Old Bailey Proceedings, 20th October 1879.
Reference Number: t18791020
Reference Number: f18791020


Sessions Paper.








Short-hand Writers to the Court,










On the Queen's Commission of



The City of London,





Held on Monday, October 20th, 1879, and following days,

BEFORE THE RIGHT HON. SIR CHARLES WHETHAM, Knt., LORD MAYOR of the City of London; The Hon. Sir HENRY HAWKINS , Knt., one of the Justices of the Exchequer Division of the High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., Sir THOMAS GABRIEL , Bart., Sir THOMAS DAKIN , Knt., and Sir ANDREW LUSK , Bart., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; 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.









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.


OLD COURT.—Monday, October 20th, 1879.

Before Mr. Recorder.

Reference Number: t18791020-876

876. FRANCIS EVERINGTON THOMPSON (26) was indicted for embezzling 200l. received on account of John Moir Clark.


JOHN MOIR CLARK . I carry on business as a provision merchant at 148, Leadenhall Street, under the style of John Moir and Son—on 15th January, 1878, I entered into an agreement with the prisoner as my servant for three years to act as office manager, at a salary of 220l. for the first year, 250l. for the second year, and 300l. for the third year—he entered into my service at once on that agreement—on 28th May, 1878, I entered into a further agreement with him, which was endorsed on the old one, by which he agreed to act as cashier, in addition to his other duties, at an additional salary of 40l.—he continued to perform those duties till December, 1878—instructions were given him that no loose cash should be kept in hand—a copy of those written instructions was given to him by Mr. Fletcher—I discharged him in December, 1878—I have stock taken on 31st May every year—after he was discharged he brought an action against me for wrongful dismissal—under the advice of our solicitor we settled that action about April—we had our accounts audited after 31st May as usual, and found that there was a deficiency of 200l. when we tried to balance our books—our clerks went into the whole books for the year to find out where the discrepancy arose—they went into the whole operations for the year—one of my clerks called my attention to this entry of 393l.—it is an entry in the cash-book kept by the prisoner—it is in his handwriting—the figures 93 are inhia handwriting—the figures'at the end of the column (16771 14 5) are also in his handwriting—the book was entirely kept by him—the 16771 14 5 is a correct total if the figures were 193—I have followed it out to the end of the month, and it is treated throughout as 193 to the end of the month, so that I am 200l. short—the balance at the end of the month is 45l. odd instead of 245l.—this cash book was kept from Mr. Thompson's own system—it was designed by himself—I employed Messrs. R. Fletcher and Co., accountants,

at the end of every month to audit the previous month's transactions—it was the accountant's duty to look at the casting of the cash book, and see that it was correct—it was his duty to test the castings to sec if they were correct—it was no part of his duty to trace the cheques to see whether they were paid in, except at the end of the month he has to reconcile the bank book—it was his duty to see that the bank book balanced—he would see that there was a voucher for every sum that had been paid out—he would examine all the vouchers—after he had seen that the total for the month was correct, it was the duty of the ledger clerk to post them into the ledger—I have the ledger and the paying-in slips here—thesum is posted as 393l. 6s. 2d. in the ledger—this cheque was placed to our credit at the Union Bank of London as 393l.—it was paid in along with other small amounts, amounting to 500l. odd—on 4th July the prisoner placed before me a lithographic form authorising him to sign cheques for the firm paid into the bank—I declined—he had only been six months in our service—he repeatedly wanted to get quit of the auditors—he said "You pay so much to the auditors; that could be saved by employing me, as I am a competent book-keeper"—he said that repeatedly—at last, after very often speaking in that way, I told him that Mr. Fletcher (our auditor) was a personal friend of mine, and it was no usebringing the matter up—if the ledger clerk had posted 193l., it would have brought to the knowledge of the persons paying in that they had been credited with too little—Messrs. Yates and Son, who were the parties, would have seen in the next statement that the account was incorrect—my attention has been called to the entry on 16th November, under the head of ox feet, tail, and tongue—that entry ought to have been 124l. 6s. 4d. at folio 106, and it is carried forward as 324l. 6s. 4d.—I can't say whose writing the red ink figures'are—that is carried through to the balance at 324 until the last folio of the month, and there it is altered back to the proper sum—the figures are 263 9 1—it is now 315l. 10s. 4d.—there is a scraping in the body of the 5, but in the balance and at the top it has been altered to the right sum—it is altered in red ink from 515, and a red 3 put—when I dismissed the prisoner we told him to balance up his cash—he had to give us an I O U to square everything up—I think he was short 6l. and some few shillings—this is the I O U he gave for it—that is one of the subjects of litigation—on 20th October I went to Seville, and returned on 21st November—it was after my return that I discharged him, in consequence of what I heard.

Cross-examined. The prisoner was selected by my auditor (Mr. Fletcher) out of 400 persons who applied for the situation—I received a character of him from some of his former employers—this cash book commenced on 1st March, 1878—he was appointed cashier on 28th May—the auditors did not approve of the cash book—it is one that the prisoner framed for me—it is kept on double entry—all the cheques that come in are paid in to the bank—this book also keeps the banker's account—I can see exactly by this book what receipts I have had; also what moneys I have paid into the bank, and what I have paid out—when the prisoner left he gave me the whole of the cash according to the books for December—he had borrowed 25l. of me when he entered my employ—I believe he had repaid me about 10l.—the I O U for 6l. 2s. 3d. was in respect of that balance—he brought an action against me for wrongful dismissal—he afterwards went into the service of Mr. Volckman—I charged him with having received one or two other sums which appeared in the books—when we settled I released him from those

items—a Mr. Gray was appointed after he left—he was in the office before the prisoner left, to take charge of the cash book—I intended to keep the prisoner as office manager, and Mr. Gray to have charge of the cash—we found that things were somewhat in a muddle in the office—he ought not to pay the money into the bank at the end of the month, until he had actually balanced his book—he had advanced small sums to some of the servants on I O U's—I don't recollect that he could not quite balance his cash in October—I think I must have been away from home at the time—when I returned I heard of his being away part of a day—he was also away three or four days in December—he sent back the keys by Mr. Rawlins, who he appointed to help him—entries in the books were postponed till he returned, and Mr. Rawlins kept a scroll of his payments—we balanced our books once a year—I have here the book showing the payments for wages on. 30th November—the wages cheque was 150l., and the amount of wages for the factory at Glass House Fields was 103l. odd—all our books are here—the ledger was balanced every month—it was generally pretty late in the mouth before the book was ready for the ledger clerk—things in the office were rather in a muddle, and therefore necessary delay perhaps arose—I sued him for a sum in the Mayor's Court—that was a private matter of my own, entirely separate from the firm.

Re-examined. The wages are paid on Saturday—the wages book is not in the prisoner's writing—I find that the whole amount he paid on 30th, November was 155l. 8s. 10d., including the 103l. 4s. 7d. for wages—he had 62l. in hand that morning, received from customers on that day—the book shows that he drew 150l. and 60l. from—the bank that day—I have not been able to discover any honest or proper application of that 200l. which is shown to be deficient—this slip and counterfoil of 22nd November are in the prisoner's writing; it is a long list of cheques paid in, making up 515l. 18s. 2d.—amongst those was the cheque for 393l. 6s. 2d.—he has entered 515l. 18s. 2d. in the cash-book as being paid in to the bank on that day.

RODERICK McKAY . I am a member of the firm of R. McKay and Co., accountants, 3, Lothbury—I have been instructed by Mr. Moir Clark to go through the books in this matter—I have gone, carefully through all the books to trace this item of 200l.—I have seen the figures 193l., which have been altered into 393l., and have followed them out, and taken the balances, and the casting up of the balances does not include the 200l.—I have also looked at the alteration from 200l. to 315l., and have examined it with glasses—I have endeavoured to ascertain the amounts received in November, and particularly on the 30th, and the accounts paid by the defendant, and have traced out the different items received by him in cash, and not specifically paid away by him into the bank in every day in November—he admits in his cash-book on 30th November the receipt of 60l. and 150l. from the bank—I also find on that date he professed to have 128l. 9s. 10d. in his books—I got that item by tracing out all cash received during the month, and not specifically paid away into the bank—I traced it from day to day from November 1st to 29th through his own cash-book—he also received on that day, according to his books, 62l. 18s. 3d. in addition to specific cheques which he received, and which I find have been paid into the bank—according to his accounts he had 128l. 9s. 10d., and 62l. 18s. 3d., making 401l., and he paid away 200l. on that day—he paid wages 103l. 4s. 7d.—there were also several small I O U's, 23l. 17s. 6d., which I found to be correct—the next

item is "paid Glasshouse, Field's office, 70l. is. 3d."—I have looked, and that is correct, and the next item "Leadenhall Street, paid cash 3s.," is also correct—also "paid to Mr. Clark 2s. 6d."—besides those sums I find from his own cash-book payment to the bank of 10l. 10s., 4l. 17s., and 1l. 10s., making 155l. 8s. 10d. paid away on that day—besides that amount there is no sum, according to the books, or so far as we, can trace, that he had or ought to have paid—the balance at the close of the day was 245l. 19s. 3d. owing by him to the firm—there is there an error of 10s. deducted, making 245l. 9s. 3d. and I find he has paid into the bank 45l. 9s. 3d. only—I have looked carefully through the whole of the transactions in that month to try and trace the 200l., but cannot find any mode of discharging him of that sum.

CHARLES HUSSEY . I live at the Limes, Ilford, Essex—I was a clerk to Mr. Moir Clark till the end of October last, and it was my duty to poet the lodger from the cash-book—I posted it on 22nd November, but cannot say positively that I posted the whole of them—I posted an item of 393l. in this ledger, and it could not have been standing then as 193l

JOHN GARDEN . I live at Walsingham Road, Clapton—I am clerk to Messrs. McKay, and audited the November account of Mr. Moir Clark—we audited the cash monthly, and checked the vouchers—I cast up every column in this cash-book in November, and at the time I casted the column in which the 393l. is included it was properly cast, total 11,700l.—it stood then as 193l., and casted correctly, and the subsequent columns carried forward casted correctly—we have exhausted the cash-book in every way to discover where the 200l. should have gone, but have not found it out—I have been through all the entries of 30th November, and have gone through the books, and he does not in any case profess to account for that 200l

Cross-examined. I had a great many pages to go through, and do not recollect the various items—I inferred from my correct calculation that it was 193l

CHARLES HUSSEY (Re-examined). When I took the cash-book over I took it clean—I had the cash-box—I do not recollect anything being said about 6l. being over when he received the cash, but I have heard in the office that there was a sum of 6l.—I do not know anything about it, or about his saying he owed only 2l. 3s. 4d

JOHN GARDEN (Re-examined). I have not heard anything about the 6l. or 2l. 3s. 4d

The prisoner received a good character.


There was another indictment against the prisoner for unlawfully making false entries in certain books, upon which no evidence was offered.


Reference Number: t18791020-877

877. FREDERICK RICHARD PRICE (39) and ROBERT CHAMBRES CHAMBRES (28) , Unlawfully converting to their own use and benefit divers valuable bonds entrusted to them as brokers by Harriet Mary Considine Bentham.

PRICE PLEADED GUILTY. He received an excellent character, and was strongly recommended to mercy by the prosecutor. Two Months' Imprisonment.

MR. GRAIN, for the prosecution, offered no evidence against Chambres.


NEW COURT.—Monday, October 20th, 1879.

Before Mr. Common Serjeant.

Reference Number: t18791020-878

878. JOHN DALEY (20) and WILLIAM HARRIS (20) PLEADED GUILTY to burglariously breaking and entering the dwelling-house of Nathan Claydon and stealing a coat and other articles, Daley having been convicted in 1878.

DALEY**— Five Years' Penal Servitude.

HARRIS— Eighteen Months' Imprisonment.

Reference Number: t18791020-879

879. RANDALL COOPER (36) to feloniously forging and uttering an order for 3,956l. 9s. 6d. and a cheque for 300l., with intent to defraud.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]

Reference Number: t18791020-880

880. EDWARD WILKINSON (21) to a robbery on Emily Cooper, and stealing a purse and 1l., the property of Thomas Cooper, having been convicted in March, 1879.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]

Reference Number: t18791020-881

881. JOHN PETER FLANNERY (14) and CONRAD JOSEPH FLANNERY (18) to stealing two meerschaum pipes and other articles of Salaman Mark Francks.

JOHN PETER FLANNERY— Nine Months' Imprisonment and 12 Strokes with the Birch.

CONRAD JOSEPH FLANNERY**— Eighteen Months, Imprisonment. [Pleaded guilty: See original trial image.] And

Reference Number: t18791020-882

882. EDMUND JARMAN (19) , to stealing a ring, a card case, and other articles, of Elizabeth Baker in her dwelling-house. (See Fourth Court, Tuesday, page 836.) [Pleaded guilty: See original trial image.]

Reference Number: t18791020-883

883. CHARLES BOACOCK (22) , Unlawfully uttering counterfeit coin.

MESSRS. E. LLOYD and A. METCALFE Prosecuted.

THEOPHILUS PENGELLY . I am conductor of an omnibus from Kentish Town to Victoria Station—on 7th October the prisoner got into my omnibus in St. Martin's Lane and got down just before we got to Westminster Bridge—he gave me what I thought was a florin, and I gave him 1s. 10d. change, but a minute afterwards I found that it was a half-crown, and turned to give him sixpence, but rubbed the half-crown with my finger and found it was bad—this is it (produced)—next day he got up on the same omnibus and sat on the same seat—he got down at Bedford Street, Tottenham Court Road, and I got over the step, knowing that he was the same man—he gave me this florin (produced)—I took him by the collar, and gave it to a tradesman standing by, who tried it and said that it was bad, and I gave him in charge—he said, "I have got smaller silver if you like"—I said, "You know you done me for a bad half-crown yesterday, and you shan't do so any more."

EDWARD D. TREVITT (Policeman E 102), I took the prisoner and told him the charge—he made no answer—Pengelly gave me this half-crown and florin—I searched him, and found four sixpences and a threepenny piece.

WILLIAM WEBSTER . I am an officer of the Mint—these coins are bad.

The Prisoner's Statement before the Magistrate. "I did not know the two-shilling piece was bad. I know nothing of the half-crown."

GUILTY .— Twelve Months' Imprisonment

Reference Number: t18791020-884

884. DANIEL GALE (29) , Unlawfully uttering counterfeit coin.


ISABELLA McGORE . I am barmaid at the Criterion, Piccadilly—on 11th October, between 3 and 4 p.m., I served the prisoner with a glass of stout—he gave me a florin—I put it in the till and gave him 1s. 10d. change.—in about 10 minutes he came again for a glass of stout; he gave me a good

florin and left—he came a third time for a glass of ale, and gave me a fed shilling—I gave it to the manageress, who told him it was bad, and he was given in custody.

Cross-examined by the Prisoner. I cannot swear that that was not the shilling I gave you in change for your florin—you had time to release yourself.

Re-examined. I did not look at the shilling when I took it out of the till—it might have been two sixpences.

ELIZABETH ANN BARNES . I manage the Criterion—on 11th October the last witness called my attention to a bad shilling—I showed it to the prisoner and said, "You have tendered this money"—he said "Yes," and offered me good money in return, saying that he did not know it was bad—I think he had a florin in his hand—I searched McGore's till five or six minutes afterwards; she only uses one till—I found one bad florin in it, which I gave to Mr. Tipper with the shilling.

GEORGE HENRY TIPPER . I manage the Criterion—on Saturday, 11th October, I was called to the prisoner, and accused him of uttering a bad shilling—he said, "It is not likely I should utter a bad shilling; I ain a compositor of 26 years' standing"—I said, "You look rather young for that," and gave him in charge—Miss Barnes gave me this shilling and florin.

Cross-examined. I told the policeman I only wanted you sent to the station to have your name and address taken, and I did not want to charge you.

JOSEPH COLLINS (Policeman C R 6). I took the prisoner, and received these coins—he said that he was not guilty, and did not know it was bad—I told him I should search him, and he pulled out a good florin and a bad one—nothing was found on him.

Cross-examined. You walked by my side from the Criterion to Vine Street Station.

WILLIAM WEBSTER . This shilling is bad—these two florins taken from the till are bad, and from the same mould—this florin found on the prisoner is bad, but from a different mould.

The Prisoner produced a mitten defence, stating that he did not know he had any bad money.

GUILTY .— Twelve Months' Imprisonment.

Reference Number: t18791020-885

885. MICHAEL JONES (17) , Unlawfully uttering counterfeit coin.


MARY ELIZABETH REES . I serve in the shop of Mrs. Bute, a confectioner, of Great Turnstile—on 7th October I served a man, not the prisoner, with a sponge cake—he gave me a half-crown; I told him it was bad, and gave it back to him—he said, "Oh, is it?" and gave me a penny and left—Walter Bute followed him.

WALTER BUTE . I was in my mother's shop and paw a man tender a bad half-crown to the girl—I knew it was bail by the sound of it on the counter—he paid with a penny and left—I followed him to a public-house about five minutes' walk off, and joined the prisoner and a third man—they passed something between them, and I followed them—they walked together on the other side of the road—they saw me speak to a constable—we followed them to Bow Street—two of them ran up Oxford Street and the prisoner went down a court—I went round the other way and met the constable with him—the other two got away.

JOHN NOLLOW (Policeman E 186). Bute pointed out three lads to me in Holborn about 20 yards off—I saw them pass something—they turned, saw me, and ran away—the prisoner went up a street towards the British Museum—I ran after him and told him to stop—he put his hand in his pocket; I took it out and found a half-crown in it—I held his hand and he gave it to me—he was searched at the station, and a good shilling found on him.

WILLIAM WEBSTER . This is a bad half-crown.

The Prisoner's Statement before the Magistrate. "I did not try to pass the half-crown away. I should like to have it settled here."

Prisoner's Defence. I picked up the half-crown in Holborn. I did not know it was bad.

GUILTY .— Six Months' Imprisonment.

OLD COURT.—Tuesday, October 21, 1879.

Before Mr. Justice Hawkins.

Reference Number: t18791020-886

886. THOMAS BODDY (42) , Feloniously wounding Hannah Boddy, with intent to murder. Second Count, to do grievous bodily harm.


HANNAH BODDY . I am the prisoner's wife, I was married to him on 30th September, last year—he is 42 years of age; I am 27—he had one child by his former wife—we lived together at 3, Grapes Place, Kentish Town—he is a carpenter by trade—on Saturday, 13th September, he went to his work as usual—he returned at 3 o'clock; he seemed as if he had had something to drink—his dinner was not quite ready when he came in—he sat down to his dinner—he sent his daughter out for some tobacco—he said to me "I thought you were going home"—I said "I am not gone, but I am going; I will go n—he said "You shan't"—he said he thought I had got that 30s. to go home with (I had got 30s. from the savings bank on the previous day)—I said "I will go now"—I went into the washhouse to get some water; he followed me—I told Mm I would go, and I stamped my foot and put my tongue out—he put his arms round my neck and kissed me, and said "Let us forget and forgive the past and be as happy as we ever have been"—I said "No, I won't"—I then went back into the front room, took off my wedding-ring and threw it on the table, and said "I am going home, and I don't want that thing; I will never wear it again"—the prisoner then went on his knees, picked the ring up from the table, and asked me to let him put it on—I was then sitting en the sofa—he said again "Do let me put it on once again"—I put my hands behind me and said "You shan't put that on me any more"—I then went into the wash-house again; he followed me, and said "Do let us forget all this and be all right again"—I went back again to the front room; he followed me, and said he would do all as was in a working man's power to make me happy—I said I had written to my father, and I expected him every minute—he said "Have you really wrote home?"—I said "Yes"—he said "You should not have done that"—I said "1 have, and I expect him every minute"—I then sat down on the sofa again; he sat down by my right side, and said "I can't face your father; I promised to make you happy"—I had not written to my father—as we were sitting together on the sofa he said "If you go home won't you ever live with me again"—I said "No, never"—he said "I

can't let you go; what am I to do?"—I said "I will go"—he again said "I can't let you go; I will do all as I can for you"—he put his left arm round my waist and said "I can't let you go"—I then saw a razor in his right hand, just raising it up—I put up my left hand, and the razor cut my fingers just across the top of them, and it fell out of his hand—it just scratched my throat—I fell on the floor—I did not know at the time that my throat was cut—I halloaed out "Murder!" and "Help!" all the time—I called to Mrs. Luff and Mrs. Stacey—the prisoner then got the poker and hit me once or twice—I did not see the poker till he hit me with it—I was lying down on the floor—I saw him go towards the fireplace, and he hit me three or four times with it—he never spoke at the time—he hit me across the forehead and at the back of my head—I kept halloaing all the time—I then got up and went to the front door a little way—it opens into the room—the prisoner came and shut it, and while he was shutting it I ran out at the back door and went to Mrs. Luff's, next door—he did not follow me—I found my head and hand bleeding and my throat, but not much, just a scratch—they wiped my face—Mr. Goodchild, the surgeon, was sent for; he bandaged my head, and I was taken to the Middlesex Hospital—I remained there till a fortnight last Thursday—I am quite well now—this is the razor (produced)—it was usually kept in the table drawer in the front room—my husband did not use it for shaving; we both used it for cutting our corns—I had seen it in its usual place in the drawer about 10 minutes before he cut me—this is the poker (produced)—I saw it coming before it came on to my head—he did not strike me so violently as to lose my senses—he was using it with one hand; he had hold of my frock with the other—I was not wearing a cap or bonnet—on the Wednesday morning of the Bank Holiday last August we had some words—he said that he had had a dream that I said in the night to him "Go and mess your own wife about, and leave me alone"—he said "I thought I was with my own wife"—when I woke him I found him out of bed crying bitterly—we had both had a little to drink the night before—he kept on wanting to know the meaning of those words—I did not remember making use of them—he said that the man opposite kept on looking at me so, and had such peculiar looks he could not make it out—he kept on saying that day after day—he said it preyed on his mind—on the following Sunday I took him over to the man's wife and told her what he had said—she told him where her husband was that he was at home with her all the evening—after that he said the man seemed to watch me about so everywhere I went; that we had such peculiar looks one to the other that he really thought it was true—during the 12 months we have been married he used to go to his work regularly—I did not notice any change in his manner before this occurrence.

Cross-examined. Until this occurrence his whole conduct showed that he was excessively fond of and devoted to me; too much so, I think—I believe this transaction was in consequence of his excessive love for me and jealousy of other people—up to the 6th August he had been an exceedingly I temperate man and a most kind and attentive husband—I have no children—from 6th August he was sleepless at night, and appeared very much excited in his mind—this suspicion appeared to prey on his mind.

WILLIAM HARRIS . I am a boot maker, of 51, Mansfield Place, Kentish Town—on Saturday, 13th September, about 3.45, I was in the closet in my back garden, which is close to the prisoner's—I heard several screams of

"Murder!" in a woman's voice—I went round to the prisoner's front door; it was wide open—I went in and saw the prisoner crouched down between the end of the sofa and the cupboard—he said "Oh, Mr. Harris, Mr. Harris! what have I done! what have I done!"—I laid hold of him by the collar and put him on the sofa—I then noticed this razor on the table; it was nearly closed—I picked it up; there were spots of wet blood on the handle which stained my hands—I put it down in the front garden—the constable came and took the prisoner into custody.

MARGARET WEST . I am the wife of William West—I saw Mr. Harris put the razor in the garden—I took it up and took it in to Mrs. Luff's, and saw it given to the constable Turner.

WILLIAM TURNER (Policeman Y R 23). I went to the prisoner's room and arrested him—I told him he must go to the station with me for assaulting his wife—he said "Oh dear, oh dear; is she dead?"—I took him to the station—I received this razor from Mrs. Low at Mrs. Luff's—the prisoner appeared to be excited; I can't say whether from drink.

Cross-examined. He appeared to be unhappy and miserable at what had occurred.

JOHN LAVER (Police Inspector Y). I went to the prisoner's house shortly after 4 o'clock—I found blood in the front room just by the sofa, and there was a large pool just inside the back kitchen—the back door was smeared with blood and the front also, like finger marks—at the station I charged the prisoner with attempting to murder his wife; I read I over the charge to him from the charge sheet—he said "I have done it; I hope she is not dead"—he appeared to be not sober—I went to the hospital and saw the woman, and afterwards went back to the prisoner's room and took possession of the poker; it was given to me by Mrs. Luff, I saw her take it from the fireplace; it was lying on the fender; it was covered with wet blood and there was a portion of hair on it—there was also blood on the prisoner's shirt and hands, and also on his clothing.

NATHANIEL GOODCHILD . I live at 9, Highliff Road, and am a licentiate of the Royal College of Physicians—on the afternoon of 13th September I was called to No. 3, Grapes Place; I then went to No. 4, Mrs. Luff's, where I found Mrs. Boddy sitting in a chair bleeding from her left hand and several wounds in the head; her throat was slightly bleeding also—I bandaged up her head and sent her to the hospital; she was suffering from loss of blood—I examined the wounds carefully; I considered those in the head dangerous—I saw the prisoner at the station, he was not sober.

JOHN HARTLEY . I am house surgeon at the Middlesex Hospital—on the Saturday afternoon, about 4.55, Mrs. Boddy was brought there, she was faint but conscious—the front of her dress was covered with blood—there was a contused wound at the back of the head and another on the top; those were the worst, and six or seven on the forehead; the two first went to the hone, but the skull was not injured—they were inflicted by separate blows—this poker would produce them—they bled very profusely—they were not in themselves dangerous to life, but they might have been later on, from erysipelas—I should think the blows must have been given with considerable, but hot extreme violence—there was a clean cut horizontal wound through the skin on the left side of the root of the neck; it was just through the skin, about 2 1/2 inches long from left to right; there was also a clean cut across all four fingers of the left hand, they were rather deep—

she was confined to her bed four or five days; she continued to progress favourably, and she was discharged on 2nd October—she was not in danger at any time; she is now quite well—she appeared to be sober as far as I could judge—she was very faint.

The prisoner received a good character.

GUILTY on Second Count. Fifteen Months' Imprisonment.

Reference Number: t18791020-887

887. JEREMIAH FOLEY (28) was indicted for and charged on the Coroner's Inquisition with feloniously killing and slaying Michael Butler the elder.


WILLIAM BOWLES (Police Inspector). I was present when the deposition of Michael Butler was taken by Mr. Barstow, the Magistrate, at the Royal Free Hospital, on Thursday, 25th September, in the prisoner's presence—it was read over and signed by Butler—the prisoner asked him some questions—Butler died on the following Saturday. (The deposition of Michael Butler was read as follows: "I live at 10, George Street, Gray's Inn Road. On Monday last, the 22nd instant, I was at the lodging house where the prisoner lives, a common lodge, 45, Vine Street, St. Andrew's, Holborn. A eon of mine lodges there. I was in the kitchen giving my son advice and telling him that some one was leading him to destruction, when the prisoner, who was present, took my son's part and told me to "Get out ot the b——house." I said I came in and out of the house before he ever came there. I don't remember any more being said, but the prisoner then struck me several times on the face and knocked me down. I then saw a table knife in his hand; he struck it on the table and bent it, and in a minute or two afterwards he put his hand into bis pocket and drew out a pocket knife, opened it, and struck me with it on the groin on the left side. I felt blood run down into my boots, and I said 'You have done it' I walked out, got a policeman, and gave him in charge. In the presence of the policeman he said 'That is the knife I done it with, and if I had had a bayonet in my hand I should have done it all the same.' Cross-examined by the Prisoner. I do not remember striking, my son in the Blue Posts, I might have done so. I do not remember pulling off my coat to fight the prisoner outside the Blue Posts; I never saw the prisoner till afterwards outside the Blue Posts. I did not follow the prisoner into the lodging-house; I did not hit him till he hit me; he swore he would grease his boots with the fat of my guts. I did not strike him first in the kitchen, I strongly deny it. When he struck me I returned the blow. He struck me two or three times. I did not pull the table knife out of my coat pocket, and the prisoner did not say 'If you can use a knife so can I' The only knife I saw bent was the one that I bent on the table. I did not try to hide my knife after the prisoner penetrated me. I had no knife only a small pocket knife which is in my pocket now, and I never took it out of my pocket.") I found this small white-handled knife.

MARGARET BUTLER . I am the widow of Michael Butler, a labourer, and live at 10, Gough Street, Gray's Inn Road—on Monday, 22nd September, my husband went out a little before 6 o'clock in the morning to look for work—I next saw him at 10.15 in the morning, at the Apple Tree public-house, Mount Pleasant, Clerkwell; there were other men there drinking

with him—the prisoner was not there To—I went home and came out again and found my husband at Mrs. Roach's lodging-house, 45, Vine Street* about 11.15—I won't say he was not sober—I took him home and he laid down and went to sleep—at 2 o'clock I went out to work, leaving him asleep in a chair—when I came home at 6.40 he was in the hospital—I went to the Royal Free Hospital and found my husband there in bed—I remained with him till he died on 27th September—I cannot swear to the knife; I am no scholar—this white-handled knife was taken from my husband's pocket at the hospital—I handed it to Police-constable 95 G.

Cross-examined. My husband had some drink in him; he was not very drunk—he was drunk, but not so very foolish as they want to make out—he had a bottle of soda-water to sober him—the prisoner was not at the Apple Tree—he was not a quarrelsome man when in drink—I never saw him use a knife.

MICHAEL BUTLER . I now live at 2, "Wilmington Place, Clerkenwell—on Monday, 27th September, I was living at Roach's lodging-house, 45, Tine Street—on that day I was with a friend named Brick and the prisoner—I was at the Blue Posts public-house about half-past 7 in the morning—while there my father passed; he turned back and came into the Blue Posts—the prisoner and my father were chaffing; I can't say what it was about—I might have said something; I can't say whether I did—my father came round and struck me twice—the prisoner tried to separate us—he and my father had a few words; I saw my father attempt to strike the prisoner; I can't altogether swear whether he struck him or no—afterwards I left with the prisoner and Brick, and went to Roach's lodging-house to breakfast, leaving my father outside the Blue Posts—I saw him have two half-quarterns of rum and milk—he followed us to the lodging-house! and he came in and tried to kick the form from under me that I was sitting on—he and the prisoner had a few words and fought with their fists in the room; they exchanged blows—to the best of my belief my father had said something to insult the prisoner; I can't recollect what it was—I can't say which got the best of the fight—they afterwards fought out in the court, I went to my breakfast, I did not go to look at it—I believe my father then went home—later in the day after dinner I saw my father in the Red Lion public-house, not many yards from Roach's—he afterwards came into Roach's—the prisoner and Brick were there—I saw this bent knife picked up; I can't say by whom—I saw my father go out—I did not notice whether he was injured or not—he came back with a policeman and gave the prisoner in charge for stabbing him—he said "This is the man that stabbed me"—I saw the prisoner give the constable two knives, a black-handled one and a white-handled table knife something like this—it is two years since I lived with my father; I have been home frequently since—I can't say whose knife this is—I have seen knives like it in my mother's place—I had been drinking freely before this—I was not sober, and I was not drunk; I was under the influence of liquor.

Cross-examined. My father was pretty quarrelsome when he was in drink—he tried to stab me in 1876—I once saw Mr. Roach put him in a room to prevent his assaulting the prisoner—the door of the Red Lion was closed against my father to prevent his assaulting me—the first attack I saw was by my father on the prisoner—when the knife was picked up the prisoner said something to the effect that that was the knife that my father

tried to stab him with—I was present when my father was fined 5l. for an assault with violence—I did not see my father with a knife in his hand in Roach's kitchen.

DANIEL BRICK . I am a labourer, and live at 45, Vine Street—on Monday, 22nd September, between 2 and 3 in the afternoon, I was at the Blue Posts with Michael Butler and the prisoner—they were chaffing there—I was afterwards in Roach's kitchen—the prisoner was there; he had his clothes off—Michael Butler came in—I saw him with a knife in his hand I can't say where he got it from—the prisoner was right up against the door, and he kept pointing with a knife at Butler, intending to strike him in the arm—I saw him take it from his pocket—I can't say whether it was open or shut; I did not see the blade—Butler was quite close to him—the prisoner turned round and said "I can use a knife as well as you can, Mike"—Butler made a drive at him, and the prisoner struck him in the stomach with the knife still in his left hand to the best of my opinion—he made an attempt at his arm, and instead of that Butler turned round and caught it in his stomach—Butler's knife doubled up against the prisoner's stomach—after the prisoner had struck Butler, Butler turned round and put his knife on the counter; that was the white-handled knife—I saw him undo his trousers, and he showed me a wound near the navel; it was bleeding—he said "Did you see that, Dan?"—I said "Yes, I have; Michael, you are stabbed"—he went out and fetched a policeman—Mrs. Roach said to the prisoner, "Jerry, run away"—he said "I will not"—I said "Do't you, Jerry"—he said "I have done the deed, and am not going to disown it"—Butler came back with the policeman, who said "Which is the man that has done the deed?"—Butler pointed to the prisoner and said, "That is the man"—the prisoner said "I am the man, that is the knife that done it, and there are the two knives for you," and he gave them to the policeman, the table knife and his own knife.

Cross-examined. The deceased was not a very quarrelsome man to my knowledge—he challenged the prisoner to fight—he was not drunk; he had been drinking freely—I heard the prisoner tell Moriarty that he did not want to fight with him—I can't say that the deceased had the knife in his hand when he challenged the prisoner to fight—I did say so before the Magistrate—I should not like to say so now, it is so long ago.

JOHN MORIARTY . I am a bricklayer, and live at 45, Vine Street—I was at Roach's on Monday morning, 22nd September, between 10 and 11, with the prisoner and Butler—Butler wanted to strike the prisoner—the prisoner sat down and said that he did not want any row, but that Butler would not let him be—I think Butler was the worse for drink—I took him home—I was not present when this occurred.

CATHERINE ROACH . I am the wife of Michael Roach, who keeps a lodging-house at 45, Vine Street—on Monday, 22nd September, about 2.30, I was in the kitchen—I saw the deceased come in—I don't know whether he had anything with him—he made a rush at the prisoner, and I afterwards saw this white-handled knife on the floor—I saw the prisoner stabbing Butler with a knife that he took out of his pocket—Butler turned round to Brick and undid his trousers, and showed him where he was stabbed—he then went out, brought a policeman, and gave the prisoner in custody—the prisoner was not sober—I don't think Brick or any of them were sober—this knife does not belong to me: I never saw it before: it

does not belong to the lodging-house; I have no knife like it; mine are black-handled knives, and much larger than this.

Cross-examined. Butler was threatening to kill the prisoner before that day; he came at different times to do so—he abused him and called him all the names he could lay his tongue to—I had never seen this knife before he came in and made the rush at the prisoner.

Re-examined. It was earlier in the day, before his wife came in, that Butler said he would do for the prisoner before the day was out.

EDWIN COX (Policeman G 95). I was fetched by Butler to 45, Vine Street—I was about two minutes' walk from the place—Butler showed me a wound near his navel—I went with him and asked him who was the one that did it—he pointed to the prisoner, and said "That is the man"—I said "Where is the knife?"—the prisoner handed me these two knives—I believe he took them from his pocket; he said "This is the knife that I atabbed him with," referring to the black-handled one," and I would have done it with a bayonet if I had had one"—they had a I been drinking—there was a slight mark on Butler's nose, and it had bled a little; there were no marks on the prisoner.

Cross-examined. The prisoner went quietly with me to the station—the remark he made about the bayonet was in the lodging-house, and he repeated it going along the street—I don't recollect her saying if the other man had had a bayonet he would have had a bayonet too; I am quite sure of that.

RICHARD ATKINSON . I am house surgeon at the Royal Free Hospital, Gray's Inn Road—the deceased was brought there on 22nd September—he had a punctured wound near the navel, such as might have been inflicted by this black-handled knife—it went into the abdominal cavity; it must have, been a forcible blow—I attended him till he died, on Saturday morning the 27th—the cause of death was peritonitis arising from the wound—he had a black eye and a recent abrasion on his nose, and a scratch on the side of the face—I saw nothing to lead me to suppose that he was drunk—he was in a perfectly rational state when he made his deposition before the Magistrate Guilty.— Twelve Months' Imprisonment.

Reference Number: t18791020-888

888. HENRY JOHN GIBSON (23) was indicted for and charged on the Coroner's inquisition with feloniously killing and slaying John Robert Herring.

MR. A. BRAXTON HICKS Prosecuted.

ELIZA HERRING . I am the wife of John Robert Herring, a carman, of 7, Pell Street—the deceased John Robert Herring was my son; he was five weeks old—on Sunday morning, 28th September, about 2 o'clock, I was in my room, we have only one room—the prisoner was in the room, my husband, two children at the foot of the bed, and the baby at the head of the bed—my husband was sitting in a chair by the window; the prisoner was sitting on a chair close to the head of the bed with his arm on the table asleep; he was very drunk—I had occasion to leave the room—I returned in about 10 minutes, and found the prisoner lying on his back on the child on the bed—I took him by the coat and pulled him off, and told him he had killed the child—I did not think it was dead until I picked him up in my arms; I then found he was dead—he was alive when I left the room; it was a healthy child—when I said "You have killed the child," the prisoner said "Don't tell me that; how could I do it?"—the shock seemed to have sobered him—I screamed, and a policeman came—the prisoner had lodged in the

house, but not at this time; he has been walking out with my sister for the last three years, and he came to my place thinking she would be there—he lodged with my mother in Brook Street.

SAMUEL SKINNER (Policeman H 13). On this Sunday morning I heard somebody screaming—I went to 7, Pell Street, and found the prisoner standing in the room by the witness, who was screaming; the child was lying in another female's lap—Mrs. Herring pointed to the prisoner, and said "He has killed my child"—the prisoner seemed to be recovering from drink; he smelt of drink—I think the husband was sober—a doctor was sent for—the prisoner said he might have done it, but if he did it was a pure accident.

JOHN WILLIAM KAY, M.R.C.S ., 100, Commercial Road. On 28th September, about 3 o'clock, I was called to 7, Pell Street, and shown the body of a child; it was dead—I afterwards made a post-mortem examination—the cause of death was suffocation, blood was flowing from the nose, that would be caused by pressure; it would be consistent with a person lying on it, in all other respects the child was healthy.

The Prisoner, in his Statement before the Magistrate, and. in his Defence, stated that it was a pure accident.

GUILTY. Strongly recommended to mercy. Three Month's Imprisonment ,

THIRD COURT.—Tuesday, October 21st, 1879.

Before Mr. Common Serjeant

Reference Number: t18791020-889

889. ALBERT CHAPLIN (20) and GEORGE RENOUF (29) , Albert Chaplin stealing a post letter the property of Her Majesty's Postmaster-General, containing divers valuable securities, and George Renouf feloniously receiving the same, well knowing them to be stolen.


MESSRS. METCALFE, Q.C., and BAGGALLAY Prosecuted; MR. A. B, KELLY Defended Renouf.

CHARLES FREDERICK GIBSON . I am a clerk in the branch office of Messrs. Backhouse and Co., Darlington, bankers, at Bishop Auckland—on the 29th August last I made up a letter enclosing in it these nine cheques and four dividend warrants amounting to 643l. 6s. 1d.—I fastened it in the usual way, and with some wax, and gave it to Mr. Jacob, one of our clerks, in the evening to post—all the cheques are crossed "Backhouse and Co., Bishop Auckland"—amongst the dividend warrants was one for 31l. 15s. 7d. endorsed "H. Jacobs."

HENRY ALFRED JACOR . I am clerk to Messrs. Backhouse and Co.—on the 29th August last I received a letter from Mr. Gibson addressed to Barclay, Bevan, and Co.—this is the envelope—I posted it at the Bishop Auckland Post-office between 5 and 6 o'clock that evening.

JOHN CLEGG . I am inspector of letter carriers at the East Central District Letter-office—Chaplin was employed there on the 29th and 30th August—he was engaged in collecting letters in the third division in that office on the. 30th August—he was a junior letter carrier, but he performed the duties of letter carrier—a letter so addressed posted at Bishop Auckland between 5 and 6 o'clock on the previous evening would arrive by that collection with which he was dealing—after his work that morning he absented himself, and did not return—in consequence of information I received I subsequently had Chaplin's locker broken open—I took out his coat, in the pocket of which I

found his envelope (produced) in the state in which it now is with no contents.

GEORGE MERRICK . I am a clerk to Messrs. Barclay, Bevan, and Co., hankers, of Lombard Street, agents for Messrs. Backhouse and Co on the 30th August I opened the bag from the General Post Office—there was no letter in it from Messrs. Backhouse and Co we should in the ordinary eoure have received a letter from them containing drafts for collection—I telegraphed to Backhouse and Co. at about 10.30 that morning—this letter before me has never been in our possession.

JOHN THOMAS JONES . I live at 226, Bute Street, Cardiff, and am a surgeon, dentist, and chemist—on Monday, 7th September, Renouf called on me between 11 and 12 a.m.—I had seen him before, and had given him some ointment for a festered finger which he had—he said "I have some cheques here belonging to a young man who is lodging with me; he cannot cash them just now; will you lend me a sovereign?"—I said "No"—he went away, and called again the next day—he then had a piece of green paper amongst other papers—he said "Will you cash this, and I will give you a couple of pounds?"—I said "I won't have anything to do with it," or something to that effect, "You had better go to a money lender"—he went away, and I saw no more of him—I fancy the paper was crossed like a cheque, but I could not swear to it—I did not read it—it was the size of a banker's draft, I fancy—large; that is the colour.

Cross-examined. I don't know much about these matters—I know a cheque, because I keep a banking account of my own—I thought it was a banker's draft—I do not deal in money.

HIRAM JACOBS .I am a jeweller and money changer, of James Street, Cardiff—I saw Renouf about three or four weeks previously to the 8th September—he got into conversation with me and asked me to give him 'Id. to go to Canton by tram, about two miles from the docks—this' was at 7 a.m.—on Monday, 8th September, at about 10.30 a.m., I saw him with Chaplin—I had business up town, and was returning, when Renouf tapped me on the shoulder and said "Ah! you change bills," or something to that effect—I said "I don't do business in the streets, but if you like to go down to my place of business I will be there in about 10 minutes; by the bye, you may as well show me what it is"—he turned to Chaplin and said "Show it to him"—Chaplin took this cheque for 31l. 15s. 7d. from his breast pocket—I looked at it and thought it very curious—I asked Chaplin whose signature it was at the bottom ("W. A. Backhouse"), and he said "It is mine; I came from London yesterday, and I was too late to get it cashed on Saturday evening"—I said "It is rather peculiar, but if you like to go to my place of business I will go to my bankers and hear what they 8ay relative to it"—I had a call to make, and I said "You go in, I will overtake you at my place of business"—at Creighton Street I got into Andrews's omnibus, when who should I see sitting opposite me in the omnibus but the two prisoners—I then arrived at the London Provincial Bank, and got out, leaving the prisoners to go on—nothing passed between us in the omnibus—I then got to my shop and found the prisoners standing opposite awaiting my arrival—I went in and they followed, and I said "My bankers are not satisfied to let me draw against this, and advised me not to advance any money until I heard from them when they forwarded it on for collection"—Renouf said "Will you advance us 15?" or something like that

I then gave them the cheque back, and said I should do nothing of the kind—Chaplin said "I am really very short of money; give me a couple of pounds," to which I would not assent, and I handed him the cheque in this way, which he took out of my hands, when Renouf said "Oh, you can leave it with Mr. Jacobs; it is perfectly secure," and it was left with me—I arranged for Chaplin to call on Wednesday or Thursday, when I would have a reply—I paid the warrant into my bank for collection—in consequence of what I afterwards heard I communicated with Inspector Price the next morning—the prisoners produced nothing more than that one warrant.

Cross-examined. When Renouf came up to me in the street I would not be certain whether he said "You change bills" or "You change foreign notes," it was said so casually—on my window are the words "Foreign money exchanged"—if I mistake not Chaplin, when he took the document out, handed it to Renouf first, and he handed it to me—I handed it back to them, as it was their property—I think it was to Chaplin—my place is very small, hardly room for more than three people with the counter and large safe—Renouf said "Leave it with Mr. Jacobs;, it is perfectly safe."

HARRY FRANCIS BLOSSE . I am a solicitor, of Cardiff—I first saw Renouf on the 9th September, when he called at my private residence at about 8 a.m.—he did not send up any name—he came into the room and showed me a slip of paper with "George Renouf, Maria Street, Cardiff" written on it—I do not appear to have it—I said in effect "What business have you with me?"—he said "I came with regard to some papers which have been left at my house by a young man who came to lodge with me some days ago and left my house two days ago, leaving neither his address nor his name nor anything to show who he was or where he was"—he produced this pocket-book, containing a bundle of dividend warrants and cheques similar to these (produced)—I will not speak to them because I did not check them in any way—I saw that most of them, if not all, were crossed "Backhouse and Co."—he said "I want to ask your advice with regard to these papers and these dividend warrants," and he opened the pocket-book and showed me, somewhere about the middle, a statement written in pencil which he said he had found in the book, which was a kind of confession, unsigned, that the securities had been stolen—I do not find that statement in the book now—there is a leaf torn out—he said "I want to know how I am to relieve myself from the responsibility of holding these securities"—I said "You had better communicate with the police"—he said "I don't care about doing that; I might get a reward for restoring the property"—I said "Perhaps you don't care about setting the law in motion against your late lodger"—he said "No, I might get a reward if I restored the money without the intervention of the police"—I looked at the cheques, and seeing that they were crossed "Backhouse and Co.," I said "You had better communicate with Messrs. Backhouse"—he replied "very well," and then I volunteered to write a telegram—he may have requested me to—he said "Will you advance me some money on the security of the cheques to enable me to go to London, where I shall have no difficulty in tracing the owners"—I said "No, I cannot advance money on them"—I made out the form of telegram and Renouf left—he paid me nothing—he returned to my office some hours afterwards and showed me this telegram, which he said he had received from Messrs. Backhouse—the telegram to them was sent in his name, and the reply came to him. (Read: "From George Renouf, 40, Maria Street,

Cardiff. To J. Backhouse and Co., Bishop Auckland. I hold cheques and dividend warrants left at my house recently, crossed J. Backhouse and Co., Bishop Auckland. Telegraph if I shall come up with them to see you." "From Backhouse, Darlington. To George Renouf, 40, Maria Street, Cardiff. If you send the crossed cheques to us here by post we shall reward you for your trouble, or if you bring them we shall pay your expenses. Telegraph which you will do. Reply paid." "From George Renouf, 40, Maria Street, Cardiff. To J. Backhouse and Co., Darlington. Received your telegram at 12—I am going to leave Cardiff this afternoon to see you")—I wrote this letter to Messrs. Backhouse, explaining the circumstances (Read)—I gave Renouf money to go to Darlington.

Cross-examined. He spoke in rather broken English, and I was not surprised, as he told me he was a Jersey man and had just arrived from the coast of Africa—I did not ask him any particulars as to how he met this young man—he did not say he met him on board ship—as far as my memoryr, Renouf said the young man left him two days ago—I do not remember saying, "I have not seen the young man since yesterday evening"—I cannot swear that he did not say so—I prepared the one telegram, not the second—he put out all the papers before me for my inspection, pocket-book and all—the cheques were inside it—I don't know whose pocket-book it is.

EDMUND BACKHOUSE . I am member of Parliament for Darlington, and am senior partner in the firm of Backhouse and Co., of Bishop Auckland—on Tuesday, the 9th September, we received the first telegram which was read, and I caused the reply which has been read to be sent—on the following day Renouf called, upon me—he came into the bank and said, "I am George Renouf," and he handed me this letter, and eight cheques and three dividend warrants—the letter is from Bishop Auckland Bank, dated the 29th August, to Messrs. Barclay and Co.—two cheques were sent in the letter, a North-Eastern Railway dividend warrant for 31l. 15s. 7d. which has been produced, and a cheque for 6l. 12s. on Lambton and Co., of Newcastle—the original enclosures were 13—the cheque for 6l. 12s. had been cashed in the Isle of Wight—Renouf said, "I met a young man on board the steamer between Bristol and Cardiff; I fell into conversation with him, and before we came to Cardiff he asked me to tell him some place where he could find lodgings in Cardiff; I took him to my own house and gave him some dinner, and found lodgings for him in the neighbourhood He was either two or three days in my house, coming to my house, and then he left I don't know where he went, and I found on my table this pocket-book and these cheques and letters enclosed in it I did not know the young man's name further than he left-an, address in another pocket-book"—this is the one (produced)—the name there is "Albert Chaplin"—I understood Renouf that he found that pocket-book on his table after the man had gone—I had had Mr. Blosse's letter before he came—Renouf handed mo all the papers and the pocket-books—T asked him what his expenses were, and I gave him 10l. to cover them—this is his receipt (produced)—after he had the money he said he thought he should be able to obtain the missing dividend warrant, as it was in the hands of a Jew in Cardiff—he did not call my attention to any confession in the pocket-book—I noticed something was torn out—it is exactly as it was—he looked through the book for Chaplin's address, and then he found it in this book.

Cross-examined. Renouf said that the man did not sleep in his house as

he had no room, so he found him a bed elsewhere—lie told me he had been to Mr. Blosse—I understood Renouf that the young man left him quite recently, a day or two before visiting Mr. Blosse—I did not call his attentiou to the 6l. 12s. cheque, because I knew as a fact that it was cashed in the Isle of Wight, and that it could not have reached Renouf at all—he did not ask me for money for delivering up the papers—I authorised this letter to be written, and the statements therein are correct (Read: "Backhouse and Co. have received George Renouf's letter of the 16th inst., and cannot send him the receipt he wants, as they have to produce it in Court; though if it will assist him, they may say that the 10l. was given him for expenses and trouble after he handed them the lost cheques, and that he did not make any demand whatever.")

WILLIAM PRICE (Police Inspector, Cardiff). On the 10th September I took Chaplin, and on the 11th Renouf was brought to the station—he gave his name as George Renouf, shipwright, 40, Maria Street—I said to him, "Chaplin is in custody upon a charge of stealing a letter containing a number of cheques from the General Post-office in London, and you will be charged with receiving the same, knowing it to be stolen"—he said, "I knew they were stolen"—he remained silent for a minute, and then said, "But he told me he had stolen them from his father. I met the young man on board a Bristol boat coming to Cardiff on Saturday afternoon. He lent me 2s. to pay my fare. When we landed he came to my house on purpose for my wife to pay him the money. He had some food with us that night and Sunday, but I could not lodge him because I had not room. He went to lodge at an eating-house close by. He showed me a number of cheques, which he gave me to keep for him; sometimes he had them, and sometimes I had them. I saw him again on Monday, and we went to Mr. Jacobs to change one of the cheques. He told us he did not do business in the street, but if we wanted to do business with him we must come to his business place. We went to hid shop at the Docks and gave him one of the cheques. He said, 'I cannot advance you any money till I go and see my banker'. He went away, and we remained till he returned. He said, 'The warrant is good enough, but I cannot advance you money for two or three days; it will have to be sent away by the bankers.' We offered it for 25l. He had some food with me up to Tuesday, and on Tuesday morning I went to see Mr. Blosse, the solicitor; Mr. Blosse told me what to do, and I sent telegram away to Darlington. I heard from Messrs. Backhouse and Co., and I went up on Tuesday evening to Darlington. I received 10l., 5l. for my expenses and 5l. reward"—later in the afternoon I charged Chaplin, in Renoufs presence, with stealing a letter containing a number of cheques and dividend warrants from the General Post-office, London—he said, "Yes, I did take them"—I then told Renouf that he would be charged with receiving the cheques, well knowing the same to be stolen—Renouf turned round to Chaplin and said, "You know you told me you stole them from your father"—Chaplin replied, "You know well where I got them from; you thought you were going to make a good thing of it"—he said one had been changed in the Isle of Wight, but the whole of the others had been restored to their rightful owners—I afterwards, with Police-officer Shee, brought the prisoners to London—I received this dividend warrant for 31l. 15s. 7d. from Mr. Thomas, of the London and Provincial Bank, Cardiff, on the 11th—from the time Chaplin was taken till Renouf was taken and confronted with him, they had no opportunity of speaking together.

Cross-examined. I know nothing about Chaplin—I have heard he is the sou of a police inspector—reuouf did not mention any particular time at which Chaplin told him he stole the cheques from his father.

CHAPLIN— Five Years' Penal Servitude. RENOUF— NOT GUILTY .

Reference Number: t18791020-890

890. WILLIAM HENRY GREEN (17) and RICHARD BARNARD (12) , (Stealing a metal box the goods of the Great Northern Railway Company.

MR. A. B. KELLY Prosecuted; MR. FULTON Defended.

JOHN BAYNES . I reside at East End, Finchley, and am station master at the East End Station, Great Northern Railway—in the station there was a tin box nailed to the wall of the waiting room for contributions. in aid of the blind—I am unable to say when I last saw it there—I missed it on Monday morning, 15th September—I was at the station on Sunday night, but cannot say whether the box was there—it was last opened and the money taken out on or about the 5th August—this is the box (produced)—I found it in a field on the 19th September—it was broken off with an instrument which we call a'driftpin, also the property of the railway company—it was about 2 feet from the box—there was a farthing in it—I am unable to say whether there was money in the box when I last saw it on the wall, but I tapped it a day or two previous to the 14th and believe there was money in it.

Cross-examined. I opened the box about 5th August to. see what contributions had been given—there is no regulation as to the times for opening it—I use my own discretion—I cannot say how soon after the 5th August I tapped the box—unless I think there are 6s. or 7s. in it I do not sent post-office order—I would not swear there was money in it—it sounded like it.

WILLIAM EDWARDS . I am a porter at the East End Railway Station, Great Northern Railway—this tin box. was attached to the wall of the station—I saw it there last on Sunday night, the 15th September, at 10.20, when I locked the waiting-room door—the window was shut, but I cannot say whether it was fastened—I was the first person at the station on Monday morning, and found the lock of the waiting-room door had been tampered with and the bolts withdrawn from inside, but the doors being locked they had not succeeded in opening them—on going into the waiting-room I saw one of the windows was open—it looks on to a cab rank, and is about 3 1/2 feet from the road—I missed the box from behind the door, and I also found another box had been tampered with belonging to the Railway Benevolent Association, but it had not been opened.

JAMES LAVIN (Policeman G 82). I saw Barnard on the evening of the 15th September at East Finchley, close to where he lives, and from the description I had received of him from the station master, about 10.30 that morning I stopped him and said "Is your name Barnard?"—he said Yes"—I said "Where have you been on Sunday evening?" or if he had been at East Finchley Station—he hesitated for some time and said "I have; I was at the railway station until about 9 o'clock with a boy named Green"—in consequence of his communication I went to East Finchley with Barnard—I looked about for Green and found him in a school—Barnard was then speaking to his father—I said' to Green "Where

were you on Sunday evening?"—he said "I was at East Finchley Railway Station; I left there about 9.30"—I said "Do you know anything of the contribution box being taken from there?"—I asked him a second time before he answered me—he said "Yes; I saw a box hung on the wall; Barnard stroked it and said there was money in it"—I told them I should charge them both on suspicion of stealing the box and the contents—Barnard said in the hearing of Green "I didn't steal it; Green stroked it; and called my attention to it"—Green made no reply, but hung his head—as we were passing by the East End Finchley Railway Station, Green said "We might as well tell the truth; I took the box off" the wall and Barnard carried it out"—it might have been "Barnard took the box off and I carried it out"—it is nearly four weeks since now Green said "We took it to a field at the rear of the station to open it to take the money out, and on hearing somebody come we threw it across the hedge and ran away"—I sent for the station master, and with the boys went in search of the box, but could not find it—I took them to Highgate Police station and they were charged.

Cross-examined. The station master did not tell me to take the boys into custody—he said they were in the habit of loitering about the neighbourhood of the station, and from what he said I imagined they took the box—I did not tell Barnard I was going to charge him with stealing the box until I brought him in front of Green—I did not tell Green that I had been told by Barnard that he was the other boy who was there—I pointed out Barnard—Barnard said Green stroked the box, and said there was money in it—it was a voluntary statement to me—it was about an hour from the time I met Barnard to when I made the charge at the police-station—I cautioned them, and drew the attention of Green to Barnard when he accused him, and said "You hear what he says; be sure you tell the truth"—I did not add "It will be very much better for you if you do."

Re-examined. The loss of the box was communicated to the police, and a description of the boys, in consequence of which Barnard was apprehended, and he made a communication to me, and then I went to Green—I used no threat or inducement to the prisoners to make the statement.

CHARLES HEYNEN . I am manager of the Association for the General Welfare of the Blind—this is one of our collecting boxes which was placed at the East End Station, Finchley—it cost about 8s. 6d. as near as possible.


FOURTH COURT.—Tuesday, October 21st,1879.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18791020-891

891. ISABELLA RUTTER (26) , Unlawfully obtaining by false pretences from Frederick George Milner a cheque for 41. with intent to defraud.


FREDERICK GEORGE MILNER . I live at Bishop's Hope, Yorkshire, and have rooms at 18, Davies Street, Berkeley Square—in June last the prisoner came to me there, and said she wanted to get a girl, Mary Johnson, niece of a farmer at Bishop's Hope, into the Home for Incurables at Brompton, and asked me if I would help her to do so—she said she had enough money to get her there, but required 4l. for the outfit—I gave her a cheque for 4l., and

was induced to do so because she showed an intimate knowledge of all my family, and I believed her story.

Cross-examined. I did not know her before—she gave the name of Hudson—I was shown a number of women at the police-station on 1st September, but was not able to identify either of them—I saw the prisoner afterwards in the dock at Marlborough Street Police-court on her examination for this offence, and I said "That is the woman"—my solicitor and the detective were with me—the interview in June occupied about 15 minutes, and I did not see her again till 1st September.

Re-examined. I heard her speak in the Court, and recognised her by her voice and by her face.

ANN PITOR . I am wife of John George Pitor, of 18, Davies Street, Berkeley Square—in June a cheque was presented to me by the prisoner for 4l., and I gave her four sovereigns—I know Mr. Milner, and the cheque was in his handwriting and his signature—I next saw the prisoner in September in the yard at Marlborough Street with six or seven others, and I picked her out from them.

ELIZABETH PARRY . I live at 18, Davies Street, Berkeley Square—I was present when Mrs. Pitor cashed the cheque for 4l.—the prisoner tendered it, and she had the money—she said Mr. Milner had given her the cheque to cash, and she was going to Blackheath to pay a bill, and that she was one of Mr. Milner's household at York.

Cross-examined. I told the Magistrate she gave the name of Lucy Hudson—I cannot recollect if I said that the said Mr. Milner had given her the cheque.

LOUISA STRANGE . I am matron of the Home for Incurable Children, Cheyne Walk, Chelsea—I do not know the prisoner, and have never seen her—the application for admission of children would be made to me—I had no application from a person named Johnson—there is no other Home for Incurables in Chelsea.

JOHN WILLIAM HORSFIELD . I am chief constable of the Mendicity Society—I have known the prisoner about 10 years as Lizzie Stewart—I saw her on 1st September at the corner of George Street, Edgware Road—I said "Lizzie, I want you for obtaining 41. from Mr. Milner, of Davies Street, Berkeley Square—she said I do not recollect it; if I have been there I do not know"—I took her to Marlborough Street Police-court.

Cross-examined. I was not called at the police-court, and this is the first time I have given evidence.

JAMES O'DEA (Detective C). The prisoner was brought to the police-station on 1st September, and I told her I held a warrant for her arrest for obtaining 4l. from Mr. Milner, of Davies Street, Berkeley Square, and I read the warrant to her, and she said "I plead not guilty"—I have made inquiries, and there is no other Home for Incurables in Chelsea.

Cross-examined. She said "I am not that person, and I plead not guilty. Ann Pitor (Re-examined). Mr. Milner was lodging in my house.

GUILTY .**— Five Years' Penal Servitude.

Reference Number: t18791020-892

892. BURTON HARKNETT (24) , Robbery with violence on Edwin Hawes Hills, and stealing a scarf and pin.

EDWIN HAWES HILLS . I am a wholesale druggist at Wilson Stree', Finsbury—shortly aftet 12 on the morning of 12th September the prisonor

came to me in Market Street, South Place, and struck me a violent blow in the mouth, and stole my scarf and pin—he ran off, and I followed, and caught him by the back of the neck, and he again struck me in the mouth—I held him, and he resisted—a friend of mine came up to me and said "Teddy, Teddy, what's the matter?"—the prisoner took up the word, and said "Teddy, what's the matter; what are you doing?"—a policeman came up, and I charged him—he said "Policeman, it's ad—lie; I have known this man as a common bookmaker for 10 years; haven't I, Ted?"—I said "Certainly not"—we took him to the station with very great difficulty, and I retained hold of him till we got to the station—we were surrounded on the way by a large number of the prisoner's friends, who tried to rescue him, and were striking me on the back of the neck and head—I preferred the charge against him at the station, and saw him take this scarf and pin from his pocket and give it to the officer.

Cross-examined by the Prisoner. I did not send you for a Hansom cab about 12.30, or strike you in the mouth afterwards—I had my watch and chain when I went to the station, and my coat was buttoned up.

WILLIAM COOPER (Policeman G 126). I heard cries of "Police" in Finsbury Place, and proceeded to the spot—I found the prisoner and the prosecutor struggling—the prosecutor gave him in custody for stealing a scarf from his neck—I took him to Moor Lane Police-station and charged him, and took from his hand this scarf, which the prosecutor identified.

Prisoner's Defence. I am very sorry, but am a hard-working chap, and am quite innocent. He gave me some severe blows, and knocked me about and tore my clothes off. If I was going to rob him, I should not take hit scarf and pin when he had a watch and chain. He had had beer.


Reference Number: t18791020-893

893. EDMUND JARMAN (19) , Feloniously forging and uttering an order for payment of 120l. with intent to defraud. (See page 819.)


THOMAS ALEXANDER TROTTER . I am assistant cashier to Sir Samuel Scott and Co., Cavendish Square—about 12 months ago the order for this cheque book was presented at the bank—I believe the prisoner was the man, but I cannot identify him—upon that order I gave out a cheque-book for 120 cheques, as I thought the order was genuine—it was on a paper with printed heading similar to that of Mr. Hearn, our customer—the numbers of the cheques were 48841 to 48960.

WALTER FLUKE . I am one of the cashiers of Sir Samuel Scott and Co.—this cheque (produced) dated 25th November, 1878, was presented over the counter for payment on that date, with a paper with a heading similar to the one produced, containing instructions as to how the cheque was to be cashed, and I gave him 120l. in gold and silver—I identify the prisoner as the man who presented it—the signature I thought to be genuine.

WILLIAM HEARN . I am a builder at 26, Craven Terrace, Lancaster Gate—the prisoner was in my employment about five years ago for 18 months or two years as an office boy, and about a year ago he called to ask me for employment, and wrote to me for a character—the heading to the notepaper is similar to mine—this cheque is not signed by me or by my authority—it is in the prisoner's handwriting—I have teen him write.

Cross-examined, It is live years ago since I saw him write.

SQUIRE WHITE (Police Inspector E). I found the prisoner at the Rochester Street Police-station on 30th September last, and told him I should take him in custody for uttering a cheque for 120/. at Messrs. Scott's bank—he said "Oh, all right; I wonder you have not had me before"—he said be had been to America and spent the money, and had a jolly spree—he said he concocted it in an hour.

Prisoner's Defence. I did not forge the cheque, as my handwriting will prove.

GUILTY of Uttering. Eighteen Months' Imprisonment.

Reference Number: t18791020-894

894. JOHN FREDERICK ALSFORD (37) , Feloniously marrying Rachel Elizabeth Sumner, his wife being alive.

MR. PURCELL for the Prosecution offered no evidence.


Reference Number: t18791020-895

895. WILLIAM SMITHERS (14), WILLIAM WIMPORY (16), and HENRY OBNEY (15) , Forging and uttering an order for 49/. 10s. with intent to defraud.

MR. PURCELL Prosecuted; MR. M. WILLIAMS appeared for Smithers.

JOHN GREENWOOD . I am a timber merchant at Curtain Road—on going to my office on the morning of 11th September I noticed the safe had been taken from its stand and put on the floor—my cheque-book I had placed in the safe, and from what I heard I examined the cheque-book and found one cheque had been removed—this (cheque) is not my writing, and I never authorised any one to write it—I know all the prisoners; neither of them work for me.

JAMES PORTEUS . I am chief clerk; at the Shoreditch branch of the London and County Bank—this cheque was brought to us by Obney on the morning of 11th September, and submitted to me by a cashier—I detained it as irregular—I asked Obney from whom he had received it—he said from Mr. Gray, of Phipps Street—I said "Will you bring Mr. Gray to the bank!"—he was silent—I allowed him to go and followed him, but lost sight of him.

Cross-examined. I saw nobody join him outside.

JOHN PURSE (Policeman G R 26). On Saturday, 13th September, I apprehended Obney at his father's house, 4, New Inn Yard, and told him I should take him in custody for attempting to utter a cheque for 49l. 10s. at the London and County Bank, Shoreditch—he said "I did do so; it wag given to me by William Wimpory"—at the station he said "I will tell you the truth, constable; it was not Wimpory who gave me the cheque, but William Smithers, who brought it to my house, and asked me if I would take it to the bank, and stopped outside to see if I got the money"—I apprehended Smithers on the same day at his father's shop in Curtain Road, and he denied all knowledge of it—he said afterwards that during the Thursday he noticed Wimpory from tiu.e to time going through the shop backwards and forwards from his work saying he had got the diarrhoea—Wimpory gave himself up on the Sunday—I do not remember what the officer said to him.

Cross-examined. Smithers said he knew nothing whatever about it, and was innocent of the charge—the inspector thought there was not sufficient evidence and discharged him on the Saturday, and he came to the police-court as a witness, and from other evidence we received he was put into the dock as a prisoner.

STEPHEN MORRONEY (Detective Sergeant G). I was present when Wimpory was brought to the station—I told him the charge against him was for being concerned with others in forging a cheque on the Lon on and County Bank—he said "Smithers filled the cheque up and gave it to Obney to take it to the bank, and gave me 1s. to go out of the way, as if I did not they would think it was him"—I apprehended Smithers at 142, Hackney Road—he cried and said he was innocent—I took him to the station and showed him the cheque, and told him I believed the endorsement to be in his handwriting, and the officer on duty asked him to write his name and address and the name of Gray (produced)—I know Phipps Street, but cannot find Mr. Gray.

Cross-examined. He said the endorsement was not in his handwriting.

RIARD OBNEY . I am Obney's brother, and live at New Inn Yard—I know Smithers—he came to me on 11th September, and said "Where is your brother?"—I said "Inside," and called him out, and he said to him "Make haste; I have got it," and they went up the street together towards Shoreditch.

Cross-examined. I work at home—I remember the 11th—I looked at an almanack in the shop to see how many weeks it wanted to Christmas.

GEORGE OBNEY . I am another brother of Obney—I was at the corner of Church Street having my boots cleaned on Thursday morning, the 11th September, a little after 10 a.m., and saw Smithers waiting outside the bank opposite—I crossed over to look for my boy, and as I passed I heard Smithers say to my brother, "You cannot do me; I want mine," and then I saw him go up Oliver Lane.

Cross-examined I work in the same shop as my brother Richard—I know it was the 11th because it was Thursday morning, and I took some work home that afternoon—I cannot read—there is an almanack in the shop where my brother works.

JAMES DENT . I am a gasfitter in New Inn Yard, a thoroughfare running from Curtain Road to Shoreditch, near the Bank—on Thursday, 11th, I was standing at my shop door, and saw Smithers come and knock at Obney's door—he touched his hat and said "Good morning, Mr. Dent"—as he knocked at the door I saw in his hand a London and County cheque—there is only five inches between my door and Obney's door—I saw him go into the passage, and afterwards saw him go towards the bank with young Obney.

Cross-examined. I am not a friend of the Obney family—I was not examined before the Magistrate—I am subpœnaed here, and was not asked to come—Smithers was not three yards from me when I saw the cheque—he had it twisted round in his hand as if to keep it from blotting—anybody could see what kind of a cheque it was—I could see the London and County Bank written in the cheque—perhaps it was a branch—I have been in the habit of employing Obney to collect my little debts on Saturday for the last two years, and have never found anything wrong with him, and I think he has been misled.


Reference Number: t18791020-896

896. JOHN SMITH (25) , Robbery with violence on Charles John Henry Meinke, and stealing part of his watch-chain.

MR. PURCELL Prosecuted; MR. FRITH Defended.

HENRY MEINKE . I am a tailor, at 16, Bedford Court, Covent Garden—

I was in Garrick Street about 11.45 p.m. on. 17th September—I had a gold watch and chain—I did not notice any one till I got to the Garrick Club, when two men passed just in front of me, and two other men were behind me, and the left-hand man struck me under the chin, and with the other hand caught my watch and chain, and tried to knock my hat over my eyes with a little stick—I got hold of part of the chain and kept it in my hand, and caught hold of the stick and knocked him back—I cried "Police!" and the left-hand man ran across the road—I thought be had my watch and chain, and I ran after him and tried to knock him down, and the prisoner struck me behind and knocked me down—I fell against the lamp-post and broke my arm and split my knee—the prisoner was then taken in custody—I said to the constable in his presence, "That is the thief who knocked me down"—he replied "I tried to help you up"—the constable helped me up and no one else—it was found at the hospital that my arm was fractured at the shoulder.

Cross-examined. I had only had a pint of beer and threepenuyworth of biscuits—I had been to the Swiss Hotel and nowhere else—the whole affair took no more than two minutes'—I did not say it was one of the number who stood there, but it was not either of the other two—I first of all said I had lost my watch—I was stripped at the station, and asked the policeman to look into my waistcoat pocket, and my watch was found there and I was surprised—I told the constable about the prisoner striking me with a stick, and I asked the prisoner if that was his stick and he said "No."

ARTHUR ILSBY (Policeman E 272). On 17th September, about 12.30 a.m., I saw the prosecutor in Garrick Street lying on the ground—three persons stood four or five yards away, and he said "Some one there has robbed me"—I asked him if he could recognise either of the two men—he said "No," and he recognised the prisoner, who was standing against the shutters—the prisoner said he helped to pick him up—the prosecutor said "You did not help me to get up, I got up myself—I saw him get up—part of the watch chain was found in the prosecutor's hand and the watch was in his pocket.

Cross-examined. The prisoner was standing there during this conversation—the prosecutor had been drinking nothing was found upon the prisoner—the prosecutor first said he had lost his watch, and at the station it was found in his possession—he said nothing to me about a man striking him with a stick—I saw a small stick about 15 inches long in the prosecutor's hand—he said at the police-station that he had hurt his arm, and that some one had pushed him down—he did not say he had let go of one man and followed another—he charged the prisoner with being concerned with three others not in custody for stealing part of the chain and assaulting him.

Re-examined. The prosecutor was excited—he was injured, and could not move his arm to get to his pocket.

HENRY MEINKE (Re-examined). When the two men had passed me it was the prisoner who came up to me on the right—the man on the left struck me under the chin—I ran after the man on the left and while running after him the prisoner knocked me down.


There was another similar indictment against the prisoner, upon which no evidence was offered.


Reference Number: t18791020-897

897. CHARLES WILLIAM KNAPP (19) and EDWIN CLAUDE PALMER (18) Pleaded Guilty to stealing a watch and chain and other goods and money, the property of John Richards and another, in the dwelling-house of Arthur Thomas Lewis and others. (See page 860.)

Reference Number: t18791020-898

898. WILLIAM WALKER (36) to feloniously forging' and uttering an indorsement on a cheque for payment of 8l. 5s.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]


Reference Number: t18791020-899

899. JOHN ALEXANDER VERBORG , to burglary in the dwelling-house of William Bowenkelman the elder, and stealing therein two coats and other articles and 1l. 4s. in money.— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]

OLD COURT.—Wednesday, October 22, 1879.

Before Mr. Justice Hawkins.

Reference Number: t18791020-900

900. HARRY TEWKSBURY (24) , Feloniously wounding Hannah Georgina Pamphillon, with intent to murder. Second Count, with intent to do grievous bodily harm.

MR. CBOOME Prosecuted; MR. FRITH Defended.

HANNAH GEORGINA PAMPHILLON . I am the wife of Thomas Pamphillon, a shoemaker, of 16, Arthur Street—on the night of 29th September, about 7 o'clock, the prisoner, who is a labourer, came to the house—I told him he was not to come in; if he did I would send for a policeman and have him turned out—he called me a wh——I asked him if he could prove that I was a wh——he went out, and between 9 and 10 he came back—he knocked at the door; I opened it, and said he was not to come in, and if he did I would send for a policeman and have him turned out—he came in—there was a candle on the table—he took it up and went into the back room—I followed him and said "There is nothing in here belonging to you"—upon that he blew out the candle, caught hold of me, and threw me on the ground—I felt him feeling for my throat, and I put up my hand and felt the knife and caught hold of it—he said he would murder me—he let go of the knife when I caught hold of it—I had a cut in my right hand on the thumb—I got up, lighted the candle, and went into the front room—the cut on the thumb was as I held the knife—the cut was received in my taking hold of the knife—when I went into the front room my husband came home—I opened the door—the prisoner was then sitting in a chair in the front room—he had gone in there before me; he had only just sat down—my husband said "What is the matter?"—I said "Fetch a policeman and lock him up"—he went to fetch a policeman—the candle was lighted when my husband came in; I had lighted it.

Cross-examined. My husband came in directly after I was cut, it might have been four or five minutes, by the time I lighted the candle and went from one room to the other—the rooms do not open the one from the other; there is a passage to go down—I was not remaining in the room with the prisoner; I had only just got into the front room as my husband came in—he did not say anything about the prisoner being there; he only said "What is the matter?"—the prisoner lived next door—he was in the habit of coming to our house when I was alone—he has not stayed very long, sometimes half an hour—a person lodged upstairs—there was nobody in the room at this time but the children, one is four years old, and the other two—he was always coming in sometimes when my

husband was at home, and sometimes not, very nearly every night—my husband has found fault with me for having the prisoner to see me when he was away—he expressed no surprise at seeing him there on this occasion, because as soon as he came in he saw me bleeding, and asked what was the matter—I did not say that in forcing his way in he cut my hand—I never said so to anybody.

By the COURT. My hand was bleeding very much; I had it rolled is my apron—my husband saw my hand, and the baby I had in my arms was covered with blood—he did not ask me how it came to be in such a condition—there were no angry words between me and the prisoner; before he did this he had called me a wh—at seven o'clock, and said he would come in to annoy us—I always told my husband when the prisoner came—I have never told him he had not been when he had—my husband told him he did not wish him to come, and if he did he should shut the door in his face—ho continued to come after that—I don't know whether the knife was lying on the table; I did not see him pick it up—as soon as I got into the room he seized hold of me, and threw me on the floor—we have not found the knife; I must have put it down after taking it from him—I don't know what became of it—it was a black-handled knife—we had been using it that day at dinner time—there was not a bed in the room where this happened—he had the knife in his hand when he threw me on the ground—I did not see the knife, I felt it; it was dark, I could not see—I think he was kneeling down beside me—I struggled, but I did not catch hold of anything.

MR. JUSTICE HAWKINS expressed a doubt whether upon this evidence the intent alleged could be supported; the intent must accompany the act; in this. case, the prosecutrix, to prevent being injured, herself seized the knife, and so caused the wound, Although it might amount to unlawfully wounding, the intent could scarcely be inferred. As the point did not appear to have been raised, he would, if necessary, reserve it.

THOMAS PAMPHILLON . I am the husband of the last witness—I have known the prisoner 10 or 11 years—he has lived next door seven years—I did not know that he was in the habit of visiting my house in my absence—I forbade him in the house, because he used to come there to annoy us—. he said he would come in—I don't know why he wanted to come—on the night of 29th September I came home as the clock was just striking 10; my wife opened the door to me—the prisoner was there sitting in the chair—I saw that my wife was bleeding—I did not notice where from—I asked her what was the matter—she said "Go and fetch a policeman; I will lock him up"—the prisoner said "If you fetch a policeman I will do for you as well"—I fetched a policeman, and gave him into custody.

Cross-examined. He used to go in while I was out, my wife told me so, and that she told him to keep out, but he would not—I can't make out why he should come there to annoy me—my wife told me of his coming, not the neighbours—I know he came several times after I forbade him—I went home once or twice and caught him there—my wife did not show me the knife—I have searched for it, and cannot find it—I left my wife at the street door when I went for the policeman; I met him in the next street as I came back.

SAMUEL SQUIRES (Policeman N 243). I was called to the prisoner's place about 10.30 p.m. on the night of the 29th—I found the prisoner and

prosecutrix there—I noticed that her hand was cut, and her apron saturated with blood—she said "Come in, policeman, see what this man has done" pointing to the prisoner—I went in—the prisoner said "Are you going to charge me, Hannah?"—she said "Yes"—he said "If you had not given me a b——good showing up in Well Street to-night this would not have happened"—on the way to the station he pulled this pocket-knife from his trousers pocket and offered to give it to the prosecutrix—I took it from him.

Cross-examined. She was not under the influence of drink—when he I offered her the knife he said "Here, Hannah, take this"—there was no I blood on it—I searched the room for the table-knife, but could not find any—I asked him what he had done with it—he said "She knows where it is"—she made no reply—she saw a doctor at the station.

HANNAH GEORGINA PAMPHILLON (Re-examined). I had had some words with the prisoner in Well Street that night at 8 o'clock, after he had been to the house at 7 o'clock—I went out to get some bread, and he called me a wh——as I passed—I asked him if he could prove it—there were a lot of men standing there; he kept laughing at me—I did not call him any bad names, I called him a monkey, nothing else—it was about an hour and a half afterwards that this occurred—I had seen him on the Saturday previous with another woman, and had a drop of ale with him—he gave me a two-shilling piece to get some gin, and I gave him the change.


Reference Number: t18791020-901

901. FRANCOIS GARCIA (33) , b—g—y with William Elvin.



GUILTY of the attempt Eight years' Penal Servitude.

There was another indictment against the prisoner for a like offence.

Reference Number: t18791020-902

902. JAMES CAULSTON (16) , for a like offence.

MR. ISAACSON Prosecuted.


THIRD COURT.—Wednesday, October 22nd, 1879.

Before Mr. Common Serjeant.

Reference Number: t18791020-903

903. HENRY BOWMAN (26) , Stealing 50 brushes, the goods of Robert Alexander Rooney, his master, and ISAAC VICTOR and CAROLINE OVERTON feloniously receiving the same.

BOWMAN PLEADED GUILTY to stealing part of the goods.

MESSRS. POLAND and AUSTIN METCALFE Prosecuted; MR. PURCELL appeared for Bowman, and MR. THORNE COLE for Overton.

CHARLES GIESECKE . I am a hairdresser, at 39, Norton Folgate—I knew Victor prior to 12th September—he is a dealer in second-hand tools—I went to his shop on 12th September and bought two razors for 9d., and he said "I have some very nice brushes to sell you"—he knew I was a hairdresser—I said "Where are they?" and he fetched two brushes and showed them as a sample at 1s. 4d. each—I said "How many have you got?"—he said "About 24"—I said "I will have them, and will call back in about an hour's time for them"—he called upstairs to some one to pack 24 brushes, but I said, "Do not pack them till I have seen them"—I called again in about an hour, and Victor took me to the second-floor front and showed me about 30 brushes—I looked

at them and said "They do not look like those you showed me downstairs, they look knocked about, and some of them have the bristles bent in"—he said "Never mind, they came a long way from the country, and some b——fool did not know how to pack them, that accounts for these dents"—I said "They do not look to me to be finished, some of the hair is longer than the others"—he said "Well, that is the way I had them sent, and you can amuse yourself by taking the scissors and clipping them straight"—I said "I do not want all those brushes, I only want this pair"—I do not know much about hair-brushes, but I should call these unfinished, and should not buy them usually in that state for use—I bought six pairs upstairs, for which I paid him 6s.—he then took me back to the first floor and showed me a musical box, and I bought another pair of brushes for 2s. 6d.—I saw upstairs furniture and a lot of things—on my way home I called on Mr. Simpson and showed him the brushes, and from what he said I went to Mr. Rooney.

Cross-examined by Victor. The room you took me to was a wareroom fitted with glass cases containing goods—you showed me some new razors and said you could get a gross or half a gross—I can swear you used the expression "b——fool, "and you said they came a long way from the country.

Cross-examined by MR. COLE. I have been in business 20 years, but have never sold brushes—I buy them unpolished at 2s. 6d. per pair for shop use.

JOHN MITCHELL (City Detective Sergeant). On Friday, 12th Sept, about 4 p.m., I went to Mr. Rooney's warehouse, 27, Bishopsgate Street, and saw Mr. Rooney and Giesecke, and from their information I, with Davis, went at about 4.30 to Victor's shop, in Widegate Street, Middlesex Street, about 200 yards off—it is an open shop, without windows, where old tools and other second-hand goods were sold—I saw no brushes exposed for sale—I saw Victor's son, and then wont up and saw Victor in the second-floor front room—there were in the room a bed, a child's cot, a couch which Victor was sitting on, and a chest of drawers containing wearing apparel—I do not remember seeing any glass cases—there were articles of merchandise, some amber for pipes, some small nail-brushes, and other things—we were in plain clothes, and Victor knew both of us—I said to him, "We are two police-officers, and have come in consequence of Mr. Giesecke calling upon Mr. Rooney, brush manufacturer, Bishopsgate Street, to-day, and showing him some brushes, which Mr. Rooney has identified as property stolen from his warehouse, and Mr. Giesecke telling him that he had bought 14 brushes of you to-day, and paid you 1s. 4d. each for them; is that true?"—after considering a moment he said, "Yes, I sold Mr. Giesecke 14 brushes to-day, and charged him 1s. 4d. each for them"—I said, "Have you any invoice?"—he said, "No, but I think I shall be able to satisfy you as to where I got them"—after considering two or three minutes, and my reminding him that I was waiting for an answer, he said, "well, I bought those brushes of a Mrs. Overton"—I said, "Where does she live?"—he said, "In Artillery Lane, close by, and keeps a greengrocer's shop"—I said, "When did you buy them?"—he said, "Within two or three days"—I said, "What did you give her for them?"—he said, "1s. each"—I directed Davies in his presence to fetch Mrs. Overton—these 13 hair brushes and five clothes brushes (produced) were on a sideboard near Victor, and I said, "Did you buy

those as well from Mrs. Overton? "pointing to them—he said, "Yes, and paid her the same price, 12s. a dozen"—Davies shortly afterwards returned with Mrs. Overton, and came into the room where we were—I said, "Mrs. Overton, we are police-officers, as Mr. Davies has told you; Victor says that you sold him some brushes within this last day or so; is that true or false!"—she considered a moment and then said, "Yes, I did sell him some brushes"—I said, "When?"—she said, "Last Monday"—that would be the Monday before the 12th—I said, "How many did you sell him?"—she said, "I do not know"—I said, "What did he pay you for them"—she said, "1s. each"—I said, "Where did you get them from?"—she said, "Well, I am a dealer in such things; I bought them at the New Cattle Market"—I said, "From whom?"—she said, "From various persons"—I said, "When did you buy them?"—she said, "Oh, from time to time within this last month"—I said, "You must consider yourself in custody; you will be charged with receiving a quantity of brushes, the property of Mr. Rooney, of Bishopsgate Street, knowing them to have been stolen"—I then turned away to speak to Victor, when Davies said, "Sergeant, Mrs. Overton wants to speak to you privately, and I went by the door and said to her, "What is it you want to say to me?"—she said, "Well, I do boy things in the Cattle Market, but I did not buy those brushes there. Will you step a little farther back, as I don't want Victor to hear what I say"—I said, "You had better speak out openly, so that we can all hear"—she said in Victor's hearing, "Well, I know a young man named Henry Bowman, who works for Mr. Rooney, a brush manufacturer, of Bishopsgate Street; I bought those brushes that you have shown me of Bowman from time to time, and paid him 6d. each for them"—I then said to Victor, "Mr. Victor, you have made two statements with regard to the brushes: first, you told Mr. Giesecke that you had the brushes from the country, and now you say that you bought them of Mrs. Overton; you will be charged with being concerned with Mrs. Overton in receiving a quantity of brushes, the property of Mr. Rooney, knowing them to be stolen. Have you any more brushes which you have bought at Mrs. Overton's on your premises?"—he said, "Yes, you will find some in the top drawer, "pointing to it—his daughter opened it for me, and I found in it 11 horse brushes, two crumb brushes, and two clothes brushes (produced)—I said, "Where did you get these from, Mr. Victor?"—he said, "I bought them all of Mrs. Overton from time to time this last three months, and have paid her 12s. a dozen for them"—before we left the room I found these three broom-heads (produced), which he said were bought of Mrs. Overton—we searched the premises, but these were all the brushes we found—I took them both to the station, and then went to Mr. Rooney's warehouse close by, and took Bowman in custody—the three prisoners were brought together at the station, and formally charged, Bowman with stealing and the other two with receiving 50 brushes—Victor, addressing Mr. Rooney, said, "Do you intend to press the charge against me? If you do I have my remedy"—Mr. Rooney made no reply.

Cross-examined by Victor. You were lying on a couch when I went into the room—I do not think you were asleep; I thought you were shamming; you had your eyes closed—your son touched your arm and said, "Father, there is some one wants to speak to you"—you had the appearance of a person in health—I did not hear Mrs. Overton when she was brought into the room say, "Mr. Victor does not know where they came from—I or

Davies must have heard it if she did—I said on the first examination she might have said so—there were goods in the room, but it was also a living room and bedroom—you did not hesitate when I asked you whether there were any more brushes—you knew I should search the place—you did not volunteer the information till I asked you—the remainder of the brushes lay open and exposed on the table, and any one entering the room could see them—I know Mr. Overton is a harness-maker, but I did not know that he sent harness for sale to Stapleton's, and purchased harness for sale.

Cross-examined by MR. COLE. I have been in the police 16 or 17 years, and have known Overton's shop all that time—one side is a greengrocer's, and the other side is used for harness-making—I and Davies went to Victor's together, after receiving information from Giesecke, for the purpose of arresting him if his answers were not satisfactory—we were there 10 or 15 minutes before I sent Davies to Overton's, and in five or six minutes he brougut back Mrs. Overton, and we remained there about half an hour.

JOHN DAVIES (City Detective). On 12th September I went with Mitchell to Victor's house—I went from there to Mrs. Overton's, about 4 p.m., and said to her "I am a detective of the City Police; Mr. Victor is in custody on a charge of receiving a quantity of brushes, and says he bought them from you, and you will have to go with me to his house"—she made no reply—she went with me, and outside the house she said voluntarily "I will tell you the truth, I do sell brushes, but I bought them at the Cattle Market from time to time"—I said "Did Victor know where you got them from?"—she said "Yes; he knew as much about it as I do"—I then took her down to Victor's house to Sergeant Mitchell—I heard the conversation between Mitchell and the prisoners, "but did not hear Mrs. Overton say that Victor did not know where the brushes came from—I was close by her, and if she had said that I must have heard it.

Cross-examined by Victor. I asked her if you knew anything about them, and she said Yes, you did—I thought she was telling the truth—I heard Mitchell say at the police-court "I will not swear that Overton did not say that Victor did not know where she had got them from, but I did not hear it "

Cross-examined by MR. COLE. I said to Overton "Did Mr. Victor know where you had been getting these brushes from?"—she said "Yes, he did."

JOSEPH NOWLAND . I am messenger to Bordier and Co., merchants, 44, Coleman Street—I was in Mr. Rooneys employment and knew Bowman as a fellow-servant there—I was at Victor's shop in Widegate Street in November last, buying some tools, and Bowman came in and said to Victor "I see you are engaged now, I will call in again; "I recognised Bowman's voice and turned round and saw him, and he went away—the shop con-tained a general stock of everything; some horse brushes; some hair brushes, which appeared new, but to have been in stock some time; also stock, distemper, scrubs, and other kinds.

Cross-examined by Victor. I was subpœnaed last Thursday—I knew Bowman and recollect his calling at your shop on the day mentioned—I made no remark to you.

CHARLES ISACKE . I have been employed in Mr. Rooney's warerooms 10 years during Bowman's employment there—he was there 11 years—I

have seen him going into Overton's shop 40 or 50 times within the last 12 months, and thought he had his meals there.

Cross-examined by MR. COLE. Bowman was in Mr. Rooney's service before I went—his family, live opposite Overton's—I know the Overtons have been kind to the widow Bowman and her family since the death of the father.

ROBERT ALEXANDER ROONEY . I am a brush manufacturer at 27, Bishops-gate Street—the brushes are made at my factory in Shoreditch, and some of them are finished at Bishopsgate Street—Bowman has been my porter and warehouseman 11 years—here are 14 brushes: one at 3s., four at 2s. 6d. each, eight at 2s. 8d., and one at 2s. 2d., making 1l. 16s. 6d. wholesale price—they are new and of my manufacture, and 10 of them have the hair untrimmed—the trimming is always done at Bishopsgate Street—these 13, found on the sideboard, are also of my manufacture, the wholesale prices are 12 at 2s. 8d. each, and the other one at 2s. 2d., the 12 being unfinished in the same way as the others—these five new clothes brushes are finished—the wholesale prices are: one 2s., another 3s. 6d., and the other three 4s. 6d. each—these 11 horse-brushes are new, two of them are unfinished, being without the web strap handles—the prices are 2s. 3d. each—these two clothes brushes are finished, prices 1s. 9d. and 4s. 6d.—the two crumb brushes are finished, and the wholesale prices are 1s. 9d. and 2s.—the three broomheads are new, finished, value wholesale 3s. 9d., 3s., and 4s. each, they are all my manufacture—the total value is 4l. 8s.—I missed a large quantity of property from time to time—I never sell unfinished brashes—Bowman had access to my property, and until this matter was discovered I had every confidence in him—he had no authority to take brushes out to sell—Victor when in custody at the station threatened proceedings against me if I pressed the charge.

Cross-examined by Victor. I have seen you before—you did not to my knowledge know my father—he has not taken an active part in the business for 25 years, and has been out of business 15 years, and is seldom in England—I knew you were a neighbour—you may have been in the habit of purchasing articles in the shop—I bought some ink from you once for shipment—that is the only transaction that I recollect—from what I have heard since I should still continue to press the charge—the brushes which you now produce are not marked at a fair market price—I would give an order for 100 gross of them at the price marked—they could not be made for the money—they are marked 1s. 1d.—I know the patterns well; they are not my manufacture—Sergeant Mitchell told me a long time ago that Nowland had given him some information—it is three years since I first sought the assistance of the police, and we were baffled then—when this matter cropped up I believe Nowland saw Mitchell, and made a communication to him which resulted in his being called—I have not otherwise spoken to him twice in two years—he was formerly in my employment, and left to better his condition—my feeling is to punish the receivers more than the thief.

Cross-examined by MR. COLE. The wholesale prices on every brush are subject to a trade discount of 10 per cent.

Witnesses for Victor.

HENRY VICTOR . I am Victor's son—I was at the door on 12th September when the detectives came to say they wanted him, and I took them upstairs

on the second floor—he was very ill and asleep on a couch, and I woke him—when Mrs. Overton arrived Sergeant Mitchell asked her one or two questions, and she turned round and distinctly said, "Mr. Victor did not know where the brushes came from"—I was beside my father, and about a yard and a half from Mrs. Overton—I heard that distinctly—he paid Mrs. Overton an increased rate for some goods.

Cross-examined. I have been present when my father has paid Mrs. Overton money, and have seen him pay 2s. each for horse brushes, and 2s. 6d. for broom-heads—he has for many years been in the habit of buying new brushes and unfinished ones also—I do not know Bowman, and have never seen him at my father's shop—Mrs. Overton I have seen many times—I knew they were greengrocers and saddlers—I have not seen her bring the brushes to our shop—they were not always paid for at the time—I have known her seven or eight years—she has brought brushes to my father's place within the last five or six months—I cannot say when before that, but not during the whole of the last twelve months—the first time was since August last—when she brought them she went sometimes in the shop and sometimes on the first floor—I never saw her on the second floor—she brought them openly in her hand in a newspaper parcel—my father sometimes keeps entries in books—we have no book that I know of containing entries—they were generally cash transactions with Mrs. Overton—she used to bring four or five brushes at a time; I have seen as many as a dozen—she never gave a receipt for the money that I know of—I did not tell the officer yesterday that I had often cautioned my father against dealing with these brushes—I have cautioned him to be careful, because in a business like ours we can very easily get into trouble—I never cautioned him about these goods—he has bought other goods of Mrs. Overton, saddles, buckles, &c., and she never gave a receipt.

By MR. COLE. I have seen her at the Cattle Market on the Friday afternoon buying goods—there is a general market and fair every Friday, and you can buy there almost everything.

Re-examined. I have seen Mr. Overton call upon my father, and his son has called occasionally, and Mrs. Overton would sometimes come to fetch articles we were in the habit of selling to her—I recollect about three or four months since, my father buying from Mr. Overton a quantity of horse clippers and horse brushes.

LEONORA HALL . I am Victor's daughter, and am married—I was present on 12th September when the detectives came, and heard Mrs. Overton say "Mr. Victor does not know where these brushes came from"—I have a alight recollection of Mitchell asking him the price he gave for those out of the drawer, and I said 1s.—he asked if he had any more, and he referred him to the contents of a drawer—I do not remember his mentioning the cost of the larger brushes.

Cross-examined. My father said he gave 1s., each for the hair brushes—I do not recollect that he said what he gave for the others.

Victor's Defence. I am a dealer in every description of goods, new and secondhand. I have conducted my business with the utmost care and caution, and have occupied one place 22 years. I have assisted the police more than once by detaining goods that I believed to have been stolen, and if I had been permitted to explain this transaction it is a question whether I should have been here. I did not assert positively that these things came

from the country. A tradesman is scarcely expected to state where he buys his goods, and may therefore make an assertion which is not strictly the fact. They were inferior brushes, and they were in the same unfinished state when I disposed of them. Mrs. Overton, at her own house and in my room, distinctly said that I knew nothing about where they came from, and Mitchell has admitted that she might have said so. I have bought goods for years from Mrs. Overton, and have always looked upon Mrs. Overton as a woman of business, and in buying of her I considered that I bought of him. Our transactions were always open and above-board, and I believed the goods had been honestly come by. I bought them at 1s., each, and sold them at a profit of 4d. or leas. I was lying prostrate with debility when the detectives came into the room, and naturally hesitated when spoken to under such circumstances. I gave at once the required information from whom I had bought them and what I paid. I never spoke to Bowman in my life or had the slightest communication with him. I was permitted by the Magistrate to go out on my own recognisances.

Overton received an excellent character.

ROBERT ALEXANDER ROONEY (Re-examined). Bowman was in the work shop four years, and I took him out of it.

By MR. COLE. I never knew one man to make a brush.

GUILTY . The Jury strongly recommended OVERTON to mercy on account of her character. — Twelve Months' Imprisonment. BOWMAN strongly recommended to mercy by the prosecutor.Twelve Months' Imprisonment. VICTOR— Five Years' Penal Servitude.

Reference Number: t18791020-905

905. HERBERT BOOTH (35) , Robbery on William Henry Margerum Fenn, and stealing from his person a bag containing 4l. 5s., his money.

MR. CRAWFORD Prosecuted.

WILLIAM HENRY MARGERUM FENN . I am a refreshment contractor, at 14, Church Street, Pimlico—I have business at Lillie Bridge Grounds, Filham—on 29th September I was going along the grounds, and in my left-hand jacket pocket was a 5l. bag of silver, from which I had just paid 15s.—I had to pass through a crowd, and got hustled, and was set upon by Booth, who struck me about my head and face with his fist—I had not had words with any one—there were eight or ten others—when I got away from them I felt in my pocket for my handkerchief and the bag of silver was gone—Squire took him in custody, and said "Leave him to me; get away."

Cross-examined by the Prisoner. I accused you of the assault, but not of the theft—I did not strike you—I did not accuse you of stealing a betting ticket out of my hand—I did not draw 50s. of a bookmaker for the ticket—you hit me—I had no communication with you previously—I did not see the constable rush through the crowd and strike you with a stick and take hold of your collar—I did not follow to the station till about 7—the match was over, and I was passing through the crowd where you and your friends were.

Re-examined. There is no truth in the statement about my having a betting ticket—I am a contractor on the grounds, and have a number of men there.

CHARLES SQUIRE (Policeman T 191). I was on the grounds on 29th September, and saw Mr. Fenn with some men round him—I saw Booth

strike him on his eye, and his face was covered with blood from his nose—I was behind about a dozen, and there were about 50 or 60 men round him, hustling about—I had known Booth before, and knew some of the men with him as his companions—I said to Booth "You will have to come with me to the police-station"—he said "Yours—, you shan't take me," and hit mo behind my ear—it stunned me for a minute—I said "I shall take you"—he called out to his companions, and I struck one of them with my stick, and was going to strike Booth when a constable came and he was taken to the station—he gave his address as 7, Oldbury Street, King's Road, Chelsea, but I found he did not live there.

Cross-examined. I struck at you and it hit the. constable's hand—I did not swear at you—I was assisted by a uniform constable, and three other policemen walked with us off the ground—there were 20 constables in the grounds at the time—I did not go to Cheltenham Street; you only gave me the one address—Mr. Fenn had a black eye, and his handkerchief was covered with blood.

Re-examined. I had seen Booth and his companions on other occasions on the grounds and in the King's Road.

WILLIAM HENRY MARGERUM FENN (Re-examined). I feel the effects of the blow in my neck now—I did not consult a doctor—the black eye went away in about five days—one of the blows struck my nose and it bled.

Prisoner's Defence. I went to the grounds by myself. I have no friends in London. I am an auctioneer's assistant in Great Russell Street I had no employment on the Monday, and while on the Lillie Bridged rounds I stood by a bookmaker, and there was a great rush after a pony race to draw the money, and Mr. Fenn came up to receive his money and accused me of stealing his ticket, and struck me on my throat I asked him what he meant, he turned away and I followed him. A constable came up and laid hold of me and I was given in charge for stealing a ticket Mr. Fenn charged me at the station with the assault, and the constable asked him if there was anything more, and he said he had lost a bag of silver containing 4l. 5s. I knew none of the people there. The bookmaker promised to come here and prove that he had a bet and drew 50s. of him with a ticket.

GUILTY of the assault with intent to rob. Twelve Months' Imprisonment.

NEW COURT.—Tuesday and Wednesday, October 21st and 22nd, 1879.

Before Mr. Recorder.

Reference Number: t18791020-906

906. VALENTINE SEMIBRAVE DOBROWOLSKI (33) , Forging and uttering a receipt, with intent to defraud.

MESSRS. GRAIN and TICKELL Prosecuted; MR. METCALFE, Q.C., Defended.

ANTONIO LUIGI MORA . I live at 74, Mortimer Street, Cavendish Square—in June, 1878, I lodged with the defendant's father in Milton Street, Dorset Square—the defendant also Jived there—I had just come to England, and I said that I should like to find some words to compose music to; some words were lyin there, and the result was that I composed the music of "The Tar's Return"—I cannot say whether I received the words from the defendant's father—I went to Signor Foli with the song; he liked it very much, and I went there again with the defendant, who desired to publish the piece, and made an arrangement that he was to pay 5d. or 6d. and a

royalty of 2d. to myself, the music being my own composition and my own property—the song was taken to the engraver's on I believe the same day 10th or 11th July—I saw Signor Foli about February, 1879; I had sold him my right to "The Tar's Return" for 10 guineas, and gave him this receipt (Dated February 5, 1879)—the song was sold to Madame Foli, who paid me, and a day or two after Signor Foli's return from America I gave him the receipt, dated on the day the sale took place, but he was not in London then—on 21st May this year I believe, I went to Mr. Poole's office in consequence of an appointment made by Mr. Chappie, and Mr. Poole showed me my original MS.—I had signed my name to the song, and it being an Italian name, in giving directions to the printer I signed again underneath in a back handwriting so that it should be clear enough for the printer to engrave it—there was not a very large space between the two signatures.

HERBERT POOLE . I am a solicitor, of Bartholomew Close—I have a subpoena to produce a song called "The Tar's Return"—I do not produce it; it is not in my possession—whatever information I possess on the subject I acquired in the professional capacity of solicitor, and I object to answer any question on the subject except under his Lordship's direction.

VALENTINE DOBROWOLSKI (The Prisoner's father). In July, 1878, I sent the MS. of "The Tar's Return" to Mr. Bray to be engraved—I do not know whether I have had all the documents in my possession since then; I have not had the MS. since—I swear that—I had it to carry to Mr. Bray to engrave, but what became of it afterwards I do not remember—I cannot remember seeing it—I will swear I have never seen it this year—I did not receive it back from Mr. Poole—I was with my son when he took it to Mr. Poole; we were both consulting Mr. Poole as a solicitor—I will swear I did not see it after that.

MR. LICKFOLD. I saw at the Guildhall Police-court the MS. of a song called "The Tar's Return"—I received it as solicitor to Dobrowolski—I object to produce it on the ground that it is my client's title, and secondly it is my right as solicitor—I have it. (MR. GRAIN submitted that he had now laid sufficient foundation for admitting secondary evidence.

MR. METCALFE contended that the ordinary rule being that a document delivered by a client to a solicitor was privileged, there was nothing in this case to take it out of the ordinary rule, but on the Court expressing an opinion that secondary evidence was admissible, MR. METCALFE consented to produce the document.)

ANTONIO LUIGI MORA (continued). This is the original MS. of "The Tar's Return"—I find the two signatures here, and between them is written "Received 30s. from V. S. Dolrowolski for music of Tar's Return, July 6th, 1878"—I first saw that in Mr. Poole's office in May this year—I never sold the music to him for that or for any sum—this is the prisoner's writing—I never gave him authority to write those words; I was very much surprised when I heard of it.

Cross-examined. I received 3l. and some shillings for him when he was out of town, and that was for other affairs entirely—I came to England more than a year ago; three months before I went to the prisoner's house—I come from Milan, but I was born in Turin—my wife came with me; we have no family—I was not in great difficulties when I went to the prisoner's; I was composing, and I had several engagements, concerts—I cannot say how I

I came to go the prisoner's house—my wife did not apply for the place of housekeeper—there was an advertisement in the paper for some employment at the prisoner's house relating to music, and my wife went in the morning, and I went in the evening—I did not tell the prisoner that I was badly off—the result was that we went to live in the prisoner's house a week afterwards, or less—we were then living in one room on the second floor in Charlotte Street, Fitzroy Square, and paid 7s. a week regularly—in the beginning we were invited to the prisoner's house to dinner, and he made me hear his son sing; I wish to show how we were coaxed to go into their house—we remained there a very long time till after July, when I had finished some work which was in their hands—we went there in May, 1878, and remained till January last—I composed this song while I was there—we provided our own food, except when we dined downstairs with them—I was engaged, and they were to give me from 5s. to 10s. a day for giving lessons to the prisoner's son, but I was getting nothing, and I suppose they let the rent run on—I was not to compose music for them—I had food and lodging, and there was compensation for it in the lessons I gave his son daily in music and singing; it was that which brought me to the house—his son has a tenor voice—I do not know that he has a French medal—I never saw this medal (produced)—all this was to be supplied for teaching—that was all I hud to do—my wife was to do nothing at all—they were delighted at my coming there to prepare him, and bring him out at the opera—I got the words of the song about three weeks after I was in the house, and I wrote the music to them in a very few days—I did not know at first whether I could compose any music to the words; they were given to me to try what I could do—there was no arrangement as to whom the music was to belong to if I succeeded, because I did not expect to succeed, as the words were very ugly, and very irregular—the words profess to be by "Nollo," that is a gentleman named Davis—I have heard that there was an arrangement between him and the defendant for the words, and I did not suppose that he was going to pay Davis and give me the words—I know that Signor Foli, Signor Santley, and Mr. Sims Reeves sing songs for the purpose of getting them sold, and that they are paid for singing them, either so much or by royalty—the prisoner's father is, I believe, a music publisher in Newman Street, but I cannot say for certain, because there are so many of them—when I went to Signor Foli it was not to ask him to sing the song which I had composed, but to see if he liked the music, and if he did he would undoubtedly accept it—he has a bass voice—the song was for a bass voice, but still it may be called a baritone—it was peculiarly suited to Signor Foli's voice; a song can be made suitable to a baritone, and also to a bass by transposition—I suggested taking it to Signor Foli—this song was published in Shrewsbury by some Dobrowolski—my name appears twice on the MS.—I have done so with all my music; the first signature was written so imperfectly that I wrote the second so that the engraver might make no mistake—I have been in the habit of doing so for a long time—this writing at the bottom is mine; I have always been in the habit in America of entering my music in my own name, and I put "Entered at Congress," hut that is scratched out—I did not receive any money for this—I went to Signor Foli to show it to him—I played it over to him, and asked him whether he liked it—he said he did very much, and offered to buy it—I said "The words do not belong to me, I must bring the person who has got

the words," that was on the 10th or 11th June, and I waited till February but it had been published, and copies had been sold before I sold it—it was published directly, and I believe 3,000 copies were sold—Signor Foli arrived, I believe, on April 15th, and I gave him this receipt for 10 guineas; it is in my writing—I lived in his house while Madame Foli was in America—he went there first, and she went afterwards, and they came back together—my wife lived there too; I did not pay there—I did not compose for them, nor did I teach Signor Foli to sing—I went to stay there as a friend while they were away—I know that Signor Foli claimed his royalties from the prisoner—I am now living at 45, Mortimer Street, Cavendish Square—I have no friend there to keep me and my wife for nothing—I work, and receive money, and am very well paid.

Re-examined. I remember putting my two signatures to this manuscript—this "Received 30s." was not there then—when I said that I had not the right to the words, I went immediately afterwards with the defendant to see Signor Foli—he wished to buy the words, and he said, "You can pay the gentleman who wrote the words two or three guineas, and come to me after;" so I suggested to the defendant to buy the words—he said, "I need not do that, Davis gave them to me, I can have them for nothing, I will give Davis a drink"—the property in the music was mine—the prisoner said be would give Signor Foli 5d. or 6d. royalty—the music was to be printed at Dobrowolski's, and a proof brought of it, but it was never done.

By MR. METCALFE. It was printed on 15th July—I did not know that it was entered at Stationers' Hall as the property of Valentine Dobrowolski—I know it now; it was entered by Signor Foli's solicitor, but I did not know it before we commenced proceedings this year.

ALLEN JAMES FOLI . I live at 88, Piccadilly—I have known Signor Mora some time—he came to me late last summer with reference to "The Tare Return," and he came again a day or two afterwards with the defendant—I liked the song very much, and tried very hard to buy the copyright of it, but found he did not own the words, and I distinctly objected to it if Dobrowolski published it, because he did not publish in London—he came again a few days afterwards with Dobrowolski, and I said, "I had much rather buy the song, because you publish in Shrewsbury, and it was arranged that I should have a royalty on the music—I did not think I could buy the music without the words—Mora said, "I cannot sell you the song, because the words are not mine, but I will try hard and get you the words"—I think the royalty was to be 5d. and 2d. on each copy signed by me—before I went to America I went to Dobrowolski to collect the royalty, and he would not pay—in the meantime my wife had bought the music, and gave him 10l. or 10 guineas, and I made him write me a receipt—the defendant made no claim to the music when I saw him till they came to my house one day—I have not received a farthing royalty.

BENJAMIN BRAY . I am a music engraver, of Chapel Street, Oxford Street—either the prisoner or his father brought this MS. to me to be engraved on 16th July, 1878—these words, "Received 30a, July 6, 1878," between the two signatures, were not there when I engraved it—he paid me for it on the 17th.

Cross-examined. I engraved the music and the words, but not the outside title-page—I say that those words were not there, because it is our rule to look on the outside to see whether there is any reference to the inside—I engrave two or three songs every week—I am able to say that Moira's

signature appeared twice—something is scratched out below; I do not know what the words were.

GEORGE BARKER . I am in Mr. Bray's employment—the document went through my hands for the purpose of engraving it—these words between the two signatures were not there then.

Cross-examined. I did not engrave the title-page; I bad nothing to do with it—if this had been blank it is very possible it would have been torn off to give to the engraver, but it was given to me in its integrity, and I can say that this was not on it because I never saw such a thing on a MS. in the whole course of my existence, and it could not have been there; if it had I am certain I should have noticed it—engraving the title-page is a separate business.

GEORGE HURST . I am an engraver of musical title-pages, of Oxford Street—I engraved the whole of this title-page from this piece of paper, with the exception of the assignment—this receipt was not there then—I engrave 500 or 600 compositions in a year.

Cross-examined. The signature shows that this is the very document I engraved from, as I wished to know whether that was the facsimile of M. Mora's name—the title-page is sometimes sent without the score—this is the MS. I engraved the title from—it might not have been a facsimile of this on one sheet, excepting the receipt—when a publisher is getting out a song quickly he sometimes sends the score to one person and the title-page to another—I only go by the appearance of the MS. and the signature underneath, but if they were to copy one MS. from another you might be deceived, but I considered that M. Mora's name was to be engraved as a fac-simile—I only engraved the composer's name, not the bottom signature, hut I am sure the bottom signature was there, as I asked M. Dobrowolski if I was to engrave that as a fac-simile.

Re-examined. I inquired about the signature from Dobrowolski, sen.—that was why I gave my attention to the document—I asked him whether I was to engrave "Antonio Mora" twice or once—I cannot tell you whether any part of the score was attached to the paper from which I engraved the title-page.

VALENTINE DOBROWOLSKI (Re-examined by MR. METCALFE). It is my son who has premises in Shrewsbury—I have a house in Dorset Street—the defendant stayed with me at times, and travelled for me all over England—he sometimes went to Shrewsbury—I afterwards took premises in Newman Street, where I now carry on business—I published this song; I was ordered to do so by my son—I advertised for a housekeeper, and M. Mora's wife came; but she was so very fine—her husband came in the evening—he said "My wife called this morning. I am a pianist, and wish to speak to you, and show you my style of playing"—he began to play, and he played very well—he said he was starving, and for two days had nothing to eat—I said "That is a pity for a man with talent like you," and I took a sympathy for him—he said he had two situations to go to to-morrow, one to keep the books of a sweep, and the other as a potman—I said "It is a pity. You shall not go to those places. You come to me, and I will give you and your wife what you want till better times come," and I gave him half a sovereign to bring his things to my house—they came there, and remained nine or tea months—they did not pay me anything; I did not expect it—I remember my son buying the words of that song and the title from Mr. Davis—I know

of Mora writing the music to those words—I heard him play the song, and heard my son sing it—my son afterwards went with it to Signor Foli, and I took it to Stationers' Hall and registered it—Moira composed three pieces more for me—I have had no claim about them—he worked for me, and I agreed to give him food and lodging—I first saw the song when my son came home from travelling and looked among his papers—I cannot tell you whether the receipt was on the title-page then or when I took it to the publishers and the engravers—my son has three French medals for music.


Reference Number: t18791020-907

907. FREDERICK BASSIL (42) and GEORGE VEAL COLLIVER Unlawfully converting to their own use a bill of exchange with which they were entrusted. Other Counts for inducing James Chambers by false pretences to accept a bill of sale. Other Counts for conspiracy.

MESSRS. BESLEY and TICKELL Prosecuted; MR. KISCH appeared for Bassil, and MR. RIBTON for Colliver.

JAMES CHAMBERS . I am a merchant, of 132 Fenchurch Street—in July, 1878, I carried on business in Great Tower Street, and had known Bassil a year or so—I called on him in that month relative to procuring a loan of 1,000l. to complete a purchase—I saw him at my office on 5th July, and it was arranged that I should accept two bills, one for 500l. and one for 550l.—they were both dated July 5th, payable in three months, and I accepted them—one was in blank and the other was filled in—this is the one for 550l.; at the time I accepted it the drawer's name was blank, because Bassil said he would get some one to draw it; he said he would get them discounted and give me the money, or else return the bills—he wrote this agreement after I handed him the bills. (Read: "5th July, 1878. Dear Sir,—I acknowledge that you have this day handed me two bills of exchange, one for 500l. and the other for 550l., both of this date, and payable three months after date, the said bills being accepted by yourself. I undertake to hand you the produce of said bills, say 997l. 10s., on Tuesday next, the 9th inst., or return the same to you. Frederick Bassil. Witness, George Blake.") He signed that in my private room—my previous transactions with him had been satisfactory—he said nothing when I asked him for that, but gave it at once and I put my name to it because I thought it would make it legal, and my clerk signed it also——on 9th July, 1878, I received this letter from Bassil, it is in his writing. (Read: "9th July, 1878. Dear Sir,—I shall not be able to see you till 2 to-morrow. Yours truly, F. Bassil.") I don't think I saw him after till 11th July, when I received this letter in his writing. (Read: "11th July, 1878. Dear Sir,—By the enclosed telegam you will see that the 500l. is not yet discounted; my friend has been waiting to settle a matter on previous discounts. Mr. Johnson is at Leamington, and I don't expect to do anything with him till to-morrow or Saturday morning.") (The telegram was from Saunders, of Sloane Square, to Frederick Bassil: "July 10th, 1878. Send me Chambers's bill and I will see what can be done to-morrow.") I met Bassil on 17th July, I went to the Bank expecting to get the full discount, but when I got there Saunders said he could only give me 401l. odd and a life policy—I accepted that for the 500/. bill—he paid me nothing with reference to the 550l. bill—he said that it was with Mr. Johnson, and he expected to have the money on Thursday—I did not believe that—I then received this letter. (Read: "19th July, 1878. Dear Sir,—My telegram

of yesterday is true. I feel confident in the course of Monday you will have the cash. F. Bassil.") I never received the 550l.—on 23rd July I think, Bassil brought Colliver to my office and said, "This is the gentleman who is the drawer of the bill"—I said "I don't want the money now, and I must have my bill back; I have made other arrangements"—Colliver said he could not give it to me as he had given it to a gentleman to discount—I said "I don't care about that, I must have the bill back at once"—he said he thought he could get it back if I would pay the interest, which would be 25l. or 35l., as he should have to pay for the discount—I said "I don't care anything about that, I must have the bill or the money at once"—he said "If you will give me till Friday I will give you the money"—I left it in that way, and they left—Colliver said that he was building some houses for Alderman Hadley's brother—they never returned me the 550l. bill or any money for it until a few weeks ago, when I received a certain sum by his Lordship's permission after the indictment was found—it cost me 60l. or 70l., and I had to pay the 550l. and all the expenses—I had never heard of Colliver before the 23rd—this letter is in my writing. (Read: "26th July, 1878. G. B. Colliver. Sir,—Your telegram to hand. I beg to inform you that I don't know you in the matter, and as I hold Mr. Bassil's guarantee to give the cash or return the bill, I shall now be compelled to take unpleasant proceedings for the recovery of the bill.")

Cross-examined by MR. KISCH. I have had transactions with Baasil before—I first knew him two or three years ago, and have perhaps had two transactions with him since—they were not about getting bills discounted—I was building a factory at Charlton, in Kent, my builder took my acceptances, and his acceptances got into Bassil's hands—I lost 4,000l. or 5,000l. with the clique down there—I did not know Bassil, but the builder introduced my bills to him, and when I found I was being robbed I was obliged to stop all the bills—we stopped one of the bills, and I asked Bassil to get me 300l. or 400l.—he gave me his bill for 200l., and a cheque for the balance—when my bills became due they were met, and when Bassil's bills became due they were not met, and I had to pay the money; that is two or three years ago—I called on Bassil about those bills, and he came to my office; I was alone—my clerk Blake brought the bills in, and he stayed there while the bills were made out; he made them out to himself—they are in his writing—he never mentioned Colliver's name—I never heard of him till he came—the drawer's name was left blank, because there was no one to draw the hill, and I handed it to Bassil to get a drawer's name put in—I asked him to give me an acknowledgment of the bills—he did so, and it is all in his writing—I asked for that for the purpose of securing me against Bassil—I do not call it a guarantee; it is an acknowledgment—this document has been in my solicitor's hands—Bassil has been there occasionally, but I do not know whether it has been in his hands—I am prepared to swear that Bassil was in the building when I signed it, but not that he saw me put my name to it—I cannot say whether he saw it or not—I only put my name to the document because I thought it would make it more legal, make it plainer—it is all in Bassil's writing; it takes more than one to make an agreement, and therefore I signed it—I swear that Blake was present, and saw me write my name to it—I received what I was satisfied with for the first bill—Colliver gave me this paper on 23rd July as security, a sort of charge for 250l. on some houses which he was building at Wandsworth

for Mr. Hadley—since this prosecution was instituted I have accepted that very 2501.—I would not take it till the Court gave me permission.

(This was an order on Mr. Hadley authorising him to pay Mr. Chambers when the second instalment was due, 250l., being the first instalment upon a pair of houses which he was building. Signed, G. V. COLLIVER.) I took that for what it was worth, but not in part payment—Mr. Brown Mr. Hadley's surveyor, has been to see me, and I have called on him dozens of times—I have other business with him—I saw him two or three times in connection with this matter, but he came to see me about it first—Mr. Nicholas Bennett is the prisoner's solicitor, I think—I have written an endorsement on this order, to empower my solicitor to get the money—I have never instituted a similar proceeding to this—I never knew about this till Mr. Wontner took me to Guildhall—I have not seen Mr. Hadley, nor have I instructed my solicitor to make any inquiries of him—I gave Colliver till the 26th to bring the money, and yet on the 26th I wrote to Bassil saying that I did not know Colliver in the matter—I meant legally—I thought I had had enough of him; that was why I wrote that letter—Blake was in my service six or seven months—he left through a little un-pleasantness, and is now in the Army—he came to my office, and we talked the matter over, which I dare say refreshed his memory—Colliver was charged first—he was not before the Lord Mayor when Bassil was there—when I found that Bassil had given the bill to Colliver I thought it was time for me to retire, as he would be liable under that, document—when I give a man a document I think he is bound by it—I first thought Bassil had committed a crime about the commencement of August, 1878—I had instructed Mr. Blagden on the 28th to take whatever proceedings he thought necessary, but he is not a criminal lawyer—six months had elapsed, and we are now in October—I have not taken bankruptcy proceedings against Bryant; somebody else has; not at my suggestion, but I told them to take proceedings—it was some one who discounted the bill for me.

Cross-examined by MR. RIBTON. Bassil had previously got bills discounted for me, but I knew nothing of Colliver before this—I had bought an estate, and wanted another 1,000l., and called on Bassil for that purpose, and he came to see me afterwards—both the bills were discounted, the 500l. one by Mr. Saunders and the 550l. one by Mr. Johnson—Colliver only had to do with the bill for 550l.—I gave Bassil the two bills on 5th July, and did not care a bit who he got them discounted with—the bill Sanders discounted was not in blank; Bassil put his own name as drawer, and took both bills at the same time—I suppose he thought his name was not good enough for 1,050l.—I received 400l. on 17th July in payment of the bill for 500l.—there was no agreement for charges but their general charges—he mentioned Saunders and Johnson about July 5—there was a delay about the 550l. bill, and I kept pressing him; he said that he was endeavouring to get it discounted—he brought Colliver on 23rd July; that was the first time I saw him—I did not learn that he had tried any person before he tried Colliver—he did originally name Johnson, but on 23rd July he said nothing about him; he said that he expected to get the money by Friday, and promised to bring it to me or the bill—he brought the order on Alderman Hadley on the first occasion—I had asked Bassil repeatedly for the money—he brought the order ready written—I have received the whole of the 250l., but not in part payment of the bill; I took it and was glad to get it—

it is an order to pay me the money, but the foundations of the houses were not in—that 250l. went into the solicitor's pocket—that is all the money I have received—I have heard of Mr. Ashman; he was a solicitor I believe; I do not know whether he is now—I do not know of Basil having received any money from Colliver; for aught I know Colliver may have paid Bassil the remainder of the bill—Newbon, Harvey, and Co. are Mr. Hadley's solicitors—I signed this receipt; it is dated 28th May, 1879—the order on Mr. Hadley was in 1878—I have seen Colliver once or twice in the streets since these proceedings, and again when he was arrested at Staines and locked up—(I have not taken up the 5501. bill yet because the gentleman has got his set urity)—I have never been offered the money before the date of this receipt in 1879, nor do I know that my solicitors have, but I believe the money has been in Messrs. Newbon and Harvey's hands for some time—I would not take it while proceedings were going on, but it was not offered me—I believe Mr. Hadley paid Colliver, who lodged the 2501. with Messrs. Harrison.

Re-examined. Till 22nd July I had never seen Colliver, and did not know him—I got this letter from him on 29th July (This was from Colliver to the witness, stating that if the bill was withdrawn he should not save the discount, and offering to let him have 100l. that week, 100l. the next, and the balance the week after)—he did not bring me 100l.; I would not see him—I knew soon afterwards that he received 525l. from Johnson—the bill fell due on 8th October, and I knew six weeks or two months afterwards that Johnson had handed over the 525l. to Colliver—I received this letter from Colliver on 31st July (This stated, "I met Bassil this morning, and went with him to your office, but your clerk could not say when you would return, so it was useless to wait")—I did not answer that—I then got this letter of 14th September from Colliver (This stated that the certificate for 250l. had not been sent owing to Mr. Brown being away, and Mr. Golding being busy, but that it would no doubt be handed to Mr. Chambers on his applying for it, and he would then see Mr. Chambers about the balance)—I did not answer that, I gave it to my solicitor—we commenced proceedings against Bassil about August last year, but there were he proceedings at the Mansion House till February—I had not had my portion of the money—Colliver had not informed me that he had got 550l. from Mr. Johnson—I did not apply for a postponement of the trial when the indictment was found; I was always anxious to try; I have been knocking about here for seven months—I took the 250l. with the sanction of the Court some time afterwards—my total loss over the 550l. bill was 350l. and 108l. of expenses without these proceedings.

GEORGE ARTHUR BLAKE (a soldier). In July, 1878, I was clerk to Mr. Chambers—I wrote out two bills—Bassil signed one as the drawer, and the other was left blank—I did not see Mr. Chambers accept them, but he signed them, and I witnessed his signature and Bassil's two minutes afterwards.

Cross-examined by MR. KISCH. Mr. Chambers wrote his name in the clerk's office—I swear that—I do not remember saying at the Mansion House, "I cannot say I saw Mr. chambers put his name to the document"—he brought it out into the clerk's office and wrote it at the time, before I witnessed both signatures—I had not forgotten all about the matter—I had a conversation with Mr. Chambers about it when I came to London—

I left Mr. Chambers of my own accord; there was no unpleasantness that I know of.

Re-examined. I wrote the body of this 550/. bill on 5th July, and entered the two bills in the bill-book—this is my writing—the whole matter lasted a quarter of an hour—I am sure Bassil was there.

EDWARD LATTER (City Detective). I served the summons on Bassil on 4th February, 1879, at Willesden Railway Junction—he said "I am innocent; I know nothing at all about it"—after a true bill was returned by the Grand Jury I took Colliver on a warrant at Staines Railway Station on 24th April, and took him before an Alderman at the Mansion House next day—I found on him among other papers this letter from Mr. Chambers to him, of July 26, and these two loose pieces of paper and this letter from Mr. Johnson, of April 22, 1879; also this draft of a letter to Mr. Chambers; I don't know whose writing it is—I was here on 2nd May, 1879, when the trial was postponed, and Colliver was admitted to bail—I attended here again on 30th June, and no trial took place—the first day of the August Session Colliver did not surrender, and I took him in custody on 28th August at Staines Railway Station—Bassil did not appear, and I was not able to find him, but he surrendered last Session—I found this letter on Colliver. (This was dated August 2, and signed B., telling Colliver that he had better be at the Court at the Session commencing on Tuesday, August 5).

Cross-examined by MR. KISCH. I knew Bassil very well—I looked for him, and should have seen him had he been here on Tuesday—I don't know that he had an intimation that the case was not to be taken till Thursday—I did not know that his place of business was 3, Warwick Court—I served him at Willesden Railway Junction one morning at 9.30.

Cross-examined by MR. RIBTON. I took Colliver at Staines, but I believe he lived at Paddington; I do not know that he lived with his mother at Staines.

Re-examined. I found these four cheques on Colliver and this piece of paper. (This was a debtor and creditor account of Colliver against Bassil for cheques and cash, showing a total, debtor 191l. 6s. 2d., creditor 25l. The cheques were dated 13th July, 13th July, 18th July, and 22nd July, 1878, the first for 4l. in favour of the Central Bank of London, the second for 20l. to Mr. O'Hara, the third to H. Ashwin for 122l. 2s. 2d., and the fourth to Mr. Wilkinson for 21l. 1s., all signed G. V. Colliver.)

WILLIAM JOHNSON . I am now living at Torquay, and am out of business—I saw Colliver first, I think, at my solicitor's office, 14, Clement's Inn, in reference to a bill for 1,050l.—no one else was in the office—he asked me whether I would discount it—I said "Yes"—I understood him to say that he expected to do a large quantity of work for the acceptor, and this bill was in part payment of the work to be done—that was three or four days before ray first cheque was drawn—I went to Mr. Chambers's bank, and asked whether the 550l. bill bore his genuine signature—they said "Yes," and that he paid every bill the moment it was due—I had to go to the Bank of England to receive a dividend, and told Colliver to excuse me a few minutes, and on my return I saw Bassil with Colliver—they separated directly they saw me, and I said "Now, Colliver, I will not have anything to do with this bill if Bassil has anything to do with it"—he said "No, Mr. Johnson, he has nothing at all to do with the bill"—this (produced) is, I think, my first cheque—I gave it on the date it bears—

I am not certain where, but I think at my private house, 15, Kentish Town Road—I afterwards let Colliver have these two cheques, making up 525l.—they are endorsed by him—I did not send them—I gave them to him at my house—he spoke very highly of the acceptor.

Cross-examined by MR. KISCH. I his is the first time I have said anything about seeing Bassil.

Cross-examined by MR. RIBTON. I have known Colliver about four years, and have had many transactions with him—I considered him a respectable man at one time—he is a builder; he lives at Kew—I don't know that his mother lives at Staines—I don't know that he has a place of business in London—I addressed letters to him at Hampstead, where he was building—I would not have discounted a bill drawn by Bassil—it was not brought to me in blank—Colliver had signed it as the drawer—I objected to that till he got another endorser to make it doubly sure—he offered to get his brother, and I was satisfied—I think he owed me then a half year's interest on 2,500l., which I had lent him on mortgage, 62l. 10s.—that was nearly due—this was early in July—my cheques were drawn on July 11 and 17, therefore it was a day or two before the 11th that I saw him—I deducted 25l. for my interest, and gave him 525l.—my 62l. 10s. was paid soon after by Colliver, but I don't think it was by cheque—I think I had asked him for it—it was over-due when I discounted the bill, but I don't think anything was said about it then—that was the first half year's interest, and I think it was due in April—it is just possible that I told him he ought to pay it out of this money—he paid it, I think, a fortnight after—I don't know why I did not give him a cheque for the whole sum at once—it is possible I was instituting inquiries as to the responsibility of the acceptor—he was very pressing, and before I found out the result of my inquiries I gave him the cheque of the 11th for 150l., relying on his statement to me—when I was examined before the Magistrate, Colliver was not there, nor any one to represent him—I knew Mr. Ashwin—I do not think he is Mr. Bassil's solicitor—I do not know Mr. Wilkinson—I know Mr. Blagden—he is, I think, Mr. Chambers's solicitor, but I am not certain—Bassil was never engaged in building transactions with me, but I supplied him with timber—very likely there were many transactions between us in September, and there was some property which he wished me to look at, to purchase or find a purchaser for, or to advance him money on mortgage.

Re-examined. I say in one of my letters "I dare say you know best, but I am under the impression that keeping out of the way won't mend matters," he protested his innocence, and said that he had no fear to stand his trial—I also say "Seeing how you have served me," I had lent him money to pay wages, and he promised to return it the next week, and he never did so.

By MR. RIBTON. He did not come to the trial—he was not to be found—that letter is dated April—he was not keeping out of the way till after the bill was found—I understood him that Bassil was indebted to him.

By the JURY. I knew Bassil when I saw him with Colliver, as I had had some transactions in business which he guaranteed.

MR. RIBTON (before the prisoners were given charge) had asked the Court to quash the Counts for conspiracy and false pretences, in so far as Colliver was concerned, as Colliver had never been before a Magistrate; his name having been put into the indictment pursuant to an order of this Court dated April 1. He contended that the Court had only power to deal with the, facts disclosed in the depositions, and to allow the prosecution to alter the indictment to suit those facts, but not to travel out of them by making an order against a new defendant who had not been before the Magistrate.

MR. BESLEY stated that the Counts for false pretences, not being for obtaining money, but for obtaining the signature to a bill, did not come within the Vexatious Indictments Act, and that the Court had power under 30 and 31 Vic. c. 35 to make the order with reference to the Counts for conspiracy.

The COURT declined to quash the Counts, leaving it to Mr. Ribton to mm by Writ of Error.

After the evidence Mr. Kisch submitted that there was no case to go to the Jury on the First and Second Counts, which were framed under the 24 and 25 Vic., c. 96, sec. 75, and which applied to persons who, being entrusted with money with a direction in writing to apply, pay, or deliver such money or the proceeds thereof to any person, shall in violation of good faith, &c., convert the same to his own use. The whole of the document in question, except the signature of James Chambers, was in Bassil's writing, and was in fact nothing more than a guarantee or acknowledgment that he had received the two bills to do something with, but it was no direction in writing from the prosecutor to Bassil, and that it was necessary that the direction contemplated by the Statute should emanate from the person entrusting, and not from the person entrusted. Secondly, the prosecutor put the document in a drawer, and kept it some time till he handed it to his solicitor, and there was no evidence that it was ever in Bassil's hands at all, and on that ground also, as Basal was never entrusted with it, there was no evidence to go to the Jury.

MR. RIBTON also contended that there was no direction in writing, nothing but an acknowledgment by Bassil that he had received the bill, and promised to do something in reference to it.

MR. BESLEY contended that as soon as Mr. Chambers put his name to the document in question that was equivalent to saying "I concur" and it there-upon became a direction to Bassil to do as he undertook to do. The principle in Beg. v. Christian, Law Reports 2, Crown Cases Reserved, was clear that it is not necessary to have a formal document, but it was sufficient if, as in this case, the direction could be gathered from the document.

MR. KISCH further submitted as to the Third, Fourth, and Fifth Counts, that no legal false pretence was set out in the indictment, and that the pretence alleged was only a promise to do something in future (See Reg. v. Lee, Lea, and Cave 309, and 9 Cox 304).

MR. RIBTON further submitted that there was nothing to show that Colliver knew anything about the written document, as everything appearing in the diary related to Bassil, and also that there was no evidence on the conspiracy Counts; to which MR. BESLEY replied that Colliver, as an aider and abetter, must be indicted, tried, and treated exactly as a principal, and that it was not necessary that he should have seen the direction in writing at all. The question was whether he did not partake of the proceeds in violation of good faith, and aid and abet in Bassil's misconduct, and that it was for the Jury to say whether, as they did not want the bills for the purpose stated, their pretending that they wanted them for a specific purpose was a false statement. And, lastly, that if there was any offence shown on the conspiracy Counts it was a matter of indifference upon which Count the prisoners were found guilty.

The COURT having consulted MR. JUSTICE HAWKINS, considered that the direction in writing was sufficient under the Statute, but that the Counts for false pretences were insufficient, and therefore the case must go to the Jury on the first two Counts, and on the Counts for conspiracy, and declined to reserve the points.

The prisoners received good characters.


The prosecutor recommended BASSIL to mercy. — Four Months' Imprisonment each.

Reference Number: t18791020-908

908. CHARLES WILLIAM KNAPP (19) and EDWARD CLAUDE PALMER (18) (See page 840) PLEADED GUILTY to stealing five 5l. notes and other articles of John Richards, in the dwelling-house of Richard Thomas Webb.— Nine Months' Imprisonment each.

Reference Number: t18791020-909

909. JAMES BENJAFIELD WENNE (46) to feloniously forging and uttering a deed of mortgage for 2,000l. with intent to defraud, also an order for 3l. 10s. with a like intent.— [Pleaded guilty: See original trial image.] Judgment Respited.

Reference Number: t18791020-910

910. JOHN BELSHAM (27) to embezzling 5l. 5s. 2d. and 3l. 7s. 8d., also 20l. 2s. 8d., 27l. 1s. 8d., and 44l. 10s., also 16l. 9s. 6d., 25l. 10s. 4d., and 12l. 19s. 2d. of James Harris, his master.

He received a good character.Six Months' Imprisonment. [Pleaded guilty: See original trial image.]

Reference Number: t18791020-911

911. GEORGE TOMLINSON (22) to three indictments, each for stealing a bicycle.

He received a good character.— Four Months' Imprisonment. [Pleaded guilty: See original trial image.] And

Reference Number: t18791020-912

912. JOHN WILLIAM GREAVES (28) to embezzling 3l. 8s. 7d., 3l. 8s. 7d., and 30l. 10s. 9d., also 10l. 2s. 6d. 20l. 17s. 10d., and 17l. 15s. 10d., also 14l., 2s., 1l., 1s. 9d., and 3l. 12s. 11d., also 15l. 5s., 8l. 5s. 7d., and 2l. 10s. 2d. of Norman Garston and another, his masters; also to forging and uttering a receipt for goods with intent to defraud.— Nine Months' Imprisonment. [Pleaded guilty: See original trial image.]

OLD COURT.—Thursday, October 23rd, 1875.

Before Mr. Justice Hawkins.

Reference Number: t18791020-913

913. JOHN SULLIVAN (39) , Feloniously causing grievous bodily harm to Elizabeth Sullivan, with intent to murder. Second Count—with intent to do grievous bodily harm.

MR. GOODMAN Prosecuted; MR. A. B. KELLY Defended.

ELIZABETH SULLIVAN . I am the prisoner's wife and live at 32, Stanhope Street, Hampstead Road—on the night of 15th September, when I was in bed, I heard my husband strike a match; I raised my head, saw it was my husband—I remember no more until I felt his hand on my neck; he squeezed it, but not very heavily; blood came from my ears, I could not rightly tell how he did it—nothing happened to my ears, there was a little blood in my earhole, I did not find that out till some time after, as I went to the police station that same morning—nothing happened to my eyes—I had a bit of a cold in my eyes; they were bloodshot next day, not that night—I was insensible for a few minutes; that was from the fright; when I came to myself I got out of bed and went downstairs and made an alarm—I then went back and put on my clothes and went to the station in Albany Street and made a complaint—my husband had been drinking for a whole fortnight before this and had never been sober once—when sober a better husband could not be or a more tender father—we

have five children; we shall have to go to the workhouse if any thing happens to him—it is just through drink.

Cross-examined. He is a very industrious man—I fell asleep after hearing the matches struck—he never illtreats me.

The COURT was of opinion that there was no evidence of intent here so that the present charge could not be supported.


Reference Number: t18791020-914

914. JOHN SULLIVAN was again indicted for unlawfully assaulting the said Elizabeth Sullivan, to which he

PLEADED GUILTY .— Six Months' Imprisonment.

Reference Number: t18791020-915

915. JOHN MOORE (34) , Unlawfully knowing and abusing Celicia Moore, aged twelve years and five months.

MR. ST. AUBYN, for the Prosecution, offered no evidence.


Reference Number: t18791020-916

916. HARRY SUTTLE (27) , Feloniously knowing and abusing Catherine Hinton, aged seven years and three months.

MR. GRIFFITH Prosecuted. GUILTY .— Ten Years' Penal Servitude.

NEW COURT.—Thursday, October 23rd, 1879.

Before Mr. Recorder.

Reference Number: t18791020-917

917. WILLIAM HENRY WILLISON (40) , Embezzling the sums of 23l. 8s. 8d., 15l. 9s., and 1l. 6s. 4d. of William Betts, his master.


GEORGE DOGGETT . I live at. 35A, Gibson Square, and have been for many years collector of accounts to Mr. Betts, whose business is carried on in the name of Robertson and Co.—these three receipts (produced) art signed by the prisoner for moneys I paid him on those dates—I paid him in cash and cheques and sometimes post-office orders.

Cross-examined. My weekly wages and commission were paid by the prisoner, and any sums due to me.

Re-examined. He paid all the servants at Batavia Mill. (The three receipts were for 23l. 8s. 8d. on October 29th, 1877; 15l. 9s. on 26th November, 1877; and 1l. 6s. 4d. on January 1st, 1868, all signed W. H. Willison.)

ARCHIBALD SAMUEL CAMPBELL . I live at 15, Woodlands Terrace, Black heath—more than 40 years ago I became acquainted with Mr. Betts—he became paralysed in September, 1875, and lost his sight almost entirly—he lives at Diss in Norfolk, and does not interfere personally with the business in London—since his blindness cheques are sent down to him, and signed by one of his daughters by procuration—I have been the manager of his capsule business in Wharf Road since his illness—I have general supervision of the box works at Batavia Mills, Upper Holloway, where the prisoner's father was superintendent of the manufactory—he had nothing to do with the books; he occupied a cottage on the works, and the prisoner was permitted to occupy another cottage there up to the time of his discharge; his salary was 31. a week, and a cottage and gas—he kept the books with another clerk's assistance, and sent the money from the collectors, and collected himself, and paid the wages—he entered himself in the wages book among

other persons employed—I know of no inaccuracy in the wages book—everything for purchases out was paid for by cheque from Wharf Road, and as to orders coming in to be executed there was, as far as I know, absolute correctness in the accounts—this is the fair cash-book, and there is a rough cash-book from which this is copied; it is in the prisoner's writing—this is the "paying over book," which he would get receipted by the cashier at Wharf Road for sums brought there by him—cheques signed by Miss Betts would be entered here first and then sent down to her, and come back again—the prisoners father died in December, 1877—Mr. Cheswright, jun., was in Mr. Betts's service some years, and at one time he took my place at the mill, and superintended what was done there after Mr. Betts's illnees—I had not the slightest idea up to March, 1878,. that anything irregular was going on in the accounts at the mills—in consequence of something Cheswright, jun., said to me on 30th March I went down to the mills on April 1st, 1878, and said to the prisoner "Can you account for the balance of your cash?"—he said "I think I can"—he also said "There was always 100l. unaccounted for when I took it in hand, and I have not had a cheque for petty cash for a long time"—I said "You must have paid away money for timber or something, and not got a cheque for it; look and see if you have not got some vouchers which you have not got cheques for"—he said that he would—about 600l. had been mentioned as necessary to be accounted for—I went again on April 2nd, and he was not there—I saw him there on April 3rd, and he could find nothing—I said "This is not satisfactory"—in June I went through, with him, some of the customers' accounts in the ledger, which is in his writing, and as we came to each account I mads a pencil memorandum of what he told me about each ease, and I found that the customers did not owe the money that the books represented they did—I find no entries in the cash-book in October, 1877, of Barney and Co., 11l. 14s.; Bourne and Taylor, 2l. 0s. 8d.; or R. H. Hoare, 9l. 14s.—there is no entry of those sums anywhere, nor do I find any entry on November 26th, 1877, of Twining, 6l., 6s.; Beckingham, 1l. 4s.; low and Sons, 4l. 2s. 6d.; Barnes, 2l. 3s. 3d. Peak Brothers, 1l. 13s. 3d., in any part of the cash-book, nor of Mather and Co., 1l. 6s. 4d., or in any place—those amounts have never been accounted for—communications were made to all oar customers after March, 1878, and an investigation of the books went on by an accountant up to December, 1878, when a report was made on the matter—Mr. Chesman, jun., is ill—I attended at the police-court in April, and a summons was obtained against the prisoner.

Cross-examined. Mr. Betts taking no active part in the business, ail eheques drawn by the firm were signed by Miss Piiscilla Betts, myself, and Mr. Cheswright, sen.—Miss Betts lives at Diss: and Mr. Cheswright sen. and I represent the firm in all matters at Wharf Road, but in extraordinary matters Mr. Betts is consulted—he is perfectly capable—we have also a large factory at Bordeaux—I do not know that the books were audited, but they were checked—we do not balance them at all unless we employ an accountant—we take stock—I asked Mr. Betts if he wished a balance-sheet—he said "No, I don't want to know it, and I don't care that other people should know"—the books were balanced in 1875,1876,1877 by Mr. Frazer, an accountant—I think he gave his report to Mr. Hedge, a friend of Mr. Betts—it passed through my hands; it was correct in 1877, and they are perfectly correct now—the prisoner had to pay 60l. or 70l. wages at the

mills—he had 60l. given to him when he first started, and drew cheques for the previous week's wages, so that he always had 60l. in hand to pay wages with—we paid him a cheque for the last week's wages, which would leave him 60l.—he might give what was left to the cashier at Wharf Road—he might use any cash he received from our travellers—Borwick's cheque was paid and entered, but at the wrong time—Cheswright, jun., has been engaged there since the beginning of 1876—he received about 200l. a year—he was above the prisoner, and had the looking over his books—he was not exactly responsible, because we had so much confidence in the Williaons that we did not want them to be much interfered with—when this matter was gone into in April, 1878, we found a deficiency of about 960l.—I did not take any proceedings against him then, as I had not Mr. Betts's authority to do so—I did not communicate the discovery to Mr. Betts's, but I believe one of the Mr. Cheswrights did—Mr. Betts was of course informed of the state of things—I am not the prosecutor; it is Mr. Betts prosecution—I do not know that in April, 1878, five leasehold houses belonging to the prisoner were made over to Mr. he swright, sen.—I am not there early enough in the morning to open letters, but letters of importance are submitted to me, and I give directions as to answering them—I answer some myself—I have received a subpoena to produce a letter, but it has nothing to do with a Mr. Luckin, or about stopping the sale of the houses—I do not know that in April, 1878, the prisoner made over to Betts and Co. five leasehold houses, three in St. John's Wood Road, Upper Holloway, and two in the Birkbeck Road—I know something about some timber made over to Betts and Co., but know nothing about the value, or that it was lying at the Great Western Railway, except that a man brought to Wharf Road a document signed by Cheswright, sen., for Betts and Co., accepting a transfer of timber to the Great Western Railway—I do not know when that was brought; there has been a little correspondence about it with the Great Western Railway—I answered some of the letters myself; it was about January, 1879—I have not seen an inventory of the timber made by Mr. Joyce—this (produced) is the original document making the assignment in 1878—there is no date to it; it is signed Charles Cheswright.—that is Mr. Cheswright, sen.—I applied to know what Mr. Betts wished, and then wrote to the Great Western Railway: "Sir,—In reference to some timber lying at the Great Western Railway, we repudiate the transfer"—that letter has no date, but it was in January, 1879—these are my instructions in answer to a letter (Producing a letter, dated 22nd January, 1879)—Cheswright, sen., is still in the firm's employ, and signs cheques—there is no alteration—the furniture of the prisoner's house did not belong to the firm; he was called upon to leave in May, 1878, and it was detained by Mr. Betts's orders—he said that there was a bill of sale upon it—it is still in Mr. Betts's possession—I have heard that the prisoner set up as a beerhouse keeper when he left the employment—I know nothing about an action between him and a Mr. Emmett in April, 1878.

Re-examined. The books were correct by Mr. Fraser's examination and they are correct now—I mean that they are in such a state that unless you go to a customer to know whether he has paid the money you would not know—they are perfectly balanced as books, but as representing the actual transactions between us and the customers they are all wrong—they were correct on the face of them, but the money which appeared to be owing

by the ledger had been paid—in the paying-over book he got a receipt for the money be paid—he told me he had a bill of sale on the furniture, and I said "The man who has the bill of sale can take the furniture whenever he likes"—it was valued at 14l. or 15l.—the timber has not been touched by Mr. Betts that I know of, nor do I know of any appropriation of houses by Mr. Betts.

CHARLES CHESWRIGHT . I was in Norfolk with Mr. Betts when this discovery was made, and I wrote and said it was to be submitted to Mr. Campbell—the prisoner seemed very much distressed, and I said "The best thing you can do is to make every reparation in your power by disclosing every fact"—he offered to make over what property he had, consisting of various things, and I said that I would look into the matters and investigate them and lay them before Mr. Betts, and I did so—he mentioned three houses at Holloway, but I am not aware that any assignment was made of them—I found that they had been mortgaged to their full value—I sent a gentleman well versed in such matters to look at the timber, and found what with the embargo for rent, and the quality of the timber, and the time it had been lying there, it was as worthless as the houses—I told the prisoner that the pretended assets had vanished into thin air, and that his representations were false—that was some time after April—I think it was after Mr. Howell's report that Mr. Betts decided on prosecuting the prisoner.

Cross-examined. I do not know of my own kuowledge that the deficiencies were 960l., but I know they were very large—I do not remember seeing this book before; Mr. Joyce told me that he carried Mr. Willison's account in his pocket, but—he never showed it to me—I believe I got the valuation of the timber from my son, who I also employed; I do not remember the amount, but it was nothing like 200l.—this is the document; it says "Please deliver to Messrs. Betts and Co. all the timber lodged with you in my name, W. H. Wiilison"—I consulted Mr. Betts about it; I wanted to discover who the aiders and abettors of Wiilison were—I did not inform Mr. Campbell till ray letter of January, 1879—I never saw a report from Mr. Howell that I am aware of—I was in Marseilles when the summons whs taken out—the prisoner said that he did not think the houses would fetch the money advanced on them—I think they were in Oldfield Villas, Birkbeck Road; I do not think there were any others—I suggested to Mr. Luckin, the auctioneer, that the Sale ought to be postponed till matters were looked into—the prisoner told me in April, 1878, that he had brought an action against a Mr. Aylett; Messrs. Tillyard were the solicitors I believe, and I suggested at his request that Messrs. Attenborough should be the solicitors, and that the action should go on for Mr. Betts's benefit—I do not I know that it was. settled by a payment of money to Mr. Attenborough and his costs deducted—I beliive Mr. Betts paid Messrs. Tillyard and Gribble's costs.

Re-examined. I know that an action was brought of Wiilison againt Aylett, who is a speculative builder, and who had been closely connected with Wiilison for a long time—he was in the hiabit of getting money from Wiilison and giving his I O U, which he put into his cash-box—he said that he thought Aylett owed him a deal of money and he was anxious to obtain it—Wiilison is married and has a family; he had 3l. a week; he had no private resources to my knowledge with which he

could buy 200l. worth of timber and five houses otherwise than with the money of Mr. Betts—Mr. Willison, senior, was not a member of the firm—no part of the 900l. deficiency has been restored—I told the prisoner several times that I would put everything before Mr. Betts, and he must throw himself on his mercy; and after the investigation I told him everything had vanished into thin air, and we declined to have anything to do with the supposed assets—I think the prisoner mentioned something about being in embarrassed circumstances some years ago and he got some little relief from Mr. Betts.

CHARLES CHESWRIGHT, JUN . I am in Mr. Betts's employ—I superintend the books and look generally after the business—by the entries in the booh I first began to superintend them in June, 1877; I continued the work which Mr. Campbell had in hand up to that time—I checked the posting of the money into the ledger from the prisoner's cask-book and checked the receipts appearing in the cash-book against the prisoner's paying-over book—I made entries in December, 1877, on the right-hand side of the cash-book from the paying-over book—on 1st January, 1878, there was 693l. 2s. 5d. against the prisoner, and I asked him how he accounted for having such a large amount in hand—he said it consisted of varioui amounts which he had out, and it would rectify itself by-and-bye—at the end of February, 1878, I noticed that Borwick's cheque for 535l. 12s. 4d., which I knew had been received, was not entered in the cash-book—when that cheque was added it showed a balance against him of 760l. odd—I spoke to him about it and he said it had been forgotten, and then it was entered out of its proper date—the preceding entry is 24th February, and Borwick's cheque is entered on 18th February—the paying-over book shows the payment of various sums by the prisoner between those two dates—this is an entry from which he would hand in the cheque when he got it—the entry in the paying-over book is "18th February, cheque 535l. 13s. 4d."—there is no description of the person from whom it was received—the same thing occurs in March with reference to another cheque—I recollect Mr. Campbell going to the factory in April, 1878, and I received instructions to cull on the customers and write to them, which took six months, as they were so numerous, and while I was so occupied I was taken ill; that was in January, 1879—I did not assist the accountant who was called in.

Cross-examined. I used to look over the books once or twice a week, but I did not ascertain the amount of cash in hand because we were not interfering with Willison, it was left entirely in his hands—I had never gone through the books up to that time to ascertain the state of the accounts—Willison, senior, had nothing to do with them—the prisoner had been for a number of years in connection with our establishment, and about August, 1878, he referred the police to Betts and Co. for inquiries about a licence, and I said to the officer "I cannot give an answer, I must refer you to the firm;" I referred to Mr. Campbell, and then told the police I should not say anything for or against the prisoner.

Re-examined. When I answered the police the investigation was still going on—I think it was 2l. a week that the prisoner was getting, not 3l., but I do not know, as 9l. 15s. was drawn every week in a Jump sum for salaries.

WILLIAM HENRY CUNNINGHAM . I am managing clerk to Robinson,

Son, and Edmunds—we received instructions to prosecute the prisoner from Mr. Betts after Mr. Howell's formal report—that occupied some time and the matter was placed before a Magistrate in April—there is no truth in the suggestion that we have benefited by money received from Aylett by the prisoner—on 8th May, 1878, I went to Holloway and saw Campbell, Cheswright, and Willison; a conversation took place with reference to what were supposed to be irregularities in Willison's accounts—he knew me and I knew him and his father before him for years—a conversation ensued in reference to the action against Aylett; he said that Aylett owed him 200l., and desired me to take the matter up for him; I declined to do so; out of good feeling to him I suggested that he should have all the benefit of it, and allowed him to go on with the action, and therefore the first solicitor's costs had to be paid, and I induced Mr. Cheswright to allow me to check those payments; the end of it was that only enough was received to pay Mr. Atten borough's costs—the money I advanced him has never been paid.

Cross-examined. We suggested that Messrs. Tillyard's costs should be paid—Mr. Willison gave his reasons for changing the solicitor, but as the solicitor is present I do not wish to repeat them—I distinctly swear that it was not suggested that the benefit of the action, whatever it might be, should go to Betts and Co.—nothing has been received by us.

Re-examined. I have a note of the statement here; I do not wish to state it—Mr. Betts had no knowledge of the matter, and would, I am sure, repudiate the receipt of 1s

JAMES BURGESS HOWELL . I am a public accountant, and have been so 20 years—early in Septtember, 1878, I was called upon to investigate the books of Robertson and Co., of Batavia Mills, and arrived at a deficiency of 2,600l. altogether.

Cross-examined. I commenced examining the accounts in December, 1878, and made my final report at the end of the year, but some matters were gone through by Mr. Campbell and myself two or three months afterward, in April I think—ray report refers simply to the cash-book—I sent it to Mr. Cunningham, not to Mr. Betts.

The prisoner received a good character.

GUILTY .— Twelve Months' Imprisonment.

Reference Number: t18791020-918

918. CHARLES PRICE (45) , Embezzling 4l. 10s., 23l. 8s., and an order for 23l. 0s. 8d. of Charles Cope, his master.

MR. GILL Prosecuted.

VALENTINE THOMAS SUMFIELD . I am a printer, of Eastbourne—in June this year lowed Hopkinson and Cope 5l. 2s. 6d.—I knew the prisoner was their traveller—he called on 20th June for the payment of the account, and after deducting the discount I paid him 4l. 10s.—he signed this receipt in my presence

Cross-examined by the Prisoner. I paid you an open cheque—you asked me where the bank was, and said you were very short of money—I showed you where it was, but did not enter the bank with you—I have known you 15 or 16 years, and know nothing against you.

JAMES GIBBS . I am a printer, of 43, Palace Street, Canterbury—on 25th June I owed Hopkinson and Cope 23l. 8s.—I know the prisoner was their traveller—he called on me on that day for the account and I paid

him by this cheque—he wrote this receipt in my presence—some time afterwards he called on me and said "If Messrs. Hopkinson and Cope send you the account again take no notice; it is their old-fashioned way of doing business; keep the account till I come"—I got the account again.

Cross-examined. I do not recollect whether you asked me to make the cheque to bearer; it is my practice to give an open cheque—I have known you 11 years, and always found you honest.

Re-examined. I have not heard the reason why he left his last his employment, but I have had a circular saying that he was not authorised to receive money or take orders.

WILLIAM TUNGAY . I am manager to James Cope, who trades as Hopkinson and Cope, Camberwell—the prisoner has been their traveller for about two years—up to 9th August he was ordinarily paid 2l. 15s. a week, and when on his journeys 7l. a week as an extra allowance as his travelling expenses—his duties were to travel, obtain orders, send an account on Fridays, and remit all moneys collected during the week—on 5th April this year we had a conversation with him respecting the business done, and he agreed to accept a salary of 7l. a week covering everything—that arrangement was embodied in this letter of his, 9th May, and he started again on his journeys and continued in the service till 9th August, on which day, from matters which came to my notice, I gave him notice to discontinue collecting or representing the firm in any way—I received this account from him on 26th June—it purports to be a statement of cash received by him during that week—4l. 10s. from Mr. Sum field does not appear in it, nor 23l. 8s. by Mr. Gibbs—it was his duty to forward those sums to me, especially cheques—I remember telling him on 5th July that it was time that Gibbs's account should be paid, and saying that I would write to Mr. Gibbs—he said "Well, you can write if you like, but I shall be there in a few days, and I will see him about it"—those two sums have never been paid to me.

Cross-examined. The 23l. 8s. is entered in your statement sheet of August 23—it was agreed that I should send you a cheque every Saturday morning, and I only failed to do so when you failed to send your money up—I failed to send you a cheque to Winchester because you did not send up 20l. or 30l.—I say in this letter (produced) that I owe you 7l. 16s., and that I enclose a cheque as usual—the cheque was not enclosed, but it was put into another letter and sent to you by the next post—I cannot say whether on 14th June this year a cheque due to you at Brighton was not sent; it is possible that I may have omitted to enclose it—I say in another letter "On receipt of yours a cheque will be sent"—that was because you did not send cash to balance, 16l. 1s. 3d., and we say "Why have you not sent our cash?"—I wrote you this letter of October 9, and the cheque was sent waiting for you to get it—I wrote to the postmaster at Sittingbourne and got it back because you did not call for it—you wrote to me and said that you had been to the post-office at Sittingbourne for it, but I am not aware that you went—you wrote to me on August 20 "What about the missing letter? I have asked at least six times about it," but we considered then that you were discharged, and there was no necessity then to reply—there has not been a difficulty on each occasion that you have started, in getting money to start with—the cheque sent to you at Sittingbourne carried it up to 9th August, when you were discharged—this is not

an agreement; it is a letter of instructions—I signed it (This stated ike terms upon which the prisoner was engaged and his duties.) We did not give you a week's notice because we found that you had all this money which you had not handed over—we considered you were not entitled to notice—you put Surofield's name down, but you did not send the money up for six weeks afterwards—from the time of your discharge to the time of your arrest, which was about a month, I did not write to you for an explanation—I was expecting to see you every day—I knew your address—I have been manager about 18 months.

Re-examined. The total amount of his defalcations is about 100l. as far as I have found out up to the present time.

By the Prisoner. Here is a list which I have made out—there is 80l. on this, but I have something to add to it, and this is in addition to money which you borrowed in our names which we shall have to pay.

WILLIAM HAYDON (Detective Officer). On 19th September I took the prisoner on a warrant—he first said "It is nothing of the kind; it is a mistake"—afterwards he wished to go upstairs to see his little girl in bed—I allowed him to do so—he kissed her and said "What I have done wrong was natural to my little girl's large expenses"

Cross-examined. It may have been "That was the cause of all my trouble."

Prisoner's Defence. I am quite aware there was a slight difference of dates when I received and when I paid in, and there was repeatedly the excuse "I have not sent cheque as you have not sent statements," or "I have not enough cash," or "I have not got the cheque signed." That cheque could not have been at Sittmgbourne, for they searched twice, and the answer was "No letter here for you" I was kept short of 23l. for three weeks, and I wrote "I have only received one cheque from you for four weeks." The proof of this you will find in the cash-book.—I have been frequently left 150 miles from home without money to get on with. The agreement has never been signed or stamped, and therefore I am only bound by the original agreement With respect to my owing 100l. I utterly deny it. On this statement I have made out the amount I am indebted to them, 5l. 12s. I have been nearly 30 years in the trade, and a commercial traveller 16 years, and have always borne a good character. I have a wife and five children.


Recommended to mercy by the Jury and Prosecutor.— Four Months' Imprisonment.

THIRD COURT.—Thursday, October 23rd, 1879.

Before Mr. Common Serjeant.

Reference Number: t18791020-919

919. JOHN NEAL (32) and PHILIP FLYNN (22) , Robbery with violence on Thomas Burton, and stealing a watch and chain and other articles.

MR. READ Prosecuted; MR. D. METCALFE defended Neal, and MR. PURCELL defended Flynn.

THOMAS BURTON . I was at the Admiral Nelson, Grey Coat Place, Westminster, on Saturday evening, 27th September, with Smith, the grenadier—the prisoners came in shortly afterwards, and Flynn said "Halloa! old boy. How are you?"—I did not know him, and made no reply, but stepped away

from him—about 10 minutes afterwards I drank my beer and was going ont of the door, when the prisoners came up to me and struck me on the right side of the face, knocking me down—I can hardly tell which did it—no one else was there to do it—there were two soldiers with me—Smith was near me, but he did not touch me—I fell on my back over a table, and my head came in contact with the floor about 3 feet from the door, and I became insensible—when I recovered I was at the police-station, and missed my watch and chain—I saw it afterwards at the police-station—I had had a glass or two, but was not incapable until I received the blow.

By the COURT. The blow was with the fist—I did not suffer much pain afterwards except a tenderness about the ear and the back of the head—I did not go to a medical man.

Cross-examined by MR. METCALFE. There was no mark of the blow when I was examined at the police-court—I had been in three other public-houses—I am a stranger in London—I was in two public-houses with the soldiers, Smith and Waters—I cannot stand much drink—I had been drinking ale—I had about four glasses that day, one at each house—I believe I was wrong when I said at the police-court that Neal took my watch and chain—they both came rushing at me; I hardly know which took it—there was a woman with one of the soldiers, and she was drinking with us—there were six or seven people there when I was knocked down—I was charged at the police-station with being drunk, and was locked in the cells till Sunday morning—I was bailed out.

Cross-examined by MR. PURCELL. I was in the Admiral Nelson about a quarter of an hour, and in the public-house before that about half an hour, and the two soldiers were with me—I was from the country, and meeting, the soldiers, I asked them if they knew a friend of mine in the Grcnadien, and I was drinking with them—after the blow I did not recover consciousness till I found myself in the police-station—the hustling took place in a moment—one of the prisoners knocked me down, and my friends the Grenadiers came to my rescue.

GEORGE SMITH . I am a private in the 1st Battalion of the Grenadier Guards—I was with Burton on 27th September at the Admiral Nelson, and before that at the Crown, in York Street, and the Prince of Wales—we had a pot of ale in each place between four of us, myself, Burton, a Coldstream, and a female who was with him—the prisoners and four or five men came in while we were at the Admiral Nelson—Neal was on a bench behind Burton, and tried to speak to him, but Burton would not—we remained about 10 or 15 minutes, and were leaving when I saw Flynn knock Burton down against a bench, and snatch his watch and chain from his pocket—Burton fell on his back near the door, and I snatched the watch and chain (produced) out of Neal's hand, and handed it over to the landlady at the bar—Burton lay on the floor—I do not know if he was insensible, but he did not move—the prisoners and five or six others ran away—I caught Flynn 50 yards away near a urinal, and a crowd got round me and pulled him away, and I went to the police-station and gave information—Burton was a little the worse for drink, but was fully sensible and not drunk.

Cross-examined by MR. METCALFE. I was not under the influence of drink, and had not been in any other public-houses before I met Burton—it was about 6 p.m., and I had been on drill at barracks till between 4 and 5, and had no beer all day—Burton was on the floor when I went out

after the prisoner, and I did not see him move—there were three or four other people there when we went in, and only the prisoners and their companions came after—I was just coming from the counter when I saw Neal near the door kneeling on Burton, and he took his watch—I could see his face.

Cross-examined by MR. PURCELL. It took place in about two minutes—I followed Neal, and the crowd gathered and he got away—I saw Flynn in the dock at the police-court on the Monday morning, and I said "That is the man who was in the public-house and struck the prosecutor"—when Barton was knocked down the soldiers had got out of the door, and I was the last to leave—I ran after Neal—I identified him from among 15 or 16 others in the station-yard.

By MR. METCALFE. I next saw Neal on Monday morning in the police-station yard where I saw Flynn.

EDWARD O'BRIEN . I am 14, and live at 3, Keel's Yard, Westminster—I was near the Admiral Nelson on the 27th, and saw Burton sitting on a stool in the public-house and the prisoners alongside him—I saw flynn talking to him, and suddenly strike him with his fist and knock him oyer a table—Burton lay on the floor about a minute, got up, and went outside—as he was getting up Neal snatched Burton's watch, and was going out at the door when Smith, the grenadier, put his arm over and snatched the watch from him—I knew Neal and Flynn by sight, and am positive they are the men—I identified them at the station, but they were not placed with others—I was at the station with Burton.

Cross-examined by MR. METCALFE. Burton was getting up when his watch Was taken from him.

Cross-examined by MR. PURCELL. When I picked the prisoners out, the two detectives were with them.

GEORGE WATERS . I am a private in the 2nd Battalion of the Coldstream Guards—I was at the Admiral Nelson on 27th September, about 8.30 p.m., drinking with Burton—we had a pot of ale there—we had been to the Crown and the Prince of Wales, and had a glass of ale at each place—after we had been at the Admiral Nelson a short time the prisoners came in, and wanted to speak to Burton, but he would have nothing to do with them—Burton and myself and Smith and the female were going out, and the prisoners rushed up, and Flynn knocked Burton down, and while he was on the ground Neal took' the watch out of his pocket—Smith, who was near Burton in front of him, took the watch out of Neal's hand and gave it to the landlady over the bar—Burton lay about half a minute, and then got up and came outside to follow the prisoners—the prisoners ran up the street and we ran after them, but could not get to them for the people in the street—I went up with Burton the same night to the police-station, and saw them with seven or eight others, but did not identify them—O'Brien was there and went in separately.

Cross-examined by MR. METCALFE. Burton was lying down when the watch was taken from him—Smith lifted him up.

WILLIAM BLATCHFORD (Detective B). I apprehended Neal from a description given me by Smith and O' lien about half an hour after the occurrence—I said "You were in the Admiral Nelson a little time back, were not you?"—he said "No; what for?"—I said "A man has lost his watch and chain there; you answer the description, and I shall take you in to the station?"—

he said "I know nothing about it; I was not in the Admiral Nelson"—this conversation occurred outside the Rifleman in the Horseferry Road thirty or forty yards from the Admiral Nelson—when I got to the station the landlady was there with the watch and chain, and Burton identified it—I had seen the prisoners together outside the Bricklayers' Arms about an hour before.

By the COURT. They were not put with other men for Burton to identify—Burton was at the station being charged with being drunk and incapable.

By MR. READ. O'Brien and a female were outside the station when I took Neal in, and they identified him—the prisoners were not put with others for the grenadier or O'Brien to identify—Waters came to the station the same time and signed the charge sheet—Smith did not come till Monday morning, and I was present when he came—I do not think the prisoners were put with others for Smith to identify.

Cross-examined by MR. METCALFE. The police are responsible for the identification of prisoners, and we have strict orders to put other men with them—I do not know whether the prosecutor was put in a cell by himself—he was too drunk to take care of himself.

ROBERT DAY (Detective B). I apprehended Flynn at the corner of Strutton Ground between 8 and 9 p.m—I said "You will be charged for being concerned with another man in assaulting a man and stealing his watch"—he said "All right, master, I'll go with you, but I know nothing whatever about it"—I was in plain clothes—I took him to the station, and the soldier Waters came in at the time with a female—the prisoners were sitting down, and Waters and the woman identified them—the woman is not here—O'Brien came that evening—the prisoners were not put with others—O'Brien and several other people shouted in Neal's hearing, "You have got the right man"—Flynn was inside then—on the Monday morning they were placed with thirty or forty other prisoners, and Smith came into the yard and immediately picked out Neal and Flynn.

ELIZABETH DOWNIE . I am wife of John Downie, who keeps the Admiral Nelson—I was not serving on the 27th, and did not see Burton in the house, but I heard the confusion, and on going to the front of the bar I saw a scuffle—I called the potman downstairs, and Smith put this watch into my hand and asked me to take care of it—I did not see Neal.

Cross-examined by MR. PURCELL. I did not see the prosecutor—there was no quarrelling or noise before this scuffle took place—the bar is divided by a partition.


NEAL also PLEADED GUILTY to having been before convicted of felony on 3rd September, 1877, at Westminster.

NEAL— Five Years' Penal Servitude.

FLYNN— Fifteen Months' Imprisonment.

Reference Number: t18791020-920

920. ABRAHAM HARRIS (62) , Feloniously marrying Ellen Hyatt, his wife being alive.

MR. MILLWOOD Prosecuted.

JOSEPH MERRIDALE . I am a butler residing at Tinglith, Bedfordshire—I know Harris, and was present at a marriage between him and Phœbe Reynolds, on 4th December, 1849, at Tinglith, and produce the certificate—they lived together at Tinglith some years and left more than 20 years

since—I do not know whether Harris has seen her within the last few years Road—I saw her at the police-court a week last Tuesday.

ELLKN HYATT . I live at 9, Cradock Street, Kentish Town—I was it married to the prisoner at St. Stephen's Church, Hampstead, on 23rd an December, 1877—he told me before the marriage that his wife had been dead seven years, and I believed him—I produce the certificate.

WILLIAM BULLOCK (Policeman S 32). I apprehended Harris on 6th October at Prince of Wales Road, Kentish Town—I said "Mr. Harris, I you will be charged with intermarrying with Ellen Hyatt, your wife being alive"—he said "I thought she was dead"—he accompanied me to the station.

There being no proof that the defendant knew hit wife was living within seven years of the second marriage, the COURT ruled that there was no case for the Jury.


Reference Number: t18791020-921

921. HENRY GUNTHER (19) , Burglary in the dwelling-house of Seth Booth, and stealing a box of cigars

MR. GRIFFITHS Prosecuted.

The Jury being unable to agree, were discharged without a verdict.

(See Third Court, Monday, 27th.)

Reference Number: t18791020-922

922. LAWRENCE TWISS (17) , Burglary in the dwelling-house of Robert Roach, and stealing seven pairs of boots and other articles.

MR. WILLES Prosecuted.

JAMES MINCHHAM (Police Sergeant H 15). On 28th August, at 5.50 a.m., I saw Twiss and two others in Old Nichol Street, Bethnal Green—Twiss and another each carried a coat on his arm; another had a sack on his back, and I stopped him and found seven pairs of boots in it—Twiss threw down this coat (produced) and ran away—I saw him again on 10th September and arrested him on 7th October—I said "Ton will be charged with being concerned with two others in committing a burglary"—he said "I know all about it; how do the other two get on?"

ELEANOR ROACH . I am wife of Robert Roach, 79, Church Street, Bethnal Green—on 28th August, on getting up I found the house broken open and missed seven pairs of boots, two coats, and a waistcoat—they had cut a pane of glass out of the back door and pulled down the shatter and opened the door—I bolted the door myself the night before, and saw it before I went to bed about 12 o'clock—I identify the property produced—the coat was on the back of an easy chair, and the waistcoat was on the sofa—the boots were in the shop window—at Worship Street I identified a man who came the night before to buy a pair of boots and looked all over the place.

GUILTY** of receiving. Twelve Months' Imprisonment.

Reference Number: t18791020-923

923. CHARLES WILLIAMS (19) , Stealing 9s. 9d. of George Henneman, from his person.

MR. READ Prosecuted.

GEORGE HENNEMAN . I am a jeweller at 88, Liverpool Road—on Saturday, 11th October, at 1.30 p.m., I was in the Metropolitan Meat Market, and had four shillings, a sixpence, and threepence in my ticket pocket—there were people near me on both sides—the prisoner stood before me with his arms folded—I heard him say to his friend "Go along"—I turned round

and felt in my pocket and missed the money—I called to the piisoner"Will you give me my money? you have picked my pocket"—he said "No I never did pick pockets," and he went the nearest way out of the hall; I pursued and caught him—I said "Where is your friend going to? "he said "He has gone"—I said "I suppose you have not the money, but have given it to him?"—he said "I am a workman and never steal' you want to say I am a thief"—I said "Yes, I will give you in charge"—he said "What do you think I stole from you?"—I said "9s. 9d."—he took out his money and said "If I have had 9d. out of you I will give you 1s.; don't give me in charge"—I said "I don't want your shilling; I'll give you in charge"—he then ran away—I followed and cried "Stop thief!" and in the Smithfield hay market he threw away some money—I was running after him about 10 minutes, and never lost sight of him, and was only about two houses from him.

Cross-examined by the Prisoner. I had said nothing to you before I saw the other man go away in the crowd and missed my money—I had only put it in my pocket a minute before—my coat was buttoned—I did not say "Give me my money and I will not lock you up"—I did not ask you to show me your money—you pulled out three shillings and sixpence and some coppers and offered me a shilling and went off—another man who ran after you and picked up the money you threw away was given in custody, but afterwards discharged—I was alone at the market.

JAMES SAVEALL (City Policeman 353). On the day named I saw Williams running from the market and throw some money in the street—it was picked up and given to Williams by a bystander, who was afterwards given in custody—the witness Evans stopped Williams, and Mr. Henneman charged him with picking his pocket—I said "You must come to the Station"—he made no answer—at the station we found 2s. 2d. on him—he refused his address.

THOMAS EVANS . I am a dairyman at 20, North Street, Knightsbridge—about 2.30 on the day named I saw Henneman running after Williams—I followed him across Smithfield, and on getting to him I was struck in the face with a fist by some One in the crowd—I held Williams fast, and he said "I'll smash your face if you don't let me go"—I saw him throw some silver and coppers on the ground.

Cross-examined. It was not knocked out of your hand, you threw it away—Heneman saw me holding you.

Prisoner's Defence, I was walking through the market, and there were considerable number there, the prosecutor turned round to another gentleman and said "Here, come here," but the man went away then he called me and searched his pockets and said he had lost 9d., I pulled out a shilling, sixpence, and twopence, and offered him the shilling; he said "No, I don't want your shilling, I'll lock you up," and halloed out and I ran away, when I was caught I pulled out the 2s. 8d. to show him what money I had, and it was knocked out of my hand.


He further PLEADED GUILTY** to having been convicted at Westminster in March, 1878.— Seven Years' Penal Servitude.

Reference Number: t18791020-924

924. WILLIAM GIRDLESTONE (58) PLEADED GUILTY to forging and uttering a cheque for 4l. 13s., with intent to defraud; also to embezzling 3l. 16s. and other sums, the moneys of William Aubrey Leake and another.— Nine Months' Imprisonment.

OLD COURT.—Friday, October 2th, 1879.

Before Mr. Justice Hawkins.

Reference Number: t18791020-925

925. JOHN SULLIVAN (39) , Feloniously causing bodily harm to Elizabeth Sullivan, with intent to murder. Second Count—with intent to do grievous bodily harm.

MR. GOODMAN Prosecuted; MR. A. B. KELLY Defended.

There being no evidence of any intent to injure, the COURT directed an acquittal. The Prisoner then

PLEADED GUILTY to an assault and causing actual bodily harm.— Six Months' Imprisonment.

Reference Number: t18791020-926

926. JOHN MOORE (34) , Unlawfully knowing and abasing Alicia Moore, aged twelve.

MR. ST. AUBYN, for the Prosecution, offered no evidence, there being no proof of the age of the child.


Reference Number: t18791020-927

927. HARRY SUTTLE (27) for a like offence.

MR. GRIFFITHS Prosecuted.

GUILTY .— Ten Years' Penal Servitude.

NEW COURT.—Friday, October 24th, 1879.

Before Mr. Recorder.

Reference Number: t18791020-928

928. ISAAC MONTGOMERY GADD PLEADED GUILTY to unlawfully publishing certain libels concerning Alexander Angus Croll, with regard to the United Kingdom Electric Telegraph Company, Limited, and the purchase thereof by the Postmaster General.

He also withdrew the plea of justification which he had pkaded— Four Months' Imprisonment.

Reference Number: t18791020-929

929. WILLIAM COLMER (34) and JAMES COLMER (43) , Unlawfully publishing a libel concerning Thomas R. Armitage, to which a plea of justification had been pleaded.

MR. BESLEY for the Defence stated that James Colmer would withdraw the plea of justification and

PLEAD GUILTY to the libel.Fined 50l. towards the costs of the Prosecution, and to enter into recognisances.

MR. MOWTAGU WILLIAMS for the Prosecution offered no evidence against William Colmer. NOT GUILTY .

(There was also another indictment against the prisoners for conspiring to publish a tible, upon which no evidence was offered. )

Reference Number: t18791020-930

930. HARRY HARRIS (32) , Stealing various securities for the payment of foreign and other moneys, the property of James Burt and others.


FREDERICK ROBERT BURT . I carry on business with my brother as bullion dealers at Cornhill—I knew the prisoner some years before 1876—he had been employed at Baum's, in Lombard Street, who carried on a similar business, and failed about that time, and he was thrown out of employment—he called on us at Cornhill, and asked us to engage him in our business—we said that we had no vacancy—he mentioned his connection with Baum's, and suggested that he might be useful, and eventually we took offices in Fenchurch Street, where I and my partners paid 150l. a year rent, and we had telegraphic communication laid on between Cornhill and the branch in Fenchurch Street—we found the bullion and capital lor the branch business

—the prisoner was in the first instance to receive one-third of the gross profits made, hut we dismissed him at the end of November, 1876, and he was away from the business for a fortnight, and one of our clerks from Comhill took charge of it—the prisoner was then re-engaged at a salary of 3l. a week, which he was to draw from his cash, and to receive half of the gross profits after 700l.—that arrangement continued till July last, when he was discharged.

Cross-examined by MR. GRAIN. I assert positively that he was our clerk and servant—the name of H. Harris was placed over the door in Fenchurch Street—he had not full control of the office business there, but he had as much control as our managing partner had—there was no one there as a rule to assist him, but somebody would go occasionally from our office—he had full power to buy what he pleased and sell what he pleased as far as money-changing was concerned; he made his own prices—he had business cards with the address on them "H. Harris and Co.," describing the business in German, French, and English—this (produced) is one of them—supposing an emigrant coming from abroad and wishing to dispose of bills, the prisoner had authority to buy them; and he was entitled, if they were going to Germany, to draw in his own name on bankers abroad in order to give persons a draft in Germany—his name would be on drafts on bankers in Berlin and Frankfort—our names were not on the drafts which he drew—he could exercise his own discretion with reference to such drafts to what amount he pleased, but he was told to consult us on any business of importance—he could not draw on bankers in his own name and transact business in his own name without asking us for instructions on whom he should draw—he was not empowered to draw for a certain amount on foreign bankers in his own name, but he did so with our knowledge, and those drafts were circulated without our name being on them—persons sometimes came to us at Cornhill with crossed cheques and asked us to change them—we did not then give them the card of Harris and Co. as an independent firm, and send them there to get them changed; we may have done so, but I don't recollect an instance; we were in the habit of sending Harris all business which was too small for us—I remember the prisoner changing a cheque for a person named Jackson—they may have applied to Cornhill first, and I may have sent them on with Harris's card; I do not remember—Mr. Glazier the cashier, or my brother would see such a customer—we are not in the habit of dealing in crossed cheques, and if one is brought in, no doubt it would be brought by a stranger—crossed cheques are not understood on the Continent, and persons having them wish to turn them into money, and English strangers have brought in English cheques crossed, but we do not change them; it is not the regular course of business—the prisoner could change them if he chose to make the inquiries, which we did not choose to make—it is not the regular course of business for a money-changer to change a crossed cheque for a perfect stranger—a man named Jackson was tried here who had passed a cheque which was changed by Harris, and we subpœnaed Harris as a witness, and inquiries were made through Messrs. Wontner and Son in reference to the cheque which passed through our bank—that cheque was changed by Harris and sent back by him to us, and passed through our bankers—I do not remember Jackson coming to us—the prisoner started with a certain amount of bullion as his stock-in-trade—it was his habit to send the bullion-bag from Fenchurch Street to Cornhill every night, and it

was placed in the Cornhill office—"bullion" means not only coin, but notes as well in our business, and if, when it was there, some one came for some particular class of currency which we had not got, we should go to the bag and take out what we wanted and put a memorandum into the bag, a kind of I O U to replace the amount we took out—we made no permanent record in any book beyond that slip dropped into the bag—my brother would de the same if he required it, and also the cashier—if we were short of any particular currency before the bag came back we sent and borrowed it from Fenchuroh Street—by "we"I mean the three of us—we should inquire by telegram if he had got it, and then send a memorandum slip representing the amount lent—Harris had no business to change crossed cheques without ascertaining what he was doing—he did not speculate, nor did we share the profits of it; he was forbidden to do so—the cash-book was before him, and as he bought anything he entered it on one side, and as he sold, on the other; every one of the occurrences named in the indictment is properly entered on one side or the other; all the sums mentioned in the indictment relate to sums mentioned in this book, and it is from the book that our clerks have made up the accounts that they have—from this book he would post to the ledger and the stock-book—this is the foundation for all the set of books—3,310 marks are entered on 14th January, 1879, as having been purchased by him—we occasionally act as bankers, and allow people to have balances and cheque-books—we opened an account with Harris, and he received a cheque-book with blank forms, and if he had not coin to pay customers he drew cheques on us, signed "Harris and Co."—all the entries of the 3l. per week are merely put down under expenditure account "Harris 3l."—there is no entry of "Harris, wages," or "salary"—it was necessary to put down the 3l. per week under the expenditure account before we could arrive at the profit which had to be divided.

Re-examined. We do a large business at our principal office in exchanging coupons—I cannot remember whether we paid for the printing of Harris's cards—when he had not money in stock he drew on us, and if one of our clerks was in charge of his office for a time he would sign cheques—he would telegraph to us to say that he wanted more bullion, and if we had it we supplied it—it did not often happen that we wanted it—if he changed a crossed cheque it would come back with the other money from his office to us, and would pass through the accounts—we opened an account in Paris in the name of H. Harris and Co.—this is a copy of our letter. (This was in French, it wot dated 22nd January, 1876, from Burt and Co. to a banker in Paris, asking him to open an account in the name of H. Harris and Co., and send a book of 100 cheques to facilitate the business of their branch house.) In other cases except drafts on Paris the prisoner drew on our agents and we advised them; we presumed he would do more business with Paris than any other place—the business done after the bag was sent off at 4.30 was very small—there was no complaint by him of deficiency—we only counted the bullion bag once a quarter.

By the COURT. An I O U in the bullion bag would be settled the next morning at the head office—we lock up all our bullion at the bank, and next morning we should take back the memorandum, which would leave things as they were originally—there was no reason for a record of it but if we had not got it we should credit him with it—the memorsndum occasionally

went back to him as representing cash, but then he would have notice of it, and it would appear in the book.

JOSEPH HENRY BURT . I am in business with my brother and Mr. Procketon as bullion dealers at 71, Cornhill—on the failure of Baum and Co., the prisoner came to us for employment, and haying no vacancy for him, we eventually established this French business in Fenchurch Street—our firm signed an agreement for the lease, and supplied entirely the cash for carrying on the business—he was to act alone at Fenchurch Street, and in order that he might have advice from us we had a private telegraph laid on between Fenchurch Street and Cornhill, for which our firm made an agreement with the Post-office—he had to render us an account of his dealings every quarter, which he did satisfactorily till the end of 1878, and there was no difficulty in obtaining the books from him—on the business of last year the gross profits were about 1,000l., and as he had half of the profits, over 700l., that would be 150l. in addition to his salary—this (produced) is the quarterly statement he sent in on 31st March this year, of the different kinds of bullion in stock; it is his writing—after we got that the books were not sent as usual; we repeatedly applied for them, and were not able to get them—we asked him for them, and he said that they were not quite in order; he was getting on with them—the matter went on till June, and on 30th June he sent in this statement, purporting to show the amount of bullion he had in hand—we again applied for the books, and were unable to get them—I telegraphed to him on 25th July, and as it produced no result I sent a clerk to him on Saturday—early on the morning of the 28th I waited in a doorway opposite till Harris came—I followed him into the office, and asked him what was the meaning of such extraordinary conduct, referring to the previous Saturday, when he had left the office, taking the key with him—he made no reply—I said "Are the books in order?"—he said "They are"—I said "Why did you not send them as you promised?"—he said that I should find them all in order, with all the lists attached, and gave them to me with the lists—I said "I shall take them to the office, and have them verified in ordinary course; after your conduct we shall not require your services any more; if you have any communication to make you know where to find us, and we shall have occasion to communicate with you before long'—the bag of bullion was not allowed to go back after it came to our office on the Friday night—I found the ledger was made up to 31st March only, and the stock book was only partly made up—I had them posted up by our clerk—I found this piece of paper on the premises with this stock list. (These were the draft accounts of 31st March)—this shows that the value of the bullion in stock on 31st March was 542l. 18s. 4d.; I have compared the ledger with the cash book, and find that he ought to have had 1,043l. 19s. 7d.,—there is no heading to this; it is merely some figures resulting in that sum; it is the balance of the different accounts in the ledger—between those two amounts there is a deficiency of 501l. 1s. 3d.; the balance of the ledger on 30th June shows that there should be 1,141l. 10s. 6d., so that the deficiency on 30th June was increased to 563l. 6s. 3d.—this is a list of the bullion found in the bag on 28th July; it is 582l. 14s. 11d., and the ledger at page 436 shows that it should he 1,157l. 19s. 3d., so that the deficiency had increased to 557l. 4s. 4d.—I prepared this table (produced) from the books, showing the deficiency in

the different kinds of bullion, and it shows a deficiency on 30th March, 30th J line, and 28th July—I find in the stock book in Harris's writing an entry on page 19 of the purchase of 310 Prussian notes bought on 14th January, 1879, and in the cash book at page 198, on 4th February, 920 Prussian marks—that entry is omitted altogether in the stock book—I find in the stock book at page 30 an entry on 1st February, 1879, of 200 francs French notes purchased by Harris, and by the cash book at page 230 I find that the actual purchase on that date was 2,200 francs.

Cross-easamined. Up to 31st March the ledger which he posted up himself is correct with the piece of paper which was found—it shows that he ought to have had 1,043l. 19s. 7d. in hand—the ledger is posted from the cash-book—he has entered 920 marks on 4th February in the ledger, and entered it properly in the ledger in the total of the day—he has made a perfectly complete entry in two out of three books—he was our clerk and servant, and we could have gone and looked at the books and found that on 31st March he ought to have had 1,043l. 19s. 7d., or we could have fetched the books away—the balance of 31st March was made up about six weeks before—we did not have the books till July, when I took possession of them—it was no use getting them unless they were made up—when he started, in addition to the cards a circular was issued in his name—Mr. Brockton looks after the general management with my brother—we were all three present at the arrangement—we wrote a letter to a Prussian gentleman, saying that Harris was to have the sole signature—he had full liberty to go to his office when he pleased, leave when he pleased, and do what he pleased—it was his duty to attend in the ordinary business hours—there were ordinary rules of business—he would not take a holiday without our permission, I swear that—he had not to ask out permission when persons wanted to change crossed cheques, but as a rule he had to ask us when he drew on a foreign banker, but it depended entirely on the amount—he had a right to do it, and he did it on many occasions—I am not aware of any speculations which he entered into—I know of no transactions outside of what we call legitimate ones for him to go into which he went into, and which left a profit which we participated in—the purchase and sale of bills every day is supposed to leave a profit, but we did not know of every transaction which took place—we frequently sold 30,000 and 50,000 francs to Venablea and Co. on Paris—I have not the remotest recollection of drawing a cheque on my Paris bankers payable to the order of Harris and Co.—our books would show it, and it would be legitimate business—I have no recollection of asking Harris to sell to Venables and Co. 30,000 francs on Paris, as the exchange was rising, but it could have occurred—if a cheque was drawn payable to Harris and Co. it would have to be endowed, and they would have their name there—700 Austrian coupons does not remind me of a transaction between us and 'Harris—Kulb and Go. are money-changers—we may have had to sell them some Austrian coupons, but I know nothing about it—when we did not want our name to appear the prisoner would do the transactions in the name of Harris and Co., and they would appear in our books—I know that inquiries were made about a crossed cheque changed by Jackson—I cannot say whether we said that our books contained no record of the transaction—I have no doubt we referred them to Harris and Co.—my brother is the senior partner—that very cheque had gone through our bankers and

appeared in our cash-book—I cannot say whether we returned Harris's name to the Income Tax Commissioners as one of our clerks liable to income tax—I have never seen the return—my brother attended to that—Harris no doubt made an independent return at Fenchurch Street—I do not think my brother has mentioned that the bag was always taken at night by the prisoner and brought back at night by him, until he broke his leg, and then he used to give in an account of his transactions during the day—there was a gross profit all through of about 1,100l., from 1876 to 1878, without the 570l. odd which we say is deficient, and there is really more than that—Baum and Co. were a well-known firm of money-changers, and we took the prisoner from there because we thought we should get the connection of the fallen house—what clients he had we have now.

Re-examined. As to Jackson, the name of the banker would appear in our cash accounts; any other entries would appear in the books of Harris and Co.—if the draft on Paris for 30,000 occurred it would appear no doubt in the prisoner's books, and so would the 700 Austrian coupons—I have no knowledge of any such transactions, nor have they been pointed out to me in the books—we have no means of testing whether the transactions in the cash-book really took place—we had to take the prisoner's account of what he professed to have bought and sold during the day—he professes to have bought 3,314 marks on 14th January, and that appears as a charge against us—we are charged indirectly of course—at page 198 the 3,314 marks are carried out as 116l. 13s. 2d.—in the account the prisoner kept it is charged as money belonging to us, but spent by him in the purchase of those marks, and on the other side there is 150l. in bank notes which he received of us that day—the ledger is a posting of the cash-book, and tallies with it—in order to see whether we really have the stock which he professes to have bought it is necessary to turn to the stock account, and on doing so I find that he has left out the 3,000 marks with which he has charged us—he never complained of any loss of money or deficiency from any transaction which had taken place—the only suggestion was made at the Mansion House—all the materials for the stock-book are found in the cash-book.

EUGENE BROCKETON . I am the second partner in this firm.

Cross-examined. I think the transaction of the 30,000 francs took place—we often have a large sum in Paris once or twice a week, and nothing the next day—Harris may have purchased the amount for us for the account in Fenchurch Street—whenever bollion and bank notes were wanted he used to purchase them of us—Harris and Co. used to buy of us—I do not recollect asking Harris to sell 30,000 francs in Paris to Venables and Co., but we may have done so—I do not recollect anything unless you give me a date—I recollect about the 700 Austrian coupons, we told him to go and sell them to Culver and Co.—we did not sell them ourselves, because Culver's might have thought we were selling on account of flat markets abroad.

Re-examined. I take part in the management of the Cornhill business—if the prisoner wanted bullion of a particular description he would telegraph to us to see if we had got it, and if we had it we sent it round to him, and the account was debited with the price of it, unless he returned it the same day—the price at which he sold it would come in on the other side of the account.

EGMOUT POLLACK . I am a clerk to the prosecutors at Cornhill—I entered by their instructions from the cash-book to the stock-book the various matters—I don't know whether I have correctly entered all the purchases and sales, but I have had them checked—I can see by his writing up to what date the prisoner checked the stock-book.

LIZEL REGIS . I am cashier to the prosecutors—it was my duty to count the amount of stock in the bullion bag on March 31st and June 30th—I was not there on July 28th—the amounts that have been given to day are correct.

HENRY WEBB (Detective Officer). I took the prisoner—he said that he could not exactly understand it, but he could give an explanation. (MR. GRAIN submitted that there was no case to go the Jury, but that it was a question for the Court whether the prisoner was a servant or not. In Reg. v. Negus it was held that a man who was allowed to get orders when and where he thought proper was not a clerk or a servant. The COURT considered that it was a question of fact for the Jury, and declined to reserve the point.

GUILTY .— Nine Months' Imprisonment.

THIRD COURT.—Friday, October 24th, 1879.

Before Mr. Common Serjeant.

Reference Number: t18791020-931

931. ALFRED ALDRED BURDETT KIRBY (31) , Feloniously making a charge upon certain of his property, with intent to defraud his creditors.

MR. MORTON DANIEL Prosecuted; MR. M'CRAE MOIR Defended.

GEOFFREY JAMES POOLE . I am manager to Mr. John Venables May, trading as Thomas Venables and Sons, warehousemen, at 103, High Street, Whitechapel—on 7th March last Kirby called upon us and bought about 20/. worth of goods, and I was called to him—we subsequently supplied other goods, and ceased to supply him on 1st or 2nd May, at which time there was due from him 33l. 8s. 4d.—he was pressed for payment, but did not pay.

Cross-examined. He had goods amounting to 67l. during that time—we sued him for the balance, 33l. 8s. 4d.—in the writ the amount of a 20l. cheque is included—I do not keep the books—Mr. Norman was our chief clerk—he is not here—I believe he made an affidavit in this case—we had no idea of criminal proceedings till 13th August, when Mr. Briton called and told us about the bill of sale—I think he told me the amount without my asking, and he produced the bill of sale—I believe he told me Kirby owed 123l. 0s. 9d. to him, and 60l. to Mrs. Brierley, making together 183l. 0s. 9d.—nobody was present but myself when he called, but Mr. May came in a few minutes after—I did not tell Briton he must secure the payment of our 33l. 8s. 4d., or hear it said—I never heard anybody say to him "If this debt is not secured we will punish Kirby," or "If you do not take steps to make him pay we will prosecute him"—I left Mr. Briton to speak to Mr. May, but I did not leave the room; I was doing something else—I was not listening all the time, and things may have been said which I did not hear—I did not ask him how he made up the 123l., and he did not tell me—I think I heard him telling Mr. May some figures, but do not recollect his saying that he had advanced 55l. in 1874—I believe he mentioned some amounts that were owing to him, but I did not pay attention to what was

said—we had dealt with him before 7th March, but at other addresses, and I had no idea it was the same party—I knew he had bought this business and I told him it would be more advantageous for him to deal with us than with Messrs. Leake, because we should let him have short lengths—I thought that would suit him better in a small shop—I knew he was with Bergero before he began business, but I do not know how long—Bergers has been in the same line of business for 50 years, and is highly respectable, and go is Kirby, so far as I know up to this time—I know he dealt with Outram's, a highly respectable City warehouse, and referred them to us as a reference—I had not told him to refer them to us, but I suggested that he should give us as a reference to any one he went to buy goods of, as he had told us his capital and explained his affairs, and they seemed satisfactory, and we were the parties to refer to—he told us he gave 79l. for the business and 80l. for the leape of the premises at 626, Mile End Road, and had given notice to withdraw 100l. from an insurance office—he did not say he had insured in an office in King William Street, and hoped if the securities were satisfacfactory to get an advance of 100l. from them—I have it written down—he did not tell me the name of the office, and I did not ask him.

Re-examined. When Mr. Briton came on 13th August, he said "I have just come to show you this document, a bill of sale which Mr. Kirby has given to me, so that you may not take any unnecessary trouble or expense with him"—as soon as I saw it I said "We shall prosecute Kirby for getting goods by false pretences"—on 7th March I asked Kirby as to his means—I took down this memorandum in writing, "His capital 213l.; all own capital; rent 50l., and he lets off 39l., and the trade done previously in this shop was 12l. to 15l. per week."

JOHN VENABLES MAY . On 13th August I saw Mr. Briton at my place—he was in conversation with Mr. Poole when I arrived—Briton produced this document and said "I have called to save you from further trouble and expense in Kirby's matter; I am the holder of the bill of sale which is executed to me for moneys I have advanced to him"—I said "Were the moneys recently advanced, or when was the consideration given?"—he said "A portion of it is recent and a portion of an anterior date"—I said "Are you a relative of Kirby's?"—he said "I am"—I said "What relative?"—he said "Uncle by marriage"—I said "Well, we shall have to inquire into this matter, and I do not think you will find it will end here"—I had no personal knowledge except from my manager, Mr. Poole, as to the sale of the goods and the amount due—I instructed my solicitors to bring an action against Kirby for the recovery of the amount due to me.

Cross-examined. Poole was present I believe during the whole of the conversation with Briton—I do not recollect asking Briton to secure my debt, but I may have done so—he said if we would grant Kirby further time he would come to the rescue, and no doubt matters would be all right—I had never seen Briton before—he looked a respectable man—I will not swear I did not then say "Well, will you secure this debt?"—I do not think he mentioned any particular sum—I cannot speak positively, or whether he said he had advanced him 50l. as early as 1874—I do not think it was mentioned—I only asked him a question to see whether there had been a moving consideration for the bill of sale—I think Mrs. Brierley's name was mentioned, but not the amount she had advanced—I did not say, "Now we must have our money, 33l. 8s. 4d."—it was barred by the bill of sale—

he said "If you will give Kirby a little time I have no doubt matters will be all right"—I said "Well, there has been too much shuttling already; we cannot consent to farther delay"—I did not know the amount altogether of the goods he had had—I did not say "If he does not pay I will prosecute him for getting goods under false pretences"—I did not know I had the power to prosecute him—I do not remember Poole saying that, and I gave him no instructions, because I did not know the interview was going to take place—I was dtiled down from another part of the ware-house—I approve of the prosecution, or I would not have instituted it, and did not expect to get the money quicker by taking these steps, and did not in consultation with Mr. Poole beforehand suggest putting the screw on—if Mr. Briton had discharged the debt, and our judgment had been satisfied, I should have been satisfied—I only wanted to be paid.

By the COURT I knew nothing of the bill of sale till 13th August, and had no opportunity of consulting with regard to it.

JOHN IVY GRIBBLE . I am a solicitor at 11, King Street, Cheapside—this bill of sale (produced) was brought to my office by Kirby and Mr. Briton on 11th August last for the signature of the person giving it—I read it over and explained it. and did what was required by the new Act, and it was signed in my presence.

Cross-examined. The date 11th August is my handwriting. (The bill of sale was read)

JOHN ROGERS . I am a solicitor at 10, Basinghall Street—on 25th July last I was instructed by Mr. May to bring an action against Kirby for 33l. 6s. 4d.—I issued the writ on that day, and had it served—on 1st August Kirby called on me and said "I have, entered an appearance, but I want a little time, and shall be prepared to pay"—I said "You had better put your proposition into writing, and he then wrote this letter, offering guarantee for settlement within a fortnight—I communicated with Mr. May, and by his instructions wrote this letter on 2nd August (Agreeing to wait till the 15th on, security being given)—on 3rd August I received this letter from Kirby (Promising to see Mr. Rogers at 12 on Tuesday)—he called on me on 5th August, and said his friend who offered to guarantee the debt was prevented from doing so by the regulations of the establishment in which he was employed, but would pay the amount for him, and that they would call for that purpose the following day—no one called, but I suspended proceedings till 8th August, when I took this summons under Order 14 Rule I of the Judicature Act, and it was served by John James, a clerk in my office, and was returnable on 12th August, but no one appeared to show cause, and an affidavit of service and attendance was left at Judge's Chambers, and on the following day on order in the terms of the summons was made by the Master—by Mr. May's instructions I searched the register on the 14th, and found that a bill of sale had been registered on the 12th, the day after it was dated.

Cross-examined. I had no reason to think it was not all straightforward till I heard about the bill of sale, and then I could quite understand why further time was obtained—he told me on the 5th his friend was precluded by the nature of his employment from being security, but would shortly pay the amount—I did not ask him for his name—I communicated with Mr. May, and waited till 8th August—as his friend did not calll on the following day I having waited two days, considered that we were being trilled with, and I did not wait till the 15th.

JOHN JAMES . I am clerk to Messrs. Buchanan and Rogers—I served this summons upon the defendant on 8th August.

HENRY JOHN MOSELEY . I am a draper's assistant at Gorleston, near Great Yarmouth—I was in Kirby's service at 626, Mile End Road from 16th May to 14th August last—we were very friendly, and in the latter part of June he said to me, "I owe my uncle no money whatever; I gave my uncle cheques, about 74l., so that he could obtain judgment summons against me, for my employers (Thorne and Briers) owe me money, and I want to get it, and to show them that I have no ill will against them"—about a fortnight before I left, Mr. Briton was showing me two or three cheques, and said "You see, these are all right," and Kirby said to him "Oh, never mind about that; he knows all about it"—I heard nothing about a bill of sale till a week afterwards, when he said "I will give ray uncle a bill of sale to protect me against my creditors"—after I left I received from Kirby this letter of 22nd August (This stated, "I have had two executions in, each of which has been defeated through the B. of S. Tell your father he must not think I am going to cheat him out of the money, for I would rather do anything to pay him. I shall not be able to act independently before I have arranged with my creditors. My uncle is acting rightly by me," &c. "I am sorry that you told my uncle that I was the greatest liar you came across. I can scarcely think it is true. You also told Bertha some things only lately which might have remained unsaid according to you.")

Cross-examined. Bertha is Mrs. Brierley's daughter—I was not courting her—I told Kirby I liked the girl, and have told Kirby that I liked him—I was not anxious to be a partner, but I had thought of it, and spoke to him about it—I spoke to him, and wrote to him in friendly terms after I left him, and addressed him as "my true friend"—I did this after I heard of the bill of sale—I left him on the 14th, and in conversation a week before that he told me he would give his uncle a bill of sale to protect him against his creditors—it may have been the 12tb, but I think it was the 14th—he never told me he owed his uncle money, and I never asked the question—he told me he owed no money whatever—I might have asked him how he stood, but do not remember saying "I should like to be in partnership with you; I have got some little money; how do you stand?"—I lent him 10l. about that time, and have not been paid—I have not pressed him for payment—I knew Mrs. Brierley lent him money several times, but do not know how much—his uncle, Mr. Briton, told me that Kirby was the greatest liar in the world—I said "Yes"—I believe he is a liar—this letter (produced) is my writing, and it came in this envelope, dated Yarmouth, August 19th. "Father is in an awful way about that 10l. he kindly lent me. He says if he does not soon hear from you he shall think you are trying to cheat me out of it. You must send it to me before the week is out, or there will be a row, I know. I do hope you will try. You ought to, for it was lent to you out of pure friendship." I travel for Jenkins and Son, shirt makers—I believed Kirby to be my friend—he was not present at my interview with Mr. Briton—Mr. Briton showed me the cheques in Kirby's presence—they were cheques drawn by Kirby, and given to his uncle—I did not say in my deposition "I did not look at the cheques at all n—I said "I saw they were cheques, but I did not see the amount of them or the dates"—I did not see the amounts or Kirby's name, but his

uncle told me they were Kirby's cheques, and said "You see they are all right"—I did not see they were cheques of his.

Re-examined. When he told me he should give his uncle a bill of sale to protect him against his creditors, he said "against Venables and my other creditors."

By MR. MOIR. The cheques he showed me were like these (produced), bat I did not notice a blue one.

THOMAS WEST LUDWELL . I am managing clerk to Mr. Lyndhurst, solicitor, 126, Cheapside—on Friday, August 8th, my principal having an execution against Kirby for a bill of costs about 6l. 16s. 8d., I saw Kirby at his house—I said "Are you going to pay my principal's debt and costs?"—he said "Yes, you will be paid by and by; do not levy execution against me"—I said "I must leave that with ray principal"—he said "Venables and Son are suing me for about 33l. or 34l.—I said "What is the state of the proceeding?" and he produced a summons under Order 14, Rule I. with an affidavit attached—I said "What are you going to do about this?"—he said "What is the best thing to do?"—I said "If you pay my principal's claim I will see if I can help you"—he promised to come up to the office on the following day to arrange for payment of our claim, and said "I want to keep Venables out, and my uncle is going to draw up a bill of sale for me"—I said "What does your uncle know about a bill of sale under the new Act You will get yourself into trouble if you don't mind by letting him do it;" he said "He is doing it now"—I said "What do you mean by drawing up a bill of sale? if you have a bill of sale you will swamp my principals as well as Venables and Son?"—he said "The object is to keep Venables out, because they are for so large an amount; you will be paid right enough, you wait"—we had some further conversation, and he made excuses, and said he had been pressed—he said he was going to give the bill of sale to his uncle Mr. Briton and Mrs. Brierley, and that he owed them a small amount, and the bill of sale was to be made for a large amount, so as to swamp Venables's claim in case they levied execution—I asked him if his uncle would lend him the small amount to pay my principal, and he said no, his uncle had already lent him money, and would not lend him more, and was not very friendly with him.

Cross-examined. My principal has been paid under an interpleader summons—Mr. Briton was going to contend his bill of sale was good as against us, but has since withdrawn, and offered to pay costs of summons and attendance of witnesses—I have not received anything out of it from Mr. Briton—I told him Kirby had promised me 10s. for the 90l. transaction from Bryan and Co. 12 months ago—Kirby did not say he was very anxious not to be made a bankrupt.

Re-examined. I levied execution on behalf of my principal—Briton made a claim under a bill of sale, and the Sheriff issued an interpleader summons—Mr. Briton came to us on the Monday before the summons was returnable, and said he should withdraw, and gave notice immediately to the Court.

The following Witnesses were called for the Defence.

JAMES EDWARD BRITON . I have been subpœnaed by the prosecution before the Magistrate, and upon every occasion when this case has been before any Court, and have never been called, and I have been subpœnaed here to-day by them—it was first proposed to give a bill of sale to Mrs.

Brierley and a Mr. Hayward for their debts—I said in Mrs. Brierley's presence that I was not satisfied with that, and unless I got some security for my demand I should make Kirby a bankrupt—it was afterwards proposed that Mrs. Brierley should join in the bill of sale, and that I should act for her as her trustee—I had advanced to him at various times for the purchase of pictures, and various matters on account 55l., which was settled by his giving me a bill of exchange for 55l.—it is drawn by me. and accepted by Kirby, and dated 28th October, 1874—I advanced the 55l., because he said he had an opportunity of buying some pictures, one of them by an old master—he bought that picture, and said he expected to sell it for 400l., and would then pay me back my money—that acceptance is in his handwriting—I advanced the money in various sums of from 10l. to 30l. and the bill of sale was given in settlement—on 12th February, 1878, I advanced him 20l. by cheque (produced) payable to bearer, and it was paid on 15th February—he endorsed it at my request as an acknowledgment that he had received the money—the cheque passed through my bank, and is credited in my banker's pats-book (produced)—the next item is 20l., March 9th, 1878 (cheque produced)—that also appears in the banker's pass-book, and is endorsed by Kirby—the cheque of 25th March, 1878, J. E. B. and Co., or Bearer 10l., I intended to have cashed myself, but I gave him the cheque instead, and it is endorsed by him, and appears in my pass-book—27th March, 1878, 10l. in the bill of sale is a mistake, and should have been 26th March—that is endorsed by him, and paid in on the 28th—1st April, 1878, to Mr. A. A. B. Kirby, or bearer, 20l., and endorsed by him—I charged him in the bill of sale 2l. 1l. 3d. interest then due—he had paid interest upon the bill of exchange up to that time, leaving a balance of about 2l. 1l. 3d.—the 5l. 14l. 6d. is for interest on these cheques—he agreed to pay that—that makes altogether 123l. 0s. 9d., all which has been advanced by me—I did not know what Venables were doing, or hear of the proceedings taken by them till after the bill of sale was made—Mr. Lyndhurst brought an action against Kirby for coals, and I knew that if one creditor attacked him the others would soon follow, and then I began to speak to him about giving me a bill of sale as security for my money—it was my doing and not his—after the bill of sale was made I found out that Venables was attacking him, and I immediately waited on Venables, and advised Mr. Poole quite innocently, that as I held the bill of sale it would be useless their taking further proceedings, and that probably the better plan would be to wait a little while, when some arrangement might be made—Mr. Poole said immediately "Oh, then, we will make him a bankrupt!"—I said "Well, if you can make him a bankrupt do so; I can't helo it; if I had not had the bill of sale I should have made him a bankrupt"—he said "If we can't do it we will get some one else who will"—I said "I can't help it; if you do, all I have to say is, I have a bill of sale upon the property"—I produced the bill of sale, and he took it in his hand, and looked at it—he then asked me if I would guarantee the payment of his debt—I said "I cannot till I know the state of affairs, as it has been so recently given; why should I give you a prior guarantee over any other creditor, much as I might wish to serve Kerby and his creditors too; at present I can do nothing of the kind"—I said "I am an uncle by marriage"—he said "When will you come to some arrangement with us?"—I said "I cannot tell you at present, for I cannot tell what state the affairs are in"—he said

"Then I will give you till next Saturday," which would be the 16th—this was Wednesday the 13th—Mr. May came in while I was talking to Police-court—I know nohting of their proceedings at judge chambers—I since ascertained there was another action, Adams v Kirby—the Sheriff went in at the suit of a creditor, and I gave notice of my claim under the bill of sale—the Sheriff then interpleaded, and I was summoned, and attended on the interpleader, and was required to find security for 60l., and to try an interpleader at the next term—I found it impossible to find security by reason of the proceedings taken by Venables, and Moseley's evidence that the cheques were given by Kirby in my favour—the Magistrate committed the case for trial on the ground that if Moseley's testimony were correct there was strong evidence of intention to defraud—there is no truth in Moseley's statement that the cheques were Kirby's, or that these were fictitious transactions—I produced these cheques in Court, and I never had cheques of Kirby—I swear all this money was advanced, and is now unpaid.

Cross-examined. The first item, 55l., mentioned in the bill of sale as advanced on 28th October, 1874, was not all advanced on that day—it had been advanced in small sums, the first part of it a few weeks previously and the others followed—I took no receipts—I asked him to square up the account, and as he was negotiating the sale of a picture, and thought he should receive 400l. for it, I took a bill of exchange as a guarantee for the debt—I had no difficulty in settling the amount; he took my word for it—he knew what he owed—I did not want to negotiate the bill, but wanted the money, and he said he should be able to pay it—I took bis signature on the back of the cheques as a receipt—all my cheques were payable to bearer, and I have never struck out the word "bearer" and inserted the word "order"—I have known it done at the time I gave him the cheque he endorsed it on the back in my presence as an acknowledgment—he then paid it into Smith's bank, and it came back to me through my bankers! believe I crossed tins cheque (produced), but will not swear it is crossed by: me—the endorsement on he back of the cheques is the only receipt I took—they were all payable to bearer drawn by me in Kirby's presence, and endorsed by him in my presence—I had no book with cheques payable to "order"—he went into business at Mile End Road in March, and before that used to deal in pictures—I believe he had a little capital when he started busineas—did not lend him any then—the 20l., 10l., and 10l. 5s. were advanced in 1878—I first asked him in the first week in August to give me a bill of sale, but had before then several times threatened to make him a hankrupt—I was not aware when I pressed him for a bill of sale early in August that his creditors were pressing him—he did not tell me so, or that Venables were suing him—I did not know about Venables till afterwards—about July last Kirby asked me if I would go and arrange afterwards—about a little debt he owed him—I went, but did not see Mr. Lyndhurst, and the arrangement was subsequenty made—when Kirby gave notice to defend an action by a creditor I said "Well if you are being attacked by your creditors, you will soon have a lot of other creditors suing and I think it is quite time I should begin to look after myself"—I had heard that Mrs. Beierley had threatened to make him a

bankrupt; I thought I would do it myself, and I said, "As I am the largest creditor, I shall certainly do so"—it was then proposed jointly that Mrs. Brierley should join with me in the bill of sale, and that I should act as her trustee—I did not know of any pressure by other creditors, and immediately I heard about Venables I called upon him—I heard about Venables the day after the bill of sale was registered—I had not been requested to call, but I did so to give them notice that I held the bill of sale, and to save the annoyance of having an execution on the premises, and of my having to contest the bill of sale, and also to save them the expense of going on uselessly with the proceedings—they put in an execution, and I claimed the goods under the bill of sale—the Sheriff issued an interpleader summons, and I paid the money under protest, but abandoned it afterwards as it was a small amount, because I knew if I contested it the execution creditor would try to upset the bill of sale—Lyndhurst's was the first execution—on Messrs. Adams's claim an order was made to try issue on my finding security for 60l., which I could not do in consequence of Moseley's evidence before the Magistrates, as it reflected upon my character—the money was to be paid into Court as security, and I did not feel disposed to pay it myself, as I thought I had lost enough.

Re-examined. The goods were sold for 55l.—Moseley said these cheques were drawn by Kirby in my favour, and that he owed me nothing—when we were talking about the partnership it oozed out that Kirby owed me money, and Moseley said to me, "Why, Mr. Kirby said he did not owe you a farthing"—I said, "I will show you that one day," and a day or two after, while Kirby was out, I had the cheques and pass-book with me, and showed these cheques to Moseley—he looked at them and said, "Well, of all the liars that ever God sent upon the earth, I have never heard a greater liar than Kirby."

EMMA BRIERLEY . I am a widow, and live on my own property at 157, Bridge Street East, Mile End—I have known Kirby seven or eight years; he and my late husband were friends—on 4th March, 1879, he came to me and said he wanted 60l. to pay by 12 o'clock—I said, "I do not know whether I have got as much as that; I will see, and if I have I will let you have it"—I got it, and counted it over to him in gold—he said I should have it in a few days, and gave me this cheque (produced)—he said he was going to put his lease away, and he should get 60l. on it, and should only want the money for a few days—he did not say anything about having an account at the bank—my daughter was present—I had the money by me—the cheque is dated 7th March, the day I was to apply for the money—I did not take it to the bank, and on the 7th or 8th he called and said he was very sorry, but they would not allow him any money on the lease—he said he was going to get 100l. from where he insured his life, and then I should have it—I hold his policy (produced) as security for the 60l

Cross-examined. I did not hesitate to lend it him as a friend for a few days without security—he gave me the cheque at the time, and then came to toll me not to present it as lie could not pay it—I have never had the money, and about the end of July I told him I should take proceedings, because he kept putting me off—I did not tell him the security I required—I did not see Mr. Briton till afterwards, and he did not suggest a bill of sale to me in my presence.

Re-examined. I wanted security, and began to press him at the end of July, and the result was I joined in this bill of sale—I became possessed of the policy in June, before I pressed him for security—he hoped to get 100l. from the insurance office, but he said the gentleman (Mr. Pavet) who was to be his surety withdrew, and it fell through.

BERTHA BRIERLKY . I am the daughter of the last witness—on 4th March Kirby came to our house in the morning, and I heard him ask my mother for 60l.—she said she did not think she had as much as that in the house, but she would see—I have been out of Court all the time she was examined—she went upstairs and brought down 60l. in gold, and counted it out on the table to him, and he took up the money and put it in his pocket—he then took a cheque out and gave it to my mother, and said it was to be paid on the following Friday—he came on the 7th and told my mother he could not get the 100l. that he said he was going to get—I do not remember his saying from what place—he said the gentleman, Mr. Pavit, had given it up—I do not know Mr. Pavit, and Kirby did not say where Mr. Pavit was.

Cross-examined. Moseley did not pay his addresses to me.

THOMAS BAILEY SUTTON . I am inspector of agents to the General Life Office, 62, King William Street—this policy (produced) is issued by my office, dated 11th June, 1879, for 200l. on Kirby's life—this (produced) is an extract of the minutes from the office, and I saw it copied—Kirby applied for a loan, and it was agreed to by the Board, provided the sureties were satisfactory—we require three sureties, and one of them withdrew—I do not know his name—everything was right but that, and we were ready to advance him the 100l


OLD COURT.—Saturday, October 25th, 1879.

Before Mr. Justice Hawkins.

Reference Number: t18791020-932

932. ADOLPHUS ROSENBERG (27) was indicted for unlawfully publishing certain false and defamatory libels, in a newspaper called Town Talk, of and concerning Edward Langtry and his wife, well knowing them to be false.

The Defendant PLEADED GUILTY to publishing the libels, but not to knowing them to be false, upon which the Jury were sworn to try that issue.


Prosecuted; MR. WILLIS, Q.C., with MR. J. P. GRAIN Defended.

A certificate of the registration of the paper was put in dated April 4,1879, the name and address of the publisher and proprietor being Adolphus Rosenberg, 4, Ludgate Circus Buildings, and 107, Brixton Rood.

GEORGE DREWITT . I am managing clerk to Mr. Edward Lewis, solicitor, of 52, Old Broad Street—on Wednesday, 8th October, after purchasing a copy of Town Talk at the office I inquired for Mr. Bosenberg—he came from a group of three or four others in the same room in which I purchased the copy—I said, "Are you Mr. Bosenberg?"—he said "Yes"—I said, "Are you the publisher of this paper?" referring to the imprint at the bottom of the number that I had bought, dated 4th October—he Said, "Yes, I am; what is it, is it an action for libel?"—I said, "I really cannot say what it is"—he laughed at me, and appeared particularly pleased, and said, "I don't care if it is five or six"—I replied, "Very well," and left.

The alleged libels were as follows: On 30th August, "A petition has been filed in the Divorce Court by Mr. Langtry. H.R. H. the Prince of Wales and two other gentlemeu, whose names up to the time of going to press we have not been enabled to learn, are mentioned as co-respondents. We have been informed that H.R.H. the Prince of Wales and Lord Lonsdale and Lord Londesborough are the co-respondents in the suit." On 7th September, "No attempt has been made to contradict the statement published in these columns last week as to the Langtry divorce case; and my readers may be assured that it was no invention. I now learn that a few weeks ago an application was made that the case be tried in camera, and I believe the learned judge acceded to the request." On 13th September, "I am informed that the Langtry divorce case will be one of the first tried when the Court reopens in November. It has been finally decided to try the case in camera, and so scandal-mongers will be deprived of a fine opportunity. Mrs. Langtry has, I understand, filed an answer denying the adultery, and as far as I can learn the petitioner will find it exceedingly difficult to make good his case. Anyhow at present I will give no opinion either of the petition or the defence. Of course there will be a great outcry against the case being tried privately, but I don't see why any one need be dissatisfied, especially as the details are not likely to be creditable to us as a nation. I don't care about being more explicit." On 20th September, "I am informed that the Home Secretary has warned managers of the music-halls against allowing comic singers making any reference to the Langtry divorce case. The press has always, of its own account, refrained from commenting on cases while they are sub judice; now, comic singers will be compelled to hold their tongues." On 27th September, "Labby says in Truth he read in a 'French paper' that Mr. Langtry is petitioning for a divoice from his wife. Why doesn't Labby tell the truth, and say he read it in Town Talk? He furthermore says there is no truth in the statement. Let me tell him there is none in his. If Labby will take the trouble to go to Scmerset House he will be able no doubt to see the petition. If he doesn't care to bother himself so much as that, let him ask their lordships, Londesborough and Lonsdale." "Jenkins, of the Nurdin and Peacock Review, says he looked through the list of causes set down for hearing in the Divorce Court, and he didn't see the case of 'Langtry v. Langtry.' Of course not, you dunderheaded idiot. The case is to be tried privately, an application for hearing it in camera having been made and consented to as far back as January last." On 8th October, "I am now informed, on authority which I have no reason to doubt, that Mr. Langtry has withdrawn the petition which he had filed in the Divorce Court. The case of 'Langtry v. Langtry and Others' is, therefore, finally disposed of, and we have probably heard the last of it. It is useless for the sixpenny twaddlers to deny that Mr. Langtry ever filed a petition. He did, and, as I have said before, an application was made to Sir James Hannen to hear it privately, and he consented. I am told also that it is not at all unlikely that Mr. Langtry will shortly be appointed to some diplomatic post abroad. It is not stated whether his beautiful consort will accompany him."

EDWARD LANOTEY I am a private gentleman living at 17, Norfolk Street, Park Lane—I am married—I have heard the libels read—there is not one single word of truth in them—I never presented a petition in

the Divorce Court, or ever thought of it—I have always lived on term* of affection with my wife—I am living with her at Norfolk Street at the present moment—I have the honour of knowing H.R.H. the Prince of Wales and the Priocess of Wales—I do not remember ever having seen Lord Londesborough, and I know that my wife has not—I have met Lord Lonsdale once at dinner, and I think I spoke two or three words to him; that is all—my wife does not know him; she met him at dinner, but she was never introduced—there is not one word of truth in my having been offered a diplomatic appointment; it it a tissue of falsehood altogether.

JOHN LAW . I am a newsvendor, of 16, Gate Street, Lincoln's Inn Fields—these two pink placards (produced, headed "Town Talk") were seat to me; I received them with the weekly issue of Town Talk from the office itself.

Cross-examined. I continued to sell the paper up to the week before last.

GUILTY .— Eighteen Months' Imprisonment.

The Defendant woe also charged on two other indictments with publishing false and defamatory libels of and concerning Mrs. Cornwallis West and Lord Londesborough, as to both of which he

PLEADED GUILTY to publishing the libels, not knowing them to be false. Upon each of these charges he was sentenced to Six Months' Imprisonment, to be concurrent with the previous sentence.

Reference Number: t18791020-933

933. WILLIAM WILFRED HEAD and HENRY ROBERT MARK PLEADED GUILTY to unlawfully printing and publishing the said libels.

To enter into their own recognisance in 1,000l. to appear and receive judgment if called upon.

NEW COURT.—Saturday, October 25th, 1879.

Before Mr. Recorder.

Reference Number: t18791020-934

934. JOHN HALL (69) and JAMES MARSHALL (47) , Forging and littering a request for the delivery of two pieces of silk, with intent to defraud.

MR. BESLEY Prosecuted; MR. FRITH appeared for Hall.

After the commencement of the case the prisoners stated that they were

GUILTY , and the Jury found that verdict.

Twelve Months' Imprisonment each.

Reference Number: t18791020-935

935. WILLAM HALL (62) was again indicted (see page 697) for stealing two pairs of scales, two metal weights, a pipe, and a cape, the property of Edward Stephenson.

MR. WILMOT Prosecuted; MR. GILL Defended.

EDWARD STEPHENSON . I am a corn-factor, in partnership with my son, at 5, Muscovy Court, City—on 25th July I went there at 10 o'clock, and went in and out in the course of the day, and fastened the door with the latch, having a latch-key—no person can get in without a key—when I came in at 3.30 I missed a chronometer which had been fastened against the wall, also my coat, which was hanging up, and two sets of letter scales—I have no doubt that they were there in the former part of the day—I made a complaint at the station, and some days afterwards saw these scales produced at Seething Lane Station—one of the half-ounce weights was

missing, and was found in the office; this is it—I know the scales because one of the feet had been loose a long time; this weight fits into its place—I have not seen the other articles.

Cross-examined, I have three rooms; they are on the first floor—then is only one door—my two sons and I also use the office—no lighterman uses it, no strangers used it—no violence was used, the door was opened by the key—I had left it between 12' and 2 o'clock—there are other office below—the housekeeper has charge of the house—I have not said since the committal that I should not like to pledge my oath to a set of scales—another set of scales were shown me at the police-office, but they were not mine.

ANNE OAKES . I am housekeeper at Mr. Stevenson's office, and hale cleaned it for 18 months—I know the articles in it pretty well—I have seen these scales there—on the Saturday afternoon when I was cleaning the office, I found a small weight like this on the desk, and put it on one of the shelves—I also missed another pair of scales with flat weights, a brass clock, and a meerschaum pipe—I am quite positive about these scales.

Cross-examined. The key is left in No. 3 letter-box, and when Mr. Stevenson's son comes to the office first he calls for it—it would be in hit possession during the day—there are two keys tied together; one is the latch-key and the other the house-key—Mr. Key, a lighterman, has beta in the habit of going into the office—he would take the key out of the letter-box or ask me for it—I swore before the Magistrate that Mr. Stevenson's son came to me for the key on the morning of the 25th about the usual time, but that was a mistake, it was left in the letter-box—I know now that Mr. Stevenson's son was not there on the 25th.

ALFRED HOWARD . I am a coffee dealer, of 4, Water Lane—the prisoner is also a coffee dealer—I have known him a number of years—I went to his shop with Mr. Heath the last Saturday or the last but one in July—he has a small place on the basement, one room divided off—we had some conversation outside on the pavement, and the prisoner said "Come, before you go let us do some business together; will you buy a clock or a coat or scales t"—Heath said "No, they are not in my line"—he then said to me "Howard, will you buy the scales?"—I said "No, I have no use for them"—he said "I will sell them to you cheap"—I said "They are positively useless to me"—he said that it was useless showing me the coat, because it would be three or four inches too short for me in the sleeves—these are not the scales he showed me; it was a much better set—I did not notice that a weight was missing, but he said "There is a weight short which would cost about ls. 6d.," and he took the scales to an optician and came back—he also offered me a clock, but I did not see it—I said "What extraordinary articles for you to offer me for sale? Are you going to open a secondhand furniture shop?"—Hall said "Or a chandler's shop; it seems something like it," and we left together.

Cross-examined. I buy tea occasionally, and cocoa as well as coffee—I attend rummage sales, but never bought anything there—the prisoner's office is divided into two, and there are two entrances—I have been there three or four times—I do not know whether there is another name, Mr. Hurrell's, over the door—Mr. Hurrell was there, but not near enough to hear—an old man named Freeman was also there—this all took place in the open street—he brought the scales out in his hand—I did not walk with him to the optician's shop, but I saw him go in with the scales he

had offered me—he had not then been into bis office again—the scales we: much better than these—if there was anything wrong about them he would not be likely to offer them to me—he never said that he had been asked to sell these things, nor have I ever said so.

Re-examined. They seemed to be perfect—they were larger than these and this portion was flat and had one ounce and half-ounce engraved on it—I attend rummage sales—I scarcely think there is any article you can mention that is not bought there.

FREDERICK LAWLEY (City Detective Officer). I searched the prisoner's place, which is on the ground floor and opens into the street—I did not see him when I first went there I found this set of scales—one of the weight was missing and one foot was off, which was found in the drawer of a deal under a lot of sacks—Mrs. Oakes handed me this weight—Mr. Stephenson's offices are about five minutes' walk from the prisoner's shop—I took the prisoner on 29th July, about four days after the things were missed, and charged him with receiving two bags of coffee—he gave me no account 01 the scales.

Cross-examined. He has been tried for receiving the coffee and acquitted—he was never asked about the scales—I did not find a mackintosh there—I found another pair of scales, and took them to the station and showed them to Mr. Stephenson—I have known Howard some years—I do not think he buys anything but coffee and tea—I have not known him buy things at rummage sales.


Reference Number: t18791020-936

936. SOPHIE BLASER (20) and WILLIAM THOMAS THORNTON (21) , Stealing 13l., 10l., 5l., 6l., a ring, and a pair of stockings, of Thomas Rhodes Armitage, the master of Blaser.

MR. GILL Prosecuted.

THOMAS RHODES ARMITAGE , M.D. I live at 33, Cambridge Street—on 24th September I went to my bankers, Brown, Janson, and Co., and cashed a cheque for 50l. for Mrs. Armitage—I received nine 5l. Bank of England notes and five sovereigns—I counted them, put an elastic band round them, and gave them to Mis. Armitage about 6 o'clock, just before dinner—later in the day, in consequence of something she said to me, I again counted the notes, and found that the outside one, 43163, was missing—I cashed a cheque for myself at the same time, and got. some five notes, commencing 43164—on 29th September I went up to Blaser's room and said "Did you take a 5l. note cat of Mrs. Armitage's drawer?"—she said "I did not"—I said "We are tolerably sure you did, and you had better confess without further delay"—after a little delay she went to the wardrobe, got on a chair, reached up to the top and after a little fumbling produced this note, 43157—she said something, after which I searched the top of the wardrobe and found a purse containing two sovereigns, 7s. 3d. in silver, and a silver locket—the purse was open—I then searched the top of the wardrobe again and found another sovereign.

Cross-examined by Blaser. I said "You have taken some money; you cannot deny it because we know it is you; if you tell the truth we will let you off, if not we will put you into the hands of the police"

Re-examined. I said that I would let her off if she told all the troth, but she only produced one 5l. note; I found the other things myself.

HARRIET ARMITAGE . I am the wife of the last witness—I engaged Blaser on 16th December as a maid for my daughter at 18l. a year—she told me that she came from Paris, where she had been in service, and that she had never been in England, and could not speak English—after she had been a short time in my employ I was astonished at the progress she made in English, and spoke to her about it, and she repeated that she bad never been in England before—she said in the summer that she wished to go out with a young man—I said that I would hear nothing about it till she had written to her parents, and then I would tell her—she afterwards produced a letter in French; I desired her to read it to my husband, and afterwards gave her permission to go out once a fortnight on Sunday after—noons—in July I missed from my davenport 5l.—shortly after that I went to Ireland and returned about 16th September—on 17th September I placed some money in a cash box and put it in my davenport, and between the 18th and 20th I missed a 10l. note and a sovereign, but had no suspicion as to any individual—on 21st September I noticed that Blaser was wearing a pair of silk stockings which I believed to be mine—I afterwards learned that Thornton was in the habit of coming down the area steps in the evening to see Blaser—on 24th September I gave my husband a cheque for 50l. to cash for me, and when he returned he gave me a roll of notes in an elastic band, and five sovereigns—I put them in a little hand bag and left them in the drawing room before I went to dinner, and after dinner I counted them and missed a 5l. note.—on 25th September I got my husband's secretary to mark five sovereigns for me, and they were placed in a cash-box with three 5l. notes, Nos. 43155, 43156, and 43157, which I put in my davenport, which was locked—the key was not in it—on 29th September I went out about 2.30 p.m., the money was then safe; I returned between 4 and 5 o'clock, went to the cash-box, and missed note 43157 and one of the sovereigns—I spoke to my husband; we both went up to the prisoner's room and she produced the missing note—I saw my husband search the top of the wardrobe and find a purse, in which was one of the marked sovereigns—I afterwards searched my jewel case and missed this pearl ring (produced)—I have also been shown a pair of stockings and a thimble case which are mine.

Cross-examined by Blaser. I intended to lock the davenport and I believe I did.

GEORGE ROBERT BOYLE . I am private secretary to Dr. Armitage—on the afternoon of 5th September I marked five sovereigns with my initials, and saw Mrs. Armitage place them in the davenport with the notes—this is one of the sovereigns, it has "G. R. B." on it—I was present when Thornton was given in custody—Dr. Armitage asked him if he had a box belonging to Sophie Blazer, he said "No"—Dr. Armitage said "But you have, have you not?"—he said "Yes"—Dr. Armitage said "Where is it, is it here?" he said "No"—Dr. Armitage said "Where is it then?"—he said "Well, I can't tell you"—Dr. Armitage then told me to call in a detective.

Cross-examined by Thornton. Dr. Armitage may have said "Have you received any money lately from Sophie?"—I did not hear him say "You had better tell me all you know about it"—you said "Sophie Blaser gave me last summer 16l."

Thornton. Dr. Armitage said "Did she tell you where the money came

from?" I said "Yes, from a friend in Westmoreland, and she asked me to put it iu the bank for her."

MARY CORBETT . I am the wife of John Corbett, a coachman, in the employ of Dr. Turner, of Sussex Gardens—we live in Balhurst Mews—on 4th September the prisoner spoke to me through the speaking tube, and said "If I send a box round will you take care of it for me?"—I said "Yes"—a new empty box arrived the same day, and it was put down in the coachhouse—after that a parcel came, a black dress from a milliner's, I took it out and put it in my room—Thornton came round in the evening and I gave him the dress and the key of the box; he put the dress in the box, locked it, and took the key away—he came again between 9 and 10 p.m. with a parcel tied up in a waterproof coat, which be opened, put the contents in the box, locked it, and took the key—he came again next evening with another dress, and put it in the box—he came on Friday, the 26th, and asked if a parcel had come for him, but there was nothing—on the 27th he brought something, I think in a bonnet box, opened the box and put it in—on Sunday evening he brought a very heavy cardboard box and another parcel—the box was given to the police.

ISABELLA SHARP . I am assistant to Mr. Howton, a milliner, of 208, Edgware Road—on 24th September, Blaser I believe came and bought a bonnet like this; she paid with a l. note, I don't know the number; I gave her three sovereigns and two shillings change.

CATHERINE DAVIS . I am cook to Dr. Turner, of 9, Sussex Gardens—Thornton was footman there—after he was taken in custody I found these two letters in his room—he once asked me to take in some tea and sugar.

Cross-examined by Thornton. The letters were in your box with other pieces of paper—I remember your having some money and telling me you had it from Sophie Blaser, and that it came from her friends in Westmoreland—I asked you if she got it honestly, and you said yes, you had seen the letter in French, but could not read it—you went and put it into the bank next morning—I have left 20l. with you to pay a bill and you paid it; the bill was receipted.

Re-examined. He did not show me the money, but I saw it through the pantry window; there were two or three notes—I do not know whether there were four—I cannot say that he was spending money on himself; I saw very little of him.

EATON (Detective E). On the afternoon of 30th September I went to Dr. Turner's with Dr. Armitage and saw Thornton—I said "I shall take you in custody for receiving certain sums of money from Sophie Blaser"—he said "Yes, here is 13l. which she gave me," and handed me this paper with two 5l. notes and 3l. in gold—he said to Dr. Armitage "She gave me 16l. which I placed in the Post-office Savings Bank about eight months ago"—he said he became acquainted with her in Hampshire when she was in the service of Hugh Campbell.

HENRY DAVIS (Police Sergeant D). I took Blaser, and told her she would be charged with stealing 5l. and other money on or about 25th September from her master Dr. Armitage; she made no answer—I opened a box found in the stable, and found in it two rings, a pair of stockings, a piece of lace, an ivory ring, this little box, and this bonnet—Mrs. Armitage identified them.

Blaser's Defence. He said "We will let you go if you tell all; if not we will put you into the hands of the police." I told her many times I wanted to go. The young man knows nothing about it. I told him the money was my own. He did not know I took it I gave him the box, and told him I wanted to run away. I was quite sick of them, and they would not accept my notice.

HARRIET ABMITAGE (Re-examined). She was not under notice; she wanted to go to Australia, but I would not let her go unknown to her father and mother.

Thornton produced a written defence, stating that he was quite innocent; that Blaser informed him in June or July that her grandmother in Switzerland was dead, and had left her 600 francs, and afterwards gave him a 5l. note and 6l. in gold as part of the money, asking him to put it in the bank in his own name, as she was going to Ireland with Dr. and Mrs. Armitage, and he could draw it out for her if she required it; that he invested 15l. of it in the Post-office Savings Bank, London Street, Paddington, next morning; and that he borrowed the 1l. of her as well as 2l. since; that when Blaser sent the box to him, and proposed going to America, he put it in the stable, ask had no room for it; and that he put the different parcels into it by her direction.

BLASER— GUILTY. Recommended to mercy by the Jury and Prosecutor. Six Months' Imprisonment.


Reference Number: t18791020-937

937. MAURICE LEVY (36) , Stealing 12 yards of cloth of Thomas Ship Hall.


HENRY TAYLOR . I am 14 years old—in August this year I was in Mr. Hill's employ, a tailor, on Finsbury Pavement—one day in August I was passing the prisoner's shop, and saw some boys there selling canvas—I looked at them, and Levy spoke to me outside the shop, and said "Have you anything to sell?"—I had a parcel with me—I said "No"—he said "You work at a tailor's"—I said "Yes"—he said "Can you get any cloth?"—I said "I will see"—he said "Bring as much as you can; I will give you a good price for it"—next day I took about two yards of cloth from my master, and took it to Levy, who gave me 9d. for it—three days afterwards I took him two more yards, and sold them for the same price—it was similar cloth to this (Selecting two pairs of trousers)—I afterwards took two more pieces, one about a yard and the other three-quarters, and he gave me 18d. for the two—these trousers (produced) are similar to the cloth I took on the third occasion—on Wednesday, the 27th, I took Levy about two yards of cloth, which he gave me 9d. for, and on the 28th two yards more, and sold it for 9d.—he told me on that day that if I knew anybody else who had got anything to sell, he would give them a good price for it—he never asked where I got it.

Cross-examined. I stopped at the shop first because I saw some buttons in the window, and then I saw the boys in the shop—I was not a perfectly innocent boy up to that time; I had taken things from my father, but not more than once—I do not know how long ago it was—I took some money from his desk; it was silver, I cannot remember how much—he would not allow me to go there again, and I went home—the prisoner was a perfect stranger to me—I was taken in custody and let go—no promise was made to me.

THOMAS SHIP HILL . I am a tailor, of 2, Finsbury Pavement—Taylor was my errand-boy—my suspicions were aroused, and on 1st or 2nd Sept. I went with detectives Reed and Smith and the boy to Levy's shop, 8, Artillery Street, Bishopsgate—he is a piece-broker and dealer in trimmings—Staith asked Levy if he knew the boy—he said "No;" the boy said "You do"—Smith said "We have come respecting some cloth which the boy says he sold here"—Levy said that he had not bought any cloth—he went upstairs, and Smith followed him, and I went up after Smith to the first floor, and saw Smith pull some things out of a cupboard, among which were these trousers and waistcoats—I positively identify the cloth of which they are made as having been in my stock, and I have some of it now here—I bad missed it three weeks or a month previously—it is worth 3s. 4d. and 3s. 6d. a yard.

Cross-examined. My cloth was in the piece—cloth of this description is supplied to thousands of persons—I have had it for the last four years—I doubt your being able to got it at Kino's, because they send it out too sharp.

Re-examined. It is not now in fashion—it was in consequence of what Taylor told me that I went to Levy's shop.

FRANCIS SMITH (City Detective). On 2nd September I went with Mr. Hill, and the boy Taylor, and Heed, to the prisoner's shop, and asked him if be knew Taylor—he said "I do not"—I asked him to produce the cloth he bought of Taylor during the last month—he took the work he was doing and went upstairs—I followed him in about three minutes and found him on the first floor—I asked him if he was going to find the cloth—he said that he had not bought any, he was never in the shop, his wife was in the shop—I looked in the cupboard and found these two pairs of trousers and a waistcoat under some old rubbish—Mr. Hill said "That is my property I will swear"—I asked Levy if he could account for it—he hesitated about five minutes and then said "I bought it in a shop in Whitechapel Bead"—I said "Can you tell me what shop?" and he said "No"—I said "You will have to come with me."

Cross-examined. He mumbled something to himself when he went upstairs, but I do not know what—he said that he had not bought any cloth.

GEROGE REED (City Detective). I was with Smith and remained downstairs and searched the shop—I found on a shelf this piece of cloth, which Mr. Hill identified, and the prisoner said "I may have bought that with some other pieces, that is all I know."

Witnesses for the Defence.

ELLEN STOOKWELL . I have been in the prisoner's service nine years—his wife attends in the shop to the buying and selling—she was ill in bed on the day before he was taken, and he attended to the shop part of the day, and his son, who is 14 or 15, the rest of the day—he was not in the shop at all previous to his being taken in custody, he was upstairs attending to his work—he is a tailor and works upstairs—I was present when the police took two pairs of trousers and a waistcoat from a cupboard where the boy's clothes are kept—one pair of trousers and the waistcoat had been worn by the prisoner's son—I have seen a man named Gold—I remember Mr. Levy bringing home two pairs of trousers and a waistcoat at the beginning of the summer.

MOSES AARON GOLD . I am a clothier and outfitter, of 430, Mile End Road—I have been two years in London and five years in Birmingham—

I know the prisoner by sight as a customer—about six months ago I sold him two pairs of trousers and two waistcoats, ready made—I believe these are them, but there was another waistcoat—this is a common sort of material used in outfitters shops—I have had some in stock for three years, and I believe I brought it up from the country—it is rather an old-fashioned pattern.

Cross-examined. The pattern is modern—when I said it was old-fashioned I thought "modern" meant old-fashioned—I put a ticket on them, but it is not there now—I know them by the pattern and the cut—the pattern is very common, you can see it in every shop.

The prisoner received a good character.


THIRD COURT.—Saturday, October 25th, 1879.

Before Mr. Common Serjeant.

Reference Number: t18791020-938

938. ANNIE HARVEY (24) and ANNIE UNDERWOOD (28) , Robbery with violence on Louisa Davis, and stealing from her person 4s. 9d., her money.

MR. THORNE COLE Prosecuted.

LOUISA DAVIS . I live at 23, Drummond Street, Euston Square—on Tuesday, 23rd September, I was in the Skinners' Arms, Judd Street, with Jane Carter between 9 and 10 o'clock, and saw the prisoners there—I knew them by sight—Harvey walked over and deliberately struck Carter on her nose, making it bleed—the barman came over the bar and turned the prisoners out—I followed, and in the street the prisoners assaulted me and knocked me down, and Underwood put her hand in my right-hand pocket—I got hold of her hand—I had two florins and a sixpence there—I had pulled my money out in the public-house to pay for drink, and the prisoners had an opportunity of seeing it—her hand was closed when I seized it, as it was being withdrawn from my pocket—I then missed my money and they ran away—about 11.15 p.m. on 28th September, while passing St. Pancras Church, Euston Road, the prisoners came behind me and struck me on the back of my head and said "I'll allow you to put detectives on me," and they took off my bonnet and carried it away—on the next Monday they came dancing before me and I went over to a policeman and gave them in custody—they ran away, but the detective secured them—I was injured on the back of my head on the 23rd, and had it bandaged up at the hospital, and I had two black eyes—I was perfectly sober.

Cross-examined by Underwood. Harvey took the money out of my pocket and you said "It is in her right-hand pocket."

JOSEPH KEEN . I am barman at the Skinners' Arms, Judd Street—on Tuesday, 23rd September, between 9 and 10 p.m., Davis was standing at the bar drinking with another female, when the prisoners walked into the house and Harvey walked deliberately up to her and struck her friend with her fist—I jumped over the bar and turned the prisoners out—Harvey tried to force her way in afterwards, using disgusting language—I got her away and Davis and her friend walked out.

Cross-examined by Underwood. You were in the house during the disturbance, but did not strike her.

JOHN CARTER (Policeman E 394). I was on duty in Judd Street about 11.30 p.m. on 29th September, with Detective Wilson, when Davis came to

me and pointed out the two prisoners—she said "I want them for stealing 4s. 6d. out of her pocket and assaulting her in the Skinners' Anns on the 23rd"—Wilson ran after them and stopped them some distance up the road—when I came lip I said "I shall take you in custody for stealing 4s. 6d. and assaulting Louisa Davis on the night of the 23rd"—Harvey said "We don't deny the knowledge of the assault, but as for the robbery, we know nothing about it"—we went to the station, and they were very violent—Underwood said "I was not at the house that night."

Cross-examined. You did not say "I was not there when they were fighting," you said you were not at the house.

HARVEY'S DEFENCE . The commencement of the row was about a young man. Louisa Birdges—she is not named Davis—was drinking with him, and I went in and asked her what she meant, and she used bad language and I struck her. We had another fight in the Euston Road. I know nothing of the robbery. Every time she sees me go away with a man she comes and asks me for 2 1/2 d. for rum. The girls are all frightened at her. She has had nine months, and is living with a returned convict.

Underwoood's Dafence. I was with her when she went in and saw them commence quarreling, and tried to get Harvey away. I walked to the door directly the barman ordered us out. I only saw one blow struck, and was not there when they were fighting.


OLD COURT.—Monday, October 27th, 1879.

Before Mr. Justice Hawkins.

Reference Number: t18791020-939

939. NACHSON GULDESMAN (48) , Feloniously and without lawful excuse having iu his posseasion 10 papers, upon which were engraved certain foreign under takings for the payment 10 roubles of the Empire of Russia.


GEORGU GREENHAM (Police Inspector). In September last I received instructions from the Russian Embassy, and in consequence placed myself in communication with the witness Solomon Barisoff—I found him living at 17, Hendon Street, Pimlico I had frequent communication with him—on 23rd September an agent of the Russian Government, nrnned Hiel Goldfarb, came over 'o this country, and I took some rooms for him at 67, Warwick Street, Pimlico; from that time he and Barisoff acted under my direction—in company with Inspector Dowdell I kept observation on those rooms in Warwick Street—I saw the prisoner come there on Sunday, 28th September, with Barisoff—Goldfarb was in his room at the time—I saw the prisoner leave on that occasion—I saw him again on Tuesday, 30th September, about 11 o'clock, he came alone—I saw him go to therooms—Barisoff and Gold, farb were both in the room I had previously received a communication from Barisoff—prior to the prisoner coming on the 30th I had searched Barisoff and Goldfarb, and also the room—there were no Russian notes about them, or in the room—I paw the prisoner leave—directly after he had left I received two notes from Goldfarb; he came to our room, which was an adjoining room—I initialled the notes at the time, and produce them; one is a Russian 10 rouble note, and the other a 25 rouble note—they are forgeries—next morning, Wednesday, 1st October, I saw the

prisoner again; he came alone—Goldfarb and Barisoff were both in the room—I had searched them and the room before the prisoners came; there were no Russian notes about them or in the room—Barisoff went away soon after and I and Dowdell when into the room; the prisoner and Goldfarb were there—I went up to the prisoner, and told him we were police officers, and we should arrest him on suspicion of having forged rouble notes in his possession—I searched him—he put his hand on his coat—I said "Let me see what you have got," and inside his coat pocket found this envelope containing 10 forged Russian 25 rouble notes—the envelope was open—he then fainted—on coming to he said, pointing to Goldfarb, "He gave me the notes to change for gold"—I saw a packet of notes on the dressing table, and saw Dowdell take them up—I took him to the station, and charged him with being found in possession of forged Russian rouble notes—he said "I had no notes in my possession, and I did not know that they were forged."

Cross-examined. I first got information from Mr. Vincent, the director of the Criminal Investigation Department—in consequence of something he said I went to the Embassy, and saw Barisoff there—I had never seen him before—I searched him on these occasions, not because I distrusted him, but to be sure that no trickery should be played by any body, to prevent the prisoner afterwards saying that he had planted these things on him.

JOHN DOWDELL . I am one of the inspectors of the Criminal Investigation Department—I have been acting in this matter with Greenham—after the arrival of Mr. Goldfarb in this country I kept watch in Warwick Street—I have seen the prisoner go there from time to time—on Wednesday, 1st October, I was in an adjoining room there with Greenham—we went into the room, and found the prisoner and Goldfarb there together—on the dressing-table I found these ten 25 forged Russian rouble notes—I saw Greenham take these ten notes from the prisoner's coat pocket.

SOLOMON BARISOFF . In July last I was living at 17, Hendon Street, Pimlico—I rented the shop and parlour of the prisoner, and carried on business as a fancy dealer and frame maker—the prisoner lived in the house, and carried on the business of a photographer—we are both Russians—some few weeks back I told him I thought of leaving, as I made very bad business—he said he had a very good business in bis hands—I asked what it was—he said false Russian notes—he asked me to write to my friends at St. Petersburg!)—he afterwards gave me two Russian notes, one for 26 roubles, and one for 10, to send to my friend as specimens—I took them to the Russian Embassy, and after that acted under the directions of the police—Mr. Goldfarb arrived from St. Petersburg in the name of Greeman—I introduced the prisoner to him—we met at Goldfarb's rooms in Warwick Street at different times, and the police came, and took the prisoner into custody.

Cross-examined. I have been in England about three years—I left Russia because I was charged with bribery, and sentenced to 18 months' imprisonment—I absconded from my bail; if I go back I must take my 18 months perhaps I may go back without doing the 18 months, by giving information to the Russian Government—I lived in the prisoner's house for 18 months—it was about two months before this happened that he spoke to me about false Russian notes—I went to the Embassy about two days after he first showed me the notes—he said it was the only business by which he could make money.

The prisoner here stated that he would PLEAD GUILTY, and the Jury upon that found him

GUILTY . He received a good character.— Five Years' Penal Servitude.

Reference Number: t18791020-940

940. JOHN DODMAN (40) , Stealing six table forks and other articles of Augusta Elizabeth Curtis his mistress in her dwelling-house, to which he


Reference Number: t18791020-941

941. JOHN DODMAN was again indicted for feloniously setting fire to the dwelling-house of Augusta Elizabeth Curtis, she and other persons being therein.


AUGUSTA ELIZABETH CURTIS .I am a widow living at 35, Rutland Gate—the prisoner was in my employment as butler—he came into my employment in October, 1873—he is a married man—I had given him warning previous to this, but retained him in my service—he lived in the house, and slept in the butler's pantry—in February last, in consequence of certain matters that came to my knowledge, I went over my plate—I read over the articles from a book, and the prisoner checked them, and from what he said I believed that it was all right—I again gave him notice, and he was to leave on 11th October—on the night of the 10th we went to bed as usual, at 10 o'clock—my family consisted of myself, three daughters, and a niece, and there were four maid servants, and the prisoner—the servants waited tip for the prisoner—the dining-room is on the ground floor, the drawing-room over that, and over that my bedroom in front—between 12 and 1 o'clock on the morning of the 11th I heard my daughters moving over head, and got up and opened ray door, and was overpowered with smoke, which was coming quickly up the staircase—with great difficulty I managed to get downstairs—I could only get down by feeling for the bannisters—the smoke felt very stifling—I and my daughters went down into the street in our nightdresses—we were taken in at no. 33, a neighbour's house—directly after the fire I went through the plate, and compared it with the list that was supposed to be correct in February; it is incorrect now—I have missed a quantity of plate, worth from 30l. to 40l.—I have since seen a portion of it produced by the pawnbrokers, and identified it.

Cross-examined. I gave the prisoner notice in consequence of two of my family leaving, and intending to take a young married man.

MARY REDBURN . I am cook to Mrs. Curtis—I have been in her employment about a year and a half—about 11.15 on the night of the 10th I left the kitchen quite safe—the fire was nearly oat and the kitchen lights were out—the kitchen is in the basement on the same floor as the butler's pantry, where the prisoner slept (plan produced and explained)—I slept at the top of the house, in a room with two of the other servants, Brain and Proctor, and went to bed directly the prisoner came in at 11.15—I heard nothing till one of the young ladies came and called—I then found that the house was on fire—I got out into the street and went to a neighbour's—before going to bed I had left a clothes-horse with some linen on it about a yard from the fireplace—in the morning I found the clothes-horse very much burnt all over, and the linen was burnt that was on it—Proctor went up to bed with me, and Brain and Jane Swan, the other servant, had gone up before me—the prisoner was the only person left in the lower part

of the house—he was putting out the lights in the hall when I went tin, when I was called by the young ladies the other two servants were still in the room with me—I did not set light to the house—when I went to bed there was no smell or trace of fire at all—I went to bed directly, and had got to sleep.

Cross-examined. The clothes-horse is in three folds—there was linen all over it, put on to air—I did not put it on; it was put on about 10 o'clock that evening—it was all burnt—the linen was quite dry; they had cone from the wash; they were certainly not wet—there are two pieces of wood on which the dish covers are hung—I saw those after the tire—they were scorched and burnt—the glass of the kitchen door was very much broken—there is a wood closet, in which wood, waste paper, hampers, and box were kept—there are two cupboards underneath the stairs in the passage from the kitchen to the area door—they were scorched, and also the funlight over the door leading upstairs—it was not my duty to put out the kitchen tire before going to bed; it was nearly out; it was my duty to see that it was safe, to see that there was very little tire in the grate I make up the fire about 8.30, put cinders on, and it is not touched afterwards—the fire was not made up to air the clothes—they were left there all night for the purpose of airing, and there was tire in the grate then—I said at the police-court "It is a common thing to put on a few cinders an I what is in the ash-pan before going to bed when we are airing the things"—I did put them on—the kitchen table was not scorched at all—I went to my bedroom immediately after the prisoner came in that night and did not leave it again—I did not go into the kitchen after I had left the prisoner before the lights were put out—I put out the lights in the kitchen before I went to bed—the prisoner was putting out the lights in the front hall—I left the kitchen in darkness.

Re-examined. The kitchen Stove is a kitchener—it shuts in the fire by an iron door—there are two liars to it, through which you can see the fire—there was hardly any fire in it when I went to bed—there was a circular iron screen in front of the grate, about two and a half feet high—if anything had popped out of the fire the screen would intercept it—the screen is just as high as the stove.

ADELAIDE CURTIS . I live with my mother at 35, Rutland Gate—on the night of the 10th October I went to bed at 10 o'clock—as far as I know, when I went to bed the house was all right and safe—I slept alone in the second floor front room—my sister Gertrude awoke me, and I went down—the stairs were full of smoke—I got into the street, and went into a neighbour's house.

GERTRUDE CURTIS . I live with my mother—I went to bed at 10 o'clock on the 10th—I slept in the back room second floor—I was awoke by a noise in the street at the back—in consequence of that I went and called my sister and mother—I found the house was on fire—I took refuge in a neighbour's house.

GEORGINA TUFPNELL . I am niece to Mrs. Curtis, and was Staying there at this time—I went to bed about 10 o'clock on the 10th—I slept on the second floor, the same floor as my aunt—I was awoke by a noise at the back—I went downstairs with my aunt, and found the house on fire, and a quantity of smoke—I escaped into the street, and went into a neighbour's house.

GEORGE CURTIS . I went to bad at 10 o'clock on the 10th—I slept on the same floor as my sisters at the hack of the house—when I went to bed the house was all safe as far as I knew—I was awoke by bearing my sister go into my other sister's room—I escaped into a neighbour's house.

ELIZABETH PORTER . I am housemaid to Mrs. Curtis—I was awoke on the night of the 10th by one of the young ladies—I went downstairs with the rest—there was a deal of smoke in the house—I saw the prisoner in the hall—he had got a counterpane across his arms—he went upstairs and came down again—he left the counterpane in the front hall—I took it up, and a box of Bryant and May's matches fell from it—the counterpane was one which the prisoner used in his room, the pantry—this (produced) is it.

Cross-examined. I had been in the service about six months—I knew that the prisoner was under notice to leave—no servants have left since I have been there—I never heard the prisoner express any ill-feeling towards Mrs. Curtis or any of the family—he went about his work as usual, and did it as well as he did before he had the notice; as far as I could see, he did not appear to be the sort of person to bear a grudge—the clothes-horse was full of linen on this evening, from the top down to the ground—I have sometimes seen sparks fly out from the fire through the bars—it is the custom to leave the clothes before the fire every Friday night—I did not see the fire made up on this night after the clothes had been put there—the cook was usually the last person who made up the fire—I did not see her make it up on this night; we throw up cinders and ashes, not wood or paper—the prisoner kept the stuff to clean the plate with in a draw over the cupboard in the pantry—he had oil for the lamps in the pantry in a cupboard under the sink—after the fire a can full of oil was found there untouched.

Re-examined. There was an iron apron in front of the file—I have not seen sparks fly over that.

MATILDA BRAIN . I am kitchen-maid to Mrs. Curtis—I went to bed at 10 o'clock on the 10th—the house was all safe then as far as I knew—I was awoke by one of the young ladies—I found the house on fire and full of smoke when I came downstairs.

JANE SWAN . I am ladies' maid in Mrs. Curtis's family—I went up to bed about 10 on the 10th, and went to bed about 11—I was awoke by one of the young ladies—I found the house on fire—when I went to bed everything was safe and sound as far as I could see.

ANN CHESHAM . I live at 8, Ennismore Mews—about 9 o'clock on the evening of 10th October the prisoner left a box at my house, which is about 300 yards from Mrs. Curtis's—I subsequently gave it up to the sergeant.

JOHN BATES . I am a builder—I assisted to build these premises of Mrs. Curtis's—I made the plan produced—it is correct.

ROBERT STYLES . I am an officer in charge of the Fire Brigade station in Victoria Street—at 20 minutes past 12 on the morning of 11th October I received a call by telegraph from Knightsbridge Station—I went to Monpelier Row, which is immediately in the rear of Rutland Gate—I then went with the engine from the back to the front of 35, Rutland Gate—seeing the reflection of fire in the back basement, I went down the area steps—there was a policeman at the area grating—there had been two of our officers there before—I made an entry into the house by the area door; an officer knocked it in—on going into the basement I found a great deal of smoke, and also at the back part of the passage going from the area steps through

the door into the passage—I found a store cupboard well alight at the back part of the passage on the right hand side, and everything in it blazing—I believe there was a fanlight over that door—I saw the contents of that cup-board taken out afterwards—it consisted of brown paper, straw bottle-envelopes, a box, and some firewood—those were burning—while they were extinguishing those I went into the back kitchen—I saw some lire there close to the range—I found a clothes-horse with three compartments containing linen and wearing apparel, all, or nearly all, consumed—that was 17 or 18 feet from the wood-closet—there was nothing that I could see to connect those fires—I made a minute inspection to see if there could be any communication the one with the other, and I could not find anything—I then went into the pantry, and found a cupboard on fire; that was a distinct and separate fire—it was about 10 or 11 feet from the door—there was nothing else on fire there—the cupboard contained gallipots and bottles—the pantry door was not burnt, or charred, or blistered, neither inside or out—I examined a drawer in the back kitchen; it was tightly shut—I saw smoke issuing from the crevices; I pulled it open and found some woollen things alight in the drawer—that made four fires—there was nothing that I could see in any way to connect those four fires—I saw the prisoner in the pantry when the fire had been extinguished—he made no remark to me—I did not see him when I went into the house—when I saw all safe I went away.

Cross-examined. I did not notice any wooden rails in the kitchen to hang dish covers on—there were ulsters and servants' things hanging on the inside of the kitchen door, which were not scorched—the outer part of the kitchen door was scorched—there were two squares of the fanlight broken; I don't know whether that was by the heat; I have no doubt it was—there were some cupboards under the stairs, these doors were scorched, the paint was blistered—that did not show the passage of fire through the passage—I did not go upstairs—there are two windows in the back kitchen—I could not say whether they were cracked by the fire; I have no doubt the glass was cracked, I can't say, I did not look to see—there was a cupboard in the kitchen, the upper part of that door was scorched, it was open, the inside was not scorched, only the outer part.

By the COURT. It was the heat from the fire in the passage that seemed to have scorched the outer part of the door—the fire in the wood closet was the most extensive, it was that hot that we could not stand in front of it—the closet was nearly burnt down—the passage is 4 or 5 feet wide—both the cupboard doors opposite the pantry were blistered; the one opposite the wood closet more than the other—the larder door was scorched and blistered—the wood-closet door was midway between the pantry door and the kitchen door—there was no trace of burning between the kitchen door and the wood closet—there was nothing on the outside of the drawer in the kitchen to indicate that the fire had touched it, all the fire was inside; it consisted of sewing materials or servants' work, pieces of dresses, and one thing and another—there was no fire in the pantry except in the cupboard—the pantry door was not even blistered—it was open when I arrived.

JAMES MCKEWAN (Police Sergeant B 529). A bout 12.30 on the morning of 11th October I was called by a man passing to 35, Rutland Gate—I went down into the basement—two constables and two firemen were there—I

found the four fires as described by the last witness—I saw the prisoner there sitting on his bed in the pantry, undressed, with his trousers and shirt on—I asked him how he accounted for the fire in the cupboard in his pantry—he said "The flames came through the door and set light to the cupboard"—I pointed out to him that it was impossible, as there was no trace of fire or flames coming through; there was none—the inside of the cupboard was charred and burnt by the flames coming out through the crevices over the door, burning upwards—the door was closed—he made no reply to my remark—he was taken into custody—on the way to the station he said "I was lying in bed asleep and was awoke by the breaking of glass and the smell of smoke; I got out of bed, wrapped a blanket about me, and came upstairs and became insensible, and then came down"—I found a pocket-knife and key upon him—he was subsequently charged with stealing the plate.

JOSEPH PAYNE . I am an officer of the Metropolitan Fire Brigade stationed at Knightsbridge—on 11th October I was called to Montpelier Row—I found a house on fire—I was unable to gain admission that way—I went round to the front of the house—on arriving there with two constables I rang two or three bells alongside No. 35, and after some few minutes the door was opened—I saw the prisoner standing at the door with it open—I said "Have you a fire here?"—he said "We have got something here"—the evidence given by the other witness as to the fire in four different places is quite correct.

JAMES WHITS (Policeman. B 184). About 12.30 on the morning of the 11th I was on duty at Rutland Gate—I saw a boy running with two firemen—I went with them—I saw the prisoner when the door was opened in his trousers and shirt, and he bad either a coat or jacket holding in his hand up to his mouth—the evidence given by the other witnesses as to the fire is substantially correct.

MRS. CURTIS (Re-examined). We had two pug dogs upstairs, they were quite safe—we had a little Scotch terrier downstairs, he usually slept either in the passage or in the kitchen premises down in the basement—after the fire I said to one of the firemen in the prisoner's presence "Oh, the dog, it belongs to a daughter in Paris, I do not know what I shall do if that dog is lost"—the fireman said he would go down directly and look for it—the prisoner said "It is no use, the dog has been dead for hours"—after the fire we found the dog alive in the housekeeper's room in the basement in front—the firemen had been downstairs at that time.

EDWARD CLOUGH (Police Sergeant). About 4.30 on the afternoon of 11th October I went to Mrs. Chesham's and received this box—I took it to the station, and found in it a handkerchief containing 32 duplicates, relating to jewellery, apparel, and linen—27 relate to the property which has been identified, some to plate pawned in January last, which Mrs. Curtis has identified—I found a file in the box, and the crest on some of the plate has been filed out.

GUILTY .— Twenty years Penal Servited.

NEW COURT.—Monday, October 27th, 1879.

Before Mr. Recorder.

Reference Number: t18791020-942

942. ROLAND GLADWIN (39) , Unlawfully making certain false entries in his ledger within four months of his petition in bankruptcy. Other Counts for unlawfully obtaining goods on credit within the mid date, and pledging the same.


The, proceedings in the Defendants petition in bankruptcy were produced by Mr.H.A. Stacy the Record Keeper, the petition being filed on 15th May 1879 the adjudication was dated 11th June. The unsecured creditors were stated to represent 837l. 8s. 5d., and the assets 58l. 18s. 8d. Amoung the debts were Mr. J. W. James, of 42, Cheapside, 21l. 13s. 5d.; the City agency Newgate Street, 52l. 10s.; Tomlinson and Co., 29l. 4s. 10d., Legg of sloans Street, 2l. 17s. 6d., The shorthand notes and the order to prosecute were also of the file.

JAMES BLAGROVE SNELL . I ma a shorthand writer, of 4, Portugal Street, Lincoln's Inn, and was appointed to take the examinations of the witnesses in the case—I took the defendant's examination on 8th and 22nd July—my transcripts are on the file—they are correct.

WILLIAM BRADLEY . I am a woollen manufacturer, of Valiev Mills near Leeds-m January, 1879, I received this letter from Semour and Co., of Paternoster Row, ordering goods and giving the prices; the pattern were attached—I had not known him before—I did not comply—he afterwards sent me this order, which I executed, and sent this invoice.

(This was for 363 1/2 yards of Union cloth, 52l. 10s. 2d.) There was a clear month's credit—I have never received any portion of the money—he would never answer a letter—he afterwards applied for other parcels, value about 120l., to be delivered in three months, but I refused.

Cross-examined. I had a reference which is on the back of the order—it was satisfactory.

GEORGE HENRY STAPLETON . I am a woollen manufacturer, of Saville Mills, Dewsbury—in January last I received an order through the agent of Seymour and Co., of Paternoster Bow, and on 22nd January I sent the goods—this is die invoice. (This was for 11 piece of black Prudent cloth, 467 yards, 45l. 16s. 6d.) We drew at two months—on 1st February the draft was returned through the bankers dishonoured, and I have never been paid.

Cross-examined. William White was the agent—it would be his duty to get the reference.

HENRY FRISBY . I am employed by the manager of the American Button nohng and Sewing Machine Company, Queen Victoria Street—about January 22nd I received an order through a canvasser, and sent a sewing-machine, value 15l. 2s. 4d., to Seymour and Co., Paternoster Bow—the account was to be paid in four months—I have not received any portion of it, and have proved under the bankruptcy for the amount—we understood that it was for manufacturing purposes, and not to be sold again.

WILLIAM EAWLINGS . I carry on business at 112, Cheapside, and am agent for Duce and Orley, of St. Etienne—in December last I received an order from the defendant for some silk cord and braid, which arrived here on March 5—I delivered this invoice—the goods were to be paid for in 60 days from the 1st of the following month—I drew for the amount—tne bill was dishonoured, and I have never been paid.

Cross-examined. I did not ask for any reference, as I had known him some time, and believed him to be going on satisfactorily.

EDWARD JOSEPH HOPKTNSON . I am manager to Norman and Son, general auctioneers, of 5, Little Britain—on 25th January, 1879, we made a loan to the defendant on the security of the manufactured goods mentioned in this agreement, having first inspected them. (This was dated 25th January, for the loan of 33 l., on nine piece of cloth and two pieces of twill) This is his signature—thev had been unpacked days before I saw them—he wished me to make an advance on them, but I objected because I thought he was doing wrong, but he urged me to do so, saying that he had a payment to make, and it would ruin him if he did not get the amount—he showed me this invoice (Mr. Bradley's)—he came again on 31st January about another advance, and I went to his warehouse and inspected eight pieces of cloth, 400 yards—I do not think I ran another invoice—I lent him 33l. the same as before—he name again on 16th March, and I advanced him 4l. 10s. on some French goods, 10 1/2 gross of cord silk and 5 gross of braid Bilk—one Saturday in Jauuary or February I received a sewing-machine from him, merely for convenience—I did not advance anything on it; it was removed again the first thing on Monday morning—here are six similar agreements with reference to loans on goods; they are all signed by the defendant. (Four of these were for fringe, one for 28 gross of buttons, and one for 100 waterproof Ulsters.) All those goods were forfeited, and sold by us in 28 dajs—there was nothing to return to the defendant; we lost 11l. on all the transactions we had with him.

Cross-examined. Our transactions with him began in January, 1878, but the pledgings began in September, 1879—we have given him an account of the sales of 23rd February and 31st March, and we have told him what the last lot of goods fetched, but have not given him a written account—when we make a profit 'on the Bale of unredeemed goods the balance has to be returned—our profit is the interest—we charge 6 per cent.—I do not generally make advances when I think persons are doing wrong; I did it on this occasion because I knew the man, and knew that he had an account to meet, and I know that he did meet it with this money—I mean that I advised him not to pledge the goods—I have known him three or four years—I knew him when he was employed by Seymour and Co.'s old firm, before Murans took it up—I do business with Seymour and Co., the defendant acting for them—he did not pledge goods while the old firm was in existence—we did not put the goods up to public auction; we dispone of them in the best market we can, and cut patterns of them and send them to wholesale houses—Bradley's two lots of goods, on which we lent 33l. each, realised 35l. 4s. 10d. and 39l. 11s. 1d., which was more than they were pledged for—we do not sell them before 28 days, and we do not press them—we have, perhaps, sold a dozen of the Ulsters, but we have the bulk still—the fringe was sold at 50 per cent, under cost price to Meeking and Co., and we had advanced nearly the cost price—we advanced 3s. apiece on the ulsters, which was as much as they were worth; we cannot sell them for that—the defendant only redeemed one lot of cloth; that was in June, 1878, for 124l. 17s. 10s.—we advanced nearly the cost price, but at the commencement of the season goods are worth a great deal more than they are at the end.

By the COURT. We do not sell by auction because we do better by selling to wholesale houses—we sell to the first firms in London, and in any way we think proper—there was no deduction from the 33l. we advanced.

WILLIAM COTESM . I am a dressing-gown manufacturer, of Addle Street I lent my brother 10l. to buy a sewing machine, and it was sent to my place in my absence—I do not know the defendant.

EDWIN TOMLINSON . I am London agent for Holt and Co., at Leeds, cloth-manufacturers—the defendant is our creditor for 258l. 3s. 4d., for goods supplied from 21st May up to the autumn of 1878, when the account was stopped, and we refused to send any more, because we could not get any money from him—we are put down as debtors to him 29l. 4s. I fit which is not true, as he owes us a balance of 20l. odd.

ROBERT LAKE . I am a tailor, of Dean Street—it is true that I owe the defendant 2l. 17s. 6d., but he owes me a little more—we have not exchanged invoices.

J. WILKIN. I live at Broadway, Cardiff—I knew a gentleman named Cotes there—he is not there now, he left three years ago—I never saw the defendant till I came here—I do not owe him 39l. 6s. 9d. or anything.

Cross-examined. I never ordered any goods, and never received them—I do not employ a traveller—I have nothing to do with cloth.

WALLINGTON TILLEY . I live at Bristol and know the defendant—I did not order goods of him on 31st May amounting to 36l. 11s. 6d., and never received them—I manufacture cloth.

JOHN WILLIAM CHAMBERLAIN . I am appointed trustee of this estate, and produce the bankrupt's books—at page 28 of the sold ledger Messrai Coles and Co., of High Street, Cardiff, are debited with 55l. 13s. for goods supplied; 37l. worth in March and 18l. 11s. on 30th April, and by the books that amount appears to be still due—the entry is at the top of a page, and does not appear to be in the same writing as the other entries—on 30th March, 1878,1 find in the day-book an entry of 37l. 2s., bat it is in the ledger of 30th March, 1879, entered at the bottom of a page, and at the end of the month in a blank space—the 18l. 11s. is entered in the day-book in 1878, at the end of a month, but it entered in the ledger of 1879—at page 54 of the sold ledger here is J. Wilkins, of Cardiff, 31st May, goods 31l. 4s. 9d., and June 6th, 8l. 2s., total 39l. 6s. 9d.—that appears in the day-book on 31st May, 1878, the bottom item but one on a page, because after that comes Tilley, on 31st May—they tally so far—in the sold ledger is R. W, Tilley, May 31, 6l. 11s. 6d.—I have realised nothing from the estate.

Cross-examined. I have been an accountant four years and a half, and have examined five or six bankrupts' estates before this—I was trustee and accountant in all of them—there are several entries in the cash book of transactions With Norman—I cannot say whether all the transactions are entered or not.

ELIAS MOUBANS . I was traveller to Mr. Halliday, of Wood Street, in 1878—I entered into partnership with the defendant, and put in 200l., which I have not got now—I was a silent partner.

Cross-examined. I simply put the money in, and according to the agreement I was to draw 3l. weekly, but I did not—there was no mention that the 3l. should not be paid to me while I was acting for any other firm and not taking part in the business—it was proposed that an assistant should be put in if necessary to do the work I should have done—the firm would have 13 pay him.

Re-examined. We dissolved previous to Christmas this year.

JOHN NASH . I am warehouse boy in this office—I recollect a sewing-machine coming there, it went away on 1st March—I took it to Norman and Sons—the defendant told me to do so because the brokers were in the I house—I generally unpacked the cloth goods when they came; sometimes they were made up and taken away, and sometimes they were taken away to Norman and Sons before they were made up.

EDWIN TOMLINSON (Re-examined by MR. METCALFE). I have never given the defendant an I O U that I am aware of—I do not recollect one for 5l.—I do not know whether there is one in the hands of Messrs. Plunkett and Leader.

On MR. GRAIN proposing to read the shorthand notes of the bankrupts examination, MR. METCALFE stated that he would admit the identity of the goods and that the entries were false.

GUILTY. Recommended to mercy by the Jury on account of the temptation offered by Norman. Four Months' Imprisonment.

Reference Number: t18791020-943

943. JOSEPH BURBERY WRIGHT (33) , Forging and uttering a receipt for the payment of 30l., with intent to defraud.

MR. BRINDLBY Prosecuted.

MR. MORICE, for the prisoner, stated that he would withdraw his plea and plead guilty to the uttering, upon which the Jury found him GUILTY of the uttering. He received a good character.— Twelve Months' Imprisonment.

Reference Number: t18791020-944

944. JAMES WOODCOCK (36) , Stealing an order for the payment of 1l. 12s., the property of Robert Reynolds.

MR. KISCH Prosecuted; MR. PURCELL Defended.

ROBERT REYNOLDS . I am a traveller, of 136, Chester Street, Bromley—I was staying at 10, Veneer Street, Bromley; the prisoner is landlord of that house, and I occupy two rooms upstairs—on 10th September I sent a letter to my wife from Hammersmith Broadway—I posted it at 4 o'clock in the afternoon with an order for 1l. 2s. in it, which I obtained at that office—this is it produced—I fastened the letter—the letter has not been returned through the dead letter office.

Cross-examined. Before I was a traveller I was a barman and potman—the last place that I was at as barman was the Bedford Hotel, Covent Garden—I was also at the Prince of Wales at Black wall 14 or 15 years ago, and got a good character from the party I lived, with before that—I cannot tell you his name at present—he lived in Blackfriars Road—I know a gentleman named Wood—he gave me a recommendation—I don't know that he is undergoing imprisonment now for having given a barman a false character—I don't know that he was tried here and sentenced to imprisonment.

EMMA REYNOLDS . On 10th September I was lodging at the prisoner's house, and had been five or six months—I did not know him before I went" there—I did not on 10th or 11th September receive a letter from my husband containing a post-office order for 1l. 12s., nor have I received it since—I have never seen it—the prisoner sometimes took in the letters—he has taken in many for my mother—I have seen him take them in—the signature Emma Reynolds to this post-office order is not mine—I don't know whoae writing it is—I think there is some trifling attempt to imitate mine—I gave no one authority to write it—the prisoner has not seen me write, but I have

given his wife and children letters to post for me, the addresses of which I had written on the envelopes.

Cross-examined. I received one letter from my husband while I was staying there, and the prisoner on that occasion gave me some letters for my mother, who was with me—I was then rather in want of moneyland had to raise a little on some rings—that was before September 10—I did not redeem the rings about September 10 or 12—they were redeemed some little time after, my mother got them for me.

Re-examined. I am living with my husband, but being a traveller he had to remit my money.

SAMUEL BROWN . I am a letter carrier, and have delivered letters in Veneer Street about two years—I deliver the evening letters between 9.30 and 10 p.m.—on 10th September, between 9.30 and 10 I delivered a letter there to the prisoner—I had not delivered letters into his hand before that—I have not the slightest doubt about him—it was addressed to Mr. or Mrs. Reynolds, I cannot say which—I saw a gleam of light from the back room—I did not carry a lantern on that occasion—I cannot say how the I prisoner was dressed, but he had on the same waistcoat as he has now to the best of my belief.

Cross-examined. That was the first and last letter that I delivered to him—I gave my evidence before the Magistrate on 30th September, and this occurred on the 10th—I am on duty every evening, and deliver a great many letters—the police first spoke to me about this matter, and I went with them to the prisoner's house on the night he was arrested—if any one asks me after I have done my duty I can tell them to what houses I have been—it is simply use, and I could do so even though I was spoken to some time later—I should in particular cases recollect letters that I delivered a year ago, the average would be about nine months—as it goes on my memoir is not so good—the prisoner was not placed with others, he was by himself.

Re-examined. I was first spoken to on 29th September, and gave the officer the description of the man I delivered the letter to, before I saw him again, and when I saw the prisoner I recognised him, and my description answered—I remembered him by his thinness and by his beard and moustache.

DAVID TURNER (Policeman). I took the prisoner on 29th September; 113 K was with me, and the prosecutor and Brown—I knocked at the door and the prisoner came down to the passage and said "It is the police" and went away—I could not get in and I went through a shop at the corner, got over the back way, and knocked at the back doer—the prisoner opened the window—I said "Your name is So-and-So"—he said, "Yes"—I said "I am a police officer, and have come to take you in custody for stealing a letter containing a post-office order in the name of Reynolds"—he said "I know your are b——y teck, I will come down and give you something"—that is the short for detective—he came down and opened the door—he had a chopper in his left hand and a poker in bis right—I was not in uniform—he made a blow at my head, I raised by arm and received it on my arm—seeing he meant to strike me again, I took my truncheon from my pocket and struck him on his hand, making him drop the chopper—I then closed with him; we had a struggle for some time—he tried to strike me again, but 113 K and Mr. Reynolds came to

my assistance—he was very violent on his way to the station—I showed the bruise on my arm to the Magistrate.

Cross-examined. This was between 10 and 11 p.m.—I knocked at the door in the ordinary way, not with a post knock—no one came down and said "Put it under the door"—I did not hear the postman say "1 here is 2d. to pay;" I was not near him—I did not hear a voice inside say "Then come to-morrow, we are all in bed"—I was near the door—I got in at the back—I did not hear cries of "Thieves" and "Murder "before I got in—he did not say "What do you want!" or "What is it for nor did I hear one of the other officers say "I will b——y soon let you know what it is for"—one man who I saw there has been convicted; he got 14 days for assaulting me at the same time and place—I have been in the service three years—I know now that the prisoner's wife was on the point of being confined—I did not know it then—I took the postman to identify him.

Re-examined. I forget the name of the person I saw there—he had a pair of tongs in his hand, and assaulted me—here are the poker and chopper—I thought it was getting warm.

JAMBS SMITH (Policeman K 113) I went with Turner, and stood at the front door, and heard a row, as if they were scuffling; I put my hand against the door, it opened, and I went through to the back, and saw the prisoner with a poker in his hand struggling with Turner; he was very violent, it took two constables to take him to the station—I saw a man and a woman in a room at one side of the passage.

LOUISA ERRINOTON . I am a post-office clerk—I was on duty at the East India Road Post-office on 11th September, and cashed this order for 1l. 12s.—I cannot say whether to a man or a woman—my initials are on it Witnesses for the Defence.

WILLIAM SMITH . I am a contractor, of 4, Naval Road, Poplar—I have known the prisoner 10 years; he is a blacksmith—I never knew anything against his character for honesty—he worked with me four nights a week at Mr. Green's—one day in the second week in September he worked as late as 9 o'clock—cannot fix the night, but I believe it was on Wednesday or Thursday.

JAMES WILLIAM PARKER . I am carman to Mr. Smith, a contractor, and worked in his yard with the prisoner on the evenings of 9th, 10th, 11th, 13th, 16th, and 17th September—he left me on the 9th September at the Green Dragon, Poplar, at 9. 50 p.m., and on the 10th at 10 o'clock—I had left off work with him at 9.30, and we walked up the lane, and went into the Green Dragon—we were later that night, because we broke an iron—I shared two pots of ale with him, and parted with him outside the door—my wife was with me; she is not here.

Cross-examined. I first heard that he was in trouble on the Monday, night he was taken, the 29th—I knew that he was charged at Arbour Square on 30th, but did not' attend to give evidence—I heard that it was adjourned, but I did not attend on the second occasion—this is the first time I have come forward—I have known him eight or nine years—I have no memorandum of the dates from the 8th to the 16th; I go by the t'm jwas working overtime, and I was late on the 10th, through breaking the iron—my wife said "What makes you so late I look at the clock"—I had a charge brought against me once.

Re-examined. That was when I was a lad—I was had up on a small case of embezzlement 13 or 14 years ago.

By the COURT. I came here because Mr. Green came to me—he is a builder, I believe—he did not ask me to come here, but he asked me if I was not working with him—I did not see the account in the paper, but I heard it talked about in the stable how he got on—I heard he was charged with receiving a post-office letter, and the day he was said to have received it, and then I remembered that he was so late when he was with me at Poplar as 10 o'clock, and I thought it right to come up and give evidence—I had worked with him several times shortly before the 9th—I told Mr. Green what I have told you—that was after the adjourned hearing—nobody spoke to me before the prisoner was committed for trial—I had no reason for going before the Magistrate; I knew nothing about the letter, or about the assault on the police.

SARAH ANN GREEN . Hive at 9, Veneer Street, Bromley—on 29th September, about 10 o'clock, I was passing 19, Veneer Street, and saw a post-man knock at the door, and heard a voice inside say, "Put it underneath the door"—I believe it was the prisoner's voice.

The Prisoner received a good character.


Reference Number: t18791020-945

945. JAMES WOODCOOK was again indicted for unlawfully assaulting David Turner, a police-officer, in execution of his duty.

MR. KISCH Prosecuted; MR. PURCBLL Defended.

DAVID TURNER . (The evidence of this witness, as given in the last case, was read over to him, to which he assented.)

Cross-examined. When I first saw him he put his head out at the window—the back door was not broken open; he unbolted it—I heard no cries of "Thieves" and "Murder"—nothing was said till he struck me with the poker—no one was with me but the postman.

By the JURY. It was a very light night—the postman ran for 113 K when he found us struggling.

JAMES SMITH (Policeman K 113) repeated his former evidence.

ROBERT REYNOLDS . I went with the constable and saw the prisoner with a poker in his right hand—he made aim at Turner's head, and I took the poker from him—I saw a chopper in the constable's hands—I was not there at the beginning—the prisoner was very violent going to the station, and used many threats.

Witnesses for the Defence.

INMAN COLE . I am a carpenter, of 17, Veneer Street, Bromley—the prisoner lives at No. 19—I was going up the back and my mistress gave the child into my arms, and came back and told me something—these men were standing at our door—I pulled it open, and saw Reynolds only—I asked him what he wanted—he said, "Don't be frightened"—I said, "I am not frightened"—he said, "Tell your wife the detectives are in the next yard; I have got a letter from the man corroborating the statement"—I went into the back kitchen, heard the window go up, and heard the prisoner say, "What do you want?"—a voice below said, "Come down, I want to speak to you"—I heard the door unbolted about two minutes afterwards, and heard some one say, "I am a detective," or "a constable," and one of them said, "Draw your b——staff and knock his b——brains out"—I jumped on to my coalhole, and saw the officer with the poker flying, and begged him not to strike the man—he said,

"If you do not get down I will knock your b——brains out"—I jumped down out of the way of the poker—I saw nothing of the chopper—that was all I saw.

Cross-examined. I have been the prisoner's neighbour some time—I have kuown him from a schoolboy—I did not attend before the Magistrate because Mr. Reynolds kept all the witnesses away, and I thought the prisoner was guilty of what Mr. Reynolds told me—if a man is guilty why should he not suffer?—I mean to say that I saw the detective holding the poker over the man in the back doorway—I got on top of the wall—it was a pretty light night; I could see the bright poker flourishing.

Re-examined. Mr. Reynolds had told me two minutes before that the prisoner had received the letter and had acknowledged it, and asked time to pay it; that he told the prioner he would give him 18 days to pay him, and when he asked for the money he laughed at him.

By the JURY. I heard no threat from the window—I did not hear a word spoken.

ROBERT REYNOLDS (Re-examined by the COURT). The last witness's evidence is false—I did not give the prisoner 18 days to pay the money, nor did he laugh at me for asking for it.

JOHN SPICER . I am a plasterer, of 15, Veneer Street—I heard Reynolds say that Mr. Woodcock had sent an apologising letter to him, acknowledging that he had had the order and changed it, and was very sorry for what he had done, and if he would give him 18 days he would re und the money, which he never did—other persons were present; he was quite in a mob of people, some of whom are here, I believe.

Cross-examined. Mr. Cole was one—I do not know that there was anybody else—this was alter Woodcock was taken—Reynolds stood outside the next door—it was 'about 11 o'clock—I never had a charge brought against me—I live next door but one.

HENRY JOHN EASTMEAD . I am a storekeeper at Bromley Gasworks—I moved into the prisoner's house on the Friday night previous to this—I was lying in bed on this night, and my wife said, "There is a postman knocked at the door"—I did not go down—a girl then came and knocked at my door and said, "Here are thieves breaking into the house"—I got up, and when I got to the hot om of the stairs—I saw the prisoner's wife, who had been confined at seven that morning, screaming—I helped to get her into her room—there was a struggle going On in the passage, and cries of "Police" and "Murder."

Cross-examined. I know a little more about it—I was taken to the Thames Police-court, and fined 20s. for assaulting Turner and three plain-clothesmen, and Mr. Reynolds and the postman.

Re-examined. After the police took the prisoner away, they came back to the house and came up into my room—it was Turner, I believe—he threw me down on the bed, and charged me with having knocked him about, but I had never seen him till he came upstairs to me—he gave evidence against me before the Magistrate, four of them did—I was taken away that evening and locked up, and my employers became bail for me.

By the JURY. I did not see Turner—we were all struggling in the court—I carried a pair of tongs in my hands, thinking thieves had broken into the house—it was a very dark night—I was never in trouble before.

Witness in Reply.

SAMUEL BROWN . I went with the police to the prisoner's house—a fellow

letter-carrier who came along was requested to knock at the door, and did so—I heard some one come down, and some one inside said, "Who is there?"—he said, "A letter for Woodcock"—he said, "Well, put it under the door"—he said, "I can't, there is 2d. to pay"—he said, "Bring it in the morning"—we obtained permission at the corner shop, and got through to the rear of the house, and the back room window opened and somebody said, "Who is there?" and directly afterwards the top window opened and the prisoner put his head out and said, "Who is there?"—the policeman said, "I am a police-officer; I have come to take you in custody concerning a money-order"—he said, "Oh, I know you are a b——teck; I will come down and give you something"—the back door opened, and the prisoner was there with a poker and chopper—he made a desperate blow at the detective, who put up his left arm and received it—I went to the front, and found the other constable had entered and taken him in custody.

Cross-examined. Turner was not near enough to hear the conversation at the front door—a postman's knock was given—I do not know whether Turner could hear it—he was 5 or 6 yards off—talking was going on.


THIRD COURT.—Monday, October 27th, 1879.

Before Mr. Common Serjeant.

Reference Number: t18791020-946

946. HENRY GUNTHER (19) , Burglary in the dwelling-house of Seth Bull, and stealing therein a box of cigars, his property.

MR. GRIFFITHS Prosecuted.

SETH BULL . I keep the White Rose, Castle Street, Leicester Square—on Saturday, 27th September, I had some boxes of cigars in the bar-parlour window, which looks out into the yard, in which there is a urinal, and between that window and the yard is an area and a space of about 3 feet—it is a very deep area, with a drop of about 15 feet—on that night about 10 o'clock the barman called my attention to the bar-parlour window, and I saw the window sliding down—I ran at once into the yard, and saw the prisoner getting down from the window-ledge—he had one foot on a wooden bar over the front of the area, and the other foot on the window-ledge—the window is about 6 inches higher than the rail—if he missed his footing he would fall down the area below—I said, "What are you doing there?"—he said, "Nothing"—I saw another man crouching down, with his back to me, at the bottom of the area—the area window was barred—I fetched a police-man, but when he came both the men were gone—the next morning, about 8 o'clock, I went into the yard, and found eight cigars near where the prisoner had been standing, and I missed from the window-ledge a box containing 100 cigars, which had been there about two months—those I picked up in the yard were of the same quality and make as those I had lost—I am quite sure they were there on the 27th, and the box had not been opened—the prisoner came in my house again on the Monday about 11 or 12, and while I went out of one door to fetch a policeman, he went out of the other and ran down the street—the police at that time had had information—the prisoner came in again a day or two after, but I was alone and could not leave the bar—the last time he came in was Wednesday, October 8th, and he said, "Mr. Bull, I am very sorry I stole your cigars; I was induced to do it by Fred, the polisher, the one that fell down the area"—that was the first

intimation I had of any one falling—he said, "I defy you to charge me"—I went to the door and called a policeman, and gave the prisoner in custody.

Cross-examined by the Prisoner. You have been a casual customer for six months—you may have cleaned the windows for my man and assisted him when busy, but have not been employed by me—I was not aware of the robbery when I saw you at the window—you did not come to me and say, "1 have heard that you accuse me of stealing a box of cigars; why don't you give me in custody and have it proved?"—you were dressed as now—there is no ladder, but there is a lot of old furniture piled up in the area, and you most have climbed upon that and got through the bar, but I had not missed the cigars then and did not know what to charge you with—it was 10 days after the robbery that you were given in custody, and I only saw you on three occasions.

Re-examined. When he helped the man to mend a fanlight he had an opportunity of knowing the premises and seeing how the windows were fastened—I missed no other cigars.

THOMAS HOLLAND . I am barman to Mr. Bull. I saw the prisoner and the other man go through the house into the yard about 10 o'clock on 27th September, and afterwards saw the bar parlour window sliding up—I at once called Mr. Bull's attention to it—I did not see the prisoner afterwards—we were very busy.

Cross-examined. You were not in the billiard room that night—you came into the house about 9.45 and asked for a drink and then went through with Fred, the polisher, into the yard.

JAMES BURTON (Policeman C 150). Mr. Bull sent for me and gave the prisoner into custody for stealing a box of cigars from the back bar-parlour window; he said "I know nothing at all about it whatever:"

The Prisoner's Statement before the Magistrates. "A man gave me the cigars,"

Prisoner's Defence. I was in his place night after night taking scores fo gentlemen, as I had done no work for six weeks, and was obliged to earn my living there in that way. I have done odd jobs there, and have even scrubbed his wife's kitchen for a cup of tea and a bit of bread and butter, work was so bad. I am innocent, and have never been in trouble in my life before.

GUILTY of larceny Six Months' Imprisonment.

Reference Number: t18791020-947

947. KATE ANN ELIZABETH KEYS (15) , Stealing a box and other articles the goods of the Great Eastern Railway Company.


JAMES MOYE . I am a guard in the employ of the Great Eastern Railway Company—on 16th September I was guard of the 11.40 am. train from Yarmouth, due at Liverpool Street at 3.24 p.m., and which arrived at 3.36—on arriving at Ipswich the prisoner was given into my care and was going to London—at Colchester Miss Kew, a passenger, said she had got in at Yarmouth and her box was labelled to Liverpool Street, and I got it for her and the train then went on and the box in it—on arriving at Liverpool Street I took the box out of the luggage van and gave it in charge of Harber, a porter—the box was on the platform and the prisoner was by my side and could hear what was said—I said to Harber "Take care of this box belonging to Miss Kew; she will arrive by the slow twin, she got out at Colchester

to see some one on the road"—as there was no one there to meet the prisoner I left her with the attendant in the waiting-room about 40 or 50 yards from the box.

Cross-examined by MR. SLEIGH. Mr. Rogers, at Ipswich, gave her into my care—he said she had never been in London before and required taking care of—he did not say she was but a child—I have been up and down from Ipswich three or four times this week, Mr. Rogers, the Master of the St. John's Home, at Ipswich, has not brought the prisoner backwards and forwards with my train—on 24th September I called upon him at the Home—I had heard that the prisoner was in Mr. Cocksedge's service—I asked Mr. Rogers whether he had sent a girl to service who went to Liverpool Street from Ipswich, and he said "Yes"—I asked him for her name and address and he wrote it down, "Kate Keys, at Mr. Cocksedge's, Long Ditton, Surrey"—he did not ask me if anything had happened to her—I do not remember his asking why I wanted the address—he might have asked if she arrived all right or whether anything had happened to her—I said nothing about the box—this was eight days after the lx>x was missed—I had not heard that it was Mr. Cockpedge who fetched her from the station, but I heard some gentleman had fetched her—I do not remember telling Mr. Rogers that a box had been lost at Liverpool Street, and that I thought the gentleman who fetched her away might have confounded the two names of Miss Keys and Miss Kew—I did not mention those names, but I will not swear I did not say there might have been some confusion by the gentleman who fetched her at the station—I did not tell Mr. Rogers I thought so—he seemed anxious about the girl, and I told him there might be a little mistake—Harber and I have talked this matter over since it came on, but I have not asked him whether he stood by the box and was in possession of it from the time it was left with him till it was given to Keys, or whether anybody else had charge of it—I asked him what he had done with it when I heard it was lost—he did not say he gave it in charge of somebody else—he told me he had delivered it to the young lady—I know Joseph Hedington, the inspector—when the train arrived I had to see my van cleared of all the luggage, and was the only guard in charge of that van—it was an express, and a good many people came by it—when I spoke to Harber about this box the van was entirely cleared and the people were taking away their luggage—there were two luggage vans—Small, the underguard, had charge of the other—I should have care of the parcels sent without passengers, and deliver them to the parcels porter and see them signed for.

URIAH HARBER . I am a lantern cleaner for the Great Eastern Railway, Liverpool Street—I was on the platform on 16th September, between 3 and 4 o'clock, and on the arrival of the Yarmouth train the guard Moye handed me a box and said "Will you give it to a young lady, Miss Kew, who is coming up by the 4.22 slow train?"—the slow train arrived from Colchester about 40 minutes after the fast train, and Keys came up to me on the platform, and pointing to the box Moye had given me for Miss Kew, said "I want that box," and put a pardel on the top of it—I said "What name, miss?" she said "Kew"—the box bore a label and I had read it—I said "Can I take it anywhere for you?"—she said "No, I am waiting here, and can I wait here till some one comes to meet me; can I stop about here?"—I said "Yes, you can stay here as long as you like, you are not in the way there, and I then left her with the box, and did not see who took the box away.

Cross-examined. I did not see Keys near when Move told me to mind the box, or during the whole time—it was in my charge for 23 minutes—I have not seen the waiting-room woman here—I have talked this matter over with Moye—I am not aware that we should be dismissed if we gave up a box to a wrong person, or could not account for a box of valuable property—I know if I made a mistake I should be discharged—Moye asked if I stood by the box the whole time, and I said I did—I did not stand by it the whole of the time, but left it about 12 yards while I walked backwards and forwards minding it—there are three parcels offices at the station—if a box comes without a passenger, and is to be called for, it is not my duty to take it to the parcels office—it is the duty of the officers to see that the box is taken charge of, and given to the owuer—I was minding it all the while—I was not obeying the rules—I did not expect a gratuity—I asked the prisoner "What name?"—she came up after the arrival of the slow train, and was standing by the box with me after I had been there five minutes—I had been away before for about two minutes—I did not see her come from the waiting-room—I have not seen the waiting-room woman here—I have spoken to her with the guard about this matter—the box was 18 or 20 yards from the waiting-room—I have heard since from the waiting-room woman that the prisoner was in the waiting-room—it is not true that I went to the prisoner, and said "What is your name,' and that she replied "Keys," that I said "There is a box for you," and that she said "No, there is not; this is all my luggage," showing a parcel and a bandbox, and I did not reply "But this has been sent up from Ipswich"—when I gave her the box she did not say "Thank you," but she asked if she could wait there till a gentleman fetched her—she did not say she was going to service—this (produced) is the box—I did not notice where—the label was tied—after I gave up the box I went to the departure platform—I did not see Miss Kew at all—I was first spoken to about it two days after by Mr. Moye, when he told me there had been a mistake—he did not ask why I did not take it to the parcels office—there are many parcels' porters—their duty is to take the luggage out from the train for which there is no passengers, and sign for them at the parcels office.

Re-examined. I am a lamp cleaner and porter—the guard is not a superior officer to me, but I am a little higher than he—I was not bound to obey his orders—his responsibility would cease when the luggage got on to the platform.

JOSEPH HEDINGTON . I am police inspector at Liverpool Street, Great Eastern Railway—on 25th September I went to Mr. Cocksedge's, 6, Tremlett Terrace, Long Ditton, to make inquiries—the prisoner was sent for, and I said to her, in the presence of the master and mistress, "What luggage had you when you left Ipswich?"—she replied "A brown paper parcel and a bandbox"—I said "You brought a box with you; how do you account for that?"—she said "A porter gave it to me at the Liverpool Street Station-.; I thought some one had given it to me"—I then identified the box, and said "Where is the label?"—she said "I don't know; I tore it off; I think it has been swept out with the dust"—I then said "I shall take you in custody for stealing this box, the property of the Great Eastern Railway."

Cross-examined. I did not ask her a second time in the presence of Mr. and Mrs. Cocksedge how she accounted for the box—she did not say she thought some one had sent it to her at Liverpool Street—the cord and cover of the box were partly undone, but the box was locked—she did not say the

label was tied to the cord, but the brass ring belonging to the label was still attached to the cord.

ELLEN KEW . I live at the Elms, Galston, Yarmouth—on 16th September I travelled by the 11.45 London train from Great Yarmouth, and changed into a slow train at Colchester—I had with me the box produced—I gave the guard instructions at Colchester about my box, and on arriving at Liverpool Street it was missing—the box was labelled "Miss Kew, passenger to Liverpool Street"—I have identified the box and contents.

Cross-examined. The label was on the cord.

JOHN MARTIN COCKSEDGE . I live at 5, Compton Terrace, Long Ditton—on 16th September I went to Liverpool Street Station to meet the prisoner, and after walking up and down about five minutes I saw her standing by this box, and the porter—I said "Is your name Kate?"—she said "Yes"—I said "Is this your box?" pointing to it, and she said "Yes, sir"—I fetched a cab, and took her home with the box, and a paper parcel and bandbox—I was present when the inspector came on 25th September and asked her about the box.

Cross-examined. My father at Trofield was to send her up to London—she was introduced to my service through the kindness of my father, and his knowledge of the Home at Ipswich—when asked how she accounted for the box, she said "Do you mean your box, sirt"—she said she thought some one had given it to her—she might have said "given "or "sent"

Re-examined. She remained with me from the 16th to the 24th—she can read and write.

The prisoner received a good character.


Reference Number: t18791020-948

948. WILLIAM BAYFIELD (27) , Burglary in the dwelling-house of Edgar Cockell, and stealing therein a ladle and other articles.

MR. D. METCALFE Prosecuted.

THOMAS JOHNSON (Policeman N 572). While on duty in Queen's Road on the 8th inst, about 2.30 a.m., I saw the prisoner running towards me—it is about a quarter of a mile from 62, Forrest Road, Dalston—I stopped him, and heard something jingle in his pockets—I said "What have you got there?"—he said "If you let me go, and do not hold me, and come with me, I will tell you where I got them"—I said "Will you let me know where you took them from?"—he said "They are the property of my master, not my present master, but my former master"—I said "Will you let me know who your former master is t"—he said "No"—I took him in charge, and on searching him found on him these six forks, nine spoons, and pair of pincers (produced)—Detective Sergeant Armstrong gave me the coat and boots produced.

EDGAR COCKELL . I am a surgeon at 62, Forrest Road, Dalston—Bayfield was in my service about four years ago—I identify this ladle by my crest on it, and believe all the other property to be mine—the shoes produced I had taken off the night before, and next saw them on Bayfield's feet at the police-court—I do not recognise the coat—I received a good character with the prisoner—I never knew anything against him.

CATHERINE FRAMLET . I live at 12, New Street, Bishopsgate—I was in Mr. Cockell's service on the 7th, and saw the house all safe and the kitchen door fastened before going to bed at 10.30—the kitchen window was shut—on coming down next morning about 6.50, the kitchen door and window,

and the stable gates leading to the street, were open—I found the door of the plate cupboard open in the hall, and missed some silver—the silver was in the boy's charge—I recognise this soup-ladle and these grape-scissors, and the other articles are similar to ours.

EDWARD KNOWLES . I am a groom to Mr. Cockell—I shut the stable gates about 7 p.m. on the 7th—I missed my coat (produced) next morning, and found it in the garden while going round with the constable—I also found these boots (produced) in the garden—the shoes produced are Mr. Cockell's, I have cleaned them.

JAMES ARMSTRONG (Police Sergeant). The prisoner had these shoes on at the Worship Street Police-court on the 8th—I asked him to take them off, and Mr. Cockell identified them as his property—I was with Knowles the night before in the garden, and he gave me the boots, and the coat the prisoner now wears—I took the boots to the police-court, and asked the prisoner if he knew anything about them, and he said, "Yes, they are mine"—I said, "Take off those you have and put these on," and he took off Mr. Cockell's shoes and put on the boots.

The Prisoner's defence before the Magistrate ami in Court was that he had received the things from a former servant of the prosecutor's, and did not know they were stolen.

GUILTY .— Twelve Months' Imprisonment.

OLD COURT.—Tuesday, October 28th, 1879.

Before Mr. Justice Hawkins.

Reference Number: t18791020-949

949. JAMES CARTER (73) was indicted for b—stl—y.

MR. SKIPPIE Prosecuted; MR. TOWKLL Defended.


Reference Number: t18791020-950

950. ANN MILLS (38) , Feloniously casting and throwing upon Joseph George Mills a large quantity of corrosive fluid, with intent to bum him. Other counts, with intent to disfigure, disable, and do grievous bodily harm.

MR. BESLEY Prosecuted.

JOSEPH GEORGE MILLS . I am a builder's material dealer, and now live at 4, Wickham Road, Tottenham—when this took place I resided at 65, Old Bethnal Green Road—I was too ill to attend here at the last Session—the prisoner is my sister; she is four years older than me—on 7th August she was living with me and my brother as housekeeper—we were moving our goods that day from 65, Old Bethnal Green Road to 4, Wickham Place—she went away for about half an hour about dinner-time, 1 o'clock—she had not dined with us—she had been in and out the whole of the morning—I had not had any quarrel with her up to dinner-time—on the recommendation of my brother I never spoke to her the whole day except in the early morning—I did not annoy her by word or gesture; I never took the faintest notice of her since 6 o'clock—she made an attack on me then with a chopper, but. it was fruitless—I had had words with her before—she had the chopper with her the previous night, and threatened me with it—she is an habitual drunkard, and my brother and I were simply watching her—we always treated her with the utmost kindness—she had a most dreadful antipathy to me—r had remonstrated with her the night before about her habits—in the morning she attacked me again with the chopper, and with the assistance of my brother and the man that was helping us to move we got it away from

her—I treated that very lightly; she was intoxicated—between 12 and 1 I went out to get my dinner, and when I returned she was standing in the parlour leading to the shop—a man who was assisting us in moving took up a glass containing some stuff from the window-sill or table and put it to his mouth to drink, and it burnt him most fearfully—he came running into the kitchen to me, and I said, "I suppose that was meant for me"—the prisoner must have heard me, and as I was passing from the kitchen through the parlour she had the glass in her hand—she said, very quickly, "What's that, what's that you say, you b——if you won't have it inside you shall have it out," and with that she dashed it in my eyes or in my face, and I believe the glass followed—I believe she meant it for my eyes—I turned my head aside, and received the contents on the side of my face—it ran down my neck like quicksilver, and burnt both ears most shockingly, and under the throat and the side of my face—I could not see; I was thoroughly dazed, I scarcely knew what I was doing—I was taken to the London Hospital, and am an inmate there now—I kept my bed for some weeks; it has caused a general shock to my system.

By the COURT. I might have used disgusting language to her at some time, but I do not remember any that morning—I never kicked her in the stomach—some months ago she threatened to report me to Scotland Yard for betting—I do occasionally back horses—before the Magistrate she made out that I was a professional bookmaker; I am not—she once threatened me with a knife, and I pushed her, or something of that sort, but nothing like a kick; she might have thought so—she said I had threatened her with a knuckle-duster, but I hud it not with me; I don't think she ever saw it on me; I had one, but I never threatened her with it; it was packed away that morning, to the best of my remembrance—I did not hold it within an inch of her nose, and threaten to gouge her eye out—I never threatened her at all that morning that I remember—I did not spit in her face—I did not call her a b——sow, and threaten to kick her face in—she did not ask for a glass belonging to her late mother—I do not know where this liquid was procured from; I saw it in the glass, but did not know the nature of it—there was no necessity for her to get vitriol to clean the scales; there were no scales of ours to clean; there was one pair in the shop, which belonged to the party who had taken the business, but they had nothing to do with her or us.

Prisoner. What he says is a tissue of lies.

JAMES MILLS . I am now living at 4, Wickham Road—I did live at 65, Old Bethnal Green Road, with my brother and sister, the prisoner—on 7th July a young man called my attention to some liquid in a glass; it looked like pale brandy—my sister came into the room and said, "Give it to me; that is mine"—I said, "No, I shall not give it to you till I know what it is"—I took it from the table and had it in my hand—I said, "Look at that man, his mouth is burnt"—she turned round to him and said, "What a fool you were to touch it without knowing what it was; I am very sorry for you"—she asked me again to give it to her—I said, "No, not till I know what it is"—she said, "It is only something that I got to clean some gloves with"—I then laid it down on the table, and saw nothing further—she was excited, and saturated with gin at the time—she has been with me about three years—she was never sober, she was continually under the influence of drink, morning, noon, and night; her nature was brutalised with drink—it is not in her nature to have done anything of this kind—I was outside

giving something to tho carman when my brother came out to me—he had his coat, waistcoat, and hat off; all the side of his head, neck, and face was burnt—he said, "The bitch has done it; give her into custody."

EDWARD VACHELL . I was house surgeon at the London Hospital on 7th August when the prosecutor was brought there—I examined him; he was goffering from excessive destruction of the skin—the skin and superficial structures at the back of the neck were destroyed by some corrosive fluid of an acid nature—his life was never in any danger from the immediate effects of the injury; there is always danger from remote causes—he was kept to his bed—it will result in permanent disfigurement and disablement; his neck in the course of time will be contracted, and the eye is injured; he is now unable to close his eye; it will result in the course of time in chronic ophthalmia—I believe it will prevent his being able to work—as years go on the contraction will increase—in the course of months he will be unable to close his eyelid over the eye, and so protect it from dust—the wound has nothing like healed yet—if a drop of this stuff had gone into his eyes the sight would have been destroyed immediately.

JOSEPH GODFREY (Policeman K R 52). About 4 in the afternoon of 7th August I was on duty in the Bethnal Green Road—after seeing Joseph Mills I went to No. 65, the prisoner was there—she said "I have been waiting for one of your cloth, I thought he would send you; I did throw vitriol over him, I intended it for his eyes, I wish I had blinded him"

Cross-examined by the Prisoner. You did not say you hoped it had not gone into his eyes, what I have stated were the exact words.

The Prisoner's Statement before the Magistrate. "I have been subjected to a continual source of annoyance and abuse from my brother the whole of the time I have been at home; his language has been of the most disgusting kind at all times; the best remarks I have heard from him were b—sow or cow or mare. About a month previous to this, when my eldest brother was out, ha kicked me in the stomach, and I could scarcely stand for a week afterwards. I complained to my eldest brother on his return, and he said I should have kept out of his way, knowing his violent temper. I said I would give information at Scotland Yard of his betting habits, and the gambling hell he intended to keep at Tottenham. He kept everything from me. I wanted a glass that belonged to my mother, and he took an inveterate hatred to me after that. On the morning of the 7th ha asked me if I intended to give him the glass, I said 'No.' He said, holding a knuckle-duster within an inch of my nose, that he would gouge my eye out if I did not return it About three hours after that, as I passed him he spat a mouthful of fluid in my face, and said,' Now, you b——sow, will you give me the glass V and if I laid a hand on anything there, he would kick my face in. He is a card-sharper and associate of the lowest scums of the earth. He goaded me to that extent that I threw it at him I got the vitriol to clean the scales, not the gloves; my eldest' brother has made a mistake. He was taunting me the whole morning through."

The Prisoner in her Defence repeated in substance this statement, and said that she had no intent in what she did; that she picked up the glass in a moment of passion.

Witness for the Defence.

WILLIAM GODWIN . I am a furniture dealer and live at 10; Gibraltar Walk, Bethnal Green—on the morning of 7th about 5.30 I went to Mr.

Mills to move the things—the prisoner was busily packing up, and so were the brothers upstairs—there was a deal of wrangling going on between all of them—about 9 o'clock there was a bit of a row between her and her brother downstairs about some trifling thing—I saw then struggling together in the corner of the back room downstairs, the prisoner called me to help her, I was upstairs—after that they went on very quietly till about dinner time, when he threatened to throw a pail of dirty slops over her—they were snarling and snapping at one another during the day—about 4 o'clock, seeing a glass of something on the table, I thought it was pale brandy, and I took it up and drank some, and finding I was burnt I ran to the door—the prisoner came into the room as if she was mad, she screamed out "For God's sake, Godwin, what have you done? what made you drink anything like that? you know we never have anything to drink in the home"—Joseph came in about ten minutes or a quarter of an hour afterwards, when I was bathing my mouth—he said "The b——cow meant it for me, not for you"—the prisoner turned to him directly and said, "What did the b—say, that I meant it for him?" and she seemed to loss all control over herself and she threw it all over him—he happened to be going out at the door and it caught him, and caught the wail as well—I could not exactly tall whether it was thrown direct at him—she threw the glass with its contents towards the door and caught his head—she said nothing more to him—she said she was heartily sorry for me, because my mouth was very bad—the was intoxicated—I had known them for about 12 months before this—she was given to intemperance—I did not see Joseph spit in her face, but her face was wetted with spittle; that was in the morning, when they had the scuffle together—there were three pairs of copper scales in the house.

Cross-examined. I saw no knuckle-duster that day—I know it was not pecked away—I Deceived it from him at the hospital to take to his brother, it was in his pocket—I did not hear him threaten to gouge her eye out—she was intoxicated all through the day—I lived next door to them—she and Joseph were always quarrelling—she never had angry words with James, Joseph was constantly aggravating her—I have heard him call her a goodish many horrible names, saying that she had murdered her mother, and it seemed to prey upon her mind.

JAMES MILLS (Re-examined). She has been addicted to drink 10 or 12 years—she was housekeeper with me three years—she was at the Cambridge-ships Asylum at Fulbum, I can't say how long, and also at the Shoreditch Infirmary; her last situation was at Forest Gate District Schools about three years ago—she showed me a bruise on her stomach, and told me how it happened—I spoke to my brother about it, he said she was behind the door and wanted to come into the shop, as he supposed to take the money from the till, and that he pushed the door to keep her back and pushed her down, and that that was the way it happened—they were quarrelling all the day on 7th August—there was six to one and half a dozen to the other—I have heard him call her foul names when she was drinking—our mother has been dead two years—the prisoner came home at my brother's request without my knowledge—I did not see anything of the knuckle-duster on this day—I was taking the things away, my brother and I were going to live together—I had provided her with a room—I am not aware that she claimed any of the furniture, she had all necessary things to furnish a room—she cleaned the scales when she thought proper; she did about the place; the scales

wanted cleaning—I never knew her to have vitriol to clean them with—I never knew of any being in the house—I never told her to get any, she was at perfect liberty to get what she thought proper without asking me—I expect it was her duty to clean the scales, she was there to assist me; she would get what she thought was necessary.

GUILTY on 4th Count. Recommended to mercy by the Jury on account of the great provocation. Five Years' Penal Servitude.

Reference Number: t18791020-951

951. ANN GILBERT (35) , Unlawfully neglecting to provide for a child under her care sufficient food and nourishment, whereby its life became endangered; also for assaulting the said child.


Upon the evidence of the surgeon it appeared that there was nothing on the post-mortem examination to show that the child did not die from natural causes.


For cases tried in the New Court on Tuesday, October 28th, see Essex and Surrey cases.

THIRD COURT.—Tuesday, October 28th, 1879.

Before Mr. Common Serjeant.

Reference Number: t18791020-952

952. WILLIAM JOSEPH BROOKSON (28), ALLEN YOUNG (60), and WILLIAM DEVOIL (41) , Stealing two tons of coals the goods of the Great Northern Railway Company, the masters of Brookson.

MESSRS. GRAIN and GILL Prosecuted; MR. PURCELL appeared for Brookson.

MR. D. METCALFE for Young, and Mr. Willes for Devoil.

DAVID LINCOLN . I am clerk to Mr. Brown, colliery agent, of King's Cross, I know the three prisoners—Young is carman to Mr. Bull, a coal merchant having a siding at the Great Northern Railway Station, King's Cross—Devoil is one of an association of coal porters who have the privilege of the yard and load for the merchants from the trucks—I have frequently seen him working for Mr. Brown—on 6th September I was pasting along Copenhagen Street, Islington, about 1.45 p.m., and saw one of Bull and Co.'s vans, containing about a ton of coals, at the door of the Mitre public-house, and Devoil carrying a sack of coals into the house—I went back to the yard, and about an hour after I saw Young in the yard with the same van empty, and he said "Can you give me a load?"—I said "I thought you were busy, seeing your van outside the gates unloading coals"—he said "I have been doing a load for Bull; I can't do, any more as he has no coal in"—my suspicions being aroused I went to the weighbridge and saw the clerk, Brookson, in the office—after examining the book I said "Who has Young's van gone out for?"—he said "For Bull"—on 8th September I saw Devoil at work in the yard—I said' "Hallo! I thought you had. turned carman, seeing you with a van on Saturday"—he replied "I was only there getting the beer for dinner, and I assisted the man to unload."

Cross-examined by MR. METCALFE. I said at the police-court on 6th September that Young said "I have done a load or two for Mr. Bull"—I may have remembered what was said better then than now.

Cross-examined by MR. WILLES. My office is quite a quarter of a mile

from the coal yard—the Mitre is about a quarter of a mile from the Great Northern gates—I know the men frequent the Mitre and get their dinner beer there—Jennings is the ganger—I do not know that he always employed and paid Devoil, but we did not—I do not know where Jennings is now or whether he is still in the country.

WILLIAM PARKER . I keep the Mitre, Copenhagen Street, Islington—Devoil was there on 4th September, and said "We have got two or three trucks of coals free from dust in, if you want any"—I said "I don't know that I want any at present, but what are they a ton?"—he said "21s., they are as cheap as they will be this year"—I said "You can send me in 2 tons to-morrow"—on Saturday, 6th, Young brought the coals between 12 and 1 o'clock, and I saw Devoil and Richardson helping to carry them in, and when they had done Devoil said "The coals are all in"—I gave them some beer and half an ounce of tobacco each, and paid Devoil 2l. 2s.; he gave me this receipt—I asked him for a stamp, and he said he would bring one from the office in the evening, but he did not—he came in on Monday when he left off work, and I said "You had better sign that receipt, you have not signed it"—he said "Have you got a stamp?"—I said "I have not, and have no one in to send for one; you had better sign it as it is then, that will do," and he signed it—I said "That will do" as Devoil and the gang of porters had dealt with me so long—they had all left their work, and this took place in their presence, and what I said could be heard by the people in the house—I only spoke to Devoil.

Cross-examined by MR. METCALFE. When the coals came I was out and don't know who brought them or whose cart it was.

Cross-examined by MR. WILLES. The gang frequent the house—Jennings, the foreman, employs Devoil, and was present on 4th September when I gave the order—these were the summer prices.

Re-examined. I thought "We" meant Jennings and the gang of coal porters.

WILLIAM RICHARDSON . I live at Copenhagen Street and was employed by Young as carman—he finds horses for Mr. Bull's vans—I have frequently fetched coals from the Great Northern yard—Mr. Bull gives us two tickets torn from a counterfoil in his book—we take them into the yard and draw on to the weighbridge and hand the weighbridge ticket to the clerk and get the van weighed—the ticket bears the number and date and quantity of coals—I then go to the wharf and give the wharf foreman the other ticket, which bears the same number and date, and the gang then load the van—I then go back to the weighbridge and the clerk weighs the van and gives me the lodge-gate pass, which I give up to the policeman at the gate and pass out to deliver the coals—we could not get out without the pass—I went to the yard with Young on 4th September to fetch 2 tons of Mr. Bull's coals to deliver at Clerkenwell Green—Young handed a ticket to Brookson at the weighbridge, and we went to the wharf and saw the van loaded—I did not notice whether a ticket was given to the wharf foreman—the van was weighed again at the weighbridge and Brookson gave us the lodge-gate pass, and the coals were properly delivered at Clerkenwell—on 6th September, between 12 and 1 o'clock, Young told me to fetch 2 tons of coals from Mr. Bull for delivery at Union Road, Tufnell Park—he gave me a weighbridge ticket, and wharf foreman's ticket, and I went to the yard and gave Brookson the weig bridge ticket, and he weighed the van

and gave me the ticket, and I went on to the yard, where I saw Devoil, whom I knew as one of the coal porters—he said "What do you want?"—I said "I want 2 tons for Mr. Bull"—he said "He has got none here; we want 2 tons taken to the Mitre"—I waited While he loaded another van and then he told me to back my van round to another truck which he pointed out to me, and I stood while the van was loaded with 20 sacks of 2 cwt each—I then said "Where is the pass for the weighbridge?"—he said "At the weighbridge"—he said "Take them to the Mitre, I shall be there as soon as you are," and when I got near the weighbridge I saw him coming from the weighbridge—I had to go by the road, but there is a short cut across the metals—Devoil said "All right," as he passed me—Brookson weighed my van at the weighbridge and gave me the lodge-gate pass—I said "Give me back Mr. Bull's ticket," and he gave it me—I gave up the pass at the gate and met Young outside—he said "Where are you going to take the coals to?"—I said "To the Mitre, they are for Devoil and the gang; Bull's coals are not in," and I gave him back the tickets he had given me—he left me; Devoil got to the Mitre as soon as I did and said "That's the place," and went down to the coal cellar and showed me where to put the coals—Devoil carried the first sack in and I unloaded—we had done about half when Young came, and Devoil said to him "You are a good sort to come when the work is done"—Devoil then went away and' Young and I unloaded the rest—then Devoil came back again and he and Young went into the house—I went in afterwards and we all had some beer and tobacco, and then returned in the van together to the Great Northern yard—Young said "We will go and see if Mr. Bull's coals are in; you go and I'll come across and meet you on the siding," and they then walked across the yard, and when I got to the coal yard they were both there—Young said "The coals are not in, we shall go home and do no more to-day"—this was between 3 and 4 o'clock, and I drove out of the yard and put the horses in the stable—on the 8th, by Young's son's direction, I delivered some coals at Tufnell Park from the Oaks Colliery, Cambridge Street—they were Mr. Bull's carts and Young's horses.

Cross-examined by MR. PURCELL. I have worked at this coal-yard for about a fortnight—Young delivered the order to Brookson at the weighbridge on the 4th September, and on coming out Brookson gave me the pass in the ordinary way—I always go to the same weighbridge, and there is only one. clerk there—he weighs the cart and enters it—there are sometimes a number of carts waiting—I have never been to the weighbridge with a wharf order and no weighbridge ticket—I do not know if it is done.

Cross-examined by MR. METCALFE. I had general instructions from Young to take a load of coals if I could get one.

Cross-examined by MR. WILLES. I first went to the coal-yard on 1st September, and had only been there two or three times on the 4th—Young taught me how the business should be done, and was so instructing me on the 4th—on the 6th I gave up the ticket at the weighbridge and went in, and saw Devoil in the coal-yard—he knew I had only been there two or three days—he asked me what I wanted, and then he said ""Mr. Bull's coals have not come, but we want a load taken to the Mitre," and told me to wait—he then took me round to another truck—I do not know that he had been to the weighbridge when I met him on my way out, and said "All right"—he was not there when the coals were weighed—it was dinnertime,

between 1 and 2—I told Young I was going to take the coals to the Mitre "for Devoil and the other men"—I do not remember whether I said "the other men "at the police-court.

Cross-examined by MR. PURCELL. At the police-court on 6th September I said "I passed over the weighbridge going out I gave no pass to Brookson, Devoil having told me that he had arranged that"—that is true—he told ma that when the van was loading—I had said nothing to him before.

JOHN BULL . I am a coal merchant at 40, Wharfdale Road, King's Croes—I have employed Young for some time to deliver coals in my vans, be finding the horses and men—I have a siding at the Great Northern Railway—I keep a hook containing two tickets and a counterfoil with numbers and particulars to correspond—the weighbridge clerk keeps the weighbridge ticket, and the wharf foreman's tickets are returned to me at the end of every week when I pay the wharf foreman for loading my vans—I should not pay him unless the tickets were produced—I then check them with the truck accounts, and destroy them—on 4th September I gave Young this order (No. 1838) to deliver 2 tons of coal at Clerkenwell Green—that order was properly executed, and I produce the wharf-foreman's ticket, which has come back to me as described—on 6th September I gave him this ordes (1844) to deliver 2 tons at Tufnell Park, the tickets for which were returned to me on the 8th and destroyed—I wrote "destroyed "across the counterfoil—it sometimes happens that I am out of coals—the coals to Tufnell Park were delivered from another colliery—I thought I had coals at the siding when I gave the order on the 6th, but about 10 a.m. I found the truck cleared, and the other not arrived—I did not authorise Young to obtain coals to deliver at the Mitre, and knew nothing about that transaction.

Cross-examined by MR. PURCELL. The wharf foreman's ticket does not contain my name—the wharf foreman knows my tickets, and returns them to me at the end of the week, when I check them with the counterfoil and pay him.

Cross-examined by MR. MBTCALFE. I gave Young permission to use my van for his own purposes when we had nothing to do—his contract with me has existed more than five years, and I have been very well satisfied with him—he has always brought his money in all right, and, as far as I know, he has been a perfectly honest man.

Re-examined. I paid him so much per ton—I did not pay him for delivering the coals to the Mitre or the wharf foreman for loading them.

JAMES NORTHOVER . I am a weighbridge clerk in the service of the Great Northern Company—when a van comes into the yard, and the ticket is handed to me at the weighbridge, I sign it, and enter in a book under the heading of the coal merchant, the number of the order, the name of the carman, and the quantity of coals, and then let him go in for the coals—the van is weighed again as it goes out, and it it agrees with the order I give a lodge gate pass—in this weighbridge book (produced) I find entered "Mr. Bun, No. of order 1838, 2 tons coals, Lodge gate pass 1984"—that order does not hear Brookson's initials, but his initials are on the weighbridge ticket—on 6th September, under the head of "Mr. Bull," I find "Young, 2 tons," No. of order 1838, Lodge gate pass 3221, written above 3221 scratched out—I have examined them with a glass, and believe the figures scratched out were 2408—on that day 2276 was the first lodge gate pass issued, and 2275 the last on the 5th—I have searched through the book for

No. 2408, and it is not entered, except where 3221 is scratched out and written over—this (produced) is the lodge gate pass 2408, which is stamped September 6th, and the name Charles Kind, the gate policeman, is on the back—I find that in the proper course of things the pass 3221 would be issued three or four days later than the 6th—the passes on the 11th were 3086 to 3304, so that No. 3221 would be issued on that date—I find there an entry of pass 3521, which appears to have been entered to Messrs. Goring and Co.

Cross-emmined by MR. PURCELL. I have been about 15 years a weighbridge clerk—there are eight weighbridges, and one Clerk at each—there would be 400 or 500 carts in a day at No. 4 weighbridge, and only one clerk to attend to them—he is there from 6 to 5, and takes his dinner while at his post—there is no one to assist him—if I am a man short I cannot go and relieve him during his meals—it is a very busy place, and especially No. 4—the clerk receives the Weighbridge ticket, weighs the cart, and enters the weight in this book, which is the only book he has to keep, and that book is changed daily—I have seen 18 to 20 carts at the weighbridge, and 18 to 20 men waiting to go off in rotation—I never saw the Co-operative Coal Company's ticket-books—they give us a ticket when they come out, which we sign and fill—in Bull's case the Weighbridge clerk initials the ticket, and keeps it, and the carman then goes to the wharf foreman and gives him the Wharf foreman's ticket, and he keeps it to get his money—with other merchants there is only the wharf order, which the weighbridge clerk initials, and returns to the carman to take into the wharf—when the cart comes out the clerk weighs it, and enters the weight in this book, arid gives a pass to the carman usually at that place; a number of carts are waiting to be disposed of—Brooksori has been employed there 5 or 6 years.

Cross-examined by MR. WILLES. Jennings was the wharf foreman at the wharf where the coals were taken from, arid has been wharf foreman a great many years.

Re-examined. Most of the vans go 6ut in the morning, arid about 8 o'clock in the afternoon—dinner time is a slack time for a little while—there is no entry of order 1844 in the weighbridge book on 6th September—there are two weighbridges in this yard—each weighbridge clerk is moved Weekly to another weighbridge; they take it week by Week, and the books are changed daily—no one named George Doyle has coals from the Great Northern Yard—there was a man of that name, but it is three years since I saw him.

By MR. PURCELL. The books kept by the weighbridge clerks are examined by me as chief weighman every morning, and we make out a return specifying the names of the merchants, and the tonnage that has been dane during the day, and that list is sent in to the head office daily, showing what each weighbridge has done—the officials can then see exactly what took place on any particular day—if a merchant goes up he inquires, and similar returns were made on this day.

CHARLES KIND (Great Northern Railway Policeman). I am employed at the goods gate—it is my duty to get a lodge gate pass from each van going out loaded—I Was on duty there on 6th September, and this ticket, No. 2408, was banded to me, and bears my name at the back—it shows that a van went out from No. 4 weighbridge.

FRANCIS FAWLEY . I have lived at 16, Portsmouth Street, Lincoln's Inn Fields, five years—Mr. Grorge Doyle lodged with me from September, 1874,

ill October, 1870, when he died, and since then no coal business has been carried on there—Young visited him once while he was ill.

JOHN HOLLIS (Great Northern Railway Constable). On 15th September I went with Sergeant Miller to the Bang's Cross coal yard from information received and saw Devoil there—I said "We are police officers, and are making inquiries about two tons of coals stolen from this yard on the 6th September; we have heard that you were seen carrying sacks of coals into the Mitre Tavern, Copenhagen Street, on the 6th"—he said "Yes, quite right; I went there to get some dinner beer; I met carman Young there; he asked me to assist him in carrying the coals into the house; I carried four or five sacks; I saw some empty sacks on the ground before I carried any"—I said "Did you see the van loaded, or see it before you got to the Mitre?"—he said "No"—I said "Will you accompany me and Miller to the tavern?"—we went there, and saw the landlord, Mr. Parker—I said to him in Devoil's hearing." We are police officers making inquiries about two tons of coals stolen from the Great Northern Coal Yard on 6th September; we have heard that coals were delivered to you on the 6th"—he said "Yes, I did receive some coals on that day"—I said "Who delivered them, and have you got the receipt?"—he said "That man (pointing to Devoil), carman Young, and another stout man delivered them—he handed me a receipt from a file, and I showed it to Devoil, who said "Yes, I received the order from Mr. Parker for two tons on Thursday; I gave it to Young to do; I signed that receipt, and gave the money to Young at the same time"—the landlord heard that, and said "This is how it occurred. Devoil was in the bar on 4th September, and asked me if I could do with some coals; I asked Devoil what price they were; he said 'They are as low now as they will be this year, 21s. a ton.' I said 'You can send me two tons.' The coals were not delivered till Saturday"—I said to Devoil then "After that statement you must know whose truck the coals came out of"—he said "I don't know anything more about it; when I received the order I gave it to Young to do"—I then gave him in custody—I gave Brookson in custody on 15th October—the other two prisoners had been before then under examination at the police-court, and the matter was in Messrs. Wontner's hands—I had had a conversation with Brookson about this some time before.

Cross-examined by MR. PURCELL. The other two were apprehended on 15th September, and committed for trial on 8th October, and Brookson was discharging his duties while the examination was going on at the police-court—I had seen Brookson at a public-house on 13th September, two days before the other prisoners were apprehended, and I had seen his book before 13th September.

Cross-examined by MR. WILLES. I saw Devoil in the coalyard, and told him we were police officers before I spoke about this matter to him—I went with another, and Devoil was sent for to me at No. 13 office, Mr. Brown's, where Mr. Lincoln is—when I asked him about the sacks he said directly "Quite right," and he said he helpe I Young because he was an old man.

Cross-examined by MR. PURCELL. Brookson was never to my knowledge asked to go to the police court to give evidence—I saw him there once—I had charge of his book.

Re-examined. The facts were all laid before the solicitors of the company, who conducted the prosecution—when Brookson made a statement I took it down in writing—that was before I had arid anything to him about taking him in custody.

CHARLES MILLER (Police Sergeant Y). I was with Hollis when he arrested Devoil, and he was given into my custody—on the way to the police-station I said "That receipt seems to be all in one handwriting"—he said "Yes, Young gave me the note to fill up, as he was no scholar"—I was in the Great Northern yard the same day, 15th September, and saw Young there, and said to him "We are police officers, and have been informed that you received an order for two tons of coals, and delivered them to the Mitre Tavern, Copenhagen Street, on 6th September, and we want to know where the coals came from and who you delivered them for"—he said "I don't know"—I said "Who paid you for the hauling of the coals to the Mitre Tavern, or whom did you look to for the money?"—he said "I have not been paid yet; I expected Devoil to pay me"—I said "I shall take you in custody, and charge you with Devoil, already in custody, with stealing two tons of coals from this yard on Saturday, 6th September"—he replied "All I know of it is this, I sent my man into the yard for two tons of coals for Bull and Co. to go to Tufnell Park, and when he got to the yard the coals were not over; I afterwards met him "coming out of the yard with a load of coals, which he said was going to the Mitre; my man gave me Bull's order back, which I returned to Bull"—I said "Finding there were no coals over to Bull, did you not ask your man where the coals came from?"—he said "No, I understood they were for the men"—I said "What men I"—he said "The coal porters"—I said "Devoil has said that he received the order and gave it to you to do; also that he gave you the money for the coals"—he made no reply—Devoil said to Young at the station "You know I gave you the order for the coals to do; I also gave you the money"—Young made no reply.

Young and Devoil received good characters.

JAMES NORTHOVER (Re-examined). Another man checked Brookson's book—I was out three or four weeks relieving a man on his holidays.


BROOKSON strongly recommended to mercy by the Jury.— Fifteen Months' Imprisonment.

YOUNG— Eight Months' Imprisonment.

DEVOIL— Twelve Months' Imprisonment.

Reference Number: t18791020-953

953. PHILIP HUNT (33) , Unlawfully conspiring with other persons unknown to obtain from Walter Hallatt divers moneys and property, with intent to defraud.

MR. RAVEN Prosecuted; MR. WILLES Defended.

WALTER HALLATT . I am an oilman, at 63, Cannon Street Road East—on 20th August I was in Aldridge's yard, St. Martin's Lane, and saw the prisoner and another man, who in the prisoner's presence said to me "Will you just come out and see a horse at the back; these men want to buy it; they say the horse is 10 years old; it was only five when I bought it, and I have had it nine months, therefore it cannot be more than six; would you mind coming round to see it?"—I said "All right"—I had had no conversation with them before—I went round to a place in Newport Market, Prince's Road, at the back of Aldridge's, leaving the prisoner in the yard, and when I got there I found the owner of the horse and the prisoner and another man together, but do not know how they got there—I do not know the neighbourhood—I was taken to a shed, and the three men were bartering about the horse—the owner wanted 25l. for it, and the prisoner offered, him 18l., but he would not sell it on any terras, as he

paid they hud cheated him by charging him with the trap to try it in for two hours during the day—they all three wanted me to Buy it, and the prisoner said 'If you will buy it for 22l. we will give you 23l."—I said "I will not have anything to do with it,; get one of your own men to buy if—he said "If one of our own men got hold of it he would not turn it up to us again, finding it was such a good one; besides, it is no use us trying to buy it, the man won't sell it to any of our men"—he said this in the owner's hearing and the others' in the shed—eventually the prisoner and the other man said "If you will buy it we will give you 3l. for buying it, as we want it for a traveller's trap in Canterbury to-morrow, and it must go away to-night"—the owner was still in the shed, but not in earshot, but it was said again afterwards in his hearing—I did not agree to it then, but they fetched me round there again shortly afterwards—they fetched me from Aldridge's five or six limes, and kept repeating the offer till it got from 1l. to 30s., then 2l., until it reached 3l., the premium they were to give mo for my foolishness, and I said "Well, I'll give it you," and I paid the money in cash to the man as we were walking together from the shed about 20 yards from the Cock public-house, and we all went in together, and the seller asked for pen and ink—the prisoner's friend said to him "I'll be back in a minute, Tom; stop there," and went away—the seller of the horse instantly handed me the receipt signed in the name of Smith, and then he went and the prisoner followed him immediately, and as he was leaving I said "Where are you going?"—he said "The master is at the next public-house; you had better come down there and have it settled, but first look after the horse"—the horse was in a shed about 20 yards away—I went to the next public-house, but saw none of the three there—I did not follow the prisoner as I had the horse to look after—I thought I had better take the horse, as I could see it was a sell—I took it down the court and led it rouud to all the public-houses I could find to see if I could find the men—I took it to Aldridge's and explained matters to Mr. Freeman, and it was put up for sale next day and fetched 4l. 15s.—I next saw the prisoner on 11th September standing against a wall in Stapleton's yard, Bishopsgate, talking to another man—I started to fetch a constable—as I passed him he paw me and turned round arid made for the street—I followed him closely and gave him in charge—I had been to Aldridge's almost every sale day since 20th August to look for him, but never saw him—I have not the slightest doubt he is the man—I parted with my money because the man who was selling the horse appeared to be a gentleman, and was dressed well and spoke well—he said his conscience would not allow him to take the money these people had offered him—I was induced to part with the money first because I thought I was doing the man a service and secondly because of the temptation of 3l. premium. (MR. WILLES submitted that no false pretences were proved, and therefore no ease for the Jury. The COURT ruled that as the indictment was for conspiracy with intent to defraud there was a case for the Jury.)

By the COURT. I should not have bought the horse but for the statements made, and I considered it a bond-fide transaction.

Cross-examined. This was a sales day at Aldridge's—I went there because I had a horse there for sale—I did not go to buy, and am not a judge of horses particularly, but have kept horses for years—this horse was placed amongst five others, and they were closely packed together, so that even if I

were a good judge I could not get at it—when I got the horse out I found it was broken-backed, and could hardly cany its hind-quarters—I thought I was going to make 3l. out of it—the bargain was Mads in the owner's presence, and I was foolish enough to believe the statement—I should know the prisoner anywhere, and I should know the other two men.

SAMUEL CARTER (City Policeman 942). I was on duty in Bishopsgate Street on Thursday, September 11th, when Mr. Hallatt pointed out the prisoner to me, and I said, "There is a warrant out for your apprehension," and he said, "I know nothing about it"—the warrant was read to him as the station, and he repeated, "I know nothing about it"

GUILTY .*— Four Months' Imprisonment.

OLD COURT.—Wednesday, October 29th, 1879.

Before Mr. Recorder.

Reference Number: t18791020-954

954. ROBERT JAMES KENWORTHY (27) , Feloniously forging and uttering an acceptance to a bill of exchange for 120l. 19s. 6d., with intent to defraud.

MESSRS. GRAIN and MORICE Prosecuted; MR. RAVEN Defended.

JAMBS LANGER . I am a tailor, of 9, Beak Street, Regent Street—Mr. Kittier is my nephew—about December, 1877, he was desirous, in conjunc tion with the prisoner, of taking over the business of Tatham and Co.—they bad been fellow-clerks in the firm; Kittier was traveller—to assist him I advanced him 500l. to form the capital of the business, and the prisoner was to find a like sum—about 4th or 5th March last the prisoner called on me and said that they were very much, pressed for money, would I discount the Kills that he had with him to the amount of about 500l.—I did so—amongst them were these two (produced), one for 120l. 19s. 6d., dated 27th January, 1879, at four months, drawn by A. J. Tatham and Co. on James Robinson and accepted by him, and endorsed A. J. Tatham and Co., and the other for 3l. 3s. 4d., dated 17th January, 1879, at three months, on Joshua Atkins, accepted by him—I passed those through my bankers, and they were returned to me unpaid, one marked "Refer to acceptor," and the other, "Not provided for"—upon that I saw the prisoner and said, "This bill has been returned"—he said he would see me righted in all money matters concerning it, and he sent me this cheque of his own for 120l., signed "R J. Kenworthy and Co."—I suppose that was for the 120l. bill that was dishonoured—I paid in that cheque, and that was returned marked, "Refer to drawer"—after this he brought me other bills; some of them were dishonoured, and afterwards, from information I gathered, I thought it my duty to institute these proceedings—I am a loser by the bills alone about 300l

Cross-examined. I am not aware that the business of Tatham and Co. had fallen into difficulties; I understood that the business was too much for Mr. Tatham to carry on, and that be had disposed of a portion of it—I think I heard that before they took it over it had fallen into difficulties—I advanced the 500l. about the end of last year, and that was the first advance I made to my nephew—I afterwards advanced on the bills I have described—I did not make any further advance to my nephew, but to the prisoner, I think altogether about 200l. or 300l. and more, besides these diecounts—altogether the firm of Kittier and Co. is indebted to me about 1,900l., as near as can be—I think this bundle of hills was handed to me on 4th March

—I knew nothing of the internal arrangements of the firm—I knew no one except the prisoner and my nephew—I did not know a clerk named Arthur at that time; I knew him afterwnrds—these two bills of Robinson's and Atkins's were in the bundle handed to me, and on those bills I advanced about 500l. more discount—most of those bills were dishonoured—after that the firm still obtained further advances from me—they traded under the name of Tatham and Co. for about a year and eight or nine months—the prisoner changed the name of the firm some few months ago, for what reason I don't know—I did not see my nephew respecting it till afterwards—he was a partner at that time, no doubt—the partnership is now dissolved; I think it was before the date of this cheque (2nd August) that the firm became Kenworthy and Co., but I am not positive; it is signed "R.J. Ken worthy and Co."—perhaps that was the name they were trading under at that time, but I really cannot tell you—at that time they owed me a considerable sum—no doubt this cheque was given me by the firm to pay off part of that sum—I knew they wanted money because they came to me for the discount, as they could not get them done at the bank—my nephew brought me this cheque; I had some correspondence with the firm befoie it was paid—I wrote for money several times—I cannot tell, the exact date when I knew that this bill of Kobinson's was forged; I think it was about 7th or 8th September—that was the first time I knew anything about it, and I immediately took proceedings—I heard lately that the firm was in Chancery, that there was a dissolution of partnership—I believe my nephew applied for it; I don't know when it commenced—I was quite ignorant of what was taking place at the time—I have offered a composition to the creditors of the estate; I said I would give 10s. in the pound for it; I agreod to take over the business on that—I have not heard anything of it since.

Re-examined. I want to assist my nephew if I can.

JAMES ROBINSON . I am a builder, of 2, Pembury Villas, Gladstone Road, "Wimbledon—I was a customer of the firm of Tatham and Co.—the acceptance to this bill of 27th February is not mine, or any part of it—I never gave any one authority to draw that bill upon me—I did not know of its being drawn and put into circulation—on 27th February I was indebted to the firm about 25l. or 30l

Cross-examined. I have been a customer of the firm for some time, and had frequent dealings with them—Mr. Kittier brought the bill to me about the 7th or 8th September; that was the first time I saw it—I know a clerk in their employ named Arthur—I am clear that he never brought me that bill at Wimbledon to get my signature—the signature is something like mine; it certainly is not mine—I don't think I am in difficulties at present—I have not offered a composition to my creditors; I have offered them in full, to be paid in about a year and nine months.

JOSEPH ATKINS . I am a builder at Slough—I have been a customer of the old firm of Tatham and Co. for years, and I went on with the new one—there was a current account between us unbalanced—I was in the habit of accepting for them—the signature to this bill for 31l. 3s. 4d. is not mine I gave no authority to any one to write it—I first heard of its existence about six weeks ago—the first time I saw it was at the police court, Marlborough Street.

Cross-examined. I did not hear from the bank that it had become due

that I am aware of—I don't remember it; I was told at the offiee that there was a bill, and I stated that it was not mine—I can't tell whose writing this is, I don't know

GEORGE ARTHUR . In January last I was clerk to the firm of Tatham and Co.—on 17th January I recollect this piece of paper being placed before me by the prisoner, my employer—he said "Write the words accepted payable at the London and County Bank, Slough, and sign it Joseph Atkins"—I did so, and handed it to him, and he called me a b—fool for doing so, for writing Atkins's name, and said "It is useless to me"—he attempted to throw it in the lire, and I knew no more of it till about three weeks ago—the name Joseph Atkins is in my undisguised handwriting—he looked at it and said it was useless to him because I had written it in my own handwriting, undisguised; he said so—I thought he threw it in the fire—I recollect this piece of paper, dated 27th Febuary, being place I before me by the prisoner—he said "Can you imitate James Robinson's signature?"—I said I would rather be excused, or made some demur about it, and he snatched it away from me and said, "Perhaps I had better do it myself"—he then dipped his pen in the ink and went on the other side of the desk and wrote something across the front of it, in my presence—his younger brother, Henry Lawrence Kenworthy, was also present—I had seen the prisoner draw out the body of the bill, and he asked his younger brother to write the words "accepted, payable" across it, and he did it; that was before I was asked to write the name—I was in the office on or about 30th June—in the morning, when Mr. Kittier came into the office, the prisoner said "Mr. Kittier, have you got any money," or something to that effect—Mr. Kittier said "No; for why?"—the prisoner said "There is a bill of Mr. Robinson's falling due as to-morrow which will have to be taken up by us"—Mr. Kittier pressed very much to know why, and the prisoner replied "Simply because I have signed the man's name"—that was all I heard.

Cross-examined. I was a clerk in the office under Mr. Tatham when he carried on the firm, and I went over into the new firm—this is the first time I have written names on bills—I have never written a name across any bill but this one, neither by the prisoner's instructions or any one else's—Robinson's bill was drawn on the 27th February, by the prisoner—I saw it drawn in the office, and he asked his brother to write the words "accepted payable" across it—he did not hand the bill to me first—I knew Robinson well, and where he lived—it is not true that the prisoner handed the bill to me and told me to go to Wimbledon and get the signature—I did not leave the office with the bill and return with it next morning, drunk—I was not, in the presence of two other clerks, severely reprimanded by the prisoner; it is all false—he did not ask me why I had not obtained Robinson's signature—I was not sent that same afternoon, accompanied to the station by one of the prisoner's brothers, to see that I went to Wimbledon; it is all-false—I did not know at that time that he had arranged to have the bill discounted as soon as it was drawn; I did not know anything about it—Henry Lawrence Kenworthy wrote the words "Accepted payable, etc.,"—without the signature—that was not a usual custom in the office with builders, not without the acceptor was present; I swear that—I can't say anything about the men's education—it has not happened before me that the words "Accepted, payable, &c." have been written in the office that I swear—I was not examined at the police-court, I was present—only I and

the prisoner were present when I wrote Atkins's name on the bill—I am now clerk to the receivers of the estate, Lee, Son, and Co., at Paddington, to assist the creditors—I have been out of the prisoner's employment for a fortnight, that was just about the time these proceedings were commenced—the prisoner had never called me a fool before—I have always been very friendly with him and with Mr. Kittier; of course my living depended on both of them—there has never been any difficulty between me and the prisoner in regard to signing a cheque; I signed a cheque, I believe, one Saturday evening late, to pay the wages, and that was in the presence of the prisoner's younger brother—I was not forbidden to do it—I had not the power of signing cheques for the office—I did sign a cheque with the firm's name, pro my own—Mr. Kittier was present at the time, but he did not tell me to do it.

JAMES ROBINSON (Re-examined). The words "Accepted, payable at the London and South-Western Bank, Wimbledon," on the whole of these bilk given to Tatham and Co. (looking at several) were written by me in addition to the signature.

JAMES HENRY KITTIER . I was in partnership with the prisoner, and my uncle found the capital—I first saw this bill of Atkins's at the beginning of this month; I knew nothing of it before—I first saw Robinson's bill at the beginning of September—I recollect being at the office at the end of June when the prisoner and Arthur were there; the prisoner asked me if I had any money—I said "No"—he said "You must collect some"—I said "What for?"—he said "A bill of Robinson's is coming due which will have to be taken up by us"—I said "Why not take it up himself?"—he said "We must take it up, because I do not want the bill to be presented"—I said "Why?" and I pressed him why—he then said "Well, I must tell you that I signed Robinson's name myself"—of course I was very much upset, and I said "Good God, how could you do such a thing as that"—I had no idea where the bill was; I don't think he said where it was—I went straight out of the office and did not see the prisoner for four or five days afterwards—I then said "What about Robinson's bill?"—he said "Oh, it is all right"—I said "It is a lucky job for you"—at the beginning of August I saw Mr. Aston and had a conversation with him—I afterwards saw the prisoner and told him that Mr. Aston had been to the office and said that some one had forged a bill of his, or forged his name to a bill, and that I had told him it must be a mistake—the prisoner said "It is all nonsense; any way it will have a job to be proved, as the document is destroyed"—I told him unless we stayed proceedings Aston was going to enter an action against us for forgery—after that I saw my uncle and he showed me this bill of Robinson's among a lot more—the words "Accepted, payable at the London and South-Western Bank, Wimbledon," are the writing of the prisoner's brother Henry, who was a clerk in the office—the drawers' names, "Tatham and Co.," is the prisoner's writing, and also the endorsement—I don't know about the "James Robinson," I have never seen that writing before, although it resembles the prisoner's, that is all I can gay—I took the bill and saw Mr. Robinson, and in consequence of that I communicated with my uncle and these proceedings were subsequently taken—I did not see Atkins's bill till after the prisoner was arrested—the body of that acceptance is the prisoner's writing, the "Joseph Atkins" is Arthur's, the drawing and endorsement is the prisoner's.

Cross-examined. I went into partnership with the prisoner as Tatham and Co. at the latter end of 1877—niy uncle gave me 500l. to start the business; at first there was no deed of partnership; it was drawn up on 16th February—I first heard of this bill of Robinson's on or about Jane 30th, when this conversation took place—I did not know that the bill was iu my uncle's possession; I did not know where it was; I did not ask; I know now that it was in my uncle's possession—I knew that he held a great number of bills—I said nothiug to him—he has advanced something like 1,900l., not altogether on the security of those bills; the prisoner got acceptances from him as well; I knew that he had discounted bills for us, and that a large sum was due to him from the firm, but I did not know that the bills were backed by him till long afterwards—the bills were discounted through him, he was not actually discounting them—the body of Atkins's bill is in the prisoner's handwriting, and the endorsement also—the acceptance is Arthur's, the clerk's; I have not the slightest doubt about that—we traded under the name of Tatham and Co. until the last few months—the prisoner altered the name himself without my sanction, perhaps three or four months ago; it was then R. J. Kenworthy and Co.—the prisoner told me that Mr. Tatham objected to his name being used any longer—the firm is in Chancery now to wind up the accounts—I believe I have got a dissolution—I applied to the Court just after I found that this bill was a forgery; it would be, I suppose, about the middle of September, I applied for a dissolution and for a receiver to be appointed; at the first my solicitor named me as receiver and I was appointed—the other side appeared; the prisoner objected to my being receiver, and I am not receiver now; I am still on the board.

JAMES O'DEE (Detective Sergeant). I held a warrant for the prisoner's apprehension, and on 30th September I saw him in Westbourne Grove—I told him I was a police constable and had a warrant for his arrest—I read the warrant to him—he said "I shall be able to explain it"—he asked permission to give his umbrella, which he was carrying, to his brother, who was outside the cab—I said he might do it, and at the same time he handed some papers out, which I succeeded in getting; there was a scuffle for the possession of them, and some persons who collected picked them up—amongst them there are some pawn tickets and blank acceptances and other bills.

Cross-examined. I have the warrant here; it was taken out on 29th September, and executed on the morning of the 30th.

Witnese for the Defence.

HENRY LAWRENCE KENWORTHY . I was a clerk in this firm with my brother—I remember the 27th February; I don't think Robinson's bill was signed on that day, it was a day or two afterwards; I was in the office when it was drawn out, I can't say when it was, it was about the 27th; the,. drawer of it, the prisoner, and George Arthur were there—a number of other bills were drawn out at the same time—when Robinson's bill was draws it was given to Arthur to take to Robinson's, at Wimbledon, to get it accepted; that was the day it was drawn—he left the office with it to go, but he did not take it that day—he did not come back to the office that day—I saw him next morning; he had the bill with him then, it was not accepted—I was in the office by myself when he came in—I asked him for the bill—he hesitated a few minutes, and then he told me that he had hoi

got it accepted, but he would go again with it—t told him he had better wait till my brother came in—my brother came in, it might be an hour afterwards—he asked for the bill—Arthur did not make any answer, he kept quiet, he never said anything—the prisoner said "If you have not got it accepted you had better give it to my brother and let him go and get it at once"—Arthur said he would go down to Robinson at Wimbledon that afternoon or evening—the bill was given to me across the desk by my brother Charley and I Wrote across it "Accepted payable at the London and South Western Bank, Wimbledon," and then handed it to Arthur—at that time the name of Robinson was not on the bill; that I am certain of—Arthur said he would go round that evening with it—my brother Charles left the office with him—next morning Arthur brought the bill into the office, he offered me the bill—I said I did not want it then as I was going out—he said "I have got the bill accepted and you had better take it"—I looked at it, and it was signed "J. Robinson"—he kept it and gave it over to my brother with a few other bills—I saw the bill again that day; I put it and other bills out on my brother's desk for him to endorse; he came in about 5.30 I think and he endorsed the bills, a lot of them put together, and Arthur went with them to Mr. Landers—when Arthur returned the first morning with the bill he seemed as if he had been drinking—I have been in the office two years; I have seen him in that state many a time—my brother told him on this occasion that he would have to leave if he did not behave himself and alter from the way he was going on; and he said he would be better in future, and would not drink.

Cross-examined. We keep a bill book in the office, I cannot tell where it is, I last saw it when I left it in the desk, I can't say for certain when that was—I left the employment about two months or six weeks ago—I can't say for certain, I don't know that I have left yet, until the break up—I am not at work there under the receiver, Arthur is—I left the bill book in the desk—I believe this bill was entered in the bill book, I can't say for certain, because I did not enter the bill book up myself, the prisoner did—I have seen the bill book—I don't know that this bill was never in it, I expect it was put in with the others, they were all entered together—I believe Atkins's bill was in, I believe they were all put in together—I did not look in the bill book myself; there was something like 500l. of bills sent away together; they were all entered up at the same time—I expect that Atkins's bill would be entered with the others; I will swear it was—I have a brother named Claude Ernest, it was Charles Joseph who was at the Middlesex Sessions a day or two ago—he was charged with obtaining money under false pretences, on a false charge, as Mr. Cox said—it was in reference to a bill—I do not know Mr. John Ray, a solicitor—I never heard of him—I know Mr. Hartwell—my brother and Mr. Kittier have had transactions with him; I have only done so through the firm, being a clerk there; he has bought goods of the firm—a bill for 199l. 12s. 6d. was brought to my brother to get discounted by Mr. Hartwell—he did not discount it, he did not turn it into coin; Mr. Stewart's brother has it, at least Kearsey, Son, and Hawes—Stewart's are slate merchants and creditors of my brother to the amount of between 600l. and 700l.—my brother left the bill for 199l. 12s. 6d. with them to discount and hand him the proceeds, but when the noise occurred Mr. Stewart said he would not give the bill up until he gave it up to the right man; that is Mr. Hartwell.

The Jury here dated that they could not believe this witness.

GUILTY .— Eighteen Months' Imprisonment.

Reference Number: t18791020-955

955. ANN BANKS (26) , Stealing two pairs of boots the goods of Thomas Green.

MR. MORICE Prosecuted; MR. WILLES Defended.

MARY ANDREWS . I am shopwoman to Mr. Thomas Green, bootmaker—on 14th October, about 5 p.m., the prisoner came to the shop, and asked for a pair of 13 boy's laced boots—I looked, and told her I did not think we had a pair, and I showed her a pair of spring sides at 7s. 6d., and asked her if they would do—she said "Yes"—I turned to get another pair, and saw her taking this other pair from the nail—I caught hold of her, and took her into the back room, and said "I caught you stealing a pair of boots, and I shall send for the police"—she said nothing, and I sent for a policeman, and gave her in charge.

Cross-examined. I was standing behind the counter—the prisoner would not stand in the middle of the shop, but kept getting near the wall where the boots were hanging—I pushed her into the parlour, and the boots were left in the shop on the floor, and she dropped another pair of boots out of her apron.

WILLIAM HICKS (City Policeman 968). I was called to the prosecutor's shop, and took the prisoner in custody—I saw two pairs of boots lying on the floor, and was informed in her presence by the shopwoman that she had had one pair in her apron before she noticed her, and was taking down another pair from the nail when she saw her—I charged her with stealing two pairs of boots—she said "I did not intend to steal them"—she was searched, and only 2s. 4d. found upon her.


The prisoner was further charged with having been before convicted of felony at Middlesex Sessions on 1st July, 1878, and not replying to the charge a plea of

NOT GUILTY was entered.

ANN WILTSHIRE (Warder). I was present at the trial, and produce the certificate—the prisoner is the same person, and was connoted on her own confession for stealing a pair of trousers and a jacket the property of Samuel Walker from his shop.

GUILTY**.— Five Years' Penal Servitude.

NEW COURT.—Wednesday, October 29th, 1879.

Before Mr. Common Serjeant.

Reference Number: t18791020-956

956. AMELIA LEE (28), THOMAS McGIVAN (36), and ARTHUR BROCK (29) , Stealing two boxes, two rings, five chemises, and other articles, and 3l. 10s. in money, the property of Lily Gibson.

MR. RAVEN Prosecuted; MR. A. B. KELLY Defended McGivan.

LILY GIBSON . I am a domestic servant—on 16th September I came upto London from Great Redesham Vicarage, in Suffolk, by the Great Eastern Railway to Liverpool Street, where I arrived about 12 o'clock—I deposited my boxes in the cloak-room, and paid 1d. for the ticket—I bad not been in London for nine years, and then only for part of a day—I did not know my way about—I went to the restaurant near the station, and had my dinner—I then went about the streets, and during the afternoon I met the prisoners, but I have no idea where—I pulled out my handkerchief in passing them, and dropped a silver pencil case; I picked it up, and Lee said to McGivan

"I think that young person has got some drink"—I said "No, it does not always follow if people meet with an accident that they should be drunk, but if you want a drink you can have it"—that was without their asking for it—we then went into a public-hoose, and I treated them—I had three of brandy hot, and they had the same—we then had another brandy, but I had port wine the next time—I then suggested that we should go and have some supper, but McGivan said "No, it is better to go home, you can sleep with my wife as you are a stranger—he had said in the public-house that he was an Irishman—I went home, and slept with Lee at 23, Athol Street, East India Dock Road, and in the morning I awoke at 6 o'clock, and missed my purse—I had given it to McGivan in the 'bus going home, but he gave it back to me, and afterwards I dropped it on the floor of the 'bus—he picked it up, and kept it, but in the morning I thought I had put it under my pillow, and I said to Lee "Where is my purse?"—she said "It is all right, Tommy has it"—I said "Where is he?"—she said "At his lodgings"—Lee and I went there; it was in Albert Street, No. 5—he was asleep, the landlord awoke him; I asked him for my purse, and he gave it me—there was only a piece of lace and a key in it then—I cannot say how much I had in it—I spoke to him about it, and he said he spent a good deal last night, and he did not think I had much in it—Lee said "What have you done with the ticket of the girl's boxes?"—he said "I don't know; I may have lost that, perhaps I lit my pipe with it"—we three then went to the cloak-room—we got there at 9 a.m., and saw my boxes in the window—the man in charge said I was to go to the superintendent's office—we three went there, and I said that I had left two boxes on the previous evening, and had lost the ticket, could I have a second?—he said "Yes," and asked me my name, and the name on the boxes, and asked me to describe them, and sent a clerk with me to get the second ticket, which was handed to me, and I signed for it in the book—I was going to put it in my glove, and McGivan said "To prevent accidents this time just give it to Milly, she can keep it better than you," and I gave it to her—McGivan paid 4d. for it—we went into the street, and McGivan said "Now your money is gone, and you are a stranger, you can stay with Milly till such a day"—we then went to see the sights of London, and at last I found myself in Guildhall Museum—I was looking at one side of a glass case, and they were looking at the other side, when Brock came to me, and said "Can I show you anything?"—I said "Yes, I should like to see anything more that is to be seen"—we then went to Guildhall Police-court—when we came out McGivan appeared to be sick, and sat down and leant his head on Lee's shoulder, and Brock, who came out of the museum with us, said to me "Do you know the people you are with?"—I said "No, I only met them last night, but they have been friendly with me," and told him whit had happened, and that I had lost my pencil and purse—he said "I am afraid you have got mixed up with a bad lot"—Brock and I then went round the corner into another street, leaving the other two sitting in the poreh—I then met a male cousin, tod Brock left me—from what he said to me I went to the cloak-room, and saw my boxes in the window—I went to the superintendent's office, explained the case, and asked him if he would give me another ticket—I was at the superintendent's office half Or three-quarters of an hour, as I had to wait at the door, and when I got back to the cloak-room my boxes were gone—my cousin Walter Hadgist went with me to Poplar Police-station—we got a policeman, who went with us to the house

I slept in the night before—the policeman stayed in the hall; I went upstairs, and Lee said "You have come back," giving me my pencil, which could not be found before—I said "I did not come for this, I have coaid for the ticket of my boxes"—she said "I know nothing of it, a man has it"—I said How did the man know you had it?"—she said "He came and told me I was to give it to him"—I said "If you give me my boxes, or tell me where they are, there will be nothing said"—she said "I know-nothing about them?"—the policeman came up, and I said "I will give you in charge for the illegal possession of my boxes"—she said "You can't"—she was taken in custody—my boxes contained my clothes, two gold rings, and 3l. 10s. in gold—these two dresses, nightdress, drawers, handkerchief, three chemises, and skirt are mine—they were brought to the station by a pawnbroker—I examined my boxes at the station the same evening, sad found some of my clothes there, but my purse which had had 3l. 10s. in it was empty, and the rings were gone—I gave McGivan in custody at his lodging in Oiliver Street, he was asleep on the floor—I next saw Brock at Poplar Station.

Cross-examined by Lee. I have no idea where I met you—it was brandy we had—I cannot distinguish between brandy and whisky by the taste, bat it was brandy I paid for—I said I was going to Charing Cross Post-office to telegraph to my friends in Ireland—McGivan did not say that I was not tit to go; I did not ask him to take me with him, and he did not say he could not—I asked you in the morning why you were in one lodging, sad your husband in another—I did not say I met. a gentleman who gave me my dinner, and I was to meet him in half an hour—I paid for my dinner—I did not say I had come to London as a fly one—McGivan said that—I did not throw up my hands, and say "I am A I at Lloyd's"—I don't know the meaning of it—you did not pick up my purse and say "Excuse me, if you lose your purse you will loser your two boxes," nor did I open it and say "No, dear, I have nothing to loss, only a lew shillings, bat. I have plenty of clothes in my boxes, enough to get 40l."—your landlady said she was disgusted with you, and you should leave on Saturday—you did act say your husband would come home in five weeks—you led me to understand that McGivan was your husband.

Cross-examined by MR. KELLY. I am from Armagh—I have only been in England since July—I only got out at Colchester and had a sandwich on ay way from Suffolk to London; I had nothing to drink—I was not in any public-house before I went to the restaurant—what I had there was haunch of mutton, French beans, tod potatoes, a glass of porter, soma green gage pudding, and then I had a glass of wine ami finished with grapes and a pear—I was there an hour—I don't know what time I left—I then went out and made inquiry for Charing Cross—I did not know the streets—I swear I was sober—I can't tell you where I first stopped or where I met the prisoners—it was twilight when I met them—I had bean walking through the streets for three hours, admiring things in the windows—that was not dry work as I did not feel thirsty—I went to a railway station; I can't say where; I went into the waiting-room but not into the restaurant—I dropped my pencil-case at the door of a public-house—the prisoners passed remarks, and I felt indignant, but being a stranger I did not know what to do, and to show them I was not drunk I offered to treat them—McGivan said he was an Irishman," and I said "There is nothing too good for you"—I cannot say that I was sober after I had had the two whiskies or brandies;

and the port wine, but I was not drunk; I remember everything—I was in as full possession of my faculties as I am at this moment, but felt my head a little giddy—I do not know where the public-house was—I did not go to Charing Cross—I was making inquiries for Charing Cross when I met these people, because I had got the name of the Post-office there—I cannot tell whether this was in the Haymarket—I had my purse in my hand when we got into the omnibus and dropped it—McGivan picked it up and handed it to me, but I said it was better for him to have it because I wanted him to pay the fares of us three out of my money and not out of his own, but in the morning I forgot that and searched under my pillow for my purse, that being my usual place to put it, but I do not say that that was through being so much under the influence of drink—I swear that McGivan told me Lee was his wife—he did not say that she was the wife of a man who was away at the time—Lee and I got to McGivan's lodging about 7 am—we had no drink before that, but when he left with us we had a pot of porter, and I took a sip out of it—I don't think it was 8 o'clock then—I had nothing to eat—we had no more refreshment till we had been about the boxes and got the new ticket, and then we had a glass of beer and some bread and cheese—I had had no tea or coffee that morning—Brock had spoken to us first outside the hall—he afterwards went with me to show me Bennett's clock, as I did not like to stand by McGivan with his head on a woman's shoulder—my cousin lives at 36, Florence Gardens—I did not go to him when I came to London because I did not know where he lived—I next saw my boxes after they were made away with in a coffee-house in Poplar, broken open—I came to London in search of a situation, and not for pleasure—I had been paid my wages.

Cross-examined by Brock. I think you spoke first—we all four left Guildhall together and went to a public-house—I had nothing there, but I gave you a pot of ale—I did not ask you to show me Holborn Viaduct—I did not know there was such a place—you told me to go to a clergyman, as I had fallen in with a bad lot—I did not ask you the way to Liverpool Street Station, as you had to meet a gentleman there who you had come to town with.

Re-examined. When McGivan said that he came from the same county as I did, he said that he knew my father, and he said, "My girl, I know every hair in your head"—I believed what he said because he mentioned a great many people at home who he knew, and who I knew also, and therefore I placed confidence in him, and thought I was quite safe with him—my cousin attended at the police-court, but was not called.

GEORGE WILLIAM LOVELOCK . I was at this time cloak-room attendant at the Great Eastern Station, but have resigned—on 17th September at 8.30 a.m. the prosecutrix came to me for a fresh ticket, and I referred her to the superintendent's office—she returned about 9.15 with the superintendent's clerk, and Lee and McGivan—the clerk said, "Will you allow this young person to sign for the lost ticket, and give her a fresh ticket for her boxes?" 1s. was tendered to me, I cannot say by whom; I gave her the change, and said, "Be careful and do not lose that, for anybody producing that can get your boxes."

JAMES SIMPSON . I am another cloak-room attendant at the Great Eastern Railway, Liverpool Street—on 16th September about 12 o'clock the prosecutrix left these two boxes there, and I gave her a ticket—she came

again next day about 1 o'clock by herself, and again about half an hour afterwards with Lee, and I suppose her cousin, but I have not seen him since—I did not give her another ticket, as her boxes were gone—I was in the cloak-room when Brock and Lee asked for the boxes on the 17th about 12.30—I do not know which of them produced the ticket; they came up together.

HERBERT BROWN (City Policeman 157). About 3.30 p.m. on 17th September I was on duty in Liverpool Street, and saw the three prisoners in Eldon Street—having received information, I said to Lee, "What does this mean; what is the matter here?"—these two boxes were on' the footway, and Brock was cording up the small one—Lee said, "Only the lid of my box has come undone as we came along the street, and this man is cording it up for me, and they are carrying it to the railway-station, and we are going to Poplar," or, "I am going to Poplar"—Brock finished cording up the box, put the small box on his shoulder, and Lee and McGivan carried the other box between them by the handles to the North London Railway Station—I saw them go in and take their tickets, and they did not come oat—I saw the name on both boxes, "Lily Gibson, passenger to London."

WILLIAM MILROY . I am barman at the Cooper's Arms, Sun Street, Finsbury, which is about five minutes' walk from Liverpool Street Station—on 17th September a little after 3 I saw the three prisoners with the two boxes produced—they left our house a little after 3 o'clock—I followed them to Broad Street Station, and on the way saw them put the boxes on their ends at the corner of Eldon Street, and Brock corded one up—I saw them go to the North London Station.

HENRIETTA PETES . I am barmaid at the Cooper's Arms—I was not present whan the prisoners came into the house on the 17th, but I saw them a few minutes afterwards, about 2 or a little after—one of them called for a pint of ale, and Lee said she had come from the country, and had lost the key of her box—they had these two boxes with them in the private bar—Lee asked me to lend them a key to undo the. boxes, and the housekeeper lent her a bunch—I left the bar, but I believe none of the keys fitted—a pair of pincers was then asked for, and the housekeeper gave them to them—I went to my dinner, but having to go into the bar for a glass of ale, I found that the male prisoners had left, and Lee was sitting on the lid of the large box—I do not think they were tied up, I saw no cord on them; she got up, and the lid gave way, and I saw the eatch projecting; it had been undone; this was the larger box—the two men came back and called for ginger beer and ale; they all three drank together, and then went away with the boxes.

Cross-examined by Brock. I have known you for four years, and know—nothing bad of you.

ISABELLA STRIDE . I keep a coffee-house at Poplar—on Wednesday, 17th September, McGivan opened the door about 4 p.m., and two other men came in with two boxes—he took them from them, put them down in the shop, and said to me, "Missus, lend me a shilling"—he had formerly lodged with me, and was coming back; I thought it was his luggage, and lent him 1s—I have never seen the other men before or since—between 4 and 5 o'clock Brock came and said, "You have some boxes here"—I said, "Yes, they belong to an old lodger of mine"—he said, "That is all you know about it"—I said, "Well, no one will have them until he comes for them"—he went

round to the boxes and said, "You are aware they are broken open"—I said, "They have never been touched there"—I saw that the top one was broken open; that was the little one—these are the boxes—Brock took out a pencil and paper and said that he should write down the name and address, and that he would call again at 10 in the morning—I did not see Lee—McGivan came in and out several times that evening, and wanted me to lend him 1s., but I did not do so.

Cross-examined by MR. KELLY. McGivan lodged in my house seven or eight weeks—he came about Whitsuntide—he was in employment at Greenwich, I think—he never drank anything while he was at my place.

Cross-examined by Brock. Two men brought the boxes—I do not recognise you—if you were one you are very much altered—it was 5 o'clock or a little after.

JAMES SHARP . I am assistant to Mr. Pearce, a pawnbroker, of Chiswell Street—this gown, petticoat, and three chemises were pledged with me on 17th September, between 3 and 3.30 p.m., to the best of my belief by McGivan—I won't swear to him—I produce the ticket; the name on it is "John Gibson."

Cross-examined by MR. KELLY. I told the police that it was a dark man, but he was right down at the other end of the shop, and I had not a good opportunity of seeing him—when I saw the three prisoners I was told that they were the people who were charged, and I said that it was the dark one.

JOHN CURNIN (Detective Sergeant K). I took McGivan on the 17th about 8.30 p.m. at 15, Albert Street, Bromley-by-Bow—I said, "You will be charged, concerned with others, in obtaining two boxes and stealing part of the contents"—he said, "1 know nothing about it"—I searched him at the station and found 11d. and this handkerchief in his coat pocket, which the prosecutrix identifies—I went with Gundry to Miss Stride's coffee-shop, and found these two boxes, one of which was broken open—the prosecutrix identified them.

Cross-examined by MR. KELLY. I found two handkerchiefs in his pocket—the prosecutrix did not claim the other—it was apparently soiled with mud.

THOMAS GUNTRY (Detective Sergeant K). On the evening of September 17th I went to 23, Athol Street, Bromley, where I saw Lee, and said, "You Will be charged with being concerned with others and stealing two boxes from the Liverpool Street Rail way-station"—she said, "I met the prosecutrix yesterday in the Hay market, and took her home with me to sleep with me. I had a ticket relating to the two boxes, which I gave to Mr. McGivan; I got the ticket from a purse which was given to me by the prosecutrix"—I took her in custody—I saw Brock shortly before 7 the same evening—he asked if any report was made with reference to the boxes lost—I said "Yes.—he said, "I can tell you where they are; they are at No. 6, St. Leonards Road"—he gave the wrong number; it was No. 4, a coffee-house—I went there with him and found them there—it was through him that I knew they were there—one was broken open—I did not take Brock then, but I received some information, and took him the same evening at Bishopsgate Police-station.

Cross-examined by Lee. You did not tell me you gave the ticket to a Strange man who came and asked for you, and said that Miss Gibson wished for the ticket of her box.

Cross-examined by Brock. I saw you at the station shortly before 7 o'clock

—I may hare been there two hoars before—I heard you were waiting for me, and I came to see you—you did not tell me where the things were pawned—I cannot say whether you were in and out of the police-station ail the evening till 12.30—I did not hear that the inspector telegraphed to your wife that you were engaged as an important witness in a case of felony—you gave me all the information you could the same evening.

By the COURT. I found some pawn-tickets on Brock in a pocket-book, but nothing relating to this charge.

The Prisoners' Statements before the Magistrate. McGivan says: "I never stole anything." Lee says: "She gave me the key of her box; I never stole anything." Brock says: "I reserve my defence."

Lee, in her defence, stated that she was with McGivan in the Hay market, and met the prosecutrix, who gave them some drink, and said that she was going to Charing Gross to telegraph to Ireland, and that she did not know London, and that she had only 2l., but had plenty of clothes value 40l. in her boxes at Liverpool Street Station to make more upon. That they went to several public-houses till the prosecutrix was sick, and dropped her purse, and she afterwards took her home to sleep. That next morning she got a new ticket for her boxes, which she gave to her (Lee) to take care of, and that she afterwards gave it to Brock, who they met at Guildhall.

Brock, in his defence, stated that he was sitting in Guildhall when the prosecutrix came up and asked him which was the Police-court; that he went outside and showed her, and all four went there together, and then went to the Museum, after which McGivan wanted to go to sleep, and he left him with Lee, and took the prosecutrix to see Bennett's clock, when her cousin met her, and he returned to Lee and McGivan, who offered him 2s. to carry some boxes for them, which he did, and took them to the Coopers' Arms, where they were broken open, and McGivan took out some of the things and pawned them for 7s., and said that he was going to take the boxes to his house, where the prosecutrix would be sure to come. That he afterwards went to the police-station and gave information, and was in and out of the station from 5 o'clock till 12.30; that he went to Bishopsgate Station and told them where the boxes were taken to, and when he returned to the police-station the inspector gave him in charge.

LEE and MCGIVAN— GUILTY .— Six Months' Imprisonment each.



Before Mr. Justice Hawkins.

Reference Number: t18791020-957

957. JONATHAN GEYDON (49) was indicted for the wilful murder of Mary White, on 21st June, 1867.


HENRY MATTHEWS . I am a constable of the West Sussex Constabulary, stationed at Horsham—on Saturday, 6th September, about 1.30 am., I was on duty in the Brighton Road, Horsham—I saw the prisoner there, standing under the wall of a gentleman's garden—I said "What are you doimg here?"—he laid "I want the police station"—I said "What do you want?"—he said "I want to nee the inspector privately"—I said "I have charge

of that place to-night, what do you want?"—he said "I want to give myself up for a murder I done some years ago"—I said "Stop; I caution you that anything you say to me I may use against you"—he then said "My name is Jonathan Geydon, I give myself up for the murder of a young woman named Small, of Chingford Hatch, Essex, about 1852 or 1853, and I have been roaming the country ever since as a vagabond; if I could have found a rope strong enough to-day I should have hung myself"—I made some notes of what he said at the time, and read them over to him, and said "Is that right?"—he said "Yes"—I then took him into custody—I said "If you have made any false statement to me you most put up with the consequences"—he said "It is God's truth what I am telling you; if you want to know anything about me you write to Scotland Yard"—I have not seen my notes since I handed them up to the Chairman of the Bench of Magistrates at Walthamstow.

Cross-examined. I was in uniform on this morning—the prisoner was standing with his back against the wall; he looked very miserable and destitute, his clothes were ragged and very much torn and dirty, simply from age; I did not notice any fresh dirt upon them, either then or when we got to the station.

Re-examined. He appeared sober, there was no appearance of drink whatever.

LEONARD BALDWIN HENDERSON . I am superintendent of the Horsham Division of the West Sussex Constabulary—I was at the Horsham police station on the morning of 6th September—Matthews brought the prisoner there about 2 a.m., and said "This man has confessed to a murder"—the prisoner made no reply—I ordered him to be locked up—about 8 o'clock that morning I visited him in his cell—I said "What is your name?"—he said "Jonathan Geydon"—I said "Spell it?"—he said "G-e-y-d-e-n"—I said "How old are you?"—he said "Somewhere about 50"—I said "Where do you come from?"—he said "Walthamstow, Essex"—I said "I am going to ask you a question, you need not answer me unless you like, but whatever you say I shall use in evidence against you"—I then said "Early this morning you have confessed to one of my constables having murdered a woman at Chingford; do you still adhere to that statement, as it is a most serious charge?"—he said "Yes, it is quite true what I have told your constable; I murdered a woman at Mr. Small's house, on a Sunday morning, when Mr. and Mrs. Small had gone to church. I left the place and I have not been back since"—I then communicated with the police in whose district Chingford is, and about 6 o'clock that evening Inspector Todman arrived—he saw the prisoner in my office in my presence—I said to Inspector Todman "This is the man who has charged himself with having committed a murder at Chingford"—I saw that the prisoner was going to say something, and I said "I caution you that whatever you say will be used in evidence against you"—the prisoner then made a statement which Inspector Todman took down in. writing from the prisoner's lips—Todman sat down at my desk and wrote as the prisoner uttered the statement—this (produced) is the statement that Todman wrote down—after taking it Todman read it over to him—the prisoner said it was quite true, and Todman and I signed it—that was all that passed—the prisoner was then removed—he was handed over to Todman that same evening—in passing from the police station to the railway station the prisoner said "I have been out to

India working on board a ship as a Bailor"—when he was first brought into the station I should say he was perfectly sober, and also when I saw him in the cell.

Cross-examined. He was in a very destitute and miserable condition when he came in—some food was supplied to him about 8 o'clock in the morning; he did not appear to be ravenously hungry—I saw him have his food—the statement which was taken down by Todman was taken down from the prisoner's own lips; as he repeated the words Todman wrote it on the paper—he did not put any question to him; he did not mention. Chelmsford Gaol to him; he did not say "Were you ever in Chelmsford Gaol?"—nothing of the kind—I have no doubt that he spelt his name "Geyden"—I stated so before the Magistrate.

ROBERT TODMAN . I am an inspector of police stationed at Woodford—in consequence of certain information I received I went to Horsham police station on Saturday, 6th September—I arrived there about 6 o'clock in the evening; and there saw the prisoner in the presence of Superintendent Henderson—the prisoner made a statement which I took down in writing, and which I and Henderson subsequently signed—I read it over to the prisoner and asked him if it was correct—he said "Yes"—this is it (Read: "Horsham, 6th September, 1879, 7 p.m. I, Jonathan Geyden, now in custody at Horsham police station, say, I lived with my father at Church Hill, Walthamttow, shout 20 years since. I came to Horsham on the 6th instant, and told a constable that I wished to give myself into custody for killing a woman of the name of Small, at Chingford Hatch, on a Sunday morning during the absence of Mr. and Mrs. Small at church, about 20 years since. I was in Chelmsford Gaol for 18 months for horse stealing, and committed the murder directly after coming out.") Before I took that down I told him I should take down in writing what he had to say; I cautioned him several times—I then took him into custody—I produce a knife which I received from Inspector Ware, at Waltham Abbey station, on 8th September.

Cross-examined. Inspector Ware is still at Waltham Abbey; he has been there about two years—Sergeant Lock was on duty there in 1868; there was no inspector there then—I did not put any questions to the prisoner during this statement—the words "during the absence of Mr. and Mrs. Small at church "were his own words—I am quite certain I did not put a question about Chelmsford Gaol—I did not know of his having been in gaol—I made no suggestion about Chelmsford Gaol or any other subject.

THOMAS QUINNEY (Policeman). I am a constable of the Metropolitan Police, stationed at Woodford—I am in the criminal investigation department—on Monday, 8th September, I assisted in conveying the prisoner from Waltham Abbey Police-station to the House of Detention, Clerkenwell—Inspector Todman was outside the cab—I was inside with the prisoner—he made a statement to me—it was about 12.30 at mid-day—the cab was going along from Liverpool Street to the House of Detention—he had previously been taken before the Magistrate, and was under remand—he said "I went to the house at the back door, and talked to the woman; I knocked her down, and cut her throat with my pocket-knife"—I had not spoken to him before he made that statement.

By the COURT. That was the whole of the statement—I cautioned him

—I told him it would be used against him as he commenced his statement—I made a note in my pocket-book at the time in the cab as well as I could as the cab was going along—I conveyed him to the House of Detention, and afterwards, the same afternoon, I made a fresh memorandum at the police-station, while the matter was fresh in my memory—refreshing my memory by this memorandum, I have stated word for word what he told me.

Cross-examined. We were in the cab about 20 minutes altogether—we had only been a few minutes in the cab when this statement was made, directly after we left Liverpool Street—nothing else passed between us except this, not a word, he suddenly began to make the statement—nothing whatever had passed between us before—this is my pocket-book (produced), and this is the other memorandum.

JOHN SMALL . I am a retired farmer, living at Chingford Hatch—in the year 1857 I was living at the foot of Friday Hill, Chingford—I left it 12 or 13 years ago, but I still live within a few hundred yards of the place—my wife's sister, Mary White, a single woman, lived with us for 20 year or more prior to her death, in June, 1857—she was 70 years of age—I remember on Sunday, 21st June, 1857, going to church with my wife; we left home about 10.30, leaving Miss White alone at the farm—she then appeared to be in good health and good spirits—she had a mark on her right eye, occasioned by a knock against a door some days before—I was sent for out of church about 12.30, before the service had finished—the church is about a mile from my farm—when I got home I found Mrs. Sapsford there and my niece, who had arrived from London while I was at church—she is now in Australia or New Zealand—I did not see my sister's body, nor did my wife—I first saw this knife at the Coroner's inquest that was held on the body of my sister-in-law shortly afterwards—I had never seen it before—I gave evidence before the Coroner—after I returned home on the Sunday I went upstairs into the deceased's room—most every drawer in the house was pulled open and ransacked—there had been a silver watch and silver guard chain of mine in the deceased's room—I had given it to her on the Saturday night when she went to bed—that has never been found—I also missed two gold rings, a pearl brooch, a jewel box, a whole suit of clothes, and various other articles—I quite forget whether I found upstairs a screwdriver, a hammer, and a bunch of old keys; I don't remember that; I might have done—I knew a man named Jonathan Geydon—his father was a small farmer in our parish—I had lost sight of him for something like two years before the murder—he was living in our parish—immediately after the discovery of the murder the woods were searched and the neighbourhood scoured for Jonathan Geydon; all the country round was searched—before the two years he had been in the habit of coming to my farm at different times, when he was a lad; he used to come backwards and" forwards to the farm, and had done so for some years—the first time I saw him after the murder was on Sunday, September 7, this year, at the Woodford Police-station—I saw 10 or a dozen men there together, about 3 or 4 in the afternoon—they stood in a row, and I picked out Jonathan Geydon—I see him now in the dock; he is Jonathan Geydon, the same that I had known prior to June, 1857—he is the man for whom I searched; the same Jonathan Geydon I have been speaking of.

Cross-examined. Jonathan Geydon used to come backwards and forwards to my farm on errands for his father for several years—he knew our ways

as well as I did myself—he knew who was living in my house—I saw him just two years before June, 1857, on the top of a haystack when we were making hay—I knew he was in prison after that—I did not see him after he came out of prison to my knowledge—I never saw him again till September this year, 24 years—everybody suspected that Jonathan Geydon had committed this murder; it was the common talk of the neighbourhood—I should think the Walthamstow police went on searching for him pretty well a twelvemonth, and I went to a great many places after him myself where we had got information—I don't know whether the search was left off after the twelvemonth, it was left in the hands of the police; I left off searching—I know of no reason for leaving off the search; some said he was dead, and some said he was gone abroad—I never heard it said that he had been hanged in Australia—he had a limp in his walk from a boy, and a cast in his eye; he was ruptured; I heard so, I did not know it—I knew what I was going to the Woodford Police-station for on Sunday, 7th September; I knew that I was going to see a man who had given himself up on this charge—Inspector Tod man told me that, when he came to fetch me—he cams for me on the Saturday, but I could not go, my wife was so bad; aha has died since—he told me that a man had given himself up and said that he was Jonathan Geydon, and he wanted me to come and see if I could identify him—the injury that Miss White had was a bruise under the eye, not above the eye—I know a man named Jessop, a cowkeeper; he has a son living in our village; he did not leave the village some time ago, he is there now; old Richard Jessop, the father, is dead; the sons are all in Chingford now.

Re-examined. Besides the search that was made for Jonathan Geydon 100l. reward was offered for his apprehension—this (produced) is one of the bills that was circulated; that was done after the inquest.

SELINA SAPSFORD . I am a widow, and live at Chingford Lane, Walthamstow—in June, 1857, I was living near Mr. Small—I knew Miss Mary White perfectly well; she lived with Mr. Small at Chingford Hatch—the back premises of my place adjoined Mr. Small's. but the front did not—on Sunday, 21st June, Mrs. Emma Small (a niece of Mr. Small's) came to the gate to me about 12 o'clock as near as could be—she made a statement to me, in consequence of which I went at once with her to Mr. Small's—I had never seen her before; she told me who she was—I went in to Mr. Small's at the front door, and went through the sitting-room into the kitchen—I saw Miss White lying between the kitchen door and the door leading upstairs, as if she had been coming downstairs—part of her body was in the kitchen, down to her hips; her feet were towards the passage—I looked at her; I thought she was in a lit; I lifted her by the shoulders, and her head fell back and caught me on the stomach, and then I dropped her—I saw that her throat was cut; it looked as if there were two cuts, one from the right and one from the left—she was quite dead—there was no blood in the. passage where she was lying; there was very little blood upon her—there was a sink in the back kitchen a few yards from where the body was lying—there was a quantity of blood on the floor by the sink, and it was covered over with a large hearthrug; it was laid over it—that was not the proper place for the hearthrug; it had been put over it, and partly covered up the blood—I went and fetched my husband, and he went and fetched Mr. Small from church—the constables Trevetf and Holden afterwards came, and Charles Turner, a labourer, and Dr. Carey, the surgeon—after my husband had

come I noticed a bowl of dirty, soapy water standing in the sink—I emptied the water down the sink, and found a knife at the bottom of the bowl; it was open—I gave it to Turner, and saw him give it to Trivett, the constable—it was a shut-up pocket-knife; I saw that same knife produced before Mr. Lewis, the Coroner—it was shown to the different witnesses—at this distance of time I cannot say that this is the knife; it was a knife something similar to that—I am sure that the one produced before the Coroner was the one I found—I assisted in laying out Miss White—I saw a bruise on her forehead, on the left side on the temple, and one on her hip—it appeared to me as if she had had a blow on her temple—I could not say now whether that was old or recent, or the bruise on the hip either—her hands were not bloody; there was blood at the lower part of her dress; her stockings and shoes had a quantity of blood on them—I saw that the house had been disturbed and things taken away—I knew Jonathan Gey don at one time—I had not seen him for two years before this Sunday—I had not noticed anything particular about him; I could not say how he walked—I had known him some few years, from quite a lad—I don't think I have seen this man (the prisoner) before; I do not recognise him.

Cross-examined. I had often seen Jonathan Geydon in the village—I was aware that he had gone to prison—I used to see him very often until that time—I think I first saw this man on 16th September, at the police-station—I went to look at him to see if I could identify him; I do not recognise him.

Re-examined. When I knew Jonathan Geydon he did not wear a beard or moustache—I could not say either way, I could not say the prisoner is not the man, and I could not say he 1s

By the COURT. I was in the habit of seeing Geydon walking by in the village, and I used to pass his poor father and mother's he never came to my house to my knowledge—I have spoken to him several times.

FREDERICK TURTLE , M.D. I practise at Woodford—I know Charles Turner, a labourer, he is now living at Chingford Hatch, he is about 43 years of age—I have been attending him about 10 days—I saw him yesterday at his cottage—he is suffering from gout in both feet; he is too ill to travel, he could not possibly get here to-day, it would be dangerous.

ROBERT TODMAN (Re-examined). I was present when Charles Turner was examined before the Magistrate on 16th September—the prisoner was present and had the opportunity of asking him questions—his deposition was read over, and I saw him sign it. (The deposition of Cliarles Turner was then read as follows: "I am a labourer, living at Chingford Hatch. I am 43 years old. I knew the deceased, Miss White, and remember her death. On Sunday, June 21st, 22 years ago, I accompanied police constable Holden to Mr. Small's house about 12 o'clock. We went in at the back door, and saw the dead body of Miss White lying in the kitchen—I saw her throat had been cut. There was a quantity of blood against the sink covered over with a bit of mat. That was on the other side of the kitchen from where the body lay. The house appeared pulled about. I remember seeing Mrs. Sapsford find a knife in a bowl of water in the sink; she handed it to ma I showed the knife to Mr. Small in the others' presence, nobody claimed it I gave it directly afterwards to police constable Trivett I identified the knife produced before the Coroner as the knife I handed to Trivett. I would not swear now that the knife produced was the same, it resembles it

I remarked that the edge was turned. I knew Jonathan Geydon well at that time. I had not seen him for about two years before Miss White's death. I cannot identify the prisoner as Jonathan Geydon. Geydon was an older man than myself."

Witness. The knife produced when Turner gave his evidence was this knife that has been referred to.

THOMAS HOLDEN . I am now a letter-carrier at Enfield Highway—in 1857 I was a metropolitan police constable stationed at Chingford—I remember on Sunday, 21st June, 1857, being called to Mr. Small's house—I there saw the body of Miss White lying in the kitchen—I knew her personally some years before—I took hold of her hand and found it was cold, and I noticed that her throat was cut both ways—she was dead—I examined the house in the presence of Charles Turner; every place upstairs was ransacked—I went to Waltham Abbey and fetched Sergeant Lock; before going for Lock I saw a knife in Turner's hand similar to this—I apprehended Jonathan Geydon in 1855 for horse stealing—the prisoner is the man—I took him into custody, and kept him in my custody at the police-station at Waltham; I left him at the police-station and took him to Ilford on remand—I saw him when he was before the Magistrate on remand—he was committed for trial, and was tried at this Court and received eighteen months' imprisonment—I was present at the trial, he pleaded guilty—I was present when he was sentenced in December, 1855—on 16th September this year I was at the police-station at Waltham Abbey, I there saw six or seven persons standing together, and I picked out the prisoner as being Jonathan Geydon—I have no doubt whatever about it; he is the same man I had in custody for horse-stealing.

Cross-examined. That was in 1855—I never saw him again until 16th September this year—I did not see him after he came out of prison—he had no beard or moustache at that time, nothing like what he has now—on 16th September he had been remanded—I was not there when Mr. Small and others gave evidence—I knew they had given evidence—I heard of it afterwards, but I live a long way front them—I went on 16th September for the purpose of seeing whether the man who was in custody was Jonathan Geydon—I had heard that a man had given himself up saying that he was Jonathan Geydon, but I would not believe it—I knew him before I had him in custody; I had been in the parish some years, and I knew his father and mother; I had known him for some years, passing from place to place—I did not know that he was ruptured; he walked lame of the right knee—he spelt his name Geyden as far as I knew.

Re-examined. I never heard him spell his name, but that was the name he used to go by; all the family have—I never saw him write his name; I believe he can write and read—I say his name is Geyden from the sound—when I went to the police-station to see this man I had heard that a Jonathan Geydon had given himself up; I did not believe it—there were six or seven people at the station with him, I will not be sure which.

JOHN SMALL (Re-examined). I think Geydon spelt his name Geydon—that was how we always used to pronounce it there; that was how I knew it to be spelt at that time, but I could soon find it out by the parish books; his father was rated in our parish books—I never heard him spell his name or see him write it—I don't know that I ever saw any member of his family write his name—I thought it was Geydon, that is how we pronounce it; in country places we don't pronounce exactly.

GEORGE LOCK . I now live at Ashford near Staines—I have retired from the police and have a pension—in June, 1857, I was a sergeant in the police force stationed at Waltham—on Sunday 21st June, 1857, I receiyed some information from Holden and went to Mr. Small's house—I there saw the body of Miss White; I saw that she was dead, with her throat cut, lying at the bottom of the stairs, partly in the kitchen, and a quantity of blood between her and the sink—a day or two afterwards I received a knife like this produced, from a constable named Trivett, who is now dead—I took it to Springfield Gaol, Chelmsford, and showed it to a warder there named James who is now dead; he was master shoemaker of the prison—James was afterwards examined at the inquest, I was present—after Hie inquest the knife remained in my possession at the Waltham Police-station until January, 1859, when I was put to another more important station in London—this is the same knife, I am quite positive of it, I could pick it out from a basket-ful.

HENRY WALE . I am a retired police sergeant—I succeeded Lock in charge of the Waltham Abbey Station—I remained there till 1866—I had charge of the knife at the station till I left—this is the knife.

CHARLES HOOPER NICHOLAS . I am Deputy Governor of Springfield Gaol, Chelmsford—I have held that office since 1853—I had a man named Jonathan Geydon in custody there, he was brought to us on 24th December 1855—he remained in our custody there until 16th June 1857; he was there on a charge of horse stealing—he was sentenced to 18 months' imprisonment with hard labour—I can't say that I saw him from day to day, sometimes I would see him every day, sometimes only two or three times a week—I saw him a great many times during the 18 months—he was employed as a shoemaker under a warder named James who is since dead—I think Geydon knew a good deal of shoemaking before he came there; he was employed at shoemaking—I saw the prisoner at Waltham Abbey in September, when he was there for re-examination—he was so altered that I had hesitation in swearing to him being the same man, although when I saw him walking to the station I recognised him by his walk, more than by his face; his face was very much altered, very much changed—he had a sort of waddling walk—to the best of my recollection he had not any moustache when he' was in the gaol, and I don't think much beard. Q. Have you formed any belief about him now? A. Well, it is hardly fair to say, because I have heard so much now; I have had nothing to shake my opinion that he is Jonathan Geydon—I produce a leaf out of the prison book containing a description of Jonathan Geydon—I tore it out for convenience, but it was in the regular book—I enter the prisoner from the warrant, then the book is taken into the gaol and he is described by another officer; I don't describe a prisoner, I never do—this entry is John Clark's, who is here—this purports to be signed by the prisoner; it is our usual custom for a prisoner who can write to sign his name—I did not see Jonathan Geydon sign it—I remember this knife being brought to the gaol and shown to the warder James; it is an ordinary pocket knife—it was identified in my presence as being shown to James.

Cross-examined. This (produced) is the warrant that was brought from the Central Criminal Court with the prisoner—I enter the prisoner's name in a book, and the offence, and it is then taken inside—this writing on the top line and the date is mine—the second line is not—the description

of his person ia all by Clark—I can't say that I identify the prisoner by his face—if I saw him clean shaved I think I should know him better; still as I stand here I see his features more than I have ever seen before; when he was at the station he held his head down—when I first saw him I did not identify him.

Re-examined. Seeing his features now I know I am safe in saying that he is Jonathan Geydon, the same man we had in the gaol; from the upper part of his face—he has got a beard now which he had not then—24 years makes a great difference in a man.

JOHN WILLIAM CLARK . I live at Moulsham, Chelmsford—I was for many years chief warder of the gaol at Chelmsford—I have now received a pension—in December, 1855, it was part of my duty to enter in a book kept for the purpose a description of prisoners when they were admitted to the gaol—it was my custom to write the description from statements, made by the prisoner to me from questions put by me—part of this paper is in my writing—I knew Jonathan Geydon when he was admitted to the gaol in December, 1855—I entered in the book referred to a description of him which he signed in my presence—this is his signature on the leaf produced, "J. Geyden." Q. Do you see that man, Jonathan Geydon, here to-day, the same man that signed the book?—A. No, I am not certain, I cant say; I have seen him for the purpose of identifying him—there was no other Jonathan Geydon in the prison for 18 months for horse stealing to my knowledge—I saw the prisoner this morning, and I see him now—I certainly thought in my own mind that he was the man, but I don't feel confident, and should not like to swear it—I believe he is the man, as far as I can judge he is the man.

By the COURT. I wrote part of the particulars on this sheet, age, height, and so on—there is no beard or moustache—this would be exactly as he was when I received him—"clean" means clean in person—he signed his name, "J. Geyden," in the warrant it is "Geydon."

Cross-examined. I did not take his height from his own statement, but from the standard measurement—he measured 5 feet 8 inches—he is described as "ruptured on the left side"—I got that fact from himself—"light brown whiskers, no smallpox, vaccination marks on left side," &c.

FREDERICK BUTCHER I am principal warder of H. M. gaol at Chelmsford—I was employed there as prison servant in December, 1855, I knew Jonathan Geydon there for horse stealing—he was sentenced to 18 mouths' imprisonment—he was there from December, 1855, to June, 1857—for the latter 12 months I should say I saw him four, five, or six times a week under the charge of warder James, who was the shoemaker of the gaol—he did work under James—my duty as prison servant was to wait on the governor and clean the office—I have seen the prisoner; he is the Jonathan Geydon that I knew during those 12 months—I have no doubt whatever, about it—I could pick him out from 150.

Cross-examined. This is the first time I have given evidence in the case—I was not called before the Magistrate—I first saw the prisoner on the Friday following his giving himself up, at the House of Detention, Clerkenwell—I had not seen him from the time he left the gaol in 1857—I identified him in the House of Detention.

Re-examined. When I saw him there were other prisoners there with him; I should think about 150; he was the last but one—they were in two separate

yards, about 100 in the first yard, and about 50 in the second—he was in prison clothes.

CHARLES BEDFORD . In 1855 I was a warder at the gaol at Chelnyford—I remember Jonathan Geydon undergoing a sentence of 18 months' imprisonment there; he was under me the principal part of the time, from December, 1855, to 16th June, 1857—I used to feed him and air him; he was up in the store-room the latter part of the time a great deal, to fetes shoes and letters, and things down—I saw him a dozen times a day—he was not with me exactly all the time; he was exempt from the wheel, being ruptured, and was placed at shoemnking—he was under me all the time, except when I was away for a holiday—I saw the prisoner in Newgate this morning—there might be a doesn or more other prisoners there; I picked him out; he is the Jonathan Geydon who was in the gaol during the period I mention—I have not the least doubt it.

Cross-examined. I believe I never saw him from the time he left the gaol until this morning.

By the COURT. I have not the least doubt about him, only he has more hair on his face now—he had none at that time on the under part.

HENRY RUGGLES . I am a fruiterer at Wood Street, Walthametow—on Sunday morning, 21st June, 1857, about 8 o'clock, I was at the Four Cross-ways by Mill Cottage, Walthamstow—that is opposite a public-house called the Napier which stands there now; it was not built then—while standing there I saw a man coming from the London road in the direction of Woodford; that man was Jonathan Greydon—I did not know who it was; he had just got by me—when he turned his face I saw who he was, and I said, "Halloa, is that you, Geydon"—he said, "Yes, it is"—I said, "How long have you been out?" knowing that he had been in prison for horse-stealing—he said he had been out three or four days—he said, "I have learnt the shoemaking, and I am going down to Oxford to follow the trade"—he did not say where he had learnt it—I was not talking to him above five or six minutes at the outside—he said, "You have no occasion to take any notice that you hare seen me"—I said, "Very well, I won't"—he then went across a little bit of wood leading to Oak Hill, and I lost sight of him there—he could go to Chingford Hatch that way—I should think it was a mile and a half from Chingford Hatch—he had on a dark cap, a kind of little, tight surtout coat, rather a dirty white, with a little blue stripe down it; the stripes were not very discernible—I say that man was Jonathan Geydon—I cannot recognise him now; I went to Waltham, and I could not recognise him there—looking at him now I have no belief on the subject; I cannot recognise the man—I rode with him from Waltham Police-court to the station in a fly, and I could not recognise him—I cannot say whether he is the man or not.

Cross-examined. I have lived in that neighbourhood all my lifetime—I had known Jonathan Geydon for a long time, from a lad—I used to see him very frequently.

GHORGB HUNTER . I am now a gardener at Grosvenor Rise, Walthamstow—in 1857 I was a constable in the Metropolitan Police Force, stationed at Walthamstow—I remember the death of Miss White on Sunday, 21st June that year—on that morning I was on duty in plain clothes at Church Hill, Walthamstow, about 8 or a little before—I knew Jonathan Geydon well for about 15 years—I had him in my custody twice—I saw him that morning

at Church Hill; he passed me—he nodded to me, and I nodded to him—he was then going in the direction of the New Road, Woodford; that would take him direct to Mr. Small's house, which was about two miles and a half from where I saw him—he had on a kind of a white frock-coat with little blue stripes, a dark cap with a peak to it, and black or dark cloth trousers—later that same day I heard of the murder—it was out of my district, but I was sent specially to inquire into the matter—I searched about to try and find Jonathan Geydon—I communicated with the other police, and we were all at work trying to find him—some of the detectives from Scotland Yard were with me—I was engaged for about 12 months in the affair—I next saw Jonathan Geydon on Tuesday, 16th September, in the present year—I got into a train from London at Hackney Downs Station to go to Waltham Abbey, about 9.30 a.m., and in one of the carriages I recognised Jonathan Geydon—the prisoner is the man, and no other—he is the very Jonathan Geydon that I saw on 21st June, 1857; I have not the slightest doubt about him—when I got into the railway carriage my attention was not called to him at all; I was not aware he was there—a man named Quinney was in charge of him—I had seen him once before; I knew he was a police-officer stationed at Woodford—I did not notice whether the prisoner was handcuffed or no.

By the COURT. I did not know at that time that he was in custody; I found afterwards that he was—I recognised him before he was in custody—I knew he was in custody—I did not observe that he was in custody when I recognised him; I travelled in the train with him from Hackney Downs to Waltham Cross Station—I attended before the Magistrate that day and gave evidence.

Cross-examined. I was going to Waltham Abbey to identify the man that was in custody; I had a telegram from Scotland Yard that I was to attend at Waltham Abbey at 10 o'clock to identify a man—I have not got the telegram; it was to be at Waltham Abbey Police Station at 10 o'clock as a witness in the case of the Chingford murder; that was stated in the telegram; that was all I knew—I only knew by talk that a man had given himself up saying that he was Jonathan Geydon; I had no police authority for it—I believe the case had been heard once before the Magistrate; I was not there, I knew it by what I was told; I knew it had been remanded—I did not know from the police that he was going to be brought up at Waltham Abbey on 16th September; I did not know that he was going to be brought there; his name was not mentioned in the telegram—I heard that the man who had given himself up was going to be brought up before the Magistrate at Waltham Abbey on that day—I knew Quinney as a police constable lately; I knew it on that day—I was engaged for 12 months after the death in the inquiry—I had instructions to leave off inquiring then from Scotland Yard by the late inspector, Whicher, who is pensioned off now; I don't know any reason for it—I was told not to make more inquiries about the affair—it was my duty to find Jonathan Geydon; of course, I was disappointed that I did not, so were a good many besides me—I was not engaged with the officers about there; I was engaged with the detectives from Scotland Yard.

Re-examined. I attended at the inquest—I saw the constable Trivett there, and saw him produce the knife—I can't swear to this knife, it was like that.

By the COURT. I was going down to attend the inquiry before tin Magistrate—I had not the slightest idea that anybody connected with the case was going down in the same carriage with me, or I should not have got in the carriage—when I got into the carriage I did not speak to anybody before I recognised the prisoner as Jonathan Geydon—I was in the carriage about 10 minutes before I recognised him, between Hackney Downs and Clapton—I had recognised him before I got to Clapton—I had not spoken to any one whatever before that—I did not speak to anybody going down after I recognised him; I did not say anything—I knew that he was in custody at that time—I had not seen him previously.

JAMES WELLS . I am a gardener living at Woodford—I remember the murder of Miss White at Chingford; I was living at Chingford at the time—on that Sunday morning, 21st June, 1857, about 10.30,1 was on the footbridge over the Ching Brook, about 50 yards from Mr. Small'i house, and saw a man coming from the direction of Woodford Cross—thai man was Jonathan Geydon—he went straight over the little bridge tip towards Mr. Small's house—I lost sight of him when he left Mr. Small's gate—he went to the back gate of Mr. Small's house, and there I lost sight of him—I next saw that man at Woodford Police-station on Sunday, September 7th, this year—I see him now, it is the prisoner—I had worked with him finishing a stack of hay—I identify him by his features and the turn of his eye—when I saw him at the Woodford Police-station he was amongst others, I should think there might be 10—I picked him out.

Cross-examined. It was two years before the 21st June that I had worked with him at the haystack—I did not speak to him on the morning of the 21st June—he passed me within 7 or 8 yards I should think, not in the road, he passed over the bridge—I saw him go to the gate of Mr. Small's premises; there are three gates to Mr. Small's premises all together; the one I saw him go to was the middle gate that goes to the cow yard—I said before the Magistrate "He went to the gate of the field adjoining Mr. Small's premises"—I mean one of Mr. Small's gates—he did not go in at the gate, he turned on to the opposite side of the road—I was sent for by the police to go to the Woodford station—I did not know that a man had given himself up, and said that he was Jonathan Geydon; I did not know that any man had given himself up; I did not know that it had anything to do with the Chingford murder; I did not know what I was going for; it was about 3.30 on the Sunday afternoon—I did not ask what I was going to the police station for, and I did not know, I had no idea till I got there; I then knew it by others; I did not see him when other people did; a lot had gone in to see him, but I did not see him at that time—before I went in to see him I heard what I was there for; I heard that a man had given himself up, and that he had said he was Jonathan Geydon.

Re-examined. I was standing on the bridge; he turned away from the gate to the opposite side of the road, where he went to then I don't know, I lost sight of him—he could see me perfectly well when he turned away from the gate.

By the COURT. The gate was 8 or 9 yards from Mr. Small's house; if he had gone in at that gate it would have led him to the back of Mr. Small's premises; it is a yard leading to the back of the house; the back

of the house opens into thai yard—the place where I lost sight of him was just on the opposite side of the road—I had a child two years old with me, and I took the child up and went home with it; that was the reason I lost Might of him; I went away and left him there—the time was 10.30 as near as I could tell, I should sooner say it was a little before—I did not see Mr. or Mrs. Small that morniug.

JOHN ROWLAND GIBSON . I am surgeon of Her Majesty's Gaol of Newgate, and have been so for nearly 25 years—I am a Fellow of the Royal College of Surgeons—during the adjournment of the Court to-day I have examined the prisoner with a view to see whether he is ruptured on the left side—I found no rupture—it is possible that he may have been ruptured 24 years ago and there be no trace of the rapture now; it would depend upon whether the rupture was a bad one or not, and how it was treated; not only as to the size, but whether or no it was treated with care and attention—if treated with care and attention the rupture might be cured—there are two very undefined marks on the left arm, low down—I think they are vaccination marks; they are unusually low down for vaccination marks—I saw no marks of smallpox.

Cross-examined. I say it is possible he might have been ruptured 24 years ago, whether it is probable would depend upon the extent of the rupture, whether it was taken in its incipient stage and properly treated—in a man of the class such as Jonathan Geydon has been described I should not think a rupture would be likely to disappear, because in all probability it would not receive the attention and care which would be given to a person in such a position in life—he would no doubt receive every attention in the prison; he would have a truss, and everything would be done to remedy the mischief, it would depend entirely on circumstances; a year would be sufficient to effect a cure; if the rupture was entirely kept of adhesion of the parte might take place, and effect a cure; that is if treated, certainly not, if not treated, because it would increase from day to day—unless he was actually treated for it it would certainly be most improbable that he should be cured in a year—I did not find anything in the prisoner to account for his being lame—his knee joints are perfect—there is nothing to indicate that he has been lame for many years—I do not discover that he is lame—he walks with a degree of stiffness, but not with any lameness certainly, not with any limp or inequality of motion—there is no stiffness in the knee joints at all, I examined them carefully—he came in in a wretched condition of health—I could not form any opinion of his age except from what he tells me—I should think he was between 50 and 60; that is my impression.

Re-examined. I think it is difficult to form an accurate opinion as to a man's age from merely seeing him—it depends very much on his previous life—a rupture might cause some degree of lameness, if it was a large one, and down—rheumatism and many things produce lameness, from which a man may perfectly recover.

By the COURT. There is a stiffness in his walk; he does not walk with agility, freedom, or elasticity—with proper care and treatment from an experienced person even a bad rupture might be altogether cured—the rule is, when they are largely developed they are not cured, except by operative methods—persons very often neglect their truas—I think with proper care, supposing it is constantly continued, a rapture may be cured.

JAMES WARE . I am an inspector of the N division, stationed at Waltham Abbey—I was posted there in August, 1875—I found the knife produced in a desk there wrapped up with papers connected with the Chingford murder, and tied with a string—I took charge of it, and locked it up in my desk till Monday, 8th September last, when I handed it to Inspector Todman.

MR. POLAND proposed to tender in evidence the deposition of a witness taken before the Coroner in the absence of the person accused; he did this upon the authority of some older decisions, although Judges had of lass declined to receive Coroner's depositions in evidence.

MR. JUSTICE HAWKINS was clearly of opinion that the Coroner's depositions were not evidence, and this opinion was fortified by a reported decision of Sir Montagu Smith; he should not act upon the older authorities, but should reject such evidence, not merely as doubtful, but as absolutely inadmissible.

MR. AVORY suggested whether the prosecution had given formal proof of the cause of death.

SELINA SAPSFORD (Re-examined). It was the throat being cut thai caused Miss White's death—I am certain of that—they were very deep cuts on both sides; every artery was cut in two; the windpipe was not cut—I was with Dr. Carey when he sewed the throat up.

The following Witnesses were called for the Defence.

WILLIAM O'BRIEN . I am now employed as a clerk in the Strand—in 1858 I was colour-sergeant in the 1st Battalion of the 5th Fusiliers, and I was appointed sergeant-major in 1859—I know there was a man named Charles Wilson in the battalion; he was not in the same company with me—I lost sight of him somewhere about 1864—I saw the prisoner for the first time last Tuesday in the exercise yard at Newgate—I afterwards had a convewation with him—I believe him to be the man Charles Wilson that I had previously known, as far as his answers to my questions went—I put a number of questions to him with a view of ascertaining—the Charles Wilson I knew did not limp; he would not have been in the army if he had—I have drilled him, he was not ruptured—a man that was ruptured would not be passed for the service by a medical man; I know that, from their experience.

Cross-examined. I say that a medical man would not knowingly pass a ruptured man—I have known men ruptured in the service after having served; I have never known a surgeon pass a ruptured man—I am now a clerk at 11, Buckingham Street, Strand; it is a charitable association; Lady Henry Scott, Lady Selborne, and several other ladies are the patronesses—I was discharged from Sborncliff in June, 1870—I believe my going to Newgate to see this man emanated from General Millman—I had no letter asking me to go; I was interviewed personally; a gentleman named Thompson I believe called on me and asked me to go to Newgate to see if I could identify a man named Charles Wilson—I do not see the gentleman here—I believe he is clerk to a solicitor; I don't know whether he is clerk to the solicitor who is conducting the prisoner's defence—I do not recognise the prisoner from his appearance in the slightest degree—I last saw Charles Wilson somewhere in the year 1864—I believe he left the army—I believe he was in the army in the early portion of 1864—I had dealings with every man in the battalion—he left in 1864, I left in 1870—I have no recollection of his leaving the army, I cannot go back to say positively, I cannot call any particular incident to my memory about

it—the 5th Fusiliers was quartered in India in 1853—I went to India in 1857; we disembarked at Calcutta in July, 1857—I left England in January, 1848—in the interval I was stationed at Mauritius; I went from England to Mauritius, and from there to Calcutta—I left in 1858 with a draft to join my regiment at Mauritius; we left Mauritius in May, 1857, en route for China—I am just trying my memory, you are asking me for years back; we got to Calcutta in July, 1857, and went through the campaigns, and Lucknow—drafts for the regiment came out from England while we were in India; there was a depot in England; I left them at Parkhurst Barracks in the Isle of Wight in 1848—I should fancy that Charles Wilson must have been one of the recruits that came out from England; some arrived before we got to Calcutta, and some shortly afterwards, about 1860, 1 could not fix a date—some arrived in 1858—the regiment arrived in 1857, and I should say some arrived the following year; I can't lay whether any arrived the same year, not likely; I can't remember whether they did or not—there are others here from the regiment besides me, Robert White and George Sharman—White is now a warder at the Military Prison—I think he joined us in 1860 or 1861, at Portsmouth; we arrived at Portsmouth in 1861, he had not been in India up to that date—Sharman joined the regiment in India, I cannot give you the date, it was before I came home—he was a private and promoted afterwards—I have seen General Mill man here—the Mutiny had broken out before we arrived in India, and we got our equipments and went up the river as soon as they could dispatch us. Some of the questions I put to the prisoner were about what had occurred in India—I asked him what year he joined us and where—he said in 1858 at Allahabad—we were at Allahabad in 1858—he did not say what time in 1858—I simply confined myself to the question what year he joined us and where—if he joined us at Allahabad in 1858 I conclude that he would have enlisted in England and come out—I asked him when we left Allahabad—he said in 1859; that was right—I asked him how we came down the country, by road or by rail, or was there anything peculiar about it that he could remember—he said we marched the distance down; that was correct; it was a long march, about 600 miles—I asked him then about his knowledge of the officers and non-commissioned officers in the regiment, and he answered the names of several that I knew to be correct—I asked him the name of his colour-sergeant and he told me Lefevre; that was correct—I asked him the name of the captain and he gave it correctly—I was about 10 minutes conversing with him—the questions I asked were all about the regiment, I had nothing else to test him about—at the time of the Indian Mutiny there was a great pressure for recruits—when a man enlists he signs an attestation paper, in which he is asked questions about himself, where he was born and so on—he is taken before a Magistrate to be enlisted—those papers are kept as records—the recruits would be drilled here and stmt out when fit to go into active service—if a man were found in India willing to serve, he would only be taken under special authority from the general officer commanding the district—the rule is to recruit where the depdt is; if we found a man in India capable and willing to join, we should not be glad to take him; we would rather have a man drilled in England and sent out fit for service—we have them drilled in India.

Re-examined. Wilson was in No. 10 Company—I have never known

recruits taken without being examined by a medical man—I never heard of one being passed with a rupture.

By the COURT. The other witnesses whose names I have mentioned did not go with me to Newgate when I saw the prisoner—Mr. Thompson went with me; nobody else.

PETER TURNER . I am attached to the Rolls Office in Fetter Lane—I have here the pay-lists of the 1st Battalion of the 5th Fusiliers from 1858 to 1865—from those it appears that Charles Wilson enlisted on 6th July, 1858, at Edinburgh; the books do not show to which company he belonged at that time; he does not appear to have been placed in any company then; they were not then divided into companies—he deserted on 1st January, 1865, from "Woolwich—his regimental number was 364—I don't think these books show where the regiment was during the period from 1858 to 1865—these statements are extracted from the books.

Cross-examined. The age of Charles Wilson is given here as 27, and his height 5 feet 7 inches—that is got from the War Office pay lists—I have not got the enlistment papers here—I am assistant keeper of the public records—I have only been asked to produce the pay lists; I believe the enlistment papers are not in our office; I do not know whether we have them or not, I have not looked for them—these books are only given to me to be produced—I have no book here with Charles Wilson's writing in it Major General George Ryan Millman. I am major of the Tower—about the year 1860 I was colonel of the 1st Battalion of the Fusiliers, and very often the senior major in command—I have no doubt there were plenty of Wilsons in the regiment—I can't say that there was any particular man named Charles Wilson—I saw the prisoner last Tuesday morning in the gaol about 10 o'clock; I asked him some questions in the presence of the Governor for the purpose of ascertaining whether he had been in my regiment, and the result was that to the best of my belief he must have been a man in the regiment—I do not know anything of the practice of the War Office with regard to the enlistment papers; I do not know whether they are kept if a man deserts.

Cross-examined. I do not, from looking at him, at all remember this man as being in ray regiment—I do not recollect any particular man as Charles Wilson; Wilson was such a common name in the regiment—there is a dept in Edinburgh, and there are plenty of Wilsons in Scotland—I went from the Mauritius to Calcutta; I returned to England in 1860—I do not remember anything about Wilson's deserting—I was three or four minutes in the gaol talking to the prisoner—I did not ask him when he enlisted—I asked him what company he was in, who was the captain, subaltern, and colour sergeant, and he answered every one correctly, and some of the names were very extraordinary; I don't think he could have invented them; they were peculiar names that he was likely to recollect.

Re-examined. I never heard of a man being passed into the army with a rupture.

GEORGE SHARMAN . I am a pensioner in the army, and am employed as a clerk at the Soldiers' Daughters' Home—I left the army in January, 1875—I was in the 1st Battalion of the 5th Fusiliers from 1854 to 1875—during part of that time there was a Charles Wilson in my company, No. 10: I was posted to No. 10 at Portsmouth in 1861 from another company—I knew Charles Wilson thoroughly—I remember his deserting at Woolwich;

I can't exactly remember the date; I see the prisoner, and recognise him well as Charles Wilson, the same man who was in my company for some years—I never noticed any limp on him; he was a very quiet man, rather a retired and reserved sort of man, not quarrelsome in the slightest; I do not remember his getting into any trouble while he was there.

Cross-examined. I went to India with the company of the regiment with Colonel Millman from the Mauritius—I do not remember Charles Wilson in India; I don't remember him till I was posted to his company in 1861, after the regiment came home—J only know that he was in India from his being in the company that I went to, and which no drafts joined after coming home, consequently I know he was in India—I came home in 1861 and was drafted into his company, and from that time I knew him until he deserted—I recognise him by his features thoroughly, only he looks greyer about the beard; I don't see any alteration of his features at all—in the army he had a slight moustache and whiskers, no beard; they were not allowed to wear beards in England—I was a non-commissioned officer in his company, and had to warn him for parade many times, consequently I knew him in that way—I don't know whether he was an Essex man; I could not not say he was not—I have seen his enlistment papers, I suppose they are in the depot of the regiment, which is at Chatham I think, I don't know exactly where it is—I don't know whether Charles Wilson could write—I was fetched from my office this morning by some gentleman—the first time I saw the prisoner was after I came into this Court—I have not had any conversation with him—I recognise him by his features.

Re-examined. I have not the slightest doubt he is the same man—he had rather a haggard-looking face in the regiment, he has that now, and his eyes look the same, sunk in his head, and his general appearance.

ROBERT WHITE . I am a warder at Millbank and have been so nearly eight years—I served in the 1st Battalion of the Fusiliers for 10 years, from 1861 to 1871—there was a Charles Wilson in the same company with me, No. 10—I have seen Charles Wilson to-day in the dock—the prisoner is the man.

Cross-examined. I have seen him to-day for the first time—I have not had any conversation with—he is very much changed in regard of his hair—he had a beard, but it was shaved off; he might have had one—he had no beard when I joined in 1861; I never knew him with a beard—I see he has a beard now—that has not changed his appearance a great deal; it has not made a considerable change—it has in regard to his hair; it was a very differerent colour to what it is now—I recognise him by his features altogether; his eyes, and particularly his nose, the outline of his features altogether—I recollect about the time of his disappearing, but I don't recollect his going away actually—from 1861 until his deserting I spoke to him pretty nearly every day—I did not know where he came from; I did not know whether he was an Essex man—I can't recollect that I ever" heard him talk of his early days, or what county he came from—we stayed at Woolwich till we were ordered off to Ireland; that was about 1865—I can't fix the date, I think it was in the latter part of 1865.

By the COURT. I was intimate with him in the regiment, as it happened—have been doing; sometimes they are reserved—I don't recollect having any conversation with Wilson as to where he came from or what he had been

doing—he had a whisker, brown, rather inclined to be reddish brown I should say—his hair was brown, medium colour, almost a dark brown, just between a light brown and a dark; I remember that very well.

GEORGE SHARMAN (Re-examined). We left Woolwich for Ireland in March, 1865—the route was only known a week or so—we shifted seveal times during that one year, 1864 and 1865—there was no talk in the regiment about our being quartered at Colchester in 1864; we thought we were going to remain in Woolwich—I have not the slightest idea why Wilson deserted.

SIDNEY ROBERT SMITH . I am governor of Her Majesty's gaol of Newgate—it is the practice to have prisoners measured in my presence, and a full description is taken—the height of the prisoner is 5 feet 6 inches, as measured in my presence—I was present when Sergeant O'Brien wag brought to the gaol, and also when General Millman came—before O'Briea had spoken to the prisoner, in reply to my question as to whether he knew that gentleman he said "Yes, I believe that is Sergeant O'Brien"—Sergeant O'Brien then put several questions to him.

Cross-examined. When General Millman came he said he did not know him; he was among several prisoners—I then put the question to him whether he knew that gentlenlan, he said "Yes, that is Colonel Millman"—the measurement of 5 feet 6 inches was without his boots—if a man is in bad health or taken to stooping it will make a difference in his height—a man may be measured as 6 feet 7 or 8 inches, and 24 years afterwards be might be a feet 6 inches—the prisoner's name was taken down in my presence by the clerk—he came to the gaol on the 16th on committal—I asked him his name, he gave it" Jonathan Geydon—he was then measured—I did not ask him how to spell it—I took it from the commitment "Geydon"—the next question was "Where born?"—"Deddington, Oxon"—"Married or single?"—"A widower without children; can read and write imperfectly"—"His religion?" "Protestant"—'Age, 49"—"Marks on his person," "on the right thumb he has an anchor, faint, in Indian ink, and on the left arm a crucifix, and he has rather a large scar on the centre of his breast, about the size of a walnut"—that was all the account he gave of himself—he did not sign it—I have no signature of his in the gaol—he has not written from the gaol—he told me he had no one to write to, no friends at all—he has greatly improved in his appearance since he has been with us—as far as I know he has not written to anybody—the High Sheriff of Essex has been kind enough to send a solicitor to do the best he can for him; that is Mr. Gepp—I have not heard of the name of Charles Wilson till this afternoon.

Witness in Reply.

HARRY BATCHELOR . I am a clerk in the office of the solicitor to the Treasury—I produce a certificate of the baptism of Jonathan Geydon, purporting to be signed by the Vicar of Deddington, Oxon. (This stated him to be born about the year 1831, and baptized 1831.)

JAMES WILLIAM CLARK (Re-examined). I see on this the name of James Geydon, labourer, Walthamstow—that is the father's name.

The bill offering 100l. reward was read, describing Jonatiian Geydon at 25 years of age, about 5 feet 9 incites in height, brown hair, thin lightish whiskers, incliued to sandy, ruptured, stoops, walks with a hobbling gait, as if tender-footed, &c.


Reference Number: t18791020-958

958. JOHN MANNING (30) , Feloniously shooting at George Rowe Cole, with intent to do grievous bodily harm.


GEORGE ROWE COLE . I live at Abbey Terrace, West Ham—on 19th September I was with some other boys sitting on a gate in Blind lame, West Ham—Darby and Barnes were there—f saw some people with guns there—I saw the prisoner; he had a gun—we were not chaffing him or joking—he said he would send us home—we got off the gate, and ran, and whilst we were running he fired the gun—I did not see it fired; I heard the report; I felt something strike me in the head and legs—I was about 50 yards off, I only guess at that—the ground is level there, but it is a little higher than the fields at the aide—we were on the flat, and so was the prisoner—I was afterwards examined by Dr. Kennedy; he took a shot out of the back of my head.

Cross-examined. There were about 30 boys there altogether, not all with me, and not near us, they were behind us—nothing had passed between us and the prisoner—we had not done anything to him—I had not given him the smallest provocation; all he said was telling us to go home—we never said anything to him—there was no reason for his shooting at us I did not hear the other boys chaffing him at all.

THOMAS WILLIAM DARBY . I am a beerhouse keeper's assistant, and lire at the Bee Hive, Plaistow—I was in Blind Lane with Cole on the afternoon of 19th September—we were sitting on a gate, doing nothing—I saw the prisoner and another man with guns; he never told us to go away—he walked after us when we got off the gate, and ran away—he said he would send us home, and directly after I heard the report of a gun.

THOMAS BARNES . I live at 29, Abbey Street, Plaistow—on 19th September I was sitting on the gate in Blind Lane—the prisoner came up to us and paid "I will send you home"—my witnesses, Darby and Cole, got off the gate and ran away; they were frightened; I ran after them; I was about 10 yards off them—the prisoner pointed his gun towards us and fired; I saw it; one shot struck my elbow—he pointed the gun with his knee and shoulder so (describing), taking aim; he was stooping down a little.

Cross-examined. I don't know exactly which shoulder be put it to—we had done nothing to him; I never spoke to him—I don't know why the others ran away—I should not have run if my other witnesses had not—I would have done battle with him.

EDWARD HARMAN (Policeman K 511). I took the prisoner into custody on 19th of September—I charged him with shooting and wounding three boys—he said he did not know that he had wounded them, he was running after them to drive them home, when he accidentally slipped and the gun went off.

Cross-examined. I took him to the station and he there made a similar statement.

ALFRED KENNEDY . I am a surgeon at Plaistow—I examined the boy Cole—I found that he had received a shot at the back of his head and two abrasions on his buttock—I extracted the shot from the head; it was partridge shot No 6—it had penetrated to the bone—it was not a dangerous wound.


There were two other indictments for wounding the other two boys, upon which an acquittal was taken.

Before Mr. Common Serjeant.

Reference Number: t18791020-959

959. GEORGE SMITH (86) PLEADED GUILTY to feloniously uttering counterfeit coin, after a previous conviction in January, 1875.— Eighteen Months' Imprisonment.

Before Mr. Recorder.

Reference Number: t18791020-960

960. RICHARD PERRY (28) and EDWARD STAMMERS (23) , Stealing a mare, the property of James Cancell.

MR. TICKELL Prosecuted.

JAMES CANCELL . I am general dealer of Barking Side—on 3rd September, at 9 p.m., my grey mare was safe in a meadow—I was roused at 9.30, went downstairs, and found a constable in the house—the mare was gone—I found her next morning in a meadow adjoining the Warren Wood puolic-house, Chigwell—I called the landlord up; he gave me some information—I went with the police and saw them appprehend Stammers at the Reindeer public-house, Woodford; he was taken to Woodford Police-station, and Perry was brought in—I charged them with stealing my mare—they made no reply—I knew Perry before, I have dealt with him for pigs.

Cross-examined by Perry. I have known you two years—I don't recollect buying a horse of you this year at Smithfield, or of changing one away with Walter Weal—I recollect your selling one that was changed and getting 3l. for it—you took the money—I don't remember your giving me 31s. 6d. out of it—I recollect going to Mr. Jones in August and buying a black horse for 4l. 10s.; that was chopped away to Thomas Lee for this grey mare which you are charged with stealing—I wap asked at Ilford whether I had any dealings with you for horses, and I said "No"—I did not buy a horse with you on 16th August; you had a deal, but I had nothing to do with it—you sold it for 3l.; I had none of the money.

By the COURT. I have not bought a horse jointly with Perry this summer—I had nothing to do with the transactions of 7th and 16th August; they were Perry's.

WILLIAM DOW (Policeman K 128). On 3rd September, at 9.30 p.m., I was in Middle Road, Barking Side, and heard horses approaching—Perry was riding one and Stammers the other; they were two grey ones; Perry was riding the one Mr. Cancell claims—when they came near me Perry said "My God, here is a policeman," and with that they turned into a lane leading to Woodford, and galloped as fast as they could—I called to them to stop and pursued them 300 yards, but could not catch them—I went with the inspector and found the mare in the grounds of Warren Wood house—we found the prisoners at the station.

THOMAS QUINNEY (Detective Officer). At 1 o'clock on 4th September I heard of the loss of this mare—I made inquiries, and found her in a field adjoining Warren Wood public-house—I found Stammers at 5 30 a quarter of a mile off, and told him I should take him for being concerned in stealing a horse—he made no reply—I took him to the station, and on the way he said that it belonged to Perry—Knapp brought Perry to the station at 6 o'clock—they were both charged, and made no reply.

WILLIAM KNAPP (Police Inspector). I went and found the mare, and then came across Perry on the high road, half a mile from Warren Wood—I told him I should take him for being concerned with another man, in

stealing a horse belonging to James Cancell—he said "I was just coming to the station to see what you had got my mate locked up for; half the horse belongs to me, therefore I have only stolen half a horse; I was going to take it to Barnet Fair this morning, and the money I got for it I was going to pay lor a bastard child to prevent a warrant being taken out against me"—on the way to Stratford Police-court he said "I don't mind giving Jemmy Cancell 21. or 3l. to stop away; he has no business to come up against me."

Cross-examined by Perry. You did not say "I was going to sell it, and give Jemmy his half, and the rest I was going to pay for the child."

FREDERICK BECKETT . I live at Warren Wood House—on Wednesday night, 3rd ept., about 10.20, I arrived there from the railway station, and saw the prisoners; they had two horses which they had been riding, and one of them was helping our man to take the pony out of the cart, and the other leading the horses down the gateway—I asked them where they were going, they said "Into the field," and that he had two horses there—I said that the agreement was only for three to be there—he said that he brought the horses that night, and was going to take them to Barnet—one was a grey mare—the police came next morning, and I gave them information—the mare was afterwards taken by the police.

Witnesses for Perry.

JAMES JONES . I am a printer, of Woodford—I wrote this letter (produced)—Perry bought a horse of me on 20th August, and it was bought back, but I was in London when it was paid for—I do not know that I ever saw Cancell till this week, but I heard that two men had come and paid for the horse together.

Perry's Defence. We changed the black horse for the grey mare, and next morning I paid 3s. 6d. for new shoes, which made 3l. 8s. 6d. Cancell said, "How are you going on about that horse?" I said, "The horse don't belong to one man more than the other until the money is paid "I went over two or three times, and he said, "You come over, Dick," and if I had sold the horse I should have given him half. Three times I took the pony to his shop, and he told me to come next week. I went on the 30th, and he made another excuse, and put it off till the next Tuesday, and then he had no money; he had to borrow 1s. to get some beer with, so I did not see much chance of getting my money. I did say I would sooner give him 3l. or 4l., and so I would.

The Jury here stopped the case.


Reference Number: t18791020-961

961. RICHARD THOMAS GILES (37) , Embezzling 21 18s. 6d., 4l. 3s. 3d., and 1l. 17s. 6d. of Thomas Mellonie his master.

MR. BESLEY Prosecuted; MR. CROOME Defended.

THOMAS MELLONIE . I am a coal merchant of Ipswich, and have several branch establishments—in May, 1878, I advertised for an agent for Colechester, and in consequence got into communication with the prisoner, which resulted in this agreement being signed—I wrote it myself, and Mr. Chapman, my accountant, witnessed it. (This was dated 16th July, 1878, between the prisoner and prosecutor, by which the prisoner transferred his coal business at Walthamstow to Mr. Mellonie, whose agent he became at a, salary of 1l. a week, and half the net profits after payment of all debts and working expenses, the prisoner to keep the books, and not to retain more than 10l. in hand, but to pay the rest of the receipts to the bankers, and to enter into a bond for 200l. with the Guarantee Society.) I paid between 30l. and 40l. for the plant used in his business—there was an execution in, and part of the price was paid to him, and part to to the Sheriff's officer—he was to give me the whole of his time, and was not to work for any one else—I permitted the arrangement to go on as R. T. Giles and Co., though he was only my servant, because I believed there was a goodwill in the name—he had not then told me anything about other means, except what he got from me—he was to send me a daily sheet, and to keep a ledger and cash-book, which he arranged with Mr. Chapman—the day sheets came irregularly—they were posted into the ledger at Jpswich—he had to supply me every day with a ledger summary of the amount and delivery, the names of customers, and the amount of coal in stock—on 19th September in consequence of something happening I went with Mr. Chapman to the prisoner, and told him that Mr. Breeze had told me he had received money, and had not accounted for it—I mentioned a customer's name, and asked him how he could do such a thing when I had been kind to him, and put him on his legs again, and that he ought to be ashamed to do so—he looked very cast down, and I said "I should like to know the full amount of your defalcations, and be careful for once in your life, and let me know the worst, because it is assuming a very serious aspect"—I took a sheet of paper, and said "You write it down," and as Mr. Chapman turned it over I said "You insert that"—I went out for a walk, and as I came back I met Mr. Chapman—I afterwards saw Giles again, and said "This is a shameful thing of you; I have now no alternative but to inform the Guarantee Society, and I suspend you from any further duty on my behalf; take away anything which is your property"—he opened his desk, and took out a memorandum book and a child's book, and went home—he said that he had paid some money for commissions which he had not entered, and I said "You are not allowed to employ commission agents"—I afterwards saw this list signed by him—he has never accounted to me for the 298l. 8s. 6d. specified here—this letter is in his writing—I received it, I think, on the Sunday morning following the 19th at my private residence. (The letter was signed R. T. Giles, begging the prosecutor to have mercy on him for the sake of his wife and children, offering to work for him for 2l. a week till he had paid back the money, and stating that he had not had all of it, as he had paid Gray and Eaton 2s. a ton.) I did not know of his allowing Eaton and Gray 2s. a ton.

Cross-examined. I found the capital, and horses, and a new van—I knew nothing of the prisoner's business at "Walthamstow, and heknew everything; I left everything to him, and told him to furnish me with a guarantee, and he did so—I left him to conduct the business subject to Mr. Chapman's supervision and instructions, but I gave him instructions—I told him to call on Mrs. Johnson for one; she was one of his old customers who he brought into the business again—he did not tell me it was necessary in re-establishing the business to allow commission to many of his old clients; I should never have allowed it—he did mention commissions, and I objected to it; that was within the first two weeks—he said that he was obliged to give long credits—I have allowed discount, but not commission—I have never seen a receipt of Mrs. Johnson's where he charges her with 5l. for coals and receives 4l. 12s.—I know now that he allowed discount, and he says that he paid commission to Gray and Elton as his agents—he said that he had paid some sums on commission

which he had not entered, but he said-nothing about deficiencies—he did not say that if I would allow him to go through the books I should find that the whole of that sum was covered by commissions; nothing of the kind—he did not tell me he had paid a number of commissions; this list was not in the office then—he did not say when I came back from my walk that the whole sum would be found to be amounts which he had allowed to customers or agents; nothing of the kind—this letter is in his writing (Dated 1st September, stating, "If you cannot trust me I can at once make other arrangements, and give you your money ")—after hearing that letter read I still say that I had not told him before that that he had embezzled, but I did on the 19th—that was after I had received his letter of the 1st—I was at Walthamstow two or three times between receiving that letter and the 19th, and I took steps to get the amounts collected by Mr. Breeze—I suspended him on the 19th; I was not aware that I could give him in custody; I was under the impression that a warrant was required, hence the delay—I took no steps that day to get a warrant—he was not arrested till 2nd October; that was the day I went to the police—I had suspended him on the 19th; I did not ascertain meanwhile that he was taking orders to rival coal merchants; I did not know that before 3rd October, when we were at Worship Street—that had nothing to do with my giving him in custody—by the 4th Article of the agreement I was to send him a cheque for his weekly expenses, and I did so for a long time; but it was discontinued last May or June—I did not send them, it was Mr. Chapman; but I signed them, and to the best of my belief they were sent regularly up to that time.

Re-examined. The best Silkstones were 22s. a ton credit, and 21s. cash—I did not know that he had received the 4l. 12s. from Mrs. Johnson till 19th September, though I asked him about it, and that was the reason Mr. Breeze was sent to claim it—about 8th September I said "How dare you write such a letter? you know the business is entirely mine!"—he apologised, and I said "You must either withdraw the letter, or else I have something else to say to you," and he wrote this: "8th September. Dear Sir,—I beg to withdraw my letter of 1st September, as it was written without due consideration"—after he was suspended he wrote this letter. (This was dated 24th September, requesting to know how long Mr. Mellonie intended to keep him suspended, as his wife and children were starving, and requesting to be allowed 2s. commission on all orders given to Mr. Breeze)—I said that I had never heard such impudence in my life, and went and gave him in custody as soon as I could; I did not lose a train.

FREDERICK WILLIAM EATON . I live at Walthamstow, and have been in the habit of getting orders for coals, which the prisoner fulfilled—coals were delivered to the persons mentioned in the invoices on the days mentioned—on 28th July I settled for 4 1/2 tons and 3 whole tons of Silkstones, amounting to 12l. 10s.—I got the discount, and paid the balance to Giles, who gave me this receipt.

MR. CHAPLIN. I was employed by Mr. Mellonie, at Ipswich, and was present when the agreement was signed—the prisoner was to act under it at Walthamstow and that neighbourhood only—nothing was said as to whether he was to carry on business on his own account—there was very little conversation, it was all arranged before the agreement was drawn up—it was afterwards arranged that he was to give a guarantee for 200l. from

the Society—this is it. (This was dated 26th June, between Mr. Mellonie and the Directors of the Guarantee Society, securing Mr. Mellonie from any act of dishonesty of Richard Thomas Giles while acting as his agent.) Lists were made out under that agreement day by day, but sometimes two days would come at once—these (produced)—are the daily lists from 21st to 31st July, 1879—they are in Giles's writing—on 21st July he reports half a ton of Silkstones to S. Parker, of Beaumont Road, Leytonstone, loaded from truck 2035, posted to folio 209; and on 21st July, W. Boutill, 2, Beaumont Road, one ton, folio 124, &c. (Reading seven orders, and tracing them to their respective folios.) There is no report of those seven amounts in the cash sheets of 28th, 29th and 30th July, nor in the cash-book—it was his duty to report the cash received each day on the cash sheet—although he was not supplied subsequently with 5l. for expenses, he was never in want of money for outgoings, by his cash-book; his own sheets always showed a balance in hand after he had paid wages and other expenses—there is no entry in the ledger, at folio 209, of the payment for half a ton of coals by Parker nor of Hogg, 11s.—one ton of coal is debited to Williamson, but there is no entry of cash—one ton is debited to Elliott, and 11s. to Newman, and 11s. to Rawlinson, but there is no cash—one ton is debited to Boutell, but there is no payment—none of those seven sums occur in his cash-book, but other names are entered as paid on 28th July—I went through the ledger with him on 19th September, and he wrote down the folio and the amount he said had been collected, but the first name is in my writing—I called out the customers, commencing at the first page, and went through the ledger, and he wrote down the amounts—Boutell wag mentioned at page 124 among the defaultere—Parker, 219, is not in the list, neither name, number, or amount, nor Hogg, 209—Williamson, 210, is in the list, but Elliott, 210, is not, nor is Newman, 211—Kawlinson, 212, is entered; 298l. 8s. 6d. is represented in the list—if 2s. per ton had been deducted for commission on every ton since Giles commenced, it would only come to 130l., even supposing he had paid it on every ton, but looking at Eaton's account, he has paid it on 40 or 50 tons only—I know nothing about Grey—2s. in the pound on 298l. would be about 40l.—there is discount for ready money, but these are all entered as credit—I first saw Mrs. Johnson's receipt at Ilford Police-court; I believed it was still owing up to that morning, September 19th—I had told him to get it, and he said "Well, she is a good customer, I can get the money any time I call"—the date he has put on the receipt is 2nd January, 1879.

Cross-examined. I am accountant and cashier—I have never acted as canvasser—I will pledge my oath Giles has not sold 3,000 tons of coals; 1,400 tons is about the amount—on 19th September, when Mr. Mellonie left us for the purpose of Giles giving me an account of all the sums he had received and not accounted for, we were about an hour or an hour and a half doing it; we did it as quickly as he wrote them—I read the whole of the names, and he put down those which he had not accounted for—I have given him no opportunity of making corrections since—he has been suspended and the books taken from him.

Re-examined. December is the busiest month—the prisoner's writing shows a total of 100 tons 15 cwt. in December, 1878, and in January he begins with one ton, so that each month shows the amount sold—in some months it is only 50 or 60 tons—this stock-book is in the prisoner's writing,

it is an account of the coals received from Ipswich from June, 1878, to September 14, 1879—I have never seen it before—it is not the stock, it is a memorandum of the receipts.

HARRIET JOHNSON . I have had no receipt but the one before me—when I paid the prisoner he did not ask for any commission for coming back to me—this was my first transaction.

Cross-examined. I had never dealt with him before—I give the coals away; I do not want commission.

The Jury here stated that they considered the prisoner to be an agent.

NOT GUILTY . There being other Indictments against the prisoner, he entered into recognisances.


Before Mr. Common Serjeant

Reference Number: t18791020-962

962. GEORGE WILLIAMS (34) , Burglariously breaking and entering the dwelling-house of Robert Chaney, with intent to steal.

MR. JOHN COOKE Prosecuted.

CHARLES SIMPSON (Policeman R 149). On 4th October, at 2.20 a.m., I was on duty at River Street, Greenwich, and noticed a light suddenly extinguished in Mr. Chaney's front parlour, and I saw the prisoner come out of the window and turn towards the river—I was about 6 yards from the window—I said, "Halloa, what are you doing there?"—he stopped and said to me, pointing to the window, "That's him," and as I turned to look he struck me a blow on the head with some heavy instrument, and I became partly stunned—I then saw another man come out of the same window and strike me violently across the front of the helmet, knocking it off, and they both ran away—in about half a minute, as soon as I could recover myself, I gave chase after them, and the witness Robinson, the lighterman, came out of a hut and caught the prisoner at Angerstein's bank—I was about 20 yards behind him—when I cot up to them the prisoner paid, "What are you going to do with me?"—Robinson said, "What have you done?" and he replied, "I have done nothing"—I said, "What did you run away for?"—he said, "What would you do, if you were in trouble?"—with the assistance of another man from the river, we took him to the police-station, where I saw him searched, and some silent lucifer matches similar to these (produced) were found upon him, corresponding with tome we found in the room—the first blow struck me between the ear and the left eye—I have suffered very much since, and have been treated by a doctor, and have been off duty ever since in consequence—I never lost sight of him, but he dropped down in the mangold field about 40 yards in front of me.

WILLIAM ROBINSON . I am a lighterman at the mud works, East, Green wich—about 2.30 a.m. on Saturday, 4th October, I heard cries of "Stop thief," and saw the prisoner running along the bank towards me—he had an instrument in his hand, 6 or 8 inches long, and said, "Stand back," and passed me—I followed, and he ran in among some mangolds in a field, and I caught him at Angerstein's bank—he fell, and I loll on the top of him and stuck my knees in his stomach, and got him by the throat—he said, "What are you going to do?"—I said, "What have you done?" and he said, "Nothing, mate"—I stuck to him till the

constable came up, and with the aid of another man we took him to the station—he was not drunk—I pursued him about a mile—we did not find the instrument—lie had an opportunity of throwing it away.

ROBERT CHANEY . I live at 2, Ever Place, East Greenwich—at 11 p.m. on 3rd October my house was secured, and the parlour window fastened—I was knocked up about 2.30 a.m., and on going into the parlour I saw the house had been entered by the window, and the fastening broken—some flower-pots which were inside the window had been removed and thrown into my front garden—I found this empty matchbox and some lucifer matches which had been struck lying about the parlour carpet—I know the matches as "Tanstickers," and they strike only on the box.

JOSEPH MARTIN (Police Inspector R). At 3 a.m. on the 4th the prisoner was brought to the station, and I went to examine the prosecutor's premises—I found the parlour window had been opened from the bottom by some instrument; the woodwork was broken, and the catch broken off—there were some lucifer matches lying about the floor—there were no flowers in the window; there were some in the garden, which appeared to have been taken there and set down—they were not broken.

By the COURT. The garden was on the opposite side of the road 7 or 8 yards distant from the window—the window is about 3 or 3 1/2 feet high from the pavement, and has no garden in front—the matches I picked up were the same kind as those found on the prisoner—the garden belongs to the house, but is separated by the roadway—it is all fields and gardens opposite, and there are no houses.

THOMAS SAVERY . I live at River Cottage, East Green wich—about 2.30 a.m. on the 4th I heard some one calling out for help—I dressed myself and went down to the bank, and found the prisoner in custody of Robinson and the policeman—about an hour afterwards I picked up this crowbar on the river bank about 250 yards from the house, and I gave it to the constable.

CHARLES SIMPSON (Re-examined). I have heard where the crowbar was picked up, and it would be where the prisoner ran.

Prisoner's Defence. On 3rd October I was looking for work, at about 9.30, and going towards Northfield, when I met a man who gave me liquor and. took me for a night's lodging, but when I woke up I found myself opposite this house. I was a little sobered, and the man said, "Come indoors and have a rest; it will do you good." He was getting through the window, and said. "Get in." I said, "This is not the way to get in," and he said, "I have not the key, and don't want to wake the people." I saw the constable coming, and when about 20 yards from me I deliberately walked up to him. He said, "What's the matter?" I said, "There's a man leading me astrav." He said, "Where?" I said, "There he goes through the window," and the policeman struck me, I would not stay to be abused, and ran away and was stopped. I never touched the constable with fist or instrument, and there is no one to say so but himself. I have never seen the instrument that has been found. It was a public path and 250 yards distant. I was going into the place, but had not the slightest idea of committing a burglary. I walked about from district to district to get employment, but there is nothing to do now. I am a tinsmith and coppersmith. I am innocent."

GUILTY . The Prisoner also PLEADED GUILTY to having been before convicted of felony at this Court on 14th December, 1868, as John Brown.**†— Twelve Years' Penal Servitude.

There was another indictment, upon which no evidence was offered.

Reference Number: t18791020-963

963. WILLIAM WOODWELL (23) , Stealing two planes and other articles, value 5l., the property of George Rose, from his dwelling-house.

MR. RAVEN Prosecuted.

GEORGE ROSE . I am a carpenter at 51, Lucas Street, Deptford—the prisoner lodged with me from 6th to 20th September—on the 19th I missed a pair of sleevelinks, and on the 20th the sash plane or fillester produced, and I had the prisoner locked up on the 20th—on the 21st I missed these other sleevelinks; on the 22nd a picture, a lady's companion, and an aluminium gold pencil case; and on the 23rd a pair of white flannel drawers, a brooch, a pair of earrings, a striped shawl, a night dress, a large black cross, a chemise, a pair of boots, a long blue Whitney jacket, a penknife, a gown or polonaise, a flannel petticoat, a pair of slippers, a metal penholder, another pair of sleevelinks, and a moulding plane—I identify these two planes and the sleevelinks as my property—I next saw them at the police-court—I charged him on the Saturday with stealing the plane and links, and he said "I never took them"—I said "I shall give you in charge"—he said "You may do so, but I am innocent"—I sent for a constable, to whom I produced this pawn ticket for the planes—the prisoner then said "J have taken these things, but nothing more."

SARAH ROSE . I am wife of the last witness—the prisoner lodged with us for a fortnight, and on the 19th we missed my little boy's sleevelinks, which he had recently worn, and they were lying on the kitchen dresser in a pair of cuffs—I missed the things which were in the list just read out by my husband, and have seen most of them at the police-court—I had seen them all safe on the 17th or 18th, and locked them in a box in my house in the room which the prisoner occupied—I afterwards found the box broken open and the hinges off—I identify all this property (produced) as mine.

HENRY TAYLOR . I am assistant to Richard Carpenter, pawnbroker, High Street, Deptford—the prisoner pledged with us the fillester on 13th for 2s. 6d. in the name of Charles Dobson; and on the 17th he came and paid the interest and had another shilling on it—ou the 18th he pledged this pair of boots for 3s. in the name of McDowel.

Cross-examined. I said I would lend you more money on the fillister, and you told me you did not want any more.

WILLIAM JAMES WILSON . I am assistant to Mr. Arnold, pawnbroker, Deptford Broadway—this jacket (produced) was pawned by the prisoner for 2s. 6d. on 20th September in the name of John McDonald.

Cross-examined. I did not take the pledge, but was in the shop—the., assistant did not say you could have more money.

ARTHUR HEYWOOD . I am assistant to Mr. Thrup, pawnbroker, Deptford Broadway—I produce a flannel petticoat pawned by the prisoner on 19th September in the name of John McDolan for 2s

Cross-examined. I said at the police-court I could not swear to you; but I swear to you now.

JOHN DAVID URRY . I am a pawnbroker at 451, New Cross Road, Deptford—on 19th September the prisoner pledged this gown for 3s. in the

name of John McDonald (ticket produced)—this pawn ticket (another), 1st October, 1879, for a ring, 3s., in the name of John Whiffin, is one of mine, but I know nothing of it.

WILLAM LOVELACE . I am employed at a coffee-house, 127, High Street, Deptford, by Mr. James Downing—on a Wednesday or Thursday, about five weeks ago, I served the prisoner with a pint of coffee and bread and butter—he paid me and in a little while he came to the counter with the flane produced, and said "Can I leave this plane till I come in again?"—took it, and as he turned away I said "You had Utter leave your name and I will put it on," and he wrote his name on this slip of paper (produced)—he did not call again, and I gave it up to the constable.

SUSANNAH DOWNING . I am wife of James Downing—on Saturday, 20th September, after I had served the prisoner with his dinner, he brought me this black bag (produced) and said "Can I leave this bag till I have finished work?"—I said "You can"—he was not a regular customer—the bag contained the shawl, slippers, night dress, and other articles produced—I did not examine it—I gave the bag to the policeman and next saw the prisoner at the police-court.

ALFRED ATTREE (Policeman R 318). I apprehended the" prisoner on Saturday, 20th September, about 6 p. m., at 51, Lucas Street, Deptford, in Mr. Rose's workshop—I said "I shall take you in custody for stealing a fillister and a pair of sleevelinks"—he said "I know nothing about it; I have not taken them"—I produced a pawn ticket and said "What does this refer to?"—he said "That's it"—I said "What?"—he said "The ticket of the plane or fillister?"—I said "What about the sleevelinks?"—he said "I have given them to a young woman I was going to meet at the North Kent Station to-night"—I afterwards searched his room and found 15 pawn tickets (produced), some of them relating to this property.

The Prisoner, in a written defence, stated he was getting 1l. 12s. a week; that after being out with a female he missed his purse and 31s., and being without money, asked his master to lend him some, but he refused, and that he then pledged the things till he could get some money from his parents or the Post-office Bank, where he had a good deal of money, but had to give three days', notice to get it.

GUILTY . He also PLEADED GUILTY to a former conviction of felony at Surrey Sessions on 13th April, 1877**— Five Years' Penal Servitude.

Reference Number: t18791020-964

964. CHARLES JOSEPHS (46) , Stealing 11. 18s. 6d. and 1l., the moneys of William Robert Soper.

MR. FRITH Prosecuted.

WILLIAM SOPER . I am a grocer at Tanner's Hill, Deptford—on 20th September the prisoner was employed as a carpenter at my house by the person who was doing some repairs—about 11 a.m. on the Saturday I put in a box in my drawer 16l. in gold and 3l. in silver and locked it up—at 7 o'clock the same evening I found the drawer broken open, and I missed 1l. 188. 6d.—I came downstairs and spoke to my wife—on the following Monday night I placed in the same drawer 61. in silver and 41. in gold—on the Tuesday I found the drawer had been again prised open, and 11. taken from the box, which was not locked—I then gave the prisoner in charge at the Thames Police-station—the drawer was in my bedroom adjoining the

room in which the prisoner was working—no one else was was'ing there—this (produced) is the chisel he was using.

Cross-examined. You left your tools in the shop—they were not left two days outside where anybody could get them—I did not see you in the room.

By the JURY. He had no occasion to go into my bedroom—he said he had ricked his side and went to the door to get some brandy—my bedroom door was wide open—I spoke to my wife after missing the first money, and went to his master on the Tuesday.

MARY ANN SOPER , I am the prosecutor's wife—I was in the sitting-room adjoining the shop all day on Saturday, the 20th—the servant had done work before the prisoner came, and no one was upstairs besides himself—he went up after breakfast, and about 12 came down and said he had ricked his side, and asked me where he could get some brandy—I pointed out a public-house, and he went—in about 20 minutes he returned, and said he had seen Mr. Gibson, who told him he had better knock off—he fetched his tools downstairs, and went away about 12.30—I know this chisel (produced)—the prisoner showed it to me the first day he came, and said he had dropped it from his basket and broken it short at the handle—nobody else was upstairs while he was there—he took his tools away when he left work so that nobody else could use them.

Cross-examined. You left about 12 to go to lunch—the tools were in your basket.

ELLEN GRIST . I was servant to the prosecutor—the prisoner was working in the kitchen on Tuesday, 23rd September—he went up into the bedroom in the morning for seven or eight minutes when he came to begin work—nobody else was in that room, or in my master's bedroom—the master's bedroom door was open—I do not know anything about the loss of this money.

Cross-examined. I was in the sitting-room with my mistress, and did not see you come out of the master's bedroom on the Saturday.

HARRY GOODWIN (Police Sergeant R). On 24th September I found the prisoner at the George public-house the worse for liquor—I said "Well, Josephs, I am going to apprehend you, and you will be charged with forcing open a drawer in a bedroom at Mr. Sopor's, No. 6, Tanner's Hill, where you have been employed, and stealing therefrom on two different occasions the sum of 21. 18s. 6d."—he said "You did not see me steal it"—I said "No, I did not—"he said "There was a servant there; this will be a trial job"—I took him to the station, and went back to Mr. Sopor's and took this chisel upstairs, and it corresponded exactly with three distinct marks on the drawer—the drawer was pulled open with the lock still locked.

HENRY HOUGH . I am barman at the Royal George—on 20th September about 12.20 the prisoner came in for threepenny worth of brandy, and said he had fallen off a pair of steps at Mr. Sopor's and ricked his side—he took out 1l. 10s. in gold and some loose silver—he was a perfect stranger.

Cross-examined. You pulled the money out of your pocket three or four times and counted it—I swear I saw the money.

By the JURY. There was a counter between us—he was sober.

Prisoner's Defence. I am a hard-working man, and hope you will take that into consideration; and if you have any doubt in my case, you will give me the benefit of it.

GUILTY . He further PLEADED GUILTY** to a previous conviction of felony in August, 1876, at Greenwich.— Twelve Months' Imprisonment.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18791020-965

965. FREDERICK POUND (19) PLEADED GUILTY to burglary in the house of Charles John Irish, and stealing a pair of shoes and other goods, and 11. 7s. 6d. in money.— Twelve Months' Imprisonment.

Reference Number: t18791020-966

966. MARGARET COYLE (23) , Feloniously marrying Edwin Middleton, her husband being alive.


PATRICK DAVIS (Police Sergeant R). On 2nd September I took the prisoner at the Marquis of Lome public-house, Woolwich, and told her she would be charged with marrying James Middleton, her first husband being then alive—she said "I was in a convent, and my mother compelled me to marry him against my will"—I took her to the station—I have compared this certificate (of the second marriage) with the original, and it is correct.

JEREMIAH HOOLAHAN . I am a private in the 108th Foot, at Portsmouth—I know the prisoner, and was present in 1872 at her marriage with James Coyle at a Roman Catholic Chapel in Deesa, Bombay—James Coylo was in my regiment—I last saw him about five seconds ago—they were married with the consent of the commanding officer—she went with the regiment, and came home with it in 1876, and remained with it till he was discharged.

EDWIN MIDDLEION . I am a shoeing smith in the Royal Horse Artillery, Woolwich—I first became acquainted with the prisoner in April last, and went through the ceremony of marriage with her on 25th August at the Registry Office—she gave the name ot Margaret Gillas, and represented herself as a single woman, and about a fortnight afterwards her husband came and claimed her—I have not lived with her since.

Prisoner's Defence. I told him I was married, and believed my husband was dead. I was away 12 months from my husband, and they told me of his death in London, and to make sure of it I wrote to him, and received no answer.

GUILTY. Recommended to mercy by the Jury. One Day's Imprisonment.

Reference Number: t18791020-967

967. JOHN NORRIS (30), DANIEL LINIHAN (24), and JOHN CARTY (30) , Feloniously wounding William Girling with intent to disable and to do him grievous bodily harm.

MR. M. WILLIAMS Prosecuted.

WILLIAM GIRLING (Policeman R 284). On 3rd October I was on duty at High Bridge, Greenwich, and saw the prisoners ejected from the Three Crowns public-house about 11.45 p.m., and saw the landlord shut the door—I persuaded them to go home, but Linihan said, "You——, I'll corpse you to-night"—they went towards Queen Street, and I went on my beat towards the Trafalgar Hotel, and in turning round I saw the prisoners again, and Linihan rushed out and struck me on my face with his fist—whilst struggling with him, the other two prisoners got behind me and threw me down—I held Linihan and fell with Norris, and Carty came up and kicked me in the side of the head, cutting my ear—I became insensible, and the other two got up, and they all three began kicking me about the head and body—I got up and drew my truncheon, but

missed my blow—Carty got hold of it, and broke the strap from my wrist, and one of them struck at me with the truncheon and ran away up Queen Street—I was out on the cheek and wrist—an open knife was found near the spot next morning by Policeman R. 72—after I recovered I sent a child to the station for assistance, and the prisoners were apprehended in a house in Queen Street—I heard Carty say, "We shall have to get out of this in the morning; it will be too warm for us"—they were very violent on the way and at the station.

CHARLES CROSS (Police Sergeant D 22). At 11.20 on 3rd October I was outside the police-station, and from information received I ran down East Street, and met Girling without his helmet and covered with blood—I went up Queen Street with him and on passing No. 25 I heard voices—I listened, and heard a man's voice inside say, "This is the way we served the b——policeman'—a woman's voice replied, "You will all get locked up if you go on like this"—the man said, "If we lock ourselves in this room till the morning, we shall be safe here"—I got assistance and opened the street door, and saw Carty with a truncheon in his hand, about to strike me—he lushed out and seized me by the collar—I seized his wrist, and forced him buck against the door, and he dropped the 'runcheon—I handed him over to another constable—I came outside and saw Carty striking Brnge on the ground—I pulled him off—Norris was quiet—the other two were very violent—they were all sober.

JOSEPH BENGE (Policeman R R 24). Carty was given over to me in Queen Street by Sergeant Cross on 3rd October about 11.30—when I got near a iodging-house Carty said, "You—, I'll give you something low I am by myself"—he threw me down and kicked me in the hip and on the leg and elbows, and Inspec or Davis came to my assistance.

WILLIAM GOUGH (Policeman R 72). At 6.30 a.m. on 4th October I picked up this knife (produced) at the bottom of East Lane, close to High Bridge—both blades were open—the scene of the scuffle was afterwards pointed out to me, and that was about the spot.

JOSEPH DAVIS (Police Inspector R). I went with Cross on 3rd inst. to the place described, and saw Girling without his helmet—I went to a house in Queen Street and heard the conversation—I saw Carty with a truncheon in his hand—I saw Carty on the top of Benge, and striking him, and I assisted in getting him off.

Cross-examined by Carty. I did not kick you behind.

ANN DONOHUE . I am wife of Patrick Donohue, 2, High Bridge Road—on 3rd October I opened my window and heard a row at the Three Crowns—I saw the landlord eject three men—the constable came up and said, "Go home, there's good fellows, and go to your work in the morning"—they would not go away, and swore at the constable—after that the constable went along the main street—the men did not go away—I then heard the click of a knife, and saw Noris with a knife in his hand—he used a bad expression and said he would rip him with the knife, and they followed the constable down the street—I did not aee any more.

Cross-examined by Catty. I heard you tell them to leave the policeman alone.



Recommendtd to mercy by the Jury, as he tried to pacify the other prisoners.— Two Year's Imprisonment each.

Reference Number: t18791020-968

968. ARTHUR COOPER (22) , Embezzling 1l. 2s. 8d. received by him on account of George Sibery, his master.

MR. KISCH Prosecuted.

GEORGE SIBERY . I am an ironmonger at Burut-ash Lane—the prisoner was in my employment as assistant about three months, and had authority to collect my accounts—on Saturday, 6th September, my wife gave him instructions—she is not here—I said, "How is it you have not brought Mr. Smelling's money back?"—he said, "I have not got it; they could not see me"—on 6th September I called on Mr. Snelling, who was a customer of mine, and was indebted in the sum of 1l. 2s. 8d., but did not see him—I did not say anything to him about my going to Mr. Snelling'g—I have never received the money or any part of it.

Cross-examined by the Prisoner. I went to see Mr. Snelling first about a fortnight afterwards—Mrs. Sibery put the questions to you—I asked you no questions—no conversation passed between you and myself regarding the money—Mrs. Sibery was the chief person connected with it.

ELIZA CARPENTER . I was formerly cook to Mr. Snelling—on Saturday, 6th September, the prisoner brought me this account for 1l. 2s. 8d., owing by Mr. Snelling to the prosecutor, and said Mr. Sibery had sent him to see if Mr. Snelling could pay a small account—I paid him the amount and he receipted it, and his initials appear—I do not know if he applied more than once—he represented that he came from Mr. Sibery to collect this amount.

JOHN TYLER (Police Inspector R). I saw the prisoner at Mr. Sibery's on 20th September, and said "I have come to take you in custody on the charge of embezzling 11. 2s. 8d. belonging to your master"—he said "Yes it is a very bad job; I had the money, but I lost it out of my trousers pocket, and it was my intention to have replaced it provided my master had given me time.

Prisoner's Defence. I received the money, and it was my intention to pay it to the prosecutor, but unfortunately I lost it on my way home. I did not know how he would take the case if I told him I had lost it, and I thought I would say nothing about it until I had the money, and could hand him the amount.


Reference Number: t18791020-969

969. JOHN SEADON (40) , Feloniously marrying Mary Weeks, his wife being alive.

MR. PURCELL Prosecuted.

MARY ANN COLE . I am a widow, at 28, Prince's Street, Deptford—the prisoner lodged with-me in Hughes's Fields for about two years in 1871 and 1872 with a woman he called his wife—I have seen him since several timet with Mary Weeks, and I saw his first wife about six weeks ago—in 1872 I went with her to Euston Station, and saw her off by the train.

Cross-examined by the Prisoner. You lived with me about five months after your wife left.

JOHN THOMAS FOX (Police Inspector P). On 14th September I took the charge against the prisoner from a person calling herself Elizabeth Sesdon—I asked her in his hearing when she was married to him—she said "Thirteen years ago"—he said "It is 15 years since we were married at St. Ann's Church, Donegal Street, Belfast, and I thought that after a man had been away from his wife seven years he could marry again."

RICHARD ROLFE (Police Inspector P). I was present when the prisoner was brought in on the 14th—both women were there—I said "You are charged with marrying this woman Weeks, having previously married another woman"—he said "Yes, I did; I thought when a man was away from his wife seven years he could get married again"—he said he married the first woman about 13 years ago at St. Ann's Church, Belfast—I produce the marriage certificate, and also certificate of a marriage between George James and Mary Weeks.

MARY ANN FINN . I live at Straban, Ireland—I do not recognise the prisoner, it is so long since I saw him—I was present on 18th January, 1864, at St. Ann's Church, Belfast, at the marriage of Elizabeth Terry with James George, but I cannot swear to the prisoner—I have not known much about them.



Before Mr. Common Serjeant

Reference Number: t18791020-970

970. JAMES COCKLAND (19) PLEADED GUILTY to stealing a mare, a van, and set of harness of the goods of Joseph Harbutt, also to stealing a cart of Lewis Wild.— Twelve Month' Imprisonment. And

Reference Number: t18791020-971

971. THOMAS GOATLEY (38) to burglariously breaking and entering the dwelling-house of James Allen, and stealing therein a gold chain and other articles his property.— Twelve Month's Imprisonment. [Pleaded guilty: See original trial image.]

Reference Number: t18791020-972

972. EDWARD LANG (52) , Forging and uttering 50 orders for the delivery of goods with intent to defraud.

MESSRS. SAFFORD and ROBERTS Prosecuted; MR. WILLS Defended.

JAMES TURNER . I manage Mr. Hall's business, 120, Lower Marsh, Lambeth—he carries on business there and in Birmingham, as the Victoria Tea Company—it is the custom at his establishments on the sale of 1/4lb., 1/2lb., or 1/2lb. of tea to deliver a coupon or ticket to the buyer; this is a Alb. ticket, "1/2. The Victoria Tea Company, 120, Lower Marsh, Lambeth"—a number of those tickets entitles the bearer to any articles in the window, such as glass shades, and other things—on Saturday, 4th October, the prisoner came to the counter, and asked me for 1/2lb. of tea, I served him, and gave him a 1/2lb. coupon—he turned to the side counter, and said "How much does that shade go for?"—it covered a stuffed bird—I said "25lb.'—he said "I will have that," and produced these 50 half-pound tioketi—I immediately saw that they were forged, and handed them to my porter, Fish, and said "Just count these carefully, and wrap this up to this gentleman"—while he did so I spoke to a woman outside, sent for a constable, and gave the prisoner in custody—the "120" on the forged tickets is straight (Roman letters), and on the genuine ones it is slanting (Italics), and" the word "The" is smaller in the forged than in the genuine ticket, and the 2 in 1/2 is larger in the forged one—there is also a difference in the cardboard on tearing it; the genuiue is brown, and the forged is white—I went with the constable to the prisoner's address, 22 st. Arden Street, Battersea, and saw a woman there, who pointed out a parlour in which on a table were found a quantity of the prisoners cards as a printer at that address—I noticed that the ornaments on the mantelshelf had been recently removed, by dust marks where they had been, and also on the sideboard—I also

found llb. of tea, marked "Victoria Tea Company, 156, Old Kent Road"—we have another establishment there, and the coupon system is used there—I left it there—we found a printing press in working order, in a cellar, and also this concertina which came from our shop, it has our private mark on it—I do not know when it left our shop—this doll and purse were found upstairs, and these three jugs and this brush in the kitchen—they are the same description of articles as we give away with our tea

Cross-examined. I went to his house an hour and a half after he was in custody—I have been three years in the company's employ—did not notice the difference in the inside of the cardboard till the clerk at the police-court pointed it out—I had never torn one open for curiosity—the company have I think seven establishments—we have always used this coloured ticket since the Lower Marsh shop has been open—coupons from 156, Old Kent Road are not available at Lower Marsh, if they were we could not keep our stock right, and the addresses on them are different—I cannot say whether the prisoner's wife has not bought tea for some time at our shop—the bird and shade are worth about 14s.; it goes for 25lb of tea—the articles are sent from Mr. Hall at Birmingham—we do not sell them for cash.

Re-examined. Since the prisoner was given in custody I have found a large quantity of coupons similar to these, hut none since.

JAMES FISK . I am a porter in Mr. Turner's employ, at 130, Lower Marsh—I wait on people who bring coupons in change for articles they require—on Saturday, 4th October, I saw the prisoner come in and hand tickets to the manager, after asking him how many were required for the bird under the shade; I counted them and found they were counterfeit; I tied up the shade and he had it in his hand, when a policeman entered the shop and touched him on the shoulder.

Cross-examined. urner said count them carefully, and from that I concluded that there was something wrong, and examined them to see if they were counterfeit.

Re-examined. My attention had been called to the tendering of forged tickets previously; it had been discovered, and that was an agreed sign between me and the manager.

WILLIAM TOWNSEND I am assistant at 120, Lower Marsh; I first saw the prisoner two mouths ago, when he came to the shop for llb. of tea; there was a pair of pink lustres on one side—he asked me how many pounds they went for, I told him 401b—he said, "I have 401b.; I will have those lustres," and gave me 40 llb. tickets—I delivered the lustres to him and noticed that his tickets were a lighter colour, but I did not notice they were forged and put them away—my master called my attention to it and I went through the tickets in the shop and found some light ones among the dark ones; the light ones were forgeries—I next saw the prisoner on 4th Ootober, when he was given in custody, and recognised him at once.

Cross-examined. I did not see him when he came into the shop, but when I saw him I recognised him—that was directly I heard he was suspected—the transaction with the llb. tickets was two months previously; the tickets are worth 6d. on llb. of tea, and the lustres were valued at 20s.—our tickets might fade—it was a month before I suspected these tickets were forged.

The COMMON SERJEANT expressed a doubt whether the tickets were orders for the delivery of goods, and they were not charged as requests.

MR. SAFFORD. on the authority of Reg. v. Kay, 1 Crown Cases Reserved, submitted that the ticket was an authority entitling the bearer to goods, and that therefore it wax an authority within the meaning of the statute, and that as the word authority did not appear in the old statute, but had been introduced into the new one, it was not affected by the old decisions, and the decision in Kay's case was that it was not necessary that anything should appear on the ticket stating that the bearer was entitled to goods, but thai it was the same as in the case of a turnpike ticket, where it was sufficient that persons had been in the habit of treating similar documents as warrants for the payment of money. (See Reg. v. Chambers, 1 Crown Cases Reserved, 257, and Reg. v. Fitch, Russell on Crimes, vol. it, p. 823.) In some cases, such as a pawnbroker's duplicate, it was not necessary for any signature to be attached, Vie mere delivery being sufficient to entitle the bearer to the article.

MR. WILLS contended that all the cases cited applied to the receipt of money, whereas this did not.

The COMMON SERJEANT considered that there was no doubt that under the old statute this would not have been a forgery, the only question was whether it was one under the new statute; he should hold thai it was, reserving the question for the Court above if desired.

EDWARD GODDARD (Policeman L 214). On Saturday evening, 4th October, I was called to 120, Lower Marsh, and found the prisoner at the counter—Mr. Turner gave him into my custody; he said, "I don't understand it"—after the charge was read over at the station he said, "It has got to be proved"—I found this card on him (A green ticket blank)—I saw a woman, outside the station—I went to the prisoner's house and found this card, 'E. Lang. gold, colour, and general printer, 23, Arden Street, "Haynes Street Battersea "; that was the address I went to—I saw a woman there, who was I think the same I saw outside the station—I searched the premises and found in the prisoner's bedroom in a drawer this doll and a purse—I found this concertina in the lower part of the house, also a large quantity of type, a set of jugs, and a brush.

Cross-examined. I went there an hour after he was taken—I found a printing press; there was no concealment about that—the prisoner had not got hold of the glass shade when I went into the shop—I find that he is a printer working for Mr. Howlett, of Frith Street, Soho, up to the time I took him.

Re-examined. He said he was not aware he had any of the type at his house.

CHARLES WILLIAM TAYLOR . I am printer to Mr. Hall, of Birmingham, who carries on business under the title of the Victoria Tea Company—I print the tickets for all his establishments—the Lower Marsh business was opened last May twelvemonth, and since then I have printed all the tickets—the half-pound tickets at No. 120 are always green, and the quality of the card has always been the same—the centre of the card is brown—I had noticed that before this inquiry—it is letter-press, and is a proof printed from this block (produced)—these other tickets are all forged; the line between the 1 and the 2 in "1/2" is different, the short line is in the forged ticket, and the 120 is upright in the genuine ticket and slanting in the forgod one—our tickets are old-fashioned, and the forged tickets have what

wo call ordinary italics; the middle of the forged ticket is white, and ours is brown—this 1lb ticket is also forged, and has a white centre; the 120 is upright in this one.

Cross-examined. When I say they are forged, I mean I did not print them—I know I did all Mr. Hall's printing, as he engaged me to do the work—he is not here—my attention was first called to the middle of the cards six weeks ago, that was before I was at the police-court—I printed 10,000 of these tickets to begin with, all from the same block, and they passed through my hands.

The Prisoner received a good character.

GUILTY of the uttering .— Judgment Respited.

Reference Number: t18791020-973

973. ALFRED ROFFEY (16) , Unlawfully offering a medal resembling a sovereign, with intent to defraud.

MR. POLAND Prosecuted.

JAMES WALTERS . I am in the service of George Buddon, a bootmaker, of 197, Westminster Bridge Road—about 12 o'clock on 23rd December, the prisoner came in and selected a pair of boots at 18s. 6d., and gave me this Hanover medal (produced) instead of a sovereign—I said "Where did you get this from?"—he said "I got it from a bank in York Road, Westminster, with four others, in change for a 5l. note"—my master kept him while I gave him in custody, and the policeman found on him a purse containing 11 other medals—I told the constable what he said about the bank, and then he said "I have been telling lies all along."

JESSE WILGOS (Policeman L 202). I was sent for, and found the prisoner detained at 187, Westminster Bridge Road—I said "I shall take you in custody for uttering this Hanover medal in payment for a pair of boots"—ho said "I picked it up this morning, I did not know but what it was good"—I said "I shall search you"—he produced a purse from his pocket containing 11 more of similar medals, except that one was smaller, a half one-going to the station he said "I would not have done it but I have been in London nine months, and I was starving, I can't get a situation; I picked them up this morning in the mud, wrapped up in paper"—at the station he said "I bought them at a place near Charing Cross this morning for 6d."—he was sober.

WILLIAM WEBSTER . These are known as Hanoverian medals, but they are new, and better made than any I have ever seen, and a better colour; and here is a half one, which is the same size as a half-sovereign, but not bo thick—they are milled, but the knerling is smaller than a sovereign—the legend is "Victoria Regina," and there is no coin like that—this is supposed to be the head of the Duke of Brunswick—they are used as whist-markers—they do deceive people, but I should not take them—they might be taken by gaslight.

GUILTY. Recommended to mercy by the Jury on account of his youth. Nine Months' Imprisonment.

Reference Number: t18791020-974

974. THOMAS WHITE (57) , Unlawfully uttering counterfeit coin.

MR. POLAND Prosecuted; MR. OPPENHIEM Defended.

ESTHER COBB . My mother keeps the Horse and Groom, Lower Tooting—on 28th September, between 7 and 8 o'clock, I served the prisoner with a glass of six ale; he gave me a shilling, I put it in the till, and gave him

10 1/2 d. change—I did not notice that it was bad—he drank the ale and left; he returned not 2d. minutes afterwards for another glass of ale—I knew him again—he gave me another shilling, which was bad; I said "Young man, this is a bad shilling"—he said nothing, but picked it up, put it in his pocket, and gave me a good florin—t went to the till to get change and found the other bad shilling there, and no other shilling—I had had no one in since the prisoner left—I said "I have taken a bad shilling of you before, and if you do not allow me to take for it out of the florin I will have you locked up"—he made no answer, and I gave him the bad shilling and 10 1/2 d., taking 1s. 1 1/2 d.—he appeared sober the first time—I gave him on each occasion a sixpence, fourpence, and a halfpenny—Charles Cork, who was there on the second occasion, went after him, and I gave him in custody.

Cross-examined. He made me no answer—I was not aware that he was deaf—when I saw that it was bad he picked it up, put it in oue pocket, and gave me the florin from another pocket—it was not till I went to the till that I said "If you do not allow me take it from this I will have you locked up"—he appeared sober the first time but silly—I noticed him more the second time—he seemed to have an impediment in his speech.

CHARLES CORK . I am a gardener—I saw the prisoner in the Horse and Groom on the evening of 28th September, and saw him give the last witness a shilling; she said "Young man, you have already given me one had shilling, this is the second bad shilling you have given me to-night"—she gave him back one shilling, he left, and I followed him and spoke to Lewis, who was in uniform, about 200 yards from the house—Lewis went up to him and found him lying on the ground close to the road—I thought he was silly—Lewis got him up and I saw him throw something away—Lewis picked up a shilling in that direction.

JOHN LEWIS (Policeman W 402). I was on duty near the Horse and Groom, and Cork pointed out the prisoner to me, who was in the act of rising from the ground—I said "Hallo, old fellow, what have you been up to?" and caught him by his arm—he said "Let me go and I will go home"—he put his hand in his trousers pocket, I caught him by his wrist and saw a counterfeit shilling go on the ground; it seemed to drop from his hand—I held him with one hand and picked it up with the other—I found four more shillings in his hand, one loose and three in paper, with a separate piece of paper between each—I found in his waistcoat pocket six good sixpences, and 15 1/2 d. in bronze but no other shilling—I found this other bad shilling loose in his coat pocket at the station—he gave his name Thomas White as well as I could understand—he had been drinking a little.

Cross-examined. He did appear the worse for liquor, and I could not understand what he said, he is deaf and has an impediment in his speech—we could not find out who he was till we made inquiries—we found next morning that he was assistant gardener to Mr. Bailey, of Streatham, and had had his wages paid on the Saturday night—10s. 3d. was found on him including the six bad shillings.

WILLIAM WEBSTER . I am Inspector of Coin to the Mint—these three shillings in paper are bad and from one mould—the shilling taken from hit waistcoat pocket is bad and from the same mould as the other three—the other two are also bad—five out of the six are from one mould.

The Prisoner's Statement before the Magistrate. "I received half a sovereign from my master. I asked the clerk in Stockwell Road to change it, and he gave me this money in change. I put it in my pocket directly, and went to Tooting, and got a glass of beer."

Witnesses for the Defence.

DANIEL WRIGHT . I am gardener to Mr. Bailey, of Leigbam Court Road, Streatham—I gave evidence before the Magistrate for the prisoner, who I employed at Mr. Bailey's place for five years, three or four days a week, and have sometimes all the week—he had access to all the different parts of the place, and I never missed anything—he is strictly honest—he is not sharp; he has an impediment in his speech, and is deaf—he goes by the name of Deaf Dummy—on the Saturday evening when this happened I paid him half a sovereign in gold, four sixpences, and 6d. in copper.

Cross-examined. He had worked nearly all the week, and five days in the week before—he is not married; he has no settled abode—he lives where he can—I can trust him anywhere.

The prisoner received a good character, and one of his former masters premised to employ him again.


Before Mr. Justice Hawkins.

Reference Number: t18791020-975

975. WILLIAM BAXTER (45) , Feloniously carnally knowing Annie Hobbs, a girl under 12 years of age.

MR. DOUGLAS Prosecuted; MR. BRINDLEY Defended.

GUILTY of the attempt Twelve Months' Imprisonment.

Reference Number: t18791020-976

976. JOHN MONCUR (65) was indicted for and charged on the Corober's Inquisition with feloniously killing and slaying Jessie Moncur.

MR. GOODMAN Prosecuted; MR. WARNER SLEIGH Defended.

JOSEPH MONCUR I am the prisoner's son, and live at 5, Whitehorn Street, Bromley—the deceased Jessie Moncur was my mother—she was 72 years of age—I last saw her alive on Sunday, 5th October, and I saw her dead on Monday morning.

Cross-examined. She was very frequently in the habit of taking stimulants—my father was very kind to her—I have not lived at home for 20 years—when I have visited them I always found them on good terms.

MARIA SHELTON . I am a widow, and live at 17, William Street, Blackfriars Road—on the night of 7th August, about 9 o'clock, I was at the house, 33, Charlotte Street—I heard Mrs. Moncur call for me—I heard a little loud talking before that—I came downstairs to her room—the prisoner Was in the room, but I did not know it till afterwards; he was in the bed—I felt the deceased's clothes, they were all very wet—about 8 o'clock next morning I went down, and saw her again; she was then in bed—I saw a blister on her chest—she said she was in great pain—she went to the hospital after that, and later on the same day I saw the prisoner—he said he was very sorry that it had happened, and he did not know that the water was hot—he has always said the same that he was very sorry, he would not have hurt a hair of her head—the deceased was very wet, and very excited—she said in his presence that he had thrown the kettle at her—she said that that same night—she was then standing in the room and he was in bed—he said nothing to that—I don't think he was asleep—he never spoke to me—I did not notice whether she was drunk or sober.

LUCY WILLIAMS . I am the wife of Joseph Williams, of 5, William Street, Blackfriars Road—on the afternoon of 8th August, in consequence of something I heard, I went to see the deceased—I saw a blister on her chest—she was scalded in the lower part of her body.

FELIX JONES . I am house surgeon at Guy's Hospital—on 6th September I saw the deceased; she had been scalded over the abdomen and thigh—she died from exhaustion occasioned by the scalds.

GEORGE HARVEY (Police Sergeant). I attended the inquest on the deceased at Guy's Hospital—the prisoner desired to give evidence—the Coroner cautioned him—he was sworn, and gave evideuce. (This being read, stated that his wife came home intoxicated, and fell on the floor, and made a mess, and that he took the kettle from the fire awl poured the contents over her to cleanse her, not knowing it was hot.)

The prisoner received a good character.


Reference Number: t18791020-977

977. THOMAS REYNOLDS (27) , Feloniously killing and slaying John Schofield.

MR. A. B. KELLY Prosecuted; MR. MONTAGU WILLIAMS Defended.

THOMAS CHALLEN . I live at 2, King's Arms Cottages, Wandsworth, and am a labourer, working at Mr. Murray's paper mills—on 25th August the prisoner applied for work there—the deceased Schofield was employed there as a gatekeeper at what is called the traffic gate at which the carts pass out—I was working close to the gate—I saw the gate open for some carts to go out; the prisoner, with his hands in his pockets, was walking out, when Schofield shoved him, and kicked his behind—the prisoner had asked him before the gate was opened if he would open the gate to let him out, and he refused—they had two or three words together about it—Schofield said "I shall not open the gate, you will have to go out the same way as you came in"—after Schofield had kicked him the prisoner turned round and struck him in the mouth—I could not say whether it was with his open hand or his fiat; he was stepping off the premises at the time, one foot in, and one foot out, walking out quietly—Schofield kicked up against something, and fell back on some stones close inside the wall—he fell on his face on the left side—I saw him picked up; he was bleeding a little from the mouth.

GUILTY . To enter into his own recognisance to come Up for judgment if called upon.

Before Mr. Recorder.

Reference Number: t18791020-978

978. PHILALIS MICHARDO (30) (a black), Feloniously wounding John Smith, with intent to do grievous bodily harm.

MR. RUTHERFORD Prosecuted; and MR. TERRELL Defended.

JOHN SMITH I am a ship-keeper, at 33, Station Place, Shadwell—on Saturday night two weeks, about 10 o'clock, I was on board the ship Landseer—I went into the forecastle and saw the prisoner there and three boys—I ordered the boys ashore, and the prisouer up with his fist and struck me a blow and knocked me senseless; I could not say what he struck me with, I could not say if it was with his fist—he hit me in the eye; he was standing on the forecastle deck where we were sleeping; after he struck me he began to bite me in the head and in the arm—when I came to I called out "Murder"—he said he would kill me—I said, "You will be hanged for it if you kill me"—he did not say anything to that—he

struck me a blow on the arm and I fell underneath the lower bunk—he then ran to his bed where he generally kept his knife—I was helped out: I do not know how I got ashore, I was rather senseless—I think one of the biggest boys brought me on shore.

Cross-examined. I first knew the prisoner when I joined the ship, a week and four days before this occurred—it is my regular business to look after ships—I was on good terms with the prisoner, I used to try all I could to please him, he did not do all he could to please me—he said he would tell the captain and get me out of the ship—he spitefully wished to get me out of the ship, because he said I could not work hard enough for him—he wanted me up at 5 in the morning to wash the deck and I would not, I said 7 was the time—that was on the Friday morning before this occurred; he made me a present live or six days before this, it was an Agnus Dei—he put it over my head because he said I was a Catholic—the commencement of this row was my sending the boys ashore—I had been drinking with him and the boys—I did not say anything to him before he struck me—he knocked the senses out of me, and as soon as I came to I jumped up and said, "You scoundrel, what did you do that for?" and caught hold of his long hair and held him as tight as I could—I was obliged to defend myself—I did not kick him, I was not able, he kicked me in the privates—we fell down several times, and I thought he would kill me—I sung out, "He is eating me"—he bit me in five different places while I held his hair—he said, "I will kill any white man who pulls my hair"—I do not know that it is an insult to a Hindoo to pull his hair—I was afraid to let go for fear he would kill me—I had not provoked him—as soon as I let go his hair he went towards his bed—he put the light out between 9 and 10 after the scuffle, and it was very dark—I have been ruptured before by working hard and lifting, and it came on worse after this—I cannot say if I fell on anything—I saw a lot of wood and sails on deck—he put my arm out and I fell down in the bunk—I do not think I had hold of his hair then, because he had his finger in my mouth—I have told the interpreter and the police officer I would withdraw from the prosecution if paid a certain sum of. money.

ROBERT WILLIAM BENNETT . I live at 103, Upper Globe Lane—on 4th Ostober, between 10 and 11 p.m., I was with my brother and another boy on board the ship Landseer, sitting down with the prisoner and Smith—the prisoner and Smith had some beer—Smith ordered the boys ashore and the prisoner did not like it and got up and struck Smith with his hand, and pulled him down and punched him on the floor—Smith had not struck him or said anything to him before he struck him—I then went for a policeman.

Cross-examined. I went on board about 9, and saw the commencement of the row—Smith ordered the boys ashore and said he wanted to go to bed—he did not say anything to the prisoner—the prisoner struck him with all his might—Smith did not fall, but caught hold of the prisoner's hair and then they struggled and fell, and the prisoner began punching him—Smith let go the prisoner's hair before he began punching him—I did not see the prisoner bite Smith—I did not say before the Magistrates that I saw the prisoner biting him—I only saw him punching him—I did not fetch the beer, Smith fetched it—he did not ask the prisoner for the money

for the beer—the prisoner wanted some beer and sent Smith for it—I did not know Smith before, I only went on board to have a look—it was about 10.10 when I went for the police—I was back before the police and the tight was over, and Smith was in our wash house senseless—I am 12 years old.

BENJAMIN BROWNING . I am surgeon to the police at Rotherhithe—I was called to the police-station on 3rd October, soon after midnight, and found Smith bleeding profusely from a wound in the head, and with his left shoulder dislocated—there were five lacerated wounds, apparently bites, on his chest and arms, and a large rupture on the left side, which appeared recent—I caw no wound which could have been inflicted by a knife, but the wound on the head might have been inflicted by such a stick as was shown to me—he was in a very serious and exhausted condition, and there was reason to fear inflammation of the bowels from the rupture—I have not attended him since—I have seen him to-day and for several days past, and he appears to have recovered—I reduced the dislocation at the time.

Cross-examined. I found two ruptures, one apparently an old one and the other recent—a kick would have caused it—a fall would not have caused such a rupture—it was not an extension of the old rupture, but a totally new one, and on the other side of the body—it might possibly have been caused by falling on a projecting piece of timber, but in my judgment it was such a wound as would be caused by a kick—there were two bites on the front of the chest, two or more bites on the arms, and some injury to the thumb, and the shoulder was dislocated—that might have happened from a fall or a direct blow—I saw the prisoner afterwards, and he was in a state—of almost maniacal delirium, and in such an intense state of excitement that I considered he was suffering from the effects of a drug called "bang," which men of his nationality often take.

JOHN O'SHEA (Policeman R 380). On Saturday, 4th October, I was sent for, and found Smith in the foreman's washhouse, being attended to—I went on board the Landseer, and saw the prisoner lying apparently asleep in a bunk—I took him in custody, and brought him out on deck and tried to make him understand the charge, but could not do so—on the way to the station he became excited, and struggled to escape, and was about to strike me—I said, "You are already charged with assaulting the shipkeeper, and if you commit a further assault you will be charged with it"—he said, "The reason I killed the white man was because he pulled my hair"—I went back to the bunk and found this knife, but with no blood on it—I searched the forecastle, and found this stick with wet blood on it, and there was a quantity of blood about.

Cross-examined. He seemed very excited about the white man pulling his hair.

GUILTY of unlawfully wounding. Twelve Months' Imprisonment.

Reference Number: t18791020-983

983. JOHN REED (24) PLEADED GUILTY to stealing a coat, the property of George Palmer; also to stealing 24 umbrellas and 72 sticks, the property of Joseph Bird.— Three Months' Imprisonment.

Reference Number: t18791020-984

984. JOSEPH FREDERICK THOMPSON (32) , Stealing 3,200 bricks, the goods of Eastwood and Co., Limited.

Upon the opening of MR. GRAIN for the Prosecution, the Recoeder considered that the prisoner obtained the goods on credit, and that there wot no case of larceny.


Reference Number: t18791020-985

985. DANIEL LEONARD (25) and FREDERICK COLLIER (24) Robbery with violence on Henry Hobbs, and stealing from his person 90l. 10s., his money.

MR. WAITE Prosecuted; MR. FAITH appeared for Leonard, and MR. MORICE for Collier.

WILLIAM BEASLEY . I am a planterer, of 122, Cornwall Road, Lambeth—on Friday evening, 19th September, I was standing at my door, and saw Leonard nearly opposite the White Horse dragging Hobbs, who was trying to get away from him—he dragged him across the road, and attempted to get him into the public-house, when Collier came out, and there was a severe struggle between the three—Hobbs got away and seemed to stagger back two or three yards, and then Leonard pinned him by his arms and Collier assisted in holding him—they took him a few yards up King Street, and his hat fell off—they were still struggling, and 1 saw Leonard put his hand into Hobbs's right trousers pocket and take out something very bulky, and then they both ran down St. Andrew's Court—this was about 6.30 p.m., and it was a very clear, bright evening—I informed a constable, and afterwards picked the prisoners out from a group of a dozen at Kennington Lane Police-station—I recognised Collier the moment I saw him, but I had a tho ough good look at Leonard because he was holding his head sideway, but I went in front of him, examined him thoroughly, and identified him—that was on the following Wednesday about 10 p.m.

Cross-examined by MR. FRITH. I may have said to Leonard, "I believe you are the man"—I was looking at him for perhaps two minutes before I picked him out—I do not think there were any carriages in Cornwall R ad at this time—I have lived there five years, and am living there still.

Cross-examined by MR. MORICE. I first saw Collier about 6.30—it was a very fine evening—the sun set just about 6.30—I was not far from him when he came out of the public-house—he held Hobbs's left arm, while Leonard took something bulky out of his pocket—this was on Friday, and I recognised them at the station on Wednesday—I had seen them about for days before.

Re-examined. I did not know them personally—I have not the slightest interest in them—I am not anxious for their conviction, I should be very sorry—Hobbs appeared drunk—Collier had no shade on his eye then.

JAMES MACFALL . I am a groom, and live at 1, King Street, Cornwall Road—I was sitting at my tea on 19th September, about 6.30, and saw Hobbs between the prisoners; Leonard had his right arm and Collier his left; they paused in front of my window—Hobbs seemed to want to get away, but they would not let him—I believe they saw me, and shifted about two yards to the right—I afterwards saw a group of about 20 men at the station, and picked out Collier first; Leonard's face was very red, and I did not pick him out for a minute or a minute and a half.

Cross-examined by MR. FRITH. While his face was red I was not sure—I did not then go out of the station, I stayed there till I picked him out—I spoke to no one—I am a stranger in London, I am living in Pitt Street Court, I think it is No. 5, but there are no numbers on the houses—I have done no work for the last two months—I have been living

on my pension as a soldier, which is 7s. a week, and I have been working for Mr. Balfour, a baker, but not for two mouth—I am married—I have not been bribed to come here—my landlord, Mr. Speerin, said to me "Why did you interfere, you did not see the man robbed?"—I was a groom three months ago; I was not discharged—I am not summoned at the present time for fraudulently removing my goods, this is the first I have heard of it—I do not know that a warrant has been applied for for my apprehension.

Cross-examined by MR. MORICE. There was no light in; my room—there was enough light for me to see—I did not take much notice of them.

Re-examined. I was 22 years in the Army, and was dismissed with a good character, but left a month or two too early to get the highest pension—I have saved money—I have four good character badges—I was discharged on 10th May, 1871.

HENRY HOBBS . I live at 11, Wyatt Street, New Oxford Street, and am a saddler—on 19th September I was drinking at several public-houses in Lambeth, and was under the influence of drink—I had 50l. in my trousers pocket in gold, in a leather bag, and four 10l. bank-notes in my breast pocket in a pocket-book—I am sure I had the gold safe after 6 o'clock—two men came behind me in King Street, Cornwall Road, and tried to drag me into a public-house opposite—I tried to prevent it; one seized me by each arm, and the other thrust his arm under my back and placed his other hand in my trousers pocket and took out the bag of gold—I did not lose the notes or the silver in my waistcoat pocket—I can't identify the men.

Cross-examined by MR. FRITH. I was probably drinking in a public-house at 5 and 6 o'clock, but I am sure I did not take out the bag to pay, as I had loose silver—I am sure my money was safe after 6 o'clock—I don't remember drinking with any strangers that afternoon, I am net in the habit of doing so.

By the COURT. I had had the money in London six or seven weeks, and intended to pay it into the branch bank and go back to the country to Romsey in Hampshire—I am a native of that part—I lived in London seven weeks—I came up to do a little business.

WILLIAM BEALE (Detective L). On 19th September Hobbs made a complaint to mo at the station, and I received more information—on 24th Sept, at 8 p.m., I saw the prisoners standing together at the corner of Broad Walk, new Cut—I said to Collier "What is the matter?"—he said "I have a blight"—I said "How long have you had that shade over your eye?"—he said "Two days"—I said to Leonard "I shall take you in custody on suspicion of stealing 50l. a few nights ago;" he said "All right"—I took him to the station; he was placed with 10 others, but not that night; the witnesses came in one at a time, and they were both picked out

HENRY JUPE (Detective Sergeant). I took Collier and told him he would be charged with stealing 50l. on the night of the 19th—he said "I work too hard for my living to do anything of that kind."

Witnesses for Leonard.

CATHERINE DONOVAN . I am a widow—one evening in September, at 6 o'clock, I was going to the pawnbroker's to get my children a meal, and saw Hobbs coming out of the White Horse, Cornwall Road, with two men who I should know again—I was half a dozen yards from them—one was an elderly man, the other a young man, in a dark suit of clothes—I had known one of them by sight for years in the neighbourhood, but have

not seen him since—I have no doubt that the prisoners are not the men—I did not know the prisoners were at the police-court till they were at the police-court—I attend here by the permission of the master of the work-house, where I have been obliged to go with my family—I have no interest in this matter—I do not know either of the prisoners—I thought the prosecutor was drunk, and that they were taking him home, but I saw them put their hands in his pocket and take something and go down a court—I am sure it was neither of the prisoners.

Cross-examined. It was on Friday evening, and I know it was past 6, as the pawnbrokers close at 7—I have seen Mr. Beasley here—I did not see him on the spot; I only saw the two men and the prosecutor—McFall was not there—I don't know the prisoners only by sight in the neighbourhood; I was bred and born in the neighbourhood—I was not in the Union at the time of the robbery.

Re-examined. Neither of the men were like Collier; knowing the prisoners by sight, I can't make any mistake.

By the COURT. I don't know how I came to know the prisoners were in trouble, not knowing their names—I was subpœnaed to come up—Leonard's brother brought me the subpoena—he told me what had happened.

By the JURY. The man who was being robbed was in a staggering position in the road, as if he was drunk—I don't know the names of the men who committed the robbery, I only know them by sight.

CORNELIUS CARNEY . I am a journeyman shoemaker in Mr. Snead's employ—I know the prosecutor if I see him, but that is all—I saw two men rob him on 19th September at 6 or 6.30; one placed his arm round his body and kept his hands down, and the other, who I have known for 20 years living in the neighbourhood, put his hand in the gentleman's pocket—I have not seen him since—they were not the men I swear, and nothing like them—I was 4 yards off; my daughter called my attention to it; I was standing by my window, and saw it as clear as possible—I could identify the men who robbed the gentleman out of 1,000 men, and can describe them to the police—I am attending on subpoena; I have no interest in the matter.

Cross-examined. I did not raise an alarm at the time; I did not help the man who was being robbed; I did not consider I had any business with it—I know Leonard's father, he is a shoemaker; that is all I know of the family—he did not ask me to come here to-day—he asked me what I knew, and I told him—I did not see Beasley there at the time of the robbery, or Catherine Donovan—I saw a lot of children about, and some grown-up people came up directly, but they did not help Hobbs—he halloaed frantically when he fouud the men had got away, and said he was robbed of 50l.—I swear that—there were plenty there to interfere, and I did not think it was my business to give information to the police.

Re-examined. The man who I have known over 20 years is a violent character, and I was more afraid than anything else—Catherine Donovan might have been there without my seeing her—I have no interest in this matter—Leonard's father is no more a friend of mine than you are.

By the COURT. I do not know the prisoners at all, I solemnly swear that—I was not at the police-court when they were committed, but I knew the wrong persons were in custody because I knew the right ones, and I was told the wrong parties were taken—I solemnly swear the prisoners are

the wrong parties. Q. Hut you came up to swear that before you saw them; can you explain that to the Jury? (The witness did not answer and was told to stand down.)

CATHERINE CARNEY . I called my father's attention to a man in the street with two men near him, who I knew; they were not the prisoners—I saw the prisoners this morning—I do not know them at all.

Cross-examined. I have been convicted of felony.

THOMAS MURRAY . I live at 4, New Street, Webber Street, and am a slater—Leonard is a fellow-workman of mine—we started work on Wednesday, the 10th, and he worked with me till the 24th—we left off work just before 5.30 every night, and sometimes 10 minutes or a quarter past—our specified time was 10 hours a day—I was employed in Tooley Street, but I was at work at the distillery, South Hampstead, at this time—I gave evidence at the police-court, but not at the first hearing—I was bound over—on the evening in question I was with Leonard till 6.50; we walked to William Street, which is a good half-hour's walk to the Coburg Arms—afterwards, when I was leaving, I heard Big Ben strike 7 o'clock—he worked with me till he was taken in custody—I recollect the night this occurred, because it was the last Friday he worek do with me, and it was on the next Wednesday that he was apprehended—I was subpœnaed to the police-court for 2 o'clock, but the summons came off at 12 o'clock.

Cross-examined. I know Leonard perfectly well, and was with him the day before, and the day before that, but not on the Tuesday—we went home on Wednesday at the usual time, it might have been 6 o'clock; we did not stop to have any beer on the Wednesday night—we left at 6.30 on the Thursday—I swear that because we went to the Coburg and had a drop of beer—I was once charged with assaulting the police and once with felony—I was not convicted.

Re-examined. I have been getting my living honestly since—I have been in the employ of the master for whom I am working for years and my father before me—it was my custom to go into the public-house after work, it is a slaters' house of call, and that constable uses it also and saw me there.

DAVID LILY . I am a slater—I was summoned to attend the police-court, but got there too late in consequence of the summons being marked for 2 o'clock—I have occasionally worked with Leonard, but not at this time—I saw him in the Coburg, in Webber Street, on 19th September, at a few minutes after 6 o'clock, with Murray—they stayed there about 25 minutes, and went from there to the Crown public-house and had a pot of beer—I left them shortly before 7 o'clock and went and had a wash, having been on a black job.

Cross-examined. I parted with Leonard at the corner of Marlborough Street, about 6.53—I will swear it was not at 6.30, because I was in the Crown at 6.45, and the clock there chimes the quarters and half hours—it is five or six minutes' walk from Marlborough Street to King Street—I can undertake to swear that Leonard could not have been in King Street at 6.30, because he was in my company—I have never been in trouble—the prisoners have worked for me occasionally.

Witnesses for Collier.

HANNAH COLLIER . I am the prisoner's mother—he came to my house on 19th September, about 5 o'clock—I fix the time by my little boy coming

home from schsol at that time—he comes out at 4.30, and has to walk home—the prisoner continued at my house till 9.3'J, and never left it, and he wore a shade for a long time—he went home after 9.30.

Cross-examined. The place where the robbery was committed is not more than 10 minutes' walk from my house—I have only one room—I did not go out at all—my son could not have left without my knowing it—he was bathing his eye the whole time, for four hours—he occasionally comes home at 5.30, as the day's work is—he was not there on the Monday night—it had not struck five when my little boy came home—he always comes straight home; he never plays on the road—he is 11 years old

THOMAS COLLIER . The prisoner is my brother—on 19th September he was sitting on my mother's chair, and he said "Get me a jug of water," and I got it, and he poured it into a cup and bathed his eye—he had a green shade on his eye—it was 5 o'clock, and he was drawing on a slate till 9.30—he asked me the time, and I said "Half-past nine."

Cross-examined. On the 19th I left school at 5 o'clock—it was Friday—I had learnt my lessons, but I did not know the place, and had to stop till 5 o'clock—I did not stop to play on the road, but I do sometimes—I first heard on the Tuesday that my brother was taken—they told me I should have to go to the police-court, and told me what I should have to say, and I said it—I did not make any mistake—I got it up quite right the first time.

COLLIER received a good character.

GUILTY†—Recommended to mercy by the Jury on account of his character. Twelve Months' Imprisonment.


PLEADED GUILTY to a previous conviction at Newington in September, 1876— Eighteen Months' Imprisonment.

Before Mr. Common Serjeant.

Reference Number: t18791020-986

986. WILLIAM JOHNSON (30) and WILLIAM FENNIMORE (34) , Stealing one horse the property of Samuel Cook.

MESSRS. PURCELL and CAVENDISH BENTINCK Prosecuted; MR. HORACE AVORY defended Johnson, and MR. THORNE COLE Defended Fennimore.

GEORGE CAMPBELL . I am a farrier in the employ of Mr. Stanley, Montagu Street, Borough—about the 19th August a chestnut carriage horse was brought to me by Payne, a groom—it had white hind legs—I put four tips on it; they were marked, and were similar to these (produced).

Cross-examined by MR. COLE. I am still I in the same employ; we do a large business, and have three forges—Payne is a job proprietor, and has got several chestnut horses—there are seven men employed—I sbould not like to say that we shoe many hundred chestnut horses a great many—the same horses will come in two or three times—the name of Stanley is not punched on the snoes—this tip is an ordinary shoe cut off'—I cannot say anything about the mark on that—it has been in the fire—the mark on these tips was a straight cut—I did not mark them—I dare say we shoe 40 horses a day—there is no mark on the shoe to enable an owner to identify a horse—the out shows which of the three fires did it—I did not mark that shoe at all—I should not like to swear what marks were on the shoes—they are ordinary machine-made shoes.

Cross-examined by MR. AVORY. The mark on this shoe is a little straight cut—it is the practice of the farriers to put the cut on the shoe he fits on.

By MR. COLE. There are two, and sometimes three, men to a forge—that is a common mark by a cold chisel—the different marks distinguish the fires—I have been for nine months with Mr. Stanley,—and have used three different marks during that time when I have changed my mate.

Re-examined. I cannot be positive as to any mark on the second shoe—the mark is not put nearer one hole than another, but just as it happens—they are called tips—they are for horses going to grass, to prevent their breaking their feet—they don't wear out on the grass.

By the COURT. The mark I was using at the time was a star—I fitted the shoes out.

HENRY PAYNE . I am groom to Mr. Samuel Cooke, of Avon House, Lower Tulse Hill—he had a light chestnut horse with white face, white legs, and white hind feet, and both hind legs had been blistered—I took the horse on 19th August to witness Campbell, and saw it shod with tips and blistered—the next day I took the horse to graze; I last saw it safe on Thursday, 21st, about 9.30 a.m., and at 9.30 on the 22nd it was gone.

JOHN DUMBRILL . I am a dairyman at Croxted Road, West Dulwich—I had Mr. Cooke's horse to graze in my field at Dulwich, and saw it safe on 21st August, between 5 and 6—I went to the field next morning at 6.30, and the fence was broken down, and the horse gone—the rail was in halves, and appenred intentionally broken—there was only a small wicket gate—I only had the horse to graze that once—it was a light chestnut horse, with white hind legs, blistered, and white face and hind feet.

DIANA CASTLE . I am wife of John Castle, Matter's Arms, Waltham Cross—in August last I was living at the Red Lion, Bushey, and saw the prisoners there on 22nd August, between 8 and 9 a.m., with three horses, one of them in a cart, and the other two behind—there were three men—they stopped about half an hour.

Cross-examined by MR. COLE. Inspector Mainwaring came to me, and I gave my evidence for the first time on 23rd September at the second examination.

Cross-examined by MR. AVORY. I had never seen Fennimore before, and I did not know who I was going to see till I saw the prisoners at the police-court—I knew I was going to identify the two men I had seen at Bushey—after I had pointed out Fennimore I was told that the shorter man (Fennimore) was on bail.

HENRY COLE . I live at Bushey, and my father-in-law is a horsedealer—I have a good deal of experience with horses—I first saw Johnson at the Red Lion, Bushey, on 22nd August, about 9.30 a.m.—two other men were with him, but I cannot swear to Fennimore—they were driving a dark chestnut horse in a cart, and leading two other horses behind—the chestnut had been blistered—they put one of the horses into a stable that I had some horses in at the same time, and they put into another stable the chestnut horse which had been in the cart—I saw it in the stable—its hind legs were white, but smothered with mud, and its hind feet were white—it looked hot, as if driven a long way—I saw on the cart the name "William Johnson, Dealer, Dunstable"—the cart has been since shown to me by the police, and I have identified it, and also one of the horses they were leading behind—I said to Johnson 'How much for the pony you have got in the other stable?"—it looked old, being tired, but I did not look in its mouth—he laughed, and said "Old

pony! what do you call an old pony?" and when it was brought out I looked in its mouth, and saw it was four years old—two other men were with Johnson, and one of them I believe to be Fennimore—they afterwards got up into the carl, and drove away, Johnson driving.

Cross-examined by MR. COLE. I did not notice anything particular in Johnson's speech.

Cross-examined by MR. AVORY. I was afterwards taken to identify Fennimore from among 17 or 18 other men at Carter Street Police-station, but could not identify him—I saw him afterwards detained with Johnson on this charge, and I said I thought he was the man, and that is all I say now.

JAMES MAINWARING (Police Inspector at Bushey). About 9.20 a.m. on 22nd August I was leaving the station and saw Johnson driving a light chestnut horse and cart—he had two men with him, and two other horses tied behind the cart—they were going at a fast trot towards Watford from the Red Lion—Watford would be a mile distant—the horse in the shafts was a light chestnut, and a dark brown and dark chestnut behind—I have since seen and identified the cart.

Cross-examined by MR. COLE. We have no telegraph-wire to our station—the nearest telegraph station is Watford or Bushey Heath, about one and a half miles distant—I get telegrams about every four hours from London.

WILLIAM BARNES . I am a shoemaker at Hawcliff—it is above 20 miles to Bushey—I was in my shop on 22nd August between 4 and 5 p.m., and saw Johnson leading a horse into the blacksmith's shop, leaving Fennimore in the cart, and there was a third horse tied behind—when Johnson brought the horse out again I saw it was a light chestnut.

FRANK ABBISS . I am a smith at Hawcliff, near Leighton Buzzard—on 22nd August Johnson brought to be shod a light chestaut horse with white hind legs, blistered, and white face—its feet were worn—he said "Will you put a set of shoes on this chestnut horse?"—I said "Yes"—it had four tips on, and these (produced) are two of them—I said to Johnson "They are not much use for a horse to travel on the road with"—he said "They were put on because he has been turned out in a field, to keep his feet from breaking"—Johnson paid for the shoeing—ho had another man with him, whom I believe to be Fennimore, but cannot swear to him—they had two other horses and a cart.

By the COURT. One horse was tied behind a cart.

EMILY PRITCHARD . I am wife of James Pritchard, Rose and Crown, Peterborough—the prisoners were at my house on 8th September with a darkish-brown horse and cart—we have the cart in our possession now—there is on it the name of "Johnson, Dealer, Dunstable"—when they came Johnson said "Will you take the horse and cart in for a day?" and I took it in, and they went to the stable and then into the house, and I served them with beer, and they stayed a minute or two and then left—they came again on the 15th—there was a box in the stable which was not there before they came—we keep the stable doors locked.

THOMAS PRITCHARD . I keep the Rose and Crown, Peterborough—on Monday, 15th September, I saw the prisoners there—they went into the yard, and I said "This horse and cart belongs to you gentlemen?"—one of them, I cannot say which, answered "Yes"—I said "I thought you were coming to fetch it on Wednesday"—one of them said "We could not

get to the Repository sale on the Wednesday, and it was no use coming the day after"—they then went to the house to have something to drink—I had sent for the police, and I shut the prisoners in the house—Sergeants Moyser and Lovick came and took them in charge—Johnson made a desperate resistance—a box in my stable was pointed out by the ostler, and I showed it to the police.

Cross-examined by MR. COLE. The box was left in the stable from the Monday before, when the horse and cart came—a Repository sale is held quarterly at the Waggon and Horses by Mr. Mann, an auctioneer, of Peterborough—the sale was held that Wednesday—this was a brown cob about 14 1/2 hands high which was left in my stable.

Cross-examined by MR. AVORY. Fennimore took part in the conversation—I heard the constable say "We shall detain you on suspicion of stealing the horse"—I believe they both said they knew nothing about it—I did not hear Fennimore say to Johnson "Good God! what does this mean?"

Re-examined. They were together, and Fennimore heard all that took place—I did not notice whether he joined in the conversation—when they came down to the house Johnson did not appear to like to go in, and Fenni—more looked in and said "It's all right; it's the same room we were in before"—the officers were in the bar.

By MR. AVORT. Fennimore made no objection to going into the house.

WILLIAM MOYSER (Police Sergeant, Peterborough). On Monday, 15th September, from information received, I went to the Rose and Crown in plain clothes and saw the prisoners in the taproom—I said to Johnson "Where have you come from?"—he said "What the——is that to do with you?"—I said to Fennimore. "Where did you come from?" and be made no reply—I then said to Johnson "You answer the description of a man who is wanted at Dulwich for stealing a valuable chestnut horse on 21st August"—he said "I know nothing about it"—I said "What is your name?" and he paid "What the h——is that to do with you?"—I said "I shall take you into custody") and I had no sooner said that than he came violently at me and knocked me on the floor by a blow in the mouth with his fist—Fennimore attacsed Lovick, and both the prisoners tried to escape—Johnson was on top of me and we rolled over and over, and were up and down together—I kept hold of him—my mouth bled verv much, and he kicked and struck me several times—I called the landlord to my assistance, and we had to put leg-irons and handcuffs on Johnson before we could take him to the station—when Johnson knocked me down Fennimore struck Sergeant Loviock, and they both fell down together—we were all four down close together—Lovick is not here—he is a bigger man than Fennimore, and got the best of him—we had to put Johnson in leg-irons and take him to the station in a cart—he was the roughest fellow I ever saw—Fennimore was handcuffed and walked to the station—they gave the named William Johnson, of Dunstable, dealer; and William Fennimore, jobbing jeweller, 23, Mason Street, Westminster Bridge Road, Lambeth, London—when I asked them before the struggle where they came from in the morning, they said from Hereford—at the station they said they both came from London that morning—I searched Johnson and found on him this bunch of keys without wards (produced) and 1l. 11s. 10d., and on Fennimore 19s. 4d.—in the stable I found a box, these two butcher's knives (produced), several new hemp halters, and several bottles

containing physic for horses—also in the box a far cap and other articles—on the shafts of the cart is a small plate with the name William Johnson, dealer, Dunstable, Beds.

Cross-examined by MR. COLE. The box was not locked—I have not got it here—there were a curry comb, an iron pot, and other articles not produced—I struck Johnson in self defence about the arms and legs, to cripple him and prevent his escape—I laid hold of him by the collar after he struck me in the mouth—I shook him about and he shook me—I spoke to him quite civilly, in the ordinary way.

Cross-examined by MR. AVORY. Fennimore resisted for about five minutes—I did not tell them we were police constables—they knew what we were, because we had uniform trousers on—we told them we should take them in custody—I did not hear Fennimore say to Johnson when I told them I should take them to the station "Good God! what does this mean?"—he said he knew nothing about it at the station.

DANIEL HUNT (Police Inspector P). The prisoners were brought from Peterborough on 15th September, and given into my charge at Carter Street Police-station and put among 12 or 14 others, and Cole picked out Johnson; he did not pick out Fennimore, but afterwards said, when Fennimore was detaiued, he believed he was one of the men he had seen—he has not sworn to him—Abbiss identified Johnson—when the charge was entered Johnson said Fennimore had nothing to do with it, he only went for a drive; and when the charge was read he said "I know nothing about the horse stolen from Dulwich; I don't know where Dulwich is; the one I drove through Hawcliff was a chestnut mare"—I said "If the one you had at Hawcliff was a mare, then there is an end of the matter; because ours was a horse"—he said "Well, it did not belong to me, the man went on with it soon after we left the blacksmith's shop"—in Johnson's pocket book was found some nitrate of silver (produced)—I understand it and have used it in photography—I know it will turn light hair black, and it has turned the paper black—it would turn white spots into black spots—I believe that is what it is used for.

Cross-examined by MR. COLE. I do not know it is used for warts and throat complaint—Johnson has a cleft palate—I have heard him speak.

Cross-examined by MR. AVORY. Cole did not identify Fennimore till he saw him detained—Abbiss has not identified him—the address he gave is correct—I do not know that a Sergeant of the L Division lives next door to him—I have known Fennimore as living there a considerable time, and as far as I know there is nothing against his character—Johnson volunteered the statement that Fennimore had nothing to do with it and only went for a ride.

FRANK ABBISS (Re-examined). It was a horse Johnson brought to be shod.

Fennimore received a good character.

JOHNSON— GUILTY .— Five Years' Penal Servitude.


Reference Number: t18791020-987

987. GEORGE BATEMAN (28) , Stealing 9lb. of white lead and 1 pint of turpentine, the goods of Thomas Durrant.

MR. PURCELL Prosecuted; and MR. BLACKWELL Defended.

HENRY DIX . I am a painter at 19, St. Mary's Place, Rotherhithe, and

work for Mr. Thomas Durrant, of Trinity Street—the prisoner came and spoke to me while I was working on the 2nd inst., and alter he left I missed 9 1/2 lb. of white lead and a pint of turpentine—I gave information to a constable and went the same afternoon to the prisoner's house in Windmill Lane, and found some of the white lead there in a tin belonging to me—I was afterwards shown some turpentine in this bottle (produced) which I identitied as my master's.

Cross-examined. The job was at some houses belonging to the Surrey Canal Company, and it was not an open place—there is a constable's lodge—the house is being done up for the deputy superintendent—we have to go through a gate—a number of persons were passing in and out—there would be no special watch kept, but there is a man there all day to see what goes in and out—it might have been seen and taken no notice of—only myself and son were working on the job, but he was not down there—the carpenters left their tools on the floors at night, and we always found them in the morning as we had left them—it was 3 p.m. when the prisoner came to me and asked where my son was, and I said upstairs; I thought he was going up to speak to him and did not notice him as I was at my work—when I missed the lead I went to my son and asked if the prisoner had been to speak to him, and he said, "No."

JOHN NOLAN (Policeman R 13). On 2nd September, about 4 p.m., 1 stopped the prisoner—I found in his breast pocket this bottle of turpentine—I said, "How did you come by that?"—he said, "It belongs to me," and then Dix came up, and in consequence of what he said we went to the prisoner's house and found the white lead in his room—his house was about half a mile or more from where Dix was working, and about 200 yards from where I stopped him.

JAMES TOLEY (Policeman R). I went with the last witness to the prisoner's house, 10, Windmill Lane, on the 2nd, about 6 p.m.—we found in his bedroom this tin bath (produced) under the bed, and four chairs (one produced) in the front room—the prisoner and his wife occupied two rooms—I saw a carpet there, but a man named Lott was there, and from what he said I did not take it, but in consequence of what I heard I went back and it was gone—I afterwards found it at 8, Southwark Park Road, Bermondsey, rolled up as produced—Lott was in the room with it—I then went to the prisoner and he was further charged with having the bath and chairs in his possession, knowing them to have been stolen—he said, "I bought the bath of a man. I don't know him. I bought the chairs of a man named Lott."

Cross-examined. They had only occupied the room in Windmill Street one night—the prisoner was in custody when the carpet was found—I did not see it while he was there.

Re-examined. He was in custody at the station when I went to his house.

EDWIN GEORGE SKULL . I am an oil and colourman at 229, Lower Road, Rotherhithe—this bath is mine—I last saw it on 29th August about 10 p.m, outside my door—my man was just shuttiug up—I went in to speak to him and when I came out the bath was gone.

EMMA NE AN . I live at 11, Cornberry Road, Deptford—on 29th August, about 11 o'clock, I sent my little girl on an errand, and she left the door ajar—I and my husband were in the kitchen—she came back and

from what she said I went to the front room and found the window wide open and four chairs gone—I have seen and identified the chairs—the window was fastened before my little girl went out.

WILLIAM BENNETT . I am a furniture dealer at 185, High Street, Deptford—on Saturday, 30th August, a Brussels carpet was put outside my shop for sale and I saw it safe about 7 p.m., and about 9.4 it was gone—I told the police, and on 2nd September I identified the carpet at Rotherhithe Police-station—I value it at 3l

Cross-examined. There were three of us in the shop, but we were busy—there were thousands of people passing.

GUILTY .*— Fifteen Months' Imprisonment.

Reference Number: t18791020-988

988. FRANCIS GEORGE LOTT (21) , Stealing a carpet, the goods of William Bennett.

MR. PURCELL Prosecuted.

WILLIAM BENNETT repeated his evidence as in the last case.

Cross-examined by the Prisoner. I never saw you till I saw you at the station.

WILLIAM TOOMOR . I am a draper's porter at 191, High Street, Deptford, two doors from Mr. Bennett's shop—I was standing at the door on 80th August about 8 o'clock, and saw Lott coming from the direction of Mr. Bennett's shop carrying a carpet on his shoulder—ne went round High Street towards Windmill Lane—this (produced) is the same carpet; the pattern was outside.

JAMES TOLEY (Policeman R). On 2nd inst. I went to Bateman's house—Lott was there, and this carpet was on the floor—I looked at it, and Lott said, "You need not look at that; I can warrant they have had this four years"—in consequence of that I did not remove it, but from what I heard afterwards I returned on the following day, and the carpet had gone—I then found Lott at 8, Southwark Part Road, and the carpet rolled up in a back kitchen—Lott was in the same room—I said, "What rooms do you occupy?"—he said, "This is the only one"—I said, "How do you account for this carpet being here?"—he made no answer—I said, "I shall take you in custody for being concerned with Bateman in stealing this"—he said, "I did not steal it; I only helped to carry it"—I then took him to the station.

The Prisoner's Statement before the Magistrate. "Bateman took the carpet and handed it to me, and I would not take it. He struck me in the jaw. He took it up himself, and ran away with it, and took it home."

Prisoner's Defence. The day the detective came to take the carpet, I went down to Windmill Lane to see Bateman, as I did not go to work because I was queer; and when I got there I saw the detective, and he said he was coming down for the carpet. I told him where it was, and that the room was let to Mrs. Bateman before he went into it. He asked me to carry the carpet to the station, and I did so, and was placed in a cell, and did not know what I was charged with.

GUILTY . He also

PLEADED GUILTY to a previous conviction of felony at St. Mary, Newington, on 4th March, 1878.**†— Five Years' Penal Servitude.

There was another indictment against both prisoners.

Before Robert Malcolm Kerr, Esq.

Reference Number: t18791020-989

989. PERCY FROST (18) and FREDERICK MONTIER (18) PLEADED GUILTY to robbery with violence on Clarence Hobart Cox, and stealing from him his watch— Twelve Months' Imprisoment. And

Reference Number: t18791020-990

990. JAMES GRANT (18) to burglary in the dwelling-house of Charles Brown, and stealing therein a coat and other articles.— Eight Months' Imprisonment. [Pleaded guilty: See original trial image.]

Reference Number: t18791020-991

991. EDWIN STEELE (40) , Feloniously wounding Jane Stone with intent to do her grievous bodily harm.

MR. THORNE COLE Prosecuted.

JANE STONE I am a single woman, and live at Garret Lane, Wandsworth—previously to his being in prison I lived with the prisoner as his wife, and had three children by him—when he came out he came to ask me to have him back; I would not; but he came for two or three days—on 30th August I went home and he followed me and broke through the parlour window—I was upstairs and ran down when I heard him coming and hid myself in the back parlour, as I was frightened—he came to me and punched me and kicked me upstairs in the bedroom and pricked me with a small penknife—he then got a large knife and cut my throat—I was taken to the infirmary and was there five weeks—I put up my hand to save my throat and my hand was cut—I got away from him and he dabbed the knife into the side of my head—he said he would cut my throat and kill himself and the children—there were pools of blood—I begged of him to get me a little water, because I was faint, and he said "No, you b——, lie there and die"—I ran out at the front door and fell from loss of blood—I saw a policeman and told him I was stabbed, and he went into the house to the prisoner.

GEORGE BROWN (Policeman V 128). On 30th August I saw Stone in York Road, and I went into the house and saw Steele, and Stone said "I give this man in custody for an attempt to murder."

HUGH JHNKINS (Policeman V 3). I went to Stone's house and found this knife (produced) lying on the right hand side of the fireplace, dripping with blood, and the floor was smothered with blood in several places.

JOHN BROUGHAM NEAL . I am medical officer of the Wandsworth Infirmary—Stone was brought in on 30th August—I found a clean cut deep wound in the face in front of the ear, implicating the nerves of the face and the temporal artery; also several superficial wounds on the neck and face and a wound on the left hand, a severe wound about 2 1/2 inches long—I found several recent bruises on the arms and body and thighs and face—the wounds were such as might have been caused by the table knife produced.

Prisoner's Defence. She was beastly drunk that day, and would not let me in. She got into the window first and I stopped three-quarters of an hour, and at last I broke the window and went upstairs, and she got the knife from me, and in the scuffle the accident occurred.

DR. NEAL (Re-examined). The wounds were not such as would be self-inflicted—she was sober.

GUILTY **— Five Years' Penal Servituds.


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