CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 26TH, 1879.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
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 Hon. Sir JOHN MELLOR , Knt., one of the Justices of the Queen's Bench Division of the High Court of Justice; The Hon. Sir JAMES FITZJAMES STEPHEN, Knt., one of the Barons of the Exchequer Division of the High Court of Justice; THOMAS QUESTED FINNIS, Esq., Sir ROBERT WALTER CARDEN , Knt., Sir THOMAS GABRIEL Bart., and Sir ANDREW LUSK , Bart., M.P., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; Sir FRANCIS WYATT TRUSCOTT, Knt., JAMES FIGGINS , Esq., HENRY EDMUND KNIGHT , Esq., GEORGE SWAN NOTTAGE , Esq., and EDGAR BREFFIT , Esq., other of the Aldermen of the said City; WILLIAM THOMAS CHARLEY , Esq., D.C.L., M.P., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
CENTRAL CRIMINAL COURT.
WHETHAM, MAYOR. EIGHTH 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, May 26th, 1879.
Before Mr. Recorder.
515. ARTHUR TROOP (41) PLEADED GUILTY to feloniously forging and uttering five post-office orders for the payment of 1s., 1s. 1s. 1d. and 1d. respectively, with intent to defraud, he having been previously convicted on the 20th of May, 1878, at Westminster.— Seven Years' Penal Servitude.
516. DAVID WILSON (33) to stealing, whilst employed in the Post-office, a post letter containing two sovereigns and 60 penny postage stamps, the property of Her Majesty's Postmaster General— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, May 26th, 1879.
Before Mr. Common Serjeant.
520. PERALCE COSTELLO (29) was indicted , with William Williams and George Adams, who Pleaded Guilty last Session (See-page 6), for uttering counterfeit coin, having other counterfeit coin in his possession.
MESSRS. CRAUFURD and LLYOD Prosecuted.
ESTHER SPRING . I am barmaid at the Bull Inn Tap, Aldgate—on March 26th I served Williams with a glass of stout—he gave me a bad florin—I called the barman's attention to it, who broke it in half in the prisoner's presence—we gave him one half and kept the other half, and gave it to the policeman—the prisoner then asked for another glass, and gave me a good half-crown—I gave him the change, and then he had another glass and paid with 1 1/2 d.—when he left I followed him.
not know—I asked if he had any more; he said" No"—I broke the florin in half, kept one piece, and gave him the other—after he was served again I went out and followed him about 20 yards round the corner, where be touched Costello on the shoulder, who was standing still, and who then fol-lowed him 40 yards down Middlesex Street, they joined and walked side by side, and then turned into a place which is no thoroughfare—they came out in about 10 minutes, and I followed them into Bishopsgate Street, and at Houndsditch they came upon Adams, who was standing at the corner—I saw them putting their hands together, and Williams, I think it was, received some change, but I could not see it—they seemed to be hiding each other—they walked down Liverpool Street side by side, and I pointed them out to Cusick—I followed Adams and pointed him out to Foster, who took him, he ran away going to the station, but he was brought back—I gave the broken piece of florin to Cusick.
THOMAS CUSICK (City Policeman 880). On March 26th Bass called my attention to the three prisoners, who were in conversation in Liverpool Street—they separated, and I followed Costello and Williams, and said to Williams, "Where is the two-shilling piece you uttered at the Bull Tap?"—he said, "I have not got it, I left it at the public-house"—I said, "Hare you any more on you?"—he said "No"—I said, "I shall take you both in custody, for I believe you have counterfeit coin in your possession"—Lord came up, and we took them to the station—I searched Williams, and found a good half-crown, and Costello had a good florin—I saw 15 bad florins, 28s. 4d. in silver, and 3s. 4 1/2 d. in bronze found on Adams.
Cross-examined. You said at the station, "I know nothing about either of the prisoners; I met them and asked them the way to the Great Eastern Railway; remember, there is no bad money found on me"—when you and Williams were close together, your coat was hanging on the bar in front of the dock; it had been taken off to search you—Adams was about a yard off—I do not say that he attempted to put anything into your coat.
Re-examined. I took two of them into the charge-room together—I had hold of Costello, and Lord of Williams—they did not both go in at the same time, but they were close together, and I believe Costello was first—I do not think one of them would have attempted to pass anything to the other without my seeing it—Lord was nearer to Adams than I was, and between Costello and Adams—I was standing between Adams and Costello, and Williams was alongside of Costello-three officers stood behind three pri'soners, but they moved in the dock as they were searched—I got to the station with my prisoner first, and the others were brought in five to seven minutes afterwards.
JOHN LORD (City Policeman 960). I took Williams in Liverpool Street, and said "I shall take you to the station"—he said "Very good n—I saw him take his left hand from his left trousers pocket, and said "What have you there?"—he said "Never mind what I have got"—I held his hand, he opened it and gave me this bad florin (produced)—he and Costello were placed in the dock ten minutes before Adams came in—Costello was put into the dock first on the right and then shifted, and Williams was put to the far end of the dock to be measured; Costello was then brought back to his first place on the left, and after he was searched his coat was left hanging on the rail of the dock; Adams was then brought from the muster room into the charge room, where the dock is, and as he entered I
saw his right hand in his right-hand trousers pocket, and he tried to pass these 11 bad coins (produced) into Costello's coat, which was hanging there—I took them from his hand and gave them to Foster—Costello was looking at him and could see him do it; he was between Adams and Williams, in the centre.
Cross-examined. I mentioned the coins on the first occasion before the Magistrate, but forgot to say anything about your coat till the second remand.
WILLIAM FOSTER (City Policeman 122). Bass called my attention to Adams; I followed him into Blomfield Street and said "I am informed that you have got some bad money in your possession, I must take you in custody; you will have to go with me to the station"—he said "Me got bad money 1 pooh! pooh! I am quite ready to go with you"—in Bishopsgate Street he ran across the road, I ran after him, and he was stopped almost directly—I took him to the station, and as I was about to search him, Lord handed me this packet containing 11 counterfeit coins, which he said he had taken from him, and on further searching him I found a packet con-taining these four bad florins in his coat tail pocket, and 1l. 8s. 1d. in silver—I heard Lord on the third remand make a statement about money passing from Adams to Costello.
Cross-examined. I did not see anybody put money into your coat.
WILLIAM WEBSTER . I am in the employ of the Mint—this is a portion of a bad florin, and this fragment found on Williams is bad and from the same mould—these 15 coins are bad, and two of them are from the same mould as the former—they were all mixed together when I saw them.
Costello's Statement before the Magistrate. "On the afternoon of 26th I met this man, Williams, and asked him to show me the way to the station; he went into a public-house, I waited for him; he came out, touched me by the coat, and said "Come on." We went together to Liverpool Street, where the policeman took us in custody. He is a perfect stranger to me."
Witnesses for the Defence.
WILLIAM WILLIAMS . (The Prisoner). On the afternoon of 26th March I met Costello at the corner of Houndsditch; he said "Which is the way to Liverpool Street station?"—I said "Wait a minute, I am only just going down here, and I will show you when I come back"—I then went into the Bull tap, where I tendered the florin, and when I came out I saw him waiting, and I said "Now, come on, I will show you"—we then went down Middlesex Street and down a labyrinth of turnings, and finding there was no thoroughfare we had to come back again, and took the most direct way to the station—we met Adams and I spoke to him while Costello stood by—I' said "Come on," and went down the station to show him the road he wanted, because there are two, and going down the incline we were accosted by a constable, who charged us with passing counterfeit coin—Costello said "I have no coin, you can search me if you like"—he knew nothing whatever of the errand I was going on to the public-house—I was charged with uttering counterfeit coin, and about ten minutes afterwards Adams was brought in—that was the first time I ever saw Costello in my. life.
Cross-examined by MR. CRAUFURD. I met him about twenty yards from the corner of Houndsditch, between the church and the Bull tap—I did not explain to him where I was going—Costello took no notice while I spoke to
Adams—Adams passed something to me; it was a counterfeit florin, and it was found on me when I was taken—I do not believe Costello saw it pass; he might have been looking that way—Adams went away; he only went two or three steps with us—Costello was on my right and Adams on my left—we had no conversation about these pieces.
Cross-examined. I passed something to Williams—Costello was then on the other side, not near me; I do not think he saw what was passed, I should not allow him—it was between Liverpool Street and the church—we could not see the railway station from that corner; it is near the end of Liverpool Street—if you cross over at the corner of Liverpool Street you can see the station.
The Prisoner in his defence stated that he had only been nine weeks in London; that he met Williams and asked him the way to Liverpool Street Station, who said that he was going there; that he waited for Williams while he went into a public-house, and that afterwards they met Adams, but that until then both prisoners were strangers to him.
NOT GUILTY .
NOT GUILTY .
MESSRS. CRAUFURD and LLYOD prosecuted; MR. MONTAGU WILLIAMS Defended.
ESTHER SKEEF . My husband keeps an oil and colour shop at 6, John Street, Marylebone—on Saturday night, 3rd May, about 9.15, I served the prisoner with some soap and soda, which came to 4 1/2 d.—she gave me a florin—I gave her the change and she left—I had laid the florin on the counter, and it was not out of my sight—I showed it to my husband, who said it was bad—I went out and saw the prisoner being served in Mr. Harvey's shop, about five minutes' walk off—I saw her pass a coin, and said "You have been into my shop and paid a bad 2s. piece"—she said "No, I am a respectable married woman, and my husband is waiting outside"—Mr. Harvey said that the coin was bad—she said she-was not aware of it——he sent for a policeman, and she was given in charge.
Cross-examined. I did not see her in the street before she went into Mr. Harvey's—she was 100 yards in front of me when she went in—I did not say before the Magistrate, "I don't think I have mistaken the prisoner for some one else"—I followed her from her general appearance.
Re-examined. I did not notice her dress, but she had a quantity of hair down her back and a black hat—I stood at the door watching her, and saw her side face—I believe she wore a black dress, and I noticed her style—the coin first laid on the counter, and then my husband had it in his hand.
FREDERICK GEORGE SKEEF . I am the husband of the last witness, and saw her serving the prisoner, who passed me when I was turning on the lights outside—I also saw her come out, and saw which way she went—she
had a black silk dress; I am sure the prisoner is the woman—my wife showed me a bad coin; I took possession of it.
BENJAMIN HARVEY . I keep an oil and colour shop at 53, Crawford Street, Marylebone—on 3rd May, between 9 and 10, the prisoner bought soap, pepper, and other things, which came to 5 1/2 d.—while my daughter was serving her Mrs. Skeef came in and said to her, "You have been in my shop and paid a bad 2s. piece"—she said, "l am a respectable woman, and my husband is outside"—my daughter handed*me a florin, and I bent it in the tryer and said, "Well, at all events this it a bad one"—the prisoner said, "If it is I am Act aware of it"—I gave her in custody—this is the florin (produced); it is bent.
LUCY HARVEY . I assist in my father's shop—on 3rd May, between 9 and 10 p.m., I served the prisoner with some soap and other things, which came to 5 1/2 d.—she began counting coppers first, and then said she had not enough, and handed me a florin—I was counting the change, but did not hand it to the prisoner, as Mrs. Skeef came in and stated that the prisoner had passed bad money in her shop—I then handed the florin to my father—the prisoner denied being in Mr. Skeef's shop, and said that her husband was outside, but she did not call him in—my father found the coin was bad and gave her is charge with the coin.
Cross-examined. When I took the florin I put it on the counter just above the till—I never mixed it with any other coin.
MATHEW HILL (Policeman D 40). I was called to Mr. Harvey's shop, and said to the prisoner "Where did you get the money from?" she said she took it from the till before she left home—it was then said that she had been in Mr. Skeef's shop in John Street, and passed something—she said "No, I was not in John Street at all to-night"—I took one coin off the counter, and Mrs. Skeef fetched the other—going to the station the prisoner said "I am a respectable woman and my husband is waiting to take me home by train; I have come to do my shopping"—she said at the police-court "I and my husband had a word or two tonight and I said I would go home alone"—she is married.
Cross-examined. She gave a correct name and address, and I found that her husband is a gasfitter and bellhanger in Westbourne Park.
FREDERICK BONNER (Police Sergeant D 20). I took the charge at the station—the prisoner said "It is untrue respecting the woman; I gave the man a two-shilling piece, but did not know it was bad until he told me so"—I found this purse in her hand with three half-crowns, a florin, a threepenny piece, and 2 1/2 d. in bronze in it, all good, and she had this empty basket.
Cross-examined. The shilling and the threepenny piece were in a compartment shut up by themselves.
Cross-examined. Counterfeit coins are generally made from pewter pots, but there is tin in most of them.
The Prisoner received a good character.
NOT GUILTY .
OLD COURT.—Tuesday, May 27th 1879.
Before Mr. Recorder.
523. JAMES ARMITAGE and ROBERT PEARCE, Unlawfully failing to discover to their trustee in bankruptcy a sum of 4,000l., part of their estate. Other Counts for not discovering other sums of money to the trustee. The Prisoners PLEADED GUILTY, to the latter Counts .— Judgment Respited.
JOSHUA DOWLING . I am deputy superintendent registrar of births, deaths, and marriages for the district of Chelsea—I produce the original declaration made by Arthur James Lange on his marriage with Sarah Ann Hibbert at my office, dated 24th January, 1878—he describes himself as 21 years of age—I was one of the witnesses to his signature—I do not recognise the defendant—the declaration was filled up by me—he gave me the particulars—I read it over to him; it is my invariable practice to do so, so that I am sure I did it in this case.
Cross-examined. I have no recollection whatever of this particular case—the lady is described as 22 years of age—the declarent gave me the particulars—I don't remember either of the parties.
HENRY SANSOM . I am the registrar of marriages in the Chelsea district—I have an entry in my register-book of a marriage on 26th of January, 1878, between Arthur James Lange and Sarah Ann Hibbert—it is my own writing (Read)—the marriage was by licence—I have it here—the parties signed the register.
Cross-examined. I have not the slightest knowledge of the parties—the fathers of both parties were stated to be dead.
REGINALD LEMPRIERE . I am now residing temporarily at the British Hotel, Cockspur Street—I did reside at 8, Melina Place, Grove End Road, N.W., up to a recent period—I had a 21 years'lease of the house; the furniture was mine—I came into negotiation with the defendant as to taking my house and furniture—I was on the point of going abroad—I received one or more letters from him, and I have seen him write—I recognise his handwriting in this declaration—I believe the signature to be his, also the signature in the register.
Cross-examined. He signed his name at my house when he was in negotiation with me; that was the only time I ever saw him write—I had never seen him before that negotiation—he proposed to take a lease of my house, with the option of purchasing the furniture in 18 months for 450l.—I agreed to that on the faith of the representations he made to me—I have been called to the Bar—I practised for a short time; I have never had the good fortune to put questions—the agreement was put into a formal shape by my solicitor, duly executed, sealed, and delivered—the rent was to be 16l. a month, paid in advance—7l. was paid for coal and other things—the defendant went into possession of the house on the lease and agreement—he did not pay the 16l. the day he went in; he did within a day or two—the March rent was paid, and the April and May rent was tendered—I never wanted to get the money for the furniture paid down—on March 20th I wrote to him requesting him to give up possession and pay the costs of the lease before the Thursday—that was after I had seen him and asked whether he was a minor—I got information on that subject about a week after he went into the house—on 23rd I wrote, stating, "I am willing to make an
effort to settle the question at issue between us;" that was, that he should turn out of the house and give me back possession; that was the only question between us—I also said, "If you think you are able and are also willing to promise to pay me the amount of the purchase-money, 450l., on the 10th of next month, and will undertake to come to an arrangement with Messrs. Todd and Dennis for the costs in the course of to-morrow, I, on my part, am willing to hand you over the lease and place confidence in your bond fides in the whole transaction"—I had ascertained about his minority 10 days before that—if he had done what I asked he would have remained my tenant, I don't know about not hearing of this prosecution—I told my solicitors if he did not give up possession they were to issue a writ in Chancery to set aside the lease—I wrote to him on March 29th that it he would pay the 450l. and the costs I would accept him as tenant—I had had a personal interview with him then—he told me he was coming into 6,000l. from his trustees.
Re-examined. He told me that he was under age—I presented a cheque to him, which was not honoured—I told him I had come to speak to him about a complaint that his neighbours had made to me, that they were annoyed by himself and his wife calling "Murder?" and using bad language in the garden, and the smashing of crockery—I showed him the cheque and said I hoped he would go and settle the matter with my solicitors, it was very unpleasant not to have the costs paid as he had stipulated—he had given this cheque for them—he said, "It will be all right, I will go and see my solicitor, and it will be settled at once"—I then asked him whether he was of age—he looked confused and said he was not—he said, "I know you cannot bind me, but I can hold you"—before he went into possession I saw the certificate of marriage—if I had known he was a year and ten months under age I would not have allowed him to go into the place—he told me had 200l. a year, and his wife had 20l. a week from her father—I subsequently heard him swear that he was a person of no means whatever—that was at the Marylebone Police-court.
By MR. PRITCHARD. Yesterday evening I saw Mrs. Lange, the prisoner's mother; she has come here under subpoena—I did not ask her to compromise the matter—I did not say that I only took these proceedings for the purpose of getting Mr. Lange to buy the furniture, thinking he would settle the matter—I did not say if she would guarantee me 60l. and all expenses that I would withdraw from this prosecution—I said I hoped it would not be necessary to take the affair to trial—I said if they would make me a proper restitution of my property I should be very happy indeed to with-draw from the prosecution as far as possible; I was extremely sorry to prosecute him, and it went against me to do so—I did not say that I did it on public grounds—I said if her son had come forward at any time when the matter was at the police-court and offered to restore me my property and make me proper amends for the damage and loss he had caused me—the cheque that was dishonoured was for 18l. for Todd and Dennis's charges for preparing the lease and inventory—it was an order on Mr. Jenkins, the prisoner's solicitor, and Mr. Jenkins said he had no cash. Witness for the Defence.
name was Carl Frederick Henry Lange—I do not know when he was married—I am one of the trustees under my husband's will.
Cross-examined. I do not approve of this prosecution—I knew of my son's marriage soon afterwards—I have allowed him 100l. a year—my eldest son is the acting trustee—the prisoner will come into some property in October; I cannot tell the amount—Mr. Lempriere spoke to me yesterday; he said if the trustees would guarantee the rent for the 21 years, or give him a sum of 601. and pay all expenses, he would be glad to stop the case.
NOT GUILTY .
MESSRS. POLLAND and MONTAGU WILLIAMS Prosecuted; MR. THORNE COLE Defended. WILLIAM PHILIP BACCHUS. I am a compositor and live at 15, Eversholt Street, Oakley Square—on 1st December, at 11.20 at night, I was in Seymour Street, Euston Square, going home—I was overtaken by three men, one of them took hold of my right wrist and one of the left; I thought at first they might be friends of mine—the third man was behind—I received a push somehow or other in the struggle—I had a kick or blow "on the ankle and fell down—I was dragged along the pathway—I felt the hands of the two men in my pockets, and I lost 14s. or 16s., a tobacco pouch, and a knife—I became insensible—when I came to I found myself at the hospital—my leg was broken and my foot was afterwards amputated—I saw the two men at my side, I could not see the one behind me.
Cross-examined. I said at the police-court "I cannot say which of the three men kicked me; I could not see the prisoner; one of the men was behind me."
HENRY MCCALL . I am a chairmaker and live at 54, Clarendon Street—on the night of 1st December, about 11.30, I was going along Seymour Street—I saw the prisoner and two others standing round Mr. Bacchus, who was lying on the pavement—I gave evidence here in February, when two of the men, Wainwright and Phillips, were tried—I saw Wainwright and Phillips drag Mr. Bacchus across the road, and the prisoner following about 2 yards behind—I saw Wainwright put his hand in Mr. Bacchus's right-hand pocket; some money dropped out—Mr. Bacchus fell down with his foot under him—the prisoner picked up some of the money, and gave a private whistle, and Wainwright left Mr. Bacchus and went down Charles Street with the prisoner—the other two men went down Charles Street—I assisted Mr. Bacchus, and he was taken to the hospital—I saw nothing more of the prisoner till he was in custody on 26th April—I then saw him at the House of Detention—I have no doubt he is the man.
Cross-examined. When I first saw Mr. Bacchus he was sitting on the ground—I was walking along on the other side of the street—the two men put their hands in his pockets as they dragged him along—I and Phillips
took him to the hospital—I can't say the day I saw the prisoner in the House of Detention—one of the detectives in the case took me there—I was taken to seven different cells—one of the warders opened the doors for me—the police constables were not near me, they were downstairs—I had no conversation with the constable on the way—when I saw the prisoner in the cell I said he was the man.
Re-examined. The warder took me to the different cells, and opened one at a time; the prisoner was the last of the seven; I recognised him directly—on the night in question I was looking at him about a quarter of an hour, I stared at him quite hard—I thought they looked rather suspicious characters.
JOHN GILBY (Policeman Y 472). I know the prisoner very well—I also knew Phillips, who was convicted in February; he was known as Bob Phillips—I did not know Wainwright till that time—on Sunday night, 1st December, about 11 o'clock, I was on duty in Euston Road, and saw Phillips, Wainwright, and the prisoner standing at the corner of Seymour Street—they went along Seymour Street—I had known Phillips and the prisoner before as companions.
Cross-examined. I gave evidence on the trial of Phillips and Wainwright—I then said, "I noticed three men standing at the corner of Seymour Street; I know two of them."
Re-examined. The two I knew were Phillips and the prisoner—I was not able to find the prisoner till he was taken into custody. Charles Dodd (Police Inspector Y). On 22nd April I took the prisoner into custody at the Grecian Theatre on another charge—as we were in the cab he said, "What do you want me fori is it for that affair with Boh Phillips? if so I don't think you will do much with that; it is too far back"—I said, "No, it is for breaking into dwellings in the parish of Marylebone"—I knew him before, and Phillips also—I have seen them together many times—he also said in the cab, "Mr. Dodd, I have 14l.; can you be squared? take 7l. and let us get out of the cab"—I made no reply to that—Otway was with me In the cab, and the prisoner said to him "Take 8l.; won't that do, Otway"—Otway replied, "Not for 80."
Cross-examined. Underwood was also in the cab—I took McCall to the House of Detention—I told him the name of the person who was in custody—I did not accompany him to the cell—a warder took him round. John Otway (Police Sergeant Y). I was with Inspector Dodd, the prisoner, and Underwood—the prisoner said he had lit, in his pocket, and asked us if we could be squared—Dodd made no answer—he then looked across to me, and said "Will you take 8, Otway?"—I said "Not for 80." William Henry Copley. I was house surgeon at University College Hospital when Mr. Bacchus was brought there with a fractured foot; it. afterwards became necessary to amputate it.
CHARLES DODD (Re-examined). The charge against Wainwright and Phillips was robbery with violence—Wainwright was sentenced to six months' imprisonment with hard labour, and Phillips to two years with hard labour.
GUILTY (See Third Court Thursday).
NEW COURT.—Tuesday, May 27th, 1879.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and R. COOK Prosecuted.
GEORGE UPWARD . I keep the Cranbourne Tavern, St. Martin's Lane—on 26th April, about 12.15 am., the prisoner came in and asked my sister for a pint of 4d. ale; he gave her a half-crown; she turned to me and said in his presence, "This is a bad half-crown, is it not?"—I said "Yes," and took it from her, bent it in the tester, and told the prisoner I could not take it—he gave me another bad one without taking up the first—I said "This is bad likewise"—he made no reply, and I gave him in custody with the coins—my sister is not well and cannot appear.
JOSEPH HAMMERTON (Policeman C 281). The prisoner was given into my custody—I searched him on the spot, and found 2d. on him—he then said, "Well, I know I had one bad half-crown; if I have any more about me somebody must have put them in my pocket"—he gave an address which I cannot find—I received these coins from Upward—the prisoner appeared to have been drinking, but he knew perfectly well what he was about.
The Prisoner in his Statement before the Magistrate, and also in his Defence, said that he received the coins for gridirons which he sold in the street, and did not know they were had.
GUILTY .**— One Year's Imprisonment.
MESSRS. CRAUFURD and R. COOK Prosecuted.
SAMUEL HUGH M'REA . I am a draper of 47, Ossulton Street, St. Pancras—on 30th April, about 6.30. the prisoner came in and said, "I want a cheap pair of socks"—I showed him some marked 2d., and he put down a florin; I took it up and pitched it farther on the counter for my wife to give change, which she did, and the prisoner left—I saw my wife put it into the till, and having a little suspicion went to take it out, and found three good florins and this bad one (produced), which had a peculiar ring, and I kept it in my pocket—I had noticed the same ring when the prisoner tendered his florin, but being busy did not stop to examine it—the prisoner came again the next evening, about 6.30, and said, "I want a cheap towel"—I said "I have none; can I serve you with anything else?"—he said "No," and left the shop—I walked to the door and saw him cross the road and recross; I followed him to Phoenix Street, where he turned the corner and joined Esther Webster (See next case)—they went through Clarendon Street into Skevington Street, where the prisoner went into Mr. Williams's, a tobacconist, and Webster crossed the road and stood on the opposite side waiting at a shop window—Wilson was in the shop some time; he came out, but went back and came out again in a minute or so and joined her—I went into Williams's shop and made a communication, and followed the
two prisoners into Eversholt Street—they were both'walking together; Wilson left Webster, and went into Mr. Secombe's shop, and Webster waited ten or twelve doors away—I spoke to Wtrd, and we went to Mr. Secombe's shop, and as Wilson came out we went in—I afterwards went with Ward to Mornington Crescent and saw the prisoner join Webster—they went to Arlington Road or Street, Webster a little in advance, and a constable detained the prisoner, and told me to stay with him while he went after the woman, who had got a few yards distant—I stayed with the prisoner, who said "What does this all mean?" or "What is it for? I don't understand"—I said "You will know when the constable brings the female prisoner back"—when he brought her back the prisoner said, "I do not know her or any one for miles round"—he volunteered that—I said, "I charge him with attempting to pass bad money"—he said, "I cannot understand what it is about"—I gave the coin to the inspector.
Cross-examined. I could not charge you with the offence on April 30, but I should have detained you if you had passed a bad coin on 1st May; I could not say that the first coin was the one tendered by you.
CHARLES WILLIAMS . I am a news agent and tobacconist, of 14, Stebbington Street—on 1st May, about 6.46 p.m., my wife served the prisoner with some tobacco; he put down a florin, she gave him the change, and he left—my attention was called to the coin, and I found it was bad—I went out and tapped him on his shoulder; two minutes had not elapsed; I said "You are wanted back in the shop"—when I got him back—my wife said, "This is a bad one"—he said "I was not aware of it; I am very sorry"—she said "It is, and you must give me that money and the tobacco back"—he did so, and said he had not done any work for seven weeks, and it was all the change he had got—he took the florin back—I examined the edge of it, and did not approve of the stamp on the edge—it was not marked, and I should not know it again—I did not ring it—M'Rea came in two minutes afterwards and spoke to me, and I went out and came back with a constable—I afterwards identified the prisoner at the station.
ANN WILLIAMS . On 1st May the prisoner gave me a florin for half an ounce of tobacco—I gave him 1s. 10d. change, and put it in the till, but I had no other there—I found it was bad a few minutes afterwards, and spoke to my husband, and the prisoner was called back—I told him he had given me a bad florin—he said that he was very sorry, but he was not aware of it—he gave me my change back and the tobacco, and I gave him the florin—I tried it with my teeth—I cannot identify this florin, but there is a small mark on it.
MARION MARCHANT . I am assistant to Mr. Secombe, a draper, of 33, Eversholt Street—on 1st May, between 6 and 7 p.m., the prisoner came in and said "I want two pairs of paper cuffs"—I served him—they came to 1d.—he put down a florin—I took it to Mrs. Secombe, who said to bin? "Have you any smaller change?"—he said "Have you any twopenny three farthing towels?"—she said "I have some at 3 3/4 d."—he said "Then I will take one," and asked for some pins for the farthing, as the articles amounted to 5 1/2 d.—she gave him the change, one shilling and a halfpenny in copper and a sixpence—as he went out a constable came in, and Mrs. Secombe handed him the florin.
did not like the look of it, but could not swear that it was bad, so I said to the prisoner "Have you smaller change?"—he said "No; have you any cheap towels?"—I said "What price?"—he said "2 3/4 d."—I said "No, I have some at 3 3/4 d.," and unpacked a parcel with them in; he had pins for the odd farthing, and the whole amounted to 5 1/2 d.—I gave him in change for the florin, 12 pence halfpenny in copper and a sixpence—directly he left I compared it with the only florin in the till, and while I was doing so a policeman came in and M'Rea behind him—I handed the florin to the constable—I noticed teeth marks on it when I took it, and M'Rea made some more.
JAMES WARD (Policeman S 104). On 1st May, about 7 p.m., M'Rea spoke to me and I went to Mr. Secombe's shop and saw the prisoner there—he came out and I went in, received this florin, came out again, and saw the prisoner walking up Mornington Crescent, and Webster two yards in advance of him—I said "I want you"—he said "What for?"—I said "I will tell you in a moment"—I told M'Rea to stop with him while I went after Webster, who kept walking on—I stopped her and took her back, and then said to the prisoner "I shall take you to the station for uttering counterfeit coin," and charged her with being concerned with him—he said "I don't understand anything about it, I have never seen this woman before"—she said "I have never seen him before, he is a total stranger to me"—I took them both to the station, and found on Wilson 1s. 1 1/2 d. in bronze, a sixpence, a knife, some towels, and a packet of pins.
>WILLIAM WEBSTER. These florins are bad, but not from the same mould; bad coins are greased, to discolour them and take off the brightness.
The Prisoners Statement before the Magistrate. "The witness M'Rea says I was in his shop on the 30th, and uttered a two-shilling piece in payment for socks. That is quite false. I was in the shop on 1st May, but not on 30th April. The female prisoner is a stranger to me, I never saw her before. She was not with me when I was arrested, she was brought from the top of the street and I was arrested at the bottom."
The Prisoner in his defence repeated the same statement. GUILTY . He was further charged with a previous conviction of feloniously uttering counterfeit coin in February, 1877, to which he
PLEADED GUILTY.**— Seven Years' Penal Servitude.
530. WILLIAM WILSON was again indicted, with ESTHER WEBSTER (30) , for unlawfully uttering counterfeit coin. The same Counsel prosecuted, and the witnesses in the last case were recalled and their former evidence was read over to them by the shorthand-writer.
JAMES WARD (Policeman S 104). I said to Webster "I want you"—she said "What for?"—I said "For being concerned with a man in uttering counterfeit coin"—she said "What man?"—I said "Come back with me and I will show you"—when she saw Wilson she said "I have never seen that man before"—she said nothing about having been with any other man.
Webster's Statement before the Magistrate. "I do not know the man, I never saw him before in my life. I had an appointment at 8 o'clock in Park Street, Regent's Park, and was walking about Somers Town to pass the time away, and walked across Mornington Crescent to get into Park Street;
when I was three parts up the street the policeman came behind me and took me, and I told him I had never seen the man before."
Webster's Defence. I am an unfortunate woman; I had an appointment and I was three parts up the street when the policeman stopped me. I never had any bad money to my knowledge.
WILSON— GUILTY . (See last case.)
WEBSTER— GUILTY .— six Months' Imprisonment.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ALICE ELLEN TOWSER . I am a telegraph clerk at the Post-office, Clapham Common—on 18th March, between 5 and 6 p.m., the prisoner came and said "Three shillings in penny stamps," and put down a florin and a shilling—she kept her hand over the money while I was getting the stamps, and when I gave them to her she pushed the money forward—as she was leaving I saw that the florin was bad, and asked a person there to stop her—she was brought back, and I called Miss Pricker, who said "You must have known it was bad;" she said nothing—I gave her back the shilling as that was good—she was given in custody.
JULIA MATILDA FRICKER . I am clerk in charge at the branch Post-office, Clapham Common—I received a florin from the last witness, on 18th March, after the prisoner was brought in—it was obviously bad, it was dark and a very bad get up—I said to the prisoner "You have passed a counterfeit florin"—she said "It is not bad"—I said "It is such a bad get up you must have known it was counterfeit, a child would have known it was counterfeit"—I took a penknife and cut the edge; she repeatedly said "I did not think it was a bad one"—I said "Where do you live?"—she said "In Westminster"—I said "What part of Westminster?"—she said "Near Victoria Station, near the music hall and the public-house"—I said "Can't you tell me the name of the street you live in?"—she said "I don't know the name of it"—I gave her in charge with the florin—she said "Oh, don't, dear lady, give me in custody."
WILLIAM MORRELL (Policeman W 172). I took the prisoner and received a bad florin, it was light and very dull—she said nothing—the female searcher at the station afterwards gave me 1s. 1 1/2 d. good money—the only address the prisoner gave was "Westminster"—she was taken before Mr. Paget, at Wandsworth, remanded till the 26th, and then discharged, and Mr. Paget threw the florin in the fire—I have never seen that done before.
Cross-examined by the Prisoner. A pawn ticket was found on you for half a crown in the name of Mary Ann Webb.
JAMES MASON . I am a baker, of 38, Chapel Street, Belgrave Square—on 28th April my cousin gave me this bad florin (produced), and I went into the shop and said to the prisoner "This is a bad two-shilling piece"—she said "A friend of mine gave it to me outside, I will go and find her"
—she put down two rolls and went out; I followed her to the corner of Chapel Street, whero a man and woman joined her—they conversed for about a minute, the man then went towards Hyde Park Corner, and the prisoner said to the woman "Have you seen Mrs.—?" I did not catch the name—the woman said "She has gone this way," and we walked towards Victoria Station—the woman left about Wilton Street—I walked by the prisoner's side as far as Hobart Place, where she stood still and said two or three times "What are you going to do with me?"—I said nothing at first, and then said "I will give you in charge," having sent for a constable who came, and I gave her in charge with the florin—she gave two or three different addresses.
Cross-examined. It was impossible for me to stop the three of you, and I did not want the man, I wanted you.
MARIA MASON . I serve in Mr. Mason's shop—on 28th April, about 4.30, I served the prisoner with two penny rolls—she give me a florin, it was very black; I tried it with my teeth, found it soft, and said "It is a bad one, where did you get it?"—she said "It belongs to my mistress, round the corner"—I did not know her—I gave it to Mr. Mason, he spoke to her, she left and he followed her.
GEORGE HARE (Policeman B 335). I saw Mr. Mason and the prisoner standing, together in Hobart Place—he called me across and said, "I give this woman in custody for passing bad money; here it is"—she said, "They were not with me"—I took her to the station, where the female searcher gave me a purse with a half-crown and a sixpence in it—I asked the prisoner her address—she said, 16, Victoria Street, or Victoria Road, just which you like.
WILLIAM WEBSTER . This florin is bad; it is of a bad colour, and I have no doubt if I had had the other one here I could have proved that they were made by the same person—there is a great deal of lead in it, and being of a similar colour, the presumption is that they were the same mixture.
The Prisoner's Statement before the Magistrate. "I did not know the man the baker saw me speak to; the woman did, but I did not."
Prisoner's Defence. Each of the persons from the Post-office is telling a lie. I only had 1s. 0 1/2 d. The female searcher ought to be here.
GUILTY .**— Eighteen Months' Imprisonment.
MESSRS. CRAUFURD and LLOYD Prosecuted.
JOHN SULLIVAN . I am errand boy to Mrs. Jones, 4, Down Street, Piccadilly—a little after 8 p.m. on April 29th I was in Windmill Street with a boy named Tidman, and the prisoner called me over to him and said, "Will you go into that little shop and get half an ounce of tobacco for me?"—he was standing by the public-house, and the tobacconist's is next door—he produced a couple of halfpence, but kept them back and gave me a florin—I went and got the tobacco and tendered the florin to a little girl in the shop, who showed it to Mrs. Gardner in the parlour—she came into the
shop, and I went to the door in consequence of what she said, and looked for the prisoner, but he had gone—I told her I could not see him, hut afterwards he passed by and went into the public-house next door and lit his pipe, and Mrs. Gardner went in with me and accused him of it—he said that he knew nothing about it, and came out and went round the corner of the Jews' street—we followed him—he went under a doorway, and we gave him in custody—I did not notice Tidman outside when I went out. Francis Tidman. I live at 15, Little Windmill Street—I was talking to Sullivan on the night of April 29th in Windmill Street—the prisoner came across to Sullivan and said something about tobacco—I think he said, "Will you go and get me half an ounce of tobacco"—I saw his face well—I waited outside the shop when Sullivan went in, and the prisoner walked up and down while I was looking into a paper shop—he came back—Sullivan pointed him out, and he went into the public-house—after he came out, Sullivan, Gardner, and I followed him till he was given in custody—I had only lost sight of him while he was in the heershop—he kept on walking up and down about the length of this Court, passing me while I was looking into the paper shop.
ELLEN GODDARD . I serve at Mrs. Gardner's shop—on the evening of April 29th I served Sullivan with half an ounce of tobacco, which came to 1/2 d.—he gave me a florin—I put it in my teeth and it grinded—I called Mrs. Gardner because she had taken two bad ones before. Sophia Gardner. I am the wife of Charles Gardner, a tobacconist—on the evening of April 29th my little girl gave me a bad coin—Sullivan was there, and I asked him where he got it—the prisoner passed the door, and the boy pointed him out to me as. he came out of a public-house—I said to him, "This is a bad two-shilling piece"—he said, "I did not give the lad the two-shilling piece, and I have not seen the lad"—I sent for a constable, and did not lose sight of the prisoner from the time I first spoke to him till I gave him in custody—he told the constable he had never seen the boy before—I gave the florin to the policeman.
GEORGE NEAL (Policeman C 64). Mrs. Gardner gave the prisoner into my custody with this bad florin (produced)—he said that he knew nothing about it, but Sullivan said that he sent him for half an ounce of tobacco—I found on the prisoner 1 1/2 d. and the tobacco—I asked his address; he said, "I have got no home."
Cross-examined. You asked the boy to give a description of the person who uttered the florin—he said that he knew it was you by your black and white scarf, but that the person who gave it to him had corduroy trousers—you had brownish moleskin trousers.
Re-examined. His trousers looked a good deal like corduroy.
The Prisoner's Statement before the Magistrate. "I emphatically deny any knowledge of it or of the boy either."
Prisoner's Defence I went into the public-house to have a smoke, and the boy looked in and accused me. I did not go away because I knew nothing about it. In the darkness of the night the boy must have been mistaken.
GUILTY .— Nine Months' Imprisonment.
FOURTH COURT.—Tuesday, May 27th, 1879.
Before Robert Malcolm Kerr, Esq.
537. HENRY MEYER (29) PLEADED GUILTY ** to unlawfully obtaining by false pretences 14 watches and other goods from Arthur Paillard and others, and to forging and uttering two orders for payment of 19l. and 27l. 10s. 6d., with intent to defraud, he having been previously convicted offelony.— Two Years' Imprisonment.
538. GEORGE SHERBORNE (44) , Unlawfully within four months of his bankruptcy obtaining from Samuel Brewer and others certain pianos, and disposing of them otherwise than in the ordinary course of his trade.
MESSRS. M. WILLIAMS and LYON Prosecuted; MR. POLLOCK Defended.
HENRY ALFRED STACEY , I am Superintendent of Records of the London Bankruptcy Court—I produce the file of proceedings in the case of George Sherborne, and the petition for liquidation, dated 20th August, 1878, which was duly presented on 20th August in the Bankruptcy Court at Newcastle, Northumberland—they are signed in the usual way by George Sherborne. George Blagrave Snell, I am one of the official shorthand writers to the London Court of Bankruptcy, and attended the examination of the prisoner on 15th January, 1879, before Mr. Registrar Pepys, and took down the questions put to him and his answers—the transcript on the file of proceedings is correct.
FREDERICK LUCAS , I am a public accountant at 20, Great Marlborough Street, and was on the 13th September, 1878, appointed trustee of the estate of the prisoner at a general meeting of his creditors held at Messrs, Curtis's—he handed me this book.(produced) with others, and' my clerk, Mr. Sutton, took possession of the estate for me—the book contains entries of pianos received from manufacturers and the cost prices—I find an entry of Messrs. Kirkman's pianos; the two last preceding the bankruptcy petition of 20th August are April 15th, a walnut cottage, 30l., and July 2nd, two walnut cottage pianos, 60l., and underneath is written, "My acceptance due January, 1879"—I find an entry 26th July, Samuel Brewer and Co., two walnut full cottage 48l., two truss pianos, 46l., and one pianet 19l., total 113l. (all-in pencil)—there was only one of Brewer's pianos in the shop—he gave me no explanation how he had disposed of the other pianos—I went through the books with him to. attempt to trace the pianos, but could not, and was obliged to give it up—I found an entry (in pencil), July 10th, of the purchase from Ralph Allison of a rosewood coloured piano 26l., walnut piano 25l. 15s., and written underneath, "By per due 27th July 52l.," and May 2nd, Broad wood, a rosewood cottage piano 33l. 10s., and two ditto on May 3rd, and underneath, written by the traveller, a receipt for bill of exchange therefor—the last entry in 1878 of purchase from Cadhy is June 6th, two rosewood cottages 49l. (10s. crossed out in pencil); 26th June, two rosewood cottages 49l. (10s. struck out in pencil)—I was present at the prisoner's examination in bankruptcy, and an order was made for his prosecution—I do not think I found any of Allison's pianos in stock, but my clerk will produce the inventory.
Cross-examined. I do not suggest than any pianos received by the prisoner were not entered in the book—there were plenty of pianos entered of Kirkman's—page 1 begins "Ralph Allison, June 15th, 1872"—I should
not go further back than that date—there were entries of dealings with Collards, Mitchells, Wallace, Russell, Barnett, Samuels, Laing, Cocks, Kelly, Hopkinsons, Arthur Allison, and Broadwoods—there are two Allisons, Ralph and Arthur—there is an entry here, Arthur Allison, 1878, July 8th, a walnut cottage 24l. 10s., and July 10th ditto, less 5 per cent, discouut, 2l. 9s.; settled as per receipt; by cash 46l. 11s., July 10, 1878—I did not see any entry here of Tolkien—I find in the banker's book, Tolkien, June 8th, 60l., and 82l. paid to Wallace on the 15th June; 49l. 14s. 6d. to Laing on the 14th June; Arthur Allison, 47l. 15s. on the 18th; Kelly, 81l. 7s. 6d. on the 15th, and 10l. on the 19th; Brewer, 46l., June 17th; Kirkman, 100l., July 2nd; Kelly, 50l. 15s., July 3rd; Hopkinson, 16th July, 65l. Har-bottle, 24th June, 69l.—the last payment is "Self 40l., Clarke 69l. 7s. 6d."—I did not investigate the tea business; there was none—I made an appointment with the prisoner with my clerk to go through the stock of pianos with the invoices which had been, supplied to me from the various creditors, and we tried to trace them in. the books for two hours, but found it hopeless—I cross-examined him, and he told me he had sold them, but did not tell me to whom—he said he had sent them to Leeds, Scarborough, and Glasgow, to be sold by auction—he gave me no satisfactory explanation—it appears to be the fact that he did send them there to be sold—ho produced the bank book and all the books in his possession—the information he gave turned out to be true—he told me nothing that has turned out to he untrue, and I have not discovered that he kept anything from me.
Re-examined. I have not added up the amount of his purchases within four months before his bankruptcy petition—I have not been able to trace or identify from his books the pianos delivered to him within that time.
RICHMOND. I am in the employ of Messrs. Brewer and Co., pianoforte manufacturers, 23, Bishopsgate Street Within, and have been in their employ for the last nine years—the prisoner was a customer and we supplied him to order on the 18th June with two walnut pianos, numbered 11648 and 11653, at 23l. each; and on the 6th July two walnut pianos, numbered 11470 and 11523, at 24l. each—I saw the pianos packed, addressed, and put into the van—no money was received for them to my knowledge—another walnut piano, 19l., was invoiced on the 6th July and dispatched from the warehouse on the 8th—when the last three were sent we had received an intimation that there was something wrong, but I did not know he was selling by auction—that would not be an ordinary way of dealing.
Cross-examined. We knew when we sent the three last pianos he was a little "shaky;" that his business was not so good as it had been—I don't know what credit he received—it might be six or twelve months; that would be an arrangement with the traveller—the order came from the" traveller and I executed it—the firm has dealt with the prisoner ever since I have been there, about 10 years—I do not know to what extent, I have nothing to do with the financial department—as far as I know the extent of his dealings may have been 1,000l.—I did not know the instruments were to be sold by auction or we should not have supplied them.
EDMUND STARKETY . I am a member of the firm of Starkey and Harland, auctioneers, Scarborough—the prisoner arranged with me for the sale of pianos on the 19th July, 1878, and I sold them in our sale room and
produce the catalogue—they were new instruments—the names of the makers on the catalogue were Kirkman, Broad wood and Son, Allison. Brewer, Cadby, "Wallace, and a harmonium by Dresser—there were two by Brewer and one by Kirkman—one of Brewer's pianos, 11470, was sold to Mr. Hackers for 17l.; and another, 11523, to Mr. Sisson for 19l.—the Kirkman piano, No. 3134, was sold to Mr. Dove for 20l. 10s.; and the harmonium by Dresser to a Mr. Mitchell for 8l.—a piano by Broadwood (No. 50576) was sold to. Mr. Scariott for 23l.; and one by Cadby (No. 19347) to Mrs. Small wood for 18l. Cross-examined. July is the beginning of the season at Scarborough, and pianos would be likely to sell—business was good and a fair number of people attended the auction, which was extensively advertised—our auction room is in Burton's Walk, a very public place—the prisoner's name did not appear on the placards, but the names of the makers did appear—there were two of Kirkman's in the placard, but only one sent us for sala William Dove. I am a monumental sculptor at Scarborough—I attended Starkey and garland's sale of musical instruments on the 19th July, 1878, and purchased a new piano by Kirkman for 20l. 10s. numbered 31344; the last figure 4 was covered by a ticket! pasted over, making it appear 3134.
ROBERT NAYLOR SISSON . I am a coal merchant at 94, Westborough, Scarborough, and attended the sale on the 19th July, 1878, and purchased a new piano by Brewer and Co (No. 11523) for. 19l., and I sold it afterwards at a profit.
CHARLES HENRY DUNSTER . I am. one of the trustees carrying on business as Kirkman and Son, 3, Soho Square pianoforte manufacturers—the prisoner has been a customer of the firm for tour or live years—we supplied him on credit on July 2nd with two walnut pianos, Nos. 31058 and 31344 for 31l. 10s. each—the order was received from our traveller, Mr. Sherwood—the prisoner owed the firm about 430l. on the filing of his petition for liquidation—we did not know he was selling them, by auction, and it is unusual to sell new pianos by auction.
Cross-examined. We object to pianos being sold by auction, because it spoils our country trade, and we do not like there being hawked about—we do not ask purchasers what they are going to do with pianos—the prisoner has been our customer since 1873—4 and his dealings may have amounted to 1,000l.
EDWARD LATHAM . I am cashier to Kalph Allison and Sons, pianoforte manufacturers, 108, 109, and 110 Wardour Street—we supplied the prisoner within four months of August 20th with nine pianos, and have not been paid for them; they were numbered 19664, 19700, 19685, 19727, 19710, 19858, 19754,1977 and 1998, total value 232l., 15s.—the last supplied was July 20th.
Cross-examined. They were sold to him at 12 months' credit—we had done business with him about six or seven years, and had extended the credit with him the last two years—we have sold him about 89 instruments,
which would come to about 200l. a year—his transactions were smaller at first, but increased gradually—he owes us over 500l.—acceptances were given and dishonoured; they were not all due at the date of his bankruptcy, and I do not know if any were dishonoured before the bankruptcy—he had paid his acceptances until then, but a great many were running—two years ago he asked our traveller to extend our credit, and we did so.
Re-examined. His debt when he failed was 509l. 7s.
CHARLES CADBY . I am a pianoforte manufacturer at Hammersmith Road—I "supplied the prisoner on the 6th of June, 1878, with two rosewood pianos, 19656 and 19661, invoiced at 24l. 10s., and two similar pianos at the same price, Nos. 19347 and 19300—we had no idea they were to be sold by auction—it is not usual in the trade to sell them by auction.
Cross-examined. No piano dealers sell by auction—I believe Kelley and Co. do, second hand ones—I see their sales advertised—I do not think they are advertised as second hand—they are large dealers, but I know nothing of their business—I know they are auctioneers and sell off collections of old pianos—I have dealt with the prisoner about six years, and his transactions from the beginning are about 600l.—I will not swear they were not more than 1,000l.—we do not ask purchasers what they are going to do with the pianos, but we should not sell them if we knew they were to be sold by auction, as we do not like them being hawked about, and it depreciates the value of our instruments.
ROBERT FULTON . I am a clerk to Messrs. Broadwood and Son, pianoforte manufacturers, 23, Great Pulteney Street—the prisoner is a customer of the firm, and we supplied him with instruments between 20th May and 20th August last—on the 2nd May, 1878, we supplied him with seven pianos, Nos. 5371 to 5377, invoiced at credit price—he owed us 107l. at the time of his bankruptcy—we should not have supplied them if we had known they were to be sold by auction.
Cross-examined. We do not inquire what is going to be done with them—we should object to their being sold by auction irrespective of the prices obtained.
CHARLES EDWARD SCARLETT . I am a flower dealer at Scarborough—I attended Starkey and Harland's pianoforte sale on the 19th July last, and purchased a Broadwood, No. 5376, for 23l.—it was apparently new.
CHARLES WINTER . I am clerk to Mr. Tolkien, pianoforte manufacturer, 51, King William Street—the prisoner is a customer and was supplied on the 19th July, 1878, with two pianos, Nos. 78142-43, at 23l. each, on credit—we had no idea they were to be sold by auction—that is not the ordinary course for a dealer.
Cross-examined. We have dealt with him three or four years—I have been at Mr. Tolkien's seven years—the prisoner has not to my knowledge dealt with Mr. Tolkien 14 years, but he may have done so—we do not ask people what they are going to do with pianos.
MORITZ KEYSER . I am manager and traveller to Mr. Laing, importer and dealer in musical instruments, 13 and 14, Kimberley Street—we received orders from the prisoner between April 20th and August 20th, 1878, and supplied him with goods—at the time of filing his petition he had not paid for them, and owed us 114l. 7s. 6d. for two pianos and a harmonium supplied on the 22nd April, 1878, and a harmonium on the 19th June.
Cross-examined. I did not know they were going to be sold by auction—the prisoner, in November, 1877, told me on my visit to Newcastle that he had and sale on his own premises to counteract a neighbour who was selling by auction—I knew subsequently of his selling by auction at Glasgow, and I sent my brother down to get his account settled, and told him to solicit further orders, and not to mention that I knew anything of his sale at Glasgow, in order to get payment of one or two of the prisoner's bills due in about three weeks after.
GEORGE TILT YOUNG . I represent the firm of Hardwick and Young, auctioneers, Leeds—by the prisoner's instructions we sold some pianos by auction on the 30th July, 1878—we sold a piano by Kirkman to Mr. Bentley.
Cross-examined. The sale was advertised in two papers, and bills were printed and posted up giving the makers' names.
Re-examined. The prisoner's name did not appear.
MR. BENTLEY. I attended the sale at Leeds and bought a piano by Kirkman, No. 31058, for 28l.
JAMES HARDMAN SMITH . I am a member of the firm of Smith and Sheard, Edinburgh, and by the prisoner's personal instructions we sold pianos by auction on 1st June, 1878—we had sold by auction for him previously at the end of April—the names of the makers advertised in April were Collard and Collard, Kirkman, Hopkinson, Ciceroni, Ralph Allison, Cox and Co., and Wallace; and in June: Allison, Broadwood, and Collard and Collard—we sold about 12 or 14 in April, and six or seven in June.
Cross-examined. The sales were advertised in two or three local paper, giving maker's names, and there were catalogues.
JAMES WALLACE . I am manager to my father, a pianoforte manufacturer, at 133 and 135, Euston Road—I know the prisoner as a customer—we supplied him on the 11th June, 1878, on credit, with two walnut pianos, Nos. 1882 and 1884, at 22l. 10s. each; and a 14-stop harmonium, No. 12355, for 20l. 15s., and have never been paid—we had no idea they were to be sold by auction.
Cross-examined. We have some idea what is going to be done with pianos when we sell them—we have asked on various occasions, but have not asked the prisoner—if a man comes to open an account he gives references, and if an auctioneer I should take it he was going to sell them by auction and should not supply him—we have dealt with the prisoner four or five years—I will not swear it is not 14 years, but I do not think so—I think he never owed us more than the 609l. due at the time of his petition—his transactions during the time he has dealt with us would amount to as much as 5,000l.
HENRY ALFRED STACEY (Re-examined). The total amount of the prisoner's indebtedness is 4,180l., of which 4,083l. is due to pianoforte manufacturers in London—his assets are 946l., according to the statement on his own estimate.
Cross-examined. I mean the present value—I have made no estimate of the assets at the date of the petition—I have received' nothing like that sum—he may have offered 3s. 6d. in the pound—I attended meetings of creditors,
but cannot distinctly remember such an offer—if made it was without security.
MR. POLLOCK submitted that there was no evidence of any false pretence on the part of the prisoner. He had carried on a legitimate business for 20 years, and no false representation was proved or any evidence of an intent to defraud. MR. WILLIAMS contended that the purchases were made under the false pretence of dealing or carrying on business in the ordinary way of his trade. The COURT considered that there was no evidence of the false pretence under sub-section 14 of the Act.
NOT GUILTY .
There was another indictment against the prisoner, upon which no evidence was offered.
MR. GEOGHEGAN Prosecuted; MR. THORNE COLE Defended.
ALFRED HEGLEY . I am a printer at 5, Ocean Street, Stepney—on Wednesday, the 19th March, between 2 and 3 p.m., while on London Bridge, my attention was called to the prisoner and another man—they were going from lady to lady and looking into their jacket pockets, and then feeling in them—I followed them to King William Street, and saw the other man go and face a lady while the prisoner took out this purse (produced) from her pocket—the other man then went towards Eastcheap and Gay towards Arthur Street East, and I followed him and called out to the policeman, and I had a struggle with him and he got away—I first saw the purse in his 'hand, and am sure he is the man.
Cross-examined. It was my dinner-time—I was standing upon the bridge, and they were going over from the Surrey side—I saw who took the purse, and saw it thrown away, and I picked it up—I did not look into it; they opened it at the station—I followed the policeman, and came up to him in Thames Street, where the prisoner ran on to the wharves, and I called out "Police!"
WILLIAM SHEEN (City Policeman 756). I was on duty in Arthur Street East on the 19th March, and saw the last witness struggling with the prisoner—I went towards them, and Gay got away—in consequence of what the witness told me I went to Thames Street and apprehended the other man, Wilkinson—the witness gave me this purse.
Cross-examined. I did not go on to London Bridge—they were about 12 yards off when I heard some one call out—I ran four or five minutes from Arthur Street, and Hegley ran with me—I got close to the prisoner, but he escaped, and I lost sight of him.
DAVID SHIP (City Policeman 809). I apprehended the prisoner on the 5th May in the Steam Packet public-house, Lower Thames Street, and told him he would be charged with stealing a purse from a lady in King William. Street on the 19th March—he said, "You are mistaken"—I said, "That is for the witness to prove."
Cross-examined. He said he knew nothing about it.
GUILTY . The Prisoner also PLEADED GUILTY to having been previously convicted of felony at Lewes on the 1st July, 1878.**— Two Years' Imprisonment.
OLD COURT.—Wednesday, May 28th, 1879.
Before Mr. Justice Grove.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; and MR. FRITH Defended.
EDWARD CLUNELESS DAVIS . I am house surgeon at the London Hospital—I was present when Rosario Bertucco died there—I was present before his death, when his deposition was taken in the presence of a Magistrate; he was in a dying state—the prisoner was present, and had an opportunity of asking any questions he pleased. (The deposition of Rosario Bertucco was read as follows: "I am an inmate of the hospital. At half-past 7 on Saturday last, 26th April, I was in the ice cream shop kept by Marmarosi; I went there to have something to eat; another man, not the prisoner, gave Marmarosi a white shirt to wash. That man asked for his shirt again, and called Marmarosi a wh——. I asked Marmarosi what was the matter; the other man who gave the shirt said to Marmarosi, 'You have got another man who talks Italian, call him out to tight.' That man went out and came in again, and said to me, 'Come out and right.' As I went outside I said, 'One to one I will fight English fashion.' There were about 20 Maltese outside. The prisoner said, 'Let that man go, and fight with me.' We fought together with fists. After we had been fighting about three-quarters of a minute I felt a blow with a knife in my back, and I fell to the ground. I do not know who gave me the blow with the knife. A soldier said, 'That is the man.' The prisoner was running away, and the soldier pointed to him. I had known the prisoner two or three days. I had had no quarrel with him before. I was sober." Cross-examined. "I had not been drinking with the prisoner; I had drank two glasses of beer with an Australian young man—I did not see the man running away—just after I felt the stab I fell down and called out 'Help me, Christians!'—I had no knife except the little penknife produced—I put my hand in my pocket to take out this knife to frighten them—I do not know whether the prisoner was always in front of me as we were fighting—we were turning round all the time—I had no quarrel half an hour before with the prisoner or any other Maltese—the police sergeant did not pull me off any one.") The deceased was admitted into the hospital on 26th April—I saw him when he was admitted—he was suffering from a wound in the left buttock—it was more than 5 inches deep, and about 1/2 an inch in breadth—it had entered the pelvis—there was considerable hæmorrhage—I should say a very long slender knife would inflict such a wound—considerable force must have been used—this knife (found on the prisoner) could not have produced it—he died on 1st May—I made a post-mortem examination—the knife had penetrated into the bladder; that caused extravasation of urine and peritonitis, of which he died.
Cross-examined. I said before the Magistrate that if the prisoner and deceased were fighting, I should think the prisoner could not have turned round and inflicted the wound in the position in which I found it, not if he was fighting in front of him, he would have to stoop down to do it, and I don't think he would be able to use sufficient force in that position.
Guards quartered at the Tower—I have been in the army 18 months—on the night of 26th April, about a quarter to 9 o'clock, I was in St. George's Street—I was sober—I saw the prisoner come out of the Crooked Billet public-house with the deceased and two others—the prisoner and deceased began to fight with their fists—they fought for about a quarter of an hour—they had about four or five rounds—the deceased was on his knee, and the prisoner was in the rear of him, and he drew a knife from his side with a bit of white tape on it like sailors have round their necks—it was shut when he drew it, but he opened it and stuck it in the backside of the deceased—he said "Oh, I am stabbed," and he fell—the prisoner ran away—I went after him—he took the first turning to the left—I overtook him—I found him on his hands and knees at the side of a wall, and I gave him in charge to a policeman—he was about 200 yards from where the fight took place—he then had no knife but this; I did not notice any white cord about him—I am sure he is the man that drew the knife—I was in the Crooked Billet before the fight took place for about a quarter of an hour having a pint of beer, and saw the prisoner and deceased there; they were quarrelling about something, I could not understand their language, they were haggling in some foreign talk—I afterwards assisted the deceased to the hospital.
Cross-examined. I saw five altogether in the Crooked Billet—I had not seen either of them before—there were a great many people around the two men, who were fighting—I did not see a tall man there with ginger whiskers—I did not see Cavaleri, or Mallia, or Jones there.
JAMES FUNNELL (Policeman H 249). On Saturday, April 26th, about 9 o'clock, I was on duty in St. George's Street—it used to be called Ratcliff Highway—it is very much crowded on Saturday night—I saw a disturbance going on outside the Crooked Billet—just before I got Up to it I saw the prisoner come out of the crowd—he had blood on the side of his face and neck—he turned up Denmark Street—I heard a man say, "I am stabbed"—I went after the prisoner, and found him crouched alongside a dark wall, about 100 yards up Denmark Street—the soldier saw him first and said, "Here he is"—I took hold of him and said he would have to go back with me—he said, "What for?"—I said there had been a man stabbed—he said, "I have been fighting, but I did not use any knife"—I took him back to outside the Kettledrum, where the deceased was, but he was not able to say anything—I took the prisoner to the station and searched him, and found this small knife in his pocket—there were no traces of blood on it—the prisoner had no wound on him; he had a black eye.
Cross-examined. I did not look to see if there was any wound on his neck—there was no cord round his neck.
WILLIAM POUND (Police Inspector H). I was present when the prisoner was brought to Leman Street Station—I read the charge to him—he said, "I did not do it, they know that," pointing to a number of persons who came into the station with him.
Cross-examined. I have made inquiries and ascertained that two fireman of the ship Nankin disappeared on that Saturday night—they had leave and did not return to the ship—I ascertained that from the chief engineer.
Re-examined. The Nankin was in the South West India Dock—the firemen were both Maltese—no knife was found where the fight took place.
The following Witnesses were called for the Defence.
St. Geoge's Street—on April 26th I saw a fight between the prisoner and deceased—they fought with their hands—the prisoner did not strike the deceased with a knife; it was another one named Alfred—I do not know his other name—it was a long Spanish knife with a sharp point—I had seen him open it at the boarding-house—the prisoner does not wear a knife fastened to a white cord—Alfred struck the deceased from behind—the two were fighting in English fashion, quite fair, and Alfred came behind and struck him—the two were one on the top of the other at the time, the prisoner was under, and Alfred struck deceased and ran away—I have not seen him since—there were a good many people standing round.
Cross-examined. I saw the soldier on the other side, talking to a girl about 20 yards off—I saw Alfred open the knife in the boarding-house—he wanted to fight the deceased with it, and the prisoner said no—he was a fireman, and belonged to the Nankin—he told me so—he was a long fellow, with a small moustache, no whiskers—I had known the prisoner about a week.
LAURENCE MALLIA . I am a fireman, lodging at Marmarosi's, in St. George's Street—I saw the fight between the prisoner and Bertucco—I saw Alfred, the man who ran away, strike Bertucco with a knife—the prisoner did not use any knife, he struct with his hand, English fashion—Alfred was a long man with a small black moustache; he belonged to the Nankin—I have not seen him since.
Cross-examined. I knew Alfred in. London, and the prisoner too; I knew the prisoner about 36 days—I saw the soldier on the other side speaking to a girl alongside the boarding-house, about 14 yards away—I saw Alfred take the knife from his jacket pocket and open it; it was a Spanish knife—I did not hear him say anything—he is a Maltese; so is the prisoner, and so am I—I knew Bertucco about five months ago.
Re-examined. I went to the police-court and gave my evidence on the Monday.
ALFRED JONES . I am a fireman at 1, John Street, St. George's—I was standing at the corner of John's Hill, and saw the prisoner and deceased fighting; the prisoner had the big man (the deceased) in a bending position, and a tall man came round from the crowd and stabbed the deceased; he then shut the knife and put it in his right-hand pocket—I went ever to see if the man was hurt, and saw him bleeding in the backside—I turned round to see if the man that did it was there, and he was gone—the policeman came up, and he and the soldier went up Denmark Street and caught the prisoner; the policeman asked the soldier if that was him, and he said "Yes"—he walked him outside the Kettledrum, and then the soldier said, "No, that ain't the man"—the policeman heard him say so—I am quite certain the prisoner is not the man that used the knife—they were all strangers to me.
Cross-examined. I am employed at New Crane Wharf, Wapping—the policeman had hold of the prisoner at the time the soldier said he was not the man—I did not see which way the tall man ran—it was an open knife he stabbed with, and then he stood in the road and shut it and put it in his pocket—there was a mob round the fight.
WILLIAM LAY . I am a wharf labourer, and live at 23, Cornwall Street, St. George's—I know nothing of the parties—I saw the two men fighting; the deceased called out "The knife! the knife!"—the prisoner opened his hands and said, "Me got no knife; fight fair, English"—that was all I saw.
Cross-examined. I was standing in the crowd not a yard from them—the prisoner was in front of the deceased with his hands up—I did not see any one run away.
MARY ANN DRISCOLL . I live in Alsop Place, St. George's—I saw the prisoner and deceased fighting; I saw the deceased stabbed, not by the prisoner, by a much taller man with a little bit of moustache and light trousers, and he went away down a back turning—I can swear it was not the prisoner.
Cross-examined. They were all strangers to me—I was standing close by.
JOHN CAVALERI . I was in Marmarosi's ice-shop—there was a row there with a tall fellow—I saw the fight in the street; the tall fellow with a black moustache stabbed the man with a long Spanish knife—he was a Maltese belonging to the Nankin—it was not the prisoner.
Cross-examined. The tall man had a moustache; it was not very black or ginger—I did not know him before, only to speak to—I drank with him before the fight.
JAKES FUNNELL (Re-examined). I did not hear the soldier say that the prisoner was not the man—I am quite sure he did not, or I should have heard him—it was a darkish night, but there was light from the shops.
NOT GUILTY .
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; and MR. MEAD Defended.
MARY PODBURY . I am servant to the prisoner at Portland Villa, Hillingdon—on 6th May, about 4.30 p.m., I was helping my mistress putting some feathers into a new bed in a room at the top of the house—I heard the breakfast-room bell ring; that is on the ground floor—there are three storeys to the house—I came down to the first landing—my master called "Mary"—I said "Yes, sir"—he came to the bottom of the landing and said, "Damn it, what are you laughing at up there?"—he had a revolver in his hand; he pointed it at me, and said he would shoot me—he said that twice—I ran back to my mistress and told her—the prisoner ran after me and came into the room—he said "I will shoot your mistress, by God I will, and I mean it too," and he moved a few steps and fired—he,. held the revolver pointed straight at my mistress—she was struck, and the blood was streaming down her face—I jumped at the prisoner, and took the revolver out of his hand and put it in my pocket, and went to fetch Trotman, the gardener—he was not at home, but he came a few minutes after I came back—I had seen the prisoner that morning before I heard the bell; he was not drunk; he appeared to me to be sober—I had not heard him quarrelling with my mistress that morning—he had gone downstairs before Trotman came—I came with my mistress to her bedroom on the first floor—I sent for the doctor—my mistress was sitting down when the pistol
was fired at her; he was standing two or three yards from her—I afterwards picked up a bullet and a tooth in the room by the side of where my mistress had been sitting—the prisoner is of no business or profession—I remember on 13th April his wanting to go out; my mistress wanted him not to go, and he took up the poker and said he would kill us if either of us came near him.
Cross-examined. When I first went into the service the prisoner was away at Dr. Harland's—he was there for six months on account of ill health—he came home about Christmas—he gave way to drink a good deal—he did not have an attack of delirium tremens while I was there—Mr. Macnamara used to attend him—he was in a peculiar state on Easter Sunday (13th April)—he had been drinking for two or three days—he used to get very excited after that—he did not rave—I noticed that his eyes glared and looked wild—that continued for a few days after he left off drinking—he wanted to go out on Easter Sunday, and my mistress and I tried to prevent him; we thought it would be dangerous to let him' go out—he had been drinking a good deal before the 6th of May, brandy and beer—he was not a great deal excited that day—it was about 3.30 when I went upstairs to pick the feathers—this occurred about 4.30—I had passed him in the hall as I went upstairs—I had no opportunity of watching him during that day—I had not been laughing upstairs; I was smiling when I came to master—when not under the influence of drink he has behaved nicely to my mistress.
Re-examined. He had taken a little beer that day, about 2 o'clock, and he had a little egg and brandy shortly before this occurred, about 3.35—he dined at 2 o'clock—after Easter Sunday he went about the house as usual.
ANNIE GARDNER . I am the prisoner's wife; I have been married to him nearly seven years—on Tuesday, 6th May, I was upstairs with Mary—we had dined about 2 o'clock—after dinner the prisoner struck me on the side of the head with his hand; he did not say anything to me at the time—I thought he was sober—I had objected to his spitting in the fire, I asked him not to do so, and then he struck me, I believe with bis open hand; it was not a violent blow, but it hurt me, because I was suffering from headache—I was sitting by the fire after dinner in the down-stairs room—I left the room immediately after he struck me, and went up to my bedroom—that was about 2.30—after that I was in the top room with the servant picking feathers—I heard the bell ring; the servant went down; I heard my husband threaten to shoot her—he said "Damn it, what are you laughing at upstairs? I will shoot you"—I had not heard her laugh; she was smiling when she went down—she ran back to me into the room, and he followed her immediately—she said "Master is coming upstairs with a revolver in his hand"—I should say he was near enough to hear—when he came into the room I noticed that his face was very red, and his eyes glaring—he said "I will shoot your mistress, by God I will, I mean it too;" he said that just as he came into the room—I saw the revolver in his hand—this (produced) is it—he came and stood about two yards from my left side—I was sitting down—he then moved nearly opposite to me, and fired without hesitation—my head was leaning down—I was struck in the left cheek, just below the eye; the bullet passed down inside my cheek and knocked out one of my upper teeth and one of the lower teeth; both teeth came out in the room, one has been found just lately; I was bleeding—I did not see what Mary did, I saw her leave the room—my husband did not help me at
all; he was looking about the room for the revolver—I said "No, no, no"—he said "What will they do to me?"—assistance came, and Mr. Macnamara attended to me—I thought, in fact I know almost that my husband was sober after dinner.
Cross-examined. He is a confirmed drunkard—I sent him away last year to Dr. Harland's establishment in the hope that he would be cured—he did not take to drink again for three weeks after he came back, but soon after he did—he has had several attacks of delirium tremens—when not in drink he has behaved kindly to me—he has had the revolver for nearly two years; he got it on account of being afraid of burglars—I hid it for some time—I thought it an unsafe thing for him to have—when he fired at me I was sitting on a chair with my head bent down; I was not looking at him—I can't say whether his hand was not much higher than his hip—I was not alarmed when I saw him with the revolver.
Re-examined. It is some time ago that I put the revolver out of his way—I did it because he threatened to shoot me—it is only a few weeks ago—I took very little notice where he kept it; he put it in one of his own private drawers—he has many times threatened to shoot me, and himself too.
By MR. MEAD. I do not know that on two occasions previous to our marriage he attempted to commit suicide—I was told of it some time after my marriage, by his own brother, who is dead.
CHARLES-TROTMAN. I am a gardener, and have worked in that capacity for the prisoner about 12 mouths—on the 6th May, just before 5 in the afternoon, I was fetched to the house by Mary Podbury—I found the prisoner just coming out of one of the lower rooms—I said, "What have you been doing?"—he said, "I am going upstairs to see my wife"—I saw that he had blood on his hands, and he was very much excited—he wanted to pass me to go upstairs—I caught hold of him and threw him down, and held him there—I did not then know what had happened upstairs—he asked me to let, him get up and sit in a chair, and I did so—he then said, "Is Mrs. Gardner dead? I am afraid she is; I am afraid I shot too straight"—on several occasions prior to this I had been called in when he was suffering from delirium tremens—on one occasion he tried to stab himself with a knife—in the beginning of 1878, when I was in care of him, he asked to see his wife—she came into the room—he was talking to her for two or three minutes—he then caught her by the shoulders and began to shake her—I prevented him from doing so—after she loft the room I asked why he had done it, and he said he had no recollection of having done it—he was a confirmed drunkard then.
Cross-examined. He was very excited through drink—if he heard people talking he always fancied they were talking about him, and became very angry and excited—if any persons came into the house and were speaking, he always thought they were talking about him—Mrs. Gardner always treated him with great kindness, only tried to prevent him from drinking—he said she did not use him kindly.
GEORGE DOWDESWELL (Police Inspector). On Tuesday evening, 6th May, about 6, I went to the prisoner's house—I was in uniform—I saw him in the garden—as soon as I entered the garden he said, "I know what you have come for, you want me"—I said "Yes"—he went indoors—I told him I should take him into custody for shooting his wife—he said, "I did it in a passion; don't worry me"—he went quietly with me to the station—
he appeared very excited—I considered him to be sober—I went back to the house and saw the bullet and tooth found by Mary Podbury in the room upstairs among some feathers on the floor—she handed me this revolver—it has six chambers—one appeared to have been recently discharged; one had not been loaded—I found a cartridge in the prisoner's pocket which fitted it—I have drawn the other charges, and have the cartridges here.
EDMUND VINCENT . I accompanied the inspector to the prisoner's house—while he had gone away I was left alone with the prisoner—he said, "Who sent for you?"—I said, "Dr. Macnamara came to the police-station and gave information that you had shot your wife"—he said, "Did he say that I was drunk?"—I said "No"—he said, "Did he say that my wife would die"—I said "No"—he said, "That is one load off my mind; I should not have done it if it had not been for passion"—he also said, "I have been very poorly; I should think more of it if I thought it was all my fault"—I considered him sober—he had taken drink—on 14th May I was with him as he was being conveyed from the House of Correction to Uxbridge to go before the Magistrate—in the train he said to me, "Can you get me a local paper, an Uxbridge paper?"—I said, "Yes, I dare say I can"—he said, "Because that girl has perjured herself"—I said, "What girl?"—he said, "That servant of ours; she states that she took the revolver from me; she did not, I dropped it in the feathers, and I have some recollection of looking for it, and if I had found it, it would no doubt have been a bad job for all that were present; I should have done for all, and myself as well."
GEORGE HOUSEMAN MACNAMARA . I am a surgeon at Uxbridge, near the prisoner's—on 6th May, about 5 o'clock in the afternoon, I went to the prisoner's house—I found Mrs. Gardner in bed bleeding from the mouth, and also from a wound in the cheek—the bullet had entered just under the left eye, passed inside, and came out behind the upper lip, knocking out the eyetooth of the upper jaw and a tooth of the lower jaw—such a wound would be inflicted from the firing of a revolver—I saw the prisoner about 5.30—he was not perfectly sober, he had evidently been drinking—he knew what he was about—I saw him later in the evening at the police-station; I spoke to him—he appeared then to know what he was about—I have attended him since September, 1877—I attended him three times in the course of a year for delirium tremens—on one occasion I took possession of the revolver; he had it in his writing desk; that was in September, 1877, the first time I saw him—-from the state he was then in I took the revolver from him and kept it for six months, I then gave it to Mrs. Gardner—she' is out of danger; there will be disfigurement; she has not quite recovered from the shock.
Cross-examined. I believe she will completely recover—when I took the revolver from the prisoner he had been threatening to shoot everybody and himself too—delirium tremens sometimes arises from depression from abstinence from drink; they always leave off drinking before they get delirium tremensthe quantity of alcohol stops them from drinking, the whole digestion is upset, and they leave off drinking and delirium tremens follows—glaring of the eyes is one of the first symptoms of delirium tremens—the prisoner was suffering from a complication of diseases before he went to Dr. Harland—he was suffering recently from Bright's disease; that is an incurable disease; it is very much the effects of drink—he is not suffering so much from it now as he was two years ago—he also had congestion
of the liver and of the lungs; the lung disease would cause him to spit a good deal—he has general congestion of every organ of his body.
GUILTY on First Count. — Twenty Years' Penal Servitude. The Court directed a reward of 5l. to be paid to the witness Mary Podbury for her courageous conduct.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. AUSTIN METCALFE Defended.
The Prisoner being deaf and dumb, the evidence was interpreted by the Rev. S. Smith.
EDWARD EDGSON . I am a labourer at Hammersmith—on 15th April, about 8.30 or 8.45, I was at the Crown public-house, North End, Fulham, with my wife, who is the prisoner's sister; she had had a little too much to drink—I took a rose out of her hat—she said she would fetch a policeman and lock me up—after this I was standing outside the Crown holding a horse's head—I saw the prisoner come up and I saw Shawcross fall on the road on the back of his head—I did not see the prisoner do anything to him; he ran, up and said "Bo!" and Shawcross fell—he pushed him, whether with his open hand or his closed fist I could not say—he had his hands in his pockets, and he fell on the back of his head.
Cross-examined. Shawcross was standing on the edge of the kerb; I did not see him do anything aggravating—the prisoner is a very quiet fellow.
CHARLOTTE KERL . I am the wife of Henry Kerl, of Garden Cottage, North End, Fulham—on 15th April, between 9 and 10 o'clock, I was by the Crown public-house—Mrs. Edgson and her husband were fighting—the prisoner was there—Shawcross stood facing the Crown about a foot off the kerbstone, with his hands in the waistband of his trousers—I saw the prisoner strike him, and he fell on his back in the road, where there were some granite stones; he was picked up and taken to a surgeon's—I did not see him do anything to the prisoner.
Cross-examined. The prisoner struck at him, and it caught him by the side of the ear, and he fell backward into the road—he only struck him once.
JAMES STAMMERS . I live at 10, Field Road, Fulham—I was outside the Crown talking to Shawcross—I had seen Mr. and Mrs. Edgson quarrelling, and she went for a policeman—the prisoner came towards Shawcross and struck him two or three times with his fist in the face, and he fell to the ground on the back of his head—he had his hands in his pocket all the time—I saw no reason for the prisoner's striking him.
Cross-examined. Shawcross made no insulting gesture of any sort—I am sure of that.
CHARLES MARSH . I am a grainer, and live at 10, Crown Road, Fulham—I saw a disturbance outside the Crown; there was a quantity of people—Shawcross was standing on the edge of the kerb with his back towards the road with his hands in his bolt—I saw him blow his nose with his fingers towards the prisoner, who was standing ten or twelve yards off—the prisoner
shook his fist and ran and either hit or pushed him, and he fell in the road and struck his head—I am positive there were not three blows.
JOHN SHAWCROSS . I am a labourer of North End, Fulham—the deceased, William Shawcross, was my brother; he was 49 years of age—he was brought home senseless on 15th April; he was attended by Dr. Murdock and died on the 24th—he had about 150 fits between the 15th and 24th—he had had no fits before that; he was a healthy man.
PATRICK ALEXANDER MURDOCK . I am a registered medical practitioner at Fulham—on the night of 15th April the deceased was brought to my surgery—he was suffering from a lacerated wound at the back of his head, and was bleeding from both ears and nose; the wound was about the size of a half-crown—from the grit and sand in the wound I fancied it was from a fall on a Macadamised road—I had him taken to his own home, and I attended him daily till he died; I saw him in one fit; it was reported to me that he had others—an injury of that kind would be likely to produce fits—the cause of death was fracture at the base of the skull caused by the fall.
Cross-examined. There was no. trace of any blow about his face—I should certainly have expected to find some trace if the blow was violent—I should not think a violent blow could have been given.
HENRY PICARD (Detective). I arrested the prisoner on 25th April—I made certain signs to him to denote that Shawcross was dead, and that he had caused it—he nodded his head and held up his fist in the action of striking, giving me to understand that he knew what I meant.
The Prisoner's Statement as interpreted before the Magistrate. "The deceased insulted me by a motion of his fingers to his nose."
GUILTY. He received a good character, and was strongly recommended to mercy by the Jury. — One Month's Imprisonment without hard labour.
NEW COURT.—Wednesday, May 28th, 1879.
Before Mr. Common Serjeant.
MR. BULWER, Q.C., and MR. F. H. LEWIS Prosecuted; MR. BESLEY appeared for Silveyra, and MR. ATHERLY JONES for Touzon.
MR. BESLEY stated that the defendants declined to plead to the 17th and 18th Counts, winch charged false pretences, and demurred to them, they being bad in law, having been added without the permission of the Court being first obtained; and that they were added merely to give power to the Court to make a restitution order. MR. JONES contended that a totally distinct charge had been placed in the indictment against Touzon, and that the invariable practice under such circumstances was to strike out the Counts or to quash the Indictment. MR. BULWER having stated that he should not ask the Jury to convict Touzon on those Counts, as Silveyra alone was committed for the false pretences to which they related, the Court directed the 17th and 18th Counts to be quashed as far as Touzon was concerned.
ALFRED LOVE . I am a clerk in the Bankruptcy Court—I produce a petition in liquidation filed by Touzon and Silveyra, jewellers, goldsmith, and ring makers, dated 26th February, 1876, and filed the same day—I also
find an order of 28th February appointing Mr. Seear receiver and manager, and another order of 21st March appointing him trustee—in the statement of affairs filed by the debtors the unsecured creditors are stated at 8,833l. 16s. 3d., and the creditors fully secured 5,408l.—the estimated value of the securities is 7,777l.—there are no secured creditors except pawnbrokers.
Cross-examined by MR. BESLEY. With the petition there is a list of 19 creditors to whom summonses are to be sent for the first meeting, which is afterwards increased by a supplemental list to 24—the first meeting was appointed for 19th March, when there was a resolution to liquidate by arrangement and not in bankruptcy, but no offer was made of so much in the pound—they carried also a resolution appointing Mr. Seear trustee, which was certified on 21st March—Silveyra was in custody on 1st March, and could not have been present when the accounts were filed on 21st March—they are signed by both, showing assets 3,221l. 3s. 11d., and estimate of surplus securities 2,366l.—there is no examination of either defendant, and no cash and deficiency account—there are six secured creditors.
JOHN SEEAR . I am a public accountant, of 23, Holborn Viaduct—I was appointed receiver and manager, and afterwards trustee—I have been through the debtors' books; their liabilities are stated at 13,400l., the exclusive debts are 8,800l.—the stock in trade, valued by the debtors at 526l. 11s. 1d. have not been realised., but I do not suppose they would realise more than 300l. at the outside—the book debts, 306l. 1s. 1d., are estimated by them to produce 230l., but I do not think they have all come in; there is also cash in hand, 34l. 15s. 4d.; furniture at 13, Frith Street, 70l.; other private furniture, 123l. 12s. 9d.—the total value outstanding is 2,068l. 9s. 3d., which has not yet produced anything, and the committee have decided not to take them out of the hands of the pawnbrokers—the total value of assets received is under 300l., and the stock which I have in hand—the deficiency according to the statement is 5,500l., presuming the surplus realises the sum put down here, but assuming this statement to be correct it would be about 8,300l.—they were unquestionably insolvent in October, four months previous to their bankruptcy, and as a matter of book keeping, including stock, having looked through the books I am able to state that the amount of goods they have obtained during those four months is 4,602l. 7s. 9d., and nothing has been paid in respect of that—I asked Touzon before 21st March where those goods came from, showing him this marked list (produced); it shows some of the creditors from whom the goods were obtained, but some we cannot trace—he said "We pawned the goods in order to pay our bills"—these deposit notes were handed to me by Messrs. Lewis and Lewis—I showed them to Touzon, who gave me information from them—Silveyra was in custody—Mr. Dobree's are 780l.; Mr. R. Starling's, 186l.; Mr. R. C. Vaughan's, 1,100l.; Mr. Robert Attenborough's, 1,582l.; Mr. Attenborough's, of Greek Street, 140l.; and Mr. T. A. Robinson's, 829l.—the annual interest on deposit notes is 15 per cent.; the interest on 5,400l. would be about 750l. a year.
Cross-examined by MR. BESLEY. I have had experience of diamonds and jewellery, but do not know that I can tell their value—I occupy myself with accounts—when I went in as receiver, a ledger, journal, cash book, bill book, and bankers' pass book were produced to me—they are all regular books, and were kept by a book-keeper, but not well kept—the particular transactions are not entered in any of them—I say that an account ought to have been
opened in the ledger with the different pawnbrokers—I had the deposit notes handed over—I have no proof of any single article pawned of which I have not had information given me—I should not like to swear that all the money raised by loans was not used for the business—I will tell you what I can trace and what I cannot trace by the pass-book—I can fix upon transactions which do not correspond with the money raised—manufactured articles are sold at a larger profit than diamonds—this business began in July, 1874, but it was not at Frith Street all the time, it was partly at 17, Great Titchfield Street, that was the duration of the existence of the firm; as to Silveyra's business before he joined Touzon I have no record—I have known persons start this kind of business with no capital—I find nothing pawned in the first year; in 1875 the payments to pawnbrokers were 283l. 6s., in 1876 694l. 1s. 6d., of which 52l. was paid back; in 1877 1,430l. 19s. 6d. and 200l. 15s. paid back: in 1878, down to the failure 6,019l. 2s. and 649l. paid back—Touzon was unable to say every time what the money was paid back for, but where it is stated on the counterparts of the cheques that they were paid for interest we have kept them apart—there were only five pawn-brokers' names in the list instead of seven, because the three Mr. Atten-boroughs are put down as one—the 2,441l. to Mr. Attenborough, of Charlotte Street, Fitzroy Square, includes the three—I believe it is the same gentleman carrying on business in three different places—with regard to the bill-book, I verified the acceptances that have been paid in the usual way—I believe Darby brothers 634l. 8s. was the first transaction, that was in December; the next is Keller cousins; they have not had many transactions with them—I am not aware of others—I have had the 34l. 15s. 1d. in cash, but the furniture has not been sold yet—the private furniture, 123l. 12s. 9d., only realised 25l., as the landlord of the private house distrained, and it was valued to him for the rent—the only rent down here is in respect of the manufactory, 32l. 10s.—I have collected about 150l. of debt, and there is more to come in—the lease is sold—I have not touched the goods at the pawnbrokers'.
Cross-examined by MR. JONES. I have had every facility given me through Touzon for investigating the affairs—he did not keep the books; he gave me information upon every point upon which I required it, but he did not know whether some of the cheques were for interest or for taking goods out of pawn—I do not say that he had as much information regarding financial matters as Silveyra, but he knew of them—the majority of the securities have not yet been realised, but the different merchants who supplied goods have seen them since in the pawnbrokers' hands—I do not propose to go any further into realising the goods pawned, the assets still to get in are the stock in trade, which I am going to realise, and some of the book debts—there are very few debts outstanding—the major portion of the assets as shown by the prisoners I do not intend to realise, as there is no interest to the estate in doing so—I tabulated the statement of affairs from information given me by Touzon, who went occasionally to Silveyra in prison for information which he was not able to give me himself—I find by the books that the names of creditors to the firm are limited in number, and that very large payments have been made to some of them during the five years they have been in business—I have referred to the pass-book but not to the bill-book—I find that the prisoners commenced business with a capital of only 78l.—I paid Touzon during my receivership while he was giving me the
information until my appointment as trustee, and there it ended—Touzon was given in custody upon my affidavit of what I found on investigating the affairs after my appointment as trustee, in which he gave me every information.
Re-examined. I was employed to investigate the books and the state of their affairs, and when I found anything I did not understand I went to Touzon for information—I made my report and an affidavit—from the transactions which are entered in the books a person would not be able to discover that they raised 5,000l. by pawnbroking, and were paying 750l. a year interest—I got the duplicates from Messrs. Lewis and Lewis, who were acting for the creditors—it is considered that there would be no surplus after paying the pawnbrokers' charges, therefore it would not justify us in taking the goods out—the amount of pawnings during the last four months before they went into liquidation is about 3,000l.—half of the whole amount is within the last four months preceding their bankruptcy—if they had not met these bills their credit would have stopped—we hold a bill which the bankers have, and which will not be met till August—the cash is only 34l. Francis Millard. I am a diamond merchant, of 8, Conduit Street, Regent Street—I have known the defendants for the last three years, and have done business with them—on 23rd January this year I had outstanding bills of theirs for 428l. for diamonds purchased of me—I called on them on the afternoon of 22nd January and asked how trade was—Silveyra said very good; I sold some diamonds last week, and if you come to-morrow morning I shall have some more goods"—I said "What time will it be convenient for you to look at them?"—he said "10 o'clock in the morning"—I went there on the 23rd and took some diamonds, but finding that they owed me about 420l. I said "I have been looking at your account; can you pay your acceptances when they fall due I because if you cannot I shall not sell you any more diamonds"—he said" Certainly we can"—I said "You are quite sure of that?"—he said "Yes; what makes you ask such a question?"—I said "I don't care to run any risk in making a bad debt; if you say you can, I will show you some more," and I took a box from my pocket and sold him some more for 154l., for which he gave me a bill, but I have received nothing on it, and never shall; there is not a farthing in the world for me—I next saw my goods in the police-court, produced by Mr. Vaughan as pawned on 24th January, the day after, at least a parcel of the same size, but being unmounted it is difficult to identify them, as Silveyra had his settings in silver, and he put every stone into the silver settings, and these are the same sized stones in the parcel pawned at Mr. Vaughan's, and the same quality exactly as those I sold on the 23rd—I should not have let him have them except for the statement he made—I have been selling diamonds for 34 years, and that is the first time I ever heard of diamonds bought one day being sold the next.
Cross-examined by MR. BESLEY. In January, 1878, I sold a parcel of stones which I bought for sapphires—when I found that they were not sapphires I took them back at the same price, and lost 800l. by them—they were not stained crystal, but a new composition—I took one of them to the Geological Society, in Jermyn Street, and asked them to melt it—only one of them had been mounted; that was in a ring which I paid 3l. for that they might lose nothing—they did not compel me to take them back—I have not got my bill-book here, but I dare say it is correct that on 11th
January, 1879, I had a bill of 31l. 12s. 6d. falling due—I have got it in the pass-book—nobody was present at the conversation but Silveyra and myself—I do not know that what I am asserting to be my diamonds are diamonds pledged by Blagg and Martin—this is the first time I have heard of it—they are exactly the same quality as those I sold on the 23rd, and those were pledged on the 24th—I have not said a word about the weight; there are more in this parcel than I sold; they had some more in stock, and they put them all together—I cannot swear that they are not the property of Blagg and Martin.
Cross-examined by MR. JONES. My transaction with the defendants during three years amount to 2,600l., of which 582l. remains due to me—I have received about 2,000l. in cash from them—I did not pay 2l. a carat for the pretended sapphires and sell them at 7l.—I knew both the defendants when they were at Clapham, employed by a firm as. journeymen at weekly wages; they got about 7l. a week or 1l. a day—I knew nothing about them starting in business for themselves.
Re-examined. It was in consequence of the diamonds being purchased on the 23rd and pledged on the 24th that I applied for a warrant against Silveyra—the exact amount I sold on the 23rd was 22 carats, and the amount shown to me afterwards was 30 carats.
WILLIAM ALEXANDER JARDINE HICKS . I am a diamond merchant in partnership with Leopold Keller, in Hatton Garden—we are creditors of the defendants to the amount of 3,788l., about 1,800l. of which was incurred during the four-months preceding February 26—it is not in my experience in the ordinary course of trade to sell diamonds purchased for the purpose of manufacture—I would not have sold goods if I knew such an idea prevailed—a parcel of diamonds was pledged for 170l. with Mr. Dobree on 8th February which I believe to have been sold by me on the 4th for 450l.—I have not been paid for them—there are five diamonds invoiced on 22nd February on approbation, pawned on 15th February with Mr. Vaughan; I do not know for what amount—he elected to keep them after he had pledged them—they wore sold for the purpose of being mounted—we also sold a parcel of 25 carats on 1st November for 360l., of which we believe those pledged with Mr. Attenborough on 13th November to be a portion.
Cross-examined by MR. BESLEY. We have had dealings with the defendants since 1875—high firms in the jewellery trade do not to my knowledge pledge temporarily—on 30th November we sold them goods amounting to 119l. 13s., but there were none between 18th October and 1st November—there was a bill of 330l. on 9th January, for which we found the money, knowing that it had to be met, and here is the cheque—we never got the money—part of our account is money advanced to take up our own bills—the defendants never paid in cash—we had no acceptance paid in January—the last payment to us according to this was on 30th October—Louis Keller and Leopold Keller are brothers—goods on approbation are paid for at the end of 14 days, but we generally write by courtesy and ask if we may charge—the February parcel went out in January—I did not see Silveyra on the subject, the book-keeper came down.
Cross-examined by MR. JONES. We have had transactions with them amounting to about 7,000l., and payments to about 3,400l.—they commenced
business before us, but I believe we were the first people who gave them credit—I cannot say that they have conducted business ever since without capital, but I believe not much—I always understood that Touzon attended to the workshop—I never received any order from him personally—they have both bought of our firm, but there are four of us.
Re-examined. I have seen Touzon at our place of business—he did not come to buy a hat—we have had 3,0007. odd paid by bills which have been met—if they had not been we should not have gone on—3,788l. is now due.
EDWARD AUGUSTUS KELLER . I am a diamond merchant, of 17, Conduit Street—at the time of the petition for liquidation the defendants owed me 509l., of which 2287. was supplied on 14th February this year, and they filed their petition on 26th February—I have not seen them in the pawn-brokers' hands—it is not the course of business to systematically pledge goods purchased—I should not have supplied my goods if I had known that there was such a practice in their house.
Cross-examined by MR. BESLEY. I am the son of Leopold Keller—I did not know till after I had sold my goods that my father was supplying money to take up bills—Louis Keller is my uncle—I did not know of his giving the defendants 299l. 9s. 8d. on 16th February—it is not common for an honest tradesman having acceptances to meet to pledge his stock for the purpose—I call them all dishonest who do that—the total amount supplied was 509l., and on 22nd January he owed 280l. only: the other was sold on 14th February.
Cross-examined by MR. JONES. I have had two transactions with the defendants to the value of 509l., and have been paid nothing in respect to either of them—they only commenced in July last.
FREDERICK EDWARD KELLER . I am a diamond merchant of Albert House, Holborn Viaduct—at the time of their liquidation the defendants owed me 1,978l., about 1,300l. of that had been supplied to them during the four months preceding 26th February—I have seen a portion of it in the hands of Mr. Attenborough—the weight of them was not exactly the same, but I think the goods were the same—the value of them was 280l. 10s.—they are pledged for 110l.—I sold them on October 19th.
Cross-examined by MR. BESLEY. I represent the firm of Louis Keller-looking at this bill book I am not prepared to say whether we have an acceptance of 200l. on 13th October—it is "Mr. Keller only," here; nor can I tell you whether we had 200l. on 4th November—I have no memoranda for last year—there are so many renewals that I cannot tell you; it says here either that we found the money or a bill was paid for 200l. on 4th October. (The witness was directed to fetch his book.)
WILLIAM JAMES WILLETT . I am a diamond merchant of Golden Square—at the time of their liquidation the defendants owed me 638l. 5s. for goods sold on September 3rd—I believe I saw my goods at Marlborough Street in the possession of Mr. Leopold Keller, but I believe they were produced by one of the Mr. Attenborough's.
Cross-examined by MR. BESLEY. I was paid 40l. on 8th January, and subsequently 30l.—the goods I saw in Mr. Attenborough's hands were some rose diamonds which I supplied in July, and on 4th July I received 40l. on a bill at six months which fell due on 4th January, and I gave Silveyra a cheque for 70l. to take it up to keep it going, and afterwards, on 8th
January, he gave me 40l.; and on 3rd February, 15l.; and on 21st January, 15l.—the bill would have been dishonoured but for my finding the money.
Cross-examined by MR. A. JONES. I did not know at that time that my goods were in pledge.
HENRY ROBERT ELLIS . I am manager to Mr. Dobree, of Charlotte Street, Fitzroy Square—I did not know either of the prisoners myself, but on 12th October I received 36 carats of brilliants from Adrian Broquet for 150l.; they were pledged in July, the interest is 15 per cent.; when we take interest we make a fresh deposit note; we start afresh—I had a deposit note on 21st October, but the pledgings were in June, it was merely interest paid and the debt left; if the interest had not been paid we should have sold the brilliants—on 21st October there was another pledging for 100l., that has been renewed; there was also another renewing in October for 29 carats which were pledged in June; and another on 1st December pledged in June; also a pledging on 3rd December, 1878, for 100l., that was a new transaction; and another new transaction on 8th February, 1879, they were 42 1/16 carats for 170l.
Cross-examined by MR. BESLEY. I have been a long time in the trade—I have had many such transactions—it is a very usual practice of jewellers, for temporary accommodation—the pledgings before December run into May, June, and July—the interest was paid, so that the right to get out the articles was left—some of these goods were taken out, and on the same occasion others were put in—it is an ordinary thing to bring other goods, and to redeem previous lots as they have occasion, so that they have our capital to work with at 15 per cent.—trade has been very bad for two or three years—my experience is that pledges are less in bad times than good times—I account for that by there not being such a demand for goods—at the present time diamonds are very low—they advanced about 41. on them, and they would fetch 6l. a carat; that means 25 per cent. margin.
Re-examined. It is usual to pledge goods for temporary accommodation—I should not think much of it if you pledged your pencil case to pay your cab, but it would depend how often it was done—it has often occurred to me that a man brings 150l. worth of diamonds and pledges them, but not for a temporary advance—if he wants money he comes to me to get it, but we will not have it unless we get good security—every tradesman is liable to sudden pressure—it would not be carrying it to an extreme extent to supply tradesmen with capital to carry on their business—it would be highly improbable that they would do so at 15 per cent.—a sudden pressure is one thing, prolonged want of capital is different, but we do not set up to supply tradesmen with funds.
CHARLES BEAUMONT VAUGHAN . I am a pawnbroker, of 39, Strand—on 13th February Silveyra pledged with me 20 carats of brilliants for 100l., and on 13th September 30 carats for 100l., on 30th September 30 carats more, and on 4th November 48 loose brilliants and some earrings for 200l.—I consider this (Looking at a deposit note) to be quite a new transaction, the first we settled by the payment of interest, And the second pledgings were begun—on 16th January, 1879, he pledged 40 carats for 170l., and on 24th January a brooch and earrings and 30 carats of diamonds for 220l.—on 30th February some necklets, three rings, a brooch, and five loose brilliants, for 200l.—I gave the money to Silveyra—he brought the goods personally.
Cross-examined by MR. BESLEY. I have known him from the first pledging—on 24th January there were new articles waiting for a customer, manufactured articles, and on 13th February manufactured articles also—I do not think Silveyra brought some articles to pledge for the purpose of redeeming other articles—Blogg and Martin asked to see the goods claimed by Mr. Miller, and I refused—they said that they sold Silveyra a parcel of the same weight—it is not at all unreasonable to raise money on precious stones not manufactured into jewellery; it enables tradesmen to carry on their business—persons of the highest reputation in London do so—these pledgings were not pledged up to the value of the goods—he was in each case supplied with the exact amount he asked for—the margin we take differs sometimes; it may be 25 per cent., and here are some he was charged 7 per cent for where we lent 4l.—there has been a fall in the value of diamonds lately, and a diminution in the number of people buying them—during the last 18 months there have not been so many people able to buy diamonds as there used to be.
Re-examined. I know that jewellers do pledge constantly—I represent that it is usual for manufacturing jewellers to pledge with us to take up bills to carry on their business—I do not know whether that depends on the state of their account, I only know the facts or part of them—when I said 71. a carat for which we should give 4l., I qualify that by "perhaps"—I still hold the goods in every one of these transactions—no one can get them without paying off the percentage.
ARTHUR WILSON . I am manager to Mr. Attenborough, of Greek Street, Soho—on November 30th Silveyra pledged some brilliants and other property with me for 40l.—the deposit-note was made out to Touzon and Silveyra—Touzon was not with him—on February 6th I advanced 1001 to Silveyra on some brooches in the name of. Touzon and Silveyra—Touzon was not present.
(Cross-examined by MR. BESLEY. Silveyra has been in the habit of pawning there for perhaps two years—he has redeemed several parcels—there has been no forfeiture during the last four months—the articles on November 30th were one ring and 10 carats of brilliants—he has occasionally pledged brilliants unset—manufacturing jewellers continually pledge their stock in order to carry on their business; very respectable houses—I simply advanced Silveyra the money that he asked—there was perhaps rather less than 25 per cent. margin—he told me he was pledging for the purpose of meeting bills falling due.
Cross-examined by MR. JONES. I have never seen Touzon. Re-examined. There is no power of forfeiture, only a power of safe—it I had sold, and there was a balance, it would have been handed over to him—I did not know that he was depositing with six or seven other pawn-brokers at the same time, but if I had I should have accepted the goods, considering it a temporary pressure in the ordinary course of business—I asked him whether the goods were his own property, but not each time—he showed me his pass-book on several occasions, which gave me confidence in him to advance the money—I should not have advanced it, whether they had been obtained on credit or not if they were equal to the amount asked.
for 50l., and another of brilliants for 70l., and on November 7th, 1878, there was an original pledging by Broquet—the statement is, "Deposit, A. Broquet"—on November 13th, 1878, Silveyra deposited 200l. worth of brilliants—Touzon was not present, and on November 14th there was a renewal of goods pledged by Silveyra in 1877—the same transaction had been going on at interest of 15 per cent.—on November 16th there was a renewal of 69l. on brilliants, and another of 50l., and on the next day of 60l.—on November 14th Broquet pledged 15 carats of brilliants for 140l., and some more 16 days afterwards for 200l., and on February 28th 25 carats for 100l.—on November 29th a renewal of 100l. for earrings; December, 1879, an original pawning by Broquet for 80l.—on January 9th 40l. on brilliants; on January 11th 75l., and January 23rd 100l., all by Broquet, and all original pawnings.
Cross-examined by MR. BESLEY. The majority of pledgings are brilliants—the total amount of loan on the old pledgings is about 1500l., of which about 1,000l. was before October 21st, 1878—1000l. in November is for renewals, and the remaining 500l. is for brilliants, but there are manufactured goods among them, bracelets and rings—I allow 15 to 20 per cent, margin in the value of the brilliants to cover my risk—there has been a great fall in brilliants during the Last 18 months—I have been in business 25 years-manufacturing jewellers do pledge their stock constantly to carry on business—I knew that Touzon and Silveyra were manufacturing jewellers.
Cross-examined by MR. JONES. Touzon was never at my place. Re-examined. If I knew that a man was 4,000l. in debt and had got 200l. worth of goods on credit, I should say that it was not in the usual way of business to take those goods to a pawnbroker and raise money on them.
ADRIAN BROQUET . I am a dealer in watches at 5, Torrington Square—I have pledged a great number of brilliants for the defendants within the last four months and before—I pledged for them the goods spoken of by Mr. Reynolds—Silveyra brought them to me, but I have sometimes given the proceeds to Touzon, and had conversations with him about them—he knew how the money had been got—I have had conversations with both defendants about pledging goods before they were pledged, and they always said that it was for business only, and that their profits were so good that they would pull through—sometimes one and sometimes the other gave me that reason for pledging goods, and sometimes they have been together—on 8th February last I got 170l. for 42 carats of plain diamonds, and gave the money to Touzon—I had these conversations with Touzon six months ago.
Cross-examined by MR. BESLEY. I know nothing about the bookkeeping—I had nothing to do with paying the money into the bank.
Cross-examined by MR. JONES. I received the instructions to pawn invariably from Silveyra, and not from Touzon—he was chiefly employed in the workshop—I have known the defendants many years; I knew them when they were at Clapham—I was a helper in their commencing business. Re-examined. I assisted them to start—they sometimes came to me and sometimes I was taking diamonds to offer them—I live nearly ten minutes' walk from them—my services were only a matter of friendship; I never got a shilling commission—sometimes Silveyra came to my place and sometimes Touzon, and sometimes Silveyra sent a boy to my place, or I was taking goods to their office.
Cross-examined by MR. BESLEY. Silveyra was at 13, Frith Street, sitting in the room with the receiver; that was on the charge Mr. Miller set on foot about the diamonds, the only charge then.
FREDERICK KELLER . (Re-examined by MR. BESLEY). On October 3rd they had a cheque for 200l. to meet a bill; on October 22nd a cheque for 200l. to meet a bill coming due on the 23rd; on January 11th a cheque of 406l. to meet a bill of 406l. 17s.; and on January 14th a cheque of 100l. to meet a payment of 100l. on January 15th—they paid 100l. on October 13th, 200l. on November 4th, and also 75l.; on November 15th, 173l. 8s. 9d. and 207l. 8s. 9d.; on December 4th, 76l. 17s. 6d.; on December 13th, 181l. 4s.; on 24th January, 208l. 3s.—that is over 1,000l. in cash besides meeting the bills—I think those were the only cases when I applied money to meet bills—up to that time I do not think they had been in want of money to meet our bills—we commenced business with them in 1876.
By MR. BULWER. They have paid us 1,800l. or 2,000l., and they owe us 1,900l. GUILTY on the first 16 Counts only. — Six Months' Impisonment without hard labour.
THIRD COURT.—Wednesday, 28th May, 1879.
Before Mr. Common Serjeant.
MESSRS. GORE and RAVEN Prosecuted.
WILLIAM GEORGE REEVE . I am now a prisoner in Newgate—I pleaded guilty in January last to two charges of forging and uttering a cheque for 20l. 3s. 6d. on the Imperial Bank, and a cheque for 97l. 8s. 6d. on the City Bank—in 1877 I was office boy to Dudgeon and Co.—I left their service in June, 1878, and went to my uncle's, and was afterwards out of work—I am 16 years of age—I first met the prisoner on 19th November, 1878—I was standing in the street outside the Elephant and Castle public-house, Newington, when the prisoner spoke to me and said"I think I have seen your face before; where do you live and where do you work?"—I said "I have just left Nunhead and am out of work and have left home"—he said"If you like, me and you will work and live together; where are you lodging?"—I said "Nowhere"—he said"I can give you a lodging for the night," and then we went to No. 26, Parsonage Walk, Newington, where he and a woman named Hancock occupied a room together—I slept there that night—Mrs. Rand is the landlady—the next morning, the 20th, I went with the prisoner to the City, and we walked about and returned to Parsonage Walk in the evening, and we had a conversation which he began—he said"About the bank accounts; if we can write out an order for a cheque"—he asked me where Messrs. Dudgeon banked; I told him at first that they were my late employers, and he asked me where they kept their banking account,. and he said "If we can write an order for a cheque-book on the Imperial
Bank, and can get the cheques, we can get the money; can you sign Mr. Dudgeon's name to the cheque?"—I said"Yes"—I slept that night in the prisoner's room; the woman Hancock was there then, and on the previous night—I went out the next day with the prisoner to a coffee-shop in Camberwell Road or Kennington Lane, and he there said"We'll write out the order for the cheque-book to-day"—we returned to Parsonage Walk, where I wrote out an order in his presence on the Imperial Bank for a cheque-book of 100 cheques—he produced the paper and pen and ink—we then went to the Imperial Bank, Lothbury, and at the corner of Prince's Street he said "If you get one of the paying-in slips out of the bank it will take them off their guard, "and I went in and got the paying-in slip, and when I came out the prisoner was at the corner of Prince's Street, opposite the bank—I returned with him to Parsonage"Walk and wrote there in his presence this order. (Written on the back of a paying in slip of the Imperial Bank: "Thursday, 21st, 1878. Please send per bearer a cheque-book containing 100 cheques, and oblige yours truly, A. J. Dudgeon.") The prisoner saw me write it—I then destroyed the one I had previously written in his presence—I went to the bank with the prisoner and took the fresh order to one of the clerks, who gave me a cheque-book for 100 cheques—tho prisoner waited for me opposite the bank, at the corner of Prince's Street, and we went back, returning to Parsonage Walk about 11 o'clock—I then took out one of the cheques in the prisoner's presence and wrote the cheque produced. ("No. C. 144901. 6, Lothbury, London, Thursday, 21st November, 1878. The Imperial Bank, Limited Pay office or bearer 20l. 3s. 6d. A. J. Dudgeon.") The amount was suggested by the prisoner—I gave the cheque to the prisoner and returned with him to the Imperial Bank, and he waited outside as before while I went in—I presented it and got the money in gold—I gave the prisoner 10l. and kept the rest myself, and we went to the Crystal Palace together at my expense and stayed till evening, when I returned with him to Parsonage Walk, and slept there again—Hancock was there—this was the evening of the 21st, and I slept there till the 25th November—I went out during the day to places of amusement with the prisoner—on the 25th he said"Ain't your money nearly gone? mine is; I think we had better have some more"—my money was nearly gone—he asked me where Dudgeon and Co. kept the company's account—the Imperial Bank was the private account—I said "At the City Bank, Finch Lane"—he said"Will you write out another order?"—I said "Yes," and he gave me the paper and I wrote out in his presence this order for a cheque-book. ("10, London Street, 25th November, 1878. Sir,—Please supply per bearer one cheque-book containing 200 cheques, and oblige, J. W. Cooper, secretary, Dudgeon and Co., Limited.") At the bottom is Written "Received by G. W. Richardson"—I wrote that when I went to the bank, and invented the name myself at the bank—the order was written in the prisoner's room in his presence, and we then went together in a cab to the City Bank, Finch Lane, Cornhill—I had been with Dudgeon and Co. as office boy and knew they had an account there; I used to go there with letters—I do not know if their address was printed on their letter paper—we left the cab at the top of Finch Lane, and the prisoner waited at the top of Cornhill, about 100 yards distant, while I went to the bank—I gave the order to one of the clerks, who gave me the cheque-book, and I rejoined the prisoner and returned with him in a cab to his room in Parsonage Lane,
where I took out one of the cheques and wrote this in his presence, he suggesting the amount ("3 J. 69203. Threadneedle Street, corner of Finch Lane, London, 25/78. City Bank. Pay yard expenses or bearer 97l. 8s. 6d. J. W. Cooper, Dudgeon and Co., Limited.") I suggested yard expenses and he agreed to it—we then returned to the bank in a cab and he waited again at the same place while I went in and presented the cheque, which they cashed for me all in gold, and I rejoined the prisoner and gave him 10l.—this was November 25th—the prisoner then proposed we should buy a pony and trap, and said he knew of one for sale in Bethnal Green Road—I agreed, and we went there together to Mr. Silverton's—the prisoner waited opposite in a public-house, and I bought the pony and dog-cart and paid 33l. 10s. for it—I took it to the public-house and the prisoner got into the trap and we drove to the Elephant and Castle, where we picked up Hancock and another woman who I had seen before with her—we took them in the trap to the Crystal Palace, and stayed there till evening; I paid all the expenses—I carried the money in my pocket—on returning in the evening we agreed to put the pony and trap up at the Artichoke public-house in the Borough Road, and the prisoner drove there with me and spoke to the ostler, and we left it there and went into the public-house, and remained there talking and drinking from between 8 and 9 till about 12 o'clock that night—we paid in turns for the drink—on leaving we returned to Parsonage"Walk and took two small bottles of whisky we had bought at the Artichoke—we found Hancock at Parsonage Walk, and we bad supper in the prisoner's room and finished the whisky, and I became intoxicated—I slept there, and got up about 8 in the morning, and found there was no one there—I fetched the pony and trap from the Artichoke, and left it outside with a boy, and I went back to bed and slept till 1 o'clock, when the landlady woke me up and said something to me, and I found that I had lost 50l. from my pocket, nearly all the money I had, and the prisoner and Hancock had gone—they had said nothing to me about going—the two women were with us all the time at the Crystal Palace the day before, and on returning we left them at the corner of the Elephant and Castle at 8 o'clock—I saw Hancock again when we got back to Parsonage Walk—I did not see the other woman again that night—on coming down at 1 o'clock I found the pony and trap still outside the door, and I took a drive, and then took it back to the Artichoke—when I got up first at 8 o'clock I left the money in the room in my trousers pocket—the trousers were wet—I did not look for it till 1 o'clock—I was arrested some days after—I found these three books (produced) in the prisoner's room, and believe they are his—I put them at the back of the pony and trap on the 26th, so that if I should be arrested it would lead to the prisoner being taken—I had no authority from Dudgeon or Dudgeon and Co. to sign their name to the cheques.
Cross-examined by the Prisoner. You were out of employment when I first saw you—I did not meet Miss Hancock in town the evening before I brought the pony and trap to Parsonage Walk—I purchased her a hat and gloves on the night of the 24th, I think—I had not the trap then, so I did not promise to bring it to take you to the Crystal Palace next morning—the trap was purchased on the 25th—I was never at Parsonage Walk with the trap any morning at 9.30 while you lived there, only on the morning of the 25th, and when I came from the Crystal Palace in the evening I left Miss Hancock and the other girl at the Elephant and Castle—I did not leave you
there; we both went together in the trap—I had my supper in your room about half-past 12 or 1 o'clock, and only you and Hancock were there—we went to the Crystal Palace in the morning before dinner on the 25th—I had bought the pony and trap in the morning—you were never there after the 25th—I did not tell the landlady that I had lost 30l. on the 28th November—I was not there on the 28th; it was on the 26th I lost 50l.—she cannot give the date—I put up the pony and trap at the Artichoke on the evening of the 25th, when we returned form the Crystal Palace—only you and Hancock lived in the room.
Re-examined. I bought the ponny and trap, I think, on the 25th November, the same morning I cashed the cheque for 97l. 8s. 6d. at the City Bank—it was the next morning, the 26th, I was at parsonage Walk with the pony and trap. When I found that the prisoner had disappeared with the 50l.,—it was Saturday night, I think, the 24th or 23rd, when I bought Hancock a bonnet.
By the JURY. I met the prisoner on 19th November at the Elephant and Castle—he said he was a commercial traveller—I have wrote an order for the cheque-book for Dudgeon and Co. before—I have been sent by them to the back for the pass-book—I have never had to write a signature for the firm on any occasion—I believe the Artichoke is in the Borough Road.
MARY RAND . I am a widow at 26, Parsonage Walk, Newington Butts—my husband was alive in November last—the prisoner and a woman named Hancock lodge with me, and occupied one room in November last for three weeks—they came together as Mr. and Mrs. Waterfield, and passed as man and wife, and I did not know at first that the woman's name was Hancock—the witness Reeve came there, and I have seen him coming in and going out with the prisoner several times—they came home one morning in a cab, and I have seen them out in a pony and trap together—I recollect going into the prisoner's room and waking Reeve one morning at 1 o'clock when the trap was outside—he looked stupefied—I had a conversation with him—Waterfield and the woman had gone—she had left her boxes, and I have them now—the room was in confusion, and the lamp was burning—I have had an application for them—she is in the neighbourhood—she smashed my looking-glass, and they left without notice, and were a week's rent in debt—my husband saw them there the night before they disappeared, and asked for the rent—the prisoner never returned or made any communication to me.
Cross-examined. I do not know if another woman lived there with Hancock; there were people up and down—I saw some woman there—my husband has spoken to Hancock about her being there, and said he would not have it—I cannot remember how often I have seen you and Reeve together, or whether you were there on the morning of the 27th November—I said at the Guildhall"The woman went away on the Thursday morning; about 1 o'clock of the afternoon I went up into the room and found Reeve asleep in bed"—it was Thursday—I think there was some paper and ink there, but I left the room till my husband came home—you had no ink or paper from me—I cannot say if any writing materials were there—Hancock wrote to me from Birmingham, and asked me to put all the things together and she would forward me the 8s. 6d.—the address she gave me had not Waterfield upon it—I sent it to the police-court, and have not seen it since.
Re-examined. This is the letter and address and the envelope. (Letter addressed to"The lady of the house, 28, Parsonage Walk, Newington Butts, London. Madam,—You will no doubt think it strange me leaving you in such a hurry. If you will keep the box and all the things I will send for them in a few weeks' time. I left you in debt 7s., one week's rent, and broke a glass, which I value at 12s. 6d., which amounts to 19s. 6d. Put all the things together, and tell me if they are all right You oblige yours sincerely, Nelly Norman. Write and I shall know what to do." Address enclosed:"R. Norman, No. 1, back of 81, Edward Street, Parade, Birmingham.") I had no rent-book and kept no memorandum.
WILLIAM SILVERTON . I am a carman and contractor, at 28, Old Castle Street, Bethnal Green—in November last I had a pony and trap advertised for sale, and the witness Reeve gave me 33l. 5s. for it and took it away with him—I next saw it near the London Road in custody of the police.
Cross-examined. After Reeve bought the trap I was over at the public-house, and he came there to me, but I did not see you.
Re-examined. I was in the side bar—I have never seen the prisoner until at the Guildhall.
By the JURY. It did not strike me as wrong to sell the pony and trap to Reeve or I should not have done so; he was smartly dressed, and looked different then—my son, a boy 14, sold him the cart and gave me the money.
ALFRED SMITH . I am foreman to Mr. Tilly, livery-stable keeper, Artichoke Mews; it is close to the Artichoke public-house, Newington Causeway, about 200 yards from Borough Road—some time in November last a man came to our yard and went away and came again with Reeve—the other man was taller and older, but I could not identify him, as it was dark, and I could not see his face—he brought a pony and cart and arranged that I should keep it there—this was the 27th—he took it there that night, and it remained till the following Monday—I do not remember the date when he brought the pony.
Cross-examined. Reeve was there on the 27th, but not on 25th or 26th—I never saw you there with Reeve—I can swear to Reeve.
By the JURY. I should say 33l. was a fair price for the pony and trap—I saw Reeve with some man, but I could not say it was the prisoner—I know the date, the 27th, by my book.
CHARLES CLARK . I am a glass manufacturer, at 42, Warwick Street, Blackfriars Road—I recollect finding a pony and trap in my yard on the 3rd December when I got up in the morning, since which time it has been in the custody of Police Sergeant Smith—I recollect forcing open the boot and finding the books produced.
WILLIAM SMITH (City Detective Sergeant). I had Beevs in custody on 20th December, and he volunteered a statement which lei to my going to. 26, Parsonage Walk and making inquiries about the prisoner, whom I afterwards traced to Leicester and Birmingham—on 12th February I received a warrant for his arrest, and was at Birmingham on 12th April at the Moor Street Police Station, and saw the prisoner, who had just been acquitted on a charge of felony before the Recorder at the Birmingham Sessions—I said "I am a police officer, and I have a warrant for your arrest"—I read the warrant to him; the prisoner pointed to the body of the warrant relating to the forging and uttering of the two cheques in question, and I
read it again—no one else was mentioned in the warrant—he said "I shall get over that as I have over this"—I said "You know who you are charged with?" he said "Oh, yes; I know all about it; I have heard of it and seen the newspapers"—I was in Court when Reeve pleaded guilty at this Court—no reference to Waterfield was made then, but it was mentioned by Reeve on the committal—I brought the prisoner to London, and charged him at Bishopsgate Street Station on the warrant, and he made no answer—I searched him and found upon him 12s. 3d.—I afterwards went and found the pony and cart at Mr. Hill's and the boot was forced open in my presence and by my orders, and these books found containing references to the prisoner—I heard Reeve give his evidence in the Justice Room on 30th April last—he said "We went together and two women to the Crystal Palace on the 25th November"—Waterfield corrected him and said "No, it was the 27th.
Cross-examined. You had been employed at Birmingham as superintendent of the Branch Workhouse—I was at Birmingham on 14th February, and the warrant was handed to the Magistrate to be "backed" or signed in case of your acquittal—the man charged with you was admitted to bail—I believe your home is in Birmingham.
GEORGE KIRBY . I am cashier at the Imperial Bank, Lothbury—Dudgeon and Co. have a private account there—this order, dated 21st November, for 100 cheques was presented at the bank, and the cheques given were numbered 144901 to 145301, and this cheque marked D for 23l. 6s. 6d. was presented the same day and paid in gold—it is the first out of the cheque-book.
ALEXANDER JOHN DUDGEON . I am a director of Dudgeon and Co., Limited, London Street, and keep a private account at the Imperial Bank, and the firm keep an account with the City Bank—the order for cheques on the Imperial Bank and the cheque for 23l. 6s. 6d. are not written by me or by my authority—Reeve was employed by us as office-boy, and used to go to the bank to change cheques—I had drawn a cheque about three weeks before 21st November—my cheque-books are generally payable to bearer.
WILLIAM ERNEST PERDUE . I am cashier at the City Bank, Threadneedle Street—this order for a book of 200 cheques was presented by Reeve, and I gave him a cheque-book numbered E. J. 69201 to 69400—on the same day this cheque for 971. 8s. 6d. was presented by Reeve, and I paid him in gold—it is the second cheque in the book, E. J. 69202.
The following Witnesses were called for the Defence.
HARRIET HANCOCK . I lived at 26, Parsonage Walk in November last—Elizabeth Ann Johnson was staying with me from the 17th to the 27th—a young man named William Cooper was in the habit of visiting you—I knew Reeve two days before wo left London; he purchased the things for me and Johnson when I left the lodgings the night before I left London—we left London on Wednesday, the 26th or 27th—he also gave me two sovereigns; I do not know what he gave Johnson—he was at Parsonage Walk twice—he came one evening, and came the next morning to take us to the Crystal Palace—I have never seen him writing there—you were emPloyd
up to the 20th November as traveller for Ferwig's, Union Street, Borough, and I told Mrs. Band that when I took the rooms—Reeve has never slept in my room at night; I had a room to myself—he never stayed there all night—he had supper in our house about 7.30 or 8 when we returned from the Crystal Palace—Elizabeth Johnson was there—about 10 or 10.30 he asked to go into our room and lie down—he did not stay half an hour; I went a walk, and never saw him again.
Cross-examined. I was living at Parsonage Walk with the prisoner—Reeve asked me to go to the Crystal Palace—we did not have more than one room—I slept in the room with the prisoner—Reeve never slept in that room—I went with the prisoner to Leicester after leaving Parsonage Walk—he was out of employment from 20th November—we were rather in difficulties, but I should have paid Mrs. Rand if she had behaved herself properly to me—I told her that night I was going—we lived at his aunt's at Leicester—I do not think he had any money but what I had myself—we then went to Birmingham, and stayed at his father's.
By the COURT. I went by the name of Miss Norman at Parsonage Walk, and took the room in that name, and not as Mr. and Mrs. Waterfield—I told Mrs. Rand that Waterfield was a friend of mine who called to see me—Cooper used to come and have tea there.
ELIZABETH JOHNSON . I lived in the room with Miss Hancock from 17th to the 27th November—no one else called there to see you—I did not see a young man there till the week you left London, and he spoke to me and Hancock—I was in town with Hancock, and we met Reeve and went to the Rockingham on the evening of 26th November, and he bought me a new pair of boots, a black necktie and a gauze fall, and black kid gloves, and asked us to go to the Crystal Palace with him the next day, and he brought the trap about 10.30 or 11 o'clock in the morning—the first time I saw him in the room was when he asked us to go home to supper after we came from the Crystal Palace—I used to go and see Miss Hancock and stay with her till night, and I never saw Reeve there until the night we had supper—I have seen him several times near the Elephant and Castle since you left London, and he asked me one night if I would take him home, as he had nowhere to go, and I gave him a shilling, but I was never out driving with him since you left—you were in employment, and used to be away from 9.30 a.m. to between 5 and 6 p.m.—I have never seen you come in a cab.
Cross-examined. I lived there about four days, and slept two nights in the same room with Hancock and the prisoner, but not in the same bed—I cannot say what nights, but it was in the middle of the week.
The Prisoner handed in a written statement, asserting his innocence, and denying that he ever saw Reeve till the evening of November 26th, when he met him with Johnson and Hancock, that they told him that Reeve had bought them some new hats, boots, gloves, &c., and had given Hancock 2l., and was going to take them to the Crystal Palace in the morning in his trap, which he did, and had supper and drink with them, when they left him there and went to Birmingham with the 2l. which Reeve had given Hancock, and they had no other money.
GUILTY .— Seven Years' Penal Servitude.
MR. TAMPLIN Prosecuted; and MR. PURCELL Defended.
ISABELLA RAY . I am a single lady, residing at Claremont Villas, Finsbury Park—on the afternoon of the 20th inst. I went to Messrs. Barclay, Lombard Street, my bankers, and received a cheque for 52l., which was cashed, 20l. in notes and 32l. in gold—I put the notes in an envelope in the side pocket of my bag (produced), and the 32l. gold into my purse, which had in it 1l. 18s. 6d., making altogether 33l. 18s. 6d., and I put the purse in the bag on the top, and carried the bag in my left hand—my sister was at my right side, touching me—we had just left the bank to cross the street to avoid the crush near the Mansion House, when I found my bag open a few inches, and saw the prisoner standing within a foot or so of me, with my purse in his hand, I put out my hand to take it from him and said, "Oh, you have got my purse! Give it to me," and he then ran in the direction of the crowd, and I called out.
Cross-examined. The purse was just on the top—the bag was fastened, but not locked—I snapped it when I came outside the bank, and afterwards found it open, and at the same time saw the prisoner near me with the purse, and he ran away—I saw no policeman near—this was at the end of Lombard Street, near the Mansion House, at 3 p.m.—it was done instantly—I did not get to the Mansion House until late in the day, when I attended and signed the depositions.
Re-examined. The prisoner was looking towards me, and did not speak when I asked him for my purse—I ultimately received the money from the policeman—this is the purse (produced,).
JONATHAN POPE (City Policeman 622). I was on duty in Lombard Street on May 7th—the last witness spoke to me, and I then saw the prisoner running amongst the traffic towards the Mansion House, I ran after him to the front of the Mansion House, between the kerb and the 'busses, and he dodged about among the vehicles, and I came up to him on the foot-way near St. Mildred Court, just as another constable caught him—there was a crowd round him—the other constable held him by his right hand, and seeing the prisoner put his left hand behind him, I seized it, and he said, "What have I done"—I pulled up his left hand in front of him, and took the puree from his sleeve, and I left him in charge of the other constable—on examining the puree at the station, I found it contained 33l. 10s. in gold, 8s. 6d. in silver, and a farthing.
Cross-examined. The lady was standing near Mr. Webber's, the confectioner's, Lombard Street, when she spoke to me, and I was in the middle of the road directing the traffic, I saw a man running and followed him, and when the prisoner was stopped I found the puree in his sleeve.
THOMAS SMITH (City Policeman 632). I was on duty on 7th May, near the Mansion House, and saw the prisoner walking—he was just turning towards the Bank of England when I caught him by the right arm, and said "I require you for robbing a lady"—I saw him move his left hand in the direction of the crowd, and policeman Pope came up, and caught hold of his left hand, and I took him to the station—he gave a false address.
Cross-examined. The traffic was very thick.
The COMMON SERJEANT ruled that taking the money from the bag was not taking it from the person, and that it was therefore a case of simple larceny.
GUILTY of simple larceny. — Twelve Months' Imprisonment.
THIRD COURT.—Thursday, May 29th, 1879.
Before Mr. Recorder.
547. SAMUEL SARGEANT (33) PLEADED GUILTY to embezzling 10l. 9s., the moneys of Frederick Richardson and another, his masters. He received a good character.—Six Months' Imprisonment . (He was also indicted for forging an endorsement to an order for 10l. 9s., upon which no evidence woe offered.)
549. JOHN JONES** (34) to stealing a watch the goods of George Howells from his person, having been convicted of felony in February, 1872, at Clerkenwell.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
WILLIAM HENRY MARDON . I live at 169, Marylebone Road, and am an accountant—on Saturday, April 12 last, I returned home about 8.15 p.m.—there was no one in the house—I saw the prisoners at the door; seeing that I was going up the garden path they left the door, and walked down the path, met me, and would have passed me, but I stopped them, asking them what they wanted—Underwood said "I want Mr. Williams, a solicitor"—I told him that no person of that name lived there or near, but that Payne lived next door, and another solicitor two doors off whose name I forgot—he said "I know Mr. Payne, but I don't want him"—I said"I live here, and I don't want you"—they went out at the gate, and turned eastward—I had a particularly good view of their faces, because there is a street gas lamp immediately at the end of my garden—I placed my latch key in the door; it did not turn, and with a slight push the door opened—the beading of the door and the catch of the lock were wrenched off—there were marks on the wood as if made by a jimmy—I went to the police-station and gave a description—early in the morning of 22nd April I was called out of bed by a police inspector and taken to the station, where I identified the prisoners amongst eight or nine other persons.
Cross-examined by MR. COLE. April 12th was the Saturday between Good Friday and Easter Sunday—mine is a longish front garden—I did not put my hand on anybody before I identified the prisoners; about six police-men were present.
Cross-examined by MR. PURCELL. The household were out of town, and had been for two or three days.
Re-examined. The door was unlatched and the lock was broken away—the house was safe when I left it—a stone which had been used as a lever
was on the step—I fitted it to a dent on the door—when I identified the prisoners they were away from the police.
GEORGE KING (Inspector D). At about 9.30 on Saturday, 12th April, I went to 169, Marylebone Road, and Mr. Mardon pointed out to me his street-foor—the door-post, was broken all to pieces, and there were about 13 different marks of a jimmy—the beading was forced away and the lock broken off—at about a quarter to 1 a.m. on 23rd April I was present in the Marylebone station when Mr. Mardon pointed the prisoners out from about seven others.
Cross-examined by MR. COLE. The others were brought from the street—they were a cluster of people standing outside a public-house—I am an old officer, and have had considerable experience with reference to identifications at police stations—I have known such a thing as an innocent person Drought in from the street being identified.
Cross-examined by MR. PURCELL. The prosecutor picked out Stannard and then Underwood.
Re-examined. He said, "That is one," and looked again and said, "That is the other one."
CHARLES DODD (Inspector Y). At about 9.30 p.m. on 22nd April I went into the Grecian Theatre, City Road, with Sergeant Otway—I had previously known the prisoners, and found them there—I had received a description from the prosecutor—we took them to Somers Town station and then to Marylebone station in a cab—on the road Stannard said"What do you want me for, is it for that affair with Bob Phillips 1 If so, I don't think you will do much good with that, it is too far back"—I said"No, it is for breaking into a house in the parish of Marylebone in the present month"—he said "Busting is a flat game now, I follow a better job than that, I follow Fred Archer's mounts all theyear round"—busting means burglary or house-breaking—he then said"I have 14l. in my pocket, can you be squared? take 71. and let us out of the cab"—I made no reply—he then said to Otway, "Take 8l., won't that do, Otway?"—Otway replied"Not for 80l."—I found on Stannard 13l. 7s. 2d.—I had been looking for him.
JOHN OTWAY (Police Sergeant Y). I went with the prisoners and Dodd in the cab—Stannard said to me after speaking to Dodd about having 14l. in his pocket, "I have 8l., Otway, what do you say to that?"—I said "Not for 80l."—that was to get out of the cab.
WILLIAM HENRY MARDON (Re-examined). I said at the police-court that I saw the prisoners for about two minutes, and that they had dark clothes on and overcoats—when I saw Underwood at the station he had no over-coat on.
Witnesses for Stannard.
MARGARET BUCKLEY . I live at 11, Draper's Place, Euston Road, and am single—I know Stannard—we went to the Princess's Theatre and saw "It's Never Too Late to Mend," the night after Good Friday—we want in the gallery, and paid 6d.—he met me by appointment, at 7 o'clock, at the London Spa, Exmouth Street, Clerkenwell—the appointment was made at his mother's house the previous evening—we got to the theatre about 7.50—my sister Kate was with us, and Henry Underwood and his young woman—we left the theatre at about 10.30 or 10.40—we went into the Rising Sun, Euston Road, and had some ale.
Cross-examined. I was not called as a witness at the police-court—Stannard's
father was locked up for coming up as a witness, and I was frightened to go into Court—I have known Stannard since about a week before Christmas—I am in the habit of going out with him—he does not live with me—he lives at 30, Vineyard Street—he does not come to my place to sleep—I am his young woman—the night he took me to the theatre he had a pair of earrings in his ears, which he has worn since I have known him—I don't know whether Underwood is a companion of his—I had met him with his young woman before I saw him at the theatre.
Re-examined. I went to the police-court with the intention of speaking what I have spoken now—they locked old Stannard up for about half an hour at Marylebone Police-court—I think Dodd locked him up—he went to give evidence in favour of his son—he is now at work in the country I think.
KATE BUCKLEY . I live at 11, Draper's Place, with my sister—the Saturday night after Good Friday I went to the Princess's Theatre with Henry Underwood, Stannard and his young woman, and my sister—we saw "It's Never to Late to Mend"—we met Stannard at the London Spa, Exmouth Street, about 7 o'clock—we got to the theatre at about 7.50—we did not stop till the end of the play—we all left together about 10.30—I recollect the day because it was a wet Saturday, and I did not go to market—I had a holiday on Easter Monday—I sell things in the street—I was at work on Good Friday.
Cross-examined. My sister is Stannard's young woman, and I believe Copman is Underwood's young woman—I never saw Underwood before that night—I was at the police-court but was not called—Draper's Place is a good way from the Euston Road.
Witness for Underwood.
SARAH COPMAN . I live at 9, Gloucester Street, Hackney Bond, and have known Underwood about 14 months—I went to the Princess's Theatre with him the Saturday after Good Friday—I met him at the London Spa at 7 o'clock, and we got to the theatre about 7.45 and left about 10.30 or 10.40—Underwood was in my company all the time.
Cross-examined. I was at the police-court, but did not give evidence—Stannard's father told me they were in custody—I have known Stannard about six months—I am Underwood's young woman—the prisoners have been several times together.
Re-examined. I did not hoar Underwood say at the police-court "I reserve my defence," or words to that effect—I am intimate with Stannard's father—he came to me in Gloucester Street.
Inspector Dodd (Re-examined). When I took Stannard he had gold wires in his ears—I know the witnesses for the defence—I don't know where the wires are—I did not take them from his ears.
GUILTY of the attempt. STANNARD*— Seven Years Penal Servitude and to pay 13l. towards the expenses of the prosecutiony with a view to its being given to Bacchus . (See page 144.) UNDERWOOD*— Eighteen Months' Imprisonment.
ELLEN TIDY . I live at 52, George Street, Portman Square—Miss Mary Alexander is the owner of the house—she was away on Saturday, April 12th, and I left the house on Sunday afternoon—I returned about 11 o'clock, and found the place had been broken into and the box staple taken off the door—I missed a gold chain, a cross, a ring, links, and other articles, and this silk handkerchief (produced)—I identify it by a mark in the corner—I missed about 5l. worth of property altogether.
ALFRED RICKETT (Policeman D 184). I was on duty on Sunday, 13th April, in George Street, at 10.10 p.m., and found the door of this house broken open and the marks of a jemmy over the lock—I called the attention of other policemen to it—I went in and found the contents of a box turned out—I saw Miss Ellen Tidy and informed her.
JOHN OTWAY . I apprehended the prisoner on another charge on 22nd April—he was taken to Marylebone station and searched, and in his pocket I found the silk handkerchief produced—I asked him to account for its possession, and Stannard, who was with him, said that they bought two at the boatrace.
NOT GUILTY .
MR. RAVEN Prosecuted.
(The Prosecutor did not appear.)
WILLIAM JACKSON . I live at 85, Ellington Street, Pimlico, and am a provision store keeper—I was in Westminster on 11th May at 1 a.m., and saw the prisoners in Peter Street at the corner of Worcester Grounds—I saw Jeremiah get hold of the prosecutor, and they shook him, and said "We will have a shilling"—Mary Murray got hold of him by the throat, and Jeremiah Murray put his foot out, and put the prosecutor down, and Collins got his knee across the prosecutor's breast—I ran a little way, and told the police—the prosecutor in the meantime to defend himself got his plyers out and they thought it was a knife, but he never struck them—I saw some coppers in the prosecutor's hands—I don't know where he is—the female was the worst of the lot.
NOT GUILTY .
WILLIAM BUTLER (Policeman B 297). I went to assist the constable in the last case to the prisoner's house, Worcester Ground, where I found B 298, the prosecutor and the last witness and six or seven other persons—I did not see the prisoner there—I assisted the other constable with Murray out of the room, and got to the comer of Peter Street, when the prisoner ran across the street, and gave me a violent blow over the eye with this belt with a brass ring (produced)—Jackson ran after him, and the prisoner threw him down—he was then charged with stealing a shilling and assaulting me.
Cross-examined by the Prisoner. I saw you hit me with the belt. By the Court. I did not attempt to interfere with him, nor did the other constable—I was taking Murray on a charge of felony.
JOSEPH SIMMONS (Policeman B 298). I had Jeremiah Murray in custody——the crowd tried to rescue him—I saw the prisoner strike Butler across the face with something; I cannot say what—he then ran away, and was followed.
Prisoner's Defence. B 297 was taking Murray, and there was a crowd following—the policeman who took me in custody let go, and another policeman took his place, and he took out his staff, and would have hit another young man, and then he turned round to me, and said, "You had better go home. "I said, "I am going home." He said, "Go along home, or else I will give you some of this if you don't go off."
GUILTY .— Three Months' Imprisonment.
JULIUS BALCOE . I am a tailor, of 65, Chambers Street, Whitechapel—on the morning of 6th May I lost 29 pairs of trousers, worth about 18l.—this is a portion of the property (produced)—they were safe on my premises at 12 o'clock the night before; I locked the house up at 11.30—I was awakened by a dog barking at about 4.30 a.m.—I went down into the workshop, and missed the goods—I dressed myself and went into Great Prescott Street, where I saw the prisoner in custody and a black bag containing the property—I charged the prisoner—I went out by my front door, which was unbolted—the workshop window was open—the workshop is not separated from the dwelling-house.
WILLIAM THOMPSON (Policeman H 84). I was on duty about 4.30 in Chambers Street, Whitechapel, and saw the prisoner come out of the prosecutor's front door, and close it behind him—he was carrying a large black bag and a bundle under his arm—he saw me coming in the opposite direction—I followed him into Great Prescott Street, stopped him, and asked him what he had—he said "Goods"—I said, "What goods?"—he said, "Clothes I am going to take to the tailor"—I asked him to give me an account of them, and said I should have to take him to the station for unlawful possession—Balcoe came up and said, "That man has broken into my house"—I went back and examined the premises, and found the prisoner had climbed over a wall between 7 and 8 feet high—there was a broken pane of glass, and a brick torn out of the wall where he had climbed up.
The Prisoner handed a written statement to the Court.
PLEADED GUILTY, he being still on ticket of leave.— Twelve Months' Imprisonment, to commence from the expiration of the former sentence.
FOURTH COURT.—Thursday, 29th May, 1879.
Before Mr. Common Serjeant.
MR. TAMPLIN Prosecuted; MR. FRITH Defended.
ROBERT CRAWFORD . I have an office at 4, Chapel Street, Mayfair—about midnight on 26th April I was in Long Acre with a friend, Mr. Macgregor, going home towards Piccadilly, when six or seven boys came towards me, some on the pavement and some in the road, so that I could not pass, and one of them struck at my face with his fist, but I kept off the blow with my arm, and at the same moment the prisoner, who was the tallest of them, butted at me with his head and snatched my watch chain, and broke it off at the swivel—I felt the tug—the watch remained—I then knocked the prisoner down in front of me, but was knocked down myself, so that I could not hold him—he got up and somebody else got between us, and I had to fight my way through them—he ran away and I followed—he ran into a doorway and stood straight up with his back against the door—I caught hold of his arm, and a policeman came up—I never lost sight of the prisoner—my chain was worth 30s. or less—Mr. Macgregor was close behind me, and I broke my stick in the struggle and called to him for his.
Cross-examined. I had been to a friend's house in Torrington Place—I had nothing to drink on my way back, and was perfectly sober—I charged the prisoner with stealing ray watch, but found it safe in my pocket after at the station—I said at the police-court "I tried to follow the man who ran into me, but the others dodged in between us and I got knocked down several times"—that is correct—Mr. Macgregor was behind me—the door-way is round the corner—I did not speak to the prisoner—I might have told the police sergeant that I had lost my watch and chain in a fight, but I do not remember—when I gave the prisoner in charge I said "That is the boy who has taken my watch"—I did not say I thought he was one of them, but was not sure—at the police station I said I was sure he had taken my chain—I heard Mr. Macgregor swear to the prisoner being the man who took it—I was not hurt.
Re-examined. I was butted in the stomach and my hat' driven over my head, and I was knocked down by a blow on the top of the head, but was not hurt—I saw the prisoner all the time and saw him knock me down—I did not examine the inside of my pocket until I got to the police station.
WILLIAM MACGREGOR . I live at 3, Queen's Gate, Westminster, and was with the prosecutor at midnight on 26th April walking down Long Acre, on our way to Piccadilly, when six or seven boys came up and stopped us—the prisoner was one of them—I was standing by the prosecutor's side when the prisoner rushed at him and struck at him about the head, but he kept off the blow—one of the others then rushed behind the prosecutor and took I hold of him by the collar, and the prisoner rushed in and butted him in the stomach and tried to take his watch, and the prosecutor called out "He has taken my watch"—wit was dark; I did not see him take the chain—I did not notice a lamp near—we then chased him for about two minutes, and did not lose sight of him—I have no hesitation in identifying him.
Cross-examined. I do not know that neighbourhood—we did not run far—I heard the prosecutor complain of losing his watch, and when the policeman came up he found the chain had been broken off—we had not been out to supper, and had nothing to drink on our way from Torrington Place—I am not a medical student.
the corner of James Street and Long Acre—I went up and saw the prosecutor and the prisoner and the last witness—the prisoner was standing in the crowd, and the prosecutor charged him with stealing his watch and passing it to some one in the crowd—I took hold of him and he said, "If I have got your watch, you had better go to the station"—on the way to the station the prosecutor said, "I have still got my watch, the chain only is gone"—the prisoner, when charged at the station, said it was merely a got up affair.
Cross-examined. The prosecutor told me he had been attacked by the prisoner, and he had taken his watch and chain—he did not say he had lost it in a fight—the prisoner went quietly to the station and was searched, and no watch or chain found on him—the chain was gone altogether from the watch.
GUILTY of the assault with intent to rob. Recommended to mercy by the Jury on account of his youth. He PLEADED GUILTY**(†) to having been previously convicted of felony at the Marlborough Street Police-court on December 19th, 1877, in the name of Patrick Leonard.— Eighteen Months' Imprisonment.
MESSRS. M. WILLIAMS and GILL Prosecuted; MR. D. METCALFE defended Ewing, and MR. GEOGHEGAN Defended Finnis.
JOHN WINTER . I keep a watchmaker's shop at 285, Globe Road—on the night of May 6th my back window was fastened with a catch inside—I fasten up the premises, and am the last up, and it was safe between 9 and 10 o'clock—the next morning between 1 and 2 o'clock I was aroused, and the officer drew my attention to the window being raised two or throe inches—a knife would spring the catch back, but they could not get inside, because there was an iron shutter.
Cross-examined by MR. GEOGHEGAN. There was an iron shutter inside, and close to the window, and they could not get into the room without opening the shutter—it is fastened inside the room, and could not be opened from the outside by fair means—the catch could not be moved without the knife—the knife could not open the shutter—it could be removed by a jemmy.
RICHARD WILDEY (Police Inspector K). At 12.40 a.m. on May 7th I was in Cambridge Road, and saw there the four prisoners with another man—I was not in uniform—I watched them and saw them walk up Green Street, three on one side and two on the other side of the way—I saw Hayday and Ewing or Roberts and the fifth man go through Victoria Park Square, through Sugarloaf Walk into Globe Road, where Finnis and Roberts, or Ewing, joined them—they then all turned down Sugarloaf Walk again.—I had three sergeants with me then, Rolfe, Smith, and Murrell, all in plain clothes—the fifth man came towards us, and on seeing us he ran away up Globe Road—Rolfe and myself followed the other four men through Sugar-loaf Walk after I had given instructions to the other two sergeants—Sugar-loaf Walk is a narrow passage with a wall on one side and palisading on the other—we went through this passage into Victoria Park Square, where we saw Smith and Murrell on the ground struggling with Hayday and Finnis, and Rolfe assisted Smith and Murrell to take them in custody, and from
what Smith and Murrell told us we went back to Sugarloaf Walk, where I assisted Rolfe on to the wall of the houses at Globe Road, and after searching the backs of the houses for about three quarters of an hour, I saw Roberts and Ewing in custody, being brought from the back of a house facing the Victoria Park Square—they were found on the roof of an out-house—I searched about there and found in a gutter this knife (produced)—it had two streaks of paint upon it—it is just such a knife as would open a window—I then examined the window sash at 285, Globe Road, about 150 yards from where the knife was found, and found the catch had been put back, and there were marks on the paint of the sash—the gardens of the houses meet back to back—this jemmy (produced) was handed to me next day by James Gosnel, and the four prisoners were charged with attempting to break into 285, Globe Road, a jeweller's shop—Ewing said, "I am a stranger myself; I deny it was a jeweller's shop"—the other prisoners made no reply to the charge—the knife was found in the gutter of the roof of an outhouse at the back of one of the houses in Victoria Park Square.
Cross-examined by MR. METCALFE. When I saw the two men join the other three in Victoria Park Square, I did not know which was Ewing and which was Roberts—I knew them and had seen them before, but we were obliged to keep some 50 or 60 yards away, and at that distance I could not tell which was Roberts or Ewing—I did not see them taken into custody—I found the knife myself, and there were two slight streaks of paint across it—I wrapped it in paper and took it to the police-court, and when I took it out the marks were gone—there is a ropeyard at one side of the Sugarloaf Walk, and near 185, Globe Road—the yard where Ewing and Roberts were found adjoins the rope-yard—no fault was found with the police at the police-court—on the first hearing no depositions were taken, but merely a note to remand the prisoners—I have no doubt I said a window was broken, but I believe it had been broken previously, and fastened up with paper, and the paper was broken—it was not stated then that the window was broken—I do not think the evidence about it being forced open was omitted—I gave evidence, but said nothing about it—I have not said that I found the window open, but that I found the marks on the window and the catch pushed back—that would be between 2 and 3 o'clock—I do not think the prosecutor had seen it then.
Cross-examined by Roberts. I might have said at the police-court that there was a window broken—I said nothing about putty—at the station I said the knife found was one used to take putty out of a window—the marks upon it were dried paint.
Cross-examined by MR. GEOGHEGAN. I do not know Hayday's age, or who his father is—I was alone when I first saw the prisoners—Rolfe joined me at the end of Cambridge Road before they separated into two parties, and he was present then—I saw the two sergeants and the two prisoners struggling or fighting on the ground, and I went to their assistance—they were all on the ground turning over and over—there is a urinal in Cambridge Road—the passage runs between Victoria Park Square and Globe Road—there are houses on one side the square, and the other side is the Bethnal Green Museum—where I saw Hayday and Finnis was in the square between the Museum and the houses—I first saw the prosecutor's window between 2 and 3 o'clock, and examined it carefully—I saw the iron shutter. Cross-examined by Mr. Metcalfe. I was present when Ewing gave his
name and the address of the Three Bulls lodging-house, Brick Lane—I made inquiries, but he was not known by name there—it is a large place—they are very reticent at lodging-houses in giving information to the police.
Re-examined. I had to keep a distance away from the two prisoners, because they knew me—we could identify them and pick them out—nobody was working at the rope-walk.
JOHN SMITH (Detective Sergeant K). I was with Wildey on the night of May 6th, and saw the four prisoners in company with a fifth man, and I watched them, in consequence of the directions Wildey gave me—I saw the five men together several times within half an hour, and saw them pass Burnham Square, near where the offence occurred in Globe Road—they walked backwards and forwards at different parts of the road—I next heard a noise in Sugarloaf Walk of some one getting over a fence, and of some one running—I was at the end in Burnham Square—I ran round by Victoria Park Square to the other end of the passage, and just before I got there I heard a whistle, and saw Hayday and Finnis standing in Sugarloaf Walk, looking through the garden fence of 285, Globe Road—it was not necessary to get over a fence to get to them—I said, "What are you two doing here?"—they both answered, "Nothing, sir," and that they had nothing about them—I told Hayday I should take him in custody, and that I was a police officer—he became very violent, and threw me down—Wildey came up and assisted me, and Finnis and Hayday were taken into custody.
By the COURT. The fence is at the back of No. 293—the prisoners were in the Parsonage Walk at the back—the struggle was in Victoria Park Square, a thoroughfare.
Cross-examined by MR. METCALFE. I was in the urinal in Cambridge Road before going in the passage, and saw all the prisoners come in and pass by me, but they did not appear to notice me—I was not in uniform.
Cross-examined by MR. GEOGHEGAN. The fence is in Sugarloaf Walk—I do not think Murrell fell on the ground—I was down—Rolfe was with me and assisted Murrell—the four policemen and two prisoners were there together—I did not hear Murrell ask Finnis any questions other than what I have stated—when I caught them at the fence I did not let them go—it is a rough board fence—the prisoners were standing with their backs to me at first, and when they heard us approaching they faced us and walked towards us.
RICHARD WILDEY (Re-examined). We saw them in Sugarloaf Walk, at the Victoria Park Square end—it runs at right angles from Victoria Park Road to the Square—the fence is in Sugarloaf Walk, and runs the whole length—293 is the corner house—we went in at the Globe Road end—where the prisoners were looking through the fence is 100 yards from the house in Victoria Park Square, where the other two prisoners were found on the outhouse.
By the COURT. The rope-walk adjoins the corner house, and runs the same side—there is a fence on both sides of the walk—they were in the thoroughfare of Sugarloaf Walk, looking into the garden at the rear of the house at the corner of Victoria Park Square.
morning of the 7th I saw Hayday and Finnis standing in Sugarloaf Walk, about six yards apart from each other, looking through the fencing at its junction with Victoria Park Square—Smith asked Hayday what he was doing there—ho replied, "Nothing, I have got nothing about me"—he said that at once, without any question about it—I then caught hold of Finnis and asked what he was doing—he said, "Nothing; I have nothing about me"—I put ray hand to his pocket outside, and felt something, and I then put my hand in and found this gun wrench (produced)—I said, "What do you call this?"—he said, "It is a toothpick"—I said I should detain him, and he became very violent, and we struggled together and fell on the ground, and Wildey and Rolfe came up, and we took the prisoners into custody.
Cross-examined by MR. GEOGHEGAN. Smith and myself were together, and I could hear what he said to Hayday, and he could hear what I said to Finnis—when I asked him what he was doing there, Finnis said, "Nothing, I have nothing about me"—I can swear that—I gave evidence at the police-court, and my deposition was read over to me, and I signed it—I said, "I caught hold of Finnis and asked him what he was doing, and what he had about him. He said nothing."
WILLIAM ROLFE (Police Sergeant K). I was with the other officers—after Finnis and Hayday were in custody I was lifted on to a wall 10 feet high by Inspector Wildey—on getting on to a shed I saw Ewing and Roberts at the prosecutor's back window—I shouted, "What are you two doing there?"—they instantly ran from the window in a stooping position towards me—I was on a shed 20 feet high—Roberts then threw something at me which I thought was a piece of wood, but this crowbar (produced) was afterwards picked up there—I said, "You cowards, you cannot get away"—they came towards me and got on to the ashbin, and then on to a brick wall five feet high with wooden palings on the top about 3 feet high—they broke down the wooden palings and jumped into (he timber-yard adjoining and ran along on their hands and knees—I ran along three different roofs after them, and then lost sight of them—I called for the policemen to bring their lamps and get assistance—K 132 brought his lamp, and after searching for nearly three quarters of an hour I saw two posts in the builder's yard—I climbed up and found Roberts and Ewing crouching together on the roof of an outhouse—they said, "You are too strong for us, we will go quietly"—K 132 was with me—I found this knife (produced) near the prisoners, under the tiles of the roof—the distance of the prosecutor's house to the place where the jemmy was found is not more than 30 yards.
Cross-examined by MR. METCALFE. The yards are not paved—the crowbar fell on the ashes and would make no noise—the walls of the shed slant inwards, coming to a point—I got on the top—it was between 1.30 and 2 o'clock, a moonlight night, and light enough to see the men in the yard—the shed was about 15 yards from No. 285, where I saw the two prisoners with their backs towards me—I said,. "What are you two doing there?" and they turned round and came towards me—they could not get out of the yard any other way—285 is the third house from the corner at the junction of Globe Road and Sugarloaf Walk—the corner house is a little chandler's shop—it was about three-quarters of an hour before we found them.
Cross-examined by MR. GEOGHEGAN. I was with Inspector Wildey at the beginning—it was three quarters of an hour after he lifted me on the wall
that I arrested Ewing and Roberts—I have seen implements like this gun-wrench, but do not know that they are sold in the shops and in the streets at 2d. each—it might be used for anything.
JAMES GOSNELL . I live at the chandler's shop, No. 279, at the corner of Globe Road and Sugarloaf Walk—I found this jemmy on May 7th, about 12.45 p.m., at the end of my yard near the dust-bin—there is a high wall at the back of the yard, and another separating it from the backs of the houses in Victoria Park Road.
Cross-examined by Roberts. I found the jemmy over the dust-bin on the rafters of a fence three feet from the ground—the fence is between my premises and the next door.
Roberts's Defence. I have never seen that iron before.
GUILTY of the attempt . HAYDAY** and ROBERTS**— Eighteen Months' Imprisonment each . EWING— Nine Months' Imprisonment.
FINNIS— Six Months' Imprisonment.
OLD COURT.—Thursday and Friday, May 29th and 30th, 1879.
Before Mr. Justice Grove.
561. ADAM ADDISON (39) and MARY JANE BOYCE (39) were indicted for the wilful murder of Mary Ann Robinson. In a Second Count Addison was charged as a principal and Boyce as an accessory after the fact They were also charged on the Coroner's Inquisition with the like murder.
MESSRS. POLAND, MONTAGU WILLIAMS, and HORACE AVORY Prosecuted; MR. EDWARD CLARK, with MR. SAFFORD, appeared for Addison, and MR. FULTON for Boyce. The details of the evidence in this case (one of procuring abortion), were of a nature unfit for publication.
ADDISON— GUILTY of manslaughter. — Seven Years' Penal Servitude.
BOYCE— GUILTY of manslaughter, and as an accessory after the fact .— Two Years' Imprisonment.
NEW COURT.—Thursday, Friday, and Saturday, May 29th, 30th, and 31st, 1879.
Before Mr. Justice Stephen.
MR. GORST, Q.C., and MR. A. B. KELLY Prosecuted; the SOLICITOR-GENERAL and MR. BESLEY Defended.
LORD DORCHESTER. In November, 1876, an application was made to me in writing by, I believe, some one named Fisher in Leicester Square; but I am speaking from recollection, for an account that had been owing by the Hon. Mrs. Carlton—I have searched for it, but have not found it—in consequence of that I sent this cheque in a letter, to the best of my belief, and it was acknowledged—I have not found the receipt yet, but I can swear to having had it—I have not found it for reasons which I can give. (The letter was dated 23, Leicester Square, November 23, 1876, from J. C. Fisher and Co., and stated: "My Lord,—We beg to hand you a receipt for your cheque for Mr. Worth's account; we are at a loss to conceive the reason
of your lordship complaining that her ladyship is not to be trusted, &c.," and complaining that the cheque was drawn 10d. short, as no interest hod been asked for.)
CHARLES FREDERICK WORTH . I am a dressmaker, of 7, Rue de la Paix, Paris—I do not personally take any part in the financial part of my business—my regular financial manager is Mr. Mantel, who has been with me 21 years, and my son Gaston takes an active part in the business—I never saw the prisoner and never gave him authority to sign my name on cheques or bills—my initials are C. F., and this signature C. J. Worth on this cheque is not mine; nor did I ever give any one authority to place it there—the letters which passed between my firm and the defendant were not written or signed by me—the general course of business was for the letters to be signed by Mantel—this letter, dated Paris, 1st September, 1877, is mine, (This was in French, addressed to Mr. Levy, requesting him to hand over all matters' and papers to Mr. Andrews, of the firm of Andrews and Mason, 78, Iron-wonqer Lane, with a detailed account of all proceedings taken, signed C. F. Worth.)
Cross-examined by the SOLICITOR-GENERAL. Mr. Mantel made the arrangement with the prisoner on his own authority as to conducting my affairs—I personally knew nothing about it—I was not consulted in any way.
GASTON WORTH . I am a son of the last witness, and am in business with him—I remember negotiations taking place in the summer of 1876 between our house and Fisher and Co.—they were in writing—I saw this letter after it arrived, but I did not myself transmit any accounts to Fisher and Co. for collection, or receive moneys transmitted by them to us—I remember going with Mr. Andrews to Leicester Square in the first week of October, 1877 we saw Mr. Levy and one of his sons, Mr. Daniel Levy I believe—I asked Mr. Levy for an account—he said "I cannot give it to you now"—I believe I went on a Wednesday—I said, "When can you give it to me?"—he said "Next Friday"—I asked him to give me an approximate account at once—he got into a temper and used hard words, and said "Do you expect I shall give you an account of 1,400l. or 1,600l. in a minute?"—I said, "Haw you not a ledger, and cannot you tell me in a second, as I would myself, what you owe me and what I owe you?"—he said, "I don't keep a ledger, I have to look all over my books for two years, and I cannot do that in a second"—I asked him to be faithful and give the account on Friday next, as I was obliged to go to Paddington, and I begged him to send it to Mr. Andrews at once—ho promised faithfully to do so on the Friday—Mr. Andrews said nothing that I remember—Mr. Daniel Levy was present—I did not hear from Levy then or at any other time anything about Lord Dorchester's cheque.
LOUIS PHILIPPE MANTEL (Through an Interpreter). I am financial agent to Mr. Worth, of Paris, holding a power of attorney—all correspondence on commercial matters passes through my hands—I had an introduction to the prisoner in the autumn of 1876, and had negotiations with him as to his undertaking to collect debts in England for Mr. Worth—as the result of my negotiations I received this English letter of 23rd August from Mr. Levy—the arrangement in it was not changed afterwards; it was confirmed; this letter, dated 19th October, 1876, was written by one of the clerks in my office by my authority, and he signed it after I had read it (This being translated, enclosed 12 accounts amounting to over 1,0001. to Mr. Levy,
among which was one due from the Hon. Mrs. Carleton of 29l. 0s. 10d., requesting him to obtain payment for them with costs in case of non-payment. Signed,"Blancherdet") All sums which have been received have been acknowledged, and we can prove that by copies of the acknowledgment—if the defendant has not received our acknowledgment for the amount due from Mrs. Carleton, then we have not received it—I have got my books here—I never received this cheque (produced)—the name on the back of it is not written by me nor by my authority—the defendant called on me in February, 1877, and handed me a sum of money, giving me at the same time the names of the persons from whom the money had been received—I have the names here, but Mrs. Carleton's name is not one—Levy did not tell me then or at any time that he had received a cheque from Lord Dorchester—I did not see Levy again in May, 1877—I did not give him authority to endorse Mr. Worth's name on a cheque.
Cross-examined by the SOLICITOR-GENERAL. I took a note in writing of the sums paid; this is our cash-book; it contains all the items which have been written in; a clerk wrote these items before me—this is another cash-book with the summary of all the receipts—this item of 17th February, with the total sum was written by me, it is headed "par Levy"—it is a general summary consisting of many debtors, but here is the name in the margin, of the sum which Levy paid; the last line is not in my writing, it is written by Blancherdet by my authority—he is not here, because he has not been asked to come—he gave me this account which he received; there was 1,500 francs in money, and a cheque for 8,368 francs, or 297l. 10s. 5d., for the balance—this is Levy's account (produced)—there is a sum of 5,000 and odd francs to be added to it—it is on a piece of paper torn from a block-book which I keep for the purpose; it was written in my presence in the office by Mr. Levy, who gave me at that time a cheque for the balance on the block-note 297l. odd—no book is kept in our establishment which will show in what form a clerk has received money; it would simply be in franc money. no. sayin. th. nature o. it—i. th. cler. receive. an English chequ. o. an English banker he would enter the equivalent in Frenc. money—. ca. tel. by th. bloc. not. tha. thi. 1,500 franc. wa. receive. i. English money and the rest in a cheque—that block note is produced by Mr. Levy, and you must see that the sums correspond—if there was no block note I could tell by the dossier in what form we received this money; this (produced) is the letter which shows when Mr. Levy began; we believe we had to do with Mr. Levy and we always corresponded with him in that name—this is endorsed to Mons. Levy, not to Fisher and Co.; this produced is the first book of notes of accounts; the cash book which you have seen will show the receipts of February 16th, the cheque proves that the clerk received the 297l. 10s. 5d. by cheque—he gave it at the' same time as he gave the 1,500 francs, and I recollected it myself, it took place in my presence—I received the sums, and Blancherdet entered them in my presence—the cheque was immediately transferred from English money into French and credited in French; the first book relative to that is the cash-book; we are able also to show the memoranda of the purchaser of the cheque; it was M. Rodrigues frere, a gentleman to whom we commonly give cheques for that purpose—this is my signature on the back of it—I have produced my power of attorney as representing Mr. Worth, for that purpose—Rodrigues no
doubt sold it to Belperre, whose name is on it; we do not know the other names on it, we only know Rodrigues, who changed it for us; there are two names on the block note which do not appear in the book, you will find Malcom at the top in the large book, his name was entered in another book because it was carried to the bad debtors' account; it was considered as a bad debt, and for the sake of the regularities of the books it has been carried to the account of the bad debtors—the reason that this 565 francs is not entered in the small cash-book is because Malcom has been entered among the bad debtors, and when money was paid on his account it had to be entered in the large book; all the sums are there; you will see the total of the sums of 16th February there, and all those sums total are entered by myself in this large cash-book, and consequently all the large sums—there is also a large ledger in Paris which will show how this large total is made up—the gross total of receipts on 16th February, by the large book, is 25,997 francs in money, and 294 francs in paper, but there is to be a deduction of 565 francs for Malcom—Malcom was entered under date of 15th February for the regularity of entries in the book, because on the 15th there were three different items to be entered, and that was included. Q. Is it the fashion in France to enter the receipt of a sum of money before it is received? A. It is not exactly a regular piece of business, but it hat been done to make one total sum of the different sums received—the big book was made up on the same evening, 16th February. Q. Do you mean to say that making up the books on 16th February you actually wrote on purpose that it had been received on the 15th? A. Possibly it may be an error in date—I came over here to give evidence before the Magistrate—I gave evidence about 16th October—I cannot say whether the prisoner complained that it had been arranged by the Magistrate that the case was not to be taken on that day—I don't know that it was promised on my behalf that I should come back again to be examined—I was not served with a subpoena that day—I don't remember receiving a summons to reappear—I think Mr. Hall was with me in the street—I do not recollect being served with a subpoena to attend, and being cross-examined on the prisoner's behalf—I came over twice, but I was not in Court—I was in London—this is my signature on this cheque, not Mr. Worth's—it has been sold and cashed in the same way—it is rather difficult for me to say whether this produced is a piece of my block note—the pieces resemble each other very much—I don't think Mr. Levy has received credit for this 40l.—I sent him over this cash, order produced—if this 13l. and 40l. are not entered they have not been received—the cheque which was passed through our changers, Messrs. Rodrigues, and signed by me, resembles the other certainly; but we have no entry of the receipt—the signature resembles mine, but that of Mr. Rodrigues does not—I cannot say that "Belperre" resembles his signature because I only know Rodrigues—Mr. Levy came on 24th February and took away 40l. in cash and gave this cheque—he said "Take that cheque and give me that 40l. in cash for my journey; "but this block note is false—I first suggested that it was not Mr. Rodrigues's writing because there are two brothers, and the other brother has signed it—there are only the other witnesses, the employes, the clerks who were present, and Rodrigues, who have a memorandum of account at the time—I must ask them to give me it—I have not got it—I say that this "C. Worth" is my writing—I believe this 13l. was paid on my behalf by Mr. Levy, but I must look at my books—I must
see the ledger, and that is in Paris. (The authority was here read:—" Paris, 14th November, 1876. Mr. Levy,—I beg to inform you that I yesterday handed Mr. George Seamer and Co. of London an order on you for 13l., which please be good enough to exchange for this order. You will deduct this sum from the first remittance you may have to make to me. Blancherdet for Messrs. Worth.") I have said before that I must look at the large book to see whether I have received credit for that 13l., and that book is in Paris—the cash order seems to me to be a receipt by his hand—I do not contest it at all, but I contest the receipt of the two sums—Mr. G. Seamer is a silk merchant in London—I do not know whether I owed him any more than 13l., but it was to settle an account which I owed him—he has never asked me for it since, but I cannot recollect it because we have had other transactions with him since—I beg to remark also that the date has nothing at all corresponding to the order in November with the payment in February—this cash order was November—I saw Levy on 24th February when he came and brought the cheque, and asked me to give him the money—I said no doubt before the Magistrate "In February, 1877, the defendant called on me in Paris at our office; I do not recollect seeing him again since. I saw him again in May, when he said he did not come on our business, but he had other business to transact; at the interview in February Levy handed me certain sums of money. I have a list of those sums; the figures in the list produced were written from the books by M. Blancherdet in my presence:" but seeing this cheque causes me to make an explanation which I hope the Court will allow me to make—it is true that I saw him in May; very likely it was a slip of memory when I said that I did not—on 16th February he brought me the five sums which have been mentioned—on the 24th he came again and asked me to take the cheque and give him 1,000 francs for his travelling expenses, consequently that cheque has nothing to do with our account—he may have left Paris between the 16th and 24th and came back again—I did not see him between those dates—this cheque reminds me of the transaction, it was in exchange for money—there is no book here which will show that transaction—Mr. Levy cannot prove the receipt of the 40l.—the large book would show the transaction of 16th February, but there is no book in existence which would show a transaction of this kind, which is only an exchange of money—M. Blancherdet never received money in the ordinary course of things, but in my absence from Paris payments would be made to him; but he would immediately certify me of it, and hand me the money over—all letters are filed and kept in the archive room.
Re-examined. In the small cash-book the entry of February 24, 1877, is Blancherdet's writing—it might be done in my presence or not—I was present when the cheque of 40l. was given to him, and I gave Levy the cash for it—if these two amounts, Dorchester and Crocker, had been paid at that time they would immediately have been entered to the credit of those persons—there is no such entry on the 24th February—this is Mr. Worth's letter-book (produced)—this letter of 6th June, 1877, is an impression from Blancherdet's writing—I read all the letters (looking at it); this was written by my orders—all the letters are sent off every evening by a servant—I cannot recollect whether I received this letter (another) but if I did it ought to be on the dossier—it resembles Mr. Levy's signature. (The Solicitor-General stated that he admitted it to be Mr. Levy's writing, and it was put in and translated; it was dated 7th June, 1877, from E. Levy to Mr. Worth, stating that Mr. Crocker had written to ask him to accept his conditions, which he could not do, not being able to depend upon his word, and was therefore taking measures to have him declared bankrupt.) When I paid the cash for the 40l. cheque Blancherdet and another clerk were present—I did not receive a letter relating to Lord Dorchester's cheque about 19th December, 1876—I do not think Mrs. Carlton's name is written in the bad-debt ledger, but I must consult the big book for that purpose—no sum corresponding with the two amounts of Carlton and Crocker is entered on the 24th in either of these two cash-books—any sum paid in respect of the bad-debt ledger would be entered specially.
EZRA LIVERMORE . I am manager of the Covent Garden branch of the London and County Bank—on 12th October, 1876, an account was opened there by the defendent in the name of Fisher and Co., 28, Leicester Square—the drawing signature was given as J. C. Fisher and Co., and the name of the individual partner John Cambridge Fisher—I should say that at that time I did not know that the defendant's name was Levy; I thought it was Fisher—I know now that he is the man who opened the account; he signed J. C. Fisher, and it was operated upon by the same signature and no other—on 23rd November this cheque of Lord Dorchester's for 29l., endorsed C. J. Worth," was paid in to the credit of J. C. Fisher and Co. in a total of 54l. 17s. 8d.—I have the paying-in slip here.
FREDERICK THOMAS HALL . I am one of the firm of Denton, Hall, and Barker, 15, Gray's Inn Square—in December, 1877, I received a communication from Mr. Worth in Paris, and addressed this letter on 17th December to Mr. Levy: "Sir,—Yourself v. Worth. Enclosed we send you a copy of a power of attorney which has been sent to Mr. Worth of Paris to our Mr. Hall to require you to give a full account respecting the debts which he placed in your hands to collect, and Mr. Hall will call upon you at 28, Leicester Square, on Wednesday next. &c. Signed, Denton, Hall, and Barker." That letter enclosed this list of the debts in question (produced) with blank columns opposite—it contains among other entries "393, Hon. Mrs. Carlton 29l.; amount remitted to Mr. Worth. 355, J. Crocker, 130l.; carried out 3,250 francs; amount remitted to Mr. Worth" I had some correspondence with Levy as to a personal interview, and on 3rd January I had an interview with him at 28, Leicester Square—I made a memorandum of what took place immediately afterwards—I showed Levy the original receipt from Mr. Worth—the left-hand side consists of the debts, of which I had previously given him a list, and the right side the payments or credits, which Messrs. Worth gave him, and he produced a copy of another account which had been sent him with the questions—this is what I had to go by—among other entries here is "Nov. 16: Ch. Seamen par M. Levy pour notre compt 13l. 325f."—I showed them all to him—next day, January 4, I wrote him this letter, and enclosed a copy of this' side of the account. (This informed Mr. Levy that it was necessary to put in writing the exact position in which affairs stood, reminding him that Messrs. Andrews and Mason had been unable to obtain from him the particulars of his receipts and payments for Mr. Worth, who had therefore executed a power of attorney to Messrs. Hall, under which they demanded to know whether certain sums due to Mr. Worth had been collected or not, and the nature of all proceedings them pending.) I received the following
answer. (This was dated Jan. 7, 1878, from the defendant to Benton and Hall, stating that his refusal to account was by Mr. Worth's admission untrue, and that he was about to take proceedings in Paris against Mr. Worth for his breach of agreement, and that his agent would be instructed to deliver to Mr. Worth direct particulars of the account, and stating that Fisher and Co. had not to his knowledge received any moneys for Mr. Worth except such as he (Levy) had sent to him, or such as would be credited to him in the account then being made out.) In consequence of that I made a communication to Lord Dorchester, and received from him the cheque which has been produced to-day.
Cross-examined by the SOLICITOR-GENERAL. I was at Bow Street when M. Mantel was in the witness box—I don't know whether I was there the whole time—I believe Mr. Edward Lewis, the attorney, was defending Mr. Levy—I believe no promise was made that M. Mantel should come back again to be cross-examined—I believe, on the contrary, that an application was made that he should come back, and the Magistrate refused to grant it—Mr. Wontner was conducting the prosecution, and I was there to assist him—he has a letter from Mr. Levy to me of 2nd February, 1878. (This being produced stated: "In reply to yours of yesterday's date, you must be aware how absurd your demand for 512l. 2s. 6d. is in pursuance of the particulars delivered to me, inasmuch as I personally paid at Mr. Worth's part of the items which you set out. You may adopt any proceedings against me in bankruptcy that you may think lit, but I give you this notice for your Mr. Hall, that I hold him personally liable for any injury I may sustain by reason of these malicious proceedings, &c. E. L. Levy.") The 29l. is included in that list, but I should prefer seeing the letter to which that is a reply—(Looking at it) yes I presume Mrs. Carleton's or Lord Dorchester's name was included in it—I received Lord Dorchester's cheque about 10th January, 1878—the letter is dated 9th January, from Coxail; the postmark is January 10—I had a long correspondence with Mr. Levy and received many letters from him in 1878—I thought the C. Worth on the cheque in question was not Mr. Worth's natural writing—I thought it was his writing, but what I did think was that it was the same name—it looked like an imitation of a French signature; it has a tail which the French generally put to their signatures, but which Mr. Worth only puts to a limited extent—I think it is Mr. Levy's writing—in July, 1878, I proceeded in one of the Courts at Westminster and annexed this cheque to an affidavit—I know that in July or August Mr. Fisher died—I do not know when this charge was first preferred against Levy, but I presume it was shortly before Mr. Wontner communicated with me—I first saw in the papers that Mr. Levy had been charged with some other offence—I have never been charged with forgery—I have heard of Madame Valentine—you were my Counsel in that matter—I should like to explain—as solicitor I had in the course of the proceedings to put a document in in evidence; the solicitor on the other side, Montague Leverson, took the extraordinary course of giving me in charge and afterwards accusing me of tendering a document which was forged, not of forging it—the merits of the case were tried before the Lord Chief Justice for a whole week, and it was decided that the document was genuine—the prosecutor was first charged with the offence in October, I believe, and he was acquitted—I believe Mr. Montague Leverson was articled clerk to the prisoner—I was only tried on one indictment, but
there were three—it was in the Queen's Bench—after a six days' trial the Jury were not out of the box 20 minutes—it was the 13th June, 1867—I wrote the letter of 4th January for the purpose of putting upon record what had taken place, because I knew what kind of man I had to deal with; and for the same reason I took the note which I have here, because I knew he was connected with Leverson—Leverson did not prosecute me; he had been the solicitor, but he absconded next day, and has never come back.
The following Witnesses were called for the Defence.
LOUIS FONTENOY (Through an Interpreter). I am an embroiderer in gold, and live at 385, Rue de Pyrenees—I remember going with Mr. Levy to Mr. Worth's in 1877—I met him on the Boulevards—I knew him before—he told me that he was going to see Mr. Worth, and I asked him to introduce me, believing that he would want some embroidery done—it was at the end of February, but I cannot say the day we went to Mr. Worth's—I did not know the name of the gentleman who was there; all I can say is, that Mr. Levy had to do with a man who took snuff—he was about my size, but he was sitting down, and therefore I did not remark him much—he was looking over some papers, and Mr. Levy took off something from what is called a block note, I think, and wrote something on it and gave it to the gentleman, and Mr. Levy took out his pocket-book and took out of it what I believe to be a cheque, which he filled up and handed it to the gentleman, and in exchange for it a large sheet of paper was given to him, on which the signature of Mr. Worth was requested by Mr. Levy—I believe I heard it mentioned that the cheque was for 40l.—it was the same shade of colour as the one produced—of course I don't know what Levy's business was; all I know is that they were laughing a great deal, and 1 heard it mentioned about a Lord, whose Lady ordered some goods and would not pay—when Mr. Levy asked for the signature they said that Mr. Worth was absent, but that Mr. Levy was to continue to act as he had previously done for the interests of the house, and the paper was not signed—when we went out Mr. Levy said, "Since I have been in Paris, I have already paid over 10,000 francs"—one or two other persons were present in the room besides me and Mr. Levy—this paper is the sort of thing on which Mr. Levy wrote—it had been detatched from the little book—I did not see any money given to Mr. Levy by the gentleman there, in paper or cash—I shook hands with Mr. Levy at the corner of the Rue Neuve des Petits Champs, and he said that he was going back that night.
Cross-examined by MR. GORST. I first stated the tale I have told to-day when Mr. Levy's son called on me in February last, begging me to come and speak for his father—Mr. Worth was not at home, and therefore he could not introduce me—I have never seen Mr. Worth in Paris, and never had any business transactions with him—I first made Mr. Levy's acquaintance in October, 1876, at the Hotel Berger, Rue Bergor, Paris—one of my relatives procured me some work, and Mr. Levy undertook the recovery of the money—I handed him several invoices at the hotel which were due to me in London; one was from a lady called Burt, who lived at 40, Circus Row, but the acquaintance was through a relative of mine, M. Bayard, who is now in Paris—I don't think he gave evidence at the polioe-court—I know that it was in February. 1877, that Levy and I went to Worth's because my brother-in-law wrote to me and told me to go and see Mr. Levy at this hotel—I have not got my brother-in-law's letter, but I know it was in
February, because I know it was cold weather, and it was at the end of a month—he told me to meet Mr. Levy at the Hotel Berger—we went from the hotel along the Boulevards to Mr. Worth's—I have sot recognised any one to-day who saw us when we went there—I do not know M. Mantel.
Re-examined. That is not the gentleman who took snuff and sat down, he was a broad-chested gentleman, showing a great deal of white shirt.
ALFRED LAVIGERIE . I am a teacher of languages at several establishments—I have no establishment of my own—I have sent it over to a company for three or four months—I was formerly in the prisoner's employ, not as a clerk, but for the purpose of writing letters in French and translating them—I left him at the beginning or middle of March, 1877; I am certain it was before the 20th—here are two letters on this page of the press letter book which are in my writing; the one on the left is dated 18th December, 1876; I wrote it at the time it bears date and posted it to Mr. Worth at Paris—this is the posting book produced, it was kept by myself; here is my writing here and the name of Messrs. Worth, and my initials—I have some recollection of some matters of 'mine which I had to do on that day, that is how I remember it; having read the letter I called to mind the circumstances under which it was written—I called on that day at the office as usual, and I was instructed to write a letter; it was rather late and I was going away; I was called back when I was on the staircase, by the prisoner, who said "You must write another letter, and quick," and he gave me the substance of it, which I pencilled out, and wrote it at once and sent it off—it was not part of my duty to copy it, but he said "Will you copy it? which way are you going?"—I said "To Camberwell"—he said "Will you post it at Charing Cross?" and I did so—I copied it; I had some pressing business that evening at Camberwell, and not being used to the copying press, here are two or three words which, though it is my writing, I cannot read, because it is rather blotted, and that makes me remember I had to do it in a hurry—I have no interest in Mr. Levy or connection with him, I never saw him more than once after I left, there is no friendship between us—I am under a subpoena to prove this letter. (The letter was translated as follows: "18th December, 1876. To Monsieur Worth, 7, Rue de la Paix, Paris. I see that my son in writing to you to-day sending you cheque for Gagner has forgotten (notwithstanding I had told him to do so) to inform you that Lord Dorchester (Carleton) had sent a cheque for your account at the end of last month, and that I had endorsed it and passed it to your credit, having paid your draft upon us for Seaman. We will balance our account when I am in Paris, I think at the end of next month. I thought you had been advised of this receipt by my son, and I regret this involuntary omission the more so as his Lordship wrote that you were not to give further credit to his wife. Accept, &c, E. Levy." I had written another letter for him before that day.
Cross-examined by MR. GORST. The entry in the posting-book is "Messrs. Worth, 6.40, Charing Cross"—that is my writing in here, or my initials; I made that entry on leaving the office—I meant to say that I made that entry on 18th December, 1876, before I left—I stopped till the following mail—I have said that I was called back again; a clerk was in the office when I left, and the prisoner was in his room; I cannot remember whether
Daniel Levy was there—I have posted a few letters, but it was not a part of my duty—I don't know M. Mantel—I never had any private correspondence with him—I do not know any other M. Mantel besides the one at Mr. Worth's—I cannot say whether I ever posted another letter to M. Mantel in that way at a late hour in the evening unless my initials are to the letter—I posted a very few letters, and when I did I put my initials—I don't think I ever wrote one to him, if I did it was in French, but I did not write the whole of the letters—this entry of the letter on 11th December to M. Mantel "6.30, Charing Cross," is my writing—this letter of 11th December to M. Mantel (looking at the letter-book) is my writing—I had to write several letters to him in French—I am satisfied that I posted it, because my initial is there—I wrote two letters on 18th December; I wrote the first in the office; I have no room there; I used to sit in the office, or go into Mr. Levy's room—I had no place fixed; this letter was copied by me immediately after it was written, and it is soiled—I do not know whose charge the letter-book was in, it was always left in the office—I wrote those two letters that day with ink from the same pot, I think with copying ink—I am certain I was first spoken to at Bow Street nearly six months ago about giving evidence about the letter; I cannot say the day; the posting-book used to be on the shelf; the clerk in the office would be the party in charge of it—I was told to make the entry of what time I should post it, and I did so, and put my initials—the case was commenced when I was asked to give evidence, because I remember reading of Mr. Levy being brought before the Magistrate, and a few days afterwards I was called upon, and asked to attend the Court, which I did.
Re-examined. I gave my evidence, and had my depositions taken, after being kept a long time—(Notice to produce the letter of 11th December having been given and not complied with, the Court permitted the Solicitor-General to give secondary evidence of it, and it was read to the witness in English)—that is a correct translation.
DANIEL LEVY . I am the prisoner's son, and a clerk in Messrs. Fisher's office—I remember M. Mantel being examined at Bow Street—Mr. Lewis, the solicitor, was not present that day, and M. Mantel was not cross-examined—there was no one there to do it.
MR. GORST in reply Re-called
LOUIS PHILIPPE MANTEL . I have seen Louis Fontenoy to-day for the first time—I did not see him or anybody come to Mr. Worth's with Levy—I have read the press copy of the letter of 11th December, and I do not recollect ever receiving it, and I am sure I never received the letter of 18th December.
Cross-examined by the SOLICITOR-GENERAL. I am quite sure I never received the letter of llth December; it would not be addressed to me, but to Mr. Worth—he never wrote to me personally, except on one occasion, and that was when I wrote a very feeling letter to him saying that I was responsible for what happened, and hoped he would render an account faith-fully; he answered that to me personally—I did not look for a letter of 11th December, because it is useless to do so—this letter of 28th October, 1876, was written by Blancherdet, and received by me; it says" Would it not be possible in cases of simply demanding payment from those ladies, you should write your letters on private paper without a heading of your house of business. It would not frighten so much. It would only be after
many ineffectual attempts that you should use your headed paper"—I not only wrote that, but I told him verbally—I would not have authorised him to have paper with that heading—I was to act as private agent, not as solicitor—I say that he could not have written such a letter to me just because he acted as solicitor—he did considerably wrong and that was the way we found it out—he did not pay us the money he received—he was written to, and told not to act as solicitor: he was only to sue people or take proceedings, with our consent (A letter from the defendant to Mr. Worth, dated 30th October, 1876, was also put in, alleging a conversation with Mr. Worth in Mr. Mantel's presence, in which he said that he would not charge for his expenses, and that he adhered scrupulously to his engagements.)
GUILTY .— Eighteen Months' Imprisonment.
MR. RAVEN Prosecuted; MR. MONTAGU WILLIAMS Defended.
PHILIP PRICKETT (Policeman M 259). I took the deceased to the hospital and was present when Mr. Bushby took his deposition at the hospital—the prisoner had the opportunity of cross-examining him. (The deposition of Henry Yates was here read:—" I met the prisoner in a public-house and he asked me to go to the theatre with him, and I said 'Very well, I will go to the Britannia with you. We went there and sat down for some time, and Fred Andrews went and fetched some beer and bread and meat, and we used prisoner's knife to eat the bread and meat with. I did not use the knife. Lee and Andrews, who were with us, went down, and the prisoner and I stopped up there, and after a time the prisoner Kelly and I went down into the bar and had some beer. We went up again, and on the stairs we met Andrews, and he bid us good nigh. I stood on some steps looking at the performance, and he (prisoner) stood below and kept on saying, 'Why don't you come down here?. I said, 'I am all right here; I 'll come down in a minute. In a little time I went down, and he said, "You are a pretty sort of fellow to stop up there I said, "You need not be so fast. I hardly know what passed, not two or three words, and he said, 'I shall stick a chiv into you,' and I said 'If you did I should hit you.' and I knew no more than that I get it in my leg, and I know no more than that I was carried downstairs. He stuck the knife into my leg twice. It is the knife that is now shown me. They took me to the police-station and then to the hospital here. I did not hit him before he hit me. I had had a drop, but I knew what I was doing till I was struck. He had been drinking a great deal in the afternoon. I gave him no reason that I know of for it.
Cross-examined by the Prisoner. It is not true that when I get a drop of drink I say to him I 'll punch you.' and I have not done so. I may have been surly when he asked me to come down off the steps, but I did not hit him in the nose or in the neck. I did not give him the least provocation that I know of. I have often been told by him that he does not want my company. I did not strike him in the nose and neck. He was not using the knife to eat the bread and meat; that had all been eaten half an hour before.
Theatre with a man named Andrews, and saw the prisoner and Yates sitting on the next seat—I saw the prisoner take this knife (produced) out of his pocket and open it; he swung his arm round and stuck it in Yates's leg—I should think it was below the knee—I had not heard any quarrelling—I saw Yates stabbed two or three times, and he fell—I saw no blows struck by either of them with their fists.
Cross-examined. None of them seemed particularly sober—the prisoner was eating some bread and cheese with the knife half an hour before, and lending the knife to the others—they seemed good-tempered.
By the COURT. I saw him take the knife out of his pocket and open it—they were not drunk, but they had been drinking—they were not at all noisy.
WILLIAM HART . I live at 40, Appleby Street, Shoreditch—I was at the Britannia Theatre sitting next to the prisoner, on his right; but I had not gone there in his company—a girl was on his left—they had had enough drink, they came in about 10 minutes after me—I heard two or three words which I cannot remember, and saw the prisoner draw the knife from his breast pocket, open it, and swing it round; it caught me on my arm and stabbed it—he then stabbed Yates below the knee two or three times—I fainted and saw no more—I was taken to the hospital.
Cross-examined. My stab was accidental, he did not know that he had done it—they did not seem to be quarrelling, their voices were not raised, they appeared to be joking—he drew his arm from his breast and caught me on my arm, or else it would have caught Yates in his side.
HENRY CLARE . I was at the Britannia Theatre—when I first went in, the prisoner and Yates were on a seat in front of me—they were strangers to me—they went out of the theatre and came back, and sat four seats lower down to the left; there were three young men and one young woman—Yates and Kelly rose up, and Yates seemed so eager towards Kelly that he opened nil shirt, and as he did so he gave Kelly a punch on his head with his left hand—when Yates opened his chest he went towards Kelly daring him to fight him as I think—when Yates struck Kelly, Kelly pulled a knife out of his pocket and bobbed down and struck Yates two or three times on the leg—I heard no words, I only saw the attitude.
Cross-examined. I was behind them on the top seat at the top of the gallery, and they were four seats lower—I did not see Hart sitting next them—there seemed to be no dispute between them.
JAMES RICHARDSON CLARK (Re-examined). Yates was suffering from a stab in his leg below the knee 2 1/2 to 3 inches deep, it had evidently passed between the bones into the calf—there was a second wound just below his knee, and another on the upper surface, which came out on the under surface—the knife apparently had run under the skin and had not gone through the flesh, there was very little bleeding and it was superficial—there were also two wounds on each wrist, mere scratches—he was very weak from loss of blood and nervous depression—he went on very well till the next evening, Sunday, 4th May, when I was called to him at a little after 9 o'clock—a severe hæmorrhage had occurred in the wound in the calf of his leg—he was put under chloroform to find the artery, and the wound was plugged—erysipelas set in shortly afterwards—I then cutoff his leg and he died—the wounds might have been done with this knife (produced)—there are apparently stains of blood on it, and if so considerable force must have been used.
PHILIP PRICKET (Re-examined). I was in the gallery of the theatre on that evening and took the prisoner; he did not say anything—he was drunk—this knife was picked up and given to me—the deceased was lying on the floor of the charge room, and the prisoner said to him "You b——s——I meant this for you a long time ago, and I have done it now"—I charged him and took Yates to the hospital.
Cross-examined. When he said that he was drunk, but I think he knew what he was about—the charge then was maliciously cutting and wounding—I have been in the force some time, and I say that he was drunk.
GUILTY. Recommended to mercy by the Jury. — Six Months' Imprisonment.
MR. TICKELL Prosecuted.
HENRY HENLEY . I live at 16, Fitzroy Place, Euston Road—the prisoner also lived there, and his daughter, and the landlady of the house—on Good Friday night I went home at 11.30 and opened the door with a latch key; as I went upstairs I knocked against somebody on the stairs, it was a young chap and the prisoner's daughter—I said "Who is here?" there was no answer; I asked again and he said "All right, it's only me"—I knew his voice and said "You have no business here, you know you have a wife and little children," and I opened the door and let him out, and said "Good night"—I told the daughter that she ought to be ashamed of herself, and the landlady said that she would not have a bawdy house made of her place—the prisoner came out of his room and said that he did not encourage his daughter to make a bawdy house of his place—a good deal. of bad language was used—the conversation lasted about five minutes—I went up into my room, and had undressed myself all but my trousers and boots, when he called the landlady bad names—I went down again and told him it was not his place to call her out of her name, because she had been a good landlady to him—she is my mother-in-law, and when I took her part the daughter laid hold of us and the prisoner stuck a knife into my neck, my elbow, my left ear, my right hand, and my left side—he said nothing—Scanlan came to my rescue and put me into his room and I was taken to the hospital—I did not strike or wound the prisoner at all.
Cross-examined by the Prisoner. I did not call your daughter all the wh——s I could lay my tongue to, nor did you say "What do you mean by calling my daughter those names?" you never spoke to me—I did not cut you. (The Prisoner showed a large scar on his arm.) I did not hear "Murder" and "Police" called—I know nothing about your being taken to the hospital and being there a fortnight—you were brought there about an hour after me—all I say is you were the cause of it all and you have ruined me for life—I never touched you; I am paralysed in both hands and cannot hurt anybody—I only do a little work—I do not know how you got hurt.
MICHAEL SCANLAN . I live at 16, Fitzroy Place—about 11.10 on Good Friday night I opened the door and let in a young man and the prisoner's daughter—Henley came in soon afterwards and halloaed out "Who's there?" and I showed a light and showed the man out—I heard several words between Miss Tucker and, Henley, and then went back to my room
and closed the door—a few minutes afterwards I heard a scuffle on the stairs, and on opening the door saw Henley bleeding from several places—I pulled him into the room and shut the door—he said that he should faint and his boots were full of blood—he only had on his boots, trousers, and shirt.
By the COURT. I heard the scuffle and saw the prisoner there, but I did not see whether he was cut till Henley was taken to the hospital—I did not see how he got cut—he was taken to the hospital about an hour afterwards.
HENRY AYRES (Policeman E 451) I was called at 11.45, and assisted in taking Henley to the hospital—I went back to the house about 12 o'clock and found the prisoner lying down with a knife at his side—he was cut across the arm—I sent for the divisional surgeon, and the prisoner was taken to the hospital.
MILTON POLLARD . I am house surgeon at University College Hospital—Henley was brought there on Good Friday at 11.50 p.m.—his clothes were saturated with blood, and I found a wound across the left side of his throat three inches long; not deep enough to cut the main artery, but over it; a wound over the seventh rib which had struck it, and did not penetrate the chest; a wound two inches long above his left elbow, down to the muscles; a wound at the back of his neck about an inch long, of no importance; a cut on his hand, and a bit of a graze behind one ear—the wound on his throat was in a very dangerous place, but not deep enough to be dangerous—the wound on his chest might have been dangerous if it had gone into his chest instead of striking a rib—the prisoner was brought to the hospital about 12.45 the same night—he had lost a great deal of blood, and was very collapsed—I found a wound on his wrist cutting through one of the muscles—I took him into the ward and put some questions to him—he said "I will tell you the truth; I had been drinking with a friend; I had gone to bed, when a man came to my room; I said to him "If you come in here I will cut your throat"—I said "Well, did you cut his throat?" he said "I do not know"—I said "How did you get this wound?" he said "I did it myself."
By the COURT. He had lost a great deal of blood—the wound had divided an artery, and he might have bled to death if it had not been looked to—it was on the inner side of his left wrist; it will not injure him permanently—I have examined Henley's hands; they are not absolutely paralysed, but he has very little power; it is what you call wrist drop.
The Prisoner. What he has stated I have no recollection about—I wish my daughter called.
LOUISA TUCKER . On Good Friday I was out at work all day—I came home and Mrs. Henley was in my room drinking with my father—I had said that I should be home at 8.30—I went to the public-house, and the young man came in—Mrs. Henley was with me, and she drank with him also—my father went home very drunk and went to bed—Mrs. Henley left me, and the young man asked me to have another glass; he said "I am going your way home"—I knocked at the door just after 11, and Mr. Scanlan opened it—I stood talking at the door with the man, and Mr. Henley came up and pushed by and called me disgusting names—I said that I was not a b——w—; I worked hard for my living, and when I went upstairs he repeated the same words, and my father rushed out—I never held him; it is not likely that I should hold a man while my father stabbed him—I saw no stabbing—I do not know what my father had in his hand—his
head has been affected, and he has had fits since my sister's death; sometimes he has three fits a day—I called for help, but nobody came.
Cross-examined. I did not see Henley covered with blood; I did not see him at all—there was no light in my room—I only saw the policeman—I was not on the landing when the policeman came—I have had no home for seven weeks.
GUILTY of unlawfully wounding. — One Year's Imprisonment.
NOT GUILTY .
MR. LILLY Prosecuted; and MR. PURCELL Defended.
LOUISA DUDLEY . I live in Payne Street, Barnsbury—the deceased was my sister; her name was Clara Quaife; she lived with the prisoner for a number of years—on Easter Tuesday she came to me between 1 and 2 o'clock, and asked me to go and have a cup of tea, but I did not—she had no wound then—I saw her again at a little after 4, when she came from the hospital with her head dressed, and in the evening I saw her again—she was very poorly from that time, and said that she felt very ill and complained of pains in her head—I saw her on Saturday, 3rd May, on the bed very ill, and complaining of pains in her head—she died on the Tuesday after.
Cross-examined. The prisoner had lived with her sixteen years, but she worked for herself—she went to the Kensal Green Cemetery on Easter Monday—I saw her every day in Easter week.
ELLEN EVANS . I am the wife of Alfred Evans, of 5, Albert Terrace—on the Tuesday in Easter week the deceased came to me between 3 and 4 p.m. with a towel round her forehead, and a wound as long as my finger, it was bleeding; I put a cloth on it, and went with her to the Great Northern Hospital, where the wound was dressed—I saw her once after that on the same day, but not afterwards.
HENRY NASH . I live at 32, Denmark Grove, Barnsbury—the prisoner and the deceased lived in my house for about 4 1/2 years—on Easter Tuesday afternoon Brock came home intoxicated—the deceased was out, but she came home afterwards; I heard something fall, and immediately afterwards she called out "Oh, you have cut my head open"—she came down immediately and showed me the cut—Brock was upstairs at the top of the house and she at the bottom—it was across her forehead about two inches long, and was bleeding very much—the fall was a loud crack; it sounded something like a chair—it was something coming in contact with the floor—I had seen her the day before I think—there was no cut on her forehead then.
Cross-examined. She went to the cemetery on the Monday—I believe he found the door locked when he came home—I don't know whether he laid down on the floor and went to sleep—I am in the house every day—the deceased went out as usual I believe after 15th April—I saw her go out sometimes—I was told that she had an apoplectic fit—that was on the Saturday before she died—she was sober I believe when she came home.
—she complained of her head, and when I came back I saw her at the King of Denmark sitting on a form—I asked her where she lived—she said she could not tell mo—I got assistance, and she was taken home, and I put her on a sofa—I have known her a year and a half, and never saw her the worse for liquor.
Cross-examined. I saw her well at a little after 10 o'clock going down Chapel Street—she was taken ill at the top of Chapel Street—I saw her again in the public-house at 10.45; she was then apparently in a fit, and the governor was giving her a glass of cold water—she was unconscious—I carried her home and left her in the care of the people of the house, and told them to send for a doctor.
Re-examined. I do not know the names of the people of the house—I don't think they are here.
NOT GUILTY .
THIRD COURT.—Friday, May 30th, 1879.
Before Mr. Recorder.
MR. LILLEY Prosecuted.
(The evidence was interpreted to the Prisoner.)
LUDIN HORTIN (Policeman Y 197). On the morning of May 12th, at about 12.30, I was on duty at West Hill, Highgate, and went to the back of Mrs. Atkinson's premises, where I saw the prisoner half way in through the back kitchen window—when I got into the area towards the prisoner he withdrew himself from the window and I seized him—we struggled, and he got away and fell down some steps and broke his collar-bone—I pursued him and again seized him, and he resisted—I ultimately secured him and took him to the station—the front gate of Mrs. Atkinson's house I know was locked about 10.15 the previous night—I had some special directions with regard to this matter—I subsequently examined the premises and found a large bar in the garden, and also this hammer (produced), which belongs to Mrs. Atkinson.
ELIZABETH GROSE . I was cook to Mrs. Atkinson on 12th May—I was the last. person up in the house on the night of the 11th—the house was closed and secured at 10.40—I closed the back kitchen window and fastened the shutters—the bars of the windows were in their places, fastened on the wooden frame of the window—in the morning I found one of the bars taken out—this hammer, I think, was in the greenhouse the night before—I know nothing of the American cloth—it does not belong to us—I never saw the prisoner before I was taken to the station.
Cross-examined. The bars were fastened with screws; I think they were secure—there is a housemaid in the house besides me.
The Prisoner's Defence. My intention was not to steal, but simply to go in the kitchen. I have seen that lady in the kitchen, and I wanted to go in and eat something. I left Paris only on the 6th April last. I started from Clapham on the morning of the day. I had great difficulty in getting something to eat, because I could not speak to make them understand. I was rather bad off. The little I had was something I had pawned. I certainly did go to the bar, because the bar was rather loose, and presented no difficulty in my pushing it aside.
GUILTY .— Three Months' Imprisonment.
JAMES ARMSTRONG (Detective N). I was patrolling with Detective Fletcher on the morning of the 13th May, about 4.45, when I saw the two prisoners together in Dalston Rise—I followed them, and saw Jennings go into the garden of a gentleman's house, and Johnson stood outside the gate until Jennings came out—we followed into Stoke Newington Road, and Fletcher took Jennings—Johnson ran away very sharply—I ran after him, and called out "Stop thief" and "Police"—Police-constable Baker ran after him, and I returned to the station, and searched Jennings—in his trousers pocket I found this mortice chisel (produced)—it would be used to go under a window to prise up a sash—I asked him to account for it, and he said "Find out; I am a carpenter"—I asked him where he worked, and he said "Find out"—I asked him where he lived, and he said "Find out; I shan't tell you nothing, I am not such a mug as that."
Cross-examined by Jennings. After three or four times you said you resided at a coffee-house in Gray's Inn—you did not tell who your master was.
JAMBS FLETCHER (Detective N). I was in company with Armstrong when we saw the prisoners watching the houses as they were going along—Jennings went into the front garden of a gentleman's house in Amhurst Road—Johnson stood outside watching, and he came out again, and joined Johnson, and they walked very sharply up into West Hackney, by the church, and looked round, and when they saw us they walked off very sharply down Stoke Newington Road, and there we pursued them—I took Jennings, and Johnson ran away—I was present when Armstrong searched Jennings—when the chisel was found he said "Oh, that is nothing!"—we asked him to give an account of himself, and he said "Find out."
JOHN BAKER (Policeman N 42). I was in plain clothes about 5 a.m. on the morning in question when I heard cries of "Stop thief," and I saw Johnson running—I ran after him for about two miles, and caught him getting over the railway walls on to the railway—he said nothing.
WILLIAM CHAPMAN (Policeman N 42). I went to a Mr. Hogg's house in Lordship Road, Stoke Newington, and took this chisel with me—I found a window had been forced open—it had marks on it which I found by comparison exactly fitted the chisel.
Jennings's Defence. I met Johnson a little after five o'clock, and asked him the road. He said he was going the same way, and would show me. We turned the corner of Amhurst Road when two detectives charged us. I did not run at all, and they shouted out to a constable to stop the pair of us. It is an ordinary mortice chisel which I bought at an iron-monger's stall for 6d., and I took it and put a handle to it When I was taken in custody I said, "I am a carpenter, and have several others in my basket."
GUILTY . They also PLEADED GUILTY to having been previously convicted, Johnson in 1873 and Jennings in 1872. Five other convictions were proved against Johnson. JOHNSON**— Ten Years' Penal Servitude. JENNINGS**.— Seven Years' Penal Servitude.
MR. RAVEN Prosecuted.
CATHERINE LYNCH . I am the prisoner's wife—I was married eleven yean ago last March, and have four children by him living—he left me eleven months ago, and I have been living with my mother at 2, Pipemakers' Alley, St. Martin's—he lives at Castle Lane, Westminster—about 10.30 or 10.45 p.m. on 25th April I went to him with three of my children, my eldest daughter being one—I found my husband in and the woman he is living with—I asked him if he would give me a little money to go to market to support the children—he said "I have some money, and if you will wait till the morning I will give you some"—.I slept in a chair in the room with the woman—she never spoke to me or I to her—I did not sleep, but I kept in the chair—in the morning I asked the prisoner if he intended to give me anything, and he said I accused him of being a returned convict to a woman that lived in the same street—I said "I will go with you to the woman and prove I have not said such a thing"—we both went to the house together, and he knocked at the door—she was not in, and we both went back to his room, and I said to my little girl, "It is no good our waiting; we will go"—with that he gave me a blow in the face with his fist as I was sitting in the chair—I said "Come on, never mind; let us go"—I rose, and he said "Perhaps you will have something to go with," and he made his way to me and kicked me on * * *—I said to my little girl, "I am bleeding, Polly; take me out or else I shall die"—I fell on to the floor, and she got me out, and I lay on the pavement bleeding till a cab came, which the prisoner fetched, and went with me to the hospital—he told me not to say it was him that done it, "for while you lie up I shall be as kind as I can to you"—the other woman was in the room asleep when it happened—I had not been drinking with her that night.
Cross-examined by the Prisoner. I was not drunk when I went to you—I did not abuse you—I have never lived with another man—I have a baby by you a year and five months old.
MARY LYNCH . I am getting on for 10 years old—I went with my mother to my father's house, where I saw him and the woman he is living with—my mother asked the prisoner for some money to go to market with—he said he had not it in his hand, but had it upstairs, and he said "If you will wait till the morning I will give you some"—I had my sister and little brother with me—my mother sat in a chair all night—in the morning my mother asked him to give her some money—he said "Wait a minute," so mother said "Come on; he won't give us nothing"—he said" Perhaps I might give you something to go with"—he kicked my mother, and she fell off the chair—she said "Oh, Polly, I am dying"—I lifted up her skirt, and she was bleeding—the woman he was living with locked my mother in the room—I opened the door and pulled my mother out, and put her on the pavement—she said "Oh, be quick, Polly, or I shall be dead," and then the cab-came which my father had fetched, and took them to the hospital—I had not heard ray mother call my father any names.
Cross-examined. My mother has not sold the things off me for drink, but for some grub.
WALTER ARTHUR . I was house surgeon at Westminster Hospital—I saw the woman on the morning of the 23rd, the morning after her admission—she had been previously treated by the assistant house surgeon—she presented the appearance of a woman who had lost a considerable quantity of blood—she was rather blanched, and had a feeble pulse and the appearance of prostration—the hæmorrhage had been arrested—I found a wound on the internal labia about an inch and a half long, a jagged sort of wound—there was also some bruising externally—such injuries might be inflicted by a kick, or by falling on some blunt surface, not on the floor, such a thing as a poker—they were consistent with having been produced by a kick with a boot on—we kept her in bed quiet, and she remained in the hospital until the 28th—I have not seen her since—I then prescribed a tonic medicine for her—whether she has since attended as an out-patient, and seen any of the other surgeons, I cannot say—a wound of that sort might by attended with serious consequences.
WILLIAM SMITH . I am a cab-driver—the prisoner fetched my cab and I took the woman to the hospital—she was lying on the pavement—I helped to put her into the cab—there was a great deal of blood on the pavement—all I could hear her say was "My God, make haste and take me there; I shall bleed to death."
CHARLES MILES (Policeman B 273). I was called to Castle Lane about 10.30 a.m.—I found no one in the street—I saw blood on the pavement—I had looked in the room on the ground floor, where I found traces of blood—I saw the doctor at the hospital and then the prisoner—I told another constable to take care of him—he' said "It was not me that did it, it was another man"—the woman's clothes were—saturated with blood.
Prisoner's Defence. I did not mean to do what I did do. I am very sorry. She aggravated me and spit in my face two or three times, and she was going to take a basin up to strike me with and I made a kick at her to get out of the way of the basin.
Witnesses for the Defense.
MARIA ROBINSON . I am single and live with the prisoner—his wife and children came to see him on the evening of 21st April and stayed all night—in the morning me and the prosecutrix went out drinking together at 5 o'clock at the King's Head—we stopped there a long time and then we took some beer home to drink—after that me and the prisoner and the prosecutrix went out drinking again—then we went home and I went to sleep—I awoke at 4 p.m. and missed them from the room and I looked in the public-house to see if they were there—I was in several public-houses in the morning with them—at the Stag public-house we had rum and beer—she blackguarded him and spit in his face three or four times—I did not say that before because I thought I should be asked—I have lived with him for five and a half years.
the night in question with her little girl—I did not see the other children—I did not see the parties in their room—I know the person who stopped there all night made use of very bad language to her husband—I did not interfere—she called him a w——'s son; a w——'s dropper, and a w——'s melt—I could not sleep—it was something dreadful.
SARAH PLAISAN . I live in the prisoner's house with my husband and sister—I have understood Maria Robinson to be the prisoner's wife—I only know Catherine Lynch by seeing her come to the house night and morning—I was at the street door when she came in with the prisoner and the other woman—I also saw her come with her little girl—her language was dreadful and she insulted me too at the door—I was glad enough to go into my room and get out of it—I have heard bad language before—I did not see anything that happened in the room.
The Prisoner. I am very sorry for what I have done, and I beg for mercy for the sake of my little children.
GUILTY .*— Two Years' Imprisonment.
WILLIAM SAUNDERS (City Policeman 672). On 3rd May I saw the prisoners in conversation in Lower Thames Street, by the dry arch—I was in plain clothes on the footway, and I saw them enter the Steam Packet public-house—I saw this basket standing on the footway, and the smaller one by the side (produced)—I went up to the larger basket and looked in and saw some whiting in it—I then went to the top of the bridge and watched, them for a few minutes—I then saw Petty was in charge of one of Spiers and Pond's covered vans, and Wink then went up and touched the handle of the basket to pull it up close, as it was open a little distance—he then went towards Billingsgate Market, leaving the basket behind—he was absent about 30 minutes; he had nothing with him, and returned with nothing—he stood on the pathway looking up and down the street—Petty then got out of the van, holding something wrapped in paper under his apron by both hands, and stood over the basket and dropped the parcel in—Wink was about four yards from the basket—I told another officer to follow me down the steps—I lost sight of the prisoners for about a minute, and when I went to the steps Wink was standing over the basket apparently taking something from the paper and placing it down at the bottom of the basket—Petty was standing close by—I went up and told them I was a police officer, and wished to know what was in the paper he had put in the basket—they made no reply—I looked in the basket and found it contained four pairs of soles and five pairs under the paper—I told Petty I should take him in custody for stealing the soles—he replied "All right, Sir"—I told. Wink I should take him in custody for receiving the soles well knowing them to be stolen.
Cross-examined by MR. GILL. I have since heard that Petty was for five years in the employ of Messrs. Spiers and Pond—I heard it stated at the police-court by a person in their employ—I am not aware that Spiers and Pond have anything to do with this prosecution—the manager stated that they would leave it in the hands of the Court—they have not instructed
their solicitors in it—when I looked into the basket I was standing where any one could see me—I had no occasion to open it—I looked in at the end—I went on the bridge and remained there 35 or 40 minutes—Petty then went into the public-house with some of the porters—I could not see Petty when he was in the covered van—the basket was about four yards from the van—I was watching to see if anything was placed in the basket—the side of the van was towards where I was standing—the horse was standing with his head towards the South-Eastern Railway—Petty took in the fish at the front of the van—I lost sight of Wink for about a minute—the other constable was six or seven yards behind me—they were very fine soles, worth about 2s. a pair—I left the van in charge of an officer—I did not see the soles in the van—I don't know that the soles bought that day were slips—I saw some soles in the shop, but I do not know whether they were purchased that day—I was told that only two pairs of soles were missed from the van—I was not told that they were small soles—I charged them at the station with stealing nine pairs of soles—I did not see the buyers—the charge was made at the station before I saw Mr. Stovell—I saw a gentleman in Spiers and Pond's employ at the fish establishment—the bridge from which I was watching was about 20 yards from the van.
Cross-examined by MR. D. METCALFE. I don't know whether Wink could see me look into the bag—I think he might—I have made inquiries about Wink—he gave me a correct address, 11, Marshall Street. Golden Square—I have heard that he supplies restaurants with fish.
Re-examined. I find Wink hawks fish in a basket—I don't know that he has ever done anything else.
JAMES THOMAS LOWE (City Policeman 839). From what Saunders said to me I followed the prisoners down the steps in Lower Thames Street—Wink was standing over a basket and Petty at his side—I looked in the basket, and saw soles in a paper and some underneath—when they were charged Petty said "All right"—Wink made no reply.
Cross-examined by MR. GILL. I was about six yards behind Saunders—I have not gone over my depositions this morning with Saunders, nor have I spoken to him about this case—it is about six yards from the bottom of the steps to the dry arch—Saunders had got up to them before I got to the bottom of the steps—I could just see into the basket when I got up.
JAMES STOVELL . I live at 49, Packington Street, Islington, and was at this time manager at Messrs. Spiers and Pond's fish depot—I went to market in the morning and bought 120 pairs of soles at one market—I missed two pairs—I bought another lot—Petty was in charge of the van—I counted the second lot, about five dozen, and they were all right.
Cross-examined by MR. GILL. Both lots went into the van—the 120 pairs were what we call middle sized, not large soles—they cost 10d. a pair—the people in the market counted them in the van about an hour after the prisoners were taken—the Van was still standing in the street—there are often mistakes to the extent of two or three or four soles in the counting in in the market—I said at the police-court that on counting the soles I was three short—I gave evidence on the remand—I said that Petty had been with us four years, and his conduct during that time had been very good—Messrs. Spiers and Pond were not represented at the police-court.
Re-examined. I took the van home—it was in charge of a constable—when mistakes have occurred in counting they have generally been rectified
—I was not present when the prisoners first appeared before the Magistrate—I don't know who this prosecution is instituted by.
By the JURY. The 120 pairs of soles which I say fetched 10d. a pair would not be of the same value as those the policeman describes as being worth 2s.—that would be about the value of the five dozen lot, which were much larger—I missed the two pairs from the 120 pairs.
NOT GUILTY .
FOURTH COURT.—Friday, May 30th, 1879.
Before Mr. Common Serjeant.
MR. W. RUTHERFORD Prosecuted.
JOHN GIBNEY (Policeman Y 520). On 12th May, about 12 at night, I was on duty at Swain's Lane, Highgate, and saw the prisoner standing in the prosecutor's garden close by the front window, and when he saw me he ran out into the road—I overtook him and said, "What were you doing there!"—he said "I was doing nothing"—I took him to the station, and then went back and called up Mr. Tabois and examined the place with him—I found the putty had been cut away from the bottom of the lower panes of the window at which the prisoner had been standing—there are two panes in each part of the window, and large enough for a man to get through—the glass was ordinary window glass—I then returned to the station and searched the prisoner, and found upon him this, farrier's knife (produced)—he described himself as a shoeing smith.
FREDERICK WILLIAM TABOIS . I am superintendent of the Highgate Cemetery, and live in a detached house in Swain's Lane adjoining the cemetery—between 12 and 1 a.m. on the 13th I was aroused by Gibney, and by the light of his lamp I saw that the putty had been cut away from the bottom of the lower pane at the right-hand side of the window—it appeared to have been recently done; the broken putty was on the window sill—it is a large pane, and a man could get through into the room if the glass had been removed—there are not many houses near—the house is on the top of a slope, and the garden is on the right and left of the steps leading up to the front door and to this window—it is very easy of access.
The Prisoner in his defence read a statement that he was a hard-working man with a wife and seven children, and had met with two serious accidents, the second being that of a broken jaw by a kick from a horse he was shoeing in December last; that by the doctor's advice he had been in the country, and, was walking from Finchley, where he had been working, and he met the policeman, who asked where he was going, and on being told he was going to the Kent Road he said, "I know you won't; you will go with me," and arrested him.
By the JURY. There is a gateway, and there would be no other way out except over the hedge—it is eight yards between the garden and the window.
NOT GUILTY .
MR. GROGHEGAN Prosecuted; MR. PURCELL Defended.
FRITZ HUNDHEIM . I am a waiter and live at 2, Porter Street, near Leicester Square—I was walking through Porter Street on 9th May, about 11.40 p.m., and saw five men standing by a public-house on the opposite side of the street—I had my keys in my hand and three shillings, a sixpence, and twopence halfpenny in bronze, and a corkscrew in my trousers pocket—the prisoner Robarty came to my right side and said "Old man, are you going home?"—I said "Leave me alone; do not speak to me"—I had seen him before many times—Burke came on my left and struck me on the nose, knocking me down—the blood came—I got up and caught hold of him and called "Police!"—it was all done in a moment—three other men came up and they struck me behind and before, and the prisoners took from me my corkscrew and keys and 3s. 8 1/2 d.—I held them both, but had to let them go—the other men said "We will kill you if you don't let them go"—I told a man to fetch a policeman and I gave the prisoners in custody in a fried-fish shop, distant about six minutes' walk—I had had something to drink, but knew what I was about—I had often seen the prisoners about before, nearly every day, and they are the men who attacked me.
Cross-examined. I was coming from the Crown Hotel—I was quite sober—I had been drinking—I drink ale or stout every day—I do not remember at the police-court saying "A few nights before I had charged a man with stealing from me"—he was not taken in custody—I do not remember charging a man before with robbing me and the policeman refusing to take him because I was drunk—the live men were near the public-house—the public-house was open—the prisoners were taken half an hour after the assault sitting in a fried-fish shop eating fish, about five minutes' walk from where the assault took place—there are four compartments in the shop—I looked into the compartment where the prisoners and other men were sitting and then passed on to another compartment to look for the other three men, and then returned and said "These two are the men"—I do not know Mary Ann Crowder—my money was all in one pocket—the prisoners took hold of me one on each side and put their hands in my pockets—I said at the police-court "Burke came from the right and caught hold of me, and Robarty from the left"—I might have made a mistake—I am not quite lure which was on the left and which was on the right.
Re-examined. I leave business very late—there is a little court off Porter Street—they would have to pass by that court where the corkscrew was found to get to the fried-fish shop—I can swear to the corkscrew, it has the name "Pickel" upon it (produced)—that is it—the fried-fish shop is in a public thoroughfare leading to Seven Dials.
By the COURT. I was hurt all over—my employer told me to go to a doctor, but I did not like to go—I feel the pain still.
WILLIAM MORTIMER (Policeman C 94). On 9th May, at 11.55, the prosecutor came to me in King Street, Soho—he was drunk, but knew what he was about—his nose was bleeding and his mouth cut—in consequence of what he said I went with him to a fried-fish shop in Grafton Street—there were about ten people there and the shop has three or four compartments—he walked into the first comparmen' an I looked in, and then Went to the outside
of the next compartment and looked in there—he then turned back and said "These are the two"—they were sitting in the first compartment—he said "I charge them with stealing 3s. 6d. and assaulting me"—the prisoners both said they knew nothing about it—another constable was fetched and they were taken to the station and searched—on Robarty was found threepence and a penknife, and on Burke four shillings and a penny—I do not know the court where the corkscrew was found.
Cross-examined. The fried-fish shop is about three minutes' walk, (150 or 200 yards), from where the robbery took place—there is a good deal of traffic—I know nothing of Robarty—I have made inquiries—I do not know Mr. Woolley, card maker, High Holborn; or Mr. Hatchett, wholesale stationer, Strand—he said he had been working in the Strand, but would not tell me where—I know Burke as an associate of thieves, but I do not think he has been convicted before.
Re-examined. I know the public-house, and the nearest way from there to the fried-fish shop would be to go by Newport Court or Prince's Court.
WILLIAM SPOONER (Policeman C 86). On Saturday morning, 10th May, I found this corkscrew (produced) at the end of Prince's Court in the gutter—you would have to go to Newport Court and Prince's Court to get into Grafton Street to the fried-fish shop—I do not know if it is the nearest way.
Witness for the Defence.
MARY ANN CROWDER . I work at home with my mother since I left my place—my father is a lithographic music printer—I saw the prosecutor in Porter Street on Friday or Saturday night, about 11.30 or 11.50—I was coming from the public-house where he works—my father and mother use the house, and I went there to look for them—I saw five young chaps round him; I know them by sight, and can swear to them all; I also know the prisoners by living about the neighbourhood—the five lads laid hold of the prosecutor, and knocked him down on the kerb—the two prisoners were not there, nor either of them—I can swear they were not in the street when the robbery was done—I was not at the police-court; my mother would not let me go.
Cross-examined. The prosecutor works at the Cranbourn—I was then that night, but did not see him there—I saw him in Porter Street—it was about 11.30 or 11.50 when I was returning from the Cranbourn—I know the prisoners by living about the neighbourhood, but have never seen them together before—the other five lads come up and dawn Prince's Court, bat do not live in the neighbourhood—Burke lives at 23, Prince's Road—I do not know where Robarty lives—Prince's Road is the next turn from Porter Street—I do not know the names of the other five lads, but know them by sight—they came all together upon the prosecutor, and not two first and three afterwards—I did not see any one put his hand into the prosecutor's pocket—I saw his nose bleeding—I could swear to the five men and have given the police a description—one was tall and dark with a pepper and salt suit; another had corduroy trousers and a frock coat; another had a light suit; another a black suit, and another had a pair of light fustians.
Re-examined. I was on the opposite side of the street when the assault took place.
NOT GUILTY .
MR. RAVEN Prosecuted; MR. STEW WHITE Defended.
ELIZABETH, DEEKS . I am the wife of William Deeks, 12, North Street, Manchester, Square—on 25th March, between 3 and 4p.m., I was walking in the, Seven Dials, and had my daughter with me 15 years of age—I went into a bird-seed shop, leaving my purse with my daughter, who was just handing it back to me as I came out, when two men came between us, and snatched it out of my hand, and ran away together into a court in Porter Street—I followed them, but a crowd got between us, and I left them—before they took the purse they had followed us for some distance, and I saw the prisoner so as to recognise him, and pick him out amongst several others at the police-station—I saw nothing more of him—from the description I gave of him I was taken to identify him at the police-station—I have no doubt he is one of the men who took my purse and 7s. 1 1/2 d. and a box-key—I knew him again directly I saw him—the key has not been recovered—he had been following us; I noticed them before I went into the shop.
Cross-examined. The purse was between us, and I had just got hold of it as it was snatched from my hand—my daughter had my purse, and was waiting for me, and looking into the window, and I had just come out of the shop—I did not look in at the window—there were several people pass-ing—I do not know much about the Dials—I can swear the prisoner is one of the two youths who took my purse—I followed them into a court in porter Street, and they went into some bouse and banged the door, and a lot of people were there and said, "You can't find them"—I identified the prisoner about a fortnight ago at Marlborough Street—he was with about 15 or 20 others in a long row—there were several like the prisoner—they looked about bis age and size.
Re-examined. I had noticed the prisoner and somebody else loitering behind us, and had noticed them sufficiently to identify the prisoner.
WILLIAM BISHOP (Detective). On March 25th complaint was made to me of a robbery, and I afterwards fetched the prosecutrix to the station and placed the prisoner among a number of other lads from the street—he was dressed at now.
Cross-examined. I have beard the last witness's evidence—I did not count the lads; there were 12 or 13—some of them were dressed very nearly like the prisoner.
GUILTY .(†)— Fifteen Month' Imprisonment.
JAMES BUXTON (Police Sergeant). I took the prisoner coming out of Coldbath Fields Prison on April 26th, where he had been undergoing a sentence of three months' imprisonment—I charged him with marrying Henrietta Seymour, while his wife Margaret was alive—he said, "I heard she was dead"—I had seen her a night or two previously—I never saw Henrietta Seymour until at the police-court—I knew the prisoner's wife—whilst he was in prison undergoing seven years' penal servitude she lived with another man—the prisoner was liberated in 1877.
CATHERINE MELANEY . I am a single woman, at 89, Beaufort Street, Fulham Road, and was present at the prisoner's marriage with his first wife at Christ Church, Marylebone, and signed the register as a witness—the prisoner is the man.
Cross-examined by the Prisoner. I said at the police-court I had great doubts as to whether you were the man—I had doubt about you at first—you lived at Old Park, Paddington, when first married—I have seen you four or five times since—the last time was at my niece's, about six months ago, it might be more—I did not know you then—I might have said in my de positions that I had not seen you for five or six years, but I have forgotten—I have seen your first wife a fortnight ago—I wrote your letters, and wrote letters to her fur you—I do not recollect when I wrote last, and did not know that a letter was written to the Governor of the Prison, in which she declined to have anything more to do with me, or that a letter was written to the chaplain saying that she was dead—I did not see her for a long time until this case was pending, and did not know how she was living—she is living with another man.
JAMES BUXTON (Re-examined). I produce a certificate of marriage—I examined it with the original at the church on 1st March. (This certified a marriage at Christ Church, St. Marylebone, March 11th, 1871, of George Garrod, bachelor and carpenter Shirley Place, to Margaret Farren, of full age, spinster.)
HENRIETTA SEYMOUR . I live at 24, Pond Place, Chelsea—I was married to the prisoner on August 12th, 1877, at Christ Church, Chelsea, after a courtship of about five months—he represented himself as a carpenter, and to be a single man, and I believed him to be so up till a fortnight before he was given into custody—I never heard of his former wife or received any letter from her—I received information about six weeks ago that his wife was then alive—he has been a good husband to me, and a good father to my child, very kind and hardworking, and it is. not my wish that this prosecution should be made—I never heard him speak of his former wife, and had no idea he was married—this is the certificate of my marriage, and this is my signature and the prisoner's. (This described George William Garrod as a bachelor.) I received a letter from some person with no signature.
The Prisoner in his Defence read a statement, acknowledging both marriages, but stating that during his imprisonment a letter signed Am Sullivan had been sent to the prison, stating that his wife was dead, and that he married again, believing his wife to be dead.
GUILTY. Strongly recommended to mercy by the Jury. — Six Month' Imprisonment.
THIRD COURT.—Saturday, May 31st, 1879.
Before Mr. Recorder.
Before Mr. Recorder.
Before Mr. Common Serjeant.
577. JOHN THOMAS (38) PLEADED GUILTY to stealing a brooch and I thermometer from John Aycock, an opera glass and cameo of Clara Archer and to stealing three rings, value 23l., and a table cover value 1l., the property of Arabella White, in her dwelling house, having been previously convicted offelony.— Two Years' Imprisonment. And
578. WILLIAM HINGLEY (23) also to burglary in the dwelling-house of John Honey, and stealing therein a book and concertina; also to burglary in the dwelling-house of Jane Jones, and stealing therein five bedgowns and other articles; and to stealing a hamper and 48 jackets, a coat, and five skirts, the goods of the South-Eastern Railway Company.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. DIXON Prosecuted.
GEORGE TAYLOR . I live at 14, George Road, East Greenwich, and am gardener to Mr. Peebles, at Crath Nithen Lodge, St. John's Road, Black—heath—I was left in charge of the house in his absence during May, and went away at about 6.50 a.m. on the 7th, leaving the house secure—I returned about 8 or a little before, and found an entrance had been forced by the area door, and that three pairs of boots had been stolen from behind the door of a spare bedroom—I had seen them safe before—I did not miss anything else.
REUBEN TOMPSETT . I am coachman to Mr. Peebles—I recognise the boots produced—I know them by their general appearance, being used to them, having cleaned them for the last 15 months—I produce a similar pair, which have not been used—we also missed some American, Austrian, and French coins.
GEORGE BARR . I am assistant to Mr. Mumford, Nelson Street, Greenwich, pawnbroker—Martin came at about 9 a. m. on the 7th May and pledged this pair of spring-side boots for 5a. in the name, I think, of William Brown, and they were taken out on the 8th by Covill, who said "Are the boots worth the money that was lent on them?"—he did not mention the amount; he had got the ticket—I said "I think they are," and he redeemed them, but brought them back next morning and repledged them—I know both the prisoners as customers of ours.
Cross-examined by Martin. You have frequently bought clothes from us and sold things to us—I know you deal in secondhand clothes.
By the COURT. He takes a barrow round, and will buy anything.
Cross-examined by Covill. You said "I have bought a ticket; are the boots worth the money, 5s.?"—I said they were, and then you said "What is the interest?"—I said "1 1/2 d."—you said "Will you lend me the same on them?" and you came back on the 9th and repledged them—you might have said they were too big for you, but I do not recollect—you then asked me what the ticket was worth, and I said 2s. or 2s. 6d., and you said "Then I am not much out, because I gave la. for the ticket."
By the COURT. He said that after he had pledged the—he gave me 5s. for them when he took them out the first time.
HENRY PHILLIPS (Inspector R). I visited the house of Mr. Peebles on the 8th May, and found that an entry had been made by pushing open the kitchen door, breaking off the lock (produced); no jimmy was used—from information received I sent an officer to the pawnbroker's, and discovered that the boots had been pledged, and the names and descriptions of the persons were given to me on the 9th May about 10 a.m.—I saw the prisoners on the 9th seated on a costermonger's barrow on Maze Hill, Greenwich Park—I said to them, "I want you with reference to some boots that have been pledged at Mumford's at Greenwich; I believe them to be the proceeds of a case of housebreaking"—Covill said "All right, I can soon answer that; I bought a ticket of a pair of boots of a man; I took them out; they did not lit me, and I repledged them," at the same time handing me this ticket—I took them to the station, and read the charge to them after the boots had been identified by the servant, and they made no reply—Martin gars no explanation before his statement at the police-court.
Cross-examined by Covill. You said immediately, you had pawned a pair, and gave me the ticket after you were separated at the police-station—I know you are a muffin and crumpet maker—I said "You had better tell me who you bought the ticket from"—you said "A man," and on my repeating the question you said "I bought them of Martin"—the prisoners get their living by buying and selling bottles, rags, and refuse.
HENRI GOODWIN (Police Sergeant R). I was with the last witness when the prisoners were apprehended, and I took Martin to the station—he did not speak until I was putting him in the cell, when he said "I can prove where I got those boots; I bought them."
Cross-examined by Martin. You did not tell me you bought them in Petticoat Lane.
The Prisoners' Statements before the Magistrate. Martin says: "I know nothing of the robbery; I bought the boots." Covill says: "I bought the ticket of this man Martin and gave him a shilling for it."
MARTIN— GUILTY .*— Nine Months' Imprisonment.
COVILL— NOT GUILTY .
Before Mr. Justice Stephen.
Before Mr. Recorder.
MR. RIBTON Prosecuted.
HENRY MAY . I am a pawnbroker of 162, Deptford Lower Road—on 1st May, about 8.55, I missed a boy's suit of jacket, waistcoat, and trousers from outside the shop—I had seen them safe about 8.45—I have information to the police—my errand boy brought the jacket into the shop.
ISAAC WILLIAM DRISCOLL . I am assistant to Mr. May—on the evening of 1st May, about 8.45, I was carrying some goods from outside the shop to the inside, and I saw the prisoner running from the shop, about 20 yards off—I ran after him and saw him chuck a jacket over into a garden—I am quite sure he is the man, I had seen him pass the shop two or three times
—next evening I was taken to the station, and picked him out from I tight or nine others.
JAMES FOLEY (Detective R). I received a description from Driscoll and took the prisoner on the 2nd—I took Driscoll to the station and he was shown the prisoner with five or six others, and he identified him in a moment—when I told the prisoner the charge he said "You make a mistake, I know nothing of it"—I had seen him about 100 yards from the shop on the 1st, near on 9 o'clock, just about the time the things were missing.
Prisoners Defence. The boy is swearing false to me; the person he saw is now doing one month at Wandsworth, and he sold the things for 6s.
NOT GUILTY .
MR. LILLEY Prosecuted.
PETER GOODALL . I am a printer and live in Molyneaux Road—on Saturday afternoon, 19th April, about 5 o'clock, I was in Woolwich—I had two 5l. notes, 1l. in gold, and some silver—I went into the Coach and Horses—I did not go there with a woman—I do not recollect any particular persons there except a man calling himself Newton, who introduced himself as an old friend—this money was in one purse, I was using another purse for what I was spending—I missed the purse and money later in the evening, near 10 o'clock, as I was going home in the ferry—I was in another public-house after leaving the Coach and Hones; in felt myself I was in such a state I did not wish to be in the street—previous to going there I went into an eating-house and had some tea, and I believe the prisoner was there, so I have been told—on the Monday a policeman showed me my purse in which the money had been—I was in no house but the eating-house with a woman, or in front of the bar, not for any immoral purpose.
Cross-examined by the Prisoner. I do not recollect wanting you to go home and live with me; or wanting to buy you a pair of boots—I do not remember putting the purse into your hand and asking you to stay with me till Monday—there was another woman in my company before you; that was a long time previous—my drunkenness came on all of a moment, from what cause I don't know.
GEORGE FLEW . I am landlord of the Coach and Horses, in High Street, Woolwich—on Saturday afternoon, 19th April, I saw the prosecutor and prisoner there in company with a man who said his name was Newton—they were there 10 or 20'minutes—the prosecutor was drunk, the prisoner was sober—I served him with some ginger-beer, I would not let him have anything else; he wanted something else—they all three left together; Newton went to the right and the prisoner and prosecutor went about 30 yards across the road to some dining-rooms—in about three-quarters of an hour the prisoner cam. back to my house—she' showed me two 5l. notes and asked me whether they were good; I said I believed they were—she said would I change one—I said "How did you come by them?"—she said "The gentleman you saw me with a little time ago gave them to me"—I said "You fetch the gentleman and I will change one"—she did not bring him and I did not give her any change—I handed the notes back to her.
ENOCH HUNT (Policeman R R 34). I received information and about 11 o'clock that same evening I met the prisoner in High Street—I told her I should take her into custody for stealing two 5l. notes and some gold from the prosecutor—she said "What about notes, I have seen none?"—I said "Yes you have, you must accompany me to the police-station"—she then said "I had the notes, they were no good, I broke them up and burnt them"—the prosecutor was with me at the time, she pointed to him and said "That is the man I had the notes from"—the prosecutor was quite stupefied.
SUSAN CRONIN . I am female searcher at the Woolwich Police-station—I searched the prisoner when she was brought there—I found in her bosom this purse containing 1l. 9s. 4d., and 15s. 7d. in her stocking—I gave it to the inspector and the prosecutor identified it.
NOT GUILTY .
MR. PURCELL Prosecuted.
MARY ALLEN . I live at 10, Methley Street, Kennington Park—at 5.45 on the 23rd April I was aroused by the police—I went downstairs, and missed stockings and boots, two coats, and a pair of spectacles, which were all safe in the kitchen at 12 o'clock on the previous night—the kitchen window was shut at night—I went to bed at 12.30—this coat (produced) is a part of the property.
FREDERICK COLE . I live at 14, Methley Street—at the time in question I was in bed, and was aroused by a heavy footfall in the yard—I lifted the corner of my blind, and looked out, and saw the prisoner on the wall which divides the two houses, with a sack in his hand—I slipped on my trousers and a pair of slippers, and went down—I missed the landlady's whitewash brush—I went out and saw the prisoner in Mrs. Allen's garden crouching down by the flower bed—I asked him what he was doing in the garden that time of the morning, and he said "Nothing"—I said "You be d——d for a tale; you are doing no good in the garden this time of the morning"—he climbed over the wall, and I ran along the wall at the end of our garden, and running along Mrs. Allen's wall I did not notice the glass on the wall, and I cut my foot, and I had to take the glass out, and lost sight of the prisoner—I afterwards went to Kennington Cross, and spoke to a constable off duty by a coffee stall—we found the sack in one of the gardens, containing bacon, dripping, butter, eggs, and several other articles, which the police took possession of.
Prisoner's Defence. People buy tickets of others. How can I speak on my own behalf. I have no one to call.
GUILTY .** He also PLEADED GUILTY to having been convicted of felony in May, 1873.— Eighteen Months' Imprisonment.
MR. TAMPLIN Prosecuted.
NOT GUILTY .
Before Mr. Recorder.
587. HENRY STANBOROUGH (38) and ABRAHAM DOWNTON (54) were indicted, Stanborough for unlawfully selling divers property, the goods of his creditors, and Downton for aiding and abetting him. Other Counts for conspiracy.
MESSRS. BESLEY and TICKELL Prosecuted; MR. HORACE AYORY Defended.
Stanborough and MR. FULTON Downton.
HENRY ALFRED STACEY . I am Superintendent of Records to the Bankruptcy Court, Lincoln's Inn Fields—I produce the bankruptcy proceedings with reference to Henry Stanborough—the petition is dated 2nd November, 1878, by Brown and Sons, of Half Moon Passage, Whitechapel, provision merchants—Stanborough is described as late of 119, High Street, Peckham, and 7, Middle Street, Sumner Road, Peckham, cheesemonger—the petitioner's debt is 80l. 16s. 8d. for goods sold—the act of bankruptcy was departing from his place of business, with intent to defeat and delay his creditors—he was adjudged bankrupt on 8th November, 1878—there is a transcript of the examination of Stanborough on 13th January, 1879, and of Downton on 22nd January, 1879—a statement of affairs, dated 27th November, 1878, filed by the bankrupt on 13th January, 1879—the assets are nil and creditors unsecured 294l. 16s. 1d.—Downton's name is not in the list of creditors.
Cross-examined by MR. AVORY. The trustee was appointed on 27th November, 1878.
Cross-examined by MR. FULTON. It nowhere appears on the proceedings when these debts were contracted.
Re-examined. There are 19 creditors disclosed altogether, making 294l.; 17 of them are under 257.; the debt of Brown and Sons is 80l. and Ford's 60l.—Brown's was for goods supplied in September, 1878. (Charles Leggatt Barber and Michael McCart, shorthand writers, proved the examinations of the defendants at the Bankruptcy Court.)
FREDERICK HARRIS . I am clerk to Messrs. Keen and Marsland, solicitors, of Mark Lane—they are solicitors to Mr. Ford—I produce the writ and judgment in an action of Ford v. Stanborough—the writ is dated 9th October, 1878, and the judgment the 22nd October, 1878, and the amount of the judgment is 60l. 1s. 6d.—the claim was in respect of a bill of exchange given for goods sold—the Sheriff seized, and 8l. 2s. was realised.
GEORGE CHESMAN CORRY . I am traveller to Messrs. George Brown and Sons, provisions merchants, of Half Moon Passage, Whitechapel, who appear in the fist of creditors for 80l. 16s. 8d.—the goods were supplied in
August and September, 1878—on 23rd October, 1878, between 12 and 1 in the day, by my principal's instructions I went to 110, High Street, Peckham—I found the shop closed; I endeavoured to get admission, but could not—at that time about 20l. or 30l. was owing—in consequence of inquiries I made I went to 7, Middle Street; I saw a van at the door; that was the removal of the furniture under the marriage settlement—I could not ascertain where the bankrupt was on that occasion.
(The deposition of Mr. Freeman was read which stated that he had purchased from Downton for 50l. the stock and fixtures of 119, High Street, Peckham.) I was present when the contract was made—it was arranged that I should go in and manage the business for Mr. Freeman—I have since paid Mr. Graham, the landlord, the rent.
Cross-examined by MR. FULTON. I have known Downton seven or eight years—I never knew anything against him—he was traveller to Lascelles, Merry, and Co.
EDWIN CHARLES GARNHAM . Stanborough took possession of the shop under this agreement, and opened it as a cheesemonger's—I allowed Mr. Freeman to become the tenant from October—I saw the stock taken away and the shop closed.
FREDERICK WOOD . I live at 9, Short's Buildings, Clerkenwell, and am carman to Mr. Tripp, a master carman—I went to 119, High Street, Peckham—I don't know on what day—I met Downton and some gentlemen at the gate—Downton engaged me—it was about 10 or 11 o'clock when we started—we did not go to 119, High Street; we stopped at the public-house—I did not go to the front, I went to the back, up a court out of the High Street—Downton showed me the way to go—I saw Stanborough while I was there—the things were brought down the passage and put in the van, and we took them to Mr. Sutton's, in St. John's Lane, and the goods were unloaded in his shop.
Cross-examined by MR. AVORY. Stanborough said nothing to me about any goods.
Cross-examined by MR. FULTON. The goods were taken out the back way for convenience, because they should not interrupt customers in front—I never went to the front at all.
By the COURT. Stanborough saw the goods come out.
GEORGE FREDERICK SUTTON . I live at 11, Madras Terrace, Liverpool Road—I am in the provision trade—I was living in St. John's Lane—I occupied it for about six months—I gave it up two or three months since—I have no other warehouse—I am a lodger, at present, out of business—I frequently saw Downton—I think I saw him the day the goods were delivered—after they had been delivered I saw him nearly every day; he spoke about some cheeses—I was under the impression that he was going to send me some goods—he said, "When you have seen them you can put a price on them—he did not tell me to whom they belonged—I thought they belonged to himself—they were brought in a van on October 22nd—I sent a copy, of the goods I bought to Messrs. Carter and Bell (the total amount of this was 57l.178. 2d.)—I agreed to buy at that price—I paid nothing on that occasion—the goods were left with me—I gave him a cheque for 10l. on account a weekor 10 days, afterwards, and another for 2l.10s.—I think he had two cheques and two bills, making 57l.—I have not paid any money in respect of the bills; they were due on March 1st—they were drawn on October 26th at four months—they were presented for payment when I was out—there is no drawer's name to one of them.
Cross-examined by MR. AVORY. I did not dishonour the bills on account of the informality of their being drawn on February 29th; I had not the means—the bill that has no drawer's name to it is for 20l. 0s. 8d.—I think Stanborough said that was to be paid at Messrs. Lascelles, Merry, and Co.
Cross-examined by MR. FULTON. I knew that they were Downton's employers—I had done business with them through Downton several times—he had been in the habit of calling on us for them—I have done lots of business with Downton besides this item—I think he told me when he gave me the bills that part of the money was due to himself and Stanborough, and part was due from Stanborough to Lascelles, Merry, and Co.—I know the bill was to be paid at Lascelles's, and that was the reason the blank was left, in order that Lascelles might fill in the name as drawers.
GEORGE WILLIAM LOUIS BUCKLAND . I am clerk to Messrs. Lascelles, Merry, and Co., provision merchants, 49, Lombard Street—Downton has been acting as a servant of theirs close upon a year—I have known him for the last five years; he was some years previously in the employ of Merry and Son, and he was taken on by Lascelles and Merry—I have heard that he bought goods on his own account and sold them—on 1st October, 1878, there was a debt due by Stanborough to our firm of 20l. 0s. 8d.—this bill was never formally given over into our hands, but we knew of its existence—when we heard that Stanborough was going wrong I spoke to Downton, and he said he held a bill for us; that was about the end of October—he said he had taken means to secure our debt, and that he would bring the money for it as soon as a certain bill became due—I told him to hold the bill till it became due—I did not know at that time that he had closed his shop and moved his furniture, or that there was a petition in bankruptcy and a seizure by the Sheriff—I heard that Stanborough had filed his petition; that was all I heard—I did not get any money on 1st March—I have never had possessoin of the bill; except in Downton's hands acting as agent for us we did not prove in bankruptcy—we have not had the money.
ROBERT FORD . I am the trustee of this estate—I was plaintiff in an action of Ford v. Stanborough for goods supplied to him on 2nd August, 1878—in payment for those goods he gave me this acceptance for 59l. 18s. 8d., on which I brought the action—since I have been trustee he has not handed over to me any goods or property whatever—the first time I heard of the stock being removed and the lease being sold was at the examination at the Bankruptcy Court—he has given me no books or invoices—I have not applied for invoices since the examination—I visited the shop on Saturday, the 18th—I then saw him doing business there; a good many persons were in the shop, and as far as I could judge there was stock there worth from 60l. to 80l.; I passed by it three times.
Cross-examined by MR. AVORY. The Sheriff levied on the furniture for us; I have no knowledge of what he recovered; our solicitor said that about 2l. would be coming to me after the expenses were paid—I have not had the 2l. yet—I was appointed trustee on 27th November—I have no particular reason to believe that Stanborough ever had any books—the stock was sold far 57l. to Mr. Sutton—I would not say it was worth more.
Cross-examined by MR. FULTON. I did not inform Downton that if he paid 107l. 15s. I should be satisfied—I never instructed such a communication to be made to him—Carter and Bell were solicitors for the bankruptcy, not my solicitors, but being trustee I suppose they were nominally acting for me—I know of no letter of 3rd January, 1879, from them to Downton; I suppose they were acting for Brown and Sons, the largest creditors.
WILLIAM CARTER . I am one of the firm of Carter and Bell—we are solicitors to Messrs. Thomas Brown and Co., and have acted in the bankruptcy proceedings from the time the proceedings were taken in the Bankruptcy Court—we are acting as agents for the Treasury in this prosecution—there is no foundation for any suggestion that there was at any time any desire or intention to take money from Downton to stop the prosecution—after his examination, and the disclosure of the 57l. 15s. 5d. and 50l. we required payment of the money, and did not get it.
Cross-examined by MR. F. FULTON. Downton's examination was on the 22nd of January—this letter is signed by me for my firm. (Read: "30th January, 1879. Sir,—Re Henry Stanborough. The trustee is advised that the steps you took in relation to the business of the bankrupt as to selling the goodwill for 50l., and the stock for 57l. 15s. 5d., were not lawful as against the creditors, and we have therefore to apply to you for the payment of 107l. 15s. 5d., and if not paid to move the Court in respect thereof. Will you be good enough to say whether you are prepared to pay this to the trustee, or any part thereof? Signed, Carter and Bell.") Mr. Cooper Willis advised that the money belonged to the creditors—the trustee is not informed of every step taken in bankruptcy; we hold his retainer, and we do what is necessary—the letter was written in consequence of Mr. Cooper Willis's advice—Mr. Downton was first examined at great length, and then on the 30th we wrote that letter—the order for this prosecution was dated the 7th March.
Re-examined. This is the answer to our letter of the 30th January. (Read: "4th February, 1879. Messrs. Carter and Bell, re Stanborough. In reply to your request for the payment of the sum of 106l. 15s. 5d. by me to the trustee of the above estate, I beg to say I am not prepared to pay that or any other sum. A. Downton.") The application to the Court was by the advice of Mr. Willis to apply in the Bankruptcy Court to get the money—on getting Downton's letter we proceeded to the Court, and took their directions upon the whole matter—there was no view at all of getting money for the purpose of stifling the prosecution.
GUILTY . STANBOROUGH— Three Months' Imprisonment.
DOWNTON— Two Months' Imprisonment.
Before Mr. Justice Stephen.
MR. HIND Prosecuted; MR. LILLEY Defended.
FREDERICK LAUGHTON . I am a railway clerk, and live at 47, Bird-in-Bush Road, Peckham—the prisoner was in my employ—I had been to church on Sunday evening, May 11th; I came home about 9 o'clock with some friends, and there were other persona in the house—when we got home the prisoner and her sister, and my wife and Mrs. Dawson, Mr. and Mrs. Morton, and Mrs. Fitter and her child—they came to supper
with me, and when they were about to leave, a smell of burning was discovered, and one of them went upstairs to a bedroom—I then went up, and saw the bed in flames, and the room full of smoke; I called for water; the prisoner brought it, and with assistance I put the fire out; no fire had been lighted in that room—two of my friends then left, and about an hour afterwards some drawers were found burning in the breakfast-room; they were extinguished, and about an hour or an hour and a half afterwards a third fire was discovered in the breakfast-room in the book-case; Mr. Morton and I put it out, and about a quarter of an hour afterwards a fourth fire was discovered; some wadding was burning: that was extinguished, and about half an hour after that a fifth fire was discovered by the side of the breakfast-room; two table napkins were found to be on fire, that also was extinguished—about 9.30 a. in. a sixth fire was discovered in a bedroom, some ladies' wearing apparel was on fire, and the shelves—that was extinguished by the Rev. Mr. Hazell, and no further fires occurred—the prisoner was sent out once on the Sunday evening, but not by me—she was in the house on the Monday morning—I asked her on the Sunday evening if she knew whether there were any candles in the house—she said "No"—I did not say anything to her about the fires on the Sunday evening.
Cross-examined. I did'not go out at the same time as she did, but Mr. Morton did—she went to church and returned about 8.30, or probably a little later; she returned before me with her sister—I had been in the house two hours before an alarm of tire was given, that brought it up nearly to 11 o'clock—Mrs. Dawson was the first person to go upstairs and discover the fire—I had two men in to help extinguish it, and gave them some refreshment and some money—I gave them two bob and said that I would give them two more when I got the insurance—I was up all night, and the persons I have mentioned were all there except Mrs. Fitter and the child—the prisoner went out for a policeman—I do not know who sent her—I have heard that she is only 13 years old—there has been no altercation between her and I, nor with my wife to my knowledge—I had not lighted a fire myself in the grate in the breakfast-room when I came home from church, and I do not believe that there was one then, but there was one about 4 o'clock in the morning—I recollect coming down and finding the prisoner apparently asleep in the room filled with smoke, and I said to her "There is another fire, and in another five minutes you would have been suffocated, and you would have looked a pretty dear"—I told her about 8 o'clock in the morning to go and empty the slops in my bedroom, I was then in the breakfast-room—I did not stand on the stairs while she went up—my bedroom is on the first floor; there is a second floor—I told her to empty the slops as quickly as possible and to come down to the kitchen—I told her at some time in the morning to go to bed—she came down again before 8 o'clock—I don't think she said she was so frightened she could not sleep—my wife was up—I do not know, whether the prisoner spoke to my wife during the night—I had told her from time to time to keep a look-out in case there was another fire, and to have a pail of water in readiness—Mr. Morton, I believe, went out for a policeman about 3 o'clock—I removed the burning wadding into the garden, saying that I was afraid of it; I said "This is the stuff that is doing the fire"—the prisoner slept at the top of the house—she had a lamp in her room which she used to light when she got up there—I provided her with the same kind of matches which I use—I sent her to bed
before 7, and she came down about 8—I did not observe the time, she was upstairs, but about three hours—I laid down in the drawing-room, but did not go to sleep, at the time she was sent to bed.
Re-examined. Mr. Morton and the prisoner went out for a policeman at the same time, and they came back together.
ROBERT MORTON . I live at 168, Camden Grove, North Peckham, and am an outfitter's manager—on Sunday evening I went to Mr. Laughton'e house after church—I know the prisoner, her sister is in my service—we had supper about 9.30, and when I was leaving, about 10.45, Mrs. Dawson called out—there was an alarm of fire—I ran upstairs and found the bed on fire and the room full of smoke—I called out for Mr. Laughton and to the prisoner to bring some water—she brought some, and with the assistance of some men who came on hearing the shouts, we extinguished the, fire; the men went down and had some refreshment and left—in about an hour afterwards we were downstairs in the breakfast-room, every one except the prisoner, who, I believe, was in the kitchen, and there was the smell of burnt paper—I found a cupboard in the basement in flames, the flames were coming from under the door—I called to Mr. Laughton, who was at the top of the house, to make haste, as there was another fire—I got a pail of water and threw it under the door; he opened the door and throw a second pail of water in—we put the fire out—a muslin dress was burning, to the best of my judgment—after that every one but the prisoner went upstairs to the parlour, and while we were sitting there the prisoner's sister left, and I sent to tell the prisoner to go to bed—on my return I saw more smoke coming from the breakfast-room—I ran upstairs and saw the prisoner sitting in the breakfast-room near the fireplace—the room was full of smoke, and a flame was coming from the book-case—I believe she had been told to light a fire in the breakfast-room, but I do not know; that fire was put out, and Mr. Laughton and myself said to the prisoner "You had better have some water about the place in case any other fire should break out"—she went to the right and I to the left, and when I returned she went downstairs and then called out, "Oh, here is something burning"—she was then in the break-fast-room—I ran down, and some wadding was burning in a cupboard in the breakfast-room—I threw some water over it and put it out—the breakfast-room is in the basement—a few minutes afterwards she gave the alarm that another cupboard was burning in the same room—I ran down, opened the door, and saw a blaze and smoke—I poured some water into it, and after it was out we discovered two or three table-napkins which had been used during the day, burning—the shelf was burned, and so was the door—a pail of water soon extinguished that, and I said in the prisoner's presence, "This is a very serious affair, have you any idea of the cause of these fires?"—she said, "No; I know nothing about it"—I said, "Do you think somebody set fire to the house?"—she said, "I don't know"—I said, "What do you think ought to be done to them?"—she said, "Their place ought to be set on fire"—I said, "Supposing they have no place to set on fire?"—she said, "Then they ought to be in prison"—I went out again for a constable, and brought one back to the house.
Cross-examined. I did not return from church with the prosecutor—I went in with my wife about 8.40—the prisoner was then there.
By the COURT. I do not know whether the prisoner was shamming to be asleep; she was sitting with her back to me—I thought possibly she might before what made me say "apparently "was, Mr. Laughton shook
her, and if she had been awake I think she would have called out—I did not intend to convey the impression that she was shamming.
REV. JAMES HENRY HAZELL . I live at the Vicarage, Bird-in-Bush Road, peckham—the prosecutor is one of my parishioners—on Monday, 12th May, at 9 a.m., he called on me, bringing a message from Mr. Laughton and asking me to go and see him—I went, and Mr. Laughton took me in and explained about the fires, and then showed me the destruction in Mrs. Laughton's bedroom—I went down to the basement and found Mrs. Dawson and her sister sitting at breakfast—I examined various cupboards and remained in the house about 20 minutes, during which time the door of the breakfast-room was open, also the kitchen door on the opposite side of the passage—the prisoner was in the kitchen, and Mr. Lawson, who appeared very agitated, kept saying "Now I must keep a good look-out; get water ready"—the prisoner went upstairs, and I believe before I left, returned to the basement—about 9.30 I was leaving, and Mr. Lawson showed me upstairs and we found the house filling with smoke—I ran and got water, went to Mr. Lawson's bedroom, and found a fire in the hanging cupboard and some dresses on the shelf were burning—the fire was on the shelf and the Wood was burning, but it had caught the dresses hanging below—we managed to put it out—there was nothing to show how it had caught fire—I did not notice whether there were any ashes on the shelf.
Cross-examined. Mrs. Dawson was in the breakfast room the whole time—when I went upstairs I think the prisoner had come down, and there was nobody at the top of the house at all.
By the COURT. I saw her go upstairs and heard her move about upstairs—I cannot say whether she went higher than the room above me.
GEORGE YOUNG (Policeman P.R. 3). On Monday, 12th May, about noon, I went to 47, Birdi-n-Bush Road, and saw Mr. and Mrs. Lawson, Mrs. Dawson, a policeman, and a fireman—I examined the premises and found several fires had occurred in different parts of the house—I saw the prisoner there and asked Mr. Lawson in her presence whether he was sure no one had been into the room except the prisoner when the last fire occurred—he said he was sure not—I searched the prisoner's room and found about 20 burnt matches on the floor and table—she was not there, she was dawn in the breakfast-room—I went down and said to her "When you went up into the rooms did you see any fires?"—she did not reply for some considerable time, and then she said "No"—she was then charged, and On the way to the station she said "I was sitting up with Mr. Morton to see if any more fires would break out; I know nothing about it."
Cross-examined. I did not say before the Magistrate that she was a considerable time before she answered—she was given in custody about midday on the Monday—I did not see a lamp in her room.
THOMAS DURRANT (Policeman P 45). On May 12, about 1 o'clock, I went to 47, Bird-in-Bush Road—I found this box on the table in the prisoner's bedroom and these matches partially consumed, and in the prosecutor's bed-room, where the last fire occurred, one match partly consumed under the foot of the iron bedstead at the centre—that is a front bedroom—I took the box down stairs, showed it to the prisoner, and said "I found these in your bedroom," opening the box—she said "Yes, I know those matches were there; I have been in the habit of placing them there after I have lighted my lamp at night when I go to bed—she was then taken in custody.
Cross-examined. I saw no match-box in the room.
GEORGE DUCK . I am an officer of the Metropolitan Fire Brigade—I was called at 10.13 a.m., and found that there had been six distinct fires, but could find nothing to connect them—the prisoner was brought up, and I asked her if she had been into any of those rooms with matches, and she said "No"—I said "Did you do anything in your master's room that morning?"—she said "No, I have not been there"—I said "Have not you been there to empty the slops I"—she said "Yes, but only with the pail"—I said "Did you go to the cupboard for anything"—she said "No"—I asked her if she had been into the room where the fire was, on the previous night with a candle, as I believed the fire originated with the bed curtains. and I wanted to find out whether she had been there with a candle to look for anything—she denied having been there at all—I then left the house.
NOT GUILTY .
Before Mr. Common Serjeant.
590. GEORGE THOMAS RUSSELL (50) , Indecently assaulting Clara Brown , and attempting suicide.—MR. CUNNINGHAM Prosecuted.— GUILTY. Recommended to mercy on account of his inebriated condition. — Four Months' Imprisonment.
RICHARD FAUGHT . I have been clerk and sexton of St. James's Church, Dublin, since 1846, and was present at the marriage of Thomas Richard Stack and Elizabeth Ann Lynch at that church on 19th May, 1863—the prisoner is the man—I have examined this certified copy with the register—it is correct (Read).
Cross-examined by the Prisoner. I knew you shortly before your marriage—I first heard of this some few months ago when you were in custody—a correspondence was carried on with the vicar, the Rev. Mr. Tomlinson, and myself, I understand by your second wife—I visited the asylum about 30th April with the policeman Flanaghan and Mr. Lynch, and saw the woman who was pointed out as your wife, but I could not recognise her—she was brought out alone—Mr. Lynch did not seem to have any difficulty in recognising her—I recognised you in the cells at Lambeth Police-court, and you recognised me and shook hands with me—I came alone to see you by my own request—I believe Lynch was not brought over to identify you, and I do not think he asked me about you—we had no conversation about the case—I saw you at my own request—you asked me at Dublin if I ever heard anything against your character, and I said that you bore the character of a respectable man.
Re-examined. I know nothing personally of him since he was at Dublin.
JAMES FLANAGHAN (Policeman L 23). I went to Dublin and obtained from the Registrar General's District Office, South Dublin, the copy certificate produced, which I examined with the Register, and it is correct. (This certified the marriage of Thomas Richard Shark, a bachelor, and Elizabeth Ann Lynch, spinster, at St. James's Parish Church, Dublin, on May 19th, 1863.)
EDWARD LYNCH . I live at 26, Lower Gardner Street, Dublin, and know the prisoner by sight—he was married to my sister, Elizabeth Ann Lynch, and I saw him with her shortly afterwards—I was then living at 69, Marlborough Street, Dublin—I think my sister wrote to say that she would call and introduce her husband, and she did so—I saw them afterwards on two or three occasions walking together in Dublin—on 30th April last I went to the lunatic asylum at Brookwood, Surrey, and there saw my sister alive and in bodily health—she was living at Dolphin's Barn, Dublin, after her marriage.
Cross-examined. I shall be 52 next July—I first heard of this case on April 28th, but the first correspondence was three or four months ago—I do not know in what name the letter was signed—I understood it to be from your second wife—I am a solicitor's clerk—I cannot remember the writer of the letter I received—my sister Was not with other women when I saw her at the lunatic asylum—I said to her, "Elizabeth, don't you know me?"—she turned her head an. evidently recognised me—she said nothing—I did not tell her I was her brother Edward, because I saw she recognised me—I had no difficulty in recognising her—I knew by conversation or by letter from her that my sister lived at Dolphin's Barn with you after your marriage, but do not know how long—I never visited her there, and have not those letters with me—I believe I saw you at my house with my sister three or four days after your marriage—I cannot give the date—I saw you together in the streets three or four times after—I might possibly be mistaken as to your being at my house—I saw you last near the Bank of Ireland—I have been to the Treasury—I could have picked you out from 20 men—I was not in London when Mr. Faught went to see you—I was with him at Lambeth Police-court, but was not asked to go and recognise you and did not volunteer to go—I do not think you have been in my company more than 20 or 30 minutes, and then you had a conversation with me—I knew nothing of Caroline Adlum before I left Dublin.
ANN CAROLINE ADLUM . I am now staying at 72, Regent Street, Lambeth Walk—I was married to the prisoner on March 21st, 1878, at the Parish Church, Kennington, Surrey—he told me that his wife had been dead 10 1/2 years, and that he had a boy—he left London and went to Cambridge, and I went there in October last, and ascertained that he was a married man—I at once communicated with him, and subsequently obtained a warrant for his arrest—I sent to Ireland to make inquiries, and subsequently communicated with the Secretary of State for the Home Department, and he referred me to the Treasury.
Cross-examined. I live now at 72, Regent Street, Lambeth Walk—I have not finally left Stetchworth—your property is at 72, Regent Street, Lambeth Walk; I do not refuse to give it up—I did not give it up when demanded because it was not demanded in a proper way—I wrote to you offering to forego this trial if you would acknowledge the woman as your wife, and you would not accept it—the letter has been handed to the Treasury and is in Court—your answer was "The poor helpless lunatic you have seen has no claim upon me, and if she has she will never be able to exercise it"—when I wrote to you in Cambridge prison I did not give you
the Christian name of the woman at the asylum, but I told you I had found the Dublin paper among your books containing the announcement of your marriage—I had no difficulty in finding it—the box was always open and had no key, but I was not supposed to go to it—I did not know there were three, or four Mrs. Stacks at the asylum—I have your letter of 23rd April, 1879. (This letter contained an assurance that he believed his former wife to have died in a lunatic asylum, and begged the second wife to withdraw from the prosecution.) I produce a certificate. (This certified a marriage at the parish church, Kennington, on 27th March, 1878, between Thomas Richard Mice Stack, widower, and Ann Caroline Adlum, spinster.) You crime to my house on 11th February, 1878, and inquired for lodgings—you were then engaged at Doughty Street Schools—you came next day, and the marriage took place about five weeks afterwards—there was a marriage settlement at my wish, settling the property on me—I first heard your wife was living in July, 1878—you told me you were a widower' with one boy in his twelfth year—you said you were a widower 10 1/2 years, and your child was 15 months old when your wife died in childbed in Ireland, and that she and the baby were laid out together—your only words were not "I am a widower, and my boy lost his mother when he was 15 months old"—nobody was present but my son, eight and a half years old—the only reason for our getting married so soon was that you were living in the house—I deny any other reason—I was known by the name of Mrs. Bartlett, and lived with a man of that name six years—he wag 61 when he died and I was 35—he died at 72, Regent Street, Lambeth Walk—my mother and family were ignorant of my connection with him till within a few days of his death—I went to my mother's as a married woman—I knew Bartlett six or nine months before I lived with him; he was on board a ship at "Woolwich, and I was living at the West End, but cannot recollect the place—your six months' imprisonment was not on my account—I know nothing about a quarrel on 17th June—I have no correspondence about it—I went to Cambridge on 9th August with bail to take you out—I told the jailer I did not believe the charge—I had not seen the evidence then—I went to the prison on 1st November and received 12l. from you—I do not remember what I said about your wife being living—you said I was to have the 12l., and I spent it and put your child into the workhouse a few days after receiving the money—I had no other money—I remember going to the prison on 16th April last at Bedford—I did not tell the governor I was penniless—I gave you a bad character because you deserved it—I wished to have you in safe custody so that I might be freed.
Re-examined. Before my marriage I told the prisoner of my connection with, Bartlett—I procured bail for him at Cambridge and legal assistance to defend him—he was charged with an indecent assault and convicted.
Witnesses for the Defence.
MARIA JULIEN . I keep a grocer's shop and private lodging-house, at 15, China Walk, Lambeth—you have lodged at my house frequently—you told me in 1869 that your wife was in a lunatic asylum, but I have never seen her—I knew the late Mr. Croudiss, and have seen him at my house with you, and have seen you go off in a cab together once—you were particular friends, and I have known you to go to the lunatic asylum several times—I remember your coming to London on a day's excursion in 1872 and spending the evening with Mr. Croudiss—I do not remember the month or where you went—I did not see you again till January, 1877, and I had not known
you visit the asylum after you came last—you told me in 1877 your wife was dead—I often advised you to get married, and you said you did not care about it after the first—I remember your getting a telegram on a Saturday evening in January, 1877, while at my house, and you had to travel on the Sunday in consequence, and took the child with you—I saw the telegram, but do not know where you had to go to—I do not remember whether it was to a school in Sussex—you were at my house on your return and complained of being ill—I do not remember whether you were absent from London the greater part of 1877—I have known you about 10 years, and have always found you straightforward, honest, and respectable.
JAMES STURGE BIGGS . I am the superintendent and physician of the Surrey County Lunatic Asylum, Wandsworth—I have been there more than 20 years, and have been superintendent nearly seventeen years—I remember Elizabeth Ann Stack being admitted in November, 1869—there were two other Mrs. Stacks there at that time, and both named Mary; but none were admitted after that I remember—one of them came from Horsemonger Lane Gaol, and the other was the wife of James Stack, a policeman at Camberwell think I have seen you at the asylum some years ago, and have received a great many letters from you making inquiries about your wife's health—the last I have any record of was in 1872 when your address was altered from Droughton-in-Furness to Bilton, Rugby—I do not remember your calling in 1872 and asking me to allow your wife to have a little wine—I do not remember your complaining of not getting replies to your letters in 1870, or my telling you to go to the post-office about it; I intent have done so—you enclosed a stamped directed envelope with your letters, and done very particular in your inquiries about your, wife's health—I do, not remember seeing Ann Caroline Adlum at the asylum in 1878 inquiring for your wife—the last letter I remember receiving from you was from Bilton, Rugby.
JAMBS EDWARD BARTON . I am senior medical officer of the Surrey Lunatic Asylum at Brookwood, near. Woking Station, and have been there five years—I have received a letter from you relative to Elizabeth. Ann Stack, to which this (produced) is my reply—she was admitted on 6th December, 1875—I never saw you there, and you never wrote till 18th April.
WILLIAM CARTHEW DAVIE . I am master of the Lambeth Workhouse, and remember your being in the service of the Poor Law Guardians in 1879—you were not there in 1869—when you visited me Mrs. Adlum was with you, and you introduced her as your wife—-you stayed about 20 minutes—I was not the master in 1869—your child may have been admitted in November, I cannot tell without the books.
The Prisoner in his defence staled that his first wife became insane in 1866, and after taking her to France and other places, and experiencing great trouble with her, and after being several times in a lunatic asylum, she was sent in 1869 to the Surrey Asylum, where he visited her constantly to 1872, and on his removal from London wrote for information concerning her health, until in 1874 he received information of her death; and that he believed her to be dead on his marrying the second wife.
GUILTY.—Recommended to mercy by the Jury.— Six Months' Imprisonment.
ADJOURNED TO MONDAY, JUNE 30TH, 1879.