pass, and 22nd October is another pass—the defendant's order to put on warrant was issued on 3rd December, 1878 (produced)—it was not deliverable to the delivery order unless the warrants had been lodged—the warrants are not in our possession—the wine is still in our place, and was sold to a Mr. Danton some time after this case was heard at the police-court.
Cross-examined. I had plenty of other wine and brandies standing there—I know the defendant as a respectable man in a large way of business as a wine merchant.
MR. GILL submitted that there was no case to go the Jury, in which the COURT concurred, and held that it was merely a commercial dispute as to the wine, which was not to be delivered probably until something else was done.
NOT GUILTY . ( The Prosecutor was ordered to pay the costs of the Defence. )
THIRD COURT.—Wednesday, March 5th, 1879.
Before Mr. Common Serjeant.
MR. FRERE Prosecuted; MR. WAITE Defended.
CHARLES MCAULIFFE . I am butler to Mr. Robert Tompkinson, 23 James Street, Buckingham Gate—on 15th February I retired between 11 and 12 o'clock—I slept in the pantry—I had closed the windows and locked the doors, and was the last to go to bed—between 12 and 1 o'clock I heard a shuffling sound in the kitchen—there is a small passage between the pentry and the kitchen—the kitchen door was open—I listened for a time, and than heard a creaking sound going up the kitchen stairs—they are wooden stairs—the door at the top of the kitchen stairs was open—at the end of the
sage into which this door from the kitchen opens, there is another door leading into the back garden—I heard those doors opened—I listened again and raised myself up in bed, and called out, "Who's there?" three times, as loud as I could—there was no answers—then I heard the bolt of the outer garden door, which goes rather hard, and then heard the lock of the same door—it was both bolted and locked—I did not hear the door closed—I heard then a sound as if some one was putting on their shoes—I never left the pantry—about two or three minutes afterwards the area bell was rung—I got up as soon as I could, went to the area door, and saw Policeman 462, who drew my attention to a broken square of glass in the area window of the scullery—it is in the front of the basement—it is higher than the front of the house—a flight of steps leads into the garden—the scullery-window is secured by bars inside—I cannot say whether it would be possible for anybody to get in between the bars if a pane had been removed—they are about 61/2 inches apart—under the broken window I found a coat—there was nothing disturbed and nothing missing—the door at the top of the kitchen stairs, the inner door, and the garden door were all three open—shortly afterwards a communication was made to me by another constable, and I went to the police-station and found the prisoner there.
Cross-examined. I never saw the prisoner till then—the bars were inside the window—a person to get through them would have had to get through the broken window—the garden door was over my head—the pantry where I deep is under the passage—I never saw any one.
HENRY BROWNSCOMRE (Policeman B 462). About 1 a.m. on 16th February I was at Buckingham Gate, and heard the smashing of glass in James Street—I went there; it is about 200 yards distant, and leads into Buckingham Gate—I found the scullery window in the area of No. 28 had been broken—I found this coat lying under the window—the bars were straight in their place—they were 61/2 inches apart and inside the window—I rang the bell, and McAuliffe came to the door—before that, I had communicated with another constable—I and McAuliffe and the other constable went through the house and made an examination—there are some stairs leading from the kitchen into the passage, and a door at the top of the stairs was open—on the handle of the kitchen door we found marks of blood—there is another door at the end of the passage, on the handle of which we found blood; also on the handle of a door leading into the garden, and in the scullery where the window was broken—there was a spot of blood on this; duster (produced), which was lying on the table near the window—I afterwards received a communication from the police-sergeant, and went to the station with McAuliffe—the prisoner was in custody; he had no coat on—I found no implements for cutting glass on him or for housebreaking.
HARRY TAYLOR (Policeman B 163). On Sunday morning, February 16th, I was in Catherine Street, which runs at the back of the houses in James Street—Catherine Place has access to the public thoroughfare, and the backs of the houses in James Street open there—I went into Catherine Place, received information from another constable, and remained there—the houses, in James Street skirt Catherine Place—the backs of Catherine Street lead, to the backs of James Street—the backs of James Street are on one side, and on the other of Catherine Street—the two streets are parallel, with Catherine Place between them—I heard a noise at the backs of the James Street gardens, like some one climbing walls—I then heard the back gate of 12, James Street tried—I secreted myself under a wall in Catherine Place
I heard a paling snap, and then saw the prisoner in his shirt-sleeves upon a wall about 12 feet high in Catherine Place; the back-garden wall of No. 12 James Street—he made a spring into the back garden of 5, Catherine Place, about six yards from where I stood—the wall runs to the back of Catherine Place—there is no street between the two gardens; the wall runs between them—I apprehended him upon the spot, and said, "What have you been doing over the wall?"—he made no reply—I called out for assistance—another constable came, and we took him in custody—while I was single-handed, he pulled himself away from me, and then I called for assistance—we took him to the station, where I saw a large cut on his right hand—it had been bleeding—shortly afterwards, McAuliffe and the constable came to the station together, bringing this coat—the prisoner, when being examined before the Magistrate, said, "May I have my coat, your Worship?"—he pointed to the coat lying on the table, which McAuliffe had brought to the station—that was said about the middle of the case—the Court was not draughty; I did not feel the cold.
Cross-examined. I did not examine the broken window or the house—he was searched at the station—no implement was found about him for cutting glass.
EDWARD CLOUGH (Police Sergeant B). I examined the premises at 28, James Street on Sunday morning, 16th February, about 10.30—in the scullery window in the area the glass of the second pane had been removed, and the entry was effected by a person getting in between the first and second ban—the interval between the bars was 61/2 inches—they are 4 feet 2 inches long with no centre-piece, so that with pressure they would give to the body by a person entering feet first—at the back I found marks on the wall of this house—the top bar of the window is fixed outside—the remaining five bars are inside—the width between them is 6 1/2 inches, but the pane is 2 feet 2 inches by 12 inches.
Cross-examined. The broken window was totally out—there was a mark as if a knife had been inserted—the putty was taken out and there was broken glass—I found no instrument—the bars would bend or give; I tried them myself—I did not get through them—when the prisoner was locked up he had two great-coats given him by the inspector because he was wet through—at the police-court he was in his shirt-sleeves—the pane of glass had been cut from the outside—an expert man could get out there as well as he could get in.
The Prisoner's Statement before the Magistrate. "I have no witnesses. I reserve my defence till my trial."
GUILTY . He was further charged with a conviction of a similar offence, at Westminster, in July, 1877, to which he
PLEADED GUILTY.**— Two Years' Imprisonment.
OLD COURT.—Thursday, March 6th, 1879.
(For cases tried this day see Surrey cases.)
OLD COURT.—Friday, March 7th, 1879.
Before Mr. Justice Hawkins.
MR. BESLEY Prosecuted; MR. PURCELL Defended the Prisoner.
GUILTY .— Seven Years' Penal Servitude.
MR. PURCELL Prosecuted; MR. MEAD Defended.
WILLIAM ARTHUR COOPER . I live at 14, Claverton Street, and am a clerk in the Admiralty—on Tuesday, February 25th, I was standing near the National Bank, at the corner of Northumberland Avenue, opposite the new hotel, at about 7.15 p.m.—there is an open space there, and adjoining that is the National Bank, at the corner of the Avenue, opposite the new hotel—I heard the clattering of wheels coming down Cockspur Street—I was facing that way, and saw a large two-horse van and a one-horse van going down the street at a very rapid pace—the two-horse van was nearest to me—I did not see the deceased, I was watching the vans—the foremost van, the two-horse ran, received a kind of check, and apparently paused for a moment or two on the crossing, and between the two refuges which are in the middle of the road, and in a line with the path—the crossing is from the end of the Strand going down to Whitehall—it is stone pavement; the wood pavement meets it there—the van-driver appeared to attempt to pull up at the crossing—I then heard shouting, and a crowd collected—I went up; I saw the deceased on the ground, and Lovell holding him—the van had gone about 20 yards down the Avenue—I followed it, went up to the driver, and said, "Do you know what you have done?" or something to that effect—he said that the blame was to be attributed to the other van, and that we were to look after that—I do not recollect his exact words—he also told me not to have so much to say—a policeman came up a few moments after—I did not hear what was said between the policeman and the prisoner—it was dusk at the time—the lamps were lit—there was plenty of light—there was considerable traffic—the traffic is very dangerous there between 5 and 7 o'clock to the foot-passengers crossing.
Cross-examined. It was a mineral water van—I did not see whether it was loaded with empty boxes—they made considerable noise when they approached, and that attracted my attention—there are two refuges there—this occurred almost exactly between them—the roads might have been slippery, but I did not notice it—I believe I said at the Coroner's inquest, "I should think it was very likely the stones were slippery"—the incline does not appear to be in the direction of the Avenue—there is a heavy incline towards St. Martin's Lane—I think the van was crossing the incline, not in the full force of it—I cannot say whether the second van passed through the Avenue, I lost sight of it as it got almost to Taylor's van near the corner, and saw nothing of it afterwards—it disappeared mysteriously, and we none of us saw any more of it—my impression is that it went down Northumber-land Avenue, but I did not notice which way it went—I do not recollect saying before the Coroner that I believed the driver or drivers trying to pull up prevented me—my recollection is perfectly clear, I believe, as to every word I have ever said on it—I cannot attribute the van not being pulled up to be in consequence of the incline.
Re-examined. The incline is from St. Martin's Lane towards Whitehall, and from Cockspur Street towards Whitehall, so that the vans would be crossing it.
By the COURT. Before I saw that any accident had occurred, it struck me that they were going at an exceedingly dangerous rate.
WILLIAM GREEN . I am driver of Hansom cab 1561—I was driving my cab on the evening of the 25th February from the Strand towards Whitehall—I saw the deceased on the crossing, in front of the first obelisk, just before he got to the first refuge as you leave the Strand footpath—he was about to step on to the second refuge—I saw a pair-horse van, and a smaller van behind, coming from the direction of Cockspur Street—they were somewhere about the statue on the right, but nearer to me—the pair-horse van was going between seven and eight miles an hour, across the line I was going in, and towards the Avenue from Cockspur Street—it passed in front of me—I pulled up to allow it to pass—when it had passed I saw the deceased about the middle of the crossing between the two refuges—I saw the driver pull at his horses, and the deceased seemed to fall instantly—the van went farther on to the off side of the road down the Avenue—I halloed—the driver then pulled up about 40 yards from the Avenue—he looked back as he was pulling up to see what he had done or where the gentleman was—I saw no other vehicles there at that time—the other van pulled out from behind him, and went on down the Avenue—that was when they were about on the crossing—the driver saw the first van checked, and then pulled out behind him—they were both between the two refuges—I saw no other persons crossing besides the deceased—there was room for the van to pull off to the near side—I drew my cab round on the crossing, when the van went on, and the deceased was placed in it, and I drove him to the Charing Cross Hospital.
Cross-examined. The prisoner's van made a great noise, a rattling noise—I cannot say whether it was loaded or not—I called out—I did not hear the prisoner call out—I would not swear he did not—I was about 30 yards from the spot where it happened—the deceased did not appear to hesitate—I had not moved until the van knocked him down—I stopped for the vans to pass—they passed me one behind the other, and appeared to go straight on—I did not see the deceased after the van struck him; he went down immediately, he appeared to be struck by the pole—the two vans went between the two refuges, one after the other—he had to pull out, and the smaller one went on—the stones were rather slippery at the corner of the Strand—there is a slight incline there, sufficient to put a break on if they had one, but not so steep as the incline from St. Martin's Lane—the deceased walked right across, and did not appear to look either way.
Re-examined. I should think the driver of the van could have seen the deceased—I cried out before the accident took place.
By the COURT. I could not positively say at what period I cried out—the deceased had left the first refuge to cross over to the second—he was going across, and the van was very near touching him—I could see that if it did not pull up it would have him over—I saw no pulling up at all until the van was right on the gentleman—I saw him leave the first refuge—I did not see any reason why he could not have got safely over—if the driver had pulled off to the near side, he would have missed him—the gentleman was about the centre of the crossing.
EDMUND JOHN LOVELL . I am a bricklayer, of 10, Station Road, Holloway—on the evening of the 25th February I was crossing the avenue from the Strand to Whitehall, and saw the deceased about four yards in front of me
—I did not notice whether any other people wore crossing—I heard the rattle of the van, and I turned my head aside and jumped back—I had got off the first refuge to go to the second—I then saw the deceased knocked down with the pole of the van—the driver did not call out—I saw the van just in time, when it was almost upon me—I jumped back to let the other van pass, and then, I went to the deceased and picked him up—I could not see what became of him after he was knocked down—when I picked him up he was smothered with mud and blood, with a wound over the eye—he was lying between the two refuges, a little off the crossing—I did not see what became of the two-horse van—I stayed with the deceased, and took him in a cab to the hospital.
Cross-examined. He did not stop to see if anything was coming; he walked straight across, looking straight in front of him—I had also started from the second refuge.
GEORGE PEARSON . I am an assistant in the carpet department at Waterloo House—I had just gone up the avenue towards the Embankment—I heard the rattling of wheels and people shouting "Hi!"—I looked round and saw the deceased in front of a pair of horses—he seemed to have a jerk; he half twisted round, and then fell to the ground, and the horses trampled over him—the wheels did not go over him—the van drew in on the right-hand side of the road to the avenue, about 20 yards down the avenue—when I turned round, the second van was behind the large one—it passed the other van—I went to the deceased, and then to the Nelson column to fetch a policeman—I went with the policeman to the driver—the witness Cooper was there—I heard the driver tell Mr. Cooper not to have so much to say.
Cross-examined. I heard several persons shouting as I was passing, and before I turned round—that directed my attention—the deceased was in front of the horses, and seemed to have a jerk—he was half turned round when I first saw him.
WILLIAM TURNER DAVIDSON . I am a licensed victualler out of business—I was crossing from Whitehall to the Strand in the avenue, and heard the noise of the van—it went at a fattish pace—I only just caught sight of the second van—I was leaving the Whitehall refuge, and hearing the noise I went back to the refuge, and directly I regained the refuge I saw the deceased go down between the two horses—I followed the van and spoke to the driver—I was looking round the van for the number—he said, "You had better look after the other van"—he said nothing else.
Cross-examined. The deceased must have been coming across and never noticed the van at all—he must have left the refuge very quickly.
Re-examined. I noticed no other vehicles—three or four other persons were crossing—I saw the deceased as he got his head between the two horses' heads and the pole seemed to strike him in the neck—I had not seen him before.
JOHN CUNNINGHAM (Policeman A R 45). I was on duty at Charing Cross on the 25th February, when my attention was called to a crowd between the two refuges—I went to the spot, and found the deceased supported by Lovell—I afterwards went to the driver—it was a mineral water twohorse van—I told the prisoner I should have to take him to the station, where he would be detained till I could find out how the injured man was—he made no answer—on the way to the station he said "You have got my name and address, and the name and address of the van. I have never
been locked up in my life, and I don't wish to be"—I said, "I cannot help it; I shall have to take you to the station and detain you."
INSPECTOR BEARD. I was on duty on the 25th February at the King Street station, when the prisoner was brought in—I said, "You will be charged with causing the death of the deceased"—we then knew that the gentleman was dead—the prisoner said, "I saw him and cried out three times to him. He appeared to me to reel as if he was confounded, and did not know which way to go, and before I could pull up, my pole struck him. I might have driven away, but did not, and pulled up at once and waited. There is a slope from Cockspur Street into the Avenue. I am truly sorry, but could not help it"—he was perfectly sober, and showed much grief at the occurrence—the two refuges are 50 feet paart.
HENRY ADOLPHUS WICKERS . I am house-surgeon of the Charing Cross Hospital—the deceased was brought in about 7.30 on the 25th—he was quite dead—I examined him—his clothes were very muddy, and his face and head were covered with blood—he had a wound about three-quarters of an inch long, just about the left eyebrow, passing into the brain—his skull was extensively fractured, and portions of the brain protruded—he was injured so as to cause death.
Cross-examined. I think he was a gentleman of ordinary height.
FRANCIS HINE FORESHALL . I am a surgeon, of Highgate—I have known the deceased about 15 years—he was not a nervous man—his age was 64, but he appeared much younger—he was very active—his name was John Oakeshott—he was rather below the ordinary height.
NOT GUILTY .
Before Mr. Recorder.
FRANCIS JOHN BANKS . I am a zinc-worker in my father's employ at 40, Blackheath Road—the prisoners were in his service up to January 2nd, and Champ had been in his service 12 years—it was their duty to arrive there at 7 a.m.—the key of the metal warehouse is kept in the front shop, and the prisoners had no business there in the morning—there is a workshop as well, and the prisoners had business there—the metal is taken from the front shop, and given to them in the back shop for the purpose of working it—neither of them had any business with the key of the metal warehouse—I live there, and on 2nd January I came down at 6.30 a.m. and hid myself—I saw Lane come in at the back premises and go to the workshop as usual—he then went to the house, took the key from a nail, met Champ at the front shop door, spoke to him, and then they entered the warehouse next door, and I saw Champ leave with a roll of zinc on his shoulder, and go towards Deptford—I had given notice to the police over-night; they watched them, and I gave Lane in charge—the prisoners were taken before a Magistrate, and committed for trial—my father received this letter on January 7th in my presence; it is in Lane's writing.
Cross-examined. This was at a few minutes past 7—they were very seldom
there before 7, but the lad Davis came at 6.30—the prisoners often went into the front shop by my orders, but never without—zinc could not be obtained without the key of the warehouse—I also gave Davis in custody, but the charge was dismissed—he had not taken the shutters down, nor was he preparing to do so—we open at daylight, but it was not daylight at 7 o'clock—Davis had opened the door from inside, and drawed the doors to, and returned to his work at the back, and then the prisoners went in.
Re-examined. It was not Davis's duty to open that door from the inside; it was a departure from his duty—when he had opened it Lane came into the shop.
JOHN BANKS . I am the brother of the last witness—on the morning of January 2nd I was in the back parlour washing, and saw Lane in the front shop—he had no right there—the door had then been opened, but I cannot gay by whom—I saw Lane walk towards the key and walk back to it, and then Champ came to the door and left, and Lane returned and seemed to hang the keys up again, and returned to the workshop—they afterwards went out into George Street, where I saw Champ go into the Clarendon public-house and the metal standing outside in a corner; he came out, put it on his shoulder, and carried it away—Fox stopped him, and I returned home.
Cross-examined. It was about 7.15 when I saw Lane in the shop—I was with my brother—I first saw Champ about a quarter of a mile from my house—the whole distance is from half to three-quarters of a mile—Fox was meeting Champ when he stopped him.
FRANCIS WILLIAM BANKS . I am the prosecutor—I employed the two prisoners—they had no business in the front shop at 6.45 a.m., nor with the key of the metal warehouse—this zinc is mine—I gave them no authority to take it—to the best of my belief this letter is in Lane's writing—I received it on 7th January—I had communicated with the police prior to January 2.
Cross-examined. My orders were so strict that the prisoners would have reason to believe that I should blame them for going into the shop at that time, and especially if they took the key and went to the warehouse—there were 7 tons of metal in the front shop, without their going into the ware-house for any. (Letter read: "H.M. Prison, Clerkenwell. To Mr. F. W. Banks. Dear Sir,—I write to you these few lines praying you to be lenient towards me and Jim, for our sin is not so bad as I have been told you think it is. Of course, what Nixon or others might have to answer for we cannot say, Sir. I hope you will not press the charge against us, if only on account of our wives and poor children. I was in hopes, and still are, of working for you for many years to come. I am very sorry, and humbly pray you to be lenient towards us and give us a fresh start, and then I do not think you would ever have cause to regret being lenient to two who are now as miserable as it is possible for them to be. I must now conclude with my best respects, to you from your humble and penitent servant, ED. LANE.")
FREDERICK FOX . I am a detective attached to the Criminal Investigation Department—on 2nd January, in consequence of instructions, just before 7 a.m., I placed myself in the police-court opposite Messrs. Banks's premises, watching, and at 7.15 I saw Champ go to the front door of the shop, and then to the door leading to the warehouse; I then saw him leave the yard with a roll of zinc over his shoulder—I followed him over Deptford Bridge through Mill Lane into Friendly Street; when he turned the corner I was close behind him, because it was not light, and as I turned he was resting—I had another man
with me—Champ went into George Street and Nelson Street—he then stopped a minute or two, went on again, and had three or four rests—he then put the zinc down outside the Clarendon public-house, went in, and came out again in three or four minutes, took up the zinc, and when he had got a little way down George Street I stopped him, and said "What are you going to do with that?"—he said "What is that to do with you?"—I said "I suppose you know I am a policeman?"—he said "I don't care if you are"—I said "What are you going to with it?"—he said "Take it back to Mr. Banks, where I brought it from"—I said "Oh, why did you bring it away?"—he said "That is my business"—I said "Yes, and it is my business as well now"—he said "Well, I brought it to decide a wager to see how quick I could carry it there and back again"—I said "It does not appear so, as you have had a great number of rests on the road; I shall take you to the police-station now"—I took his there and he was charged—Lane had then been brought in by another constable.
Cross-examined. I was formerly employed in the police as a warrant officer—I have had considerable experience—I was within six or seven yards of Champ as I turned the corner—I did not see Mr. John Banks there; I saw him when I arrived at the station, but not during the whole of my course—I took Champ because he did not go where I expected he would—he had to pass the police-court—it was a very heavy load, about 1 cwt.
Re-examined. I suppose young Mr. Banks went another way—I did not know him until after I got to the station—it was not light, and I can't say whether he was there or not.
WILLIAM BARNES (Policeman R 22). On 2nd January, about 7.45, Mr. Banks gave Lane into my custody, and at the same time charged Davis—I told him he was charged with stealing—he said he know nothing about it.
The following Witnesses were called for the Defence.
THOMAS MARTIN . I am an apprentice to the prosecutors—on 1st January, between 8.30 and 9 o'clock, I waa at the vice and heard Lane bet Champ that he would not carry 1 owt. of zinc as far as the Clarendon and back—no time was mentioned for carrying it, that was left indefinite—that was all I heard.
Cross-examined by MR. MATTHEWS. I am still in the service—I heard next morning, about 7.40, that Champ had been charged with stealing my masters' property—I knew that they were under examination before the Magistrate that very morning, but I did not go there because I was not asked—I afterwards heard that the case was adjourned for a week—I did not go on the remand in order to give my evidence because I was not asked—I first spoke of the wager when I was asked about it; that was, a long time afterwards—when the prisoners were out on bail they came round to my house and told me that Mr. Gregory was going to subpoena me as I heard this—he is their solicitor—they asked me what I heard—I do not know which of them began the conversation, but they said they wanted me to come and give evidence of the wager that I had heard them make and I said that I would come.
By the COURT. I had not before that time mentioned the wager to anybody else—it occurred to me when they were charged with stealing that it was very important to them that I should say what I knew, and yet I kept it a complete secret.
CHAMP— GUILTY .— Fifteen Months' Imprisonment.
LANE— GUILTY .
He was further charged with having been convicted at Greenwich in October, 866, to which he
WILLIAM JAMES . I am a zinc-worker, of 19, Octavia Street, Deptford—I served my time to Mr. Banks, and afterwards went into Nixon's service—I was working for him some three weeks before Christmas last—on or about 6th December, about a quarter to 8 a.m., I was outside Nixon's private house; he is a zinc-worker—his workshop is at the back—I saw Lane with a roll of zinc on his shoulder composed of three or four sheets; he placed it outside Nixon's door—I knew him to speak to—I knew that he was in Mr. Banks's service—I saw written on the zinc in French chalk. "Harvey gutters" or "Harvey pipes"—Nixon came from the passage to the side of the house leading to the workshop; they spoke and went away together in the direction of the Clarendon—Nixon returned alone in about ten minutes, picked up the zinc, and put it in the passage—I saw no more of Lane that morning.
Cross-examined by MR. BESLEY. I was 24 last January—I was apprenticed to Mr. Banks, and was out of my time three years ago—I have been in the Brighton Railway Company's service since I was out of my time as a plumber and zinc-worker, at New Cross for about six months—I was discharged through shortening of hands, but with the promise of going back again when they became busy—no complaint was made against me—I once worked for Mr. Palmer with a man called Murphy—I swear I did not steal and melt down lead there—I did not in Murphy's presence make a mould with my wide-awake hat in the sand and pour lead into it and carry it off—I was at work at Dowell's, in Thames Street, Greenwich—I did not take any lead pipe away from there or put any pipe behind a bag of charcoal—I never sold any lead pipe to Ribbends—Mr. George Banks, the prosecutor's son, did not refuse to pay me in November, 1876, until I brought back some lead pipe 12 inches long, and a screw boss which I had stolen, nothing of the sort—I afterwards went into the employment of another son of Mr. Banks, who carries on a separate business in Deptford Broadway—I have been in four situations including the railway—when I went to work for Mr. Banks's son I was paid off because they liad not sufficient work—I was not discharged, I left of my own accord—I was there 12 months, and 6 months at the railway—I was at Mr. Palmer's 9 months—I left Mr. Nixon's last November—I swear I was not discharged—no complaint was made of me in my presence—I had a time sheet made up there—this is my time sheet for the week beginning 2nd December—I did some work on Monday, 2nd December, at Thomas's, the builders—I was not repairing a cornice—on Tuesday, the 3rd, I was at work at Mr. Best's, the builder's, making two windows with zinc—On Wednesday I was at Best's again, and at Mr. Feather's, repairing a cup and ball—on the Thursday I was at Mr. Smith's, the builders, at Brockley, also at Wright's in the High Street, fixing a chimney—I know Smith, the builder, at Brakespear Road—I think I was there on the 6th December repairing the lead pipe and the window—I have
sworn that on 6th December I was working at Nixon's when I saw Lane with the zinc on his shoulder—I went to Nixon's for a job, as I had got no orders, that is my explanation—on the Friday morning I had not got a job, I had to ask Mr. Nixon for one, and I found him with Lane outside—I asked him, "Where am I to go to work?"—I will swear that Lane and the zinc were there then—I did not go to Mr. Banks on the Saturday before Christmas, as it did not interfere with me at all—I did not say in Sewell's presence, on leaving Nixon's service, that I would make him pay dearly for it, nor did I threaten him in any form—I did not intend to make a charge against my master—I do not know whether Lane was fetching it for Mr. Banks or not, it did not trouble me one way or the other, until I was subpænaed to appear at Greenwich Police-court after Christmas—I was subpænaed on a Monday and appeared on the following Thursday—I took no notice of it until I got the subpæna—I had not told any one.
Re-examined. I was working day work for Nixon, and went there at 7 a.m. and asked for my instructions for the day—I went straight from the service of one of Mr. Banks's sons into the service of another.
FRANCIS GEORGE BANKS .—I am a zinc-worker, and live at my father's premises, 40, Blackheath Road—he stores a considerable quantity of metal in his warehouse—Nixon was a retail zinc-worker in Oscar Street—it is a little over a quarter of a mile off; there is a front and a back way there—I have known Nixon two or three years—Lane has been in my father's employ two years—I knew Nixon before Lane came into the employ; he first recommended Lane, and we took him in consequence—he also mentioned him to my father and mother—we missed zinc for some time previous to 2nd Jan., and communicated with the police, and detective Fox came—on 2nd Jan., about 8.45 a.m., I waited round the corner at the bottom of the street, and eventually followed Fox and Barnes and saw Nixon; he was not up, he came downstairs as I arrived—the constable told him he had come to search his premises, he said "Very well, you are quite at liberty to do that"—I went and looked, and found 16 sheets of zinc which I identified as my father's and they were taken away—four of them had a cross on them made by me—in April last our premises were inundated, and we had two feet of water, which went to a certain height on the metal, and that which was lying down was stained all over—each sheet is stained, and four of them have the mark I have put on—Nixon has not dealt with us for 18 months, and what we did for him was bending zinc and forming gutters—that was not entered in the books; we never book bending work—he paid when he took them away—these 16 sheets weighed 2 1/2 cwt.—I marked them, as I had missed metal—we always gave him a bill for money paid—if any one comes for a sheet of zinc I give him a bill for it.
Cross-examined. I do not ask the Jury to believe that a sheet of zinc is never sold without an invoice—I have not seen Nixon on the premises—I conduct the business for my father; he attends to it very little—I recognise the zinc by the marks in the corner in French chalk, which state the weights, and by the chalk marks—the marks were not mine—when I was recalled on January 9th I swore to the zinc by the cross and stains—this was two months ago—the zinc is worth 50s.—the water in April flooded all the lower parts of Lewisham and Deptford as far as the bridge; I did not hear of any one else's zinc being stained—zinc is not generally sold by weight but by the sheet—I wrote the weight on it myself—Nixon said at the police-court that
had spoiled some gutters for him—we did not supply the material; he brought his own, and we charged him so much per length for the work done, but I have had nothing to do with him for the last 18 months—there were not proceedings through a dispute about the workmanship—I did not order lames on 20th November, 1876, to bring back a piece of lead 12 inches long and a screw boss; my brother gave them to him—I had no conversation with him about them, nor did I make any complaint; it was all my fault that he left—he was discharged—my other brother who he has been working with is in the Broadway in a separate business.
Re-examined. His discharge was because at 11 o'clock I asked him to go to a job and he wanted to go to his dinner; I said that the job was more important, and he declined to go—this is the cross I put on the zinc, and the water-line is on the same piece; this was standing on end, and the water came up to here and stained it, and left the rest perfectly clean.
JANE BANKS . I was present about two years ago when Nixon cameabout Lane—he said that he had been "committed," but he thought he had been ill-used, and he was a very good workman and would answer our purpose, and that it was not Mr. Palmer who prosecuted him but the clerk, and it was a matter of very little moment—I communicated that to my son, and we took Lane on.
Cross-examined by MR. SIMMS. I had never seen Lane—Mr. Palmer is my brother, and I heard that Lane had been in his employ, but my brother and I have not spoken for many years.
Cross-examined by MR. BESLEY. I only know what Nixon told me—he said that Lane had been wrongly punished by my brother's clerk.
GEORGE DIBLEY . I am one of the firm of Dibley and Sons, iron and metal merchants, of 11, Queen Victoria Street—I have dealt with Mr. Banks for zinc sheets—these four sheets with the cross on are of Belgian manufacture; they bear the brand of those which I sold to Mr. Banks—I have not sold that brand to any other dealers in Deptford; we have no customers for it there except Mr. Banks—I never heard of Nixon in my life—I have seen one or two of the other 12 sheets; I do not think any of them were of this manufacture.
Cross-examined. I am not the manufacturer—four sheets out of the 16 have a brand upon them—they are the manufacture of Mr. Charles Wilmot Le Jeune and Co., of Huy—we import sometimes 2,000l. worth a month, but sometimes not 50l. worth; it depends upon the state of trade—we imported 8,000l. or 10,000l. worth last year—we only sell it by the ton; some guages give more sheets to the ton and some less—any wholesale dealer who gets zinc from us could sell it at Deptford; we do not pretend to be the only persons who sell zinc at Deptford.
ALFRED CARTWRIGHT . I am in the prosecutor's service—it is part of my duty to weigh the sheets of zinc and put the weights in the comer in French chalk—I have seen eight of these sheets, and find the marks in my writing and figures—they were made a month or six weeks before Christmas.
Cross-examined by MR. BESLEY. I mark them rather roughly—the apprentices do not weigh metal—we do not put it down in a stock book as it comes in—the way I judge is when they were marked.
Re-examined. These are my figures.
house about 8.45 a.m.—when he came down I asked him if he had any objection to our looking over his premises, as we had every reason to believe he had a zince plate there which did not belong to him—he said that we could look over, but what he had belonged to him—I searched, and found 16 sheets of zinc, some in the passage and some in the workshop—Nixon was present the whole time—I asked him how he accounted for having them there—he said, "I have got them here, but it matters not how"—I said that that was a strange way of conducting business, and a strange remark for him to make—Mr. Banks said that they were his father's property—Nixon made no remark—I took him to the station.
Cross-examined by MR. BESLEY. Fox was in the room with Nixon when I was in the passage with Mr. Banks—Nixon said, "What are you going to do with me?"—I said, "We are going to lock you up for receiving stolen property—he did not then say in my hearing that he had got it in the legitimate way of trade, and should be prepared to prove it.
FREDERLOK FOX (Detective Officer). On January 2nd I went with Barnes to Nixon's premises—Barnes knocked at the door—Nixon's wife opened it, and Nixon afterwards came downstairs—Barnes said, "We have come to look over your premises"—he made no reply—I said, "Mr. Banks has missed some zinc, and it is supposed some of it is here, can we look over your premises?"—he said, "Yes"—I called Mr. Banks, who identified 16 sheets—I was in the room with Nixon while Barnes was in the passage—I asked Nixon if he wanted to give any account of it—he said, "What will be done with me if I do not?"—Barnes said, "You will be locked up, whether you account for it or not"—he said, "I shall say nothing"—when he was in the room with me, he said, "I will get the receipts and produce them before the Magistrate."
Cross-examined by MR. BESLEY. He had not a solicitor the first day he was before the Magistrate, but he had one on the second day.
The following witnesses were called for Nixon.
JOHN HENRY SEWELL . I live at 115, Church Street, Deptford, and have worked for Nixon three years—I was apprenticed to the prosecutor, and worked there six years and a half—I have been managing man for Nixon for the last three years—all that time the sheets were marked by weight—two of the sheets (produced) came from Pimm's to make baths—they have stood there ever since—about 20 baths had to be made, Mr. Pimm sending the zinc, and we doing the work—Nixon's business was principally making up zinc—he always has some on the premises waiting to be turned into the forms required by builders—we generally kept it in the passage—I have seen zinc there since April, with the water stains of the flood upon it—I make out my time-sheets, and James made out his own—this is my time sheet (produced), by which I am able to say that I was at Nixon's five hours and a half on Friday, 6th December—I went there at 7 a.m.—I saw James that morning—this is James's writing on his time—sheet—he was at work on that Friday for Mr. Smith, of Brakespear Road, Brockley, and also all the day before—it is not true that any sheets of zinc were brought into the place that Friday morning—it could not be brought in without my seeing it—I was in the workshop, and I could see the passage from there—I must have noticed if any extra quantity of sheets had been put there, and they were not—no zinc was brought to the premises for work to be done to it from the beginning of December—I saw James a week after Christmas—I understood
from Nixon that he had been discharged—he asked me if I was at work, and I said "Yes"—he said, "Well, Nixon served me shabbily, and I will make it hot for him," or "b——hot for him"—that was before Nixon was taken into custody—it was in January—I can't tell you the day of the month—I was the head man at work for Mr. Nixon for some time—a man named Murphy was also there—I knew of zinc being supplied by Peppercorn's, Pimm's, and different firms—I never saw Lane on the premises with any zinc—I work at Nixon's shop in the early part of the day—I have done work for Mr. Hunt, and for G. and A. Smith, and for Mr. Brewster, and for Stanley and Gurbeck—I have constantly received zinc to be made up—when zinc is of the same quality we are not particular to apply each man's particular sheets to his work.
Cross-examined by MR. GRAIN. I left Mr. Banks's employ when I was 19; that is fourteen years ago—I am paid by the hour at Nixon's—I have generally work to do—he does not pay me whether I am busy or idle—I swear that Mr. Pimm required twenty baths made; I was present when he gave the order—I have not seen him here—he gave the order in Nixon's workshop in my presence about the middle of 1878—the zinc was sent at different times, not all at once—there were about three sheets to each bath, perhaps not so much—it came in a van—some of it was foreign metal, some London—I have seen a dozen sheets come in at a time; this is one of them—I say that this sheet came from Mr. Pimm's—I cannot tell you when, but about four months ago—I am not in the shop all day to see what is brought—I have been there of a morning up to dinner-time—I said that none could have come from Lane on that particular day or I should have seen it—this zinc has been standing there about three months—Pimm's zinc has no mark on it, but it has a foreign brand—I know that this is Pimm's because it has been standing there ever since and has never been shifted—I went to work on 6th December at 7 o'clock; here is my time-sheet—I was at work in the workshop adjoining the passage; the passage is about 6 feet long—I was at my bench; James was there a little while.
Re-examined. Mr. Pimm's sheets for making the baths were delivered some time before Nixon was taken in custody; they commenced to send them in about the middle of last year, and went on delivering from time to time; the last delivery was two months or more before Nixon was taken—I do not know that I saw the last delivery—it would not be possible for four sheets of zinc to be put down without a noise, and I am prepared to swear that it did not happen on 6th December—I was working for Nixon when I met James, and I am working for him now.
GEORGE MURPHY . On 2nd December I entered Mr. Nixon's service as a zinc-worker—this (produced) is my first week's time-sheet—I was in the shop on Friday, 6th December, at 8 a.m.; Sewell was there, but he went out to his breakfast—we get breakfast before we come—he started at breakfast—James was working in the shop before he went to Smith's—this is his timesheet—I saw no man bring any sheets of zinc to the place early that morning—James was working at the same bench with me—he was in the shop with me till 10 o'clock—I do not know how long he was in the shop on the 7th, 8th, or 9th, but I remember the 6th—James left on the Saturday before Christmas, and on the Saturday after Christmas I met him on Deptford Bridge—I went into the Clock-house with him, and we had a glass of ale together—he asked me if I had been to work—I said "Yes"—he said "Mr. Nixon is a nice b——man, and I will get it b——well up for him"—he
did not say in what way he had been dismissed—he gave no reason for the threat—I never saw any zinc brought to the premises by Lane in December.
Cross-examined by MR. GRAIN. All our time-sheets are made up at the end of the day, but we may go a day over—on Saturday we should make up the time-sheets for Friday; if it was not done on Friday we should put down Friday and Saturday together—James gave me some work on the Friday—he would say, "There is a job at So-and-so's," and I should go—until then I worked in the shop—we keep on with our job—James may have gone out at the back of the shop after he came in the morning.
HARVEY. I am a dealer and worker in zinc at Lewisham—I have known Nixon ten years; he bears an irreproachable character—I have done bending work for him, and generally supply the London mills zinc, but sometimes the other—I sometimes have foreign brands—I remember the overflow of the Ravensbourne River in 1878; it flooded Lewisham and Deptford, and my zinc was stained—some zinc was stained more than other—it was not limited to my warehouse—the zinc is weighed and marked with chalk, and laid flat and put in a bin—I had metal from Banks eighteen months ago, but not lately—I do bending for the trade generally.
Cross-examined. There is no mark on these sheets that I recognise—I could not swear to my own figures after so long a date.
JOHN LORD. I am a builder, of Lewisham Bridge, and have known Nixon eleven years—he started in business for himself three years and a half ago, and bears a respectable character—he lias supplied me with zinc which was affected by the flood, and there were seven sheets of it left—I cannot say that they are the same, but they are similar as to water-mark and everything else—I had the flood both at Deptford Bridge and Lewisham.
SAMUEL NIXON . I am a baker, and am Nixon's brother—he sent me to Mr. Banks for three sheets of No. 11—I paid for it, but got no receipt—I have done that twice; the last time was about a fortnight before Christmas.
Cross-examined. I went because my brother said that they would not know me, as there was a little bad feeling about some work which had been spoiled—I saw Mr. Banks's son; the one who is sitting by your side—that was about 14 days before Christmas—I bought three sheets of No. 11 of him—I forget who I saw when I bought the first lot—that is about 18 months ago—I had a horse and cart then—I got no account, I paid for it—it was at the beginning of a week, I know, and about 10 a.m.—I carried it as far as the corner of the street where the tramways stop, where my brother took it from me, at the public-house 10 minutes' walk off—that is not the Clarendon; that is in another direction entirely—my brother gave me the money to pay for it before I went—it was on the floor—Mr. Banks told me how much it was, and I paid for it—I have often seen Lane about Deptford, but I swear I did not know that he was employed at Banks's—I never saw him there that I know of—I swear I have never spoken to him—I never saw Champ till I was at Greenwich Police-court—I went there as bail for my brother—I did not hear the evidence given—I cannot say how much weight was given me on the second occasion, but I know it came to 10s. or 11s.; I was able to carry it on my shoulder.
JOHN MORRISSON STALL . I live at 3, Nile Street, Deptford, and am manager to Mr. Pimm, who deals in zinc of all sorts, and does a large business with builders—I know the trade mark of the firm—Mr. Pimm has dealt in perhaps two or three tons of this zinc within the last six
weeks—he had an order for making between 20 and 30 baths, but they were not ordered all at one time—Nixon was employed to make them—V. M. zinc was employed—we mark zinc sometimes with red chalk of the consistency of paste, sometimes with French chalk, and it is not unusual to mark it with a nail or a bradawl when it is to be put away—this zinc produced is, to the best of my belief, the same—when Nixon was taken in custody, four or five baths were unfinished, and we average three or three and a half sheets a bath.
Cross-examined by MR. GRAIN. V. M. means Veille Montague; this is a particular brand, and these baths were ordered to be made of it—the zinc (produced) is similar to what my employers supplied, but one sheet is very much like another—supposing the brand to be entirely different, the zinc would still be alike.
Re-examined. I have not closely examined these sheets, but they are similar in appearance, quality, and value.
JOHN MAYBANK . I am foreman to Mr. Pimm—I have delivered zinc at Nixon's Place—I cannot distinguish between this zinc and what I have taken there—these invoices (produced) are from Mr. Pimm's, but I do not know of the delivery of the zinc mentioned there, because we send out so much in the course of the day to different people. (The zinc being examined, every sheet bore the mark, "Chas. Le Mont Le Jeune" and not the V. M. mark.)
Nixon received a good character.
LANE— GUILTY .— Seven Years' Penal Servitude.
NIXON— GUILTY .— Two Year's Imprisonment.
MESSRS. WILLIS, Q.C., and STRAIGHT Prosecuted; MESSRS. TALFOURD SALTER, Q.C., M. WILLIAMS, and FOARD Defended.
GEORGE AUGUSTUS MARTIN . I am a beershop keeper, of 68, Vauxhall Walk—at the end of October last I received some instructions from Mr. Arthur relating to the Brewers' Public-house, 10, Gibbon Street, Deptford, which was then empty—I went into occupation of the premises early in November—the house was then fit to carry on business in; the windows were in, the sign-boards up, the bar fittings in order, and the metal top in its place—the first floor above the bar was supported by an iron standard; that was in its place, and there was a panel cabinet separating the bar parlour from the bar—the gas-fittings were in their places—I put Chapman and Wood in possession—on 20th November I received a telegram, went to the premises, and saw my two men outside and a van there loaded with the fixtures and fittings from the inside, with a carman in charge of it whose name I do not know—I examined the premises when the van left, and found everything was removed; the house was completely gutted—this photograph (produced) represents the premises as they are now—everything was pulled to pieces recklessly, torn out; the gas-fittings were torn away, the partition between the bar-parlour and the bar torn down, and the sign-boards taken away—I then followed the van, stopped the carman, and said, "Where are you going to take the things?"—he said, "I am going to take them to Mr. Harris's house"—I had a policeman with me, who took the carman's name and address—I never had any conversation with Harris in reference to the destruction
of the premises, but I saw him outside at the beginning of November—I said, "The house is shut up "—he said, "Yes, I want to let it"—I said, "Do you?"—he said, "Yes, I can let this house"—I said, "I am looking after a house"—he said, "I could let you in for 250l."—we went and had some drink together.
Cross-examined. I took possession for Mr. Arthur, of the Phœnix Brewery—I cannot recollect the date—no one was in the house; I pushed the front door with my hand, and it opened—there seemed to be a strut behind it, but not properly put up—that was on Friday, and I remained till Saturday at dinner-time, and left Chapman and Wood in possession, and I found them there when I went again on, I think, the following Monday—I went again when I received the telegram; I could not get in as there were other men inside; I got more men, and retook possession—I remember going to the Centurion Public-house, High Street, Deptford—I did not get any men there, nor did I go in and say that I wanted a dozen men—I do not know Charles Buck; I did not ask him if he wanted to earn 10s.—I did not engage some men to attend at 8.30 next morning for the purpose of breaking into the Two Brewers—I went there about 7 next morning—I did not borrow a hammer from a wood-yard—I went over the back premises; I was the captain, the agent, the army followed me—the back door was not broken open; the glass was broken, but I did not break-it, nor did any of the invading forces—I leaned in through the broken door and unbolted it, and the army followed—I opened the front door, but a lot of people did not come in—the men did not proceed under my orders to pull down the bar, nor did they do so—they did not take the sashes out—there was not a van outside—Harris was not there—the premises were in a perfect state when I entered, and when I left they were in the same state as when I turned Harris's man out—I mean that when I turned this army in no damage was done; not one single article was displaced—I do not know Buck by name, I may know him by sight—I did not give anybody 10s., nor was any money given by my direction; I engaged the men at 4s. a day on the day I took possession to stop and hold possession of the premises; I do not know the date; I put them in for three days—I did not try and pull the shutters down in the prisoner's presence; I put my hand in the door and had it smashed, and a man took me in charge after tearing all my clothes off my back—I was not the worse for drink, but I was excited, having had my hand smashed—I had had three glasses of whisky with Harris, three threes; if Loveday says that I was the worse for drink it is not true—the inspector would not take the charge—I hit at Harris, but it did not hit him—Loveday did not interfere and prevent my repeating it—Harris went to the station with me and wanted to charge me, but the inspector told him it must be done by summons—I got possession of the premises; I did not take notice of the dates, as I never thought it would come to this, knowing that the house belonged to the Brewery.
Re-examined. I had not taken possession of the brewery prior to the day my hand was hurt—a summons was taken out and dismissed—when I left on 7th November I left the iron standard as I found it, and left Chapman and Wood there, and left instructions to a woman to telegraph to me if anything happened.
to stay in possession at 4s. a day, and stayed till the following Wed nesday—the iron column supporting the ceiling over the bar was safe on the 7th, and the partition separating the bar-parlour from the bar was in good order, and so were the metal-top counter, the gas-fittings, and the window-frames—no damage was done by us when we entered—on the following Wednesday I was turned out by Harris and another man and two officers, one in plain clothes and one in uniform—they got in by force; they broke in a panel of the front door with a crowbar, and I was turned out by the police—I got possession again on the Thursday following—I was re-engaged by Mr. Martin, and I and two other men took possession till the following Wednesday—early on Monday morning, 20th November, I was sitting in front of the fire, and heard a cart diive up and crowbars and hammers being thrown out in the pavement—my two friends were asleep—I awoke them, and heard sc me one breaking the cellar-flap—I saw men come up from the cellar armel with crow-bars—they commenced tearing the bar down, and opened the door and let Harris in, and I and my men were turned out by his instructions—I went home and had my breakfast, and when I went back the partition and the metal top were gone, and the place was completely gutted—the things were in their proper places that morning, and the iron standard was there.
Cross-examined. Mr. Martin paid me for doing this—he did net tell me that there was a dispute about who the house belonged to—he engaged me about 9 o'clock on a Saturday morning—I found no one in the house—he picked me up in the streetas I was comingoutof my door; I hadnever seenhim before; he did not tell me it would be a rough job—I did not notice whether Harris's name was over the door, or whether there was any name—I do not remember Martin being charged by Harris, but I heard that he was charged with assault—no one had lived in the house from the 7th to the 15th except me and the other man and my little boy, who slept with me—I did not take an inventory of the things when I got in—I know a man named Short; I do not know whether he was there on the 15th—I know a man named Paltry—I believe Short and Paltry were there before I was engaged—I was engaged twice—I believe they were in the house before I took possession at all on the 7th, but I did not see them turned out—nobody was there when I took possession except Martin—I saw Paltry come and ask for his tools a day or two afterwards, but I would not give them up—there was a whitewash brush—I do not know whether they were employed to do the repairs—I was not one of a gang of ten or twelve who went there with Martin on 15th November—I was turned out on a Wednesday and took possession again on a Friday, not with ten or twelve men, but by myself—Mr. Martin called me across and engaged me and two others—Martin had not a gang of men with him; only me and two others took possession—I did not hear Martin say that he would have the b——s out of it—he did not point to Harris and say "There is the fellow that pinched my finger; I will have his b——y head off"—that must have taken place in my absence.
JOSEPH DALY . I live in Broadway, Deptford—I know the Two Brewers, having served there as potman—I saw a van come there between 7.30 and 8 one morning—Harris brought six or seven men with him; he was standing at the end of the van—the fixtures and such like were put on the first van, all the bar, spirit taps and all, and the metal taps and the engine and the windows—the van went away with them, and came back in, I dare say,
an hour—the door was shut, and I did not see what was being done in the house—the van drew up in the same position, and Harris said "Pull the things down"—one of the men came and said "There is some lead piping, Mr. Harris; what are we to do with it?"—he said "Sell it, and get yourselves some beer," and they took him at his word—the second van-load was half-gallon cans and pints and quarts and signboards—a man was asleep at the back of it—Mr. Harris was with the van when it drove away—I had seen the premises before the damage was done, and when I went in on the 21st the iron stancheon had been taken away, and I fell down the hole—the partition was taken away and the gas-fittings were removed; also the signboards bar the one over the middle of the window—the windows were all taken out bar one, the front one.
Cross-examined. Since I was potman at the Two Brewers I have been pushing a barrow along the streets for Cornelius Castle, a tinker—Mr. Sparks had the Two Brewers in my time, and I loft in September—I saw Harris once or twice, and knew him as the landlord of the house, which was open and doing a good trade when I left—I do not know how soon it was closed—I did not know Martin before, and cannot say how he came to employ me—I know Mr. Power, a publican; he has employed me as a servant, but not since I left the Two Brewers—he had no interest in the house that I know of—I heard Harris say "Pull the house down," or "Pull the place to pieces;" it is just the same; I am no scholar—he said "Pull the house down, and sell every brick there is in it"—he told the men to do that, and they sold the lead piping—I mean to tell the Jury that Harris said "Pull the house down, and sell everything in it"—that was on Wednesday, November 20—I saw two constables there, and I heard Detective Francis tell Harris not to pull the big gasses down, and Mr. Barnett told him the same thing, and I heard the remark made "There were three lamps outside; there are only two now; the van knocked one down"—I did not hear Harris call out "My boys, I cannot help myself; they are pulling the place to pieces, but I will show them who it belongs to some day," or "You had better be careful what you are about"—he was encouraging the men to do this—four windows in front were pulled out, but the only part of the house pulled down was the part dividing the bar from the parlour—(Detective Goodwin was here called in)—I do not know that man or any constable in Deptfdrd; I have not been there long enough to know him—I pass the house every day, but do not know of anything being taken out since the 20th—I saw a signboard taken away on that day, but did not see a child carrying it.
SUSAN WILLIAMS . I am a widow, of 37, Gibbon Street, Deptford—on Wednesday, 20th November, between 6 and 7 a.m., I saw Harris bring down a gang of five or six men, who broke the cellar—flap and got down and let Harris in at the side door—I ran and telegraphed to Mr. Martin, and when I came back the van was loaded with the bar and the bar fittings, and then went up Church Street with it—Harris went away with the first van—it came back, and I saw Harris there—I saw the signboards, windows, quart and gallon and half-gallon cans brought out and put into the second load—Harris was walking up and down telling them what to bring out—when the van was loaded he stood by the tail-board, and said "Yes, you can pull down the front of the house and sell it if you like—I saw a piece of iron brought out, I cannot say what it was.
Cross-examined. I knew Harris when he kept the Two Brewers—I never saw Martin before the night he had his finger smashed, two or three days before 13th November—my business is washing—when Mr. Martin took possession of the house first he asked me to telegraph to him if anything happened to the house, and left me his address, and I did so—I was all eyes then—he did not say that he would give me anything—I do not know Mr. Daly—Martin has never paid me, and I am 1s. out of pocket, you had better give it to me—the name of Harris is not outside the house—I never went there, but I have been in since—I live nearly opposite.
JANE WILLIAMS . I am the daughter of the last witness—I stood with her on the morning of 20th November, and saw Mr. Harris fetch a gang of men, who broke into the cellar, opened the door, let Harris in, and turned the other men out—I did not see the first van loaded, but I saw it go—when the second van was loaded Harris stood with his hand on the back of the cart, and the men pitched out the sideboard, the windows, the camps, and a piece of iron—they said "Is there nothing else to do" and Harris said, "If you like you may pull down the front of the house and sell it."
Cross-examined. I only know the potman by sight—I have not been talking to him about this—I have not heard him examined before—I have never been examined before—this is the first time I have told anybody that the defendant said, "You may pull the house down if you like"—a lawyer's elerk has not been examining me—I only told Mr. Martin—I had not seen him before he asked my mother to telegraph to him—we live in that street, at 37, but I cannot say whether Harris's name is up—it is a public-house, but we do not use it.
JAMES LAURENCE STEWART . I am surveyor, of Coleman Street—on 11th November I inspected the Two Brewers, which was in a condition for carrying on business, though dirtyafter 20th November I inspected the premises again, and prepared this sketch with care, according to the best of my skill—it would take about 345l. to put the premises into the same condition as they were before the injury was inflicted—the windows had been wrenched out with a crowbar, the partition between the bar and the bar-parlour had been dragged down, the signboards had been taken down roughly, the gas-fittings were gone, they had been taken down anyhow; the iron stanchion was gone, that placed the building in jeopardy; it was the main support of the cross-beam.
Cross-examined. I had noticed the condition of the house on 11th Nov., because Mr. Tustin asked me to go and see how much it would take to put it in decent order, and my estimate was between 30l. and 40l.
TUSTIN. I am a brewer—my family owned the Phoenix Brewery, Latimer Koad, Notting Hill—they have since parted with it to Mr. Arthur, of Bristol—I know the Two Brewers, Griffin Street, I was there on 13th, 14th, or 15th October, it was on a Monday—I agree to the statement as to the condition the premises were in and as to the iron column in the barparlour—I afterwards went down and found them in the state described by Mr. Stewart—I was formerly in possession of the house and supplied it with beer—Mr. Clark was then Dairying on the business, then Mr. Hayes, and then Mr. Burns—when Burns left I hud nothing to do with it, nor do I know what happened—my partners and I liquidated, and Henry Manson was appointed trustee—(Several transfers of the lease of the house usere here put in.)—Mr. Charles Sparks gave us possession on 14th Oct for Mr. Arthur,
for 5, 200l., which included some other property—the premises were perfectly right then.
Cross-examined. I am familiar with the covenants of these deeds—the property actually came into the hands of my trustee in July, 1877, and in the following May the trustee assigned his interest to Mr. Burchell—on 14th October Burchell and Sparks assigned to Arthur—the deed Was executed on Saturday, October 12 or 13—I have a memorandum on Monday the 14th of taking stock of the two casks—I have no memorandum in my book before that of 8th November—I should not make one of this—I should not put it down here—this is a list of the persons—Mr. Arthur took it from Sparks—the assignment of 12th October was of the mortgage, with the right to redeem—from 12th October the interest of the property has been Mr. Arthur's—I went down with Mr. Sparks on Monday, 14th October, to the Two Brewers, and took possession—Mr. Sparks was not represented by Arthur—Arthur is not here—Samuel Sparks was there; not on Arthur's account—Power was left in on Arthur's account—after 12th October Arthur took possession, and subsequently he was put in possession by Samuel Sparks—I think I went to the house between October 12th and 14th—it was shut up between those dates by my orders—Samuel Sparks' brother let him have the licence in his name, but Samuel was never in the house—Alfred Power was in possession after Arthur, and Powell was carrying on the business for Arthur for 10 days or a fortnight—I do not know who Powell put in—he had no authority to put any one in—I do not know that he put Samuel Sparks in, but I heard that he went there, and gave Harris some money—the licence was then in Samuel Sparks' name, but I do not know of my own knowledge how he got in.
Re-examined. I am quite sure the deed was executed before I received possession from Sparks—Mr. Power had been in possession before that, and I let him in, as I let Mr. Burchell in previously. (MR. CHITTOCH was here called upon his subpoena to produce tlie deed from himself to tfie Defendant, and declined to do so; but a draft of it was produced by a solicitor, showing that it was for 41 years from Midsummer, 1875.)
JOSEPH ARTHUR . I purchased the interest of Mr. Burchell and Sparks for 5,250l.—I went round the premises first—they were in a sound and proper condition for carrying on business—I have seen them since.
Cross-examined. I was not aware at the time I purchased them that there had been any forfeiture by reason oi breach of covenant—I was not aware that there had been a breach of the covenant to insure the premises in the Westminster Fire Office—I was given to understand that insurances were existing—the whole of the law matters are done by Messrs. Burchell—I have not personally insured the premises since September—if it was done, it was done by my solicitor—I was not aware that the previous quarter's rent was unpaid—I was aware that the Michaelmas rent was unpaid, and it has never been paid, because the premises were wrecked—I was not aware that at the time of my purchase the licences had lapsed—they were in existence—they were, I believe, in the name of Samuel Sparks—I do not know whether they were then transferred to the defendant—Mr. Tustin manages the leases—I had not read the covenants—Mr. Fustin on my behalf left Mr. Power in possession after 12th October, and no one else representing my interest between then and 7th November—I should think Samuel Sparks was his brother's alter ego, or right-hand or deputy—I heard that Harris had taken
some men and turned out our Mr. Power, and given Sparks some money—I have not seen our Mr. Power here to-day or Samuel Sparks—the information I had was that Sparks and Harris were conspiring together to get this property under a clause in the lease by hook or by crook—I never saw Samuel Sparks writing, and cannot say whether this (produced) is his signature, nor do I know the other writing here—Powell was paid by us up to 7th or 14th November.
Witnesses for the Defence.
STEPHEN FITCH . I am parish constable at St. Nicholas and St. Paul, Deptford—on 28th October the defendant and Samuel Sparks came to my house, and wished me to go and make the official change at the Two Brewers, and witness the signatures—it is part of my duty to attend to these transfers—I went to the Two Brewers—it was closed—no business was being transacted—we were not able to complete the transfer that day, but I went on a subsequent occasion with Harris and Sparks—Harris gave me 90l., and I paid 70l. to Sparks and 20l. to Power—I cannot tell you what for—I saw no documents; there was so much talking going on, I could not enter into it—I was present when Harris took possession—I attended the licensing session on November 12th, and a transfer of the licence was made from Sparks to Harris—Sparks did not attend; Harris was there—I did not see Harris's name painted up afterwards, but I saw him at the premises—I also saw the people who were put in to repair the premises—I knew one of them.
SAMUEL CHITTOCH . I am an auctioneer, and the freeholder of the Two Brewers, and the lessor of the lease of 14th August, 1875, to Mr. Harris—the fixtures and fittings were mine—I always had trouble to get the rent, and I always distrained, except for the first quarter—on 26th October I had again signed a warrant to levy a distress for the rent due at Michaelmas, and was about to put in a man named Booker, who had been put in before, but Harris paid the rent and the execution of the warrant was avoided—subsequently to that Harris put some men in to do some repairs to the place—I was aware of the transfer from Sparks to Harris after it was done, and was aware of Harris's intention to carry on the business—I am agent to the Westminster Fire Office, which is the one designated in the lease; there was a default, and the policy would have lapsed if I had not secured it—the payment due on 29th September remained unpaid till 21st November, and I paid it within the time necessary to keep it alive, within 15 days after the 29th—I paid it on account of the lessee—I did not know then who had the interest in the premises—I had not been requested to do it; I did it simply to save the policy, not to save a forfeiture of the lease, in whose ever hands it might be—I paid it in my own interest; if I had not done it I should have lost it—I saw on the evening of November 20th that the fixtures and fittings were taken down and removed; they were and are my property—I have adopted a civil remedy for the loss I have sustained, and that is now pending—I have also brought an action of adjustment for breaches of covenant; one breach of covenant is 21 days having elapsed without payment of the rent, and another is the non-payment of the policy—I have never countenanced or sanctioned the present proceedings—I am aware that there had been a quarrel about this property between the defendant and the prosecutor's representatives.
Cross-examined by MR. WILLIS. I am agent for the Westminster Office, in which the premises were insured, but I did not generally pay the insurance
and get it back from the tenant; I applied to the tenant in the usual way, but it never was paid; I have had to keep it up on my own account—the premises have always had a policy of insurance extending over them—Mr. Harris paid me on 1st November, and then all the sums I had paid in respect of the policy had been repaid me.
MR. SALTER proposing to call other witnesses, the RECORDER expressed an opinion that there had not been any forfeiture or any right of re—entry; and that even if there had been, everything done by the defendant was utterly unlawful, as he was under an obligation to keep the premises in order and restore them so to the landlord.
GUILTY . To enter into his own recognizances, and find one surety in 501, to come up for judgment next session, in the hope that in the meantime he will do something to repair the damage.
Before Robert Malcolm Kerr, Esq.
JOHN WELLS . I am a bootseller at 53, Church Street, Woolwich—on the 29th January I left my shop in my daughter's care—on my return I missed a pair of men's nailed boots, value 9s. 6d.—they had been hanging up inside the shop—these are them (produced)—I lost them for about a fortnight—I have two marks on them, the maker's mark and my own—the prisoner frequently came there; the boots were never sold to her.
CAROLINE REID . I am wife of John Reid, of 21, Chapel Street, Woolwich—the prisoner came to me at the end of January and asked mo to buy a ticket of these boots for 6d.; I did so—I got them out of Eden Place and re-pledged them at the other place in my own name—I know they are the boots because I had them in the house and in my hands—the two pawnbrokers are both Thorpes.
WALTER METCALFE . I am assistant to Mr. Thorpe, pawnbroker, Eden Place—I produce the counterfoil of a pawn-ticket for this pair of boots pawned by the prisoner—I took them myself and delivered them to the witness Reid—I made out a ticket—they are pledged by Mary Collins, of 5, Harrington Buildings, on the 29th January, 1879.
ALFRED CLOAKE . I am assistant to Mr. Thorpe, pawnbroker, Church Hill, Woolwich—I took these boots in pawn from Reid—I made out the ticket to Caroline Reid on 12th February—Detective Davis was in the shop at the time making inquiries about other things.
PATRICK DAVIS (Police Sergeant R). I was in Mr. Thorpe's shop on 12th January when Reid came in with the prisoner—Reid produced the boots, and pawned them for 5s. 6d.—they both left together—I asked the pawnbroker to allow me to look at the boots, as I suspected they were stolen—I found they were stolen from Mr. Thorpe, of Eden Place—I went to Reid, and had a conversation with her—I then went to the prisoner's house at 8.30 p.m., and asked her if she had sold for 6d. a pawn-ticket for a pair of boots she had pawned for 4s.—she said, "I did"—on the way to the station she said, "I have stolen them. My husband doesn't give me enough for the necessaries of life."
Prisoner's Defence. "I said my husband and me lived unhappy. I deny that I ever said I took the boots."
GUILTY . She was further charged with a previous conviction in January, 1873,to which she
PLEADED GUILTY**.— Seven Years' Penal Servitude.
Before Mr. Recorder.
364. EUGENE CARLMULLER (28) to several indictments for obtaining goods by false pretences, having been convicted of felony in June 1877.— Seven Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. MEAD Prosecuted; MR. GRAIN Defended.
CHARLES HEPPER . I am a pork butcher, of 353, Rotherhithe Wall, which business was assigned to me by Mr. Harrer, at Easter, 1877—the defendant was then a customer—he paid for one order under the other—in October, 1877, he owed me 1l. 3s. 4 1/2 d., which was the last order he gave me—I sent my son for it, and applied myself—he said "When I pay you, I shall owe you nothing"—in November, 1877, I took out a County Court summons, and when it came on I was non-suited—I took out a fresh summons—that was heard on 3rd February—the defendant was sworn, and said he did not owe the money, and that I charged him 2d. a lb. more than Mr. Harrer used to, and that he paid Mr. Harrer, and the daughter receipted the bill behind the counter, and he produced this receipt marked F.—the Judge gave judgment for the defendant.
Cross-examined. I was Mr. Harrer's man for 10 or 12 years before I took the business—the defendant was a customer of his for more than that time—he paid cash regularly—for some time he used little bills bike this (produced) and that would be receipted when he bought another supply of meat—if he called without the bill a receipt might be given on another piece of paper—before I took over the business, sometimes Mrs. Harrer would take the money or Miss Harrer—I did not alter the name over the shop—after I took over the business Miss Harrer came occasionally on a visit to my daughter—my daughter never took large bills, but merely trifles, behind the counter—I never saw them behind the counter together—I did not pay. a sum to Harrer for the business, but I pay him so much a week for the use of everything—I pay the rent and taxes—Harrer comes there occasionally—I took possession on April 3, 1877—Harrer took his book with him—I do not know whose writing this is on this paper, between "33lb." and "1l. 3s. 4 1/2 d.—it is not mine—I would not swear it is not my wife's—I may have sent in some bills to the defendant which Harrer left me—I never gave receipts on blank pieces of paper—the meat in respect of which I sued was supplied on October 17, 1877—I sued him in December because he ceased to deal with me—I do not know why—that was merely the complaint he made in Court, that I charged him 2d. per 1b. more than Harrer used to—I believe the defendant has been highly respected in the neighbourhood—I have not heard anything against him.
Re-examined. I had some fresh bill-heads printed about twelve month, after I took the business, headed, "Bought of Charles Hepper, late Harrer'—I think the date on that bill ought to be October, 1878, instead of 1877—the bill for the meat in question bore my name—that is the original which has been produced—I have never sent an invoice with the meat on a plain piece of paper—I have used Harrer's bills, and afterwards my own—neither Mr. Harrer nor his daughter ever received a halfpenny of my money there to my knowledge—Miss Harrer, when visiting the shop, wore her bonnet—neither Harrer nor his daughter were at the County Court on the last hearing.
WILLIAM HARRER . I am a cattle dealer, of the Foreign Cattle Market, Deptford—I formerly carried on the business at 353, Rotherhithe Wall, and I assigned the business to the prosecutor, after which I never interfered with it—it is not true that since Oct 17, 1877, I have been paid the 11. 3s. 4 1/2 d.—the receipt produced was not given by me or with my sanction—I should not like to swear that it is not in my daughter's writing—she does me very little writing—she might be in the shop and handle the knife for a little while and write a name—I was never at the shop at the same time as my daughter since I gave up the business.
Cross-examined. I have known the defendant a long while, and have had very considerable dealings with him—he bought regularly, and paid one order under the other—I have never known anything against him—he had a fire at his place, and has been ill since.
WILHELMINA HARRER . Previous to 3rd April, 1877, I assisted Mr. Harrer in his business—After Mr. Hepper took the business I never interfered—it is not true that the defendant in my presence paid my father 1l. 3s. 4 1/2 d.—I did not sign this receipt (F) in his presence and at that time—it is not my writing—I never signed any receipt for money received for the defendant since Mr. Hepper took the business.
Cross-examined. All the other receipts produced are in my writing—I used to sign "W. Harrer"—I used to visit there occasionally—when we had the shop my mother and I used to help, and if any one brought money I would give a receipt like those I have seen, and I have given scores of them to the defendant or his wife, or somebody on his behalf.
CHARLES HEPPER (Re-examined). The defendant did not go into the witness-box on the first hearing at the County Court—on the second hearing he produced this bill and said he paid Miss Wilhelmina Hepper, and the daughter signed the bill.
DANIEL CAHILL . I am a spirit merchant, of Rotherhithe Wall—I was present at Southwark County Court on 3rd February—I heard the defendant sworn and the evidence he gave—he said "I paid the money to Mr. Harrer, and his daughter, who was there at the time, gave me this receipt," which he produced.
Cross-examined. Hepper is a friend and neighbour of mine—I have dealt with him since I have been in the neighbourhood, about eight months—I have always had his bill-heads for everything he had—I went to the County Court for amusement—on the second occasion Hepper was represented by a solicitor—I was not there on the first occasion—the defendant was not represented by a solicitor—he took the receipt from his pocket with a loose lot of papers, and then he was cross-examined.
police-court—I said "I came there very often, but not to take money. I didn't come so often as once a week, perhaps once a fortnight. I used to call to see Hepper's daughter. She used to act as book-keeper to her father. I remember her mother being confined. The daughter acted entirely as book-keeper. I never signed a request or receipt for her for money received."
The Prisoner received a good character.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. LLOYD Prosecuted.
GEORGE URBEN (Detective Inspector A). On 17th February, about 3 p.m., I went with Inspector Parsons and two officers, Inward and Childs, to No. 7, Queen Street, Webber Street—Childs rapped gently at the door—the female prisoner opened it—Potter was sitting at a small table in front of the fire, almost facing the door—I walked in, and said "Is your name Potter!"—he said "Yes, that's my name"—I said "We are police officers, I suppose you are aware what we are here for"—he made no reply—I walked towards him and saw four sixpences on the mantelpiece—I said "Have you any bad money in the place?"—he said "No, I have none"—I said "What are those?" referring to the sixpences—he said "They are all right"—I moved a dirty towel on the table, and under it I saw a number of sixpences—I said "Halloa! what is this here?"—he rose from the chair and said "All right, you have got me; I may as well tell the truth"—I said "Is there any more?"—he replied "There is four or five shillings, I do not know which, on the sideboard cupboard"—I counted off the sixpences and said "Just see how many I have got here, 19"—he said "Yes; there was 20, one not so good as I should like; I threw it into the fire, where all the others would have gone if I had only known you had been coming"—the female prisoner then said "We are sold by some one; I'll round on them, I'll put them away; I'm no lag" or "old lag"—I suppose lag means returned convict—Potter said "Keep your mouth closed, I'll speak to this gentleman"—on the table was also a basin containing sand and lampblack; I believe it was wet and similar to that on the sixpences, which were as though they had been done over with the black—it appeared like lampblack, grease, and sand—I also found a spoon and a knife on the table—in the fender were three clamps and an iron ladle, which had been in use, and metal was adhering to it—the female prisoner could see everything but the sixpences under the towel—I produce them—in the fender was also a quantity of plaster-of-Paris, which had evidently been used, and was broken up very fine—on the mantelpiece I found six Hanoverian medals—as the other officer handed some things out from the cupboard Potter said "There is a mould there I wish you would take for my defence; that is a mould for making spoons"—I asked him if he had any spoons made from it—he said "No."
ROBERT CHILD (City Detective Sergeant). I accompanied Urben—I have heard his evidence, and fully agree with it—I found these five bad shillings (produced) in this purse, wrapped separately in pieces of newspaper—when Urben found the sixpences, Potter said, "I'm done, you have got me, it's no use denying it!"—I said, "Have you any more 1"—he said, "You'll find five shillings," pointing to the sideboard—I found the five shillings on
the sideboard in the purse—I said, "Is that all?"—he said, "Yes; five shillings and 19 sixpences"—the female prisoner said, "Thank God, I've no ticket to work out. I wished I knew who had rounded. If I had heard you knock at the door you would not have got in so easily"—I found this copper-wire and battery in the cupboard, and some of these bands, or clamps, and this metal of two different kinds—they are labelled—I gave them to Mr. Webster.
Cross-examined by Potter. You said the battery was given you by a friend—you did not give me anything.
WILLIAM INWARD (City Detective). I went with Child and Urben—I have heard their evidence, and quite agree with it—I saw the female prisoner leave the house about 12 o'clock, two hours before we went in—she just went into a shop close by, and returned in about two minutes—she did not go out again till we took her in custody—while the search was being made, she began to cry—Potter said, "You have got nothing to cry about; you don't know what I am doing"—then referring to me and the other officers, he said, "She has been out for an errand, and been out a long time"—I heard her tell Sergeant Childs that if she had heard us knock we should not have got in so easily—Childs said, "It was our duty to come here quietly."
ELLEN CURTICE . I am wife of William George Curtice, a blacksmith, 7, Queen Street, Webber Street, Blackfriars Road—about three weeks before Christmas Potter took a bedroom on the first-floor for himself and wife—said he dealt in pigs and fowls—he was a great deal in the house—I remember the female prisoner going out about 12 o'clock on the day the officers came—she was not many minutes away—then she went upstairs—she gave the name of Potter.
Cross-examined by Potter. She was downstairs a short time previous.
WILLIAM WEBSTER . These 19 sixpences are all bad; four of 1871 of the same mould; three of 1874 from the same mould; 12 of 1878, seven from one mould and five from another—in the absence of the moulds I have seen four good sixpences, one of 1871, one of 1874, and two of 1878—those are the patterns that we used for making the moulds from which these coins came—these five shillings are also counterfeit—this battery is incomplete; it wants a copper-wire and a screw—there is a ladle—these clamps are for holding moulds—this same copper-wire might be used for the battery—plaster-of-Paris is used for making the moulds; it is mixed on pieces of glass or tin—here is a mould for spoons; it has not been used—I would not say that the basin of sand produced contains lamp-black—sand is used for scouring the coins after they come from the battery—all the coins have been through a battery—they are cleaned by the sand, and then darkened by some black substance to deaden the brightness—I had to rub most of it off to compare the patterns—they were perfectly black—lamp black with grease is generally used—then they are wrapped up in paper, and before they are passed the black is wiped off—on the ladle there is some white metal of the kind used for coining.
Cross-examined by Potter. The battery would be complete with the copper wire—the depositing screw would not be necessary—the metal on the ladle might be used for spoons—the moulds for spoons have not been used.
Re-examined. The sixpences have been through a battery, and are fac
similes of those used for making the moulds—moulds are sometimes large, but most of them small and can be easily got rid of.
Potter's Defence. "Those metals are sold in the shops openly. There is no proof I ever used the battery. I had it given to me; with the white metal and moulds I have made spoons and pots for birds; the clamps were for holding them. I never saw a mould for making coin in my life. There were 20 sixpences. I was the worse for drink, and gave 2s. for them. I unwrapped them, and laid them on the table while the female was out. When I heard her coming I covered them with a towel She never saw them. The ladle is to make anything with. The plaster-of-Paris is for making the bird-pots.
Meagers Defence. I don't know anything at all about it.
PLEADED GUILTY.**— Seven Years' Penal Servitude.
MEAGER— NOT GUILTY .
NOT GUILTY .
Before Mr. Justice Hawkins.
368. VINCENT SZUMOWSKI (43), MARTIN PFEIFFER (43), and MORITZ SCHALET (41) , Feloniously uttering 186 forged 10-rouble Russian notes without lawful excuse. Thirty-six other Counts varying the manner of laying the charge.
THE ATTORNEY-GENERAL, THE SOLICITOR-GENERAL, and MR. POLAND Prosecuted; MR. PURCELL appeared for Szumowski, MR. RIBTON Pfeiffer, and MR. SAFFORD for Schalet.
THE ATTORNEY-GENERAL having opened the case, the prisoners consulted with their Counsel, and stated through an interpreter that they were guilty of the unlawful possession, upon which the Jury found a verdict of GUILTY on the first six counts. PFEIFFER was further charged with having been convicted of felony at this Court in September, 1877. (See Vol. 86, p. 534), to which he
GEORGE GREENHAM (Detective Inspector, Scotland Yard). On 6th November, at 1 o'clock, I went to 1, Jefferson Street, Bromley-by-Bow—I was aware that Inspector Roots had been there—a woman opened the door—I was with Inspectors Robson and Dowdell—I told her we were policeofficers—she went into the back parlour—I followed her, and saw part of a printing press, some lithographic stones, and other machinery—she suddenly ran upstairs; I followed her, and in the first-floor front room I found the two prisoners—I spoke to them in English and German; Trojanowski
answered me—I told him we were police-officers, and had come there to search for the machinery for the manufacture of Russian rouble notes—he said "I know nothing at all about it; the machine was brought here by two foreigners who I don't know"—he afterwards said to me in German, "About two weeks ago a Mrs. Artiss came and said that some machinery was on the way; the machinery soon afterwards arrived, and soon afterwards Szumowski came"—a little while afterwards he said "I knew that the machinery and other implements which Szumowski brought to the house were intended for the manufacture of Russian rouble notes"—I took them both to Bow Police-station, where they were charged—I afterwards examined the lithographic stones, and on two or three of them found impressions of Russian notes—I assisted in searching the house; Roots has a list of things found—I was present on the 29th when Szumowski was arrested; Russian rouble notes were found on him—I don't know how many.
Cross-examined. I said at the police-court that Trojanowski said "I knew that the implements he brought were used for forging"—that may have been seven or eight minutes after he said that he was innocent of it—he said that quite voluntarily, without any question on my part—I found no forged notes there—I found no ink—I did not search the room—I do not know what Roots and Dowdell found—I first heard of these forgeries on 26th October, when the case was placed in my hands—I began to watch the prisoners on the 28th—I saw the press in a downstairs room; it was taken to pieces—the impression on the stones was faint—the room in which I found the press was not the room in which I found the prisoners; they were upstairs—Seikrist said nothing.
JOHN RABINOWITZ . I am a Russian, and am in the Metropolitan Police Force—on 6th November I assisted in taking the prisoners from Scotland Yard to Greenwich Police-station—on the way Seikrist said to me in German, "Will you come and have something to drink? you need not be afraid to drink with me; I am an innocent man; I am innocent of the whole affair; I have only been in this country three weeks, and I have known Szumowski for some considerable time abroad; he has written to me to come over to this country to print Russian false rouble notes, but owing to some diagreement between Szumowski and Trojanowski I have not worked them yet; unfortunately I have destroyed all the letters"—he further said that he was a lithographic printer and a gardener by trade, and he worked at whichever he got first—I told Inspector Dowdell the statement he made—I did not drink with him.
Cross-examined. I have been in the Metropolitan Police since 1869—1, have been engaged in attempting to detect these forgeries since October and November—I did not during that time watch the movements of the men who have pleaded guilty, nor do I know who did—I was not in the Russian police before I came here—Dowdell does not understand German—Siekrist made the statement voluntarily—I am sure he said they were aware that the machine was brought there for the purpose of forging Russian rouble notes.
ALICE BURT . I live at 33, Devon Road, Bromley, and am agent to Mr. Pilbrow, the owner of 1, Jefferson Street—on the morning of 23rd September Trojanowski came and wanted me to show him a house, as he wanted to rent one—I took him to 1, Jefferson Street—he went over it and agreed to take it at 11s. a week—he paid me 11s. in advance—I cannot exactly tell
you when he took possession, but it was a few days afterwards; on a Thursday, I think—I did not collect the rent from him—he gave his address, 144, New Cross Road, and gave me this paper. (Read: "Sept 21st, 1878. Telegraph Works, Charlton. This is to certify that Jacob Trojanowski was in our employ, and left on his own account; further information will be given on application. Signed for Siemens Brothers.") I did not see Seikrist.
THOMAS BLVD . I am in the employ of Messrs. Winstone, of Shoe Lane, manufacturers of lithographic apparatus—on 9th October, in consequence of directions, I put together a lithographic press—I saw it put into the van and driven away by a carman—the same press was shown to me by the police at Greenwich Police-office—it was a complete press for the purpose of printing—I saw one Russian rouble note—the stones belonging to this press would take about six of those notes of that sort—the press was new when it left, and it had been used when I saw it at Greenwich—I had made part of it myself.
Cross-examined. I identify it beyond all doubt—it was in pieces when I saw it at the station—there are no other machines of the same pattern and size, but we have larger ones—this is a different pattern to those of other makers—there is a difference in the rollers which the bed travels on—we had others of this description, but we only sold one new one besides this during the year—we sold two or three old ones; I cannot say for certain—I said at the police-court that I could not tell how many similar machines we sold during the year without my book, and my book was not there, but I have since looked at it—I worked a part of this machine myself, and put some leather timping into it, which is never put unless it is ordered—it is the same machine—I think I said at the police-court, "I cannot say how long it has been in use;" also, "I cannot undertake to say if it has been in use six months"—I cannot tell you whether it has been in use six months only by looking at the bearings—I said "I made part of that very machine; I cannot say particularly that it is the one I sold on 9th October, but I believe it is, because I fitted a leather timping to it"—the machine I sold on 9th October was a new one; it had not been used up to that time.
Re-examined. The period for which a thing has been used, and how you can judge of it, would depend upon the use made of it—if it was worked night and day, that would appear—our name is on it, and the initials of the firm are on the stones—it is the same machine.
STEPHEN ROBERT BANNISTER . I am warehouse clerk to Winstone and Sons, of 100, Shoe Lane, printing-ink manufacturers—they sell lithographic stones—I have got my book here—on 9th October we sold to some female a lithographic press and sundry other articles, which came to 17l. 9s.—it was a ready-money transaction—no name or address were given—she went out and brought a truck to fetch them away, but I did not see it—this is a list of things she bought, "One lithographic press 11l. 15s. leather time, five grey stones, two slabs, one for grinding, one small roller, half chrome, half burnt sienna, &c., one extra strong litho stone, one nitric acid and bottle, 1/4 lb. transfer ink, &c"—that forms a complete set of materials for lithographic printing—the chrome is used for printing.
Cross-examined. We sell a good many of these articles in the course of a year—I never keep an account—we sold 10 or 12 last year—I saw this machine at Greenwich, but did not know that it was ours—I said
at the police-court that it might be, but that I could not swear to it—we sell a great number of stones—it is not usual to sell eight—the stones must be the size of the press, but the number may vary, some persons will take one, and some a hundred.
JOSEPH CHRISTY . I live at 63, St. Leonard's Street, Bromley—that is next door' to 1, Jefferson Street, where the two prisoners lived—I remember the police coming and taking them away—some time before that I remember a van coming to their door—I was looking on, and saw some stones and a machine taken out of it—the prisoners unloaded the van, and took the things into the house—I think that was four or five weeks before the police came and took them away.
Cross-examined. This was late at night—there was one carman there.
WILLIAM SMITH . I live at 4, Alexander Place, Gloucester Koad, and collect rents for Mr. Pilbrow, the owner of 1, Jefferson Street—Alice Burt let that house to Trojanowski, and I went there to collect the rent on Monday, 7th October, and saw Trojanowski and his wife, and he gave the name of Julian, and paid the rent from the previous Monday, September 30th, 11s.—I went every Monday before he was arrested and collected the rent—I generally saw him and his wife—I have seen Seikrist in the house, but only on 6th November, when I went with Inspector Hoots—I saw the police take possession of the various articles—Trojanowski never told me what he was doing there—I used to go into the parlour.
Cross-examined. I first saw the machine when I went with the police—it was in the back room, a portion of it—I had not been into the back room before—they always introduced me into the parlour—I believe Trojanowski held the whole house.
GEORGE ROBSON (Police Inspector). On 6th November I went with Greenham and Roots to 1, Jefferson Street—Roots went in first and had all the conversation before I went in—this is a list of the things taken from the house: "One lithographic printing press complete, one copperplate press, eight litho stones, one muller, one litho rule, two erasers, two graver's tools, one steel plate, three handrulers, three new bolts"—those bolts are to be put on a door to fasten it, and one new bolt had been put on the door of the room where the machinery was found—"one file, two gutta-percha pads, one packet' of plaster-of-Paris, 22 tubes of ochre and various colours," and downstairs where the heavy part of the machinery and the stones were was a large tub containing dirty water and sand, some pumice stone—one stone which was standing by the tub was damp—there was a large quantity of paper, some of which was cut in pieces about the size required for making these, rouble notes—all those things have been shown to Mr. Chabot and one of the Russian witnesses.
Cross-examined. This is the paper (produced)—the press was in pieces—I found no black ink—the other paper was found in large quantities; that is not the same which was cut for the notes; there is a large bundle cut in single pieces.
JOHN DOWDELL (Policeman). I went with Greenham and the other officers, and followed Pfeiffer from the Zoological Gardens to the Elephant and Castle—I ultimately searched Schalet, and found on him a pocket book containing a number of memoranda and two packets of Russian rouble notes, one of which contained 100 25-rouble notes forged. MR. TICKELL objected to this evidence, as the Prisoners had not been connected with it, and it was not proceeded with.
DANIEL MORGAN (Police Inspector X). I know Szumowski and Pfeiffer, who have pleaded guilty to-day—I kept observation on them two or three months in 1877—I also know Seikrist, and have seen him in the company of Szumowski and Pfeiflfer—I first saw him in their company about the beginning of May, 1877—since April and May, 1877, I have not seen them until they were in custody—Seikrist and Szumowski were continually together; they lived together.
Cross-examined. I have seen Seikrist in company with Pfeiffer and Szumowski during April and May, 1877—I first saw Seikrist in the beginning of May—I saw Seikrist occasionally with both of them—after May, 1877, I discontinued the observation and was put on other duties—I do not know whether he returned to his own country—he lived with Szumowski at 29, Osnaberg Street, Regent's Park—Mr. Petherick the bookseller occupied the house—I do not know whether Seikrist went there as a guest; I saw him come out early in the morning and go in late at night and not go out again—the landlord of the house is here.
JAMES PETHERICK . I am a news agent, of 29, Osnaberg Street, Regent's Park—I know Seikrist as the guest of Ostozier—I know that man (Szumowski) well as Ostozier—Seikrist stayed there about May, 1877, about six or eight weeks, not more—Ostozier was my tenant and Seikrist was his guest.
Cross-examined. Seikrist came to stay as the guest of Ostozier; after that he went away—Ostozier represented-himself to me as agent de commerce—he gave me a card—they did not tell me anything about the other man, but Ostozier told me he was his friend.
CHARLES CHABOT . I live at 27, Red Lion Square—I was for many years a lithographer, and have a thorough practical knowledge of the business in all its branches—I have seen the lithographic apparatus produced by the police—I saw it put up at Scotland Yard as it would be for working—it was complete, and had been used—the tubes of colour would be used for printing what are called tints, not for opaque colours—I have seen all the Russian rouble notes in these packets taken from Szumowski; they are lithographed—if a person wanted to make those notes he would require a lithographic press and lithographic stones—all these in the packet "GR" are from stones and from the same stones, and the same in both packets—I have seen what would be a makeshift for a copperplate press; it was not made for one—it could be applied for taking transfers of small pieces such as these, because these might be engraved on a separate plate, and then a very small press would do to take a transfer and put them together, but I do not know whether it has been used for that purpose—another application to which it might be made would be for glazing the papers when finished—I have examined the eight lithographic stones produced by the police, and numbered them as I examined them—on stone No. 1 there are tints from the printing of six one-rouble notes—the border and the corner of the note I could trace very distinctly—I am perfectly certain that is the same kind of border and corner as is used in a genuine Russian one-rouble note; it is an exact counterpart, the same size and length and breadth—I could not, of course, trace the fine design, that would be impossible—on stone No. 2 I found the lettering of these one-rouble notes—I could
trace all the letters of line 5, letter for letter—the formations of each are peculiar; in lines 1, 2, 3, and 4 the type was similar—I could not trace the individual letters except by the space that they occupied—the ornamental Fin line 1 I can swear to—then on stone No. 3 there were six impressions or designs for the back of a rouble note, that is, for six notes—I could see distinctly the devices between the tablets containing the figure 1, and I could see the 1 inside—I could see them sufficiently to measure that there were the same distances between—the border was the same size, and there was the small type beneath the tablets, which I could see occupied the same space and was the same lettering—on stone No. 4 there were only three impressions—they were all different—all I could see upun them was the border of the back of a one-rouble note—it is my belief that those three were the originals from which other transfers were made, so that they could be renewed—all these four stones, 1, 2, 3, and 4, had the old work not merely ground off, but they were quite clean and nicely grained, and in a fit state to receive new work; you might have drawn a portrait upon them—No. 5 was polished fit for use—I could not discover anything upon that; it was merely polished—the first process in rubbing a stone off is to take coarse sand or pumice stone—in this instance pumice stone had been used—there may have been something upon it before, because a new stone would not be delivered in that state—I can tell the difference between a new stone and an old stone—this had been used, and the process of taking it off had been gone through—stone No. 6 was grained ready for use—I was not successful in tracing what had been upon it, but it had been used; I am certain of that; it had been polished down and grained—sand is sifted through a sieve, generally from 90 to 120 to the square inch, it would be the finest of these, and it would be absolutely necessary to put ink work on such a face—the sand is all one size—it is thrown over the stone, and another small piece of stone with some water is rubbed over it very carefully—that is called graining—a good grainer commands good wages—sea sand is not sifted at all—it is merely to cut it down—there is great danger of the work coming up in the next printing, and you may sacrifice 20l. worth of work—sea sand is used to take sufficient surface off the stone before beginning the graining—I used myself to take a very coarse instrument and make a gash across the stone, so that I should be sure the old work was ground off—graining is a delicate process of preparing the surface for the next work after being ground down—I do not think that sea sand had been used on these stones—stone No. 7 any one may see has been used for a black slab to spread black printing-ink upon it—No. 8 appears to have had three tints—those tints were rather larger than the one-rouble note itself, but it ia necessary they should be larger—in a one-rouble note the tints extend beyond the paper—(Looking at the back) it extends right over to the outer edge of the paper—it is necessary the tint should be larger than the note, and the paper is larger when first printed than in its present state, so that when the edge of the paper is trimmed you cut the margin clean—you could not print it if it was the same size; it would be always spoiling the next note—they are cut after they are printed—the paper produced is exactly the size to allow for the cutting; just a little larger than the notes—it would require to be a little larger; you could not print exactly to the edge; it would always be slipping, and spoil the next note it came over—stone No. 8 is only polished, and in a dirty state—the quickest way of erasing the impression is with a piece of pumice stone; the most effectual way is to grain down with sand.
Cross-examined. On Nos. 1, 2, and 3 the impressions were of a one-rouble note—Nos. 5, 6, and 7 I cannot tell whether they referred to a one-rouble note or not—No. 7 was only an ink slab—No. 4 was the back of a onerouble note; there were three different impressions, one the back, one the front, and the other something else—I can swear that one was the back—5, 6, and 8 I could not distinguish—6 and 8 had been used—black ink would be necessary for making the notes; no black ink has been found—varnish would be necessary, but none has been found—there must have been black ink, or there could not have been the black ink slab—there was no palette knife or scraper—I missed a great many necessaries—the material for printing a perfect note were not all there, but a very long way towards it—I cannot say that any of the notes produced were made from the stones I saw, but the stones had been used to produce notes exact facsimiles of the Russian one-rouble notes—there is no doubt about that—the paper that might be made into a ten-rouble note is larger than the note—it might be used for anything else—I cannot tell the exact size of paper for a ten-rouble note—if the same size as a one-rouble note the same size paper would be required.
Re-examined. If engaged to print a ten-rouble note I should have paper this size (produced); I should cut it to that size—No. 7 stone has been used as a slab upon which black ink is spread for the roller to take up the ink—there is black ink on it—other slabs are called colour slabs—no cutting machine would be required; the notes can be cut with a rule and a knife—a dozen at once can be cut very exactly; I have done it myself frequently—this is a little irregular as if the rule had not gone in a straight line—some of them are very good, but in that (another) the printing is very badly done.
JEAN DE HENNINGER . I am now staying at 21, Bloomfiekl Road—I live at St. Petersburg, and am in the service of the Emperor of Russia, attached to the Ministry of Finance—I have been engaged fifteen years in the State manufactory of Russian notes—this (produced) is a genuine one-rouble note—there is here also a genuine ten-rouble note—these are all forged tenrouble notes.
Cross-examined. Forged ten-rouble notes of this description, but not all this size, have been in circulation since 1870—we first commenced to detect the forgeries in England in 1873—the police have not been making inquiries since that time.
Re-examined. A rouble note is worth about 3s., English money—these notes are current in Russia.
THOMAS ROOTS (Police Inspector). On 6th November I went to No. 1, Jefferson Street, Bromley-le-Bow, about 11 a.m., in private clothes—I represented that I had come from the landlord, and wanted to inspect the roof and drains—I saw the two prisoners in the front room upstairs—I said to Trojanowski, "What is your business?"—he said "I am a maker of ebony brooches, lockets, and earrings, in which I insert pieces of telegraph cable"—he showed me an ebony cross or brooch in which some telegraph cable was inserted—I picked up a small roller press in the room, and asked him what it was used for—he said "I use it to roll boiled ebony with"—I then went downstairs, and in the back room I found parts of a lithographic press covered
with old carpet—I then left and communicated with Inspector Greeuham—they were in the neighbourhood—I then went back before them, and saw Seikrist removing parts of the machinery—I saw a tub half full of water in the back room where the press was, and near it a lithographic stone, wet—it was not there when I went there first; some one had been engaged at the litho stone between the first and second time—the stone was out of the tub; it was wet—I did not find on searching the premises any ebony or brooches, or any stock in trade of that kind—there were several pieces of telegraph cable.
Cross-examined. He gave me a piece of cable—I can produce it here—he showed me a cross—I saw Seikrist removing the machinery when I returned the second time—Mr. Smith, the landlord's foreman was with me then, no one else—it was about 25 or 30 minutes after I had left the house the first time—said at the police-court that I saw Seikrist and Mrs. Trojanowski moving the machinery.
By the COURT. Trojanowski was not there—Seikrist and Mrs. Trojanowski were where this wet stone was.
GUILTY .— Ten Years each in Penal Servitude. ZSUMOWSKI, SCHALET, and MYZECH.— Ten Years each in Penal Servitude.
PFEIFFER.— Twelve Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MR. BESLEY Prosecuted; MR. GUIRY Defended.
HENRY HISCOCK . I am Secretary of the South London District of the London Union of Basket Makers—the District Society meets in the Commercial Road—have attended the meetings of the Society since July, 1876—from that time to January 14, 1879, the prisoner held the office of District Treasurer—the meeting nights are about every fourteen days—I attend as Secretary—the cheque steward gets the money from the mernbers—he writes down and I write down, and at the close of the evening, upon the total being cast up, if we agree, the amount is handed over to the Treasurer—he attends those meetings—this is a book of the accounts, and he has signed his name there upon each of the evenings: October 5l. 10l. 13s.; October 12, 5l. 1s. 3 1/2 d.; November 9, 7l. 12l. 11d.; 23rd, 12l. 19s. 11d.; December 14, 11l. 2s.—upon those evenings those amounts were handed to him before he signed for them—the prisoner did not attend the meeting on January 4—it was adjourned till January 11, but he did not attend then—I saw him in the interval, and told him of the meeting on the 11th, and he did notcome—on the 14th I went to him for money—I did not get any—he promised to come to my house that night and bring some—he did not come—members are entitled to sick pay and sick relief—there were members requiring pay at that time—I paid 4l. or 5l. out of my own pocket—I borrowed it for that purpose—it was his duty to keep the moneys of the Society to meet cheques for sick pay—Green is a member—I received this letter: "January 14,1879. Mr. Hiscock.—Dear Sir,—Circumstances having placed me in a very awkward position, and as there is about 24l. to be paid this week, and not being able to get the money, I must, although very reluctant to do so, ask you to get the money from headquarters, and you can please make up my account, and what 1 owe I will pay as soon as possible—Yours, &c., G. W.
BERRY. "I went again on Friday, January 17, about 11 to 12 o'clock, and saw him where he works, and took cheques for sick pay—I called him out of the shop, and we went to a neighbouring tavern—I said, "I suppose you know what I have come about?"—he said, "Yes, I guess"—I took the cheques out of my pocket and showed them to him—these are the cheques for members entitled to those payments—he said he was very sorry to say he was not in a position to meet them—I asked him if he could meet a portion of them—he said he was sorry to say he could not, and that we should have to get the money from the general treasurer—I told him if he could not meet them that was where I was going—I said, "It is a bad job; when can you make it convenient to meet me to balance the accounts; could you do so on Friday"—he said no, his wife was ill—I said, "Saturday"—he said no, he would endeavour to come to my house on Monday—Green said, "Then I suppose you mean to say you have misappropriated our money?"—he said, "Yes, I am very sorry to say I have"—he went through the books with me on the following Monday evening—the balance was signed for 35l. 2s. 8 1/2 d., after giving him credit for everything he had paid—he acknowledged it—he saw me again on January 20—between September 14 and the next meeting on January 4 he honoured cheques to the extent of 7l.—we drew 7l. on account, and he has a receipt for it—that was before the account was made up—on January 20 I told him the matter had been reported to the committee, and he asked me to forward the letter marked B to the chairman: "To the Executive Committee of the London Union of Basket Makers, January 20, 1879.—Gentlemen,—Having received an invitation from Mr. Hiscock to meet the committee respecting my cash account, over which I have unfortunately had no control during very adverse circumstances I am sorry I cannot attend, but Mr. Hiscock is the bearer of a communication from me which I hope you will kindly consider. I am very sorry that it should have occurred just at this time, but I hope in a short time to recover myself and make all right. Yours respectfully, G.H. Berry." He put this I O U inside the letter: "I O U, the Treasurer of the London Union of Basket Makers, the sum of 35l. 2s. 8 1/2 d., and I will agree to pay the same by instalments of 1l. per month or more, if circumstances will admit. GEORGE H. BERRY. 35l. 2s. 8 1/2 d. Witness, H. Hiscock."I signed it to prove to my brother officers that it was correct—I am not a member of the executive committee—I attended the executive committee, and left the papers there—I took no part in the discussion.
Cross-examined. I went first to see the defendant at the desire of the members, and acted in their interests and as their representative—I acted as their representative when I borrowed the 4l. or 5l. to pay some of the demands—the members have paid that—I said I had borrowed it—there were probably over 100 members in the society at this time—as the representative of the district I took the letter and I O U to the committee at Mr. Berry's request, not as the representative of the committee—I witnessed it to show that the account was correct—I made up the account with him—that is an acknowledgment of the account—he asked me to take the letter and I O U to the committee—I was sent by the members to see Berry and get the money—we were always pretty good friends—I have had a trifle from him before now on account of salary—the society employs me, but I draw my salary from the treasurer—I have also borrowed a few shillings from him, and always paid him—I remember a County Court transaction—I have paid
him that, and I produce a receipt for it—Green is a brother member, but not a member of the committee.
Re-examined. When speaking of going for money on 14th December on behalf of the the members, I meant the members out of work and sick—from the time the matter was reported to the general treasurer and committee I had no control over it.
JOTH CLAPP . I live at 14, North Street, Vauxhall Square, and am general treasurer of this trades union—on Wednesday, 5th February, I had been informed of the sick pay not being paid by the branch treasurer, and in consequence I went to see him—I found him at the shop where he works—I had a demand for 35l. 2s. 8 1/2 d., the actual balance he held—he said he was very sorry, but he could not meet the demand—I said it was very unfortunate for us, considering we had a lot of men out all over London, and that that money was like a little fortune to us—I said "The committee meets next Monday, you had better come up and see those men, and try and meet the liability"—he said he was very sorry; he would see—he admitted he owed us the money, but he did not say whether he had any—we never saw him since.
Cross-examined. I had a right to demand the money—it is not the practice of the district treasurer not to give up the money in his district until there is a vote of the committee with regard to it—it is voted by the members of the district—this vote was not made.
THOMAS MULLENS . I am general secretary of this trades union, and have the minute-book of the executive committee—I attended the meeting on the 10th February—the prisoner did not come—the resolution here was passed that he was to be prosecuted the was paid as treasurer 6d., each meeting night.
DAVID GREEN . I am one of the auditors of the district society of which the prisoner was the district treasurer—I went with Hiscock to confer with the prisoner on the occasion mentioned—I saw the cheques produced—I asked him for the money—he said he was very sorry to say he had not got it—I heard Hiscock ask for a portion of it—he said he was not prepared to meet any portion of it—I asked him myself, in order to be satisfied—I said, "Then you have misappropriated our money"—he said "I am sorry to say I have."
Cross-examined. He made no proposal then in my presence as to the payment of the money.
Re-examined. I heard of the communication which he asked Hiscock to forward to headquarters.
GUILTY .— Six Month's Imprisonment.
Before Mr. Common Serjeant.
MR. POLAND Prosecuted; MR. MONTAGU WILLIAMS Defended.
BERNARD BOLTENSTEIN . I am now staying in the Sailors' Home in London—my home is in Philadelphia, United States—I am a German—I was a sailor on board the vessel Fanchon—she sails under the British flag, and belongs to the port of Yarmouth, Nova Scotia—I joined her in December,
1878, and sailed from Philadelphia to the Tagus—the prisoner was the chief mate—he is an Englishman—a man named Stobie was boatswain—I am an able seaman—the vessel was anchored in the Tagus in the tide-way, a few miles from the mouth of the river—we lay abreast of Lisbon—while anchored there on the 29th, I went ashore in a boat with the captain—there were in the boat including myself four able seamen and the boatswain Stobie—we rowed the captain ashore and landed him—we had several drinks, and afterwards returned with the boat to the ship—Stobie returned with us—one of the sailors brought a bottle of spirits, and gave it in charge to Stobie, who brought it on board—I went to work down in the hold, and we all had a drink out of the bottle—I was the worse for liquor—while down in the hold Stobie kicked me—he said I was not working—he hit me in the eye and knocked me down and kicked me—he struck me with his fist—my nose bled—I then went up on deck—the prisoner was also down in the hold, but had gone on deck before me—the prisoner said, "Go down below. Go to your work"—I said, "I will, as soon as I have got the blood washed off"—he said, "Go down below"—I gave him the same answer as before, and he followed me aft, ordered me below, and struck me with an iron belaying-pin—he got it from between the fore and the main rigging—he struck me on the forehead with it—my hat was below—I lay insensible for a couple of minutes, and bled—the belaying-pin is about 14 inches long, and two and a half to three inches round—when I came to my senses again I got up and sung out for help—I called out towards the river—there were other vessels about—he then told the steward to get irons and handcuffs—the steward got the irons out and gave them to Cook, and he ironed me with my hands behind to a stanchion—I continued to call out for help—he said, "If you don't be quiet, I'll knock your brains out"—I did not keep quiet—he then picked up one of my shoes from the deck and hit me with the heel in the eye and on the nose—I think there is something broken in the nose; it is still sore—the blow closed my eye up altogether—when he threatened to knock my brains out I said, "Now you can hit me again, you cowardly brute," and he then struck me with the shoe—I told the carpenter to get me something to cover myself—I had nothing on—he had torn my shirt off—I was kept up to the stanchion for about half an hour—I remained quiet at last—the carpenter brought his own jacket, but the prisoner ordered him back again—then the Portuguese police-boat came—the captain came a little while after—I was sent to the hospital in the same boat with Cook and Stobie, who were taken to prison—I was 10 days in the hospital—I lay three days in the Portuguese hospital and seven days in the other hospital—the doctors could not say whether I should live or not—I had brain fever in the Portuguese hospital, and was insensible all the time—all my hair is off from the fever—I was attended by the doctors, and after 10 days I was able to be discharged—then I made a statement to the English Consul, and was sent to this country with the prisoners to have the matter inquired into here—Foster and Waldgren, two of the crew, were also sent home with me.
Cross-examined. The crew consisted of seven able seamen, the captain, mate, boatswain, the cook, steward, and boy—there were six foreign seamen—the ship was lying in Lisbon harbour, abroast of Lisbon—we came down the docks and we anchored in port—Stobie cams into the hold and told Cook he had brought a bottle of gin on board—I did not hear him teli Stobie
to serve it out to the men in the hold—it was about 2 o'clock—at 3 o'clock the steward served out grog to all hands as usual—I was intoxicated—I did not hear angry words with Stobie—I knew what I was about—I did not have angry words with him down the main hatch—I did not put myself in a fighting attitude—Stobie would be my superior officer—Cook was in command in the captain's absence—I did not hear him order Stobie to go round on the port side of the hold to work—I did not have any scuffle with Stobie—Stobie knocked me down—I was trying to get up, and every time I tried to get up he knocked me down again—I do not know that Waldgren did not try to draw his knife—he always carried one—I did not see him try to draw it out of the sheath—I did not see the prisoner take the knife out of his hand—two sailors, Waldgren and Edwards, came to my assistance—I could not see if they had hold of Stobie—I was lying on the floor—I do not know if the prisoner got possession of the knife and assisted in freeing Stobie—all hands knocked off work—before Cook struck me I had been knocked down by Stobie, and two sailors had interfered to get him away from me—I saw some of the hands come up when I went on deck—I do not know whether all hands were on deck—my eyes and face were full of blood—the forecastle is on deck with a door opening forward—the mate got to the forecastle, but I don't know whether he called the boatswain to fetch the key of the forecastle—he placed himself at the forecastle door and told the men he would not allow any of them through till the hold was clear—I do not know if they then made a rush at him headed by Waldgren—I did not see that—I did not see them shove him over the forecastle door—I do not know if he went aft to put Waldgren's knife in his room—he sent Stobie into the hold to look after the work—I do not know if the prisoner then came forward to look into the main hatchway, or whether Edwards was sitting on a spar with his arms folded—I heard the prisoner order Edwards to work—he was standing on the rail abreast the main hatch—I do not know if he said "I will work no more, "or that he put himself into a fighting attitude—I heard the mate say to the man "Go to your work"—he went to his work again after the mate struck him with a belaying pin—he did not go just when he was told—I do not know if they were all drunk, or whether any of them were intoxicated—they were all at work in the hold, and did their duty—Edwards, myself, and two more men, went on shore—I do not know their names—Edwards had drink; perhaps he can stand more than I can—the other two had drink on shore—I cannot say that they were all intoxicated—all hands drank out of the bottle on boards, and they all had their round of grog at 3 o'clock—I never saw the—carpenter with an axe nor Waldgren with a shovel—I do not know if the captain and mate stood at the head of the ladder of the main hatch to keep the men down—I saw the mate on deck—they did not return to their work right away—one was driven out on a jibboom and the other somewhere else—they all went down below after a while—the mate might have told me to wash my head and face, I did not hear it—I did not instead of doing so commence shouting before he struck me—he was chasing me round the deck—I made no noise till he struck me—I do not know if he ordered the steward to wash the blood from my face, or that he refused to do it and forbade the boy to do it—he asked the steward to go and get a pair of irons—I do not know if he ordered the boy to bring a basin of warm water—I was singing out for help—I shouted "Murder!
—the steward brought the irons, and I was ironed with my hands to the stanchion—the captain came on board—I could not say whether the captain said to me "It served you right"—he told me to go forward and wash myself—he did not tell me I was drunk—Stobie knocked me down several times—I could not tell how many times—I fell on the floor in the hold; there were staves lying about—I aid not fall on them—they are used for making casks—I was not knocked down on the staves—I did nothing to aggravate Stobie.
Re-examined. Up to the time the prisoner chased me round the deck I made no noise—when he struck me I sung out for help—a vessel was lying about twenty or thirty yards off; we could speak to them—I never struck him or used any violence to him—I kicked at him after he had put me in irons, and was going to wash the blood off—I did not kick him; I tried to kick him because he had hold of my hair, and held my head down to wash the blood off—he had a basin—the forecastle is where the men would go to their meals—he said he would not allow any one to go in—our vessel is nearly 600 tons, and she was anchored in the river in the tideway, where the tide ebbs and flows—the river is five or six miles broad at that part, and about half a mile from the shore—we were off Lisbon in the harbour, not in any dock.
CHARLES FOSTER . I am an American—I was the cook and steward on board this vessel, and had been three voyages in her—I was on board on the voyage from Philadelphia when we went into the Tagus—I did not go on shore with the captain—I saw Boltenstein and Stobie down in the hold about 2.30—I saw Stobie strike Boltenstein down in the hold—I was sober—Boltenstein was afterwards called on deck by the mate, and was bleeding from the nose—when on deck the mate (Cook) told him to wash his hands and keep quiet—he then went forward and halloed out to the other vessel for help—the mate went forward and asked him if he was quiet, and took the man's shoes that lay on deck and led him aft, and struck him on the back of the head with the shoe—he then asked me to get him a pair of irons—whilst I was in the cabin I heard some words between them, but could not say what they wore—when I came out I saw the prisoner strike Boltenstein with the iron belaying pin in the forehead; that was before he was fastened to the stanchion—the effect of the blow was to knock him over the hatch—he did not move; he lay for two or three minutes insensible—the blood flew all over the hatch—when he came to, the prisoner put the handcuffs on him and fastened him round the stanchion with his hands behind him—he told the boy to go and wash Boltenstein's face, and the boy said he would not do it; he had nothing to do with obeying his orders—he was my boy, the cabin-boy—the mate asked me for a pan of water, and I gave it to him—he went aft and washed the face of the man in irons, and he made a kick at the mate, but did not kick him—he did not get a hold of him—he was going to wash his face—I believe Boltenstein called him a coward; that was when he was fastened up—when he made a kick at him the mate struck him in the groin with his fist—he then got hold of him by the hair and washed his face—that was a little after he had kicked at him—the sailors generally wear knives in the sheath—the prisoner took a knife from the sheath of one of the men—the man had told the second mate to knock off from abusing the sailors—Waldgren and Edwards both spoke to the prisoner, and asked him to knock off, for God's sake, from beating them
—it was Stobie the boatswain they spoke to—the chief mate took the knife from the man down in the hold while they were speaking to Stobie—I did not hear the prisoner say anything when he took the knife—the man was not using the knife; it was in his sheath—he was speaking to Stobie at the time—I was sober—Boltenstein was worse for liquor, and Stobie was drunk—the prisoner was sober—shortly after this the captain came on board—Boltenstein was kept fastened to the stanchion about half an hour—the Portuguese police-boat came before the captain—then the captain sent him to the hospital, and he sent the prisoner and Stobie on shore for the Consul to deal with the case—I am quite sure all that Boltenstein did when I was present was when after he was in irons he kicked at the prisoner—before that he had not struck the prisoner or used any weapon.
Cross-examined. I did not see Boltenstein struck with the shoe after he was in irons—I was sober, because I do not drink—the seven able-bodied seamen were all foreigners; the only one not a foreigner had left—all except one were taken on board in Philadelphia and had gone to Lisbon with us; that one was shipped in Philadelphia the voyage before—Boltenstein was not mutinous that I know of, nor refusing to work; he was a very quiet man—Edwards and Waldgren seemed to be sober; I could see no sign of liquor on them—I am not sure if Edwards was one of the men that had been on shore—I do not know whether Edwards and Waldgren had been drinking out of the bottle—I can swear that no knife or threat of knife was used by Waldgren—I cannot say why the prisoner took the knife from him—he was asking the second mate to knock off from abusing that man—he said, "You will be sorry for this after you are sober"—Boltenstein and the boatswain were both the worse for drink—Edwards and Waldgren did not threaten the boatswain; they said, "We will not work any more while the beating is being carried on"—that was when the prisoner told them to go to work—he had not then committed any assault—he was in command of the vessel, and responsible for the management and control of the vessel in the absence of the captain—Boltenstein and the boatswain had a bit of a scuffle, but he did not put himself in a lighting attitude—the boatswain made a strike at him—I was there when Boltenstein came on deck—the boatswain struck him, and then Boltenstein put himself in a fighting attitude—when Waldgren came on deck Stobie knocked him down, and then he knocked Stobie down—that was before any assaults by the prisoner—Edwards did not put himself in a fighting attitude—he was knocked down soon afterwards, but not before the prisoner had committed the assault—Edwards was struck in the forehead by the mate—that was not because Edwards had attacked him—he did not attack him—he was sitting on the bar with his arms folded—he refused to work—the mate went up to him and said, "Will you work?"—he said "No"—the mate then took up a belaying pin and struck him twice on the head—Edwards is a Russian—this was before the assault by the prisoner upon Boltenstein—Boltenstein was not putting himself in a fighting attitude—there was no fight in him—he was told by the mate to go and wash his face—he told the mate to wash his own face first—then the mate struck him with the belaying pin—the boy was told to get the water, but would not go—I went—the boy is under my orders—I am under the orders of the captain—I do not know whether or not I am under the orders of the mate when the captain is away—stewards of vessels are their own "bosses"—they do their own work without any interference from any one except the captain—
there were only two men on deck—the men all stowed themselves away, they were scared to death—they were all sober so far as I could see—I gave the prisoner the water out of the galley on deck—I was about two minutes getting the water—the prisoner struck him in the groin once after he was lacked at—I got the irons—it is the custom to put men in irons who are violent and refuse to obey orders—I considered I was doing my duty in getting the irons—I considered myself under his orders—I did not consider it a fit and proper case in which a man should be put in irons—I went because I told the mate he was taking the law in his own hands by putting the man into irons in port when we were rather more than half a mile from the shore—another vessel was about a couple of lengths from us—I did not see that Boltenstein had a knife—it is customary for sailors to carry a knife—Waldgren had a knife—I cannot say if Edwards had one—I swear I did not see it—when I heard the cries I came to the hatch—Cook was there, Stobie the second mate, and Boltenstein lying down and Stobie kicking him, and also Waldgren and Edwards—that was about half a minute after I heard the cries.
By the COURT. Boltenstein was in the hold when he said that he wanted to wash his face—he did not say that on deck.
EDWARD WALDREN . I am staying at the Sailors Home—I was a seaman on board the British ship Fanchon—I remember her being in the Tagus on the 29th January—I did not go ashore when the captain went, I remained on the vessel—when the boat returned I remember Boltenstein being down in the hold—Stobie and I were there—Stobie knocked Boltenstein down and kicked him—his nose bled—I went to Stobie—the prisoner and Stobie were both in the hold—we all wore knives, I was wearing mine—the prisoner took it from me—I do not know why—I had not drawn it and did not intend to draw it—I told the boatswain (Stobie) to knock off kicking the man because they would be sorry for it—as he would not knock off, I said "I am not going to stop here any longer," and went up on deck—my knife was taken from me before I said this, when down with Stobie—Cook took it from my sheath—we all went on deck—I was on the sailors' forecastle, the fore part of the ship—I only saw what took place between the boatswain and Boltenstein, and not between the prisoner and Boltenstein—I went down the hold again and I heard some one crying out—I cannot tell who—I was sober—Boltenstein was not sober.
Cross-examined. I was not on deck when the captain returned—I was on deck shortly after, and the police boat came—I heard the captain say to Boltenstein, "That serves you right"—Cook was down in the hold when the disturbance commenced between Stobie and Boltenstein—he was by the side of Stobie—I did not see him at the commencement—I know he was there when I was speaking to the boatswain—we were all working down there, both officers and crew—he was down there because he got a drink at the bottle—he was not sober; that is my opinion—I was sober—Cook was not very drunk; he was going to fight every man on board the ship—I do not think he was fighting the steward—the steward was on board—I was in Court while the last witness was examined—I did not hear him say the prisoner was sober—the prisoner was going to strike me when I was going into the forecastle, and he struck another man—you did not ask me that before—I was going to defend myself—I said at Bow Street
"I pushed my officer to defend myself"—Edwards and myself were not struggling with Stobie—Edwards had hold of the boatswain's arms, I had not—I can swear that Edwards had not hold of Stobie, and that I did not attempt to draw my knife—I said nothing, and can give no reason for his taking my knife—I only said to the boatswain "Do not strike that man, or you will be sorry for it"—I was standing by him, and did not touch him—I only said "You are not going to strike him any more"—I did not hear Cook call to the steward to fetch the key of the forecastle, and did not know that he did fetch it—Cook did not say he would allow no man there until the place was cleared—I shoved him down to defend myself—I was not at the head of any men—he had not assaulted Boltenstein then—he insulted me and told me no son of a w—should go into the forecastle to-night—he had my knife in his hand—I said "I will go out from this so long as this fighting goes on"—I did not like to see the blood flowing all over the place—I said I was going on deck—I said "I will not stay here"—I did not refuse to go to work—the boatswain told me to go to my work, and I went to my work—I had a shovel in my hand when working in the hold—the carpenter is Gustave Grandfast, a Dutchman—I saw him with an axe in his hand—I was standing 'teen decks, close to the ladder—the ladder goes from the hold to the deck—I did not see Edwards sitting on the spar with his arms folded—I was in the hold working—I did not see Cook strike any one, I only heard him cursing and swearing.
Re-examined. I was working with the shovel—the carpenter was splitting wood down in the hold with the axe—I heard a disturbance on deck, and I ran up—the boatswain was standing with a large belaying-pin in his hand—after the knife was taken from me, Cook had my knife in his hand, and he said "No son of a who—shall get into this forecastle to-night"—I said "I will get in, I want a chew of tobacco"—he would not get away, and I shoved him aside, and he fell down—the boatswain came out and told me to get to my work, and I went to my work—it was after this I was in the hold, and heard the disturbance.
ANDREW LANSDOWNE (Police Inspector). On the 20th February the vessel arrived from Lisbon in the London Docks—I had a warrant and information, and took the prisoner and Stobie on the warrant, and took them before a Magistrate—Cook wanted to know if he would be taken before a Magistrate, and I told him he would—the witnesses came over all together in the same ship.
RICHARD HUGHES . I am clerk in the office of the Registrar-General of Shipping—I produce the certified copy of the register of the ship Fanchon—it belongs to Yarmouth, Nova Scotia, and is 597 tons register—it is a sailing vessel and a British ship.
GUILTY of Unlawfully Wounding .— Six Months' Imprisonment.
ADJOURNED TO MONDAY, MARCH 31ST, 1879.