SUPPLEMENT TO THE FIRST SESSION.
The following are the cases omitted from the First Session, owing to the illness of the short-hand writer who took the notes:—
THIRD COURT.—Tuesday, December 2nd, 1879.
Before Mr. Common Serjeant.
MESSRS. D. METCALFE and MORICE Prosecuted; MR. A. METCALFE appeared for Johnson.
HARRIS PLEADED GUILTY .
ALFRED SCRIVENER (City Policeman 505). On 12th November, at 4 p.m., I was with Newland on Ludgate Hill in plain clothes, and saw the prisoners on the other side of the street, 10 or 12 yards distant from me—I watched them three or four minutes—they went towards St. Paul's and met the prosecutrix and two other ladies—they then turned back, Harris placing himself on the right, and Johnson on the left of the lady—after going a few yards, Johnson placed himself for a few seconds immediately in front of the lady, who was walking with a bag in her hand—I saw Harris open her bag, take something out, and put it in his right-hand coat pocket—the prisoners then suddenly crossed over towards me, walking side by side, talking and smiling, and I seized each of them by the collar—Johnson looked up in my face, and seeing who I was, he struggled and broke away—he ran down Ave Maria Lane pursued by Newland, who cried "Stop thief"—I took this purse from Harris's pocket and took him across to the lady, who identified it, but did not know it was stolen till I told her—I searched the prisoners at the station, and found a sovereign and 5s. in silver on Johnson, and 4s. 6d. on Harris—Johnson gave the name of Johnson, and said he had no fixed residence in London—I have seen them together once before and watched them.
Cross-examined. I took the purse from Harris's right-hand pocket—Johnson stood sideways in front of the lady, and close to her to impede her progress—Harris was between the lady and the other two ladies—the prisoners both left together.
GEORGE NEWLAND (Policeman D 415). I was with Scrivener on this afternoon, and saw the prisoners coming down Ludgate Hill—we were coming up on the other side in plain clothes—I left Scrivener and crossed over towards the prisoners, and saw them close to the lady, following her—from where I was I could not see what they did—they then crossed Ludgate Hill together, and I saw Scrivener seize them, one in each hand—Johnson struggled and got away, running up Ave Maria Lane—I ran after him,
crying "Stop thief!"—he was stopped by another constable and handed oyer to me, and I took him to the station—I have seen the prisoners together twice before—I did not lose sight of them.
Cross-examined. I saw them in St. Paul's Churchyard the Thursday and Friday previous—from where I stood I could not see Johnson's position when near the lady—they both crossed the road together—I think Johnson was a little in front, Harris following—I was at the station when they were charged—Harris denied all knowledge of Johnson, and said they strangers to each other.
Re-examined. They were put in one cell because Johnson said they would like to be in one cell together.
SARAH JANE FINCH . I am wife of John Finch, 187, Hungerford Road, Camden Town—at 4 p.m., on 12th November, I was on Ludgate Hill, carrying a small bag which opens with a spring—I held it in front of me with both hands—it contained a small parcel and a purse containing 19s. 7d., two postage stamps, and half a railway ticket—I did not see either of the prisoners—Scrivener came to me and spoke to me, and I missed my purse; he then showed me a purse which I at once identified as mine—the money was still in it—two lady friends were with me walking on my left.
Cross-examined. They were with me near Ave Maria Lane, one being in front and the other by my side—I saw no one try to impede my progress—there were a good many people about—I do not remember any particular individual.
Johnson's Statement before the Magistrate. "I am innocent of the charge and do not know anything about it."
HARRIS further PLEADED GUILTY to a previous conviction for felony on 22nd January, 1877, at Clerkenwell Sessions. JOHNSON was further charged with having been before convicted for felony on 21st October, 1878, at Brighton, in the name of Edward Senior; to this he
PLEADED NOT GUILTY, and the Jury found that it was not proved.
HARRIS— Fifteen Months' Imprisonment.
JOHNSON— Four Months' Imprisonment.
HARRIETT BRUNELL . I am a servant at 34. Doughty Street—on 18th October, about 9.30 p.m., I went out for some beer, leaving the door and windows fastened, and when I got to the next house I heard our door closed—I went back, and on looking through the keyhole I saw the prisoner walking on tiptoe through the hall—I went in and fastened up the door and found the prisoner in the back parlour—I said, "What do you want?"—he laid, "I have made a mistake. I wanted Miss Wilson, of Mecklenberg Square"—I called a gentleman down from the drawing-room and said, "This is a man I know nothing about," and he detained him while another gentleman fetched a constable—the next morning I found this key (produced), it opens the front door—I am sure I left the door shut—there were several lodgers in the house.
WALTER TRITTON (Policeman E 417). I was called to 34, Doughty Street, and saw the prisoner, the servant, and one of the. lodgers in the passage—I said to the prisoner, "What are you doing there?"—he said, "I have made a mistake; I wanted Miss Wilson, 34, Mecklenberg Square"—I
took him to the station and made inquiries afterwards, but there was no Hiss "Wilson at 34, Mecklenberg Square—this key was given me next morning—it opens the door of 34, Doughty Street, and other doors in the neighbourhood—the prisoner asked the mistress at the house to forgive him and give him another chance.
The Prisoner's Defence. I was very drunk, or should not have gone in. The door had been opened, I was sent to ask for Miss Wilson. As soon as I got in somebody came and asked me what I wanted, and I told her. I asked the lady to forgive me, and she offered to do so; nothing was found upon me; I know nothing about the key. They all know I was drunk.
GUILTY with intent to steal, He
PLEADED GUILTY to a former conviction in the name of Hugsey, on 22nd July, 1878. There was another indictment against him.— Two years' Imprisonment.
126. EDWIN LLOYD (36), ARTHUR WOTHERSPOON (21), and CHARLES SOWDEN (44) , Breaking and entering the warehouse of Isaac Thomas Wadmore and stealing 60 umbrellas and 100 yards of silk I Second Count charged them with receiving.
MR. RAVEN Prosecuted.
GEORGE READ (City Policeman 173). On Friday evening, 14tb November, I saw Lloyd with some females in a public-house in Milton Street—saw this pawnticket drop from Lloyd's pobket—a man picked it up and I took it ana saw that it related to umbrellas, pawned in the name of Ann Smith, 10, Bath Street, for 2s. 3d.,—in consequence of information I was looking out about umbrellas—I saw several other tickets—after going to" Mr. Wadmore's next day I went to Lloyd's lodgings, 7, Camden Court, Milton Street, and there saw Lloyd and Wotherspoon—I said to Lioyd "Account for that ticket that you dropped last night in the Paul's Head?"—he said, "So help me G—, I know nothing about it"—I said, "I shall take you and the other man (Wotherspoon) for being concerned in breaking and entering a warehouse on the second floor of No. 11, London Wall I shall search your premises before leaving"—Mr. Wadmore had already identified the umbrella—I took the key out of Lioyd's door and on searching I found four tickets concealed under the wall paper behind the door—each ticket related to a single umbrella all new—I took the key next moning to Mr. Wadmore's and found it unlocked the warehouse door—it also fitted Lloyd's door.
Cross-examined by Lioyd. I took this key on Saturday—it was then in this state.
Cross-examined by Wotherspoon. The ticket was picked up, and I took it from the man's hand—I did not know the young man who gave me the ticket—I did not say he was a friend of mine.
ISAAC THOMAS WADMORE . I have an umbrella warehouse at 11, London Wall—I buy silk to make up the umbrellas, but I do not sell it—Wotherspoon has been in my employment three or four months up to the 8th November, at 2 o'clock, the day the robbery was committed—this (produced) is the key of my warehouse—I do not know the other prisoners—at 10 o'clock on Monday morning I found that the warehouse had been
entered—I left it at 2.7 on Saturday—the door on the second floor I left locked—I have mot the key of the outer door—I carried the keys in my pocket—I recognise this silk by the quality and hemming—it it the same as that on the umbrellas—I left it in the warehouse on Saturday—on the Monday I found some boxes I had put on the mantelpiece all empty—each contained half a dozen umbrellas—a piece of silk, 46 yards, and this piece, 100 yards (produced), had gone; also 4 dosen umbrellas—I had discharged Wotherspoon at 2 o'clock before I left—when the constable brought Wotherspoon to me he said he had not been on the premises—at the station he said he said not taken the goods missed, but was outside while the two others went in and took them—the value of the property is about 38l.—I have seen the warehouse door opened by this second key.
WILLIAM HENRY DAVIS , I live at 95, Bartholomew Close—I remember the Saturday I went to Mr. Wadmore's premises, at 2.25—I am outdoor frame maker for Mr. Wadmore—Wotherspoon was an inside hand—I found the warehouse door unlocked end em the jar—I opened it and went in—seeing no one inside I came out again and stood outside till about 2.55—the first person I saw was Wotherspoon, who came up the stairs outside—he appeared to me to be rather surprised at finding me there—I said "Where is Mr. Wadmore?"—he said "He is gone, he has been gone some time with some one else"—I said "How is it the door is left open?"—he said "I know all about that, Mr. Wadmore is coming bank to look the place," and them "I will pay you that 6d. I owe you"—he did owe it me and he paid it—he said "It is mo use our waiting, as Mr. Wadmore is gone for the day"—he then went downstairs; I followed him—I was standing outside the warehouse door on the second floor—I left him at the street door and saw mo more of him.
Cross-examined Wotherspoon. We stood feeing Mr. Wadmore's door—I went there to settle a little account with Mr. Wadmore—I was not there three-quarters of an hour—I had a parcel under my arm from another warehouse; nothing for Mr. Wadmore.
WILLIAM OSBORNE (City Detective). On 12th November, about 6 p.m., I went with my officers to 45, Coleman Street, where Sowden lives—I saw him on the second floor—I said "We are police officers, I am going to take you into custody and charge you with being concerned with two others already in custody in breaking and entering a warehouse in London Wall, in the City, and stealings a number of umbrellas and a quantity of silk, the property of Mr. Wadmore"—he said "I know nothing about any silk or umbrellas"—I said "We have traced some silk to Mr. Blackett's, in the City Road, and we have information that you left it there"—he said "Not me; I have never been to Blackett's"—I then handed him over to Sergeant Bilby—something else occurred and I was obliged to leave—I afterwards saw him at Moor Lane Police-station, where Mr. Blackett was called in the presence of the prisoner, and the silk was lying there—I said "This is Mr. Blackett"—he said "Yes, that is him; I left it with him"—he was then charged and taken into the cell and searched—nothing was then found on him—this silk (produced) was given up to me by Mr. Blackett, who is in the umbrella line.
Cross-examined by Sowden. We had possession of the silk before I saw you—I decline to say how I got the information that you took it to the
City Road—I never mentioned your son's name; I do not know him, but as a result of my inquiries, if I were to see him I should put him in the dock with you—my information is that he was concerned in the breaking and entering.
JOHN EGLIN (Policeman 159 City). On 14th November I was in Shoreditch a short time, about 4 p.m.—that was the Friday after the robbery—I saw Wotherspoon and Sowden, with another man not in custody, walking along the street—I followed them to an umbrella shop in Commercial Street—Sowden went in, leaving Wotherspoon and the stranger outside; when Sowden came out he spoke with Wotherspoon and the man not in custody, and then went away—I followed Wotherspoon and the stranger to Camden Court, Milton Street, where Lloyd lives—I waited there two hours, tad neither of them came out—on the following day, Saturday, 15th, I went in company with the other officers to Lloyd's residence about 3 o'clock—I saw Wotherspoon and Lloyd there—Wotherspoon does not live there—that is the interview Bead has told you about—I was present when the officer found the pawntickets—I said to Wotherspoon "What are you doing here?"—he said "Lloyd called me up"—I said "I shall take you to the station, and charge you"—he said "I know nothing about it"—I had not mentioned anything; he knew what I meant, I had had a previous interview with him—Lloyd's wife was present—I took Wotherspoon to Moor Lane Police-station, and charged him—he said "Will Mr. Wadmore come here to-day?"—I said "Yes, I dare say he will"—he said "I should like to set him"—on the following day, Sunday, Mr. Wadmore came—I went with him to prisoner's cell, and left them there alone a little together at the prisoner's request—Mr. Wadmore then opened the door, and said "Come in, I want you to be present"—I went inside—Wotherspoon said "Mr. Wadmore, I did not go into your place myself; I took nothing from your place, I was too much outside, the others went in" (he gave the name of a man not in custody) "I did not wait; I did not see anything brought from the place, but I went away"—he said "I afterwards saw some of your property at—, "mentioning a place.
Cross-examined by Lloyd. Wotherspoon and the stranger came into your house about 5 o'clock—I have no recollection of seeing a "barrow at the bottom of the court.
Cross-examined by Wotherspoon. The officers, Read and Smith, went with me to Lloyd's house—Smith is not giving evidence in the case.
Cross-examined by Sowden. I watched you and Wotherspoon go into the shop in Commercial Street, because I suspected Wotherspoon—the other party I saw was your son.
JOHN BLACKETT . I am an umbrella manufacturer, of 29, City Road—on Saturday, November 15, Sowden called upon me and asked me to purchase a piece of silk, which he said was bought at a sale, and which he had a sample of—he went away, and in half an hour came back with the silk and five or six umbrellas—there were two pieces of silk rolled up like this umbrella silk—he said he wanted 1s. 8d. a yard—I said I did not think it was cheap as it was bought at a sale—he then said, "Cannot you make me an offer? Is not it worth 1s. a yard?"—I said, "Trade is rather quiet, and I do not think I will go in for it"—he went out of the shop—he left one piece and said he was going to Roadmaker Street—he took one piece and the umbrellas—he asked me to let him leave the other till he returned—I
saw no more of him until Wednesday at Moor Lane Police-station—I kept the silk at the back of the counter until the police came, and my father gave it up; I was out—the silk was undone, and we looked at it—that I think to be the piece (produced).
JOHN MORRIS WALKER . I am a pawnbroker, of 106, Aldersgate Street—I produce two umbrellas—one was pawned with me by two females, one on 13th and one on 14th November; one in the name of Mary Smith, the other in the name of Wood—these are the umbrellas (produced)—Mr. Wadmore has identified them.
JOSEPH NEWIN . I represent Mr. Seager, a pawnbroker, of 84, Lever Street, Si Luke's—I produce a pawn-ticket for an umbrella, 2s. 3d., Ann Smith, 10, Bath Street, 14th November—it was pawned by a female—this is the umbrella (produced).
SAMUEL KILL . I represent Mr. Richard Ball, of 27, Goswell Road, a pawnbroker—I produce a ticket for an umbrella pledged for 1s. on 14th November by Ann Wood, of 3, Andrews Street—this is the umbrella (produced).
GEORGE LAWRENCE . I represent Mr. C. G. Lawrence, a pawnbroker, of 49, Beach Street, Barbican—I produce the duplicate for an umbrella pawned for 2s. 3d. on the 13th November by Ann Wood, of No. 1, North Street—this is the umbrella (produced).
ROBERT BOULTBY (Detective Officer G). In consequence of information I went on 18th November to Mr. Smith's, a pawnbroker's, of Byfield Street, Hoxton—I received this umbrella from there—next day I apprehended Sowden—on the way to the station he said, "You see that woman on the opposite side?"—I said "Yes"—he said, "She has got the rest of the silk; if you will allow me to go into the public-house I will tell you all about it"—I allowed him to go into the public-house—he said, "A man that comes from Brixton brought the umbrellas to my place and the silk, and asked me to get a customer for it; two I got a man to pawn for me, one I sold to a man of the name of Harris in Hoxton, and the silk I left at Mr. Blackett's in the City Road"—he had been then told the charge by Osborn, and then he said he knew nothing about the robbery—he was then taken to the station and ldentified by Mr. Blackett as the man who left the silk, and he Mid, "Tee, I did leave the silk."
Cross-examined by Sowden. The other two officers followed the woman you pointed out—Osborne stopped her and searched her.
Before the Magistrate Lloyd and Wotherspoon said they were not guilty. Sowden said: "It was brought to me, and they said it was bought at a sale, and when I found from the landlord it was different he said, 'There is some property in the house you ought to get rid of.' I went upstairs and asked my wife, who was ill in bed, if there was anything left here. She said, 'Yes, a parcel with five umbrellas, left here by the name of Wotherspoon,' and I could hardly believe it. With that I took the umbrellas and the piece of silk to the man on Saturday, and when I found it was got wrong—folly I left it there, and would have no more to do with it".
Lloyd, in defence, said a young mem asked him to pawn two or three umbrellas for him when he was waiting about far a job, and as he had left two or three children without breakfast he was glad to earn a few shllings. The key had been in the door of his room ever since he lived there till his wife brought it to him in the cell on the Sunday. Wotherspoon said he was perfectly innocent and knew nothing of the charge. Sowden said a person who was ill asked Mm to sell the goodsf saying they were bought at a sale, and he tried to sell them.
LLOYD†— GUILTY of receiving. — Five Years'Penal Servitude.
WOTHER SPOON— GUILTY .
He received a good character.— Four Months' Imprisonment.
SOWDEN— GUILTY of receiving. — Six Months' Imprisonment.
THIRD COURT.—Wednesday, December 3rd, 1879.
Before Mr. Common Serjeant.
127. WILLIAM THOMAS HUNT (41) and WILLIAM JOHNSON (26) , Unlawfully conspiring together by false pretences to procure the employment of Johnson by William Thomas Naylor, with intent to defraud. Other Counts charging them with conspiracy to steal, and varying the charge.
MESSRS. BESLEY and TICKELL Prosecuted; MESSRS. GLYN and PURCELL defended Johnson, and MR. MORICE defended Hunt.
WILLIAM THOMAS NAYLOR . I keep the Stonehouse Tavern, Old Street, St. Luke's—in August, 1877, I was in want of a barman—Johnson called—he said "I have called for the barman's situation" and "I have 11 months' good character"—I said "Where?"—he said "From a gentleman that keeps the New Stag, Cumberland Market"—I cannot say if he mentioned the name of the gentleman, I have not put it down—I put down the address at the time and arranged to meet the prisoner there—I went to the New Stag the same evening—I made the top portion of this note at the time of tie interview—I put in the date when Johnson came into my service, the 23rd August—the interview was a day or two before that—I met Johnson outside the New Stag—I said "dan I see the proprietor?"—I saw Hunt in the her—I said to him, believing him to be the proprietor, "I have come respecting a barman's character"—he said "Come into the bar parlour"—Johnson did not go in—I can hardly say which spoke first; but I said "What is Johnson's character?" and he said "Very good "or "Very fair"—I said "By your recommendation I shall take him into my employ"—I said that Johnson had told me that he had 11 months' character—Hunt said "Yes, that is so"—that was all that took place, and believing that he had been 11 months at the New Stag as barman I took him into my service on the 23rd August, 1877, and he remained about three weeks, when my wife discharged him—she assists me in the business—while Johnson was wits me he used to take a little too much at times.
Cross-examined by MR. GLYN. I am quite sure I said that Johnson had told me that he had 11 months' character—I believe Hunt said that he could not recommend Johnson so much as a barman as he could for a potman—I think I said so before the Magistrate—he did say that he had only recently taken him into the bar.
Cross-examined by MR. MORICE. It is two years ago, and I cannot be very clear as to the conversation that took place.
SAMUEL RICHARDS . I am managing clerk to Messrs. Truman, Hanbury, and Co., brewers, the mortgagees of the New Stag at Cumberland Market—I was present when the house changed hands from Mr. Richardson to Mr.
Hunt in June, 1877—I have seen Mr. Bichardson here—I was also present when the house changed hands on the 5ft March, 1378—in March, 1878, the house was closed—the last order Hunt sent was on the 24th September, 1877—it was a small beerhouse, a man and his wile could manage it themselves without a barman quite easily.
Cross-examined by MR. GLYN. Hunt could not have bought beer else—where, because until he had paid off the money he had borrowed he was bound to deal with us—that is the rule of the trade, and it is very rigorously kept.
Cross-examined by MR. MORICE. I do not know when this house was conducted by a man and his wife alone.
SAMUEL RICHARDSON . I live at 18, Penrose Street, Walworth Road—I am an omnibus conductor—I kept the New Stag in Cumberland Market from February, 1876, to June, 1877, whan I sold it to Hunt—I never employed Johnson during that time, and when I transferred the house I had a man who acted in the morning as barman, but usually as a potman—I took him as a potman—I had not seen Johnson there before I left—I have visited the house since and seen him there—he was hanging about, the same as a customer would—he was not dressed as a potman.
Cross-examined by MR. GLYN. You find a potman generally in his shirtsleeves—he was near the door—I do not know what he was doing—it was about the middle of the day.
HENRY CHARLES HINTON . I live at 103, Carlton Street, Kentish Town—I am now a porter on the Midland Railway—I was a potman at the New Stag before June, 1877, while Richardson was there—I left a fortnight before Richardson left—up to ihat time Johnson did not act as potman there—I never knew him—a few days after Hunt took possession I returned, and became his potman—I remained with him about a fortnight—I served in the bar.
Cross-examined by MR. MORICE, Mr. Hunt and myself would he sufficient to serve in the bar—Mr. Hunt would not be sufficient to serve and do the work as well—I did not go in the bar when he was there. James Gatland. I was an inspector in the S.W. division—I am in another district now—in 1877 the New Stag was in my divison—while Hunt had possession, from June, 1877, to March, 1878, it was constantly ujper my supervision—I know Johnson by sight—I have seen him in the bar, on the public side, and standing outside as well—I have never seen him act as potman or barman—it is a very small house—it was dosed in March, 1878, for between two ami three months, I cannot speak positively.
Cross-examined by MR. PURCELL. I used the word "frequently "under my observation, before the Magistrate, because that word was put to me—what occurred inside the house was coinmuuicated to me by officers whom I sent in—I have been speaking of my own observation—I went into the house very seldom—I know what took place by looking through the window—I had no particular directions about this house—there are five inspectors. in that district—I have considerable duties to perform in the course of the day—I stood outside this public-house when I thought proper; usually in. the morning and evening; not every day—it has the ordinary public-house windows, ground glass and barred.
Cross-examined by MR. MORICE. I used my own discretion about this house—the frosted glass is not so high but what I can see over it, and I did so standing on the pavement.
JAMES COB (Policeman X 61). In 1877 the New Stag public-house was in my division—I lived about 150 yards off—I used the house three or four times a week, all the time Hunt was there—he lived there and served in the bar—the house closed shortly after Christmas—I never saw Johnson till he was in custody.
MATILDA KATE NAYLOR . 'I am the prosecutor's wife—while Johnson was in our employment, after 23rd August, 1877, I assisted my husband in the business—Johnson was paid weekly wages for two weeks—he left on the Thursday of the third week—I had seen him on four or five occasions pass a gallon of whisky to a stranger and no money pass, and I told him to leave the bar till Mr. Naylor returned home, and he would pay him his wages—he would not leave, but abused me, and I sent for a constable, but he left before the constable came—he returned on the following Saturday week for his wages, which we refused to pay him—he did not sue us.
The prisoner received a good character.
NOT GUILTY .
MR. KISCH Prosecuted; MR. WARNER SLEIGH Defended.
HENRY NICHOLLS . I keep a cafe at 49, Tottenham Court Road—I have known the prisoner eight or nine months—I met him in Tottenham Court Road—he said "Would you mind discounting this bill for me; Eades is a friend of mine"—he produced a bill of exchange—I said "I do not can to do anything of the sort"—he said "It is all right, he is a friend of mine and has got plenty of money, and can pay you, and he will give you a sovereign for discounting the bill"—upon that he gave me the document and I handed him this cheque for 14l., and said "I will do it as a favour for you"—in July or August I again saw the prisoner—I handed him the bill and asked him to collect it for me as the acceptor was a friend of his—he said "All right"—a few days afterwards I saw him again—he said I have renewed that bill for you again; Mr. Eades is not in a position to pay it; here is another sovereign for you"—that was for the renewal—he then handed me this renewed acceptance and a sovereign. (This was a bill of exchange, dated 7th July, 1879, for 15l., drawn by J. R. Tanner upon and accepted by R. E. Eades, ivory-worker, 30a, Wharf Road, Islington Wharf.) This acceptance was returned to me dishonoured—I went and saw Mr. Eades, and about a fortnight afterwards I saw the prisoner in the street several times—I said to the prisoner on one occasion "That bill of Eades's is returned from the bank"—I cannot give the dates—I also said "I am going to see Eades to-day"—he said "It is all right"—one time I said "How is it that 7l. 12s. you collected for me has never been paid?"—he said "My wife took it out of my pocket and I will pay you as soon as I can"—he said nothing about the bill on that occasion—I gave my cheque for 14l. believing the statements he made to me to be true—I have not received payment of the bill, and it is very much overdue—I saw the prisoner about a week afterwards—I said "I have seen Eades, and he distinctly denies having written the bill or accepted it, or having given anybody else authority to do so"—he said "Eades told me to write the bill myself, because he had had a bad night, and I wrote it myself"—that was the first time the prisoner indicated that he had written the name or that he had been asked to do so—I said "I shall prosecute
Eades"—I subsequently gave the prisoner into custody—Mr. Eades refused to pay me—the prisoner was taken to Clerkenwell, there was some question as to jurisdiction, and he was taken to Marlborough Street and subsequently sent for trial.
Cross-examined. I know Mr. Tregale—at one time he lived in my house; he is a personal friend of mine of twelve years' standing—I cave Tanner the bill at the Bedford Hotel; he and I and Tregale were there together—I am a Freemason, and I believe the prisoner is—the body of the bill is not like the prisoner's usual writing—I have had perhaps a dozen letters from him—I have been about with him perhaps four or fire times—I have gone to public-houses with him almost daily—I don't call that being about with him—I have once been to a court of justice with him, when he was charged with an assault and fined 51—I was bail for him.
RICHARD EADES . I am an ivory worker—I have known the prisoner about eight years—the acceptance to this bill is not my writing—I never gave the prisoner or any one authority to sign my name to it—I know nothing about it; it is not like my writing—I did not in July give the prisoner a sovereign to take to Mr. Nicholls and ask him to renew the bill.
Cross-examined. I have had one bill transaction with the prisoner about 15 months ago—he put his name to a bill for 13l. 10s. to oblige me—he never had a penny of it—I have consulted him once or twice about business connected with the manufacture, and if a person owed me an account I would put it into his hands—he wrote letters for me—I am not aware that he ever signed my name; certainly not by my authority—I am under the impression that he has signed my name to letters in my presence and by my authority—when he called, my man, John Lampard, was present in 99 cases out of 100, and sometimes several friends were there, and perhaps Miss Parker, the young lady who does my cushions—I did not know Mr. Nicholls till he came and produced this piece of paper to me—I never signed a bill for the prisoner—we were very intimate friends—he is married, and has three young children.
JOSEPH WAKEFIELD (Detective G). The prisoner was given into my custody by Mr. Nicholls on 13th October—I said to him "Mr. Tanner, I am going to take you into custody for forging and uttering a bill for 15l., which you presented to this gentleman"—he said "Does he mean it?"—I said "He does"—he said "That is not right then."
NOT GUILTY .
Before Mr. Common Serjeant.
129. GEORGE KITCHEN** (34) PLEADED GUILTY to a burglary in the dwelling-house of Samuel Henry Marsden, and stealing three brooches, and other articles, having been before convicted.— Fifteen Months' Imprisonment.
MR. D. METCALFE Prosecuted.
prisoners came to the house—Watkinson said "There is work for you at Bryant's match factory"—I told them to come into the back room and wait till I dressed—I shut the street door, and left on the table in the parlour a new shift and a pair of drawers and two petticoats—I came down in about 10 minutes and the prisoners were gone and the things also, and the street door was wide open—I ran to see if I could see them, but could not—I did not say anything to my sister then; I was frightened—I told her afterwards.
GEORGE ADLINGTON . I am assistant to Mr. Carpenter, pawnbroker, at Bow—on 24th October two females pawned these articles for 2s. in the name of Howard—I am not positive that the prisoners are the persons.
Cross-examined by Watkinson. I believe you pledged the things—we had only just opened; it was 8.40.
JOHN BRAZIER (Policeman k 92), On 24th October I went to the prosecutor's house—I saw the two prisoners outside the door—I knocked at the door and asked Mrs. Sullivan about the robbery, and she gave the prisoners into custody—I told them the charge—Hall made no answer—Watkinson said "She is a d—d liar; she will be in prison herself before long for false swearing"—they were searched at the station, but nothing was found on them—Hall said that she: stood at the door while Watkinson went inside and she picked up a pair of new boots—I subsequently went to the pawnbroker's; who handed me these tilings.
GUILTY. WALKINISON also
PLEADED GUILTY to a previous conviction in July at Chelmsford.— Eighteen months' Imprisonment.
HALL— Nine Months' Imprisonment
MR. WILLES Prosecuted.
WILLIAH WILTSHIRE (Policeman D 23). About 10 a.m, on 5th October I saw the female prisoner at Brook House, Snaresbrook—I said "Where is your husband?"—she said "I have not seen him for some time,"—I said, "How do you account for a pocket-handkerchief being found at his lodging at Emery's at Wanstead?"—she said "I can't account for it"—I then left? the house, and kept observation upon it until about 6 o'clock—I then saw the male prisoner come up—I said "Is your name Walker?"—he said "Yes"—I said "Are you married?"—he said "No, I am a single man"—I said "Do you know any one living here?"—he said "No"—I said "We will inquire"—I rang the bell, the door was opened, and I took the male prisoner into the dining-room—I was in plain clothes—the female prisoner was called up from downstairs, and, looking at the man, she said "Yes, that is my husband"—I then told him that I was an officer—I showed him an old pocket-handkerchief that had been found, and said "Is this yours?"—he said "No"—it is marked "C. Hope"—I said "How do you account for it being found at your lodging?"—he said "I can't account for it"—I requested him to take off one of his boots—these are the boots (produced); they were identified by. Mr. Gore——I then took him into custody, and said. "You will he charged with stealing, two pairs of trousers and other articles; he said
nothing at the time—I afterwards went to his lodging in Church Lane,. Wanstead, and there found this box and basket—the box contained two pairs of trousers, two pairs of socks, three pairs of drawers, and other things, all of which were identified by Mr. Hope—the basket was identified by Mr. Gore; it has a padlock to it; it contained two bottles, two shawls a dog whip, four books, a pocket knife, and other things, which Mr. Gore identified—the prisoner was present, and said he had bought some of them six years ago in London, and he said to the prosecutor, who was also present with Mr. Gore, "I should think you will identify anything"—I afterwards went down into Kent to the father of the female prisoner with a constable of the Kent Constabulary, and Mrs. Gore and her servant—I searched the house, and found in a box belonging to the female prisoner a pair of trousers, three coats, a waistcoat, a letter balance, and 46 photographs; they were identified by Mr. Hope; also five tablecloths, identified by Mrs. Gore, a dressing gown, 2 linen sheets, 4 chemises, 15 towels, 12 dish-cloths, 9 pillow cases, 2 china cups and saucers and china plates, 7 antimacassars, 3 moulds, a carving knife and fork, and other articles; most of the underclothing was marked—"C. Hope "was on a white waistcoat; the mark was cut out of many of the articles—I searched the box of the female prisoner where she was in service at Brook House, ana there found three pocket handkerchiefs, one of which was marked "H. S. G."—one of the books I found in the male prisoner's box has Mrs. Hope's name in it—all the property has been, identified by Mr. Hope and Mr. Gore.
CHARLES SOUTHERN HOPE . I reside at Brook House, Snareabrook—the female prisoner was in my service as lady's maid to my sister, Mrs. Gore, who lives in the house with her husband—I identify some of the property produced as mine—I had missed many of the things from time to time—I have spoken of the loss to the prisoner, particularly about the shooting-socks—I know nothing of the male prisoner—I kept my things in the drawers and in the wardrobe—the drawers were open—the female prisoner had charge of the washing, so that she had access to all the linen—all the washing was put out except the handkerchiefs.
HENRY SAMUEL GORE . I reside with Mr. Hope at Brook House—the female prisoner was in the service—I have seen the property produced—the boots which the male prisoner was wearing when he came into the house I recognised by a patch which was put on them—the dog-whip was taken out of the basket that was found at the male prisoners lodging, and I identified it at the police-station—I missed it about March last, a few days 'after I bought it—the female prisoner Was engaged on 24th June, 1878—I frequently spoke about the loss of the dog-whip in her presence; it was left in the hall—I identify these gold ear-drops as my wife's property; also this writing-case and this hat, which had disappeared a long time—among the first things taken out was this book, with my wife's maiden name in it—I identify this basket, it has a puzzle or trick lock; the police could not open it till I came, because they did not know the puzzle—the male prisoner said the boots were his, that he bought them—I identify the two handkerchiefs found in the female prisoner's box—we had been missing things for a long time; one servant had left after another, and the prisoner had accused them of taking these things—I did not know her husband—I knew she was married, but she said her husband was abroad—he never visited the house that we knew Of.
Mary Jane Walker's Defence. While I was at Mrs. Gore's her aunt, who is now dead, gave me these things, as I had a very hard time with her, and I never had a half-crown from her. She gave me a pair of trousers and a coat and waiscoat, and said, "You have some boys, you may take then for them and put them by. "I have never stolen a thing, and my husband has never had anything to do with it. I have had a character and have now lost it.
Frederick Walker's Defence. These clothes are my wife's, we bought them of a man of the name of Boleter, who said he was out of a situation and they were gentlemen's left-off clothes.
MARY JANE WALKER— GUILTY of stealing. — Twelve Monty Imprisonment.
FREDERICK WALKER— GUILTY of receiving. He also
PLEADED GUILTY** to a previous conviction in February, 1878, at the Surrey Sessions.— Five Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
COPE PLEADED GUILTY .
In the case of Tomkins, the Jury, being unable to agree, were discharged without giving a verdict, and he was subsequently tried before another Jury. See below.
Before Mr. Common Serjeant.
COPE PLEADED GUILTY .
MESSRS. BESLEY and THORNE COLE Prosecuted; MR. A. B. KELLY Defended.
JAMES JOSEPH CHILD . I carry on business in partnership with Mr. Hinde as cabinetmakers—our factory was at one time in the Euston Road, but has recently been removed to Lower Road, Deptford—the prisoners were in our service; Tomkins was a cabinetmaker working in the shop at Deptford, where about 150 men are employed—in the workshop there are benches, tools, and appliances for the manufacture of dressing-tables and goods of that class—Tomkins's wages were from 35s. to 2l. a week—he was a skilled workman—his hours were from nine to ten hours per day—he was not allowed to work for any one else—he had worked for us about 18 months regularly—Cope was taken into custody first—I was not present when Tomkins was taken afterwards—these things were produced to me—this is part of a dressing-table; it is made of ash—I can swear to my pattern—the spindles are ebonised wood—I did not make these myself, but I bought a stock of them, and I have since tried to get the same pattern, but could not do so—I have had to take a different pattern—the deal drawers form part of the same table—I missed the goods when taking stock—the drawers are made of ash and walnut—I can swear to the ebonised spindles because the pattern is ours, and has never been made by any one else—it has been imitated—this towel-horse I can swear to—Tomkins said at the police-court they were ours—he cross-examined me, and I positively swore to there parts—the moulds are used in our business, and I swear to them—no one
had the right to take them out of the shop; they are kept in the foreman's office; the workman never took them away to my knowledge—Tomkins never took work home for me—the value of the two jewel drawers, with a glass frame and tiled back, would be about 4l. 10s.—the four moulds are of very little value, about 1s., the walnut towel-horse about 5s. 6d.,—there is also a peculiarity about the veneer—we bought the whole stock, and tried to match it afterwards,'but could not, although my foreman was going about the whole of two days to try and get this particular wood—it is Hungarian ash, and we cannot procure it now—I have never sold any of that veneer—on one occasion I sold four pieces of pine to Tomkins; he asked me to do so, and I told him then that I did not care about selling wood—I think I charged him 1s. 6d. or 2s. for it; that is the only occasion I ever sold my wood—I was not aware that he had this property at the coffee-shop—my foreman makes out delivery orders for the materials each workman requires—these produced are some made out in the name of Tomkins—when the job is finished the order is signed as finished, the job is entered, and the clerk has charge of the orders—the orders ought never to leave the premises.
Cross-examined. Tomkins had been in our employment one or two years—he was a good workman, and it was not impossible for him to imitate my patterns—I have given my workmen wood, but never much, not enough to make any of these goods—they said they wanted to repair something—cabinetmakers sometimes work at home, but it is not the rule—one of the duplicates found at Cope's place referred to a miniature set of drawers—no doubt that was manufactured at home—a workman would have to buy 24 gross of those spindles, and even then, considering the price he would have to pay, he could get other patterns cheaper—I can also swear to the graining on those drawers—a miniature chest of drawers like that could be made by a workman without my knowing it.
Re-examined. I never gave Tomkins permission to make any of these things.
THOMAS BANNISTER (Police Inspector Criminal Investigation Department). I went to the Cricketers public-house on 30th of November—Cope was then in custody—I saw Tomkins—I called him on one side—I said "I shall take you into custody for being concerned with others in stealing some cabinet work from your employers"—he said, "That is a bit more of it"—I afterwards went to the coffee shop, an address Tomkins gave me—I was shown to the back room—I found a deal box—a constable had been there before me and brought away the articles produced—I saw them afterwards at the station—I saw no bench or appliances for manufacturing cabinet work in the room—I heard Tomkins cross-examined by Mr. Child at the police-court about the crossbars of the towel-horse—Mr. Child swore to the uprights, and then Tomkins said, "All the uprights but not the crossbars."
Cross-examined. The room in the coffee shop was a bedroom where Tomkins slept.
DAVID LESTER (Policeman). I went to the coffee shop before Bannister and brought away these articles—I saw a deal box there—I examined the box—a quantity of clothing and the sheet veneering were in the pox and the makers orders—there were no shavings about the room.
articles—the workmen bring their own tools to the factory, and work from I nine to ten hours a day—while they are in our employment they have to obtain permission to take their tools away—Tomkins never asked permission—we seldom give it, and no one has a right but myself and partner to give it—it is against the rules.
Cross-examined. The moulds should never remain in the possession of the workmen, but should be given up to the foreman and hung up on nails—pending the work they remain on the bench—I am not much in the shop.
Re-examined. I never knew an instance of a mould going off the premises.
ERNEST MANKEY . I am the foreman to Messrs. Hinde and Child—I recognise these veneers as their property—about two months ago there was a removal of stock from Euston Road to Deptford—Tomkins was employed at both places, and would have access to the property—he never applied to me to sell such veneers as these—we never give them away—the moulds aw used in the workshop—I never gave permission to take them away—Tomkins is one of 150 men who work at the factory—they brought their own tools—cabinetmakers' tools are valuable—they are not allowed to take them away without permission—Tomkins never asked permission to do so—the spindles and the towel horse are our property.
Cross-examined. This chest of drawers would be produced on the premises—it is veneered—these pieces of veneer are worth about 4s. or 5s.—this one is a natural satin veneer—there are other veneers called natural satin, but they are not exactly the same colour—the tile back is our pattern.
Re-examined. To make this glass frame, the jewel drawers, and the back of the washstand would take a workman about two and a half days at ten hours a day—the towel horse would take about two hours to put the pieces together—the men put the feet on and the crossbars in, the uprights are turned by machinery.
Witnesses for the Defence.
JOHN WILLIAM TILLETT . Tomkins lodged in my house between three and four years at 81, Bridport Place, Hoxton—he rented a room on the second-floor back—it is a coffee-shop—I have repeatedly known him work in that room; I have seen him at work, and my wife has taken away several apron-fuls of shavings—there was no bench, but a clothes-box three or four feet long and two or three feet high—I showed the officer where he had been planing and hammering upon it—he worked upon that box and made a bench of it; I have seen him planing on that box; I have also seen cabinetmaker's tools there—I saw him manufacturing something very like these jewel-cases on this box—he has borne a good character.
Cross-examined. We have four rooms above the shop—I have no other lodgers now, but have two rooms to let—on a Sunday morning Tomkins has frequently brought down his glue-pot—I knew he was employed by Messrs. Hinde and Child at Tottenham Court Road from his own words—I have not said this man never did any work in our house; I said he never did any turning—I did not say that I had seen him work at the house before, because it did not occur to me—I told Mr. Hinde when he asked me what he had done with the shavings that there might have been three or font apronfuls taken away—he never worked late hours in my house—my house
was closed at 8.30 every night—I have seen him at work as late as 7 or 8 o'clock during the long days—I have gone into the room when he has been at work on two or three occasions;. the last occasion was about two or three weeks before he was taken into custody, and then he had a plane and hand-screws—the first time was three years ago—I did not stay in the room long—he used a candle at night—I went once to the Greenwich Court outside, but did not go in.
By the Jury. I have Tomkins's glue-pot at home now—he had a mould, and a big hammer and chisels—I have not seen the mould—I said on one occasion, "I let you this for a bedroom, and not for a tool-room."
GEORGE MARTIN . I am a cabinet-maker—I have a workshop, and offered the prisoner the use of one of the spare benches, but he has not availed himself of the offer—I have never seen anything of Hinde and Child's goods—I have never visited Tomkins's lodgings.
Witnesses in Reply.
DAVID LESTER (Recalled). When I went to the coffee-shop I made a thorough examination of Tomkins's room—I saw no plane; there were a few tools such as would not be required, but no tools such as would be used for this work—I asked Tillett whether he ever saw the prisoner do any sawing or planing—he said, "All that has been done has been done upon the box"—I called his attention to the fact of the paint not being removed; it was quite as fresh in comparison to the other portion of the box—he said be never knew him work, only just to smooth up a piece of anything, but no knocking or making anything new.
THOMAS BANNISTER (Recalled). I saw Tillett after the prisoner was in custody—I asked him if he had ever seen the prisoner do any work there—he said "No "distinctly—I asked him if it were possible for him to do tibia work, and he said "No, certainly not"—I told Mr. Tillett thai the prisoner said he would call him as a witness—Tillett said it was no use calling him, he could not prove anything.
Cross-examined. I did not hear the conversation with the other constable; he went in before me—Mr. Hinde was present when I was there.
WILLIAM JOHN HINDI (Recalled). I saw Tillett after the prisoner was in custody—Tillett said "He never did any work there "distinctly—that was when Bannister was present and Mankey—I did not see any tools except an old plane—there was no indication to my mind of his having worked on the box, and the box has been very much overstated in size.
ERNEST MANKEY (Recalled). I was present when Tillett was spoken to about the prisoner being a lodger and what he had in his house—Tillett said "He never did any work there"—I heard him say that distinctly in the presence of Mr. Bannister and Mr. Hinde.
TOMKINS— GUILTY .
The Jury recommended him to mercy.— Nine Months' Imprisonment.
COPE— Six Months' Imprisonment.
MR. PURCELL Prosecuted.
WILLIAM COPPIN . I am a labourer, of 73, Deptford Green—about 12 o'clock on Saturday night, 12th October, I was staying with Mr. and Mrs. Mabbitt—the prisoner is Mr. Mabbitt's brother-in-law—he came into the house and said "I have paid a debt for that Eliza, and if she does not pav
me I will stab her to the b——heart"—Eliza is Mr. Mabbitt's daughter—Mr. Mabbitt rose from his seat and said "We won't have such language here towards my daughter; if she wants any correction I will correct her not you"—there was then a disturbance—Mr. Mabbitt was going to pot him out of the house, and he forced his way into the back room, and Mr. Mabbitt went after him—they were there a short time—I then only heard talking—after a time I went into the room—Mr. Mabbitt was trying to haul him out; he was trying to catch hold of his arms—I said "I will get him out, Jack, if you will leave him to me"—Mr. Mabbitt went away then, and I took hold of the prisoner's arms and tried to pull him out—he snatched his arms away from me, and I felt two blows on my left side; then when I went to catch hold of him again he jobbed me in the hand with a knife—I did not see the knife—the blood flowed freely, and I let go of him—I said to Mr. Mabbitt "He has stabbed me"—I put my hand in my trousers and pulled it out, and found it was saturated with blood—I did not run against the knife—I was placed under the care of a doctor—I was a month all but three days confined to my room and in bed—I have suffered very much—I am not suffering now.
Cross-examined by the Prisoner. I did not hit you—I did not knock your head up against a brick wall—I did not knock you down two or three times—I did not hit you in the face and say I would settle you before I had done with you.
JOHN MABBITT . I am a bricklayer, of 80, Hughes Fields, Deptford—on this Saturday night the prisoner came into my room; he said "Your daughter owes me 6d., and if she does not pay me I will pay her," and he used bad language—I said "I won't have such language," and got up to put him out—he said "I will pay you," and smacked me in the face; he then rushed into the back room—Coppin went after him—shortly after I heard some struggling, and went to the front door to see if I could see a constable—I did not see the prisoner strike Coppin—when Coppin came to the front door he said "Oh dear, I am stabbed?"—he pulled his hand from his trowsers, and it was all over blood.
Cross-examined. I did not strike you until you used vulgar expressions—I did not knock your head against a brick wall—I did not knock you down five or six times—I caught hold of you to put you out, and you went into the room—I did not want to have bad language—after you insulted me I smacked you in the face, and you went into the back room.
By the Court. The prisoner is my wife's brother.
ANNE MABBITT . I am the wife of the last witness and sister of the prisoner—he lives at our house—on this Saturday night he came into the room in his shirt sleeves—a young girl was there who he keeps company with—we were in the front room, myself, Coppin, and my husband—afcout half-past 12 Eliza came in, and the prisoner said to her "Look here, I want that 1s. you owe me"—she said "I do not owe you a shilling; I only owe you sixpence"—I said "How do you make that out? I lent you sixpence last Saturday night and one last night"—she made use of aggravating expressions—he said "Well, if you don't pay me I shall have to pay you"—my husband got up off his chair and interfered; he said "You get out of here as quick as you like"—the prisoner said "Where can I go? this is my home"—my husband said "You must go out"—he said he would not, and my husband began to shove him out—Coppin was sitting in the corner of
my front room, and he said "Do not upset yourself, Anne, I will very soon settle him; he shan't hurt Jack, "meaning my husband—Coppin was keeping company with my sister, who was in service—Coppin went into the back room after the prisoner—my husband was then at the street door; he did not go into the back room; I was in the passage; I did not lose sight of my husband at all—I went after Coppin into the room, and he was beating the prisoner violently down in the corner—I said "Don't beat him; he has had quite enough without your interfering"—I went to see if I could get a policeman—my husband was standing at the door, and said "I wish I could get a policeman; I would have you all locked up"—they were all in drink, the prisoner, my husband, and Coppin; I and Eliza were sober—the four cuts that Coppin said he got at the back of the hand were on the hand he was beating my brother with in the corner—he was very badly used.
WILLIAM COPPIN (Re-examined). Mr. Mabbitt followed the prisoner into the back room—I did not go in for some time afterwards—I met Mabbitt coming out—I had not seen him inside because I was in the passage—I only heard the noise—I did not knock the prisoner about—Mrs. Mabbitt did not come in while I was with the prisoner—I did not see her at all till I came out with my hand cut—she did not say "The boy has had enough already"—we had both had a glass or two, but were not drunk.
PATRICK PALMER . I am a surgeon at 120, High Street, Deptford—I saw Coppin on the night of the 20th—my assistant dressed his wounds—on the Wednesday following I saw him again and examined him—I found several incised wounds, four on the left hand, one over the region of the stomach, a little to the left of the medial line, about half an inch deep; the other was on the left side, about a hand's breadth below the left nipple, near the region of the heart; that was a clean stab, I did not examine the depth of it; there was much blood, the wounds healed very unkindly—there was a wound on the first joint of the little finger of the left hand, one near the second finger, a short cut over the soft part of the hand, and a fourth across the back of the hand; they were all wounds which could have been caused by this knife (produced)—they were all incised wounds—they would not have been caused by striking the hand against the wall.
HENRY MASKELL (Policeman R 79). About 2.30 a.m. on the 12th I went to this house—I saw Coppin in the back room bleeding—I afterwards apprehended the prisoner in High Street, Deptford, about a mile from the house—I said "What is your name?"—he said "Nothing"—I said "That answer won't do for me; I think you may as well tell me now as when I take you to the station"—he said "You know me, don't you?"—I said "Yes; I know you to be William Brightly, and I am going to take you in charge for stabbing William Coppin at 80, High Street, just after 12 this morning; where is that knife?"—he put his hand in his left-hand trousers pocket and pulled out the knife produced, and said "I was having a row with my sister, she never went to service on Tuesday, and I had to pay her debts, and he came and interfered; I had the knife open in my hand and he jobbed against it"—I said "How often did he job against it?"—he said "Once, I suppose"—I asked him no further questions—I took him to the station, and on the way there he said something about paying for the doctor, but he did not speak loud enough for me to hear what it was.
The prisoner's Statement before the Magistrate and in his Defence was that he was very badly knocked about by Coppin, and thai he knew nothing about stabbing him.
GUILTY of unlawfully wounding. Recommended to mercy by the Jury on account of the provocation he received. — Six Months' Imprisonment.
MR. ST. AUBYN Prosecuted; MR. BESLEY Defended.
JAMES MUNYARD . I am a cab proprietor at Greenwich—I bad a summon against the defendant at the Greenwich County Court on 3rd August last, to recover money due to me; it was heard on 22nd October; the Judge was about to give it in my favour until the prisoner put in some bills and this book (produced)—I was asked if I had signed this—my signature is here, also the words "free of all demands; "those words were not there when I signed my name—the defendant swore that they were.
Cross-examined. The defendant's wife is my mother—there have been disagreements with some members of the family, bat not between me and the prisoner—I did not beg him to intercede with his wife so as to make it up—he proposed to me to go into business with him, and I assented to it—I can't say the date when the partnership was to begin; the agreement was never signed; we were to give an account of one another's debts—it went off because he would not give me a straightforward account of how he stood.
By the Court. The whole question turns on the words "free of all demands."
NOT GUILTY .
Before Mr. Common Serjeant.
137. SAMUEL WALKER (29) and CHARLES CARTER (32) , Unlawfully obtaining by false pretences from John George Clayton a port-office order, with intent to defraud. Other Counts for obtaining goods and money from other persons, and for conspiracy to defraud.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. HORACE Avory appeared for Walker, and Mr. Fulton for Carter.
JOHN GEORGE CLAYTON . I am a cotton manufacturer, of 11st Swan Court, Market Street, Manchester—in May last my wife saw in the Bazaar and Mart an advertisement by J. Whitecross, 293, Battersea Park Road, S. W.—she handed it to me—I answered the advertisement, and received this reply marked "A." (This stated that the writer had some silk for sale at Mr. J. Whitaker's, 293, Battersea Park Road, S.W., Registrar of Births, Marriages, and Deaths.) Upon that I sent a post-office order for 5l. 10s. to that address—I never received the silk—I received this letter marked "D." (This stated that the silk had gone before the witness's letter came.) I never received the money back nor the silk—I believed the transaction to be genuine when I sent the money.
HARRIET STAGEMAN . I am the wife of James Stageman, of 293, Battersea Park Road, newsman and tobacconist—no such person as J. Whitaker lives there, nor any registrar of births, marriages, and deaths—letters came addressed
in that way—I took them in at Carter's request, who agreed to pay me 6d. a dozen—he called on me about the beginning of May, and I took them in to oblige him—a large quanty came from the country—I did not know his name was not Whitaker—after some time the police communicated with me.
Cross-examined by MR. FULTON; I saw Carter four or five times—I recognised him at the police-court standing with six or seven others—he came five or six times for letters.
JAMES WOOLMER . I keep the post-office at 327, Battersea Park Road—about 16th May Mr. Mumford's son came to my place accompanied by Walker with this post-office order, and I saw the other prisoner outside—Walker asked me to oblige him by cashing the post-office order—I refused to do so—he pressed me—it was not payable until ten days after date.
Cross-examined by MR. AVORY. Walker was there twice, the first time was without Mumford, when he came to cash the order; the second time he came with young Mumford, and simply made an inquiry about it.
Cross-examined by MR. FULTON. I am sure about Carter—I saw him two days afterwards—I paid him a post-office order in the name of Whitaker.
GEORGE MUMFORD . I live at Battersea—Walker came into my shop and asked me to change an order payable 10 days after date—I told him I had never seen a post-dated money order before, and I objected to change it—he said it was perfectly right—I said "How do you account for its being post dated?"—he told me that his friends had sent it from the country, and that he wanted it immediately for the next morning—he also said "Country people have funny ideas, and they post dated it so that I might acknowledge its receipt"—he also told me that he had been summoned for keeping a dog without a licence, and he wanted to pay it next morning—I told him if I had time I would send to the post-office to see if it were correct, but I was busy—he said he would leave it with me for an hour—he left it with me and came back before I had time to send to the post-office—I allowed my son to go with the prisoner Walker to the post-office to see if they had received any advice—he came back with my son—I found that there was the advice at the post-office although it was a post dated order—I agreed to cash it and gave him 5l. 5s. for the order 5l. 10s.—it was already signed "J. Whitaker"—I asked him the name of the sender, and he wrote the name of Clayton on the back of it, and then left—when I presented it it was stopped.
Cross-examined by MR. AVORY. I knew Walker before by sight as a passer-by, and he told me he lived opposite—he wrote on the back of the order "A. H. Clayton, Manchester."
AGNES SQUIRE . I am the wife of Alfred Squire, a hatter, in Yorkshire—in July I saw an advertisement in the Bazaar and Mart, to which I replied—I received this letter in answer. (This enclosed pattern of silk, and was signed G. Girdler.) That was the name in the advertisement—I sent a post-office order for 3l. 12s. for the silk, payable to Q. Girdler 10 days after issue—I never received the silk—I wrote afterwards and received this letter: "This silk has been sent off, and I suppose you have
had it by this time. As the post-office order is not payable till Monday next you need not be afraid. G. Girdler. "I never received the silk, nor the post-office order back—I believed the advertisement to be bond fide, and that was the reason I parted with my money.
GEORGE PIPPIN . I am a furniture-dealer at East Greenwich—some time last July Walker brought me this post-office order and asked me to change it—I said "Can't you get it changed?"—he said "No, it is post-dated, country people always post-date the orders, so that I shall send word back that I have received it; if you don't mind changing it for me I will give you 10s. for doing so"—I said "If you go along with me to the post-office I will see if it is all right"—I went with him to Mr. Parr, and showed it to him in Walker's presence—I found there was an advice—Mr. Parr asked to whom it was payable—Walker said it was his son—the signature on it is "G. Girdler"—I asked him where he lived—he said he had been betting and he did not want it known—I found it was all right, and gave him the money, 3l. 12s.—when I presented the order I found it had been stopped, and I lost the money.
Cross-examined by MR. AVORY. I never saw Walker before nor afterwards till I saw him at the police-court in October—the only alteration I noticed in him was that he had let his whiskers grow under his chin—I would not positively swear, but I believe he is the man.
HARRY WILLIAM PARR . I live with my father at the post-office, East Greenwich—I remember Mr. Pippin coming there with another man, who I believe to be Walker, to see if the order was right—it bad been presented three days before by another man, to the best of my belief it was Carter, and I then refused to cash it; it was payable 10 days after—I told the man who came with Pippin that the order bad been presented three days before by another man, and I said "Are you Mr. Girdlert—he said "Yes"—I said "Is this your writing, did you sign it?"—he said "I did"—he gave me the correct name of the sender.
Cross-examined by MR. AVORY. I will not swear that the prisoners are the same men—I had seen neither of them before nor since, until I saw them in the cell.
WILLIAM GEORGE MARTIN . I am a grocer, living at West Lynn, Norfolk—in July last I saw an advertisement in the Bazaar and Mart, in consequence of which I wrote to T. Girdler, 103, Trafalgar Road, Greenwich—I got this reply, "In reply to yours to our London office I may be ft purchaser of both (if cheap), the watch at 7l. and the ring at 4l., reference to National Provincial Bank. Kindly send them on approval. I should like to keep the watch three days if you have no objection, as my principal object is a good timekeeper. I have a first rate one, a fine instrument, but it varies very much. Yours obediently, T. Girdler."—I sent the watch and ring to him and got this reply, "Watch and ring to hand safely, when I have shown them to someone I will let you know, T. Girdler"—I afterwards wrote for the money or the things to be sent back, but got no reply.
ARTHUR SMITH . I am a clerk of I, Peel Street, York—I saw an advertisement in the Bazaar, Exchange, and Mart, about the middle of July—my brother replied to it and got this letter (This letter asked the price of some diamond rings, and gave the London and County Bank and Messrs. Low and Co., of Charing Cross, as references; it was signed "G. Girdler" and headed "Control Department, Inland Revenue, Private address, 103, Trafalgar Road, Greenwich")—I sent a gold diamond ring by registered letter to Trafalgar Road address on probation—its value was 2l. 15s. and got this letter from that address: "Dear Sir,—Your ring came safely to hand. I have been away or would have written before. When my father returns this evening he will get a cheque for you and forward it to you. Yours obediently, G. Girdler"—I never got the cheque nor the ring—I wrote again to the address—my letters were returned from the dead letter office. Mary Ann Smith. I live at Spilsby in Lincolnshire—in July last I saw an advertisement in the Exchange arid Mart—I wrote in answer to it and got this letter: "103, Trafalgar Road, Greenwich,—In reply to yours the silk is 30 inches wide and 19 1/2 yards long, less the patterns that I have cut off to send away. It is perfect in every way. I have eight applications I am replying to by this post. I will send on receipt of the first P. O.O. We have been here twenty-three years. I enclose my husband's card, W. G. Girdler" (The card was "G. Girdler, Control Department, Inland Revenue, private address, 103, Trafalgar Road, Greenwich")—I send this post-office order for 3l. 12s., payable ten days after date—I never received any silk—the post-office order was ultimately stopped.
Cross-examined by MR. AVORY. I am sure this is the post-office order produced—it was stamped but not signed.
JOHN CHARLES SMITH . I am a newsagent and tobacconist, of 103, Trafalgar Road, East Greenwich—no person named Girdler ever lodged at my place—I do not know Carter personally—he called at my place for letters—I agreed to take in his letters for him—I subsequently gave the police inspector twelve letters so addressed.
FRANCES COPPLESTON . I live at Alfred Place, South Kensington—in March last I saw an advertisement in the Exchange and Mart for silk, and seeing the name of Foster, I wrote to C. Foster, 33, Bagshot Street, Walworth—I got this letter (This letter stated there were thirteen applicants for the silk, of which pattern was enclosed, and on receipt of post-office order the silk would be sent on the understanding that the money would be returned if not as described. It was signed "C. Foster" and also enclosed a card purporting to be the writer's father's card: "C. Foster, Sanitary Inspector, 33, Bagshot Street, Walworth.") In answer to that letter I sent a cheque on Child and Co., "Pay Mr. C. Foster the sum of 3l. 10s., March 7th, 1879"—I never had the silk.
Cross-examined. I received the letter the first week in March. John Hall. I am cashier at Messrs. Child's Bank—I produce Mrs. Coppleston's cheque—it was paid by my bank.
HENRY FRISBY . I am in the service of Mr. Cohen, of 240, Blackfriara Road, machinery broker—on 10th March a man came to my shop and bought some goods to the amount of 2l.—he tendered me the cheque produced on Child's Bank for 3l. 10s.; I paid it into the Central Bank, and gave 1l. 10s. to the man—I do not think it was either of the prisoners.
Cross-examined by MR. FULTON. I think Carter has worked with me. Edward Tiliorigin. I live at Egbaston, in Staffordshire—I advertised on 9th September in the Bazaar and Mart, and received this letter: "Dear Sir,—I should like you to Bend me your gold chain for 5l. on approval If really as you advertise, and a nice pattern I will have it If not approved I will return per post at once. I enclose my card and reference to London and County Bank. Yours H. Dagleish.") (The card was: "H. Dagleish,
27, Kennington Place, Kennington Park Road, Inland Revenue.") I sent in consequence of that letter my gold chain on approbation in a registered letter—I never got it back nor any money—I wrote about it, but got no reply—I wrote again, and this letter was returned through the dead letter office.
LOUISA TRIVES . I live at 27, Penton Place, Kennington Park Road—in September the prisoner Carter came to me, and gave his name as Dagleish—he took a room of me, and letters were received in the name of Dagleisb, also registered parcels—they were handed to him; once he sent a messenger for them, a stranger.
ROBERT BARR MITCHELL . I am in the Customs at Gorleston, Suffolk—about 30th August I saw an advertisement in the Bazaar and Mart for silk for sale—I wrote an answer, and received this reply (This purported to come from C. Gardner, 3, Crystal Terrace, Tanner's Bill, Deptford, enclosing patterns of silk, the property of a lady in reduced circumstances, which would be forwarded on the receipt of the first post-office order)—I sent a post-office order for 3l., and received a reply acknowledging its receipt—I never got the money back, or the silk—I wrote again to the address, and my letter was returned through the dead letter office.
JOHN HALL ASTED . I am a lieutenant-colonel in the army, living at Ipswich-my wife showed me this letter (This bore the same name and address as the last, enclosed pattern of silk, and stated that the silk itself would be forwarded on receipt of post-office order for 3l. 10s.)—I sent a post-office order for 7l. for two pieces to that address—I received an acknowledgment, but no silk—I wrote twice, and got no reply.
FREDERICA GRULL . I am a widow, of 4, Bulwer Street, Walworth—I used to live at 3, Crystal Terrace, Tanner's Hill, Deptford—I used to take in letters for a person called Miss Gardner—I gave her the letters—I do not know either of the prisoners.
MARY ANN MALYON . I live at Stamford Hill—on 2nd July I saw an advertisement in the Bazaar and Mart of some silk for sale—I wrote to the address given, namely, W. Williams, 8, James's Place, Nunhead Lane, Peckbam—I received a reply, enclosing sample of silk and a card—I sent a post-office for 2l. 15s., payable to W. Williams—I never received any silk—I sent a post-card, and also wrote letters—I never received any reply, nor the money back, nor the silk.
WILLIAM MAGGS . I am messenger to J. Hampton, near Chesterfield—on 22nd July I saw an advertisement in the Bazaar and Mart of silk for sale by W. Williams, of 8, James's Place, Nunhead Lane, Peckham—I wrote to that address, and received a reply, enclosing samples—I sent a post-office order for 2l. 15s., but never received any silk, although I wrote three letters asking about it.
JOSEPH FREDERICK TRAVALL . I live at 8, James's Place, Nunhead Lane, Peckham—Carter came and asked me to take in letters in the name of Williams—I agreed to take them in, and I delivered them to Carter—I gave some up afterwards to the police.
WILLIAM EATON BRASSEY . I live at Grove Park, Camberwell—Carter occupied a small portion of my premises until he was apprehended—he carried on the business of a bicycle manufacturer—I have seen him write—this letter (A) is in his handwriting.
and I Went to 293, Battersea Park Road—I saw the woman Stageman—she gave me several letters—I gave her certain instructions, and from what I afterwards heard I watched No. 2, Richmond Terrace, Clapham Junction—I also kept watch on a female who lived, there—on 30th September I saw the prisoner Walker join her in the Railway Subway at Clapham Junction—I followed them, and in Falcon Lone I said to Walker "Is your name Whitaker?"—he said "No, my name is Walker"—I said "I have a warrant for your apprehension in the name of Whitaker for defrauding Mr. Mumford of 5l. 5s. on the 1st May last; you most go with me to the station"—he refused to go, and said "Let me go, I must go home"—I compelled him to go with me; on the way he said "Will you allow me to go back and see Mr. Mumford and settle the matter"—I said "No"—he said "I have been made the dupe of another man"—I said "Who is the other man?"—he said "I don't know his name, but he is a short dark man"—I received from Stageman eight letters and one post-card, and among them these letters marked F, G, H (written by Clayton)—I also found many letters upon the prisoner—I produce some of them, signed Bell; they were ready to post—I apprehended Carter in St. Mary's, Stoke Newington—I said "Mr. Carter, I want you; do you know what for?"—he said "Yes, I have been keeping out of the way"—the inspector read the charge to him; it was for being concerned with one Whitaker or Walker in obtaining 5l. 5s.—he said "I have done as he told me"—I found on him this letter produced; it was addressed to Mrs. Douglas, 155, Champion Road, Peckham. (It stated that he had been employed in another part, and therefore could not go back to his lodgings.) I also found on him this cheque—I afterwards went to Mrs. Douglas, and found there a cheque-book and four memoranda books—in the cheque-book I found a counterfoil of a cheque for 25l. payable to Bell—I have ascertained that the prisoner was known by the name of Bell—I received these several letters produced from Mrs. Traval and Mrs. Maggs, addressed to Williams.
ANDREW LANSDOWNE (Inspector, Criminal Investigation Department). After the prisoner was apprehended I went to 103, Trafalgar Road, East Greenwich, and there saw the witness Smith, who gave me a bundle of letters—I did not find any person of the name of Girdler or Foster—I afterwards searched Carter's "works, "at Peckham Rye, and found these copies of the Bazaar and Mart (produced), with the advertisements ticked off in red ink, also four receipts for advertisements in that paper and the agreement (produced) (This, dated 28th June, 1879, was between Thomas Kyle, of 110, Minories, E.C., and C. Carter, Museum Works, Rye Lane, Peckham, and 'agreed to place 25l. each in the hands of S. Bell for the purpose of making a book on horseracing, and to divide the profits in three equal shares, one of the shares to be paid to Mr. Bell in lieu of salary) and Several other letters and memoranda—I heard Walker say at the Wandsworth Police-court that his name was Bell.
LUCY ANN CHISAM . I live at 17, Parkstone Road, Peckham—some time about the beginning of March the prisoner resided there—Carter also lived there, but he left, and afterwards came occasionally to see Walker—I knew Walker by the name of Seymour.
Cross-examined by MR. FULTON. I hold the keys for the other houses, including 3, Parkstone Road.
Battersea Station when Carter was brought by Badger—on the charge being read to the prisoner of being concerned with one Whitaker or Walker, then in custody, and obtaining 5l. 5s. from Mr. Mumford, he said "I did as he told me"—I said "Who do you mean by he?" that was when I mentioned the name of Walker—Walter or Whitaker, on being charged, said "I was the dupe of another man who gave me the order to sign"—I showed him the order, and asked him if that was his signature, and he said "Yes, it 1s."
CARTER received a good character.
WALKER— GUILTY .— Eighteen Months' Imprisonment.
CARTER— GUILTY .— Fifteen Months' Imprisonment.
MR. RAVEN Prosecuted.
SARAH ANN KNIGHT . I am the wife of Edmund Washington Knight, a clothier in Blackman Street—on Saturday night, 8th November, three people came into the shop; the female prisoner and Goldberg are two of them; I cannot swear to the other—Goldberg said "We want two overcoats, we want to see some cloth"—I showed them some—there was some conversation about it, and I reached some more large pieces down—they said they were much too dear—the conversation was carried on in English; they spoke English very well—they were in the shop about 10 minutes; they said they wanted an overcoat at about 30s.—I did not sell them one, nor any cloth, and they went out—my husband came in and said something to me, in consequence of which I searched for a piece of cloth which I had seen before these people came in—I had seen my husband reach it down before he went out, and it was lying on the counter when the prisoners came in; there was about 11 yards—the original quantity was marked 23 yards; it was worth about 4l.—next day, Sunday, I went to the police station and identified Leah Bloomenthal and Goldberg—they were placed with nine others, three of them women—I have not the slightest doubt about those two—I could not say whether Hyman Bloomenthal was the other man.
EDWARD CHARLES KNIGHT . I am son of the last witness—I was in the shop on this Saturday evening with my mother—she was not in the shop when the prisoners came in; I was there by myself—I called her into the shop directly the prisoners came in—I heard what they asked for, and I saw them go out—I had been in the shop about ten minutes before they came in—no one else had been in—I am sure of Leah and Goldberg; I am not sure about Hyman.
RICHARD STEPHENS (Police Sergeant M). I was in Blackman Street on this Saturday night with Detective Cox about 5.20—I saw Hyman Bloomenthal carrying this piece of cloth in this bag about 20 yards from the prosecutor's shop, going towards London Bridge—we followed him to High Street about 100 yards—I then said to him, "I am a police-officer; what are you carrying there?"—he at first pretended that he did not understand—I asked him again, and he said, "A piece of cloth"—I said, "Where are you going to take it?"—he said, "To London Bridge"—I said, "Where did you get it from?"—he said, "From a man in the street"—I said, "Do you know him?"—he said, "No, not by name"—I then said a second time, "Where are you going to take it to?"—he said, "To meet a man at the
corner of Mr. Gardener's, Whitechapel"—I said, "Don't you know the man at all?"—he said, "I have seen him before"—I said, "What street did the man give you this cloth in?"—he said, "I don't know, but the man was going into a shop to buy himself a shirt"—I then said, "I shall take you to the station, and you must explain to the inspector where you got the cloth from"—at the station he could not give any account, and was charged with having it in his possession, supposed to be stolen—this is the cloth and bag (produced)—about 11.30 p.m. Mr. Knight came to the station and identified the cloth—I went to the shop, and in consequence of what Mrs. Knight said I went next morning with Detective Cox to 27, Blossom's Row, Whitechapel—we first saw the landlady—Leah Bloomenthal came downstairs, and I asked her if her name was Bloomenthal; she said it was—I asked her to go back into her own apartment, as we had something to tell her—we followed her up to the second-floor front—I there saw Goldberg in the same room, and from the description I had received I saw they were the two people we wanted—I said to them, "We are police-officers, and shall arrest you for being concerned along with your husband, Hyman Bloomenthal, in stealing a roll of cloth"—they pretended that they could not understand anything—I took Goldberg, and Cox took Leah Bloomenthal to the station—they were there placed between others, and Mrs. Knight came and pointed them out—Hyman Bloomenthal was brought out of the cell, and the three prisoners were placed together, and Hyman was then charged with stealing the cloth—Goldberg said, "I was in the shop and the woman was in the shop"—he spoke in broken English; I could understand him, but I could not understand the woman—Hyman Bloomenthal said he did not. steal it—Goldberg said, "They wanted 50s. for the coat, and I could not pay as much money; I only earn 24s. a week"—I found two keys on Hyman Bloomenthal, one of which opened the latch of the front door of 27, Blossom's Row, and the other the door of the room—I also found on him 2 1/2 d. in money.
SARAH SANDS . I am the landlady of 27, Blossom's Row—the three prisoners were lodging there—they had one room between the three—a niece of the prisoner's, who is now in the workhouse, gave me some pawn-tickets—I gave them to the constables.
Hyman Bloomenthal's Defence. Goldberg's and my wife went in search of a coat, and I went after my wife; as I could not find them I was going back home, when some one called me, and asked me to carry a parcel; the man left me to go into a shop, and said he would catch me up, but the police officers stopped me.
Leah Bloomenthal's Defence. I did not take the cloth.
Goldberg's Defence. I wanted to buy a coat, and met a man who told me I could buy a good one at Mr. Knight's. When I entered the shop Mr. Knight's son and a stranger were there. I asked the stranger to ask Mrs. Knight for an overcoat; he did so, and told me the price was 2l. 15s. I could not pay more than 30s. The stranger said he could not wait, but would return in a quarter of an hour. He did not come back, although I went hack to the shop, and next morning the detectives came.
HYMAN BLOOMENTHAL— GUILTY of receiving. — Twelve Months' Imprisonment.
LEAH BLOOMENTHAL— GUILTY of stealing. Nine Months' Imprisonment.
GOLDBERG— GUILTY of stealing. — Twelve Months' Imprisonment. (There were two other indictments against the prisoners for like offences.)
THOMAS FRANCIS MADDAMS . I live at 70, King and Queen Street, Walworth, and am a general dealer—on Saturday night, Oct. 18, about 9.45, I was in St. George's Road going home, when the prisoner Smith knocked me down; he caught me under the leg with his hand, and I fell, and he fell on the top of me; he threw himself across my stomach, kneeling, tore open my buttons, and snatched my watch and chain while Nickless held my hands—I was hurt on my back—I did not know then that they had taken anything else—after taking my watch they ran away—I got up and ran after them; I saw them running—I saw three private policemen and a constable; they spoke to me, and I complained to them, and they joined me, and we all ran after the prisoners—I caught sight of them; the private policemen caught one by Bedlam, about twelve yards from where I was knocked down—I am sure the prisoners are the men—when I got home I found that I had lost my purse and card-case; the purse contained two shillings and a threepenny piece—they were in my right-hand trowsers pocket—these (produced) are my puree and card-case—I was very much hurt, and felt very great pain across my stomach—I did not go to a doctor; I only took medicine at home—I do not feel the effects now; I did not feel any pain in my back till the next morning—it lasted about twelve days.
HENRY GEORGE (Police Sergeant L). On Saturday, 18th October, about 7.30 p.m., I was in the London Road in plain clothes, about five minutes' walk from St. George's Road; Detectives Hunt and Chamberlain called me; I saw the two prisoners and another man, and watched them—they kept pushing about in the crowd—there were a great many persons about going to market—they went to Newington Causeway, crossed over down the New Kent Road, came back again, and went into a public-house—after waiting an hour I saw them come out and go down the London Road again—we watched them there till about a quarter to 10—they went into several public-houses; I followed them into St. George's Road, where I saw the prosecutor—the two prisoners and the other man all ran up to him; there were not many people about then; they knocked him down—I could not see who knocked him down, but they all hustled round him, and I saw him fall on the ground—I could not see exactly what they did when he fell—they ran away and doubled back into the Lambeth Road—I ran after Nickless and caught him—I did not lose sight of him—I said "I shall take you into custody for robbing a man"—he said "You have made a mistake"—the prosecutor staggered across the road, and called out "I have lost my watch—his face was smothered with blood—Smith was brought up by this time, and the charge was made—we took them to the station—we had to assist the prosecutor there—he charged them both—I then went back, and in the Lambeth Road, just out of the St. George's Road, where they had doubled back, and where they were apprehended, I found this purse in the gutter, containing a 2s. piece and a 3d., piece, and this key and card-case.
JAMES CHAMBERLAIN (Detective L). I was with George and Hunt, and with them followed the prisoners—I saw them first in the London Road, about half-past 7, and afterwards in St. George's Road about a quarter to 10—we had been following them daring that interval—I saw them and another man knock the prosecutor down; one of them went before him, and one followed, and ran up and seized him—we ail ran across the road, and they ran away—I pursued Smith to Lambeth Road, and took him into custody—we had a violent struggle; he threw me to the ground, cut the sleeve of my coat right open, and made his escape and ran into the arms of Detective Hunt, who stopped him—three detectives came behind the prisoners—I had a stick, and while we were struggling I hit him on the head with it.
JOSEPH HUNT (Policeman L 227). I was with the other detectives on this night, and saw the two prisoners and a third man about half-past 7—we followed them till about a quarter to 10, when I saw them in St. George's Road—they surrounded the prosecutor, hustled him, knocked him down, and ran away—I ran after Smith; I did not lose sight of him at all—I saw him stopped by Chamberlain, he threw Chamberlain on the ground and got away, and I apprehended him—he said "I am after the man that stole the watch" that was after he had knocked Chamberlain down—I was present when the purse and card-case were found in the gutter—that was after we had taken Smith to the station; they were lying about 2 yards from where I apprehended Smith.
MARY ANN LITTLE . I am the prosecutor's mother—I have been married again—I saw the prosecutor on the 18th, when he came home—he was smothered with mud, and his hands and face covered with blood—he has had pain across his stomach; I have nursed him up—he complained of pain for several days, and has been in a nasty nervous way—he is very delicate; he has been very queer since, as if he was shaken—he is naturally nervous; he was very bad all this morning, with pains across his stomach—he has been deaf ever since; he was not deaf before—he complained that his back was stiff for a day or two after.
Smith's Statement before the Magistrate. "I left off work at 7 p.m. and went for a walk, and my friend and I had a pint of stout-and mild at the Raglan and went down the New Kent Road, and returned and went into the Duke of Clarence and had two pots of beer. We went up the length of the road and four detectives came behind us with sticks. One of them said 'We want you for knocking a man down and robbing him;' we had a struggle, and they hit me on the head and locked me up."
The prisoners in their defence stated that they had been for a walk together and were taken by the police.
GUILTY. SMITH also PLEADED GUILTY to a previous conviction in July, 1878, at Guildford.**— Five Years' Penal Servitude and twenty strokes with the cat. NICKLESS.**— Eighteen Months' Imprisonment.
s MR. FOSTER REID Prosecuted; MR. CARROLL Defended.
HENRY WILLING . I live at 45, Cherry Gardens, Bermondsey—I am a carman—on the evening of the 5th of October I was outside the Prince of Orange public-house, Jamaica Road, Rotherhithe—I observed a scramble
—I went down to see what was the matter—I was stabbed in the shoulder—I did not see by whom—my coat and waistcoat were take off—there was a pool of blood in the sleeve of my shirt—I afterwards went to the station and was examined by a doctor—the wound is not well yet but is still strapped up—I did not do anything to the prisoner; I had not seen him, and I did not see him strike me.
ROBERT CASTE . I was with the last witness in Orange Place on 5th October—two young ladies complained to me—I saw two foreigners, the prisoner is one—I walked towards the prisoner; I said "There is no thoroughfare down this street; do you want to know the way to the Commercial Docks?" and I directed him to them—he said he would a down the turning, and he pushed me and struck me in the mouth—the turning is at the side of the Prince of Orange public-house—then the other foreigner hit me in the ear, knocked me down, and kicked me—the prisoner was then on the other side of the road—the prosecutor came walking down the turning—when I was on the ground the prisoner ran after him and struck him on the shoulder—the prosecutor bad not said anything then, but afterwards he made a complaint to me and I took of his coat—I saw blood running down his side—I left him in charge of Joseph Harvey until I went for a policeman—I am quite sure the prisoner is the man who struck the prosecutor—I was standing up when the blow was struck.
Cross-examined. I do not know the two ladies I mentioned—they said two foreigners had said something to them and they ran away, and that the foreigners ran after them—I was then alone—the prosecutor was at the top of the street—the other man had nothing in his hand when he struck me—no other man was taken into custody.
THOMAS PATRICK . I live at 22, Reculver Road, Rotherhithe—on the 5th October two females complained to me—I was with Caste—I saw two foreigners, the prisoner was one—I saw something shining in his hand while I was trying to get Caste away—I saw the prisoner strike Willing—he seemed to aim at his shoulder—I was not near enough to see whether he had a knife then—I am positive it was the prisoner who struck Willing—there was sufficient light for me to see that.
JOSEPH HARVEY . I live at Rotherhithe—I remember being at the Prinee of Orange on 5th October, just before 11 o'clock p.m., with Henry Willing—I followed him a little way, but did not see him struck—he came back to me and said "My collar bone is broken"—I saw the prisoner near Willing, but no one else.
Cross-examined. Willing was not in the row—I went with him as far as China Hall, and he took off his coat there.
CHARLES DUTTY (Policeman R 323). I was called by Caste, who recognised the prisoner—another man was with the prisoner, who has since been discharged—I said "I shall take you to the station for stabbing a young man in the Deptford Lower Road—I did not think he understood me—he came for some distance and made a reply in German—then he pointed to a ship and said "That ship belongs to the same country as I do, and I shan't go any farther"—I tried to persuade him to go—he commenced halloaing in his own language when 14 or 15 men came off the ship and rescued him—another man I took into custody for rescuing him from my custody was convicted at the Greenwich Police-court—I afterwards obtained assistance
and went to the ship, but could not find the prisoner that night although I searched the vessel—the next morning I went with Inspector Bannister and saw the prisoner at work on the same ship, the Flyshire, with a lot more men—I took him into custody again—Inspector Bannister told him the charge in German—I took him to Greenwich Police-court, where he was put in the waiting-room with 10 or 12 other men, and the witnesses were taken in one by one and they all identified the prisoner—I found this knife (produced) in one of his trowsers pockets.
Cross-examined. I took another German seaman into custody—I found a similar knife on him—he was discharged—I gave him back his knife, Benjamin Browning. I am a surgeon at Rotherhithe—I was called on the night of the 5th October to see Willing—I examined him; I found him suffering from a severe wound at the top of the right shoulder immediately behind the collar bone, extending directly downwards—my left finger could reach the blade bone, which was cut through, and there was evidence of a wound on the lung—the wound was 4 inches deep, and an inch broad; it went directly behind the collar bone downwards—I was nearly an hour endeavouring to stop the bleeding, and I am within the mark when I say there was between one and two pints of blood—I had him removed to the hospital—the wound must have been done by some sharp instrument—this knife was handed to me in the police-court—it would inflict such a wound as this—usually the wound is smaller than the instrument which inflicts it, but I was struck at the time with the width of this wound, and I said before I saw this knife that it had been done with a broad knife—I examined the knife; it was covered with stains, some of which I retained for a chemical and microscopical examination—they are partly blood and partly rust.
Cross-examined. A similar knife would of course have inflicted such a wound—I had the knife eight or nine days—in my examination the first thing I did was to scrape off the stains, and touch it with a little ether to confirm what I supposed to be the case from the appearance of the knife, that there was grease on it—some portion of the stains dissolved in the ether, and another portion remained—I took a corresponding portion, and placed it on a hollow microscopic slide with a little distilled water—the stain was of a reddish colour, and the colour was not altered; had it been due to vegetable dyes there would have been an alteration, and if due to rust there would have been a little deepening of the colour—if it had cut raw meat there would have been evidence of blood on the knife—I tested the stains also with tests with a like result.
Re-examined. I am satisfied there was the blood of a mammal on the knife.
GUILTY .— Five Years' Penal Servitude.
MR. MILLWOOD Prosecuted.
WILLIAM CRASTER MOWBRAY . I am an engineer, of Victoria Road, Deptford—on Saturday, 11th October last, about 2.5 p.m., I drove up to the Derwent Arms, Glengall Road, Peckham—I went inside the house, leaving the horse and cart in charge of a man named Barnet, who came
up with me—I was there about 20 minutes, and when I came out the horse and cart were gone—somebody had called Barnet into the house soon after I went in, leaving no one in change of it—I looked up and down the road, but there is a bend in it, and I just saw the head of the horse going round the bend enough to recognise it—the prisoner was leading it—I sent Barnet after it, and I followed—the prisoner ran away—I and Barnet jumped up in the cart, and we pulled up at the first public-house to see if he were there—he Was in the front bar—I called him out and said "I want you, my man; what were you going to do with my pony and trap if you had got away with it?"—he said "I was going to take it to the greenyard; it has been standing outside four hours"—I said "You are a pretty body to take anything to the greenyard; who authorised you to take things to the greenyard?"—I took hold of him, and said "I don't believe your tale; I shall take you there first"—he said "Do not take me there, let me go"—I said "No, I shall take you there"—he began to scuffle—I took hold of the sleeve of his coat and then let go of him and said, "I can run as fast as you, and you will not get out of my sight; you are just as safe out of my hands as you are in"—he ran away over the bridge, and I followed him for about 20 minutes—he ran up one street and down another—Barnet was with me when we got to one street—he said "If you follow me down here I will make it warm for you," and three men and a woman dropped on to us—I don't know the name of the street—there was such a row—the prisoner then bolted round the corner into Camden street, and hid himself in a front court—a constable came up, and I gave him into custody.
JOHN FITZGIBBON (Police Sergeant P). On 11th October the prisoner was given in charge by the last witness for stealing a horse and cart—I told him the charge; he said nothing at the time, but on the way to the station he said, "I have been made the victim of a practical joke; a man a perfect stranger to me, whom I shall not know again, told me to take the nosebag off and bring the horse and cart to him at the Waterman's Arms; I did so, and as I was going along I saw the man coming after me, so I ran away as I knew it was a serious charge against me"—at the station he gave the name and address of King, Praed Street, Liverpool—I said, "When did you come from Liverpool?"—he said, "This morning"—I said, "By what line?"—he said, "The London, Chatham, and Dover."
Prisoner's Defence. I had only come out of prison that morning, and I went down to Peckham, where I had my lodgings. The people had gone from my lodgings, and I went over to this public-house to see where they had gone to, and I was asked by a man to take this horse and cart down to the public-house, and the man came and asked where I was taking it to, and I told him, and he took it away from me. I went down to the public-house and they both came there. If I had wanted to steal it I should have jumped in and driven it away. I have been laid up nine months with a diseased heart and congestion of the lungs, and I am sure I can't run. You can have the doctor's evidence; I was in the infirmary the whole of the nine months, and I am under the doctor's hands now. I am innocent.
GUILTY . He PLEADED GUILTY to a previous conviction on 13th January, 1879.— Two Years' Imprisonment.