CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD APRIL 28TH, 1879.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSIONS VII. TO XII.
STEVENS & SONS, 119, CHANCERY LANE, E.C.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, April 28th, 1879, and following days,
BEFORE THE RIGHT HON. SIR CHARLES WHETHAM, Knt., LORD MAYOR of the City of London; The Right Hon. Lord COLERIDGE, Lord Chief Justice of the Common Pleas Division of the High Court of Justice; The Hon. Sir CHARLES POLLOCK , Knt., one of the Barons of the Exchequer Division of the High Court of Justice; THOMAS QUESTED FINNIS, Esq., Sir BENJAMIN SAMUEL PHILLIPS , Knt., and Sir THOMAS WHITE , Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; JAMES FIGGINS , Esq., and JOHN STAPLES , Esq., other of the Aldermen of the said City; WILLIAM THOMAS CHARLEY , Esq., D.C.L., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
WHETHAM, MAYOR. SEVENTH 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, April 28th, 1879.
Before Mr. Recorder.
443. ARTHUR CRANE (30) PLEADED GUILTY to four indictments for forging and uttering acceptances to bills of exchange for 500l. and other sums, also to falsifying certain books of account, and to embezzling moneys received on account of Frederick Chalmers and others his masters— Seven Years' Penal Servitude.
447. JOHN FRAMPTON (40) to feloniously marrying Caroline Bell, and also to feloniously marrying Emily Ann Sargeant, his wife being then alive.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
NOT GUILTY .
MR. CRAUFURD Prosecuted.
HENRY THOMAS WORMIAN . I keep the One Tun public-house, Arundel Place, Coventry Street—Clissold and another man, not Robinson, came to my shop on the 13th March, and called for a bottle of four ale—it would come to 4d.—he tendered in payment a bad shilling—I told him it was bad, and asked him if he had any more—he said "No," and then tendered a good shilling, and I called a constable, and gave him in charge, and gave the money to the constable—the other man was taken into custody, and charged at the same time.
THOMAS LEWIS (Policeman C 138). I was called to Mr. Woman's house on the 13th March, and apprehended Clissold and another man—I received this counterfeit shilling from Mr. Worman—I told the prisoners the charge
—Clissold said "I do not know how I came by it"—the other man said he he was in company with Clissold, who called him to have a drink, and he knew nothing about it—they were both taken to the station—I searched Clissold in the house at the time, and found 1s. 6d. silver and 2d. bronze good money—they were taken before the Magistrates on the 14th, and remanded to the 20th, and discharged.
ALICE BARBER . I live with my father, John Barber, baker, of 285, Essex Road, Islington—I am 12 years of age—I help in the shop, and serve customers—on the 26th March Robinson came in alone, between 6 and 7 p.m.—I served him with two penny buns—he put down a two-shilling piece, which I tried with my teeth—thinking it was bad I took it to my mother—I gave the prisoner the change from a shelf, and he went away—I put the florin aside on the shelf—a boy named Farrer afterwards came into the shop and spoke to my mother, who then examined the coin—my father then came in, and went out after the prisoner—that is the florin (produced).
ALFRED FARRER . I live at 189, Church Road, Islington—I was near Mr. Barber's shop on the evening of 26th March—I saw the prisoners and another man standing together opposite the shop—Robinson went over to Mr. Barber's shop, leaving the other two standing on the other side of the road—on coming out again he went on the same side a little way, and then crossed over behind the two other men—I then went into the shop and spoke to Mrs. Barber—when I came out again the three men were still together—they then went to Mills's shop, about a quarter of a mile off—I did not see who went in—I saw Robinson and the other man on the opposite aide of the road—I went to fetch Mr. Barber, and when we got back they were farther on near Islington Green—I pointed them out to him, and he got a policeman, and gave the two prisoners in charge—the other man ran away.
JOHN BARBER . I keep a baker's shop in the Essex Road, Islington—the last witness came for me on the 26th March, and we overtook the two prisoners near Islington Green, about 10 minutes' walk from my shop—the witness pointed the men out to me, there were three together—I followed them, and found a constable, and gave the prisoners in charge—the third man ran away—I received this counterfeit florin from my wife, and handed it to the constable.
SUSAN BARBER . I am the wife of the last witness—on the 26th March my daughter brought me the florin—I told her to get the change and give it—I examined it a few minutes afterwards—it was on a shelf by itself—a Mr. Stewart was in the shop, and I gave him this florin (produced)—he went out with it, and returned with it in a moment, and I afterwards gave it to my husband.
WILLIAM WRIGHT STEWART . I am a commercial traveller at 129, Church Road, Islington—on the 26th March, about 6.30 to 7 p.m., I was at Mr. Barber's shop—Mrs. Barber showed me a florin in the presence of her daughter, and Mrs. Barber was scolding her—I took the florin to the chemist's next door, and saw it tested—he returned it saying "It is a rank bad one," and I returned it to her.
CLARA MILLS . My father, Charles Mills, keeps a sweet shop in Essex Road, about five minutes' walk from Mr. Barber's—I serve in the shop, and am 13 years of age—on the 26th March Clissold came in between 7 and 8 p.m. for two ounces of almonds, and handed me a florin—I put it in the till, and gave him 1s. 11d. change—I did not notice anything particular about it
—there was another florin in the till which I had taken just before from another man who came for some enough drops and red almonds, and to whom I gave 1s. 9 1/2 d. change—I then left in charge of my sister Eleanor—these sweets (produced) are like those I gave to Clissold, and this is like one of our bags.
Cross-examined by Clissold. I said at the police-court I thought you were the man—I believe, but cannot swear, that you are the same man—this bag is like the one I put the other man's cough drops in.
ELEANOR MILLS . I am the sister of the last witness, and am 14 years old—between 7 and 8 p.m. I took charge of the shop; I looked at the till after my sister left, and found two florins and other silver—I had not received another florin when the constable came—he examined the till after my father came down—the policeman took the florin.
CHARLES HENRY MILLS . I keep this sweetstuff shop at Essex Road, and am the father of the last two witnesses—I came in about 9.30 on the 26th March, having been sent for—my daughter Eleanor was in charge of the shop, and the constable was there—in consequence of what he said I looked in the bowl containing two florins and other silver—I took the two florins, and thinking one was bad I passed it to the constable, who bent it between the flap of the counter and the counter—the constable took it away—that (produced) is the coin, the constable marked it in my presence—I put the other coin back in the bowl, and on returning home the same night I put it in a small box with other silver—there was no other florin there after I closed the shop—I went to the police-court the next day—on examining the other florin which I had put in the box, I found it was bad—this is the coin (produced).
FREDERICK BLENKINSOP (Policeman N 230). I was on duty on the 26th March at Islington, and met the witness Farrer and Mr. Barber, about 7.20 p.m, opposite the end of Packington Street—they pointed out three men Who were walking together—I followed them about four or five hundred yards—when I got near to them they were looking at some birds in a shop window; I had no other constable with me, and had to run to get near them—when about three or four yards from them they observed me—I caught the two prisoners, and the third man decamped—the boy Farrer identified Robinson as the man who went into Mr. Barber's—I told him I should take him for passing a bad florin, and the other man for being in his company—he said "There is some mistake"—I searched them at the station, and found 1s. 6d. in silver upon Robinson, and on Clissold a sixpence, 2d. bronze, and this bag of Sweets—from what the boy told me I went to Mr. Mills's with the sweets, and Eleanor Mills was in the shop—I saw two florins, Mr. Mills handed me one then, and the other the next day after going to the police-court.
WILLIAM WEBSTER . These three florins and this shilling are all counterfeits—two of the florins are 1873; one uttered by Clissold and one by the man who ran away, and are from the same mould—that Uttered by Robinson is the same date, but not the same mould.
Robinson in defence stated that he was walking along directing the prisoner Clissold the way to the Angel, Islington, when a young man asked him to go into a shop to fetch him two penny buns, and that he did so and gave the man the buns and 1s. 10d. change out of a 2s. piece, and that when passing Mills's shop he asked him if he would go there for sweets, but he declined, as he was selling "Echos" and was in a hurry, and that the other man went
himself: he came to them again, and while they were looking in a shop window the constable apprehended them, and the other man ran away.
Clissold in a long defence confirmed Robinson's statement.
GUILTY .— Nine Months' Imprisonment each.
NEW COURT.—Monday, April 28th, 1879.
Before Mr. Common Serjeant.
WILLIAMS and ADAMS PLEADED GUILTY.
ADAMS also PLEADED GUILTY to two other indictments, one for feloniously and the other for unlawfully uttering counterfeit coin.
WILLIAMS and ADAMS— Judgment Respited . Costello's trial was postponed to the next Sessions.
MESSRS. CRAUFURD, LLOYD, and WRIGHT Prosecuted.
MARY SHORT . I am barmaid at the Three Doves, Berwick Street, Oxford Street—on 29th March, about 9.30 p.m., the prisoner came in and asked for something, I do not remember what—he tendered a 6d., which I put in the till and gave him 3d. change—there was 10s. worth of sixpences and shillings there—Mrs. Courtnay cleared the till almost immediately afterwards and showed me a bad 6d.—the prisoner came in again almost immediately afterwards for threepennyworth of port wine; he tendered a 6d.—I gave him 3d. change, and put the 6d. in the till where there was then no coin at all—Mrs. Courtnay then went to the till with me and took the 6d. out, found it was bad, and she broke it—the prisoner had gone—I saw him again on 5th April; when Mrs. Courtnay served him I saw him give her a 6d., I did not examine it—she said, "You were here last Saturday"—he said, "I was not," and ran out—a woman who was with him went out first—he did not drink all his liquor—Mrs. Courtnay broke the 6d.—the prisoner was brought back by the potman.
Cross-examined by the Prisoner. You were in the middle bar—I have been two years a barmaid, before that I lived at home with my mother, but she has been dead 5 years—I don't know whether she kept a brothel, I don't understand you.
Re-examined. My age is 17, I was never at home—I always lived with my aunt, but I lived with my father after my mother died.
SARAH COURTNAY . I am the wife of Thomas Courtnay, who keeps the Three Doves—on 29th March, after the prisoner was served, I cleared the till; there were ten or fourteen coins there and some sixpences, one of which was bad, and I cautioned the barmaid—the prisoner had then gone but he came back in three or four minutes—I did not see her serve him, but I wont to the till and found one 6d. and two threepenny pieces—I broke the 6d. into three pieces and afterwards gave them to Skill—these are them (produced)—on 5th April, about 10 p.m., the prisoner came again, the barmaid spoke to me, and I served him with threepennyworth of port wine—a woman came with him each time—he gave me a 6d., I broke it in two and said, "This is a bad 6d."—he said, "I am very sorry"—I said, "It is too late for sorrow, you were here yesterday?" and called my husband—the
prisoner said, "I have not been in this house before" and walked out with the woman—Bishop went out after him and brought him back, and he was given in custody.
Cross-examined. Latterly I have opened the till every few minutes, because I have taken so much bad money—the pieces of both coins were put together, and I cannot tell which is the first and which is the second—the woman gave you something and took it back, and then gave you something else.
JAMES BISHOP . I am potman at the Three Doves—I went out after the prisoner and stopped him 7 yards from the door—he was walking slowly—I said, "Come back, I want you?"—he said, "I ain't the man"—I said, "Come back and seen—he said, "I was not in there last Saturday"—I had said nothing about Saturday, he went back with me and was given in custody.
JOHN SKILL (Policeman C 192). I was called and the landlord said, "I want to charge this man with passing counterfeit coin"—the prisoner said, "I am very sorry, I did not know it was bad, you can search me if you like," pulling some silver out of his trousers pocket—I said, "There is no need to search you here, as there are two constables to take you"—he refused his address at the station—Mr. Courtnay gave me these two pieces which make a sixpence—I found on him at the station a half-crown, three florins, 3s. and 5 3/4 d. all good—Mrs. Courtnay gave me this other piece of a sixpence on the Monday.
Cross-examined. She did not give it to me on the Saturday night, because she had left it behind.
Prisoner's Defence. I met the woman and I knew her and her husband, we went in together, and she gave me the 6d. to pay for the wine. I went to the door to see if I could see her; the potman spoke to me and I said, "That 6d. has nothing to do with me, it belongs to the woman."
GUILTY . He was further charged with having been convicted of the felonious possession of counterfeit coin in February, 1873, when he was sentenced to Seven Years' Penal Servitude, to which he
PLEADED GUILTY.**— Eight Years' Penal Servitude.
MR. LLOYD Prosecuted.
JOHN JUDD . I shall be 11 years old next Saturday night—I live with my father at 11, Tower Street, Soho—he sent me with a message one Saturday night, and the prisoner stopped me on the Dials at the top of Lombard Court, and said "Will you buy me a sheep's head at the cat's-meat shop?"—that is 27, Little St. Andrew's Street—he gave me fit, and said he would give me 1d. for doing it—I got the sheep's head at Mr. Payne's; it came to 4d.; I took it and the 8d. change to the prisoner—he then said "Get me a sheep's heart," and gave me a coin—I did not notice what it was then, but it was 2s.—I gave it to Mr. Payne, and he kept me—I saw two policemen standing by the doorway, and the prisoner was two or three doors farther down—I had never seen the prisoner before; I saw him at the station a few days afterwards, and picked him out at once from
about twelve others—he spoke, and I said "That is the man because I know his voice."
Cross-examined by the Prisoner. I knew your face, and when I heard your voice I said "That is the man; I know his voice"—the policeman did not tell me to say you were the man.
RICHARD PAYNE . I keep a tripe shop in Little St. Andrew Street—on 23rd March, about 12.15, Judd came in for half a sheep's head, price 3 1/2 d., and tendered a shilling—I put it into the till, which was cleared previously—he came back again in about five minutes for a sheep's heart, and tendered a bad shilling—I then looked at the first shilling, found it was bad, called a constable, and gave him the shillings—these are them (produced).
CHARLES MERINO (Policeman E 293). On the night of the 22nd or the morning of 23rd March I was with Fitch, and saw the prisoner in Lombard Court—I knew him before, and about five minutes afterwards I saw him speaking to the boy Judd—about 10 minutes after that I was called to Mr. Payne's shop, and found Judd detained there—Mr. Payne showed me two bad shillings, and I went out with Judd, but could not find the prisoner—I found him about 1.45 on Friday morning, March 28, and said "I shall take you in custody on a charge of uttering two counterfeit shillings at Mr. Payne's"—he made a rush to get away—he was drinking a cup of coffee at a stall, and he threw the cup in my face and its contents, but it missed me—I was in uniform—he was placed with four others; the boy looked at them all, and pointed to the prisoner and said "I believe that is the man"—the prisoner said "What have I done to you?" the boy then said "That is the man; I know him by his voice"—I knew the prisoner, and have not the slightest doubt he is the man who was speaking to the boy.
Cross-examined. I did not shove you by the back of your neck and say "I will run you in some of these times"—Fitch was not there when I took you in custody—I had seen you about all night long for several nights for a month, and I said "There goes a man of not very good character"—I saw you 20 minutes before I took you, but I thought probably I should get some coin on you later on—I have no cause for animosity against you.
ARTHUR FITCH (Policeman E R 27). Mering called my attention to a man like the prisoner talking to Judd, but his back was towards me—I went to Payne's shop, and went with Judd and Meering to find the prisoner, but could not.
Cross-examined. You are like the man by your build; I did not see your face—you were eight yards from me, but you passed me within two yards.
Witnesses for the Defence.
MARIA ANDERSON . On 22nd March you and your wife were with me and my father and mother: you went to your father's, 13, Little Dean Street, and stopped there some time—you asked your father and mother to come down and have a glass of something to drink at the public-house, and we stopped there till the house was closing at 12 o'clock—you were the worse for liquor and quarrelsome; my mother and I and your mother saw you home—they partly undressed you—they took off your coat and boots—I can't tell what time we left your room; I saw no clock, but when we got back to Little Dean Street it was past 12 o'clock.
Cross-examined by MR. LLOYD. We had something to drink in a public-house
in Wardour Street, and remained till the house closed—it Was 12.30 when we got home—I did not look at any clock there, bat I did in the public-house—we all had rum and water to drink.
CATHERINE O'MARA . I am your mother, and live at 13, Little Bean Street—your place is 3, King Street, Soho; it takes me 20 minutes to go there—on the night of 22nd March you came to me at 10.45, and asked your father to come out and have something to drink—we all went out together at 11.30—we have a clock—we accompanied you home, and your wife was in a very bad state of health—I got her into bed, and came downstairs, and I called her up in the morning—it was just 12 when I left your room—I had to undress you, you were so tipsy.
Cross-examined. Little Andrew Street is a good distance from King Street.
CHARLES MERING (Re-examined). No. 3, King Street, is about 310 yards from 27, Andrew Street, and from Little Dean Street to Andrew Street is about 550 yards—the prisoner appeared to be sober when he was talking to the boy—that was between 12.5 and 12.15.
Cross-examined. Your side was towards me, and Fitch was facing me—Fitch could see your face and so could I—I have stepped the distances.
Prisoner's Defence. I was in another parish altogether on this night the boy first said "I think that is the man." The inspector called him on one side, and then he said "He is the man." I have a letter from my master, where I worked three years. The policeman has threatened to run me in on two or three occasions.
> GUILTY . He was further charged with a conviction of a Mint felony at this Court in January, 1874, to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude.
NEW COURT.—Tuesday, April 29th, 1879.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD Prosecuted.
MERCY ANN PRESCOTT . I am the wife of Thomas Prescott, who keeps a stationer's shop and post-office at 42, Drury Lane—on 6th March, about 4.30 p.m., the prisoner came and asked for 3s. worth of stamps; he tendered a florin and two sixpences—I bent the florin in the tester, and told him it was bad—he said "I got it in change for a half-crown from a man of whom I bought a pennyworth of oranges"—a gentleman in the shop went out with him to find the man; they returned in about ten minutes, and the prisoner said "I cannot find the man, but if you will return the money I think I shall be able to do so"—I went to the door, saw a policeman, and gave the prisoner into custody, with the florin, which I marked—this is it Frederick Groombridge (Policeman E 444). I was on duty in Drury Lane—Mrs. Prescott called me in and gore the prisoner into my charge; he said "I did not know they were bad; I have no more"—I took him to the station, searched him, and found a piece of leather used by jewellers and six black envelopes, but no money; he told the inspector he got the stamps to send to his sister in the country, and gave his name as James Newman—he was taken to Bow Street next morning, remanded till 10th March, and then discharged, as there was only one case against him—this is the florin (produced).
CHARLOTTE HODGKINSON . I am the wife of Charles Hodgkinson, a fishmonger, of 46, Bed Lion Street, Holborn—on 11th March I sold the prisoner four oysters, which came to 2d.—he gave me a florin; I tried it with my teeth, which left marks on it, and said "This is a bad one"—he took it from me and said, "I took it in a shop in Holborn"—he ate some of the oysters, but walked out without paying for them—a fortnight afterwards I saw him going by the shop in custody, and noticed a scar on his forehead—I am sure he is the man.
HENRIETTA METER . I am barmaid at the Old Kent Tavern, Brownlow Street—on Saturday, 22nd March, about 3 o'clock, I served the prisoner with a pint of beer—he gave me a florin—I handed it to Mrs. Curran, who called out "A bad 2s. piece," and the prisoner ran out—our barman, McCarthy, ran out after him with some other customers, and Mr. Curran followed, but the prisoner was not brought back—McCarthy left us about three weeks ago, and I do not know where he is—I gave the florin to Mrs. Curran, and saw her pass it to Mr. Curran—I cannot recognise the florin.
JAMES WYLIE CURRAN . I keep the Old Kent Tavern—on 22nd March my wife Banded me a bad florin; I kept it in my hand till the policeman came back with the prisoner, and afterwards gave it to a policeman at the station and gave the prisoner in custody—I saw the coin marked—this is it produced—Meyer is not in our service now, and McCarthy left shortly after this—I do not know what has become of him.
ELI SPURRELL (Policeman E R 25). On 22nd March, about 4 o'clock, I was on duty in Holborn, and saw the prisoner running towards me from Brownlow Street, and McCarthy and several persons following him; he turned down Red Lion Street, and I caught him about twenty yards off—McCarthy came up and charged him, and then fetched Mr. Curran, who overtook us in Lamb's Conduit Street, and handed me this florin at the station—I searched the prisoner as soon as I got hold of him, and found 1s. 6d., in good silver and 2 1/2 d. in bronze.
Cross-examined. You were running.
The Prisoner in his defence stated that he received the florin on 22nd March from a gentleman for carrying a portmanteau, and that he was never in Mr. Hodgkinson's shop in his life.
GUILTY .— Fifteen Months' Imprisonment.
MESSRS. CRAUFURD and LLOYD Prosecuted.
EMMA MELVILLE . I am a post-office clerk at Camden Town—on 1st April, about 4.15 p.m., I served the prisoner with 5s. worth of stamps; he put down two florins, a 6d. and 6d. worth of coppers, and walked out before I had time to count the money—I saw that the florins were bad, and said "Stop," but he walked out—I went out after him, caught hold of him, and said "You have given me some bad money"—he said "I will pay you for the stamps"—I asked him to come back; he went back with me, and the gentleman detained him till a policeman came—I gave him In custody, with the two florins, which I had kept in my hand all the time.
Cross-examined. You did not say that you had paid me for the stamps—you said, "I will pay you for the stamps"—I had said nothing about
stamps to you in the shop or about the florins, but you kept asking me not to charge you.
WILLIAM GOOD (40 Y.R.). I was called to the post-office in Seven Sisters' Road on 1st April, and the prisoner was given into my charge with these two florins—he gave his address 19, Harrison Street, where his sister lives, but he has never lived there—I found on him 1s. 6d. in silver and 7d. in bronze.
Cross-examined. You did not ask me to test the money, nor did I ask her if she had tested it.
The Prisoners Statement before the Magistrate. "I have nothing to say. If I were remanded again I might be able to prove where I got the two coins from."
Prisoner's Defence. I went to the post-office to get 5s. worth of stamps I was not aware the money was bad, neither the constable nor the woman in the shop tested it.
He had been tried and acquitted at the last Session, of a like offence.(See vol. 89, page 449.)— Nine Months' Imprisonment.
MR. H. AVORY Prosecuted; and MR. WILLIAMS Defended.
After the commencement of the case the Prisoners stated in the hearing of the Jury that they were Guilty, upon which the Jury found a verdict to that effect. COX was further charged with a conviction at this Court in July, 1870, to which he PLEADED GUILTY,** and five other convictions were proved against him.— Eight Years' Penal Servitude.
PRICE— Six Months' Imprisonment.
EDMUND PHILLIPS . I am a law stationer of 35, Southampton Buildings—on 21st March, between 12 and 1 in the afternoon, the prisoner came into my office and produced this cheque for 10l. 7s. 6d., drawn by Edward W. Williams in favour of Toovey and Sons, payable at the National Bank, Oxford Street branch, endorsed William Toovey—he said he came from Messrs. Toovey and Sons, and would I oblige them by changing the cheque—I said it was rather unusual for Messrs. Toovey to send for change, although they were in the habit of sending for goods—I pointed to the name of the drawer, and asked who Mr. Williams was—he said, "He is an old customer of ours"—I did not know the prisoner, before—I then gave him 10 sovereigns and 7s. 6d. in silver—about half an hour afterwards I made some discovery about the cheque, and I went round to Messrs. Toovey and Sons, and I saw the prisoner that same evening at his place of employ, 61, Chancery Lane—on the morning of the 29th I saw him there again and gave him into custody—as he turned to leave my office I saw two scars on the left side of his neck.
Cross-examined by the Prisoner. On the 21st March I came round with you to Mr. May's, who is a draughtsman and a companion of yours at billiards—I asked him about your character—he said he thought you were
incapable of doing such a thing—I did not tell him that I did not think you were the man—I believe you said that you had been with Mr. May from a quarter to 12 to a quarter to 2—the cheque was cashed between 12 and 1, that was when you brought it to me—Mr. May did not say that you had been with him ever since a quarter to 12—I don't believe he did, I think not—I did not say that I did not believe you were the man—you were dressed differently—you admitted that you had been home and changed your clothes—I did not say I had a doubt, and that was the reason I did not prosecute you before; my only doubt was that it was by gas light—I had not seen you before, you were a perfect stranger to me—my office is rather dark, but there is a window back and front—I saw the scare distinctly as you turned to leave the office.
WILLIAM PULLEN TOOVEY . I am manager for Mr. Thomas Toovey, law stationer, of Chancery Lane—there are two sons, but they are not partners—the endorsement to this cheque is not mine, or that of any member of the firm—I do not know Mr. Williams; we are customers of Mr. Phillips.
Cross-examined. Cheques are sometimes made payable to Toovey and Sons by mistake, it is not uncommon.
EDWARD WARWICK WILLIAMS . I am a solicitor, of 3, Salters' Hall Court, Cannon Street—the signature to this cheque is not mine, or by my authority—it is an imitation—I do not bank at the National Bank—I know Toovey and Sons only by name—I do not know the prisoner.
WILLIAM BOYLE (Police Sergeant E). I received information on 24th March, and saw the prisoner on 29th at 61, Chancery Lane—I told him he would be charged with, forging and uttering a cheque for 10l. 7s. 6d.—he said "I did not do it, and I can prove it"—when Mr. Phillips saw the prisoner he said "That is the man who passed the cheque"—I said "Are you sure?"—he said "Yes, I have not the slightest doubt, I can swear to the two scars on his neck."
Cross-examined. You said to Mr. Phillips in the cab that he would have to be answerable for this charge—you commenced to threaten him, and I said the best thing you could do was to hold your tongue; you stared at him with a violent stare; I regarded it as a kind of menace.
Re-examined. It was before we went in the cab that the prosecutor spoke about the two scars.
Witness for the Defence.
WALTER MAY . I am a plan draughtsman—on 21st March, about 6 o'clock, Mr. Phillips and the prisoner came to my office; Mr. Phillips asked me if I had known him, and how long; I told him eight or nine years, perhaps more—he asked if he had been with me in the morning, and I told him he had, from about 11.30 or 11.45 to about 1.30 or later—he had been with me continuously that time, at 9, Church Passage, Chancery Lane, and elsewhere—he had dinner with me, and we went out afterwards next door to the Apple Tree and Mitre, and had a game at billiards—I was having my dinner when he came in; I began my dinner about 11.30—he made out a bill for me to one of my customers—I was dictating it to him while I was having my dinner—he was not in my service; I don't know that he was in any service—he was working for himself—I sent the bill down, and adjourned with him to the Apple Tree and Mitre; it forms part of the same house in which I have my office—he was never out of my sight—Mr. Phillips said to me in the morning "Do you think he would be guilty of such an act as this?"—I
said "No," and he said he would take my word, as he was a perfect stranger to him, but he should put it in the hands of the police—he said he should be very sorry to charge him, as he was not certain he was the man—he said he only recognised him by the scars on the left side of his neck—he said at Bow Street that the light in his office was defective, and that he did not wish to prosecute.
Cross-examined. The prisoner is an intimate friend of mine—I had not seen him before that week—I cannot say that I saw him at all in the following week—I went to see him in the House of Detention as a friend—I did not talk over the evidence I was to give—I dine at any time I please; I cook a chop or steak in my office when I feel inclined.
NOT GUILTY .
PLEADED GUILTY .
MESSRS. MEAD and HORACE AVORY Prosecuted.
JAMES FERMEIL (Through an Interpreter). I am second steward on board the Dutch ship Maastroom, lying off the Tower Stairs—on 9th April, about 3 a.m., I missed six blankets and six counterpanes from the fore-cabin, which were safe at 8 o'clock the evening before—they were worth about 5l.
HENRY BUS . I am a sailor on board the Maastroom—on 9th April, about 2.45 a.m., I missed two coats and two pairs of mittens; and two pairs of trousers belonging to two shipmates and a jacket—the value of the whole was 5l.,—I had seen them safe at 2 o'clock.
CHARLES STUCHBURY . I am a lighterman of Walthamstow—on 9th April, about 3 a.m., I was in a barge alongside the Maastroom with Wallace, a number of craft were round about—the prisoner came in a skiff athwart our barge, shoved farther ahead, and climbed up on board the Maastroom—he made his skiff fast to a barge loaded with empty casks—I then saw a pair of trousers thrown over the bow into the boat, and some parcels, but I could not see who was doing it—my mate went on board the ship and gave information, and one of the sailors on board came and told the prisoner if he did not get out he would throw him out, and he had to head off and rowed away—I have known him ten or twelve years, and have not the slightest doubt that he is the man.
HENRY WALLIS . I am a lighterman—on 9th April I was with Stuchbury off the Maastroom, and saw the prisoner in George Mann's skiff—he came athwart our craft and I said, "Stick your staff in or else you will get overboard," and he made fast to our craft—he passed over a barge containing empty casks, and went up the port side of the vessel up a rope—I then saw a pair of trousers and other things come over the vessel's bows into the barge, I picked them up and examined them, there were trousers, jackets, and counterpanes—I then saw the prisoner come from the starboard aide of the vessel, pick up the articles, and put them into the skiff—I fetched Holmes, who took the blankets and said, "You have got the blankets from the ship"—he picked them up and threw them down again and tried to detain the skiff—the prisoner said, "If you don't get out of the skiff I will b—well throw you overboard"—Holmes jumped out because the prisoner
was pulling the skiff away—I saw the prisoner twice and had a good look at him.
CHARLES HOLMES (Through an Interpreter). I am a sailor on board the Maastroom—on 9th April Wallis gave me information and I saw the prisoner on board the ship, and when I went to the boat to look after the blankets the prisoner cut the rope off—I tried to hold the boat, but he went to throw me overboard, and I got out and saw the boat go away with the prisoner in it, and the blankets and other things.
GEORGE JAMES MANN . I am a waterman—on 8th April, about 4.30 p.m., I secured my skiff to her moorings off the Custom House, I missed it next morning at 6 o'clock, and found it on the shore half a mile below the Tower, not made fast, and a piece of the rope gone.
GEORGE REED (Thames Police Inspector). On 17th April I saw the prisoner at Shadwell Dock stairs, he ran away—I ran after him, captured him, and charged him with loitering for the purpose of committing felony, and that he would be charged with stealing a quantity of clothes from a steamboat—he made no reply—he resisted violently and attempted to stab me, but I knocked the knife out of his hand.
He was further charged with a previous conviction in April, 1873, to which he
PLEADED GUILTY.**— Ten Years' Penal Servitude.
MR. RIBTON Prosecuted.
HARRIETT EASTMAN . I live at 12, Bedford Square, Commercial Road—on 31st March, about 9.45, I was with my sister in the Commercial Road, and was wearing a locket and chain worth 4l. 4s.,—the prisoner came up behind me, seized me by the back of my neck, and nearly strangled me—he broke my chain, and ran away with part of it and the locket—he was in front of me at first and I saw his face, and then he went behind me—I am certain he is the man—on 4th April I went to King David Lane Police-station, saw him with five other men, and picked him out—he hurt me very much, and I felt pain at the sides of my neck for two days.
EMILY EASTMAN . I was with my sister—the prisoner came up in front of us; he then went behind her, took hold of her by the back of her neck, and almost strangled her—he broke the chain and took the locket—I saw it in his hand—I particularly noticed him, and am sure he is the man—he stood watching us first—I picked him out at the station from half a dozen others.
Cross-examined. I described you as short and stout, about 18, rather fair, but with dark hair—there was light enough for me to see you.
HENRY NEWELL (Policeman K 129). I was at the station when the two ladies came—I received a description of the men, and on 3rd April I took the prisoner in Capel Street, St. George's, in consequence of that description—I did not know him before—I told him the charge; he said "You have made a mistake"—I took him to the station—he was placed with five other men of the same age, height, and build; the two ladies were taken in separately, and picked him out without any hesitation.
The Prisoner's Statement before the Magistrate. "I have never seen the ladies before. I have been taken up on suspicion before for a robbery that was done while I was in prison."
Prisoner's Defence. The five other men were each a foot and a half taller than me. Two detectives stood at the door and pointed to me. I am innocent.
GUILTY of stealing only . He was further charged with a previous conviction at Westminster in May, 1878, to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude.
FOURTH COURT.—Tuesday, April 29th, 1879.
Before Robert Malcolm Kerr, Esq.
461. EMILY JOYCE (37) PLEADED GUILTY ** to stealing five 5l. notes, three watches, and other articles, of Edward Ricketts, in his dwelling-house; also to stealing a watch and other articles, value 350l., of Richard Henry Williams, in his dwelling-house.— Seven Years' Penal Servitude.
462. CHARLES LAMBOURNE* (16), CHARLES FREEMAN**(15), and JAMES MARKS (17), to stealing seven waistcoats and other articles, the property of Charles Streek, in his dwelling-house, Lambourne having been previously convicted.— Each One Month's Imprisonment and Five Years in Reformatory. [Pleaded guilty: See original trial image.]
463. JOHN ADAMS (50) to burglariously breaking and entering the dwelling-house of John James Starmer, and stealing therein a coat and other articles.— Twelve Months' Imprisonment . [Pleaded guilty: See original trial image.]
464. GEORGE SMITH* (39) to burglariously breaking and entering a washhouse within the curtilage of the dwelling-house of John Thomas Christopher, and stealing therein a bowl, having been previously convicted.— Ten Years' Penal Servitude . [Pleaded guilty: See original trial image.]
465. WALTER MALTBY (17) to burglariously breaking and entering the dwelling-house of Jane Davis, and stealing therein a plane and 20 tame pigeons, her property.— One Month's Imprisonment and Five Years in a Reformatory. [Pleaded guilty: See original trial image.]
466. JAMES SMITH alias BENJAMIN HALL ** (35) to stealing two jackets and other articles, the goods of Jonathan Crocker, having been before convicted.— Ten Years' Penal Servitude. [Pleaded guilty: See original trial image.] And
467. JAMES LEE* (38) to stealing two dead fowls, the goods of the Midland Railway, his employers, having been previously convicted.— Two Years' Imprisonment. [Pleaded guilty: See original trial image.]
MR. GOODMAN Prosecuted.
SUSAN STRONG . I am the wife of Frederick Strong, a pianoforte maker, 72, George Street, Euston Road—on 14th March the prisoner came to our house about buying furniture to the amount of 5l.—he gave me this cheque drawn by McDonald on the Rank of Scotland for 9l. 4s., and I gave him 4l. 4s. change—I saw him write this address and this at the back.
WILLIAM SMILES . I am a clerk at the Bank of Scotland, Lothbury branch—we have no customer named James McDonald—this cheque-book' (produced) was given some years ago to G. H. Miller, a customer, whose account has been closed.
Cross-examined. I never saw you before—I have no banking account with the Bank of Scotland.
Prisoner's Defence. I ask for mercy. I have a wife and family, for fire years I have struggled hard to support them, and in a moment of abject starvation I yielded to this temptation. I wish to retract my plea of not guilty, and plead guilty of uttering.
GUILTY of uttering.
He also PLEADED GUILTY to uttering an order for 9l. 5s., knowing it to be forged .— Twelve Months' Imprisonment.
JAMES GRIFFITHS . I am a carman at 7, Wildboar Road, Wandsworth—at 4.30 on 2nd April I left my pony and gig outside the Half Moon, Putney, in the prisoner's care, who I knew by sight—I went to the London Boat-house, and on returning it was gone—I have seen it in the possession of the police, and have identified it—it is worth 35l.—I gave him no authority to part with it—he was not tipsy.
DANIEL GLADWELL . I am a Japan manufacturer at 44 and 47, Richmond Street—at 8.30 on the evening in question the prisoner, who is a neighbour of mine, came to me with a horse and cart, and tried to bargain with me for it, but I would have nothing to do with it—he was not drunk—a policeman then came.
JOHN DURBAN . I am a greengrocer—a little after 8 o'clock on the evening in question the prisoner tried to sell me a horse and cart—he drove away and came back again, and said "You can have the pony for 6l."—I told him to go up Richmond Street, and he would very likely find a buyer—I followed him—he was sober.
JOHN EATON (Policeman D 156). From information received from Durban I went to the prisoner, and saw him with a pony and trap in Richmond Street, and talking to a tradesman—I asked him if it belonged to him—he made no reply—I took him to the station—he was sober—the trap was taken from Putney to Lisson Grove, about seven or eight miles.
The Prisoner in his defence stated that it was a drunken freaky and he had no intention-to steal the pony and trap, and did not know where he was, even the next morning.
GUILTY .— Twelve Months' Imprisonment.
KATE JACKSON . I am a domestic servant at 6, Brunswick Terrace, Regent's Park—on the Sunday before this happened the prisoner was with me, and we had some disagreement—I told him not to think any more of me, and that he must break off our engagement, and not call at the house again—on the Tuesday he came again, and in the course of conversation he said "If I don't have you nobody else shall"—we were quiet for quite an hour after that, and I went about my work—he then came suddenly towards me with his hand behind him and struck me with something—I screamed; and a gentleman came downstairs, and the razor was given up—the doctor came and dressed the wound.
Cross-examined. I have known him about two years, and he has always treated me kindly—I told him on the Sunday I should have
nothing to do with him, because he was changing his situation so often I—we were friendly after, and I saw him on the Monday, and again on I the Tuesday evening—he told me on the Monday he wanted to go away I to get a night's lodging for himself—on Tuesday I asked him to have I something to eat—he did not tell me he was moving his goods, or that I he had his razor in his pocket—he was moving at the time—we were very friendly that evening till this happened—I did not see him take the razor from his pocket—he said he was too fond of me to hurt me—he had been a constant visitor nearly every evening—he had been with me nearly two hours on the Tuesday evening, and I had reminded him of our former conversation, but we were still friendly—when he came behind me I thought he was going to put his arm round my neck—I put up my hand to push it away, and my middle finger was cut—I did not go to the police-court on the first occasion—I did not wish to go.
Re-examined. He was on such friendly terms then I had no idea he Was going to commit any violence when he came behind me with the razor behind his back.
GEORGE LAWSON . I am one of the senior surgeons of the Middlesex Hospital and was called in to see this girl on the night in question—I found two wounds, one a skin wound about 1 1/2 inches over her right eyebrow, and another on her left-hand middle finger, which was done by her holding up her hand.
JAMES HORSTBURG . I live at 6, Brunswick Place, Regent's Park—the prosecutrix is in my service—about 10 o'clock on the evening in question hearing screams downstairs I went down, and found her outside the kitchen-door bleeding from a wound on her forehead—the prisoner was in the kitchen, and gave himself up, and said he had done it—he remained till a constable came—I sent for a doctor—the prisoner gave me the razor, and said "You may as well have what has done it."
ALFRED TAYLOR (Policeman D 96). I went to this house, and saw the prisoner in the kitchen—I asked him what he was doing there—he said that he was a friend of the servant—I saw her bleeding, and this razor was given to me—the prisoner said "I may as well tell you the truth; that is what I have done it with"—he then went quietly to the station.
The Prisoner's Statement before the Magistrate. "This night I came there I had been moving my things from my situation, and I had the razor with me, so that no one could interfere with it Till the time she says I struck her we were perfectly friendly. It was an accident I had had a drop of drink. I did not try to escape. I could have got away if I had wished to."
GUILTY .— Five Years' Penal Servitude.
MR. FULTON Prosecuted; MR. PURCELL Defended Arden.
GEORGE NUNN . I am a coal porter at Hackney Road—I was near the Horns public-house a few minutes past 11 p.m. on Good Friday, 11th April and Went into the urinal opposite Shoreditch Church—the public-house was shut up; I had just come from the railway station—while coming out of the urinal I was struck on the nose, and knocked down by Davis—there was a lamp there—the plaster on my head is where I was kicked while down by several men—there were five or six others—I identify Ardren as one of
the men who kicked me—I was stunned for a time, but not insensible—I missed 23l. 10s. in gold, 2s. 6d. in silver, and some bronze, all the money I had about me, except a few coppers—I was conscious when it was taken from me, but the men were all round me, and I could not swear who took it—when I got up I followed Davis, and did not lose sight of him till gave him in custody—I am sure he is the man who first knocked me down—I saw Ardren the next morning at the corner of the churchyard with a shoeblack box—I was alone—I walked up that way to see if I could identify any of the men—I went to the police-court against Davis, made a communication to the constable, and returned with him and pointed Ardren out as one of the persons concerned in the robbery, and he was then taken in custody—I had never seen either of the men before the robbery—my injuries were dressed at the station by the divisional surgeon—I was sober.
Cross-examined by MR. PURCELL. I had been into two or three public-houses—I did not say it was a little before 11—I believe I said at the police-court "Davis struck me on the nose, knocked me down, and kicked me on the temple"—I afterwards said "It is a mistake that Davis kicked me; he knocked me down; it was the other man who kicked me"—I said I was stunned for a short time, and that four or five other persons were there—I passed Ardren the next day when going to the police-court—he was standing by his shoeblack box.
JOHN DENNIS (Policeman H 57). I was on duty on Good Friday about 12 p.m. in Hoxton Street, Shoreditch and saw Nunn and Davis—I heard Nunn say "If I see a policeman I would lock you up"—I went up to them, and Nunn gave Davis in charge for robbing him—Davis said "I had just come from Homerton to Shoreditch Station, and was going home, when I met the man in the urinal"—I saw Nunn next day at the police-court, and in consequence of what he said I went with him and saw Ardren occupied as a shoeblack near Shoreditch Church—I charged him with being concerned in the robbery—he said "I am innocent, and know nothing about it"—on going back to the urinal on the night of the robbery I found marks of a struggle and a quantity of blood.
Cross-examined by MR. PURCELL. Ardren said it was a mistake, and he knew nothing about it—I find he is respectable, and works as a shoeblack—Nunn was excited, but not far gone.
Cross-examined by Davis. You told me Nunn had insulted you by calling you a rogue, vagabond, and thief.
By the JURY. Davis spoke to me first to claim my protection—he said that he had just come from Homerton, and knew nothing about it—Nunn was about a yard away—they were walking together—Nunn gave him in custody.
Witnesses for the Defence.
WALTER NEARY . I am a French polisher, at 2, Old Castle Street, Bethnal Green, and have known Ardren 10 or 11 years as a shoeblack at the corner near Shoreditch Church, and he has always borne a good character—I am in the habit of using the Conqueror beer-house—Ardren waits there occasionally and does the pot cleaning—I was there at 7.30 on the evening in question till 11 o'clock, and he was there carrying up the jugs till 11 o'clock—I went outside at 11 o'clock, when the house closed, and stopped there with Mr. Felton till 11.15, when Ardren came out, and was with us till 11.30, when I left him outside the public-house.
Cross-examined. I am sure it was 11.30—I went out exactly at 11, when it closed—I was called at Worship Street.
ROWLAND FELTON . I am a printer at Andrella Gardens, Columbia Market, and have known Ardren about three months as a shoeblack—I have also seen him waiting at the Conqueror beer-shop—I was with Neary on Good Friday evening—I went at 9.30 and left him at 11.30, when I went away with Ardren to the corner of the court where he lives, and left him there about 11.45—he was in my company from 9.30 till 11.45—I saw him the whole time except when he went out of the room to fetch drink.
HENRY HUGHES . I have kept the Conqueror beer-house, Hoxton Street, Shoreditch, six months—during that time I have known Ardren—he gains his living as a shoeblack and by carrying parcels, and at night he waits at my rooms—he has money to fetch and carry and waits in the club room, I have always found him strictly honest—on Good Friday night he came about 7.30, the house closed at 11, and I saw him till 11.15—I asked him to clear the pots and glasses off the table after we had closed, and it was, 11.15 when he had done—when he left I heard some one talking outside—he did not leave the house at all during the evening—he was up and downstairs to fetch the orders and carry drink.
Cross-examined. I was in the bar—he could go out no other way.
NOT GUILTY .
GEORGE MOORECRAFT FENN . I am a clerk, and reside at Randal Street, Hoxton—on 27th March, about 11 p.m., I was with a woman going to a brothel in Penton Grove—three men attacked me, and the woman ran away—I was suddenly knocked down, and recollected no more till a constable in plain clothes caught the prisoner in the act of robbing me—they took, from me my umbrella and my ring from my right hand, and between 3s. and 1s. from my coat pocket—it was so suddenly done I could not recognise any one, and my felt hat was knocked over my eyes.
Cross-examined by the Prisoner. I could not tell who touched me, whether you or your friends—you did not come and ask me what was the matter—I do not identify you.
THOMAS RANSOM (Policeman N 368). A little after 11 p.m I was in Penton Grove—a woman ran past me, and immediately afterwards I heard cries of "Police! help!" and "Don't knock me down"—I ran out and saw Fenn on the ground and the prisoner leaning over him, apparently holding his shoulder—two other men ran away—I caught the prisoner—he was standing up—he said "All right, sir, I came round to make water, and I don't know anything of the other two"—Fenn said "I charge that man.; I have lost my signet ring, my umbrella, and some money; I do not know whether I have lost my watch"—he felt in his pocket, and had not lost it—I took the prisoner to the station; he was searched, and nothing was found on him belonging to Fenn.
Cross-examined. You had not got your hands in your pocket; you were standing up.
Re-examined. The moment I caught hold of him the other two men ran away—he had no opportunity of running—he stood close to Fenn—he did not resist.
Prisoner's Defence. I am in the doctor's hands with spinal disease, and my back is too bad to allow me to do anything. I have not strength enough to lift a pail of water, much less to knock a man down twice my own size I went up to the gentleman, and asked him what was the matter. I could not stoop, my back being so bad. Three men ran away, and a woman with them. I could have robbed him, but I would not. I have never had a day's imprisonment in my life. I stood by the gentleman to see that he was not knocked about.
NOT GUILTY .
JONES PLEADED GUILTY .
WILLIAM INWOOD . I was in Cheapside about 4 p. m. on the day in question and saw the two prisoners together—I watched them about half an hour—Constable Tanzy then came, and we watched them anothe half-hour and saw them trying pockets—they then met the prosecutrix near a scaffolding, going towards the Mansion House—they stood under The scaffolding and as she passed under Jones felt in her pocket—they passed to Bread Street, where there was a stoppage, and placed themselves in front of the prosecutrix and her husband—Jones lifted up her dress pocket, took something from it, and put it in his trousers—they turned shortly round then towards St. Paul's—I followed them and assisted in taking them to the station—while there Jones dropped this puree (produced)
TANZY (City Policeman). I saw the prisoner together for half an hour before they were taken—they were lifting ladies' Pockets—they followed the presecutrix and her husband from the hoarding up to the corner of Bread Street—Inwood Mowed close behind them, and when a van was just going into the street Jones picked up the lady's jacket and put his hand into her pocket—Thomas was close behind him.
Thomas's Defence. I was in the city looking for a job near St. Paul's and was just walking away, and two detectives caught me by the shoulders and took me for stealing a purse. I knew nothing about it. I have done nothing, do not know what I am here for.
Cross-examined. I have been tried at the Mansion House, and was remanded for three days—I have never been tried before—I am a Londoner—I have never been in custody before for stealing a purse—I was in custody in February for picking up a purse a lady had dropped, I gave it to her—she did not appear—I had walked from Woolwich, where I had been looking for work—I was going down Cheapside—I might have walked up and down several times—I did not feel several person's pockets—I might have touched other person's pockets unawares.
THOMAS— NOT GUILTY .
JONES.— Twelve Months' Imprisonment.
OLD COURT.—Wednesday, April 30th, 1879.
Before Lord Coleridge.
MESSRS. POLAND and HORACE AVORY Prosecuted; MR. EDWARD CLARKE Defended.
THOMAS WARE . I live at 79, Murray Street, New North Road, Islington, and am a metal-worker employed at the Sekforde Glass Works, in St. James's Walk, Clerkenwell—the prisoner was employed there as a foreman——the deceased, Maurice Thomas William Cole, was also employed there as a glass driller—on Wednesday morning, 9th April, I was at work there at 7 o'clock—I saw the prisoner and deceased there that morning—they did not work in the same shop—I saw the prisoner return to his work after breakfast at 9 o'clock—the deceased went into the farther shop—the prisoner was then at work at the vice in his own shop—the deceased would have to pass through the shop where the prisoner was in order to get to his work—the shops are separated by an archway in the wall—I was working in the same shop as the prisoner—about 10 o'clock something happened which attracted my attention, it was a dull, heavy thud—I turned my head round and saw the prisoner standing with his back against the bench he the other shop in a striking attitude—I had not seen him leave the shop where I was at work—he had this iron spanner raised in his right hand—I guessed there was something wrong, and I said to Mr. Pace, the prisoner's father, "For God's sake, be quick"—he was working at the next vice but one to me—I rushed into the other shop, but I made a falter just as I got into the shop—there was no one else in the shop besides the prisoner and deceased—the deceased was on the ground in a sitting position, with his back against the press—he was bleeding and appeared to be senseless—when I made a falter, Mr. Pace, senior, being more courageous than me, rushed forward and elasped his son round the shoulders—I had not made any noise as I Went in, only in running and scuffling along as quick as I could—at the time the father clasped the prisoner round the arms, he was raving as though he was out of his mind; he had his hands still raised, he did not seem to know what he was doing, he was raving and flourishing about—he said, "Let me go, let me go"—the father said "For Christ's sake, Harry, what are you doing of"—he still had this spanner in his hand—I said, "For God's sake, Harry, give me this, don't use this," and he let me take it out of his hand—he kept on raving, and said, "Let me go, let me go; I want to go, I shan't hurt him, I shan't hurt him"—I took the spanner downstairs, and put it on one side out of sight, and it was handed to the policeman—I saw Wm. Bates come up from below—a constable was sent for, and the prisoner was taken into custody, and the deceased was taken in a cab to the hospital—I have not seen the prisoner and deceased talking together before this, only in the way of business—the prisoner has said to me that he thought it was very wrong of the deceased to act as he had done towards him after he had been such a friend to him; he said he thought he was a very bad man, after he had treated him so well, and then to induce his daughter to go away with him and then not to marry her—he has said that many times—I cannot tell when it was that he said this, perhaps a week before this occurrence—he
has not spoken lately, he has been so sullen—he had not spoken to anybody for three days, not since the Thursday, when he found out that his daughter had got a child—there was a great change in him from that time—he was sober at this time, he is a sober man, I never saw him otherwise—he had not been long from breakfast when this occurred.
Cross-examined. I have been at these works eighteen years—I have known the prisoner that time; for the past seven years he has been foreman of the works, he has always been very good to the men under him—he has not lately spoken to the deceased, except in the way of business—the deceased seemed to avoid him—he wished to be friends with the deceased—I heard nothing in the nature of a threat on Pace's part towards Cole—there was a very great change in his manner after the Thursday; it was generally remarked; I was asked what was the matter with him, and I said I did not know, I thought it was some family affair, something fresh had turned up—he did not talk to the men as he did before, only if you wanted a job you had to ask for it, he kept on with his work at his vice—Cole's place was about 37 or 38 feet from where I was at work—it would be about 40 feet from wall to wall—the second shop was the one Cole was working in; the work was drilling glass—Pace was making frames in my shop—the work causes a good deal of noise, there is a continual knocking when putting the frames together—I was at a vice screwing levers on a frame—that would not cause noise—if all the men were at work there should be eleven, but several were out that morning—there were four in the shop I worked in, and Pace and Cole in the other shop—the spanner is used for taking the metal out of winding, for bending bars—in the ordinary work the spanner was used by a man named Tull—Tull was away that day; he worked in the second shop, the spanner lay on his bench—Cole worked about 8 or 9 feet from him—in making frames the prisoner, in Tull's absence, would have to use the spanner; he would go into that shop and work with it there—I had been on friendly terms with Pace—he was talking to me as a friend when he spoke about his daughter, he seemed very much distressed about it—I have never been to his house—I saw him with his daughter Lucy on the previous Thursday, when he found out that his daughter Lizzie had gat the child.
Re-examined. On this morning the prisoner was working in the shop where I was, making frames—if he wanted a frame, the man not being there to get it out, he would go and get it himself; and in doing so he would use the spanner in the shop where Cole was.
By the COURT, His daughter is about 21 years of age, I believe—he has a large family, a dozen, I think he said.
WILLIAM PACE . I am the prisoner's father, and live at 80, St. James's Road, Holloway—I have worked at these glass works eighteen years—the prisoner has worked there twenty-five years and two months—I remember Cole coming to work there, about two years ago—I understood he came from the country—some time back the prisoner was living at Enfield—he is married and has eight children; Lizzie, the eldest, is twenty-one, Lucy is eighteen, and the next thirteen or fourteen; they lived at home with their father, their mother is living—Cole was in the habit of visiting the prisoner at Enfield—I have seen him there—he afterwards lodged in the same house—he left Enfield about last April, and went to live in Arlington Street, Clerkenwell—Lizzie left her home about the last week in June last year, I did not then know where she went—I afterwards learnt that she went to
live with Cole—the prisoner was very much distressed at that—this matter occurred on Wednesday, 9th April—on Thursday, the 3rd, the prisoner beckoned to me in the shop and said, "Dad, they have made you a great grandfather"—I said, "Never mind, there is some old enough to do it, I know; and you are not the first the same thing has happened to, nor won't be the last"—he said, "I wish I could take it as you do, but I feel I shall go mad"—he told me that his daughter Lucy went to see Lizzie on the Thursday, and saw her with a baby three months old, which clearly proved that she must have been far advanced in the family way before she left her father's house—he said, "To think I should take a man home as a friend to make a whore of my child!"—he appeared to be very much distressed—on Wednesday morning, 9th April, I was at the works as usual—I was in the same shop with Ware—Ware called me, that first attracted my attention, and I went from the shop where I worked, through the archway into the shop whore Cole worked; I there saw my son, Ware and Cole, no others—I caught my son by his arms and said, "My God, Harry, what are you doing?"—he was very frantic, very, very indeed, and wild—he made no reply to what I said—I did not notice anything in his hand, because I had him clapsed round—I took him away and took him round to the other side of the shop—I saw the spanner, I can't say positively where I saw it first, I saw it, I may say, at the same moment—I saw Cole on the floor bleeding, he was lying on the back of his head, on a block that supported the press that they do the stamping on; Cole said nothing—Bates came up from downstairs, a constable was sent for, the prisoner was given in charge and Cole was taken to the hospital.
Cross-examined. My son is 43 years of age—he has been nearly 26 years at this one place—he went there as a lad at 10s. a week—he worked steadily on till he rose to be foreman at 50s. a week at this time—I have frequently been to see him at his home at Southgate or Enfield—I remember Cole coming to the works as a stranger; my son was very kind to him, and invited him to go down to Southgate on the Sunday to spend the afternoon thrre—as time went on I heard that Cole was going to marry Lizzie—I have seen Cole at the house, but that was before I was aware they were engaged to be married—my son has always been a kind and affectionate father to his children, attentive in every respect—he has been very anxious and distressed ever since last June, when his daughter left home; that had increased during the few day's before the Thursday, but from the Thursday there was a very marked change in him—from Saturday, 29th March, until Tuesday, 1st April, he had been kept at home ill—I went to see him on the Monday (I live in town); he seemed very ill indeed then everything was entirely changed in his manner; he was sitting by the fire with a coat over his shoulders; he had only just got up—he said his head was that bad he did not know what to do; he could get no sleep—he never got off his chair while I was there—finding him so ill I asked him to come and sleep at my house, and he did so on the Tuesday and Wednesday evenings—he seemed very ill then; he complained about his bead, and wanting sleep and could not get it; he was in that condition on the Thursday morning, and on the Thursday he heard this about the child.
Re-examined. Cole told me himself that he was going to marry Lizzie—the prisoner also spoke of it; he said that he was almost sorry that Cole had ever become acquainted with Lizzie, as he thought he was a little too
old for her—the prisoner and Cole used to be frequently together—Cole was about 34 years of age; he was a very intelligent man, a man of very good learning, and a very good-looking man—on 3rd July last year the prisoner told me that Cole had promised to marry his daughter in a month.
By MR. CLARKE. An uncle of mine was afflicted with insanity.
WILLIAM BATES . I am a metal-worker employed at these glass-works—on Wednesday morning, the 9th, I was at work in a shop underneath the second shop, where the prisoner was at work—about 10 o'clock I heard a scuffling of feet overhead; I ran upstairs and went into the second shop, and saw the prisoner in the arms of his father.
Cross-examined. When we brought him into his own shop he looked towards his father and cried out, "Grandfather's clock, stop clock, never to go again;" he repeated that again and again.
ALFRED BARNES (Policeman G R 18). At 10 minutes past 10 on the morning of the 9th I was called to the glass-works; I went into the second shop, and found the deceased on the floor; he was in a sitting posture behind a press with his back leaning against the press, and bleeding from the head; I spoke to him, but could get no answer—I saw the prisoner there; he was being held by Ware and Bates—I asked him what he had done it with—he said "A piece of iron"—I asked him where it was—he said "Downstairs"—I then asked him why he had done it—he made no reply to that, but a few seconds afterwards he said, "Is he done for?"—he appeared very excited, and tried to break away from Ware, apparently to get at the deceased, and I took hold of him—Dr. Hunter was fetched, and I went with the deceased to the hospital—another constable took the prisoner—after I returned from the hospital the spanner was given to me by Mr. Moran; there was some wet blood on it at that time; there is a little blood on it now.
JOHN MURPHY (Policeman G 237). The prisoner was handed over to my custody, he was in his shirt sleeves—I told him to put on his coat and go to the station with me—he said, "I shall go quiet"—he asked me to allow him to go in a cab—I told him he could, provided he paid for it—he said he would, and I took him in a cab to the station—the charge was there entered against him—he made no reply.
STACY SUTHERLAND BYRNE . I am house surgeon at St. Bartholomew's Hospital—on Wednesday morning, 9th April, the deceased Cole was brought there in a cab between 10 and 11, he was bleeding rather freely from the head—I examined his head, there was a wound across the top of the back of the head about three or four inches long, and another about an inch and a half long in front of the left temple, and there was a small one, not at all deep, behind the left ear—I found a fracture of the skull in one place—I noticed a recent injury to the joint of one of his fingers—he remained unconscious till about 12 next morning, and then died—I made a post-mortem examination—he died of an injury that did not correspond to any of the external wounds—besides those, there was a fracture that went right round the skull, and there was a wound in the skull, just in front of the left ear, which, did not correspond to any external wound—the brain was injured by the fragments—there was a good deal of blood effused on the brain—that was the most serious wound—I think that the pressure exercised by the blood which was effused, and the injury to the brain together, caused the death—this instrument might have produced such wounds—the skull was broken up into about twenty little pieces—there was swelling and bruising
there externally, but the skin was not, broken—there must have been an external blow, although there was not an external wound—the blow bad fractured the skull without apparently injuring the skin.
KATE GARNISH . I am the wife of William Henry Garnish, of 39, Great Russell Street, Bloomsbury—the deceased was my eldest brother, his age was 34—I was told that he was married to the prisoner's daughter—my brother told me so himself—I was not present at the marriage.
Witnesses for the Defence.
GEORGE MISON . I am a clerk in an office in Tavistock Street, and live in Avenue Road, Southgate—I have known the prisoner intimately for about four years, as, nearly as I can recollect—I have been in the habit of travelling with him by train, upon an average of three or four, nights a week, not quite so frequently of late, as I had been laid up with a bad foot and did not go by the particular train he used to go by—on the Tuesday evening previous to this affair I was with him in the same carriage, I noticed that he was very dejected indeed—the station at which I get out is Southgate, and his is Oakleigh Park—I did not go to Oakleigh Park with him that evening, but I had on several previous evenings gone with him—that might have been perhaps three weeks previously, and several odd evenings, but I cannot exactly say the dates; that was in consequence of what I saw in his manner, knowing as I did certain circumstances connected with him, and finding such a difference in his manner and style I thought possibly it would be better to accompany him home, as I feared something might be the consequence—I really feared, owing to the alteration in his mind and the breaking down of his health, that he would perhaps commit an act of suicide.
Cross-examined. He went pretty regularly to his work at this time, he used to go at 4 o'clock in the morning—I cannot say that he did his work, I knew that he went—I knew the cause of his dejection, it was on account of his family misfortunes.
LUCY PACE . I am eighteen years of age—I have been living at home with my father and mother at Southgate—since September last there has been a great change in my father's manner and behaviour at home—I noticed that since my sister went from home, it gradually increased—on Saturday 29th March, he went to bed, he was very ill and he was at home until the following Tuesday, he complained of his head—on Tuesday and Wednesday nights he slept at my grandfather's house, he was at home on the evening of Thursday and Friday; I thought him very quiet and strange to all of us to what he used to be—on the Sunday morning I was afraid he was going to make away with himself, he was very strange—on the Wednesday morning before he went to town, my mother got out of bed and hid his razor—we sat up for him till 12 o'clock on Monday evening the 7th, and I think he came home between one and two—he did not know where, he had been—he said, he found himself at High Barnet, and he did not know how he got home—he had no business at High Barnet, but had gone beyond his station—on the Wednesday morning I was not up when the prisoner went to work, but mother told me, of his going.
Cross-examined. The prisoner went to St. Bartholomew's Hospital when he was ill on the Tuesday—on Wednesday morning previously his razor was put away—I went to see my sister the Wednesday week before and found her with the child—my mother told my father of it on the Thursday night.
GUILTY of Manslaughter .— Eighteen Months' Imprisonment.
NEW COURT.—Wednesday, April 30th, 1879.
Before Mr. Recorder.
MR. GOODMAN Prosecuted; MR. DAVIS appeared for Bond, and MR. FULTON for Butcher.
JOHN GALLANT . I am a butcher, of 16, Andrew Street, Silvertown—on the morning of 18th December I bought nine pigs and some mutton from Mr. Terry, a salesman in the market; Seaman the scalesman weighed them and paid for them—I took two of the pigs and the mutton, leaving seven pigs to be fetched—he said, "All right, I will take care of them"—I do not know Hall the carrier; I did not direct him to fetch them—I always employ porter 167—I do not know the prisoners, and did not authorise them or porter No. 1122 to fetch the meat.
Cross-examined by MR. DAVIS. December is a very busy month in the meat market.
HENRY SEAMAN . I am scalesman to Mr. Terry—on 18th December, Gallant came about 7 o'clock and bought nine pigs and some quarters of mutton—I weighed them, he left seven of the pigs, and a little later on Bond and ticket porter 1122 came, and the ticket porter said, "Mr. Gallant is very busy and he is going to send his pigs home by Hall the carrier"—Bond took two pigs and Stevens No. 1122 took two more—Bond came back again; I told him he was a stranger to me and I should not give him any pigs till I saw the ticket porter—he said, "I will go and fetch him"—I said, "Stop a minute, I will go myself"—when we got outside the avenue, Bond went through between the carts, I kept on to the corner of Long Lane, where I found the ticket porter with the cart and four pigs in it—I stopped the cart and said to the porter, "You told me you were going to take these to Hall the carrier"—he ran away without saying anything, and I have not seen him since—Bond came up there—we turned the horse's head into its old place, it got entangled with some waggons there, Bond slipped through the waggons, and away he went—I gave the cart and pigs in charge to a policeman—there was no name on the cart.
Cross-examined by MR. DAVIS. The porter put one pig on his back, and we put the other on—the ticket porters are the persons who carry meat in the market—we do not deliver meat to persons who have no ticket on their arm—I should not deliver meat to a man who came up with the ticket porter—we do not employ other men to give them a hand—a policeman was standing by the cart when Bond came up.
Cross-examined by MR. FULTON. Butcher came up and said that the cart was his—I had said nothing to him—he said he knew nothing about the pigs, and had not authorised any one to put them in the cart—there was a plate on the cart without any name on it; a piece of tin—I gave Butcher in custody; he was brought up at Guildhall Police-court, and after six remands he was discharged.
JOHN BAXTER . I am a licensed cart-minder at the Metropolitan Meat Market—I know the prisoners; they have come there together twice or three times a week for three or four months, and I have minded the cart for them—sometimes they came together in the cart, and sometimes they used to meet
in the market—I saw Bond put two pigs in the cart that morning; they came together in the cart that day.
Cross-examined by MR. FULTON. I do not know whether Butcher has a brother—Butcher drove away at the end of the day, sometimes with Bond and sometimes not—on this occasion the cart was moved by Bond from where Butcher had left it—I saw him at the horse's head—I saw Bond bring the cart, but did not see who took it away—sometimes Bond took it away and paid me for it and sometimes Butcher did, and sometimes they did not pay me till next time—I have always been paid.
HARRY FOX (City Policeman 347). On 18th December I took Butcher and told him to follow me to the station, which he did—I took charge of this horse and cart and the four pigs, and put it under the centre avenue of the market—Butcher came up about two minutes afterwards rather excited, and said "That is my horse and cart; who put those pigs into my cart?"—I said "Don't you know who put them into your cart?"—he said "No"—I said "Your mate put them in"—he said "I have got no mate"—I said "Yes, you have"—he said "I have not"—I said "The cart-minder will settle that question"—he said "Oh yes, I did give a man a ride to the market"—I said "Who?"—he said "I don't know"—I said "Where did you pick him up?"—he said "Sometimes Brixton, sometimes Clapham, and sometimes Kennington"—I said "Where did you pick him up this morning!"—he said "Somewhere near the New Cut"—I asked the man's name; he said "Bill Bond"—I asked him several times to lead the horse and cart to the station, but he refused—I told him I should take it to the station, and asked him to follow—I found on him 4 1/2 d. and a pipe.
Cross-examined by MR. DAVIS. I have been two years employed there; this was not a very busy time.
Cross-examined by MR. FULTON. I was standing at the side of the cart when Butcher came up—I did not know who he was, or that it was his cart, but Baxter nodded his head to indicate that he was the man.
WILLIAM GALLANT . I am a carrier of 102, Gloucester Road, Camberwell—I have seen the prisoner on several occasions—I bought a pony of Butcher for 5l. 10s., and paid him 12s. on it—the balance was to be paid on Monday, 23rd December—the prisoners came to me on 18th December; Butcher asked me how the pony was going on—Bond left, and Butcher remained with me talking—Bond returned to the corner, and held up his arm and whistled to Butcher, and he left me in a second—after Butcher was discharged I went over to a baker's shop, and he followed me—I bought him two buns, and said "Have you seen Bond?" he said "No, and I don't wish to see him, and if you see him tell him not to speak me or I shall get seven years as well as him"—I saw Butcher again a little later, and he wanted me to go to Guildhall to swear that the money was due on the 18th—I would not go, and he blackguarded me so that I said that he had got his remedy—I owe for the pony still.
Cross-examined by MR. FULTON. I purchased the pony on 14th December—I had known Butcher a month or six weeks before, but merely in the market—I don't think he knew my name—he purchased it with a man named Pullen—he paid 12s., and was to have a week's trial—Pullen has sold the pony for 7l.—I have never paid Butcher a penny, except the deposit money, because he was in trouble at the time, and when he was discharged the money was paid away for another horse—I had a conversation with him the
morning he was discharged; he said that he was hungry, and we went and had a bun together—I said before the Magistrate that he abused me for not paying for the pony, and said that I was a swine, and that I could have got him out of trouble by coming and swearing that the money was due—he did not say that I could have got him out of trouble by swearing that I purchased a horse of him in the meat market—he sent his brother to ask me to swear that the money was due—the money was not due on 18th December; I was not spoken to about it that day.
BENJAMIN BAILEY . I am a cart-minder at the meat market—I was present when the pony was sold—the deposit was paid on the Monday, and the balance was to be paid on the following Monday—after Butcher was discharged he came to the market, went into the refreshment bar, and said "A pretty mess I have got into, them outside won't pay me for the pony"—he then said "Bond did not come to see me when I was in trouble; I have not seen him, and I do not want to, for if he is taken we shall both get seven years; he is wanted for another case," and he called Bond a swine—he said "Bond put the pigs in the cart, and then came down and gave me the tip, he did not tell me that the police was on it, or I should not have gone, and when I went I was taken."
Cross-examined by MR. DAVIS. That was six or seven weeks after 18th December, and as near as I can tell a fortnight after he was discharged—I made this statement to Mr. Wontner at his office; the police asked me to go there.
Cross-examined by MR. FULTON. I told Parsons of what I had heard—the statement was made to Gallant and his partner Fuller—Parsons came and asked me if I knew anything about anything going wrong, and then I told him.
GEORGE PARSONS (City Policeman 331). I took Bond on 18th March, having been trying to do so for about three months—I went to 9, Safford Road, Brixton, he came to the door; I asked him if his name was William Bond; he said "Yes"—I said that I was a policeman, and should take him in custody for obtaining four pigs from Mr. Terry at the Central Meat Market on 18th December—he said going to the station that a ticket porter asked him to go into the market with him, and he took two of the pigs and put them in the cart, but did not know they were stolen.
Cross-examined by MR. DAVIS. The prisoners were tried here last Session, but the Jury could not agree, and they were discharged—Bond said that there were two porters, and he went with one of them and put two pigs in the cart—I did not go to Croydon to find him, but he said that he had been there—I do not know whether butchers' slaughterers travel about the. country.
By the COURT. I asked Bond if he knew Butcher, he said "No" at first, but afterwards he said, I do, he has got a meerschaum pipe of mine, and I have been to his address and cannot find him."
The Prisoners' Statements before the Magistrate. Bond says: "The witness is all false that is given against me. I did not know the pigs were stolen when I went in for them." Butcher says: "I have witnesses to prove that what Gallant and the cart-minders say is all false."
MR. FULTON submitted that there was no evidence, there being no Count for conspiracy against Butcher, and as he was not present when the pigs were obtained anything said by Bond in his absence was not evidence against
him, and no false pretence was made by him. (See Reg. v. Gardner, Roscoe, 235).
MR. GOODMAN contended that both the Prisoners were engaged with the man not in custody in a common criminal purpose, and that Butcher was a party to the fraud, and would have reaped the fruits of it had it been successful. (See Stephens' Digest, Art. 380). The Court likened the case to that of three men engaged in uttering counterfeit coin, where two remained outside a shop while one went and uttered the coin, therefore it was immaterial whether Butcher was present or not when the false pretence was made.
BOND— GUILTY *— Eighteen Months' Imprisomment.
BUTCHER received a good character.— Twelve Months' Imprisonment.
MR. FRERE Prosecuted.
ABRAHAM NEIMAKS . I am a tailor of 2, Wills Place—on 8th April I was standing at my door and saw the prisoner and another woman, one on each side of Jones, who was drunk, about three yards from my door—they could not make him take his hands out of his pockets, and the other woman said, "Knock him down"—the prisoner knocked him down and punched him in the face three or four times, and then the other one saw that he had something in his clenched hand, and said to the prisoner, "Bite it"—she bit him on his knuckles, and he opened his hand, but I did not see what was taken—a constable caught the prisoner and the other one ran away.
MORRIS NEIMANS . I am a son of the last witness—I saw a drunken man in the street accompanied by the prisoner and another woman, one holding him by each arm—the other one told the prisoner to knock him down—she did so, and was hitting him on his face while the other was trying to rob him, but she could not till he took his hands out of his pockets—the girl then said, "Bite him," and she bit him—he opened his hand, and there was a bit of paper in it and two sovereigns—the other girl took it and ran away, and a constable stopped the prisoner.
WILLIAM JONES . I am a discharged soldier, and was living in Star Chambers, Brisk Lane—on 6th April I drew my pension, and on 8th April I went into the Brown Bear public-house—I had two sovereigns and some silver—the prisoner and another woman came in and asked me to treat them—I did so, and paid in their presence—I got drunk there, and do not remember leaving with them—I recovered myself next morning and found my hand bitten and my money gone.
Cross-examined by the Prisoner. I did not leave the house with you for a certain purpose—I know I gave you money to pay for food and drink, but not two sovereigns.
WILLIAM AYLIFFE (Policeman H 40). On 8th April, about 5.30, I was called to Wells Place, and saw the prisoner walking away; I stopped her—I afterwards found Jones lying on the ground with his hand severely bitten—I charged the prisoner with being concerned with another woman in
robbing him—she said that she knew nothing about it; she was merely walking through the street; but at the station she said that she had been drinking with him, but that was all she knew about it, and she did not bite him—Jones said nothing about the bite—he was locked up for being drunk and incapable.
Prisoner's Defence. I am not guilty. I never bit the man, and never took his money, nor was I aware that she intended to rob him.
GUILTY .— Twelve Months' Imprisonment.
MR. DIXON Prosecuted.
JOHN HARRISSON . I am a carpenter, and live at the Neptune Coffee House, Shadwell—the evening of 14th April the prisoner followed me into the Gun Boat public-house, St. George's Street, and asked me for a glass of beer—I told her to work for her beer, the same as I did, but afterwards gave her a glass—I paid for that with silver, but I had 171 sovereigns in a bag, which I had out on the counter one or two times, and the landlord said that it was rather foolish of me, but I did not take the money out of the bag, and I had my hand on it all the time—the prisoner followed me out, and I went to her house—a man was there who she said was her husband—I had a glass of drink there and went to sleep very soon, and was aroused by their taking my money out of my pocket—a great portion of it fell on the ground as the bag was pulled out—I made a grab at it, but it fell—they both assaulted and overpowered me; I got a portion of the money, but they got it away from me, and kicked and bruised me and tore my clothes, so that the suit was only valued at 3d. at a store afterwards—they got me down on the ground and I struggled—when I got up I fell asleep again, and when I awoke my money was all gone—some of it was Sydney sovereigns and some English—I brought them from Swan River, and drew them out of the South Australian Bank before I sailed—I have not the slightest doubt the prisoner is the woman—they were both gone when I awoke, and I got away—I was stupid and senseless the best part of the night—I have not seen a sovereign since, or the bag.
MICHAEL COOK . I keep the Gun Boat, St. George's Street—on 14th April, about 6.15, Harrisson came in—the prisoner came in too, and they drank together—Harrisson pulled out a bag and put it on the counter—he did not tell me what it was, but I felt it, and said that if it was all gold it was a pity, because it would be a temptation, and advised him to go home—he left the house with the prisoner—he had had something, but he was not tipsy.
ANN SANDS . I am a widow—the prisoner slept at my house, 71, Cable Street, St. George's-in-the-East, on the night of the 15th, the day after this occurrence, and paid me 2s. over night for her bed—she did not sleep there on the Wednesday night, but on the Thursday night, the 17th, she gave me an Australian sovereign to change, and I saw her with one more sovereign, an English one, which she changed herself of a dressmaker, who gave her 5s. change.
Prisoner. I owe you 3s., and you will never get it. God may pay you, but I never will. The Almighty will punish you.
April 14, between 8 and 9, the prisoner came and left ten sovereigns with me—she called on Tuesday, and I gave them back to her—I did not notice what they were.
Prisoner. They were English sovereigns, and next night when I found the prosecutor did not come I made use of them. Had he come I should have given them to him.
WILLIAM THOMPSON (Policeman K R. 7). I saw the prisoner in St. George's Street on 25th April, and told her I should take her for stealing 171 sovereigns from a man she was in company with in the Gun Boat on the 14th—she said "I was not in company with a man on the 14th"—she said at the station that she had been living at Sand's coffee-house with an Italian, who had given her 25 sovereigns, and who went to sea last week—after being cautioned before the Magistrate she said that she had only taken 13l., and should not bear the blame of the whole—she asked the Magistrate to allow me to make inquiries about two other women, which was allowed, but I have not succeeded in seeing them.
Cross-examined. You said that you got 25l. from a foreigner, not 5l.
The Prisoner's Statement before the Magistrate. "I want inquiries to be made at the White Fox to see if that man was not there with two women that night, Easter Monday."
Prisoner's Defence. I own to having 13l., and that is all. I stopped in doors an hour, and then I went to the White Fox and had a drink, and when I found he did not come back I took a friend to the White Fox, and treated her. I looked in, and saw the prosecutor and two women, Mrs. Andrews and Mrs. Madden. I could get them here next Session. It is very hard for me to suffer for other people's doings. I do not know whether Mr. Cole, the landlord of the While Fox, is here. I changed the first sovereign there.
GUILTY **. She had been sixteen times in custody since 1867.— Seven Years' Penal Servitude.
THIRD COURT.—Wednesday, April 30th, 1879.
Before Mr. Common Serjeant.
MR. D. METCALFE Prosecuted; MR. THORNE COLE Defended Connell.
FRANK BATTISON . I am. a cab-driver, residing at 28, Wellesley Street, Euston Square—while walking along the Marylebone Road on Wednesday night, April 2nd, about 12 o'clock, I met the female prisoner—she was alone—she spoke to me, and I stood at the corner about two minutes—I had walked with her a few yards, and while standing talking to her I was knocked down from behind by the male prisoner—he walked away sharply across the road as soon as he had done it—the blow was in front of the left ear—he said nothing when he struck me, and I had not seen him at all—as I fell I found my watch and chain had gone, and the chain was broken—I saw the female prisoner snatch it, and then run away—I staggered against a wall, and a constable came up—he ran after the woman, and caught her—this is my watch and chain (produced)—I was wearing it through the button-hole
of the waistcoat; the two keys and a coin have been broken off—I lost sight of the man, but I was sent for the same day to the police-station and identified him immediately—he was not placed with others—I am quite sure he is the man who knocked me down—the blow pained me a little, and ached the next day, that was all.
Cross-examined by MR. COLE. I was fetched by the police at about 2 o'clock in the morning, and saw the male prisoner sitting in the charge-room—I had been home, and was in bed when called up—it was about 12 o'clock when I met the girl—I was talking to her opposite the Globe in Marylebone Road about two minutes—I had not been into the Globe—I was in a public-house at the corner of Great James Street from about 11 till 11.30 with a man who tried to sell a horse—I do not recollect saying at the police-court "I was with two persons in the public-house, one was a stranger to me, the other deals in horses"—there were only two of us—I was on night-work, but did not go on duty that night—I have not been in any public-house in Earl Street to my recollection—I know Chapel Street, but not the Chapel Arms or the Gloucester Arms—I met the man who tried to sell a horse a few minutes past nine, and went with him to the public-house I have mentioned, and he left me there—I did not go to any other public-house with him—he had left me about half an hour when I was knocked down—Marylebone Lane is the nearest police-station—it is close by; the name is altered now to Seymour Place.
Re-examined. I had only been in that one public-house, and was quite sober—I had never seen either of the prisoners before, and had not been drinking with them.
WALTER GILLAM (Policeman D 140). I was on duty in York Place, Marylebone Road, on the night of April 2nd, about 11.15, and saw a crowd in the road near York Street—I ran up, and saw the prosecutor holding the female prisoner—I saw some one knock the prosecutor down, but could not see who struck him—he fell down when struck—he said "She has got my watch"—the female prisoner was running away—I ran after her, and caught her at Baker Street, about 50 yards away—she said "I have not got the man's watch," and at the same time I saw the watch fall from her hand on to the pavement, and I picked it up—the prosecutor came up and said "She has got my watch," and pointed the male prisoner out to me, and said "That man with a white smock struck me," and the man ran away—he was about three or four yards from me, and I could see his face—I am quite sure the prisoner is the man—I lost sight of him—I had got hold of the female prisoner; she threw herself on her back and kicked and tried to bite me, and said she would not go to the station; that prevented me from going to the man—on the way to the station she said "The prosecutor dropped the watch, and I ran away with it"—at the station she said "It is quite right, I did drop the watch, and Jack Connell struck the prosecutor."
Cross-examined. The nearest police-station would be Marylebone Road—I do not know the name of the public-house near the Metropolitan Music Hall, there are several—it was about 50 yards from the corner of York Street where I caught the female prisoner.
FRANK BATTISON (Cross-examined by Barker). I did not ask you to go and live with me—you were not with me at half-past nine in Manning Street—I do not know the street—I was alone—I did not go to a public-house with you—I was sober—I hardly drink at all—the officer at the station did not remark that I was drunk.
WALTER GILLHAM (Re-examined). The prosecutor was sober—I was present when the charge was entered—at the time the woman was charged I did not hear any officer say to the prosecutor, "Why you are drunk."
WILLIAM WALLACE (Police Sergeant D 12). In consequence of information received, I went to a common lodging-house at 3, Little Grove Street, Marylebone, at about 1.45 a.m. on the 3rd, about two hours after the female prisoner was charged—it is about half a mile from where this robbery took place—the prisoner Connell was in a large bedroom upstairs—there were about seventy others in bed in the same room—I said, "I want you"—he replied, "All right"—he was not undressed, but was sitting at the side of his bed with a white slop on, and stooping to untie his boot—a fellow-lodger who came in and heard me speak to him said, "Jack, where are you going to?"—I was in uniform—the prisoner replied, "I am going to the Marylebone Lane Police-station to be locked up; go and tell the old woman"—I had not told him the charge then—I said, "You seem to know where you are going"—he replied, "Yes"—I then said, "You will be charged with being concerned with another in custody with highway robbery with violence"—those are the exact words; I did not mention a man or a woman—he said, "All right; I'll tell you the truth, I was along with her; we were all together in the Globe public-house drinking, but I didn't take the watch and chain—I had not mentioned what was stolen—I took him to the station—the prosecutor was fetched to the station, and immediately he entered the charge-room he pointed the prisoner out and said, "That's the man"—the prisoner made no reply.
Cross-examined by MR. COLE. He was sitting down when the prosecutor identified him—he was not put with others—the Marylebone station would be the nearest police-station to the lodging-house—it would be one and a half miles distant, and about three-quarters of a mile from the station to where the offence occurred—York Place is about the same distance—when I went to the lodging-house I was in uniform, there was a light and he would see who I was—the prosecutor was perfectly sober when he was brought to charge the male prisoner, about 6.30 a.m.—that was the first I saw of him—he lived at Euston Road and was sent for—it was about 1.45 when I went to the common lodging-house, and it would be 2.30 when I got to the station; then the prosecutor was sent for and he came about 6.30 or 6.45—he did not come at two, because I had not got there with the prisoner then.
Barker's Defence. I did not take his watch, he dropped it—I stooped to pick it up, and before I had time to speak he said, "I'll lock you up," and the policeman took me. I had been drinking with him since half-past nine; Johanna Ward and another girl was with me, we were all drinking together.
GUILTY . Connell was further charged with having been previously convicted of felony at the Marylebone Police-court on 23rd October 1877, to which he
CONNELL**— Seven Years' Penal Servitude.
BARKER— Six Months' Imprisonment.
MR. DIXON Prosecuted.
ADAM WALKER . I am a cooper, at 24, Young Street, Victoria Dock—on Saturday night, April 5th, between 11 and 12, while going home I was attacked in Wentworth Street, Spitalfields, by three or four young men—I had about 15s. in the right-hand pocket, and other money in my vest pocket—I was caught up from behind, and when I tried to get clear I was caught up by the chin from behind, tripped up and thrown down—the money in my right-hand pocket was taken, that in my vest was not taken—after robbing me they ran away—I was not hurt much—I was not choked, only hurt a little in the arm—I was not quite sober, but knew what I was doing well enough—the prisoner was afterwards brought before me, but I could not recognise him, I was taken so suddenly from behind that I had no chance of seeing him—I had had two or three half pints of ale.
Cross-examined fry the Prisoner. I said when the policeman had you in custody that I did not know you, and never saw you before, and that I could not swear to you.
JOHN DENNIS (Policeman H 57). I was on duty in Wentworth Street, Spitalfields, on the 5th April, about 12 p.m., and saw the prisoner and some other lads hustling the prosecutor—they knocked him down and rifled his pockets, and ran away—I got in a doorway about ten yards off, and as they ran towards me I jumped out and apprehended the prisoner, who was running away—he said, "What have you got me for? I am running after my pal"—I said "Come back here and I'll tell you"—I then asked the prosecutor if he had lost anything, and he said "Yes"—I said to the prisoner, "I shall take you to the police-station, and you will be charged with robbing the prosecutor"—when at the station he said, "I was running to a coffee-shop to get some food"—the prosecutor was drunk, but knew what he was about—he was charged by me with being drunk, and it was entered on the charge sheet—between the time I saw the prisoner ill-using the prosecutor and the time when I caught him I had not lost sight of him at all—he was one of the men, there were four of them, the prisoner was the one who knocked him down—I could not see whether he rifled his pockets—they all got up then, and left the prosecutor lying on the ground—the prisoner did not try to escape—when I took him back the prosecutor said he had been knocked down and robbed, but did not know who had done it, and could not swear to the prisoner—the prisoner denied the charge at the station.
Cross-examined. When I took you to the prosecutor there was a man standing beside a woman—the people cried out you were not the man.
NOT GUILTY .
MR. MEAD Prosecuted.
EMMA CRAWLEY . I reside with my father at Stowe Rectory, Weedon—on the 10th of August I was in want of a donkey basket carriage, and put an advertisement in the Bazaar, Exchange, and Mart—I soon afterwards received this letter, dated 10th August, addressed from 15, Dartmouth Street, Westminster. (Letter read, purporting to be from Captain H. D. Evans, about to leave England, and offering a very excellent basket carriage in exchange for P. O. O. for 5l.) I replied to that, and enclosed a cheque
for 5l. endorsed London and Westminster Bank—I afterwards received this letter, dated 14th August, returning the cheque. (This letter, also purporting to be from Captain Evans, asked for P.O.O. in lieu of cheque, as Captain Evans had closed his banking account in England preparatory to going to Japan). In reply to that I sent a P. O. O. for 5l.—I did not receive the donkey carriage—I wrote on the 19th and 20th August these two letters asking for an explanation—they were not returned to me—I relied upon the statements in the letters received when I sent the post-office order.
CHARLOTTE BENNETT . I keep a newsagent's and stationer's shop at 15, Dartmouth Street, Westminster—the prisoner came to my shop about the middle of August last, and said "Captain Evans has come to live in Queen Street, and is advertising for a clerk; will you take in the letters for Captain Evans?"—I said "Yes"—he then went away, and the next day or the day after a letter came with the postmark Weedon, and addressed to Captain Evans—the prisoner came and I handed it to him—a second letter came in a day or two with the same postmark, and I gave that also to the prisoner—I received two other letters after—the prisoner, I believe, had the third letter, but never called for the fourth—I gave it to Inspector Press.
CHARLES KNOWLES . I am a clerk in the London and Westminster Bank, Lothbury—I do not know the prisoner—we have no account at our office or at any of the branches in the name of Captain Evans—the signatures "H. D. Evans" and "Henry Davis "on the papers produced are in similar handwriting—I have had experience in comparing handwriting—Captain Evans had no authority to refer to our Bank.
ALFRED BROWN . I am a clerk in the Money Order Office of the General Post-office, and produce the P. O. O. which has been given in evidence—it was cashed at the General Post-office—it is signed "H. D. Evans," and was issued at Weedon, August 15th, and paid at the chief office on the 16th. Key. Hubert Lewin Howarth. I am a clerk in holy Orders at Dover Place, Maidstone—on the 5th March I advertised in the Bazaar, Exchange, and Mart to exchange a keyless crystal-back watch, cost 2l. 18s., for theological books value 30s.—I received this letter, dated 16th March, in reply. (This letter, signed "H. Deacon" and addressed from West End Club, offered to make the proposed exchange, and directed the watch to be sent to Mr. Charles Collins, Jeweller, 54, Horseferry Road, Westminster, to be returned if not approved.) I sent the watch to that address by registered letter—I never received any money for it, or the watch, or any books—on the 21st March I wrote to Mr. Deacon at the West End Club, and I also wrote to Mr. Collins for explanations as to the watch.
MARY DUNKLEY . I keep a sweet shop in Horseferry Road, Westminster—the prisoner came in about the end of February and said he wished to have some letters addressed somewhere, and asked if I knew where he could address them to, and I offered to have them addressed to my place—he gave his name as Charles Collins, and said he was a hair jeweller—some letters came afterwards, three of them registered—I gave them up altogether to the prisoner—this is the receipt I gave for one of them—there were four or five letters later on in the same name which he did not call for—I gave some of them to Inspector Press—we returned the others to the post office.
Cross-examined by the Prisoner. I saw you at the police-station on the evening of your arrest—I did not say, "I never saw that man before in my life"
—I recognised you, and then I thought you were not quite so tall—I said the man who called appeared taller.
Re-examined. I know his face, and have no doubt he is the man—a customer named Burgess was in the shop when he came.
Cross-examined. Before being called as a witness at the police-court the police officer did not point to you and say, "If they ask you if that is the man that you saw, say 'Yes.'"
WILLIAM PERRY . I am a photographer of Durham Villa, Hythe, Kent—on the 5th March, I inserted an a lvertisement in the Bazaar, Exchange and Mart to dispose of a diamond opal ring, and in reply received this letter, dated March 6th. (This purported to he written by Dr. Partridge, West End Club, offered to buy the ring for 18l. if of fair value, and requested it to be forwarded to Mr. Charles Collins, Jeweller, 54, Horseferry Road, Westminster.) I endorsed on that letter, "Letter received 17 March, 79, Wm. Perry—ring sent 17th March, 79"—I sent the ring to Mr. Collins by this registered letter (produced), and at the same time wrote to Dr. Partridge at the West End Club, advising him I had done so—I have never received the money or the ring in return—I relied upon the statements made in Dr. Partridge's letter.
EMMA BLAGDEN . I am a widow residing at Petworth, Sussex—on the 12th April I put this advertisement in the Bazaar, Exchange, and Mart. ("Large carbuncle brooch, very handsomely set in gold. Offers in fur, sealskin, velvet, or cash 7 guineas, if approved.—Address, 'Phœbe.'") I received this letter in reply (purporting to be from Captain Henry Davis, The Laurels, High "Wycombe, stating that he was under orders to sail to India, and requesting that the brooch should be forwarded for him, addressed, "Captain Henry Davis, Lindley and Co., Army Agents, 6, Catherine Street, Strand)—upon receiving that letter I sent the brooch in this registered letter (produced) and received no remittance—the police then communicated with me.
SAMUEL HARMER LINDLEY . I am an advertising and news agent, at 6, Catherine Street, Strand, and proprietor of the news rooms there, where persons may write letters and have letters addressed to them—on the 9th April the prisoner came to me and said, "Will you take in letters for me?"—I said, "Yes, by registering the name and giving your address"—I have all the names entered in a register, and the private addresses where we can get them—he gave no address—he gave the name of Captain Henry Davis—I then remarked to him that I had a friend, Lieutenant Davis, in the army, and the prisoner said, "I am in the marines"—three or four days after I received four letters by one post, addressed to Captain Davis, and I gave them to the prisoner—he said, "Is there any other parcel or registered letter?"—I said, "No," and he went away—after that Inspector Press came—the prisoner called again the same day—I said 1 o'clock at the police-court, but I have inquired and think it must have been from 3 to 4—the registered parcel in brown paper, with "Lindley and Co." upon it had then arrived—the prisoner asked if I had received a registered letter or parcel, as he had received a registered letter that morning advising that it had been forwarded—my daughter gave it to him—I was present, and saw him sign the receipt for it—he then left, and Inspector Press followed him
—we are not army agents, and it is not true that we were representing the prisoner in that capacity—I never saw him till April 11th.
Cross-examined. When you asked me to take the letters, and registered the name, I presumed it was for yourself—you made it personal on the first occasion, when I took the register fee and I spoke about my friend Lieutenant Davis.
HENRY JAMES PRESS (Police Inspector). From information respecting the prisoner, I went to Lindley's, 6, Catherine Street, Strand, on April 15, and waited till 4.10, when I saw the prisoner come in; he asked Mr. Lindley for a parcel—he said, "I was disappointed this morning in not receiving a registered letter. Have you any for me?"—the parcel was then handed to him, and he took it and left—I followed and apprehended him—I had a warrant, and was in plain clothes—I said, "I have a warrant for you in the name of Henry Partridge, for stealing a gold diamond and opal ring from Mr. Perry, and I will read the warrant at the station"—he said, "I know nothing of it"—I took him to the station and read the warrant to him, and he answered "Yes"—on. the way to the station he said, "I have been out of work; these fellows have got bold of me and sent me for these things. I was to meet one of them at the Criterion at 5"—I examined the brown paper parcel, and it contained this brooch—I asked him to write his address, and he wrote this in my presence: "Alfred Clark, Boulton Lodge, Upper Church Street, Chelsea"—I have inquired there—I have received some letters from Mrs. Dunkley and Mrs. Bennett, which have been produced.
Cross-examined. I was present in the charge-room when Mrs. Dunkley was brought in to identify you—she pointed to you as the man, and then said, "No, I think he is not tall enough"—you were with two other men—the other men were dressed something like yourself; one had a high hat and the other a felt hat.
The Prisoner's Statement before the Magistrate. Crawley's Case. "I acted in this as in other cases as a paid messenger."
Howarth's Case. "I give the same answer, I was merely a paid messenger." Third Case. "No, sir. No witnesses." Fourth Case, "I reserve my defence. No witnesses."
The Prisoner, in a long defence, stated that he was a veterinary surgeon by profession, and being reduced to great poverty, had been getting a living at Tuttersall's by carrying messages, and there met with certain sporting gentlemen, among whom were Captain Davis and Collins, who had employed him to fetch the letters the subject of the charge, and that he had been made a tool of by them.
GUILTY . He was further charged with having been previously convicted of felony at St. Mary's, Newington, General Quarter Sessions on May 7th, 1877, to which he
PLEADED GUILTY. There were five other indictments against the Prisoner.**— Seven years' Penal Servitude.
OLD COURT.—Thursday, May 1st, 1879.
Before Lord Coleridge.
483. THOMAS RAYNER (31) , Feloniously uttering to Hugh Pearson a letter threatening to accuse him of an infamous crime. Other Counts demanding money with menaces without any reasonable or probable cause.
MR. F. H. LEWIS Prosecuted.
HUGH PEARSON . I am a gentleman residing at Harcourt Street, Kensington—I am married—I have no family—I recollect the prisoner first calling at my house in September last—I had not known him before; he asked for charity, and from what he said I gave him a few shillings; 10 I think it was—I think the next time I saw him was in Piccadilly—he accosted me one night when I was returning home; that was after he had come out of prison—he asked me to give him money—I did not do so—he called at my house again—he always left a note at my house when he called—I did not see him; I refused to see him—I have not got the note—I directed my servants not to admit him—on the evening of April 9th he called—I saw him, I went out and passed him and simply said, "I am going for a constable"—he ran away—on the 11th my servant told me that he had been to the door; he came again a few minutes afterwards—I went to the door; he accosted me as I was going out, and he then attempted to thrust this letter into my hands—he said, "Here, take that," holding it out—I did not take it, but I took him by the collar and told him that he was not going to escape, upon which he worked himself out of my hands and ran away, I following him.
Cross-examined by the Prisoner. I say that you offered me the note; you had it in your hand; you had it in your hand the whole time you were running away, and I saw you throw it deliberately over the wall—I never saw you before you came to my house—I had never met you before to my knowledge—when you asked me for money in Piccadilly I threatened to give you in charge, upon which you went away, you had walked by my side for some distance—I made you no promise to allow you some money weekly, and to send it to the post-office until you got a situation, most certainly not.
EMILY WAKELING . I am parlour-maid at Mr. Pearson's—I know the prisoner by sight—I recollect him coming on 11th April, I opened the door to him, and he tried to thrust a note into my hand—I had it between my fingers, and he had it in his hand at the same time—he said "Give that to Mr. Pearson"—it was dark, I could not see him, but I knew his voice—I said "No," and shut the door—my master came out afterwards, and said "Who is that at the door?"—I said "That horrid man again, sir"—when I closed the door the prisoner had the letter in his hand which he had offered to me—I did not take it in—this is the letter (produced)—there was a light in the hall, but he always stood back on the doorstep when he came—my master came to the door, but he did not go out then—the prisoner came a second time, and another servant and I went to the door, but did not open it—we saw him through the glass, and I saw him with the letter in one hand, and the other hand in his pocket—I saw by the light of the lamp it was a square envelope that he had in his hand—I did not see the writing—about ten minutes or a quarter of an hour elapsed between his first and second coming.
Cross-examined. I took notice of the envelope—I had my eyes, and I saw it with my eyes.
JONATHAN TRUMAN (Policeman T 151). On the night of 11th April I saw the prisoner running through Redcliffe Square followed by Mr. Pearson—I saw him throw a letter over in a garden in the rear of the Grove, Boltons—I stopped him, and asked what he had thrown over the wall—he said "nothing"—I pointed out the place to another constable—the prosecutor gave him into custody for attempting to extort money—the prisoner said he was very sorry, if he would let him go he would, not see any more of him—I saw the prisoner searched, an envelope was found upon him, but not containing any letter; that envelope was not directed to Mr. Pearson, but to a Mr. Boultby.
Cross-examined. I was only five yards from you when I saw you throw the letter over the garden; it was dark, the clock struck 8 while I was holding you—I 1/2 d. and a knife were found on you at the station.
JOSEPH SANDHILLS (Policeman T 197). The last witness called my attention to a garden—I went into it, and picked up this envelope marked "A," it contained this letter. (The letter alleged conduct on the part of the prosecutor which would disgrace him; alluding to his beastly propensities, and stating that if he would arrange matters with him (the prisoner) he would leave London, and be heard of no more.)
Prisoner's Defence. It is alleged against me that they saw me throw away this very letter; how could they possibly swear it was this letter? It was 8 o'clock at night, nearly dark; there is no proof that this is the letter I offered to Mr. Pearson, or that there is anything in it as alleged in the indictment, and there is no proof that it is my writing.
GUILTY .— Ten Years' Penal Servitude.
MR. DANIEL Prosecuted.
ROBERT MERTON . I keep the Castle public-house in Portugal Street, Lincoln's Inn Fields—on Thursday, 10th April, the prisoner was engaged as under-cook—on the Saturday, about 11.30, I was making up my cash in the parlour, which is separated from the kitchen by a glass partition—the prisoner came to the parlour; there was cash and notes to the amount of 50l. or 60l., I had taken it from the cash-box—on Sunday morning I was aroused by the cook, Ann Watson, about 6.30; in consequence of what she said I followed her downstairs; I heard her say to the prisoner, who was on the stairs, "Why don't you go downstairs, woman?"—she said, "I dare not, there is a. man in the kitchen with a big knife in his hand, and the bar door is open"—Watson came back to me and said, "It is quite true, sir," there is a big fire in the kitchen"—I went down into the kitchen and saw a big fire there in the fireplace; a. lot of clothing was on fire, four of my coats, three hats, the potman's clothing and all the house linen, the servants' aprons, and a number of things—the whole of the large fireplace, oven, and boiler, was red-hot, as red as a furnace; a quantity of cigars and tobacco were half burnt, and the prisoner was at the fire poking all the things on, with her face almost as red as the fire, and black soot on her face—I saw no man there—I went into the bar and found all the spirit taps turned on and the spirits running—I returned to the kitchen and said to the prisoner,
"Where is this man?"—she said, "He has gone up the steps in the yard"—I looked at the door immediately, and saw that it was fast, as I had left it; nobody had passed through it—I said, "Which way did he go?"—she said, "Through the window"—I said, "Which window?"—she said, "The window in the tap-room"—I looked in the tap-room and saw no person there—I went to the door leading into the yard and found it secured, just as I had left it on Saturday night—she said, "The man fell down when he was getting out of the window"—I looked in the yard, there had been a little rain, and some one had been sick there on the Saturday night, and it was impossible for any one to have fallen there without making a mark, and there was none, and the dust on the window-sill was not disturbed—there were no footmarks on the steps—the only exit from the yard is along the wall and into another yard, surrounded by high walls and houses, no one could get out that way—as soon as I had collected myself I went to see what damage was done, and I found all the ports and sherries that were in the decanters had been emptied into a tub that we wash our glasses in, and the decanters were all set on the counter, and a lot of spirit bottles had been emptied and the spirits were running down into the cellar, and this glass stopper belonging to one of the decanters I found in the fire—on examining the bar I found the drawers had all been opened, a bag that contained a gent's books had been opened, and all the biscuit boxes—the drawer that usually contained money was open; but nothing had been left in it—the drawers in the other bar had all the papers turned out and left on the floor—there were ten persons sleeping in the house at this time.
ANN WATSON . I am cook to Mr. Merton—on Sunday morning, 13th April, about 6.30, the prisoner came to my room and said, "There is a large fire in the kitchen"—I went and called my master, and I met the prisoner on the stairs; I said, "What are you standing there for?"—she said, "There is a man in the kitchen with a white-handled knife"—she went down before me—I examined the door and window of the kitchen, they were fast.
JAMES SMITH (Policeman E 421). About a quarter past 7 on the morning of 13th April I was called to Mr. Merton's—I saw the prisoner there poking the fire—I asked her who lit the fire—she said she did not know who did it; when she came downstairs there was a man sitting on a chair with a knife in his hand smoking a cigar—I asked her where the man went to—she said he went through the taproom window into the yard—I asked where he went to then—she said up the steps and along the wall into another yard—she said he fell down in the yard—in company with the prosecutor I went up the steps and along the wall and found no trace whatever—I examined the door leading from the kitchen into the yard and found it all fast—I examined the window sill and found no trace there or on the steps.
Prisoner's Defence. I am not guilty. I did not burn the things.
The Jury stated that they found the prisoner guilty of destroying the prosecutor's property without the intent of burning the house, but with intent to do wilful damage.
LORD COLERIDGE considered their finding anointed to a verdict of not guilty, all the counts of the indictment charging an intent to set fire to the house.
NOT GUILTY .
The Prosecutor repeated his previous evidence.
GUILTY .— Six Months' Imprisonment.
MR. POLAND Prosecuted.
WALTER SAMUEL ALDOUS . I am one of the warders of H.M. Prison, the House of Correction, Coldbath Fields—the prisoner was undergoing a sentence of imprisonment there—he was under my charge on the morning of 22nd March; I saw him about a quarter-past 6—I had no conversation with him—he was given over to my charge by the infirmary officer, and I passed him on to his cell—I saw him again about 7.30; he was let out of his cell—I saw him later, about 10.15, when he saw Mr. Gilbert, the assistant-surgeon—he examined the prisoner in my presence; he put nothing down in the book—the prisoner complained of toothache—the doctor examined his mouth—if he found that he was suffering from illness he ought to have put something down—it was my duty to bring the matter before the governor for disturbing the prison at night without cause—I took him before the governor about 10.30—I told the governor in the prisoner's presence what had occurred; I said, "The prisoner went up to the infirmary last evening; he was brought down this morning; he has seen the surgeon, and there is nothing the matter with him"—the prisoner made no reply to that that I am aware of, not to me—the governor directed me to get a certificate from the chief surgeon, and I with one of the principal warders, Reynolds, went to the infirmary and saw Dr. Smiles, the surgeon, and Mr. Gilbert, the assistant-surgeon, was with him—Dr. Smiles examined the prisoner, and gave a certificate that there was nothing the matter with him—I took the prisoner back to the office and reported what the surgeon said, and handed the certificate in—the governor said, "Let it stand over till to-morrow," but that being Sunday I said, "You mean Monday, sir," and he said "Yes"—I then took the prisoner back to his cell—about 11.30 I was sitting in the warders' room in the D ward, writing; I was sitting sideways to the door—a prisoner named Montrose was cleaning the room; while I was there I received a severe blow on the side of the head, or rather over the eye, which knocked me off the stool on which I was sitting, into the fireplace; I did not see where the blow came from, but I heard the words, "Take that, you, b—;" I knew it was the prisoner by his voice—he then seized the tongs from the fireplace and struck at my head with all his force, standing over me; I was lying on the ground; I put up my hands and warded off the blows; he did touch my head, but not severely to injure me much—I wrenched the tongs from him; he pulled me up by raising the tongs, and I struck at him with the tongs in self-defence—at that time blood was flowing freely from the wound over my eye—the prisoner then seized the poker from the fireplace, and was about to strike me, when assistance arrived; Dyer came to my assistance, and the prisoner was secured with the assistance I could give; he was very violent indeed—when he was secured he said he wished he had killed the b——.
Cross-examined by the Prisoner. I reported you under our previous
governor's orders for disturbing the prison at night when there was nothing the matter with you—when the governor told me to get a written order from the surgeon, you asked him to send somebody else besides me—Reynolds took you to the infirmary because you asked the governor to let somebody else go with me—you said you would not go with me by yourself—you were in my charge, and it was my place to go with you—you struck at me with the tongs—you hit me on the top of the head with them—I had marks, I showed them to Dr. Smiles—Davis relieved me from duty—I was relieved from duty on account of the injuries I received from you—Davis was ordered by the governor or the chief warder to relieve me—it was your right hand that I struck with the tongs—I can't say whether you tried to ward off the blow, I was partly stunned at the time, I hardly knew where I was—when I fell I called Out "Dyer," when you struck me with the tongs—I did not call out anything else that I am aware of—there was a preliminary inquiry into this case before the governor—I was very unwell, and was taken out of bed to go before the governor—I won't swear that I said then that I had blood flowing from my eye—when I came to you, with Dyer's assistance, you were lying on the floor with your face downward, and you had got hold of my legs—I left the room when further assistance arrived—you were lying with your head on the floor then—I came back after I left the room, but not till after you were secured, not while you were in the room with the officers—I did not say before the Visiting Committee that you had threatened my life a few months before, and I had reported you for it—I said you had used threatening language to me—I did not report you, because you were in a temper; you had been reported—I forget what language it was—it was in July, I think; you were taken out of my charge and put in the punishment cell—you were being removed to punishment cell when you threatened me.
Re-examined. I was off duty for four or five days from the injuries.
ALFRED MONTROSE . I was a prisoner in Coldbath Fields House of Correction on the morning of 22nd March—about 11.30 I was in the same room with Aldous—the prisoner came to the door and said, "Is the warder there? I want to see him about that report of mine this morning"—he did not wait for my reply, but walked straight up to the warder, who was sitting down with his back partly to the door, and struck him a violent blow on the right side of the head, it knocked him off the form—I was about to seize the prisoner, and the warder called out, "Call Dyer, call the officers"—the prisoner said, "Yes, you b——, for I will kill you"—I at once went to the room and called out for assistant-warder Dyer, and then called out "Murder"—Dyer came at once, he was close at hand—I next called assistant-warder Fordham—Aldous was bleeding profusely from the eye—blood was running down the side of his face.
Cross-examined. I was sent for six months for obtaining a situation by a false character—when I was before the governor he asked me, "Did you hear him say anything?"—he did not say it repeatedly, he only asked me once.
GEORGE DYER . I am an assistant warder at Coldbath Fields Prison—on the morning of 22nd March the prisoner's bell rang; I went to his cell, and he said he wanted to see Dr. Smiles—I told him he had just seen Dr. Smiles, and if he waited a few minutes I would take him up to the infirmary myself
—he then said "Will you allow me to see the warder?"—I told him he could leave his cell, and that Aldous was in his room—I followed him a little behind, and allowed him to go in to see Aldous—shortly afterwards I heard a fall on the floor in the room, and Montrose came out and called me—I rushed in, and met him coming out—Aldous was lying on the floor near the fireplace, and the prisoner had the poker in one hand and the tongs in the other, and was beating at him—I secured him—he left Aldous, and made a blow at me with the poker, which I caught in my hand; assistance came, and he was secured—I did not hear anything while I was in the room.
Cross-examined. When I came to your door you did not say "I am going to get a flogging, and done with it"—you said you would get a flogging for somebody—I stated that before the Magistrate, when you asked me the question—you were striking Aldous with the poker and tongs; he had got his arms up, and was warding the blows off—you turned round, and made a blow at me with the poker, and I caught it, and wrenched it from you, and struck you in the ear—you did not fall down, we struggled together a few moments; I got you on the ground; you did not get up again, I took care of that—I did not hear you say anything while you were in the room; I was too busy.
WALTER WILD (Warder). I went into the warder's room, and saw Dyer there, and the prisoner, and Aldous staggering out of the room—when I got in the poker and tongs were on the floor—I saw a mark over Aldous's eye, and blood flowing from his eye—I assisted in securing the prisoner—he said "You were too quick on me or I would have killed him"—I secured him with the assistance of warder Fordham; he came in with me, we came off our flights when we were called—as we were conveying the prisoner to the chief warder's office he said "If I meet you outside," or words to that effect, "I will find out where you live, and I will get some one that will give you a doing, and also if I meet Mr. Wall outside I will kill him."
Cross-examined. When I came into the room you were struggling with Dyer—you were on the ground, and Dyer had you firmly secured—I saw Aldous staggering out of the room, but I did not take further notice of him—he did not come back to my knowledge—I paid no attention to him, I paid attention to you—when I was taking you to the office you threatened if I did not let you go you would kick me, and I said, "Don't do it, Connolly, it will be a bad job for you."
Cross-examined. I recollect the warder coming to search your cell one day in the F ward—I was told of it afterwards, I know nothing about it—you did not use any threatening language on that occasion, nor did I—while I was taking you to the office you said "Let go of me," but it was hardly likely I should do that with a prisoner like yourself."
The Prisoner in a long defence alleged that having been several times convicted of minor offences, when sent to the House of Correction, under a sentence of two years' imprisonment with hard labour for an assault he was deemed incorrigible, and was subjected to every species of hardship and annoyance on the part of the warders, who were supported by the governor, and feeling his position to be insupportable, he committed the assault upon the warder for the purpose of being ordered a flogging, after which he hoped to
be let alone. He entered into a detailed account of the alleged injustice which he had suffered, and the exaggerations of the case by the witnesses, and denied that he had any intention of doing futher injury to the warder than would subject him to the punishment of a flogging.
GEORGE CHARLES WALL (Warder). When I came to search the prisoner's cell some months ago he said that he would do a lagging for both of us, but especially for Aldous, because he was always down upon him.
JOHN ELLIOTT (Warder). I recollect Fordham and Wild coming to the office with the prisoner—he told me they were choking him—it is my duty to look after prisoners when they are before the Magistrate—I recollect the warder saying, "This man has threatened my life some time ago, but I did not report him for it, because he was in a passion"—he was then going to the punishment cells—the record-sheet was looked over.
JOHN GEORGE NICHOLL (Warder). Aldous told the Visiting Committee when they were taking depositions that the prisoner had threatened him—there was no reply given as to his reporting it; he convoyed to the Committee that he had not reported it—the records were referred to, and no report was found—he explained that the threat was used in a moment of excitement when being removed to the punishment cells, and it was not taken any notice of—I had him in charge when the governor was taking the depositions before the Visiting Committee—he accused the governor of putting words' into the officers' mouths, and the governor said, "I am not, I am asking straight and direct questions for the information of the Committee"—the officers had given an account of the transaction without mentioning any words, and the governor then put the question, "Was any expression made use of?"—I don't think that was put more than once.
GUILTY of Unlawfully Wounding .— Six Weeks' Imprisonment, to be concurrent with the sentence under which he was then imprisoned .
NEW COURT.—Thursday, May 1st, 1879.
Before Baron Pollock.
BRIDGET LANE . I live at Spitalfields—I knew the deceased George Buckley—I was with him at the Bluecoat Boy on 7th April—the prisoner and two others came in; one was a carroty-headed woman, and the other, I suppose, was her husband—as soon as they came in Buckley said to the prisoner, "I think I knocked you down last night; I am very sorry for it; I did not take any notice of it; if it is all over with you it is all over with me," and they shook hands and drank together—I do not think either of them were drunk; they were quite capable of knowing what they were doing—drinking ale and half-and-half went on from 6.15 till between 7 and 8—they both became quarrelsome about 8.15, and Buckley stood up and hit O'Connell with his open hand, but only one blow—O'Connell took no notice for five minutes, and then he said, "Do you think I will let it go as I let it go twice last night? I shall very well make you pay for it to-night," and he ran. two or three steps over to him and gave him a running kick in the bottom of Ins stomach as he was sitting on the seat—he made a jump and turned to me, and said "Bridget, that man has given me a kick that
will do me for life"—I said "Don't be so foolish"—he was taken to the hospital, but the authorities would not take him in, and he was in terrible pain, and spent the night in my house, and between 3 and 4 a.m. he was taken to the London Hospital, and died there eleven or twelve days after.
ELLEN MYLES . I live at 38, Dorset Street—on Monday night, 7th April, I was in the Bluecoat Boy, and saw Butcher and the prisoner, who were strangers to me—they were neither sober nor drunk—Buckley struck the first blow, but before he struck him he pushed him three or four times—the prosecutor did nothing on being struck because the two women held him, and a witness here held him, and when he could not strike him he gave him a kick—Buckley was sitting by me, singing—it did not seem a violent kick to me, but he rolled off the seat after he got it—it was at the bottom of his stomach.
JAMBS ANDREW CLARK . I am house surgeon at the London Hospital—Buckley was brought there on 8th April, and I saw him at 9 a.m.—he was suffering from inability to pass water and severe pain in the lower part of the abdomen, and his groin was swollen—peritonitis set in in twelve hours, which was the immediate cause of his death—no signs of external injury were apparent—if he had been kicked on his stomach one would rather expect to find some mark, but not necessarily, the wall of the stomach would yield to the kick—I found on a post-mortem examination that an abscess had formed between the wall of the stomach and the muscles of the abdomen, and probably some vessel had been ruptured—I am led to suppose that violence caused the injury—I do not think the abscess could have been set up by internal causes.
Witnesses for the Defence.
MRS. McNAMARA. I went into the Bluecoat Boy for some beer, and the prisoner was singing—he said, "Sit down, I can't wait"—Buckley said, "If you don't leave the company I shall murder you; you knocked me down yesterday, and I shall not put up with it to-day"—he rose from his seat and struck O'Connell twice, and made a third blow, which I received on my head—I got angry and left the house and saw no more; but before that the prisoner got angry, and I said, "He is too big for you, keep away from him n—I saw him lift his foot, but whether he kicked him I cannot say—Buckley was a bigger man than O'Connell.
Cross-examined. I was examined before the Magistrate, and said that I saw the prisoner attempt to kick him—he did not run at him, he stood where he was, but he lifted his foot, and whether he kicked him I cannot say.
THOMAS McMAHON . I was with my wife in the Bluecoat Boy at a little after 7 o'clock, and saw the prisoner standing in front of the bar—the deceased was sitting down—some quarrel happened which I could not hear, and Buckley got up and made two blows at him, and the third blow the last witness received; the publican put them outside—about 10 minutes after that I saw the prisoner fall off the-seat, but saw no kick—the prisoner was then standing about the middle of the bar, which is about eight feet long—if he had kicked him, I think I must have seen Him—I do not know what made Buckley fall; he doubled himself up and said that he was hurt, but did not say by whom—I did not hear him say, "This will do me for life"—the constable asked me to render him assistance, and I put Buckley on my
back, and we got half way to the hospital—he then said, "Let me down,. I will walk n—I let him down, but he was the worse for liquor and could not walk—the fact of the matter is, the whole of them were drunk.
Prisoner's Defence. The man knocked me down twice on Sunday, and on Monday he struck me twice. That is all I recollect. We were all drunk.
GUILTY under great provocation .— Three Months' Inprisonment.
MR. MILLWARD Prosecuted.
GUILTY of the attempt . Eighteen Months' Imprisonment.
THIRD COURT.—Thursday, May 1st, 1879.
Before Mr. Recorder.
The Witnesses did not appear.
NOT GUILTY .
Other Counts for obtaining money and stamps from other persons.
MESSRS. MONTAGU WILLIAMS and MEAD Prosecuted; MR. SIMS appeared for Montgomery, and MR. GEOHEGAN for Vivian.
JOHN GEORGE LITTLECHILD (Police Inspector, Scotland Yard). I know Montgomery as Hitchiuan—this advertisement appeared in the Times of 24th December, and the Times, Telegraph, and Standard of 4th January, 1879: "Dear H.,—I entreat you to help me in this my time of deepest trial. Ill and friendless, I can look to none but you for assistance. By the memory of the past I implore your aid or I know not what I shall do—my last shilling is expended on this advertisement. Remember me at this season of happiness and reunion. I have no home now, so please address E.V., "Barfoot's, 295, Strand, London." Barfoot's is a sort of library—I went to the advertisement offices of those newspapers, and there saw the drafts of the advertisements, which were in Montgomery's writing, which I knew well—I then communicated with the Charity Organisation Society, who inserted this' counter advertisement-: "To the Benevolent. Any persons who have responded to advertisements commencing "Dear H.,—I entreat you to help me in this my time of deepest trial," &c., &c., which have appeared in the Times, Telegraph, and Standard, are requested to send their names and addresses to the Secretary, Charity Organisation Society, 15, Buckingham Street, Strand." The handwriting in the correspondence is Montgomery's, but it is signed "Ethel Vivian"—I communicated with the persons who had written to the Charity Organisation Society, and in consequence of information I received from one of them I went to 129, Stamford Street, Blackfriars, and in consequence of what I then heard I went to North Bank and saw Mr. Diosy, and arranged for him to meet Vivian at St. Pancras, where I saw them meet—they were in conversation for about a quarter of an hour and then parted, and I followed her to 21, Regent Square, where she went in—I went there at about 9 o'clock a.m. on 8th March, with a constable—I went into the front drawing-room, where the two prisoners were at breakfast—I said, "Montgomery, there is no occasion
for me to tell you who I am"—he said, "No, I know you, Little child"—I said "I am going to arrest you on a charge of obtaining and endeavouring to obtain money by fraud from various people, in connection with the 'Dear H.' advertisement appearing in the newspapers"—he said, "I don't see how you can make that a fraud, I merely inserted the advertisements for my friend"—I told him that I was going to arrest her likewise, and told her who I was—she said, "Yes, Mr. Montgomery inserted some advertisements for me, that is all"—I took them to Bow Street—I found a letter in Montgomery's hat in his writing—the envelope also contained a small piece of hair (produced)—it is addressed, "Alexander Marsell, Esq., Poste Restaute, Brussels"—there were two stamps on it, but it had not been posted. (Read: "My dear Alexander,—I enclose you what you ask for, a small bit of my hair," &c. Signed Ethel Vivian.") In a desk-at Regent Square I found this letter, addressed "Miss Ethel Vivian"—I do not know the writing—it is the letter asking for the hair, and to which the last is a reply—I also found this photograph of Vivian (produced) and this bill for velvet and other things from Meeking and Co., for 4l. 10s. 11d.t dated 8th March, 1879, and this letter, the handwriting of which I do not know: "If it is fine on Thursday next, do you think you could meet me at a quarter to 4 o'clock at Grange's, Confectioner, Piccadilly, a few doors from Egyptian Hall," &c Signed, "C. V. R. M.—To Miss Vivian, 21, Regent Square, King's Cross, London" (Other letters found were also produced)—in consequence of something I heard, I went to 6, Friars' Walk, Oxford, where I found an old blind gentleman and a woman named Hitchman—on the walls I found a photograph corresponding with one I had in my pocket of Hitchman (Montgomery)—in consequence of what I then heard of Vivian, I went to Dublin where I found a lamp-repairer named Buman, and found her sister, whom I brought to London—at the police-court I saw three letters produced by Mr. Diosy, Mrs. Cooksley, Miss Cope, and Mr. Kreutzman (produced), which are all in Montgomery's writing—I have made inquiries, and have traced Vivian since she left Ireland to the present time.
Cross-examined by MR. GEOHEGAN. Vivian was in Ireland in 1876—I first saw Mr. Diosy about 27th February, and arranged for him to meet Vivian—when they met I was 50 or 100 yards away—21 Regent Square is let out in lodgings—I examined their rooms—they had a second bedroom—I am not aware that I have stated the contrary—the letters produced were in a desk in the sitting-room—they had been living at Regent Square for about a fortnight—Diosy met Vivian about 2nd March—I think I had two interviews with him.
CHARLES PEDDER . I am a clerk in the advertisement department of the Daily Telegraph—I produce this draft advertisement, which I received on 3rd January—I cannot identify the person who brought it—it was issued on 4th January, and 6s. 6d. was paid for it.
GILBERT PLUMBRIDGE . I am in the advertisement department of the Times—on or about 20th December I received this draft advertisement to insert, for which 7s. was paid—on 3rd January I received these further instructions (produced)—that was brought by a lady—"E. Vivian, 295, Strand," is written on the front of it—7s. was paid for it.
Cross-examined by MR. GROHEGAN. I cannot swear that I saw the lady write the name on it—if a person brought an advertisement endorsed and said it was the name and address of the advertiser, we should take it.
ARTHUR DIOSY . I am manager to my father, a Government contractor and vine merchant, 134, Fenchurch Street-about 4th January I saw an advertisement in the Standard, and communicated with "E. V." at the address given—I also saw it in the Times—I received in answer this letter of 7th January (Read: "Dear Sir,—I thank you for your kind note, but am sorry to say I cannot meet you at present. I have not heard from my friend and am a raid I shall not I should feel so thankful if I could get a little help for food and lodging. I only wish it as a loan, to be gratefully received and thankfully repaid. I have pledged all I can and know not where to turn for a shilling," &c. Signed "E Vivian Please address" E.V., "Barfoot's, 295, Stand.")(This was stated to be in Montgomery's writing) I wrote again to "E. V.," with about 2s. 6d. in stamps to which I received an answer, and I wrote again appointing to meet her at the Mansion House Railway Station, which I did—I said "Miss E. V., I believe—she said "Yes"—I asked her what her trouble was and proposed that she should tell me in what way I could assist her: so we went to the refreshment bar at Cannon Street Railway Station, where she told me that her fa her died about last June, and left her entirely destitute with the exception of about 20l. after paying his debts; that she had nobody in the world but a brother and did not know where he was, and even if she did he would be no use to her, as he was not well off; that she had a godfather a wealthy man, but did not like to go to him because there were some differences between them—she told me she had applied to many former friends of her father's, but she was unable to get much assistance from them one gentleman had helped her a little, and she had come to London to get employment, where she found a person who was at one time a dressmaker to her family Mrs. Palmer, who was now supporting her, and was living in a low neighbourhood near Waterloo Station, and if she could employment or do anything for the poor woman she should be very glad as she had been so kind to her—she told me she had found a situation as canvasser to an advertisement contractor, who was the landlord of the house where this poor woman lived, and he had sent her out to canvass, but at one place the principal of the firm had made an improper proposal and she had told the advertisement contractor she could not continue in that line of business any longer; that she felt rather shy about answering my letter, because she had had several letters contain improper proposals addressed to Barfoot's and one gentleman made an appointment and met her and took her to dinner at some place in the Strand and made improper proposals to her and she ran away from him; and another gentleman had written to her from the Adelphi making improper proposals, and used threats, saying he would reveal something he knew about her, but she had no seen him and she told me it was a great temptation to her to be so poor I asked her if anybody could give me any information about her father's affairs because if tried to get her a situation I should have to vouch for character and soon—she said that a solicitor in Ireland named Ramsay had something to do with her father's affairs, and I wrote a registered letter to him—several letters passed between us—I also wrote to Mr. Whiteley to get her a situation—when I read her advertisement I believed it to be genuine—I think
altogether I gave her about. 1l. 10s.—from time to time I received these letters signed "E. V.," which are in Hitchman's writing—I believed them to be in Vivian's writing—I subsequently had a communication with Littlechild, in consequence of which I met Vivian at St. Pancras Station.
Cross-examined by MR. GEOGHEGAN. I shall be 23 next birthday—I was born in London, and have lived here the greater part of my life—I have been manager to my father about two years—I have travelled a good deal, and have been an amateur sailor on board Her Majesty's ships—when I wrote to Vivian I only signed my Christian name—the first letter I signed "A British Sailor"—I do not think I wrote more than six letters to her; I will not swear it was not nine—I had three or four interviews with her—I did not communicate with the police—I cannot give the exact date when Inspector Little child called on me—I cannot swear whether in my first letter to Vivian I said I should like to see her—I wrote it, I think, on January 5th; this is my diary—it is in Japanese—I see my first entry is January 14th—I had seen her, I think, before that—I was surprised when I first saw her—the thought entered my mind what some people might say if they saw me there—I was taken aback—I thought she looked very nice and not destitute—I think I called her "Dear Ethel" once—I don't think I called her "my darling Ethel"—I said, "Your devoted friend "at the end of one of my letters—I was not quite satisfied about its being a deserving case the first time I saw her—after the second interview I was satisfied it was a case of distress, but I did not know all the details, not sufficient to get her a situation—I did not tell her that the police were watching her when we met at St. Pancras Station—I was very cold—I felt I had been done—there was a tinge of romance in it, and I felt more pleasure in it than giving a guinea to a Mansion House fund—on one occasion I kissed her on leaving—it did not make much impression on me—I never forgot it—I never signed ray real name to the letters—I thought her prepossessing—I may have said "good-looking "at the police-court—I came to the conclusion that it was a case deserving of pecuniary sympathy—I gave her a sovereign which I obtained from a friend, and some silver for Mrs. Palmer.
Re-examined. I emphatically deny any impropriety between us.
MARGARET MURRAY COOKSLBY . I am the wife of Captain Murray Cooksley, of Gordon Place, Campden Hill, Kensington—I saw Vivian's advertisement in the Daily Telegraph, and replied by letter to Barfoofs; I received this reply: "Madam,—Many thanks for your kind enclosure. I have not heard from my friend, and am afraid I shall not," &c. "I cannot ask you to call, as I am obliged to leave my appointment through inability to pay my rent," etc. Signed "E. V." First of all I sent her 2s. 6d. to pay her fare to come and see me, and secondly I sent her a sovereign, and that is in reply to it—I also received this letter: "Many thanks for your kind letter and the 2s. 6d.—I had to pay 8d. post-office fees for it, as the letter was not registered," &c. Vivian called upon me and I was out—she subsequently came and saw me, and told me her name was Ethel Vivian—I also received this letter from her. (Read: "From the depths of my heart I thank you for your truly welcome kindness. What I should have done without I know not," &c. I parted with my money through my belief in the advertisement.
Cross-examined by MR. GEOGHEGAN. She told me she was living in Judd Street—I cannot tell you the date of her first or second call, or the interval
between—she wrote to tell me that she was coming to return me the money—she called and offered it, and I told her to keep it—her first call was the day after I saw the advertisement of the Charity Organisation Society—I sent my name and address, and that is why I am subpœnaed—she did not offer to return the money before the advertisement—she then told me she had earned it, and that she had got some light employment.
Reexamined, I received this letter of the 20th February from Vivian. (Read: "Madam,—I called this morning to pay you what you so kindly lent me, &c." Signed "Ethel Vivian.") I did not see any sovereign when she offered to return it—I did not wish to take it, because I still thought her case was a deserving one, and seeing this advertisement of the Charity Organisation Society I wrote to her, and told her I should like much to see her, as I thought I had matters of importance to tell her—I believed what she stated in her letter of 20th February, that she had an enemy, causing her annoyance through the Charity Organisation Society.
OTHO LLOYD . I am a student, of Oriel College, Oxford—in January last I saw the advertisement in the Times, "Dear H.," signed "E. V.," and I sent a 5l. note in a letter addressed "E. V., Barfoot's, 295, Strand," wrapped in a piece of paper with the word "sympathy "on it—I posted the letter—I believed the advertisement to be genuine—I did not receive the 5l. back.
Cross-examined by MR. GEOGHEGAN. I did not understand it to be addressed to me—I received no answer.
LOUISA COPE . I live at 46, Highbury Park—in December last I saw E. V.'s advertisement in the Times, to which I replied, and received this answer. (Read: "Dear Kind Friend,—I am so sorry your most kind letter has been so long unanswered, but I have been too ill to write, &c") I enclosed her stamps, value under 5s.,—I believed the advertisement to be genuine.
Cross-examined by MR. GEOGHEGAN. I did not understand it to be addressed to me.
CHARLOTTE HARRISON . I am the landlady of 24, Cumberland Street, Pimlico—Vivian came there to live in June or July last, and gave the name of Johnstone—she stayed till September, when Montgomery came, and she said she was going into the country with him, that he was a poet, she had met him at, I think, the Promenade Concerts—she used to see gentlemen at my house—some letters I saw addressed to her as "Wilmore"—I think she called Montgomery Viscount Montgomery.
Cross-examined by MR. SIMS. She led a gay life, and as far as I know she had no other means of subsistence—I only saw Montgomery for a short time.
FANNY SMITH . I am the wife of Benjamin Smith, of Hunton, near Maid stone—Montgomery came there about 19th June, and Vivian in September—I knew her as Miss Wilmore—they lived there until a fortnight before Christmas—they lived alone in a house—I waited on them, and cooked for them—they left together, and said they were going to London—I did not sleep in their house.
LUCY CROWDER . I am a widow, of 129, Stamford Street, Blackfriars—the prisoners lodged at my house in the name of Mr. and Mrs. Montgomery—he came on 5th November, and Vivian on 9th December—they lived as man and wife—Vivian left on 23rd January, and Montgomery on 4th February—she said she was going to 24th North Bank, Regent's Park.
Cross-examined by MR. GEOGHEGAN. During part of the time Montgomery was ill—I don't think what I provided for them amounted to more than 2s. a day—I generally got the things in for them.
ELIZABETH NICHOLLS . The prisoners came to lodge at my house, 2l., Regent Square, on 5th February—they occupied a sitting-room and two bed-rooms—they paid 26s. a week, and afterwards they had a better bedroom, and paid 1l. 11s. 6d. a week—I knew him as Montgomery, and her as Ethel Vivian—he told me he was a great friend of her father's, a Magistrate in Ireland, and that he was taking care of her.
Cross-examined by MR. GEOGHEGAN. They were with me three weeks—Vivian had a good deal of wearing apparel.
JOHN KREUTZMAN . I am chief clerk in the inquiry department of the Charity Organisation Society—towards the end of December last my attention was called to an advertisement in the Times beginning "Dear H.," and on 4th January to another in the Times, Telegraph, and Standard—I communicated with the editors of those papers, and in consequence of what I learnt from them I prepared the counter-advertisement which has been produced, and in response to that I received a number of communications—Vivian afterwards called at the office, and saw Mr. Locke, the secretary.
Cross-examined by MR. SIMS. The first communication I received was from Mr. Gould, of the firm of Gould and Brown, advertising agents—no steps had been taken in the matter then, but steps were taken in consequence—I have not seen Gould and Brown here—they are proceeding in another case—I did not see them called as witnesses at the police-court—I saw Brown on one occasion, and Gould perhaps once or twice.
CHARLES STUART LOCKE . I am secretary to the council of the Charity Organisation Society—after our advertisement appeared I received a letter from Vivian, and she called the same day, and asked me why the advertisement had been inserted—I told her we wanted to find out about it.
Cross-examined by MR. GEOGHEGAN. There are many letters addressed there.
ROSINA BUMAN . I live with my father, a lamp repairer, at 43, York Street, Dublin—Vivian is my sister—the letter addressed to the Charity Organisation Society is in her writing—she has been away nine months.
GUILTY . The JURY recommended Vivian to mercy.
MONTGOMERY*— Five Years' Penal Servitude.
VIVIAN.*— Twelve Months' Imprisonment.
MESSRS. MR. WILLIAMS and MEAD Prosecuted; and MR. W. SLEIGH
JOHN HULSE . I am manager of the printing-office of William Dougharty, of Great Prescott Street, trading as Dougharty and Co., who have for many years done business for Brown, Gould, and Co., of Oxford Street—at the end of July the defendant called on me with this Mss. which he wished printed, and specimens of circulars we had printed for Brown and Co.—I do not recollect the conversation—afterwards he called again with this quarto circular MSS. and cancelled the other circular in my presence—he said he
would have 1,000 circulars printed—I asked him if Mr. Gould was to pay for them—he said "No"—I asked him if he had recommended him—he said "Yes," or led me to suppose so—I then took the order, printed them, and sent them to him at Sew Bridge Street—we do not give credit to strangers—I did not ask him for a deposit—we generally ask for one-third—we printed the circulars believing he was recommended by Brown, Gould, and Co.
Cross-examined. I heard Mr. Gunnell's evidence at the police-court—I am sure the defendant said he was recommended by Brown, Gould, and Co.—I said at the police-court in reference to the first interview, "I think he said he was recommended by Brown, Gould, and Co."—at the first interview he produced some printed circulars and said, "Were these executed by your firm?"—on the first order for the small circular we only sent a proof—I suppose I am responsible for the orders given, not Gunnell—I should enter the order in the book, and Gunnell would take it from there—I believe I gave the defendant an estimate for work—I said at the police-court, "He (lid not say anything; he answered my questions"—that was the second interview—I believe a letter was sent to the defendant asking for the 1l. 13s., but that is the clerk's department—I never sent any one for it—I went with Mr. Abraham Gould and Gunnell to Messrs. Dod and Longstaffe respecting this matter, and gave my evidence—I do not know that an action was commenced by the defendant against Messrs. Gould and Co.; before these proceedings I heard it in the police-court—I believe Mr. Abraham Gould is paying for this prosecution—Gould's people, I believe, asked me what evidence I could give—it is the custom with printers to send a collector for the money as well as the invoice by post—Messrs. Dod and Longstaffe relinquished this matter in favour of Messrs. Wontner.
Re-examined. I looked at the circulars the defendants brought sufficiently to see that they were Brown and Gould's.
WALTER GUNNELL . I am book-keeper and cashier to Dougharty and Co.—the defendant came there in July and had a conversation with Hulse in my presence—he was asked whether he was recommended by Brown, Gould, and Co., and said he was—he then ordered some circulars to be lithographed—he said he should want a great quantity of work done and would give us it—the circulars were sent to him in due course, and the account for 1l. 13s. about a month or six weeks after the order—it has not been paid.
Cross-examined. I was not present at the first interview—on the second occasion I fetched our foreman—he asked the defendant if he was recommended by Brown, Gould, and Co., and he said he was—I am not the prosecutor—I laid the information at the police-court—I believe Mr. Gould is prosecuting the case and paying for it—it is our custom in some instances to send collectors for accounts; others we never trouble about—I never sent a collector to the defendant for this account—I have never asked him for the money—he was not asked whether he knew Brown, Gould, and Co.—we should not print a proof for a new customer without a deposit—in this case it would have been 10s. or 12s.
NOT GUILTY .
MR. RAVEN Prosecuted; MR. FRITH Defended.
Green Street on the 28th March, at 7.45 p.m.—I had my purse in my hand and the locket that I have now round my neck—(he prisoner came behind me and caught hold of my locket, which fell down my dress—he then made a snatch at my purse—I held it as long as I could because I had a ring in it, and then he struck me on the forehead and chest—I let go, and he ran away with it—there was a lamp near, and my head went against the post when he struck me—two young ladies were near, and a policeman came up—I afterwards picked out the prisoner from others—there was 9s. 6d. in my purse.
Cross-examined. I picked out a wrong man at first who made a grimace at me.
CAROLINE ROBSON . I am the wife of Joseph Robson, of 6, Army Road, Westbourne Grove—I was in Green Street with a friend, and saw the prisoner and prosecutrix struggling by a lamp-post—he struck her over the head and chest, took her purse, and ran away—she called out "Stop thief! he has got my purse"—he joined two other men—I ran after them, and one of them turned round and struck me on the forehead, and used a bad word—it knocked me backwards.
Cross-examined. I could see the prisoner's face—I have not made a mistake; I should know the man that struck me too.
Cross-examined. I was taken to the station at 2 next morning—there were a good many men and boys there—I recognised the prisoner.
EMILY MOYES . I am the wife of Alfred Moyes, of 12, Richmond Road—I was at the corner of Green Street with Caroline Robson and I saw the prisoner knock the prosecutrix down by the lamp-post—she called out "Stop thief!"—I went and assisted her up, and the prisoner ran away—I was taken to the station between 9 and 10 next morning, an I saw the prisoner with some others—the prosecutrix picked him out.
EDWARD HEWITT (Policeman C 60). I received information and took the prosecutrix and the three last witnesses to the police-station—I took the prisoner at the Porcupine public-house, Great Newport Street, at about 11.45—I said I should take him on suspicion of robbing lady in Green Street—he said "I know nothing about it; I shall go quiet"—he said at the station, "I didn't do it, but I know who did."
Cross-examined. The witnesses did not see me take him to the station—he was placed with two or three drunken cabmen and two or three persons out of the street for identification.
GUILTY .— Eighteen Months' Imprisonment.
FOURTH COURT.—Thursday, May 1st, 1879.
Before Mr. Common Serjeant.
MESSRS. A. B. KELLY and PURCELL Prosecuted; and MESSRS. MONTAGU WILLIAMS and THORNS COLE Defended.
County Court, I was present on the 23rd July last, and remember an action there Stevens v. Reynolds; I swore Mr. Reynolds the defendant—I produce a certified copy of the proceedings—this is the original note-book of the Deputy-Judge—I heard Mr. Reynolds give his evidence, but there were so many cases, I do not recollect what it was about—I produce the original summons and a certificate of the judgment in Stevens v. Reynolds—I was present at the hearing of a suit tried before Mr. Dasent of Reynolds v. Stevens, which resulted in a verdict for the plaintiff—I cannot tell the date—it was some months before Stevens v. Reynolds—I do not recollect the amount Mr. Reynolds recovered—I have not got the proceedings—I cannot remember whether Mr. Stevens set up any set-off upon that occasion.
Re-examined. The defendant was represented by solicitor and counsel at the police-court—I received no notice to produce those proceedings.
WILLIAM TINDAL BURNARD . On the 23rd of July I sat as deputy-judge for Mr. Dasent, at the Shoreditch County Court, when the case of Stevens v. Reynolds came before me—this is the note I took on that occasion. (Reads: "Plaintiff lent defendant 7l. and subsequently cheque for 12l., and defendant distrained upon him for rent of stables. Mr. Boulton proved levy of distress and sale thereunder; cheques dishonoured, publican refused to change them without plaintiff's endorsement. Defendant Reynolds in evidence stated that he was in plaintiff's service as companion and had not been paid for his services—frequently changed cheques for plaintiff at Rawling's public-house, and had endorsed five or six; borrowed 7l. and gave plaintiff an I O U, borrowed another 7l. and gave him credit for it, 14l. set-off; let plaintiff stable at 6s. a week, forty weeks 12l., two weeks 12s.; and plaintiff on being asked for the rent did not say defendant owed him money, and he (defendant) gave plaintiff 12l. for the cheque—notice to quit from plaintiff to defendant put in—did not ask plaintiff to lend him the cheque, but cashed it with Rawlings and gave plaintiff the money. Judgment for plaintiff 19l., and defendant's set-off disallowed."
JAMES O'CONNELL . I am a reporter, and live at 8, Oxford Terrace, Islington—I attend the Shoreditch County Court, and was there on 23rd July, and heard Reynolds give his evidence in the action of Stevens v. Reynolds—I heard reference to a cheque for 12l.—I took notes in shorthand and supplied a transcript to my newspaper, but have not kept the notes—Mr. Reynolds stated in reply to the solicitor, Mr. Abbot, that he got the cheque from Mr. Stevens to get it cashed, and presented it at the Birdcage, but Mr. Rawlings declined to cash it without he endorsed it, and he then endorsed it—I saw the cheque passed from Mr. Abbot to the defendant—he also stated that he (Reynolds) was to give the money back to Mr. Stevens, who was in want of money at the time—I believe he said that he gave the proceeds of the cheque to Mr. Stevens.
Cross-examined. I attend that Court regularly to take notes of important cases—I am now speaking from memory and give the substance of what was said—he first said he gave the cheque to Mr. Rawlings, and upon being pressed he said he must have given it to Mrs. Rawlings.
WILLIAM RAWLINGS . I am landlord of the Birdcage public-house, Stamford Hill, and know both the prosecutor and the prisoner—I was present in the county-court, Shoreditch, and gave evidence On July 23rd in this case—this cheque, the subject of the inquiry, was handed to me; it is a cheque on
the London and Westminster Bank February 11th, 1878: "Pay Joseph Reynolds; Esq or bearer" (altered to "order") "12l. G. W. Stevens," endorsed "J. Reynolds." I heard him swear that I cashed that cheque for him—I never did so—I heard him on the same occasion swear to a conversation that occurred between me and himself relative to the cashing of that cheque—no such conversation ever took place—I heard him swear that in that conversation I had refused to change that cheque unless he put his name upon the back—I never said that or anything like it—he never at any time presented that cheque to me to be cashed—I observe upon it the stamp of the London and Provincial Bank, through which it was passed—I bank at the London and County Bank, and have no account at the London and Provincial Bank, and never had—I never passed that cheque into that bank—I never saw it until produced at the police-court—Mrs. Rawlings is dead; she used to assist me in my business—I never received that cheque from her—it was never paid to me, and I never had it in my possession—all he said about the conversation and this cheque was false from beginning to end.
Cross-examined. I cash cheques for Mr. Stevens—the prisoner has brought me one or two cheques for him—as a rule I pay all cheques into the bank—he has brought one or two to Mr. Stevens's order, which I have cashed personally; they were endorsed—I have cashed (several for Mr. Stevens, and one or two very small ones for Mr. Reynolds—I never pay the cheques away to my customers, but will not swear I have not done so—I may have cashed 100 cheques for Stevens—my daughter assists me in the business.
Re-examined. It is not the custom to pay cheques to private gentlemen or customers instead of to the bank.
GEORGE WILDBORE STEVENS . I am the prosecutor in this case, and live at Sydney Place, Stamford Hill—I know the prisoner very well, and He was in my house for seven weeks—I rented a stable from him, and paid him rent and advanced him sums of money on loans—on February 11th, 1878, he wanted to borrow 12l., and I drew this cheque (produced) and handed it to him as a loan—this (produced) is the counterfoil in my cheque-book: "11th February, 1878. Joseph Reynolds, 12l." He did not afterwards bring me the proceeds, or any part of the proceeds of the cheque—it ii entirely untrue to say that the cheque was given to him to change for me—I have frequently changed cheques at Mr. Rawlings's for my own use, drawn to "self," but have never drawn such cheques in Reynolds's name—I put the prisoner out of my house about the end of March—he never, previously the action in the county-court, alleged to me that the 12l. cheque had been given to him to change for me—the first time I heard the story was, I think, in Court, when he commenced proceedings at the county-court—I was present when he gave his evidence, and heard him swear that I gave him the cheque to change for me—he said Mr. Rawlings changed it for him, and had a conversation with him.
Cross-examined. He first brought an action in the county-court against me for 15l. for 17 weeks at 10s. per week—I was at that time aware I had advanced him the 12l. on February 11th—he subsequently brought ah action in the county-court for wages, which he was not entitled to—the Judge gave him judgment for 12l.—I did not then claim the 12l. as, a set-off—I was represented by a solicitor, Mr. Abbot, then and throughout the whole proceedings—the, prisoner, has been a builder, and owns house-property; some few houses, in East Ham, and some few at Stamford Hill—it was at my request he came
to live with me as a visitor, as he had nothing to do—his mother was in my service as housekeeper—I had no one before living with me as a visitor—I have had a servant-man—Mr. Worman, my friend, succeeded the prisoner, and has resided with me since; he came when the prisoner was turned out—he is a gentleman; he has no business—I have never lent him money—he has done things for me, but I have never paid him for it—he has had money from me for different things from time to time—he is a kind of companion—no one was present when the prisoner asked for the 12l. advance—he might have cashed cheques before at Rawlings's, but I do not think so—I change a good many cheques there—the prisoner was the first gentleman visitor who remained any length of time, and then Worman came—I did not engage to give him so much a week—when he began to behave badly he used to get in passions along the streets, and say, "I am not going to be a gentleman's servant; I won't stand it, I'll turn it up," and I used to say to him, "Who ever supposed you were a gentleman's servant? You are a visitor, are you not?"—he used at last to kick up all sorts of rows and say it was the gout—it was his general drinking gave him the gout, not what he had of me—I said at the police-court, "I have given the prisoner several cheques, some few for stable rent"—I have lent him several sums, chiefly by cheque, and then it was eaten up by the stable rent—he came as a visitor, and charged as a servant—he left my house about the commencement of March last year—Worman came to see him, turned out because he was violent, and would not go—he stayed at my request—I was afraid of the prisoner—he said, "I have been clean off my chump three or four times with the gout"—I had a loaded revolver in my pocket at the police-court—I have not got it now—the solicitor or the Magistrate did not tell me to leave it at home—I told Mr. Watts that I put it in my pocket because his client was out—Mr. Worman told me that the prisoner said he would rip his (Worman's) bowels out—it is not my custom to carry loaded revolvers—my father was a wonderful shot, and I am the same, and I take an interest in firearms—my revolver is always either in my pocket or under lock and key—I am the inventor of one revolver, and have had a gunsmith's shop—it was loaded in the police-court in all five chambars—I do not often carry one—I have had two in my pocket sometimes, and have been to the gunsmith's, where there is a great number of them—I had only one at the county-court—the Judge said, "I think you had better hand it to the inspector"—I was in Court a portion of the time when the case brought against me by the prisoner was tried, and I suppose I was sworn—I do not think I had one revolver then; I am certain I did not have two—I am not sure I did not have one—revolvers were spoken of because the prisoner announced his intention of getting me in a lunatic asylum—I do not think I had a revolver on the second occasion, but I will not swear—I cannot remember—I paid the prisoner 8s. a week for the stable, but for some reason towards the end he reduced it to 6s.
Re-examined. I instructed Mr. Abbot just before the first hearing—that was the first time I was in a County Court—I did not on that occasion set off the 19l. loan, but it was said it would be done—Mr. Abbot must have mentioned it in Court—I was not there at the beginning—I believe the loan was mentioned at the trial—I do not believe the prisoner ever got change for me—if it were to be cashed for myself I should always write "Self"—I have been an inventor of a revolver, and I go to a place to practise pistol-shooting—I take an interest in firearms—the action at the
county-court was adjourned because I was very ill—there were two adjournments I think.
By the JURY. My cheque-books are to order—I have once or twice had them brought to me to bearer, and I have gone through them and crossed out "Bearer" and put in "Order"—this word "Order" is in my handwriting, and this is my signature.
JAMBS DENTON BOAZ . I am an auctioneer at Shacklewell Lane, West Hackney, and know the prisoner—I have had but two transactions with him—I remember a conversation with him, when Mr. Worman was present, as to 12l.—Worman asked him whether the loan was not for the purpose of clearing off his Building Society book when in arrears—I do not recollect the prisoner's reply—I believe I understood him to say he wished Mr. Worman to go through his book to see how much he was in arrears—they had charged him more than he really was in arrears—he borrowed 12l. from Mr. Stevens, the prisoner said, and by cheque—nothing more was said then on the subject, or of the state of feeling between Reynolds and the prosecutor—I saw Reynolds afterwards repeatedly—the 12l. was talked over every time we met at the Court—there were three adjournments—Reynolds was present—he said, during the adjournment, he did not believe that Mr. Stevens would come forward to prove his debt—I do not remember any reason being given.
Cross-examined. I did not give evidence before the Magistrate, and have not been called till to-day—I do not know that I mentioned the conversation to any one; the next time I saw Mr. Worman we were talking about it—I mentioned it the following day to Mr. Stevens, and he was aware of it when the case was heard at the police-court—I was not at the police-court, and was not asked to go there—I was asked to come here about Thursday or Friday last, and the evidence what I knew of the matter was taken down in my office by Mr. Abbot's clerk—I remember perfectly well the prisoner saying the 12l. was a loan paid by cheque—this was at the county court during the adjournment when he was making his claim against Mr. Stevens—Worman was there and heard it.
ROBERT WORMAN . I am independent—I am staying as a visitor with my friend, Mr. Stevens, whom I have known fourteen years—I know Mr. Boaz, the auctioneer, and was present at a conversation which took place between him, myself, and the prisoner, and one or two others at the county-court before the action was tried—I said, "Reynolds you owe this money to Mr. Stevens, and what have you to say to it?" and he replied, "He will never come to prove his debt; you will never see him here"—he seemed very cantankerous against Mr. Stevens, and I asked him to abandon all that feeling—I said, "You have been friends, and he has been very kind to you"—he replied, "I will persecute him; one of these days he will serve" you as he has served me"—on a subsequent occasion I reminded him I had gone through his building society account; he was in a fog about it, being an ignorant man, and I told him I had totalled everything for him, and that as Mr. Stevens had lent him the money to pay back the arrears it was very unhandsome not to pay Mr. Stevens—that was the money, the subject of the county-court action, 23rd July, for 19l.—after the hearing of Reynolds v. Stevens I met him in the train, and he asked me to write him a letter as to my evidence in the county-court, which he might show to his lawyer, as he was under a misapprehension about it—I wrote the letter and sent it to him—this is a copy.
Cross-examined. I was present at the police-court, but was not called as a witness—my knowledge upon these transactions was the same then as now—I had not been told that it is necessary to have two witnesses to an assignment of perjury—I do know the fact—Constable Bone 395 N called my attention to it here several days ago—lie said, "There are so many witnesses, two are sufficient to convict a man for perjury"—I have nothing to do with this prosecution, and have not advised Mr. Stevens to prosecute—I have had some conversation with Mr. Abbot about the evidence—he did not say anything about two witnesses being necessary; he said Mr. Stevens's evidence would have to be corroborated—I do not know if I am the corroborator—that is all the conversation—I gave him a written statement of what I could prove a long time back, before the proceedings at the police-court—Mr. Boaz and myself have had some talk, but not as to the necessity of two witnesses—I expressed my surprise to him that these proceedings should have been necessary, considering that both he and I knew what Reynolds had told us—I thought that after Mr. Stevens's kindness Reynolds would not put him to the trouble of prosecuting him—I have been with the prosecutor as a visitor since the night the prisoner was turned out by the police—he was very violent—I have a residence of my own at 21, Park Villa—I have stayed twelve months with the prosecutor—he has paid me no money except travelling expenses when I have been out—I intend to leave him as soon as he has settled some, family affairs—the prisoner, when he told me that Stevens would not come to prove his debt, said, "If you will ask your friend to give me 40l., and forgive me the debt, I will be the best friend to him in life"—I knew that just now in the witness box, but I did not say it, solely because I had no desire to press against the prisoner.
CHARLES CANHAM (Policeman G 78). On the 27th March I took the prisoner in custody on a warrant, dated September 10th, 1878, for dissobedience of summons—I had been looking for him some time—I read the warrant to him—he said, "I know nothing about it. Will you come home with me?"—I said, "Yes, I will, but I shall not let you go indoors"—when we got to his house I called down Mrs. Reynolds, and the prisoner said, "Give him a sovereign"—I said, "No"—he said, "How much do you want?"—I said, "What for?"—he said, "You need not see me"—I said nothing, but put him in a cab—while in the cab he said, "You need not say anything about my offering you money. This is a very bad job and it will ruin me; I have had a consultation with a solicitor, and he tells me that they cannot give me much imprisonment, but it will cost me 100l. for counsels' fees."
By the JURY. The prisoner's statements were voluntary; I put no questions.
NOT GUILTY .
NEW COURT.—Friday, May 2nd, 1879.
Before Mr. Recorder.
494. THOMAS HENRY LEIGH TOLER (52) and WILLIAM JOHN GENTLE BARRETT (34) , Unlawfully obtaining 3l. 5s. and 5l. from Elizabeth Reynolds, 3l. 13s. 6d. from Samuel Teasdale, and other sums and articles from other persons. Other Counts for conspiracy.
MESSRS. BULWER and MEAD Prosecuted.
p.m., I went with Sergeant Smith to Barrett's residence in Kenfliston Road, Stoke Newington—Smith went to the front of the house and I got through some unfurnished buildings at the back; alter being there five minutes I saw Barrett come over several garden walls from his house, without a hat, and run along the top of another wall through an unfinished building and down a street; he fell into some lime which soiled his clothes—he was running—I overtook him and said, "You must consider yourself in custody, for I am a detective sergeant"—he said, "What for?"—I said, "Sergeant Smith has got the warrant and he is round at your house"—I took him to the front of his house and Smith read the warrant to him—he said, "Is not there any means of settling this by paying the money?"—we searched him in his house, and found a chain, a key, and 3d.; Smith found some papers in the house—we took him to the station.
WILLIAM HENRY WOODS . I am an accountant, of 111, Cheapside—Toler was my corresponding clerk for a year and ten months, at 30s. a week—he left me on 18th February, 1876, and I heard that he took offices in Bridge Street, but I was never there.
FREDERICK CHARLES BIRKS . I live at Finsbury Park—I went as a clerk to the office of this Association in New Bridge Street, Blackfriars, early in 1877—I did not exactly apply for the situation, but I went there with my uncle casually, and Toler asked me if I should like to go there, and engaged me—there were some of these prospectuses (produced) there—the rooms were elaborately furnished, and the furniture was all new—Mr. Brown was also employed there, and Mr. Birks my uncle, and Mr. Vosper, a solicitor—I did next to nothing all the timer I was there, all there was to be done was two printed lists used to come in twice a week, and they used to have to be cut up into a kind of index; there were three of us to do it, and it was only five minutes' work, it was a kind of compendium—one county-court judgment, I think, was served while I was there—Mr. Brown did nothing, to the best of my knowledge he was composing poetry all day—I never went to the London and Westminster Bank, Temple Bar branch, which is on the prospectus; Toler's name appeared as the manager, he lived at 3, Plowden Buildings Temple—Rowland Bryant, Esq., was general superintendent; I saw him once or twice at the office, but he was merely a canvasser to get subscriptions—I only know of one subscriber, and that was the wine merchant underneath—I believe the county-court judgment was taken out for him—I never saw the district inspector, Thomas Henry, Esq., or the accountant, D. H. Leigh Toler—I know that there was a Mr. Styles at Plowden Buildings, but he never saw him at Bridge Street—I never saw Mr. J. R. Little or C. H Bateman, Esq., the manager of the City Warehouses Department, or T. W. Bryant, Esq., the secretary—Toler came it 9 a.m., and he was in and out the greater part of the day—he had a private desk of his own; I never knew whether he was doing anything or not—I never saw Barrett.
Cross-examined by Toler. The prospectus I saw at New Bridge Street was generally looking like this, but I do not know whether "London and Westminster Bank, Temple Bar branch, was on it"—you never gave me any duties to perform, but I got my money—t did not give information to Detective Smith, and don't know how he found me out—Sergeant Leverett found me. out—I was not very punctual, but once I was there at 7.30 a.m., and you were there—I amused myself in your absence, and I threw an ink-bottle
and its contents at your principal clerk Mr. Brown—I am not aware that I should have been discharged but for my uncle.
JAMES STEAVAN . I live at 18, Chester Place, Belgravia Square, and am the medical attendant of Sir Richard King, who is 75 years old—I saw him this morning, he is suffering from an acute attack of bronchitis, and is unable to attend here without risk to his life.
(The deposition of Richard Duckworth King was here read as follows:—"I am a Baronet. I reside at No. 2, Chesterfield Street, Mayfair. I have known the prisoner Toler three years; he was then secretary to a Miss Bruce. The prisoner Toler owes me about 800l. or 900l. for money I have advanced to him. It is about two years since I advanced him money; I met him, and so I lent him the money; he has not paid me any money back; he sent me a Roman Bond for 100l. nominal value. The last loan, 220l., I made to him was on the 27th January, 1879; upon that occasion he gave me this cheque for 220l. marked T., and he gave me the undertaking produced marked U. I received the letter produced marked V from the prisoner, dated 1st February, 1879. I wrote him the letter produced marked W, dated 1st of February, 1879. I never presented the cheque T.")
JAMES BIRKS . I am the uncle of T. C. Birks, and was in 1877 in the employ of the British Association for the Facility of Commerce, as manager of the registration department—my duties were compiling the register and making an index—that would have taken mo about two days a week to do it myself, but I had assistance—I had to spin the time out—on an average I was not employed two hours a day—my nephew and Brown assisted me—there was a little work done, but no business—no one called unless it was Mr. Serjeant, the wine merchant underneath—I saw no accountant there—I know nothing of D. H. Lee Toler, who was represented as the accountant, or of Captain Little, or Charles Henry Barker—I saw William Roland Bryant once; he he came into the office intoxicated—I do not know T. W. Bryant—I was there about four months.
Cross-examined by Toler. I asked you several times about the names which were down, but you never would tell me anything about them, which used to irritate me—my name is stuck on the list—the bankers on this prospectus are the City Bank, Ludgate Hill, and they are your bankers—I cannot say which of these two prospectuses I saw at the office—my last month's salary is still due to me—I signed this receipt for 3s. under pressure, and then you gave me 1l. as a gratuity, and told mo that if I had not signed this I should not have got anything.
HENRY BROWN . I live at 104, Lansdown Road, Dalston—I first knew Toler five years ago, we met accidentally and got into conversation—I went into his employ in March, 1877, at the British Association for the Facility of Commerce—I scarcely know in what capacity I went, but my name was put down as Registrar at his suggestion—I remained till the January following—I had a nominal salary at first till business commenced—first of all there was no work, but when this list, the Weekly Gazette, came out, it had to be cut into pieces—the business consisted of scissors and paste, and then had to be sorted out and put into drawers alphabetically, and that took so much time that I got behindhand—I had other little things to do, going here and there for him and to the bank—there were two or three subscribers, Mr. Serjeant was one; 10l. 10s. was the amount he was to pay—inquiries were made for him and a process was served by young
Birks, which he did not do properly, and the man got scot-free—there is one prospectus with my name on it, I was substituted for Styles who formerly appeared in the list as Registrar—I know now who he was—I saw two cheque books handsomely got up; some business was done for Lever and Breeze of Houndsditch, which was going on when I left—I left because there was not much to do, and I expected to get a better situation—there was no outside business—if one of the witnesses has said that I employed a portion of my time in writing poetry, that is flippant talk; nothing was written to do him any harm—I wrote verse occasionally, I won't say poetry.
Cross-examined by Toler. I was the first gentleman engaged—when Mr. Birks came he was set to do the new index, involving considerable time and labour—it could not be done properly by three persons in two days—young Birks would not work, and I reported him to you—I told you I should not retain him but for his uncle—you were very kind to Mr. Pugh, giving him the use of your office for two or three months—Mr. Vosper was to have been a partner of yours, but was taken out of your office to Holloway Prison after being there five or six months and never paying you one penny—you were very kind to him—he had a lot of money, no doubt, because I saw the cheques drawn—I bought the ledger, account, and day book at Horton's in Paternoster Row.
Re-examined. Vosper was the solicitor to the Association—he went to prison for debt, nothing to do with Toler's affairs.
JOHN MACKINTOSH . I live at Leytonstone, and am one of the cashiers at the London and Westminster Bank, Lothbury—the British Association for the Facility of Commerce had no account there in 1877, but the prisoner Toler opened an account there on 29th May, 1878, with 100l.; on 29th June his balance was 9s. 5d., and on 31st December 17s. 2d.,—8s. 2d. is standing to his credit now, another 100l. was afterwards paid in, and 12l., and on 27th Jan., 1879, 210l., four credits altogether—40 cheques amounting to 384l. 4s. have been dishonoured on account of there not being sufficient assets.
Cross-examined by Toler. It is the practice to open accounts in the names of associations, and the trustees sign—you may have described yourself as manager of the Association—one of my fellow-cashiers once overpaid you 20l.—you took notice of it, and it was instantly rectified—Mr. Lee is at the bank now—your account was opened in your own name at 3, Plowden Buildings.
Cross-examined by Barrett. Three cheques for 1l. each were returned about Jan. 25, not I think two for 30s.—I can find no cheque for 30s.
Re-examined I know nothing of the British Association for the Facility of Commerce—we have no such account in our ledger—Toler's account was a private one.
FRANK MARTIN . I am confidential clerk in the Royal Bank of Scotland, 123, Bishopsgate Street—Toler opened an account there on 28th May, 1878, with 100l.—it was closed on 20th September, 1878, when 11s. balance was left—about 12 cheques amounting to about 100l. were presented and dishonoured, there not being sufficient assets—the British Association for the Facility of Commerce had no account there.
Cross-examined by Toler. The account was opened in your name.
with 100l.—he never paid in any more—the account was closed in the middle of May, leaving 8s.4d. balance—from 12 to 20 cheques were presented which were dishonoured, there not being sufficient assets—they were for from 2l. or 3l. to 10l. each.
ARTHUR STYLES . I am clerk to Mr. Milvane, barrister of Plowden Buildings—the prisoner Toler, who had part of his chambers, said that he would put my name in his prospectus as Registrar if I liked—I did not give it a serious thought, but consented—he was not to give me anything for it—my age was then 19—he did not say what I was to do—I have copied letters for him, and have taken messages from the chambers to Bridge Street; but I did nothing for the British Association for the Facility of Commerce—he owes Mr. Milvane for the rent—I have seen these cheques in Toler's room in Plowden Buildings.
Cross-examined by Toler. Your offices were not opened for some time afterwards—I know 500 prospectuses were printed and came to Plowden Buildings—no arrangement was made as to my having a position if you succeeded—this is a receipt for my salary (produced).
Re-examined. He did not tell me what his business was when he came to Mr. Milvane's chambers—he paid part of the expenses—what he gave me was merely supplementary to what Mr. Milvane gave me.
WILLIAM SMITH (City Detective). On 4th March I received warrants against the prisoners from the Mansion House, and attempted to arrest them at places which they frequented—I sent to the office in New Bridge Street, and they were denied; I went there on 8th March, and Mrs. Toler said that he was not there; I watched outside till 3.45 p.m., when I saw him come out of the office; I followed him into Queen Victoria Street and called him by name; he turned round; I said, "l am a police officer and have a warrant for your arrest; I will not read it here; you are charged with conspiring with a man named Barrett"—he said, "I never conspired, Barrett is a villain, and I was about putting an advertisement in the Times in reference to him; his brother told me he had gone to America, is it about that 25l. in Leadenhall Street?"—I said, "No, it is not"—I read the warrant to him at the station, and when Martin's name was mentioned he said that Barrett had the money, and he was innocent and would prove it—I found on him a pocket-book and a number of cheques and forms of the British Association for the Facility of Commerce, some of which have Barrett's name filled in in the body of them—I produce a number of two different forms of prospectus one found at Plowden Buildings has the names of all those persons as officers, and gives the London and Westminster Bank as the bankers; the other, found in Toler's pocket, gives the S. W. Bank, Lothbury, and the Royal. Bank of Scotland; Leigh Toler, Esq., as general manager, and Walmsley and Co. as solicitors—here is a third form stating, "Advice and aid to tradesmen who need money. The managers possess the means of giving the soundest advice as to the investment of money, and guarding subscribers against questionable undertakings w—I searched the office 30 and 3l., New Bridge Street, but found no books relating to the business, but the counterfoils of a cheque-book—the two offices were very nicely furnished—on March 9th I went to 91, Kenniston Street, Stoke Newington; I was told that Barrett was not there, but searched the house for him, and shortly afterwards Outram, who had gone round to the back, brought him to me.
Cross-examined by Toler. I have called on Vosper in consequence of a
letter I received from him two or three days after your arrest, asking me to call on him as he could give me some information about you—all the documents found are here—your wife said that she had no place to go to, and I said, "I will advance you 5s. till Monday"—I have not got it back, but I should not have mentioned it if it had not been for your cross-examination—your wife said in your presence at the station that there were no books, and you said, "No there are not"
Cross-examined by Barrett. I found at your address this cheque on the British Association for 5l.—I can't say whether it has been honoured.
GEORGE FRISBY . I am clerk to the secretary of the Stock Exchange—Barrett was formerly a member, he was a stock-jobber I believe, but we keep no register—he left as a defaulter on 19th February, 1874, and he has applied to be re-admitted and has been refused.
Cross-examined by Barrett. I cannot say what dividend you paid.
HENRY DAVY . I am a builder, of 39, Bridge Terrace, Harrow Road—on 24th May, 1878, a servant brought me this cheque for 20l. from a customer, and asked me to change it—I gave cash for it, paid it into my bankers, and it was returned dishonoured and marked, "Not a penny will ever be paid by Mr. Toler; the cheque was obtained from Mr. Toler for a specific purpose, and not applied as directed n—that was not on it when I cashed it (Read: "Any Tuesday or Friday after the date hereof, pay to the order of Thomas Henry Duncombe, Esq., 20l. value received 30 and 3l., New Bridge Street, Blackfriars, British Association for the Facility of Commerce. T. H. L. Toler.") When it came back dishonoured I called on Toler twice, but did not see him—I suppose my bankers forwarded it to him, and he wrote this across it—I have never got any money for it—I called at the Association two or three times, and saw a girl, But no clerk; that was about a month after the 24th May.
Cross-examined by Toler. I do not know that Mr. Duncombe is the son of the late M.P. for Finsbury—I have seen Mr. Duncombe since this notice was put on the cheque; and he said that it was a swindle—I did not ask him whether he gave any money for it—I allowed nearly a month to elapse without communicating with you—I did not write to you, but I called twice, and afterwards gave it up as a bad job—I cannot say whether you got the money.
Toler. I happened to be in the office when this cheque was presented, and I wrote that across it; I am happy to tell you so.
FREDERICK WALTER . I am a bootmaker, of 327, King's Road, Chelsea—on 14th August Mr. Stillworth brought me this cheque on the British Association for 7l. 10s. 6d. drawn by F. Stillworth—it was returned to me with the instruction, "Refer to drawer"—I went to the address in Bridge Street which appears on it, saw Toler, produced the cheque, and asked why it was not paid, and if it would be paid if it was presented again—he said "It will be useless presenting it, because I have no funds of Mr. Stillworth's here"—I said, "How came you to issue this piece of paper to people who have no funds at your Association It looks upon the face of it to be a swindle"—he said Mr. Stillworth had no right to issue that—I said, "Then he had no right to have the papers, and I shall take further steps about it"—I think I called them swindlers, or something to that effect—I afterwards received a letter from Toler; he called with another person, and I made an appointment to meet him at Mr. O'Brien's office, when he promised me the 1l. 10s.
which I gave for the cheque—I waited from 10 to 1.30 and he never came—I never got it.
Cross-examined by Toler. I paid it away because it could only be presented at your office twice a week, but it was presented on the Friday that it ought to be presented—I have no banking account—I told you that I was sorry I had written to the landlord, and that Stillworth had got into the house. (The RECORDER informed the prisoner that he was getting out evidence which told against himself.)
WILLIAM WARD . I am a meat salesman, of 442, Camden Road—my late clerk's son brought me the cheque for 5l. on the British Association, T. H. E. S. Toler general manager, payable to E. Parker, Esq., and dated 1st October, 1878, to change for his mother, whose name is Heslop—I did not like the look of it, but he said "You know me very well"—I said "Yes"—I paid it to my bankers, and it was returned dishonoured—I went to the office of the Association over twenty times for three months, and saw Toler many times—he promised me the money, and pretended that he would get it from the party it was made payable to, but I never got it—anybody having the least eye to business might see that there was no business going on.
Cross-examined by Toler. I expected to find men of business there, and to find the master when he was asked for—I did not give you the 5l. to collect for you—what you did was in Heslop's name—I refused to go and drink with you—I would not be seen with you—I never instructed you to take proceedings in the Lord Mayor's Court—you told me that you had seen Captain Parker eight or nine' times—here are two letters which you wrote to Heslop (produced).
WILLIAM HENRY MORAN . I am cashier of the Coal Co-operative Society, 115, Chancery Lane—on 28th October I received this order for coals from Toler, half a ton to be sent to 3, Plowden Buildings, and the rest to 30, New Bridge Street—they were delivered, and on 4th January Mrs. Toler brought me a cheque for 3l. 10s., drawn by T. H. Lee Toler, and payable any Tuesday or Friday after date—I gave her 1l. 12s. 6d. change—I afterwards went to the office in New Bridge Street, and saw Mrs. Toler and Barrett—I did not speak to Barret—we have not been paid—we have lost the coals' and 1l. 12s. 6d.
Cross-examined by Toler. We had had other orders from you and were paid—the receipt for 3l. 10s. (Produced by Toler) was a payment into the London and County Bank in April, 1879, which ought to have been paid long before.
Cross-examined by Barrett. You were waiting at Toler's office like me with your hat on, you were not inside the office.
ELIZABETH REYNOLDS . I manage Mrs. Mabley's refreshment-room at the Stock Exchange—I knew Barrett when he was a member—on 10th December he came to me and produced this order for 3l. 5s.—I said, "I have never seen such a cheque before"—he said, "It is quite right, you know me very well?"—I said, "Yes," and gave him the money for it; it was paid in to my account at the London Joint Stock Bank—he called a few days afterwards to know whether it had passed through the bank, and I said, "Yes," because I had heard no more about it—he called again and gave me 3l., 5s. in cash, in case it should not be presented on the right day—he called again a day or two afterwards; I said that I had head
no more about it, and had rather give the money back to him, as I did not want to have it twice over—he brought Toler with him once and said, "This gentleman is manager of the bank, and through it being presented on the wrong day he will lose his situation—I cannot tell whether I returned him the money that day or the day previously—the cheque had not been returned to me. then", but it afterwards came back dishonoured—after the 3l. 5s. cheque I cashed one for him for 5l., made payable to the order of William Barrett; I paid it in and it was returned, not being endorsed—on the same day the 3l. 5s. cheque came task, and I sent for Barrett and told him that the last cheque wanted his signature and the former one had been returned—he said, "There must be some mistake, I will give you the 3l. 5s.," and he brought it next day—I have not got the 5l. back—I wrote to him but received no reply.
Cross-examined by Toler. The cheque was paid in before 10 o'clock next day, the 14th—it went from me to my employers.
Cross-examined by Barrett. When you came back you endorsed the 5l. cheque—you really were anxious that I should be paid.
FREDERICK COLE . I am a grocer, of 19, Sidmouth Street, Gray's Inn Road; on 13th December I received this cheque (produced) drawn by Toler on the British Association—I paid 3l. 10s. for it—I gave it to my cheesemonger, Mr. West, who paid it into the bank, and it was returned dishonoured—a week after the first examination the 3l. 10s. was sent to me from Batchelor, who cashed the cheque, not from Toler—I said that I thought I ought not to receive it, as the case was pending, but I gave a receipt for it.
Cross-examined by Toler. Mr. Myers, my solicitor, told me that somebody came and tendered him the. 3l. 10s., which he refused to take, and another cheque also found its way to Mr. Myers.
WILLIAM HENRY MARTIN . I am a waiter at the Stock Exchange, and knew Barrett when he was a member—about February 5th, at 10 a.m., he brought me this order for 10l. (dated February 5th), and asked me to get it changed for him; I took it into Mr. Slaughter's office, where one of the clerks gave me 10 sovereigns for it, which I gave to Barrett, who insisted on giving me 10s. for my trouble—the cheque was returned dishonoured—I. went once to the office in New Bridge Street and asked for Toler, but could not see him; I saw a lady and a young lady—I also went to Barrett's office in Eldon Street, Finsbury, but did not succeed in seeing him—I have had to pay Mr. Slaughter the money—I have received two post-cards from Barrett but no money.
Cross-examined by Toler. Your good lady who is sitting there came to Capel Court on the Saturday to pay mo the 10l., but it was refused—I do not accuse you of having any of the money; I don't know you—I told her to go to Mr. Slaughter about it.
HENRY SAVILLE . I am a shirt and collar maker—on 10th December a man named Popham purchased 18 shirts from me and gave me this cheque among other money. (This was for 5l., drawn by Toler on the British Association.) On 15th February the two prisoners came, and Barrett bought a dozen shirts for 3l.—he gave me a cheque for 3l. on the British Association and they left-Barrett came again and bought eight more shirts and other goods amounting to 2l. 10s., and gave me this cheque for 6l. 10s. (This was on the British Association' in favour of Barrett, and signed by
Toler.) I gave him back the cheque for 3l. 10s. and paid the 6l. 10s. cheque to a tradesman; it was returned through the London and County Bank marked "Misappropriated, holder notice"—the goods, amounting to 3l. 10s., were returned to me and 3l. 3s. 2d. just previous to my putting the matter into the hands of the police.
Cross-examined by Toler. You were not present when Barrett gave me the 3l. cheque, but it is drawn and signed by you; you must have known the price of the shirts and given him the cheque—I have got back my shirts and my money, but I came here because I have been swindled—I have got a judgment against you in the Mayor's Court, but do not expect to get the money—you may have one of my shirts on now for what I know.
Cross-examined by Barrett. You gave me the 3l. cheque on Monday and asked me to hold it over till the following Friday—you found fault with me at the Mansion House because it was not presented on the following Friday; the party I paid it to paid it to the bank, and they knew too much to present it at the British Association—the 6l. 10s. is paid, and I have no claim upon you.
SAMUEL TEESDALE ROBINSON . I am an outfitter of 73, Leadenhall Street—on 25th February Barrett, who I knew some years ago, bought wearing apparel of me amounting to 3l., 13s. 6d., and gave me this cheque On the British Association, payable on Tuesdays and Fridays—I paid it in on the following Friday, and it was returned marked "W. B. obtained this by false pretences and has misappropriated the same, and payment is therefore stopped. T. H. L. Toler n—before it came back Barrett came again and bought goods amounting to 2l. 15s. 2d. and paid with a cheque for 20l. drawn by Toler—I gave him the goods and the difference—I presented the cheque and it was returned with a similar inscription to the other—I went to Barrett's office and found a padlock on the door; the landlord told me he believed he had absconded—I then went to Toler's, but only saw a lady—I took several actions against Toler, and had a writ out against him at the time he was arrested.
Cross-examined by Toler. I did not see you before the proceedings were taken, and did not know you—Barrett did not tell me that the draft was to be held over—it was mentioned in Court that you were wearing the very shirts which were got from me, but I did not see them.
Cross-examined by Barrett. I should have taken no criminal proceedings if the detectives had not come to me—I have come here on subpoena—I have taken civil proceedings against Toler.
GEORGE CARDWELL . I keep the Crooked Billet public-house, City—about 4th March Benton brought me a cheque on the British Association for 5l. 10s. in his favour, and signed by Toler—I gave him cash for it paid it into the bank, and it was returned dishonoured—I called afterwards at the office in Bridge Street, but never saw Toler.
Cross-examined by Toler. I knew Benton—he did not tell me that the cheque was to be held over till 10th March—I am not aware that he has abeconded.
CALEB THOMAS BOUSE , I am traveller to Brooks and Robinson, printers and lithographers—in June, 1877, we printed 500 cheques in two books for Toler, who gave the order himself—these cheques produced to-day are some of them, and these are the counterfoils—we were paid 10l. on account on
May 11, before we commenced, and 10l. more in September, leaving a balance of 5l. 1s., for which we have taken legal proceedings.
Toller called the following Witnesses.
ZACHEM JOEL HUNTER . I am a financier, of Pilgrim Street, Ludgate Hill—in the first week in March you applied to me to lend you 100l., but it could not be carried out, because you did not keep your appointment—Mr. Bedford introduced you—I do not know Benton.
ROBERT BEDFORD . I am a commission agent—I know Barrett, and know that he was once in affluent circumstances, and that he belonged to the Stock Exchange—I know of my own knowledge that he received certain cheques from Toler, about 7th or 8th December last—there was a security attached to it which failed, and then Barrett returned the cheques.
JONATHAN WEATHERALL . On 5th December I was waiting outside Mr. Bedford's door and met Toler, Barrett came up and asked Toler if he was Mr. Toler—he then represented to Toler in my hearing that he would get him certain cheques cashed, and held over till a certain time arrived, and even if he could not meet them then he would get them held over two days longer, and that his sister was going to do one for him—Toler said "I have got one in my case, but it is not filled up"—I said "The boy in the next office can lend you a pen"—he knocked at the door, and went in, and brought out the cheque, and handed it to Barrett, who looked at it, and saw that he had put November instead of December, and Toler took ft into the office again and altered it, and while he had gone Barrett said to me "What a fool the man is, you would think he had never filled up a cheque in his life"—Toler then gave him the cheque filled up, and going downstairs Toler said "Where am I to see you?"—he said "Meet me at 2 o'clock at Guildhall, and then I will bring another cheque"—Barrett had mentioned one for 50l., but I did not see it—I was not at Guildhall at 2 o'clock—Barrett made no representation that he could get the cheques held over.
By the COURT. I have never said that he did—that is all I know.
Cross-examined by MR. BULWER. I am nothing—I was with my father, a merchant, for five years—I had seen Toler five times before since the beginning of December—I amuse myself during the day by walking about—I go to my friends' offices and talk, and amuse people—this was a promiscuous meeting in the City—I was going up the stairs in Basinghall Street, and Toler was standing at the top; we just spoke for two minutes, and Barrett came up.
Toler in his defence stated that two parties who had arranged to join him, and provide two thirds of the necessary capital, had failed him; that he had expended 1,000l. in starting the concern, and that he, therefore, had to borrow money on cheques, which were to be held over till a certain day, and he had yet to learn that that was a crime where there is evidence to show, as there was, that money would be forthcoming to meet them at the time named. He contended that there was no conspiracy between Barrett and himself, but that a conspiracy had been laid in another quarter, not very remote from the prosecu. tion. He stated that he had never obtained a shilling or any goods by false pretences; that he had now been in prison for two months, and had had to fight single-handed against the weight and power of the Treasury. Barrett produced a written defence reviewing the evidence, and denying any conspiracy between Toler and himself.
GUILTY .— Five Years' each in Penal Servitude.
OLD COURT.—Friday, May 2nd, and Saturday, May 3rd, 1879.
Before Lord Coleridge.
MR. ATTORNEY-GENERAL, with MESSRS. GORST, Q.C., and MR. A. B. KELLY, Prosecuted; MR. SOLICITOR-GENERAL, with MR. BESLEY, Defended.
HENRY LEWIS VAUGHAN . I am a member of a firm of wine merchants called Fletcher, Vaughan, and Co., at 28, Leicester Square—Messrs. Riviera and Hawkes, music publishers, are the owners of the house, and have a place of business there—we rent the premises of them—in 1874, before I joined the firm, the second floor was sub-let to Messrs. Fisher and Co., and the name of "Fisher and Co.," with "E. Levy" underneath, was written up—I joined our firm in May, 1877—I found that previous to that Mr. Levy had been in the habit of collecting debts for the firm, and I myself employed him to do so—in December, 1877, I employed him to collect a debt from Captain Maxwell for wine supplied; I did not know that it was supplied to the mess; I supposed it was supplied to him—I thought it was in December, 1877, that I first put it into Mr. Levy's hands to collect, but I am not certain of the time—after doing so he said he had written to Captain Maxwell and could get no answer, and he had served him with a writ—I again asked him about the matter, I should think perhaps three weeks after; I asked if he had heard from Captain Maxwell, and he said Captain Maxwell was going to defend the action on the ground that the wine was supplied to the 92nd Highlanders and not to himself to use at his own residence—there was an affidavit brought down, which my partner, Mr. Fletcher, made; as far as I can remember that was about 15th April, 1878; that affidavit was brought down to me by Daniel Levy, the prisoner's son, who acted as Fisher's clerk—nothing was said to me at that time about Captain Maxwell having made an affidavit—I did not make the affidavit, because I was not sure whether the goods were supplied to Captain Maxwell; it was before I joined the firm—Mr. Fletcher made the affidavit; I was not present when he made it; it was presented to me first—I was told it was to show that we were quite right in what we said, that the goods were supplied—a little I time afterwards I saw the prisoner again, and asked him when he thought the money would be paid—he said that the Courts were sitting, but they would rise in about a week or a fortnight, and the action would wait—he said that Captain Maxwell had offered to pay 50l. into Court—after the Easter vacation I asked him how the action was going on—he said that we had won the case, and we should have the money shortly; I believe he said it required so many days before he could get the money out of the Court of Exchequer—I asked him which Court it was in, and he said in the Court of Exchequer—that was about the end of April or the beginning of May—on 28th May, as the prisoner was passing our office door, I called him in—Mr. Thompson, our clerk, and Mr. Fletcher were present—I said "Mr. Levy, don't you think it would be a good thing to write to Captain Robson?"—Captain Robson was Mr. Fletcher's old partner, and was in the same regiment as Captain Maxwell—the prisoner said "No, don't do that; I have taken out the writ in the name of Fletcher, Vaughan, and Co., instead of Fletcher and Co., and that may raise a new action, and we shall lose our costs"—I got Mr. Fletcher to write to Captain Robson, and we received a
letter from him, after which Mr. Fletcher and myself saw the prisoner—we sent up and asked him to come down and see us; that was on 11th June—we asked him first if he had received Captain Maxwell's money; also two other accounts—he denied having received them—we then showed him the letter and read it to him—this is it (This stated that the writer had communicated with Captain Maxwell, and had received a reply stating that the money had been paid in December last.) When I read that letter to him he replied "How can that be, Mr. Vaughan, when you only put Maxwell's account into my hands in January"—I believe on the 12th June Mr. Fletcher addressed a letter to Fisher and Co., with "E. Levy "underneath—I believe that letter was sent by hand by our clerk, Mr. Thompson, up to the office, and Daniel Levy came down and said that these moneys had been paid—I believe we sent up the letter after Daniel Levy came down—I have a press copy of the letter we sent (Read: "12th June. Dear Sir,—We must request that you will at once let us have the number or letter, whichever it may be, to enable us to trace the affidavit said to be made by Captain Maxwell, and which we understand is filed in the Court of Exchequer." We never got any answer to that letter—the affidavit there referred to was the affidavit about the goods not being supplied—the prisoner told me about that affidavit—he told me that Captain Maxwell had made an affidavit that the goods were supplied to the 92nd mess—I never gave the prisoner any authority to sign our name on this cheque (produced)—it purports to be drawn to order by A. C. Maxwell on the Dumfries branch of the Bank of Scotland, and bears the endorsement of "Fletcher, Vaughan, and Co."—that is not the endorsement of our firm—I never gave the prisoner or any one else authority to put Our firm's name upon that cheque—sometimes I sign the name of the firm and sometimes Mr. Fletcher—the writing is not like either of ours—no one in our employment signs the name of the firm.
Cross-examined by the SOLICITOR-GENERAL. I joined the firm in May, 1877—part of this wine was supplied before I joined, and I believe a small' part after; I think so; I cannot quite carry that in my mind—I have no document by which to refresh my memory as to when the affidavit intended to be made by myself or partner was talked of—I generally made all the affidavits since I joined—I cannot remember the dates—the 15th April was about the date Mr. Fletcher made one; it was certainly not in December, that I am certain of—I was in the habit of making affidavits from time to time with respect to debts due to our firm, and conversing on the subject of them with Mr. Levy—I think Mr. Levey only collected two accounts up to June, 1878; only two that I know of, two or three—there were a great number given him to collect, and from time to time I saw him on the subject of them—I believe this (produced) is the invoice supplied to Levy for the purpose of collecting this particular debt; I did not make it out; one of our clerks did; it is one of our invoices—if these dates are right I was wrong when I said that some of the wine was supplied by the new firm—Mr. Levy said it was a very strange slip that he had taken out the writ for Fletcher, Vaughan, and Co. instead of Fletcher and Co.—he did not say it was our own fault for giving him an invoice headed "Fletcher, Vaughan, and Co.," I am quite certain of that—I don't exactly know the date when this conversation took place, I saw him so often; I cannot carry the date in my mind—I am not prepared to swear that it was not in December—it was
not till 11th June that I really began to remember the dates, when I was so certain of them—no charge was made of forging this cheque till March this year—there was a difference between us about not paying over the money as soon as he received it—there was a contest between us in June and July last year; there was a controversy as to the amount of his costs against us and the amount he had received on our behalf—that resulted in an offer by him to pay 60l. as the balance if we would give a receipt in full—he gave us that cheque for 60l., and we agreed to give a receipt in full, without prejudice to ourselves in taxing his bill of costs—we had not agreed to give a receipt in full; we said we reserved our right to tax his bill; that is in the receipt—he did not say that he would not pay the 60l. unless we gave a receipt in full; he sent us down the cheque for 60l., and we sent him up a receipt the same evening—in consequence of the form of our receipt he stopped the cheque at the bank early in the morning—it was not in the first instance agreed that if he paid the 60l. that would settle the matter, not without reserving our right to tax his bill of costs—I never saw Mr. Levy in the arrangement at all; it was Daniel Levy who came down to us; there was nothing mentioned about reserving our right then; we gave him the receipt directly we got the cheque, the same evening; it was a crossed cheque—we sent it for payment the first thing in the morning—that was not with the object that it should be paid before Mr. Levy should have the opportunity of seeing the form of our receipt; we were afraid of our money—we got the receipt drawn by our lawyers, Messrs. Randall and Ainger; we doubted Mr. Levy so much that we thought it right to have that in about reserving our right to tax his bill of costs, because we thought the costs very exorbitant, and we wanted to reserve that right to ourselves—the bill was only a summary then—I don't think I saw Daniel Levy afterwards; I had no conversation with him—I don't remember seeing the prisoner afterwards—I remember stating before the Magistrate, "The defendant, to the best of my belief, said that in consequence of the wording of the receipt he had given orders not to pay the cheque: he also said that if we were to reserve our right to tax his accounts because they were only delivered in summary he must have the right to deliver a bill in detail, which might amount to more than the summary"—I had forgotten that—I believe this (produced) is the summary. (This was headed "J. C. Fisher and Co. in account with Fletcher, Vaughan, and Co." showing ambunts received as against costs, leaving a balance of 60l. 18s.) That came enclosed in a letter—the accounts referred to in this summary are 1l. 19s. for coals supplied and 80l. 4s. 5d. for Mr. Levy's account—we did not send receipts for those at the time; we have since—I did not take up the receipt for the cheque; we sent it up by our clerk, Mr. Thompson, the same evening; he put it in the letter-box or under the door—we sent it up directly we had the cheque, soon after, in the evening; we close at 6; I can't remember exactly the time—I did not put it in his letter-box—I suppose I did say before the Magistrate, "I put it in his letter-box"—we did not do so late at night on purpose—I did not put it in the letter-box; it was sent up; if I did say so I suppose I could not carry it in my mind as well as I do now; I have been asking my clerk since—I saw Mr. Randall, our solicitor, a day or two before; we had got the receipt all ready drawn; the prisoner did not get it till after we had the cheque—we had the receipt drawn up in the rough by our solicitors, what was the form of receipt we should give—
that was before my interview with Daniel Levy—when we agreed with him to receive the cheque, we had in our minds to give a form of receipt which reserved our rights to tax the costs; we did not tell him so; it was left to ourselves as an open question whether we should tax them or not—I believe we took proceedings to have his bill delivered and taxed, and we began an action against him in respect of this wine account of 80l. 4s., 5d.—Messrs, Randall and Ainger are still our private solicitors—we have left the taxation of the costs entirely in their hands—I am not sure whether they are here—I was in Court in March when this case was twice postponed—I suppose it was for the purpose of having Mr. Levy's bill taxed—I understood the case was fixed peremptorily for 28th April—I was not aware that 8th April was fixed for the taxation—I know it now you have told me; I did not know it before—I was not aware that our attorney appeared before the Magistrate to object to the taxation going on on 8th April—I am not aware of it up to this moment—I never could understand why it was not taxed—I know nothing about it—if our present attorneys had signed our name on the back of a cheque we should certainly object to it; with our present attorneys or anybody else. (The Solicitor-General read the following passage from the cross-examination of the witness before the Magistrate: "I would have allowed Messrs. Ainger to sign our name and receive the money; I should not consider they had done anything improper if they had done it")—I was not referring to the cheque then—I was not aware that the cheque had been forged then—I was referring to county-court money. (The deposition so stated.) To the best of my knowledge and belief I did not sign any affidavit on this matter—to the best of my knowledge and belief there was not more than one occasion upon which the question of making an affidavit in Captain Maxwell's matter was the subject of discussion—to the best of my knowledge and belief there was one affidavit made by Mr. Fletcher, and that was the only one, and that was some time after December—I am not sure about the date. (Mr. Fitzroy Gardner was called to prodttce an affidavit of H. L. Vaughan, of the 28th December, 1877, but stated that no such affidavit had been filed. A draft affidavit was produced to the witness.) I cannot remember making that affidavit—that is not the one Mr. Fletcher made afterwards—I might have made that affidavit when the debt was first given to Mr. Levy for collection, but I don't remember it at all—I cannot call it to my mind; the only one I can remember is that one of Mr. Fletcher's—we did not swear the same affidavit—I have only just glanced over it—(reading it over to himself)—well, I cannot recall it to my mind—I won't swear that I did not swear that affidavit—I have not the slightest recollection of it—I do not know whether Mr. Fletcher left town that Christmas—I may have been in town on 27th or 28th December, and I may not, I really cannot tell you—I do not remember that the affidavit being incomplete the two last paragraphs were added, and that I then swore to it—I will not say one way or the other whether that did or did not take place, but that is not the affidavit that was before me on a later occasion—it is not the same affidavit that I read in our office which Mr. Fletcher made—there was another affidavit which was worded different from that which Daniel Levy brought down to our office, and I would not sign it—that is not the same—I don't remember whether I swore any affidavit—I know I would not swear the one that was brought down to me, because
I could not swear whether the goods were supplied to Captain Maxwell at his own place, or to the 92nd mess, as I was not in firm at the time—I have not observed that the affidavit states that they were supplied to him in London by his own instructions—(reading it again)—I do not remember this at all—I don't believe I ever did make it—the conversation in which it was suggested I should swear an affidavit was some time after, when we understood the action had been defended—I am not misplacing the dates—I do not remember the prisoner or Daniel Levy telling me that an affidavit was necessary to serve the writ out of the jurisdiction; not to the best of my memory—I don't believe it ever took place with me—I only remember one occasion upon which I was requested to make an affidavit.
Re-examied. I think this debt was sent up to Mr. Levy by Mr. Thompson, our clerk—he bad other debts of ours to collect—they were smaller amounts—several of those were collected and paid into different county-courts in London—when money is paid into the county-court the plaiutiff has to give an order to get it out—this was the largest amount the prisoner had to collect for us—I say it was about the 15th April when the affidavit was brought to me—about that time I used to make all the affidavits, and there was an affidavit made about that time by Mr. Fletcher—Daniel Levy brought the affidavit down to me; that was after the prisoner had told me Captain Maxwell intended to defend the action—I am certain of that—I had signed affidavits in some of the cases the prisoner had to conduct for us—as a rule whenever he or Daniel Levy asked me to sign it I did so—I read the affidavit which Mr. Fletcher signed—I think it was to the effect that we heard Captain Maxwell was defending the action on the plea that the goods were not supplied to himself but to the 92nd mess, and that we had to state that they were supplied to his own house and not to the 92nd mess—that was the substance of it, and I said I could not make that affidavit, and Mr. Fletcher made it—the letter of Captain Bobson's is dated 10th June—I read it to Levy on the 11th—up to that time I had not heard a word from Levy about his having received this 121l. 17s. or the cheque in respect of it—I did not know that the money had been received—after that letter was shown, Daniel Levy came down and made a communication about this money—the prisoner was not present—there were other accounts which lie ought to have collected for us—then arose the question as to how much he owed us, and the summary was sent in showing a balance of 60l.—he did not ask us not to tax the bill—I believe we applied to tax, we sought the advice of our solicitor—Daniel Levy brought the 60l. cheque after the summary had been delivered to us, and under our solicitor's advice we sent the form of receipt reserving our right to tax his bill—we were not paid for the wine which Levy owed us, and we subsequently sued him for it—he was taken into custody some time in September—there was an investigation before the Magistrate, which lasted a considerable time—this particular charge was not brought before the Magistrate—the cheque was mentioned—it was first mentioned when he was going to be tried and it was put off.
THOMAS HENRY HAZLEWOOD FITZPATRICK . I am clerk to Messrs. "Wontner, solicitors, who are conducting this case as agents on behalf of the Treasury—I served a notice to produce, of which this is a copy, upon the prisoner's solicitor, Mr. Edward Lewis, on 29th February last.
Yaughan, and Co.—Fisher and Co., solicitors, have offices in the same building—I let them to Mr. Levy some considerable time ago; I cannot remember the date—he was my tenant—I think he had four rooms on the second floor, above my office—our firm became tenants of Riviere and Hawkes; we were not so at first, they bought the lease—after I had let the rooms to Levy I saw on the door "Fisher and Co.," with "Levy" underneath—our firm put some debts in Levy's hands to collect, amongst others one of Captain Maxwell for about 114l. 10s. for wine supplied to him—I could tell you when from my clerk's book, which is here; it would be according to the invoice; I dare say it was about 75—it was supplied to Tor Eagles in Dumfriesshire, Captain Maxwell's residence; it was not sent to his house in London—I don't fancy he had a house in London—I can't give you the date when Levy was instructed to collect this debt—this invoice is my clerk's writing; it is an account that has been sent in since; it is "To goods as invoice, September, 1875"—the date of the instructions for suing is 11th December, 1877—after those instructions were given I saw Levy on the matter on very many occasions; I cannot give you the date when I first had conversation with him about the debt—I had very little to do with that department of business; it was almost entirely in the hands of Mr. Yaughan, and I took hardly any action in the matter—on 11th June I asked Mr. Levy if he had received the money—before that I remember being asked to swear an affidavit, either by Mr. Levy or Daniel Levy—I did swear one before Mr. Thorpe, a solicitor, in Cranbourne Street, Leicester Square; Daniel Levy went with me to swear it—it was read to me before I went to Mr. Thorpe, as far as I remember, by Daniel Levy—it was that the wine had been supplied to Captain Maxwell at Tor Eagles, and that it had not been supplied to the mess of the 92nd Highlanders—I can tell you the exact date of that, the 15th April, 1878—I had no idea what the date was, and I went to Mr. Thorpe and made inquiry—he said he did not remember—I did not make any other inquiries—I fix on the 15th April simply because it was entered in Mr. Thorpe's book—I was in Court when Mr. Yaughan was examined—I have no knowledge of an affidavit sworn for the purpose of serving a writ out of the jurisdiction—this (produced) is not the affidavit I swore; there is no date put to it—I do not think I swore any such affidavit as that before Captain Maxwell had the writ issued against him; in fact, I am almost certain 1 did not; I can hardly swear, because I do not recollect, I had so little to do with the transaction—I do not think this is the affidavit that Daniel Levy took me to Mr. Thorpe to swear—that affidavit stated that the wine was delivered at Tor Eagles—before swearing it I was expecting to receive the money—I remember writing a letter to Captain Robson after a communication from Mr. Vaughan—I received a reply, after which I and Mr. Yaughan saw Mr. Levy, and he said that the money had not been collected; I asked him—then Mr. Yaughan produced this letter from Captain Robson, stating' that the money had been paid in the previous December—this was on 11th June—I think that is all I can tell you about it—I am wrong, I beg your pardon, we spoke to Mr. Levy about it on 11th June, and on the 12th Daniel Levy came down and we showed him the letter, and I said, "You are sharp solicitors, I think, and I wonder you did not-let us know of the receipt of this money," and his answer was that it was an omission—I am certain the letter must have been shown to the prisoner, but I cannot say that I showed it to him myself—there were other accounts that he was
collecting or us—Daniel Levy said they had been collected—there was a con tentionf between us as to the state of the account—a summary was sent down to ua, showing the balance due to us; after that a cheque for 60l. came—I remember the receipt we signed for it—when we sent the cheque for collection it was not paid—until I got the letter from Captain Robson I did not know that the account had been paid—I never gave the prisoner or anybody authority to endorse this cheque in the name of our firm; I never knew that the cheque existed—this is not the endorsement of our firm—I don't remember when I first learnt that the cheque had been given; it was not for some time.
Cross-examined by the SOLICITOR-GENERAL. I say that I did not give the prisoner authority to sign my firm's name to that particular cheque—I did not give him authority to sign the name of the firm for the purpose of collecting debts generally—I will swear that most certainly, except that it has been brought up at Bow Street that I may have verbally said something, something to do with the Hon. Mr. Harper's debt, but I have not the slightest recollection of ever giving him authority for that—I certainly never said to him that for any purpose connected with the collection of debts he was entitled to sign my firm's name; I am perfectly certain I never did—I cannot say whether I made more than one affidavit about Captain Maxwell's debt; I don't think I did, but I can't answer for certain; I don't recollect—I wont to Mr. Thorpe to swear the affidavit—I did not find that he was not in, and that I had to go on to Mr. Goatley in Bow Street—I recollect nothing of the sort—I could almost swear to it—I am almost certain I never went to Mr. Goatley that I know of—I am not aware that I ever went to Mr. Goatley in Bow Street to swear an affidavit, not that I remember—I have no recollection of going there, or of ever hearing the name before (paper produced)—that is my handwriting, I think—there is no doubt about that being my handwriting; I don't know what it is, I think it is my handwriting; I believe it to be—I am the person who originally made the agreement with the prisoner to collect debts for me—there was no alteration made in the terms—it was merely verbal—there was no written agreement—I don't think I insisted that he should not go on with any litigation which would involve costs without consulting me—I had so many conversations with him that I cannot recall one—I do not remember that—the signature to this document (produced) is very like mine, but I cannot say—I do not believe it is mine; I should like an expert to look at my signature—there are two things that are different—it may or may not be mine—I have not read the letter, so that I do not know in the least what it is—(reading it to himself)—I have no knowledge whatever of signing such a letter as that—I did not see that it was witnessed—I can only say, to the best of my belief, I never signed such a letter as that, nor in the presence of a witness—I cannot answer that it is not my signature, because it may be a very clever copy of it—there are two things in the signature that I think disagree with mine—I cannot answer you anything else honestly—I have no animus whatever—if you look at it against the others you will see it is different—when you showed me the affidavit just now, I certainly thought that was my signature—(looking at it again)—I believe it to be my signature—no, I don't know, it is so difficult to say—will you let me sign my name—(looking at a paper)—that is my writing—there is no doubt about that, not the slightest, but is that the same as this?—I believe all these (fourteen others) to be my signature—my signature may differ a little from time to time, I don't think
it does much—I do not remember a Mr. Foulger, I never remember hearing his name—I do not remember signing any document in his pretence in January, 1877—I have no possible recollection of it at all in any way—I have no recollection of signing such a letter as this, and I do not believe I ever did—I won't pledge my oath—I say I have no recollection whatever of signing such a letter—I have read it through; I understand what it means—I must say that I will not swear I did not sign it, because I do not remember anything—my mind is a total blank on the subject—I never saw, at least I don't remember ever seeing-such a letter—I see the purport of it; I see it is most important—I can only tell you I have told my partner over and over again that I have never given any authority in writing of any sort or kind—I tell you I have no recollection of signing that document—I don't believe I did.
The COURT. If you did sign it there is an end of the case.
Witness. That is the very reason why I have hesitated about saying it—that is the only reason I have in my mind.
By the SOLICITOR-GENERAL. As to the affidavit, I have no recollection of going to Mr. Goatley or even hearing of his name—I do not remember overtaking it—I will not swear I did not—rit is very like my signature as I look at it; I don't remember the affidavit; I can hardly deny the signature—as to this letter, I do not remember any such arrangement as is there set down; I won't swear it is not my signature, I won't go any further—I never signed such a letter as that according to my best belief; the signature is exceedingly like mine—my belief is that it is not mine—my belief is that it is very like, but that it is not my signature—the signature to the affidavit appears to be mine, I think so, I believe it to be mine—I did not mean to refuse to answer thai question just now—I have read it; there is not a word in it about the 92nd Highlanders—I think there is something about the delivery of the wine at Tor Eagles—not there is not—I can't swear to the exact terms of the affidavit I swore, but it was made before Mr. Thorpe, and this was made before Mr. Goatley—I swear that I did swear an affidavit in which I referred to the delivery of the wine at Tor Eagles; I can't say it referred to the 92nd Highlanders—I have read this affidavit in Court three or four times—I was not under the impression after so reading it that it contained an allegation of the delivery of the wine at Tor Eagles—the affidavit I made was made on 15th April before Mr. Thorpe, and Daniel Levy went with me.
By the COURT. I will not swear there was anything in the affidavit which I swore before Mr. Thorpe about the 92nd Highlanders; to my belief there was, but I could not swear without seeing the affidavit.
By the SOLICITOR-GENERAL. As to the letter to Mr. Levy, I cannot answer more than I have already—I swear to the best of my belief I did not sign it; I will not swear positively I did not, I swear to the best of my belief, I won't give any further answer; I swear to the best of my belief and memory that I never signed it—I will not swear positively that I did not, that is my answer.
Re-examined. I am quite sure that I did make an affidavit before Mr. Thorpe—previous to that I had had conversation with my partner about the claim against Captain Maxwell, and I had had conversation with the prisoner about it—he told me that Captain Maxwell's agents or solicitors had told him that the wine had been supplied to the 92nd Highlanders, and
that he had paid 50l. into Court, and that he disputed the claim on the ground that it was supplied to the mess and not to him—I made an affidavit after that; the substance of the affidavit which I made before Mr. Thorpe was that the wine was supplied to Captain Maxwell, at Tor Eagles, in Dumfriesshire, and not to the mess of the 92nd Highlanders—I can't remember how long I had employed the prisoner to act as my agent in the collection of debts, I have had so little to do with the case, it was in the hands of my partner, Mr. Vaughan—my clerk, can answer all these questions; I do not remember the dates—as far as I know to-day is the first time I have seen this letter—I was examined before the Magistrate as to what authority I had given to Mr. Levy—this letter was not put into my hands on that occasion—I swore before Mr. Flowers that I had never given any authority except it might have been possibly a verbal authority about one particular debt of Mr. Harper.
HENRY MORTIMER THOMPSON . I am clerk to Messrs. Fletcher and Vaughan—I was in the establishment at the time Mr. Levy was first employed to collect the debts; I should say it was at the end of 1875 or the beginning of 1876—I can't say with whom the arrangement was made, whether with Mr. Fletcher or me—I think Captain Maxwell's debt was given to him to collect at the beginning of December, 1877—we continually spoke to him about the account afterwards, and at one time in my presence he said that Captain Maxwell had paid 50l. into Court—I can't say whether that statement was made to Mr. Fletcher or to Mr. Vaughan, but I was present at the time—he said the debt was disputed on the ground that the wine was supplied to the mess of his regiment—an affidavit was made, I fancy, somewhere in the beginning of April—I did not hear any conversation about it between Mr. Levy and the partners—I saw the affidavit and read it—this (produced) is not the affidavit I read. (MR. KELLY proposed to ask the witness the contents of the affidavit, notice to produce having been given. LORD COLERIDGE did not consider the notice sufficiently definite.) I remember a conversation about writing to Captain Robson; about the end of May we were talking to Mr. Levy about different accounts that he had in his hands, and Mr. Vaughan suggested writing to Captain Robson, Mr. Fletcher's late partner, and asking him to write privately to Captain Maxwell, who was a friend of his, to pay his account; Mr. Levy said, "Don't do that, Mr. Vaughan, as I believe the writ was issued in Fletcher, Vaughan, and Co.'s name, and it should have been in Fletcher and Co.'s, and if he finds that out the costs will be lost, and we shall have to take fresh proceedings, as the goods were supplied prior to the new partnership"—a letter was written to Captain Robson, and an answer received—about that time there was another conversation with Mr. Levy, but I was not present—I did not hear anything further between Levy and Messrs. Fletcher and Vaughan about Captain Maxwell's debt—I only heard it from my principals afterwards.
Cross-examined by the SOLICITOR-GENERAL. I have an affidavit before me—I never saw it before that I remember—this is not the affidavit that I took to Daniel Levy and asked him to substitute the name of the other partner; I did do that with an affidavit; he did not strike out one name and substitute another; I think he wrote a fresh one; he took it upstairs; I won't undertake to say he did not—as to the date of April I first date my observations from 28th May, when we wrote to Captain Robson, and I go backwards—I heard yesterday that Mr. Fletcher had been to Mr. Thorpe to
see if he had an entry of any affidavit in April—I had not mentioned April as the date of the affidavit—I said it was about six or seven weeks backwards from 28th May.
PHILIP SHAW FLETCHER (Re-examined by the SOLICITOR-GENERAL). I know that the affidavit was sworn in April because Mr. Vaughan reminded me of it—I went to inquire of Mr. Thorpe about three weeks, or it may be a month ago—before that I had a memory as to April; I remembered going to make the affidavit perfectly; I knew it was before May, that it was in April—I believed it was in April, but I did not know the date, and I went to Mr. Thorpe to ascertain the date—I merely asked him to tell me the date, and he asked his clerk to look back and find an entry in his book of Fisher and Co.—I think I suggested to him to look at the month of April—I can't tell you exactly what I said, but I told him as near the date as I possibly could, and my impression is that I did say to him that it was during April—I gave him an idea as to the date, so that he might be able to turn back to it—I went twice to see him; I can't tell when the first time was, but it was a short time before; I can't tell you the date—the second time was some time after the 15th April, because Mr. Thorpe turned to his book and found that it was on the 15th April that an affidavit had been made in the name of Fisher and Co.—I am not confusing two different years—yes, you are right and I am wrong; it must have been this year; I was referring back to April of last year—I can only say that I went the second time to Mr. Thorpe not long ago; I should say it was before Easter because I went out of town before Easter—I did not go out of town at Christmas, 1877; it was the only Christmas that I have not gone out of town—oh, the Christmas before last I did go out of town—I did not go out of town last Christmas.
By the COURT. I do not keep a diary—I have always been out of town at Christmas, except this last Christmas—I don't know on what day I went, I only know it must have been just before Christmas Day; I stayed about a week or a fortnight, I can find out exactly when I go home.
By MR. GORST. I spent last Christmas in Park Street, Grosvenor Square—the Christmas before I spent at Kennard, near Maidstone, my mothers place, I think I was there ten days—it was this year that I made the two visits to Mr. Thorpe, last month—I can't tell how many visits I paid to Mr. Thorpe last year; I made lots of affidavits before him about different people.
STUDHELME CARPMAEL . I am a solicitor at Carlisle—on 29th December, 1877, I received this letter from J. C. Fisher and Co., dated the 28th (This enclosed a copy writ on Captain Maxwell, to be forwarded to an agent at Dumfries for service)—I sent the writ to Mr. William Millegan, a solicitor at Dumfries, and I received a letter from him which I forwarded to J. C. Fisher and Co., it contained this cheque for 121l. 17s.; I received no reply to my letter, and on 7th January I again wrote to Fisher and Co., in reply to which 1 received this letter dated January 8th, stating that they had written on the 4th, and enclosing a copy of such letter—I never received the letter of 4th January—I replied to the letter of the 8th or the 9th, and enclosed an account of my charges—I have had no reply, nor have my charges ever been paid.
Cross-examined. My charges were 30s.—I applied for them two or three months afterwards; I have received no answer.
Street—I have here a book which shows most of the payments I receive for the administration of oaths, not the whole—I have an entry of 15th April, 1878, "Messrs. Fisher and Co., 2s. 6d." that is for an affidavit and exhibit, 1s. 6d. for the affidavit, and 1s. for the exhibit—in nine cases out of ten I simply put "oath "so much, without mentioning the names of the parties; it is only occasionally that I put the names—that name does not appear again in that month—Mr. Fletcher came to me about three weeks since, and he called a second time about a week ago.
Cross-examined. I gave him the information required the first time, he called again to inquire whether I could recollect Mr. Levy coming with him—I cannot say how often Fisher and Co., or anybody from their office, came to swear an affidavit—I have no particular reason for taking the name on some occasions and not on others—this entry only shows that some gentleman from the office of Fisher and Co. came and had an affidavit sworn with an exhibit—it does not identify what matter it was upon.
EZRA LIVERMORE . I am the manager of the Covent Garden branch of the London and County Bank—on 12th October, 1876, an account was opened there in the name of J. C. Fisher and Co., of 28, Leicester Square, by the prisoner—he signed the name of his firm in our book as J. C. Fisher and Co.; this cheque was paid in on 3rd January, 1878, to the account of Fisher and Co., it has our stamp on it—the balance of the account on 2nd January was 46l. 4s. 5d.; this cheque being crossed was not placed to his credit till the 7th—the account was virtually closed in July, 1878—in opening an account I always require, after the signature for cheques has been left, that the names and signatures of individual parties should be given—the prisoner first signed "J. C. Fisher and Co." and "John Cambridge Fisher," as his own individual name; that is the signature book—on 12th June, 1878, the balance in his favour was 18l. 9s. 6d.
Cross-examined. We balance our ledgers once a quarter, the pass books are agreed with the ledger whenever they are sent in by the customer—we balance in March, June, September and December—the balance on 1st January was 72l. 13s. 1d., on the 2nd 46l. 4s. 5d., on the 4th 61l. 1s. 5d., on the 5th 154l. 16s. 1d., that was before this cheque was credited—on the 6th the balance was the same—on the 7th this cheque comes in and the balance then was 236l. 11s. 1d.—I did not know Mr. Fisher by sight—I do not think there was another gentleman with Mr. Levy with a paralysed hand, I will not undertake to say there was not any one else with him; I think not, I will not say positively.
GEORGE TURNER . I am an auctioneer in Church Street, Liverpool—I am well acquainted with the prisoner's handwriting—he was formerly in my employment—these two letters received by Mr. Carpmael from Fisher and Co. are in the prisoner's handwriting—I cannot speak as to the endorsement of Fletcher, Vaughan, and Co. on the cheque.
JOHN HYDON . I am a clerk in the Covent Garden branch of the London and County Bank—I was there when the prisoner came to open the account of J. C. Fisher and Co.—Mr. Morris Abrahams was the only person I saw with him; he has not got a paralysed hand that I know of—during the time the account was opened no one else operated upon it as far as I know.
Cross-examined. I knew Mr. Levy by sight, not by name—I did not know that his name was Levy—I believed his name to be Levy, and when I saw the name of Fisher I was greatly astonished, and thought I might be
mistaken in the name—I did not ask him by name to bring hit private account from Ransom's to our bank; I never dreamt of such a thing—I am quite positive there was no one with the two gentlemen, for I have a strong recollection of his coming with Mr. Abrahams to open the account—Mr. Abrahams introduced him.
FITZROY GARDNER . I am in the Rule Office of the Court of Exchequer—I have with me the appearance book—I have an entry here of a writ having been issued, but no appearance is entered—there has been no affidavit filed in the case within three months afterwards—it is the practice where leave is given to serve a writ out of the jurisdiction to require an affidavit—I have searched to see if there is any affidavit on the files of the Court in this case, and I can find none.
Cross-examined. The writ may be issued without the affidavit, but the order is not granted without the affidavit—it frequently happens, or it did up to about a year since, that affidavits were taken off the file before they were sent up to the Rule Office; at Chambers a great many went in that way—I have communication with Chambers almost every day, and I know precisely what goes on there, or what ought to—all affidavits filed there are handed in, or should be, and 10 days afterwards they are sent up to the Rule Office, put on the file, and entered into a book, but up to about 10 months ago we had a number of complaints, especially during the last few weeks of 1877, of affidavits not appearing anywhere, and I remember two or three cases where the persons who ought to have had the affidavit had not filed it, and they were called upon to file it and did so in one case, and in another it was not found at all—when an order is drawn up on reading an affidavit the affidavit would be filed; that is the practice, but frequently it does not happen—it is not in all cases that the affidavit reaches the Court of Exchequer—I know nothing of this particular case.
Witnesses for the Defence.
GEORGE PARKINSON . On 28th Dec, 1877, I was clerk in attendance at Judges' Chambers—I drew up this order, and I have no doubt that an affidavit was exhibited before me—an affidavit must have been filed and perused by the Judge, and it would have Baron Huddleston's initials upon it—we keep affidavits in the chambers for 10 days, and they then go to the Rule Office until this order is drawn up—very great complaints were made of missing affidavits—it was found that parties were accustomed to come and ask to look at affidavits and never put them back again—a great many have been taken away—I have no doubt that an affidavit satisfied the Judge to allow it to go out of the jurisdiction, and that it was signed by him before I drew up the order.
Cross-examined by MR. GORST. If it is not in the Rule Office some one must have taken it away.
DANIEL LEVY . I am the prisoner's son—I wrote the name of Fletcher, Vaughan, and Co., on the back of this cheque—it came up by post on the morning of Jan. 3rd, and the letter was opened by my employer, Mr. Fisher—it was my father's custom to open the letters himself of a morning, but on this particular morning he was not at the office—Mr. Fisher handed me the cheque and told me to endorse it and pay it into the London and County Bank, as his hand was palsied, which prevented his writing—I did so, and it was handed to Mr. Whitehead to pay into the bank, and it was paid in on the 3rd, about 11 o'clock—I made out the slip and I see it here in my
writing—my father knew nothing whatever about it, he was in bed, he had a day or two before undergone an operation for stone—I was present at the interview when the authority was drafted and the terms of it arranged, and also when Mr. Fletcher signed it—Mr. Foulger, Mr. Levy, and myself, were also present—this is the first affidavit drawn up in the matter—it is in Mr. Whitehead's writing—he was a clerk at that time—it was made out at first for Mr. Vaughan, as he was the person who usually made the affidavits in various matters—I went down to him, and saw Mr. Thompson, who was called to-day—I said "Will you go and ask Mr. Vaughan if he will come out with me and swear an affidavit in the matter of Maxwell"—he went into Mr. Vaughan's room and came out and said that Mr. Vaughan did not see how he could swear it, but that Mr. Fletcher would do so—that was on the date that it was sworn, 20th Dec.—Mr. Fletcher is entirely mistaken about it taking place in reference to another matter, because it is the only affidavit he ever swore in any matter in which we were concerned—it was not sufficient, because some new rule came out at Chambers in consequence of some complaint that the business was brought from Scotland, and it was necessary to swear that there was no Court of local jurisdiction, and also to verify more completely that the cause of action occurred in London—I took the affidavit down to Chambers and the clerk pointed out to me that it was insufficient, and instead of filing it I brought it back on the 20th—I should not have gone on the 20th, but on the 21st, because it was sworn on the afternoon of the 20th—I was reading the bill at Mr. Thorpe's office, but the boy said that he was out, and we went down to Mr. Goatley to swear it—he is the gentleman we generally go to when Mr. Thorpe is out—I may say that Mr. Fletcher did not sign the affidavit till he got into Mr. Goatley's office—part of that affidavit is in my writing and part in Mr. Whitehead's—it was really drawn from an affidavit in another case, and when I had ascertained what was necessary, I put in the two paragraphs in the margin, and so altered the affidavit that the two paragraphs fitted, and it says, "See over, and take in No. 5," and then it says, "Over, other side, No. 6"—from that draft an affidavit was prepared—the words, "The cause of action occurred within the jurisdiction of this Honourable Court, because the goods were delivered to Captain Maxwell by his instructions," were put in because we were informed that the goods had been ordered by and delivered to Fletcher and Co. at some railway-station, and that there the contract ceased, and that the railway company were the agents of Maxwell, and therefore the cause of action occurred in London and not in Tor Eagles—Mr. Vaughan swore the affidavit of which that is a draft—it was first allotted to Fletcher, Vaughan, and Fletcher, but afterwards, when the two paragraphs were put in, Mr. Fletcher was out of town, and I altered it to Henry Vaughan; he swore it, and it was upon that that the order was obtained—I have not yet been able to verify what the affidavit was which Mr. Thorpe has sworn to from our office on 15th April—no exhibit was attached to Mr. Vaughan's affidavit, but I believe it referred to the matter of Kahn and Nicholson—I never had an affidavit with an exhibit to it sworn in this cause—Mr. Fisher died in July, 1878—this (produced) is the summons to deliver the bill—it is dated 13th July, 1878, and on 16th July Baron Pollock made an order upon it—we took out a summons on 31st October to tax our own bill before Master Butler, but that was successfully resisted; it is endorsed, "No order, application premature"—we applied to
Justice Lush, who made this special endorsement, "The application being opposed, I hold that I have no power to order bill to be taxed at this time"—we took out another summons on 3rd December, 1878—it was resisted by Fletcher and Vaughan, but notwithstanding that Master George Pollock made an order on 4th December that our bill should be taxed, and on the 5th they applied to the Judge and the order was postponed till after the trial of Keg. v. Levy—that did not refer to the case you are now trying—there was then an application to the Court of Exchequer, which made an order that the bill was to be taxed—this is a copy of the bill delivered (produced)—everything mentioned in it was then done, and upon the dates which they bear—I have compared the diaries and attendance books—a considerable amount is for disbursements, every halfpenny of which was disbursed by us, and a cash account was delivered with the bill of costs—my father keeps his own account at Ransom's—some time before Mr. Fisher's death a gentleman named Mickelthwaite joined the firm in August, 1877—here is a press copy in the letter book of a letter written to Mr. Carpmael on 4th January—it is signed by Mr. Fisher himself—when I said that he could not sign, I meant not sufficiently well to satisfy any banker—that letter was sent, here is the postage book to show it, and Mr. Whitehead is here who posted it.
Cross-examined by MR. GORST. My father left the office on 31st January, and I think he was operated upon on the following day—he came back to the office on the afternoon of 3rd January to attend an appointment, which appears in his attendance book—he was not there again till the 7th or 8th, and then not so regularly as he had been—Mr. Carr Jackson operated upon him—I endorsed the cheque immediately it was handed to me on the 3rd, about 9.30 or 10 o'clock—it is in my natural ordinary writing, but it I was copying I should write roundhand—it is not feigned—if I was writing a letter I should write very differently to what I should in writing an affidavit—I never had the slightest intention to alter, and never tried to—as soon as the Rule was made in March, I looked up the affidavit of 15th January, 1877, for the purpose of going to the taxation of the bill of costs—I found it in the iron safe of Fisher and Co.: and Micklethwaite at that time—I knew that it existed when the proceedings were going on at the police-court, and Mr. Fletcher was asked as to a specific endorsement what authority he had given, and I think he said he would not swear it was not as I had suggested—Mr. Vaughan swore that Mr. Fletcher gave my father authority to sign his name, but Mr. Fletcher swore that he did not—I did not produce the document, because at that time we could not put our hands upon it—we found it in March, 1879, after the Rule was made for taxation; my second reason for not producing it, was that I had not the conduct of the case, I was simply there to give evidence—I mentioned that I knew there was such a document in existence—I think that was to Mr. Edward Lewis, who acted as solicitor; I cannot give the exact date, but I should say it was prior to the questions being asked of Fletcher—Mr. Levy and I occupied one room, and he and I and Fletcher were present when the discussion took place about drawing up the document, but no one else—(Foulger was Mr. Fisher's clerk)—prior to this Messrs. Fletcher had sent us up some small accounts for collection, but Mr. Fisher subsequently ascertained that we were getting the small accounts and Richardson and Sadler were getting the large ones; they proposed to hand us a batch of 30 or 40, some bad and some good, and we said we would not
take them unless we were allowed the county-court scale; in consequence of that it was arranged that we should take a retainer on the terms that they should pay us costs over and above the county-court scale; it then became a question of taking money out of Court, and subsequently Mr. Fletcher discussed the question, he did not want us continually going down and charging attendances on him, and in consequence of that the authority to sign was given in order that we should not every time go down to him on small county-court matters and charge 3s. 4d.—the order to sign refers to getting money in the county-court and to accounts generally, nothing specific is stated as to what should be signed—I cannot say whether any sufficient authority was given to sign my name on a cheque—I do not mean to say that Mr. Fisher was really taking part in this interview, we had previously obtained instructions from him—my father did not pay him so much a week, Mr. Fisher paid us so much a week—I cannot say hew mach—I know what he paid me—I mean to say that Mr. Fisher got the benefit of that and paid my father a salary—the only interest my father had in this business was his salary as managing clerk, he being allowed to carry on an agency in his own behalf—this document was copied by Foulger, but the draft was made by the defendant, and it was read over to Fletcher by Mr. Levy and handed to Fletcher, who signed it—it was put in the safe, but I could not lay my hands on it, because it got under the drawer; and I do not suppose it came out of the safe from the time it was put in till the time of my finding it for the purpose of taxation—I looked in the safe for it, but could not find it in the first instance, but in moving to Leicester Square the safe was turned over, and instead of staying at the back it came over the drawer—it had got underneath in the constant opening and shutting of the drawer which fills up the bottom of the safe, and the back of it does not go to the top part of the lining of the drawer—it was impossible to carry the safe downstairs without turning it over;. that is the only way I can account for finding, it—I hack looked in the drawer for it over and over again, and it was not there—Mr. Vaughan must answer for himself why he did not make the first affidavit—he sent out word that he preferred Fleteher swearing it, because the wine was supplied before he became a partner, which was in May, 1877—I had very little conversation with Mr. Vaughan, and none as to the terms upon which we were to collect' accounts for him—I do not know whether he is bound by this document; I should say that he is, because he never revoked it—it is signed, "Fletcher and Co."—I thought I was authorised to sign "Fletcher, Vaughan, and Co.," just as much as Fletcher and Co.—it is an authorisation to sign the name of the firm—that is not at all an unusual thing if you ask a good many solicitors; if a cheque came to a client's order because they had not put the client's name on the back, he would not give it to the client to keep—I signed "Fletcher, Vaughan, and Co." on the cheque—I thought the document authorised me to do so, and I do so now—I signed the firm's name; if I had signed Mr. Vaughan's name he would have had a perfect right to complain—I do not think it strange that Mr. Vaughan made the second affidavit, having refused to make the first; they were identical, except that the second contained two additional passages—I do not know that he was unwilling to make the first, but Mr. Fletcher was out of the way, and as the holidays were intervening, he was asked to make it and acording to the terms of his partnership it was due to him, because he
took over the duties—the goods were delivered at the station here, and consequently they were delivered to Captain Maxwell in London—I took this affidavit at Judge's Chambers—the Judge reads affidavits, but his clerk would look at it first to see that it is right, that the Judge might not be annoyed by an abortive application—I went before Baron Huddleston, and took the affidavit with me—I gave it to Mr. Parkinson—I did not take it away with me; it is not likely, it was no use to me—I did not afterwards go and fetch it away—I do not know what has become of it; I am surprised to hear that it is missing—I have never seen it since—I told my father on the morning of the 7th or 8th that the wine had been received for Captain Maxwell, and he or I told Fletcher, Vaughan, and Co., I think, in June—I can't say whether my father told them before June, and it was not my duty between January and Jane to go down and tell them—they never asked about the action in my presence—they produced a letter to me on a subsequent occasion—I was present on December 31st, 1877, when they spoke about writing to Captain Robson—I heard Captain Robson's letter of June read months afterwards—I was not astonished—perhaps I may read the entry in the attendance-book—they did. not speak about it in May or June in my presence—two days before they read me Captain Robson's answer they asked me if Maxwell's money had been paid—I told them yes—that was the first time they had asked me about Captain Robson's letter, and I can only say that they have made a mistake in the date about my saying that the action had been defended—I did not talk to them about the action having been defended, because it was not commenced—something was said on 31st December about defending the action; it was commenced on 28th December—if you will read this paper (produced) it will save you a lot of trouble—when they asked me the question I told them that the bill was paid—I do not remember any conversation, except their saying "You, have received Maxwell's money," and I said "Yes"—from the time the money was received till then they never mentioned the matter to me personally, nor to my father in my hearing—I have got the books before and afterwards (produced)—we got the judgment of the Court of Exchequer in March. I think, but the rule speaks for itself, it is dated March 4th—the appointment with the Master was on 20th March by the book, but I did not go—Randell and Angier were the solicitors on the other side—I had nothing to do with giving them notice—I attended when there was to have been a taxation—I do not remember hearing them say then that they had only received the notice late the night before.
Re-examined by MR. SOLICITOR-GENERAL. This is the defendant's writing.—I saw it the following day—Mr. Vaughan came up, and saw him, and said that he had been thinking, he ought not to have sworn the affidavit, as tile goods were supplied by Fletcher and Co. before he joined the firm, and he thought it was in their name the action should have been brought—Mr. Levy said "You must not blame us for that, you must blame Mr. Thompson for giving me an invoice with Fletcher Vaughan's name on it," and I think Mr. Levy told him that he could raise the defence that he said nothing about Fletcher Vaughan, but about Fletcher and Co., but he said "No, that will point out the mistake directly," that was the purport of it—Mr. Fletcher has never suggested that I had denied receiving the money from January to June—I have seen a rough draft of the affidavit of 15th April, and I imagine it was the affidavit of Kahn at the suit of Nicholson's Discount Company—I believe there was a letter attached to the affidavit.
By the COURT. The partners in Fletcher and Co. on 15th January, 1877, were Fletcher, Robson, and Pickering, and so far as I can recollect Mr. Vaughan joined immediately on their going out, but I only speak from hearsay—Mr. Vaughan declined to swear the first, affidavit, Goatley's, which was drawn for him to swear, and then we changed "Vaughan "into "Fletcher," and he swore it, and some person in authority said that it would not do—we then made out a second, which is not produced in Mr. Fletcher's name, and then Mr. Vaughan, who had objected to sign an affidavit saying much less, swore one stating more—I did not hear what he said, but the result of what came from him was that I changed the name, and he signed a much stronger one without objection, but I put it that he did it to facilitate the sending down of the writ—we were losing days—there is only a Judge there on Tuesdays and Fridays—if you look at the attendance book you will see that we did not issue a writ till the 11th, when the instructions, are to write for payment, and then we wait till we get further instructions before we issue the writ—we are bound to get instructions before that to prepare the affidavit—I never troubled myself about the second affidavit after the writ went down to Scotland—I never had it back to look at—I cannot suggest anybody who would wish to look at it, but when I see the way affidavits are kept at Chambers I am not surprised that they are lost.
Saturday, May 3rd.
DANIEL LEVY (Cross-examined by the ATTORNEY-GENERAL). This is my letter book—I find here a letter written by my father on the 1st January, and three letters written by him on January 3rd, and one signed by him referring to the appointment which I stated he came up purposely to attend—on the 4th here is one letter written by him, and on the 5th one signed by him, on the 7th one written by some one else, and signed by him, and one written by him—on the 8th there are five letters all written by him—I believe the operation was that the stone was crushed, but I do not understand it—he had been attended some months ago for the same tiling, but he had never gone through an operation before.; they had tried some treatment for dissolving it I understand—the verbal authority I spoke of before the Magistrate was two occasions when my father had authority to do certain things; it was merely in conversation that it was stated—I said before the Magistrate that there was a request to pay something out of the county-court—the money had been paid in about April, 1878. (Some extracts from the depositions were here read to the witness.) Mr. Gibbs was the gentleman that found the money—I got fresh verbal authority in respect to Messrs. Fletcher and Vaughan's accounts—I stated last night that there was nothing more in writing beyond that retainer—when I gave that evidence I knew that I had got on 15th March, 1877, a written authority from Fletcher and Co., but I. did not mention it, because I was not asked the question, and I am going on with a further reason—I had looked for it before I went before the Magistrate, and as I could not find it it was suggested to me ahat it would be dangerous to say that we had such a document, unless we could produce it—I really do pot know who suggested it—I do not think it was my father—I took very; little instruction from him—it perhaps struck me as well.
By the COURT. This "8" (In one of the books) means 1878—the letters of the 3rd were written after the interview with Mr. Hall—I think only
one letter was written by my father on January 1st—that was to Denton, Hall, and Barker; it was only signed by my father, it was written by Mr. Wiltshire—all the other letters are put into the copy book before that letter, no doubt they were being written by the clerk while the other was being drafted; very likely that letter would be copied before a letter which he brought out—that letter is referred to in the letter signed by my father—all the letters of that day appear in the press copy book before that letter.
By the SOLICITOR-GENERAL. As soon as letters are written press copies. would be taken off by the boy in the office; no doubt while Mr. White head was copying that letter Mr. Levy sent out these three letters and the boy would copy them and send them to the post, that letter would be taken off the letter book and would appear later; no doubt Mr. Levy drafted the letter in the first instance, and while the clerk was copying it Mr. Levy would be in his room writing the other letter—my father was not there at all on January 1st; the letter written by him on that day had nothing to do with any business in the office; it is in different ink; it was written at home—neither this shield of Fisher and Co. or this "28, Leicester Square' (The stamped letter headings) would be copied in the book—my father was at home all day on January 1st; that was the day he underwent the operation—he was at the office on January 3rd, at 3.45; the appointment was for 4 o'clock, and Mrs. Levy came down with him—I do not know whether it would be called an operation, but he went through some treatment in April—he has been suffering from that complaint for a considerable time, both before and after—I was desirous of being able to produce the document before I referred to it, and I consulted Mr. Foulger in reference to it—the letter of January 1st is in different ink—it very often happens that a letter is written at home when Mr. Levy does not happen to be there, and it is taken down—I find by the postage book that the letter to Mr. Hall was posted on 3rd January, at 6.30—letters cannot be copied after they, are posted—I do not think Captain Maxwell's letter was written by Mr. Levy at all, it was certainly written before he came to the office, that I am very positive of—Maxwell's letter is signed by Mr. Fisher, and it is in answer to the letter Mr. Carpmael wrote, which was sent the very day that we endorsed the cheque—that is not the letter alleged to be missing; that is the letter of the 4th—that of the 3rd is the writting of the apology suggested by Mr. Carpmael; it has not been in evidence yet—this letter, J. C. Fisher and Co., per E. Levy, was written by my father—Egan's letter is not entered in the postage book—the letter of January 1st was addressed to Farmiloe, I think—letters delivered should be in this book as well as letters posted—this one to Mr. Farmiloe was delivered at 6.10—a letter written at the house must be pent to the office to be copied, because the book is never away from the office, but when or where it was written would not appear—as to that letter, neither delivery or postage is referred to.
WILLIAM FOULGER . I am clerk to Mr. Lomax, a solicitor—I was formerly in the employment of Fisher and Co.—I wrote this letter of authority on 15th January in the presence of Mr. Levergerer—Mr. Daniel Levy came out, I think late in the afternoon, and asked me to copy, from a draft the letter in question—I did so and returned it to Mr. Edward L. Levy—I went into his room for the purpose—he was there with Mr. Fletcher and Mr. Daniel Levy—Mr. E. L. Levy first read the letter and
then handed it to Mr. Fletcher, who signed it in my presence and Mr. Daniel Levy's—I affixed my signature as the attesting witness to the letter and returned it to Mr. E. L. Levy—on 19th December Daniel Levy came to me in Pentonville Road in reference to this document—I was seriously ill at the time—I was four months in bed—I had a recollection of the document because it was the only one that I attested with Mr. Fletcher, but I could not tell him the purport of it until he could produce it—I have not the slightest doubt about it now—the whole of it is in my writing except the signature "Fletcher and Co."—I left Fisher and Co. in March or April in consequence of the hostile feeling that Mr. E. L. Levy displayed towards me—we are far from being on good terms.
Cross-examined by the ATTORNEY-GENERAL. I left Fisher and Co. in March 1877, and went to Mr. G. R. H. Harrison for a few months—I am now with Mr. Lomax, a solicitor, of Brown Street, Golden Square—I went to Fisher and Co. a few days before or after Christmas 1876—I had known Mr. Fisher many years, I did not hear of his having any partner—I left in March 1877, and he died in June, 1878—he was there daily during the whole time I was there—he was my principal—"Fisher and Co." was on the door, but I should say that the business was Mr. Fisher's—many introductions were made by Mr. Levy and by me—the business in Leicester Square was also I should say most distinctly carried on for Mr. Fisher—he paid me; it was not Levy's business and Fisher only a puppet, it was a real genuine bond fide business of Fisher's; that I most distinctly say—it does sometimes happen that a man who is not a solicitor carries on a business in the name of a solicitor who lends his name—this was not I believe a case of that sort—my belief is that it was Mr. Fisher's business, but unfortunately his hand was bad, he wrote very indistintly; his mind was very clear, sometimes too clear, for sometimes he forgot to pay me—he was like summer and winter, two extremes, sometimes he paid pretty freely and sometimes not at all—he used to go down to the Court and instruct Counsel, and I have frequently been with him, but I have never been to the Court with Mr. Levy—Mr. Fisher saw many clients; he paid money into the bank, and I have frequently seen him draw cheques and endorse cheques—he was a very peculiar tempered man, ill-tempered at times; very genial at one time and the contrary the next—he treated me very well in the end—he was not a man of great intelligence—I should say of ordinary intelligence considering his impaired health—I should say that he was suffering from decay of nature, but not so much from old age; he could walk from 151, Asylum Road, Peckham, where he lived, to Chancery Lane, which is five miles—I never heard of his having an allowance from Levy of so much a week—he was tolerably sober, I never saw him the worse for drink, but I have heard he has been—I superintended the business that I introduced to Mr. Fisher at the Asylum Road, for which he paid me a salary and a commission which depended on his promise—he used to give me whatever he promised me, if I brought him a piece of business—I introduced business to him both at Asylum Road and at 28, Leicester Square—it would be to my welfare to get clients to the office, and then I was paid—I attended once or twice a day at the office, but generally speaking I was about the town trying to get business and sometimes in the country, any sort of business I could get, and that business I solely attended to under Mr. Fisher's supervision, not Levy's—I could not work with Mr. Levy, he was too
impetuous, too irritable, but I have seen him genial—I refused to work under Levy, and I was compelled to leave the office in consequence—I never did work under him—I was Fisher's clerk—there were other clerks in the office—Levergerer was the foreign clerk, and there was an office boy, and Mr. Daniel Levy, and one of his younger brothers—Levergerer did a great deal of the work introduced—there was a great deal of foreign correspondence—he assisted Levy I believe in that work as his clerk—I sat in the outer office if Mr. Fisher was not there, and I usually waited for him—his office was at the back of the second floor of No. 28—it was a separate room from Levy's—I used not to see the clients when they came—I saw Mr. Fletcher many times going up and down stairs, and in the office on two or three occasions—I knew him perfectly well—I did not see him for the first time when I signed the paper—he must have known me, but I had no beard then, it has grown during my illness, which was from October to February—this letter purports to be from Fletcher to Fisher and Co. Q. Is it usual to attest letters in this way? A. It was usual in this case, and I remember the father said to Mr. Daniel, "Have that stamped at once." I remember that distinctly—he said that the very moment Mr. Fletcher left the room—the prisoner and Daniel Levy and Fletcher and myself were there—I have a perfect recollection of it—I did not know Mr. Vaughan at that time—if the prisoner had brought out that draft I should have refused to copy it, but Mr. Daniel Levy brought it out—I was on very good terms with him, and would do anything to serve him—I do not think any solicitor knows his business better than E. L. Levy, he has plenty of intelligence—I do not know whether it is his habit to get agreements stamped because that is the only one I had jo do with—the penalty for not getting a sixpenny agreement stamped would be 1l., but it is 11l. above sixpence—I have attested several documents for Fisher and Co., but I never attested a letter for Mr. Levy before.
Re-examined. I was in the office of Fisher and Co., I think, from the latter part of December to the latter part of March or the beginning of April—I have not the slightest friendship for the prisoner—I left in consequence of his overbearing manners to me, and I introduced my business elsewhere—I had known Mr. Fisher many years, and had been familiar with him—I had often seen him in the neighbourhood of Asylum Road, and often introduced business to Mr. Skinner there—that was not at the time I was in the office—I have not the slightest interest in this matter beyond telling the truth—I do not know whether Mr. Fisher's banking account had reference to the Leicester Square business, but I have seen him draw and sign cheques during the Leicester Square time—the affection of his hand was palsy—he had great difficulty in writing, but he used to sign daily—I find that my second entry, "Watson and Ross," in this call book is on 2nd January, 1877, that was after my return from my Christmas holidays—I find Fletcher's name on 15th January in my writing, and have not the slightest doubt that he called there that evening very nearly last—I had not seen the book till this very moment since I left the office.
By the COURT. If the clerk was engaged, I put down the names of those who called—if you go on you will see many names put down by me, but I was not supposed to keep the book—Watson and Ross called while I was there, and no clerk was present—I put them down without reference to
whether they were clients or not—the whole of this paper (produced) is in my writing except the name "Fletcher"—these words," Witness W. Foulger," were written by me after Mr. Fletcher had signed his name—I swear that most certainly—I can account for the difference in the ink—looking at the name Fletcher in the call-book and the name Fletcher on the guarantee, I swear that I did not myself write the "Fletcher and Co." on the guarantee—there are two inks in the office, copying ink and ink from which we could not take any impression, but I should say that this document is all in copying ink—I think Fisher and Co.'s account was kept at a branch bank of the London and County—I have seen Mr. Fisher draw cheques and endorse cheques to be paid into the bank—lie managed to draw cheques almost daily, but I never had one of his cheques, he always paid me money—he never paid my commission by cheque, it was so very small, we did so little business and I was there a very short time.
WALTER GEORGE WHITEHEAD . I was in the office of Fisher and Co. from May, 1877, to April, 1878—in December, 1877, I was directed by Daniel Levy to prepare a draft form of affidavit intended to be sworn by Henry L. Vaughan—the body of the draft produced is in my writing, but the corrections are not—I afterwards engrossed the affidavit of which this is a draft, and Mr. Fletcher ultimately swore to it—the alterations are Mr. Vaughan's—I did not prepare an engrossment for Mr. Vaughan—on 3rd Jan. either Mr. Fisher or Mr. Daniel Levy, I should not like to swear which, handed me a cheque with the paying-in slip book, and I took it to the bank and brought the book back—whoever gave it to me it was in Fisher's presence—Mr. Lewis Levy was not there—it was between 11 and 12 o'clock, before dinner time—this is the cheque, and I believe this is the paying in slip (produced)—the amount and date correspond—Mr. Levy came to the office that afternoon about 4 or 5, or 5.30—this is my letter to Mr. Carlisle—I wrote it partly from dictation and partly from Mr. Fisher's instructions—when I had writtten it I read it over to him, and he approved of it and signed it—this is his writing.
Cross-examined by the ATTORNEY-GENERAL. I left Fisher and Co. of my own accord—I was not discharged—Mr. Levy made no complaint against me, but a disagreement took place between us—the only conclusion I can come to so far as the wording goes, is that the original affidavit was intended to be signed by Vaughan—this (another) is the draft of an affidavit afterwards sworn by Fletcher before Mr. Goatley—here is a statement in the draft: "Captain Maxwell is jointly indebted to my co-partner and myself in 114l. 10s. for goods sold and delivered, &c."—I do not know why Mr. Vaughan did not sign that affidavit, I was not brought up as a lawyer's clerk, I am simply a correspondent; my copying is mechanical—I do not know whether it was because he could not swear to it because the goods had not been delivered—at the top of the draft "Henry Lewis Vaughan "is struck out, and in the margin is inserted Henry Lewis Vaughan and Philip Shaw Fletcher, and then there is a paragraph—I should say that that is in Daniel Levy's writing—I go more particularly from the last paragraph—I should not like to say in whose writing this Henry Lewis Vaughan is; but this Philip Shaw Fletcher is Mr. Daniel Levy's to the best of my belief—this Philip Shaw Fletcher in the engrossment to the affidavit is decidedly Mr. Daniel Levy's—I have no hesitation about it, and this paying-in slip also—there is a counterfoil of it—the cheque would be given as usual inside the slip-book,
and the bank clerk tears off the counterfoil and keeps it—they kept a paying-in book, and I should say it is in Daniel Levy's writing—I sit in the outer office; there are four rooms, all on one floor—the clerks sit behind a partition in the entry room—you can go through the clerks' room to the other three rooms, but there are two doors on the staircase besides—Mr. levy had one room, and Daniel sat there with him some part of the time—Pickering had a large room at the back, lighted by a skylight; that is where Mr. Daniel used to sit the few months I was there—I was frequently sent to the bank, but not generally—the London and County, Henrietta Street, Covent Garden, was the bank of the firm—I cannot say at what time the prisoner came on the afternoon of 20th December or on the 21st or on January 8 or on any day except 3rd January, and I have a reason, because there was an appointment with Mr. Hall to meet him which I had to write about, relative to a case which will come on in connection with Worth's affair—Mr. Levy was collecting debts for Worth—I do not know what Hall had to do with it—the only question I have been asked was whether Mr. Lewis took my evidence down—I don't think he asked me whether I could remember whether it was on the 3rd that Lewis Levy came to the office—I do not think I have been asked by anybody else whether I remembered at what time he came to the office—I do not think I have had the letter-book in my hand till now—this is my writing, and I see by the postage book (produced) that the letter was posted by me; it is initialled by me—all the letters which have W. G. W. were posted by me—Mr. Fisher engaged me—I took all the cheques for the firm to the London and County Bank, Henrietta Street—I know of no other bank, but I believe Mr. Fisher did have another account, which I know nothing about—I believe he was trustee for certain matters, and kept an account, but I never went to any other bank for him—I cannot say whether I ever saw a cheque drawn by him upon any other bank.
Re-examined. I have paid in cheques at Ransom's Bank—that was for Mr. Levy, to his private account—I did not know that Mr. Levy was to undergo an operation on 3rd January, but I know that for several days before and afterwards he was irregular in his attendance—I know he was suffering from stone, and I heard afterwards that he had undergone an operation—he came with Mrs. Levy—he was looking very ill, and I even advised him to stop away from the office—I am certain he came late in the afternoon—I know it was almost posting time; we were copying letters and getting them ready for post.
By the COURT. I posted all the letters on Friday if they are initialled—I posted one to Mrs. Daniels at 1 o'clock—I do not remember anything about it; but during the irregular attendance of Mr. Levy, letters were written at his private house and brought down to the office—I know the name of Daniels, but I know nothing about the contents of the letter unless it is in the letter-book—I posted it at 1 o'clock; that is when I went out to my dinner.
WALTER EPHRAIM GOATLEY . I am a commissioner to take affidavits—I know Mr. Fletcher by sight, and know that he swore this affidavit—it was riot like the case of a stranger—these are—my initials to this attestation, which I remarked upon at the time to Mr. Daniel Levy—I saw Mr. Fletcher sign his name.
By the COURT. My duty is simply to swear the person—I do not know
who would affix the stamp—I have nothing to do with it—it would be brought to me unstamped.
FITZROY GARDNER (Re-examined). The stamp is put on by the solicitor's clerk, and the obliteration should be done at Chambers by the Judge's clerk, but if he did not take it there would be no obliteration, and then the stamp could be taken off.
GEORGE ROGERS HARRISSON . I have been a solicitor since Michaelmas, 1861, and have had experience in the taxation of costs—I have been through this bill of Fisher and Co.'s—the charges here set down, subject to diminution on taxation, are very reasonable.
FREDERICK GEORGE NETHERCLIFT . I have made handwriting a study for 30 years—I have looked at the genuine admitted signature of Mr. Fletcher to this affidavit, two letters signed "P. S. Fletcher" directed to E. Levy, Esq., and a letter of Fletcher and Co., which I have here—looking at the document of 15th January, 1877, and the signature of Fletcher, my judgment is that they are written by the same person—I find that the admitted signatures vary very much indeed, I can show you four which, when put in juxtaposition, are not at all like each other, and it would be a very hard matter to say that they were all written by the same hand; they vary very much indeed—I am able to detect what is the ruling character, so as to detect what is genuine and what is not—I believe this is a genuine signature; I should not like to say that it is not—I do not think this word "Fletcher" in the call book is written by the same person, the character is quite different—the habit generally is to form a perfect "T" and add a little dot, but there is no "F"—sometimes it is connected with the "I" in a very peculiar way, it does not pass through the downstroke at all—I cannot find in any of the admitted signatures anything like this "F" in the call book; the "Fletcher" in the call book is certainly not by the same person; I express that confidently.
Cross-examined by the ATTORNEY-GENERAL. The signature to the guarantee agrees with all the genuine signatures.; I find the same characteristics, and I then go through them; one of them is making "Co." like "to," and "&" for "and"; the "Co." anybody would take for "to" plainly—F and T are exactly alike till you cross the F, and instead of putting a dash in the middle he puts a dot—here is a genuine signature in which he does not touch the "T" at all; I call it "T" because it is a T until it is made into an F—sometimes he leaves a marked space; that is a very distinguishing feature in the guarantee—another feature is that his general inclination is to make the top of the final "o" go to the left; there is a horizontal dash, I mean, when he has finished the "o"; they all present that peculiarity—I have marked the cheque "7 A," and upon that I find one exactly like it, and it is so in the signature in question, only it is turned to the right, but they generally are to the left; that shows against it being a forgery because the forger would imitate the signature—the next peculiarity is the "c" in "Fletcher," and the other is like it—if any one is forging a name he ought to make it as like as he can; his eye should be fixed on the "F" and on the "Co."—in forgeries the peculiarities of the hand are always copied—there is no general resemblance between the "Fletcher" in the call book and the signature to the guarantee; the top of the "F" is different and the cross—if I were to ask two or three persons to write, you would find several of them as much like it—I write every hand; I have written the Lord's Prayer
in 150 languages—I am a lithographer as well—I will write the word "Fletcher "if you wish it (doing so)—I am so much in the habit of imitating copperplate that I do not write a very free hand—I am in the habit of imitating writing—in my view this "Fletcher and Co." to the guarantee bears as much resemblance to the "Fletcher and Co." in the call book as to any other; it is as little like it as the writing of anybody—there is a decided peculiarity in Fletcher's "r "at the end of the word; sometimes he does not define the "r" at all, but this is a very nice one; here is one which has come to an untimely end, it is an "i"; he sometimes writes "i," and no "r"at all.
Re-examined. I have made a written report—this cheque, 7 A, gives the peculiarity I mention—I made a memorandum of it a week ago, and here it is in my pocket—it is sometimes very difficult to tell whether writing is feigned or genuine—anything copied from an exemplar would not exhibit freedom, not if it was traced on the window; it would be what you call a painted hand—there is no trace of tracing here; I have examined it with a very powerful glass, to see if pencil marks have been rubbed out, and I can see nothing of the kind—it appears to be genuine, and brings in the character, not of one but of several documents—every handwriting has a character of its own like a countenance—it is always more difficult to come to a just conclusion where a man varies his signature; if he always signs the same, it is much easier—I could take two of these signatures, and you would never suppose they were written by the same person—I have written "Fletcher," but I did not try to imitate, I wrote it according to my usual scribble—I do not think the Fletcher in the call-book bears any of the characteristics of the genuine writing, but the signature to the guarantee does.
By the COURT. I see the two words "County Court" here; the first "C "is different to the other, one has an open bow to it and the other has not—comparing that with the "c" and "o "in Fletcher and Co., there is not the slightest resemblance; but one is a final "o" and the other is not—there is not a faint resemblance; these are bows filled in in the act of writing—I should not say that there is the faintest resemblance, except that it is an "o"—I should say that they were not made by the same person.
Witness in Reply.
CHARLES CHABOT . I have for a great many years directed my attention to the investigation of handwriting, and in forming a judgment as to whether signatures are forged or not—I have examined these 14 admitted signatures, but I do not like to express a very positive opinion as to this signature to the guarantee after hearing that three eye-witnesses saw it done, and therefore if I were to express a positive opinion, it would be to criminate those persons and charge them with perjury, but if you ask my opinion I say that I doubt it being a genuine signature, but of course my opinion is affected by having heard the evidence, which I am bound to respect—to the best of my belief it is not a genuine signature—looking at the genuine signatures, I find that the "r" in Fletcher in two of the genuine signatures departs from a peculiar formation of the "r," which distinguishes the handwriting of the genuine signatures; that the "r" in the disputed signature is not at all like either of those I saw—I am referring to two exceptional "r "s; the "r", in a document numbered 1 of May 4th, 1875, and the "r" in the document of July 24th, 1875—those are formed in an. exceptional manner from the
distinguishing letter "r" of Mr. Fletcher's signature—they are different from Mr. Fletcher's usual "r," and those in the signature in question are totally different, not at all like Mr. Fletcher's habitual "r"—in the disputed signature the "F," the "1," and the "e "in "Fletcher "are freely written—the "t" betrays hesitation of hand in the upstroke connecting the "c "with the "h"—it betrays nervousness of hand until We come to the second "e"—then comes the difficulty of the signature; it appears here that the person who has copied this signature has copied it from a signature which possesses the habitual and distinguishing "r "of Mr. Fletcher's signature, and naturally lifted his pen to consider—it is as clear as possible that the pen has been lifted after forming the "e;" then the distinctive "r" of the signature appears to have been misunderstood; in some of the signatures if seems like a little dash, but it is more than that; here is a strong distinct dash by a strong pressure of the pen, and there is no such thing in the ordinary signature, and there is no tendency in Mr. Fltetcher's writing to that backward strong touch of the pen'; then there is a clumsiness in the "cher & Co.;" the "Co." in particular in Mr. Fletcher's writing could be very easily imitated, but there is a great lack of freedom and a heavy pressure of the' pen in the upstrokes; it seems to be more plainly written; all Mr. Fletcher's signatures are carelessly written, and the worst of these signatures, and which I might be inclined to doubt, is that of 25th April, 1877, but that possesses the peculiarity of the final "r," seeing which I should accept that as a genuine signature—then the crossings of the "t" and the "h "are at the top of the letters; but they are not always on the top; they are sometimes nearly at the bottom, and sometimes a little higher, so that wherever "it is put it cannot assimilate to the genuine signature—then the Fletcher and Co." is not in the same ink as the "Witness W. E. Foulger"—I have looked at the final "r" through a magnifying glass, but it scarcely wants that; it only shows more distinctly that the pen has been lifted up and put down again suddenly to make the "r," which is a simple dash of the pen, nothing, more—Mr. Fletcher in his signature does not lift his pen when he comes to the "r;" he never forms the "r "in such a simple manner as this; nothing, could be more simple; it is merely a strong dash; there is no form at all—I have mentioned that in the signature of the disputed document there is a very heavy pressure of the pen on the upstrokes, and this word "Fletcher" in the call book on 15th January, 1877, is distinguished by that' peculiarity; the upstrokes are very fairly written, but beyond that I can say no more—I am not able to say that the person who wrote one wrote the other, but I do say this, that I should be quite as much inclined to think that the signature "Fletcher" in the call-book was a genuine signature; in the disputed signature the "r" in "Fletcher" in the call-book is something; like Mr. Fletcher's distinctive letter "r"—I have seen very little of Daniel Levy's writing—I have seen it on a credit slip, which he admits to be his writing, and a spurious signature to a county-court request; it is a signature of Fletcher, Vaughan, and Co., not written by them, and which is alleged to be a forgery—I mean that' I have seen a name, which is not Daniel Levy's name, written on a document, and it is admitted to have been written by Daniel Levy—the signature to which I refer is not in his natural writing, but this endorsement "Vaughan & Co."on the cheque has a resemblance to it—I do not consider it is his natural writing—it bears no resemblance to the signature of Flecher, Vaughan, and Co.
Cross-examined by the SOLICITOR-GENERAL. My knowledge of Daniel Levy's natural writing is from this writing on the credit slip, "Jan, 3, J. C. Fisher & Co.", and I think I saw some more of his writing last Nevember in the other case—I have seen two signatures in a county court book—those are natural signatures—I took these tracings from them (produced)—I have two specimens at least of Levy's bond fide writing—the credit slip exhibits a different style to this—both are genuine, but one is in an upright and the other in a sloping hand—those are the exemplars by which I arrived at an opinion—I have got from them a good idea of his general writing—they are both in his general writing, but they differ in one being sloping and one upright—in the same way here, is my upright writing—these 14 documents differ from each other in Fletcher's signature—he varies his signature—I quite agree with Mr. Netherclift so far—it is a fact, it is palpable—the four selected do differ from one another, but they are all freely written, carelessly written, and there is no appearance of drawing or copying—if any one of these four signatures was given to me and the other three were admitted to be Fletcher's genuine writing, and I had heard him deny the fourth, I do not think I should be able to say that it was his—I am not able to speak to every signature of Mr. Fletcher's; but I am to some, and this is one.
NOT GUILTY .
THIRD COURT.—Friday, May 2nd, 1879.
Before Mr. Common Serjeant.
496. ISABELLA FRAZER LLOYD (48) PLEADED GUILTY to publishing a libel on John Lloyd, in the form of a letter addressed to Mary Jane Kruse.— To enter into recognisances to appear and receive judgment when called on.
MR. PURCELL Prosecuted; and MR. GRAIN Defended.
MAX TOSETTL . I am London manager of Messrs. Duellin and Co., wine carriers and forwarding agents, Great Tower Street—the prisoner was in our service as Custom House clerk, from June, 1875, till July, 1878, when he was discharged—it was part of his business to pay duty to the Custom House to clear wines—with regard to champagne we keep a running account with the Treasury—we pay in 50l., or 100l. to meet calls, that is called prime entry—we pay the specific shipments on other wines on Custom House entry—when bills of lading came in it was the prisoner's duty to come to me for a cheque, which I always entered in this cash book (produced) and before I gave him the cheque—there is no entry on February 6th or 7th, 1877—I was not in town then; looking at the entry on 8th February, I say that I paid out a, cheque for 75l. on that date—I gave it to Mr. Mensendorff, my brother-in-law; in my absence the firm obtained cheques from him, and this cheque (produced) is drawn in his favour. (This was dated 8th February, 1877, on the Union Bank of London, Princes Street; 75l. "Bearer" struck out and "Order" substituted. Signed p.p. "S. Duellin, A. Tosetti," and endorsed "J. P. Hinckel.") Mr. Hinckel is Mr. Mensendorff's manager—it is the practice for the Custom House to have receipts in duplicate, that they may retain one and return the other to the person paying in money—we place the receipts returned to us on a file—I have searched the file and find no duplicate receipt for 50l. or 40l. on the 6th February, 1877, the
money paid in by the prisoner—I find all the other receipts for that year for prime entry—I find this receipt for 25l., paid in on the 7th of February (produced)—this receipt dated the 6th of February, 1877, for 40l., is in the prisoner's handwriting: "Treasury Custom House, London, 6th February, 1877. Received of T. H. Butcher 40l."—the receipts are made out by the clerk who pays in the money.
Cross-examined. I would not swear that no sum beyond 40l., was paid to the Customs on the 6th February, 1877—I know that other sums were paid on that date—I cannot tell the exact amount or whether we had a duplicate receipt on the file—we have not searched except for prime entry receipts—prime entry is for goods passed to our entry before the goods are landed—the payment of 40l. was for prime entry, the other for warehouse entry—no money goes to the Customs except in respect of duty, but we keep two separate accounts—payments to the Customs have nothing to do with payments to dock companies or warehouse rent—the prisoner was our Custom House clerk and collector, and was the person who almost invariably had to pay the moneys to the Custom House for duties—I have never paid in there myself; practically the prisoner had the conduct of all the departments of that business for both branches—we received our goods by the Great Northern of France, and the South-Eastern Company, via Boulogne or Folkestone, and we had originally a through rate with the South-Eastern Railway Company for the carriage and delivery of all goods—this did not include duty—the South-Eastern agents passed the Customs entries—the company or their agents undertook to do all the necessary business to get the goods to London and we paid them—we did not want the Custom House clerks to pass entries at that time—we altered that arrangement and arranged with the General Steam Navigation Company to bring our champagnes, and those consignments came to London by that company—it then became necessary to pass ourown Customs entries, and the prisoner was taken into our employ for that purpose—we considered it better that all consignments should be entered in the name of Butcher at the Customs House and not in our name—that was not in consequence of any canvasser oalling; those consignments were afterwards entered by the prisoner in the name of Butcher, by my orders—I know that this was a payment of 9l. 5s. 7d., in addition to the 40l.—there are duplicate receipts given in bundles by the Customs in this form, and not bound up in a book, and we can go to the Customs and receive a number of them—I do not know if they are given out in blank—this is the half which is filled up and left with the Customs; the duplicate is given-to the clerk—these would be put on a general file for all of kinds receipts and other documents—there are a great number of documents in our business—we had what is called a deposit account with the customs, like a deposit account at the docks—we paid an account to save sending every time, and it enabled us to clear at our convenience; 50l. was a proper amount to be paid in for that purpose; and the prisoner would have the best knowledge as to the amount of duties required—he kept a small book in which he had to enter every day the payments on account to the Custom House, and the duties he had to pay, so that he could see daily what balance we had at the Custom House—his duty was to see that the balance was correct every day—we have one deposit account with the Customs, but we keep two separate books—duties paid at warehouse would not pass through that deposit account—when goods are warehoused
and entry passed by the Customs, we pay the fixed amount of duty upon the entry; therefore we have no account to keep with the Customs of that—I was absent on the 6th February, and did not draw this 9l. 6s. 5d. cheque—Mr. Mensendorff did not draw a cheque for that amount, he only drew the two cheques for 50l. and 25l., one on the 6th and the other on the 7th February—the prisoner passed the warehouse entries and he collected for us, and I am-charging him with embezzling a number of sums which he collected, and which are mentioned in the indictment—I am practically the head of the firm here, and hare instructed the solicitor for this prosecution—this is in respect of the sum he is alleged to have received from Messrs. Black and Gayford—I have seen his receipt, and will swear he received that sum—I have no charges here against any other clerks—I have clerks here as witnesses—Mr. Gillingham is not here—I know something about the prisoner having been sent by my bookkeeper to collect from Black and Gayford 5l. 2s., which had been some time before collected by another clerk, but I don't know of my own knowledge—I know from what the book-keeper has told me there were two amounts of 5l.—there was a mistake—I do not know much about it—my business is mostly out of the office—I know there are amounts collected by the prisoner not accounted for—there were over 150l., and we might bring 20 indictments—we have brought several indictments—he came into our service in 1875—my book-keeper is very careful, but there is great detail in our business, and a mistake might occur here and there—the collecting was done only on Saturdays, but he would have to do his Custom House work too, if any, or another clerk might assist him—he had not much Custom House work when he had to collect—there is a general book in which the collecting, clerk should enter the particulars of what he has collected—there is no book kept at the office for all clerks to enter money collected—the prisoner had strictly to pay over the money to the cashier, and if the cashier were out he would have to wait till he returned—I do not know if he would take the money away with him, but he has to account first to the cashier—if he found that a sum of 50l. was required for duties, he would go to the cashier and say, "I want 50l."—we always pay in to the Custom house either 50l., or 100l., or sometimes 200l.—this (rough diary) is the book in which he would enter all payments on prime entry—there is nothing here but "Paid in, 50l."—it is a record of what he receives and pays in—the book belongs to the office, and he has no right to carry it about with him—there would be nothing wrong in keeping it in his desk—his duty was to put down the 50l. when he paid it in—it would be irregular to enter the payment directly he receives it, because this book is a record of amounts actually paid in—the book was kept to ascertaiu the balance every day at the Customs—When he received the money it was his duty to go at once to the Customs and pay it in—he might have sent it down, but it would be his duty to go himself, and the receipt for the 40l. is in his own handwriting—other clerks have paid in deposit accounts, and they might do so in the absence of the prisoner—if he had a great deal of business to do I might have sent another clerk—it was his special duty to so down.
Re-examined. The receipt for 5l.;2s. is in the prisoner's handwriting.
EMILE BRESILLION . I was cashier to the prosecutor's firm in February, 1877—on February 6th, 1877, the prisoner required a cheque for the Custom House—Mr. Tosetti being absent from London, I said, "Go to
Mr. Hinckel and get one"—Mr. Hinckel is the manager to Mr. Mensendorff—I saw the prisoner again in the afternoon, and asked if he had got the cheque and paid it into the Custom House, and he replied that he had done so—the amount was 50l.—on the next day a sum of 25l. was wanted, and I again referred him to Mr. Hinckel, and on my asking him afterwards if he had got the cheque and paid it in, he said he had—these two entries, February 6th, 50l., and February 7th, paid in 25l., are in the prisoner's handwriting—in consequence of a change in the firm from May 1st, 1877, it became necessary in June to make up the accounts to April 30th, 1877, and I examined the rough diary—I found an entry of March 6th, 1877, of 24l. paid for goods ex Concordia in the prisoner's handwriting—I cannot tell if that entry was still in the book when the prisoner left the service, but it was gone afterwards, and the page was missing covering the dates from the 14th of February to the 14th of April—I drew the prisoner's attention to the entry of 24l., and asked him how his entry was 24l. when in our book it was only 14l.?—I could see what the proper consignment should be, because I had to check it in my journal—he said, "It is surely a mistake; I will see at the Custom House and let you know in the afternoon"—he told me in the afternoon that he bad been to the Custom House and found he had overpaid 10l.—I then asked him to make an entry in the consignment-book (produced), and he then wrote this entry, "Oyerpaid, 10l."—there are several entries of overpayments—it means that we have to get the 10l. back from 'the Custom House, or to have it put to our credit—at the beginning of 1878 the prisoner made up this account (produced) for moneys overpaid and bottles short and broken, and it was sent to the Custom House—it is in his handwriting—there is an entry, "6th March, 1878. Concordia from Boulogne, 280 gallons, 10l."—the Custom House send a certificate—there was a dispute with the Custom House as to 10l., and I went with the diary to the Custom House on March 27, 1879, and in consequence of what I then learned a warrant was applied for in this prosecution.
Cross-examined. The entry "Overpaid 10l." was made in 1877—I cannot tell the exact date—this (produced) is a statement of claims we have to make to the Custom House authorities for overpayments—overpayments would be on prime entries only—in a great number of cases overpayments were made—we only go once a year for them, as we could not get; the clerk to make out the accounts—he left our service on the 8th July, 1878—the account was made out long before, but we did not go to the Custom House till March, 1879, I had not this document—the prisoner sent the account to the Custom House before he left—it is made in our office, and is in the prisoner's handwriting, and states that he had overpaid 10l.—I said at the police-court "In a morning we are pressed with business; if I was not there Mr. Butcher would leave a message what was wanted for duties"—that is correct—another clerk would sometimes take down the cheque in the prisoner's absence.
Re-examined These red ticks are the Custom House checks—against the entry of 10l. there is no red tick, because they would not allow the claim.
Cross-examined. I have this other receipt (produced)—this receipt is for prime entry, and the other for warehousing—I said at the police-court "A
receipt being made out by one person is not always brought by that person, another person may bring it, and pay the money"—until to-day I have not produced this document.
JOHN JACKSON GOSSETT . I am the principal in the Checker's Office (of audit branch) at the Custom House—we audit the accounts—I produce the prime entry ex Coneordia ("14l. 6th March, 1877, T. H. Butcher")—there was no over-payment on that occasion—the money is actually paid to another department—I have nothing to do but check the quantity el goods brought into the country—I see the document upon which the ditty is paid—if any quantity is overpaid the clerk enters it in the book.
MAX TOSEFFI (Re-examined). On the 29th January, 1877, I gats the prisoner a cheque for 9l. 6s. 7d.—he asked for a cheque lev duties on cordials, a warehousing entry—he gave me particulars—I cannot say if the ship was mentioned—we enter the particulars en the counterfoil—(Reading) "Duty on six eases cordials ex Metropolitan, Kent, Harding, Richardson, and Thomas, 9l. 5s. 7d., an open cheque"—he must have asked me for an open cheque, or I should have crossed it—the date is 29th January—as receipt for the 9l. 5s. 7d. corresponds with the cheque produced—that cheque was given to the prisoner, and it should have been paid in immediately—the deposit account at the Customs is in the prisoner's name, because the name of the person who pays the duty is written on the cases, and many of my easterners objected that our name should be on the cases; they preferred to have a same which is not easily to be identified on the cases—in warehousing entries it is our own name, and for other entries it is the name of Butcher.
MR. GRAIN submitted thai there was no larceny, the money having been given to the prisoner to pay into the Customs in his own name, it being, therefore, his money to all intents and purposes as regards ike Custom House. Mr. Purcell contended that the evidence showed that the prisoner did not pay it in, but appropriated the money. The Court declined to stop the case.
JOHN PETER HINCKEL . I am manager to Mr. Mensendorff, wine agent, 6, I do I Lane, and I draw cheques for Mr. Mensendorff—on the 6th February, 1877,. seme one came to me from Mr. Tosetti's, and asked for a cheque for 50l.,. which I gave him—this (produced) is the cheque—I cannot say who came for it—is was one of the employes—on the next day the same clerk also came tor a cheque for 25l., which I gave him, and a day or two after wards I received Mr. Tosseti's cheque in repayment.
Witness for the Defence.
JAMBS CHAMBERS ROE . I am principal clerk at Thompson, Clarke, and Co.'s, wholesale tea dealers—the prisoner was in their service from 1868 to 1872, and during that time bore the character of an honest, upright young man.
Cross-examined. I have known him since—he was our Custom House clerk—I know his handwriting—I should say this (produced) in his handwriting. (Read: "22 and 23, Great Tower Street, London,. E.C, M. Tosetti, Esqre. Dear Sir,—I can hardly tell you the shame and sorrow I feel in having to confess to you that I have given a receipt for 53l. 6s. to the Custom House which was overpaid for duty on wines at Waterloo. I
have at present 33l. 10s. of the money, which I now hand over to you. I can hardly hope you will forgive me, but if you would allow me to repay the balance I have misappropriated I will faithfully do so. Oh! sir, for the sake of my father and mother, do not Jet them Know about this. The confidence which you have placed in me will, of course, cease, but I hope that some day I may be able to ask you if you will again rely on me, and that you will be able to answer Yes! The reason or cause of my taking the money was that at the time I entered your employ I had got into debt and did not get out of it, although I tried hard to do so. When I held the money in my hand I thought I would be able to repay it before you would press the Customs for it; but now you have said you were going to see Mr. Thorpe I must confess what I have done. If you would only allow me to remain in your employ and work to pay off the amount, you will save me from ruin in every way, body and soul. I could never look any one in the face at home. Again praying for your mercy, I am, your obedient servant, Thomas Hawkes Butcher."
GUILTY .— Six Months' Imprisonment.
THIRD COURT.—Saturday, May 3rd, 1879.
Before Mr. Common Serjeant.
MR. GRAIN Prosecuted; and MR. PURCELL Defended.
JOHN ISAACS IRVING . I am a solicitor at 30, Wellington Street, Strand, and was the solicitor for Mr. George Stevens, the present prosecutor, in the action of Stevens v. Claxton—I received instructions to take proceedings against, the prisoner, and served him with a copy writ with special endorsement—this is the original (Read)—he appeared in person to it, and I in due course took out summons under order 14 to sign judgment for want of a defence—I filed affidavit, issued summons, and obtained order at Chambers to show cause why judgment should not be signed—this is the summons, 4th March, 1878 (Read)—on the 6th March, the day the summons was returnable, the prisoner called on me at 77, Chancery Lane, and made a proposal that having sold the horses and not being able to get the money, and his position being precarious, he signed this memorandum: "I consent to an order for judgment for 123l. 17s. 3d. and costs to be taxed. John Claxton"—at Chambers, on attending summons, he repudiated it—I filed this affidavit by Mr. Stevens in support of the summons. (This claimed 200l. for four horses purchased by the prisoner for 240l., less 40l. deposit, and that by letter (Exhibit A) the prisoner had admitted a balance of 123l. 17s. 3d.; to that affidavit this letter of the prisoner, dated October 27th, 1877, was attached, marked A, stating that Stevens had brought to his (prisoner's) stables as livery, four horses, at 3l. per week, and ultimately agreed to sell them to him for 60l. each; that he paid him 40l. deposit, the balance to he paid when the horses were sold, but on examination they were found to be unsound, that he sold the bay mare for 58l., the black horse for 40l., and the pair of chestnuts for 110l., and deducting therefrom for keep of horses 30l., shoeing, commission, &c., 44l. 2s. 9d., and deposit 40l., left a balance of 122l. 17s. 3d., which the prisoner admitted to be due. The affidavit repudiated the plaintiff's claim of 200l. on the ground that the horses were unsound and unfit for use.) The result was that the Master made an order giving leave to defend; and that is endorsed on the
summons—I felt dissatisfied at the Master's decision and appealed against it to the Judge in Chambers—Mr. Parkes attended on the prisoner's behalf, and the Judge made an order that unless the prisoner paid the 200l. into Court within a specified time judgment would go against him—he never paid in the money or any part of it and we signed judgment—I wrote him a letter for payment but had not been able to obtain anything.
Cross-examined. My clerk has left my employ and is not here.
STEVENS TRIPP . I am a solicitor at 12, Burleigh Street, Co vent Garden, and a Commissioner for Oaths in the Supreme Court of Judicature—I administered the oath to some person calling himself John Claxton, whose signature was attached to this document on the 8th March, 1878, and the person producing the same swore that this was his signature, and that the contents of the affidavit were true.
Cross-examined. I do not know if he was alone, and have no recollection of the prisoner, I swear so many affidavits.
HENRY SUTTON . I am a jobmaster, of; Harley Hews, North Harley Street, and know the prosecutor and the prisoner—I knew the prisoner at the end of 1877, and had dealings with him before then—I recollect his selling me a bay mare for 50l., I think, and a black horse for 40l.—I paid him for both of them and took receipts, but I cannot find the receipts—some time in the same year Mr. Stevens came to me, and I then had the receipts, and allowed Mr. Stevens to see them, and left—them on my desk for him to copy them—I found him the paper for the purpose—this (produced) is the paper; it had this stamp upon it (5th December, 1877, 40l. Black horse, October 7, 1877, 58l. Bay mare, both signed "John Claxton")—I have the horse now, but sold the mare because it went lame—I did not return them to the prisoner on the ground that they were unsound or obtain the money back from him.
Cross-examined. I have been threatened with proceedings by the prosecution after I was summoned at Bow Street—I have purchased a number of horses from the prisoner—I have known him four or five years, and never knew anything against him or bad any dispute with him—the money referred to in these receipts was paid by instalments.
Re-examined. I had paid him all the money before Christmas, 1877—I have a good many transactions in horse-dealing.
GEORGE STEVENS . I am a butcher, at 5, James Street, Oxford Street—in September, 1877, I had four horses for sale, and saw the prisoner at Dorset Mews, and he said "If they are good ones I can sell them," and it was agreed that he should keep the horses for 3l. per week, and have 5 per cent commission for selling them, the 3l. per week to include man for cleaning and everything—I fetched the horses up from the country a few days after, and took them to the prisoner's place in Dorset Mews—he had them there some ten weeks, but did not sell them, and at last he agreed to buy them for 240l., including all expenses previously, and to charge nothing for keep and shoeing; it would have come altogether to about 270l., including keep, &c.—he agreed to pay me 40l. deposit on the following Saturday, and the balance, 200l., within a fortnight—he said he would either pay me 100l. the Saturday after the deposit and 100l. on the Saturday after that, or pay me the 200l. all together on the second Saturday—he paid me the 40l. cheque, I left the horses with him, and have never received anything since—I called on the Saturday for the first 100l.; he said he had not got it, but I do not recollect
whether he said he had sold some of the horses—I called again for the 200l., and he said he could not pay it because he had not got it—I had seen Mr. Sutton several times, and had called a dozen or twenty times to get the money or a part of it—my horses were not always there; the pair of chestnuts were the last I saw there—I came to know Sutton through driving round there with Claxton—I first saw my bay mare in Mr. Sutton's brougham, but do not think I spoke to the prisoner about it—that was before Christmas in the same year—I did not go to see if Sutton had the horses till after the prisoner had made the affidavit—he had previously told me and a cousin who was with me that he had sold Mr. Sutton two of the horses, and when he got the money from Sutton he would pay me part of the 200l.—he told me he was going to send the other two horses to a Mr. Cooke at Liverpool, and I sent a telegram for him about them—I have had no money except the 40l. deposit—in February, 1878, I instructed my solicitor to take proceedings against him to recover the amount, and handed him the prisoner's better which I had received as the basis of the action—he admits there that he sold the bay mare for 58l. and the black horse for 40l.—in consequence of what I heard about' the summons and the affidavit! the prisoner had sworn I went to Mr. Stevens and made these copies (produced) of the two receipts he produced to me—I? was particular in copying them, and my brother-in-law, who was with me, read the originals over to me after I had copied them—I have never had a farthing to this day—I afterwards lost sight of the prisoner, and in consequence of something I saw in the newspaper I preferred this charge.
Cross-examined. The 40l. Was paid after the horses had been some 10 weeks in his premises, and the balance was to be paid within a fortnight, but when I called he either said he had not sold them or had not got the money—after calling 20 or 30 times I received this letter in 1877 that he had sold the horses, and in 1878 I look civil proceedings against him for the' balance due, and got an order, but we found that the prisoner had nothing—I do not know if the horses Were sent to Mr. Cook, of Liverpool—Mr. John Curtis is not my partner and has no interest in the horses—he has been in America 18 months—I said before the Magistrate, "Mr. Curtis was part owner of the bay mare," but I think I said at the same time that I had settled up with him and he got his share of the money—he had an interest in the bay mare till he went to America—I introduced the prisoner to Curtis—I know nothing of Mr. Cook, of Liverpool, but have seen him; I only know from what I have heard from other witnesses that he has been sued for the price of two horses, but I know nothing about the proceedings against him.
Re-examined. At this time I do not think Mr. Curtis had any interest in the bay mare, I think he had gone to America then—I paid him his share out of the 40l.—I may have heard of proceedings between the prisoner and Cook from the solicitor, but they had nothing to do with horses.
Cross-examined. He has been on bail ever since.
GUILTY . JudgmentRespited .There was another indictment against the prisoner.
OLD COURT.—Monday, May 5th, 1879.
Before Mr. Recorder.
499. ANNIE ROBERTS (48) , Unlawfully obtaining 250l. of William Shepherd Hoare and others by false pretences; and WILLIAM CRIGHTON (52) , aiding and assisting. Other Counts for obtaining other sums, and for a conspiracy to defraud.
MR. METCALFE. Q.C., with MR. BESLEY Prosecuted.
WILLIAM SHEPHERD HOARE . I live in St. John Street, Clerkenwell, and am manager of the Cavendish Permanent Building Society—in November, 1877, Bouffler handed me these two memorandums ("A" and "B")—he brought me "A" first—that was the first time I had heard of the premises in Lower Belgrave Street—Roberts afterwards came with Mr. Bouffler—both papers were then in my hands—I asked her questions with respect to them, especially as to the surveyor's report. ("A" was an application for a loan of for five years on the tease of two shops in Lower Belgrave Street, one returning 270l. per annum, and the other returning 100l. per annum. "B" was a report from Johnson and Payne, dated 6th June, giving the total value of the premises in Lower Belgrave Street at 775l. or 10 years' purchase.) There is a blank in "A" forthe amount of the loan, but she applied for 300l.—I asked her if these particulars of letting were perfectly and sincerely accurate—she said "Yes," with a slight alteration which I made in pencil, but which made no difference in the rent; it was merely that one shop at 50l. and three rooms on the second floor at 25l. were let to one tenant at 90l.—I told her of course I could not rely upon the report, it would be necessary for some one to verify it—we agreed, and I went to the premises in two or three days—she said there was about from 100l. to 120l. a year surplus which she made out of it—I found two shops, one a tobacconist's, was open—there was a note against the door of the other—I inquired of a man-servant for Mrs. Roberts, and Crighton came from the stairs—he said it was all right, he would show me over—he took me over the premises, as Mrs. Roberts was not at home—I mentioned the Cavendish Society—he weut into a little room at the back of the shop, and told me that he held that room and the shop at 90l. a year—I said "That seems rather a heavy rent"—he said "Not considering the position of the premises; we do a very good busines"—as I was going along the passage again I saw Mrs. Roberts—I do not know where she came from—she took me into the back-room first floor, which was a much larger room, and said that it was 'let to a solicitor, with a room over it, at 30l. a year, and that the front room was let to two officers of the Guards at 35l. a year; the upper part of the house she stated was in her own occupation—there were, I think, two upper rooms—there was a sitting-room and a bedroom to each of the officers' rooms, and the solicitor had two rooms—I went upstairs and said, "I understood you to say that this shop was let at 100l. a year"—she said "Yes, it is let to a lady who is well known in the Berlin wool trade; she has not come in yet; I expect her in next week"—that was not the larger shop—the matter was brought before the directors in the usual manner, and they agreed to advance 250l. on the property—I then wrote to Mrs. Roberts, and she came to see me—I told her we could not lend 300l., only 250l.—I think I conveyed that information through Mr. Bouffler—she did not in any way alter the statement that she had made when I went over
the house; I believed it, and the money was lent her on, I believe, the 21st December, 1877—here are four of the cheques—they are all endorsed by her—this one of 21st December was for the balance after paying off the mortgage—Messrs. Miller attended to the legal part—she said nothing about having granted an under-lease to any one; that was entirely concealed—the money was to be repaid by 60 monthly instalments, but we only got the first, 5l. 2s. 1d.—I heard nothing more till November, 1878, when I instructed the solicitor to stay proceedings in the matter—I then for the first time knew that there was an under-lease to Crighton—we have never received a farthing more, except 22l. 10s. for ground rent, which was distrained for, having been paid to the ground landlord—this (produced). is a memorial signed by Roberts.
Cross-examined by Roberts. You certainly did show me over the house, and you used the words I have stated—the first distress was in July, 1878—we paid the first quarter's ground rent out of the society's funds, and we were obliged to distrain for it to prevent ferfeiture—I bad not 40l. of yours in my hands, nor 40 farthings, except what I had at the time of the settlement, and I paid that over to the ground landlord, and this is his receipt—you answered everything that I asked you—I asked you particularly whether the house was let for 270l. a year, and you distinctly said "Yes"—the solicitors may have sued you, I did not—I knew nothing about your being made a bankrupt—the society being a very old and respectable one, we allowed 10 months to go over without getting a farthing—I do not know what you mean by "your tenante"—the broker said there were no tenants—I am not aware that I am your trustee in-bankruptcy.
Cross-examined by Crighton. You never signed any document.
Re-examined. The reason we did not recover on the distraint was because everything appeared to be Crighton's, and the broker came back empty-handed—this receipt for rent (produced by Roberts) Mr. White obtained by a distraint himself, which I know nothing of—Crighton told me nothing about the lease of the seven upper rooms, only that he held the shop, and the room over.
THOMAS BOUFFLER . I am manager of' the National Contract Company, 156, St. John Street, Clerkenwell—in November last Mrs. Roberts applied to me for a loan of of 300l.—I declined, as it was not in our way to lend somuch, and referred her to the Cavendish Building Society—she made a statement which I took down in writing from her lips, of the particulars of property, which has-been read, and she gave me a description of the two shops—she said nothing about the property being sub-let—she said that she had borrowed money nowhere else—she said nothing about the under lease being mortgaged—she said the shop was about being taken.
Cross-examined by Roberts. You said you had laid out 200l. in repairing the premises, which you had borrowed to pay the workmen, and that the gentleman wanted his money back.
CHARLES RICHARD STEELE . I am clerk He Miller and Miller, solicitors to the Cavendish Building Society—I am attesting witness to this mortgage of this property to the society: (This was on premises leased at 17l. 12s. 1d. a month for an unexpired term of 21 years free from all incumbrance.) This abstract of title (produced) was handed to me for the purpose of making that out—there is no mention in this of a sub-lease—I knew of no under lease to Crighton till November, 1878, during the ejectment proceedings—
this (produced) is the original memorial of lease from Roberts to Crighton—I was not aware of that till November, 1878—neither the abstract nor Mrs. Roberts gave me any information on the subject—in February this year I believe she was made bankrupt, and the usual order was made to file a statement of accounts—it was adjourned for a month that she might do so, but at the end of that time no statement was filed, and I obtained an order—I have searched the registry—there is no registration of the lease of March, 1874, or of the assignment to her of 34th March, 1877, but there is a registration of the under-lease from her.
Cross-examined by Roberts. I think you had a month all but two days after the time originally limited, to file your accounts.
ALFRED SIMPSON . I am a tobacconist, of 23, Lower Belgrave Street—I entered into possession of that shop on 24th January, 1874—I negotiated with Mrs. Roberts for three weeks or a month before—I first saw her at another to bacconist's, Mr. Stock well's—I saw her at the premises after I had made this agreement (marked H)—she gave me to understand that on account of Mr. Crighton being so unwell, he was not able to continue the business, which was his reason for disposing of it—I went to the premises several times before taking possession, and saw Crighton there, but no one else—the agreement was signed by Mrs. Roberts as well as Crighton—it is for three years, renewable for three years at my option—they occupied one bedroom and one kitchen—I cannot say whether the bedroom was furnished, but they slept there for three or four months—they afterwards moved down into the kitchen, and occupied that as a sleeping-room and a living room, one single room for the two—they went away about 19th February, I think, that was the day she had to appear at the Bankruptcy Court—she disappeared before I was up in the morning, and I did not see them again till they were in custody—during that time there were no other tenants in the house, and from the state of the premises I' should not think they had been occupied for some time—Mr. Martin had the other shop as a china shop—he remained till September, 1878, when they seized his goods for ground rent.
Cross-examined by Roberts. I have been a gentleman's servant—it is not true that I gave away my master's things.
Re-examined. There is no truth in the suggestion of my robbing my master.
WILLIAM JAMES JACOBS . I have a shop at 77, Ebury Street, Pimlico—I am not certain that this promissory note for 50l. was signed in my presence—I got it from the prisoners, and I gave this cheque at the time. (This promissory note was dated 21st September, 1877, payable on the 21st November next, signed by William Crighton and Annie Roberts, of 23, Lower Belgrave Street.) I tool that joint note from them—I made the cheque payable to Mrs. Roberts only, because she said Crighton was unwell—it has come through my bankers, charged to my account—this lease was deposited as a security—the prisoners gave it me—they were both present—I cannot tell from whose possession it came. (This was dated 10th May, 1877, and was an underlease from Roberts to Crighton for 16 years, at a premium of 100l., and a rent of 90l. per annum.) I saw then about the loan after it had been made—I have not been repaid.
Cross-examined by Roberts. At the time I took that lease I had some needle-work pictures—they were bought in by you for 26l.—you are quite mistaken about the value of the property I held—I had a bill of yours for
20l.—I have not had 17l. 10s. interest; I parted with 42l.; I have not ample security for my money.
JOHN HOLLY . I keep a lodging-house at 63, Grosvenor Road, Pimlico—the prisoners lodged with me for the first time about four years since—they occupied one room, a bedroom, at the top of the house—they both lived there, as man and wife, Mr. and Mrs. Roberts—the rent was 6s. a week—they remained several months—about 10 weeks ago they came back, and were there seven weeks—they were taken into custody there—Mrs. Roberts engaged one room for Crighton, and one for herself and her little boy—she was then Mrs. Roberts, and he was Mr. Crighton.
Cross-examined by Roberts. When you first came you said you had a home of your own, but wanted to nurse Mr. Crighton, to be near to look after him—when you left you owed me 8l.—the second time you came you only engaged a room for Crighton.
DAVID KIRBY MAWER . I am an upholsterer and cabinet-maker, in Buckingham Palace Road—about 4th April, 1877, Mrs. Roberts came and selected a Brussels carpet for a room in Coleshill Street—she directed it to be made and sent home and laid the following day—I told her distinctly that our terms would be cash when the carpet was laid—we usually require a deposit—she said she was not prepared with a deposit, but would pay it when it was laid—I went myself and took the measurements, and not seeing much in the house I directed my salesman to accompany the carpet-layer, with strict injunctions to bring back the carpet or the money—she sent back the man for some stair-carpet—I sent it with instructions not to leave it without the money—the amount was 8l. 10s.—I did not get the money—I went myself to the house the same day—I saw Crighton there, in the area—I asked for Mrs. Roberts—he said she had gone in the City—I went again next morning, and saw Crighton again—he said as before that Mrs. Roberts had gone into the City—I said that was false, for I saw Mrs. Roberts at the window, and I intended to come in—I knocked at the door and rang violently, and several people came round, and at last they let me in—I saw Crighton inside—he assured me that Mrs. Roberts was well-to-do and had extensive business in the City, and actually did business on the Exchange—I said "That will not do, I will see Mrs. Roberts or I will take my carpets out of the house, I am swindled"—in about half an hour Mm Roberts came into the hall—I then got 4l., under the threat of locking the pair of them up—I went again and the house was closed, within eight days—I never got any more money or the carpets.
Cross-examined by Roberts. I sued you for 4l. in the County Court, and got a judgment and put in execution, but there were no effects—it cost me 7l.—I do not hold 20l. worth of furniture of yours now, not a farthing—you and Crighton both came to select the carpets, as Mr. and Mrs. Roberts—you never said who Crighton was—I know nothing of a Mr. and Mrs. Reynolds.
Cross-examined by Crighton. I am sure you came with Mrs. Roberts to choose the carpets—when I made a row at the house you let me in at the door—I did not see you for a year and a half afterwards, at a cigar shop—I had no other transaction with you, only when you came with Mrs. Roberts—I don't remember your ordering a carpet of me about two years ago, and paying me half cash, and its being laid down at a Berlin-wool shop.
Victoria Street—in July or August last Crighton came and wanted to obtain some goods on credit—no particular amount was mentioned—I said it was our custom to have cash or good references—he gave the name of Mrs. Roberts as a reference; he said she was his landlady—I communicated with Mrs. Roberts and she came to our place with Crighton and signed this guarantee (this was dated 9th August, 1877, and was to the amount of 50l.)—she said she had known Crighton for some years as a very respectable man, and was anxious to help him as much as she possibly could—in the meantime I had sent up my man to the neighbourhood—goods were supplied to the amount of 20l.—about 2nd Nov. Crightan was indebted to me about 40l.—I afterwards sued Roberts on the guarantee, hut never got any money.
Cross-examined by Roberts. I don't recollect that Crighton gave any other reference than to you—he ordered 20l. worth of goods—these (produced) are two of the receipts I gave, Aug. 9 and Oct 10—we had 20l. on account—you called on me afterwards to obtain more goods to carry on the business, and paid for what you had—that was after the credit was stopped—you said if I gave you time the balance that was due should he paid.
WILLIAM VINCENT BURCHETY . I am clerk and bookkeeper to Messrs. Wood—in consequence of his directions I went to Lower Belgrave Street to make inquiries—I there saw Mrs. Roberts, and I think I saw Crighton at the same time—I stated what I had come about—she told me that Mr. Crighton was a very honourable man, and she wished to help him—she took me upstairs, showed me the shop and the front room, and said that was Crighton's room as well as the shop—she told me that she had a furnished house in Eaton Square—I believe that was afterwards, when the credit had been obtained and we could not get our money.
Cross-examined by Roberts. I don't remember your telling me that there was 300l. coming in from your tenants in Coleshill Street—I called several times and you told me that Crighton was in the country, blind and dying, and I believe he was in the house at the time.
JOHN JARVIS . I am accountant and manager to Henry Archer and Sons, 171, Strand, tobacco manufacturers—about the latter end of 1877 or early in 1878 I saw Mrs. Roberts several times in company with Crighton—she gave the name of Crighton; I believed them to be husband and wife—she bought goods, and for about two months paid cash, ultimately she got credit, and it ended in owing our firm over 40l. in about three months—the last goods were supplied on 27th April, 1878—I went several times to Belgrave Street and saw both the prisoners—I did what I could to get money, but never got one penny.
Cross-examined by Roberts. I did not know you as Mrs. Roberts or address letters to you in that name—you put the shop into our hands to sell—up to a certain time you paid for all you bought, but the account was opened in a fraudulent manner—we were under the impression that Mr. and Mrs. Crighton were man and wife, and that he was the proprietor of the premises in Belgrave Street, and in consideration of that, and cash having been always paid previously, we gave him certain credit.
Cross-examined by Crighton. You never asked me for credit, but you came frequently with Mrs. Roberts after the account had been opened.
Re-examined. I don't know whether Crighton's name was over the door—Mrs. Roberts proposed, as she was not in a position to pay, that we should sell the shop and premises, pay ourselves out of it, and hand her over the
balance—I never saw the lease—I saw the sub-lease to Crighton at a later date, and that was the reason we were unable to sell.
HENRY ALRED STACEY . I am superintendent of records in the London Bankruptcy Court—I produce the file of proceedings in the case of Annie Roberts, of 23, Lower Belgrave Street, widow; she was adjudged bankrupt on 30th January, 1879—no accounts were filed—an order was made for the prosecution.
Cross-examined by Roberts. There was a meeting on 14th March, which was adjourned at your request till 4th April.
MR. METCALFE produced the fiat of the Attorney-General for the prosecution for concealing the under lease.
Roberts's Defence. I have not had time to call my witnesses. These people have got from me 1,200l. worth of property. As to the lease, they did not search in the Registry Office as they ought to have done; it was registered in the County of Middlesex, and if they had done their duty in a proper manner they would have seen it; but they have put it all on my shoulders. I borrowed 250l. of them, and I laid it out on the premises, they have had the benefit of the money. They kept my creditors from coming to the Bankruptcy Court to get their share in the profit, nearly 1260l. I have no lawyer or any one to protect me, and I leave myself entirely in your hands. They pocket all the money and my poor creditors are left without a penny. I think the fraud and conspiracy has been on their side; they have paid witnesses to come and swear falsely. I have been straightforward in all my transactions. It is for you to say who is right and who is wrong.
Crighton's Defence. With regard to the loan that was granted, I knew nothing of it till some time afterwards, and then Mrs. Roberts said she had obtained some money to pay the rent; that was all I knew. I never attempted to obtain tobacco or cigars with any idea of fraud. I paid cash as far as I possibly could, and I never asked Mr. Archer for credit.
GUILTY on the First Count.— Judgment Respited.
Before Mr. Recorder.
MR. CUNNINGHAM Prosecuted.
MARY ANN HYDE . I am the prisoner's wife—we live at 5, Herm Street, Plaistow Marsh—on April 10th he came home about 11.30, very much the worse for drink—my little girl and I were in the back kitchen—he spoke to the child, and she said, "We have been sitting up for you"—he said, "D—your mother, where is my supper?"—I said that I did not think he wanted any supper, as he had had plenty of drink, and he had better go to bed—he said he would not—the child said, "Mother says you had better go to bed"—he said, "I will give your mother something else before I have done with her," using bad language—my boy aged 10 came down from his bed and asked for something to eat—I was in the act of cutting him some bread when my husband said, "I want my supper," and took the knife from my hand—whether he intended to hurt my hand or only to
cut himself some supper I don't know—I do not think he intended to hurt me—he slightly cut my wrist, but it soon healed up—the mark is there still—when he snatched the knife he said that he would put it through me if I did not mind—I do not know whether he meant to strike me with it, or only to wrest it away—there is not the least foundation for saying that I made a blow at him with the knife—I was very agitated, and I am very often in fault as well as my husband—I sat down on a chair and told him that I should have to put him somewhere else, as I could not put up with this, and he struck me—I halloaed out, and my boy came down—I said, "If your father don't mind what he is doing, he won't have the chance to go to bed"—the boy got him out of the room, and then the officers came—he had been drinking all the week—the little girl had gone for the constable as soon as she saw blood—this is the knife.
Cross-examined by the Prisoner. You did not ask me civilly for the knife—I did not put the point of it into your hand—during the 18 years we have been together I never knew you take up a weapon to me, only your hand or your fist—I do not think you really intended to cut me.
ANNIE HYDE . I am the prisoner's daughter, and am 12 years old—on April 10th, about 11.30, my father came home—he was not sober—my mother and I were in the back kitchen—he asked for his supper, and used wieked words—my mother said thai he did not want to have any supper—my two brothers were upstairs—my little brother came down and asked for something to eat—my mother took the bread and cheese out, and took a knife to cut it with, and then father got up and hit mother, and snatched the knife from her—I have heard her give her evidence; what she has stated is true—I saw her wrist bleeding and went for a constable, who came with me and took my father.
Cross-examined. You were going to bed and undressing when the constable came—no one sent me for him—I did not see you try to cut my mother—this was on Thursday, and I think she was washing on the Tuesday after.
WILLIAM MOSS (Policeman 123 K). On Thursday night, 10th April, I received information from the last witness, and accompanied her to the prisoner's house, where I found the prosecutrix bleeding very much from a cut on her wrist—she said in the prisoner's presence that he came home drunk and created a disturbance, and while she was cutting some bread and cheese for one of the children the prisoner snatched the knife out of her hand and threatened to run it through her as far as it would go, and by putting up herwrist to avoid the blow she received it on her wrist, which bled very much—the prisoner was the worse for drink—he could hear what she said and did not contradict it—she said that she had been in bed for some days from his kicking her, and that she had to get her living herself because he would not work—he said something at the police court about her nagging him—the knife was pointed out to me on the kitchen table—there was a very slight cut on his hand, more like a knock.
Cross-examined. Your wife gave you in charge.
The Prisoner's Statement before the Magistrate was that his wife began calling him names, and in wrenching the knife from her she got cut.
The Prisoner called
things at you and cut you repeatedly—she has a very violent temper, and I have tried to keep her from you—I have frequently taken things out of her hand, and she has caused you to do a great deal that you would not have done.
Prisoner's Defence. She is a very violent woman and takes up things and throws at me, and I have got cuts on my head which I can show you. Here are my testimonials and my ship's discharge, and my good character. I had no intention of hurting my wife.
MARY ANN HYDE (Re-examined). I am of a very aggravating temper, and when my husband has been illusing me I may have taken up something—he has illused me when he has been in drink, but never when he was sober—I work to support myself and he supports the family—I have live children, but one of them goes to work.
GUILTY of a common assault . To enter into bis own recognisances to appear and receive judgment if called upon.
Before. Lord Coleridge.
MESSERS. POLAND and HORACE AVORY Prosecuted; MR. CHAPMAN Defended.
GUILTY of the attempt .— Eighteen Months' Imprisonment.
Before Mr. Recorder.
JAMES BAKER (Policeman R 289). I was on the sick list on 12th April, and was in Deptford Broadway, and saw the prisoner by Mr. Collins's shop, a tailor—he pulled some coats down which were tied together and attached to some hooks, and tried to got one away from the others—some people came up and he went away—I followed him to Mill Lane, where he endeavoured to get a coat, but was disturbed and left—I followed him to Mr. Collins's shop again, stopped him, and said I should take him for endeavouring to steal a coat—he said "It is a lie"—I took him to the station, and found that he had a new coat on under his own—I asked him how he get it—he gave me no answer, and I said I should charge him with the unlawful possession of it—this is it.
Cross-examined by the Prisoner. Several other people saw you pull the coat down, but I did not request them to come here—I was very ill and unfit to take you—you had some books under your arm when you pulled the coat down, and I waited to see a policeman.
JOHN HOSEGOOD . I am a tailor, of 98 and 99, Powis Street, Woolwich; this coat is mine; I saw it last on 12th April at 3 or 4 o'clock hanging outside on a nail against the sash bars of the window with a large ticket on it—I did not sell it to any one; I have had the ticket sent me with my private mark on it—it was missed during my watchman's absence for five or ten minutes.
Prisoner's Defence. I bought the coat and boots of a man.
GUILTY . He was further charged with a conviction at this Court in July, 1877.
GUILTY.**— Twelve Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
JOHN PERROW . I am a labourer living at 17, Masden Builings, Mill Lane, Deptford—on the night of the 27th December I was in Mill Lane with my wife going home—the prisoner cad a young woman were at the earner of a court, and at I came up to them he prisoner me off the footpath—I said I would clout his bead if he did that again—prisoner said, "It Would be nothing to your credit if you did an"—he then crossed the road and said, "I don't care a——for anybody"—I followed him and be stabbed me in the eye, and left the knife sticking in—I pulled the knife out—I have quite lent the eye; it was taken out at Gay's Hospital.
By the COURT. I did not go threateningly to him, bat to ask what be meant by using the indecent words as my wife was with me—he repeated the expression.
AARON LAMBERT . I am a chair caner at Lambert Buildings, Mill Lane, Deptford—I and my wife and the prosecutor and his wife were walking down Mill Lane, and the prisoner was standing talking to a young woman, and as the prosecutor was going by the prisoner pushed him off the path—the prosecutor said, "If yen do that again I anal hit you in the head"—the prisoner replied, "It would be nothing to your credit if you did"—the girl said to me, "No, you are about his stamp," and then the prisoner said, "I don't care a—for any of you"—the prosecutor followed him, and the prisoner streak him a blow in the eye with the knife.
The Prisoner's Statement before the Magistrate. "As I was passing through I saw the prosecutor and Lambert. They knocked see down up against the wall, and took 4s. 11d. from me, and as I went away I told the prosecutor I should go and fetch a policeman. He had me against the wall, and I bad a knife in my hand, and he ran his eye against it. Lambert told me to kick the prosecutor in the leg."
The Prisoner. When they knocked me down and took 4s. 11d. from me he had me by the throat up against the wall, and I struck him with the knife.
CLARA LAMBERT . I am the wife of the witness Lambert, and was with him and Mr. and Mrs. Perrow, neighbours of ours—we had been away from home about a quarter of an hour, when we met and went to the Fleece and had a glass of beer—none of us were the worse for liquor—we were returning home, and the prisoner and a young woman stood talking together—the prosecutor was in front, and the prisoner pushed him into the road—he told him if he did it again he would punch his head—the prisoner said "It would be nothing to your credit if you did"—the girl said to my husband "No, you are more his mark"—the prisoner then said "I don't care for any two of you," and ran across the road—the prosecutor followed him, and then the prisoner struck him with the knife in the eye, and when we went up Perrow was pulling the knife from his eye—neither my husband or the prosecutor struck the prisoner, and no money was taken out of his pocket—the prisoner ran away directly it was done—I did not see the knife till I saw it sticking in the prosecutor's eye.
GUILTY of unlawfully wounding .— Eight Months' Imprisonment.
Before Lord Coleridge.
The COURT, having read the depositions, was of opinion that there was no case to go to the Jury.
NOT GUILTY .
MR. BESLEY Prosecuted.
Ten Years' Penal Servitude.
Before Baron Pollock.
MESSRS. POLAND and WILLIAMS Prosecuted; MR. MCCALL Defended.
RICHARD BARRETT . I live at 12, Essex Street, Great Guildford Street—on 5th April, at 3 p.m., I was standing outside the Queen's Head, Great Guildford Street, and saw a pony and cart—three people were in the cart sitting abreast—the prisoner was driving at the rate of 10 or 12 miles an hour—I knew him before—it was a very fast pony—I saw an old lady crossing the road—I won't be sure whether the pony hit her, or, the shaft of the cart, but it knocked her down and ran over her; she was then about two feet from the kerb; she was crossing—she had crossed the road all but two feet—I saw two people pick her up, put her in a cab, and take her to the hospital—one was named Jones, and the other was a woman—she was bleeding from some part of her head—I stopped the pony, and Strange, who was in the cart, said "Barrett, you know me well, you let go the pony, I am all behind with my chairs now, if there is anything wanting for evidence you know where to come to me"—the prisoner was present—lie said nothing to me—I did not hear him say that he was very sorry—I think he had been drinking—Strange said to him "I was a fool to let you have the reins"—he did not pull up at once, he drove on for 20 or 30 yards, and then I stopped him—there were no other vehicles in the road—the cart went on again, and the prisoner went after it.
Cross-examined. I saw the old woman coming out of Mr. Evans the grocer's before she was knocked down—I have stated the same as I did before
the Magistrate—I said before the Magistrate or Coroner that after she was knocked down Mr. Strange's son drove on at the rate of 10 or 12 miles an hour, not that the prisoner did—I ran after the cart and overtook it—I can't say the prisoner was properly drunk—when a man falls down in the road then he is drunk—the prisoner did not fall down in the road; he was too drunk to drive a horse—I do not know that I said any thing to the constable about his being drunk—I did not say to the constable "He was not driving fast as he was obliged to go in and out; there were other things in the road at the same time"—I knew the old woman, she was a lodger of mine once—I do not know her son who is here, but I know another—we went down to Mr. Strange's house to see the prisoner on the Monday, but he would not be seen—I saw him on Tuesday evening, but not in the presence of Thomas Patten—I also saw him on the Sunday—I did not say "The best thing you can do is to square this job at once, and if you will I will bring the son round to you," what had I to do with it?—I, know Mr. Strange, the owner of the cart, but have not spoken to him since the prisoner was committed for trial—he came down to where I stand with my goods, but I would not speak to him—he wanted me to go and drink with him, but I would not—I do not know that the pony is 14 years' old—I never looked at its teeth—it is a light cart—it was filled with chairs, and there were three men in it—I can't give a notion of the pony's height—I don't know that it had been driven to Richmond and back that-morning and the West End afterwards.
Re-examined. The three men were Mr. Strange's son, the prisoner, and a man whom I don't know—I saw the woman coming from the grocers in Great Guildford Street—the prisoner was on his right side of the road.
JOHN EVANS . I am a grocer of 44, Great Guildford Street, Southwark—I am accustomed to horses, and have kept them for some years—on 3rd April, about 3 p.m., I was outside my confectioner's shop—I nave two shops—I saw a pony and cart coming with three men in a row and some chairs, and the cart driving on its proper side; the pony was going rather fast, I should say 8 or 10 miles an hour—my attention was drawn to it, and I did not see the woman till the accident occurred, as I kept my eye on the cart; either the horse's head or the shaft knocked her down; she seemed to reel and fall across the road with her head towards the kerb to which she was going to—she was very near the middle of the road, but more towards the other side—I understood that she came from my grocer's shop—there might have been other vehicles in the road, but I did not notice—the cart went right across her and jolted, by the wheel going over her—I went up to her and saw Barrett holding the trap from 30 to 35 yards off—I had seen the trap I dare say 50 or 60 yards before it passed me, and saw it for 60 or 100 yards after it passed me—I heard no noise or shout—the prisoner did not get out at first when it was stopped, but he came back in a little time and came up while I was seeing to the woman, and then the cry was raised "There goes the trap," which was being driven away, the prisoner being by the woman—several persons ran after the trap and the prisoner went after it as well, quietly—he returned with the constable a little time afterwards.
Cross-examined. The street is about 7 yards wide—the woman was more than 2 feet from the kerb she was walking to—she was struck by the off side shaft—I should say, at all events, she fell towards the kerb, not away
from it—I should think it was the off side struck her, but I cannot say, because the back of the cart was towards me, and the chairs in the cart obstructed my view to a great extent, but it was the wheel nearest the kerb which went over her—I think they were sitting much too forward in the cart; there was too much weight forward, which would make less leverage for the driver to control the pony—I did not hear any one in the cart call' out—I was about 50 yards from where the accident happened—the trap jerked, and then the pony started on again—I believe I said before the Magistrate, in answer to you, that I would not swear that the pony was going more than six miles an hour, and that if he had driven properly he could have stopped in time—I could have stopped, I believe—I believe he could have stopped it if the cart had been properly weighted—I did not hear the prisoner say that he was going for a constable, but I saw him with one afterwards—I saw Barrett and the constable and the prisoner talking together.
Re-examined. I saw Mrs. Martin there—she was nearer the pony and cart than I was.
MARIA MARTIN . I live at 1, Moss Alley, Bankside—I was in Great Guildford Street and saw an old woman crossing the road—she had half an ounce or an ounce of tea in her hand, and I saw the cart coming along and the prisoner driving very fast—it was three or four yards from her when I saw her—some one in the cart halloed—she looked up, and before she could get out of the road the young man drove over her—he might have gone the other way if he had pulled the reins; he would then have gone past her—I saw no other vehicle but Barrett's barrow—the road was free for the cart to have passed her without touching her—it is a straight road—the cart went over her twice, and her hand was cut almost to pieces—it was the left-hand wheel that went over her; if he had turned the other way he might have saved her—I saw Barrett run after his barrow and took hold of the horse's head—the prisoner jumped off the cart and came and looked at the old woman, and I said, "Oh, you brute, you ought to be ashamed of yourself"—he never answered, but ran away, saying that he was in a hurry—I did not see him afterwards, as I helped to get the woman into the cab—she never moved or spoke—she was taken to the hospital.
Cross-examined. I did not go with her—she fell 2 feet from the path, I think—I did not say before the Coroner or Magistrate that I never looked round before the cart was over her—I said then and say now that I only saw the cart for two or three yards, but yet I can say that it was going very fast—I said that if he pulled the off rein he could have got away, and he may have done so—I don't believe I said before the Coroner, "My attention was not drawn to the cart at all, but I will not swear it"
GEORGE PERRY . I am a labourer, of 57, Great Guildford Street, Southwark—on this Saturday afternoon, about 3 p.m., I saw a pony cart coming. down the street at the rate of 10 or 12 miles an hour to the best of my judgment; I am not a judge of horses—I heard a shout of "Hie, hie!"—the pony was then about 10 yards off—there were no vehicles in the road but a costermonger's barrow standing outside a shop—I saw an old woman in the middle of the road; she seemed to look up and stagger; she was knocked down, and the wheel went over her—I picked her up and drew her to the kerb; she was insensible—the cart went on—I don't know who stopped it, but I saw Barrett holding the horse—the driver had, I think,
every opportunity of passing the woman—I did not know her—I did not see the prisoner or any of the men in the cart.
Cross-examined. In my opinion he could have pulled either on one side or the other—he could have passed on either side—he could have driven between the near kerb and the woman—he was driving about three feet from the kerb—the horse was going more than as fast again as I could walk—I did not say before the Coroner that the horse was galloping very fast; more than 12 miles an hour—they asked me if the horse was galloping with four legs at once—I said, "No, it was not galloping, it was trotting about 10 or 12 miles an hour; the driver could have prevented the accident; if he had pulled up on one side or the other it would have saved the old woman"—I don't think I said before the Coroner that it was impossible for him to pull up between the shout and the accident—I said that he could not pull up in front of the old woman—I did not say, "Going at the rate he was he could not pull up at all"—the cart went on about 20 yards or 30 yards after the accident.
Re-examined. I think Ellen Foster took her to Guy's Hospital—I did not go.
JOHN WINDLE LAWSON . I am a butcher, of 53, Great Guildford Street—on 3rd April I heard shouts, went out immediately, and saw an old woman lying in the middle of the road, and a light cart being driven rapidly away, I should say at the rate of 10 miles an hour—the people shouted out "Stop,' and Barrett stopped it—I saw some one get out of the cart, but don't know who—he came back towards where the old woman was, and I then saw him go towards the pony cart—whether he got up I don't know, but I fancy he did, and the cart drove away—there was not another vehicle from one end of the street to the other, I am certain of that—it is a straight road where this happened, but there is a slight curve 30 yards off.
Cross-examined. The shout that was raised brought me out—the whole thing was over then—I only spoke of the rate the cart was going at after the accident—I did not know the people in the cart.
RICHARD WILLIAMS (Policeman M 60). I was on point duty in Southwark Bridge Road, and saw the prisoner in Sumner Street coming towards me—he said "I have knocked an old lady down; I am very sorry for it; it was quite an accident"—I said "What is your name and address?"—he said "Mr. Strange, 24, Grove Lane"—I know that that is the name of the owner of the cart—I asked him if fee-knew any one who saw it—he said a man named Barrett round by the corner of the Queen's Head—I went with him to Great Guildford Street, and he pointed out Barrett—I asked him in the prisoner's presence if he saw the accident—he said "Yes"—I took his name and address, and asked him if he thought the prisoner was driving fast—he said "No," he was not driving fast, as he was obliged to go in and out, as there were other vehicles in the road—I went with the prisoner to Guy's Hospital, and saw the deceased in the dressing-room, and afterwards in the ward—she was then perfectly sensible—she gave me her name, Mrs. Shannon, Pitt's Place, Westminster—I asked her if she thought there was any blame on the driver—she said "No, there is no blame on the driver," and I let the prisoner go, but he was taken in custody again on the Monday or Tuesday night—he was perfectly sober—I don't think he had been drinking at all—I saw the cart in Sumner Street.
Cross-examined. I was examined at the inquest, and so were Barrett,
Martin, the prisoner, and young Strange, who was in the cart with him—the jury returned a verdict of accidental death—Barrett did not say a word to me about the prisoner being drunk; it was barely 100 yards from where the accident happened to where I saw the cart; it was going in an opposite direction to me, but the prisoner was meeting me, and a man came to fetch me—I don't know who sent him, but the prisoner said that he had sent a man to fetch a constable.
Re-examined. Mr. McCall appeared at the Coroner's inquest—no other professional gentlemen were there.
JAMES SHANNON . I am a labourer of 3, Earl's Place, Westminster—the 'deceased was my mother; I saw her at the hospital on this Sunday from 2 to 4—her age was 75—she was not at all deaf, and not very feeble—her health was pretty good; she suffered slightly from her chest.
ROBERT SPENCER WAINWRIGHT . I was house surgeon at Guy's Hospital—on Saturday, 5th April, Ann Shannon Was brought there—she died on 8th April at 12.30 a.m.—no post-mortem was made, as there was sufficient to judge from without—one of the bones of her right arm was broken and one rib; her lungs were wounded, and there was a bruise on the scalp—one hand was very much cut and the tendon was exposed—those injuries might have been inflicted by her being knocked down and run over—her death arose from injuries to her lungs and the shock to the system.
Cross-examined by the JURY. The injury might have been fatal to a younger person, but perhaps it would have taken a longer time; it would mot necessarily have been fatal—I mean the lung might have recovered, but there was air under the skin.
GEORGE HARVEY (Police Sergeant M). I saw the prisoner at Bear Lane, and said, "I have come to make inquiries about the accident the other night; I want to see young Mr. Strange and the man who was driving"—he said, "I am the man who was driving"—I said, "You had better go to the station and see the inspector"—he walked to the station, and I walked behind him—he was detained there, and after going before a Magistrate was bailed.
Cross-examined. Williams would report on the Saturday; the prisoner was not arrested till Tuesday—I made inquiries in consequence of what the son said to the inspector.
Witnesses for the Defence.
WILLIAM BROOKS . I am a furniture broker of Hoxton—I was in the cart at the time of the accident—we started from 24, Gravel Lane, Mr. Strange's house, and were going to Finsbury Square to deliver some chairs; the prisoner was driving, and young Strange was also in the cart in the middle; the prisoner was on the right side and I was on the left—the cart was full of chairs at the back—we were ten or twelve yards from the deceased when I saw her crossing the road in a slanting direction—she had started from the other side when I first noticed her—a van was standing on our right, and she came out from behind it when I first saw her—the cart was on the near side, about 3ft. 6in. from the kerb—we were going at the rate of five or six miles an hour, and she walked on towards the cart, but in a direction slanting from us with her back to us—the prisoner and Strange shouted out "Heigh!" and if she had gone on she had time to reach the kerb in safety, but she made a stop when we were two or three yards from her; they both shouted and I shouted, but she took no notice, and the
near shaft caught her—she was then almost clear of the line the cart was going in—the prisoner pulled up as hard as he could, and very nearly cut my knuckles open, but the pony made a spring, on account of the shouting—that was before she was struck—I do not think the prisoner could have done anything more to avoid the accident—the near shaft struck her on, I think, her right side—she fell towards the kerb, away from the shaft which struck her, and the wheel went over her—the pony ran a little way, and then the prisoner managed to pull her in—the pony was stopped when Barrett went up—it is not true that the prisoner ran away or tried to run away; as soon as he pulled up he got down, and did not get up again—Strange and I went on alone in the cart—the prisoner went back to where the old woman was lying and looked about for a policeman—I was in the cart when he found a policeman and saw one going back with him—I did not go back; I went on with the cart to deliver the chairs—I had never been out with the prisoner before.
Cross-examined. The chairs were not mine—Mr. Strange, junior, is a chair-maker, and he was going to deliver the chairs in Finsbury Square—the prisoner is a friend of his—it is not a particularly fast trotting pony—it would not trot to Epsom in an hour—it was a two wheeled cart—there was a wheeled covered van there—I do not know whose it was—it was standing on our right—the road is rather crooked—we got the length and a half of this Court before he finally pulled in, although he cut my knuckles—he began to pull in before the old woman stopped—we were then about 3 yards from her—we had no whip.
ARTHUR STRANGE . I am the son of the owner of this cart, and was in it on 5th April—the pony is my father's, it is 15 years old—I have never trotted it from Gravel Lane to Epsom in an hour—I took it from Gravel Lane to Richmond a little after 7 o'clock on 5th April, and got back to Gravel Lane about 10 o'clock, then started to Leicester Square about 10.30, and got back about 2; then we started to Gravel Lane—the pony was only out of the cart for half an hour between the journey to Richmond and the journey to Leicester Square—the prisoner is a friend of mine—he is an iron worker, and has frequently driven the pony for me—he has had experience in driving—we went on both journeys to deliver chairs, and had loads—we started before 3, and when we got to Guildford Street the prisoner was driving at about five or six miles an hour; we were in the middle of the road—a van was coming along the road, and the old woman came from behind it and crossed the road in a slanting direction towards the kerb and then stopped, and I shouted "Heigh! Heigh!'"—if she had gone straight across, or if she had not stopped, the accident would not have happened—the prisoner tried to pull up, but the near shaft struck her and she fell with her head towards the kerb—the cart went on five or six yards and then the prisoner pulled up and jumped down, and went to where she was lying, and did not get into the cart again—it is not true that he tried to run away until he was stopped by Barrett—I did not say to Barrett that I was a tool for allowing him to drive—I said, "You know where I live?"—he "Yes"—I said "If there is anything the matter you come down to our place"—he said "Yes," and I went on—I have been with the prisoner and seen him drive before—the pony was at a standstill when Barrett came up.
Cross-examined. The prisoner is in the habit of driving a cart in his business, he was not learning to drive—I did not wait, we left the prisoner
behind—I was a little behind hand—I had to deliver the chairs at 3 o'clock, and it was then about 2.30—I was in Cheapside at 2.45—she has been a fast trotting pony, but is too old now—it has not trotted to Epsom in an hour; but it has in an hour and.20 minutes, which is 16 miles—we only waited at Richmond while I delivered my goods—we stopped some time in Leicester Square—it was, I think, a two-wheel van with one horse which was in the road—the prisoner began to pull up about five or six yards before we saw the woman, and he pulled up within five or six yards after running over her—Barrett did come to the front of the pony and lay hold of its head.
Re-examined. I have had the pony eight or nine years—it is two or three years since it went to Epsom in an hour and 20 minutes.
NOT GUILTY .
MR. RIBTON Prosecuted; and MR. FRITH Defended.
MATILDA MASON . I am the wife of Robert Mason—on Saturday 29th, I went to the General Abercrombie public-house, Friar Street, with Mary Benton, the deceased—the prisoners were there and Benton said to Richards, "I could do very well with 32s. that I had stolen from me"—she did not say "that you stole," but Newberry said, "And you accuse my mother of taking it," and struck her very juicily at the side of her head or in front of her face—she then put her child on the floor and caught hold of Benton, and they fell together—I assisted Benton up, and then Richards struck her, I can't say where, and she fell backwards—we were ordered out, but Benton and I remained in; we left together and went over to the Bell; she seemed right enough, but she complained of her head next day to me, and said it was very bad—she was sober on the Saturday night, but she had had a little drink.
Cross-examined. I had had a glass too; I can't say how often I filled it—I do not know whether Benton used to take a great deal of drink, I have had a drop with her sometimes—I had known her some time as a neighbour—I do not know whether she had a tumour, or whether she had been attending a hospital for some time—when she was ordered out she refused to go—she may have used her fists too after the first blow; I cannot say that she did not—I did not see a woman named Chafey there, nor do I know her—what Richards said was, "I could do with the 32s. that I had stolen from me, and you accuse my mother of taking it"
SUSANNAH FIELD . I am a widow, and live at 17, Blunt Street—I Was in the General Abercrombie, the deceased was there when I went in; she said to Mrs. Newberry and her mother that they were drinking at her expense with the money they had bested her of—Newberry said, "If you are talking to my mother, I am talking to you; you accuse my mother of robbing you of the money?"—Mrs. Benton said, "I was not talking to you, I was talking to your mother," and she put the baby down and struck her on her face with her hand or her fist, they struggled and fell—I saw no hair in Newberry's hand—they were taken up, and when they were trying to sit Mrs. Benton on a seat, Richards reached across and hit her on the nose, but it only knocked her on to the seat—I did not see Benton kick anybody—I saw her next on the Monday afternoon at 3.45 in her own room, with her hands up to her head—she appeared suffering—they were all sober.
Cross-examined. I did not see the beginning of it—I did not see Benton spit upon one of the prisoners—they were at one end of the bar when the blow was struck and I was at the other, and the bar was full of people between me and them, who made a sort of ring round them.
JAMES SANCTUARY (Police Sergeant M 15). On 2nd April I heard of Benton's death, and toot Newberry at 5.45 the same evening—I said, "I am a police sergeant, you are Ellen Newberry?"—she said, "I am not"—I said, "I shall take you in custody for being concerned with your mother in causing the death of Mary Ann Benton, by assaulting tier in the Abercrombie public-house on the 29th"—she said, "It is false, I did not know she was dead till just now"—on the way to the station she said, "We were there; Mrs. Benton struck my mother, my mother did not strike her, I kept my mother back"—I then charged her.
JAMES HUNTLEY (Police Inspector). I took Richards on 3rd April, and told her she would be charged with being concerned with her daughter in custody in causing the death of Mary Ann Benton; and assaulting her at the General Abercrombie public-house on the 29th—she said, "I was grossly insulted, and the landlord must prove it"
Cross-examined. I do not know that Newberry was summoned as a witness before the Coroner.
WILLIAM WORTLEY . I am manager of the General Abercrombie—I saw the prisoners and the deceased in the bar, but being busy did not see the details—I heard them quarrelling, and told them to leave off, and I called the potman, who turned them out.
Cross-examined. Benton stayed there five or six minutes after the prisoners left—she seemed rather excited, but did not appear injured that I saw—she got up and walked away.
CYRIL LLOYD JONES , M.R.C.S. On 1st April I was called to the deceased, and found her unconscious and incapable of being aroused—her breathing and pulse was slow—there were a bruise at the back of her head, and handfuls of hair were missing which had been torn out from the roots—two places, about the size of a crown-piece, were almost bald—I saw her three times, and she died the next day from blood being between the skull. and the brain—I made a post-mortem examination—violence of the sort described would account for what I saw, but I cannot say whether it was caused by a fall on the back of her head or a blow—the effusion of blood could only arise from violence, not from any internal cause.
GUILTY .— One Month's Imprisonment each.
Before Mr. Recorder.
MR. HURRELL Prosecuted.
HENRY CROSS (Police Constable P 73). On 9th April, about 10.25 p.m. I was at the back of St. Giles's Church, going round to examine the doors, and heard a noise at the far end of the church—I went to ascertain what it was and found' a bundle on the churchyard path, and farther on I saw. the prisoner with his face to the wall—as I got close to him he turned round and tried to pass on my left—I caught hold of his left arm and then of his wrists and secured him—I asked what he was doing there—he made no
answer—I asked how he came to be in the churchyard—he said that he did not know—I took him to the station, and then went back and examined the church, but found no trace of it being entered—I took the bundle to the station—it contained three table-covers, two valences, and one curtain—I then went to the reserve room where the prisoner was, and found two small mats lying at his feet—he denied all knowledge of them—the verger let me into the church and I found that an entry had been effected by getting on the vestry roof and forcing out a window at the top of the vestry door, ten or twelve feet from the ground—there is a railing and wall round the church—the prisoner was perfectly sober.
WILLIAM ROBERTS . I am verger at Camberwell Church—on 9th April, about 11.45, Cross called me; we went to the church and found it had been broken into, and I missed these articles (produced); they belong to the churchwardens—I had left the church in charge of the organ blower, who was present during the choir practice that evening.
The Prisoner read a written defence stating that he was in a public passage and had not got over the railings, but that Gross, knowing him as an old offender, took Mm to the station and placed the mats at his feet.
PLEADED GUILTY**— Twelve Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
MR. W. SLIEGH Prosecuted; and MR. PURCELL Defended.
MARIA DIAMOND . I am single and am living at 37, White Street, Long Lane—at 11.30 on Saturday night I met the prisoner and he treated me with drink, and We went together to a coffee-house in Blackfriars Road, and we went into a room by ourselves—he gave me some money and asked me to stay all night, and when I declined he commenced rowing, and before I was aware of it I felt blood coming from my chest—my dress was undone—I said "My God! what have you done?"—he rushed out on to the landing and cried "Landlord! Landlord! come and see what I have done. I've done it," and produced a white-handled pen-knife as the landlord came up, who kept him till a policeman came—I was taken to the hospital in a cab.
Cross-examined. I met him about 11.30—we went to two public-houses and had drink—we had nothing to drink in the coffee-house—we had been there some time when the quarrel took place—there was no struggle—I had my jacket on and my dress undone—when I declined to stop all night he was angry and excited.
DAVID GAMELL . I manage the Royal Surrey Coffee House, Blackfriars Road—Mr. Charles Lorard, the proprietor, lives in the country—on the Satuday evening, about 12 o'clock, the prisoner and the prosecutrix engaged room, and about an hour afterwards I was called up and saw them both standing there, and the woman bleeding from her chest—I could not see if her dress was opened—the prisoner said, "I've done it, I've done it! There's the knife Send for a policeman"—I did so, and a doctor came, and the woman was token to the hospital.
Cross-examined. They were there about an hour—I heard no noise—I let them in, and took the money for a night's bed, and the house keeper showed them the bedroom—they did not say how long they were going to stop.
HENRY LESLIE BATES . I am resident dresser at Guy's Hospital—the prosecutrix was brought to me about 3.30 a.m. with a wound on the left side of her chest, immediately over the second rib, close to its junction with the breast bone—it was a clean wound, half an inch long, with smooth edges; such a wound as would be caused by this knife (produced)—it was not dangerous, but in a little different position it would have been.
RICHARD STAMP (Policeman M 296). I found the prosecutrix bleeding, and took the prisoner in custody—he said, "I have done it with the knife"—this is the knife; it was in Gamell's hands—I took the prisoner to the station and found on him this handkerchief covered with blood—he was a little excited, and might have had a glass or two.
Cross-examined. He did not say it was his knife.
GUILTY of unlawfully wounding .— Twelve Months' Imprisonment.
MR. W. SLEIGH Prosecuted.
THOMAS TEDDER . I am a timber merchant, of 11, Derwent Road, Peckham—about 11 p.m. on April 1st, hearing screams, I ran and saw the prosecutor lying in the gutter, and the three prisoners leaning over him—I am sure they are the three—McCarthy ran away, and Rabbits and Delury stood at the gate—I pointed McCarthy out, and a constable apprehended him—I recognised McCarthy, not only by his hat, but by his coat—there is a public-house within four yards.
BENJAMIN POLLYN (Policeman M 129). I saw the prosecutor drunk, with his hat off, and apprehended McCarthy at the public-house—Tedder pointed him out—I said, "I shall take you in custody on suspicion of being in company with two women and assaulting a man in Mint Street three minutes ago"—he said, "I have only just come in"—I took him to the station, and then went to a public-house, and Tedder pointed out Rabbits—is told her she would be charged with assaulting the prosecutor—she laughed and jeered, and on the way to the station said, "I suppose I shall be searched; you had better take these, they belong to the old bloke," handing me this string of beads—I found 1 10d. on her—I went with Tedder to a court in Mint Street, found Delury, and told her I should take her to the station.
FLORENCE SULLIVAN . I am a bricklayer's labourer, of 17, Silver Street, Shoreham, Sussex—on this night Rabbits spoke to me in Mint Street and asked me to stand some drink—I said, "I am not in the habit of speaking to women in the street"—I walked on and was knocked down by some one—I was the worse for drink—I called out "Police," and a policeman came up—these beads are mine; a crucifix has been taken off—I also lost a pocket-knife and some loose money.
Cross-examined by McCarthy. I had money in this belt; the loose money was in my trousers pocket.
Cross-examined by Rabbits. I did not give you the beads; they were in a bag in my pocket.
Cross-examined by Delury. I do not recollect seeing you.
By the COURT. It was between 10 and 11—I had taken lodgings in Mint Street about 7 o'clock, and then went to two or three public-houses—I was the worse for drink, but sensible—Rabbits spoke to me—I did not go to a public-house with her to my knowledge—I had 2l. in the belt—I bought a coat in Westminster, and sold it again to keep myself—I have had no work since, and have had to spend the money to keep myself—I last saw this knife in my pocket, and used it the same day for bread and cheese, and recollect putting it in my pocket again.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. H AVORY Prosecuted.
JOHN PRITCHARD . I am barman at the Star beerhouse, Walworth Road—on 13th March I served the prisoner with half a pint of beer—he tendered a bad shilling—I broke it in half on the bar, and threw it back—he was going to pick it up, but I did so and kept the pieces—these are them (produced)—he paid with good money and left—on 31st March he came again for some ale and tobacco—the landlord's little daughter served him—I was in the bar—he tendered 1s.; she put it in the till and gave him 10d. change, and he left—I immediately went to the till and found one good shilling, one bad one, and some sixpences—I took the bad shilling out and gave it to the policeman—here are two or three here, and I cannot tell which it is—it was dated 1872—I mixed it with other bad shillings—two days afterwards, on 2nd April, he came again for half a pint of four half—I served him; he tendered a bad shilling—I told him it was bad, and threw it on the bar—he picked it up and walked out without the beer—Drew followed him, and Riley brought him back.
Cross-examined by the Prisoner. You did not say that you received it from a gentleman at the Elephant and Castle—directly I said that it was bad your hands were all of a shake, you could hardly hold it.
JOHN WIDDOWS . I am potman at the Star—on 13th March I saw Pritchard serve the prisoner, who broke his shilling in half, and threw it on the counter, but kept the pieces—I have no doubt that the prisoner is the man.
Cross-examined by the Prisoner. You did not say in my presence that you received it from a gentleman at the Elephant and Castle.
JOHN DREW . I am a carpenter, of Royal Terrace, Kennington Park—on 2nd April I was at the Star about 4.50, and saw the prisoner served—he tendered a shilling, the barman gave it back to him, and I followed him, and
told a constable, who took him in charge—he pulled the shilling out of his pocket, and gave it to the constable—I saw him taken back to the Star.
Cross-examined. You told the barman that you received it from a cabman at the Elephant and Castle.
Re-examined. He said that it was given him by a gentleman for hailing a cab.
JOHN RILEY (Policeman P 373). Drew pointed out the prisoner to me, and I put my hand on him, and said "Where is that bad money you have got?"—he put his hand in his breast-pocket, not his trousers pocket, and pulled out this shilling (produced)—I said "Where did you get that from?"—he said "I had it given me by a gentleman for hailing a cab"—I took him back to the Star, when the barman charged him.
The Prisoner's Statement before the Magistrate. "I never was in the house before in my life till 2nd April I went in with the shilling which I got, as stated, from a gentleman, and the barman said it was a bad one, and gave it me back. I said I was sorry, and explained how I got it, and walked out, and was apprehended by the constable."
Prisoner's Defence. A gentleman asked me to call a cab, and gave me a shilling. I did not know it was bad.
GUILTY of the utterings on 13th March and 2nd April — Twelve Months' Imprisonment.
MESSRS. MONTAGU WILLIAMS and Nichol Prosecuted; MR. GILL Defended Short.
HENRY YATES . I am a fish curer, of 8, Falstaff Yard, Tabard Street—on 26th March, about 7.20 p.m., I saw Collins by the Falstaff public-house—I knew him as Teddy Ruck—he said "Will you buy three bags of onions?"—I looked at them—he had them on a barrow—these are them (produced)—they were marked with a green triangle—I said "How much will you take?"—he said 5s.—I said "Well, bate me 1s. 6d., and I'll buy them, but I shall have to go and borrow the money"—he said "All right, you shall have them"—I came back in five minutes, and bought them—I paid him 13s., and 6d. was spent in ale—I made a communication to Inspector Stevens on the 28th, when I was taken in custody for receiving—I was remanded on bail to 4th April, when I was fetched out of bed at 1 o'clock to come and swear to Collins—I was in the cell with Collins and another prisoner on the 4th April walking up and down, and I said "I wish for God's sake I had somebody to look after my wife, she is half blind, and likewise my old mother"—Collins said "I'll tell you how these things came;¦ two came in one van, and one in another"—he said nothing about what they contained—he said "I had to get up the next morning to get four more, and I didn't get them; a chap named Boss got those, but in the afternoon I got one myself; I should not like to see poor Bob Short took, on account of his wife and family"—Short was not taken then—I was then taken to Clerkenwell, and I asked to send a letter out, but could not—I made a voluntary communication to the police in consequence of which I was discharged at the next hearing, and gave my evidence.
Cross-examined by MR. GILL. I was arrested by Detective Stevens on the night of 27th March at my house—I said "For God's sake don't take me, Mr. Stevens; I'll tell you all about it"—I was charged before the Magistrates; and Detective Stevens bailed me on the 29th—I was put in the cell on the 4th April by one of the screws (turnkeys)—I don't know why. it was after' the second remand, when they would not take bail for me—Collins said it—must have been done for something that was after his statement to me—I was out on bail after the first and second remand, and before Collins was arrested—Stevens gave me no reason for my being put in the cell—I was frightened and anxious to get off, but did not think it would help me to give information—on the second remand I sent out for Stevens, and he got my masters to bail me—I had no idea of giving information—after I was out I sent for him, and offered to tell him what Collins had told me—I said that before the Magistrates—I told' Stevens of this conversation on the Wednesday—I was let out on the Monday morning—I could not tell Stevens at once—I was at work at Clerkenwell—Collins did not in the cell say what was in the bags—it was when I bought them he said that they contained onions—Short and Berry were taken on Tuesday, the morning before I gave this conversation—I have not found out that Collins has no family; I have made no inquiries about them—I never saw him before—I was got off directly after the conversation—I told the conversation to Russell, the railway policeman, before I was discharged—another man was in the cell, but could not hear the conversation.
Re-examined. I gave the information voluntarily and without pressure—I was charged at the police-court on the 28th, and bail found till the 4th, when bail was refused, and I was put in the cells and this conversation took place—I came out on the 7th, and sent for Inspector Stevens on the 9th, and then told him what I have said to-day, and he said "I will send for a solicitor for you"—I saw Inspector Russell on the 12th, and made the same statement to him.
By the JURY. There were three of us in the cell during the conversation—Collins whispered to me, and I do not think the other man could hear it—I did not know the other man—I knew Berry, and I knew Collins as a hard-working man all my lifetime.
LEWIS LEVY . I am a salesman at the Borough Market—on the 24th March two of my vans went for onions to Goodman's Yard, one in charge of Short and the other of Berry—Short went first about 2.30; he is our regular carman; Berry is an odd man—the onions were brought, and I received all I expected—the value was 9s. 6d. per bag retail and 8s. 9d. wholesale—Short had no authority to employ Collins to assist him; I should not pay an extra man, and it would be contrary to my orders—Inspector Stevens made a communication to me.
Cross-examined by MR. GILL. Short was with me on a regular agreement, and I have known nothing against him—he went to take a load of 50 bags of onions—I do not know how the bags were packed on the van—he had three loads of 50—the goods yard is about two miles from where he had to bring the onions to—he has nothing to do with loading—the beadle of the market checks the numbers, and the vans are loaded by porters—I had a five years' good character with him when I engaged him—he had been in my employ 12 months—I should be willing to take him back if he is not convicted.
the Great Eastern Rail way—on the 17th March there was a consignment of 496 bags of onions for Daniels, of Spitalfields—I produce the invoice duplicates—on the 25th there was another consignment of 504 bags, making 1,000—I checked 100 bags from the first consignment into the warehouse from truck 5800, and 109 from truck 6184—that was all I checked—on the 26th two Tans of Mr. Levy's at 5 o'clock—Short had been with vans I think twice before on that day—the carman produces an order from the consigned, brings it to our clerk, and gets an order from him for the number of bags he wants and brings it to me, and I turn it over to the checkers with four porters to load them—the checker goes to the lot which the carman has applied for, tells the four men to bring, them to the loophole in the ware-house, to the tail of the van, which is backed up to the loophole—a checker stands there and counts them into the van and when they have brought a sufficient number he tells them to stop—they are packed in the van sometimes three in front; they can pack them four all through the van—I have seen them pack three across and then four till they come to the tail of the Van, and then three across the tail as in front—they are packed according to the quantity they load—if they pack 40 there would be three rows of eight down the van by putting three across—unless watched a van loaded for three could be loaded for four without its being seen from the outside—I have often checked—I have had occasion to leave the loophole when I have noticed men bringing up the wrong marks—when the loophole is thus left they might bring up a bag not checked, but it would be a great risk—I saw Stevens on the 27th, and on going over the warehouse I missed 13 bags—I told him so—these (produced) are similar bags—no one else has the same mark—they are Mr. Daniels's.
Cross-examined by MR. GILL. The 1,000 bags were aft marked with the green triangle, and all came to Goodman's Yard, about half of them on the 17th and the rest later on—I have not the order-hook, and cannot tell when we first began delivering—we may have been delivering them on the 18th and every day to different people—several different carmen were taking onions, &c, on the 26th—nobody is allowed in Goodman's Yard but carmen and people coming for samples—if I found people there who had no business there I should ask them what they wanted—a man coming in with the carman has no right there except to bring me the order—the vans do not come into the yard, but to the loophole in the street—the loopholes are numbered 7, 8, and 9—No. 3 is in the yard—I think Short came three times on the 26th—one man checks the onions as they are taken out of the truck into the warehouse, and they may stand there for weeks—when a lot is wanted the cart is brought close to the loophole and the order is brought to me and I give directions to the men to bring the number required—there would be a checker and four men for a delivery of 50 sacks—the checker checks them in a book as they are brought across the warehouse into the van, and he signs for the load before the loading is completed to avoid going back to the office—in case of doubt the checker would count them again in the van after the loading—it might be possible for a carman to get a bag of onions out of the warehouse during the checker's absence, but it would he very unlikely—he would have to get into the loophole, and chuck the bag down, and would run a great risk—the carmen come into the warehouse with orders—other people's onions are loaded at the same time, but not at the same loophole—when an order comes in the onions
may be taken to any loophole—there are four warehouses and four loopholes—the gangs take them by turns, but finish one load before loading another.
Re-examined. There is no necessity for a carman to employ another man to help him, the bags are only 1 cwt.—the other bags belong to another" man, and the mark is a little different.
WILLIAM BEVAN . I live at 14, Roman Road, Old Ford, and am a checker in the Great Eastern Railway Company's employ—I have invoices here with' a mark upon them—I checked 99 sacks into Goodman's warehouse on the 17th March, and 50 more on the 25th—I was on duty at the loophole on the 26th, and saw Short there about 5.30 to 5.45, in charge of a van which was being loaded—I cannot say whether Berry was there—my initials are here for 30 bags of onions, showing that I did load a van—it was Levy's van; Short was standing in it—I saw another man in it, but I could not swear to him—I picked out Collins at the police-court as the man, when I had not seen Berry—on the first day I was at the police-court, I was outside with Warman before the case came on, and Collins threatened us and said if we identified him he would make it warm for us—he was not intoxicated.
Cross-examined by MR. GILL. He was not in custody then—I saw Collins in the street before he threatened us; and I said to Worman that I thought that was the man—I had not then seen Berry—I saw Collins and Berry' charged together at the police-court, but I was not sure then which it was, they were so much alike—there was only one man with Short in the van—I was at the tail of the van and at one loophole the whole of the time the van was loading; that was my first load that day—another checker had been on earlier in the day, and onions were being delivered all day.
JOHN WORMAN . I live at 3; West Place, Bermondsey, and am a checker at Goodman's Yard—I produce a duplicate invoice—I checked into the warehouse on the 25th March 50, 110, 100, 88, 94, and 73, making 515 bags of onions—I was at the loophole as checker on the 26th, and saw two vans there, one Levy's and one a stranger's—Short was in charge of one—I did not see Berry—I loaded 50 bags on Short's van assisted by ten men—some wrong marks were brought up; and I left the loophole for about ten or fifteen minutes, and on my return, about 5.30, I saw Short larking with Collins—we were about to close, and I went to another warehouse upstairs, and when I came down there were two empty quart beer pots on the loophole—I said to Short, "You are b——free with your beer; you must have one or two over on this van"—he said, "I have not; jump down and count them"—I jumped down and counted 50, to the best of my knowledge, and got up to the loophole again—I could not say how many bags in a row there were—I have seen them packed in such a way that there might be more than 50—I did not unload them to count, because I felt satisfied that the number was correct—I do not know who loaded the other van—there was a van of Phillips's, of Long Lane—Collins was not in the van when I went away first, but he was when I came back—Bevan and a porter named Knott and myself were outside the police-court on the 4th April—Bevan
said, "I think that is the man that was on the van when I loaded"—I said, "I am sure it is"—Collins came over and said, "What do you say?"—he van said, "You are the man that was loading at our place the other day—he said, "You are a b——liar.; if you recognise or identify me I'll make it warm for you"—I did not know he was in custody then—I have not the least doubt that Collins was the man on the van—I went away the second time to lock up the premises, and was away half an hour—they went on loading—there were others there when I left, and another van was going to load after that—I am certain I loaded 50 bags—they would not have to unload again to load more—I could have seen by the tail-board if they did so—I did not see the 50 put in—beer was sent for before I went away.
Cross-examined by MR. GILL. I checked from different trucks 515 bags—I did not say 446 at the police-court—I went by my duplicates—my deposition was read over and I signed it—446 might have been the number—I did not see Berry, only Short and another man—Collins and Berry are alike—I would not swear Berry was not there—I left before the second van was loaded-ten men, two or three gangs, were helping altogether—we did not load two or three vans together—I knew I had to load 50 bags into Short's van—I did not check 50 bags across the warehouse—I did not keep count, as I knew Short by sight—the bags were brought from another floor 25 yards from the loophole—I did not see that 50 bags, the proper number, was brought, because when they began to load they were bringing up wrong marks, and they got mixed on the trucks, and it put me out of my calculation—I went to the other warehouse on the same floor, 25 yards away, to examine the marks, and men were left at the loophole to deliver them on the vans, but not to count them—the van was not quite loaded when I returned, two more bags were put in—there was time for it to have been loaded and driven away—I counted 50 bags before I went upstairs—I jumped down and counted them, and before I left the van was loaded—the loopholes are shout 30 yards from each other—two or three gangs were working at this loophole; we had done working upstairs—I never heard that the carmen have to give the men beer—we have had beer from the masters, but not from the men—it is not usual—I have not heard that he charged the beer to, his master—I have been a checker three months, and on the railway about eleven months—I have not had much exepience—I did not see Berry—when we saw Collins by the police-court the observation was made so that he could hear—I gave my evidence about a fortnight ago, the 26th.
Re-examined. The conversation was in the street by the Court—I gave my evidence on that day—the bags were brought up from behind me, and I checked them as they were put in the cart—I checked them one by one till I got to about 20, and then they brought wrong marks and I went to see about them, and afterwards counted them from outside the van—I had to go a second time and after I came back the van went away—I did not see Short in the warehouse.
JOSEPH NOTT . I am a porter at Goodman's Yard—I do not check, but was employed to do so on the 26th March, and this is a paper I marked upon—I checked 30 bags as they were put into Levy's van in charge of Short, at 2.30—Short was alone—I had occasion to go from the loophole, and on my return I counted them and found 31 bags—no one was left in my absence—I spoke about it and Short said "There's the bag, take it off"—I did so.
Cross-examined by MR. GILL. I was not there all day—I only saw Short that once—five or six men were loading the van—no one else was checking—I bad never checked before—we check them by marking on the back of the order as each goes into the van, and then we count them on the van—I said "One of our men must have put on an extra bag in mistake,"
Re-examined. I also said nobody would have a right to put on the extra bag—the van was loaded—I was not away many minutes—the van could have driven away.
GEORGE WRIGHT (Police Sergeant H). I took Short at the Borough Market on 8th April at 7.30 a.m.—Inspector Stevens, who was with me, said to him, "You will be charged, with two other men under remand, for stealing three bags of onions, the property of the Great Eastern Railway Company"—Short said, "I know nothing about it; I fetched three loads away, three fifties, which I signed for"—on the way to the station he said, "How can you prove I stole them?"—I said, "Men from the Great Eastern Railway Company will be called"—he said, "They know more about it than I do."
Cross-examined by MR. GILL. Those were his exact words.
BENJAMIN POLLYN (Policeman M 129). At 11.30 on the 28th March I saw Collins in Blackman Street, Borough, and told him I should take him in custody on suspicion of stealing three bags of onions, the property of the Great Eastern Railway—he said "All right"—at the station he said, "I bought them in the Borough Market for 10s. from a man I don't know."
RICHARD STEVENS (Police Sergeant M). On 27th March, about 9 p.m., from information received, I went to 8, Falstaff Road, Tabard Street—I watched till nearly 1 a.m, and saw Yates go to bed—I went again about 5 a.m. with another officer (No. 154), and a girl let us through No. 9, and we got to the back of No. 8, where I left the other officer while I went to the front—I knocked, and Yates looked from the bedroom window, and came down and opened the door, and I saw inside the door three bags of onions marked with a green triangle—this (produced) is one of them—Yates then took them on a barrow to the station, and from what he told me I made inquiries, and found they had been stolen from the Great Eastern Railway—Pollyn apprehended Collins the same evening—Yates was brought up at the police-court on the 28th, and Collins on the 29th—Yates was bailed, and Collins was allowed to be out on his own recognisances—on 4th April they appeared together—on the 5th Yates's mother had been to the police-court and applied for her son to be bailed—the inspector sent to ask me if there was any objection—I said "No," and he was bailed out on the Monday—I saw Yates on the Wednesday after that, and again on the 12th, and he gave me similar information to that which he gave when arrested—I heard him give his evidence at the police-court on the 12th, and it is the same almost word for word—Collins is called "Teddy Ruck"—I have known a man called "Boss" about 10 years; his name is Samuel Trentham—I have frequently seen him with all three of the prisoners—I have searched for him daily since the 26th March, but cannot find him.
Cross-examined by MR. GILL. I do not think Yates's case appeared in the newspapers; I never saw it—Collins was at the Court on the 29th, and out on bail till the 4th April—I knew where Short worked, and should have taken him on the 28th if I could have seen Boss—the conversation in the
cell was on the 4th April—Yates and Collins were put into the cell together for threatening the witnesses outside the Court—Yates was in custody till the 7th—I did not see him or hear of his statement till the 9th—he was put in the dock on the 12th, some evidence given, and the case withdrawn.
Re-examined. I took Berry at 4, Mitre Court, Mint Street, Borough, on April 8th, about 6 a.m.—he opened the door to me—I said, "I shall take you in custody for being concerned with two others in custody in stealing three bags of onions from the Great Eastern Railway on the 26th of last month"—he said, "I know nothing about it,; I only signed for two thirties. I brought away"—I said, "You signed only for the thirty that you made your mark to, and Short signed for three fifties and one, thirty"—he made no answer.
Cross-examined by MR. GILL. I said I should take him for being concerned with Collins and Yates—Short was not in custody—I think I said the same thing at the police-court, but might not notice the omission of Yates's name in my deposition—I did not know Short's writing; it was pointed out to me.
JOSEPH PURCELL . I am beadle at the Borough Market, and 'know a man called Boys, who, till a month ago, was constantly in the market, and got his living there—I have seen him with the three prisoners—I have looked for him, but he has not been there for the last month—I am in the market daily from 6 to 6—I know the three prisoners as having been working there.
Cross-examined by MR. GILL. Men are standing in the market every day waiting to get a job—I was there on March 27th when Short was delivering onions, but do not know if he brought three loads of 50—I only saw the last load—I did not come till.7 o'clock at night—another beadle was there; he is not here to-day—there were 50 bags on the van I checked—I have known Short there some time as a carman.
ANTHONY SMITH (Re-examined). I have fetched this delivery-book (produced) from Goodman's Yard—the clerk was not there—I saw Short sign it on the 26th—he signed for three fifties and one thirty; and one thirty is signed for by Berry—no hours are specified, but I can speak to it being 5.30 when they were delivered.
Cross-examined by MR. GILL. I am the foreman of the warehouse and am about the loopholes—a clerk kept the book—I was there when Short signed for the last 50, and I told him he was just in the nick of time, and I gave the clerk directions not to send out any more orders—I was at the police-court at the first hearing—I do not think the company was ready then—I do not know whether Yates was in custody—the company took it up two or three days before I reported the case—Stevens told me on the 27th, and I went another day to the police-court by his direction—the company were not represented, and I do not know who conducted the prosecution—I was not called on—I inquired for Stevens, but I could not get in—the company prosecuted on April 4th—I was there then, and I think Yates was charged—I know Short's writing.
Re-examined. The men in the yard are obliged to assist in the loading when the order is issued from the office—when they were delivering the 50, Short said he had a pal of his for 30—the foreman said, "I shall issue no more orders"—Short said he had promised to give the men two pots of beer to assist him; he ordered the beer.
NOT GUILTY .
MR. GRAIN Prosecuted; MR. M. HEWITT appeared for Risden, and MR. FULTON for Green.
WILLIAM SHEEN . I am a cab proprietor, of 37, Canonbury Road, Islington, and have stables in Little Queen Street, Kennington, at the back of the Horns Tavern—on 31st March I received a 5l. note in the Horns at about 4 p.m., from a customer from Mitcham—I knew nothing of Risden then, and had never spoken to Green, but had seen him in the neighbourhood—I did not notice if other persons were in the bar when I received the money—soon afterwards, while I was drinking with four customers, I noticed the prisoners come in with others—we had four small 1s. 3d. bottles of chapagne, and I stayed after my friends had left, but had not spoken to the prisoners; Risden said to me, "Is not your name Mr. Sheen?"—I said, "Yes"—he said, "Used not you to have a lot of numbers at the London and Brighton Railway?"—I said, "A few"—he said he had a quantity there—I said, "I had eighteen there this time three years"—he said, "Oh! I used to be in that business myself, but I am out of it now, I am a barman"—he had a double-breasted black frock coat on, and was dressed very respectably, not as he is now—he said, "I am cut of a situation, I have a friend or two here and we are not very cashy, would you mind standing treat?"—I said, "Oh, with pleasure, anybody thirsty can have a drink," and they all drank and I paid for it—Green was standing by and had not spoken, he and Risden drank with the others—I should think there were seven or eight of them—I had had a little and might be a little fresh—I did notice what I paid—I pulled out a sovereign to pay for it—I had about 50l. loose in my pocket—they had what they liked to call for, and when they had drank it Risden tapped me on the shoulder and said "Well, we could do another one"—I said "Not with me me you won't"—he said "A pretty b——sort of a cabmaster I expect you are"—I said "I never said I was a cabmaster"—he said "Oh! a nice fellow, no doubt; I don't know how many of you I could not do"—I replied, "No doubt-; I am not a fighting man, but I should take my own part with the likes of you"—he then shoved me and I hit him back—this was in the front of the bar, and about seven or eight people were there—he said "Come outside"—I said "Yes, if you like," and we began to fight, and the police came up and Risden went away, and I went straight to my stables—about 20 minutes afterwards (about 7 o'clock), as I was washing my hands, Risden came rushing into the stable with his coat on his arm and said "Oh! this is your b——stable, is it?" and struck me with his fist just in front of the ear—nobody was there but my stable boy, a one-armed lad—Green and two others followed Risden in within a minute—Green took me by my trowsers leg, tearing it up, and another man caught me by my collar behind, tearing it from my shirt—they were all round me, and got me down, and kicked me when I was down—while I was on my back Green was kicking me and Risden punched me about the head—I managed to turn over and get up, and then Risden pinned me from behind and Green put his hand in my right-hand trowsers pocket, pulling it inside out, and the silver flew about the coach-house—I saw him pass the 5l. note over to Risden—I said "So that's your game, is it?" and seized Green and put him on his back—they cried "Loose him, you s——," and commenced kicking me—I said "I'll never loose him unless you cut my hands off"—I heard a cry of "Police!" and Risden and two others jumped into a cab which they had at the gates waiting for them, and away they wentc—I stuck
to Green and gave him in charge—we picked up the silver after, and nothing was lost but the 5l. note—I appeared at the police-court against Green next day.
Cross-examined by MR. HEWITT. My first order at the Horns was for dour bottles of champagne, and after my friends left I had several small glasses of ale by myself—I was not noisy or intoxicated, and was not turned out—I had been to the Rifleman, near my stables at the back, earlier in the afternoon, and to the Alderman in the morning—Eisden struck me first when we fought—I swear he is the man—I had not been fighting before with another man, nor had Eisden been taking my part—I never invited him to finish the fight at a future time, or said anything about taking down the Kensington boys—I did not hold up my hands in a threatening manner to Eisden after we had been separated, or beckon him to the stables—I had my coat off washing my hands in the stable—I did not strip to my waist and put my braces round my waist—I did not say to him "I will pay you now"—Eisden's pals kept the gates shut so that he should not be seen; I did not order anybody to shut them, and nobody pushed a cart back to make room for fighting—I told the policeman I had lost a 51. note; I did not say 50?.—Eisden did not show any inclination to go away until he heard the cry of "Police I"—I received the 51. note at the Horns from a man from Mitcham—he bought a brown cob, van, and harness the previous week for 47l. 10s., and he gave me ten 5l., notes and I have him the change and a. receipt—he gave me two names, Thorn by and Gardner—I never knew him before and have not seen him since—I have not seen his name in connection with any legal document or proceedings—he came back the next week and said "I don't like this mare, I should rather have a smaller one, have you got one you can exchange with me?" and I exchanged a pony with him for the cob and 41. 10s. for the difference in price, and he took a set of harness for the 10«. and-gave me the 51 note at the Horns—it was not paid at the Alderman—I deal in horses and am a cab proprietor, and have been so for 18 years—I was tried for horse chanting once—it was a mare that was returned to me in exchange for a pony—the man did not say it was worthless, but that it was too big—I have never heard that the pony died four days afterwards of structural disease, and I do not know that it is dead, or that criminal proceedings have been instituted against me in respect of it—J have not heard of any dissatisfaction at all—I was tried at the Middlesex Sessions for selling a horse which died, but I was acquitted.
Cross-examined by MR. FULTON. I might have been a little frosh—I had seen Green about the Horns, but had never spoken to him before—I did not notice either of the prisoners there when I received the 5l. note—they came in afterwards—the 501. in gold was in my left-hand trousers pocket, and the right-hand pocket contained the 51. note, some silver, and a few halfpence—Green did not interfere outside the Horns in the quarrel between Eisden and myself—I did not notice any of the crowd urging either of us on to fight—Green came into my stable yard while I was struggling with Eisden—it was 7 o'clock and not about dusk—I did not notice which way they went when the policeman came—I was getting up when my pocket was turned out—I am quite sure I saw Green pass the 5l. note to Eisden—I did not miss any other money—I did not notice who was present when I received the 51. note, it was a good sized bar.
Re-examined. I was asked at the police-court for the address of the man from whom I received the 51. note, and I gave them the address, and so far as I know they have had the means of bringing him to contradict my statement—they would have got to the other pocket if they had had time—Eisden jumped into the cab and said "Drive on, Jack, you know where to take us to"—I sold a horse at Leighton Buzzard some time ago, and the gentleman said it was unsound—it died afterwards and he summoned me about six weeks or two months ago for obtaining the money by false pretences, and I was tried before Mr. Serjeant Cox, and was acquitted—I have lived at Islington for 18 years—I had cabs before that and still have cabs licensed by the police, with the Scotland Yard numbers.
By the JURY. There was a good deal of struggling while I was on the ground, but no money fell out of my pockets until he put his hand in as I was getting up.
JOHN GARRETT . I am horsekeeper to Mr. Sheen, at Kennington, and live at 2, Norfolk Street, Islington—I was minding the stable on 31st March between 6 and 7 p.m., when my master came in—I saw he had had a blow in the face, and he took (lies coat off and began to wash his hands when Eisden came in and said, "This is your b——stable is it?" and commenced punching the master, and they had a fight—Green and some other men then came in, and got hold of him by the trousers leg and the back of his neck, got him down, and began kicking and punching him, and. I sent a sailor boy for a policeman—I got the broom-handle up, and they took it away and knocked me down—I have only one arm—the sailor boy is not here—he was called at the police-court—when I had sent for the police I came in again, and saw Green with his hand in my master's right-hand pocket; it was turned inside out—he had shown me a little hole in that pocket before, and he put the large money in it—the hole might have let half a sovereign through—I saw three half-crowns, several florins, and some coppers on the floor while ha was holding Green down, and we picked them up and gave them to my master—as soon as the policeman was coming Risden and somebody else jumped into a should cab and drove off—my master was not drunk, he was sensible—I did not hear him challenge Risden to fight, and heard nothing said about closing the gates so that they could have a fair fight—somebody pushed them to, but they were soon pushed open again—I did not push them to—there was a cart there, but I did not see it moved to make room.
Cross-examined by MR. HEWITT. It was not a fair stand-up fight, and they were not stripped to the waist, nor were my master's braces tied round his waist—he had his coat off washing his hands—he was not drunk—I never saw the 5l. note—I came to his assistance with the broom-handle—it was not a pitchfork.
Cross-examined by MR. FULTON. I said before the Magistrate I saw Green with some money in his hand—I have not said so to-day because I was not asked.
ISABELLA LOWE . I live in Queen Street, Kennington—I was opposite the stables, and saw Risden go in the gate—I knew him by sight—I went over soon after, but the gates were shut, and somebody holding them from the inside—I could not see through—a man standing outside with his back to the gate said, "Let them fight it out"—I pushed at the gates with a good many other people—the gates were opened, and I went inside and saw Mr.
Sheen on the ground with Risden on the top of him and Green by his side—somebody outside called out, "Shiner, here comes a copper I"—Risden passes by that name—Risden then came out by himself and got into a cab, and said, "Drive off! you know where to drive to"—Green was down by the side of Sheen, and when they said, "Shiner, here comes a copper" he pulled his hand out of Sheen's pocket, and the pocket came out with his hand—I did not see any money in his hand.
Cross-examined by MR. HEWITT. I went there because my brother this sailor-boy came over to me and said there was going to be a row, and I was afraid he would get into it—I went into Mrs. Williams's room and told her, and she said a policeman ought to be fetched—I was not with her two minutes—they were not fighting fairly—I have seen Risden frequently—the first time I saw him was when a young woman summoned him at Kennington Lane—I have never been on friendly terms with him.
Re-examined. I was brought by the policeman to give evidence at the police-court—my brother has gone away—he was in the stable with the one-armed boy—I do not know what Risden is, and I have no feeling against him.
JOHN GILGALLEN (Policeman L 136). I was fetched by a sailor who has gone away—I found Mr. Sheen holding Green down, and he gave him in custody and said, "He has robbed me of a 51. note"—I charged him—he said, "I am quite innocent"—I had separated Sheen and Risden outside the Horns about half an hour before—I did not see Risden again for a week of eight days—Green gave me a false address—Sheen was covered with bruiser and blood, and his waistcoat torn—he might have been drinking a little, but was not tipsy.
GEORGE ASKEY (Policeman L 157). On April 8th, from information from Mr. Sheen, I apprehended Risden about 4 p.m. in Clayton Street, Kennington Road—he was running, trying to get into a brake—I ran and caught him—he had not seen me before he ran away—I said, "You are charged with violently assaulting and robbing Mr. Sheen, and you will have to come to the station"—he said, "Unless you can show me a warrant for my arrest, I shall not come"—I sent for another constable and took him to the station—he was very violent—he was charged at the station, and made no reply.
Cross-examined by MR. HEWITT. No attempt was made that I am aware of to arrest Risden until 8th April; he displayed considerable indignation—he has been out on bail.
Witnesses for like Defence.
WILLIAM HAYWARD . I am a cabdriver, of 133, Vauxhall Walk—on 31 at March, between 5 and 6, I saw Sheen and Risden struggling on the ground outside the Horns—Sheen was drunk—I saw a policeman trying to part them—I went back to my cab, and somebody fetched me to Queen Street about 20 minutes after, and I saw Risden standing on the edge el the pavement with his coat off and bleeding from the nose—there was a crowd and great confusion, and I could not see whether the gates were open or not—he walked across the road and got into my cab—he said, "Do you know where t) go?"—I thought he was going to the
doctor's, and I took him to the back of Kennington Vestry—I did not know him personally, but had seen him two or three years ago when he was a cab proprietor—I do not know his circumstances—cabmen give one another nicknames, and I have heard Risden called Shiner, but do not know the reason.
Cross-examined. He was bleeding from his nose—I was fetched from the rank to Queen Street by a lad, not by the one-armed man—Risden got in, and I drove him to the end of the street, and he told me to turn to the left; I trotted about 500 yards, and he got out by the back of the Vestry Hall in the street, said something about the coat, and gave me a shilling—he was in his shirt sleeves—he did not tell me to drive fast—I cannot say if he went back for his coat—he was a cab proprietor two or three years ago, bat I do not know what he has been doing since—I was in his company once and had a glass.
ALFRED DAWKINS . I am a newsagent at 407, Kennington Road—I saw Sheen and Risden fighting outside the Horns on the 31st March, and saw the policeman trying to separate them—Sheen said "I'll b——well pay him"—he was walking up and down afterwards, and said he wanted to find him and have a fair fight—I went towards my house then, and saw Sheen go towards his stable and Risden coming down the street—Sheen beckoned him, and Risden then went into Sheen's stable—this was about a quarter of an hour after the row—the gates were a little ajar—I could see Risden with his coat and hat off, and Sheen had his coat, waistcoat, and hat off, tying his braces round his trousers—Sheen said, "Now I'll pay you," and they fought three rounds—I could not say which struck first—the horsekeeper then went to strike Risden on his head with a pitchfork, and two or three people ran in and stopped him—there was no one else there till then—I heard a cry of "Police!"and Sheen haloed "Murder!"and the policeman came—I have known Risden seven years—he has been a cabman.
Cross-examined. Risden has been convicted for assaulting the police and has been punished for it—I am a newsagent—I do not keep a shop—I supply people with papers in the street, and do a bit of wholesale business besides—I fetch the papers from Fleet Street and sell them to other newsvendors—I get a decent living—I go to race meetings now and then, and I bet there and outside the Elephant and Castle—I do not make 8 book—I carry my bets in my memory—I do not live by betting—I make 21. a week by selling newspapers—I supply Mr. Shelham, at Camberwell Grove—he has a little newsagent's shop—I sell him 4s. or 5s. worth in a morning and make 1s. 6d. profit, and I sell to the public—I stand in the street, and at' the station, Camberwell Green—I have a boy, and I sell 150 papers every morning myself—I bet on the Derby if I fancy it—I do not lay odds, I take them—I swear I was there and saw the beginning of the fight, and I saw this constable—I did not speak to the men or the policeman—I had spoken to Risden, and I lost sight of him then—the stable is not above four yards from my door—I came out of my house and saw Risden—Sheen was just opening the gates—he beckoned to Risden, and they went into the stable together and closed the gates—somebody else, a stranger, ran up, and we looked through the gate—there must have been three or four more people—Miss Lowe was there standing inside the gates—I had not seen her before—I saw a sailor boy inside, but did not see him come out—three or four people went and I stepped back
when I saw the hostler pick up the pitchfork, the sight made me sick—I did not see was going on then—the people ran in to stop the man with the pitchfork, and laid hold of him—Risden' was holding Sheen, and the people fried to part them—I saw Green run round the little gate and go into the coach house and try to pull Sheen' away—I cannot say what he was doing—I stepped back then—they were struggling on the ground—Risden was not on the top of Sheen—Green tried to part them—there were several more people; I don't know how many—I did not see anybody fetch a cab—I did not see a cabman there—I saw Risden come out, but didn't notice a cab; it might have been there—he came outside, and was wiping the blood off his face.
Re-examined by MR. HEWITT. I did not see the cab, I was looking at Sheen inside the gate with his face all cut—I did not see Green put his hand into Sheen's pocket, I was not near enough—mine is a respectable business; and I am a respectable man—Risden has been convicted before a Magistrate for assaulting the police—I know nothing of his income or circumstances.
By the JURY. I was not assisting to keep the gates closed—they were just ajar—I did not go in till the policeman came—the stable door opens on to the pathway, and I could see into the stables from the gate.
ALFRED CHAPMAN . I am a cab driver, of 277, Beresford Street—I saw Sheen outside the Horns—he seemed the worse for drink—I said, "What's the matter?"—he said, "Go to b——y"—I asked him why he spoke to me like that, as he had known me many years, and we were great pals and drank together, and I was surprised—he replied "Hallo! Cruet, is it you? I've been having a scrap"—I said, "Who with?"—he said, "Oh, there he is; I'll go and finish it; I'll give it him," and went towards his stable—I did not see Risden, and did not know who he meant, as I had not seen the beginning of it—I saw him again afterwards lower down, and asked him who he had been fighting—he said, "One of the Kennington lads; I can do him myself"—some minutes afterwards I saw a constable, and asked him who he had been fighting with, and who started it"—he said, "That man (Sheen) started it, and I ought to have locked him up"—I then saw Sheen coming down the street, and Green standing by the public house door, and I went up to him and said, "Who's he been fighting with?"—he said, "Shiner"—I said to Risden, "Come down and see it out"—he said, "Don't you interfere, Crust"—I said, "Come and finish it not; he means to finish it," and we went down the street all together—the gates were shut—Green rushed across and got into the stable, and I attempted to open the gate, but Sheen said, "Shut them b——gates; I can do him by myself; I don't want no help," and the gates were shut and pinched my fingers—Sheen had neither coat nor waistcoat on, and his trousers were buckled round his waist with his braces—Risden, I think, had a waistcoat on, but I am not sure—they appeared to be both stripped for a fight, and I saw them fighting for about two minutes, when Sheen pulled himself together to rush at Risden and got a blow—he then turned round and called "Police!"and a sailor boy fetched a policeman—I saw them on the ground—I was looking through the crack of the door, and tried to open the gates, but the horsekeeper kept it shut—when the policeman came Green was trying to part them—Sheen knocked him aside and called out, "Policeman, hold him; I felt his hand in my pocket"—he said he had lost 50l., or that he had 50l.—
Risden went out through the gate, and Green went with the policeman—I have known Sheen a great many years.
Cross-examined. Risden dashed by the policeman, and I lost sight of him—I did not see a cab; I was too much on the inner side in front of the crowd—I know Hay ward, but did not see him—he was fourth behind me on the rank, and I had not seen him come off—I left my cab on the rank to see what was the matter—it is about 100 yards from the stable—I saw Sheen outside the Horns after the policeman had parted them the first time—I did not see Risden, Green was there, and I asked him who Sheen had been fighting—he went with me as far as the turning, and then popped into the gates before I could, and I lost sight of him—I saw the one-armed man when the gates were opened—I never knew him till I saw him with the pitchfork uplifted trying to strike Shiner on the head.
JOHN JESSOP . I am a grocer and cheesemonger, of Royal Road, Kennington—I saw Risden and Sheen fighting in the coach-house on the night of 31st March—I do not recognise Green—I saw the policeman come, but did not hear the cry of "police!"
PRISCILLA WILLIAMS . I live at 3, Queen Street—on the 31st March I saw Sheen come out of his stable door and say "Where is the b——?"—Risden was coming along by the gate—Sheen said "Oh! here you are. Come on in here, and we'll have it out"—Risden followed him in, and I went down to the street door, but there were so many people I could see nothing—I live opposite in the same house as Miss Lowe.
Cross-examined. I am the sister of the witness Dawkins—I was upstairs sitting at the window, about 6 o'clock, doing needlework—the window was wide open—it may have been nearer 7 o'clock; it was daylight, not dusk at all—I saw Risden coming along the street, and Sheen came out' at the little door at the side—I saw nothing more—when I came to the street door after I saw a crowd round the gate—it is a narrow street, about wide enough for two cabs—I saw a Hansom cab opposite, and saw Risden, in his shirt sleeves, get into it, and drive away—I heard a cry of "Police!"but did not see the policeman come—I did not go to the police-court—there were two or three dozen people in the street—the gates were closed first, but were opened soon afterwards.
JOHN BROOKBANK . I am a cab-driver—I was at the Horns on 31st March, about 3 p.m.—I saw Sheen come out of the public-house, and spoke to him, and had a glass with him—Risden came in about 4.30, and called for something to drink—Sheen said "I'll pay for that; you may all have what you like"—this was without anybody asking him—he was friendly for a minute, and then he turned round, and wanted to fight Risden, and struck him twice, and then Risden retaliated, and the barman jumped over and turned them out, and they had a round or two outside till the policeman separated them—Sheen then rushed at Risden again, and struck him in the face, and the policeman (L 136) threatened to take him if he did not go away—he still walked up and down, and wanted to fight—I was not at the stable—I know nothing more—the stable is about 60 yards from the rank.
Cross-examined. Hay ward left the rank before I did; he went towards Queen Street; I did not see who fetched him—I was inside the Horns between 3 and 4 o'clock—the barman and the landlord were there—they are not here—I have been here all the week, but have not seen them—the barman jumped over the bar and turned Sheen out—I repeat what I
bare said in presence of that policeman—I have been a cabman 17 years—I was served with a subpoena on Saturday—my nickname is Uncle Jack.
JOHN GILGALLEN (Re-examined). I saw Risden and Sheen come out of the Horns, and Mr. Cox, the landlord, came out afterwards and told Risden not to come into his house any more, as he had caused him a lot of trouble and was fighting everybody that came in, and he would give him in custody if he came into his house to annoy him in his business again—after I had separated Risden and Sheen the first time Risden went to a place near called Rifleman's Court, and came back to Sheen, who was still standing there, and they began fighting again, and I went up to them again and separated them—I did not say a word about giving Sheen in custody—I said I should take them both if they caused any more disturbance—they then separated and went quietly away, Sheen—towards his stables, and Risden and two other men towards Rifleman's Court—I was fixed on duty outside the Horns—it was about 6.30 when I got to the stables, and getting dusk—there is no truth in the statement that Sheen told me he had lost 50l.; he said a 5l. note—he was holding Green down at the time, and had him lying across a tub of water—he said, "I give this man into custody; he has robbed me of 5l."—I booked the charge at 7 o'clock at the station.
GUILTY of the assault with intent to rob . Risden and Green received good characters.
RISDEN— Six Months' Imprisonment.
GREEN— Three Months' Imprisonment
ADJOURNED TO MONDAY, MAY 2TH, 1879.