CENTRAL CRIMINAL COURT
SEVENTH SESSION, HELD APRIL 26TH, 1880.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSIONS VII. TO XII.
STEVENS & SONS, 119, CHANCERY LANE, E.C.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, April 26th, 1880, and following days,
Including certain cases committed to this Court under order in Council, pursuant to the Spring Assizes Act of 1879,
BEFORE THE RIGHT HON. SIR FRANCIS WYATT TRUSCOTT , Knt., LORD MAYOR of the City of London; The Right Hon. Sir JAMES ALEXANDER COCKBURN , Knt., Lord Chief Justice of the Queen's Bench Division of the High Court of Justice; The Hon. Sir ROBERT GROVE , Knt., one of the Justices of the Common Fleas Division of the High Court of Justice; The Hon. Sir CHARLES POLLOCK , Knt., one of the Barons of the Exchequer Division of the High Court of Justice; THOMAS QUESTED FINNIS, Esq., and Sir ROBERT WALTER GARDEN , Knt., M.F., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; JAMES FIGGINS , Esq., Henry Edmund Knight, Esq., SIMEON CHARLES HADLEY , Esq., JOHN STAPLES , Esq., and EDGAR BREFFIT, Esq., other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Q.C., D.C.L., Common Serjeant of the said City; and Robert Malcolm Kerr, Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
HENRY KELLY BAYLEY, Esq.,
HENRY HOMEWOOD CRAWFORD, Esq.,
CENTRAL CRIMINAL COURT.
TRUSCOTT, MAYOR. SEVENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, April 26th, 1880.
Before Mr. Recorder.
MESSRS. MONTAGUE WILLIAMS and PURCELL Prosecuted; MESSRS. BHSLHY and WARNER SLEIGH Defended.
CHARLES HENRY BARNES . I was a clerk in the Rule Office of the Queen's Bench—I produce a record of the trial of Wadsworth v. Lawrence, also a writ and several affidavits. (These were affidavits of claim by Wadsworth, and of reply by the defendant.) MR. GOATLBY, solicitory proved administering the oath to the defendant on the affidavit.
GEORGE EDWIN SAUNDERS . I am a short-hand writer of 92, Alderney Street, Pimlico—on 15th December I attended the trial of Russell William Wadsworth against William Lawrence, in the Exchequer division of the High Court of Justice, before Sir James Eitzjames Stephen—I took notes of the defendant's evidence—I saw him sworn—I product my original notes. (The transcript was put in and read. The portions upon which the perjury was assigned, were that he denied that his name was Levy, or being a brother of Daniel Levy; that he had paid 5l. on account of his debt, and that the prosecutor had given him six months' credit.
WILLIAM HENRY SYMONS . I live at 32, Gillingham Street, Pimlico, and am manager to Mr. Wadsworth—in January, 1879, I was in the back office at his place of business, 39, Lower Belgrave Street; to the best of my knowledge Mr. Wadsworth, senior, was there also—the defendant and a gentleman named Copsey came into the front office—they then came into the back office—Mr. Copsey said that he had been recommended by a friend; the manager to Mr. Overton, that his friend wanted some work done at a shop he had taken in the Wilton Road, one of the new shops of Pete's—I asked what they required to have done—he began to explain, and I said I had better come and see it, and I arranged with him to go next morning—he asked Mr. Wadsworth, senior, and I to go out and have some refreshment, which we did, at the Prince of Wales public-house—next day I went with Mr. Watts, the foreman of carpenters, and Mr. Howard, the foreman of
painters, and saw Mr. Lawrence and Mr. Copsey at the shop in Wilton Road—nothing had been said in our office or in the public-house about six months' credit—it is not true that Copsey said "He can't pay cash for it, he will require six months' credit;" nor did I say "That will be all right, let us see what he wants done"—I never heard of the six months' credit until I heard it in the affidavit in the action—at the shop Copsey and Lawrence were there, and then gave orders for a small quantity of work to be done—it was commenced on the following day; that portion of the work was speedily completed, but there were fresh orders given almost daily, which increased the quantity of work, and lasted till about the 12th of March; after that the defendant occupied the premises—I made frequent applications to him for money—I got 5l. on one occasion from a fair young man named Day, who was in the defendant's service; it was left by him for me, for Mr. Wadsworth—I did not borrow it on Mr. Wadsworth's account, or on my own—I signed a document when I got it, "Received of Mr. Lawrence, the sum of 5l. on account," I signed it, it was written by Mr. Lawrence, at least it corresponded with the handwriting of a bill of exchange which I got subsequently—it is not true that I said I had borrowed 5l. of a friend to pay the workmen, and that I wanted the 5l. to pay my friend back—it is not true that the defendant handed me the 5l., or that he said "I don't know why you want 5l., considering my credit has not expired;" he was not there—I did not say "I shall not look upon it as a payment on account of work done, but I want to pay back to a friend the money which I have borrowed"—I called again on the following Saturday, saw the defendant, and asked him for money—he said he had had so much to pay for furniture for his house and shop and one thing or another, that he could not pay me just then; he must ask Mr. Wadsworth to wait a little—he sent his young man into the City to see what he could get for me if I would call a little later—I did call later, and the young man came back while I was there and said he had not succeeded in getting any—on 3rd May I made out a bill amounting to 120l. 11s. 3d., and delivered it to the defendant and asked for payment—he said if I would call on the following day he would give me a bill for a portion—I did call, and he wrote out this bill of exchange for 40l.—I asked him to make it 50l.—his wife was present and said "Be careful, don't make it for more than you can meet"—I made several applications for payment—I believe the first application for money was some little time before the work was finished—on 29th May, in consequence of directions from Mr. Wadsworth, I went to. Messrs. Micklethwaite and Co., solicitors, 3, Long Acre, and made inquiries about the defendant—I communicated the result of those inquiries to Mr. Wadsworth—I did not at that time know that the prisoner had ever borne the name of Levy, or that he had a brother in Messrs. Micklethwaite's office.
Cross-examined. I have been employed by Mr. Wadsworth, jun., five or six years—I have frequently lent him money for wages when he has been out of town, and I believe I have borrowed money from a friend to pay wages—I was present at a trial at Kingston in which Mr. Wadsworth lost the verdict and became liable to pay 250l.—it was a case of Ford and another against Wadsworth, and Dunn, and another against Wadsworth—I had nothing to say in it—I don't know whether 200l. ought to have been paid on 19th February—on that day Mr. Wadsworth filed a liquidation petition, and I was returned as a creditor for 24l. for wages and 20l. for
money lent—when I first saw Mr. Copsey he told me the shop was one of the new shops of Peto's—I did not see a Mr. Coles there—Mr. Wadsworth, sen., was present—I believe so; I will not swear positively—Copsey did not mention at the first interview that the shop was to be fitted up as a tobacconist's—the first order was to put a partition across the shop and to put up certain shelves—no bill was made out till the 3rd of May—it was not only for work at the shop, but the whole of the house from top to bottom was done eventually—there were five floors, three above the ground—I floor—Day generally attended at the shop—the defendant held a situation as an accountant—he had recently been married—on Saturday, 29th March, when I called I saw Day—I might have said that I was short of money for wages, as Mr. Wadsworth had not come to town—it is quite possible that Day may have said that he would inform Mr. Lawrence, and that I said I would look in again—I do not recollect the conversation—I don't remember going again the same day, and Day saying that Mr. Lawrence had not come in—I believe I got the 5l. on the Monday; my impression originally was that I got it on the Saturday—the defendant did not say to me in Day's presence, "I can't understand why you should be asking me for the money now, when the six months' credit has not nearly expired"—I did not then say I had run short of money for wages in Mr. Wadsworth's absence, and I had to borrow 5l. from a friend, which I was bound to repay that day—the 20l. I lent Mr. Wadsworth was in a lump sum; that was quite independent of the little sums I lent him for paying wages—he always paid me that back; they were generally squared the next week when he came to town—the defendant never complained to me of the charges being very high.
Re-examined. The charges were fair-and reasonable—it was soon after the work was commenced that he told me he was going to be married—it was when I asked him for money on account—he said he was going to marry a person with plenty of money, and he should be able to settle then—the two actions at Kingston were interpleader actions, Mr. Wadsworth having seized certain goods which had been removed from the defendant's premises; Ford and Dunn claimed them, and brought the action—Mrs. Dunn, I believe, is a widow lodging in his house, and Ford is his wife's father.
CHRISTOPHER WADSWORTH . I live with my son the prosecutor at Walton—on-the-Hill—I am 69 years of age—I assist my son in his business—in January, 1879, I remember being in the back part of the premises at 39, Lower Belgrave Street with Symons when Copsey and Lawrence came in, I was sitting down writing—Copsey said, "We are recommended by Mr. Overton's foreman, and want a little job done in Wilton Road"—Symons said he would see to its being done, he should like to see the job first—they then asked Symons to go and take a glass of ale, and asked me to go with them, and we went to the Prince of Wales in Ebury Street—nothing was said about six months' credit in my presence; it could not have been said without my hearing it—I first heard of it after the action was brought—before the work was finished I went to the defendant's place of business to get some money on account—I did not get any—I went after the work was finished, but never saw Lawrence.
Cross-examined. I was examined before the Magistrate when Lawrence was there on the charge of perjury—I was not sitting in the public-house when I first saw Lawrence—I cannot fix the day when I saw him at the
shop—I was returned as a creditor of my son's for 21l. 10s. 10d. for wages—I have been out of business for some time—I have not a good memory.
RUSSELL WILLIAM WADSWORTH . I am the prosecutor—early in last year Symons had some conversation with me about some work in Wilton Road—I went there after the work was commenced; I saw the defendant—I generally went to see how the work was getting on—I asked him for some money on account—he said on one occasion that he would let me have some on the Saturday—I gave Symons directions to call on the Saturday, and on the Monday he told me he had received 5l.—I dare say I saw the defendant a good many times after that—I told him I thought 5l. was a very small amount—he said he would see what he could do shortly, that he was coming into some funds shortly, he was going to be married—that was about March, I think—I saw him after that half a dozen times or more, and asked him for money—I afterwards received this 40l. bill from Symons—I saw the defendant after that, and asked him for more money, and he said he would accept another bill for 60l.—I said I was quite willing if he would give me some suitable reference—he gave me Micklethwaite, of Long Acre—in consequence of that I gave Symons certain instructions—I did not go myself to Long Acre—I did not take the 60l. bill; I did not draw on him—I never agreed to give him six months' credit; he never said that he had six months' credit; nothing was said about it.
Cross-examined. I have seen Day at the shop once or twice—the de-fendant said he thought my bill of 127l. was rather warm—I did not see him at all about the 40l. bill; I left it to Symons—I did not go to him about the 5l.—I saw him a few days before, and he said he would let me have some money on the Saturday—I am not aware that any one was present when he said that—I have liquidated for 2,000l.—I believe I filed my petition on the day that the amounts in the two actions were taxed—I believe my property will not pay 10s. in the pound—I was not particularly pressed in the early part of 1879—Mr. Ford, the prisoner's father-in-law, was the defendant in one action; he was a trustee of the defendant's wife—Daniel Levy was the other trustee.
ALFRED EDWARD EDKINS . I live at 2, Church Street, Soho, and am in the employment of Mr. Dobbinson, a carman—on Whit Monday, 1879, I went to 57, Wilton Road, with a van—I saw the defendant there—he gave me directions to remove all the furniture, and I took it all away; nothing was left but the shop fittings and fixtures and two or three pianos—the defendant saw what I removed.
Cross-examined. I was there from 8 to 10 o'clock in the morning, and took one load of furniture—I never touched any article in the shop.
HENRY HORN . I am a licensed broker, in Soho—on 20th July I levied I on the goods of the defendant, at 67, Wilton Street—the shop was up to J let, and bills were posted up to that effect—I did not see any papers or I books or receipts in the shop, only some bills—the defendant did not come I in while I was there.
Cross-examined. I did not see a file of papers—the shop was shut up—I I had a warrant for a quarter's rent, 25l. due at Midsummer—I got into I the house under the pretence of looking over it there was about six rooms, I including the basement; four rooms above the shop—I put a man in I possession, and left him there—he was allowed to light fires; he was obliged to keep himself warm—we made an inventory on the day we I
levied—I saw some billheads on the floor—there were some letter-racks, but they were empty—there were no files.
WILLIAM OSBORN . I am a broker's man, in the employ of Mr. Horn—I went into possession for seven days—there were no goods there, only fixtures; no papers but loose papers, billheads, wrappers, and so on—there were files, but no papers on them—I saw no receipts or papers lying about.
Cross-examined. I had a friend to see me while I was there every day.
WILLIAM TAYLOR (Police Sergeant B). On 22nd January I took the defendant into custody at the Victoria Station on a warrant for perjury—he became very much excited, and said he thought it was very hard that he should be taken on a warrant, as a summons would have met the ease, and he wished me to allow him to see his employer, an accountant, in Victoria Street—on the way to the station he said "As to the perjury, I know what they are driving at; I said no more than any other young fellow might do"—he said "I want to send to my brother"—he did not mention the name.
Cross-examined. The warrant against him was as William Lawrence—I did not know him at all—I had not been told that he was the son of Edward Lawrence Levy—I did not know it.
MR. BESLEY submitted—1. That as to the allegation of perjury, that was explained away by the defendants subsequent statement; 2. Thai the state-ment as to the loss of the receipt was irrelevant; 3. As to the six months' credit, it only depended upon the evidence of one witness; and 4. The same objection applied to the alleged payment of the 5l. The Recorder was of opinion that the only two questions for the Jury were as to the six months' credit and the payment of the 5l. on account, and upon these the Jury, stating they were satisfied, found the prisoner.
NOT GUILTY .
NEW COURT.—Monday, April 26th, 1880.
Before Mr. Common Serjeant.
354. JOHN WOODS (18) to stealing while employed in the Post-office a letter containing a sovereign, the property of Her Majesty's Postmaster General—(His stepfather promised to send him to New Zealand.)— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MESSRS. CRAUFURD and LLOYD, Prosecuted.
HARRIET STAINES . I am employed at the City of London public-house, Berwick Street, Soho—on 19th March, about 7.30 p.m., I served the prisoner with half a pint of ale and half an ounce of tobacco; he gave me a florin, I gave him 1s. 9d. change and he left—I put the florin in a till where there were only farthings, and about a quarter of an hour afterwards Miss Porter took it out and gave it to her father, who showed it to me; I
saw that it was bad and he kept it—the prisoner came again next day for. half a pint of ale; I recognised him—Mr. Porter was in the bar and took up a half-crown which the prisoner put down.
Cross-examined by the Prisoner. I recognised you by your handkerchief and by your voice and appearance—who have four tills, but there were only farthings in that till.
Re-examined. I had taken no other money after putting the florin in the till.
AGNES PORTER . On 19th March I took a bad florin from the till about 8 o'clock—there were only farthings there; we always put the large coin with the farthings—there was no other florin in that compartment—I gave it to my father and saw him show it to Harriet Staines.
JOHN CHARLES PORTER . I keep the City of London public-house, Berwick Street, St. James's—on the evening of 19th March my daughter brought me this florin, as we had taken one the day before; I found it was bad and kept it by itself—the prisoner came again about 8.30 next night—I saw Harriet Staines serve him—I bent it in the tester and said "What do you call this?"—he said "Half-a-crown"—I said "Have you any more?"—he said "I hope not"—I gave him in charge with the coins.
ALEXANDER HURN MABBS . I am a post-office clerk at 12, Parliament Street—on 19th March, about 7.15, I served the prisoner with half-a-crown's Worth of postage stamps—he put down a florin and a shilling—the florin was rather dull and I did not put it in the till but kept it by itself, and afterwards found it was bad and informed the police—the prisoner came again next day, about 7.45 p.m.—my fellow-clerk, Jones, served him, but I recognised him—I picked him out from several others at Marlborough Street on the following Thursday.
Cross-examined. I did not say before the Magistrate that I had put the florin into the till.
EVAN SAMUEL JONES . I am a clerk in the Post-office, 12, Parliament Street—on 20th March, about 7.40 p.m., the prisoner came in for 3s. worth of postage stamps, and put down a shilling and a half-crown, which had a leaden appearance—I said "That is a bad one"—he said that he had not another coin with him—he took one shilling's worth of stamps and left—on the following Thursday I picked him out from several others at the police-office—I rang the coin, and it sounded sharper than an ordinary one.
Cross-examined. I am not sure it was bad, but I thought so—I rang it on the counter, but did not try it in any other way—I passed it back to you.
Re-examined. I still think it was bad—I told him it was bad, and he took it quickly, but said nothing.
WILLIAM WEBSTER . I am employed by the Mint—these three coins are bad, and the two florins are from the same mould—it is very difficult to tell a bad coin by the sound, but a false one will not rise, a good one will; a good coin will give a sharp sound.
E. S. JONES (Re-examined); The coin rose from the counter, but not very high.
The Prisoner's Statement before the Magistrate. "It is true I went into the house on Saturday, and asked for ale and a pennyworth of tobacco; that is all I know about it."
Prisoner's Defence. Do you think for a moment if I had gone into that post-office for stamps on Friday with bad coin they would have given a bad coin back to me on Saturday? I know no more about going there on Friday than you do. I did not know that the half-crown I passed at the public-house on Saturday was bad.
GUILTY **— Two Years' Imprisonment.
DAVID CLINE . I am a tobacconist of 46, Carnaby Street—on 31st March I served the prisoner with a half-ounce of tobacco—he put down a half-crown—I gave him the change, and he left—I put it in a drawer where there was about 25s. in shillings and florins and three half-crowns, this made the fourth—on 2nd April he came again and tendered a half-crown for a half-ounce of tobacco—I handed it to Mr. Dowling, the landlord, in the prisoner's presence, who put it to his mouth and said that it was bad—I told the prisoner that he was there yesterday—he said "No, it was the day before yesterday"—that was the fact—I said that he gave me a half-crown then—he said "Yes"—I gave him in charge—I had given a customer change for a half-sovereign on 2nd April, and took the three half-crowns from the drawer and 2s. 3d. besides—he bought a cigar—he looked at the half-crowns before he left the shop and said "They are bad ones"—I showed him a fourth half-crown, and then gave the four half-crowns to my boy, William Cline, to take to my landlord, Mr. Dowling, who took them to the station, and then brought them back to me, and I laid them in a drawer—the prisoner then came in, and I showed him the four coins—he said "You can only fix me for two"—I gave the four half-crowns to the constable at the police-court—I had seen the prisoner at my place several times before 31st March—the four half-crowns remained untouched from 31st March to 2nd April—I put them aside to pay a tobacco bill—I know they are the same—there are five altogether.
Cross-examined. I said that a boy brought me some, and another boy in a brown coat brought me some—I should know him if I saw him.
WILLIAM DOWLING . I am the landlord of 46, Carnaby Street—on 2nd April William Cline brought me four half-crowns—I examined them and found them bad—I went to the shop and saw Mr. Cline, and showed them to him—he put them in a drawer—I was in the shop on Wednesday afternoon talking to Mr. Cline, when the prisoner came in and called for a half-ounce of tobacco, and threw down a half-crown—Mr. Cline took it up I examined it, pronounced it bad, locked the door, gave Mr. Cline the key, and went out at the back door and got a policeman—I then said to the prisoner "You have been the man who has been passing a lot of bad half-crowns"—he said "Well, they can only have me for two"—Mr. Cline gave me this half-crown to look at, and I gave it back to him—these are the four the boy showed me.
HENRY NEVILLE (Policeman C 30). Mr. Cline gave the prisoner into my charge on 2nd April, and handed me a half-crown—he said "Yes, I gave it to him, but I did not know it was bad"—Mr. Cline said that the prisoner had been there on the previous Wednesday—he said "Yes, I acknowledge I was here on Wednesday and gave him a half-crown; I did not know it was bad"—I said "You have passed several bad half-crowns there"—he said "You can only fix me for two"—I found a penny on him—he said that he received them for carrying a pedlar's pack—he refused his address.
Prisoner's Defence. The smooth one is the one I gave on Friday. I was in Regent Circus and saw a traveller get off an omnibus with two parcels strapped together. I carried his parcels till four o'clock, and he gave me the smooth half-crown and a tea cake, and told me to meet him next morning. I then went to the prosecutor's shop and got some tobacco and changed the half-crown. On Friday morning I met the traveller in Regent Circus, and went with him. He gave me another half-crown and told me to meet him the next morning, but I could not, as I was locked up. I went to the prosecutor's shop for a half-ounce of tobacco, and gave him the half-crown. He showed it to a man in the shop, who pronounced it bad. Do you think if I knew that the half-crown I took there on Wednesday was bad I should have admitted being there on the Wednesday?
NOT GUILTY .
MESSRS. CRAUFURD and LLOYD Prosecuted.
LIZZIE LANE . I am barmaid at the Angel Tavern, Warwick Street, Regent Street—on 19th December I served the prisoner with some gin—he gave me a half-crown—I put it to my teeth, bent it, and told him it was bad—I showed it to Mr. Little, the landlord, who is now in Devonshire—the prisoner was given in custody, remanded, and discharged—the half-crown was dull, and very light; it bent easily.
Cross-examined. You did not attempt to move from the shop when I said that it was bad—you offered to be searched.
GEORGE COX (Policeman O 24). I took the prisoner, searched him, and found on him two sixpences, a threepenny piece, and four pence—he was remanded and discharged—I received a bad half-crown from Mr. Little; it was very light, and a bad colour—I handed it to Inspector Layling; it was produced before the Magistrate, but I do not know what became of it—he gave his address, "Edward Wardlaw, 28, Rosoman Street, Clerkenwell."
WILLIAM MYNOTT . I keep the Black Bull, Gray's Inn Road—on 5th April my wife called me into the bar, and said, in the prisoner's presence, that he had tendered a bad florin—he said he was not aware it was bad, and that his wife gave it to him—he gave his address, 13, Clerkenwell Green—there is no No. 13 there—the prisoner took me and the policeman to another house, where he had slept two nights—I saw the policeman take a florin from his hand.
Cross-examined. You took me to 6, Bishop's Court, Clerkenwell Green, and I saw your mother there—that is not 28, Rosoman Street. Jane Elizabeth Mynott. I served the prisoner with two pennyworth of
whisky on 5th April—he put down this florin (produced)—I looked at it, and he said, "What are you looking at 1"—I said, "This is a bad one," and gave it back to him, and he put it in his pocket—I called my husband, who went out after the prisoner.
JAMES RALPH (Policeman G R 31). I met Mr. Mynott with the prisoner on Clerkenwell Green—he said, "I give this man in custody for passing a bad two-shilling piece at my house"—I said to the prisoner, "Where do you live?"—he said, "13, Clerkenwell Green"—I said, "There is no 13, clerkenwell Green, it is pulled down"—it has been pulled down more than 12 months—he said, "I live up here," and took me up Bishop's Court—I saw this florin in his hand; we struggled, and I took it from him—I saw his mother there, who said that he had only been living there two nights—I asked him where he got it from—he said that his wife had pawned some things that morning and given him the florin—I said, Where does your wife live"?"—he said, "I don't know."
Cross-examined. I took you in custody, but I did not handle you till you took a florin out of your pocket—you struggled hard to keep it, but I took it from you—you did not show it to me.
Prisoner's Defence. Why should I struggle to keep the coin when I had plenty of time to get rid of it? I had plenty of time to put it in my mouth if I wished.
GUILTY .— Nine Months' Imprisonment.
MESSRS. CRAUFURD and LLOYD Prosecuted; MR. FRITH Defended.
FREDERICK CHAPPLE . I am a tobacconist, of 1, Pall Mall—on 10th April, about 6.45 p.m., I served the prisoner with a cigar—he cave me a bad shilling—I broke it, and he gave me another—I tried it, and said, "This is bad also," and he ran out—I went out and caught him, but he got away—I called out, "Stop him"—a constable brought him back, and I gave him the coins.
Cross-examined. I broke the first coin—he did not run away then, but he looked pretty sheepish—he started to run directly he saw me move—he ran very fast.
JOHN HILL (Policeman C 224). I was on duty In Pall Mail, and saw the prisoner running two or three yards from Mr. Chappie's shop—I stopped him in a street where there was no thoroughfare—Mr. Chappie was running after him, and gave me the coins; one is broken—nothing was found on the prisoner.
Cross-examined. He told me that a gentleman gave him the florin for carrying a parcel.
The Prisoner received a good character.
GUILTY —Strongly recommended to mercy by the Jury on account of his youth.— Four Months' Imprisonment.
NEW COURT.—Tuesday, April 27th, 1880.
Before Mr. Recorder.
359. CHARLES JOHN GRIFFITHS (28) PLEADED GUILTY to threeindictments for embezzling 13s., 10l. 3s. 10 1/2 d., 9s. 6d., and other sums, of Frederick Warren and another, his masters.— Eighteen Months' Imprisonment. And
360. GEORGE CHRISTY** (33) to two indictments for breaking and entering the dwelling-house of the Guardians of the City of London Union and stealing 12 pairs of boots and other articles, after a previous conviction.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. RIBTON Prosecuted.
BYRON BRAMWELL . I am a physician—on 21st April I was staying at the Langham Hotel, and on that evening I went into the drawing-room with my wife—I placed my coat, and my wife placed her sealskin jacket on a side table—I left an umbrella in the hall—we left the room, and on returning three quarters of an hour afterwards I missed the articles, and made a communication to the manager—next evening at 6 o'clock a detective brought the articles to me—these are them (produced)—I never saw the prisoner.
JAMES GROWNS . I am a private detective at the Langham Hotel—on 22nd April I was watching about the house—the prisoner had had a room there since the Saturday—I saw him go to his bedroom about 5.30, and followed him—I knocked at the door, and said to him "Have you found an overcoat which you stated you had lost last night?"—he said "Yes"—I said "Very strange things do happen; have you heard that a lady lost a sealskin jacket last night?"—he said "No"—I said "Strange things do happen; will you allow me to look round your room?"—he said "Yes, willingly," and I did so, and saw nothing but a portmanteau—I said "Will you allow me to look at that portmanteau 1"—he said "No, certainly not, I will go with you to see the manager if you like"—I said "I should like to see what that portmanteau contains," and stooped down and opened it, and saw the sealskin jacket and cap—I said "There is a silk handkerchief which cannot be found"—he said "Here it is," and took it out of his breast pocket—I gave him in custody.
The Prisoner's Statement before the Magistrate. "After I had taken the coat, umbrella, and lady's jacket to my bedroom, I sat down on the bed and began to realise my position. At first a thought struck me that I would take them back; but on consideration I thought I would run down first to see if it was missed. When I got down I saw Dr. Bramwell talking to the manager. I then went to bed determined to speak to Dr. Bramwell in the morning. I went down and had breakfast, and walked about the hotel till midday. As I could see nothing of Dr. Bramwell, I went upstairs to get my pipe to have a smoke. When I opened my bedroom door I saw my portmanteau had been opened. I opened the drawer and saw some one had been there too. I took my pipe and went down to smoke. I waited till 5.45 without having seen Dr. Bramwell, and went up to wash before dinner. The detective then came and spoke to me."
Prisoner's Defence. I had no intention of taking the goods. I knew there was a detective in the hotel. I was only waiting to see the owner, as I thought it better to return them to him than to the manager.
GUILTY *.— Six Months' Imprisonment.
MR. FULTON Prosecuted; and MR. MONTAGU WILLIAMS Defended Beer.
JOHN LEDWITH . I am assistant to Mr. Hargood, a pawnbroker, of 168, Vauxhall Bridge Road—we close at 7 o'clock—Young came in March, just before 7 o'clock, and asked for the loan of 4l. on this watch (produced)—I looked at it, and suspected that it was not gold—there is a mark on it purporting to be the Goldsmiths' Hall mark, the crown, the leopard, and 18, meaning 18 carat gold—I tried it with aquafortis, and found it was silver—I asked him where he got it—he said that a man gave it to him in payment of a bet, which he owed him on the Lincoln Handicap—it is worth from 1l. to 25s.—I would have advanced 4l. or 5l. for it if it had been gold—I gave him in custody—on the road to the station Beer ran across the road and followed us to the station—he came in while Young was being charged, and asked what was the matter—Young said "You know that watch that man gave me over the bet on the Lincoln Handicap; I have got locked up over that"—Beer said "It is my watch; I bought it of a watch-maker"—they were then both charged.
Cross-examined. It is a silver watch, and supposing it had the proper Hall-mark it would be marked in a jeweller's window at 3l.—the works are pretty fair—we took in three watches of this description for gold, but found they were not, and sold the three for 5l. To a dealer named Aaron—we did not take the marks off first.
Re-examined. We scratched the cases, and the man knew perfectly well that they were duffln watches—we did not scratch over the mark, but we scratched the gold off so as to show the metal underneath; we left the mark as it was.
By MR. WILLIAMS. I will not swear that this (produced) is not one of the watches I sold to Aaron—I believe there are no scratches here—I cannot swear that it is not.
THOMAS GEORGE ROWE . I have been one of the assayers of the Gold-smiths' Company for 33 years—this is not the impression of their mark; theirs is an English crown, and this is a foreign one, and where the leopard's head should be is simply a mass of confused dots; the letters belong to the mark of 1813, but our mark came into use in 1847; any one in the trade would know that this was not a genuine mark.
Cross-examined by MR. WILLIAMS. I said at the police-court, "If it was handed round a sale-room the public might take it for a gold watch"—this watch (another) purports to have the Chester mark, and it may be genuine, but I doubt it—Chester has a Hall of its own—any person has a right to burn out or erase a forged mark.
Re-examined. I have had no means of trying whether it is silver or not—Chester, Birmingham, Newcastle, and Sheffield have Halls of their own, but the Chester mark would have an English crown.
"Do you think if I thought it was wrong I should have come into the station directly after the man?"—he also said that he bought it at Debenham and Store's, and he had not had it in his possession more than two years—Debenham and Storr ore auctioneers for the sale of unredeemed pledges by pawnbrokers.
SAMUEL SHERWOOD . I am a pawnbroker, of 183, St. John Street Road—this watch was pledged with me in October, 1877, as a gold one, for 4l., and on 24th March I sent it to Debenham and Storr's, and it was sold for 30s. in my presence at 3 p.m. as a gentleman's lever watch.
Cross-examined by MR. WILLIAMS. I knew that it was silver, but I did not know that it ought not to have the gold Hall mark on it.
Re-examined. My assistant took it in pledge as a gold watch in 1877, but when I saw it I said that it was silver, and I described it in the catalogue so as to avoid having any dispute—if it had been gold it would have been worth 4l. or 5l.
NOT GUILTY .
MR. FULTON offered no evidence.
NOT GUILTY .
MR. HURRELL Prosecuted; MR. THORNE COLE appeared for Hammond, and MR. GEOGHEGAN for Green.
JOHN STEEL . I am a draper, and live at St. Andrew's, County Fife—on Thursday morning, 9th April, about 1 o'clock, I was in Cheapside—the three prisoners came up to me—one of them snatched my watch away and ran, the other two tried to hold me from running after her—I called "Police"—the police came up and fixed Hammond, and she dropped the watch; the other two were nailed by other policemen—I can't recollect very much about it, I was not sober—I went to the station and signed the charge-sheet—I did not give the prisoners my watch.
Cross-examined by Hammond. I was not with five other women when you met me, and I had not a piece of my chain in my hand—I had been knocked down by a cab that day, and my hat was covered with mud—you dropped the watch in the street, and the policeman picked it up—this is it (produced).
Cross-examined by MR. GEOGHEGAN. I had some money about me—I went about with my hat and clothes muddy during the day—I am not aware that I was turned out of a public-house.
WILLIAM BRAY (City Policeman 571). I was in Cheapside, and saw the three prisoners surround the prosecutor and hustle him against the houses—I saw Hammond leave him hurriedly—I ran across, hearing a cry of "Police I Stop thief!"—I saw Green and Valentine holding the prosecutor to prevent his following Hammond—I saw a portion of chain hanging from his coat pocket—land another constable secured the two, and Hammond was brought back by another officer with the watch—she said the prosecutor gave it her; he said "No"—about an hour afterwards I found a small portion of the chain in the carriage way in Cheapside, near the spot where I first saw them—Valentine said she knew nothing about it; she and Green both said at
the station that they crossed the road to see what was the matter—they were all three together when I first saw them.
Cross-examined by MR. GEOGHEGAN. There were no other persons about; the streets were very clear—I had followed them down Cheapside—when I first heard the cry of "Police" I was about 100 yards off, but I got within 10 yards of them—I had my usual boots on.
Cross-examined by MR. COLE. Green and Valentine said to the prosecutor "You were drinking with other women before you went with us—he was under the influence of drink, but I believe he knew what he was about.
WILLIAM BURKENSHAW (City Policeman 598). I was in Queen Street about 12.45 on this morning, and saw Hammond turn out of Queen Street—I ran after her up Pancras Lane, and told her to stop—she stopped, and went partly into No. 4 doorway—I took hold of her left arm, and heard something drop, and on looking behind her found this watch—I picked it up—she first said "I have done nothing," and afterwards said "The gentleman gave it to me"—I took her back to the prosecutor, and he said "Ton stole my watch"—she said "I have not, I have not seen your watch; I know nothing about it."
GREEN and VALEOTINE— NOT GUILTY .
HAMMOND— GUILTY . She also PLEADED GUILTY to a previous conviction.— Six Months' Imprisonment.
MR. GRAIN Prosecuted; MR. BESLEY Defended.
GEORGE NEWMAN . I am a carman, and live at Robinson Road, Cambridge Heath—on 5th February, about 4 p.m., I was driving a horse and van in Queen Victoria Street, and noticed before me a Hansom's cab, No. 7638, going at about four or five miles an hour, not more—I then saw the near wheel go over a lady's leg—that was Mrs. Walklin—the driver looked round several times after the accident, as though he was agitated—I saw his features; the prisoner is the man—he did not stop—I stopped at the European, and watched him over to the Bank of England—I did not take my eyes off the cab till I jumped down and gave the number to the constable.
Cross-examined. The Protection Society against street accidents have interfered in this case, but I have not received one penny from them, and do not expect to—I did not see the prisoner again till 20th April—my van had no hood; I had a boy with me—it was a very light afternoon—the cab started faster after it ran over the lady—I did not see her go off the pavement and run against the shaft—I did not see her till she was down—he whipped the horse when he got to the Bank of England, not before.
MARGARET WALKLIN . My husband lives at 333, Cambridge Heath Road—on 25th January I was in the Poultry, opposite the Mansion House, and was going to cross to the Mansion House side—I went off the footpath into the road, and received a blow on my nose by the shaft of a Hansom's cab which was going towards the Bank—I caught hold of the skin of the horse—the cab drove on, and I fell, and the wheel passed over one of my legs—the cab did not stop—I managed to get off the road, and was assisted by a gentleman—I was attended by a doctor, and was confined to my bed for three weeks—as far as I noticed the road was dear when I started to cross.
Cross-examined. I was half-way across the road when it happened, but I did not get to the refuge in the middle of the road—I was not in a hurry.
JOB PAYNE . I am one of the Sanitary Inspectors of the City—on 25th February I was in the Poultry, about 4 p.m., and heard a scream, and saw a lady on her face, with her head on the kerb and her body in the road—it was on the asphalte at the end of the Poultry—I carried her into a doorway and attended to her—I saw a Hansom's cab going eastwards.
Cross-examined. This was not in Queen Victoria Street.
Cross-examined. I have known him five or six years as a driver, and never heard a complaint against him, or of any accident to his cab, or an endorsement on his licence.
THOMAS WHITEHEAD , M.R.C.S. I went to see the prosecutor on 26th February—she was in bed—she had two abrasions on her nose, a cut on her head, and a contused wound on the right leg about 6 inches above the ankle, and a general shock to the nervous system—she was six months advanced in pregnancy—she is still under my care—the bone was injured.
Cross-examined. Her sight and hearing are all right as far as I know.
NOT GUILTY .
THIRD COURT.—Tuesday, April 27th, 1880.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD Prosecuted.
GEORGE STRUDWICK . I am a florist of 20, Bayswater Terrace—on 17th March, about 3 p.m., Roby served the prisoner with a bunch of daffodils, value 2d.—she tendered a bad half-crown—I handed it back to the prisoner and said ". This is a bad half-crown"—she said "I have only three half-pence, if you like to take that for the flowers"—I said "I can't do that, you had better get out of the shop as quick as you can, or you will have a policeman after you"—she walked out—a policeman came up and I gave her into custody—this is the half-crown.
Cross-examined by the Prisoner. A second constable said "There is a man outside."
HENRY CHAFFY (Policeman X 50). I took the prisoner outside this shop—I said "Have you a bad half-crown in your possession?"—she said "I have"—she took it out of her purse and gave it to me—I took her back to the shop and Harlow came up—I did not see a man outside—this is the half-crown.
EDWARD HARLOW (Policeman X 266). I was on duty on 17th March, and saw the prisoner and a man conversing about a dozen Yards from the prosecutor's shop—the prisoner left him and went away; a few minutes afterwards I saw Chaffy touch her on the shoulder—I said "What is the matter?"—he said "She has been passing a bad half-crown"—I said "Don't let her go, I will fetch the man; "she must have heard that—he
took her back to the shop, and I went after the man; I saw him afterwards going through the park; I whistled; he turned round and threw two packets away—I saw his fare—he got outside the park; I could not over take him, he was on the other side of the railings—I picked up these two parcels (produced)—one was done up in a piece of newspaper and eaclf coin was separate—there are nine counterfeit half-crowns in one parcel and five florins in the other—I went back to the Shop and fbftowed the prisoner and the constable to the station.
Cross-examined. You were standing together a few minutes—I did not expect you Would come back because I whistled—I should know the man' again.
WILLIAM WEBSTER . This half-crown is bad—these' in the' packet are all counterfeits, and three of the same mould as the one the prisoner uttered—the florins are also bad—the coins' are wrapped up separately to prevent their being rubbed together.
Prisoner's Defence. I never knew it was bad. I was not talking to any man; if I had been he would hate been caught The officeman was: tuft that a man ran away. He never ran after me.
GUILTY of uttering. she also PLEADED GUILTY to a conviction of felony in March, 1872.— Twelve Months' Imprisonment.
MESSRS. CRAUFURD and LLOYD Prosecuted.
EMMA PARKER . I am assistant at the Stores, Bedford Square—on 16th March, about 1.20 p.m., the prisoner called' for half a pint of beer and a screw of tobacco—he put down this florin, I tried it in the tester and found it was bad—I said "This is a bad two-shilling piece"—he said What is' it? give it' me back"—I handed it to Mrs. Hind, the mistress of the house—I saw Mr. Hind give it to Mr. Lane—the prisoner was taken into custody.
Cross-examined by the Prisoner. Mrs. Line said "Give him in charge, he is a stranger."
ALFRED LANE (Detective Officer E). I was at these Stores when the prisoner came in—I saw him put down a florin and call for the beer and tobaccos-Miss Parker put it in the taste and tried it, and said "This is a bad one"—I went to "Mrs. Hind, and said in the prisoner's presence "Will you charge him?"—she said "Yes"—I told the prisoner I was a police officer and should take him to the station for knowingly uttering this florin—he took hold of a brass rack where newspapers are kept, and said "You won't take me to the station; if my pal were here he Would jump your b——guts out"—I told another man to run after a man who was standing outside—I took the prisoner to the station and found on him 1d.—he gave his name Joseph Bowles, 53, Neale Street, Seven Dials—I went there and saw a man who said he was the prisoner's uncle—the prisoner was taken to Bow Street, remanded, and then discharged.
Cross-examined. I had previously watched the man outside—I was in the house two or three minutes—I have been watching you in the street, Re-examined. The prisoner's companion is a man whom the police are watching.
him with half a pint of beer and a pennyworth of tobacco—she is ill and cannot attend—I saw the prisoner tender a florin—my wife took it up and bent it—I said to the prisoner "It is a bad one, where did you get it?"—he said that he took it at Saffron Hill for some pins which he had sold—I said in You have come a long way to change it"—he put up his hands, which were quite black, and said "lama hard-working man, and I could not do that sort of thing"—I gave him in charge with the coin—this is it.
NATHAN LYTEL (Policeman E 502). The prisoner was given into my custody—he said he took the coin from a woman named Murphy in a street near Saffron Hill to whom he had sold 8 dozen of linch pins and 10 split ones on Good Friday—I made inquiries and could find no such name about there—the prisoner was remanded for a week—he said the woman's name was Smith, and she lived in Hare Street—he refused his address.
The Prisoner's Statement before the Magistrate. "The name of the party I took the two shillings from is Mrs. Smith. I sold her some linch pins for 2s. 9d., at No. 19, Hare Street, that is how I came by the florin."
Prisoners Defence. I am a blacksmith. I made these pins on Good Friday, and Mrs. Smith gave me 2s. 6d. for them, and 3d. for the split pins; the other florin I got in change at King's Cross.
GUILTY .— Twelve Months' Imprisonment.
MESSRS. CRAUPURD and LLOYD Prosecuted.
ELIZABETH SARAH TAYLOR . I am a barmaid at the Falcon Tavern, Wardour Street, Soho—on 5th April, about 10 p.m., I served the prisoner with half a pint of ale and a screw of tobacco—he put down this half-crown, which I found to be bad—I gave it to Mr. Swan, the landlord.
GEORGE FREDERICK SWAN . I keep the Falcon—I was present when the half-crown was tendered—it was given to me—I said to the prisoner "Do you know what this is? it is bad; where did you get it from?"—he said "I got it from a public-house in Oxford Street last Wednesday"—this was on Monday—I said "How do you live?"—he said "73, Wyld Street"—at the station he said Great Wyld Street—I said "What are you?"—he said "A carpenter"—I said "Have you kept this from last Wednesday?"—he said "Yes—I said "Have you any more money about you?"—he said "No"—I gave him in charge—I asked him his name in the constable's presence—he said "Henry White"—there is no 73, Wyld Street; there are not so many houses—he was taken before the Magistrate, remanded till the Thursday, and discharged—this is the coin.
FREDERICK BINK (Policeman C 303). I took the prisoner—Mr. Swan gave me this bad half-crown—the prisoner said "If I had known it was bad I should not have tried to pass it"—he gave his name Henry White, of 73, Great Wyld Street, Drury Lane—I found nothing on him—he was remanded till Thursday and discharged—there is no 73, Great Wyld Street; 62 is the highest number.
LOUISA BOMLEY . My brother keeps the Red Lion, Henley Street—I served the prisoner on 10th April, about 7.30 p.m., with half a pint of ale and a pennyworth of tobacco—he tendered a florin—I handed it to my brother, who gave the prisoner in custody.
LEWIS COUSIN . I saw Bomley serve the prisoner—she handed me this coin—I saw it was bad—I said to the prisoner "Where did you get this from?"—he said "I got it in change for half a crown at a public-house in Oxford Street"—the prisoner had tried to pass a bad florin previously and I gave it him back—I gave this one to the constable.
Cross-examined. I cannot swear to when you were there before, but I know you are the same party.
GEORGE EDSER (Policeman E 133). Cousin gave the prisoner into my custody with this florin—I searched him and found one penny—he gave his name Charles Smith, 21, New Road, Bermondsey—there is no such place.
Prisoners Defence. I earned half a sovereign and went to a public-house and changed it I spent 5s., and the 2s. was in the change.
GUILTY .— Twelve Months' Imprisonment.
FOURTH COURT.—Tuesday, April 27th, 1880.
Before Robert Malcolm Kerr, Esq.
370. WILLIAM ROBERT BULL (33) , to three indictments for embezzling 5l. 10s. and other sums of George Maurice Curtice and another, his masters.— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.] And
371. JOHN CHAPMAN (22) , to feloniously breaking and entering the shop of Edward,. Baston, and stealing 13 pairs of socks and other articles; also to unlawfully committing damage by breaking a window of the same person.— [Pleaded guilty: See original trial image.] Judgment Respited.
MR. FULTON Prosecuted; MR. YELVBRTON defended Howe.
JAMES STRANGE (Policeman). On Saturday morning, 10th April, from information I received I went in search of Middleton—I found him outside the Mitre public-house, at Sudbury—I said to him "How do you account for putting that hay and straw up into Howe's cart last night?"—he said that he sold him a quarter of a load for 15s. and gave him a truss of straw for halfpence—I took him to the station—he said that Mr. Smeeton, his master, gave him authority; Mr. Smeeton was present and denied it—I then took him into custody—on the same evening I saw Howe at Carlton Road, Paddington—I told him that he was at Harrow late last night, that Middleton was in custody for stealing hay and straw, and said "How do you account for receiving that hay and straw from him?"—he said "I bought half a load of him and paid him at the rate of 4l. 15s. a load"—I said "What about the straw?"—he said "I know nothing about that"—I told him he must consider himself in custody, and took him to Kilburn Station—I then went with Cluny, the policeman, to his premises, and found three crusses of meadow hay in a shed—I told him afterwards that I had found and he said "That is part of the hay that I received"—I produce a piece of rope which I found attached to one of the trusses that I found on
Howe's promises—I have compared that with some other cord that was on the rick cloth and it corresponded—on the way from Kilburn to Harrow Howe asked me what Middleton had said about it—I said "He told me he had sold you some hay and straw"—he said "That is the straw that is under the horse now."
Crass-examined. Howe answered my questions quite openly—his wife took me to the place where Howe was.
ARTHUR SMITH . On 9th April I was coming from Harrow past Mr. Smeeton's rick, and saw Middleton with three more; one of them was his son—one of them was going up a ladder, and I saw one of them take a bundle of thatch straw, which was put on a cart about 10 yards from the rick—Middleton was standing by the cart—he came and asked me if my name was Walter Seymour—I said "No, it is me"—I knew him; I did not know whether he knew me—he asked what I wanted—I told him I wished to see "Walter Seymour—he said "I think it will rain"—I said "I think it will"—I then went into the road—the cast went towards London—two of the men went towards London with it, and two went towards Harrow—Howe was leading the cart—I did not know him before—I saw him again on the Wednesday following at Edgware, in Court—I did not recognise him then; I speak to him to the best of me recollection; I don't swear positively to him—there was only one man on the load; the load was hay and straw—there was half a load of hay and four or five bundles of thatch straw.
Cross-examined. This was about 9.45; it was quite dark—I knew Middleton and his son, a boy, before; not the others—I saw all of them go up the ladder.
CHARLES ADAMS . Howe is my uncle—I was living with him for about three weeks—on the morning of 0th April he said to me that he was going up to London to get in some debts that were owing to him, and then to Harrow for half a load of hay that he had bought—I went with him to Hanrow and went to Middleton's house—we got there about 6 in the evening; ho was not at home; he was sent for and came there—Hewe said to him "I have come for the half load of hay, but I have not got the money I. will pay you some of it and the rest next-week"—Middleton said "That will do if you will pay me on Tuesday"—about 8 o'clock we went to the rick—I stopped in the cart and got it ready to put the hay on—we loaded it with 18 trusses and a bundle of thatch—when we had loaded two trusses young Middleton said "Father, here comes Mr. Sweeton; I can hear his voice"—Middleton said "It does not matter who comes, my boy, I have got the privilege of selling it"—this loading took about three-quarters of an hour—Mr. Smeeton did not come.
Cross-examined. Howe said he was going to pay 4l. 15s. for the hay—I heard him agree with Middleton for 2l. 7s. 6d. for the half load—I have been with him in his cart before—we were employed all day in London in the cart—we remained at Middleton's house to tea—Howe is a hay and straw dealer.
CHARLES SMEETON . Middleton is a hay-binder in my employment—he was there on 9th. April—on that day I had a load of hay at the rick, bound for market—I told him to bind it to go to Cumberland Market next morning—he had no authority from me to sell hay—I have seen three trusses of hay produced by the police; it is not like my best hay that was
stolen from the rick, but it is like the inferior hay that was not marketable, dusty hay—I do not know Howe at all.
Cross-examined by Middleton. You had never sold hay for me—you were in my employment for 20 years at intervals, hut yott never told airy hay for me—you have taken hay to market for me, you never received money for it—you may have sold hay for Mr. Baker, my regular binder—you never brought me the money for this hay.
MARY SEYMOUR . I live near Mr. Smeeton's rick—about 8.45 on the 9th April I heard some people cutting hay—I went outside my cottage and went across the road, and saw a young man with a cart; he had got a truss of hay in it—I saw four men—I said, "I think there is something wrong here"—the young man with the cart coughed and said, "It's all right"—I recognise Middleton as the man who was cutting the hay—I went back into my garden and watched—I could only hear a whispering and one man said, "Be quick, there is some one coming"—the lad said, "It's no use, we can't get out; stand your ground, and take no notice"—I could not recognise the person who said that; I merely heard the sound.
NOT GUILTY .
373. FRANK KIRBY and HENRY HARDWICK ROBSHAW (indicted with George Hardwick Robshaw), for Unlawfully conspiring to pervert the due course of justice by falsely swearing that a forged receipt was a true and genuine document. (See Fourth Session, page 444.)
MR. FULTON Prosecuted.
MARTIN KOSMINSKI . I am a furrier, of 37, Milk Street, Cheapside—some time last year George Hardwick Robshaw suggested to me that I should add to my other business that of a woolen business—the result of that was that he became indebted to me 492l. in September last year—on 11th December he came and produced two bills for 400l. and 250l. and this document (marked A), and suggested that and 25l. in cash as the terms of settlement between us—there is a stamp to it, and my name is written across it—I signed it in his presence that day—he did not give me the 25l.; he said, "I shall give you the 25l. to-morrow"—I said, "All right, it will only be a penny lost, I will see my solicitor," and I cancelled my name and returned the document-during the time he was my agent 1 had given him 15 or 16 of my bill-heads, signed in blank—on the following day I Went to my solicitor, Mr. Lovett, and deposited the document with him and the bill for 4000l.—next day I saw George Robshaw at Mr. Lovett's office—Mr. Lovett told him he could not accept his proposition, as the bills were no good; he must give more money and put his own name on the bills—he said he could not give more money at present-some other conversation took place, and Mr. Lovett told him he must go to his own solicitor and try and settle it—on 17th December I saw him again at Mr. Lovett's office, and the proposition was again made that he should give more money and better bills—he Said he would give the 25l. as soon as it was settled—on 31st December I took out a debtor's summons in bankruptcy against him, and at the hearing of that summons this document marked "C," dated 8th December, was produced by him—this is the document on which he was convicted of forgery: "I hereby agree to accept in settlement of account, to date inclusive, bills for 400l. and 250l. and cash 25l., &c. M. Kosminski"—that is my genuine signature, but the document is a forgery—it is written on one of the bill-heads I had given him—I took proceedings against him for the forgery at
Bow Street—I attended there on 8th January, and heard Kirby give his evidence for the defence—it is not true, as was then stated by him, that on 13th December I admitted having received 25l. on 29th November—I did not see Kirby at all on 13th December—it is not true that he called with George Robshaw that day, and that Robshaw asked for a receipt appertaining to the agreement signed on the 8th—it is not true, as stated by Henry Robshaw in his deposition, that he came with his brother on 8th December, and that I signed the document "C" in the presence of them both, and afterwards returned it to George Robshaw—I never saw that document till it was produced at the Bankruptcy Court on 31st December—I was present at this Court, and heard them repeat on oath the evidence they had given at Bow Street.
Cross-examined by Kirby. I first knew you in September or October—you never came to my place to write letters or receive blank forms from me to my knowledge—I have seen you there several times on messages from Robshaw the convict, never twice a day—you never brought memorandum papers for me to sign—you did not pay in 80l. to the bank for me during my holiday—you brought letters to me to sign—I seldom did anything on Saturdays but got the letters, and then went away—my private office is covered, you could not see what was going on—something was said about Robshaw having got 40l. down twice—he had charged me with two 40l. as there were two receipts for the same 40l., one from my man and one from me.
Cross-examined by Robshaw. I did not, on the night of 8th December, write to James Mercer and say that I had referred you to James Dixon and Co.—I can positively swear that you were not there on the 8th, and I can deny that I was not in the warehouse on 8th December. Re-examined. Nothing took place on 8th December, and this is a forgery.
HENRY AVORY , Jun. I produce the record of the conviction of George Hard-wick Robshaw for forging a certain accountable receipt, with intent to defraud—he was sentenced to twelve months' imprisonment—it is signed "Henry Avory, Clerk of the Court"—I also produce the original depositions, taken at Bow Street, on which he was committed for trial to this Court.
Cross-examined by Kirby. I am a bankrupt, but that is through Robshaw's defalcations; he has robbed me of thousands. (The depositions of Frank Kirby and Henry Robshaw at Row Street were here read.)
RICHARD WALKER . I live at 37, Milk Street, Cheapside—I was Mr. Kosminski's foreman—I was present at Bow Street on 1st January, and heard Kirby give his evidence—he swore that Kosminski admitted receiving 25l. from Robshaw on 13th December—that is not true—I heard him repeat the same evidence at this Court.
Cross-examined by Kirby. I did not see you there on 13th December—
remember you calling with Robshaw; that was on the 12th, and you went through the accounts in the middle warehouse—the room is not partitioned to the ceiling—with respect to the 40l. which you paid and got the banker's clerk's receipt for, I went next day and got a receipt for it—I find that Mr. Robshaw got a receipt for it as well as me, and there ought only to have been one receipt—there were high words between Kosminski and Robshaw about the 40l., and I may hare fetched the banker's pass-book to show that there was only one 40l.—I do not know that Kosminski signed a receipt on 11th December, or that he took it away and put it in the hands of Mr. Lovett, his solicitor, or that 25l. was paid to him—I do not know that he bought a sealskin jacket on 29th December, and paid for it with two 10l. notes received from Robshaw, but I have heard it.
Cross-examined by Robshaw. I have seen you in the office with your brother, but do not recollect the dates.
Kirby, in his defence, stated that he wrote the document of 8th December, when no signature was attached to it; that he had been in the habit of writing at Martin Kosminski's dictation, and called at his office three or four times a day; that two receipts had been given for one sum of 40l., which was after wards put down as 80l. He called for Mr. Dere as his witness (who had been included in this charge at Bow Street), but who did not now appear.
GUILTY .— Twelve Months' Imprisonment each.
MR. RIBTON Prosecuted.
AMOS DUDMAN (City Police Sergeant 60). On Saturday night, 3rd August, about 8 o'clock, in consequence of information, I went to 7, Wood Street—I obtained a ladder, and examined the facia—I saw the window open, but the dust was undisturbed—I got in, and found the prisoner standing on a bench in the corner, and this portmanteau and macintosh neat him—the portmanteau contained four field glasses, and a number of silk scarves—I asked the prisoner what he was doing there—he said a gentleman had called him in about 3 o'clock in the afternoon to hand these things out of the window, and let him out of the window also, which he did—I found the door on the first floor where the prisoner was had been forced, the lock being shut—I went downstairs, and found a door in the passage broken open, and the padlock lying on the floor, and this bar hanging by one screw—I also found this poker and taper—two desks were broken open, and the things in confusion—I took the prisoner to the station.
SIDNEY DRUIFF . I am a warehouseman, at 7, Wood Street—I occupy the basement, the ground and first floors—I do not live there—no one sleeps on the premises—this portmanteau and other things are mine—the property altogether is worth about 20l.—I saw the premises closed on the Saturday afternoon—the room door was padlocked, and everything safe.
The Prisoner, in his defence, repeated in substance his statement to the officer.
GUILTY . A previous conviction was also proved against him.— Eighteen Months' Imprisonment.
OLD COURT.—Wednesday, April 28th, 1880.
Before Mr. Justice Grove.
ARTHUR CHRISTIE . I live at 6, Merton Road, Kensington, and am a gardener—on 26th March about 3 p.m. I saw the deceased, Joseph Olden, come out of the Builders' Arms public-house—the prisoner was outside close against me—Olden accused the prisoner of throwing water over him—the prisoner said "I did not do it"—Olden said "If you did not do it, you caused it to be done, and you shall settle for it"—he called the prisoner some awfully foul names, and said he would have some lads down that would make him settle for it—then he called the prisoner a b——snotty puppy—the prisoner said "If you call me that again I shall give you a smack in the face"—Olden then said "You b——I will have a go at you myself," end he pulled off his jacket and waistcoat, and threw them in the van—they then squared up to each other and commenced to fight—I could not say who struck the first blow—this was on the pavement—the prisoner Struck Olden under the arm with his right hand, and then with his left hand he struck him under the right jaw—Olden fell forward on one knee, and then pitched forward on his face at my feet—we set him up in a sitting position—some one brought some water, and I poured some into his bands and rubbed them—the whole thing did not last more than five or six minutes—I saw his jew drop, and said "The man is dead"—I have known the prisoner from a child; he was always a very quiet man—they were both Sober.
Cross-examined. I did not see anything till the deceased came out of the public-house—I could not say whether he was turned out; he came out without his hat, and it was thrown out after him—he was very much excited—he commenced swearing as soon as he got out—the prisoner was the first person he spoke to; he was not doing anything to aggravate him; he tore off his coat and waistcoat in a great passion and squared up to the prisoner in a very excited manner.
Re-examined. The prisoner took off his coat when the deceased took off his—I had never seen the deceased before. William Marton. I work at a dairy in Newcomb Street, Notting Hill—on this afternoon I was coming by the Builders' Arms and saw the prisoner and Olden there and a mob of people—I pulled up behind Olden's van—he was standing on the pavement with his left hand on the top rail of his van talking to the prisoner—he said "I am only here by myself, but none the more for that I will have a b——go"—they then both took off their coats and fought—Olden hit the prisoner the first blow in the mouth—the prisoner then hit him under the left side with his right hand, under the heart, and with his left hand under the right ear, and he fell on his left side—two chaps picked him up and sat him on the pavement with his back to the van—I fetched some water and bathed his head—I saw his jaw drop and said he was dead—a surgeon was fetched and I left.
Cross-examined. I was driving my milk perambulator—I have known
the prisoner as ft quiet man—the deceased seemed very excited—the blow in the mouth made the prisoner's lip bleed slightly.
THOMAS WEBSTER . I am a surgeon, of 4, St. George's Terrace, Kensington—about 3.30 on 20th March I was sent for to the Builders' Arms—I found the deceased lying on the pavement, dead—I examined his head, but found no marks of violence; it was too soon for marks to appear—he had only been dead a few minutes—I did not see him after.
THOMAS BRAMAH DIPLOCK , M. D. I am Coroner for one of the divisions of the county of Middlesex—on Wednesday, 24th March, I held an inquest on Joseph Olden—I saw the body in the mortuary attached to the workhouse, lying on its back, wish the right side towards the window—I saw on the right side of the neck a pouch nearly as large as my fist, red, containing a sanguinous deposit, and discoloration around from effused blood: that would be the natural consequence of a blow on that spot, as there is a large, blood-vessel there which was ruptured—the shock would be sufficient to cause death; it was a very severe injury—I did not think it necessary to order a post-mortem examination—the prisoner was examined before me—I took his statement, read it over to him, and he signed it (This staled that he was first attacked by the deceased on earning out of the public-house, and after repeated provocation he knocked him down.)
GEORGE SEYMOUR (Police Sergeant T). I took the prisoner into custody on 27th March—I told him I should charge him with causing the death of Olden on Saturday—he said "He struck me; I hit him in self-defenses; the barman gave me some water in a pail; I threw it, but it did not go over him."
JOHN OLDEN . The deceased Joseph Olden was my brother—he was a bricklayer by trade; he used to go out with a laundry cart—I last saw him on the Sunday as he was killed on the following Saturday—he was then in good health—he was 38 years of age.
Cross-examined. His wife is a laundress, and he had been doing laundry work for years.
GEORGE TULLEY . I am manager of the Builders' Arms—I saw the deceased come out of the urinal—he accused me of throwing water over him—he was very excited—I requested him to go outside—he threw his hat over the bar at me or the barman, and it was thrown out after him—I saw no water thrown over him.
GUILTY . Strongly recommended to mercy.— A Fortnight's Imprisonment with Hard Labour.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. HORACE AVORY defended Strickland.
THOMAS BRAMAH DIPLOCK , M.D. I am Coroner for one of the divisions of the county of Middlesex—on 18th March last I held an inquest on a child 14 months old—the prisoner Emmerson was called to give me information as to its death—I cautioned her—she gave her evidence,
which I took down and read over to her, and she signed it—this is her deposition—Strickland also gave evidence, which I took, and read over, and she signed. (These depositions stated in substance that the child, which was the illegitimate child of Emmerson, was delicate from its birth; that Emmerson, being obliged to go to daily work, left it in charge of Strickland, paying her a few shillings a week; that it was always well treated, but did not thrive; that its arm was hurt, but until the doctor examined it they were not aware that it was broken.)
SARAH STRICKLAND . I live at 33, Little Camera Street, Chelsea—I am married—the prisoner Strickland is related to me—I know Emmerson, who is a single woman, by her living with us—she brought the child when it was five weeks' old and suckled it nearly three months, and afterwards it was fed from a bottle—she used to go out to work about half-past in the morning, and return about the same time at night, and during that time Strickland minded the baby—last summer I took the child to St. George's Hospital, and the doctor examined it—there was something the matter with its person, and he gave me some violet powder and I was told that I need not bring it again—on the Sunday before taking the child to Dr. Bonney, Mrs. Strickland said to me, "Look at Erny's arm"—I did so, and said I thought an abscess was forming; that was the first time I noticed anything about the arm—my sister and I then took the child to Dr. Erskine—the baby had sores coming over him—I only went once—I don't know how many times Strickland went with it to him—the child got better—it was very delicate and small.
Cross-examined by MR. AVORY. It never thrived from the first—it would eat a deal of food—I was not at home all day; but when I was I used to see Strickland feed it—the food did not seem to do it any good—I have described it as "a little thin-skinned rabbit"—it had no cough before going to Dr. Bonney—Strickland let lodgings; I am one of the lodgers.
Cross-examined by Emmerson. You did tell me that the baby was six months' old when taken to the infirmary—on one occasion you gave my sister 11s.
MARY BERRY . I am a widow, and live at Camera Cottages, Lower Camera Street, Chelsea—my house is at the back of Strickland's—I used to live with her—I remember Emmerson taking her child to Dr. Bonney about a fortnight before I left, on a Monday morning—she went out to work from about 8 a.m. till 8 p.m.—I was out during the day, occasionally running home to dinner—I always saw Strickland taking care of the child, and have seen her feeding it—I did not notice anything the matter with it; but Strickland said to me, "I think baby's arm is broke; I will send the mother and child to the doctor"—I spoke to the mother about it, and told her that she should take it to the doctor instead of going to work—she said, "I shall do so"—that was about three weeks before 23rd February—when she came back from seeing the doctor, she told me that he said to her, "The child's arm is broken, and if anything happens to the baby you will be locked up for being neglectful."
Cross-examined by MR. AVORY. As far as I saw, the child used to sleep with its mother—the mother was at home on Sundays—I knew she was out of work sometimes.
Cross-examined by Emmerson. I never saw you unkind to the child.
Re-examined. The mother and baby slept in the same room.
JOHN ERSKINE . I am a registered medical practitioner, at 321, King's Road, Chelsea—a woman came to fetch me to visit the child in Little Camera Street—I went there at 12 o'clock at night on 13th December last—I saw both the prisoners; the mother had the child on her lap and it was in convulsions and suffering from congestion of the lungs—I prescribed for it and they fetched the medicine at once—I saw the child again the two following days, it was getting better—I advised the mother to take it to the hospital as I thought they were not in a position to pay my fees—the child was rather thin when I saw it—nothing was said to me about its arm.
Cross-examined by MR. AVORY. It appeared to me to be a very weakly child—there were no sores upon its body.
Cross-examined by Emmerson. I believe the child was rubbed with hartshorn and oil.
GEORGE WILLIAM FARYON . I live at 268, King's Road, Chelsea, and am relieving officer—on Monday, 23rd February, I saw the child in the relief office of the parish with the mother—it was in an emaciated, dirty, and filthy condition—the mother said that it had been wasting away—I granted an order and sent her to Dr. Bonney—I did not go with her but the doctor sent for me—in consequence of what he said to me I spoke to the prisoner, and told her that she had better give up her employment, and I would supply her with necessaries in order that she might devote her whole attention to the child—she said she would do so—I saw her again on four different occasions and each time I relieved her—the child remained under the care of the doctor—on 15th March I believe it died.
WILLIAM AUGUSTUS BONNET . I live at 320, King's Road, Chelsea, and am a registered medical practitioner—on Monday, 23rd February, the prisoner Emmerson brought her child to the dispensary—she directed my attention to its right arm; I examined it and found the bone in the middle of the upper right arm was broken—she said she did not know it was broken—I think some days afterwards I looked at the other arm, the child was in a state of great emaciation—the skin of its thighs had a bluish appearance as though it had recently been raw, the same with its buttocks down to the knees—I examined the child, thinking that the excoriation had arisen from disease—I told the mother that it was brought about by neglect and not by disease of any kind—to the best of my recollection, she said it was well cared for—I said that I thought so seriously of it that if the child died I should direct the Coroner's attention to the matter—I cannot call to mind whether she made any answer to that—the skin of the child was in folds from the rapidity of the emaciation—I put the arm in splints, gave the mother a powder, and told her to take it home—I first sent for the relieving officer, Mr. Faryon, and spoke to him about it—I told the woman to bring the child every fine day, and she did so, with the exception of two or three days—the child improved, I should say it increased in weight—I did not notice any bronchial affection—I think I saw that it was running at the nose—it died on the night of 15th March—I had seen it that morning and found out in the mean time that the left fore arm had been broken—I spoke to her about it and she told me she did not know there was anything wrong with it—when I first saw the child it required great care and attention, it wanted proper feeding and nursing—as far as I
could judge that was the cause of the state it was in—the emaciation was not to be accounted for by any disease—that was the opinion I formed at the time—I made a post-mortem examination on the 18th the morning of the inquest—I examined the right arm, that was still un-united; the fracture had existed some weeks—the left fore-arm I cut down upon the bone in order to discover the reason of the deformity, which was quite apparent—I found that the radius had been broken at that point, and had healed in that distorted manner; that might have been ruptured five or six months and never properly set—I examined the lungs, there was no disease except congestion of the lower portion of both lungs, evidently recent—there was no tubercle—there was no food in the stomach—there was mucus in the bronchial tubes—one or two of the mesenteric glands were slightly enlarged, but not sufficient to account for the wasted state of the body—I could not see any fat in the body—the external appearance I should say was that of a well-formed child—there was no enlargement at the end of the bones which characterizes a scrofulous child; the uninjured limbs were straight, I they would not have been if it had been naturally a scrofulous child—I can only conclude that death arose from want of proper food, there was no disease that I could see.
Cross-examined by MR. AVORY. The fracture of the hummers might be caused by a child falling out of bed—the usual way of a child getting a fracture is by being taken hurriedly up by the arm—I could not say that I saw the child half a dozen times before I noticed anything the matter with its left arm; it could use it—I saw its arm uncovered, and the fracture was perceptible at once—I have been in Court this morning, and heard that it was taken to the hospital suffering from disease of the parts—that is a disease very uncommon in a child of such tender years—disease of the urinary organs is almost unknown amongst children—excoriation of the buttocks is a sign of neglect—I saw no disease of the lungs or any bronchial affection about the child when I first saw it—I told the Corner that there was slight bronchial catarrh; that was the result of cold in the head—there was mucus in the bronchial tubes—the immediate cause of death was pneumonia, congestion of the lungs—that might be caused by cold—east winds are likely to give cold—east winds did prevail for a few days about that period—a child suffering from congestion of the lungs would be predisposed to another and more serious attack—it would not tend to emaciate the child; it would not affect the nutrition of the body—I have heard this child described as always weakly and delicate, and one that did not thrive on its food, but it certainly increased in size during the three weeks it was under the care of the relieving officer.
Cross-examined by Emmerson. It was possible for it to partially move its arm although it was broken, but not to take up anything and put it to its mouth.
By the COURT. A child who has a scrofulous affection of the arm so as to bend or soften the bone, would not have its legs straight: that is almost an invariable sign of that condition of the body, the legs are almost invariably curved—if a child will not thrive on its food there will always be perceptible traces of disease on examination—I am not aware of any condition that would produce death leaving no trace of actual disease.
—I slept in the same room with Emmerson and her baby—I was not there during the day; I generally went out at 8 o'clock or half-past, the same as the prisoner—I am a shirt washer—I did not notice anything the matter with the child, no more than it was delicate, and used to cry very much at night—it was a very small baby born—I did not notice anything the matter with its arm till Dr. Bonney came to it—I thought it was in a consumption, and Emmerson told me that her mother died of consumption, and that it was a family complaint—Mrs. Strickland took charge of it during the day—the mother had not much to get drink with; at times she get a glass with the young: man she was keeping company with—I never saw her the worse for drink but once, to the best of my recollection—Mrs. Strickland is always a sober woman; she has an a version to drink.
NOT GUILTY .
There was another indictment against the prisoner for a misdemeanour, upon which no evidence was offered.
MR. LAYMAN Prosecuted; MR. SIMS Defended.
EDWIN HALLETT . I late at 3, Enkel Street, Seven Sisters Road—the prisoner came to lodge with me about a week before 5th April—on Saturday, the 3rd, I gave him notice to leave—on Sunday night he went up to bed about 8 o'clock—I went to bed about 12—his room was on the floor below mine—my wife heard some one walking up and down stairs—she got up and opened the door and called me—I went out of my room, and saw the prisoner come up the stairs from below, and go into his own room with a light—I went down, hearing the cracking of wood—his door was open, and I saw the window curtains in flames, and the Venetian blinds and the toilet table were all on fire, and the carpet was burning—there was no gas in the room; he had a candle, but it was knocked out and was lying on the floor—the prisoner was not in his room then; he was down below—I managed to put the fire out—the prisoner then came upstairs to his ream again, and we persuaded him to dress—I said "Mr. Day, hew did you manage this, did you do it accidentally or purposely?" he said "I done it purposely, because you gave me warning to leave"—I took him to the police-station, and gave him into custody—I firmly believe that he was not in his right state of mind; he seemed in a regular state of delirium, I don't know from what cause, but since the occurrence we have heard that he had come from a private asylum.
Cross-examined. I think he had been linking; he kept intoxicating liquors in his room, and drank them—I have since heard that he had been confined by his own will for two years as a dipsomaniac—he had only been with us four or five days—he was in his shirt at this time—the candlestick was on the floor, broken—if a light had been accidentally set to one of the curtains all the burning I saw might have taken place from that—there' was muslin on the toilet table between the two windows—I don't knew whether a window was open.
SARAH HALLETT . I am the wife of last witness—on this Sunday night I heard a crackling noise; I awoke my husband and the servant, and went downstairs—I saw the prisoner standing in a state of stupor in the passage—I did not speak to him—I ran out into the street, and called for help when I came back I got a light—he still stood there; he seemed not to
realize what wag going on—he was in his night shirt—after they got him upstairs and dressed him I went into the room—the fire was then out—I said to him "Mr. Day, tell me truly how it happened"—he replied "I saw the curtains, and put a light and made an ass of myself."
Cross-examined. He was under the influence of drink—he seemed to be in such a funny peculiar manner I could not tell whether he was drunk or not. being in the house so short a time, I had not had time to go for a reference, and did not know where he had come from—I knew he had spirits in his room; I understood that he suffered great pain, and was under medical treatment—he had no solicitor before the Magistrate—he asked me there "Do you believe that I did it intentionally?" and I said "I do not believe you did"—I believe he did not know what he was saying or doing, but we were excited then, and gave him in charge.
THOMAS WILKINS (Policeman Y 307). I was called to the house about 20 minutes past 12 in the morning of 5th April, by Mr. Hallett, who said he should give the prisoner into custody for setting fire to the place—he appeared to be very stupid, as though he had been drinking previously and was recovering from drink—I said to Mr. Hallett, "What proof have you that he set fire to it?" he said "He must have done it"—I looked round the room and saw what had occurred, and I refused to take him into custody, because I did not think he did it intentionally—I went to the station and informed the sergeant on duty what had occurred—I then went back, and at the corner of the street I met the prisoner with the prosecutor and they went with me to the station—on the way there the prisoner said, "I done it by accident."
Cross-examined. He seemed stupid, and I could make no sense of him at all—I thought he was suffering from delirium tremens—he seemed excited, he made replies that I could not understand, talking wildly—from what I saw in the room I formed the opinion that the fire was accidental—if the candle had fallen against one of the curtains the fire might have spread from that.
Cross-examined. He was all of a shake, he did not seem to know what he was doing, he was not violent at all.
The Prisoner's Statement before the Magistrate. "It was entirely accidental."
Witness for the Defence.
DR. HERBERT TIBBITS . I have an establishment at Burleigh House, Highgate, and also in Cavendish Street—I have known the prisoner about two years—during the greater part of that time he has been a patient of mine as a dipsomaniac for habitual drunkenness—he goes on very well for a month, and then breaks out and gets very drunk for a week—drink makes him quite irresponsible for his actions, he does not know what he is about, he gets sodden with drink—he begins by getting drink and ends by getting so drunk that he tumbles about and is unconscious of what he is doing or saying, and has to be put to bed—I should not pay any attention to what he says when in that state.
Cross-examined. That would not depend on what he said, but on the amount of drink he had taken and the condition in which he was—if he answered questions rationally I should consider he was rational—he was under my care as an ordinary patient—he resided there, and left about two
days before this occurrence—I could not stop his going, I advised him to stop but he would not, he went away drunk.
NOT GUILTY on the ground of insanity.— Ordered to be detained until. Her Majesty's pleasure be known.
NEW COURT.—Wednesday, April 28th, 1880.
Before Baron Pollock.
THOMAS NEWLAND (Police-Inspector K). On Sunday morning, 21st March, about 3.10, I was called to the prisoner's lodging, 51, Orchard Street, Lime house—the door was open—his sister lives in the house—I found his wife on a bed which was covered with blood—her sister and his father were also there, but the prisoner had left—I was at the station about 6.30, when the prisoner came there—I knew him by his description, and I told him I had been looking for him since 3 o'clock, and should charge him with attempting to murder his wife by cutting her throat with a razor—I searched him, and found in his waistcoat pocket 'a knife and a piece of paper covered with blood, as if the knife had been wiped on it, but there was no blood on the knife—he said, "Is she dead?"—his left hand was very much cut, and I' sent for a doctor—I searched the room, but found no sharp instrument.
Cross-examined. The prisoner came of himself to the station.
ELIZABETH ANDREWS . I live at 51, Newton Street, Poplar, in the same house as the prisoner and his wife—my husband is a fireman—on Saturday afternoon, 20th March, the prisoner and his wife had words, and she threw a loaf at him, and ran upstairs, and then she would go out and went out—I heard a scuffle about 12.30, and went downstairs—I live above them—the door was locked—I knocked, and she opened it; and when I saw blood I was so frightened, that I ran for her father—the prisoner was standing by the fireplace; he was excited.
Cross-examined. The noise was such as would be caused by a person falling—the prisoner 'only had on his trousers and shirt.
JOHN PERKINS . I am the prisoner's father—I was fetched to his lodgings, and found him standing by the fireplace, and his wife standing by the bed in her night dress, which had blood on it—I said to my son, "What have you been doing of?"—he made no reply—I went for a doctor, and did not see him again.
Cross-examined. I saw blood on my son's hand—they have been married 8 or 9 years—I never knew them to live unhappily—they were both sober generally.
EMMA PERKINS . I am the prisoner's wife—we have been married nine years—I went out on 20th March, Saturday afternoon, and he came home while I was out, and his tea was not ready, and he was rather cross when I came home, and I had a jug in my hand and threw it at him—
I then went out about 6 o'clock, leaving him in bed, and stayed out five hours—I returned at 10.55, and he was still in bed—I woke him up to have his supper—he got out of bed and asked me where I had been—I refused to tell him, and said that I would go out again, and got up to do so; he tried to prevent me—we both fell over the machine stool, and when I got to the door I found I was bleeding—we struggled, but he struck no blow at me, it was only to prevent me going out again—I saw no weapon in his hand—when I got to the door, I was going up to my sister, but found I was bleeding, and said, "Oh, look here"—that was at my night dress—he said, "Emma, lie down," and I do not recollect anything more—I was removed to the hospital next day, and was there a fortnight.
Cross-examined. I left him in bed when I went out and found him in bed when I returned—after I got into bed I woke him to have supper—he had some bread and cheese, but I cannot tell whether ho had a knife—he would require one to eat it—he asked me where I had been, and I said, "Where I like"—he asked me again at supper to tell him; he said, "Will you make any excuse for where you have been?"—I said, "No," and while we were having supper a scuffle ensued, and I fell over the machine stool—I afterwards saw that his hand was out—he has always been very kind to me—I was not perfectly sober, but I have a perfect recollection of what took place—ho was quite sober; he had been in bed from 6 to 11.
MATTHEW BROWNFIELD . I am a surgeon, of 171, East India Read—on Sunday, 21st March, about 11 a.m., I was called to the prisoner's house, and found his wife in bed with two incised wounds on the front of her neck and the other at the side—I dressed them, and ordered her removal to the hospital—they were not dangerous of themselves, but they were in a vital place—they were clean cut wounds, and must have been inflicted with a sharp instrument; a pen-knife would do it.
Cross-examined. They might be done in a scuffle and a fall over a stool, if one person had a knife—one wound might have been dine in the struggle and the other in the fall—they might have been produced if he was struggling with a knife in his hand.
ELIZABETH ANDREWS (Re-examined). The prisoner was there when I came back from fetching his father, and I dare say he stayed there 10 minutes—this happened at 12.15, and I dare say ho went out about 12,30, but I did not see him go out, and did not see him again.
GUILTY of Unlawfully Wonting.— Eight Months' Imprisonment.
THIRD COURT.—Wednesday, April 28th, 1880.
Before Mr. Recorder.
MR. LILLY Prosecuted; MR. FRITH Defended.
The Prisoner stated in the 'presence of the Jury that he was
GUILTY , and
they returned that verdict; he also
PLEADED GUILTY to having been convicted in December, 1877.— Six Months' Imprisonment.
FOURTH COURT.—Tuesday, April 28th, 1880.
Before Mr. Common Serjeant.
MESSRS. MONTAGU WILLIAMS and MEAD Prosecuted; MR. RAVEN appeared for Crossley, and MR. A. B. KELLY for Green.
EDWARD ARTER . I live with my mother at 25, Queen Street, Brompton Road, and work at Mr. Orchard's, watchmaker, of South Audley Street—about 9 a.m. on Monday, 16th March, I was cleaning the brass work outside the shop, when Green and two others, I believe the other prisoners, came up—I used to go to school with Green—he said "Halloa, Sally, is this where you work?" I said "Yes"—the other two walked a little farther on towards South Street—Green then joined them, and they walked away together—on the Thursday evening I was going home through the park gates at the top of South Street, when I met the three prisoners, and Green "said "Halloa, Sally, just done?" I said "Yes"—they then asked what I covered up at night, and how much money I thought the master had in the shop—I said I didn't think he kept much money there—Green asked how much goods I thought he kept there, and I said I thought about 1,000l. worth—they asked me how I got in the morning—I said I rung the bell at the front door, and the servant opened the door, and then I went in the parlour and took the keys out of a little safe, and then I opened the doors—they asked me which way the assistant went home at night—I said I didn't know, but he went up South Audley Street—then they asked me where he lived, and I said "Somewhere at Notting Hill or Bayswater"—they asked me if my master had any diamonds—I said he had some in pins—they asked me where my master lived, and I said he lived at the other shop in the Gloucester Road—we had then got on to the Knightsbridge side, and they asked me to go to the Brown Bear public-house with them, where we had some ale and a biscuit; I think Webb paid for it—I saw Webb with his hand down as if picking up something, and he said "You can't always pick up these"—I saw 6d. in his hand, which he gave me—then he said "That is an old one," and he gave me another one for it—he said "How would you like to have a couple of hundred of them? you have got your hand on them"—the landlady then said that a soldier had just come in and lost 6d., and Webb said if he came in he should have it—as I was going away Green said to me "Don't tell my brother Fred that I have seen you"—he lives near me, and we are playmates—I left the
prisoners in the public-house—next day, Friday, about 1 o'clock, as I was going home to dinner, I met Crossley and Green on the other side of Rotten Row—Crossley, I think, asked me if I had been up Clerkenwell, and if I had got any watch cases from there—I said I was in a hurry, and must walk quick, and they walked quick with me—we got to the Brown Bear, and they asked me if I would go in and have some beer—I said "No," and Green gave me a penny, and asked me if I would meet them that night at 8 o'clock—I told them if they were there when I was I would, but I would not wait for them—I then went home to dinner—when I got back to the shop I told my master what had happened, and he sent me to the Vine Street Police-station, and I asked for Inspector Naylor—he was not there, and another inspector sent me on to Inspector Naylor's private house in Wardour Street, where I saw him and told him all—he wrote a note and gave me to give my master—I did so, and the same night went to Vine Street and saw Sergeant Pickles—they gave me certain directions, and I went back to my master's shop, and I left after shutting it up, and went to meet the prisoners, as agreed, at the South Street gates—they asked me if I had just done, and if they got some keys would I try them to my master's private door in South Audley Street, and I said "Yes"—we then got up to the gate which leads to the Brown Bear, and they went up towards the monument, and I went home—Webb had given me 3d., and one of the others 2d.—I was to meet them on Saturday at 8 p.m.—I had previously arranged to meet my master at the Oratory, Brompton, and I made a communication to him—I leave at five o'clock on Saturday—I kept the appointment with the prisoners, but only met Crossley and Green—they asked me if I could not get the keys—I told them Mr. Orchard did sometimes leave them in the safe—they said if he left them in the safe and I could get them they would come in the next morning, and then we walked out at the Grosvenor gates—they said "Let us come out of this path," and we went into a public-house in South Audley Street—they said they would not forget me when they got in, but I should not have it for a week or two—they ordered some ale, and put down 6d., and the man said he would not take it—Crossley said "That is good enough," and then they said "You don't want no beer, do you?" and I said "No"—Green gave me 2d., and I think Crossley gave me 1d.—he told me not to go down South Audley Street, and that it was only a whim of his—I said "All right"—he said that I might see him to-morrow at his brother's house, but I was not to say anything to him, and I was to meet them again on Monday—I then left and went into the park, where I met Inspector Turpin and constable Pickles by appointment—I did not see Green on the Sunday, but I met them on the Monday evening—the assistant had given me an envelope to take to Upper Grosvenor Street—I walked a little way with the prisoners, and then turned up a little path—I said "Oh, I forgot this note; I must take it to Upper Grosvenor Street"—they turned and walked back with me, and when we got near Grosvenor Street they said "We will meet you here as you come back"—I went to take the note, and when I came back I found the prisoners in custody.
Cross-examined by MR. RAVEN. I told the Magistrate that I went there on Wednesday—I did not know Crossley before—I met him five times—I first went into the public-house with them on Thursday night—I think I mentioned at the police-court about the prisoners asking me about the
diamonds—I don't remember whether I mentioned the watch-cases—Green and Crossley asked me about the keys—I think that was on Friday—I think I spoke of the note I had to take, when before the Magistrate.
Cross-examined by Webb. I swear I saw you first on Thursday night—the landlady said a soldier had come in and asked for some beer, and did not have any money—I next saw you on Friday night in the park waiting for me—I think you gave me 3d.; one of you gave me 2d.—I next saw you on Monday, when you were caught.
Cross-examined by MR. KELLY. I told the Magistrate that I was confused about the dates—I think I am right now—I went to school with Green's brother, and have been a companion of his—I have known the prisoner Green a little over a year—there was nothing extraordinary in his taking a walk with me—I first communicated with my mother on Friday after I came home from dinner—they asked me the first evening about my master's property, but I did not form the idea till Friday that they intended robbing him—I have talked these matters over with Pickles since then—he has not told me any dates—I told him I had made a mistake—I cannot pledge myself as to which of the prisoners put any particular question—I saw Fred Green every night.
Re-examined. On the Thursday, Friday, and Monday the prisoners were all together, and could hear what each other said, and on Saturday the two were walking so that one could hear the other.
MARY ANN PRIDWELL . My husband keeps the Brown Bear, 44, Albert Gate, Knightsbridge—about a month or six weeks before the hearing before the Magistrate I was serving in the bar when a soldier and a woman came in—some ale was called for, and the soldier put his hand in his pocket and said he had dropped 6d., and I did not let him have the ale—afterwards Green, two other men, and Arter came in—I know Green by sight, but cannot identify the others—one of them picked up something, and gave it. to the boy—I said, "A soldier has just dropped it," and they said, "If he comes back we will give it him."
THOMAS PICKLES (Police Sergeant C). About 7.45 p.m. on 19th March I saw the prisoners standing in Park Lane, close by a' little gate leading from South Street—Arter came up South Street, and the prisoners followed him into the park and seemed to enter into conversation with him—they walked across the path leading by the east end of the Serpentine—when they got there they stopped two or three minutes in conversation—the boy then left them, and went on through a small passage leading from the high road, Knightsbridge, and they turned the same way directly after—I did not watch them further that evening—on Saturday evening about 8.30 I saw Crossley and Green standing by the same gate on the south side of Park Lane—they waited there two or three minutes, and then they went down to Mr. Orchard's, 69, South Audley Street, and walked up into the doorway—there is a glass panel in the door, and they looked through that into the shop—they then came back up South Street, and after a minute or two Arter joined them—they then came out into Park Lane, and walked down Grosvenor Street as far as South Audley Street—they turned into South Audley Street, and I lost sight of them—I next saw them on Monday evening waiting by the same gate—Arter joined them, and they walked down to the path which leads under the trees, where they turned to the right, going up towards Grosvenor Gate—the boy left them, going out
through Grosvenor Gate, and Turpin took Green, and Robertson took Webb—Turpin told them they would be charged with conspiring together to incite Arter to commit a felony—Crossley made no reply—Green said he thought we had made a mistake.
Cross-examined by MR. RAVEN. I saw the three together twice, and saw Crossley and Green together three times, Webb being absent on Saturday.
Cross-examined by Webb. I said before the Magistrate that I saw you in conversation under the trees—I said nothing about the path—the trees overshadow the path for half a mile.
Re-examined. Without leaving the path they could have a conversation under the trees.
WILLIAM ROBERTSON . I belong to the Criminal Investigation Department—I was with Turpin and Pickles, and took Webb, who was charged with the other two with inciting the boy to commit a felony—he made no reply.
GUILTY .**— Eighteen Months' Imprisonment each.
MR. GEOGHEGAN Prosecuted; and MR. RAVEN Defended.
HARRIET RICHARDS . I live at 29, White Lion Street, Clerkenwell, and am the wife of Edward Richards—at about 8 p.m. on 21st February, I had been to Collins's oil shop, and was at my garden gate with a bag which contained various articles of marketing—I had a purse in my hand which contained about 12s. and a small sovereign purse containing three old coins—the prisoner and another young man wrenched the bag from my hand, and one of them caught hold of my purse and twisted it out of my hand—I was held round the neck, and the prisoner put his hand over my mouth—I called for help—the one behind let go of me, I fell, and they ran away—Henrietta Moult came up to me—I saw the prisoner at the station on 3rd April, and he asked me not to charge him and he would give me a sovereign—I was taken there by the police.
Cross-examined. There were two or three men—I was in a state of terror, but I am certain there were not more than three—I could have told their figures, but could not swear to their faces—when he offered the sovereign he had been picked out by a witness.
HENRIETTA MOULT . I live at Islington—on 21st February, a little after 8 p.m., I was at the corner of Baron Street and White Lion Street, and saw the prisoner with three or four others at the oil shop corner—the prisoner said, "We will wait till the old b——comes out"—I knew the prisoner by sight, and the prisoner put his hand in my back pocket—I was waiting for my lady friend—I waited about 10 minutes, and one of them said, "You wait and I will keep watch"—the prisoner walked away and came back, and then I missed him again—in five or ten minutes I heard a scream of "Help," from the direction of White Lion Street—I ran down White Lion Street to Mrs. Richards, and saw the prisoner leaving go of her neck and they ran away—I helped her into her house.
Cross-examined. I don't do any work—I know the prisoner by sight—
I used to work a few doors from him—Baron Street runs into White Lion Street, no I could see down both streets—the prisoner never said anything to me before, or the others—I cannot say how many there were there—they were all standing in a ring talking—I saw the prisoner's face—he was standing among the others—I don't know who said "the old b——," because I did not stand looking at them—I was cross-examined at the police-court by the prisoner—I did not say that I saw the prisoner and another boy running before him—it occurred three or four doors down White Lion Street—I said 300 yards, because I did not know the length, but when I turned into White Lion Street I was about the length of this room from the prisoner—there was a lamp there—I only saw the side face of those running away.
Re-examined. I worked at a public-house on Pentonville Hill for nine months—during that time the prisoner worked at a toy shop two or three doors off—I saw him every day—I have no doubt as to him—I had not spoken to him before that night.
EDWARD HEARN (Police Sergeant N). I took the prisoner on 3rd April, as he was leaving the House of Correction, Coldbath Fields—I told him the charge, and he said, 'Briggs done it"—Briggs was apprehended at the same time—they were placed among eight others at the station, and Moult was brought in—she identified the prisoner only—the charge was read over to him, and he said to the prosecutrix, "I will give you a sovereign not to charge me, I don't see why I should be charged and the other not," pointing to Briggs, "as he was with me."
Cross-examined. The prisoner was apprehended through inquiry, and by Moult's identification, with Briggs as being disorderly persons.
ALBERT ROBINSON (Policeman G 254). I was on duty in Pentonville Road, on the night of 21st February, and saw the prisoner and five others near the Angel—I saw them go to the corner of Baron Street—I saw them moving about there and heard a cry—I ran across the road, and a woman, not the prosecutrix, made a complaint to me, and the prisoner and the others ran down Pentonville Road—I followed the prisoner and another and took them, and charged them with robbing a lady, and attempting to steal some braces.
Cross-examined. I said at the police-court that I took them as suspected persons—I took Briggs at the same time as the prisoner.
GUILTY of robbery only.— Fifteen Months' Imprisonment.
MR. RIBTON Prosecuted.
HENRY HOLSTEIN . I keep a public-house at 32, Harbour Street, Kingsland Road—on Thursday, 16th March, I closed my house as usual and went down in the cellar—at about 11.50 I heard a noise just over my head, went up and looked over the bar, and saw the prisoner lying there—he had his hat and boots off—I asked him what he was doing—he said "Nothing"—I had seen him in the house just before 11 o'clock, in the same part—he was not there when I shut up—nothing was undone—he tried to get out—I shoved him back, and gave him in charge—he was sober—I have seen him in the house before.
Cross-examined by the Prisoner. The barman called out, "Time, please gentlemen," and you went out at 11.
HENRY EAST (Policeman N 511). I heard cries at the prosecutor's place, and went and saw him and the prisoner struggling in the doorway—the prisoner had his boots in his hand—we put them on and took him to the station—he was perfectly sober—he said "You have no charge against me."
The Prisoner's Statement before the Magistrate. "I was in this public-house about 7, and I stopped there till 9, and I then went for a walk, and came back about 10, and stopped there till about 11, and I came out and went for a walk, and as I came back I saw the door open two or three inches, and not being exactly sober, I went in, thinking I should be served.
Prisoner's Defence. I have lived close to this public-house for 20 years in one house. I am a hardworking chap. I am very sorry for what occurred. I had been drunk before and took my things off in the street.
GUILTY **.— Fifteen Months' Imprisonment.
HENRY THOMAS WILLIAMS . On 24th March I lived in Heneage Street, Spitalfields, and about 1 a.m. I was going through Heneage Street—the prisoner came up and put his hands in both my pockets and took out all I had—after that he knocked me down with his fist and ran away—I ran after him and called out "Stop thief," and he ran almost into the policeman's arms—I had my money, which was all in coppers, in my right hand pocket, and my tobacco box in my left.
Cross-examined. I am a baker—I was not in employment at that time—I was looking after a situation—12 at night may be the best time for that; somebody might be taken ill, and I could take his place—I might have been into; two or three houses of call for bakers—I was quite sober, I had no means of being otherwise—the Inspector asked me if I had been drinking, and I said "I might have had a pint and a half of beer"—I was locked up for being drunk and incapable, but Mr. Hannay discharged me—I had not drunk much that night—I did not see the watchman pick up the tobacco box—I ran after the prisoner as quickly as I could.
Re-examined. I have no doubt of the prisoner—I identified him by his features—I never lost sight of him—of course his back was to me—he struck my face with his fist, which knocked me down—I was not drunk.
JOHN HARRISON (Policeman H 34). I saw Williams on the night of 24th March, and I saw the prisoner turn round sharp on Boundary Street out of High Street—Williams was calling "Stop thief"—he was drunk—I stopped the prisoner, and Williams came up and said "I wish to give this man into custody for robbing me"—I said "You hear what this man says"—he said "I know nothing about it," and put his hand in his pocket and threw something from behind him—I said to the watchman "Pick it up"—he did so, and gave it to me—Williams recognised it as his at the station—the prisoner was searched, and one shilling and three pence in bronze found on him.
Cross-examined. Williams was drunk, and was taken before the Magistrate next, morning—he was bleeding across the nose—he appeared to have fallen down.
The Prisoner's Statement before the Magistrate. "I plead guilty."
GUILTY **.— Fifteen Months' Imprisonment.
NEW COURT.—Thurday, April 29th, 1880.
Before Baron Pollock.
389. WILLIAM MITCHELL (26) , Rape on Alice Sayer. MR. POYNTER Prosecuted; MR. COOKE Defended. The Jury being unable to agree were discharged without giving a verdict, and on a subsequent day the prisoner was tried again before another Jury and convicted of the attempt.— Twelve Months' Imprisonment.
THIRD COURT.—Thursday, April 29th, 1880.
Before Mr. Recorder.
MR. SAFFORD Prosecuted; MR. GEOGHEGAN Defended.
JOHN ROSENBLATT . I am the father of Kate Rosenblatt, who was 18 on the 13th January last—she lives with me at 16, Floodgate Street, Whitechapel—I had a notice of vaccination given me at the time of the registration of her birth and also a certificate of her birth—I produced them at the police-court—I have known the defendant about nine months—my daughter pointed him out to me in the street about 12 months since—about nine months since he called on me and introduced himself as Jacob Barnett—he said he had taken a liking to my-daughter and wished to keep company with her—I said I thought it was rather a liberty on his part, not knowing who he was, and that my daughter was too young for any such thing as that, and I showed him the notice of vaccination—I had her registered in 1862—he was satisfied of the fact—at a third conversation I told him I would hear no more of it—a few weeks later I got ruined by a man named Butler—three or four days after the defendant asked ma again for my sanction—there is a ceremonial among the Jews of betrothal—on the 6th October I was quite ignorant of any intended marriage—I had no objection to him when I found there was nothing detrimental to his character, but my daughter not liking him I could not give my consent.
Cross-examined. I said at the police-court that I had known the defendant since he first followed my daughter—I knew of his existence five years ago—his financial position was immaterial to me if his character was good; certainly it was acceptable—the last time I saw the defendant before commencing the prosecution I think was when he assaulted my daughter with the intention of outraging her, and he was bound over to keep the peace—I borrowed 6l. from him on the 4th October—he gave my daughter presents before he so deceived her; he gave her a gold watch and chain which turned out to be brass—I first knew of the marriage on the evening of the 28th October—my daughter is now in her nineteenth year—I made inquiries at once, but finding that the price of proceedings would be ridiculous in my circumstances, I had to give up the idea until I went to that noble institution the Protection Society, and they have given me assistance—I believe they watched the case at the first hearing—they
advised me to. go on myself first—these pawntickets (produced) relate to things I have pawned which were in my daughter's care, and I said I would fight him with his own weapons—4l. 10s. was lodged in the bank to the credit of Mrs. Kate Barnett by the defendant; that was put towards making up as much as we could—Lewis and Lewis required 50l. or 60l. to set the prosecution on foot—I raised about 11l., but it dwindled away like water—I said before the Magistrate that the defendant could read and write a little; he is a poor scholar; he and my daughter used to read to each other—my daughter and the defendant did not go out together—he forced his entrance five or six times; I don't mean that he broke the door open—on one occasion I sent for a policeman, but before he came the defendant was gone—the defendant had a house; I went to see Mr. Emms, a solicitor, about it, but I thought the deed was not properly drawn up, and I advised him to have it properly done—I never heard anything more horrible said than that I went to the solicitor's office and asked the defendant to get my daughter's name put in the lease as the tenant of the house—the defendant paid out the brokers for me to the extent of 6l.—he became security for a loan for me about the same time, but he did not pay that; I owe him still about 27s.
Re-examined. He has come into the house, and I have ordered him out—I had to take legal proceedings to protect my daughter—this is the vaccination notice (produced).
WILLIAM EDWARDS . I am Registrar of Births and Marriages for the Whitechapel district—I attested this notice of intended marriage on the 6th October (produced)—I recognise the defendant—the notice was read to him, and he signed it, giving his name as Jacob Barnett, and the girl's name as, Kate Rosenblatt—he described himself as a bachelor, and her as a spinster, and his age as 3l., and hers as 2l.
ALEXANDER ROSENBLATT . I am Kate Rosenblatt's uncle—in the early part of last September, in the course of conversation with the defendant, he said "My daughter Caroline was a big girl like Kate"—I said "She is 18 months older than my daughter," and she would be 17 on the 29th August next—he said "Oh, it is right, I have seen Kate's vaccination paper."
Cross-examined. I have known the defendant some time—I have seen him at my brother's house—I have seen him and Kate chatting together about August or the beginning of September.
WILLIAM VALLANCE . I am Superintendent Registrar of Marriages for the Whitechapel district—I produce my book, containing an entry of a marriage which took place between the defendant and Kate Rosenblatt—I do not recognise, the defendant—he is described as 3l., and she as 2l—I have no recollection of the circumstance.
Cross-examined. Whatever replies were made to my test questions would be made by Kate—the entries in this register are taken down in the first instance from the notice duly entered and declared to by the parties—the Registrar next asks any additional questions required, as to the father's name and occupation—wherever a party is of the exact age of 21 years, it is my practice to ask certain test-questions of the party whose age is so stated—my form of question is usually in these words: "You are 21 years old last birthday, when was; that?" and the party questioned would answer—I have no doubt Kate Rosenblatt gave me the age of 21, but I cannot recall
the exact circumstance, and this question not being always put in the same form, I am not in a position to swear—the marriage certificate is also signed "Kate Rosenblatt," in a woman's handwriting, undoubtedly in my presence.
Re-examined. The questions I ask are not obligatory—the certificate I issue is final—Registrar makes the entry—those are merely test-questions of my own after the issue of my certificate—my certificate is a sort of notice that 21 days have elapsed, and no caveat is issued, and that the parties may be married, and when they come to be married at my office I ask further questions.
NOT GUILTY .
NOT GUILTY .
MESSRS. FRITH and GRAIN Prosecuted; MR. LILLEY Defended.
WILLIAM HENRY MORRIS . I am verger of Clapham Parish Church—on 20th June, 1876, a marriage took place between the prisoner and a woman whom I pointed out at the police-court on the 25th March last—I saw them both sign the register, of which this is a copy (produced)—one is described as a bachelor, and the other as a spinster.
Cross-examined. I have not compared that with the original—from the time of the alleged marriage I had not seen the parties until I saw them at the police-court—mine is the parish church on the common—the marriages are numerous—I have not seen the woman here—I signed the register as a witness; that is one reason why I remember it.
Re-examined. Another reason is that they did not pay the fees—I believe they have been paid since.
EMMA WHEELER . I live at Harefield, Middlesex, with my father and mother—I made the prisoner's acquaintance at the beginning of October, 1878—I had some private property at that time—he offered me marriage, said he was a traveller, that he had a family and had been a widower for nearly six years—on 13th February, 1879, I went through the ceremony of marriage with him at St. Peter's, Eaton Square—Mr. James Barker and his daughter were the witnesses of the marriage—I obtained from the vestry clerk this copy of the register (produced).
JAMES BARKER . I live at 94, Pimlico Road—on the 13th February, 1879, I was present at St. Peter's, Eaton Square, and saw the marriage performed between the last witness and the prisoner—I gave her away, and signed the register as a witness—to my knowledge they lived together as man and wife—I saw them sign the register at the church.
JAMES BUXTON (Police Sergeant B). About 8 o'clock on the 24th March, from instructions I received, I went to the Peckham Police-station and found the prisoner there—I told him I should take him into custody for committing bigamy by marrying Emma Wheeler, his former wife being then" alive—he said, "I am innocent."
The Prisoner's Statement before the Magistrate. "The lady I married at Clapham had got a husband living, who is living now. I charged her at the Old Bailey before Commissioner Kerr for bigamy. This very gentleman,
Mr. Lambe, was my solicitor at the time, and has got all my papers. At the time of the trial at the Old Bailey the husband was in Court, and for want of a witness that her husband was living at the time she was not prosecuted: I mean not convicted, and I was free to marry whom I liked. It is a son of mine who is doing all this; he had been bound over twice; he is in Court now, one of the biggest vagabonds that ever lived."
Witnesses for the Defence.
FREDERICK MURPHY (Policeman H 241). I produce a certificate of marriage, which I have compared with the original and found correct—it relates to a marriage solemnised in the parish church of East Wickham, Kent, on the 5th July, 1855, between William Alfred Hardcastle, aged 23, bachelor and traveller, living at East "Wickham, and Eliza Emily Harris, aged 19, spinster, living at East Wickham—I was present at this Court before Mr. Commissioner Kerr when the woman there mentioned was charged with bigamy—the prisoner then gave evidence—I last saw the woman about nine or ten weeks ago—I watched her—she was with some strange man, and when she saw me she said "Good morning"—I said "Good morning," and she said, "That is the policeman who had me in custody"—I am certain she is the same person, I have seen her so often.
Cross-examined. I was not at the Westminster Police-court on the 25th March; I only heard of it last night—Hardcastle was present at the trial of the woman for bigamy.
WILLIAM ALFRED HARDOASTLE . I live at Harleyford Road, Kennington—I was married to Eliza Emily Harris on 5th July, 1855—I have not seen her for about four years, and I don't want to—I saw her at the trial for bigamy in January, 1878, and have seen her since, but not to speak to.
Cross-examined. I should think we lived together as man and wife till 1876—I have not seen her to speak to for four or five years, I cannot tell exactly; I have had so much domestic trouble.
Re-examined. I have nine children by her.
NOT GUILTY .
395. LEONARD GEORGE CROWLE was again indicted for allowing to be inserted in a certain register of marriages a false entry relating to his marriage with Eliza Emily Hardcastle, to wit, that he was then a bachelor. George Crowle. I am a son of the prisoner's—my late mother died in 1873—I obtained this certificate of marriage (produced) from the vestry of All Souls', Marylebone—I compared it with the book in the vestry—it is dated 1852, and relates to a marriage between my father, a bachelor, and Sarah Martha Taylor, spinster—she was my mother—I attended her funeral at Battersea in August, 1873—I have five brothers and one sister by the marriage.
Cross-examined. I am the son referred to in my father's statement before the Magistrate—I was bound over at Greenwich for using threats to him in a perjury case—I was in the employ of Mr. James about 15 years ago—I am 26—I was not dismissed for dishonesty—my father went and got me out of my situation—I will not undertake to say that my master did not threaten to prosecute me.
Re-examined. No threat of prosecution was made in my presence—I was bound over in 1879 for six months—I had no opportunity of making any explanation, or I could have proved I was innocent—I have instructed Mr. Lambe to prosecute my father for perjury.
By MR. LILLET. I was also bound over at Lambeth.
By MR. FRITH. I had to pay 2s., I believe, for the costs of the summons.
EDWARD ARMITAGE . I live at 28, Old Town, Clapham, and am the parish clerk—I held that office in June, 1876—I produce the register of marriages, wherein I find an entry of the marriage of Leonard George Crowle and Eliza Emily Hardcastle, 20th June, 1876, by licence—I have reason to believe the prisoner is the same man—I have net seen him since I—at all events, a man calling himself Leonard George Crowle, answering the description in the register, presented himself that day, and gave me this licence—it was my duty to take particulars from the parties for entry in the register, and to make the entries—I asked him if the particulars contained in the licence were true, and he gave me to understand they were true—the licence would state their condition—the prisoner is entered in the register as a bachelor—I should ask him twice whether what appeared in the licence was correct—I should ask him when be gave me notice of the marriage, and when the entry was made—if I had known any statement to be untrue I should have told the officiating minister, and he would not have married them, and the curate is very careful—I saw the parties sign the register—I cannot say whether they were together.
Cross-examined. I don't suppose I had ever seen the prisoner before the marriage—we average about 100 marriages a year—I don't profess to recollect all.
Re-examined. To the best of my belief the prisoner is the man—I also remember that we had some difficulty* in getting the fees—he came and annoyed me at night—the fees would be about 1l. 10s. William Henry Morris. I am the verger of the parish church, Clapham, and was so on the 20th June, 1876—I remember the marriage between Leonard George Crowle and a woman named Hardcastle—I have no doubt as to the prisoner being the man—I saw hint sign the register (produced).
Cross-examined. I had not Been him before, and have not seen him since.
NOT GUILTY .
MESSRS. POLAND and M. WILLIAMS Prosecuted.
CHARLES BIRCH REYNARDSON . I am lieutenant Colonel 2nd Battalion Grenadier Guards—on the 12th March I was in command of the Queen's guard, St. James's—about 7.45 that night the prisoner came, and said he was a servant of Captain Hitchcock, Brigade Major, Chatham, that he had lost his great coat and money in it and a soldier's pass, and did not know what to do; that he had asked a policeman, and he had recommended him to come to the office of the guard—I sent him to the guard-room to write a statement, which the sergeant of the guard brought up to me, and I sent him 3s. to pay his fare in consequence of his statement.
Cross-examined by the Prisoner. I said before the Magistrate that I doubted your statement—I gave you 3s. because you implied you wanted it—I can't say you asked me for it—I asked what your fare was, and you said 2s. 9d.—I believed that—I said "I don't wish to mistrust you, but I
have been taken in before"—then I requested you to write your statement I in the guard-room—I did not send you the money before then.
Re-examined. I saw the prisoner again on the 6th April—he ran away, and I followed him in a cab.
ROBERT HADWELL . I am colour-sergeant 2nd Battalion Grenadier Guards—on the night in question the prisoner came to me—I gave him a pen and ink, and he wrote the name and address which has been given, and said he wanted to get back to Chatham—I took what he wrote up to Lieut.-Coi Reynardson, and he gave me 3s. to take to the prisoner.
SAMUEL JAMES (Policeman 319 B). At 1.45 o'clock on 6th April the prosecutor called me to St. Peter's School, Ebury Road, where I found the prisoner—I said "Come out of there, I have to take you into custody"—the prosecutor said he had a warrant against him for obtaining money by false pretences—the prisoner said "All right, I will go, but he has made a mistake; I am not the man."
HENRY MARSHALL (Inspector Criminal Investigation Department). On 6th April, I saw the prisoner at College Road police-station—I produced the warrant and read it to him—he said, "I know nothing about it, it must be a mistake"—I said, "What is your name and address?"—he said, "My name is Charles Devere, but I refuse to give you my address"—on the way to the station he said, "You have read the warrant to me, but I do not quite understand it"—I said, "I will explain it to you; it is for obtaining 3s. from Colonel Reynardson, by representing that you were servant to Captain Hitchcock, of Chatham"—he said, "Oh! I know Captain Hitchcock very well; but if I did that, I may have done it, I must have been drunk"—I wrote this from his dictation at Newgate. (This stated that a certain George King had been associated with him in various robberies.) He signed it in my presence.
BURNETT HITCHCOCK . I am captain of the 53rd Regiment, Chatham—I saw the prisoner at Chatham, but had no previous knowledge of him. Mary Ann Paulding. I live at 21, Eaton Square—on 6th April, the prisoner called and asked to be paid a bill of 3s. 6d., for Stanford's Library, Charing Cross—I asked him to call again, and he said he was going to St. John's Wood, and would call back—he did so, and I then gave him the 3s. 6d., and he wrote this receipt (produced), and he said he was sent from Stanford's Library.
GILBERT BLIGHT . I am cashier to Mr. Stanford, 55, Charing Cross—the prisoner was not in his employment, nor was he authorised to receive any money for him—I believe he was employed there in 1873. Thomas Hoggard. I am a butler, at 17, Grosvenor Gardens—on 30th March, the prisoner called and said he was collecting accounts for Stanford's, Charing Cross, for books supplied—I asked him what books they were, and he said magazines, or something of that kind—I asked how much it was, and he said 3s.—I gave him the money, and he gave me this receipt (produced); I paid him, believing what he said.
Prisoner. I am guilty of this.
GUILTY .** He also PLEADED GUILTY to a previous conviction at Clerkenwell.— Five Years' Penal Servitude.
MR. GRAIN Prosecuted.
CHARLES BEST . I am proprietor of the Horseshoe, Tottenham Court Road—on the 3rd March, the prisoner and his daughter came to reside in the hotel—he was a stranger to me—he had two bedrooms and the partial use of a sitting room—I supplied him with all he wanted up to the 27th March—he asked me to lend him 10l., saying he had only Irish notes with him, and they were so difficult to pass in London, and he should have to return them to his bankers—I gave him the 10l.—on the 27th he asked for his account, which was properly delivered to him, and he came to my office and asked me whether I would take a cheque on his bankers—he owed me 24l. 5s. 3d., for hotel matters and the 10l.—I said, "Yes"—he then asked me to give him a sheet of paper, which I did, and he drew up the cheque, and I asked him if he wanted a receipt stamp—he said no, he had one—I asked him the name on the top of the cheque, and he said "Ballyhaunis"—he said that was his bank, and asked me for 5l. 14s. 9d. changel out of the cheque, which I gave him—I paid the cheque through my bank (the London and County, Oxford Street branch), the same afternoon—it came back in due course, marked "No account"—I firmly believed it was a straightforward cheque, and would be duly met—he told me he wanted to hold a drawing in respect of the "Short-horned Company," for the benefit of the poor of his district, and asked if it could take place at the hotel—I told him it was within the Lottery Act, and I could not have it drawn at my place—he sold the books of tickets to a number of my friends at 1l. each—I have never seen anything of the cow.
Cross-examined by the Prisoner. You gave me some names as references respecting the cow—you asked me whether the tickets would sell best at 1l., or 2s. 6d., or 1s.—I said for an Irish lottery such as are sent to me by post 1s. was the usual thing—I know you have received cheques from other gentlemen in the country, and they went through my bank and were cashed—during your stay you were a teetotaller—you told me you had sold a couple of horses to a Mr. Hutton for 200 guineas, and you asked me if he gave you a cheque whether it would be good—you asked me first if he had been a bankrupt, and I told you I had reason to believe he had from what I saw in the papers—you told me Mr. Hutton had given you an order on his secretary for 30l., that you were too late to get the money, and he had given you a letter—I said that had nothing to do with me—the London banks close at 3 on Saturdays—when you left you gave me your address in Ireland, and requested me to forward your letters—I retained them on receiving the telegram from Ireland for the order of the Court—I suppose many of them contained money from what you told me—there were not more than three letters in the establishment at the time I received the information from Ireland that the cheque was a false one—from what you told me I believed they contained 1l. cheques from various gentlemen from the sale of these books—I suppose now there are 30 or 40—you only wrote to me once, and that was the afternoon of Bank Holiday, when you wrote to say that you wished me to forward your letters still, but to hold the cheque over for a day or two, and I telegraphed that the cheque had been returned to me from Ireland unpaid on Tuesday morning—I do not remember receiving a letter or telegram from Stockton-on-Tees saying you were sorry to
hear about the cheque, but that it would be right in a day or so, as you were expecting to hear from Mr. Hutton—I inquired of the superintendent as to holding the drawing at my place, and he said it would not do.
STUART KILLEARY . I am manager of the Durban Bank at Ballyhaunis, County Mayo, Ireland—on the 27th March no one of the name of Charles Ellison had an account at our bank—the prisoner has never had an account there that I know of—I received this cheque (produced), and sent it back as marked now—the prisoner had no authority to draw.
Cross-examined. I have known you five years—I never heard anything against your character till now—I know you have a farm and residence within about five miles of where I live—I know you are a Poor Law Guardian of your county, and I have heard that you have conducted yourself satisfactorily—we should have met the cheque if you had sent the cash first—I do not know that that is done by banks in Ireland, but we should have done it in your case—I believe you had an account at one of our branches—I know you are a married man with seven children to support.
Re-examined. I know the prisoner was bankrupt.
The Prisoner. That is 12 months ago—I passed through honourably.
THOMAS PARTRIDGE (Detective Sergeant E). From instructions I received I went, on the 3rd April, to South Stockton, north of Yorkshire, and on the 4th I went to the police-station, where I found the prisoner detained—I told him I was a police officer from London, and had a warrant for his arrest for obtaining 5l. 14s. 9d.—I asked him if he would like me to read the warrant to him—he said "Yes," and I did so—he said he was very sorry, but at the time he gave the cheque he thought some friend of his would have paid the money into the bank to meet it—I saw his brother-in-law at Bow Street, and had some conversation with him in the prisoner's presence—he had previously been bail for the prisoner, and he told me the prisoner had no means whatever now, that he had already spent a good deal on him, and could do no more—the prisoner did not contradict it—I found these documents on him (produced)—I brought him up from Stockton.
The Prisoner, in a written defence, stated that he fully depended upon Mr. Hutton, a friend of his, to whom he had sold two horses for 2001, paying the money before his cheque reached its destination, and that he never contemplated any fraud.
He received an excellent character.
NOT GUILTY .
FOURTH COURT.—Thursday, April 29th, 1880.
Before Mr. Common Serjeant.
399. WILLIAM NEVILLE (26) to two indictments for feloniously receiving 17l. 8s. 5d. and 28l. 5s. 2d. from William Duncan and another.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.]
JOHN SKELTON . I am a barber, of Three Colt Lane, Bethnal Green—I locked up my house quite safely about 12 p.m. on 2nd of April—I was aroused about 3 o'clock the following morning by the police—when I got up I missed the looking-glass and two pictures and frames (produced), also two books—I afterwards identified them at the police-court—I found the shop-door prised open—the street-door was also open—the goods are worth 2l.
GEORGE WIDNER (Policeman K 641). About 2.30 a.m. on 3rd April I was walking in Bartholomew Place, Bethnal Green—I saw three men coming towards me—the prisoner was one—he was carrying this looking-glass and pictures—I said "What have you got?"—he said "All right, sir, we ate moving from 184, Bethnal Green "Road," and that they belonged to him—I said "Where are you going to live?"—he said "In Commercial Street"—I said "What makes you so late moving?"—he said "I stopped to have a parting glass with the people in the other part of the house"—I walked with them to the next lamp, and looked at their faces—I said "You had better come along with me to 184, and see if it is all right"—one of them disappeared—I caught hold of the prisoner and the other, and we went towards Bethnal Green Road—suddenly the other man kicked me in the leg, and said "Shoot"—the prisoner then threw the pictures and glass on to my forehead and cut it, also breaking the glass in the picture-frame—I threw the prisoner down—he struck me about the body when he was down—I drew my rattle, hit the prisoner with it, and then sprang it—the other man ran away—a constable came up, and he carried the property to the station—I took the prisoner—on the way to the station he struck me on the eye, and I had great difficulty in getting him there—I then went to Three Colt Lane and examined the shop-door—the box of the. lock had been prised—the shop-door opens into the passage.
The Prisoner's Statement before the Magistrate. "The man who was with me said his mother expected a distress in, and wanted me to help him away with the things."
The Prisoner repeated this statement in his defence, aud added that the man said he lived at 184, Bethnal Green Road, and wanted to move early to escape the brokers.
GUILTY .— Fifteen Months, Imprisonment.
GEORGE STONE . I am a manure dealer, of 35, Room Street, Limehouse—on 25th March, about 11 p.m., I was at the corner of Cromer Street, having previously been into a public-house with a woman named Sarah Verden—she was still with me—some one tripped me up, and gave me a black eye—I felt my watch go from the chain—this is the chain—I was stunned—I had my watch quite safe when I came out of the public-house—the woman could not have knocked me down—I suffered much pain and weakness from loss of blood—I was attended by a doctor.
Cross-examined by the Prisoner. I did not see you in the public-house—I had been drinking with Mr. Oakley, a manure dealer, and others, but was sensible enough when I came out.
SARAH VERDEN . I am the wife of John Verden, and live at 6, Cooper's Buildings—on 25th March I had been with Mr. Stone from a quarter to 4 till a quarter past 11 p.m.—we were in a public-house in Cromer Street
between 11 and 12 o'clock—I saw the prisoner in the next bar—Mr. Oakley was with us—he went away—I left the public with Stone—Stone was tripped up from behind—I was walking in front—I saw the prisoner and another man—the other man ran away—the prisoner snatched Stone's watch and ran across Gray's Inn Road—I informed the police and gave them a description of the prisoner—I met him the next day and gave him in charge.
Cross-examined. I did not run after you and ask you for 2s.—I had been drinking, but was not drunk—I know you by sight, you are called "Foxey," and are one of a gang of gamblers.
ALFRED ROWAN (Detective Officer E). I received information from the last witness on the 27th—she gave me the prisoner's description—I subsequently took him into custody in a house at Payne Street, Barnsbury—I told him I was a police officer, and should take him into custody for stealing a watch from George Stone on the 25th—he made no reply—I took him to the station—I saw the prosecutor—his forehead was very much cut and swollen—Verden was sober.
Prisoner's Defence. What Verden says is false. She said she would lag me because her old man is lagged, if I did not give her a sovereign, and she has since said she would not have given me in custody only she was drunk. I had only just left work, and went for beer.
GUILTY .— Eighteen Months' Imprisonment.
MR. COOK Prosecuted; MR. KEITH FRITH Defended.
After the case had commenced the prisoner stated in the hearing of the Jury that he was
GUILTY , and they returned that verdict.
He also PLEADED GUILTY** to a previous conviction.—Five Years' Penal Servitude.
MR. RAVEN Prosecuted; MR. BRINDLEY Defended.
The evidence related to an affiliation summons, and is unfit for publication.—
NOT GUILTY .
DANIEL BROWN (Detective C). On the night of 13th April, about 10.30 p.m., I saw the prisoners in Murray Street, Seven Dials—I drew Pugsley's attention to them—I knew Taylor—we followed them into Soho Square—I caught hold of Taylor and Pugsley took hold of Ringwood—I said to both "Where are you going?"—Taylor said "To King's Cross"—I said "You are coming the wrong way for it; what have you got inside your coat?"—I saw it was bulky—he replied "Nothing"—I undid his coat and put my hand in his pocket and found this jemmy, knife, and key produced—Ringwood said "I was merely walking with this man"—I took possession of these things—Taylor said "Oh, it is nothing"—at the station he said he used the jemmy in his trade—it is used by burglars to force doors and boxes open; the knife to unlatch windows, and the key is a skeleton key.
Cross-examined by Taylor. It is not a brick chisel—it is a jemmy, though a very poor one.
WILLIAM PUGSLEY (Detective C). I was with the last witness in Moo Street, Seven Dials—he made a communication to me, and we followed the prisoners to Soho Square—we there stopped them—Brown seized Taylor, and I seized Ringwood—the jemmy, knife, and key produced were taken from Taylor—I commenced to search Ringwood—he said "You will find nothing on me"—I found nothing on him—Taylor said he was a bricklayer; before the Inspector he said he was a painter—Ringwood said he was an engineer—they gave addresses, which I went to—I do not know what they are.
Taylor's Defence. I was taking Ringwood to the Mischief Tavern to pay him 2s. which I owed him. If I had the things for an unlawful purpose I could have thrown them into the square. I picked the chisel up, and as I knew it would come handy to a handy man, who can do any mortal thing, I put it in my pocket.
RINGWOODS Defence. I asked Taylor for my 2s., and he said I should have to come to King's Cross if he could not get it at the Mischief Tavern, and we were going the direct way. If I had been doing wrong, I had from 10 to 15 minutes to get clean away.
Both prisoners GUILTY **(†).
TAYLOR also PLEADED GUILTY to a conviction at this Court in April, 1879, of uttering counterfeit coin.— Fifteen Months, Imprisonment.
OLD COURT.—Friday, April 30th, 1880.
Before Baron Pollock.
MR. RAVEN Prosecuted; MR. HORACE AVORY Defended.
ALFRED WEAVER . I live at 2, North Street, Bethnal Green, and am a labourer, employed by the City Commissioners of Sewers—on Saturday evening, 17th April, about 7.30, I was at the Cross Keys public-house, Blackfriars—the prisoner and Spencer were there too—I knew them both; Spencer worked at our place—after being there some little time Spencer said to Mills "Let us have a little spar"—they went outside, and were going to fight—an officer stopped them, and they came back into the house—Mills then went out and walked over Blackfriars Bridge—Spencer remained about half an hour, and then went over the bridge with his van—Mills pulled his coat off, and Spencer in getting out of the van slipped and fell on his backside—he got up and they went down on the embankment to fight—Mills said "Come on"—Spencer said "All right"—they did not fight—a police sergeant stopped them and said "If you fight here I will take you both into custody"—Mills walked on down Queen Victoria Street—Spencer followed—he bid me good night at St. Andrew's Hill, and I left him and walked on with Mills to the European, opposite the Mansion House, and had a drop of beer with him, Clayton, and Driscoll; that was about 8 o'clock—Spencer came in afterwards and had a glass of beer by himself—he said to Mills "I want to have this fight out"—Mills said "All right," drank his beer, and walked out—Spencer said "Don't run away"—Mills said "I shan't run away"—Spencer said "I will follow you like a leech"—we went to the corner of Broad Street—Mills said, "Are you going to have a drop of beer
before you fight or after?"—Spencer said "We will have a drop before we fight and a drop after"—we went into the Railway Tavern, Liverpool Street, and had some ale there—I believe Spencer paid for that—we than walked down to the bottom of the Avenue to a small paved court—I was persuading Spencer to go home—Mills shouted out, "Come on"—they bath pulled their coats off and fought—Spencer struck Mills in the mouth; that was the first blow—Mills then struck Spencer in the chest, and he fell and Mills on the top of him—I picked Spencer up; he was very nigh senseless—he fell on the top of his head on the stones twice—I stood him against the wall—Mills said to me, "If you don't get away, I will serve you the same"—it was the second time he fell that Mills caught him on the chest—after I had stood him against the wall, he went in again—there was an interval of about five minutes between the two falls—he did not get up the second time—I walked down the court frightened, and went into the railway station, for about half an hour, and when I came hack they were all gone—I heard Mills say an to Spences, "Where do you live? I will take you home, but he could not speal—I did not go to get any one to help him, because I saw a policeman coming up the court—I heard his head strike each time he fell—I did not see any how in the face—Spencer was drunk, he could herdly stand; Mills was about half or three parts drunk—we had all been drinking.
Cross-examined. At the Cross Keys Spencer knocked Mills's pipe out of his mouth; that began the sparring—they were both the worse for drink then—Spencer said to Mills, "You are a bigger man than I am, but I am as good a man as you;" he also said, "I will pay you to-night, if I go to Waltham stow to do it"—he said that going up the court where they fought—Spencer fell flat on his back as he got out of his van; he came down pretty heavily—I told the Coroner that when Spencer fell is the court it was not from a direct blow, but that they wrestled and fell together; but there was a blow in the mouth—they fell heavily—Spencer recovered himself after I stood him against the wall, and then he fell a second time on his head.
JEREMIAH DRISCOLL . I live in Frying Alley, Spitalfields—I work for the City Commissioners of Sewers—I was at the Cross Keys on this Saturday night with the others, and went with them to the Railway Tavern—when they came out into the court, the prisoner and Spencer took off their coats and had a bit of a spar—Weaver picked Spencer up and stood him against the wall—
I could not say that he was drunk—they were neither drunk nor sober—there were no unfair blows.
Cross-examined. Mills has always been a quiet, peaceable man; he was very much aggravated to this.
JOSEPH PHIPPS (City Policeman 882). I was on duty on this Saturday evening about 20 minutes past 9—I was informed that a fight was going on down the avenue—I went there with another constable and found the deceased lying on the ground on his back—on lighting a match I found that he had a wound at the back of the head, and he was bleeding from the left ear; he also had scratches about his face—he was unconscious—J had him conveyed to the hospital in a cab—I asked when I first got there, "Who has done this?" and Mills replied, "I have done it, police-man, and I had great provocation to do it; this man has followed me from the Cross Keys, Blackfriars, and I knocked him down; if I can assist you I will, I shall not run away"—I took him to the station—as far as I could see he was sober.
Cross-examined. He may have been drinking.
WILLIAM BYRNE . I am senior house surgeon at the Metropolitan Free Hospital in Commercial Street—the deceased was admitted there on Saturday week—I examined him—he was unconscious; he never rallied; he died on the Friday following—I made a post-mortem examination—there was a fracture of the skull coursing over the base of the brain, and a large clot of blood was effused about 3 inches in diameter, which comprised the anterior part of the middle lobe of the brain—there was a bruise on the back of the head, and another behind the left ear, and a large bruise on the small of the back—I did not see any marks on the face—the clot of blood was sufficient to cause death—every other organ was perfectly healthy.
Cross-examined. A fall would cause the fracture—I have he the description of his fall from the van—I don't think that would have fractured the skull—there is nothing inconsistent with its being so caused, or with its being caused by the first fall in the struggle.
The prisoner received a good character.
NOT GUILTY .
MR. BESLEY Prosecuted.
REV. EVAN JONES . I am a clergyman of the Church of England—from 1860 to 1866 I was curate of Caddockston, near Neath, and afterwards at Oakwood, an adjoining parish—when first at Caddockston I baptized a child of the prisoner's; I did not know him as a parishioner till then—he was an Excise officer stationed there, and appeared to be one of the most gentlemanly men in the parish—our intimacy was only parochial and ordinary—when I left he was still there—in 1867 I came to a Welsh living in London—I am now incumbent' of St. Benet's, Paul's Wharf—I am living at 324, City Road—I am married, and have two children—I next saw the prisoner about two years ago—he came to my house—he asked if I remembered him—I said "Yes"—he was very badly clad; his feet were through his shoes, and he was in a very dirty state, and pulling out his, shirt he cried bitterly and said, "I have not had a change for nine months"—I gave him a few shillings—he begged for some old clothes, and my wife got two new shirts for him, and I got him a pair of trousers and shoes and
socks—after that he came very often, and I used to give him a shilling to have his dinner and send him off—he said that he was looking for work—on one occasion I lent him a sovereign to help him to carry out some patent for erasing ink—I asked him how it was he had lost his situation and was in such a plight, and he told me that he had committed a felony by taking Government money and had nine months—I still went on giving him money and befriending him after he told me that—he sent me a letter previous to the one in question, asking for money, which I pitched into the fire—I saw him one day in January in the City Road as I got out of a tram; he touched me on the shoulder and begged for assistance, and I gave him 2s. or half a crown, and he thanked me and said he would never forget my kindness, crying bitterly at the time—that was after the first letter, and before I received this (produced)—this is his writing; it came by post (This letter was a request for further assistance, with allusion to an alleged statement by the witness as to familiarity between himself and the wife of one of his former parishioners.) The prisoner often came to the door after I received that letter, but I was always out; I did not see him.
Cross-examined by the Prisoner. We were first acquainted in 1860—you occasionally called at my place to have a smoke and I was occasionally at your place; we were not intimately acquainted—I never told you that I had been rather gay in my young days—I never told you that I had used a pick and shovel—I have preached as a local preacher with the Wesleyans—I was not a dissenting minister; as a young man I was brought up with the Wesleyans—after that I went to college at St. Bees.
WILLIAM PEEL (Police Inspector). I took the prisoner into custody on 2nd April, on a warrant, for sending threatening letters—he said "I sent the letters; I did not ask for money"—I said "You sent a letter before Christmas asking for money"—he replied "That was for a loan."
Prisoner's Defence. I wrote the letter asking for a loan. I did not demand any money. I promised to return it as soon as I got into a situation. The utmost I could expect from him was 2s. or 3s. If I had demanded money I should have written in a very different strain.
GUILTY .— Eighteen Months' Imprisonment.
NOT GUILTY .
NEW COURT.—Friday, April 30th, 1880.
Before Mr. Recorder.
MR. BESLEY Prosecuted; MR. MONTAGU WILLIAMS Defended.
MINA WEERD . I am a German, and came to this country in 1876—I went as lady's-maid to Mrs. Otway, of 13, Grosvenor Square, about July, 1876—the defendant had been tutor to her youngest son—he was not so then, but he came to and fro; he did not live in the house—a man named Vincent was the butler, and in August, 1878, his changing a cheque at Mrs. Loderhose's became known to Mrs. Otway, and the defendant made inquiries about it—I had nothing to do with removing a cheque from Mrs.
Otway's cheque-book—I have never tampered with her cheque-book, but sometimes I was asked to fetch it—I never tore blank cheques from it and gave them to Vincent—it was discovered while Vincent was in the service that he had been in prison—the defendant reported that Madame Loderhose had a letter which I delivered by Vincent, asking her to cash a cheque and retain 10l. for me—I said that I could not believe that my writing could be forged, and I should like to see it, as I thought there must be a mistake—I insisted on the letter being produced, but I never saw it—I can swear 100 times over that I never wrote such a letter—I gave an explanation to Mrs. Otway, and she continued me in her service—I remained there till April, 1879, and then went into Lady Johnson's service, in Belgrave Square, to whom Mrs. Otway gave me a character—a day or two before I went to Lady Johnson's a detective came to me and asked me to go to Bow Street and make a deposition against Vincent, and I did so—in August last I went into Lady Dunraven's service, and remained there till November—I then went to the lady I am with now, in Warminster—Mrs. Colby is not a relation of mine, but a very great friend; she sent me the letter—this letter is the defendant's writing—this is the first opportunity I have had of going into the witness-box and denying complicity with Vincent—Mrs. Otway made me presents of money and other things, and I am wearing a brooch which she gave me—I never stole any money of hen—it is not true that I robbed her of hundreds of pounds—in consequence of hearing rumours of what Vincent alleged against me I wrote to Mrs. Otway, and received this answer of 17th March (produced)—I have entered upon the prosecution simply to. put a stop to these slanders; I cannot stop in any situation if they go on.
Cross-examined. I know Vincent's writing—these three letters (produced) are very much like his writing, but I cannot say that they are his—there was an inquiry at Bow Street about these matters in July or August, 1879—I had a summons, and gave evidence—the defendant did not go there, to my knowledge—I know that he goes to and fro on business matters to Capt. Otway's, who is a gentleman of fortune, of Grosvenor Square and Otway Towers—Mrs. Loderhose and I have had words because I wanted the letter—she is a German—she told me that the letter about the 20l. was in German—Vincent does not speak German.
Re-examined. I never could get sight of the letter; I never wrote, such a letter. (The libel was a letter from the defendant to Mrs. Loderhose, stating that the prosecutrix was concerned with Vincent in the forgeries of Mrs. Otway's cheques.)
GUILTY .— To enter into his own recognisances
MESSRS. M. WILLIAMS and MEAD Prosecuted; MR. BESLEY Defended.
ALFRED MARTIN . I am a reader in the service of Frederick Straker, of 35, Camomile Street, Bishopsgate Street, who is the printer of the Eastern Argus, a weekly newspaper published at Bethnal Green—on 31st January the defendant was the publisher and editor of that paper—on 30th January a MS. article was handed to me of which this is a copy in the Argus of 31st January.
Cross-examined. I have been five years connected with the paper—Mr. Wigg was the proprietor, to the best of my belief, before the defendant—I
do not know that Mrs. Xing, the matron, took out a summons against him—the Argus reports fully the meetings of the guardians—I find on page 3, column 2, of this paper a report of the meeting of the guardians on the Tuesday before (read)—this is a copy of the next week's paper, dated February 7th, and I find in it a report of the meeting of the guardians on Tuesday, 2nd February (read), and here is the leading article upon it—the paper is circulated in that locality, and is devoted to local subjects.
Re-examined. I do not know whether Mr. Milbourn was one of the proprietors of the paper at the time he made his speech, or whether Mr. Smithers was connected with it when he made his speech in defence of the newspaper—I have not heard that the Board of Guardians have indicted the proprietor of the paper for libel.
NOT GUILTY .
MR. TICKELL Prosecuted; and MR. PURCELL defended Wilson.
CHARLES EDGAR BARRATT . I am clerk to Edward Clark, an outfitter, of Pentonville Road, who carries on business as the Universal Co-operative Supply Club—he has a great number of agents to canvass for customers, and each agent is supplied with a cheque-book—John James Roberts was an agent, and was supplied with a book similar to this (produced)—the agent fills in the amount the customer requires, and makes inquiry as to his solvency and collects the money—these four cheques all bear Roberts's signature—on the production of the orders goods would be supplied to the person bringing the cheque—I did not supply these goods—about the beginning of January, acting on instructions, I called on the prisoner Wilson—before that I had issued a number of summonses in the County Court against different people, Alice Oxenford, George Garthwaite, George Fern, and I am not certain about George Lucy—I had seen Wilson previously; she had appeared at the County Court when these actions were going on 5th November—some man appeared for her, who said that he represented her husband; he also appeared for Fern—when I called on her in January I told her that I called from Mr. Clark in reference to several customers who I had sued and who denied all knowledge of the transactions, and we had heard that she knew something of the matter, and she had better tell me all about it, and that we had heard she had made use of those people's names and addresses—she said that she knew she had—I told her I had a list of about 30 names, and she had better tell me what names she had used and I would put a cross against them—she then acknowledged to 12 or 14 names, amounting to 56l., among which were Alice Oxenford for 7l. worth of goods, George Garthwaite for 7l. worth, George Fern for 9l. worth, and George Lucy—she said that she hoped Mr. Clark would not take criminal proceedings against her, and if he would make an account of it she would pay 15s. a week—I left, and reported to Mr. Clark.
Cross-examined by MR. PURCELL. The prices charged are not high—the payments are by weekly instalments of 1s. in the pound; we remit nothing, but we charge 2s. entrance fee, which is returned if the payments are made regularly—we do not recognise it as the tally system—our agents are supposed to make all inquiries—this has been going on about 11 years, and we have about 40,000 accounts open now—Mrs. Oxenford's order is
dated 29th March, and we commenced County Court proceedings against her, I think in September—it was not November, but I saw her at the County Court in November—Mr. Wilson did not then tell me that the orders Were hers, or that she had made use of Mr. Fern's nameno convertatien took place—I took out proceedings against Fern in September, and the case was heard in November—Mrs. Wilson came up to me as I came out of Court, but we had no conversation about Fern's case—she did not tell me that she had made use of Mr. Fern's name, nor did She ask me to make Some terms without going before the Judge—she did not tell me that the orders were hers, and ask me to make an amicable settlement without going into Court—I had not seen Mrs. Wilson at the store previous to November.
Re-examined. I Wed Wilson's husband for 5l. 5s., and the Registrar made an order against him to pay 15s. a week.
JOHN JAMES ROBERTS . I am a colourman, of 132, Pentonville Raid—I was an agent for Mr. Clark, and ill March, 1879, I had a book of cheques—I had known Duff 18 or 20 months, he recommended customers to me for Mr. Clark, and I issued cheques to him, Signed by me in blank, Which he filled up—these four cheques were signed by me and given to him: 1163, George Lucey's order, was signed in blank, and 8530 was partly filled up from information given me by Duff—the name in Alice Oxenford's order is in Duffs Writing, both at the top and bottom, and one order is written by him but Hot signed by him—the other two are filled in by his request.
Cross-examined. When he got those orders he had already got the customers—I did not inquire into their solvency—the cheque of Mr. Garth Waite was not filled up in my presence—Mrs. Wilson came to the Shop several times—I do not know her writing—orders were not filled up without the person's authority—I gave Duff 15 to 20 blank cheques while I knew him, and the commission was to be shared between us, but I never had any commission—I was not told over and over again that this was an extension of the tally system within another tally System—I do not claim instalments on goods sold, but they are paid at my place Or I should not issue the eiders—five of six weekly instalments Were paid on most of these ordersMr. Clark would see from my books if customers Were in arrears, and he Would communicate with them—if they paid promptly they saved the entrance fee, but that would not benefit me—if a customer was ill, a month of six Weeks' delay would be granted, after Which I think they would not be allowed the entrance fee.
Cross-examined by Duff. I asked Whether this Order was for the widow of the late John Oxenford, and was told that Mrs. Oxenford had a teed hand and could not write her name—I know the writing to be yours—Mrs. Wilson is manager at the Army and Nary Stores', limlicd—yoti Were to pay me half the commission, and I was to return it if customers did not pay—Wilson was to collect money from her people; she was to deduct it from their wages every week.
Re-examined. This purports to be Alice Oxenford's mark—Isaacson, one of the persons who Wilson paid, was a worker at the storesDuff said that he did not get the money from Mrs. Wilson as she promised, and that he was willing to go into a Court of justice and be tried, to save me the place—Wilson wrote to me two or three times respecting payments, but she never acted up to it.
By the COURT. The cheques were not to" be issued except to bonefide
customers after inquiry made—the customer was supposed to be found before the cheque was given—when I saw the names filled up I assumed they were bondfide customers; any arrangement by which fictitious names were to be put in was unknown to me—Mr. Clark in fact issued summonses against fictitious people; that is how we found it out, and that accounts for the great delay—Duff represented Wilson as manager of the Army and Navy Stores, having a great many workpeople under her and holding a very good position—that is not correct—she was to get the money because she had an order in her name, but not one of these two, and she said she would get it from her people or deduct it from their wages.
WILLIAM HENRY MASSEY . I am a draper's assistant—in 1878 and 1879 I was manager of Mr. Clark's drapery department—I remember receiving the order signed for Garthwaite from Mrs. Wilson, on 22nd March, 1879—I supplied her with a number of yards of silk-dress stuff and gloves, value 7l.—I believe this silk (produced) to be part of what I supplied—on March 29th, 1879, she presented this order, signed Alice Oxenford, and I supplied her with 7l. worth of goods.
Cross-examined by MR. PURCELL. I knew that she was Mrs. Wilson—I did not ask her why she brought orders signed Garthwaite and Oxenford—Wilson said "Mrs. Oxenford does not want these sort of things, it is simply to do a turn for Duff and me," that is that she could not have bought them and paid ready money, but to do a turn to Duff she was willing to get them on commission—Wilson was at the stores four or five times during my time; she often came for goods, not in her own name, and I delivered them to her and asked no questions.
SIDNEY PLOUGHMAN . I am assistant to Samuel Sharwood, a pawnbroker, of St. John Street Road—on 22nd March these 16 yards of silk (produced) were pawned for 3l. in the name of Lucy Wilson, 17A, Acton Street, Kingsland Road; I do not know by whom—I do not know Wilson.
ALFRED FORD . I am drapery manager to Edward Clark—on 1st May, 1879, Wilson brought me this order, purporting to come from George Firth, of 11, Orchard Cottages, Kingsland Road, cab proprietor—I believed the signature to be genuine, and supplied her with goods to the amount of 9l.—she came next day, and brought an order in the name of George Lucy, of Acton Street, publican—I believed that also, and supplied her with goods amounting to 7l. 13s.
Cross-examined by MR. PURCELL. I knew her name was Wilson—I did not say, "I cannot let you have the goods till I speak to Mr. Clark," nor did I go upstairs with her to Clark—I do not know that Clark made an arrangement that she was to supply customers from the co-operative stores, and have a percentage on goods sold—I am still in Clark's service.
Re-examined. I succeeded Massey at the same shop, 162, Pentonville Road.
GEORGE FERN . I was a cab driver some years ago—I live at 11, Orchard Street, Kingsland Road—this is not my signature to this order, nor did I give any one authority to sign it—I did not receive the goods—I was summoned to the County Court, and knew no more about it till an execution was put on my goods.
Cross-examined. I know Wilson, and Mrs. Fern knows her also through a neighbour—I had nothing to do with the summons; my son went—somebody personated me at the County Court—I knew nothing about it till Mr. Clark sent me a letter, and I went to him and complained of the loose way in which he did his business.
Re-examined. I did not employ a solicitor—I do not know who represented me.
Cross-examined by Duff. I only know Wilson as a neighbour—in 1877 she hired my cab and said that she was directress of the Army and Navy Stores, for which I have not yet been paid all—you called on me, and told me the shameful manner in which you had been used, and said that you considered it your duty to the public and yourself to ask me to write to Mr. Clark that she should be brought to justice—I said, "It is just as well that Mr. Clark should be stopped"—here is a ticket which my wife gave for 10a worth of silk—Wilson borrowed from my wife's mother on the same pretence that she was directress of the Army and Navy Stores—that money has never been paid—you never saw me when you called, and if you issued the order it was your duty to come and see whether I sanctioned it.
Cross-examined by MR. PURCELL. There is no Mrs. Lucy—I have known Wilson as a customer for 20 months—I left business on 10th April last.
ALICE OXENFORD . I am a widow, and live at 55, St. Paul's Road, Canonbury—I know nothing of this order—this is not my mark—I can write—I knew nothing of the goods being ordered till Mr. Clark sent in a bill—I know Wilson—I afterwards received this letter from her; it is in her writing. (Read: "Dear Mrs. Oxenford,—I did not mention to you about my getting a bill of Clark's in your name. I did not mention what trouble I was in. I am now hiding, for I am in great trouble. Not any settlement from Duff; he will have his arrears, &c. Dan said he was certain you will be paid, &c—Lucy Wilson.") Dan is her husband—Duff did not write this letter (produced) at my direction, nor did I give any one authority to write it.
Cross-examined by MR. PURCELL. I know Wilson by her working for me as a dressmaker—I had been kind to her and obliged her occasionally.
Cross-examined by Duff. You named Wilson—when you said that it was a pity we could not put an end to these forgeries it was at my wish that you wrote that letter, but I never saw it—your were to write to the Inspector of the Criminal Investigation Department in order to stop the forgeries.
Re-examined. I have lent Mrs. Wilson money—that has been going on since June, 1879—she said that her husband was coming in for 2,000l. a year, but she was very poor then.
Cross-examined by MR. PURCELL. I became acquainted with Wilson some time ago—I was summoned in the County Court and saw Mr. Clark's agent—the summons was withdrawn.
THOMAS TEW (Police Sergeant N). On 6th March I went to Wilson at 31, Bloomfield Street, Dalston, and told her I should take her in custody for forging an order on Mr. Clark, of Pentonville Road—she turned round and said to Duff, "You villain, you have brought me to this"—I showed here these four orders and asked her if she knew anything about them; she said, "I received them from Duff; I signed them to get the goods"—I took her to the station—Duff walked in front of us—he was called
into the Inspector's office, and said that he had signed this order of Mrs. Oxenford's—Wilson said that she disposed of some of the goods to a pawnbroker while Buff was outside in a cab.
Cross-examined by Duff. You gave me all the information you could and went with me to Wilson's house—I had on a previous occasion called on Wilson and cautioned her to be very careful in her treatment of an old gentleman who was staying in the same house, who I understood was being victimised by her.
JOHN O'CALLAGHAN (Police Inspector N). On November 27th Duff brought me a letter, signed "A. Oxenford"—he said that Mrs. Oxenford was ill, and he had written it for her—on 6th March I pointed out to him the similarity between the writings, and asked him whose it was—he said, "Mine"—I then called Wilson into the room, and Buff said, "Mrs., Wilson brought me this order; she said Mrs. Oxenford could not Write, and had authorised me to put her name to it;" we then went into a cigar shop near the Angel, where I signed it, and she put her mark to it"—Wilson made no reply—I said to Duff, "Mrs. Wilson makes some statement respecting you"—Wilson said, "Yes, Duff brought me the orders; he said I could get them filled up in any name I chose, and that if I paid a few instalments it would not be discovered until he was out of the way"—Duff said, "That is not true?"—Wilson pointed to a box containing some letters belonging to her, and said, "If you search that box you will find a letter from Buff asking me to get somebody to go to Clark's as the person mentioned in one of the orders"—Tew Searched the box and found this letter. (This was from Duff to Wilson, promising to send her an order to-morrow morning, and asking her to take it to Clark's and to get a respectable person to go with her and represent herself as Mrs. Isaacson.)—I asked Duff if that was his writing—he said, "Yes, I admit it"—Wilson said, "On one occasion Buff went with me, after we had obtained goods from Clark's, to a pawnbroker's in Kingsland Road, and he remained in the cab while I pawned the things; I gave him 2l. of the money"—"Duff said that he could not recollect whether that was so; afterwards he said it was possible, and that if he received money it was in part payment of a debt which Wilson owed him—I asked Wilson if she owed Buff money; she said that she had—Duff said that he had nothing of the proceeds, but half the commsssion.
Cross-exaimined by MR. PURCELL. The proprietor of the Co-operative Supply Club was called for the defence, but he had no evidence to give; he had no personal knowledge of the facts—there were three remands—on the seeond remand the prosecution was conducted by a solicitor; not by the Director of Criminal Prosecutions—it is now conducted by Mr. Clark.
Cross-examined by Duff. Wilson said that she owed you money, but she did not admit that the 2l. was given for that—I saw your initials in the letter after the name.
WILLIAM GARTHWAITE (Re-examined). As soon as I saw the summons I went to Clark and said "I have never heard your name before; it must be a mistake"—he said "The agent is not here, and I will let you know on Monday morning"—I heard nothing from him, and unless I had gone to the County Court I should have had a judgment against me.
Duff. I wish to ask Mr. Clark a few questions.
an account with her after the goods were supplied on the different orders—some time previous she introduced herself as the directress of the Army and Navy Stores, Pimlico, and showed me a letter of theirs representing that her husband was coming into a large sum of money—I believe she had previously had goods amounting to 30l.—I had a letter in your name saying that you were desirous to put a stop to this swindling; I gave it to my Chief Clerk—when Mr. Garthwaite came to me and represented that there was a mistake I said that I would withdraw the summons in the County Court, and that he would hear no more of it.
By MR. PURCELL. Wilson had introduced herself some time previously in my private office with a large bundle of testimonials and papers, showing that she had some connection with the Pimlico Stores, but I believe she had then obtained the goods; I afterwards wrote to her husband—she never suggested to me that she could sell my goods, nor did I say that she should have a commission on the sales—I only saw her twice; I cannot give the dates—the bulk of my business is carried on by agents and managers—I was not aware till proceedings had commenced that the orders were not signed by the parties they purport to be signed by; it came out at the County Court, and I then discharged Mr. Roberts, and the result is this prosecution.
Cross-examined by MR. TICKELL. Wilson represented to me at the latter part of 1878 or the beginning of 1879 that she was directress of the Army and Navy Stores, and I think she was supplied with goods partially on that statement—my manager made inquiries—she paid for them partially, and I wrote to her husband—when I. found that she had no connection with the stores I directed that no more goods, should be supplied to her—I think that was before the date of these orders, but am not positive. (The Prisoners' Statements before the Magistrate were here read.)
Duff in hit defence stated that Wilson informed Mm that she was directress of the Army and Navy Stores, and that her husband was coming into 2,000l., a year, which He repeated to Roberts; that he signed the order at Wilson's request, as she stated that the lady had hurt her wrist, but added the words "her mark," and then gave it to Wilson for the lady to put a cross to it. He contended that he was Wilson's dupe, and that finding he was not her only dupe he wrote to the prosecutor.
WILSON— GUILTY .— Eighteen Months' Imprisonment.
DUFF— NOT GUILTY .
NOT GUILTY .
MESSRS. THOMPSON and HORACE AVORY Prosecuted; MR. FULTON Defended.
WILLIAM OTTEWELL PEPPER . I live at Luton, Bedfordshire—in 1872 I was a manufacturing chemist in Bethnal Green, and the defendant put up some gas and steam pipes in my factory—in February, 1872, he asked me to lend him 300l. to take some premises in Chicksand Street and start a sawmill—he went into possession, and about October, 1872, he met with
an accident, and went into a hospital; I went to see him there—he afterwards gave me a mortgage for the money I had lent him, and I advanced him more money, amounting to 597l.—I then advanced 202l. more, and got a mortgage from him for 800l. odd—I afterwards advanced him different sums as he required it—by the advice of my solicitor, in April, 1875, I cancelled the old mortgage, and got this new one in its place, which is to secure 1,160l. advanced—I went with the defendant to Mr. Frazer, the solicitor's, office, and was present when the deed was read over to him—he took it away with him unsigned, but it was executed a day or two afterwards—in December the same year he filed a petition for liquidation, and I was returned as a secured creditor for the 1,160l.—I retained the mortgage; I did not give it up to the trustee—after his bankruptcy I arranged with him that he should continue in possession of the premises, but there was no arrangement about the rent—he went on as before, paying me the interest on the mortgage money—my security was valued at 800l. under the liquidation—in 1879 the defendant spoke to me about making an arrangement with the landlord for a new lease of the premises; he wanted some money for that purpose, which I agreed to advance him on a bill of sale, which was to include some of the movables, such as horses and harness—a draft bill of sale was prepared; he returned it, and would not execute it—ultimately, after trying to obtain some money from him, I in 1880 instructed my solicitor to commence an action for ejectment—I got judgment, and at the defendant's request I abstained from putting in an execution for 14 days—I got into possession on 26th February, and then missed a large mahogany saw frame, 3 circular saw benches, a deal sawing frame, a metal travelling frame, and a saw-sharpening machine, value about 250l.—I have since seen the mahogany sawing-frame in Hollybush Gardens, at Mr. Vernon's—it was there last Tuesday—the prisoner's yard is an open one, but the shed and the gates are locked—I have not been able to find anybody—about three months ago, when the defendant was wanting money, I said "You are always wanting money;" he said "I have no one else to go to, and it will be to your advantage, because it is to place a better machine there than I have got now, and if it had been Bill Peters he would have taken them all out and sold them"—I said "Why so?" he said "He did so, did not he?" I said "Yes, because I had no mortgage deed or security, and he could do it, but it would be felony for you to do it, you know, I have a mortgage deed"—I never gave him authority to move any of the things.
Cross-examined. There is only an engine and boiler there now.
JOHN BELL . I am a greengrocer—the defendant employed me to move the machinery, and I took it to Hollybush Gardens, Bethnal Green Road, about four months ago—there were several loads. John Frazer. I am Mr. Pepper's solicitor—I prepared the first mortgage deed of 1872—it was cancelled by my advice in 1875, and the new one substituted for it—the defendant attended at my office; it was read over and explained to him, and he took it home to read it—he brought it back next day, and it was then executed—he certainly thoroughly well understood it—I afterwards brought an action of ejectment for Mr. Pepper and got judgment by default on 10th February, 1880—a summons was then taken out to set aside the judgment, on the ground that he had made a mistake in the day, and was endeavouring to raise the money, and an order
was made by consent to defer it for 14 days—I acted as the defendant's solicitor in 1875—I never heard any suggestion from him that these fixtures were not included in the mortgage, and I have seen him frequently and pressed him for payment, and no suggestion of the sort has ever been made.
Cross-examined. Towards the close of last year there was an agreement by Mr. Pepper to advance 250l. on the security of the new lease which the prisoner then hoped to obtain, and also on the bill of sale—I supplied Mr. Widdicomb, the prisoner's solicitor, with the abstract of the title, of which this is a copy—there is no mention of these fixtures, but you will find it says "inter alia" which shows that there was something else—the abstract was not prepared for this purpose—there is no mention of fixtures in it by name—about 24th January this year Mr. Widdicomb called on me and asked whether Mr. Pepper held any bill of sale on the machinery—I said, "No"—I swear he never asked me whether Mr. Pepper held any security other than that described in the abstract of title—I produce a letter from the prisoner's solicitor. (Read: "March 3rd, 1880. Dear Sir,—I hear from the defendant that Mr. Pepper has taken possession of the mortgage premises and turned him out As you are no doubt aware there is certain machinery and effects belonging to Mr. Tushaw on the premises, I shall be glad to hear from you when Mr. Tushaw can remove the same.") I did not answer that letter, and on 6th March I received this letter: "Dear Sir,—I shall be obliged by a reply to my letter of the 3rd instant." I gave no answer to that letter—no one acted for the prisoner in 1875 when the mortgage was executed.
Re-examined. I do not think Mr. Widdicomb attended at my office to verify this abstract; the lessor's solicitor came to examine it—I gave Mr. Widdicomb notice in June, 1879, that I had got the mortgage of April, 1875, which he could inspect at any time in my office, but he never came to inspect it.
JAMBS PEARAON ALLEN . I am on engineer—I know the saw-frame which was on the premises at Chicksand Street—I have since seen it at Hollybush Gardens; it is the same—I also saw two side-frames there, which were part of the machine—on 3rd or 4th March I met the defendant's wife, and I afterwards met him; that was before any summons had come on at the police-court—he said what she had said before, that if they had had more time, they would have removed the engine as well as the other machinery—he said "I understand that a rather tall man has been seen at Hollybush Gardens with Mr. Pepper"—I said "If it is me to whom you allude, I can only say I went there and gave my card." I did not go clandestinely. I made known who I was, and the business on which I had come—he made no reply.
Cross-examined. I did not say before the Magistrate that he said that if he had more time he would have removed the engine, because that was not asked.
ELIZA PEPPER . I am the prosecutor's wife—I recollect Tushaw coming to him for the loan of 350l. to open a banking account—Mr. Pepper lent him the money, and after a time he sold the horse and cab and went into a public-house, and we had no security—he said that "If Bill Peters had had the money he would have sold it and gone off"—I said "How could you do that?"—he said "He did do it; Mr. Pepper has nothing to show for it""—
I said "yes, he has a mortgage on your premises, and it you did that it would he a felony"—that was this year. (The bankruptcy proceedings went here put in.)
Witnesses for the Defence.
JOHN WIDDICOMB . I am a solicitor, of 20, Metropolitan Chambers, Broad Street—since the commencement of last year I have acted for the defendant in several matters—in January or February, 1879, he instructed me to endeavour to get a renewal of his lease from his landlord, and to satisfy the freeholder I obtained the abstract which has been put in—about October last an arrangement was entered into for the advance of 2201. on the security of the new lease—I then received from Mr. Frazer, the solicitor, this draft bill of sale (produced), which was to be part of the' new security—the fixtures are set out in it—on 24th January I called on Mr. Frazer, after having a conversation with Tushaw as to his right to sell certain fixtures and machinery—he is a very illiterate man; he reads very imperfectly, and his writing is ten times worse—he consulted me as to his right to certain machinery, and I advised him upon that—the step which he afterwards took was the result of my advice—I called on Mr. Frazer on 24th January with reference to this very matter in dispute, and took the abstract of title with me—I said "Does your client hold a bill of sale?"—he said "No"—I held the abstract of title like this, and said "Does your pollen hold any security of this kind?" and disclosed the abstract of title—he said "No"—the words inter alia did not convey to my mint that the fixtures were included, because they were included in the bill of sale—I went to Mr. Frazer especially on that account, to clear it up—I wrote this letter the same evening: ("January 24, 1880. Dear Sir,—I have this morning seen Mr. Frazer, who stated that his client has no charge on the machinery at present. I can, therefore, see no reason why you should not sell the machinery if you desire to do so.")
Cross-examined by Mr. Thompson. I was negotiating merely for a new lease, it had nothing to do with machinery or fixtures—I gave notice in the abstract that there was an indenture of mortgage of 21st April 1875—I had distinct notice that I could inspect the mortgage at any time at Mr. Frazer's. office—I did not do so because it was the lessor's duty, not mine—it was by Counsel's advice that I allowed ray client to be committed for trial when I could have given the evidence at the police-court which I have given to-day—it was not on a statement of Tushaw's that I advised him that he had a right to remove the fixtures; it was on Mr. Frazer's statement—I do not suppose I made use of the word "fixture" to Mr. Frazer, nor did I ask him whose the machinery was where there is an antecedent mortgage or bill of sale, a second mortgage or bill of sale would not necessarily recite the first, it might or might not—the second recital says "With chattels therein"—I never went to inspect them—I read the draft of the bill of sale, and I very likely read the word "chattels"—it was no use my going into the witness-box, as the Magistrate had made up his mind to commit the defendant—I have not brought the same Counsel here to-day—I employ what Counsel I like.
NOT GUILTY .
NOT GUILTY .
THIRD COURT.—Friday, April 30th, and Saturday, May 1st.
Before Mr. Commom Serjeant.
GEORGE HYFIELD DYSON . I am a commission merchant, of 87, South Oastle Street, Liverpool—in September, 1879, the prisoner accepted this bill, 400l., drawn by Macedo at Couvilha, in Portugal, dated 2nd September, 1879, upon W. E. Gurney and Co., of 17, Fenchurch Street, London, and endorsed payable to the order of George H. Dyson and Co.—it is discounted "Gleim, Brettauer, and Co.," for collection by Smith, Payne, and Co., at their district bank, King Street, Manchester—it became due 9th September—on 24th December, I saw the prisoner in London—he said, "I shall not he able to meet this acceptance at maturity; if you give me another acceptance, I shall be able to discount it, and with the proceeds take up this bill for 400l."—I received ibis letter, dated 24th December, from the prisoner, enclosing this acceptance for 433l. 12s. 6d., asking me to return it accepted wrote this letter in reply, enclosing the bill accepted: "We have your letter of the 24th inst, and herewith return the enclosed draft for 433l., 12s. 6d., account Macedo, which kindly discount, and take up your acceptance for 400l., due 99th inst, as arranged. We will send you to-morrow draft for acceptance to cover the above. We await your telegram to-morrow, and possibly the writer may see you again on Monday, having to go up on other business. George H. Dyson and Co." (This bill was due on 27th March, 1880, payable at the London and Westminster Bank, signed "George H. Dyson," and indorsed "W. E. Gurney and co," and others)—I have bad to pay it—the defendant has gone into liquidation—I have been sued for the 433l.
Cross-examined. Macedo is my client, I may have called him my agent—I have, done business with him since last June—I cannot say how many bills Macedo has drawn upon me, perhaps a dozen—I will swear not 20—four or five were to accommodate him, him 10 or 12—I had no agreement with him to pay him for the accommodation, I simply charged him commission—my commission is 2 per cent, if covered, if I accept the bill only 1/2 per cent, quite irrespective of the number of days—Macedo was the only one I did the banking business for—I liquidated in 187 7—my liabilities were 10,000l. or 12,000l., and the assets as much, if not more—we liquidated because we could not get remittances from abroad—I had two partners—the liquidation is not ended—some of the money has not come from abroad—some creditors have been paid, but I cannot give you the details—the accountants are Messrs. Gibson and Co., of Liverpool—I am solvent now—this letter is my writing—I addressed it to the prisoners firm—(24th September, 1879, returning bill for 50l.)—it was an acceptance on account of Macedo—I accepted two before that covered with remittances—I do not know what Macedo is doing—I cannot get money from him—when I say I am solvent, I do not reckon his debt—he owes me several thousand pounds—this is my letter (Dated 17th September, enclosing bills for 300l. and 100l.)—you are mixing things up—those are Gurney's acceptances, not mine, which he was to accept with remittances sent for me—I was to turn them into money—! paid 900l. on Macedo's account—that was the first remittance on Gurney's account—this is my writing
(Dated 22nd September, regretting that Gurney had only accepted 500l. instead of 2,000l. of current bills)—I was financing Macedo—Gurney wrote and said they could only honour a portion—I did not know they were kites—I did not know what relation Macedo held with Gurney—in a day or two he wrote and accepted the other—I did not understand that Gurney and Co. were doing what I was doing, accepting for the accommodation of the man in Portugal with cover and without cover—there were goods to. the amount; Macedo told me so—I sent this telegram of 23rd September to Gurney and Co. (Confirming Macedo's assurance that the acceptance for 5001. would be paid) because Macedo had telegraphed me that Gurney would not accept any more till my acceptances were paid—I knew my name was not first-class—Macedo and Gurney assured me there was difficulty in turning my acceptances into money—they did not say it was bad—this letter of 29th September to W. E. Gurney and Co. is my writing. (Returning two drafts.) They were Macedo's drafts for 400l. and 300l.—it is part of the 2,000l. received from Macedo—you will find a memorandum showing that Gurney accepted first 500l., then 800l., and shortly afterwards 700l.—I did not know then it was accommodation paper for Macedo—I knew it in October by some letters he wrote, either for him or Gurney—I was doing what I could for myself, not for Gurney—I suspected it was to accommodate Macedo—on 18th October I sent this letter to Gurney and Co. (Acknowledging seven bills for acceptance drawn by Macedo, and returning two of them for 140l. and 148l. 12s. 6d.) Those two were for Macedo's accommodation—I accepted the other five, and sent them to Gurney and Co.—this letter of 18th October is my writing. (Acknowledging five bills, which were sent to Messrs. Pater and Co. for acceptance.) I sent this telegram of 24th October. (Stating that his firm were unable to accept.) I wrote this letter to Gurney and Co. (Complaining of reports about Gurney and Co.'s house.) I meant that I had already accepted too much for Macedo, and discounted the money—this is my letter of 30th October to Gurney and Co. (Stating that Dyson and Co. would accept four bills in consequence of contents of telegram received.) They assured us in a telegram that all their bills would be met—my bill-book' is in Liverpool—I have no house in London—the telegram of 19th December to Gurney and Co. is mine. (Stating that if bills were not taken up, proceedings would follow.) the first 500l. of the 2,000l. that Gurney accepted fell due on 19th December—I wrote this letter of 19th December to Gurney and Co. (Directing them to stop presentation of bill due to-morrow.) I there stated the most I could do was to exchange 300l. for 300l.—I let Macedo have acceptances for. 1,100l. as a covering for Gurney and Co.'s acceptances for 1,100l.—I had a right of action against Macedo—I am not a bankrupt—I am out' of pocket 2,000l. by this transaction—Macedo owes it partly—this letter of 20th December is mine. (Explaining position of the matter and offering to exchange bills.) I have not paid the whole of the 669l. referred to—I was giving Gurney support for 700l.—I had not discounted those bills; I only discounted the 500l. and the 400l., or three altogether—one came back dishonoured on 22nd December—I telegraphed for an explanation and came to London—I saw Gurney on 24th December; I did not mention to him that the post took six days, although it really takes six days to Portugal—I do not remember saying that by delay Macedo would be greatly compromised—Gurney told me he had been struggling with difficulties for months, but
hoped to get right in another month—he did no allude to my failure—I asked him about the 800l. bill due on Christmas day and 700l. on 29th December—he said there was no chance of meeting them—I told him it was for him to do his utmost to take up at least the bill for 400l. due on 29th, as I had discounted it—he did not suggest paying the smaller one—Bartley's name was not mentioned in my first interview with Gurney—he said something about Macedo being behindhand as to 1,500l. remitted to him—I did not say that after Christmas I should be able to discount drafts of Gurney's so as to put his finances in better condition if nothing of the sort occurred—he did not mention Weigel nor Ross—he said he would be able to manage if I would give him an acceptance—a bill was sent to Liverpool—it may have been drawn in his office—my stamp is on it; I always stamp my bills—he said he would telegraph the moment he discounted it, on Saturday, the 27th, if he saw., his way to meet the 400?. bill—I telegraphed to him to send draft acceptance to cover the bill—I was to accept acceptance to cover it—I may have telegraphed in order to be satisfied that the bill would not come back—I went and saw him on the Monday—all he said then was he had paid the bill—he did not say he had made efforts to pay it and had been disappointed—I got a telegram from Manchester on the Tuesday, stating that the bill was unpaid, after Gurney had told me it was paid—I went and showed Gurney the telegram—this is it dated 30th or 31st December—I came to London two or three tunes, I cannot say when, after the 31st—the last time Gurney kept me waiting ail day, and I went away annoyed—I received this telegram of 26th December from Gurney and Co. (Asking what was to be done with the 800s. bill)—I do not know what he meant by it, because I had arranged with him about it, and if he could not pay there was an end to it—the telegram of the 31st as to investigating matters and there being a mistake about the bills was in reference to what Gurneys told me when I spoke to them of the telegram from Manchester—I instructed Messrs. Wilson and Co.—this letter of 17th January was written with my sanction Applying for payment of'four acceptances, amounting to 1,500l.)—Mr. Dubeux was suing for the first 500l.—I had asked for the 433l. bill before that was written-Gurney said he had done nothing with it, therefore I told him to return me the bill—I offered to give him credit for 288?., the amount of two bills—I did not know then he was in difficulties—he was adjudicated a bankrupt; I do not know the date—I afterwards went to the Mansion House five or six tames—I was not refused process at all—there was adjournments to oblige the defendants, and we were too late once to apply—I got a summons on the second application.
Re-examined. Gurney has not met one of his acceptances—I have had to pay 1,500?.—about nine actions are brought against me.
JOHN MARSLAND ROSS . I am a merchant, of 791/2, Gracechurch Street—I received the bill for 433l. 12s. 6d. from Mr. Gurney—he owed me 250l.—I deducted that amount and gave him two bills for 100l. and 83l. 12s. 6d., on 30th December, which bills have since been paid.
Cross-examined. I very seldom discount bills—I know Mr. Wiggle—I have had transactions with him—I have had one of macedo's the 433l.—it was a business acceptance, in October or November, for 62l.—the 250l. debt was for money lent to Gurney—I first lent him 50l.
November 12th, then December 5th 100l., and December 6th 100l.—I do not know Macedo.
ALFRED WEIGEL . I am a merchant, of 39, Mark Lane—I discounted this bill of 433l. 12s. 6d. on December 31st—I gave Mr. Ross the two acceptances for 100l. and 83l. 12s. 6d.—I paid them in due course through my bank—I am still liable to Mr. Boss for 250l.
Cross-examined. The bills were presented on 1st April, and paid on the 12th—I did not pay a shilling on 31st December.
MR. BESLEY submitted that under the statute of 24th and 25th Vic. c. 96, s. 75, the direction must be given to a person, not a firm, and that there was no evidence that the prisoner was an agent', also that the bill of exchange wot not a valuable security.
MR. WILLIAMS contended that the prisoner, having received the direction, and the proceeds, was for that purpose the firm; thai any person who received a direction to pay money was an agent. The COURT considered that there was evidence to go to the Jury as to whether the prisoner was an agent.
GUILTY . Recommemded to mercy.— One Month's Imprisonment.
415. ELIZABETH JANE DAVEY, ARTHUR WITTON , and DAVID DUNBAR , Stealing two fans and three trinkets, the goods of the Rev. Arthur Wolfe Hamilton Gell Other Counts for stealing other goods within six months, also receiving.
WITTON PLEADED GUILTY, MESSRS. BESLEY and AUSTIN METCALFE Prosecuted; MR. MEAD defended Davey.
JAMES BABBINGTON . I am assistant to Mr. Edwin Soames, a pawnbroker, of Queen's Road, Chelsea—on 29th October Dunbar brought these two china plates (produced) and pawned them in the name of David Dunbar, 57, Redbourne Street—I gave him 12s.—I said, "Who do they belong to?"—he said, "Charles Wilson, I have him outside"—I asked him to fetch him in—he brought in Witton, who said, "They are my own property"—on 5th December Dunbar brought these three china plates, and pawned them for 11s. in the name of Charles Wilson—on 9th December he pawned these two china plates for 7s. for the same person—at the first interview he said Wilson was a dealer in china—I had known Dunbar many years as a customer—on 24th December Witton pawned these two plates for 8s.—on 10th January Dunbar pawned this clock for 25s., and on 15th January these five plates for 8s.—there is a fancy value attached to the articles—the plates are mostly odd ones; there are fourteen, two of each set.
Cross-examined by Dunbar. I have known you ten years, and your wife about the same time, as customers—I distinctly understood they were Wilson's property—you appeared to be respectable.
ALFRED WILLIAM FITCH . I am assistant to Mr. Millar, a pawnbroker, of Sloane Square—on 6th November Dunbar brought a grebe muff—I was present when he pledged it for 5s.—I forget what was said—on 3rd February, 1879, Witton pawned this china card-tray for 3l. by special contract under the Pawnbrokers Act—it was renewed on 26th October, and he paid 7s. interest—on 5th August he pawned this gold-bladed knife for 15s., on 27th October these six china plates for 25., on 29th October these six china plates for 6l. 10., and on 12th November 12 plates for 1l. 10s.—a little child was with him on one occasion—he gave his address 4, Stafford Place, Buckingham Gate.
Cross-examined by Dunbar. You gave the name of James Dunbar—I do not think "James" is a mistake.
JOSEPH NUNWICK PATTERSON . I am assistant to Mr. Neeves, a pawnbroker, of Cheyne Walk, Chelsea—Dunbar pawned these two plates for in the name of Edwin Dunbar, about 27th October—"Edwin" may have been the boy's mistake—I had previously taken two plates from David Dunbar—they were not the same—Dunbar redeemed them—he also pawned this pipe-bowl for 1s. on 9th January, 1880—with regard to the two plates pledged on 27th October, I asked him who they belonged to—said a gentleman connected with the P. and 0. line, and that he had collected them abroad, and that he was outside—I said, "Fetch him in"—while he was out I spoke to Mr. Neeves—we sent to the police-station to know if they had any information respecting plates of that description—two officers came when Dunbar and Witton were in the shop—I said to witton, in the presence of the police, "Do you want to pledge these?"—said, "Yes"—I said, "How much do you want?"—I forget what he said—I said, "Make them 8s."—he said, "Very well"—I asked Witton hey were his property—he said, "Yes"—I said, "Where do you live" he said, "4, Cornwall Chambers"—I advanced 8s., and he went away in about ten days or a fortnight Dunbar redeemed the plates.
FRANCIS JAMES PEARCE . I am a surgeon, of 60, Warwick Street—my partner is surgeon to the B Division of Police—on 12th November, 1878, witton called upon me to attend Davey in her confinement at 44, Eaton tare—I had had no previous notice—Witton opened the door—I attended Davey till 21st November—I sent Mrs. Plant, a nurse—the child was healthy at its birth—it was given to the care of Mrs. Cheltenham subeequently attended it when it died—I knew Davey as Mrs. Witton witton always opened the door to me—I took them to be taking charge he house as man and wife—on one occasion Witton showed me into drawing-room—he asked me if I would like to see it—I do not know whether the door was locked; but he opened it and the shutters and wed me the room—I forget whether Mrs. Witten or the nurse paid charges—Mr. Witton did not—I have not seen her since.
Cross-examined by Mr. Mead. Mrs. Witton was able to get about in three weeks after the birth.
ANN PLANT . I attended Mrs. Davey in her confinement—I knew her Irs. Witton—I remained a fortnight—when I left she was convalescent took the baby for a week—Mrs. Cheltenham had it to nurse—Mrs. ton supplied all the necessaries for the house.
Cross-examined by MR. MEAD. I took Witton to be the butler—his room a good way upstairs.
Re-examined. I thought he was butler because he had the entire charge of the house—I believe he slept there.
CAROLINE CHARLOTTE CHELTENHAM . I am the wife of Richard Cheltenham, and live in Grosvenor Street, Page Street, Westminster—I took charge of Mrs. Witton's child, a boy, for nearly three months—Mr. and Mrs. Witton used to come and see it—they had a bag once—I have a slight recollection of seeing Dunbar once, when he came with Mr. Witton.
THOMAS WHEATLEY (Policeman B 154). I live at 57, Redbourne Street, Chelsea—Dunbar lodged with me twelve months in the name of David Dunbar—Witton used to call for him and they went out together—Witton
sometimes had a bag—Dunbar has stayed out till 12 or 1 o'clock—ho came home alone.
Cross-examined by Dunbar, I have not scon Witton come for you since January—you were only out late a few times.
Re-examined. Dunbar told me he had been in the police.
SARAH SIDDALL . I was housekeeper and waiting companion to the late Mrs. Gell, a widow of 44, Eaton Square, to her death in Juno, 1878—she left me some property—this muff is not mine, nor the lace shawls and mantles which are missing—the muff was Mrs. Gell's—I entered the service of her heir, the Rev. Arthur Wolfe Hamilton Gell—he has a living in Derbyshire—in June, 1878, the family went to Derby, when Mrs. Gell died—we came back in July for a short time and returned in July, leaving Davey in charge of 44, Eaton Square—I did not know she was in the family way—I did not know Witton nor Dunbar—no one was loft with Davey in charge of the house—I locked up the different receptacles on leaving, including where the china was—(Mr. and Mrs. Gell and the servants) came back to London on 4th February, 1879, and remained till 30th May, when I again locked up the property in the usual way, and Davey was again "left in charge and no one else—we returned on 6th November and remained till the 15th, when we returned to Derbyshire, again locking up and leaving the house in charge of Davey alone—I missed the muff on 14th November—it was kept in the wardrobe in Mrs. Gell's dressing room, which was locked—I went to get it for Mrs. Hamilton Gell, when I found the box empty in which it had been kept—I first missed the china on 12th March this year—these plates produced are Mr. Gell's property—they are taken from three services, and there are six odd ones—they belonged to Mrs. Gell before her death—they are Dresden china—I had put them in two different cupboards in the housekeeper's room—I locked the cupboard, and put the key inside this desk (produced)—Mrs. Davey helped me to put the china away—I put the clock on the second floor in a cupboard with a groat many ornaments, several of which are missing—these fans and this pipe-bowl are Mr. Gell's—the fans were kept in the smoking-room—Mr. Gell kept charge of the pipe-bowl—since the property has been missed I have opened this desk with a key that belongs to a drawer in the housekeeper's room, and which was left there for Davey to keep a few spoons and forks for Mr. Gell's use in case he came up at any time—Davey might use the housekeeper's room when the family were away—there was a patent lock to the china cupboard; it did not appear to have been tampered with. (The writness opened the desk with each of the keys.) I took this key, which belongs to the desk, away with me—I did not know that the other one unlocked it equally well—the other keys are on the bunch, which was put in the desk—I mentioned the muff to Davey the day I missed it—she said "It seems a strange thing; I cannot tell anything about it"—she was with me washing the china when some of it was missed and the clock—she said it seemed strange how the clock could have gone out of the house, and that she had been very careful and kept everywhere locked up while the workpeople were in the house—the workpeople commenced in December, 1879—on missing more property I spoke to her again on Saturday, 13th March—she seemed very much upset—Davey told me she had a key supplied to the linen cupboard in the housekeeper's room—that might be about a day after we came to town—that key will open
one of the china cupboards in the same room from which four plates were missing—I never thought of trying the key in the china cupboard—I cannot say which room Davey used—she was in the servants' hall when we came back in March—she used the smoking-room while the workpeople were there, because the drains were taken up.
Cross-examined by MR. MEAD. I am not sure the fans were under look and key—I did not ask Davey about the new. key—she said the old one was out of order—it was a common lock—I may have made a mistake in my life, and not locked a cupboard when I thought I had, but I am sure this was locked—the china was taken out and put in the drawing-room when we returned—I was in Mrs. Gell's employment when Davey came into the service—I understood she had been previously in the service of Mrs. Lennox, of Lady Manners for 12 years, and of Mrs. Lascelles—Mrs. Gell would not have received her if her character had not been good—I did not know anything about Witton's courtship—Mr. Littlewood supplied the lock and key; he is our regular tradesman—that is my letter to Davey—I speak in kind terms to her—I always had great respect for her, and thought she was a person of thorough good character—the keys in the desk would open all the cupboards—one has on it the label "china closet."
EDWARD CLOUGH (Detective Serjeant B), I received information of this robbery on 13th March—I immediately went to Mr. Gell's house—it was at 11 p.m. on Saturday—Davey was called up in the presence of Mr. Gell and Mrs. Siddall—I said to her, "You have been left in charge of the house, who has been here?"—she said, "My two sisters have been here, Caroline and Margaret Davey"—I asked their addresses—she produced an envelope of Margaret's address, "Mrs. Whitcliff, Oardington, Bucks"—I said, "Where can she be found?"—she said, "She is in service at 52, Eaton Place"—she also said her father visited her in January, and that I could go to him, to a place called Gropham, near Crawley, in Sussex; also Mr. Orfield, the butler, and Mr. H. White, the footman, at 62, Eaton Place—I said, "Is that all?"—she said, "Yes"—I had examined the cupboards—there were no marks of violence on them—I went again on 18th March, having in the meantime discovered the plates and the clock—I saw Davey about 6.30 in the library, in Mrs. Gell's and Mrs. Siddall's presence—I said, "I have a number of plates, also a clock, a portion of them are pledged in the name of David Dunbar, of 57, Redburn Street, Chelsea, and others by Charles Wilson, of 4, Stafford Place, Buckingham Gate; do you know such persons or their addresses 1"—she said, "I know nothing at all about it"—neither was in custody then—on Sunday, 21st March, I went to 57, Redburn Street, Chelsea, about 11 a.m.—I saw Dunbar—I said, "lam a police officer, I shall take you in custody for being concerned with a man named Charles Wilson, and in company with him stealing a large quantity of Dresden plates and a clock, from 44, Eaton Square, the property of the Rev. Mr. Gell, to the value of 50l."—he replied, "You do not mean to say they are stolen; I am as innocent as a child unborn; I pledged them for Wilson, he having told me he was a dealer"—Bubbington and others identified him—nothing was found on him relating to the property—on Monday, 22nd March, he was brought up—on that day I saw Witton at 4, Stafford Place, I believe his mother's house—I said, "Is your name Wilson?"—he said, No, Witton,"—I said, "Arthur?"—he said, "Yes"—I said, "lama police officer, and shall take you in
custody for being concerned with a man named David Dunbar, now in custody, for being concerned in stealing a quantity of Dresden china plates, and clock, value 50l., the property of the Rev. Mr. Gell, of 44, Eaton Square"—he said, "I understand what you mean, I will come with you"—I took him in custody, searched him, and found a few pence, but nothing relating to this property—the house is an eight-roomed lodging-house kept by his mother—the next morning I went to Mr. Gell's house about 10.30, with Inspector White, who said to Davey, "Do you know a person named Arthur Witton?"—she replied, "Yes I do, he has been here several times"—I said, "I shall take you in custody for being concerned with Arthur Witton and David Dunbar in stealing the property," mentioned—she replied, "I know nothing at all about it, I am innocent"—she was taken in custody—I have known Dunbar some years—he joined the police force on 5th November, 1866, in my division, and left on the 26th December, 1867—he has since been an attendant on an invalid gentlemen—for 6 or 7 years he attended an imbecile man, who followed him about as a child would—I do not know anything of him lately.
Cross-examined by Dunbar. You said you pawned the muff—that was when passing through Sloane Square—you did not give me all the information about the property—I had recovered some before I took you.
Re-examined. The information that the prisoner gave me was that if I went as far as Wimbledon Common I should be sure to find Witton—Dunbar did not mention Davey.
CHARLES MACKAY . David Dunbar pawned this fan on 24th October for 3s., and this one on 25th October for 5s.—I did not notice then that the case of the latter states it was a present from Queen Caroline to Mrs. Gells aunt—I have known Dunbar ten years as a customer.
JAMES BABBINGTON (Re-examined). Witton pledged two china plates on 24th October for 8s., giving County Chambers, Cornhill, as his address. Edward Clough. There is no Mr. Witton at County Chambers, Cornhill—7 was the number given to me, and I made inquiries throughout the place.
FREDERICK HORACE DOGGETT . I am registrar of births and deaths for Belgravia—my office is at 88, Buckingham Palace Road—on 23rd December Davey registered a child born on 12th December, 1878—I asked the date of the birth, where the child was born, the Christian name, and the father's Christian and surname—she said the father's name was Witton, and that her name was Elizabeth Jane—I assumed she was married to Witton—she said the child was born at 44, Eaton Square—she afterwards informed me that she was not married, and that she was a housemaid—I then struck out "Witton," and left the entry as of a boy born of Elizabeth Davey, an illegitimate child—she gave the address 3, Grosvenor Street, Mrs. Cheltenham's address—I read it over to her and asked her if it was correct; she attached her signature to it, and then I signed it and she left.
ELLEN GLADWIN . I am kitchen maid to Mr. Gell—I remember the detective calling on 14th March, about 7 am.—I passed Davey's bedroom door—I saw her coming from her room with a large bundle of papers in her apron—there was writing on them—I went to the kitchen and commenced to light the fire—Davey came there and said she wanted to burn the papers—she said she had been clearing out a box, and it was rubbish—I said "Leave them in the screen until the fire is burnt up"—she said "I would rather burn them"—then she put them on the fire.
REV. ARTHUR WOLFE HAMILTON GELL . Mrs. Thornhill Gell bequeathed to me property to a large amount—I have seen the Dresden china plates produced here, and the Dresden china clock—they are my property—the plates are worth seven guineas each—the clock is worth 50l., the pipe bowl about two guineas, the painting on the bowl makes it valuable—the "J. T." on the case in which the fan is kept are the initials of Mrs. Thornhill Gell's aunt, to whom the fan was presented by Queen Caroline—the china was under Mrs. Siddall's care—I kept the fans in a box in the smoking-room, they were not locked up, and the pipe in a box which was unlocked which was placed in a cabinet, which was locked—I found the lock on my return just as I had left it—I had put the key in my private drawer—I knew nothing of Davey's knowledge of Witton, nor of the confinement—I first knew something was wrong on 12th March, when the clock could not be found—the value of the cardtray is 30 guineas—I asked the housekeeper and Davey about it, and when they came to me Davey said she knew nothing about the property, and that nothing had been missed before—I said "I do not accuse you of taking the things"—that was all that took place—I was going out—the next conversation took place with her when the officer was present—I heard the officer mention Dunbar and Wilson and their addresses to her, she answered that she did not know anything about them—the muff is worth about four guineas—it belonged to Mrs. Thornhill Gell—all these things are my property—I cannot swear to some trinkets.
Cross-examined. I did not hear of the key being obtained for the linen closet till I came to town—then I heard it was obtained in January.
Witness for the Defence.
ARTHUR WITTON (The Prisoner). I have pleaded guilty to this indictment—I have known Elizabeth Jane Davey about five years and a half—I have visited her in different situations—I kept company with her—she was eight years at Lady Manners's—I lived with her there as fellow-servant—she was subsequently in the Duchess of Norfolk's service, in Lady Lennox's, and in Mrs. Lascelles's—she left Mrs. Lascelles's to go into Mrs. Gell's service—I recollect her being left alone in the house in July, 1878—I visited her there frequently—she was confined on 12th January, 1878—I was the father of the child—I continued to visit her till the family returned in March this year—Davey knew nothing about my taking this property—she had no share in it whatever—I found the desk open—I tried the keys—there was an ivory label on one, "China closet"—I used to take my linen to the house—it was a common key to the desk—I took the things during the time Davey was out of the room—on several occasions I have minded the house in her absence—I did not go to church with her.
Cross-examined. I was in Lady Manners's service in 1874, for 12 months, to July, 1875—I was footman; Davey was housemaid—I went into the service of Mr. George Lock seven months afterwards in Windsor and in Scotland—when I was out of a situation I did occasional odd jobs at waiting—I live at my mother's—I was at Mr. Lock's three months as butler—I left there in October—I had afterwards no regular situation—I knew of Davey going to Gell's in March, 1878—I believe just before Mrs. Thornhill Gell died—I never went in Mrs. Thornhill Gell's lifetime, but when Davey was left alone in July I called there—I have pleaded guilty to stealing the articles represented by these tickets, but not to stealing the cloth mantle, fur mantle, the vases, the seal, three fans, etc.—I have not pleaded guilty
to stealing the property which has not been traced—I have no idea who carried that off—I refuse to answer where I got the gold-bladed knife I from—I got the gold card plate from a cupboard a week or two before—I pawned it, and left it with someone to take care of—I refuse to say who it was—I carried off a dozen plates at once—I do not remember when—I kept I them a long time at various places before I pawned them—Davey visited I me at my mother's—she did not tell me when the family were coming home I—a part of the money went to support the child—I do not remember mentioning County Chambers—I suppose I did so—I pawned in the name of Witton, but not at Miller's—I refuse to tell you what shops I took the I stolen property to—I know of one article not recovered; a pair of operaglasses at Sutton's, Stockbridge Terrace—it was pawned for 18s.—Dunbar never visited me at my mother's—I made his acquaintance two years ago—I my mother has been in service at No. 4, Buckingham Gate 20 years—I have not supported Davey since the death of the child—I have received no money from her—I found the child's keep—I was left in the house alone several times—I did not steal every time—I have only stolen from Mr. Gell—I told Dunbar I had been abroad, and was a collector of china—I did not tell him I had been in the P. and 0. Company's service.
Cross-examined by MR. MEAD. I could tell from the appearance of the house whether the family were at home—when I slept in the house I left my bag in the housekeeper's room—Davey knew I brought a bag—she has seen me take it away—I did not know that she noticed it—it was to take away my dirty linen.
Cross-examined by Dunbar. I told you I had been to Japan, that I had been an assistant steward in the navy, but not that I had been in the Peninsular and Oriental Company's service—I said I had brought many things from Japan, and they were very cheap there—I do not believe you knew this property was stolen—you asked me if I knew a respectable pawnbroker.
By MR. BESLEY. I did not pay Dunbar to pawn the things—he did not require it—I treated him—I did not take the things to where he was lodging; I met him outside when I took the clock—I carried the clock in the bag—he never asked me to inspect his collection—I pawned the 12 plates—I stole the plates before the muff, and on the same day I took them away in my bag, in the middle of the day—there were two pawnings, one in order to get what I wanted on the articles—half a dozen were in one set and two odd ones.
Dunbar's Defence. Witton gave mo the name of Wilson. He said he had been a steward or assistant steward in the Navy, that he had been all round the world, and had left the sea through ill-health; that ho attended sales, and would get as much as 30l. or 40l. at a time for things he had brought from China and Japan. He asked me to tell him of a respectable pawnbroker who understood china, because he had quarrelled with Millar's assistant, and would not take any more there. I recommended him where my wife and I generally pawned our things, and ho brought me some tilings the next day. I distinctly told the pawnbroker it was not my property. I I have been made a dupe of. I have given all the information I can about ii He told me the muff belonged to his wife, and that he had a bill to pay. I did not know what it was; it was locked up, and they lent 25s. on I it. I last met him at Victoria Station. I have always borne a respectable
character. I attended an invalid for some years. I was in Bedfordshire a long time, and have three years' character in my pocket I have lived for 15 or 16 years in the neighbourhood, and no one can say anything against me. This is the first time I was ever locked up, and I am perfectly innocent of knowing that these things were stolen.
DAVEY— GUILTY. Recommended to mercy by Jury and Prosecutor on the ground that she was under the influence of the man.
DUNBAR— GUILTY .— Respited.
NEW COURT.—Saturday, May 1st, 1880.
Before Mr. Recorder.
MESSRS. BESLEY and GRAIN Prosecuted; MR. WILLIS, Q.C., Defended.
SIR HENRY PEEK, BART . I am the sole representative of the firm of Peek Brothers, which is one of the leading tea houses in London—Charles Morris came into our employ on 8th February, 1858, and left in 1866—we then made an arrangement to give him credit, as he was going into business on his own account—we had a very good opinion of him—he is a man of good talents and ability—I knew nothing of Henry Morris until they were trading, and I was never brought into personal contact with him—Mr. Gardener, the trustee in the bankruptcy, is our principal ledger-keeper, and I know little of the details myself—insolvency was first mentioned in September, 1879, upon which I wrote for Charles Morris to come to me—he did so, and I said that I was very much surprised to hear him say what he did, and I virtually said that if he would make a clean breast of it I would do what I could for him—I knew nothing then of his betting on horse-races—on 4th October I gave directions that he had better make an assignment for the general benefit of the creditors—it is the course for the largest creditor to file the petition, and in that way I became the petitioning creditor.
HENRY ALFRED STACEY . I am Superintendent of Records in the London Bankruptcy Court—I produce the proceedings in the bankruptcy of Charles and Henry Morris, tea dealers, of 87, Great Tower Street—the petition was filed by Sir Henry Peek on 4th October, 1879, and the adjudication was on 25th October—Mr. Gardner was appointed trustee on 12th November, 1879—I find a statement of affairs on the file; the total debts are 14,124l. 5s. 8d., and the assets 4,068l. 11s. 5d.—I find here a list of the creditors.
JAMES GARDNER . I am principal ledger keeper to Peek Brothers, and am trustee of the defendants' estate—Arthur Charles Morris had been to Sir Henry Peek, and a deed of assignment had been made—a private meeting of creditors was called on 9th October, of which I was chairman—several other large creditors were there—both the defendants were present—I had been through the books and had discovered that there was a considerable deficiency, which they were asked to explain, and Charles referred
to Henry, who was the book-keeper—Henry used to stay in London and Charles travelled—Henry said that he had been unfortunate, and had made losses and bad debts—he was then asked to leave the room, and Charles was asked to give an account—he said that his brother could explain it better than he could, but he knew they had been unfortunate and had made bad debts—he said nothing about speculations—I then said "Have you speculated on the Stock Exchange or the Turf?"—he said "Not on the Stock Exchange"—I said "Can you tell me what your loss has been, or do you keep a betting-book?"—he said "No"—I pressed him as to the amount he had lost, but he said he did not know—I suggested various things to him, and at last he said 1,500l. would cover his losses—he said, but I will not be certain whether it was at that meeting, that he had been betting for some time—on Henry afterwards coming in he was asked as to the deficiency—he handed these two sheets of paper to me, which is a balance-sheet of the state of their affairs from 1870 up to 1st January, 1879—this shows on 31st December, 1870, a loss to Charles Morris of 700l., and a similar loss to Henry—in 1871 there is a profit of 300l. each—on 1st January, 1877, their balance was 400l. on the wrong side on each side; in consequence they paid in 300l.; they made a profit of 300l. each, but their drawings were 600l. by Charles and 382l. by Henry—in 1872 there is a loss of 523l. each; they then put in 1,500l. more capital, coming from relatives and sisters—in 1873 there is a loss of 58l. each, or 116l.; in 1874 a profit of 44l. each; in 1875 a profit of 114l. each; in 1876 a profit of 152l. each; in 1877 a profit of 189l., and in 1878 a profit of 116l. each; and taking the balance on 1st January, 1879, Charles Morris owed the firm 3,368l. 18s. 11d. and Henry 3,000l. odd—up to that meeting bankruptcy had not been contemplated, but it was decided upon when it came out about the betting—a petition was then presented and adjudicated, and I was appointed trustee—my attention has been called to the bad debts; in 1870 they amounted to 2,274l. 1s. 2d. net losses; in 1871, 491l.; in 1872, 938l.; in 1873,212l.; in 1874, 311l.; in 1875, 543l. 17s. 1d.; in 1876, 201l.; in 1877, 340l.; in 1878, 483l.; in 1879, 298l.; total, 6,095l.—that is taken out from their books—they owe Peek Brothers 5,938l.—they purchased from us between 14th June and 14th October, 1879, goods amounting to 3,190l.; between 14th June and 14th October they also purchased of Saunders and Worthington goods amounting to 268. 14s. 70l.; and of Twinings, 333l. 4s.; of Steinberg, 553l. 19. 90l.; of Moffatt and Co., 913l. 1s. 10d.; and of Edwards and Son, 387l. 17s. 4d.; none of those goods within those periods have been paid for—I have realised out of the estate about 2,800l. up to this time, and am afraid there is very little more to come.
Cross-examined. Their trading with Sir Henry Peek since they have been in business amounts to about 237,000l.—the amounts they purchased between June and September are about the same as in previous years—they paid us 5,003l. between June and October, 1879, but that includes a sum of 600l. which ought not to be included, we having lent them 600l. on 30th August, as they could not meet a bill of 600l. 13s.—that was the first time they had come to us for assistance as far as I remember—we sold them about 1000l. worth of goods after that—Henry Morris used to come to see the samples, Charles used to travel; he lived principally at Stockton-on-Tees—the average drawings of Henry from 1871 to the time of their stoppage was about 600l. a year, and Charles about 700l. a year—Worthing
I ton's sold them goods value 245l., and they paid 78l. 18s. 1d. on 13th June; but I start on 14th June, I have not included that; it would make 325l. 11s. 6d., if you include it—they paid Messrs. Twining's 300l.; there was 171l. on 6th June, and 125l. 3s. 10d. on 13th June, but I do not include those, as I begin with the 14th—Chamberlain's paid 314l.; they paid less than the amount they purchased, the others were in excess, every one of them—they paid Moffatt during that period 1,049l., that begins on 14th July; they paid Edwards and Son from 20th June to 27th September, 720l.; but then I find on the other side 340l., which is either money lent or help with a bill—(The witness was unable to go further into these accounts, and the ledger was sent for)—on 1st January, 1871, they were about 900l. to the bad; they do not seem to have made enough profit even to have lived upon, according to their drawings—E. Morris is a relative, either a sister or an aunt—500l. was borrowed of her in May, 1867.
Re-examined. If they had not been regular in the payments which fell due they would not have received any goods—the payments were in respect of goods which had been purchased prior to 16th June, but which fell due during that period, and had they not been met the credit would have ceased—their drawings always exceeded their profits—the stock-in-trade in Great Tower Street was about 400l.—the unencumbered warrants which they could deal with were, coffee 192l., and tea 291l., and there were other warrants which were given to Brown, Janson, and Co., to cover discounts, but Brown, Janson, and Co. have nothing to return to the estate; they made a loss—if they had stopped at any year from 1870 to 1879, they would not have been solvent according to this paper, but at some periods their debts would have been much larger; fluctuations in the price of goods must be allowed for.
JOHN BLAGRAVE SNELL . I am one of the official shorthand writers to the Court of Bankruptcy—I produce my original notes of the examination of the two defendants—the transcript which is on the file is correct. (Read.) (MR. WILLIS submitted that there was no case to go to the Jury, as the defendants never made any false representation to the prosecutors; their continuing to trade after they were unable to pay 20s. in the pound was not an offence, as they might recover themselves, and they were not bound to say to the prosecutors, "At this moment we are not solvent" and break up the concern, when by the assistance of friends it might be brought round; all the goods had been sold at a profit and in the ordinary course of trade.
MR. BESLEY contended that the concealing the state of their affairs was fraudulent, and it was a question for the Jury, as there was evidence in support of every one of the 35 Counts, none of which were demurred to.
The RECORDER ruled that there was no case to go to the Jury: as to the first set of 24 Counts, there was no trace of the defendants obtaining goods and then pawning them, they always disposed of them in the way of their business. As to the 12 other Counts in which the goods were alleged to have been obtained within six months of the bankruptcy by false pretences, no false pretence had been proved; if they had been asked what their position was and they had made a false representation, then, and only then, would there have been a fraud.
NOT GUILTY .
NOT GUILTY .
Before Mr. Recorder.
MR. FRITH Prosecuted.
FELIX SAVILLE . I am a foreman of labourers in the Victoria Docks—on March 22nd I was on board the steamship California in charge of four gangs—the prisoner was one of the men—about 11.30 I went down into the hold where the men were at work, and ordered the prisoner to certain part of the ship to trim the bunkers; he did not go, and I took him by the arm and pointed in the direction in which he was to go—he stopped a little while and picked his pipe, and put some tobacco in it, and came up to me with a shovel similar to the one with which he was trimming coals, and holding it in both hands, struck me on my cheek with the edge of it, having aimed a murderous blow at the top of my head—he cut the flesh from the bone, and I fell senseless—I lost a great deal of blood, and have been suffering ever since, and am still—I have not been able to go to work since.
Cross-examined by the Prisoner. You worked from 1 to 6 o'clock—the water was not up to your knees sometimes—you would not do as you were told—you refused to do your work, and I took you by the arm to lead you to it—I did not strike you.
JULIUS CESAR . I am a surgeon at the Victoria Docks—Saville came to my surgery on 22nd March at midnight with a very large incised wound, extending from near the angle of his mouth in a semicircular form to near the angle of his ear, very nearly severing his cheek from his lower jaw—I had to put six or seven stitches in it—this shovel would produce it if struck downwards with the edge—a considerable deal of force must have been used, as the shovel is blunt—the wound stopped short of a dangerous position—the upper end was by the temporal artery, and the lower end by the facial artery.
RICHARD CONNELL . I live at Buxton Terrace, Canning Town, and am in Mr. Elliott's employ as engineer's boy—on 22nd March, at 11.30, I was in the bunkers on board the California—the prisoner was at work—I saw Saville speak to him, but cannot say what he said—he gave the prisoner a shove, pushed him on the face, and the prisoner picked his pipe up, and struck Saville with the shovel on his cheek—he fell, and I went out of the bunker.
WILLIAM WEBBER (Policeman K 88). On 23rd March, about 5.30 a.m., Saville came to me with his head bandaged up—I went with him to 1, Eagle Street, and found the prisoner there—I told him I should take him in custody for feloniously assaulting Felix Saville by striking him on the face with a shovel—he said, "I did strike the b——, and I would do it again; he called me the son of a bitch, and struck me on my eye"—I took him to the station—he made no reply to the charge.
Cross-examined. When you had had a wash I saw a blue mark on your eye, but whether it was from a blow I cannot say.
GUILTY — Eighteen Months' Imprisonment.
MESSRS. POLAND, MONTAGU WILLIAMS, and AUSTIN METCALFE Prosecuted; MR. CROOME Defended.
JOHN WALKER . I live at Eye Lane, Peckham—on the 8th November, Edith Smeeton came to my shop and ordered a leg of mutton for Mr. Cook, of Lyndhurst Road, Peckham—she produced this cheque, and I asked me if I would cash it—I said, "It is one of his own, I think?"—I directed my cashier to give her the change—she went away with the change and the leg of mutton—I did not know her—I next saw her at the railway station—she came out of the waiting-room—it was about 10 a.m. some time in February—I recognised her as the person who brought the cheque—I sent it to my bankers; it was. returned, marked as it is now. (Read; "London and South Western Bank, 18th November, 79. Pay Mrs. Ling or order 4l. 15s. Henry Cook.") Endorsed "E. Ling."
Cross-examined. I am a butcher—it is a middling business—we were busy at the time—I do not know whether I ever saw Edith Smeeton before—I do not know Mr. Henry Cook—my cashier is not here—I communicated with the police—I saw Viney, a detective officer—he asked me to come and see if I knew a woman—he did not say, "the woman that passed the cheque"—he did not say she was in custody, or that she had a baby in her arms—she did not say a word about Mellish—I know Mellish now—he was standing outside the door at the station—I can swear she is the woman who passed the cheque—Viney came to me twice that morning—I do not remember what he said then.
EDWARD ADAMS . I live at 5, Elm Terrace, Lower Clapton—I am a cheesemonger—on Christmas Eve last the female prisoner came to my master's shop about 7 p.m.—she purchased several articles amounting to 2l. 1s.—she produced this cheque for 5l. 9s. (Dated 21th December, 1879, in favour of Mrs. Salmon or order, signed Henry Davis, and endorsed Emily Salmon)—I said, "Is it one of your own?" she said, "Yes"—she gave her address, 16, Elderfield Road, and said her name was Salmon—I gave her 3l. 8s. change, and sent the goods to the address given to me—I sent them off three times and they were brought back each time—the cheque was returned, marked as it is now, to Mr. Sumner my master.
Cross-examined. I did not go with the goods—I said before the Magistrate, "The person who came was a perfect stranger to me"—Christmas Eve is a busy time—there were about twelve people in the shop—I have not been to Elderfield Road—I have sent to the same house since—we had been opened about a week—I have never cashed any cheques since—that has been a lesson to me—I next saw her on the platform at the railway station in charge of a police-officer in uniform, and I believed her to be the woman—that was on 10th April, and the last time I had seen her was on the Christmas Eve—I went there for the express purpose of seeing the woman—the police did not tell me it was the woman who passed the cheque, but that I was to come to see a woman.
Thursday, 22nd January, between 7 and 8 p.m., the female prisoner came into my shop—she said, "Will you cash this cheque for Miss Mallinson?"—she handed me this cheque (Drawn by Henry Milner on the London and South-Western Bank for 9l. 12s. 4d.)—I know Miss Mallinson—I had not any change, and I said, "I have not sufficient to cash it"—she said "I will try the chemist opposite," and she went away—she returned in a few minutes, and said, "Give me what you can spare 'and send the balance on to-morrow"—I looked up what I could spare (about 6l.), and she handed me the cheque and went away—I presented it at my bank the London and County Bank, at Stratford—I never received the money.
Cross-examined. It was not a foggy night; the fog was later on-Miss Mallinson is a customer—I never saw the female prisoner before—I have to wear spectacles occasionally—the next time I saw her was on 10th February, at 39, Henslow Road—I went there with the police—I saw her twice—I do not know whether she had a bonnet on, or what—I saw her again on 25th March, when she was in custody—I went at the request of the police to identify her—when I went in the room I saw that she was the person, but for my own satisfaction I looked round—I did not ask her to take her bonnet off—I said, "Will you raise your hat, please"—then I felt more satisfied, because I saw her forehead and her I hair was parted on one side.
Re-examined. I am long-sighted.
ELIZABETH MALLINSON . I live at No. 2, Craven Villas, Forest Gate—I am single, and keep a school—I saw the prisoner at Guildford—I had never seen her before to my knowledge—I am a customer of Mr. Munro—I had no account at the London and South-Western Bank—I do not know Henry Milner—this cheque was never in my possession—Mr. Munro showed it to me on 22nd January—the endorsement, "Mary Ann Mallinson," is not mine, nor is it written by my authority—my name is not Mary Ann.
HENRY HOLLINGSWORTH (Re-examined). We have a customer named Harris James Sadgrove—the order produced was presented to me on 18th September, 1879 (This was on the South-Western Bank for 50 cheques payable to bearer, signed Frederick H. Sadgrove)—I delivered the cheque-book to the person who presented the order—it was the male prisoner—the numbers run from 236851 to 236900—I made an entry at the time—these cheques (236878, 286871, and 286875) are three of the cheques—the first 8 has been altered from a "3" in two of them—it was originally a 3—we have a customer named Henry Ernest Milner but not Henry I Milner—this is not Mr. Milner's signature—I am speaking of the Upper Norwood Branch of this Bank—these three cheques have passed through our bank and been returned unpaid—we have no customer named Henry Davis.
Cross-examined. This is a large bank with several branches—I have been removed from the Norwood branch to the City office—this cheque book had nothing to do with it—I believe a cheque-book was issued to the prisoner shortly before the one in question—I told the Magistrate that 100 cheque books a day were issued—that was a mistake—a great number are issued daily—I have no memory of that particular cheque book except from seeing the order produced and the entry I made—I did not examine the cheques in the book before I handed it over, only the first cheque—there were about 500 customers at that branch—they
vary considerably—I do not know the name of every customer—fresh Vomers come every day—I left that branch just before Christmas 1879 there would be a great many customers—I knew the name of every one en I left and could swear to their signatures—I was not cashier—a fresh account is opened through the manager or first cashier—the prisoner was pointed out to me at Ilford as the man who had been taken custody about these cheques—I will swear he is the man—I did say before the Magistrate, although I believed him to be the man I would not swear it.
HENRY GROVE SADGROVE . I am an auctioneer at Forest Hill—I have a business at Upper Norwood and in the City—William Smeeton was in service in the year 1876 for about six weeks—the business was then my father's, Frederick Sadgrove's—I managed it—my father had an account he London and South-Western Bank, Upper Norwood branch—I used to sign orders for cheque books for my father—our offices were then in Belvedere Road—I believe the writing on this order to be William Smeeton's, the signatures to the cheques as well—I gave the prisoner authority to write the order—I have not seen him since he left my employment till lately—Edith Smeeton came to meet him at my office—ok them to be man and wife.
Cross-examined. I employ a boy—I had other clerks—I will not pledge oath to the prisoner's writing—I must have seen him write—he kept books—I did not overlook him when he was writing—this letter is not filled up in the way I used to do it.
FREDERICK McLEAN . I live at 55, Furley Street, Peckham—I have known the male prisoner seven years,-and the female five years—they by repute as man and wife—about last October I saw them at 33, slow Road, Dulwich—William Smeeton showed me a telegram, and asked me to write an answer to it—he said, "Enclose 2l. on account of defence of Miss Denham"—I wrote the letter, and addressed it to Roberts, solicitor, Stowmarket—I subsequently asked him why he wished me to write it—he said, "Miss Denham might be searched, and not want my writing to be seen," and that there was a cheque-book found on the girl—I said, "It is funny thing how a girl in her position 1 get a cheque-book"—then he said, "It was obtained by Sadgrove, a auctioneer, and you know I was clerk to Sadgrove"—I knew that Denham been servant and companion of a lady—she had lived at 45, Palace Square, Upper Norwood, and other places—I remember William Smeeton going to Pontypool in February—Edith came down the evening he went away, to my house—she said, "I have had a great fright. There has been a man to look after the house. I think something will come of this"—she seemed very much frightened—I told her I would come and see her during the ensuing week—she said she had seen a man talking to two detectives—I saw her subsequently, and asked her what she was frightened about—she said, "It is about that cheque-book that was found on Lizzie, and if that beastly Roberts goes to the manager of the bank it will be all up with Billy and I"—I afterwards wrote a letter to Mr. Roberts—I received an answer—I gave information to the manager of the South-Western Bank—on 26th March the male prisoner came to my house—he said, "We have had a bother this morning. Edith has been taken. She is quite innocent. We are going to employ Mr. Armstrong to try and prove an alibi"—I said, "Well, I have seen the order
to the bank for the cheque-book, and it is undoubtedly in your handwriting"—he said, "Oh dear, no Lazzie got the cheque-book. I did not get it. You did not swear to my handwriting"—I believe it to be his handwriting—I saw him again the next day—he said, "They will not accept bail, and it is all up with Edith"—I said, "You have got the two women into trouble, and you should move heaven and earth to get your wife out"—he made no answer—he then left.
Cross-examined. I have been doing nothing for five years—three years ago I had an engagement with my brother—I am an architect—I have also been a photogrpher—I have known William Smeeton about seven years—I was friendly with him—she used to come and sleep with his before they were married—I have had some experience that way myself—I got a divorce because another man ran away with my wife—McDonald was not that suit—I lived with Mrs. McDougal in Smeeton's house for about a week before that suit was instituted—I told Smeeton's house for wife, but he knew—I said, "Billy, I have got married"—I have paid him and have the receipt—Smeeton was witness in the case at my request—he appeared against me—I wished him to—I could not brine my landlady forward—he was called by the petitioner—we were just as friendly as ever—he gave his evidence fn November—the police communicated with me with regard to Smeeton, but not as early as November or before Christmas—there is no mistake about that—the tot time was the 2nd of March when I went to the bank, and Mellish called on me about a week or a fortnight after—I will swear it was not before Christmas-tiie police asked me to let them know when Smeeton came back—I was not watching him in February—I will swear it—he went to Wales on 9th February—I wrote to McDougal on 23rd Maroh—I hive not been watching Smeeton for the police since he went to Pontypool—I wrote the word on that envelope—I used to see Smeeton about once a week or once a fortnight—it is about three years since Mrs. McDougal and I boarded with him—I never lodged in Peckham—I remember telling Smeeton I wanted some furniture—that was at New Cross—he sold me some—I paid for it, about 5l.—I paid him 5,. a week—I have the receipts but not here—I saw him in October, and conversed with him about writing a letter—I have no spite against him now; not the slightest I am only anxious to furtter the ends of justice—he showed me a telegram and asked me to write this letter—he did not say he had been writing to Roberts, because he did not want to write in his own handwriting—he did not tell me he had written—I did write the letter in his name, and signed it with his name and address—on the second occasion I did the same-Smeeton went to Pontypool to take employment in connection with Rickett's Blue—he was there about six weeks—I do not know that he is in a consumption now—he told me he left because the work was too hard for him, and there was a great; deal too much running about—I believed I mentioned the detective before to-day—he said Roberts was a lawyer at Stowmarket and in Suffolk—Denham was servant and companion to Mrs. Smeeton for some time—I believe she nursed her children in their illness—Mrs. Smeeton said something about that being the reason they contributed to the defence of Denham.
GEORGE MELLISH (Police sergeant. K). On 25th March I went to the prisoners lodgings, 50, Hasenby Square, Lyndhurst Road—I saw the female prisoner and said to her, "I shall take you in custody for passing
a cheque upon Mr. Munro, a grocer at Forest Gate"—the male prisoner replied, "Have you a warrant?"—I said; "Yes"—he said, "Read it"—I read it—he said, "I never passed any of the cheques. This is the spite of the solicitor over not getting his money in the last case, of the girl that is now in prison. Are you going to take me?"—I said, "No, I have nothing to do with you"—he said, "Then I will go and see Mr. Armstrong"—I took the female to West Ham Police-station, and from there to Peckham Bye railway-station—there Mr. Walker recognised her as she was coming out of the waiting-room—he said, "That is the woman that passed a cheque on me"—I had not seen Mr. Walker before that—I searched her the next morning—I found this letter, addressed to Mr. W. F. Smeeton from Mr. Roberts, in a box in the male prisoner's presence—Mr. Roberts's bill of costs was with it—I asked him what it was—he said it was costs incurred in consequence of the girl that was in prison—I also found a newspaper, the account of the trial, in the box.
Cross-examined. Viney went with me—I do not know whether he was there when Walker came up—he was with me when I arrested the woman, then he went away, and I saw him again at Peckham Rye Station—she had a baby in her arms when she came out of the waiting-room—I have not been asked before about the conversation—I have been in the force 12 years.
RICHARD WILDEY (Police Inspector K). I arrested the male prisoner on 3rd April, outside the Court at Ilford—I said, "You will be charged with a woman who has given the name of Edith in changing a cheque for the payment of 9l. 13s. 4d., and defrauding Mr. Munro, of Forest Gate"—he said, "You have made a mistake"—afterwards, when the charge was read over to him, he made no reply.
CHARLES CHABOT . I have made handwriting my study for 25 years—the signatures to these cheques are in the same handwriting; also the endorsements; I have compared them with the order for the cheque-book, and believe them to be in the same writing. (H. G. Sadgrove here stated the cheque were the prisoner's writing.) These letters are in the same writing and more natural—the other is a manufactured hand, and devoid of characteristic, or nearly so.
Cross-examined. Superficially, no one would think the cheques were in the same writing—one of the signatures on the cheques diners from the others, but that does not raise a doubt in my mind—I have nine pages of letters here to compare it with—they are press copies, which are as good as original except for the defects in copying—I may have made mistakes in my evidence before, and juries have decided against me—in some cases the verdict did not rest only on my evidence.
The Prisoners received good characters.
WILLIAM SMEETON— Twelve Monty Imprisonment. EDITH SMEETON— Four Months' Imprisonment, with such labour as is suitable to their condition.
Before Mr. Common Serjeant.
MESSRS. CRAUFURD and LLOYD Prosecuted.
ELIZABETH CLARK . I am the wife of Daniel Clark, of Providence Road, Woodstock Street, Canning Town, a cowkeeper—about 9.30 a.m. on 2nd of April Hicks came to my shop and asked for two eggs—my daughter served him"—he threw down a shilling, she gave him a threepenny-piece and seven pennies change—he took the shilling and then walked away—Cooper then came in and said, "I will have two of the same as the other has had"—Hicks was then passing out at the door—Cooper did not name him—my daughter served him—he put down 6d.—she gave him id. in coppers change—he went out following Hicks—my daughter spoke to me, in consequence of which I went to the till, which previously had contained no silver—I examined the shilling and sixpence—these are the coins (produced)—I gave them to a constable.
ELIZABETH CLASS . I am the daughter of the last witness—I have heard my mother's evidence—it is correct—the prisoners passed each other in the shop—I had seen them outside the window, close together, looking into the shop—I was serving two children, who went out just before Hicks came in—Cooper asked me for two of the same as the other one had—Hicks had taken the eggs off the counter.
ELIZABETH MOSS . I live at No. 5, Priory Road, with my parents—I am 18 years of age—on 2nd April, about 9.30, I was in the Barking Road—I saw the prisoners with a policeman—Cooper dropped a coin is a puddle of water—I picked it up—it was in tissue-paper—I gave it to the policeman, who undid it, and said, "Here is some more bad money"—I had never seen Cooper before.
HENRY LEEMAN (Policeman K R 2). On the 2nd April the prosecutrix gave the prisoners into my custody—she at the same time gave me these coins (produced) in the presence of the prisoners—Cooper was of the right-hand, and Hicks on the left-hand side of the street, about 70 yards from the shop—I went after Cooper—I said, "I shall take you into custody for uttering a counterfeit sixpence"—he made no reply—I took him across the street to Hicks, who was detained by Mrs. Clark—I said to Hicks, "I shall take you into custody for uttering a counterfeit shilling to Mrs. Clark"—he said, "I did not know it was a bad one"—I took them to the station—Moss brought this half-crown—she said Cooper had dropped the coin between his coat and trousers, on the left-hand side, in a pool of water; it was wrapped in tissue-paper, but it had rubbed off, or words to that effect—I marked it in their presence—I found on Hicks 1s. 6d. and a threepenny-piece, good money in silver, and eleven pence in bronze, also some articles he had bought, half an ounce of tobacco wrapped up in a newspaper—we could not trace where he got it from—on Cooper I found four sixpences and a threepenny-piece silver, and 3s. 2 1/4 d. in bronze, a piece of steak, the eggs, and a sling.
Hicks's Defence. This gentleman is quite a stranger, that is all I have to say.
GUILTY — Twelve Months' Imprisonment each.
MR. ISAACSON Prosecuted.
JOHN NICHOLLS . I am a provision dealer, of No. 23, Addle Street, Greenwich—on Friday, 2nd of April, about 4 p.m., I was at the Pier head, Victoria Dock—I was wearing a silver hunter watch, gold Albert, gold locket, and a small coin attached to it—I asked the prisoner for the small steamboat to Black wall—he said, "There will be no more to-night, but I can show you where you can get a waterman's boat"—there were two or three men about, but I did not notice them—the prisoner came with me across the caisson which divides the pier head from the dock, to where there was a dark alley—when we were about half way down the alley he put his right arm from behind round my neck, and threw me against the wall—I was afraid—I could not see at all on account of the darkness—he held my head back by the force of his right arm—I felt my watch being taken away—I did not see it in the hands of any person—directly I was released I saw two men—I had heard a party following—he one could have secreted themselves in this dark alley, because you could see the light at the other end—they ran away; I ran after them—I will positively swear the prisoner is the man who put his arms round my neck, and that he is one of the men who ran away—I lost sight of them—I gave information at once—I next saw the prisoner at Barking Road Police-station—the police fetched me there, and I identified him from five or six other men—he was the second man—directly I saw him I said, "This is the man," and I put my hand on his shoulder—he said, "I did not take your watch;" I said, "I did not say you did, but you held me while the other man took it."
Cross-examined. You had a white handkerchief on—I cannot swear it was the same one you have on now—I noticed you by your handkerchief as well as by your face.
FREDERICK BROWN . I am a labourer, living at No. 14, Arkwright Street, Canning Town—on Friday, the 2nd of April, about 4 p.m., I was) on the pier head against the Roundhouse at Victoria Docks; I saw Mr. Nicholls, the prisoner, and another man—I heard Mr. Nioholls ask the prisoner whether he could show him where there was a boat—the prisoner said, yes, he could take him—he led him across the caisson, and took him down some dark arches—they are called the "dark alleys"—I followed—the prisoner caught hold of Mr. Nicholls by the neck, putting his arm round his neek—he held him back against the wall—then the other man that was with the prisoner put his right hand in Mr. Nicholls's left-hand waistcoat pocket—he pulled out something which I could not see—then the prisoners ran away—Mr. Nicholls ran after them—I was about four yards off, and inside the dark alley, when this occurred—it would have been no good my trying to prevent it or calling out, because nobody could have heard me—I heard the prisoner say to the other man, "I will have his watch"—that was said against the Roundhouse—I was close to them then—I was going screening, that means scraping the coals off the shoots.
WALTER BREED . I am a detective officer stationed at Plaiseow in Essex—I apprehended the prisoner on the 6th April in Commercial Bead, Stepney, about 8 a.m.—I charged him with being concerned with another man in stealing a watch and chain 'from a person on the 2nd instant—he said, "All right; I will go quiet; do not hold me; have you caught the other?"—the property has not yet been discovered—the other man has absconded—I do not know the prisoner—when the prosecutor identified
him he walked straight up to him and put his hand on him, and said "This is the man," no watch being mentioned—the prisoner said, "It is false; I did not take your watch"—the prosecutor then said, "I did not say you did, but you held me while the other man took it"—the prisoner then said, "It is false if you say I took it"—the prisoner was not charged till the prosecutor had identified him—I told him what he would be charged with when I took him at 8 o'clock in the morning. Prisoner's Defence. I went up as a witness for a shopman who had had some flannel stolen, and these lads all swore they would get me six months. I was going to my work. I know nothing about it. Witness for the Defence.
ELIZABETH BROWN . I am the prisoner's mother—he goes to work at the Victoria Dock—he was in my place on Friday, 2nd April, till 25 minutes after 4—I live at No. 2, Shepherd's Terrace, Victoria Dock Road—that is 10 minutes walk from the place.
Cross-examined. He was in our place from 3.15 till 4 o'clock—he was in his aunt's at 3.15—I saw him go there from our place—it is opposite, and we could watch him from the window and back again—he takes his dinner and tea between 3 and 4 when I can afford a dinner.
He also PLEADED GUILTY to a previous conviction of felony.— Eighteen Months' Imprisonment.
Before Mr. Common Serjeant.
MR. POLAND and MR. M. WILLIAMS Prosecuted; MR. CHAPMAN Defended.
ALFRED ASHLEY . I live at 57, Edith Grove, Chelsea—I am out of employment—early last year I was manager to Mr. Derry, who kept a wine store at Gravesend and Woolwich—the prisoner became a customer last May—he was in uniform—he had on a uniform overcoat—he ordered I wines and spirits, which he said were for the sergeants' mess—it came to 1l. 15s. 6d.—he said he should not be able to pay for it for a week—he showed me a paper, which satisfied me he would be entitled to some money shortly—he gave me the name of Duplegley—I sent the spirits by a boy to the place he mentioned, which was nearly opposite the Auxiliary Hospital—he said he was at the hospital—I afterwards saw him there he afterwards paid mo 5s. on account—that was since the June quarter day—it was in the wine offices—I saw him again in August and September at the hospital and at the wine stores—I asked him for the balance—he said he could not pay—he asked me to lend him some money—I lent him various amounts during July, August, and September—6s. was the largest amount at a time—he applied for half-a-sovereign in October at the wine stores—I could not lend it—he came about a week afterwards, and I lent him the sovereign on security of some drugs which he brought—I was then living at No. 6, Crescent Road, Plumstead—he brought the drugs to the store—it was either four or six bottles in a parcel of brown paper—he said they were worth about 12s. each—the Dottles were like those produced, labelled, "Howard's sulphate of
quinine"—I think the labels were cut like these, the address being cut off—there was no memorandum—I left Mr. Derry's service about 10th November last—before that I had lent the prisoner some more money, I cannot tell how much, but about 30s., making 2l. 10s. in all—he had paid off the small sums—he brought me from time, to time, when I lent him money, some drugs as security—I also lent him 1l. 6s. at Mr. Derry's—there was one bottle of iodide of potassium, one of chloroform, and one of opium like those produced—he brought altogether about 12 bottles of quinine and a few grains of atropia—I am speaking from memory—after left Derry's I met him outside the hospital—it was not by appointment—it was outside the sergeants' mess—I kept the drugs for a time—I asked him where he got them—he said, "I have been a chemist before I joined the Army"—the sovereign I gave him was to pay Derry's account—I saw him once at my house—he gave me some medicine for my own use and for my child—I also saw him at the hospital—I went sometimes to his own quarters, and sometimes to the dispensary—I was in the habit of seeing him constantly, and seeing him at the sergeants' mess—he never repaid me any of this money—he told me he had paid Derry's account—I gave him a receipt for it to show his wife—finding that he could not pay me, I realised my security, and commenced to dispose of the drugs—about 20th November I went to No. 12, Moore Park Road, Fulham—I was still living at Woolwich—I took four bottles of the sulphate of quinine—I there saw Mr. Charles Palmer—I knew the landlady—I asked Palmer to sell the bottles of the sulphate of quinine, and he volunteered to do so—he went away—he brought me 5. a bottle—I did not know what he sold them for—I afterwards took the remaining bottles of the sulphate of quinine to Palmer, who sold them for me, and gave me 5s. a bottle I also took the bottles of iron and quinine—I do not remember what he gave me for them—I do not think it was more than 10s. a bottle—I went at separate times—I also took him the iodide of potassium; that was about 10s. a bottle—I also took him the opium and the chloroform—these visits took place between 20th November and the end of December—I have no memorandum; I speak from memory—I have been in the wine trade—I do not know the value of the drugs—the prisoner did not tell me their value—I told him I was selling the drugs in November—I said, "I must sell them to get the money"—he said, "Keep them for a time, "but I wanted them one—I kept them only a few days—I afterwards told him I had sold them—he did not ask me about it—I also made the acquaintance of a man named Meynell—that was after these things were sold—it was at No. 12, Moore Park Road—I gave one bottle to Mrs. Fitzgerald, a lodger in the house—that was the last bottle—it was either the end of December or the beginning of January—she sold it for me, and gave me 10.—in March the police gave me some information about the drugs—Littlechild asked me to go to the Solicitor to the Treasury—I made a statement about what I knew of this matter—I afterwards gave evidence at the police-court—I never rendered the prisoner an account of the moneys I received—he did not apply for one, nor for the balance, and so the matter stands.
Cross-examined. The labels of the first four bottles were cut—I have been out of employment since last November—I am a wine merchant—I was in Derry's employment about six months—I was not satisfied with him—he did not tell me he was not satisfied with me—when I gave him
notice he said I had saved him the trouble of giving me notice—ho complained of my having a drop too much: not getting drunk—he gave me no character; I did not apply for one—I did not owe him any money when I left—I have paid the landlord I was lodging with when I was with Derry—I am now in debt for rent incurred before I left Woolwich—I left there in March—Derry lent me money—I did not ask the prisoner for an I O U—some letters passed between us—I visited the prisoner for my money, not for physic—he never performed an operation upon me—I did not pay him for the medicine he supplied me—this is my signature—(Mr. Duplegley. To account rendered, 1l. 6s. 6d. Paid, E. Derry and Co.)—that refers to wine he had of Derry's—I still say he did not pay that account, except the 5s. which he gave me—I' signed the receipt because he wanted to show it to his wife; he told her he had paid it—I was friendly with him in May and June, and was frequently at the hospital—I did not inquire whether his statement about the drugs was correct—I did not know him to be a soldier—I did not know he was connected with the hospital; I found that out about June—the drug were not set out upon the shelves in the room at the hospital—I saw some medicine there in bottles—I knew him as the man in charge—I told the Magistrate I gave him the last sovereign to pay Derry's account—Mr. Palmer was introduced to me as an agent—I have no memoranda of the transactions between me and Palmer; there were no documents between us—I never told the prisoner what I received for the bottles—I knew the prisoner's wife—I have been several times to the house—they live in soldier's quarters—the prisoner's wife is known as Mrs. Duplegley.
Re-examined. I told the prisoner Derry's account must be paid, he having got my receipt, and I lent him the sovereign to par it—that was after Mr. Derry had seen my wife about it and she had shown him the receipt—I never went into the store where the drugs were kept—I saw the prisoner in the dispensary.
CHARIES PAIMER . I live at 40, Somerville Road, Peckham—last November I was lodging at 12, Moore Park Road, Fulham—I there made the acquaintance of Ashley—I sold for him bottles of Howard's sulphate of quinine, similar to those produced—he took them out of his pocket—they were wrapped in white paper—a man named Meynell lodged in the same house—I gave some to him, two on the first day, and received the money for them, 8. a bottle—I gave Ashley some and kept the balance as commission—I also sold some to a chemist named Everett, of Albion Place, Moore Park Road—I cannot say how many—I sold him one of those of iron and quinine for 27s.—I gave Ashley 24s. of it, also one of iodide of potassium and one of opium—I sold a bottle of chloroform to Everett for 4s. 6d.—I am not sure how much I gave to Ashley—I also sold three lots, and one of iron and quinine to Mr. Vincent, chemist, of Walham Green Road, at 6s. or 7s. a bottle, and 27s. for the iron—I sold them in the same state they are now.
Cross-examined. I am an agent—I have had no agency transactions in drags before this—I do not transact my business in the same manner as a rule—I made no note of it—I do not think I told Ashley what I received—I was introduced to Ashley—I asked if he was a chemist—he said he received them from a chemist—I did not inquire how he came by the goods.
Re-examined. He told me he had received them in settlement of a debt.
HENRY HUDSON MEYNELL . I live at 2, Cornwall Road, Pulham—I am a billiard-marker—last November I was lodging at 12, Moore Park Road—I met Palmer in a public-house—he gave me some bottles of sulphate of quinine to sell for him—I took about nine in all—I sold them to Mr. Everett at 8s. a bottle—I gave the money to Palmer—he gave me 1s. 6d. or 2s. commission—I sold some iron and quinine to Everett for Palmer at 27s. a bottle—I forget what the commission was; I think 3s.—I once went with Palmer to Everett's and sold two bottles of iodide of potassium and one of sulphate of quinine—Palmer sold this bottle of chloroform at Everett's—I forget the price—I sold none at Vincent's—I gave all the money to Palmer except a commission—the sales took place near the end of November to the middle of December—I did not receive any direct from Ashley—I knew him afterwards.
Cross-examined. I first saw Ashley at 12, Moore Park Road about the end of November—I cannot swear to the date—I have received 5l. or 6l. commission—I made no note—I did not know how Palmer came by the goods—I sold them to satisfy a friend—Palmer is a general agent. Victo Ria Adelaide Fitzge Rald. I live at 12, Moore Park Road—I received a bottle of iodide of potassium from Ashley the end of last year—I took it to Mr. Vincent—I left it with his son and returned next day—I received something like 1l. for it—I forget what it was—I gave some of the money to Mr. Ashley—I could not say how much Ashley allowed me to keep—a label was fastened to the bottle.
HENRY EVERETT . I am a chemist, at Albion Place, Moore Park Road, Fulham—I bought some of these drugs—the first was a bottle of iron and quinine for 28s.; afterwards about 10 bottles of sulphate of quinine at 8s. a bottle, from Meynell—it was about the end of November—also a bottle of iodide of potassium for 20s., a bottle of tincture of opium for 4s., and a bottle of chloroform for 4s. 6d.—I communicated with Messrs, Savory and Moore—they were given up to Mr. Abbott, their manager.
Cross-examined. I made a list what I paid before Mr. Abbott called in December—I had seen Meynell and Palmer "before they came with the drugs—I have said I took no steps to verify the accounts given by them.
Re-examined. The first labels were not cut.
PHILIP VINOENT . I am a chemist at 19, Gordon Place, Walham Green—Palmer brought a bottle of quinine on 28th November—I paid him 7s. for it—he also sold me a bottle of iron and quinine for 29s.—I afterwards saw Savory and Moore and gave information about the matter—I saw the bottle of iodide of potassium in my son's possession on 6th January—it had no label—I opened it—the seal was complete—the next morning Mrs. Fitzgerald came—I gave her a guinea for it—this is my seal on the bottle now.
Cross-examined. I knew Mrs. Fitzgerald lived at 12, Moore Park Road, about five minutes' walk off.
ARTHUR ABBOTT . I come from Savory and Moore's, 143, New Bond Street—I received these drugs produced, from Mr. Everett and Mr. Vincent—they have our labels which we supply to the Government, and not the same as we supply to the public—the market price of the iron and quinine is 48s. a bottle, iodide of potassium 36s. a bottle, the quinine 12. loz. bottle, the opium 4s., and the chloroform 2s. 6d.—we supply the Auxiliary Hospital—I have my register of orders from the hospital—on the 7th October were is an entry in my writing for iron and quinine, and iodide of potassium, the same as these produced.
Cross-examined. We supply nearly all the hospitals in the service with drugs similar to those produced—the labels can be washed off.
Re-examined. Our labels would be a guarantee that the drugs were genuine.
WILLIAM HENDRIE . I am a chemist's assistant at Apothecaries' Hall—they supply drags to the Auxiliary Hospital at Woolwich—I produce my book—I find supplied on 14th October six half-pint bottles of chloro form! also five bottles of tincture of opium, similar to those produced—I supplied a similar quantity on 22nd April—we only supply the opium and chloroform for exportation.
Cross-examined. We supply other hospitals.
RICHARD HAWKEY . I am a sergeant in the Army Hospital Corps—I was appointed compounded of medicines on 19th March, when the prisoner was arrested—I took stock of the drugs—I took account of drugs taken into the hospital between 1st April, 1879, and 20th March, 1880—I gave Mr. O'Brien the particulars.
Cross-examined. I was more particular with the drugs mentioned in the doctor's order.
THOMAS BUTLER POWER O'BRIEN . I am a sergeant-major in the Army, stationed at Woolwich—I have examined the books of drugs supplied and served from 1st April to 20th March, with other medical officers who are members of the Board—I got a return from Sergeant Hawkey, who had taken stock—I find a deficiency after making due allowance for waste, etc., of over 181b. 10oz. of potassium, 71b. 7oz. of iron and quinine, 3lb. 7 1/2oz. of sulphate of quinine, 5lb. 15 3/4oz. of opium, 5lb. 2 1/2oz. of chloroform—it was the prisoner's duty to keep some of the books—others are kept by the medical officers—he entered the prescriptions—they are then fifed—I told the prisoner the amount of the deficiencies—he said, "If that is the deficiency it would take a donkey-cart to remove them"—I asked him if he had any explanation to offer—he said, "Owing to pressure of work, prescriptions which I have had to repeat have not been entered"—the prisoner was brought up before the Board on 23rd March—he said nine months' prescriptions had not been entered—I adjourned the Board for him to produce prescriptions which had not been booked—he produced five, three of which had not been entered—the prescriptions would remain in the care of the sergeant—they were of no use, but still should not be destroyed—of course we gave the prisoner credit for the remaining stock—an inspection was made of the Auxiliary Hospital—an entry of it would be made in the books of the Herbert Hospital.
Cross-examined. The prescriptions should be entered when repeated, even when given verbally—they are often given verbally—I have not often seen one like this, "repeat as often as required"—about ten or twelve doctors would be entitled to give orders about prescriptions, including two civilians—I have known the prisoner during the two years I have been at Woolwich—he bears a good character—he has been in the Army, I believe, over 20 years.
Re-examined. He must have been a soldier—he had been two years a compounder—only a man of good character would be selected for that post, and every confidence would be placed in him.
ARTHUR ABBOTT (Re-examined). I have calculated the value of the deficiency—according to the contract price it would amount to 10l. 12s. William Joseph. I am captain in the Army Hospital Corps, stationed
at the Herbert Hospital—I have known the prisoner 18 months as Duplegley—a deficiency in the stores was discovered, and I spoke to the prisoner in the presence of Inspector Littlechild and another officer on 18th March—I said, "These are two detective officers, who are investigating the sale of some drugs which are supposed to have been sold or made away with by you"—he replied, "Me! no, never"—Littlechild said, "Do you know a man of the name of Ashley?"—he said, "I do"—he was asked by the chief medical officer "Have you given Ashley any drugs?"—he said, "No, never"—I placed the prisoner under military arrest—afterwards I asked him, "Has anybody besides yourself had access to the stores?"—he replied, "Yes, Corporal Brown, but he is honest, and would in no way interfere with the stores"—the next day he was brought before his commanding officer—Ashley was there asked where he got the drugs from—they were all produced there—Ashley said, "I received them as security from the prisoner for money lent, amounting to between 3l. and 4l."—the prisoner was asked why he sold them—he did not reply—then Ashley was asked, "Why did you sell them, having received them as security?"—he said, "Because I wanted the money"—the prisoner was then asked in the usual way whether he had anything to say—he replied, "I never sold medicines, I only gave them to Ashley; lam not guilty"—he remained under arrest till 25th March, when he was handed over to the police at Woolwich.
Cross-examined. The prisoner has a good-conduct medal, and will be entitled to a pension in six months, of half-a-crown a day—the principal medical officer makes an inspection of all the hospitals in his district—he reports to the Director-General—I was not present when the inspection was made, but I know the regulations require it—it would appear in the hospital books.
Re-examined. I have no reason to doubt it was made.
WILLIAM BROWN . I am a corporal of the Army Hospital Corps attached to the Auxiliary Hospital—I assisted the prisoner ten months before his suspension—he is a married man and has one child—I knew Ashley by sight—I have seen him at the hospital frequently—he came to see the prisoner—I have seen them together going up and down the passage—the keys of the store were kept on the window-sill in the surgery opposite the surgery door—the prisoner would be answerable for them and for the took.
Cross-examined. I was very often in charge during the prisoner's absence—if any one came for medicine I gave him the medicine—I made a note and filed the prescription—I made no note of what I took from the stores.
Re-examined. The store is about twelve yards from the window-sill there would be a general stock in the dispensary for actual use—no one took the keys while I was there—anybody could see them—when I was off duty prisoner was there—I never saw Ashley in the storeroom nor when the prisoner was in the storeroom.
WILLIAM DURBRIDGE . I am a private in the Army Hospital Corps, stationed at the Auxiliary Hospital, Woolwich—I have acted as orderly on alternate days with Corporal Brown since the 24th July—while I was there no one took the things away—in January last I had to clear away some papers and straw—there was going to be an inspection, and I received the direction of the prisoner, who was the sergeant in charge
of the hospital, to do so—In the waggon shed there was a lot of loose papers—I swept them up and put them with other muck to make dung; and with some loose straw—they were afterwards dug into an onion bed—when I was digging them in the prisoner said I was doing wrong, for I was burying his prescriptions.
Cross-examined. I do not know how many there were—I never handled the keys—I was not allowed in the stores.
JOHN LITTLECHILD (Police Inspector). I took the prisoner in custody on 25th March—I told him the charge—he said he was perfectly innocent—I produce these drugs—I got them from Mr. Abbott—one bottle was broken, and I put it into another one of the same size.
NOT GUILTY .
Before Mr. Recorder.
ROBERT MAKEPEACE . I keep the puke of Cambridge public-house, Woolwich—on Saturday, 3rd April, the prisoner came in about 9 p.m. with the same child in her arms she has now—she was perfectly sober as far as I could see—the child was crying—she lifted it in her arms, and chucked it on the floor—it became insensible—when it came to, it cried—I am sure it was not an accident.
Cross-examined by the Prisoner. You had not been in and out of my house all day.
KATE GASCOYNE . I am barmaid at the Duke of Cambridge—on Saturday evening, 3rd April, I saw the prisoner come in a little after 9 o'clock—I served her with a pint of four-ale—she sat down on the seat between the door and staircase—the child was crying for the breast—it would not stop crying—she called for a penny cake, and I gave it to her—she stood up again at the counter; took hold of the child and dashed it down to the ground—I was close to her—she was not drunk; she ran upstairs—a young chap fetched her down—the child was insensible—it revived in ten minutes—it was not an accident.
Cross-examined. I did not serve you with whisky with at 4 p.m.
FRANCIS LETT , M.R.C.S. I saw the child on 5th of April—it was suffering from a fractured thigh and a severely contused eyebrow—I have attended it since—the prisoner also took it to the hospital—I did all that was necessary at the time: injuries might occur from the treatment the witnesses say it received—she told me the child had fallen downstairs—it has got on remarkably well, there is no danger.
CHARLAES GILHAM . From information I received, I went to the prisoner's house—I apprehended her and saw the child—in answer to my question she said she had had a drop of drink and let the child fall—I charged her with violently assaulting the child.
The Prisoner's Statement before the Magistrate. "I was very drunk and I am very sorry for what I have done; I would not have done it if I had been sober."
Witness for the Defence.
MARY ANK GETTY . I am single, and live in Cannon Bow, Woolwich—I know the prisoner by sight—I saw her on Saturday, 3rd April, at the Duks of Cambridge public-house—she was in and out all day—in the evening
I saw her sitting on the stairs just before they lit the gas, that would bo 8 or 9 o'clock—I had been drinking all day, but I knew what I was doing—I saw her drop her baby in the bar—she was much the worse for drink and was going to get up in a hurry.
Cross-examined. I did not attempt to strike the prisoner—I did not see her strike the child against the wall.
Prisoner's Defence. I was drunk. I am very sorry, I would not hare done it if I had had my senses.
GUILTY of an assault.—Recommended to mercy by the Jury.— Nine Months' Imprisonment.
423. JOHN PATRICK DONOGHUE** (22) to breaking into the dwelling-house of Kate Maria Hopkins, and stealing two watches and three rings, and other articles.— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. CHILD Prosecuted.
MARY KENNETT . I am barmaid at the Admiral Napier, New Cross—on 8th March, about 9.30, I was in the bar and saw the prisoner going through the bar—I knew him to be the late cook's husband, who had left a fortnight previously—I afterwards went up to my bedroom and missed two pairs of brooches, a pair of earrings, and a ring, which were safe two or three hours before—I have seen the brooch since.
Cross-examined by the Prisoner. You were coming from the bar-parlour—any person can go through there and through the bar to the yard, but they would not go upstairs—there is no gate to prevent them—my bed-room was not locked.
ALICE COOK . I am a servant at the Admiral Napier—on 8th March, about 9.30, I was on the first floor and saw the prisoner on the top flight coming down from Mrs. Kennett's bedroom—he asked me where the w.c. was—I told him to go lower down, and showed him the landing—he pushed the door, but did not go in—he then went through the public parlour into the bar—I am sure of his identity—I had seen him before when he came for the cook's boxes.
Cross-examined. There was gaslight on the landing.
JOHN GURTON . I live at the Princess Royal, Warwick Street, Pimlico—on 9th March, about noon, the prisoner showed me this brooch, and said, "Will you pawn it?"—I said, "I won't"—I saw him again at 1 o'clock, and he showed me two earrings and a gold coin twisted to make a brooch—he did not ask me to pawn those.
THOMAS FRANCIS (Police Sergeant R). On Monday evening, 8th March, I received information, and found the prisoner in Bland Street, Great Dover Street—I said that I should take him for stealing jewellery from the Admiral Napier, New Cross, Deptford—he said, "I have not stolen any jewellery, I have not been to the Admiral Napier nor to Deptford since my wife left"—I took him to the station, placed him with others, and Mrs. Kennett and Mrs. Cook identified him—I found 17 duplicates, but none relating to this property.
Vauxhall Bridge Road—I produce a gold brooch, pawned on 9th March by a woman who gave her name Ann Smith, 7, Wood Street.
Prisoner's Defence. I know nothing about the articles—people at this public-house have the privilege of going to the back yard if they wish—there is no gate or lock—the bedrooms are open, and any one could go up and take the things.
GUILTY . He then PLEADED GUILTY** to two previous convictions of felony.— Twelve Months' Imprisonment.
MR. COLE Prosecuted.
JAMES BROWN . I live at 1, Minton Street, Deptford, and am a labourer—the prisoner lodged with me a few weeks—we slept in the same room—I went out with him on Easter Monday, and left him about 9.30 p.m.—some time afterwards I went with a fireman to a public-house in Church Street, Deptford—something was said to me, and I started with my friend to go home—on the way home we met the prisoner coming away from the lodging—I said, "Where are you going?" he said, "I can go where I like," and began abusing the landlady to me—we started an argument, and then I knocked him down—he got up again—we did not fight—I went five or six yards towards home, and then turned back for my hat, and he struck me on my face—I did not see a knife, but blood flowed—I do not remember being struck more than once, but I found several cuts afterwards—I did not fall—he said nothing—I went to a doctor—I had had a glass of liquor, but I was not drunk.
Cross-examined by the Prisoner. I was not present when you got the loan of a knife to cut some tobacco—what you said about the landlady is not fit to be exposed, and it made me angry.
By the COURT. I did not attempt to touch you when I went back for my hat; it was on the road, and he was on the footpath—I picked it up, and he came and struck me on my face, and immediately it bled—no one was with me when I came back.
JANE BALTICS . I live with my father at 1, Burton Street, Deptford—the prisoner and prosecutor lodged in the house on Easter Monday, and some time after 10 p.m. I met Brown with a comrade in Church Street—I stopped and spoke to them, and we all left together to go home, and met the prisoner about four doors from our house—Brown asked him where he was going, but I do not recollect what he said—I looked round, and they were both quarrelling, but I could not see which struck first—I saw them separated—Brown went towards home, and then turned back for his hat, which was lying between the road and the footpath—they got together again, and Brown called out, "I have been stabbed"—I saw blood running from his face, and his comrade took him home—the prisoner and Brown had both been drinking together in the fore part of the evening.
JAMES WILLIAM AYRES . I am a surgeon, of Deptford—on Easter Monday, about 11.30, I was fetched to 1, Burton Street, Deptford, and found Brown in a state of collapse through loss of blood—he had two severe gashes on the right temple and a gash across the cartilage of the nose, cutting well into the cartilage—the wounds on his temple were long and deep, evidently inflicted by a sharp instrument—a sharp knife would produce them, but not a dagger—they were not stabs, they were gashes,
lacerated wounds—I afterwards saw blood on the pavement in the street—he is now able to go to work, but he carries the mark of the wound—there was no danger unless erysipelas had set in.
ALFRED ATTREE (Policeman R 318). I received information, and took the prisoner entering a public-house—I said, "I shall take you into custody for stabbing a man in Burton Street, Deptford"—he said, "All right; I have stabbed no man"—he had been drinking, but he was sober—I searched him, but found no knife.
Prisoner's Defence. I met this man; he assaulted me and knocked me down, and fell on top of me in the street, and it took two of them to separate him from me. After that he came back. I cannot say whether he had come for mere abuse. I had a piece of steel, or patent crinoline spring which I was cleaning my pipe with, and when I saw him returning I struck him with it. I was in a fury of rage and drink. I had no knife. I had to borrow one in the afternoon in the prosecutor's presence. Guilty of unlawfully wounding.— Four Months' Imprisonment.
MESSRS. GRAIN and DENMAN Prosecuted; MR. M. WILLIAMS Defended.
GUILTY .— Nine Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
The following three cases were removed, before Mr. Justice Grove, to this hurt under the Order in Council.
AMY RISBRIDGER . I am a laundress, and a single woman—I have removed from 91, Cromwell Road, Redhill, to 101—I have known the prisoner, who is a widow, for some time, and had worked with her four months—she was a laundress, and lived in the Croydon Road, Reigate, and she had four children, the youngest of whom, the deceased, was, I think, 16 months old—as far as I saw, she was always a kind, affectionate mother to them—on Saturday, 31st January, I was at work for her and saw her—I did not see anything in her condition that attracted my notice—on the Monday I went to her house again at 8 a.m.—she was down in the kitchen, and the deceased was playing with his brother—we all had breakfast, and she asked me to go out and take some clothes home for her that had been washed—I returned to the house and went out again to take out her weekly books—when I came back about 10.30 she asked me to sweep up the kitchen—we had some lunch and she told me that she had seen the child's father, a man named Jenkins, and that he would not support the child—she also said if she could not have the child's father she would not have any one, and would make off with herself—she
told me that she took Nelly, that is the next youngest child to the deceased, to Mrs. Knight's at Redhill—she had made observations of the same character to me before, as to making off with herself, more than three or four times—when I was going home of a night she said to me "Good-bye, Emmie," she called me Emmie, "you will not see me any more; if I don't have the child's father, I won't have no one"—and she said that Jenkins was corresponding with a girl in the Cromwell Road—she said that she had been to the superintendent's office and asked if she could swear the child; those are in substance the observations she made to me—after having lunch on this Monday morning I went out about 10.45 to collect her some money, and take home some clothes to'the lady she washed for—she gave me two letters to post, I think I should know them again, I can't read but I think these (produced) are the two; I took them with ma—as I left she said, "Good-bye, Emmie, you won't see me any more"—when I got in the front gate she said to me, "Make haste back and then we will go down the town together"—she seemed in great trouble about the child, she never appeared in any other trouble that I could see—there was nothing unusual about her; when I left her that morning—she said she was going out for two or three days to frighten the child's father, she did not say when she was going—I said "Don't talk like that, better days aw coming, and summer as well"—I said that when she said I should not see her any more, and it was after that she said "Make haste back"—I was gone about an hour and a half: I forgot to post the letters—she had given me the money to put stamps on them—I returned to the house about 12.30—I went to the back door and found it looked—I then went round to the front door and that was locked also—I then went in next door to Mrs. Smith's, and after what she said to me I went back to the back door—I found the key of the back door in a window close by—I opened the door and went in, and went downstairs into the kitchen—when I left the house the deceased child was in the kitchen in the cradle, not undressed—there was no one in the kitchen when I returned, the cradle was there but the child's clothes were not—I found a letter on the table, and a blue envelope similar to this (produced), as far as I can judge this is the envelope—I took the letter round to Mrs. Smith—I then came back to the house with her and looked over the house—I found all the doors open except the prisoner's bedroom door on the first floor, that was locked—I then went downstairs with Mrs. Smith and went outside to find some assistance—we went into Mr. Parsons's—amongst other persons I saw Mr. Pym and Mr. Horneybrook—I gave the letter to Mr. Pym, he read it and handed it to Mr. Horneybrook to read, he read it and handed it back to me—I afterwards gave it to constable Stenning—Mr. Pym and Mr. Horneybrook went into the house with me, and went to the bedroom door—shortly afterwards Brown, the carpenter, came and burst open the door—I did not go in—Stenning, the constable, arrived shortly after—he went into the room, and Dr. Stone also when he arrived—about an hour and a half afterwards, after the doctors had gone, I went into the room—I saw the prisoner there in bed—the doctor had attended to her then—I saw her throat was bandaged up, I did not speak to her or she to me, her eyes were shut, she never spoke at all—it was about three or four o'clock—I did not know whether she was asleep or not—I gave the two letters that I had had to post to Stenning.
Cross-examined. I did not know the prisoner at all before I was
employed there as a washerwoman—I was not living with her, I was living in Cromwell Road, about a mile from the prisoner—I had seen Jenkins in the police force, but I did not know him to speak to—he told me himself that he was the father of the child—I can't tell when he told me that—the prisoner told me that Jenkins went with the girl on the Redhill Asylum fete day—I was not at work with her when she told me that, it was after I went to work there—it was after that that Jenkins told me that he was the father of the child—it was at Mrs. Knight's, where he was lodging—the prisoner appeared to be in great trouble about keeping this child—she told me that she had had words with Jenkins because he said he would not keep the child—she told me that he had promised to marry her, that he had put it off for 12 months, and had not paid a penny towards the child, and then he took up with this other girl—as far as I know, the neighbours had treated her very kindly—she was in great trouble about the child from the first month that I was there, and also about the man being faithless to her in not marrying her—I cannot read or write—she has oftentimes said she would make away with herself—she used to say to me and the other girl who worked there, "Good-bye, you won't see me any more"—it was a common expression for her to say that—she said she could not keep the child if Jenkins did not pay something for it, that she had a hard matter to support herself and the other children—the eldest of the others is about 14 years old, and was at work at Mr. Keasley's; the other two went to school—I knew Dr. Walters had attended the prisoner during the time I was employed there, off and on the whole time—she worked at the washing herself—I used to go there sometimes about half-past six, and work there till late, and go home by train at 15 minutes past 9—I had to work wry hard, because she had a deal of work—she used to work standing at the tub washing—Dr. Walters was attending her for loss of blood, some complaint of the womb—she told me that Dr. Walters said she would never get well without she gave up work—she told me that one Sunday after he had been there—I think it was on the Sunday but one before she done the murder—she said, "How can I give up work and let my children go in the workhouse?"—she was in a very dreadful state of health at that tune—she told me that she had been to Mr. Reece, the town clerk, about getting an order from the Magistrates for Jenkins to pay something; and she found that, as he had not paid anything for 12 months, she could not get any summons—I did not go to the Magistrates with her—I went to Reigate, and asked Mr. Small if she could not bring a breach of promise against him—her despondency increased—she kept on getting worse about keeping this child, and said she would never marry any one without she had Jenkins—she used to say she could not sleep of a night, and two or three nights that I slept with her she was awake the best part of the night—she was very often irritable and petulant, as if her trouble was too much for her—when she could forget her trouble she was not at all desponding, she was as nice and cheerful a woman as I ever worked with—she used to complain of her head very much at times—she had got a sick-headache—at those times she used to say that her trouble was too much for her to bear—she was very fond of the deceased child, and always treated it kindly—I tried to cheer her up all I could—she asked me when I left the house to bring back some soap and soda from Mr. Smith's, in the Elmsdale Road—I think it was since
Christmas that I went to Mr. Small's to ask whether any breach of promise could he had—it was after I learnt that she could not get a summons—on the Monday morning she went to see Mr. Fleming, and I think she was also going to call on Mr. Rogers.
Re-examined. She was very fond of Jenkins—at times she used to say she had dreadful pains in her head—she complained of illness that Dr. Walters attended her for—she suffered pain in consequence of that—it was a common expression of hers to say, "Good-bye; you won't see me any more"—I did not pay any attention to it—it was when I used to go home of a night, not every night, now and then—she used to say it to every one that came to the house—she had no other means of livelihood than the laundry work—she had a difficulty in making both ends meet—I know that from the business she did.
ROBERT BROWN . I am a carpenter, living in Meath Vale, Redhill—on Monday, 2nd February, between 12 and 1, I was fetched to this house in the Croydon Road, Reigate—I saw Mr. Horneybrook outside, and we went into the house and went upstairs together—I tried the bedroom door first, and then forced it open and went into the room—I saw the prisoner and the child in bed, and blood on the bedclothes—I did not make any examination or touch the clothes—I stayed in the room till the constable came, and Dr. Stone afterwards.
JOHN HENRY COLS BOWEN HORNEYBOOK . I am surveyor to the Borough of Reigate—on 2nd February, between 12 and 1, I was in the Croydon Road—I saw Amy Risbridger there—she handed me this letter, and made a statement to me—I read the letter and gave it back to her—I afterwards went into the prisoner's house—Brown, the carpenter, was sent for and broke open the door—I went into the room after him—I saw the prisoner in bed and the child—the clothes were thrown down, just half-way below the prisoner's breast—the child was not underneath the clothes—it was lying obliquely on the pillow, close by her—the prisoner seeemed to me quite unconscious—her eyes were closed—I did not see any wound—I waited there till Dr. Stone came—I saw him find this knife.
Cross-examined. I believe it had dropped from her hand on to the floor, I saw the doctor pick it up, close on that side of the bed.
HERBERT STONE . I am a M.R.C.S. practising at Reigate—on the 2nd February, between 12 and 1, I was called to this house in the Croydon Road—I went up to the bedroom on the first floor and there saw the witness Brown and Mr. Horneybrook—I found the prisoner in bed, with her infant child lying beside her, lying obliquely across the bed with its face turned towards its mother—I found the child's throat was cut; there was a deep incised wound running across the neck, chiefly on the right side; it was deepest on the right side, and wounded the internal jugular vein—it was quite dead, and the extremities were commencing to be cold—it had been dead perhaps an hour—it was nearly 1 o'clock when I was there—the wound had been inflicted from right to left, I should say—the knife had evidently entered on the right side, the depth of the wound was there, and the tail of the wound seemed to be on the left side—I found the prisoner's throat was also cut; it was a horizontal cut in the neck, quite superficial, wounding only the skin and superficial tissues—she seemed in a weak state, but quite conscious—she answered me immediately I spoke to her—the wound had not bled a great deal, not sufficient to cause fainting or anything of
that kind—she was partly undressed, the child had only its nightgown on—I found this knife lying on the floor by the side of the bed on which the woman lay—I handed it to the constable; it was wet with fresh blood—the wound on the prisoner's neck was such as might have been selfinflicted—I attended to it—two other doctors arrived and assisted me—I considered it necessary to put a straight jacket on her, to prevent her doing farther injury to herself—I feared she might tear out the stitches of the wound or tear off the dressing—I had stitched up the wound—I asked her why she had injured her child—she said that it was in order that it might not fall into the hands of that man—she also asked me to give her something to put her out of her misery—I made no reply—this conversation took place immediately after I had examined the child and herself—it was in consequence of that request of hers that I thought it necessary to put the straight jacket on her—I had never seen her before to my knowledge, the death of the child was from hemorrhage from the wound.
JOHN STENNING (Policeman 18 Reigate Borough Polios). I was called to the prisoner's house on 2nd February, a little before 1 o'clock—I went into the room before the doctor arrived—the prisoner and child were in the same position as when the doctor arrived, the position which he has described—as soon as I went into the room I put my hand on the child's face and found it was dead—it was quite warm—I went round to the other side of the bed, where the prisoner was lying, and took hold of her hand—she said, "Oh, don't touch me! It is all through that bad, wicked man"—I told her to keep herself quiet—she said nothing more at that time—when the doctor arrived he handed me this knife—before I went into the room the witness Risbridger handed me these three letters—I afterwards gave them to the superintendent—I went back to the room in the afternoon and stayed there—the prisoner made no further statement to me that day—I was not present when the superintendent charged her—about ten o'clock next morning she said to me, "It is all through Jenkins; I have been good and kind to him"—I cautioned her, as I saw she was going to speak.
Cross-examined. She was removed to the infirmary on Tuesday, the 3rd—I believe I was there with the nurse on Monday from 3 o'clock in the afternoon till 11 o'clock at night, and she did not speak—I was there on Tuesday from 8 till half-past 12 o'clock—the straight waistcoat and the stitching on her throat were still on her.
EMMA DIBSTALL . I am 14 years old—I live with my aunt, Mrs. Knight, at Lingfield Lane, Redhill—I have known the prisoner about four months from 2nd February—I saw her at her own house, and I have seen her at my aunt's house several times—she came to see Jenkins, who was lodging there—on Sunday afternoon, 1st February, I went over to her house and stayed till the evening—she said nothing particular in the afternoon—in the evening she said she should be far away in the morning, and the child with her—she can write—I have never seen her write—she said she was too much worried to write, and I wrote a letter for her at her dictation; I wrote it on an envelope, on the inside—this is what I wrote at her dictation. (Read: "The money which my things will fetch is to be equally divided among my children, Nelly, Nelson, and Bobby. Mrs. Noakes. Nothing is to be touched till my mother or sister comes up.") After I had written it she put it in a book—in the evening we went
upstairs, and I helped her to clear out the drawers in her bedroom—she kept saying she was very much worried and excited, and she would not live to be the taunt and scorn of the people—she said the people in the Cromwell Road were taunting and laughing at her—she had often said she would make away with herself and the child; go away; but she said it so often I did not take any notice of her—she said she would make away with herself and the child too because she said Jenkins would not have her, and would not give her nothing to support the child; she said that to me—we cleared out the drawers because her little girl Nelly was looking for a doll's frock, and the prisoner told her to put the things in straight again, and I helped her—the things that were taken out were all put back again—I saw the prisoner that evening take a black-handled table-knife out of the kitchen drawer; this is the one—she placed it on the top of the drawer—I did not notice her put it back again—she came back with me that night to our house, and she brought Nelly to sleep there that night and stay with us the next day, and she brought her money-book and some letters, and the Sunday before she brought her watch and asked my aunt to mind it till her sister came up—on the second Sunday she said that she would be right away in the morning and take her child with her—the book referred to some money a lady had of heft, and she had this book as an account of it—it was some money that she saved, and the lady had taken care of—I know this envelope and letter (produced), her little girl wrote it for her on the Sunday evening—she is nine years old—I have never seen it before to-day—I did not see it written—I don't think the words outside are Nelly.'s writing—I have never seen the prisoner write.
Cross-examined. I first knew her in October last year—that was not when Jenkins came to lodge at my aunt's—he has lodged there oyer three years—I saw the prisoner a great many times between October and Christmas—sometimes I used to go over four days in the week to see her—she is not related to me—sometimes I have stayed with her the day, and sometimes I have slept there and gone home next day—she was very fond of me—my aunt did not go, because she could not walk—when the prisoner spoke about "taunts," I thought she meant that the people were laughing because Jenkins had broken his promise to marry her, and would not give her anything to support the child; she said so—at the Redhill fete last July Jenkins was keeping company with a younger woman—the prisoner did not know that until November—from that time she became very depressed and desponding, very low indeed—I slept with her several times, and she was very wretched and restless—she began to talk of drowning herself, and used to cry—she said her head was so bad she could not bear her trouble, and she used to seem very excited—she was a very hard-working woman, standing at the tub till late at night she would come and look after Jenkins, and then go home to work till quite 1 o'clock, and then be up in the morning again at 5 o'clock—Jenkins was very ill at my aunt's house, and the prisoner used to go and see him, and was very kind to him; that was after she knew he was keeping company with this other girl—he promised to give the other girl up—I did not hear him say he would marry the prisoner, but he promised to give up going with the other girl—she said over and over again that she would marry no one else.
THOMAS JEFFRIES (Policeman 4 Reigate Borough Police). I was called to this house on 2nd February—while I was in the house the witness Risbridger brought me some money which she had found—after the doctor had been I told the prisoner that Risbridger had brought some money, what was I to do with it?—she said, "Don't bother me about money now"—I told her that Risbridger said that she owed her 2s., should I pay her? and she said, "Yes"—twice in my presence she said, "It was all through Jenkins"—that was while she was in bed.
Cross-examined. I was only there about an hour—I assisted in putting the straight-waistcoat on—at that time her throat had been sewn ap.
GEORGE ROGERS . I am superintendent of the Reigate Borough Police—I have produced the three letters, which were handed to me by Stenning—about 2 o'clock on Monday, 2nd February, I went to the house and saw the prisoner—I went by the side of the bed to her and said, "Mrs. Noakes, do you know me?"—her eyes were partly shut and partly open—she made no answer and took no notice—I then told her who I was—she opened her eyes and made a sort of nod, as much as to say she knew me—I knew her before—she had been to my station three or four times respecting this child—I think she came first about three weeks before the death of the child—when she told me the age, I told her she was too late to take proceedings, but she had better apply to the Magistrate's Clerk—she was in a very excited state each time she came—when I found that she knew me on the Monday I cautioned her in the usual way, and told her she would be charged, or rather, I charged her with the murder of her illegitimate child, then lying in the next room—she made no answer—I went into the next room, and then returned into her bedroom—she then said she was sorry for it, but should not have done it if it had not been for that wicked man Jenkins.
Cross-examined. I have been a long time superintendent at Reigate—I knew nothing of the prisoner before she came to my office about the summons—I knew she was living there, and employed by people of position and distinction, and was very much respected—she appeared to be a hard-working, industrious woman—she came to me three or four times about the child—I think on the Friday night previous she came in a Very excited state, and said she could not keep the child, she would give it to him—I told her she had better not do that, or she might be taken for deserting the child—she said that Jenkins had promised her marriage—I spoke to Jenkins about it, and reported the matter to the Mayor, and, on an inquiry by the authorities he was dismissed, the same night this occurred—he would no doubt have been called upon to resign before that, because the Mayor had called a Watch Committee three days previous—she was very excited on all these occasions—when she last came, on the Friday, I thought she scarcely knew what she was saying or doing—the child was in her arms; a clean, nice child—I told her not to be so excited, to keep her temper, that some steps would be taken—I should be inclined to think, from the way she was exciting herself, that she was not self-possessed, or conscious of what she said.
Re-examined. She said that she had been to Jenkins's house, and that he had got some other girl in the Cromwell Road—that was what she was dwelling on.
table—it was not there when I left the house, for lunch was on the table—when I left the house the other children were not in the house—Nelson was at Selscomb, Nelly was at Mrs. Knight's, and I left Bobby on Reigate Hill—I was the first person to open the envelope—there was a letter inside on an envelope broken open all round—I cannot read writing; I can only say this is the same by the look of it. (MR. AVORY proposed to put this letter in evidence; Mr. Justice Grove was of opinion that it was not admissible, there being no proof that it was in the prisoner's handwriting or, in the absence of the child, Nelly, that it was written by the prisoner's authority.)
MR. BESLEY called the following Witnesses for the Defence.
EDWIN SMALL . I am assistant to the Justices' Clerk at Reigate—I know a little of the prisoner—I did not know her at the time of her husband's death in 1876—she come to my office to seek advice with regard to the deceased child; that was a week or two before its death; 1 could not say exactly, it was within a short period of the 2nd February—she appeared cool when she came in, but she became very excited before she left—she asked for a summons—her excitement caused me to remember her; I don't usually see people in that state—she only came to me once.
Cross-examined. I told her that she could not have a summons owing to the time having gone by, and there being no money paid.
ELLAS CROUCH . I live at Ore, in Sussex—I am a builder, and am a brother of the prisoner—my father was a shoemaker by trade, living at Ore—he was very strange in his mind for many years before his death—he was not capable of doing any work for many years—he twice attempted suicide; I found him myself twice—he was insane I suppose, I should call it so; he was not in his right mind—he attempted his life three times to my knowledge—my brother found him once—we had to watch him—we watched him for over a week at a time because he attempted selfdestruction—my mother is still living—she is very strange; she will sometimes shut herself up for two or three days in her bedroom, and be in bed all the time, and we carry her food—she does not go into society—of course no one in a right state of mind would act so—she is with me now—she very seldom goes out—I remember my aunt, Mrs. Philbrim, my mother's sister, she was burnt to death—she fell in a fit—she has been dead nearly 18 years—she was insane I believe—I have seen her in the family-way—I have stayed with her when my uncle was out—some one always had to be with her when she was in the family-way—my mother's brother, James Easton, is still alive, he is a very eccentric man; he will converse with you at times, at other times he will go days and hardly pass a word with you—I hardly know what to call it; he is not like the ordinary run of people, he is very eccentric—I have two sisters married—when they are in the family-way their husbands have to leave them, they are so spiteful, no one dare go nigh them—they are not at all like that under ordinary circumstances—I had an unmarried sister, she is dead—my youngest sister was married—she wandered the country before her death—four were married but only three had families.
Cross-examined. My mother is 62 years of age—my father has been dead seventeen years—the verdict in his case was, "Died by the visitation of God"—he died suddenly—he went to bed and blew the candle out, and died as soon as he blew it out—his body was examined by a doctor—
I don't know what the result of that was—I don't know whether his heart was diseased—I saw the prisoner the day before yesterday—I saw her before that, about two years ago, not since, until this occurrence—there was nothing the matter with her when I saw her two years ago; she has sent for me if anything was the matter—she has always consulted me if she had any grievance—she was not the same after her husband's death as before; she was cat up at his death—I have never had letters from her—she cannot write—I am sure of that.
Re-examined. The gentleman who attended my father in 1863 was Dr. Grove, of Ore—he is dead—the last attempt my father made on his life was about six months before his death—the prisoner is my own sister, by the same father and mother.
FEEDSTOCK CROUCH . I am a builder at Ore, Sussex—I am a brother of the prisoner and the last witness—my father's name was Frederick Crouch—he was a shoemaker at Ore—he was very strange in his head at times—he was not accountable for his actions—we had to watch him and keep an eye on him at certain times, not always—he was insane—my mother is eccentric, and has been for years; she was more so when my father was alive than she is now, for we have seen to her and kept her moving from place to place to improve her condition, because she is so eccentric—I have known her shut herself up for twelve years and not go out—that was before my father's death—when I say she never went out I mean she would never go outside the yard—for twelve years she never went across the road—I remember my aunt, Mrs. Philbrim, my mother's sister—she was very insane when she died; she never could be left alone; she had a fit and fell in the fire, and was burnt to death—when she was in the family-way she used to be very spiteful, the same as all the rest of the family have been, I am sorry to say, except the males—when she was not in the family-way she was always very mild and quiet—I have two married sisters still alive—there is a mistake there, were are two married sisters, one has a family, the other not; the third is dead—when they are in the family-way their condition is very different, the husbands dare not stop in the room at certain times, not always—they have been just the same when I have been there, I have been ordered out, or had a cup of hot tea slapped at me—I was not wanted, and, of course I left—when not in the family-way they are very quiet and amiable, and will do anything for any one and kind to all.
Cross-examined. I have seen all my sisters at different times when in the family-way—those they loved most, and were most dear to them, were the parties they always picked out—my eldest sister, who I have always been the best friend to, next to her husband, would do you any injury she could just at that time—I never knew them to do any injury, because we always got out of the way—I have seen the prisoner about three times when she was in the family-way while her husband was alive—I can't say that she was quite as bad as the rest; she has been inclined that way, but she has been away more than the rest—we have not had the opportunity of seeing her quite so often—my father did not do any work for a great many years before he died; that did not worry him at all—it was some depression of the heart and bladder, it did not act some where—he suffered greatly from it—he used to complain terribly some times—I have had to walk out with him as late as 12 or 1 o'clock at night
before we could get him to go to bed—he died of rupture of the heart by making a false step going into the bedroom—he died instantly—I had not left him 10 minutes before he dropped—he gave up his work because he could not sit to do it on account of the disease—it was six or seven years after, that I noticed these peculiarities in him; it kept gradually coming on—my mother does not enjoy good health, she suffers pretty near the same as my sister, from some depression of the womb; she, cannot walk sometimes for days and days—she has suffered from that since the birth of her last child 24 years ago—I have heard her complain of pain, and she is very eccentric—we shift her from place to place to keep up her spirits—I have sent her into the country now to keep her quiet.
Re-examined. My father could not work for the last few years of his life—he died in 1863—there were three attempts at suicide by him—the first two were, I think, about two years before his death, and the last about six months—I should say at those times he was insane; he must have been—we used to notice a great change in his countenance when these things came on, and we used to say among ourselves, "Father must he looked after;" and if one wanted to go away the other must stop—he never made attempts on any one else, it was always on himself—he suffered from his head and from his bladder and heart—I have seen him lay on the floor and squeeze his head for a quarter of an hour or 20 minutes, and we could not get his hands away—I have not had much opportunity of seeing the prisoner when in the family way—the first child was born when she lived near me—she has been away when the other two were born—she did not suffer so badly as her sisters—there was always a tendency, but not so much—the better they liked them the more they would try to injure them, the same as their mother.
JOHN WALTERS . I am a B. A. of the University of London, a M.R.C.S. of London, and a M.D. of London University—I have been in practice at Reigate nearly 16 years—I did not attend the prisoner when she was confined of this illegitimate child—the first I remember of her was when attending her late husband in his illness some four years ago—I have no recollection of attending her in the interval—until this unfortunate conuection with the man Jenkins she bore a most exemplary character—I believe it is with regard to Jenkins only that her character was in any way altered—in February, 1879, I began to attend her in her illness; thai must have been about four months after her confinement—she was then suffering from disease of the womb; the complaint consisted of what we call sub-involution of the uterus; that consists essentially of an enlargement of the womb, it not having recovered its natural size since her confinement—incident to that disease she suffered from profuse periodical lost of blood, in fact it was almost constant—I have no doubt that arose from or was aggravated by neglect after her confinement, by the anxiety to get about too soon—I made her wean her child, and I urged upon her then and subsequently the necessity of rest, that the treatment would not have its proper effect unless she could lay up and give herself rest—she was anxious to get well in order, as she said, to be married to some man, who I understood was Jenkins, the father of the child—she constantly spoke of that—she was not then in a fit state to be married—I attended the child in the spring of 1879 for inflammation of the lungs, a very severe attack—no mother could have been more careful or attentive to
her child than she was—she was moat anxious about it, and most solicitous to do everything she possibly could for its benefit—it recovered—I should say that in her station of life no one could have taken more care, of a child, or been more anxious about it, or give more indications of fondness—I saw her constantly at short intervals, on and off, till the actual commission of the crime—she was very weak, in a low state of health, caused by the disease from which she suffered; she complained of great headache and restlessness at night; she was very pale and bloodless; she also complained of palpitation of the heart upon any exertion—a week or two before the commission of the crime I noticed that she was distressed in mind, especially the very day before; I could see nothing indicating insanity, but she was in a state of great mental distress—I perceived those symptoms from my own observations; her friends had not informed me of her threats to commit suicide, or of the statements she had made; I did not know of them till subsequently—the condition of the uterus was somewhat better, but still she was in a very weak, depressed state of health; she had not had time or opportunity, to recover—insanity is in many cases hereditary—it arises most frequently in females where there is some uterine disease; in this case you have not only the predisposing tendency to insanity, but you have the debilitating disease of the womb, also tending to produce insanity; I attribute importance to the conjunction of these two causes, one would intensify the other—in my experience with persons affected with mania, arising from puerperal affection or from derangement of the womb, there is generally a tendency to suicide or child murder, sometimes one, sometimes the other—in some persons it will take the form of suicidal tendency, in others homicidal tendency—I have listened attentively to the facts and circumstances of this case, and I have no doubt that this act was one of homicidal mania—I believe she would not know the nature of the act she was doing at the time—the evidence I have heard rather tends to strengthen that conclusion—I believe she would not know she was doing a wrong thing.
Cross-examined. I believe she would not know she was doing a guilty act, that she was committing murder—I suppose she would know that she was cutting the child's throat, but she would not know that it was a crime to do so; I take it she was in that state of mind that she would not understand she was committing a criminal act—probably she would know that the effect of cutting the child's throat would be to kill it, but she would not think it was a crime to kill it at the time the act was committed—when I had seen her before on my visits I saw none of the ordinary symptoms of insanity—I believe she was same on other matters—she did not say or do anything to lead me to believe that she did not know what she was saying or doing—there may be depression and great distress of mind without its amounting to insanity—her being much in love with the man who refused to marry her or support her child would tend to produce great distress of mind—I look upon that as the exciting cause of the act she committed—the distress of mind caused by the conduct of her lover I look upon as the exciting cause of the outbreak of homicidal mania, acting upon her previous mental distress and condition—homicidal mania is a species of insanity that takes the form of killing or destroying some person, most commonly those who are most dear to the person so affected—I very seldom saw the other children when
I was at the house; I did occasionally—as far as I know she was equally affectionate and devoted to them, but she always struck me as being particularly fond of this child, more so than I should have expected considering the parentage and the birth of it—it struck me as a remarkable circumstance that, the child being illegitimate, she should show so much attachment to it—until just before the commission of the crime I did not know who her lover was—whoever he was she was undoubtedly very fond of him—I should say undoubtedly from her condition of health, from her previous family history of insanity, that this was the act of an unsound mind—it is well known that persons suffering from this form of insanity will attack the child they are most attached to—she did not attack her lover, as a sane person would probably have done; she had a spite against him, and had every cause to be offended with him; but she does not attack him, she attacks her dearly-loved child: it is not the act of a sane person to do that—apart from the act itself, there is her state of depression, her state of restlessness, her bad state of health; and disappointment by her lover refusing to marry her or support her child, that might produce a similar condition of restlessness, but not so bad; it would greatly depend upon the strength of affection of the particular woman—I should look on the act itself as an act of insanity—apart from the act itself there may be no special symptom—the threat of suicide would be an additional proof of insanity—some medical men believe that the mere act of suicide is evidence of insanity—I have not formed any decided opinion about that; it would be an additional proof of insanity I take it—the attempt at suicide would be very strong presumptive evidence of insanity, but not actual positive proof—I should say it is a very rare occurrence that a person who is not insane should commit suicide—there is frequently an entire absence of motive in cases of insanity, or a motive founded upon some delusion—there may be some motive in the mind of the person which we are unable to trace.
Re-examined. All this cross-examination has not at all disturbed my conclusion.
By the COURT. Many persons may be distressed, restless, and excitable without being insane—I think it would be impossible in many cases to distinguish between sane and insane persons having those symptoms; in the absence of delusion I can point to no positive distinction—except the fact of killing the child I can point out no one symptom as a positive indication of insanity; I look on the act as a symptom of insanity—in certain cases you may have these symptoms without any actual insanity, or with it, and you may have an outbreak—I should take the frequent speaking of suicide to be a symptom of insanity; I should not expect a sane person to do it—in cases of homicidal mania you may have no definite symptoms of insanity before the commission of the act, or after the act, yet the act itself may be an insane act—supposing the person who commits the act is in such a state of bodily health and mental distress, and there is a previous history of hereditary insanity as will tend to lead to the commission of such an act, then if you have those factors I think you may safely say the act is one of insanity.
under my care who have been suffering from disturbance of the uterus—on my first seeing the prisoner my attention was not particularly directed to that; I observed that she was in a very weak and gloomy condition, and I have seen her every day since—I have likewise seen her when she has not seen me, and I have remarked that peculiar gloom of expression which I would venture to say if she was among any number of others she would be singled out by any person not of medical mind, as a person suffering from mental trouble, perhaps mental disease—I am quite sure of it, her expression was so marked—I have seen her in the yard when taking exercise and when she has not seen me—moreover I may state that she has had what I think might fairly be called some delusions, she believes that every one is against her, that every one despises her, and that people are looking at her—I heard the matron speak of correcting someone in chapel the other Sunday, and the prisoner thought the woman had been referring to her—I have been present during the trial and have heard the evidence of Mr. Walters—I think there is nothing in the case at all inconsistent with the opinion which he has formed—if I may venture to express an opinion I may say there seem to me to be four factors in the case: first, proof of hereditary insanity; secondly, proof that she has suffered from a very exhausting disease; thirdly, that she has undergone extreme work, working up till 1 o'clock in the morning, and getting up at 5 o'clock, without sufficient rest; and then, fourthly, there is the mental trouble under which she has suffered; I think all those would conduce immensely to the breaking up of the mind.
Cross-examined. I speak of the appearance of gloom as betokening some mental trouble or disease—I have seen a great many persons under charge for murder, but the gloom which a person of a melancholic disposition presents is very peculiar; very different from that of a sane person: I think I can draw the line between that and the gloom apparent on the face of a sane person under a charge of murder: I don't mean that I can describe it to you—I think this act itself is against nature, here is a fond mother who has tended her child through sickness and gone through great exertion to maintain it, and all at once she takes away its life—I should say that no sane mother would take away the life of her child under such circumstances—I think that an attempt at suicide is an addition al evidence of insanity—as a rule I should say that a person who commits suicide was of unsound mind at the time, although he may not have shown unsoundness before—I do not think that the making arrangements for the disposition of property and so on, is inconsistent with the fact of a person suffering from homicidal mania; a person who is insane is not deprived of mind.
REV. JOHN DOMETT NAIRNE . I am curate of the district church of St. Martin, Reigate—the prisoner lived in my district—I have seen her frequently—she has always had an anxious sort of manner and appearance whenever I saw her—within the last year her chief complaint has been that everybody was against her, and she even accused me of it—such an idea is a perfect delusion.
NOT GUILTY on the ground of insanity at the time of the commission of the offence.— Ordered to be detained until Her Majesty's pleasure he known.
Before Mr. Recorder.
MR. RAVEN Prosecuted; MR. LILLY Defended.
JAMES CLARK . I live at Silver Street, Reading—I am a bricklayer—my sister, Mary Ann Clark, married the prisoner in the parish of Si Giles's, near Beading, Berkshire, in 1867—I was present at the marriage—she is still alive—I have not seen the prisoner since till I saw him at Guildford.
Cross-examined. My father and family live at Beading—I do not know where the prisoner lived—my sister came home 11 weeks after the marriage, she had had a baby at the time of the marriage—I suppose it was more than a year old—I do not know how many she has had since, for I do not come home much—I am not aware she has had three since—she had two three months ago—I believe she has been lately to the Magistrates at Beading for an order against somebody.
GEORGE YATES . I am clerk to the solicitor for the prosecution—I produce a certificate of marriage between the prisoner and prosecutrix in St. Giles's parish church near Beading—Stent is described as a bachelor and a baker, of Silver Street, Beading.
CHARLES ROGERS . I live at Forest Street, Guildford—I am a hawker—I have known the defendant about eleven years—I was present at his marriage with Sophia Manners at the Registrar's Office in Guildford; this is my x on the certificate (produced)—I cannot write—it was about ten years ago.
Cross-examined. I was called in from the street—the parties weft strangers to me before that time—I always sign with a cross—I cannot read writing.
HENRY MELNER . I am a sergeant in the Surrey Constabulary—I took the prisoner into custody on Tuesday, the 23rd March last, at Aldershot—I read the warrant to him—he said, "I have been expecting you the last three or four days; I did marry Sophia Manners three years after I married my first wife."
Cross-examined. I have known the prisoner four years—he has been in respectable employment at Farncombe, near Godalming—he was employed as a baker when I took him into custody—he is a well-conducted man—he lived comfortably and happily with his second wife—he said he went to London soon after his first marriage, and that his wife became intimate with a potman, and fifteen months after she had a child that did not belong to him—I do not remember his mentioning that she had a child when he married her—the father of the first wife applied for the warrant.
Witness for the Defence.
SOPHIA MANNERS . The prisoner went through the form of marriage with me in November, 1870—we have since lived together as man and wife—he has conducted himself in a respectable, proper, and kindly manner—I could not find a better husband if I was to search the world through—we have five children, and he has been a thorough good father to his children—I had no money when he married me, except a little I saved from a situation—I knew he was married—he told me all about ft and also about the child that the woman had had—on Thursday last I
was a witness in an affiliation case before the Bench at Beading in which the other wife was applying for an order—I gave evidence in support of the application.
GUILTY.—Strongly recommended to mercy.— Three Days' Imprisonment.
Before Mr. Baron Pollock.
MESSRS. HOEACE AVOEY and MEAD Prosecuted; and MR. WARNER SLEIGH Defended.
LEWIS DENYER . I live at Smith wood Common, in the parish of Albury, and am employed by the Puke of Northumberland to superintend the common—on Monday, 22nd March, Peter Farley called me from my house at a little after 10 p.m.—I went with him to the common and saw two fires burning—the furze was burning—the two fires were about 200 yards apart, or a little more—I saw the prisoner there; he was at the second fire we got to—I said, "That won't do, King"—the second fare was over then, and I saw him light a match and light a third fire—it was then that I said, "That won't do, King," and he put it out directly—I had put out the two first fires—I first saw King standing a little way off the second fire—I said, "Halloa, King," and went part of the way to him—I then saw another fire, a third, and saw the prisoner standing by it—I went part of the way home, and then went back again, and saw the prisoner light a match and light the furze, and then put it out again—I said, "That won't do"—he said that he would set all the furze on fire, he did not do anything more, but went home.
Cross-examined. The first fire might be 100 yards from my house, or not quite so much—the prisoner lives with my son in a cottage more than 30 yards from mine—the second fire was about 200 yards away from my cottage in quite a different direction to the first fire—the first fire was the nearest to my cottage—it took me about a minute to get from the first fire to the second—I could see the prisoner perfectly clearly at the second fire—he was standing looking at it being put out—after the second fire was put out I saw a third fire, and in consequence of that I turned back and went to it, and saw the prisoner standing by it—I said at the police-court, "I saw King near the second fire, close beside it. I said to him, 'Halloa, King.' He made no answer. We left King there I went part of the way home again. I saw King stooping down; I don't know whether he was lighting his pipe or a match, but the furze bush was on fire"—that is right—I also said, "I saw the fire, but I did not see the match; there was no fire when I saw King stooping"—I have been in Court at Guildford since I gave evidence at the police-court—I was before the Magistrates there—it was for taking some sheep into the yard—I am on bail now to take my trial at the Surrey Assizes for sheep-stealing—I did not see any third fire until I got up to King and saw him stooping to strike a light—I swear that he said, "I will burn all the furze"—I did not say something different to that at the police-court—I said, "After he had put the fire out, he said, 'All the lot ought to be burnt'"—I did not hear him say, "It would not matter much if it was all burnt, it is only a bit of waste stuff"—I do not remember his using the words "waste stuff"—I
don't know that his uncle is woodman to the Duke of Cambridge—I do not know his uncle—I will undertake to say that I do not know that this man, who lives with my son in his cottage, is not nephew to the Duke of Cambridge's woodman—it was a little windy on this night—I have very often wanted to light my pipe of a night and found it necessary to put the light in some place to shelter it from the wind—if a man lit his pipe by the side of a furze-bush, it would prevent the wind blowing out the match—when I called out "Halloa, King," he put his boot on the ground, and stamped out the fire—it was not bigger than my hand—I never went to look to see if I could find the place next morning—I should not like to say that this was not an accident. He-examined. Before I turned back I saw him standing there near the furze, and went back directly—I saw him stoop down, strike the match, and set the furze on fire—I do not know whether he was lighting his pipe or not—I never saw a pipe if he had one—I can't say whether I should have seen it, because it was dark—I never heard him say anything about a pipe—he did not show me one.
By the COURT. He had been drinking, but I don't think he was the worse for it—I say that because he said he had been in the Jerry shop—he did not seem the worse for drink—I could not tell that he had been drinking, only he said that he had been in the Jerry shop—he seemed a little like a man who was the worse for drink, but I could not say much about it—I did not think then that he looked like a man that had been drinking, but he said that he was tight after we put the fire out. Peter Parley. I live at Smithwood Common—on Monday, 22nd March, about 10 o'clock, I saw a fire on the common—Denyer was called, and I went with him on to the common—we went to the fire and it was put out—I then saw a second fire several yards from the first—we went and put that out—as we were going from the first fire to the second I saw the prisoner several yards from the second fire—we spoke to him—the second fire was put out, and I went home.
Cross-examined. I said at the police-court, "I did not speak to King"—we might have been four or five minutes putting out the second fire—the prisoner did not come up to us—I first saw him when we were going from one fire to another—there was a disturbance among some people who were at the second fire—King had nothing to do with that—the people about the second fire did not threaten to throw me into it, but they hit me—nobody said, "Put him into the fire"—we came to words, and then they hit me—the words were not about who lit the fire—he said they thought that they had been to Cranley—I said they had not—I have found out now that what they said was true—I know a beerhouse kept by a man named Ede—I know Denyer's son; the prisoner lodges with him—I don't know that the prisoner's uncle is the Duke of Cambridge's wood-man—I do not know whether the Duke of Cambridge has any property there—this is a plan of the spot—this is old Denyer's cottage; this is young Denyer's; this is Ede's beerhouse, which is pretty well straight across the common from young Denyer's cottage—if the prisoner had been drinking at Ede's beerhouse during the evening he would follow this line; and if after he went home he saw the fire blazing, he would follow this other line to go there—the position of the third fire was about half way between where I had the quarrel with the man, and the cottage of Denyer's son—I have not been a witness at Guildford since I was a
I witness in this case—I was not before the Guildford Magistrates when Mr. Denyer was charged with sheep-stealing.
Re-examined. Going from the spot where the second fire was to where Denyer lives he would not pass the spot where the third fire was if he went straight, but it would be a very few yards out of his road. By the Court. There is furze all over the common, every inch of it, but on different spots—if he wanted to light his pipe there is a quantity of furze in different places.
WILLIAM WOODS . I am sergeant of the Surrey Constabulary—I took the prisoner in custody on Tuesday, 23rd March, about 4 o'clock in the afternoon—I told him he would be charged with setting fire to the furze on Smithwood Common on the night of the 22nd—he said, "I can't help it; I was drunk at the time or else I should not have done it. It is no use my telling a lie about it, as I know Denyer saw me strike a light, and when I saw him I put the fire out myself"—a pipe was found.
Cross-examined. I went with Denyer and Farley and saw what we know now were the first two fires—Mr. Denyer could not find the third fire; he looked for it, but he looked in vain.
NOT GUILTY .
MR. FULTON Prosecuted; MR. FRITH Defended.
FREDERICK JOHN HARRIS . On 1st April I was acting as polling-clerk at the National School, Hercules Buildings, Lambeth—the prisoner came in about 5.55, and walked up to the booth—I said, "What is your name?"—he said, "William Martin"—I said, "Where do you live?"—he said, "27"—I said, "27 where?"—he said, "Down here, Hercules Buildings"—on looking at the list I found I had already ticked off William Martin as having voted—I have not got the list—I drew the presiding officer's attention to the fact of William Martin having already voted—the prisoner could hear what I said—Mr. Giles put the oath to him, but he would not take it—he said, "If you don't want to take the vote I don't want to give it," and turned round to leave the polling-booth—somebody touched him on the shoulder, and said, "I think you had better get out of it, and had better get away"—he said that his name was Fudge—I do not recollect what address he gave—he was given in custody.
Cross-examined. I was asked at the police-court if he was drunk—I said that he was not, but I considered he had been drinking—he appeared excited by drink—I will not say that he said, "I want to vote," but that is the inference I drew when he presented himself there—I am appointed polling-clerk in writing—I have not the writing here—I am not prepared to swear that the oath was administered to him, because I had not the book to follow the words used by the presiding officer.
Re-examined. There were three booths in the schoolroom, and five persons in the one I was in—myself, two personating agents, and a polling clerk—no one else had authority to be there except the person who came to register his vote, and no person was admitted into the booth except intending voters—I asked him his name. (MR. FEITH submitted
that the Indictment must fail, because there was no application for a ballot paper; there was a great difference between a fraud malum in se and an offence which was only made one by Statute. MR. FULTON contended that it was a question for the Jury, and that he had a right to call his other witnesses, that the whole circumstances might be taken together. BARON POLLOCK considered that it was for the prisoner to ask for the ballot-paper, and not for the officer to give it to him unless he did ask for it; but it would be better to hear the whole of the evidence.)
JOHN KNOX . On 1st April I was acting as personating agent for the Conservative candidate at the booth at Hercules Buildings, Lambeth—he prisoner came in, and was asked his name—he said, "William Martyn"—I said, "William Martyn of where?"—he said, "27, down the road"—I asked him how he spelt his name—he said, "Martyn"—I said, "Not 'I'?"—he said, "No"—at my instigation and that of the other personating agent the presiding officer was about to swear him, but he would not take the oath—he turned round and said it was no matter, if we did not care to take his vote he did not care about giving it—he went round the booth and was brought back by the constable—he then said that he had made a mistake, his name was not Martyn but "Fudge" or "Judge," I could not hear which, and that he lived in Lancaster Row, which is in another part of the borough—Mr. Giles gave him in charge.
Cross-examined. I was never personating agent before—two persons came in to vote who actually did vote—one person came in with the prisoner and tried to get him away—I do not see him here.
Re-examined. A policeman, 31 L, was stationed at the entrance of the booth.
THOMAS GILES . I was presiding officer at the eighth district station at the election on 1st April, at the National School, Hercules Buildings—my attention was drawn by the last two witnesses—I heard somebody ask him to spell his name—they both requested me to give him into custody, and I did so.
Cross-examined. I knew Mr. Martyn very well—he has been living there many years, and I collect the rates in that neighbourhood—the prisoner seemed a little exhilarated, but not with drink—I have a written appointment.
WILLIAM MARTYN . I am a glass manufacturer, of 27, Hercules Building s—I have a brass plate outside my door, with my name and business on it—I am a registered voter for the Borough of Lambeth—I tendered my vote for Member of Parliament on 1st April, about 10.30 a.m., at Hercules Buildings—I do not know the prisoner—I never saw him in my life. I live only twenty doors from the polling booth.
JOHN BARTON . On 1st April I was on duty at the eighth district polling-booth, Hercules Buildings, inside the school, at the second booth, at which Mr. Giles was the presiding officer—as persons present themselves I say, "What is the first letter of your name?" and then direct them which booth to go to—I do not recollect the prisoner coming up, but a little before 6 o'clock Mr. Giles made a communication to me, and I took the prisoner into custody, and told him he was charged with representing himself to be another person—he said, "I have made a mistake in my name, that is all; my name is William Fudge; I live at 14, Lancaster Street, Southwark"—that is not in the Borough of Lambeth—I took him to the station—the charge was read over to him, and he said that he had made a mistake—he was excited—I think he had been drinking.
JAMBS HAWKINS (Police Sergeant L R 3.) I read the charge over to the prisoner at the station, and took down what he said—he said, "I do not know what made me do it; I made a mistake, that is all; I had had a drop of drink, if I had known the nature of this I should not have done it, nor have I done it for the purpose of getting money; I voted in the morning in the Borough, they gave me some bills, and told me to go and do as much good as I could."
The Prisoner's Statement before the Magistrate. "I have nothing to say, only I was drunk."
The Prisoner received a good character.
GUILTY . Recommended to mercy by the Jury, believing that he woe ignorant of the nature of the offence.— To enter into recognisances.
MR. CROOME Prosecuted; MR. A. B. KELLY Defended.
GUILTY .— Eight Years' Penal Servitude.
Before Mr. Common Serjeant.
434. THOMAS PHARO (27) to unlawfully secreting and detaining; a number of post letters the property of H. M. Postmaster-General.— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]And
MR. POLAND Prosecuted.
HENRY MATTHEW ROBERTON . I am a chemist at 11, East Street, Walworth—on 4th March I served the prisoner with threepenny worth of caps—he tendered a florin—I said, "This is a bad one, you had better give me threepence"—he said, "I have only three-halfpence"—I called my brother and said, "Take charge of that man"—he tried to snatch it from my hand, and was going to strike my brother, but ran out of the shop—my brother ran after him—a constable brought him back; I charged him and gave the coin to the constable—I gave evidence at the police-court—he was twice remanded and discharged. Frederick Roberton. I saw the prisoner come to my brother's shop on 4th March—when my brother said "Hold him," the prisoner struck at me, and then bolted out of the shop—I followed him—he turned and again struck at me; I called out, "Stop that man," "Stop thief"—a constable came up and took him, and brought him back to the shop.
JOHN GLEN (Policeman 889). I was in East Street, Walworth, and heard the cry of "Stop thief!" and saw the prisoner running—he went into a boot-shop and concealed himself behind a partition—I took him—he said he did not know it was bad—I said, "Why did you run away?"—he said, "Because I was afraid of you"—I took him back to Mr. Roberton's shop—he was charged—he repeated, "I did not know it was bad"—he said he got it from the dock as part of his wages—I took him to the station—he was searched—threehalfpence was found on him—he gave his name John Smith, Mint Street, Borough, but no number—the coin was given to me at the station and I marked it also found a
pocket-book on the prisoner, in which was written "John Verner;" also a letter signed "John Verner"—he afterwards said that that was his name—he was discharged by the Magistrate—I told him I hoped in would not get into trouble any more—he said he would look after that—he is the same man.
DENNIS O'CONNELL . I have lived in the Westminster Road for 12 jean—I was at my coffee-stall on 3rd April about 1 a.m.—the prisoner came with another man and asked for two cups of coffee—the price was 2d.—he tendered a shilling—I bit a piece nearly out, and said, "It is no good; drink up your coffee and go on, and let's have no more bother about it;" but a constable came up and said, "What's this about?"—I said, "About a bad shilling I got from this man"—the little man ran away—the constable said to the prisoner, "You must come with me"—as they were going I heard something fall, and saw the constable stoop—the prisoner was taken in custody—he is like the man who gut me the bad money.
JOHN BALL (Policeman L 204). On 3rd April I passed O'Connel's stall about 12.50 a.m.—I heard him say, "What is this you've given me; it is bad"—I said, "What's the matter?"—he handed me the shilling—I said to the prisoner, "Where did you get this from?"—he said, "A young chap gave it me"—I turned to look at the young chap and he bolted down the Waterloo Road—I took hold of Smith and said, "Have you got any more?"—he said, "No"—I said, "I may as well see"—I put my hand in his left waistcoat pocket—he put his hand in his right trousers pocket—I heard something chink—I felt on the ground and found three bad shillings close to the prisoner's feet—the other man had then gone away—I asked O'Connell to charge him—he said he wouldn't—I took him to the station—he gave his name, James Moore, of Lee's Place—I found nothing on him—when asked if that was his right name, he said, "Smith or Moore, either will do"—he said he was a shoemaker.
Croee-examined. 5, Lee's Place is a lodging-house—your sister lives there.
Prisoner's Defence. I received 5s. 3d. for my day's pay, the coins aw part of it.
GUILTY — Eighteen Months Imprisonment.
Before Robert Malcolm Kerr, Esq.
MR. GILL Prosecuted; MR. STEWART WHITE Defended.
JOHN ROOM . I am a plasterer of 8, Sturdy Road, Peckham—on Saturday night, 20th March, I was in the parlour of the Sailor Prince in Gordon Road, Peckham—I sat at a table and saw the prisoner in the parlour—I knew him before—I did not enter into conversation with him—a conversation was going on and I joined in it—after I had been talking for some time the prisoner laid hold of the back of my head with one hand and pegged at me with the other—I felt a sharp prick in my face and I was flowing with blood in a moment, I could scarcely see—the landlord, and one or two more took him from me and put me in
the bar and locked the door till the constable arrived—a doctor saw me in the morning.
Cross-examined. I have known the prisoner two or three years—he has worked for me—I dare say I owe him a few shillings now—I did not ask him to stand a drink on this occasion—they were talking about the election when I went in—I said, "Look at the funds at the Mansion House to relieve your distress"—his reply was to take hold of me and stab me—I had hardly been there three minutes—Bird was there—I did not strike the prisoner or lift my hand to do so, only to save myself from his blows, and I received a cut across my finger at the time—I was sober—I had no ill-feeling towards the prisoner—I was not aware that he had commenced an action to recover his money; it was never asked for.
JOSEPH DIBBLE . I am a brush-maker of 7, Harry Street, Peckham—I was in the parlour of the public-house when this occurred—while the conversation was going on the prisoner got up and held Boom by the head and started stabbing into his face—I could see the blade of a knife in his hand—Room was covered with blood, you could not discern a bit of his flesh for the blood.
Cross-examined. I had been there about two hours—I saw something in the prisoner's hand which looked like the blade of a knife—I did not say it was a white-handled knife.
GEORGE SELWOOD . I live at 8, Sturdy Road, Peckham—I was in the parlour of the Sailor Prince on this Saturday night—I saw the prisoner get Room up against the table and punch him in the face with his fist, and he was covered with blood—I afterwards saw a white-handled knife in the prisoner's hand, when he was taken away.
Cross-examined. The prosecutor did nothing, he was powerless—there were six of us in the room—none of us interfered—I got on the table and said, "That is enough of it"—I did not want to get knocked about or get into trouble—I did not see a knife in the prisoner's hand at the time the assault was committed; not till some one said, "The man has got a knife"—I should say it was a white-handled knife by the look of it when I saw it.
HENRY ANDREWS . I live at 127, Gordon Road, Peckham—I went into the parlour as the disturbance was just about finishing; I caught hold of the prisoner's arm, and somebody took hold of him by the other arm—his hand was closed, and I saw something sticking out of it which looked like the blade of a knife—somebody called out, "He has got a knife! Bun for a policeman!" and I let go of him, and went for a policeman.
Cross-examined. I did not see any paper in his hand—I am not certain whether it was a knife or not.
GEORGE ETHERIDGE . I am a surgeon, of 4, Queen's Road, Peckham—on the Sunday morning after this occurrence I saw the prosecutor and examined his face—he was suffering from two black eyes and a cut beneath the right eye and also beneath the left, and a punctured wound in the forehead and incised wounds in the right and left eyes—they were such wounds as would be caused by a sharp-pointed instrument.
Cross-examined. I don't think they would be caused by being knocked against the tables or chairs or glasses—it might have been done by falling against something very sharp—I could not swear positively that it was caused by a knife.
called to the Sailor Prince and saw the prosecutor there with his face covered with blood—the prisoner was pointed out to me—I told him the charge—he said, "I did it in self-defence; you have got to find a knife, and that has got to be proved"—I searched him and found nothing on him.
Cross-examined. I found no knife.
Witness for the Defence.
WILLIAM BIRD . I am a plasterer—I did live at 8, Hill Street, Peckham, but have removed—I was in the parlour of the Sailor Prince on this night; there was a discussion going on about the Irish distress and the elections—the prisoner and prosecutor were the only ones I heard arguing the matter—there were about six in the room—I saw the prosecutor put himself in a fighting attitude before the prisoner—the prisoner then got the prosecutor backwards across the table and struck him several times in the face—with the help of another young man I separated them—some one in the room said he had a knife—I asked what he had in his hand, and he opened it, and a piece of paper fell out—I saw no knife in his hand—I did not see him inflict any wound with a sharp instrument—he tried to protect himself.
Cross-examined. He struck the prosecutor with his right hand—I did not see the blood till after three or four blows.
The Prisoner received a good character.
GUILTY of unlawfully wounding.—Six Months' Imprisonment.
438. HENRY HARNETT (19), SAMUEL ADAMS (16). WILLIAM HERMAN (17), and WALTER BEEDEN (17) , Burglary in the dwelling-house of William Heaver, and stealing 70l. in money and two orders for payment of 2l. 18s. and 3l. 11s.
HARNETT and ADAMS PLEADED GUILTY .
MR. DOUGLAS Prosecuted.
MARY ANN HOMECH . I am a widow, of 62, Camberwell New Road—it is Mr. Heaver's house—on Wednesday night, 10th March, I went to bed a little after 12 o'clock—I saw the house fastened—I could not be certain about the back door, but it was shut—in a desk in the shop there was about 70l. in money, one note, and gold and silver and copper about 5 o'clock in the morning Mr. Heaver ascertained that the house had been entered, and called me, and I saw the desk lying in the yard broken open and the money gone—the cupboards in the parlour were all opened.
WILLIAM HEAVER . I live at 62, Camberwell New Road—I had a desk in my shop containing about 70l.—about 5 o'clock in the morning I ascertained that it had been taken away—the house appeared to have been entered by the back door—I have never recovered any of the property—Harnett had been in my employ, but had been discharged about three months.
WALTER ROBERTS . I was at the Raglan Music Hall, Blackf riars Road, on Wednesday night, 10th March—Harnett came up to me there and asked me a question about the desk at Mr. Heaver's—Beeden was there, but did not hear what was said.
MR. DOUGLAS here withdrew from the prosecution as against BEEDEN and HERMAN, who were acquitted. HARNETT— Twelve Months' Itn-; prisonment. ADAMS— Fourteen Days in a Reformatory, and Five Years' police supervision.
MR. A. B. KELLY Prosecuted.
GEORGE DAVIS . I am a labourer, and live in Fanahaw Street, Hoxton—on 29th March, about 9 p.m., I went into a house in Cannon Row with Thompson—I undressed, and put my trousers under the pillow with my watch in the pocket—I turned my back to the bed, and she took the trousers from under the pillow and ran out into the street with them—I saw her go through the door—I did not see the trousers in her hand—I went after her, and she dropped the trousers in the street—I picked them up, put my hand in the pocket, and the watch was gone—I went up to her and said, "What are you up to?"—I went back and began to dress myself, and as I was dressing Cleverly came into the room; he said, "What are you doing in my premises?"—I said, "I am doing nothing much"—he said, "You had better be getting out as soon as you can"—I said, "If you will allow me time to dress myself, I will"—there was another one with him; I could not positively swear whether Anderson was that one or not—as soon as I dressed myself I went and gave information to the police.
EDWARD WHITTOOK (Policeman R 178). About half-past 12 on the night of 29th March Davis came to me with a complaint, and I went with him to 10, Cannon Row—I went into the front room occupied by the female prisoner—I did not see her—I saw Anderson in the passage Davis said, "That is one of them"—I told my brother constable to detain him—I went outside and saw Thompson—I told her I should take her into custody for stealing a watch and chain from the gentleman—she said she knew nothing about it—I went into the room with her and Cleverly, Anderson was in the room at the time—I told Thompson to give up the watch—she said she knew nothing about it—Cleverly and Anderson were sitting on the side of the bed—I saw the watch pass from Cleverly to Anderson, and he put it underneath the bed—Thompson said, "Look underneath the bed, and see if you can find the watch"—I did, and found it there—this is it (produced and identified).
SAMUEL ROSE (Policeman R 176). I was called to the house—I met Anderson in the passage—he entered the room, and the other constable fetched Cleverly and Thompson in—Thompson said "Look underneath the bed"—I saw nothing before that—the constable with that pulled out the watch—I told him to take charge of it—I took Cleverly into custody, and told Anderson to come to the Btation, he might possibly be charged with the affair—whilst in the station Thompson said, "You and me, Cleverly, are guilty, but Anderson is innocent—I saw the watch passed from Cleverly to Anderson, and Anderson placed it underneath the bed.
The Prisoners' Statements before the Magistrate. Thompson: "When the policeman came to me, I went back and took the watch from my bosom and put it between the palisade and the bed, and the two men knew' nothing about it." Cleverly and Anderson said nothing.
Thompson's Defence. I did not take the watch.
Cleverly's Defence. I went indoors and saw the prosecutor, and said, "Who brought you in here?" He said, "Some young woman." I said, "You had better go out," and he did, and I went in again. If the policeman saw me pass the watch, why did he not ajjprehend me at once?
Anderson's Defence. I was waiting in the passage for a young woman, and the constable came in and said, "I want you." He asked me to come into the room, and I did, and the other constable asked if I would come up and clear myself. I said "Yes," and I went up and was taken into custody.
GUILTY .— Six Months' Imprisonment each.
Twelve Months' Imprisonment.
Before Mr. Recorder.
MR. POLAND Prosecuted; MR. FRITH appeared for Austin, and MR. STEWART WHITE for Conn.
HENRY WILLIAM PAYNE . In March, 1878, I was living at Terminus Terrace, Southampton—I am a boat builder—I saw an advertisement in a Portsmouth paper in the name of H. 0. Nugent, offering to lend money—I wrote to the address given, and received this reply. (This was marked "Registered 7 858, from H. C. Nugent, of Russell Street, Bermondsey" offering to lend the witness 150l. for two years, and asking for 10s. 6d. in sixpenny postage-stamps for the agent's expenses in making private inquiries, to be returned if the loan was made.) I then wrote this letter, stating, "I am no stranger, having been in business 14 years, and I have answered advertisements similar to yours, and have lost the money, therefore I do not intend to pay until I get the advance"—I then got this reply. (This enclosed the first half of a cheque for 150l., signed "H. C. Nugent," and a copy of a promissory note, requesting that 9l. should be forwarded by return for interest and expenses, on receipt of which the other half of the cheque would be sent.) I then wrote, "March 29th. Dear Sir, I duly received your letter and part of cheque; to-morrow being Saturday, I must defer paying till next week "—on 2nd April I wrote again, and sent a Post-office order for 9l. 12s. 6d. in a registered letter, addressed "H. C. Nugent, 1, Russell Street, Bermondsey"—I received no acknowledgment, and never received the other half of the cheque—I then came to London, and went to 1, Eussell Street, Bermondsey, and found it was a newspaper-shop—there was no money-order office or loan office there, and no Mr. Nugent—I sent the Post-office order, believing the statement contained in the letters—this is it (produced).
LOUISA COX . I am the wife of John Cox, of 1, Eussell Place, Bermondsey—we were there in March 1878—it is a newspaper shop—I know nothing of the prisoners—in January, 1878, I was requested to take in letters addressed to Nugent, and about fifty came—one of them was registered, and came from Southampton—we occupy the whole house.
newspaper, in consequence of which I wrote to J. Melton, 250, Mile End Road, London, E, applying for the loan of 100l., and received in reply this letter, signed James Melton (This was dated May 20, offering to lend 100l. for three years, and requesting 1s. 6d. to be sent in sixpenny postage stamps to pay for inquiries)—I replied, but did not send stamps, it was simply as to the terms—I then received this letter (This stated that the inquiries were satisfactory, and that the 100l. would be sent on receipt of 7l. 8s. 6d. for interest)—I wrote again, but did not send the interest—I then received this letter (Stating that the clerk had made an error, and that the inter est would be 7l. only.)—I then wrote again and received this reply (Stating that on receipt of P. O. order for 9l. he would remit the 100l. together with stamped note for signature)—on 30th May I sent 8l. in a registered letter to the same name and address—there was a 5l. note, and 3l. in money—on 31st May I received this letter (Requesting the other 1l. might be sent in stamps)—I gent 1l. in stamps—that was the beginning of June, but I never heard anything more from Mr. Melton—I wrote again, but had no answer—I never got the loan.
MARY ANN WAT . In May or June 1879 I lived with my mother, who kept a stationery shop at 250, Mile End Road—she had the whole house—there was no loan office there and no James Melton lived there—in May last a man came and asked me to take in letters in the name of James Melton—from 20 to 30 letters came, and they were fetched away—I do not know who the man was: I did it to oblige him.
THOMAS WILLIAM MAEEIS . I am a member of the firm of Hodson and Marris, commission agents, of Hull—in February this year I saw an advertisement in the Hull paper headed, "Money, Money, Money"—in consequence of that I wrote to the address named, J. A. Aston, 199, Lever Street, London, E.O., and applied for a loan of 50l.—I received this letter (Requesting 7s. 6d. to be sent in sixpenny postage stamps)—I sent 15 six-penny stamps, and got this answer. (This was addressed 67, Lancaster Street, Borongh Road, London, stating that 50l. would be sent on receipt of 3l. 10s. 6d. for interest and stamp)—a form of promissory note was enclosed—I took a copy of it and returned it—a paper was enclosed stating that the letter was sent from the branch office for secrecy—I sent this Post-office order for 3l. 10s. 6d. payable to John Mason,. but got no answer and no loan—I then consulted a solicitor—besides writing myself I saw Mr. Matthew Brown write a letter to the same name and address—he afterwards showed me this paper (An application for a loan of 100l.)
HENRIETTA SMITH . On 1st February this year I lived at 199, Lever Street, City Road—my mother keeps a newspaper shop there—Cann came there in January, and asked me if he could leave his letters at our shop in the name of Aston—he did not say what he was or give his address—after that, three, four, or five letters came every morning, all from Hull—he called for them generally, but twice he sent a boy—that went on for a fortnight or three weeks, and I handed all the letters to him—there was no loan office there and no Mr. Aston lived there.
Cross-examined by MR. WHITE. Cann is a great deal altered since he called—he has the appearance of the man, but I will not swear to him.
Re-examined. I saw him four times; it was in the daytime—he bought a Chronicle every morning and I gave him the letters—he used to come soon after the country post was in—I think I have a doubt whether he is the man—I do not think he is not the man—I picked him out from four
others at the police-court—I had no doubt then and I had no doubt when I was before the Magistrate, but he seems much thinner now.
WILLIAM DUCKETT . I am a farmer—in February last I was living at Burnham, in Somerset shire, and saw an advertisement in the Weston-super-Mare paper, in consequence of which I wrote to S. P. Weedon, of 86, Brady Street, London, for a loan of 80l. (This was a similar advertement headed, "Money, Money, Money.") I got this answer. (Marked 5074, and requesting 7s. 6d. to be sent in stamps for the expenses.) I answered that but did not send the stamps—I then got this letter. (Marked 'Private and Confidential,' stating that the agent had returned to town, that the 80l. loan would be granted, and asking for a post-office order for 6l. 12s. 6d. for into rest and expenses, payable to John Dawson the cashier, and enclosing a promissory note.) I did not send any money or stamps, and then got this letter. (This stated that the prepayment of the interest was a sine qud non and requested that the 6l. 12s. 6d. should be sent.) There was a stamped envelope in that addressed to Mr. Weedon, and a money order font already filled up—instead of sending a post-office order I sent a letter to Mr. Weedon, at 36, Brady Street, stating that I objected to the terms, and would remit the interest and expenses on receipt of the loan—I got so answer—I never parted with any money.
JOHN STICKLAND . I am a sergeant of the Somerset Constabulary it Weston-super-Mare—in consequence of a communication from Scotland Yard I wrote on the 14th February to S. P. Weedon, 36, Brady Street, London, £., applying for a loan of 180l., and in answer got this letter. (Asking for 7s. 6d. for expenses)—I did not reply and I never sent stamp or anything—my son also wrote to the same address on February 16, by my orders, and these (produced) are pieces of his envelope—the postmark is February 16.
ELEANOR JANE PATTEN . I am the wife of William Charles Patten, of 36, Brady Street, Whitechapel—we keep a newspaper shop—I know Cann as Weedon—he came at the end of January and asked if I would take in some letters for him in the name of Weedon—I said that I did not mind—about six letters afterwards came by the country post—Weedon called for them and bought a Morning Chronicle—I saw him six or eight times, and have no doubt he is the man—there is no loan office at our house, and no person named Weedon lives there.
Cross-examined. I was only before the Magistrate twice—I first identified Cannot Southwark Police-court—Inspector Littlechild took me there on a summons—I recognise Cann by his features, and am positive he is the man.
Re-examined. I pointed him out at once from six or eight others.
WILLIAM BRYANT FRAMPTON . I am editor of the Weston Mercury, published at Weston-super-Mare—in January last I received a letter, which is destroyed, containing this advertisement—the letter is destroyed—the name and address in the manuscript is B. Weedon, 36, Brady Street—the letter contained six sixpenny stamps, with directions to insert it in my journal. (This was the printed advertisement, headed, "Money! Money! Money!" with "B. Weedon, 86, Brady Street," added in writing.)
JAMES SADLER . I am a blacksmith of 2, Parliament Terrace, Harrogate—I saw an advertisement in the Leeds Intelligencer, signed "E. Vassey, 41, Mary Street, Hoxton"—I applied for a loan, and got these various letters from that address, some from 27, Queensland Road—I
sent 15 sixpenny stamps, and afterwards 21.16. in money, in a registered letter, and a note of hand.
HARRIET LOCK . I live at 41, Mary Street, Hoxton—that is a chandler's shop—in December or January a tall, dark man, who is not here, came and asked me to take in some letters in the name of E. Vassey—a registered letter came addressed to Mr. Vassey about 6th January, and I refused to give it up because it was not the right man who came—I believe Cann is the man who came—he asked for Mr. Vassey—I said that he did not live there—he said that he had sent letters there, and his name was Sadler—I gave him some letters addressed to Vassey, and than this registered letter, and he said, "This is my writing"—I saw him twice that day, and have no doubt he is the man, but I thought the scar was on his left cheek (Cann had a tear on his right cheek)—to the best of my belief he is the man.
Cross-examined by MR. WHITE. I have no doubt about Cann, but he looks a little thinner—I said at the police-court, "Your voice is the same," and I may have said, "I could not recognise you"—I saw that the scar was on a different cheek to what I expected—I had no doubt, but I did not like to be too sure—I picked him out from six or seven others—it was the second time I went to the police-court that I recognised him.
ROBERT SAGE (Police Sergeant N). I have known Austin four or five years in the name of Selby—I have only seen Cann once; that was with Austin on 7th February in Maria Street, Kingsland Road, 150 or 200 yards from Mrs. Lock's shop—they were walking and talking together—I have no doubt that Cann is the man who was with Austin.
JOHN HARMAN . I am a printer, of 18, Leadenhall Market—I have known Austin about three years by the name of Selby—about three or four months ago he called at my office with a shortish man, who brought two forms of circulars, and asked me what I would print 200 of each for—I said about 25s. or 30s.—he gave me the order, and these are the ones I believe that I done. (The form of application for loans, and of the grant)—they were ready in four or five days, and the short man called for them and paid for them—I printed some similar forms about three years ago, I cannot say for whom—I employ no workmen, I print things myself—10s. deposit was paid.
Cross-examined by MR. FRITH. All that Austin did was to stand by while the other man gave the order—he did not speak to me.
MARGARET LAMBERT . I live at 33, Edale Road, Rotherhithe, and am the wife of Joseph Henry Lambert—Austin was the tenant of that house in the name of Sallam—his wife lived with him—there were four children—we went there in November, 1878, and paid 5s. 6d. a week, and had a rent-book—this is it—the receipts are entered from time to time as we paid the money to his wife—it was brought back with the money entered, but I do not know in whose writing—there was nobody else in the house—it is not my husband's writing or mine.
JOHN GEORGE LITTLECHILD (Police Inspector Scotland Yard). On 17th February I saw Austin in custody at Rotherhithe Station—I had a warrant for his arrest, but he had been arrested before I got there—I read it to him, he made no reply then, but afterwards said, 'This is a long time ago, is not it?"—I said, "Yes"—he said, "I had forgotten"—the name was Nugent, and it was in 1878—I had known him about nine years as Joseph Selby Balls—I went to 33, Edale Road, Rotherhithe, searched his
apartment, and found a quantity of writing materials, papers, envelope, 16 bill stamps, quills and steel pens—Sergeant Brown took the rent book out of a chest of drawers and handed it to me—I found this piece of blotting paper with the writing materials—I find blotted on it the name of S. B. Weedon, which appears to correspond with the signatures in Stickland's and Duckett's case—there was also the blotting of several figures—I have shown all the papers to Mr. Chabot—I have seen Austin's wife write—the rent book does not resemble her writing.
Cross-examined by MR. FRITH. I did not tell her that she must tell me all about her husband, or else I would take her in custody, and fight the case out to the bitter end—nothing of the kind, on my oath—I did not say that I could give very convincing evidence against her husband—when Mrs. Lambert said, "I am very sorry this has happened," I very likely said, I am not, I am very glad"—I make it a matter of personal gladness for the benefit of the public.
Cross-examined by MR. WHITE. I know that Caan had been at work for 18 months, and he was at work for Mr. Carver three years ago as an engine-driver—I was instrumental in getting him a licence to drive a tramway-car about four months ago—he had a severe accident, and was in St. Barthlomew's Hospital for several months, and then for several months in a convalescent home.
Re-examined. Austin has been a great source of trouble to me for yew past—I never knew Oann use his licence one day—he has done no work since—his family are in honest employment—I have done everything I could for him.
JOHN LANGRISH (Police Inspector, Scotland Yard). On February 17 I took Austin at Edale Eoad, Rotherhithe, and told him he would be charged with obtaining money from Mr. Payne, of Southampton—he said, "You hare made a mistake; my name is not Balls, and I shall not go with you unless you show me the authority"—I said that Mr. Littlechild had the warrant—he refused to go, and struck me a violent blow with his umbrella and knocked my hat off—I chased him for a mile, took him, and conveyed him to the station—I then went back and picked up these papers at a place where I had seen him throw something down. (These were addressed to Weedon, and had the Weston-super-Mare postmark)—I also found at the same place a wrapper addressed F. Buokland, Long Lane, Bermondsey, containing this advertisement, headed, "Money, Money, Money."
FRANK BEYERS (Police Sergeant R). On the morning of 8th March I took Cann in Standard Street, Dover Road—he was placed with eight or nine others at the station, and Mr. Patten identified him—he said that he wanted to see his wife.
CHARLES CHABOT . I have compared the writing in this rent-book with these documents in Payne's case signed H. C. Nugent, and the signature to this post-office order, and in my opinion they are in the same writing, and so is this half cheque—all the documents signed James Melton are in the same writing as the others, and so are. all the documents signed James A. Aston—I am not perfectly certain about the post-office order, but I believe it is the same—the document signed 8. B. Weedon and the filling up of the printed forms are also the same as the rent-book, and so is this writing at the bottom of this printed advertisement, but it is somewhat in a feigned hand—I have not the slightest doubt about it—these pieces of blotting-paper have the signature of Weedon—I do not know that this
impression on the blotting-paper is the blotting to those signatures, but it is the blotting of the same handwriting, and this piece of paper has the blotting of the word London in the same writing as these letters, and as the rent-book—I cannot identify the blotting of the figures—these letters signed Edward Vassey are in the same writing—I have had a large experience in examining writing, and have given evidence in many cases—I feel no difficulty at all—I give my opinion distinctly—most of these are in one writing, the first is in an assumed hand, very different from the usual style; it is upright, to represent a lawyers clerk's writing.
Cross-examined by MR. FARM. I did not give a confident opinion in the case of Beg. Mahew, in which I appeared—I pinned my faith too much upon the City solicitor, and it turned out to be the clerk's writing—I gave my opinion as to the writing being the acme and afterwards found out that I was wrong and retracted it—I had given a hasty opinion—I opened my ears instead of my eyes, and that has been a lesson to me ever since; we are all liable to be mistaken—I do not profess to be infallible, we all make mistakes, but the best men make the fewest—in this case I have not relied at all on what Sergeant Littlechild told me—I gave my opinion before I saw him—I have compared with him the post-office order—I gave evidence in Fortescue and Bagshaw, and you cross-examined me—the evidence I gave against Bagshaw was as strung as I could give it, and the Jury acquitted him—if he had not been acquitted I should not have had to givt evidence against him again—I gave evidence in the adjoining Court against a gentleman who was tried for libel, and Mr. Netherclift was called on the same side, and the Jury gave a verdict against us—that is not the first time Juries have done so—after I had passed a confident opinion, a witness came who said that he wrote part of the post-card in question—in 25 or 30 year I cannot always be infallible, but I give my opinion after careful examination and taking great trouble.
GUILTY .*— Six Years each in Penal Servitude.
ADJOURNED TO MONDAY, MAY 24TH, 1880.