CENTRAL CRIMINAL COURT
EIGHTH SESSION, HELD MAY 24TH, 1880.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, NO. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS & SONS, 119, CHANCERY LANE, E.C.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, May 24th, 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 Hon. Sir JOHN WALTER HUDDLESTO., Knt., one of the Barons of the Exchequer Division of the High Court of Justice; The Hon. Sir CHARLES SYNGE CHRISTOPHER BOWE., Knt., one of the Justices of the Queen's Bench Division of the High Court of Justice; THOMAS QUESTED FINNI., Esq., Sir ROBERT WALTER GARDE ., Knt., M.P., Sir BENJAMIN SAMUEL PHILLIP ., Knt., Sir THOMAS GABRIE., Bart., and Sir ANDREW LUS., Bart., M.P., Aldermen of the said City; Sir THOMAS CHAMBER ., Knt., Q.C., M.P., Recorder of the said City; HENRY EDMUND KNIGH., Esq., and GEORGE SWAN NOTTAG. Esq, other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARIE ., Q.C., D.C.L., Common Serjeant of the said City; and ROBERT MALCOLM KER ., 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. EIGHTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday. May 24th, 1880.
Before Mr. Recorder.
WILLIAM RICHARD ESCOMB COLE . I ammanager of Richards and Co., coal merchants and colliery colliery proprietors, having offices at 1, Fenchurch Street, City, and they have a colliery in South Wales—the certificate of the registration of the Company is in Court—early in February we were in want of a depot at Faddington—the defendant called on me on the 6th, and told me he had his coal depot to sell and plant belonging to it, at Mileage Station of the Great Western Railway—he gave me some particulars of the extent of the business, and finally told me that 1,000l. was the price of it—I said that, judging from what he had said of the business, 1,000l. seemed a great deal too much, but I would mention the matter to the directors—I did so, and on 10th February I went with Mr. Shirley, one of the directors, to see the premises; we saw the defendant there, he showed us some rough books—Mr. Shirley left before me: after he had left the defendant told me that he had been offered 500l. that morning for the depot, and the plant as it stood, from a person in the South of London—I said that was more, than I could recommend the directors to give, and I left—on 23rd February he came to our office in Fenchurch Street—Mr. Philpot and Mr. Shirley, two of the directors, were present, the matter was again discussed, and he agreed to take 300l. down, and 100l. to be paid at the rate of 2s. a ton on bouse coal, and 1s. a ton on steam coal, sold to his customers—Mr. Philpot asked him if he had the authority of the Great Western Railway Company to make the assignment of the premises to the Company—he said "I have seen Mr. Morgan of the estate office and he has consented to the assignment "Mr. Philpot asked him to get a note from Mr. Morgan and he said he would—it was then arranged that he should attend on the 25th to sign the agreement—he came on the 26th—at that time I had she agreement drawn out by our solicitor—this is it (produeed)—I took him to
the board room to see Mr. Philpot—Mr. Philpot asked him if he had brought he letter from Mr. Morgan—he said he had not been able to meet with him he had been waiting but could not see him—he said he wanted the matter settled on that day, as he had taken a public-house called the De Berg Arms, at West Drayton—I think Mr. Philpot asked him if the matter could not be deferred—he said the money was required that day, and finally Mr. Philpot agreed to give it him; he asked him first if he would like it is a cheque or how—he said he would like it in cash—Mr. Philpot also asked him if he had given any bill of sale, or if his property was encumbered in any way—he said "No"—Mr. Philpot said "Would you have any objection to sign a note to that effect?"—he said "No" and he did sign this note (Read)—I had the cheque ready drawn out—I sent a clerk to cash it and handed the money to the defendant, upon the representations he made—I went and took possession of the premises—it was at his offices at Paddington that I handed him the money—I subsequently received a communication from a gentleman named Holland of the firm of Reed and Holland, and also from Mr. Duncan, and Mr. Minshall, in consequence of which I went to the defendant and said that I had heard that he had been pressed by creditors, and that there were judgments against him—I said I had heard from Mr. Holland that an execution had been issued some days before for about 160l.—he said that it was not true—I then said that I had heard he had given a bill of sale—he said that had been satisfied—I said that Forder and Co. and Duncan had told me that he owed him this money, and that Duncan had issued an execution against him—at first he said It was not true, afterwards he admitted it—I then asked him for the letter he had promised me from Mr. Morgan—he said at first he would get it—I saw him again, and he then told me that Mr. Wilkinson of the Great Western Railway had declined to make the assignment—I went that day and saw Mr. Wilkinson, he showed me a letter, and in consequence of that and the communication I had with Mr. Morgan I placed the matter in our solicitor's hands—the Board had a meeting, and I afterwards saw the defendant again—I said "I have seen Mr. Wilkinson, and he has shown me a letter applying for the premises, and he told me that the Great Western Railway Company had refused the assignment as they had already promised it to William Whiteley"—he was very much confused—I don't remember what he said—he said the gentleman from the North of London who had offered him 500l. was Mr. Thomas—at one of the interviews I recommended him to return the money—I don't know what he siad, he not returned it—tins is the receipt he gave for the money.
Cross-examined. I first heard of this property being in the market through Bellus, a clerk—he was with the defendant—he is now with us as depot clerk—I have seen him here to day—I did not see him during the course of these negotiations, except once, I think on the 25th, when he came to the office with a message, asking if we would give the amount that Mr. Macartney had telegraphed for that morning—he came a second time that day and said that Macartney could not come down to-day as he had not been able to see Mr. Morgan, but he would come next day—we were not very anxious to have this matter carried out quickly—the defendant telegraphed asking for 50l. more than he had agreed to take, and I telegraphed in reply, "If you mean business come here at once, the
agreement is prepared"—a Mr. Watson came with Macartney the first day I saw him, he is a house and estate agent—I think he came twice—Macartney brought me his agreements with the Great Western on the morning of the 26th, and I handed them to Mr. Philpot—Mr. Philpot was a solicitor, he has retired—I was only once at the premises before the matter was concluded—Mr. Philpot did not go with me, Mr. Shirley did once—Macartney did not tell me that he was doing all he could with Mr. Morgan—when he came on the 26th he said he had not got the note—I did not say no doubt it would be all right; I expected that it would, as he said so distinctly, and I went to the place and took possession—we have since then carried on business at the office at the pleasure of the Great Western Company, but the wharf was taken away from us by the Company—Bellus has been representing us at the office at 8, Westbourne Park Road, but we only occupy it at the Company's pleasure—we also have an office at Lord Hill Bridge, we have a lad there, but that again is only at the Company's pleasure—we hope to retain them, but do not expect to succeed, they have refused both to us—there is no condition with regard to the past—we did owe the Great Western 3,000l., that was previous to the suspension of our Company—since then it has been reconstructed with fresh capital, and is entirely a new concern—it had been in liquidation—Macartney suggested that there might be an objection—he said it was our own fault, that they never would refuse a substantial firm, and that the real source of the objection was the 3,000l.—he said that after I had discovered about the bill of sale—the Great Western Company have taken possession of the stock—no one has claimed under the bill of sale—Macartney said at last that the person who held the bill of sale had agreed to take another security and release that—I have very great reason to doubt all he said—I did not believe it, and I do not believe it now—Mr. McColl held the bill of sale—I have seen him here.
Re-examined. I have heard that Bellus is here, subpœnaed by the defendant—Mr. Philpot wrote the body of this receipt—this letter is in the defendant's writing. (This was dated January 9th, addressed to Messrs. Farnfield, Solicitors, alluding to a threatened execution on his premises, and asking them not to be too severe upon him.)
JOHN PHILPO . I am a director of "Richards and Co., Limited"—the Company at one time went into liquidation in consequence of the failure of a Scotch bank—it is now in a large business—on 23rd February I saw the defendant with Mr. Coles—he said that he held these premises at "Mileage annually, from the Great Western Railway Company—I asked him if he had the permission of the Company to assign them or to dispose of them—he said he had, that Mr. Morgan, the estate agent of the Company, had given him permission to dispose of them—I told him he must bring a letter from Mr. Morgan to that effect; he said he would—when he came on the 26th, the first question I asked him was, "Have you got the letter from Mr. Morgan as you promised"—he said he had not, that he had been there two or three times, but had not been able to see him, but he would get the letter in the course of the afternoon—before he signed the agreement I read it over to him—I first asked him if he was being sued by anybody—he said he was not—I then asked if he had given a bill of sale to any one—he said he had not—I then asked if he had committed any act of bankruptcy—he said he had not—I then said, "As you have answered my
questions, you will have no objection of course to sign a paper which I shall draw out"—I then drew out this paper, which he signed—we were to pay him 300l. down, and there was another sum of 100l. or more to be paid by commission, and I asked him how he would have it, whether by cheque or cash—he said he should like cash, and I sent one of the clerks for the cash, which was given to him by Mr. Coles.
Cross-examined. I think I first saw his three agreements on the 26th—I did not see Mr. Bellus—I heard afterwards that he had called—no attempt has been made by any creditor of the defendant to prevent our enjoyment of the premises, only by the Great Western Hallway Company, because we were trespassers there—they made no reference to the debt due from the late firm of Richards and Co., because they had accepted payment of the instalment of 3s. 9d. in the pound on the composition; there was no debt due to them—I applied to the Great Western Railway for a licence—there is still an application before them—I hope to get it—they have already turned us out from the wharf, which was the important part we wanted, but negotiations are pending under which we hope to get from them as an act of grace one of the offices lately held by the defendant—I have not seen the defendant to speak to him since the negotiation with Mr. Wilkinson. Thomas Morgan. I am agent to the Great Western Railway Company—on behalf of the Company I entered into these three agreements with the defendant; they refer to two offices and a wharf at Paddington—they contain a covenant binding him not to underlet without the consent or licence in writing of the Company—I never gave any such consent—I never promised to do so—he asked me to transfer the tenancy to Messrs. Richards and Co., and 2 told him I had no authority to do so without the sanction of the traffic department—I recommended him to go and see Mr. Wilkinson, and he would no doubt assist him to do what was necessary.
Cross-examined. I did not speak discouragingly to him—supposing the party introduced by him was substantial, I did not see any difficulty in getting the transfer; but that was not my business—these three agreements were prepared by me—the defendant has been a tenant of the Company for 15 years—we have known him for 20 years—he has always paid hi rent and the money I had to collect from him—I considered he was in a prosperous state of business—I know that lately he has been in rather embarrassed circumstances through some building speculation—he does not owe us a farthing—he is our tenant now, at the De Berg Hotel at West Drayton, under a seven years' lease—he is a man who has risen by his own exertions—he was for 14 years a non-commissioned officer in the Horse Guards Blue—he afterwards became one of the Queen's guards on the railway; he saved money and got into business under the Railway Company—I am not aware that he has done anything to forfeit that character.
JOSEPH LOFTUS WILKINSO . I am assistant to the goods manager of the Great Western Railway Company—I remember the prosecutor taking possession of the wharf—I never gave the defendant permission to assign those premises—he came and asked my permission—I had a long conversation with him and explained that the Company required the wharf for other purposes, and if he gave it up we could not transfer it—we did not recognise Richards and Co. as our tenants of the wharf—they have been expelled from it.
Cross-examined. It was either on the 24th of 25th of February that I had the long conversation with the defendant—I think I had a subsequent conversation with him—I cannot give the date—I would not like to say it was not after the 26th—he pressed me very strongly to put the matter right—he said from what passed between him and Mr. Morgan he sever contemplated any difficulty if the people were substantial—there would have been an objection to transfer in any case—if the defendant had not shown a disposition to give up the wharf, we certainly should not have turned him out—it is the rule of the Company never to permit a tenant to transfer—when substantial people come forward the Company are disposed to accept them, and if recommended by an old tenant, they would be the more disposed—I should say there was nothing to lead the defendant to fear that he might not possibly be able to get a transfer—he became our tenant of the De Berg Arms just about the time of these negotiations—he wanted money for that purpose—Richards and Co. have been using the offices and doing a fair business, but not on the wharf—we do not contem-plate meeting their wishes as to giving them a depot; the wharf is quite full, and there is no space to give to any one.
Re-examined. Permission had been previously asked to assign the premises to a Mr. Thomas, of Camden Town.
EDWARD ALDRIDG . I am clerk in the bills of sale office—I produce a bill of sale from the defendant to McColl, dated 22nd April, 1879, filed on the 24th, of the stock-in-trade, horses, &c., of a coal merchant—it still remains on the file.
Cross-examined. I have known thousands of cases where bills of sale have been satisfied and no entry made of it.
Cross-examined. The defendant is indebted to me for a balance—he has paid a considerable amount on account—an arrangement was made between us with regard to the bill of sale—I agreed to discharge all his business property from the operation of the bill of sale—there was his furniture; I allowed that to be removed to De Berg Gardens—I have now no claim upon a stick of his business property—he did not give me any fresh security for my debt, because he had paid off about 110l.—the original debt was 300/.—I was content with the security at West Drayton—I made inquiry at the Queen's Bench office, and was told that it was not necessary to have a fresh mortgage.
FREDERICK STRON . I am a member of the firm of Strong and Taylor, Sheriffs' officers, of 22, Castle Street, Holborn—on 31st January I went to the defendant's premises, under an execution at the suit of W. and J. Turner—I saw the defendant there, and told him I had an execution against him for 150l. at the suit of W. and J. Turner—he said, "You know it is no use"—I asked why—he said because there was a bill of sale for 300l. of Mr. McColl, and that a prior execution had also been down two or three days before in the hands of Levy and Co., the Sheriffs' officers, and that had been withdrawn under the same circumstances. Cross-examined. The last time I saw him was on 31st January—I can't swear whether I asked him if the bill of sale had been satisfied or not.
NOT GUILTY .
444. CHARLES TRITTON (27) Pleaded Guilty to four indictments for feloniously forging and uttering orders for the payment of money, with intent to defraud; he was also indicted with ROSE BUHL (21) for feloniously forging and uttering an order for 8l. with intent to defraud, to which he also
PLEADED GUILTY .
MESSRS. POLAN. and MONTAGU WILLIAM. Prosecuted; MR. WARNE. SLEIG. defended Buhl.
SAMUEL SMIT . I am a corn dealer and job master, of 11, Elizabeth Street, Pimlico—on 2nd March Buhl came in a carriage and pair—she said she was Mrs. Londsdale, living at 137, Alderney Street, Pimlico; she had had them out. and she said she wished to pay for them, that she had parted with all her loose cash, and would I change her a cheque for 8l. this is the cheque. (This was dated 2nd March, on Messrs. Lubbock and Co payable to bearer, drawn by George B. Gordon, and endorsed R. Buhl.) It was already endorsed when she brought it—the charge for the carriage was 35s.—I gave her 6l. 5s. change—she went away with the carriage—I paid the cheque into the bank next morning, it was subsequently returned marked No account," but before it came back, on 3rd March, the defendant called again in "he same carnage, and asked me to change this other cheque for 12l.—I said I had not got the cash and could not do so—a gentleman was sitting in the carriage—I don't know whether it was Tritton—I handed Buhl back the cheque—she asked if I could tell her where she could get it cashed—I said I did not know, I thought she might possibly get it done at the White Horse in Lupus Street, or at the Gun—she said she knew them at the Gun, and she dared say they would do it for her—next day she came again with the same cheque—there were then some ladies in the carriage with her—she again asked if I would cash the cheque—I looked at it and said I could not do so—while I was speaking to her in the carriage my son brought me the first cheque from the bank, marked "No account"—I then said to her "This looks like a forgery, I don't understand it"—she said no it was not, she had had them before, and her mother had cashed them for her and they were all right—in the first instance she said a gentleman at 32, Clarges Street, gave it her; afterwards she said it was a mistake, it was at Half Moon Street—she did not say what the gentleman's name was, I supposed it to be the name on the cheque—she said she had known the gentleman about three weeks that she had other cheques from him and they had been paid—I said I did not believe it, it looked to me like a forgery, and I believed it was for the purpose of obtaining money, and I should give her into the hands of the police—she said "I will see the gentleman, leave it till 6 o'clock to-night, and you call on me and I will get you the money"—I agreed to do so—I called in the evening and she was not there—on the following Saturday I called again and was told she had gone to Brighton—on the Monday I called again and saw her at the house 173, Stanley Street—I ascertained that her mother, Mrs. Clegborn, lived at 31, Burlington Arcade, and I went and showed her the cheque—I then went back to Alderney Street, and waited till Buhl came in at 8 o'clock; I told her I had called for the money for the cheque, and to pay for the carriage—she said "I have not got it"—I said "Well, I shall wait for it, you promised me on Saturday"—she said "You can wait, I have not got it, and I cannot get it, I am going away to Paris"—I waited in the room some time, and then seeing her packing up, and that there was no chance of getting the money, I left—she gave me the address as' the Hotel de Normandie, Rue St. Honore, and she would stop that night
at the Charing Cross Hotel—she said she had tried to find the gentleman and could not; she did not know where he was—I never got my money.
Cross-examined. Alderney Street and Stanley Street are the same street—she gave that address when she hired the carriage—I gave no evidence at the police-court—it was while I was waiting at the house in Stanley Street, on the 8th, that I ascertained who her mother was, not from her, but from somebody in the house—I told the prisoner that the gentleman ought to be locked up—I did not threaten to lock him up if I could find him—I dare say I said I would wait for him till he came—she said "You can wait"—I thought if I waited I should get the money that was nue to me, not from the gentleman, from her—I was told that he was in the house at the time, by her possibly, or by the servant—he came to the house in a cab with her—I asked her if he was the gentleman who drew the cheque—I don't remember what she replied, I should not like to say that she said yes, I don't know whether she did or not—I did not care whether he was in the house or not; as long as I got the money, that was all I wanted—to the best of my belief she did not say he was the man who had given her the cheques, I will not swear that she did not—I had seen Mrs. Cleghorn before that—I did not see her afterwards.
MORRIS VANDERPENHEI . I live at 137, Alderney Street, Pimlico, it used to be called Stanley Street—on Sunday evening, 29th February, Buhl came to my house with Tritton and engaged the drawing-room floor—I had a card in the window "Apartments to let"—Buhl said she was a daughter of Mrs. Cleghorn, of Burlington Arcade—my wife knew Mrs. Cleghorn—the prisoners lived at our house from 1st till 8th March, as Mr. and Mrs. Buhl—on the Saturday Mr. Smith called and had some conversation with. me—he came again on the Monday, the prisoners were out—he remained till the female prisoner came in—she went into the dining-room and brought up this paper and gave it to Mr. Smith, the ink on it was quite wet—it has on it "Mrs. Lonsdale, Hotel de Normandie, Rue St. Honore, Paris," and in pencil "Mrs. Cleghorn, 8, Cathcart Place, South Kensington"—the prisoners left together that night, and I have never seen them since.
Cross-examined. My wife is not here—I had not known Tritton before—I saw them go out together on one occasion, they were living as man and wife—I did not know his name was Tritton till after he had been there two or three days.
THOMAS GIL . I am a police inspector at Manchester—on Wednesday, 10th March, I took the prisoners into custody at an hotel there—I told them that I was a police officer, and had received a telegraphic message from London to arrest the female prisoner, and from the circumstances of the case, I should also arrest Tritton—she said, "What is it about?"—I said, "Respecting a forged cheque that has been put off to some person in London"—she said, "If you can give me the name, perhaps I can tell you something about it"—I said, "I cannot"—she said, "All the cheques that I have had is a 10/. cheque from a man named Gordon, and I passed that to a man in London named Smith"—Tritton was present but said nothing—I took them to the police-office, and told them they would be detained till the officer came from London to see whether he would take
them both back to London, or only the female prisoner—Tritton was after wards liberated; I watched where he went to, and went with him to the railway station—Buhl said, "Where is that man gone?"—I said, "He is going away by the next train to Liverpool"—the inspector in charge then said that she had made a statement implicating him, and I rushed to the station and brought him back, and in the presence of both I said to Buhl, "I am told you have made a statement that concerns this man, if you think proper you had better repeat itn—she said, "This is the man that gave me the cheque that I spoke about"—he said, "Do you say that?"—she said, "I do, you know it is true, and your own handwriting will prove it, and you gave me all the cheques that I have had to do with"—I then told him he would be detained—he made no reply—an officer came from London and they were handed over to him.
FREDERICK CHURC . (Detective B). On 11th March I received the two prisoners from the Manchester police—after I read the warrant to Buhl, she turned to the man and said, "That is the man that gave me all the cheques I have cashed"—he made no reply.
JOSEPH SMIT . I am a tailor, of 9, Sussex Place, South Kensington—on Monday, 16th February, the female prisoner came to my house about three in the afternoon, and asked me to cash her this cheque (produced), it is for 157., dated 17th February, drawn by C. G. B. Litton, on Barclay, Bevan, and Co., payable to self or bearer—she asked me to cash it for Mrs. Cleghorn—she said she was Miss Cleghorn—I noticed that it was post-dated—she said she wanted the money very particularly that night, and she would feel it a great favour if I would oblige her—I asked if she knew the drawer—she said yes, that he could be found at the Junior Carlton Club, of which he was a member, and that address was entered in my address book—I asked how I was to know she was Miss Cleghorn; she raised her veil and asked me if I did not see a likeness to her mother—she also said she was at home when the business was transacted, relative to a house that I was about taking of her mother a short time before—I believed her to be Miss Cleghorn, and I cashed the cheque—I drew a cheque on my own bankers, the London and Provincial, for 157., and gave it to her, and kept this cheque—I afterwards paid it into my bankers, and it came back with "Please state on what account drawn" on it—I wrote to the Junior Carlton, and the letter was returned three days afterwards—I did not see the prisoner again till she was in custody.
GEORGE REED DAVE . I am clerk to Lubbock and Co.—we had no account in the name of C. G. R. Litton on 17th February, or at any time—this cheque was presented at our bank and returned, marked "Forgery"—that is my writing.
ROBERT WILLIAM GREE . I am in the service of Harvey, Nicholls, and Co., drapers, Knightsbridge—on Friday, 27th February, between 5 and 6 in the afternoon, the female prisoner came into our shop—she was known as Mrs. Cleghorn's daughter—she produced this cheque, dated 27th February, for 12l. on the London and County Bank, signed George B. Gordon, and asked me to cash it—I did so, after consulting with our principals—it was
paid in to our bank, and returned marked, "No account"—I subsequently had an interview with Mrs. Cleghorn, and after that applied for a warrant.
Cross-examined. I did not know that she was married; but it was konwn to some of the young men in our establishment.
CHARLES HUN . I am a clerk in the London and County Bank, Lombard Street—we have no customer of the name of George B. Gordon, nor we on 27th February—this cheque was presented at our bank and marked, "No account," and returned.
EMMA CLEGHOR . I am a milliner in the Burlington Arcade—I have 1 a customer of Harvey, Nicholls, and Co., for 25 years—I did not authorise my daughter to go there on 27th February and cash a cheque for—I have cashed cheques for her in the way of business—she has done little business on her own account—I think it is about six months since shed one for her; that was in exchange for some fur.
Cross-examined. She was married about three years ago, when she was and was very unfortunate in her married life, and her home was broken and she came to live with me—she put herself under training as a prosonal singer, and pursued that calling—up to that time she was a very good girl—she has sung in public and met with great success—that took a good deal from home—it is only very lately that she has got into company that she would not have done had she remained at home—she has been very good up to the last month or so—she remained with me until last Christmas—if she had asked me to cash a cheque for her I should have done it—I was at Southport at the time the cheque was presented at Harvey and Nicholls's—I am very well to do—if my daughter had applied to me for money she could have had it—I have never refused her money—I knew nothing of her connection with the male prisoner.
SAMUEL HORATIO ST. AUSTI . I live at Glasgow at present—I have known Tritton four or five years—I knew him in London—I know his handwriting perfectly—these three cheques are his writing—I should not like to swear to this piece of paper; but to the best of my belief it is his. Annie Jackson. I am a servant in the employ of Mrs. Nash, of 11, Fawcett Street, West Brompton—the female prisoner came to lodge there at the commencement of February, in the name of Mrs. Buhl—she said she was going by the name of Mrs. Lonsdale—she stayed nine days—one day my mistress asked her for some silver that she had lent her to pay a cab fare—she said she would go up and ask her friend if he had any—that was the man who was living with her; he came on the Sunday afternoon—she came down and said her friend had not any money with him; but if Mrs. Nash would change a cheque for her she would pay all she owed her—she said her friend had 300l. in the bank in Lombard Street—the man was in bed at the time—she left next day—I did not see the gentleman at all.
BUHL GUILTY .— Nine Month' Imprisonment.
TRITTON.— Fifteen Months' Imprisonment.
NEW COURT.—Monday, May 24th, 1880.
Before Mr. Common Serjeant.
448. JOHN HATCH, alias LAWRENCE GILBERT (48), to stealing, while employed in the Post Office, a letter containing two cheques, also to detaining three post letters, also to secreting while employed in the Post Office 2,034 letters, the property of Her Majesty's Postmaster-General.— [Pleaded guilty. See original trial image.] Eighteen Months' Imprisonment.
HERBERT PREVOS . I am manager to Mr. Courtice, a hair-dresser, of 234, Strand—on 1st May, about 11 a.m., the prisoner came in for a cake of soap—I had seen her there three or four times before that on the previous week—she tendered a florin and I gave her 1s. 8d. change—she said that she was employed in Thanet Place—immediately she left I found it was bad—it had not left my hand—there are two shops between there and Thanet Place—I ran up Thanet Place and was so quick after her, that I must haw seen her if she had been there, but she was not there—about 7.45 the same evening she came again for a small sponge to clean a lamp glass—it came to 6d., she gave me a half-crown—I said "This is bad"—she said, "Is it, I must take it back to my mistress, then"—I said, "I will make sure that it it bad first, and fetched a pair of pliers, broke it, handed her the two pieces, and she left—I watched to see if she went to Thanet Place, and she did not—I gave her in charge with the florin, and asked her what she had done with the 1s. 8d. I gave her in the morning in change for the florin—she said, "I have not got it now," but did not say that she had not been there—she said that if I would let her go home to her mother and father she would tell us all about it.
Cross-examined. I did not say that at the police-court, I was not asked, and I forgot it—it was daylight when I received the florin in the morning, and gaslight when I took the half-crown in the evening—the florin never left my hand till I found it was bad—I rang it on the glass case—I always keep the coin in my hand while I am giving the change—it is not easier in our shop to recognise a person by gaslight than by daylight—the lower part of the window is blocked up with plaits of hair, but there are apertures for the light to come through—there is more light from the door than from the window—she stood in the light from the shop door—I was sure the half-crown was bad before I broke it, and knowing that she was the same person I gave her in custody—the moment I saw her I made up my mind that she was the person who came in the morning.
Re-examined. I had seen her previously on several occasions when she
had made purchases—I knew her by sight, and recognised her when she come in.
By MR. SLEIG. Mr. Courtice once found a bad shilling after she had been there.
JOHN NORLOT . (Policeman E 186). I saw the prisoner come out of shop about 8 p.m. and go towards the west, towards Dudley Street—the prosecutor came out, spoke to me, and I followed her about 20 yards, took back to the shop, and she gave me a bad half-crown in two pieces which had in her hand—she cried, and said, "I hope you will forgive me, and come home to my parents, and I will tell you all about it, I have a child depending on me"—the prosecutor gave her in custody with this florin, a said "The woman passed this 2s. bit this morning, and I gave her 1s. 8d. out of it;" she made no answer—she was searched at the station, and a florin, a shilling, eight sixpences, and 6d. in bronze was found in her purse—Dudley street is about a mile west of the prosecutor's shop—I went there and saw father and mother—her father was examined at the police-court.
Cross-examined. I am sure she said nothing when the prosecutor said he had given her 1s. 8d. change for a florin—I will not undertake to he did not say that she had not had it—I heard all that took place—not call it to mind—I have seen Mr. Prevost at the shop since I was examined at the police-court, but did not speak to him about the case, or tell him where Dudley Street was—I only told him to be here—I think the prisoner told me in Prevost's presence, on the night she was taken, that she 10s. from a gentleman—I left that out because she had no half-sovereign her, and because I did not think of it—I do not know that the half-crown in her hand and the money found on her make up exactly half-a-sovereign—the statement that she had "a child depending on her was not as an excuse for her taking money from a gentleman, that I swear—I cannot say whether she made that statement in the street or in the shop—the prisoner gave her address, 50, Dudley Street, which is correct, and she gave her correct name.
WILLIAM WEBSTER . These coins are bad—thehalf-crown is very well made. The Prisoner's Statement before the Magistrate. "I can say where I got the 2s. 6d. from. A gentleman gave me 10s., and the 2s. 6d. was among it. I had not been in the shop before. I can prove I was at home the whole day."
Witness for the Defence.
GEORGE WINSPE ., I live at 50, Dudley Street, Soho—the prisoner is my daughter—I was called as a witness for her at the police-court—on the day she was taken in custody I saw her first just after 5 a.m.—neither she nor I went out of the house all day till 5.30 p.m., when she went out—I was in the room all day and she was with me—she was cleaning—she went down to empty the dirty water and brought up clean—she dined at home—the longest time she was out of my sight was two or three minutes—I am a bootmaker and work in the same room—I was at work all day till 8.30 p.m.
Cross-examined by MR. CRAUFUR. I am speaking of May 1st—I never moved out of the room from 5 a.m. till 8.30 p.m.—my wife is not here, she is at home very unwell—she was in the same room with me all the time—I can fetch her in a cab—the prisoner has been away from home but not of late; she has been with us since Christmas—she is single—she was not cleaning the room from 5 a.m. till 8.30 p.m.—she did not rise from her bed till past 8—she sleeps in the room in which I work—we have only
one room—she was all the day cleaning the room, but she had to go breakfast first—I was busy working, but I should know if she went out—she is an envelope folder, and used to work at Stoneman's in Hatton Garden but she has no work now.
NOT GUILTY .
MESSRS. CRAUFUR. and LLOY. Prosecuted.
THOMAS LUCKIN . I assist my father, a dairyman, of 40, Store Strut Bedford Square—on 6th May I served the prisoner with two eggs; he gave me a bad shilling—I took it to my father, and when I came back the prisoner was gone—(he had been there on 13th April for two halfpenny rolls and two eggs, and gave me a bad half-crown, but I did not discover that it was bad till he had gone—my father broke it up with a chopper and threw the pieces in the fire—they were greasy, but the half-crown rang well and bounded)—I followed him to Gower Mews, brought him back the the shop, and said, "You have got the eggs, you have forgotten the change—he said, "I was coming back for that"—I left him with my father and went for a constable—I recognise this shilling.
Prisoner. I was not in England on 13th April. Witness. I am certain you are the person.
THOMAS LUCKING, SENIO . The last witness is my son; he assists me—he gave me a half-crown on, I think, 13th April, but I did not see the prisoner—it was bad and I chopped it up—it felt greasy and soft—I put it in the fire—on 6th May my son brought me a shilling, and when I went into the shop the prisoner had just been brought back—a constable was sent for and he remained in the shop, but I stood at the door.
Cross-examined. You took the eggs out of your pocket and put then on the counter.
ROBERT EARNSHA . (Policeman E 387). I took the prisoner—Mr. Lucking said that he had passed a bad half-crown there a month before!—he said nothing to that, but at the police-station he said that he was not in London at that time.
Prisoner's Defence. I am innocent of the half-crown altogether.
GUILTY. of uttering the shilling.— Nine Months' Imprisonment.
OLD COURT.—Tuesday, May 25th, 1880.
Before Mr. Recorder.
MESSRS. POLAN. and MEA. Prosecuted;
MR. MONTAGU WILLIAM. with
MR. CAVENDISH BENTINC. Defended.
SIR FRANCIS MORGAN FESTIN . I am a Knight Commander of St. Michael and St. George, and Colonel of the Marine Artillery—on 12th July last I was residing at 3, Beaufort Gardens—I left on that day with Lady Festing for the country, leaving workmen in the house—I had occasion to come up to town on 9th August, and noticed this medal (produced) on a cabinet in the drawing-room—I placed it in the cabinet—I returned to town on 12th August, and on the 29th I missed the medal—I found the
case on the top shelf of the cabinet, 8 feet high, as if it had been put there oat of sight—I was shown the medal by the police some time after 7th April this year, also some other things which Lady Festing identities.
Cross-examined. Two men named Williams were charged at the police-court with stealing this property—I believe they were discharged.
Re-examined. They had been engaged in the house taking up carpets while we were away.
LADY SELINA MART ELEANOR FESTIN . When we left town on 12th July all my jewellery was safe in a small bag in a drawer in my bedroom, which was kept locked—we returned to town on 12th August, and on the 29th I went to my dressing case and missed certain articles of jewellery from that and also from another dressing case, to the value of more than 20l. or 30l.—I have been in the habit of keeping my keys in a drawer, and the jewel case was always locked and the keys were in a bag in a drawer—I found that two locks of my dressing table drawer had been tampered with, and two or three locks in the drawers of the writing table in the dining room—I identify these things produced as part of the missing jewellery; here is a piece of a gold clasp of a bracelet; a piece of coral that was in it has been taken out; a gold ear wire and a portion of a gold snap; there was an emerald in the middle, which has been taken out—I recognise the setting.
Cross-examined. This is all that has been recovered; it is not of much value.
EMILY WOO . I am a servant in the employment of Colonel Festing—on 12th July last Colonel and Lady Festing went out of town—on the 11th and 12th two men were employed to take up carpets—on the 14th July I saw Lady Festing's dressing case in her bedroom in its usual place in the drawers—I noticed that it was unlocked—I put it in the plate chest—some days after Lady Festing returned I took the dressing case to her, and she missed some of her things.
SQUIRE WHITE (Police Inspector B). At half-past 10 on the night of 6th April, in company with another officer, I went to the prisoner's house, No. 3, Little Ebury Street, Pimlico—it had up the name of "William Brown, dealer in marine stores, rag and bone merchant, wardrobes purchased, furniture bought"—he was at home—I said to him, "Do you know me?"—he said, "Yes, Mr. White"—I was in plain clothes—I said, "I want to speak to you about some plate that you have bought to-day"—he said, "No, I have not bought any"—I said, "Yes you have, I think, with some old iron, about half a cwt."—he said, "No"—his wife then went upstairs, and I followed with Brown—I went into the front room, and on the table was this plated salver—I asked him how he became possessed of that—he made no reply—we then went into the back room, a small bed-room—whilst I was stooping down the prisoner took this black bag from under the bed and was about to hand it to his wife, who was standing near the door—I caught hold of it; it was not locked, it was fastened with straps—I undid it—on the top there was a lot of old rags and a pair of slippers—I felt in it and found it contained a quantity of jewellery—I said to the prisoner, "How do you account for having this in your possession?"—he said, "I bought it of a man to-day, named Johnson, for 50l."—I asked where Johnson lived—he said, "No. 1, Smith Square, Chelsea"—I said I did not know of such a place, and I should take him into
custody—he said he had paid the man 40l. in gold and a 20l. note, and I should find two 5l. notes in the bag, wrapped up in some paper—that was so—I said, "I shall take you into custody for receiving the property, well knowing it to be stolen"—he made no reply—he was then taken to the station—at the station I found Colonel Festing's medal, and I said, "I know that was stolen, for I had had the inquiry myself"—he made no reply—on the bag the initials, "D. G.," had been erased—I have made out a list of the things in the bag—I have been 20 years in the police—I should think the value of the whole things is about 200l.—I have shown some of the articles to Mr. Thompson, to Mr. and Mrs. Corrie, Mrs. Warner, Mrs. Cornell, and Lady Westbury's maid—there is no such place as Smith Square, Chelsea—I found no invoice or memorandum relating to then things.
Cross-examined. I know a Smith Square, Westminster, that is two miles from Chelsea—I don't remember mentioning to him such things as ladles and spoons—I did not say "If you produce them I will place you in the position of a witness," nothing of the kind—when I took hold of the bag I said "What is that?" he did not say "Those are the articles I told you of"—ho did not tell me who Johnson was—he said he had bought the things that day.
HENRY VALENTINE CORRI . I live at 5, Hereford Square—I missed a ring and sleeve links about the beginning of November—I last saw them about June, they were generally kept in a small tin box, locked in my dressing room—these produced are the articles; also this small silver cup in the shape of a thimble, and this opera glass—I missed them all about the same time.
Cross-examined. I missed several other articles which I have not seen since.
CATHERINE MARY CHISHOLME CORRI . I am the wife of the last witness—I identify this silver cup; also this gold locket, the portrait that was inside has been removed—this ring is complete, and this diamond spray—this gold brooch has had a miniature removed—this triple filbert nut bound in silver is a complete article—this is a portion of a gold ornament from a chatelaine—this vinaigrette has been broken—I identify these things as my property—I also lost other property to the value of about 12l.—these things are worth about 15l.—I missed the things at various times, from November to April, at intervals—I also missed a 5l. note in November—people were employed in the house, taking up carpets and cleaning windows. Kate Connell. I live at 21, Neville Street, Fulham—on Thursday, 26th February, I went to stop for a day or two with my sister, Miss Rose, at 23, Westgate Terrace, West Brompton—on that evening I placed a pair of rings and a locket in my dressing case, in my bedroom—I left it unlocked—on the 28th I missed them; this is the locket, it is in the same state in which I lost it, except being scratched.
STEPHEN ROBERT THOMPSO . I live at Glenmore House, Dulwich—I have been shown this silver salver—my father had one which was safe on Easter Monday morning, 29th March last; it was missed between 2 and 3 that day—it had my father's name and an inscription in the centre—there was Borne other silver missed, to the value of about 7l. or 8l.—this salver is of the same size and character—there is an erasure in the centre in the place where the name was, and the name of the person who presented it—I can't say who took it.
of 134, Cromwell Road, South Kensington—on 31st November last I went I for a holiday; before I left I saw that a gold brooch of Indian work, in the I shape of a tie, and a locket in the form of a padlock were safe; they belong I to Miss Ada Bethell—I missed those articles at the beginning of February.
Cross-examined. Three bracelets and a case of apostles' spoons were also I missed in 1878.
MARY WARNE . I am the wife of Simeon Warner, of 23, Stanhope Gardens, Queen's Gate—I had some jewellery safe in my house recently, which I missed on 21st July, and which I had seen safe in the previous April—they were a pendant, pink coral, and diamonds, and a blue bracelet, of the value of about 15l. or 20l—I lost many other things—I identify this blue locket, it has had a painted photograph taken out of it—I know it to be my property.
The prisoner received a good character.
GUILTY .— Five years' Penal Servitude.
SULLIVAN PLEADED GUILTY .
MESSRS. POLAN. and MONTAGU WILLIAM. Prosecuted; MESSRS. WARNE. SLEIG. and HOLLING. defended Burton.
MARIA SMIT . I live at 12, Pemberton Gardens, Upper Holloway—Sullivan came there on Saturday, 10th April, to work as a charwoman; she slept at the house on Saturday and Sunday, and left on Monday the 12th—my servant drew my attention to a parcel that she had with her when she left—I went into the kitchen and asked her about it—she said it was a dress that did not fit her—she promised to be back almost immediately, she did not return—I afterwards missed a sealskin jacket trimmed with sable, belonging to Lord Poulett—this is it (produced)—it is worth 350l.—it was missing from the dressing room on the first floor—I immediately communicated with the police.
Cross-examined. I can't say how long I had had the jacket, it might be a year—I can't say the exact time when I last saw it—it is Lord Poulett's—he did not live in my house—I did not see him buy it—I suppose he brought it to the house; I did not see what was in the box that contained it—I may have seen it in his hand, I don't know, I don't think I have—I am the occupant of the house; I am the mistress and the householder—I have no lodgers, or any one living with me.
SARAH PAG . I am servant to the last witness—I remember Sullivan being employed there on Monday, 12th April; she was cleaning the first floor bedroom—I saw the sealskin jacket there that day, hanging up behind. the door, about 3 o'clock, I missed it about half-past 6—I saw Sullivan in the kitchen about 5 o'clock, preparing to leave—I saw a bundle there wrapped
in a coloured apron—I have seen the jacket from time to time; I have no doubt this is the jacket.
RIGHT HON. LORD POULET. I am at present living at Margate—I purchased this jacket—I bought the fur for it of Nicolay, of Oxford Street, in 1871 I think, for 400l.—the jacket itself is only worth 34 guineas; the fur is very rare sable—it was the property of my late wife.
ESTHER SULLIVA . (The Prisoner). I am a charwoman—I went to work at Mrs. Smith's as a charwoman in April—I took this jacket on Monday, 12th April—I took it straight away to Burton's, in a street in Poplar—I don't know the name of it—I was told by my husband where to find her—she was just against the door—she said "What do you want?"—I said I wanted to speak to her—she said "Come inside"—she took me inside to a little back kitchen—I said "I have a sealskin jacket; will you buy it?" she said "Don't speak out loud, for the children; come upstairs into the front room"—I went upstairs, and opened the jacket out of the parcel and showed it to her—she took it in her hands, and said "How much do you want for it?"—I said "3l. 10s"—she said "It is not worth it; I will give you 3l. for it"—I said "No, that won't do"—she said "I will give you 3l. 5s. for it"—she gave me three sovereigns and two half-crowns—she said "Where did it come from?"—that was after she had paid me—I said "It came from Holloway"—she said "Are there any more there?"—I said "No"—she said "I don't expect it will be missed; if it is you won't tell where it is, will you?"—I said "I don't know"—she said "I shall have to keep it until the winter before I can get rid of it"—I said "That has nothing to do with me"—she said "Where do you live? where are you going to now you have got the money"—I said "To Seven Sisters Road, to my husband"—she said "Where to?"—I said "Eight down Holloway"—she said "Don't go that way; you can take the train from Poplar, and go to the Seven Sisters Station; that will be nearest to you"—instead of doing so I went over to Bow Common—she told me that she had another sealskin jacket, a little short one, that she had kept two years or more, and that she could not get rid of because it was so short—there was nobody up-stairs when I went up—there was a little girl below, and two or three very small children—I went straight to Burton's after taking the jacket, except to a beerhouse, where I left my little bundle—Burton keeps a furniture shop—I was taken into custody for this.
Cross-examined. I did not arrange this robbery with my husband, that I swear; he had nothing to do with it—he knew I was at work at Mrs. Smith's—I said before the Magistrate: "I was persuaded to do so, or I should not have done it. After engaging with Mrs. Smith I got some drink and went home, and my husband got Mrs. Smith's address out of my pocket Next day I promised to meet my husband in the evening, but I did not do so, and my husband came to Mrs. Smith. I told him I was going to sleep at Mrs. Smith's. He came again on Sunday evening, and that was how the arrangement was made for the jacket to be taken. It was by his wish that the jacket was taken"—I say now that I did not arrange this with my husband—all I said at the police-court is not untrue—I did not make the agreement with my husband to take the jacket—it is untrue that it was done with his wish—he told me to go to Mrs. Burton—there was no conversation between me and Mrs. Burton as to how long I would leave the jacket; there was no leaving, it was sold out and out—I have been convicted of stealing twice, and once for drink.
CHARLES DOD . (Police Inspector Y). After Sullivan was in custody I went with Police Constable Lewis to 11, Willis Street, Bromley-by-Bow, in Essex—Sullivan went part of the way with me, and gave me some information—I then went to the house—I did not see any name up—it was a small furniture shop—I went inside and saw Burton—I was in plain clothes—I said to her "We are police officers, and I want from you a seal-skin jacket that you bought from a woman on Monday (this was on Wednesday)"—she said "I have got no sealskin jacket"—I said "I have received direct information that you bought a sealskin jacket of a woman who is in custody, on Monday, and that you gave her 3l. 5s. for it"—she said "I did not buy the jacket; I have not got the jacket, but I know where I can get it; I did not buy it, I lent her 3l. 5s. on it; shall I get my money back?"—I said "I can't say"—she asked if we had a warrant to search her house—I said "No"—she went up a staircase—I did not follow her—she came downstairs with this jacket—she said "My husband is a labouring man, and I do a little buying to get a living for the children; when the woman brought roe the jacket she said she had had it given her, and if I had known it had been stolen I should not have bought it"—as I was leaving she said "Don't say anything to the police in the neighbourhood"—I told her she would hear further, and I came away with the jacket—I communicated with the police at the Poplar Station close by.
Cross-examined. I believe there were two children there, one about 14 years of age—that was just at the last—I did not see one of the daughters when I first went in, not until the jacket had been produced—I did not ask the daughter if her mother was in, that I swear—I did not see that person (Minnie Burton) until afterwards; after receiving the jacket—I could not say whether I saw Janet Burton there or not, I don't recollect—I would not swear I did not—the prisoner was downstairs in the shop when I first went in—I did not say to her, "Are you Mrs. Burton?"—she did not say, "What is your business with me?"—she did not say, "I did not buy the jacket, I lent her 3l. 5s. on it, and she was to come on Thursday to get it"—I did not say, "I am the owner of the jacket, and it has been stolen from my house, and if you give it up you shall have the money for it; will you get us the jacket"—she did not ask me to go into the back room while she fetched the jacket—I stood in a narrow passage in the shop—when she came downstairs I followed her into the back room—she lent me a leather bag to wrap the jacket in—she asked my name and address, and I gave it to her—I did not then say, "We are two police officers, I am Inspector Dodd, and this is Inspector Lewis"—I said, "I am Inspector Dodd, and this is Sergeant Lewis"—I did not say, "As you have dealt fairly with us we shall deal fairly with you."
EDWARD GODDE . (Policeman K 44). On the afternoon of 14th April I went to 11, Willis Street, Bromley-by-Bow—I there saw Burton—I was in plain clothes—I told her that I was a police officer, and I should take her into custody for receiving a sealskin jacket value 500l., well knowing the same to be stolen—she replied, "I did not know it was stolen, the woman I bought it of said a man had given it to her"—at the police-station she said, "I did not buy it, I lent 3l. 5s. on it"—I searched the house, and in the first floor back bedroom I found this shawl, under a large quantity of coats, vests and trousers—I found 11 shawls altogether—I asked her how she accounted for the possession of them—she said, "I bought them, some I
bought at the door of the shop, and some I bought the tickets of and took them out of pawn, but I can't say from whom or where"—this conversation took place after Inspector Dodd had been there—I have shown this shawl to Mrs. Vaness and she identified it.
Cross-examined. I found the shawls on the top of a chest of drawers under other property—I could sec them when I went into the room.
DAVID LEWI . (Police Sergeant Y). I went with Godden to Burton's house—after he had taken' her, I asked her if she would like to remain in the house as I was going upstairs to search the place, or would she prefer going to the station?—she asked me to allow her to remain, which I did—I made a search in her presence—I went upstairs to the back bedroom, first floor, and there saw a large quantity of wearing apparel—amongst other things I found these two sealskin jackets under a lot of coats, waistcoats, and trousers, all new, on a chest of drawers—I pulled them out, they were nearly at the bottom crumpled up—I said, "Here are two sealskin jackets, Mrs. Burton"—she said, "Yes"—I said, "How do you account for having these in your possession?—she said, "This one I bought of a woman who I don't know, and I bought that some six or seven months ago"—I said, "Have you any books?"—she said, "No, I have not a buying in book"—on looking under the bed I found a sack—I pulled it out—it contained 20 pairs of boots all new, men's, women's and children's—I asked how she accounted for them—she said, "I bought them of different people"—I have shown this sealskin jacket to Mrs. Adams, and a pair of the boots to Mr. Turner—I saw the things found by Lucas, and took away a large quantity to the station.
Cross-examined. She did not say she had had the sealskin jacket three years and a half; she said she had had it some time—she said nothing about dealing in unredeemed pledges—she said she had bought the tickets of some of the things—that was after about eighty tickets were found in the house Thomas Lucas (Police Sergeant 7). I went with Lewis to Burton's house—I went to the coal cellar with a candle, and there found a twig basket apparently filled with rags on the top—I put my hand in and felt something very weighty—I emptied the things on to the table—it consisted of a large quantity of new plated articles wrapped up in tissue paper, 15 dozen knives and forks, and about 80 duplicates relating to different property; silk jackets, shawls, sealskin jackets, and different articles of wearing apparel.
Cross-examined. It is a small house, two rooms up and two down—the coal cellar was on the ground floor, under the stairs leading upstairs—it was a cupboard with a door to it—I have a list of the things found—the tickets were left at the house that night.
PHOEBE VANES . I live at 29A, Ford Street, Spitalfields—my husband is a diamond polisher—this is my shawl; it is worth 5l.—it was safe in a cupboard in my parlour on Easter Monday—I missed it with other things about 10th April—the house had been entered.
SARAH ADAM . I am the wife of Frederick Adams, of 23, Somerford Grove—this sealskin jacket is mine, and was stolen from our house with a quantity of other property, on the night of 4th February—it is worth 5l.—I have had it six years.
Town—in May last year about 400 or 500 pairs of boots were stolen from my manufactory—I identify the pair produced as my property; they are new, and are a pair of those that were stolen—they have my private mark upon them.
The following Witnesses were called for the Defence.
JANET BURTO . I am the prisoner's daughter—on Monday evening, 12th April, I was at home about 7 or 8—Sullivan came into the shop—she said she was recommended by a person to come to our shop to buy some furniture—she looked at some and agreed about the price—she said, "I shall not be able to pay you more than 2l. down and 1l., a month after wards, as I only get my money once a month from my young man"—she undid a paper parcel that she had, and said, "Don't you think this is a nice present?" and took out this sealskin jacket—mother said, "Yes"—she said, "I would rather have the money than the jacket just now, as I am so hard up; will you buy it?"—mother said, "No, I don't-care about buying anything of the sort;" but she pressed mother after a bit to lend her 3l. 5s. on it, and she would come for it on the Thursday and complete the arrangement about the furniture—no one was present but mother and myself—I was there on the Wednesday following when two gentlemen came, and they had a man with them—my sister was in the shop, and she called mother down, and I came down with her—they said, "Are you Mrs. Burton?"—mother said, "Yes"—they said, "Did you buy a sealskin jacket of a woman named Sullivan on Monday evening?"—she said, "No, but I lent a woman 3l. 5s. on one, and she is to come for it to-morrow; what has that jacket to do with you?"—Dodd said, "I am the owner of the jacket, it has been stolen from me, and if you give it back in a straight-forward manner you shall have your money back to-night; have you got it in the house?"—she said, "Of course I have," and she went upstairs and got it—she said, "Before you take it away, I shall require your name and address"—they then said, "We are two police officers"—that was the first time they said so—they said, "Have you got a sheet of paper to wrap it in?"—she said, "I have got an old portmanteau I can lend you," which she did—she said, "If you are police officers, do you require me to go to the station to explain how I came by this jacket?"—they said, "No, only we shall want you in three or four days when this woman comes up for trial, to be a witness," and they went away—that was all that took place when I was present—I was on the stairs at the time.
Cross-examined. I was not called before the Magistrate; I did not go there; father said if I was required he would telegraph for me—I had never seen Sullivan before—she did not go upstairs at all—the whole conversation took place downstairs in my presence—mother asked her name, and she said her name was Sullivan, that she did not live here at present, but she was going to take a room at 19, Ettrick Street—I believed what she said about the jacket—I had no idea of its value.
By the COUR. I was not present when the boots, coats, and other things were bought—mother goes to sales and buys different things—there was nothing in the cellar but coals—this other sealskin jacket had been in the house 12 or 15 months, if not longer.
she was upstairs; I called her down—she said, "What is it you want?"—he said, "I have come about a sealskin jacket; did you buy it of a woman named Sullivan?"—mother said, "No, I never bought it, but I lent her 3l. 5s. on it"—he said, "I am the owner of the jacket, and you shall have the money back to-night; act fairly by me and I shall act fairly by you"—mother asked him inside, and she went upstairs and got the jacket—she wanted to know his address before he took it away, and he then said, "We are two police officers"—I had not heard that they were officers before that—mother said, "Shall I want to go to the police-station to explain how I came by it?"—he said, "No, you will hear from us further in two or three days, when this woman is brought up"—the jacket was put into a portmanteau and taken away—this other sealskin jacket has been in the home I should think about 12 months.
Cross-examined. I don't know how long the shawl or the boots and the plated things had been there—I don't know how they came there or who brought them—I was not before the Magistrate—father told me to come here; he said the solicitor said I was to come.
ALFRED ALLWRIGH . I am a ship's clerk—I have known Mrs. Burton about two years—I have no knowledge of her business except what I have had with her myself in selling some of my property to her—I have a list of the articles—in July, 1879, I sold her a pair of silver-plated chamber candlesticks, a silver-plated biscuit box, an ivory brooch, gold bracelet of foreign beads, ear-rings, and a number of other things—I merely went to her shop as I was passing, having the things to sell, and asked if she would buy them—I have since this charge been to the police-station, and identified the two chamber candlesticks, and I was told they had the bead bracelet and necklet—they said they had not got the other things.
Cross-examined. Hers was a furniture shop; there were also ornaments in the window—I went into the shop quite on speculation—I did not know that she dealt in plated articles till I asked her to buy them—they came to 3l. or 4l.—I always found her a straight-dealing woman—they were things I had had in use some years—they were not new, or wrapped in paper; they were tarnished—she gave me a fair price.
SIMEON VINNICOM . I am a boot and shoe manufacturer, of 23, Victoria Dock Road, West Ham—I have known Mrs. Burton 15 or 16 years—she always bore an honest character—I have had dealings with her, and sold her large and small quantities of stock out of condition—I sold her some two or three years ago—I have dozens of pairs of boots in my stock like those produced—I could not swear that I sold her these; they are very much like what I have sold her—I don't see any private mark on these—they are made in Northampton by hundreds.
Burton received a good character.
BURTON— GUILTY .— Seven Years' Penal Servitude.
SULLIVAN— Five Years' Penal Servitude.
NEW COURT.—Tuesday, May 25th, 1880.
Before Mr. Common Serjeant.
MESSRS. CRAUFUR. and LLOY. Prosecuted.
MAGDALEN LAC . I keep a sausage shop at 34, Old Compton Street, Soho—on 22nd April, about 7 p.m., I served the prisoner with twopenny-worth of Swiss cheese—he gave me a half-crown—I had it still in my hand a few minutes afterwards, when my son came in and found it was bad—I gave it to a constable; this is it—on the 24th the prisoner came again for twopennyworth of Swiss cheese—I recognised him directly, and called Mr. Fisher, as the prisoner was holding his hand over the money—he produced a half-crown—I asked Mr. Fisher to see if it was good, and said to the prisoner "This is the second time you have been here"—he said nothing to that, but asked Mr. Fisher to go out and see the gentleman who gave him the half-crown and sent him in to get the cheese.
Cross-examined by the Prisoner. I recognised you directly you came in by your face and clothes as the man who came on the 22nd. John Fisher. I am a jeweller, of Sidmouth Street—on 24th April I was in Mrs. Lack's parlour—she called me, and told me in German to watch the prisoner—she served the prisoner—he put down a half-crown—I picked it up, and said "This is a bad one, where did you get it?"—he said "A young man gave it to me outside; will you go out and see whether you can see him?"—Mrs. Lack said that that was the second time he had come, and gave him in charge.
Prisoner's Defence. A gentleman sent me in with the money to get him some cheese. I had never been there before.
GUILTY. of the second uttering.— Nine Months' Imprisonment.
MESSRS. CRAUFUR. and LLOY. Prosecuted.
LOUISA GIL . I am the wife of Henry Gill, of 59, St. John's Road, Hoxton—on Tuesday, 4th May, I served the prisoner with a twopenny cigar—he gave me a florin—I said "This is bad," and threw it back to him—he gave me a good one—I gave him the change and he left—I picked him out from 16 or 17 others on the following Saturday.
BENJAMIN RALP . My shop is not far from Mr. Gill's—on Saturday, 8th May, my sister served the prisoner with some note-paper and envelopes, which came to 2d.—she called me, gave me a coin, and said in the prisoner's hearing "Here is another man trying to pass bad coin"—I tried it with my teeth, and asked him if he had any more—he said "Yes," and emptied from his pockets two good half—crowns—I said "Where did you take this?"—he said "From a butcher's shop in Oxford Street"—I was going there with him, and when we got to Fanshaw Street he said "You go and fetch a policeman while I stay here"—I said "No, you will either come with me to the butcher's or to the station"—he ran away, and after a hard chase he got into a place which was no thoroughfare and was taken—I gave him in harge with the half-crown, which I had in my hand—this is it. Jane Ralph. I am a sister of the last witness—on 8th May, after 2 and before 3, I served the prisoner with a pennyworth' of note-paper and a pennyworth of envelopes—he gave me a half-crown—I said "This is another bad one"—he said "You may double it"—he said "I intend to;
this is not the first you have tried to pass here"—I doubled it in the tester and showed it to my brother—the prisoner then threw down a good one, saying "That is good."
Cross-examined. My brother said "Is this the man that passed the money previously?"—I said "No, I don't think it is"—I said "I cannot swear to your face, but by your general appearance you are the man"—you were taken on my description, and I picked you out.
JOHN CRAG . (Policeman G 247). I was called and saw the prisoner and prosecutor struggling in a crowd—the prosecutor told me the charge, and the prisoner said that he would go quietly—I found on him a good half-crown and florin and id. in bronze—Ralph handed me the half-crown—I was present when Miss Ralph identified him, and he was brought in by the gaoler, and he was standing with 16 men; she went forward. and touched him—four or five men similar to him in appearance were there—I went and got information from Mrs. Gill on Saturday, 8th May—she gave me a description, which corresponded with the prisoner—the two shops are in the same street.
The Prisoner's Statement before the Magistrate. "I did not want any of my friends to know I was locked up, and that is why I ran away, thinking I would rather be the loser of the half-crown."
He repeated the same statement in his defence, and received a good character.
GUILTY of the uttering on the 8th.— Six Months' Imprisonment
MESSRS. CRAUFUR. and LLOY. Prosecuted.
GEORGE WHARRA . On 20th March I was barman to Mr. Ellis, of the Red Cow, Deptford, and about 3 p.m. I served the prisoner with some ale and tobacco, which came to 2d.—he gave me a bad florin—Mr. Ellis asked him where he got it, he said from Waterloo Station—he gave me the 1d. for the beer, and gave me back the tobacco—Mr. Ellis gave him in custody.
Cross-examined by the Prisoner. You told Mr. Ellis and the Magistrate that you gave change for the florin to a gentleman whose boots you blacked at Waterloo Station.
THOMAS HENRY ELLI . I keep the Red Cow at Deptford—on 20th March I saw the prisoner in my bar, and my attention was called to a florin—I said "Where did you get this, old man, it is a bad one; have you any more like it?"—he said "I got it at Waterloo Station," but he did not say how—I said "I shall detain the coin, and very likely detain you;" he made several attempts to get away, but I put him in the tap-room and sent for a constable, to whom I gave the florin.
Prisoner. It is false, I did not try to get away.
WILLIAM RUG . (Policeman R 60). On 20th March, a little after 3 p.m I was called to the Red Cow and took the prisoner—I told him the charge—he said "All right, I will go with you"—I found no more coins on him—he said that he took the florin by mistake at the blacking box at Waterloo Station that morning—he was brought up at Greenwich Police-court three times, and then discharged.
Cross-examined. When I came in you were standing between the bar and the tap-room; you were in front of the bar.
St. Pancras—the prisoner came in with another man on a Sunday, he asked for a pint of beer, and placed a half-crown between the pulls of the beer engine, and the man with him said "Give me half an ounce of tobacco;" I did so, and then took up the half-crown and said "This is a bad one"—he said "That is good enough, I have just taken it"—I tested it and said "It is a bad one, and very bad, where did you get it?"—he said "At Waterloo Station"—I said "What are you doing in this neighbourhood!"—he said "We are out for a holiday," and asked his friend to pay, who said that he had only 2d., and gave me that for the beer and returned the tobacco—my husband sent for a constable.
MOSES WAR . I keep the Hope—on 20th April, about 6 p.m., I saw the prisoner in the bar with McCabe, who has been discharged—the prisoner asked my wife for a pint of beer and tendered a half-crown; I saw it between the beer engine; McCabe then asked for half an ounce of tobacco—my wife then said "This is a bad half-crown"—the prisoner said "This is a good one"—my wife marked it and asked him where he got it—he said "At Waterloo Station"—she gave it to me, and I gave them in custody—I have heard what my wife said, it is correct.
CHARLES DOIDG . (Policeman S 369). I took the prisoner and McCabe, and received this half-crown—the prisoner said "I was not aware it was bad," and gave his address Hercules Buildings, Westminster Bridge Road—they were both taken before a Magistrate, and McCabe was discharged on 6th May.
Cross-examined. You first gave your address as Hercules Buildings, afterwards at the station Suffolk Street, which was correct—McCabe gave his address at Hercules Buildings, which was not correct.
The Prisoner's Statement before the Magistrate. "I know where I took the half-crown. I cleaned two pairs of gentlemen's boots, and carried a portmanteau up to the railway, and on the road they gave me a glass or two of ale."
He repeated the same statement in his defence.
— GUILTY . He then
PLEADED GUILTY. to a conviction of felony in 1870.
— Eighteen Months' Imprisonment.
PLEADED GUILTY .
MESSRS. CRAUFUR. and LLOY. Prosecuted.
GEORGE ABBO . (Policeman E 435). On 13th March I was called to the Marquis of Granby, Castle Street, Oxford Street, and saw Neale in front of the bar—the landlady charged her with tendering a bad florin for a bottle of lemonade, and handed it to me—I marked it and have had it ever since—she said in Neale's presence that Neale said "I took it at a draper's shop in Oxford Street, let me have it back, here is 3d. to pay for the lemonade;" that she said "I shan't let you have it back, I will call my husband and he shall go with you to see if. it is correct;" that she went to the bar parlour to call her husband, and Neale ran out of the house and was brought back by a customer—Neale was remanded and discharged on 18th March. Eliza Jane Hoskins. I am assistant to Mr. Harris, a pork butcher, of King William Street, London Bridge—on a Saturday early in April I served Weedon with a twopenny pie—he gave me a bad florin, and I said to Mead, "This man has passed this florin," and tried it—he said, "I think
you have made a mistake"—I asked where he got it—he said that he had been in two public-houses—I gave the coin to a policeman but did not press the charge—he bent it and it broke in half.
ANDREW ROBERT MEA . I assist in Mr. Harris's shop—Hoskins gave me a bad florin, and I fetched a constable and gave him the florin—he broke it, but Weedon was not given in custody—he said that he got it at the King's Head, in Cannon Sreet—I said, "There is no King's Head in Cannon Street"—he then said that he did not know where he got it.
ELLEN ARNOL . I am barmaid at the Cleopatra, Philpot Lane, Citr—on 23rd April, about 6 p.m., Weedon and Neale came there and called for two glasses of ale, and Weedon, I believe, tendered a half-crown to Mia Linnett, who showed it to Mrs. Gate, and then brought it back and said to Weedon, "It is not good"—he said, "My bloke has just given me 10s., two half-crowns, three florins, and a shilling; I always notice if there is any bad coin going about, it falls into the hands of the working man"—it was very greasy and leady like.
SOPHIA STEWAR . I am assistant to Mr. Elliott, a hair-dresser, of 47, I Fenchurch Street—on 23rd April, about 6.30., I served Neale with a cake of brown Windsor soap, price 6d—she gave me a florin—I gave her 1s. 6d. change and she left—I put it in the till—it was the only one there—in a minute afterwards Davidson came in, and I doubled the florin, but it rang very well—this is it—I went to the station and Neale was charged.
MARTHA WEEDO . I am assistant to Mr. Elliott, a hair-dresser, of 120, Fenchurch Street—he also has a shop at No. 47, nearly opposite—Neale came in about 6.30 for a cake of soap; it was dusk—she gave me a florin—I put it in the till without examining it—there were two other florins there—I gave her 1s. 6d. change, and she left—about an hour afterwards Davidson came in, and in consequence of what he said I went to the till—I had not taken any other florin, only three sixpences—out of the three florins one was bad—I identified Neale at the station among seven other women.
SILK GIFFAR . I am a tobacconist of 4, Hart Street, Mark Lane—on 23rd April I served Neale with two Havannah cigars at 3d. each—she put down a half-crown—I looked at it and said "I think this is a bad one"—I showed it to a friend behind the counter, and we then came to the conclusion that it was good, and I took it and put it in the till—it had a dull colour, as if it had been placed in the fire—I do not know whether there were other half-crowns in the till, but there were none so dull—I picked Neale out at the station from others, and have no doubt of her—this (produced) is the envelope I gave her the two cigars in—my name is on it.
Cross-examined by Neale. I know you because your features struck me as so much like another person who comes into the shop—I allowed you to leave the shop because I thought it was good.
JOHN DAVIDSO . (City Detective). On 23rd April I was on duty in plain clothes in King William Street—about 6 o'clock I saw the three prisoners walking hurriedly—I followed them to the corner of Arthur Street, where
Weedon and Neale left Jackson, who stood looking in the direction in which they had gone—about five minutes afterwards Weedon joined Jackson at ¦the corner of Arthur Street and spoke to him—Jackson walked towards London Bridge, and appeared to be watching something on the other side of the way—Weedon remained at the corner of Arthur Street—Jackson came back to the corner of Arthur Street, and Neale joined them from King William Street—they all three walked down Arthur Street and Fish Street Hill and I lost sight of them for a moment—I met them coming up Fish Street Hill, and followed them into Philpot Lane, where Jackson stood ¦ apparently watching something on the opposite side of the way to the Cleopatra—I did not see Weedon and Neale at that time, but in a few minutes they came in a direction from the Cleopatra luncheon bar—they I crossed the street, joined Jackson, and all three walked along Fenchurch I Street, and stopped at the corner of Mincing Lane, where Neale gave Weedon a purse—Weedon took something from it and gave it to Jackson, who took something from his right trousers pocket and gave it to Neale—Weedon and Neale left Jackson, and Neale went into Mr. Elliott's shop, 47, Fenchurch Street—Weedon crossed the road and stood directly opposite the door—shortly afterwards Neale came out carrying something in her hand—when she came out Jackson nodded to Weedon, who crossed the road and joined her—I went into the hair-dresser's shop and spoke to Miss Stewart, who handed me this coin (produced)—I marked it at the station—when I came out of the shop the prisoners had disappeared—I saw Neale and Weedon 10 minutes afterwards standing at the corner of Marsh Lane—I got assistance, took them both, and told them they would be charged with a man not in custody with uttering base coin—Weedon said, "You have made a mistake"—Neale said nothing—I found on Weedon two tablets of soap bearing the name of "Brown, London," and one the name of "Whittaker and Grossmith, London"—Neale was searched by the female searcher, who handed me two cigars in this envelope, with Mr. Giffard's name on it, and a purse containing a florin and 2s. 3d.—I took Jackson next day by the Mansion House, and told him the charge—he said, "You have made a mistake, I am here to bail my brother out, who is coming up for an assault"—there was no such charge there that day—I took him to the station and found on him a cake of brown Windsor soap with the name scratched out, two linen collars, a pair of stockings, a good florin, 19 shillings, three sixpences, and 2d. in copper—he gave a false address—I received the florin and half-crown from Stewart and Giffard.
S. STEWAR. (Re-examined). These are the two cakes of soap I sold.
Jackson's Defence. I am innocent of what Weedon did.
Neale produced a written defence, stating that she did not know that the money was bad. She received a good character.—
GUILTY .—The Secretary to the St. Giles's Mission to Discharged Prisoners engaged to look after her, as she had threatened to commit suicide.
— Six Weeks' Imprisonment without Hard Labour.
JACKSON— GUILTY .
WEEDON and JACKSON— Twelve Months' Imprisonment each.
FOURTH COURT.—Tuesday, May 25th, 1880.
Before R. M. Kerr, Esq.
GILL— Eighteen Months' Imprisonment.
ALFRED and ALEXANDER SNOWLING— Twelve Months' Imprisonment each.
511. AUGUSTUS LAWRENCE otherwise AUGUSTUS LAWRENCE LEVY (21) to three indictments for stealing orders for payment of sums of money amounting to 101l. 10s. 8d.— [Pleaded guilty. See original trial image.] Judgment Respited.
515. GEORGE WALTERS (36) to feloniously breaking and entering a chapel at St. Pancras with intent to steal, also to a conviction in January, 1872.— [Pleaded guilty. See original trial image.] Five Years' Penal Servitude.
MR. DANIEL. Prosecuted; MR. A. B. KELL. Defended.
JOHN ATKIN . I am a wharfinger's clerk, and live at Wellington Road, Bow—on 28th April last I saw the prisoner in Fenchurch Street examining a case of wine in a very awkward manner in the fore part of a van—I was on the opposite side of the way—I saw him put it on his shoulder and walk towards the horse's head—I there lost sight of him—I called the carman's attention, and saw a boy run after the prisoner.
Cross-examined. I could not say whether the prisoner was drunk or sober—he let the box fall from his shoulder.
WILLIAM HENRY RUC . (City Policeman 816). I was in Fenchurch Street—I saw the prisoner take this case of wine off the back of a London, Chatham, and Dover van—when he got it on his shoulder he dropped it—he picked it up and went into Cullum Street—at the top of Cullum Street he fell down with the case—I caught hold of him and asked him what he was going to do with it—he said the carman had given it to him to carry—the carman came up and gave him into custody—he had been drinking—he was unsteady on his legs—he could run.
Cross-examined. I said at the police-court the prisoner was drunk—that was so.
BENJAMIN WEBSTE . I am a carman—I was in charge of this railway van in Fenchurch Street—Atkins spoke to me—I ran after the prisoner with the policeman down Cullum Street—he had this case on his shoulder—I gave him into custody.
Cross-examined. I said at the police-court I thought the prisoner was more drunk than sober—he had been drinking.
—He also PLEADED GUILTY. to a conviction of felony at this Court in April, 1874.— Five Years' Penal Servitude.
MR. ISAACSO. Prosecuted.
MATTHEW MONDA . I am employed by the Linoleum Company at Staines—the prisoner worked in the same room—in June of last year I quarrelled with him—he kept cheeking me and I was obliged to hit him—he hit me with a spanner—I took it from him and hit him again—he came across the shop and hit me with an iron bar—on the following morning I waited outside with the intention of striking him—at a quarter-past 8 I rushed to him—we both struggled together, and I found I was stabbed—I attacked him first.
NOT GUILTY .
MR. ISAACSO. Prosecuted.
WILLIAM THOR . I am a plumber, and live at the Green, New Ealing—on 20th April I was at work at Craven Gardens, Acton Road, Ealing—I left work about 5.30 p.m.—I left my tools in a temporary workshop at No. 10—it was a butler's pantry—I locked the door and put the key in my pocket—on the 21st I went to work at 6 p.m.—I found the doors forced open; two saws and a knife were missing—I saw them next at Ealing Police-station at 10 o'clock.
GEORGE CAPE . I am a labourer at Ealing—on the 20th I went back to the shop after leaving it, to see if the premises were all right—it was about 8 o'clock—I saw that the staple was off the door—on the 21st I found two saws under a hedge about 50 yards from the workshop—I took them to the police-station.
JOHN SHRIMPTO . (Policeman X 21). On 20th April I went to this workshed with Capel—I found the door broken open—a basket of tools was packed ready for removal—I afterwards searched the prisoner and found this knife (produced) in his left-hand trousers pocket—he said, in answer to the charge, "I took the knife, but know nothing about the saw."
Prisoner's Defence. I picked that knife up in the road opposite a new building.
NOT GUILTY .
MR. ISAACSO. Prosecuted.
GEORGE BONNET . I am a greengrocer at Acton—I had a pony and cart which I kept at the Orange Tree beershop—I missed it on 11th March, about 6.30 am.—I gave information at the police-station—I next saw it on 16th, about two miles this side of Uxbridge—Mr. Smith had it with his own pony—I recognised it as mine.
JAMES WILLIAM FARNHA . I am a coal-heaver at Uxbridge—on 11th of March, a little before 8 a.m., I saw a pony and cart, and the prisoner standing by it—it was a cream-coloured pony, and a green painted cart—the name had been scratched out, so that I could not see what letters had been there
—mud was rubbed into it—I have not the slightest doubt the prisoner is the man.
THOMAS TICKLIN . (Policeman X 65). On Thursday, 16th of March, I found a cream-coloured pony in a cart, grazing in a lane on the side of the railway—the cart was painted a dark green, with red wheels—I took possession of it and telegraphed to Uxbridge—I had previously received a descrip. tionof it.
NOT GUILTY .
MR. ISAACSO. Prosecuted.
WILLIAM WALLAC . I am a chimney-sweep at Ealing—on the 13th April I turned my mare out on the common with two other horses about 6 a.m—at 8 o'clock the boys went to fetch them home—the prisoner helped the boys catch the ponies—I next saw the mare at 4 p.m., and went to fetch her at 7 p.m.—she was not there—I next saw her the following Monday, and fetched her onted to put it in the saln Tuesday from Uxbridge—she was numbered as Lot 100 for sale—I know the prisoner by sight.
ROBERT BLOWER . I am a clerk to Mr. Norman, an auctioneer, at Uxbridge—on 15th April the prisoner brought a horse—he said it had been his father's, and he wae yard—the reserve price was to be 5l.—he had been to our office once previously—we made an entry in our books, and told him to take it down to the sale yard—he said it was already there, and that he had brought it with him—I had never seen the prisoner before.
EDWARD BERRINGE . I am 14 years of age—I live at the Little Wonder Public-house, Ealing—I am a porter at Mr. Norman's at Uxbridge—a market gardener—on 15th April the prisoner helped me and another lad catch two horses—I saw no more of him.
HENRY SPRINGAL . I am a porter at Mr. Norman's at Uxbridze—on 15th April I saw the prisoner in the yard—he brought the mare into the stable—I asked him if it was for sale—he said, "Yes"—I asked him whose it was—he said it was his mother's—I told him to go to the office and book it—he went.
Prisoner's Defence. When I helped the boys catch the ponies, I walked straight away through Ealing How could I take a pony when I have nothing but what I stand up in? I was walking from London, and going into the country. I never told the witness it belonged to my mother.
He also PLEADED GUILTY. to a previous conviction.—. Eighteen Months' Imprisonment.
MR. WILLE. Prosecuted; MR. EILLA. Defended.
SAMUEL GASKI . I am a reader, and live at 138, Blackfriars Road—on Sunday, 25th April, I was in the Strand, on the north side, and sow towards Temple Bar—I saw the prisoner standing under a lamp-post—he came roughly and closely to my person, and placed his hand on my watch-guard—he tore away my chain with an instrument or something—he ran up Burleigh Street—I followed him closely—he eluded me at the top of the street—I went to Bow Street and gave a description of him—I am certain the prisoner is the man.
Cross-examined. I was always certain—it was about 9 p.m.—I recognised him when he was running.
Re-examined. He turned round when I was pursuing him, and I noticed a dark mark half way down his cheek—there was plenty of light John Pitman (Policeman E). I received information from Gaskin—I took the prisoner into custody on the 3rd May, in the Tottenham Court Road—he was placed with others and identified by the prosecutor.
Cross-examined. When arrested, he said, "What is it about"—I said, "It is about a lady and her purse in Endell Street"—he said, "All right, I can stand to it," and went quietly with me.
NOT GUILTY .
ROBERT BLAC . I live at 20, Duke Street, Bloomsbury—I am a printer—on 17th April, about 11.20, I was in St. Giles's Street, Bloomsbury, going home—I had crossed Broad Street and was going into the Dials—the prisoner came against me with great violence—he put his hand in my waistcoat pocket—we struggled—he snatched the watch from the chain and ran away as fast as he could—I followed—there were two confederates—one of them said "What has this man done to you?" and without waiting for a reply threw me into a doorway—I attempted to follow again—I was not able to seize the other man—when I recovered I found my gold watch and part of my chain were gone—I went to the police-station and gave information and a description of the prisoner—I afterwards identified him from about 12 others at Bow Street—I have no doubt about him—there was a good light—he placed his face close to mine.
Cross-examined. I could recognise the other two men—in identifying the prisoner I used the hesitation of caution, because I might deprive a fellow-creature of his liberty—there was not a man like the prisoner—I am saying this with equal caution.
Crow-examined, There was another man like the prisoner—I knew him—I arrested the prisoner on the description of Mr. Gaskin, Mr. Black, and a lady.
Re-examined. About seven men were taken from the street—they were not identified.
GUILTY .**— Twelve Months' Imprisonment.
OLD COURT.—Wednesday, May 26th, 1880.
Before Baron Huddleston.
MR. LILLB. Prosecuted.
NOT GUILTY .
MR. A. B. KELL. Prosecuted.
May I was on duty in Great Russell Street, about 12 yards from No. 22 I saw the area grating rise up, and the prisoner jumped up from it and commenced running at a very rapid pace—he must have seen me—I gave chase, halloing "Stop thief!"—a gentleman took up the chase—we over took him—I said to him "You will have to come back with me to the house I saw you leave"—he said nothing till we got back to the house—I stood on the grating and looked down and saw smoke and flame in the basement—I said to the prisoner "You have set the premises on fire"—he said "I suppose it will be hot for me to-morrow morning"—I gave the alarm of fire—constables immediately came up and set to work and extinguished the fire—the prisoner seemed very excited—he was perfectly sober—I took him to the-station, and then returned to the house—I found two constables there, and a fire in the cellar.
GEORGE FELLOWE . (Policeman E 174). I was called to the house, 22, Great Russell Street, on the morning of 5th May by the last witness—I found the grating closed, but unfastened—I raised it and dropped down—the kitchen door was about two inches open—I looked in and saw wood and shavings lying on the floor in three different places—the place was full of smoke—there was a space between the first and second fires of about two yards' and half, and between the other two about a yard and a half—I observed papers and boxes about all over the kitchen—I closed the door and called for water, which was handed to me by another constable and the neighbours, and after about 10 or 12 minutes I succeeded in extinguishing the fire until the arrival of the fire brigade, and I left it in charge of them.
EDWIN CHAPPEL . (Police Inspector E). I was in charge of the police-station in Tottenham Court Road on the morning of the 5th May, when the prisoner was brought there—he had no hat or cap on—I searched him and found this cap in his pocket—I then went to the prosecutor's house and went down into the area—I there saw one of the firemen take this hat from some rubbish in the area—I took it to the station and said to the prisoner "This hat has been found where the fire is"—he said "It is mine"—I handed it to him, and he put it on—I said "How do you know it is yours"—he said "I know it by the lining "
WILLIAM HOWAR . I am a brushmaker and a maker of satin store decorations, of 22, Great Russell Street—the prisoner was in my employment for about two months up to the Saturday when he left of his own accord—this fire occurred on the Tuesday following his leaving on the previous Saturday—the front basement is used by me as a workshop—it contained dyes and cutting machines—I and my wife were at the premises up to 8.30 on the night of the fourth—we went through the premises from top to bottom and the last thing we turned off the gas, and it was perfectly safe—we left no light in the kitchen—the grating in the pavement was not left open as it was fastened with a ring and a long chain that goes through a staple underneath into the front vault, and there it was fastened with a cord twice over—it could not be opened from the outside without considerable force—it was fastened that night—there were shavings and cuttings in a bag and some about the floor.
JOHN HOWAR . I am a fireman in charge of the Holborn Station—I went to these premises about 25 minutes past 1 on the morning of the 5th—the fire was not out when I arrived—I found in the workshop a large bag of paper cuttings on fire at the back part of the front basement, used as
a workshop—I afterwards examined the place—the fire had no doubt broken out either in the bag of shavings, or close outside it by the bench—the fire was what I called darkened down when I got there—the constables had been putting 60 or 70 pails of water previous to my arriving.
The Prisoner's Statement before the Magistrate. "I was going down Great Russell Street about a quarter to 1; I saw the area of 22 wide open, and seeing a light there I went on my hands and knees and halloaed down; receiving no reply, and hearing a crackling of wood, I jumped down the area and pushed open the glass door. I saw a lot of shavings on the floor all alight. I jumped up again as fast as I could, and my hat fell off into the area. I jumped up into the area with the intention of running for a fire engine. I was stopped by a gentleman getting out of a cab, and Police Constable 45 came and charged me. I know nothing about how it came alight".
Prisoner's Defence. What I said in my statement is perfectly true—I was perfectly dumb at seeing the fire—I went down seeing the light; I was certainly unlawfully on the premises at the time, but I don't see why I should be found guilty of setting fire to it—the shavings might have been kindling there for hours, and there might have been a gust of wind did it—it is rather an awkward position to be placed in—the policeman was 150 yards from me when I came up: I did not see him—it was not him that caught me, but the gentleman—the policeman said the gentleman would have to come up in the morning, and what I said was "I dare say you will make up a nice case for me in the morning;" that was all I said.
GUILTY .— Seven years' Penal Servitude.
MR. CUNNINGHA. Prosecuted; MR. FULTO. Defended.
WILLIAM PAYN . I was potman at the Cock public-house, in the High Road, Kilburn, on 20th March—on that night the deceased Martin was in the house—between 10 and 11 the prisoner and a friend came in and called for a pot of four ale, they put down 2d. each, and a navvy who was with the deceased snatched the 2d. from the prisoner; the prisoner asked him for it, and he rushed at the prisoner, hit him and knocked him down, and tore his trousers—after the prisoner got up Martin caught hold of the prisoner and shook him, and hit him twice, and he said three or four times "If you touch the navvy I will knock your b—eye out"—the landlord came into the bar at the time he was making use of this language, and he got over the counter and put Martin and the navvy outside the house, and told me to stop at the door and not let them come in again—Martin fell on the pavement as he went out; I don't think he hit his head—as I was standing outside, I heard some of the persons who were standing round me say something about the man being knocked down; I did not see what took place outside—I saw the deceased lying down—he did not get back his 2d.
GEORGE FREDERICK CALVE . I am landlord of the Cock Taveru, Kilburn—on the night of 20th March my attention was called to the row and I turned out the deceased and the navvy who was with him—I don't think the deceased was drunk, he did not appear so—in putting him out he caught hold of the door, and when I disengaged his hands he fell down on his behind on the stones—I distinctly noticed that his head did not strike the stones; I saw him get up again.
Cross-examined. I am positive his head did not strike the stones; he fell towards the kerb—there was a space between the kerb and the roadway—I turned Martin out for being disorderly and threatening to strike the prisoner.
WILLIAM SPERRIN . I am a labourer and live at 4, Rupert Road, Kilburn—I was in the Cock public-house between 10 and 11 on the night of 12th March, with the deceased and another man, having a drop of beet—the prisoner came in and was there a few minutes—he said he had twopena—I saw the deceased go up to him and shake him, and say if he hit his mate he would hit him—I did not see him strike the prisoner—the landlord came over the bar and put out the'deceased and the other man—I stopped in the house—I did not see what occurred outside—I saw the deceased fall at the I door and get up again—I did not see whether his head came against the stones.
ELLEN STREETER . I am the wife of Henry Streeter, painter and grainer, of 12, Victoria Place, Kilburn—I was standing ouside the Cock public-house on the night of 20th March, shortly before 11 o'clock, and saw the deceased turned out by the landlord, and saw him fall backwards just outside the door, on the pavement; he did not hit his head, he fell in a sitting position—he got up and stood opposite the public-house—the prisoner went up to him and hit him with his fist and said, "You old b——, take that," and the deceased fell on his head—I saw him on his back, and blood coming from the back of his head—the prisoner looked at him and then ran away.
Cross-examined. I had gone for my supper beer; I met a friend and was speaking to her—I was about 4 feet from the deceased when he was turned out—I can pledge my oath that he did not strike his head against the pavement; he did strike his head against the stones when he was struck by the prisoner; he was left there.
GEORGE WILLIAM COP . I am a decorator, of 174, Carlton Road—I was standing outside the Cock and saw the prisoner strike the deceased; he fell, the prisoner ran away, I went after him, a constable came up, and he was captured.
HENRY CLEAR . (Policeman X 329). I was coming past the Cock and saw a crowd, and the deceased lying on his back bleeding from the nose and back of his head—I sent for a doctor and he was removed to the hospital—his wound was dressed, and I then took him back to the station, where he was charged with being drunk—he was subsequently discharged.
RICHARD GWILLI . I am house surgeon at St. Mary's Hospital—I attended to the deceased there on the night of the 20th March—I found a scalp wound at the back of the head, about an inch long, rather to the left side; he did not appear to be seriously injured; he was conscious; he gave his name and address—I dressed his wound, and he went away with the constable—his nose had been bleeding, and his upper lip was slightly puffed and swollen—he was admitted to the hospital on the following Wednesday, four days afterwards—he remained till his death, on the 23rd April—I made a post-mortem examination—I found a fracture of the skull on the left side, just below where the wound was—there was no injury to the brain on that side, but on the under surface of the brain, on the right side, there was a laceration of the brain-substance—the fracture might have been caused
by a fall on stones—he died from exhaustion consequent upon the injury to the brain—that injury was causod by the blow on the head.
NOT GUILTY .
NEW COURT.—Wednesday, May 26th, 1880.
Before Mr. Recorder.
The Prisoner declined to speak or to plead, and a plea of not guilty was entered on his behalf by the Court.
MR. MONTAGU WILLIAM. Prosecuted. JEAN BAPTISTE MARTINOL . I live at 35, Brewer Street—on 21st April, about 10.30 a.m., the prisoner came into my house and said "I must kill you," and struck me on the head with a little instrument, knocked me down, and' ran away with my chain, seals, and locket—I put my hand on my watch, the chain broke, and he did not get it—I knew him before; he came to me for assistance three months before, and I allowed him to stay in my house out of charity—I have seen him five or six times, and I believe him to be sane—he told me that he was perfectly sane, but that he was quite capable of feigning insanity.
GEORGE GREENHA . (Chief Inspector). On 25th April, about 2.45 p.m., I went to 105, Long Acre and saw the prisoner—he recognised me and said "Mr. Greenham, how do you do? you want me"—I said "Yes, I shall take you in charge for assaulting Dr. Martinoli and stealing his chain, and seals, and keys"—he said "I had a perfect right to them, because he owed ine money"—I took him in custody.; we walked out of the public-house together, and when we got into I he'street he ran away—I ran after him; he was stopped—I took him to the station, and found three keys, a seal, and a locket, which Dr. Martinoli identifies—I knew him before, having had him in custody several times—he appeared to understand me, and perfectly sensible.
LILY HA . I live with Dr. Martinoli—on 21st April, when the prisoner came in in the morning, I noticed that he looked strange and asked him where he had been—I told the doctor that he was downstairs, and he told me to say that if he did not go out with kindness he would go with force—he walked about and said "I will strike him dead," but he was not in his senses; I mean he was not sober.
JOHN ROWLAND GIBSO . I am surgeon to Her Majesty's Gaol of New-gate, and have been so 25 years—I have had a very large experience in cases of insanity—on 12th May my attention was called to the prisoner in Newgate, specially to understand the state of his mind—he would sometimes converse and sometimes not—I am of opinion that he is acting, that his conduct is assumed, that it is not real—he seemed to understand, but he did not answer or talk in a silly way—he conformed to the rules of the gaol—I have had a great many cases of persons feigning insanity, it is one of my greatest troubles.
By the COUR. I cannot say that he is sane, but his conduct is not that of an insane man.
DR. SHEPHER., MD. The prisoner was confined in Colney Hatch, and was under my care there—he escaped twice; he came there from one of
the prisons, I think—he was insane while under my care—I saw him a the police-court on 11th May, and am of opinion that he is insane still—I do not think he knows the nature of the act he is committing.
WILLIAM CARPENTE ., M.D. I have known the prisoner since he was detained in the House of Detention—I am the surgeon there, and had him 16 days under my observation while he was charged with this offence—I saw him from day to day, and I think he is decidedly insane—I have known persons who feigned insanity, but he carried it on during the whole time he was in the prison; his manner and demeanour lead me to the conclusion that he is insane—I think ho knew what he was about when he took the man's watch and chain and struck him; I do not think he was so insane as not to know the nature and quality of the act, but he is under hallucinations; he said that he saw figures at the window, and jumped up—I got the warder to watch him through a little hole, and he was always at that work.
SIDNEY ROBERT SMIT . I am Governor of Newgate, and was Assistant Governor for a number of years—I have have had great experience as to the state of prisoners' minds; I have watched the prisoner with a view of forming an opinion as to the state of his mind—he has been under my care since 12th May, and I have seen him daily, and my impression is that he it sane, and knows perfectly well what he is about—I think he is acting.
NOT GUILTY. on the ground of insanity.— To be detained during Her Majesty's pleasure.
THIRD COURT.—Wednesday, May 26th, 1880.
Before Mr. Common Serjeant.
MESSRS. POLAND, GRAI., and RAVE. Prosecuted; MESSRS. BESLE. and MORIC. defended Foghill; and MR. PURCEL. defended Hudson.
EDWARD EFFINGHAM LAWRENC . I am a stockbroker, of 3, Craven Street, Strand—my chambers are on the third floor; two rooms—I shall have been there 14 years in August—I had two portmanteaus in the office, one was full of my property, linen and wearing apparel, the other was empty—the door was locked—the key was usually kept in my room on the mantelpiece—I was in the room about three weeks previous to the 19th of March, and saw the portmanteau there, but did not open them—the contents were worth about 3l.—I also had some black boxes in the attic containing household linen to the value of 15l. or 20l.—on Friday, the 19th March, in consequence of what the housekeeper said to me, I went to the attic, about 7 p.m.; I found the two portmanteaus had been taken, away as well as a portion of the contents of one of the boxes, and the whole of the contents of the other—both boxes were burst open—the attic door was unlocked and opened—I also had a packing-case on the third-floor, on the landing outside my room—it contained cotta ornaments and other articles to the value of 20/.; that was gone—I saw it safe on the landing that morning; it had been there a Jong time—I had packed it myself—I left the house that morning about 10.30—I locked my rooms, and took the key, so that the key of the attic was locked my room—the housekeeper has also a key to my room—my total loss was
about 43l.—I know Foghill by sight as occupying a room on the second floor—the door of the house was open during the day.
Cross-examined by MR. MORIC. No one has a key to my rooms but the housekeeper and myself—the housekeeper came for me at my club, and I went immediately—the door had been opened by a key in the ordinary way.
LOUISA WRIGH . I am housekeeper at No. 3, Craven Street, Strand—I-am the wife of John Wright—Foghill occupied two rooms on the second floor for about five months—he was a general merchant—Mr. Lawrence had rooms on the third floor, also property locked up in the attic—on 19th March I saw the packing-case on the third-floor lobby, about 3.45—it was in its usual place—I also saw the portmanteaus and the black boxes safe that afternoon—I went through the attic to shake some carpets—I took the key from Mr. Lawrence's room—I locked the door of the attic, and took the key back—I first missed the case from the landing about 5.30—in the meantime I had been down in the basement doing my work—my own rooms are downstairs—I noticed that a carpet broom which I had left on the stairs above Mr. Lawrence's room had been removed; I then tried the attic door, and found it unlocked; I went in; I missed the portmanteaus, and saw that the boxes had been forced open—I had not seen the prisoner that day—he came to his rooms at all hours—he had no usual hour—I went in his room as I came downstairs at 3.45—his letters were then on the table unopened, and as I had placed them in the morning—when I missed the things I again went into his room—one of the letters had gone—I saw a key hanging in the prisoner's room by the cupboard—I did not know whose key it was; I afterwards tried it to the attic door; it would lock and! unlock it—the attic was not occupied—I had an empty box in it—I had seen the key hanging in the prisoner's room nearly as long as he had been there—I had not delivered it to him—I cannot explain how the things were taken away—I could hear in my rooms downstairs, people going up and down—I assumed they were going to the offices—the case was about 1 1/2 feet by 1 foot in size—I do not think one person could carry it.
Cross-examined by MR. PURCEL. I was not out of the house at all—I looked at the time—I said at the police-court I saw the things at 4 o'clock—I mean from 3.45 up to 4 o'clock; I can pledge myself to the time, because at 3.45 I had two flights of stairs to clean, and I was on the stairs till 4 o'clock—no one passed me when I was on the stairs—it was 4 o'clock when I was down in the kitchen—I saw them safe before I began to clean the stairs—I had seen a japanned deed box in Foghill's room on the Thursday, and I think on the Friday—it was not there on Saturday.
EVA CHAMBERLAI . I live at 43, Craven Street, Strand—I am employed there—it is nearly opposite No. 3—on the afternoon of Friday the 19th March, I was looking out of the third-floor window at 4.45; I saw a pony and trap at No. 3, a man was sitting in it—I then saw Foghill, with the assistance of Hudson, bring out a packing-case; it was put into the trap, and the man in the trap drove away at a walking pace towards the Embankment—I have seen Foghill go in at No. 3—I am sure he was one of the men—the prisoners were dressed in the ordinary way—Foghill walked in an opposite direction to what the trap was going—Hudson seemed to be getting into the trap, but I could not say he got it—I know what a deed-box is—it was not a deed-box—I could see that the packing-case must be resting on something in the trap, but what it was I do not know—I called it a red horse; the trap was polished, not painted—it was a small trap, a kind of dog trap—the case was
put in at the back—when I went out in the evening I had some conversation with Mrs. Wright—I next saw Foghill on Saturday the 20th at Bow Street; I saw Hudson the same Saturday evening at Bow Street, about 9 o'clock—he was placed with others—I did not recognise him—it was a very bad light—when I afterwards saw him in the charge room I said I thought he was the man—I saw him again on Good Friday at Bow Street at 1 o'clock in the day—I recognised him then as the man I had described—I must say I have a slight doubt, but to the best of my belief he is the man.
Cross-examined by MR. PURCEL. The trap was in my sight about three minutes—the box I saw removed was a dirty white deal box—I had never been into the offices at No. 3—I did not say, "There is no man among then I know," nor words to that effect—I said, pointing to Hudson, "This is the man who resembles the man that assisted Foghill more than any man, but I cannot swear to him"—the positions of the men were altered, and thet were ordered to take off their hats, but I was still in doubt—Hudson was discharged—I was more positive when I saw him on the Good Friday-Fuller and a messenger identified him; I do not know the messenger's name—I had not seen Hudson before he assisted Foghill—I only saw one box brought out.
HENRY FULLE . I am a licensed messenger—I live at No. 3, Clare Court—on Friday, 19th March, I was in Craven Street, Strand, between 5.30 and 6 p.m.—I was close against the vehicle—it was a sort of chaise or dogcart—it was opposite No. 3; I saw it drive up—three people were in it—I next saw Foghill go into the house and bring out two portmanteaus—one of the men went with him, and one remained in the trap—the man also helped him out with a packing-case—Foghill put the portmanteaus in the trap-some one helped Foghill put the packing-case in the trap—Foghill threw the portmanteaus over the side—the packing-case was put in at the tail—pony was in the dog-cart—it drove off—Foghill and another man was in it—I only recognised Foghill—I do not know which way the man went who remained—when they came I thought I heard the clock strike half-past fire—I knew Foghill by sight from his going into No. 3—I had seen him do so several times—I have no doubt he is the man—I did not recognise Hudson—I heard of the loss the same night—I saw Foghill the next morning at the police-station.
Cross-examined by MR. PURCEL. There was no other messenger in the street—William Gates was there—if I said the trap drove up at 4.451 might have made a mistake; I would not pledge myself as to the time—I picked out an old man very dark and grey, for Hudson—Gates was at the station; he picked out another man—all the while Hudson was unrecognised—Gates was not called at the police-court—one of the men picked out was a policeman—Hudson was very indignant at the charge; he would not go away they had to turn him out of the station—the vehicle went towards the Strand—I had not been drinking that day.
BENJAMIN FORDHA . (Detective E). On Saturday, 20th March, I went to No. 3, Craven Street, between 10 and 11 a.m—on the second floor I saw Foghill in his office—I said, "Is your name Foghill?"—he said "Yes"—I said, "Were you here yesterday afternoon 1"—he said "Yes"—that would be on Friday—he said, "I was here with my friend, a gentleman named Hudson; why do you ask these questions?"—I said, "I am a detective sergeant; I shall apprehend you for stealing two portmanteaus and a box
I belonging to Mr. Lawrence, on the third floor"—he said, "I took a deed box I away from here yesterday afternoon; I do not know anything about any I portmanteaus or any other boxes"—he asked me what sort of a box it was I that was taken—I said, "It was a largish one I believe"—he said, "It was only a small deed box; I took it round to my solicitor in Long Acre, and then I went to Brixton"—I took him to the station—a key was produced I in Court which Mrs. "Wright found in his room in my presence—we went up to the third floor, and she unlocked the door with it—this was after the prisoner was taken into custody—the boxes in the room were disturbed and empty; they had been forced open—at the station the prisoner was placed with seven or eight others and identified—I found upon him pawn-tickets for a diamond ring and other articles, but nothing relating to Mr. Lawrence—I apprehended Hudson the same evening at No. 6, Grosvenor Park, Camberwell—I said, "Is your name Henry Hudson?"—he said, "Yes, what is it you want?"—I said, "Were you with a man named Foghill at No. 3, Craven Street, Strand, yesterday afternoon?"—he said, "Yes, I was there about 5 o'clock"—I said, "Are you sure about the time?"—he said, "Yes, I am sure it was about 5; Foghill met me in the Kennington Road with his trap; he asked me to go for a ride with him to his office to get some letters"—I said, "I shall take you into custody for being concerned with Foghill in stealing two portmanteaus and a box from No. 3, Craven Street, Strand, the property of Captain Lawrence n—he said, "We took no boxes from there, only a deed-box and some letters; we went to Long Acre to my solicitor and left the box, and then went over to the Beresford Arms, Camberwell"—I took him to Bow Street—he was put with others and seen by Chamberlain—she was not sure about the man, but said he looked more like the man than any of the others—he was told he might go—I again apprehended him on the 26th in Camberwell Road near where he lived—I charged him—he said, "I cannot understand why I should be taken twice; I know nothing about the box; the only box I took away was a deed-box; from what I can remember it was not as late as 5 o'clock when I was there—the other day, it was earlier, it could not have been above 4s.—I took him to Bow Street—he was placed with seven or eight others, and identified by Chamberlain; she had no doubt that time.
Cross-examined by MR. PURCEL. I mentioned at the police-court that Hudson said he was quite sure it was 5 o'clock—when Hudson was told to go he created a little disturbance—he was the worse for drink when I took him—he asked me for Captain Lawrence's name and address—he said he would make somebody answer for it—Grates picked out another man, but it was not a policeman—Fuller did not pick out a fat, dark, grey man—I do not know what he has said here—Chamberlain was sure Hudson was the man when she saw him on Good Friday—she saw him in the dock and before that—I have made inquiries about Hudson; he has always borne a good character—he asked me to go and see the trap—I saw the trap some days afterwards; he said it was the one he had out on that day—Hudson said he had been fighting an action in the County Court on that day, and he met Foghill in a trap, who took him for a drive.
Cross-examined by MR. BESLY. I did not make a note of my conversation with Foghill—he mentioned Hudson as his friend—the trap I saw had a dark-blue body—there is no room in it for three boxes—I did not see the colour of the horse—I do not know whether Hudson sent a written statement to the Treasury.
Re-examined. I saw the trap with a blue body about 10 days afterwaiii—Mr. Watson is a friend of Hudson's.
Witnesses for Foghill.
ALEXANDER WATSO . I am a licensed victualler at the Beresford Annj, Beresford Street, Camberwell—I have carried on business there for three and a half years—I have a two-stall stable—I have known Foghill a year or 18 months—he has used a horse and trap about that time—this horse and trap were mine—I bought it of Mr. Foghill's friend, Mr. Mercer—the pony was a dark bay with black points, about 13 hands—the trap was a small dog-cart with no back seat and two wheels—it was painted a nan blue with a yellow stripe—I showed it to Fordham—Foghill had no other trap or horse on 19th March—I had lent it to him once or twice before—lie drove from my stable with it—it would not hold a champagne case—lie came back about 6 or 7 p.m. with Hudson—I have a subpoena from Bow Street—Fordham served me—I said I did not want to mix myself with police-court business.
Cross-examined by MR. POLAN. The yellow stripes were on the wheel*, and very small—I should describe it as a village cart—I bought it some time in February—I said before the Magistrate I forgot the date Foghill borrowed the trap; I fix it now because I remember it was the day before the boat race; I did not think of that before the Magistrate—I took the cart to Bow Street—Foghill is my friend—Hudson lives in Grosvenor Park—I forget when Fordham came.
Re-examined. The lines were about an eighth of an inch on the wheels—I have not charged Foghill for the cart—it is my weakness to be generous—I heard of Foghill's arrest on the Saturday following.
JOHN CHARLES COL . I am a commercial traveller, and live at Brixton—I was in Foghill's service in November and December of last year—I was present when the key was picked up in Craven Street, Strand, by a lady—it was given to me or another gentleman to see if it belonged to anybody in the place—Foghill was not present when it was picked up—I took it to the office and put it on the mantelpiece—it was there all the time I was—it was an ordinary key; I cannot swear to it—it was not rusty—it was taken up once or twice in mistake, but did not fit any door in our office.
Cross-examined by MR. POLAN. Mr. Goodall was with me when the key was picked up—the lady handed it to him—I have no idea what she said—I saw Mrs. Wright the next day, I believe—I did not take it back to the office till the next morning—I asked Mrs. Wright if it belonged to anybody in the house—I did not notice her answer—I told Foghill the circumstances—I do not recollect what he said—I heard Foghill was in custody—I was subpœnaed at Bow Street, but not called.
Re-examined. The Magistrate said he would commit Foghill, and Mr. Besley said that he would not take up any time.
Witness in Reply.
LOUISA WRIGH . (Re-examined). I knew Mr. Cole, who has been examined—he never showed me a key, nor said he had found one in the street—I never heard of it—there was only one key to this attic and that was in Mr. Lawrence's room—the key was on the mantelpiece first and then hung up afterwards.
Cross-examined by. MR. BESLE. I did not say the key was hung up in the cupboard—it was by the cupboard.
MR. BESLE. (for Foghill) desired that he might be allowed to give an I explanation of the matter, and in support of such a course referred to a decision of Mr. Justice Hawkins in Carrington v. Payne. Mr. Poland contended it was against the practice of the Court to allow a prisoner to make a statement when he was defended by Counsel The Court, after consulting Baron Huddleston and the Recorder, ruled to admit Foghill's statement, but stated it ought not to he taken as a precedent.
Foghill then said that he was innocent of the robbery; that he borrowed the trap, which he had previously sold to Mercer; that he met his friend Hudson, who went with him to hie office, where they stayed only about five minutes; that Hudson assisted him to take away his deed box with papers which he wished to take to his solicitor, and that he made other calls; that the key was picked up by Cole, his clerk, or his friend Mr. Waller, and although in the morning he was told of it he paid no attention and it was hung in his room for some time; the housekeeper acknowledged she had seen it hanging there.
HUDSO. received a good character— NOT GUILTY .
FOGHIL.— GUILTY .— Twelve Months' Imprisonment.
OLD COURT.—Thursday, May 27th, 1880.
Before Mr. Justice Bowen.
MESSRS. POLAN. and MONTAGU WILLIAM. Prosecuted; SIR. HARDING. S. GIFFAR., with MESSRS. BESLE. and F. H. LEWIS., Defended,
NOT GUILTY .—The particulars of this case were unfit for publication.— There was another indictment against the prisoner for unlawfully attempting to administer, upon which no evidence was offered.
NEW COURT.—Thursday, May 27th, 1880.
Before Mr. Recorder.
532. CHARLES PERCIVAL NOTTLE (18) to breaking and entering the dwelling-house of John Hawkins, and stealing a coat and other articles; also to stealing a coat, the property of Richard Antony Nottle.— [Pleaded guilty. See original trial image.] Eighteen Months' Imprisonment.
MESSRS. MONTAGU WILLIAM. and Mead Prosecuted; Mr. Kemps, Q.C., Defended.
STEPHEN MINO . I am a clerk at the central office of the High Court of Justice—I produce certain papers in an action by the General Share Trust Company Limited, v. Keogh—the judgment summons is dated 9th January, 1879; it is returnable on 21st January—the debtor summons is dated 1st or 3rd December, 1879; I think it is the 1st, but the stamp has obliterated it—the stamp is the 1st—this is the affidavit. (This was
made by the prisoner, stating that he served the summons on Mr. Keogh personally on December 8th, in Pump Court, Temple.)—I see Mr. Justin Hawkins's initials here—he handed me a memorandum book for at custody.
RICHARD BLACKET JONE . I am a solicitor of 1, Lancaster Place, Strand—my father was Mr. Keogh's solicitor in the action referred to—I was present at Judges' Chambers on 23rd March, when the summons was heard by Justice Hawkins—it was taken out by the defendant to set aside the order of Mr. Justice Denman—previous to that affidavits had been filed on both sides—I heard Mr. Keogh examined and Mr. Saunders, his clerk, and Dr. Steele—the defendant was present, and both plaintiff and defendant were represented by Counsel—after those gentlemen had been examined, the prisoner was sworn—I saw the oath administered to him, and the Judge directed me to take notes of the evidence he gave—this is only a copy of my notes; the original was made on an affidavit which I had to file in Chancery—speaking from memory, the defendant swore over and over again that he served Mr. Keogh with the debtor summons on 8th December, 1879, in Pump Court, Temple—Mr. Keogh was pointed out, and His Lordship said, "Is that the gentleman you served on 8th December?"—he said that he was—His Lordship said, "Let there be no mistake, Mr. Keogh and the clerk and the doctor have sworn that he was ill at home on that day, are they speaking untruly?"—he said, "They are speaking untruly"—the Judge said, "You an quite sure of that?"—he said, "I am of that opinion"—the Judge said, "No, no, are they speaking untruly?"—he said, "They are speaking untruly, he is the gentleman I served on that day"—he also swore that he had seen him since that day in Castle Street; he thought on 27th December—he was asked, I believe, whether he knew him before, but I do not know whether he said he had seen him on 3rd November or not—a book was produced, which he admitted was his service-book, and he said that the second entry, "Keogh 10s., balance 11s.," referred to Mr. Keogh, and the entry was made within an hour of his serving him—the Judge told him that there were several other witnesses ready who could swear that he was away at another place at the time; he was asked in re-examination whether he saw Mr. Keogh's clerk, when he went to serve him, and he said that the clerk said he was not in, but did not say that he was ill.
RICHARD EDWARD KEOG . I am a barrister of the Middle Temple, and have chambers at 6, Pump Court, Temple, into which I moved from King's Bench Walk on 25th March this year—in May, 1878, I was indebted to the General Share Trust Company, Limited, about 100l.—judgment was signed against me, and I had to pay the debt by instalments—on 3rd November I was arrested by an officer of the Sheriff of Middlesex for the non payment of some of those instalments, as I came out of a luncheon bar in Devereux Court—Mr. Coleman, the solicitor to the General Share Trust Company, pointed me out to the officer—I afterwards knew that I saw the
prisoner; he was standing with Mr. Coleman, who was smoking a pipe, but I did not know who he was—at the time of my arrest I was not aware that the order of committal of 21st January, 1879, had been made—I was never served with any document by the prisoner—I paid the money and was released from custody—it is absolutely false that I was served personally on 8th December, 1879, with a copy of this judgment summons—I was not in the Temple at all on that day, I was in bed at my private residence, 9, West Kensington Gardens, having broken my left thigh—I first got out of bed on 1st January, six weeks and two days after the accident, and I was confined to the house till 31st January—Dr. Trevor set my leg, and Dr. Steele attended me—my clerk came to see me on the morning my leg was set, and I was in a very dangerous condition—I first heard of the judgment summons of 1st December some time in January—I think Mr. Coleman wrote—I knew I had not been served in a former instance, and then, knowing that I had not been served again, I suspected some foul play, and gave directions to my solicitor, and a summons was taken out before Justice Hawkins to set aside Mr. Justice Denman's order—that was heard on 23rd March, and I gave evidence, and Dr. Steele and my clerk—I have heard Sir. Jones's statement; it is substantially correct—I have been upwards of 20 years at the bar, and am perfectly well known in the Temple.
Crow-examined. This paper (produced) is my clerk's writing—having read it, I still say that I never was served with any document by the prisoner, nor was I served with the judgment summons on which I was subsequently arrested—I was served with a judgment summons by Mr. Coleman himself, and I arranged to go before one of the Masters—I asked him to adjourn it for a week, and then he took out an attachment in the Queen's Bench, and I attended and explained how absurd it was—I was arrested afterwards, and I paid the money—I am an Irish gentleman, whether I am the brother of the very eminent Irish Judge has nothing to do with this—none of my relatives are engaged in mercantile pursuits—I have not a brother in the wool trade—I never had any relation in trade—one brother is a Magistrate, and another in the Army—one of them lives in this country—neither of them came over to visit me about Christmas—my brother, the Major, was in London about 8th December—he does not resemble me in the slightest—there are two races in the family, utterly unlike; one follows the father, and one the mother; I follow my mother—my brother has never had a letter directed to my chambers—I received a letter from Mr. Coleman dated 23rd December, but not at the time—my clerk did not deliver my letter then as I was very ill—when I got the letter I handed it to my solicitor—it was giving me notice that this order had been obtained—I do not say for a moment that I was not informed of the service of the 8th, that was what made me go about it—I am not in the least offended at your asking me if I am a brother of the Judge; you are a gentleman of such perfect culture that I cannot be offended with you.
GEORGE ROBERT STEE ., M.RC.S. I live at 1, Crevill Terrace, West Kensington Park—on Saturday, 15th November, 1879,1 was called to see Mr. Keogh in the street, and then went to his house—I found him suffering from an injury to the left hip joint—I was in daily attendance on him till the end of January, 1880—up to 31st December the limb was in splints, and he was confined to his bed up to that time—he was not able to leave the house till the last week in January, and then for carriage exercise only.
EMILY OWE . I am housemaid to Mr. Keogh, and have been for two years—I remember his being brought home on 15th November, having met with an accident—he kept to his bed, and was confined to the house till 31st January—I waited on him during the whole of that time.
MONTAGUE SAUNDER . I am clerk to Mr. Keogh, and was present when his thigh was set—he remained at home till 31st January—on 8th December I was at his chambers at Goldsmith Buildings—I know the defendant by sight perfectly well—I remember his coming and asking for Mr. Keogh after the accident—I told him that he was not in on the first occasion, and on the second that he had met with an accident, and would not be at business for the next two months—he left no document with me.
NOT GUILTY .
STAINES PLEADED GUILTY .
Mr. Tickell Prosecuted.
GEORGE HARRI . I am agent to the St. Pancras and Highgate branch of the Charity Organisation Society, 120, Highgate Road—Staines applied to them for assistance in April, and it was decided to grant him a loan of 3l. on the security of Adams, a shoemaker, of 152, Alcroft Road—the terms were 2s. a week for 20 weeks, and the other 1l. would be given him—Staines came on 6th May, between 11 and 12 o'clock, and said that Mr. Adams was coming—he waited, and went away and returned—in the mean-time the real Mr. Adams came with a Mr. Emmett, and made a communication to me, in consequence of which I communicated with the police—Staines came again about 6 o'clock with Mallard, and said, "This is Mr. Adams"—I asked Mallard if his name was Adams—he said, "Yes"—I asked him where he lived and he gave me this card, "A. Adams, practical boot and shoe maker,. 152, Alcroft Road"—I asked him if he was a householder—he said that he had held the house for two years, and paid 35/. a year for it—I asked his Christian name—he said, "John"—I asked him to sign this paper and he did so. (An I O U for 3l. on a printed form, to be repaid by instilments of 2s. a week; signed, John Adams, 125, Alcroft Road.) He put the 2 before the 5—I had taken the card away to another part of the room that he should not see it—I knew that he was not Adams, but I did not say so—I gave Staines the 3l.
ARTHUR ADAM . I am a shoemaker, of 152, Alcroft Road—Staines asked me to become security for 3l., to be advanced by the Society—I said that I would consider it—he asked me again, and I told him I would not—on 6th May Emmett made a communication to me, and I went with him to the Society's office and saw Mr. Harris—I gave Mallard no authority to sign my name—this is a genuine card of mine—there is, I believe, no Adams at 125, Alcroft Road.
Society's office, and saw the prisoners come in—I was in an adjoining room, and heard the conversation—after the money was given I went into the office and told them I should take them in custody—Mallard said, "You are not going to lock me up, are you I have just met this man in the road, and he offered me 5s. to come in and do what he told me; I did not think I there was anything wrong in the matter, or I would not have done it," I and that he was asked to give the name of Adams, 125, Alcroft Road.
Mallard?' Defence. I am very sorry for what I have done, but I was I brought into it innocently. I met Staines, who said "Do you want to earn 5s.?; here is a party who owes me 3l., and I want you to be a witness, or I can't get it" He put the card into my hand and said, "You sign your I name as Adams," and I did so.
MALLAR.— GUILTY. Recommended to mercy by the prosecutor and the I Jury, believing him to be the dupe of Staines ,— Five Days' Imprisonment.
STAINE.— Five Years' Penal Servitude.
MR. FILLA. Prosecuted.
WILLIAM GREENHIL . On 29th April, about midnight, I was in Euston Road, and saw the prisoner between two others, and there were two others behind them, who I fancied belonged to them—they came in front of me; two of them caught hold of my arms, and the prisoner said, "Well, old gentleman, how are you? we are old pals; I have not seen you a long time; how are you getting on?"—he tried to unbutton my coat and burst the buttons off, and they took me off my legs and tried to get at my pockets—I sung out "Police!" as hard as I could, but they put something across my mouth, and then threw me in the gutter on my back, and the prisoner jumped on me and fell with his knees right into my bowels and hurt me very badly—I could not work for five days—he tried to get at my pockets—I got my mouth free and called "Police!"—one of them said "Push, the bobbies are on you"—a policeman picked me up and two others ran after the prisoner and fetched him back—I said "I am glad you have brought him, he is the right one, he is the one who ill-used me the most"
JOHN GRIFFI . (Policeman E 478). I was in Judd Street, heard cries, ran into Euston Road, and saw Greenhill on the ground, and the prisoner on him with his knee on his chest and one hand on his collar—as soon as he saw me he ran away—I ran after him nearly to Somers Town, caught him, and brought him back—he said "What are you running after me for?"—I said "You know very well"—Greenfield said "That is the man." Prisoner's Defence. I am only six weeks out of the hospital; it is only a got-up case, and as to running away, I am utterly unable; I am hardly able to walkx.
GUILTY .— Six Months' Imprisonment.
MR. RAVE. Prosecuted; MR. FILLA. Defended. HELEN MARY DAVE. I live at 8, St. Augustine's Road—on 30th April 1 was with my mother in Endell Street, about 11.30 a.m., walking towards Long Acre, with a purse in my hand—two men were standing against a
wall; one came towards me and got hold of my purse; I held it as hard as I could, but he got it—the prisoner is the man—I called "Stop thief!' and was knocked down by another man who was behind me—the prisoner ran away—I got up and ran after him and spoke to a policeman, who told me to go to Bow Street, which I did—it was then 11.45—I went there again on the Tuesday and picked the prisoner out from 16 others—my purse contained a 5l. note, a stall ticket, and a grocery order—I was very much bruised, and my arm and shoulder were hurt.
Cross-examined. One or two of the 16 men were the same size as the prisoner; they were in different kinds of clothes—my mother did not go to identify him because she did not notice him.
ARTHUR CHARLES MIL . I live at 13, Betterton Street—I was going down Castle Street from Drury Lane with some grocery, and saw three men running very hard from Endell Street towards me; the prisoner is one of them—I have not the slightest doubt of him—Miss Davey and an elderly lady were running after him crying "Stop thief!"—I did not go to the station, my hands were too full.
Cross-examined. I recognise him by his height, his small features, and his high cheek-bones—he wore a lightish suit.
Re-examined. I cannot say that he was the actual thief, but he was one of those running away."
WILLIAM BOYL . (Detective). On 4th May I took the prisoner in bed in a common lodging-house in Seven Dials—I told him the charge; he made no reply—I placed him with thirteen others, and Miss Davey picked him out—he asked me at the police-court at what time the larceny took place—I said "Some time before 12 o'clock"—he said "I am very glad of that; I can prove where I was; I was in Berwick Street at the time, and from there I went to my mother's, and did not return to the lodging-house till Sunday night."
Cross-examined. Some of the men were taller than the prisoner—he is rather small, but there are lots of men his height—the prosecutrix described him as a young man of 20, fair, very short, thick-set and bull-headed, and wearing a light-coloured suit.
GUILTY .*— Twelve Months' Imprisonment.
MR. RAVE. Prosecuted.
ROBERT COLLINGHA . I keep the Clarendon Wine and Spirit Stores, Pimlico—on Sunday morning, 2nd May, some work was being done, and there was a ladder with a plank on it outside the house—I went to bed about 1 a.m.—the room where the entry was made was safe at 11.50, bat merely closed—my servant made a communication to me in the morning—I went into the front sitting-room and missed a biscuit box and some spoons and forks, and other articles, value 30l
WILLIAM MORLE . (Policeman B 143). I was on duty about 5 a.m., and saw the prisoner about five minutes' walk from the Clarendon, crossing the road with a bundle on his shoulder—I stopped him and said, "What hare you there?"—he said "What has that to do with you?"—I took him in custody and found that the bundle contained plate—he said, "A man met me and asked me to carry the bundle; I do not know what it contained"—at the station he said, "A tall man met me, and asked me to carry the bundle to Pimlico Pier," which I find is opposite where the prisoner lives.
COLIN CHISHOL . (Police Inspector B). I asked the prisoner at the station how he accounted for the possession of the property—he said that a Call dark man gave it to him to carry, and he was a stranger—I knew the prisoner, and went to his lodging and searched, and in passing the Clarendon I saw the ladder, and two black marks on the balcony—I communicated with the landlord, as the window of the front room opening into the balcony was open—I saw marks of fingers on the paint.
The Prisoner's Statement before the Magistrate was that the bundle was given to him at the corner of Hugh Street to carry to Pimlico Pier. He repeated the same statement in his defence.
— GUILTY .
He also PLEADED GUILTY.** to a previous conviction in 1877, having then been previously convicted."— Twelve Months' Imprisonment.
MR. MONTAGU WILLIAM . Prosecuted. WILLIAM ROS. (Policeman G 272). On 20th May I was in Ray Street, Clerkenwell—I saw the prisoner and another boy on some ruins, throwing stones on the railway—I saw the smoke—the prisoner threw a stone at the train, and I took him in custody—the other one jumped over a hoarding seven feet high and got away.
WILLIAM DAVE . I am station-master of Farringdon Street station—on 20th May, when a train had passed Ray Street bridge, I received a complaint from an engine-driver, and 10 minutes afterwards I saw the prisoner in custody.
GUILTY.— Judgment Respited.
MR. DR MICHLL. Prosecuted.
WILLIAM GOODGAM . (Police Sergeant Y 21). On 20th May, at a quarter to 1 a.m., I was on duty in North Street, Pentonville, and saw a woman lying on the ground—the prisoner was kneeling on her, and two men were leaning over her—I stopped the prisoner within a few yards and said, "What is the matter?"—he said "Nothing"—I took him back, and the woman said, "He is the man who knocked me down and took 2s. id. out of my pocket, and gave it to the other men, who ran away"—she had been drinking but she was not drunk—the prisoner begged her not to charge him at the station—she made no reply.
Cross-examined by the Prisoner. You were not 50 yards from her, not more than 20—no one else was in the street.
ANNIE HOLLET . My husband is a clerk—we live at 62, Gee Street, Goswell Road—I was going home by myself about a quarter to 1 o'clock, and met the prisoner and another man—the prisoner caught hold of me and threw me on the kerb-stone and knelt on me—I called Police," and he punched me on my side—he said to the other man, "The best thing you can do is to get out of it now"—I missed 2s. id. from my pocket—I saw the prisoner taken, and had not lost sight of him from the time he knelt on me—my back was hurt.
The Prisoner's Statement before the Magistrate. "I was not near the
woman; I was going home quietly when the constable caught hold of me."
He also PLEADED GUILTY.†to a conviction in1879.— Twelve Months' Imprisonment.
THIRD COURT.—Thursday and Friday, May 27th, and 28th, 1880.
Before Mr. Commom Serjeant.
541. ALFRED CHARLES UNDERHILL (28) PLEADED GUILTY . to embezzling six sums amounting to 14l. 1s. 5d., the property of Samuel Barnett and others his masters, to forging the endorsements on four order for suras amounting to 67l. 16s. 3d., and to making false entries in his said masters' books.— Five Years' Penal Servitude. And
542. FREDERICK TONGE (17) to breaking and entering the dwelling-house of William John Snell and stealing two tobacco pipes, a cigar-holder, and other goods, his property.— [Pleaded guilty. See original trial image.] Twelve Months' Imprisonment.
MR. MORIC. Prosecuted.
MAXIMILIAN ULLMA . I am an oyster merchant, of 48, Cannon Street—the prisoner first came to my place in Craven Road, Paddington, where I have a private hotel, about five months ago—he stayed three months and ran up a bill—he used to read a good deal—he said he was a medical student—I could not get my money—after repeated promises to pay me, he volunteered to keep my books—I objected, but after two or three weeks' pressing him for payment I consented—his duties were to go to Cannon Street and keep my books there, and as each shop delivered the books to him to balance the accounts and show me the books—I paid him 5s. or whatever he asked me for, he would not take a regular salary—I went rouud every night to my shops to see the takings—on Friday, the 27th of February, I found in the till at Caunon Street 24l. 0s. 101/2 d.—I put it in a little canvas bag and tied it up, put it in the till bowl, looked the drawer and gave the key to Charles Carlton, my cashier, who has the superintendence of my general business there—on Saturday, the 28th, at a quarter to 12 p.m., I found the drawer was open and empty—I sent one of my assistants for a detective and afterwards went to the station myself and gave information—I next saw the prisoner in custody—it was no part of his duty to touch the money—Carlton kept the money—he had the key of the till drawer.
Cross-examined by the Prisoner. I engaged you as a servant—I employed you about two months—your services were to be in payment of your board and lodging—I charged you 251. for the time previous to the two months—I said I marked the envelopes—there were five—it is impossible to tell you the amounts—I have not my books here—you did not ask me for them at the Guildhall—they show the takings—the five nights were 14l. 0s. 10 1/2 d.—I added 10l., and tied up the canvas bag—the five envelopes were also in the bag—my shops are at 4, London Street, Fen-church Street; 48, Cannon Street; 45, Charing Cross; 269, Edgware Road; 5, Craven Road, Paddington, and my wholesale place—it was not your duty to go to those shops—the books were handed to you, unless I
was too busy, when I would send you on—I have said it was your duty to see to the stock—I was not strict as to your hours, but you came about 9 a.m. and was not done before 10 p.m., or something like that—I have not said you kept your time well—you were supposed not to leave Cannon Street; I mean that was the understanding—I found out the drawer was insecure and could be drawn out and put back again when you were in the counting-house, but not by a customer—it rarely happened when only Carlton was in the shop—I have not found it so—I never found him serving a lot of customers alone—I have not forbidden Carlton's brother the shop—you had no need to leave the shop, there was a gas stove and you could send out for anything and cook it, and you had your dinner at my house—you asked for money—you entered trifling things on a slip of paper—the amount would be entered in the petty cash book eventually, but it would not say what it was. for—you have drawn 3/. in one week and borrowed 30s. of my brother—your name was entered in the cash book—I kept proper books before you came, how could I carry on my business without?—I did not carry my books about, but I kept a private check, which I referred to as I went along, on the quiet—you used to keep me up till 2 o'clock or from 10 o'clock on Sunday night till 3 o'clock on Monday morning going through the books with you—I never made any arrangement to pay you 2l. a week and you to pay for your lodging—I said, "What shall I pay you a week?" and you said, "I do not want anything, I can be reading my books; as long as you settle I will be satisfied"—that is, pay the expenses—you were reading nearly all the time—I met you in Craven Road on Saturday evening, about 7, by accident—I had been to Cannon Street—I was there on Saturday morning.
Re-examined. It was unusual to meet him in Craven Road at 7, and I expressed surprise—the prisoner asked for money when he wanted it—I have forbid nun several times going to the drawer.
CHARLES CARLTO . I live in St. James's Street, Piccadilly, and am employed by Mr. Ullman as manager of his shop in Cannon Street, of oysters and little shell fish—I had instructions to keep the money, and I kept it for one day and gave it to Mr. Ullman in the evening, generally from 11 to 12 p.m., when he came—on Friday, the 27th February, Mr. Ullman locked it up in the till drawer and gave the key to me—the prisoner came about 12 on the Saturday—he said "Will you count over the money to see if it tallies with the books for the week"—the money was done up in envelopes, and the amounts written on the outside—I opened the till—he copied the amounts from the outsides; they tallied in the takings for the five days—he went away—he could see into the till when I opened it, but he could not see the money—there were two bags, one with some cash in it and another with the envelopes.
MAXIMILIAN ULLMA . (Re-examined). There were two bags, one with the silver, and one with the envelopes; and the one with the envelopes I would drop on the top of the money in the large bag and tie it.
CHARLES CARLTO . (Continued). The prisoner went away and returned about 4 o'clook—he went into the desk and looked over the books again—he then went across the road in the direction of the tobacconist's—he came back and said to me and James Burge, who was with me, "If you take the pots of flowers over to the tobacconist you will get a cigar"—we
went over; we were away about two minutes—when we came back he was standing nearly at the door of the shop, near where he was standing when we went—the flowers were mine, some small rose-trees in pots, which I had promised to the tobacconist—he stayed a little while, then said "I am going to the other shop to get the books to make up for to-morrow"—the shop was No. 4, Fenchurch Street—instead of going in the direction of the shop he turned to the right, in the direction of South wark Bridge, and I saw him no more till I saw him at the Mansion House—I had the key of the till in my pocket—I had received orders to keep the money myself, and not to leave the shop on any account whatever.
Cross-examined. It was the rule to put the money in a bag each evening—you generally read the amounts, and I locked the drawer when it was done—I stood there while you read the envelopes—we were not busy that Saturday evening—we were present till Mr. Ullman came, except when the assistant went for an errand—he was away about 10 minutes—I do not remember the amounts on the envelopes—they came to a little over 14l. I helped the assistant to serve when necessary—the customers come near the drawer end of the shop, but they could not get at it without putting their arms round—Mr. Ullman has not forbidden my brother to come to the shop—my brother did not assist me—a friend came to see me—he occasionally would put bread and butter on the table and assist in that way—he was there on this Saturday night—I do not think I have mentioned that before—he would do anything to assist me if I asked him—I keep the cash in my apron—you have asked me for as much as 10s. in a week; that would be in small sums of 2s. or 3s., there might have been instances where it wag larger—I have not seen the petty cash book since you absconded—I did not fetch in your vegetables; you asked me once to fetch some cheese, but I did not go—I have not heard Mr. Ullman accuse any of his men of appropriating money—a man we called William charged me 1s. for steak, which I found came to 10d., and I charged him with that—you came to Cannon Street about a month—one week you stopped away for some reason I don't know; I think besides that you were there three weeks—you used to go out some portion of the day—you once or twice assisted in serving, but you principally lounged about and smoked your pipe—the assistant has sat at the desk, so have you; a customer would not—Mr. "Oilman's brother has—my sister never has—I do not remember my friend doing so.
Re-examined. A customer could not reach the drawer without patting his arm round—the desk is on the customer's side, but there is a partition to divide them from it.
JAMES BURG . I live at 24, Wellesley Street, Euston Square—I am assistant to Mr. Ullman—on the 28th February, about 12, the prisoner came and counted over the money with Carlton—he said "If you take these flowers over to the tobacconist's you will get a cigar each"—we went over—on coming back the prisoner was standing between the door and the counter—he stood at the door when I left—he left the shop. Cross-examined. I was two or three minutes away at the tobacconist's—I said "a minute and a half" at the police-court—I have not been talking to Carlton about it—I could only guess at the time—I do not recollect saying I was accused of taking money—I was accused twice; once was because oysters were not accounted for, but they were afterwards found to be bad—we were pretty busy on the Saturday; sometimes there were eight
or ten and sometimes only one in the shop—some of them came to the end of the shop where the desk was—I went out, and when I came back you were gone.
Re-examined. A complaint was made that the oysters were short, and I ¦offered to pay for them, but they were found with the bad ones, and I did not pay for them—I forget what the second accusation was.
ALBERT ULLMAN . I live at 5, Craven Road North—I am the prosecutor's brother—on the 12th May I saw the prisoner in a pawnbroker's shop—I said "Your name is Matthews"—he said "My good fellow, you make a grand mistake"—I said "No, you lodged in our house for some time, and I am sure I know you"—he tried to get away, and I caught him by the collar—I asked the pawnbroker for assistance, and the prisoner was detained till a constable came.
Cross-examined. I did not say "You robbed my brother's till"—I afterwards said "This man has taken 28l."—you have grown a moustache since you first came to my place—I should know you anywhere after the way you served me.
FREDERICK DOWN . (Detective Officer). I apprehended the prisoner on the 12th May in the Edgware Road—I said "Shall I read the warrantt" he said "I know nothing of this; I am entirely innocent, and the reason I left was because I had introduced a new system of bookkeeping which was objectionable to one of the brothers, and my life became a misery to me, and I got away from him"—I said "When you absconded I believe you left London?"—he said "No, I have not been out of London since that date"—he gave an address at the Crown Hotel, High Street, Kensington—I said "I believe you live there in the name of William Millett"—he said "Yes, that is quite right, I admit it"
Cross-examined. You did not attempt to conceal where you had been living—High Street, Kensington, is a mile or a mile and a half from Ullmann's house.
Cross-examined. I did not see you extravagant—you did not speculate nor spend much money—I never saw you play billiards.
Re-examined. The prisoner went out on the 12th instant, and did not come back.
Prisoner's Defence. What evidence is there to connect me with this robbery? I was in the place on Saturday; so were others. The drawer was accessible to any one in the shop. I had not the key. Six or seven hours elapsed before Mr. Ullman came to look after the money. In introducing a system of bookkeeping to Mr. Ullman's business my life was made a perfect misery to me by his brothers. My system was too strict for those who had to contend with it, and Mr. Ullman abused me in my bedroom between 3 and 4 in the morning. I am innocent; if guilty I should not have stayed in the neighbourhood where my duties took me, and I was taken into custody within 100 yards of one of Mr. Ullman's shops. I left because I was thoroughly worn out with annoyance and anxiety. He claims 25l. from me, and that nearly tallies with the amount I am charged with stealing. I have borne an honest character, and the testimony brought against me is not sufficient to chastise a child upon.
GUILTY .— Twelve Months' Imprisonment.
MR. BESLE. Prosecuted; MESSRS. WARNER SLEIG. and RAVE. Defended
HENRY WHIT . I was living on the 20th of April when I was examined at the police-court, at 75, Kynaston Road, Stoke Newington—I am a licensed victualler—my first house was the Lord Hill at Paddington between five and six years ago—I then went to the George at Holloway—I left it three years ago—I went to the Wellington in April, 1878, and left in April, 1879—I had occasionally employed Brooks when I was at the Lord Hill the George, and the Wellington—he showed me my trade—I could not say what I paid him—neither of the prisoners were ever employed by me to manage the Wellington—I never employed Wretton at all—she used to come with Brooks as visitors, and if I asked her to do anything she would do it—I took her to be Mrs. Brooks—Brooks was never a regular servant mine—it is not true that owing to Brooks I sold the Wellington at a profit, nor that he left his position of manager on account of my leaving the house—I never lived at 53, Almorah Road, Islington—I was never at that address to my knowledge—I never gave a character to Parson on behalf of Brooks and his wife—I do not know Mrs. Skinsley—I never lodged in her house.
Cross-examined. I have known Brooks eight or nine years—he thoroughly understood his business—he taught me—he did not lodge at the Lord Hill—I went under his instructions, and what was done was by his suggestion—I was at the Lord Hill eighteen months—I sought his advice about going to the George—when I went there he helped me to set it going afresh—I went from the George to a private house in Wellington Street, Barnsbury Road, and then I went to the Wellington—I consulted him about it—he said he thought it would do—he has assisted me there for a week sometimes, and when I was out he was my representative—he helped, me in preparing spirits for sale over the counter—I have left him in entire charge over and over again—I found him upright and honest—if asked I would have riven him a reference according to his ability and what he had done for me.
Re-examined. He was not in my house since April, 1879—I should have told Mr. Parsons so, and that he was my servant, not manager—I have not been in business since April, 1879—I sold the Wellington six or seven years ago—I cannot swear to dates without my book, which is not here—I first knew him when I was a carman at Somers Town—a friend of mine who is in the public-house line introduced him—I did not visit him at his home, nor Wretton—I never asked him if he was in a situation—I think he slept one night at the Wellington—I simply knew him in business—I employed five persons at the Wellington, a barman, potman, two bazmaids, and a servant.
WILLIAM CHARLES PARSON . I am landlord of the Eagle Tavern, East India Dock Road, Poplar—I have been a licensed victualler seven years come June—I once lived and held a licence at the Tenterden Arms, Devons Road, Bromley-by-Bow—I kept a barmaid, potman, and a servant, and conducted the business with that staff—the adopted daughter of Mrs. Flowers is my wife—Mrs. Flowers is a widow—she is interested in the Tenterden Arms—the licences are in her name, the mortgages are in mine—I left the Tenterden Arms to go to the Eagle on the 25th March, 1879—the Tenterden
Arms was then conducted by a manager ana nis wife, a Mr. and Mrs. H. Evans—I had no knowledge of the prisoners before June or July, 1879—Brooks first called at the Eagle; it was on a Saturday evening, between 16 and 8 o'clock—he said "Mr. Parsons, I have come about the Tenterden; I hear you want a manager and his wife"—I said "How did you know?"—he said "I heard it at Mr. Cast's"—I said "It is rather a funny night to come about an engagement as manager and his wife, being Saturday"—he said "It is"—I said "Where have you been living?"—he said "At the Wellington, with Mr. White"—I said "How long hare you been living with Mr. White?"—he said "About 11 months"—I said "Is Mr. White living there now?"—he said "No, he has sold his house"—I said "How long have you been away?"—he said "About two or three months; I could not say exactly"—I said "Did Mr. White follow Nick Argent?"—he said "He is a wide man" (meaning Argent); "I managed to pull the trade together with Mr. White, and he sold the house for 600l. more than he gave"—I said "Well, what about the neighbourhood? the Tenterden is rough at times"—he said "It can't be much rougher than the Wellington"—I said "Has your wife been used to the business?"—he said "Yes, both in London and America, but Mrs. Brooks has been more particularly employed at the Wellington to look after the children, as Mrs. White was having a family very fast"—I made an appointment to meet him and his wile at the Tenterden Arms the next day, Sunday—I met him, and he introduced the female prisoner by saying "Good evening, sir; Mrs. Brooks"—I said "Good evening; what do you think of the house?"—he said "I think we can do very well here," and Wretton said "Yes, I think we can do here," or "Yes, I think so," or words to that effect—I said "Where is Mr. White living?"—one of them said "At 53, Almorah Road, Islington" I said "What would be the best time to see him?"—he said "If you come upto-morrow evening about 7 o'clock he will be at home; don't make it later, he is a man that has regular hours"—Wretton wrote down these addresses produced (Mr. White, 53, Almorah Road, Islington, and Mr. Brook, 15, Charlotte Street, Caledonian Road, N.)—the second address I was to write to to tell the prisoner if his reference suited—Brooks referred to Wretton's experience as a barmaid in America, in her presence—I went to 53, Almorah Road, the following Monday evening—I saw a female who said she was Mrs. White—it was in the front room, level with the front door—I said "I have come respecting Mr. and Mrs. Brooks"—she said "I never give characters; I always leave that to Mr. White," and that he had waited till 7 o'clock for me, but would not be in again that evening—we made an appointment for 10.30 the next morning—Wretton then came through the folding door—I said "This is Mrs. Brooks, Mrs. White"—she said "Yes"—I said "Good evening," and left—the same evening, about 9.45, the female who called herself Mrs. White came to the Eagle in company with a man she introduced as Mr. White—he was not the witness White—he said "Halloa, old fellow, how are you?" and shook hands; "you have been up to my place"—I said "Yes, I waited till 7 o'clock for you; well, how about Fred Brooks? what sort of a fellow is he in the bar?"—he said "He is a first-rate fellow, and he is a good worker; he is a man that will pull the trade together; he got me some money together at the Wellington"—I said "I hope and trust he is a trustworthy fellow; he will have the management of the place and have the engaging of all the servants"—he said "You will
find him a first-rate fellow; give him a trial"—I asked about Mrs. Brooks in the bar—White said she had not been much in the bar at the Wellington but was there more particularly to look after the children, but that I should find them both good workers—they stopped about half an hour—I said I would give Mr. and Mrs. Brooks a trial, and they bid me good night—I believed they were Mr. and Mrs. White, who had been the proprietors of the Wellington—my wife wrote a letter, and the prisoners commenced that duties on Wednesday, the 2nd July, for 90l. a year—I asked if they had any furniture—they inquired what furuiture—I said "Only just enqugh for your own bedroom"—they said they had sufficient for that—the Tenterden Arms was a furnished house—there was an agreement to pay the prisones weekly—they said "Do not pay us weekly, pay us monthly," and we caioe to the understanding that a week's notice should determine the agreement—I told them I should come to take the money on Monday every week, and I went to the bank on Tuesdays—I told Brooks that I kept the money in cupboard in the bar parlour during the day, and took it upstairs, put it under my pillow, and slept on it at night—I went there every Monday ut rule—Brooks had a book, in which was entered and deducted the expenditure for small payments and a balance was taken up to the Sunday night—I paid the brewers and distillers myself—I went on Tuesdays; I took a way from 60l. to 70l., and sometimes over 70l.—on the 14th of October my wife went; I went on the Friday of that week, the 17th—I saw the prisoners—they said nothing about leaving—I heard they were gone on Sunday, the 19th, about 12.20—I went there about 12.50—the whole of the takings were gone except 45s. in bronze—I had not seen the prisoners from the 17th till I saw them in custody, I knew nothing about them—I gare information to the police on Sunday afternoon.
Cross-examined. I know Mr. Yaxley—I never knew him as a licensed victualler—he has told me he has been in the public line—I only know him by his coming into the Tenterden—he came about a fortnight after Brooks came into my employ—I never noticed him before—I do not know that my wife called him "Daddy"—I will not swear he was not asked if he had known Brooks before he entered my service—I do not recollect Yaxley saying he had known Brooks some years—possibly Yaxley went into my bar-parlour and talked with Brooks and my wife; I do not recollect it—I do not recollect Yaxley saying, upon seeing Brooks come in, "Halloe, Fred, how are you?" nor his "standing a liquor" to me and Brooks, nor my wife saying, "Oh, Daddy, do you know this young man?"—Yaxley has said he knew Brooks for years—I do not recollect on a Tuesday evening my wife telling Yaxley that Brooks was after the management of the house, and asking if he would suit—possibly I may have been in the bar-parlour part of the time, but I do not recollect the conversation—Brooks brought a letter from the Tenterden Arms from my wife—it was on a Tuesday or Wednesday—I read it at once, and said to Brooks, "Oh yes, it is all right, then; you can come in to-morrow"—there is a running-ground opposite the Tenterden—there were gates to the Tenterden, which brought us some trade—they were at one time closed—our trade is a fluctuating one—Mr. and Mrs. Bannister preceded the Brookses—they were there in 1879 for two or three months—they did not suit me—Mr. and Mrs. Evans followed; they gare me notice—Mr. Evans made a book—I told Brooks the running matches had fallen off considerably, that the trade in consequence was not so good,
and that he would have a job to keep the trade together, or words to that effect—I do not remember giving Evans's conduct as a reason for the trade falling off—Mrs. Bannister neglected the business—I may have told Brooks go—Miss Fawcett was the barmaid at the Tenterden—I did not engage he—she came about a fortnight before the Brookses came—I cleared the house after the robbery—I could not give Miss Fawcett a character—I explained the circumstances to her previous employer, and asked him to give he another character—they would not stop in the house with another manager—I knew Brooks kept the cash in the cupboard in the bar-parlour in 3 day; I do not know that he took it upstairs at night—the Eagle is about twenty minutes' walk from the Tenterden—I should think it was the bar-maid's duty to let me know immediately she knew the Brookses had gone—I heard her evidence at the police-court—I saw the tills on the table in the bar-parlour empty when I got to the Tenterden, and the bronze in the cupboard—I went to the Bradley in the "Wandsworth Road about Miss Fawcett—I knew she had been at the Windsor Arms, between the Bradle and the Tenterden—I had engaged another man to take charge of the Tenterden about a week before the robbery—I did not tell Brooks—I shoud have discharged Brooks and paid him off in lieu of notice, but I do no know when—the new manager was at the Albion at Barnsbury—I do no know, but some of his furniture may have gone to the Tenterden before the Brookses left—I did not see it there after the Brookses had gone on the Sunday—it had had been there two weeks to my knowledge—Brooks did not take all his furniture; he left a bedstead mattress, a marble washstand a looking-glass, and other things—they are not at the Tenterden now—I did not see them put into the Tenterden.
Re-examined. The articles are worth 3l. or 4l.—I saw them in Frederick Street, Hampstead Road—the tills were bowls—the person who said he was Mr. White was a different man from Yaxley—I took the prisoners into my service, believing the man who personated White.
ELEANOR SKINSLB . I live at 53, Almorah Road, away from my husband, George Skinsley—I have lived there five years—I let some of my rooms to lodgers—no person named Mrs. White has occupied my parlours—a short time before July last and up to April last two persons occupied the parlours under the name of Mr. and Mrs. Be van—they had been with me 18 months—I supposed them to be man and wife—I never saw the prisoners.
BENJAMIN BIRMINGHA . I live at 32, Pratt Street, Camden Town—I am trustee of houses in Frederick Street, Hampstead Road, and collect the rents—this is my receipt book—No. 45 was let to the prisoner Brooks on 30th December last in the name of Joseph Wretton—he came with the previous tenant—I said, "Can you give me a reference?"—he said, "I will give you a reference to-morrow"—the next day he referred me to Mr. Ashford, No. 76, Islington Green—I went there—Mr. Ashford told me he had lived there five years as a porter—No. 45 had been a chandler's shop—Brooks was to pay the rent due at Christmas—he went into possession on 31st December—he deducted the taxes from the sum he paid to the other tenants—I saw the woman Wretton on the 31st December—Brooks introduced her as his wife, "Mrs. Wretton"—I only knew Brooks as Wretton, and Wretton as Mrs. Wretton.
—Brooks said "Yes"—Mr. Parsons came a little late—he spoke to them—I was only in and out—Mrs. Brooks wrote the two addresses in my presence—they came into the service on the Wednesday—I saw Brooks on the Tuesday—he said, "Is my character satisfactory?"—I said, "I have not seen Mr. Parsons; you had better go over and see him and come back and tell me," and he went away and came back and told me his character was satisfactory—I said, "When can you come in, can you come in to-morrow?"—he said, "Yes, I will try," and we arranged it that he should come in on the Wednesday, the 2nd July—they had furniture for one room—I did not see it come in—I have seen Yaxley—a gentleman who used the house was called "Daddy"—he was not Yaxley—I always called Yaxley his proper name—he was at the bar when Brooks came in—he told me he knew Brooks, and that he knew nothing wrong of him—I told my husband what Yaxley said when he came in—I do not remember whether I sent a note to my husband—I have not been asked about such a note before to-day—on Tuesday, 14th October, I went to the Tenterden—Brooks made up his accounts with me—he said nothing about leaving then—I did not go again while the prisoners were there—I next saw them in custody.
Cross-examined. Yaxley was at the bar when Brooks came in, and they shook hands—I do not remember which spoke first, or what they said—I said "Do you know this young man, Mr. Yaxley?"—he said he did—I said "He is after the management of this house"—I did not ask Yaxley how long he had known him—I had a conversation in the bar-parlour with Yaxley and Brooks—I cannot say whether I wrote a note to my husband; I know I was anxious to get some one, and I asked him to come in; it was between 11 and 12 o'clock in the morning—I had known Yaxley about 12 months as a customer.
JULIA FAWCET . Before Mr. Brooks engaged me at the Tenterden I was at the Windsor Castle, Pimlico—I have been with a brother of my former governor since the 19th October, and did not require a reference—I did not know the Brookses were going to leave the Tenterden on the Sunday—I did not see them again till they were in custody—the cook let them out in the morning—I did not know they were gone till I came down—I saw the bowls empty on the table.
Cross-examined. I did not know on the Sunday the money was missed that a new manager was coming in—I never saw Wretton before I went to the Tenterden—I advertised, and Brooks answered it—I told him I had been at the Windsor Castle—Mrs. Brooks did not say she had been to the Windsor Castle for my reference—I did not inquire whether she had; nothing was said about it—Brooks did not say that Mr. Vickery, of the Windsor Castle, declined to give me a reference—I do not know that he went to the Bradlcy—I went on Saturday, on the 1st or 2nd of October—I gave notice at the Windsor—no goods of any kind came to the Tenterden before Brooks left; I left the bar on Saturday night, the 18th, about 12.10—I got up the next morning about 8.30; I went to call the cook; when I got to her room she was asleep on the bed; she was partly intoxicated; she told me I should have to open the house myself as the Brookses had gone—I went downstairs, and left her in the bedroom—I found the house unoccupied—the cook came down a quarter of an hour afterwards; she went into the bar-parlour, and then into the kitchen—I first saw the potman in the kitchen—I cleaned the beer engines that morning between 9 and 10
o'clock; the potman generally did it or Brooks, they were cleaned before I came down—the Eagle was about half an hour's walk from the Tenterden—cleaned the taps to let the potman go to Mr. Parsons; he was away about hour and a half or two hours; he left about 9.45, and got back about 5—it was after the potman left I cleaned the taps; no One else was there that Sunday morning—the money was kept in the cupboard in the daytime—I do not know where it was put at night—I did not say anything about "the daytime" at the police-court—I had no idea what money there in the house—it did not strike me when I came down and found the ward open, the keys on the table, and the gold and silver till empty at am. that a robbery had been committed—I did not look in the cupboard; there was nothing to look at—I did not know what money was gone should think the first persons to be suspected would be the Brookses—I lot tell the potman a robbery had been committed; he did not ask me I had not told him before—he went to the Eagle between 10 and 12 O'clock; I sent him—I swear it was before 11.45—I did not hear his evidence at the police-court—I have not seen it written or printed—Mr. Parsons cleared the house in consequence of the robbery.
Re-examined. I did not know Mr. Parsons asked my previous employer to give me a character—he went to Mr. Smith, and told him how I was and now I am in Mr. Smith's brother's service—I am 28 years of age I was only at the Tenterden two Sundays—I did not know there had been theft—the message I sent the potman with was that the Brookses had—I knew I could not manage the business myself at 1 o'clock when the house opened—I did not know then that a suite of furniture was gone; no unction was drawn to my mind as to where the money was kept in the day and at night—I have certainly not stolen money from the Tenterden—I had no quarrel with the Brookses; I have no complaint of them—when I first went there I got up at 5 o'clock, but on the Friday night previous to this Sunday Brooks said he would get up himself and open the house—there was nothing unusual in my conduct on that Sunday—the house opens at 1 o'clock on Sundays—Mr. Parsons came before it opened that day.
ELIZA SMIT . I was cook at the Tenterden Arms in October last; I usually made the beds—on the Saturdayjbef ore the Sunday the Brookses left when I went into their bedroom the furniture had been removed—Wretton told me it had gone to be cleaned; I was not present when it was removed; I did not know they wore going to leave—I had been there about two months—on Sunday, 19th October, I was called up to let them out at about 5.45; I had never been called up before that to do so—Wretton had in her hand an umbrella and a bandbox, with a parcel tied to it—I did not notice that Brooks had anything; they said they might be back in the evening—Brooks had a long Ulster coat on; they gave me something on leaving—the new manager's furniture came in the next day; I had no knowledge of his coming.
Cross-examined. They asked me to let them out, and I fastened up the place, and went back and had a snooze—I came down again about 9 o'clock—I first saw the barmaid somewhere in the bar-parlour; she did not say anything about the money being gone—I was not there many minutes; then I went to the kitchen—I did not see the potman there—Miss Fawcett did not come there—I first saw the potman about 10 o'clock outside the bar—I cannot say how long after that it was he told me he was going to see Mr. Parsons—he did not say it was about the money being gone; it was between 11 and 12 o'clock—I did not see Miss Fawcett clean the taps, nor the empty
Truscott, Mayor. bowls on the table—I did not see the potman with her in the bar—I was not in the bar-parlour at 8.45; Miss Fawcett was in the bar, not in the bar parlour—I went into the bar-parlour to clean it after I spoke to Miss Fawcett outside; that was after my breakfast.
THOMAS ALLE . I live at Fenn Street, Devons Road, Bromley-by-Bow—I am employed by a greengrocer who keeps a horse and van—on Saturday morning, 18th October, I was sent with the horse and van to the Tenterden Arms—I got there about 7 a.m.—I saw Brooks there—a lot of furniture was put into the van—a man brought them out to me; I was in the van—I saw Brook—there were about four chairs and a table, a few mats, a carpet, a clotbes horse, and a few pictures, I do not recollect any boxes—I went to Oxford Street, Whitechapel Road, and deposited them in a private house—the man who helped me to load the van paid me.
ARTHUR ASHFOR . I carry on business at Upper Street, Islington, as a draper—I have been there 30 years—I have seen Joseph Wretton at this Court—he is the man who was with me five years—the female prisoner is his sister—I have also seen their mother outside the Court—I do not knot Brooks—I never gave him authority to refer to me about his character in the name of Joseph Wretton.
CHARLES DOD . (Police Inspector Y). On 5th April I went with Sergeant Witham to a chandler's shop, 45, Frederick Street, Hampstead Road—the prisoners were there—Witham said "Halloa Fred"—I said to Brooks "You will consider yourself in custody for stealing a cash box and 60l."—he made no reply—I took him in a cab to Bow Street; in the cab he said "You have not told me what I am charged with"—I said "Oh yes I did, but I will tell you more fully; you are charged with stealing a cash box and 60l. from a public-house at Bow last October"—he said "I did not take any cash box; I did not steal any money"—the next day about 11 o'clock I went back to the same house—I saw Wretton—I said "Are you Mist Wretton?"—she said "Yes; oh, you are the gentleman that called here last night"—I said "Yes; lama police officer, and I arrest you for being concerned with Frederick Brooks in stealing 60l. from the Tenterden Arms, Bow, on the 19th October last"—she said "Oh yes, I know, I know"—I conveyed her to Albert Square station, and she was charged with the other prisoner—my reference to the cash box was an error.
WILLIAM WITHA . (Detective Sergeant Y). I was present when Brooks was searched—I found on him this document (Copy Register of Marriage at St. Thomas, Islington, on 8th December, 1870, between Frederick Brooks and Margaret Williams, certified by George Allen, Vicar).
By MR. BESLE. That was about a week previous to the Brookses absconding—I did not know till then Lucy Wretton was not his wife—she said she was his wife—I did not tell Brooks I had found it out—I then arranged to get another manager.
SAMUEL FRASE . (Not examined in chief, Cross-examined by MR. SLEIG.). I was potman at the Tenderden Arms on Sunday the 19th October—Mia Fawcett did not tell me the money was gone—you asked me at the police-court, and I believe I said "Before I left that morning to go to Mr. Parsons I did hear from Miss Fawcett that some money had gone," and "She told me she came down and found the cupboard-door open and the money was gone"—she did not tell me that on the first onset—she did say it before
I went to Mr. Parsons—she said she had looked in the cupboard to see if she could find the money, and to see if any was missing—she said she would go to Mr. Parsons—I said it was not her place—I asked her why if she had found the money gone she did not tell me before—that was because we had been down some time—it was about 11 to 11.30—she did not say when she found it out—she told me thereabouts, from 11 to 11.30—I had seen her before—she did not say when she missed the money. (The witness's deposition being read stated: "I asked her why she had not told me of the robbery before when she told me; she said she had found it out when she came down. It was in consequence of that I asked why she had not told me before."
FREDERICK BROOKS.— Fifteen Months' Imprisonment.
LUCY WRETTON.— Six Months' Imprisonment.
OLD COURT.—Friday, May 28th, 1880.
Before Mr. Justice Bowen.
MR. POYNDE. Prosecuted;
MR. STEWART WHIT. Defended.
NOT GUILTY .
NEW COURT.—Friday, May 28th, 1880.
Before Mr. Recorder.
546. DAVID GODDARD (24), JOHN FALEY (17), and JOSEPH JENNINGS (17) , Burglary in'the dwelling-house of William Brazier, and stealing 4 yards of sarcenet and 4 yards of plush, the property of John Martin.
MR. CARTE. Prosecuted; MR. A. B. KELL. defended Goddard.
JOHN MARTI . I am a hatter, of 24, Steward Street, Bishopsgate Street—I do not live there—I left the shop at 1.15 on Sunday, 9th May, leaving the window securely fastened and locked—I returned half an hour after midnight and found the door broken from the hinges—next morning I missed a quantity of silk plush and sarcenet, and I have since missed a great deal more—I have seen Goddard in my workshop—the front door had been forced—it is a dwelling-house, with a portion of it made into work-shops—the house is let in tenements.
Cross-examined by MR. KELL. The outer door is nearly always open; that leads from the back of the warehouse into the workshop—it is fastened by a lock which I have had altered so that an ordinary key will not open it, and by a padlock also.
JAMES COLLIN . I live at 21, Gunn Street, Spitalfields—on Sunday, 9th May, between 9 and 10 p.m., I was at the corner of Steward Street—I am sure the clock had struck 9—I saw the prisoners and two others; I have known them all by sight for the last six months—I knew James as Jennings, Faley as Fatty, and Goddard as Anderson—they went into the house—I stood there eight or ten minutes, and then saw Jennings and Faley run out into the street—I am sure Goddard went in—he was examined as a witness before the Magistrate on the first examination.
Cross-examined by MR. KELL. I was smoking a pipe—the corner is 10 yards from the hall door—it was nearer 10 than 9 o'clock—it was 9.20 when I was in Rushfield Street—I did not see Goddard come out.
Cross-examined by Jennings. It was not my place to run after you—this children halloed "Stop thief"—you ran to the bottom of Steward Steet William Brazier. I live on the third floor at 26, Steward Street—there is a stable under Mr. Martin's shop, and it is reckoned to be the third floor back—the street door is generally open—you must go in at that door to get to the door of Mr. Martin's shop; you go upstairs and then there is a door to the workshop—I was standing on the stairs listening, at 20 minutes or a quarter to 10, opposite Mr. Martin's workshop, and some one pushed his door; I turned round and said "What brought you here, and who authorised you to break open that door?"—I do not know that man, but Anderson was squeezing out from the workshop—they had got in before I was on the stairs; the hinges were forced before they got in—I heard them forced and; saw Goddard forcing himself out—he was the last man to come out, but the first who I knew—I said "I know you," but I did not know him then as Goddard—I said "There is Steve Anderson running down the stairs"—he said "No it ain't"—I swear he is the man—I was listening for my wife's voice, and the first man came out and then a second—I only know Goddard—I afterwards picked up this chisel on the stairs.
Cross-examined by MR. KELL. I was opposite the workshop door on the same floor—it was dark there; there was no light on the staircase—I did not hear the hinges broken.
By the COUR. I said that it was dark when the first man came out, but when the party downstairs opened his door there was light, and the second man came out.
SOLOMON DEMME . I am a cigar-maker, and occupy the ground floor of these premises—about 10 p.m. on this Sunday I was in the street—a communication was made to me, and I went upstairs with a lighted lamp in my hand, and saw Goddard come down—Mr. Brazier was on the stairs just above—I held up the light to Goddard—I did not know him before—Mr. Brazier called out "Steve Anderson"—I gave the lamp to somebody, ran after him, and fell down the stairs.
GEORGE WRIGH . (Police Sergeant H). On 10th May I took Goddard at 24, Steward Street—I said "Anderson, I want you for being concerned with others in breaking into Mr. Martin's premises"—he said "I know you do; I was not in it; I was drinking in Mr. Rogers's from from 7 to 11"—I knew him as Anderson—I said "Mr. Rogers's is only two doors away"—I took him to the station, and he was identified among others by Brazier and Demmet—he said "I was not in it"—I took Jennings on May 16th in a urinal in the Commercial Road—I said "Your name is Jennings"—he said "No, it is not; you have made a mistake"—I said "Well, you answer the description I have of a man I want for breaking into a ware-house 24, Steward Street, on the 9th"—he made no answer—I took him to the station—he was placed with ten others and identified by Collins—he said "I was drinking in Mr. Fisher's house with Fatty and Billy Neale"—I said "Mr. Fisher's is only 100 yards from where the robbery occurred"—he said "Well, I suppose I shall get time innocent the same as I did before"—the Gun is 95 yards and the other public-house 65 yards distance—I measured it—Brazier handed me this chisel on the 10th—I examined the shop-door and found it locked, but forced at the hinges; it grated the ground—anybody coming out would have to push it violently to get it open because it rested on the ground.
Cross-examined by Jennings. I went to your mother's house on Tuesday
morning and told her Mr. Wright wanted to see you at the station—you did not meet me next night and walk in front of me, and say "I am going to have half a pint of beer."
ROBBRT M'KENZI . (Police Sergeant H). On 14th May I went to a common lodging-house in Derry Street, Spitalfields, and saw Faley, who I knew as Fatty—I said I should take him for being concerned with two others in breaking into a warehouse at 24, Steward Street, the night of the 9th—he said "What time?"—I said "Between 9 and 10"—he said "I can prove that I was drinking in the Gun public-house"—the Gun is about 100 yards off—he was placed with ten others and Collins identified him.
The Prisoners' statements before the Magistrate. Goddard says: "On Sunday, the 9th, I was drinking in Mr. Rogers's public-house at the corner of Steward Street along with my wife, my sister, and my mother-in-law and a nephew, John Anderson, from 8 till about 11. I came at once to see if I could borrow twopence off my brother. I went down Artillery Lane about a quarter to ten, and met Mr. Johnson's son, and he saw me at that time. At 11 o'clock I goes home with my wife, and at 10 past 11 her little brother comes home and tells me a robbery has been committed in Steward Street, and the name of Anderson was mentioned in the robbery. On Monday morning, about half-past 10, I goes up to Mr. Marter and I says to him 'I hear there's been a robbery here, and my name was mentioned in it' He says he does not know; he was not in, and he was about four miles away, but a man upstairs name of Brazier says it was you, and he knows you. I says 'I wish to see the man,' and he says 'He's not in; come up in an hour's time.' I comes up and he was not in, and he says 'Call up about 3.' I comes up about 3 and the detective was there, and I did not see Brazier till I got to the station, and he says it was me, and I says 'You have made a mistake.' Faley says: "I had a row with witness Collins the other day in Brushfield Street, and that is why he has come up against me. He is a false swearer, and he said to the people around, 'I'll have my own back again,' and he heard of this case and he went and gave my name in." Jennings says: "On Sunday, the 9th, at 7 o'clock, I went home and had a lay down, and at a quarter to 9 I came out again and I went in the Gun public-house in the middle bar and had a half-pint, and I sat by myself. In about a quarter of an hour's time I saw a lot over in the private box. There was James Collins and his wife, and his cousin's wife, and John Faley and William Neal, and a few more I did not properly know, and I went over with them and drank with them till 11, when Mr. Fisher ordered us out, and we went out, and I bid them all good-night and I went home. There has been a rare lot of thieving at Fisher's, and he has blamed it all on to us. It happens to be that James Collins, the witness, did it."
Witness for the Defence.
Cross-examined by MR. CARTE. I came to speak about Collins—I have been cautioned for using threats towards him, but I did not use them—I have been told not to interfere with the witnesses, but I have not said or done anything—Sergeant Wright cautioned me.
By the COUR. Faley and Jennings were in the house all that while—I know them by sight, that is all.
Faley's Defence. About three weeks ago I had a row with Collins in the street, and struck him a blow, and he said "I will have my own with you some day or other."
JAMES COLLIN . (Re-examined). I met Faley the next morning and told him I had communicated with the police about the robbery, and he gave me a blow—I have been threatened since that—I was summoned to the police-court, but could not get out through being threatened, and the police had to fetch me and protect me, and I was threatened if I came here. Jennings's Defence. Collins knew me for some months, and therefore he easily picked me out from six painters.
GODDAR. also PLEADED GUILTY.** to a conviction in 1875 a the name of Anderson."— Five Years' Penal Servitude.
FALEY.— Nine Months' Imprisonment.
JENNING.*— Eighteen Months'Imprisonment.
MR. WAIT. Prosecuted; MR. PURCEL. Defended.
WILLIAM HENRY BRAG . I am a labourer, of 14, Poland Street, Oxford Street—on the morning of 10th May I was walking in Parker Street, at 12.45, and met Burke and another man, and I believe Bailey, but I am not so sure of him—Burke attacked me on the right side, the one who got away took me by my throat, and I believe Bailey was on my left—Burke took 4 1/2 d. from my trousers pocket, and the one I believe to be Bailey a bunch of keys—the man who had me by my throat took my scarf pin and a silk handkerchief off my neck—Burke struck me on my head with his hat—the one at my pocket dropped a handkerchief and my keys, and they all three ran through Brewer Street to 15, Skelton Street—I followed them; Burke and Bailey stood at the door, and Bailey said "If you come any further we will knock your brains out"—I returned, picked up the handkerchief, met a constable, who came down Skelten Street, and Burke and Bailey started off the doorway; the constable followed and took them.
Cross-examined. Poland Street is a quarter of an hour's walk from Parker Street, walking sharply—I was going home after seeing a friend; I had only one glass of ale previous to meeting my friend at 9 o'clock—we went to another public-house, but I only had one glass of ale—I was quite sober—I had not strength to call out because he was so tight about my throat—I kept my eyes on the house where they were when I went for the policeman, and they were watching me—their street door was open—I kept looking round—I should know the third man if I saw him.
Re-examined. I can swear I saw Bailey standing in the doorway, but 1 cannot swear he is the man who attacked me—I counted my money in the public-house, and had 4 1/2 d. out of sixpence.
ALFRED HARMA . (Policeman E 67). On 10th May I was on duty in Drury Lane about 12.45—Bragg came up, and I went with him to Skelton Street; he pointed to a door on the left where they had run in—the two prisoners ran out at that door; I ran after them, took them both, and found 4 1/2 d. on Burke and 3 1/2 d. on Bailey—there was no one else in the street Cross-examined. Bragg was perfectly sober—when I told the prisoners the charge they said "No, sir, not me"—I have made inquiries and find
nothing against them—they live in the house opposite that which they ran from.
GUILTY.Recommended to mercy by some of the Jurymen. — Six Months' Imprisonment each.
MESSRS. POLAN. and MR. WILLIAM. Prosecuted.
CHARLES MARSHAL . I live at 37, Sekforde Street, Clerkenwell, and advance money—on 27th November the prisoner came and said he wanted now 5l.—I asked him who would guarantee the repayment—he said Thomas James Cross, 26, Colebrook Bow, Islington, a householder and carpet-pattern designer—he filled up this application in my presence. (This was for a loan of 51. for 40 weeks, giving Thomas James Cross, of 26, Colebrook Row, as guarantee.) I went to 26, Colebrook Bow, and had a nation with a woman there—on 1st December the prisoner and a man reprenting himself to be Cross came to my office, and I asked Cross if the prisoner had given him as surety by his authority—he said "Yes"—I handed him the form, and he said that the statement in it was true—I advanced the prisoner 51, less 10 per cent, upon their signing a joint promissory note, believing they were respectable people at the addresses stated—3s. or 4s. only has been repaid—I saw the prisoner at 26, Cole-brook Row—I heard the catch of the ground-floor front-room move directly the street door was open, and I think the servant asked me Mr. Cross I wanted—he said "It is all right, come in here"—I went in and asked the meaning of my being asked which Mr. Cross I 1—he said "There are two Mr. Crosses living here, one is the other's brother"—I asked him why he had not paid the money; he made some about business being very bad—I have never been able to find her Mr. Cross.
Cross-examined by the Prisoner. MR. UNDERWOO. accompanied me to make the inquiry about the loan—you were at Cross's house, and when I you the reason of the money not being paid, you said "I have written you a note"—I believe I found the note when I returned—I did not stop anything for fines, nor did Mr. Underwood—I do not think I stopped 3s. 7 1/2 d. for fines out of 5s. 9d. which you sent—I should have been satisfied for Cross to be answerable if Cross had been the householder, and the goods were his property.
GEORGE SHENTO . I am an auctioneer and estate agent, of 13, Davies Street, Berkeley Square—I called at 26, Colebrook Row a day or two before 26th December on the subject of this letter (produced), and saw the prisoner in the front room ground floor—Isaid "I have called in reference to this letter"—he said that he required the advance of 10l. on a bill of sale on the furniture in that house—I asked if it belonged to him; he said that it did—I asked to see it—he said "Well, these two rooms are very well furnished, and I had rather not go to the other part of the house, as it is occupied by lodgers"—I was satisfied, and did not see over the house—I inquired for Mr. Cross when I went, and I believed the prisoner was Mr. Cross—I have seen him write, and believe this to be his writing: "Gentlemen, I am sorry you. have not called on me as appointed; will you call to-morrow (Saturday)
or Monday? Please say the time to meet you within half an hour. Thos J. Cross, "Next morning I received this letter: "I herewith enclose a list of my furniture. Waiting to hear from you, I am, &c, T. J. Cross." A list of the furniture was enclosed—I wrote a reply, and on 24th March the prisoner made an arrangement to meet me at my solicitor's, Mr. F. J. Wood, of 31, Great James Street, Bedford Row—he met me there, and the declaration and the inventory were signed in Mr. Wood's presence—these are them (produced)—I then gave the prisoner 10l. in gold, and he wrote this: "I appoint Mr. Frederick Wood my solicitor for the purpose of explaining the bill of sale. I fully understand it, and the consequences that will ensue in the event of any instalment not being paid. Thomas James Cross."
Cross-examined. I represented Thomas James Cross by his authority! throughout the transaction; he wished me to do so, and I did so, he assuring me that he was the landlord of the house.
Re-examined. I knew nobody but the prisoner—he said he had the house on lease and showed me the receipts for the rent.
THOMAS CROS . I live at 26, Colebrook Row, Islington—I am the householder, and all the furniture belongs to me—I did not become security to Mr. Marshall for the prisoner for a loan of 5l., or give any promissory note—I have no brother living in my house—a person took a furnished lodging in my house and took the name of Thomas John Cross after he was in the house—he occupied two parlours—the signature to this bill of sale is not mine, or written with my knowledge or authority—my lodger has disappeared—I have seen the prisoner there three or four times, but 1 never spoke to him except to ask him how his daughter was, but she called him uncle.
Cross-examined. I did not know you as Cross—you did not take my apartments—I once asked you what your daughter was about making suck a mess in the front room on the carpet FREDERICK JOHN WOO. I am a solicitor, of 31, Great James Street Bedford Row—I filled up, at Mr. Shenton's request, a bill of sale on the furniture at 26, Colebrook Bow, and the prisoner signed it "Thos. jas Cross"—I also prepared this declaration—the prisoner and Mr. Shenton met at my office, where the prisoner made the statutory declaration in the name of Thomas James Cross, and signed it—I read the whole of it over to him, and cautioned him severely as to the consequences which might ensue from making a false declaration—it states that the property belongs to him, and says "I am not known by any other name or surname"—he specially appointed me as his solicitor to explain the bill of sole, and I made him thoroughly understand the nature of the transaction.
Cross-examined. I did not ask you any questions—I heard of another man being apprehended, and liberated because they failed to identify him.
The Prisoner. That happened to be Cross.
Re-examined. The prisoner gave me no information where to find Cross.
The prisoner produced a written defence stating that he was the dupe of Cross, who he often visited at 26, Colebrook Row, and who informed him that the house and furniture were his, but let to lodgers, one of whom was
of his own name, and that as Cross could not read or write he employed him, the prisoner, to sign his name; that Gross, when arrested, could not be identified, having cut his hair short and shaved off his whiskers, or he would now be standing in his, the prisoner's, place.
He then PLEADED GUILTY.** to a former conviction in 1875,— Five Years,' Penal Servitude.
MR. MONTAGU WILLIAM. Prosecuted.
GUILTY.Recommended to mercy by the Jury on account of her tender age and the company she had been in. — Four Months'Imprisonment.
550. HASTINGS FRAZER (24) PLEADED GUILTY . to unlawfully attempting to obtain 2l. 8s. by false pretences, and to obtaining 1l. 4s. 1d. by false pretences.— To enter into recognisances to appear and receive judgment when tailed upon.
MR. A. B. KELL. Prosecuted.
JULIET BROOK . I live in Hemingford Road, Islington—on 1st May I was crossing Thornhill Square, about 9 p.m., with a bag in my right hand, and a purse in my left; I heard footsteps behind me, and my left hand was grasped and twisted round, and I was thrown on the pavement with my head on the edge; I screamed, and afterwards called out "Stop that man"—two boys ran after him across the road—the prisoner is the man—I had seen him before the purse was taken from my hand, and am sure he is the man—there was 5s. in the purse—I met two gentlemen bringing him back, and he said "Do you wish to charge me?"—a gentleman said "Charge him on suspicion," and I did so.
PETER FLANNAGA . I am 14 years old—I was in Hemingford Road about 9 o'clock, on the opposite side to the lady, and heard her say "Stop that fellow"—she was getting up from the ground—I saw a man run from her, but I could not see his face—I ran after him, lost sight of him by the church, and then saw two gentlemen bringing the prisoner from the direction in which the man had gone.
EDWARD SANSO . I live at 33, Thornhill Crescent—I was at the corner of Thornhill Square, heard a cry of "Stop thief," and saw the prisoner running; my friend and I stopped him—he said that he was running after the thief, but I saw no one in front of him—I held him—he said "Oh, please let me go, it is not much!"—two men wanted to know what we were holding him for, and recommended us to let him go, but we did not—he wanted to know if Miss Brooks would charge him—he was given in custody.
FREDERICK YOUN . I was with Mr. Sanson, heard cries, and saw the prisoner running down John Street as quick as he could, ahead of all the others—I ran across the road, and as soon as he saw me he tried to get round Thornhill Crescent, but I pushed him against some railings, and got hold of him—two men rushed across John Street, and one pulled me about the road, and said "Leave go of him"—before they came he said "Let me
go, it is not much"—I do not know whether his friends took anything from him.
WILLIAM PETT . (Policeman Y 496). I was called, and found the prisoner in a small crowd—the prosecutrix charged him with robbing and assaultion her—he first said that he was innocent, and then said "I am sorry for when I have done."
He then PLEADED GUILTY.** to a conviction in March, 1880.— Nine months Imprisonment.
OLD COURT.—Saturday, May 29th, 1880.
Before Mr. Justice Bowon.
MR. CARTE. Prosecuted.
EMMA ELIZA CLAR . I lodge at 25, Oak Village, Kentish Ton; the house is occupied by the prisoner and his wife—on the evening of the May I was at home with his wife when he came home in a Hansom ok after 10 o'clock—we both went and opened the door to him—he asked her to pay the cabman half-a-crown for his fare—she said "she had not got half-a-crown, and asked him to pay the cabman himself—he said he had not got any money—she said "Then let the cabman summons you for it"—he said "How dare you insult me in that manner before the cabman"—she had money at the time, and I took her purse from her, and paid the cabman 2s. 6d., and he went away; the prisoner then went down into the kitchen, which is two or three steps from the front door; his wife told him to go there before we paid the cabman; he came back, and I saw him strike at her with a knife—I saw the knife in his hand; it cut her on the cheek; she lost a good deal of blood—I went and fetched a doctor.
By the COUR. The prisoner is a saddler; he was very much intoxicated—it was a common table-knife with a black handle; he struck her with the blade; he had the handle upwards, and the blade down—he struck to right down the face—she slipped against the clock in the hall, and leant against it—she was perfectly sober.
ROBERT BUTTER . (Policeman Y). I went to the house about 1.30 in the morning of the 8th; I saw behind the door a large quantity of blood, and a towel saturated—I found the prisoner lying on a couch in the beak parlour apparently asleep; when I woke him up he appeared to be reoorering from the effects of drink—I told him he would be charged with feloniously cutting and wounding his wife—he said he was very sorry, he did not know anything of it; and he repeated that when charged at the station—I found this knife on the mantelshelf in the back kitchen—it is an ordinary kitchen knife.
JANE LOUISA DAN . I am the prisoner's wife—I was living with him at 25, Oak Village—on the night of 7th May, about 10.30, he came home intoxicated; he had indulged in that habit latterly—he asked me to pay the cabman—after doing that I was in the act of closing the front door—he took me by the arm, I felt a knife in my face, and I slipped down; I had not noticed him go into or come from the kitchen—this is one of our knives; it had been on the dresser in an open knife-box I suppose; that was where I kept them—he would not have done it if he had not been under the inuence
of drink; he is as quiet and kind a man as ever lived, not in the least iolent.
PETER RAWLING . I am a surgeon at Highgate—I was called to the rosecutrix about 11 o'clock on the night of 7th May—I found a large wound in her cheek, reaching from the eye to the head of the bone—I dressed it, and did what was necessary, and remained with her for some hours. Such knife as this would be capable of inflicting such a wound; it was a very angerous wound, it went through the cheek into the mouth.
The Prisoner's Statement before the Magistrate. "I have no knowledge if the circumstance. I remember returning home, that is all I do know. I ad taken too much drink."
Prisoner's Defence. I was under the influence of liquor, and I did not bow anything of the occurrence till I was taken in charge; there was no remeditation. Of course, as to the wounding, I must admit it; the witnesses rove it I leave it in your hands to be merciful to me.
GUILTY. of unlawfully wounding. — Twelve Months'Imprisonment.
MR. MORIC. Prosecuted; MR. WARNER SLEIG. Defended.
NOT GUILTY .
GUILTY .— Nine Months'Imprisonment.
NEW COURT.—Saturday, May 29th, 1880.
Before Mr. Recorder.
MR. PURCEL. Prosecuted; MR. M. WILLIAM. Defended.
AH KI . (Interpreted). I cook for the fireman on board the Glengarry—on 21st May, about 8.15, I was in front of the Sailors' Home, West India toad, and saw the prisoner and another man—the prisoner struck me three imes on my mouth, and the other man took my money and ran away—I struggled with them, and called the police.
Cross-examined. Two other Chinese came ashore with me—(George Hartley was here called into Court) I do not remember whether that is the man who was with the prisoner—one of the Chinese did not strike him on the Heart, nor did the prisoner hit him back again.
AH CHAN . (Interpreted). I am chief cook of the Glengarry—the fireman wave Ah Kin some money to go to market, and I saw him go into the road with the money in his hand, and the prisoner struck him twice and grabbed and escaped.
Cross-examined. Ever so many people were in the street; I do not know whether Hartley was there—I do not know whether he was walking with the prisoner when one of them struck against Ah Kin—I was pretty far from them—there were no words between the parties—Ah Kin did not strike the prisoner in the eye.
struck him twice, and they fell in the road and rolled over together—I took the prisoner and charged him with assault, not knowing anything about the robbery—he made no reply, but when the charge was taken he said, 3 admit striking him, but I know nothing about his money."
Cross-examined. He is a second mate.
Witness for the Defence.
GEORGE HARTLE . On 21st May, about 8 p.m., I was walking with the prisoner, and we separated to pass three Chinamen who were walking the same way—the prisoner went on the kerb and had to touch one Chinaman's shoulder, and the Chinaman put one hand on his breast and the other on his shoulder, and they commenced talking—I did not understand what they said—they got to blows, and fought for about 100 yards, and then went to the middle of the road and the Chinaman knocked the prisoner down, and then they separated—the prisoner is an officer of a ship—I took no money from the Chinaman.
Cross-examined. I did not see whether the Chinaman had any money in his hand, but his hands were empty when he was fighting—I did not snatch any money from his hand—he did not run away—I stood alongside of him.
NOT GUILTY .
MR. PDRCELL Prosecuted; MR. STEWART WHIT. defended King.
JOHN TUCKE . I am a carman, of Dove Court, Holborn—on 25th April at midnight I was in Wharf Road, St. Luke's, and saw the prisoners and a woman—the two women spoke to me, but I would have nothing to do with them—I felt a blow at the back of my neck, turned round, and saw Robinson and another man—Robinson seized my watch and chain, and struck me a second blow—I seized him; a struggle ensued, and they got me down—the men and women all began kicking me, and bit my right hand and knocked me about—while I was on the ground my purse with 1l. 12s. or 1l. 13s. in it was taken from me, and my watch was torn off by King when she was on me; she was on me several times—Robinson kicked me on all parts of my body; my shoulder and left knee were injured, and King kicked me in the groin just before I became insensible—I held the prisoners, and never released them till a constable came—I then became insensible, and knew nothing more till I got to the hospital—I afterwards went to the station and charged the prisoners, and recognised my hat in Robinson's possession in the dock.
Cross-examined by MR. STEWART WHIT. I was perfectly sober—I felt King's hand in my pocket.
MARIA SCOT . I am a widow, and live at 32, Wharf Road—on 25th April, about 1.20 a.m., I was looking out at my window and heard cries of "Police" and "Murder," and saw the prisoners struggling with a man on the ground; four or five people were near—I heard a voice say, "Have you been robbed?"—he said, "Yes, I have," and then a blow came and they went to the ground—I did not see what King did—I was too frightened to go down—a constable came, and I had a conversation with him.
Cross-examined by MR. STEWART WHIT. It was very light under the lamp where the prisoners stood—I can identify King, but I told the Magistrate I did not wish to do so because I did not wish to be mixed up
in it—I said that I could not, and then I was pressed to say—I was 18 or 20 yards off at my first-floor window.
Cross-examined by ROBINSO. Some one called "Police" for a considerable time—it was a muffled scream; I suppose it was the prosecutor.
SAMUEL PBITOHBT . (Policeman N 228). I was in Wharf Road about 1.15, heard cries of "Police" and "Murder," went to the spot, and saw the prisoners kicking Tucker and beating him—King was kicking him; he had Robinson by his collar and King by her dress—I took hold of Robinson and pulled him off, and then Tucker fell down—I handed King over to Tucker, but he was insensible and bleeding from his mouth and face—he was put into a cab and taken to the hospital—I only found a tobacco-box on Robinson—he said that he was not there at all.
Cross-examined by MR. WHIT. They were kicking and beating him to make him let go—he did not say that he had lost 3l.
SAMUEL DOUGHT . (Policeman N 107). I saw Pritchett struggling with the prisoners, and Tucker lying on the ground insensible—I picked him up and called a doctor—he was removed to the hospital—King was handed over to me—Tucker afterwards came to the station and identified the prisoners.
Cross-examined by MR. WHIT. She did not say that he was a stranger to her—I did not find the watch and chain.
KING further PLEADED GUILTY. to a conviction in 1873.— Fifteen Months Imprisonment each.
MR. CBOOM. Prosecuted.
CHARLES GOLDIN . I am a licensed victualler, of 29, Eagle Street, Red Lion Square—on 13th April about 1.20 a.m. I was going to bed, opened my window, and heard a noise—I saw old Mr. Rose, the deceased, who I knew, lying on the pavement and the prisoner standing over him with a broom in his hand—I knew the prisoner as the deputy at No. 40—the old man said "Don't strike me anymore; if you do you will kill me"—the prisoner said "If you get up and imitate to get into the house I will knock your brains out"—McGrath then came and picked him up, and he said to McGrath in the prisoner's hearing "The deputy has been knocking me about and kicking me"—McGrath advised him to go in—Rose said "Rather than go in I would lie in the street"—they walked together about 40 yards past my window—the police came up and took Rose back to No. 40, and I saw him go in—the prisoner walked away, and went into the house—on the Wednesday at 5 p.m. Rose came into my house, and I did not know him; his face was swollen and smothered in blood—he remained three hours and had some refreshment.
CORNELIUS TOD . I was present before the Magistrate and heard Richard Welton sworn and examined—the prisoner cross-examined him—the depositions were taken by the clerk. Deposition read: "Richard Welton. 1 keep the lodging house at 40, Eagle Street Prisoner is my deputy. On the night in question I was in bed, and I left him to take in lodgers and
look after the place. Between 1 and 2 I heard the old man come in door. I heard the footsteps of a man coming along the passage. I heard prisoner's voice say 'Are you drank to-night again; Pre a good mind to choke you.'I heard the old man being dragged along the passage towards the outer door. He was saying 'For God's sake don't choke me.' Prisoner was not saying anything. When he got to the door prisoner said 'I am, chuck him out into the gutter and leave him there.'I got out of bed and went to the door and saw Jim Driscoll, prisoner, and two policement, and the old man standing at the door. I told Rose to come in and go to bed He came to the door and said 'Old man, I don't deserve it.' I said 'ne more you didn't I saw blood and cuts on his face. Prisoner did not ay anything about it then or at any time. I heard of the inquest. Prisons went away on 9th April; he did not tell me he was going. The not morning after this I said 'You ought to be ashamed of yourself to serve the old man as you did.' Prisoner said 'If you've got much more to say I'll serve you the same.' The "old man was drunk at the time; he was drunk nearly every night Prisoner had no instructions from me as to admitting drunken people. This old man had been 18 months lodging at say place, paying nightly, and was mostly drunk when he came home. I gave prisoner no instructions as to not admitting him.
Cross-examined. I heard a stick drop in the passage, I did not hear a fall in the passage, prisons said 'I've got a good mind to choke you,'I did not hear him say 'The drink ought to choke you, 'I can't say who dragged Rose down the passage. By the Magistrate. "On the Saturday afternoon Rose was taken to King's College Hospital, I have not seen Jim Driscoll since the prisoner left; he had been living at my house as a nightly lodger for about faur months—he left the same day as the prisoner did without telling me he was going, I have heard nothing of him since."
BRIDGET WELTO . I am the wife of Richard Welton—on Tuesday, 15th, I heard him say to the prisoner between 10 and 11am. that he ought to be ashamed of himself to knock the old man about—he said nothing, and I said "You ought to be ashamed two of you to knock the old man about"—he said that no one done it but himself—I did not see Rose on the Tuesday, but on Wednesday I went up to his bedroom and asked him to get up, and when he got up I noticed that his face was very much disfigured and swollen, and as if there was ointment rubbed on it—he did not get up on the Thursday or Friday, and on Saturday he was taken to the hospital—the prisoner left a few days afterwards, and Driscoll left about the same time—he had been lodging there about four months—I met the prisoner in Farringdon Street on the Wednesday before he was taken, and asked him if it was not dangerous for him to be so near the station as he was—he made no answer—he had not told me why he left our house or where he was going, and I did not know where to find him, till I met him.
THOMAS McGRAT . I am a warehouseman, of 58, Red Lion Street—on the morning of 13th April I was coming along Eagle Street, and saw the old man lying in the street, and the prisoner standing in the doorway of No. 40—I picked up Rose, who said, "They have killed me"—I picked him up and stood him against the door, and asked them to let Rose go in to his bed—Rose said, "If I was to go in they would kill me"—the prisoner said, "If he comes near I will break his b—y neck"—Rone
walked 30 or 40 yards without my assistance—we met a constable, and went back with him to No. 40—Rose paid 6d. and went in—there was a slight cut on his face, but I could not see it for the blood—the prisoner did not appear as if he had been drinking.
COBNELIUS TODD (Continued). About 2 a.m. on 13th April I met McGrath and Hose, whose cheek was cut—I went with them to the door of 40, Eagle Street—the prisoner was standing at the door by himself, and I said to him, "If I had seen you assault the old man, I should have taken you in custody"—he said, "I did not; I ejected him from the house because refused to pay me 6d. for his lodging"—Rose said, "I did not; I had 6d. in my mouth when I was in the kitchen, and you struck me and it fell out"—the prisoner made no answer—Rose then gave him 6d. in coppers and went in.
TOM ROBINSO . I am a surgeon, of 29, Great James Street, Bedford Row, and medical officer for the district—I received an order, and went on Saturday, 17th April, to 40, Eagle Street, between 1'2 and 1 a.m.—I saw William Rose lying on a bed, with cold extremities, and quite pulseless—at his wrists—he had a number of old irregular wounds on his face) which were in an erysipelatic condition—they might have been produced by—a broom—the erysipelas would not have been there if the wounds bad not been there in the first instance—it attacked the wounds—I recommended that he should not be removed—the only chance for his life was to keep him there, and keep him in bed.
Cross-examined. The wounds were too general and too many to have been inflicted by his falling down in a drunken state.
BARNARD JAMES NEWMARS . I am house-surgeon at King's College Hospital—on Saturday, 17th April, Rose was brought in, in a state of utter collapse, and I pronounced him dying—his face was much cut and bruised, and extremely red, and I said that it was probably erysipelas—he rallied considerably on the Sunday, and died in the early morning of Tuesday the 20th—I made a postmortem examination—the cause of death was amply exhaustion arising from erysipelas, the exciting cause of which was probably the wounds.
JOHN CLIFFOR . (Police Inspector E). On 7th May I said to the prisoner at the station, "I hold a warrant for your conduct to Her Majesty's Gaol of Newgate, for the manslaughter of William Rose"—he said "All right, I know all about it, nobody struck him but me."
Prisoner'a Defence. I was deputy at this lodging house, Early in the morning of 13th April I was in the kitchen, and hearing a heavy fall, went up and saw the—deceased lying in the passage with his nose bleeding. I picked him up and said, "You had better go to bed." He said, "I will go downstairs if you will help me." I said, "No, you had better go to bed, you are so drunk." He said, "No, I have not got my money." I left him leaning against the wall. Driscoll called me up and said, "Rose is lying on the pavement, why not pick him up?" I said, "No, leave him there, he has no money." McGrath come by, and shortly after the prosecutor come and said, "Why don't you let him go to bed?" I said, "He has no money I did not strike him, and I did not have a broom in my hand; it is not till after the house is closed and the lights put out that I want to use one. There is no reason why I should knock the deceased about. Only on that Sunday morning I had carried up tea to his bed. The bruises
were caused by the fall in his drunken helpless condition. Several time before he has been brought home helpless, and has fallen on the stairs, and has been assisted to bed. I do not know where Driscoll has gone to, and cannot call him.
GUILTY .— Two Years' Imprisonment.
MR. LEV. Prosecuted.
ROBERT BRISTO . I am a bricklayer, of 20, Brook Street, Hammersmith—on 17th May, about 11.10, I was in the Great Western Boad, going home—I received a blow which knocked me down, and as I got up I sat the prisoner, but did not see his face—I received another blow, and my watch was snatched, but I saved a portion of my guard—the prisoner ran away—I ran after him, and I believe I lost sight of him because it was dark—I saw him in custody two or three minutes afterwards—this is my watch—I gave 9l. 15s. for it.
JAMES SMIT . I am a labourer, of 38, Great Si Andrew's Street, Bloomsbury—on 17th May I saw two men larking in the street, and after I had passed, one of them said, "He has got my watch," and out of them ran away—I chased him, caught him without losing sight of him, and threw him on the ground—it was the prisoner—something went away from his hand, and a constable came up and took him, and found this watch and chain a yard or two from him.
WALTER TOWNSEN . (Policeman T 105). I was called and found the prisoner in custody—Smith made a statement to me and I searched sod found this watch within a yard of where the prisoner was tripped up, under some palings, and about 3 inches of the chain was hanging out.
Prisoner's Defence. Some militiamen assaulted me and knocked me down and injured my hand; I have not had the use of it since. I never touched the man's watch.
GUILTY .— Nine Months' Imprisonment.
THIRD COURT.—Saturday, May 29th, 1880.
Before Mr. Common Serjeant.
MESSRS. BESLE. and MEA. Prosecuted; MESSRS. GRAI. and GIL. Defended.
The Jury being unable to agree were discharged without a verdict, and the case was postponed until the next Session.
OLD COURT.—Monday, May 31st, 1880.
Before Mr. Justice Bowen.
MAXWELL PLEADED GUILTY .
MESSRS. POLAN. and H. D. GREEN. Prosecuted; MESSRS. BESLE. and FULTO. defended Noble.
CHARLES LISTE . (A prisoner). I have come from Pentonville Prison, where I am undergoing sentence—I know the prisoners—my acquaintance with them commenced about last October—I think I first saw Noble at the Alexandra Park with Maxwell—Maxwell proposed to me, in Noble's presence, to go down into the country and represent myself as a cattle dealer, and to send up meat to different salesmen—this took place at the Star and Garter in Poland Street—they told me to get cheques from different people and bring them to them, and they would alter them into a larger amount—at that time I was living at 70, Margaret Street, Clerkenwell—Maxwell was living in Crownfield Street, Leytonstone Road, Stratford, and Noble at 18, Poland Street, Oxford Street, within a few yards of the Star and Garter—I was out of employment at the time—I never knew the prisoners to do anything—Maxwell told me, in Noble's presence, to go down to Watford, that being a market town, and send up things from there, and to go and stay at St. Albans and buy things there—I did so, in the name of Ellis, and sent up meat to Dean and Hatton, and Lee and Cowall, and Thomas Wylde and Sons—in return for that meat I received crossed cheques—I gave them to the prisoners, they were both together at the Star and Garter; they said they would have to get a banking account—the cheques were shown to Noble—this (produced) is one of them, it is made out in the name of Ellis—I gave the cheques to Maxwell and he took them away—I saw him fill this one in afterwards—they were trying for some time to find a place to open a banking account—on the Monday I and Maxwell went down into the City together and he went to Barnett, Hoare, and Co.—Maxwell ascertained from a book he had that they had country agents—Noble was there at the time, in the parlour at the Star and Garter—I don't know whether Noble was there while he was looking at the book; he knew we were going to Barnett's—Maxwell was going there to send some money from there down to Messrs. Stevens and Blandy's bank, at Heading—I went there with him—we left Noble in Poland Street—at first Maxwell was going to send me in, and then he went in himself and did it—when he came out he made a communication to me—I went down to Beading that day with Maxwell—he was looking about for a place that would do for an office—we returned to town and saw Noble that evening in Poland Street—I think that was on 22nd December—I know it was on a Monday—we told him we had been down to Beading, and that 2001. had been sent down there in the name of Hunt, and I was to go down there and represent myself as Hunt—Noble joined in the conversation, and we made arrangements that me and Maxwell were to go down to Reading next day to see if we could find a place either for apartments or offices—we did go, and engaged apartments at 42, Zinzan Street, in the name of Edward Hunt—I paid"half a sovereign in advance for a week's rent—Maxwell gave me the money to pay—we returned to town and told Noble we had been down and engaged apartments there in the name of Hunt—Maxwell told me to get some bill heads printed and appear to set up in business as a cattle dealer—he said, in Noble's presence, that he should send a letter to me at the place where I had engaged apartments, as if it came from a Mr. Soames, the man that had sent the money, stating that he was glad to hear I had set up in business there, and I was to take that letter to the bank to show my authority for drawing this money out—I went to Reading and there received the letter—an arrangement
was made as to references; Maxwell said he would send some some letters—I don't know whether Noble was present at that time, but he knew what he was going to do—on 3rd January I went down to Reading with the letter that Maxwell had written—I think that letter has ben destroyed—I went to the bank and showed it—to the clerk and drew out 50l. by a cheque which the clerk wrote out and I signed—I had a cheque book—I then returned to town and went to the Star and Garter between 1 and 2 o'clock—I waited till 5 or 6, and then Maxwell and Noble come in together—I told them what I had done, and showed them the pass-book and cheque-book, and I gave Maxwell the 50l.—on 5th January Maxwell gave me a letter to go down to Greenwich with some foreign money in it, and a day or two afterwards I called there and received a reply to it containing a cheque of Venables and Co., of King William Street, for 90l. 18s. 2d., the proceeds of the foreign money—I paid that in to my account at Heading, after Maxwell had endorsed it, and I endorsed it as well—I received it at the Greyhound Inn, at Greenwich, in the name of Carter—I saw Noble that same night—I showed him the cheque I had got from Venables—this is it (produced)—at this time an arrangement was made about the engagement of a clerk—Noble said that he knew of a young man that would do; he was going to put an advertisement in the paper, and I was to answer it—the advertisement was put in and I answered it and engaged a person named Wordley, who came down to me at Reading on Saturday, 10th—I think I first saw Wordley at Paddington; I had seen him before, I don't know where, in company with both the prisoners—I was told by Maxwell, but Noble was present at the time, to buy dead meat and send up to the people I had got the cheques from—on Monday, the 12th January, I purchased some pigs from Charles Lampe, to the amount of about 5l., and consigned them to Dean and Hatton, Central Meat Market, Smithfield, and in return, on 15th September, I received this cheque (produced) by post for 4l. 9s. 8d.—I took it up to London and gave it to Maxwell at the Star and Garter on the Friday evening—Noble was there at the time—Maxwell said he would take it home and alter it—that was in Noble's presence—I don't know whether he made any remark about it, but he stopped there—I stopped there with him—on the Saturday Maxwell brought the cheque down to me at Reading; it was then altered to 500l.,—I endorsed it in the name of Edward Hunt, and, sent it by Wordley to the bank—I had taken Wordley with me to the bank and told them that any cheque I sent signed "Self" that were to pay him; I don't know on what day that was, it was Tuesday or Wednesday, before the cheque was paid in—I came back to town on Sunday, the day after paying in the cheque—Maxwell came back on the Saturday—on Sunday morning, the 18th, I received this cheque from Lee and Cowell; it was then for 3l. 0s. 8d.—on coming to town on that Sunday I went to my mother's house, 70, Margaret Street; I brought up the cheque with me; Maxwell met me at my mother's, and I gave him the cheque—I had drawn out 30l. by cheque on the Saturday, the 17th, at Beading, and I gave 20l. of it to Noble at his own house in Poland Street—I told him that I had paid in the 500l. cheque—I saw Noble again on the Monday evening, the 19th, in Poland Street—Maxwell said in his presence that he was going to alter the 3l. cheque and what amount he was going to alter it to—on Tuesday, the 20th, about 10 a.m., I met Wordley
at Paddington Station—lie had come up from Reading with a letter concerning this cheque from Thomas Wylde for 4l. 16s. 10d. in payment of something I had sent—he also brought the pass-book in which credit was given me for the 500l.—I then went back to the Star and Garter and saw Noble and Maxwell together there—I gave Maxwell the cheque, and showed them the pass-book—they both said that would be all right—an arrangement was then made to meet Maxwell at Paddington Station next morning, between 8 and 9; Noble was to go down to Beading with me and stop outside the bank—after making that arrangement, I went into the city with Noble; we went into the European, and he gave me the four 5l. Beading notes to change at Barnett Hoare's; they were the notes I had given him on the Sunday night—I got them changed into gold at Barnett's—Noble said he did not want to be seen about there—he went on, and I was to meet him at a hairdresser's shop in Bishopsgate Street—I went there and gave him the 20l.—I remained in town that night—I was with Noble up to 5 or 6 in the evening—next morning, Wednesday, the 21st, I met Noble, Maxwell, and Garrett at the Underground Railway at Praed Street, and I and Noble and Garrett went to Beading—Maxwell gave me these two cheques, Lee and Co well's and Thomas Wylde's; they then represented 1,400l. and 890l—I had the pass-book and the cheque-book—we conversed on the way down; they said what they were going to do—Noble was present when these altered cheques were given to me—Noble said when we got to Beading that I was to go on and not take any notice, and they were to see if any one was looking out—I was to stay some distance away from the bank, and Noble and Garrett were to go and stand near the bank to see if Wordley-got the money—I was to write out two cheques, one for 230?., and send in, and if we got that I was to write another for a smaller amount and send in and pay the other two cheques in—that arrangement was made in Noble's presence before we went down, and it was referred to by him on the way down—when we got to Beading I saw Wordley outside the station—I went straight on down the road alone some distance from the station—I went into a little public-house on the road on the way to the barracks—Noble and Garrett were following on behind—Noble went into the public house with me—we had something to drink, and Noble borrowed a pen and ink of the landlord when he came in to serve us, and I wrote out the two cheques, one for 230l. and one for 180l., and I endorsed the other two—that was in Noble's presence—I gave them all to Noble, but he gave them back to me, except the one for 230l.—he gave that to Wordley, who was outside in the main road with Garrett—this was about half-past 10 in the morning—Wordley then went on to the bank, Noble and Garrett followed; they told me to stop behind—I remained some distance behind—Noble said I was to wait there and they were to come back after getting the money for the 230l. cheque—I retained the altered cheques and the pass-book—as they were rather a long while gone I went to see where they were, and met Wordley coming back in custody of Detective Randall—I then threw away the cheques and pass-book in a timber yard, and I went to some other station and got back to town—I saw Noble about 7 or 8 that evening in Poland Street—I and Maxwell met him—he said he had had a narrow escape, he had been very nearly taken, he had to run for it; he said that he had walked some distance, he did not know where, but he got in at some different station
and got back to London—he said that Garrett and Wordley were taken—he asked me what had become of the cheques and the pass-book—I told him I had thrown them away—they were very much put out about that and said I ought to have destroyed them—I said I did not know what to do with them; I wanted to get rid of them—they said I had better get away for some time—I said I had nowhere to go and had no money to go away with—they said did not I know of any place where I could go and stay—I said I could only go to my sister's—they said I had better go there for a time, and they would come and see me and let me know how things were going on—my sister lives at Myrtle Cottage, Cdbbold Road, Starch Green, Shepherd's Bush—they said they did not want to get away then because they had not been seen in it—I continued at my mother's for a week or two after this—I saw Noble and Maxwell very frequently, always together, in Poland Street, and Finsbury Park, and Wood Green—I eventually went to my sister's at Myrtle Cottage; that was before Garrett and Wordley were tried—Noble said I had better keep quiet down there; that was after I had got there; his wife came down there—on the Sunday after I had been there he met me by his wife's appointment in the New Road, Hammersmith, outside the Railway Tavern, near the station—he came again with Maxwell one Sunday afternoon—they said it was very warm for me; Noble said I had better go away from there, hut Maxwell advised me to stop there; he said it would be all right if I kept quiet—he said "It is very warm for you; they only seem to want you n—Noble said he was going to Italy; would 1 go with him and do something there; he said he could get some money, and he could take me with him, and that would be out of the way—Maxwell said he thought of going to Liverpool; they had got something to do there—he said he knew of something there; that he could get a cheque and alter—it there—I knew Noble by the name of Dan, Dan Noble, and Maxwell by the name of Jim, Jim Maxwell—I also knew Noble by the name of Dyson; he used that as a surname, but I believe it is his Christian name; he was sometimes called Mr. Dyson; I saw him twice while I was at Shep-herd's Bush, and his wife twice—I remained indoors most of the time there—I was apprehended there on 10th March—I had a letter from one of them, I don't know which, on the Saturday after I was there, telling me to keep quiet—I did not see either of them after 10th March—I was committed for trial and pleaded guilty, and was sentenced to 15 years' penal servitude—the day after I communicated with the authorities of the Bank of England—I gained nothing at all by participating in this fraud; in fact 20l. I lent Maxwell—he was to give me the money for the expenses—apart from the expenses I gained nothing whatever by it.
Cross-examined by MR. FULTO. I made part of the statement I have made to-day before I was committed for trial, to the solicitor who defended me—that was at the suggestion of my friends; I spoke to the governor, and he recommended me to make the statement to Mr. Freshfield; that was for the purpose of getting a light sentence—I had seen Noble about two months before I spoke to him, at race meetings—lam one of the bookmakers outside the ring—I was never ordered off a racecourse and called a welsher—before I took to bookmaking I was a barman—I was never discharged from a situation for dishonesty—I had a first-class character from one publican, and he would not give me another because he said he could not give two—it was not in consequence of my being unable to obtain employment as a
barman that I took to bookmaking; nobody suggested it to me; it was my own idea; the first time Noble spoke to me was on a racecourse; I saw him there backing horses—I have said that the first step in this transaction took place at a public-house in Bishopsgate Street—I saw Maxwell first on this matter; Noble was not there then—it was from Maxwell that the suggestion came that I was to be connected with the proposed forgery, but he did not say upon what bank—I always had good references—I had seen Maxwell before that with Noble, but never had any conversation with him—I had drunk with him and Noble at different houses; I had known Maxwell to speak to previous to the meeting in Bishopsgate Street—the suggestion of forgery was not made in Bishopsgate Street; it was in Poland Street—I asked him to lend me half a crown, and he said "If I put anything in your way will you earn a pound or two?—I was then informed that what was proposed was that a scheme of forgery should be committed—the one or two pounds was to be earned by way of forgery; I was to get a cheque and they were to forge it—I knew that was wrong—I had never before been engaged in any act of dishonesty—that proposal was made by Maxwell in the bar parlour of the Star and Garter; it was only a few words, and he was to see me again some time afterwards—I had seen Wordley, but I did not know him then, not to know anything of him—he was suggested as a person known to Noble—there was a suggestion that an advertisement was to be put into the Daily Chronicle, and Wordley was to answer it, and I was to accept him as my clerk—I had seen him before; he had never been in the habit of making a book with me; he was to all intents and purposes a stranger to me, but I had seen him—noble was present at the Star and Garter on the first occasion when the manner of the fraud was to be carried out—the interview at the Star and Garter was between me, Noble, and Maxwell—I do not know that the other convicts were present at any interview with me and Noble before the morning of my escape from Reading—I did not know what Garrett was to do till the morning—he was to go and watch at the bank to see if anybody came out—I had seen him once before at the Star and Garter—they were all standing at the bar then, me, Noble, and Maxwell, but nothing was said then—I did not know then that he was connected with it.
Re-examined. I wrote out my statement in the prison in consequence of the advice given me the day after my sentence by the Governor of Newgate—I sent it to Mr. Freshfield, after which a gentleman from his office came to see me.
ALFRED JOHN BOYC . I am a cashier at Messrs. Barnett, Hoare, and Co.'s, of Lombard Street, who are agents for Stephens, Blandy, and Co., bankers, at Beading—on 12th January a person who I believe to be Max-well gave me 200l. in gold and filled up a credit form in favour of Edward Hunt—I advised Stephens, Blandy, and Go. of that credit—the man was a stranger—he gave his name as S. Soames—about 20th January some man brought me four 5l. Reading notes to change, and I changed them for gold over the counter.
WILLIAM RICHABD CUSDE . I am a clerk to Stephens, Blandy, and Co., of the Beading Bank—on 3rd January Lister called and gave the name of Edward Hunt, and spoke to me about 200l.—he showed me a letter purporting to be from Mr. Soames—I opened an account for him in the name of Edward Hunt, and made an entry of the 200l. in the pass-book,
and gave him a cheque-book of our forms—this cheque, purporting to be signed Edward Hunt, came out of that cheque-book—I knew Hunt afterwards as a cattle dealer, of Zinzan Street.
JOHN ROBERT COO . I am cashier at Stephens, Blandy, and Co.'s—this cheque for 90l. 18s. 2d. upon Venables of 18th January was paid in to Edward Hunt's account and credited in his pass-book—I cashed several cheques for Hunt the same day, one for 42l., one for 10l., and one for 14l., all signed Edward Hunt.
BERNARD RUDDOC . I am a cashier to Stephens, Blandy, and Co.—on 12th January Edward Hunt came there with a person who I afterwards knew as Wordley, and introduced him as his clerk—I cashed this cheque for 80l. for him on that occasion, and gave him ten 5l. Beading notes all dated 12th January, and 30l. in gold—on 17th January Wordley paid in this 500l. cheque to Hunt's account—at the same time I cashed a cheque for Hunt for 60l.—I gave four 5l. country notes—previous to that, on the same morning, another cheque was cashed—the 500l. cheque would in due course be sent up to London on Saturday night to be cleared by our agents—we got an advice on the Tuesday, and the 500l. was duly credited in Hunt's pass-book—this pass-book shows the money paid in on one side and the money drawn out on the other—there was then a balance in Hunt's favour of 514l. 18s. 2d.—on Tuesday morning, 18th January, "Wordley came for the pass-book—I gave it to him—we received some information from London on that day, and on Wednesday morning Wordley presented this cheque for 230l. over the counter for cash, and Randall arrested him.
ALFRED DEA . I am a salesman at the Central Heat Market, Smith-field—I received a consignment of pigs from Reading, purporting to come from Edward Hunt—the cheque is dated January 15, and I received them a day or two before—I sold them, and sent this cheque for 4l. 9s. 8d., deducting our expenses, to Edward Hunt, Zinzan Street, cattle dealer—it is now altered into a cheque for 500l.—when I received my pass-book I found that the cheque had been altered, and gave information to my bankers directly—we received more pigs to sell for Mr. Ellis, of St. Albans, in November, and remitted to him a cheque for 2l. 14s. 6d. on 20th November—our cheques are crossed "and Co."in print.
JAMES CHARLES COYTL . I am a partner with Lee and Covill, meat salesmen, Central Meat Market—I drew this cheque for 3l. 0s. 6d., payable to Edward Hunt, of Zinzan Street, Beading, in respect of pigs sold for him—it now represents 890l.
GEORGE FREDERICK WYLD . I carry on business in the Central Avenue, Smithfield—in November last some pigs came to be sold for Mr. Ellis, of St. Albans, and I made out to him this cheque for 4l. 16s. 10d., dated 19th January, 1880, and posted it to Mr. Hunt, Zinzan Street, Reading—it now represents 1,400l.
CONSTANCE GREENAWA . I am barmaid to Mr. Hadland, of the Star and Garter, Poland Street—I know Noble by the name of Dan—I knew Maxwell or Miller as Jim, and Lister as Charley—they were customers, sometimes in the parlour and sometimes in the bar, sometimes alone and sometimes together—I knew them about six months, and saw them last about four months ago—I afterwards knew Noble as
Noble, and Maxwell as Maxim, I thought it was—I never knew Charley's surname.
Cross-examined by MR. FULTO. I knew that Noble lived in Poland Street close by—I think it was last summer when he first went to live there—I cannot say whether it was subsequent to October—he came in nearly every day for refreshment—he has had dinner there—he came there a long time before I knew Maxwell—I have seen him with Lister and Maxwell two or three times or more, drinking in the bar—my duties are confined to serving behind the bar—I have seen them two or three times in the parlour which leads from the bar, and is used by customers who are more or less well known—I cannot recollect any occasion when they were in the parlour when no other persons were there—I have also seen them in the billiard-room when I have been passing—other customers were always present—I saw them there about three times, but the door was not always open when I passed.
CAROLINE HADLAN . I am the wife of Richard Hadland, who keeps the Star and Garter, Poland Street—I know the prisoner by sight, by the name of Dan, and Maxwell as Jim—I have seen Lester in the bar with them Jonoe or twice, but more frequently in the billiard-room—I knew him as Charley—I saw the three together there some time before October last year, and as lately as four or five months ago.
Cross-examined by MR. FULTO. Many other persons were in the billiard-room—I never knew them to be alone there—I have seen them come in with other persons.
ELIZA TURNE . I am the wife of Arthur Turner, of 18, Poland Street—Noble came to lodge there on 20th October with his wife and daughter and son—they left on 5th March, leaving no address—he did nothing that I am aware of—persons coming to see them were let in by them, not by us.
CHARLES BARTLET . I keep the New Inn, Tilehurst, near Reading—on 20th January, in the morning, the prisoner came there with Lester—tbey went into the parlour, and I served them with some brandy—Noble asked for a pen and ink—I first got blue ink—he said that he wanted black ink—I took him some black ink, and then he asked for some blotting paper—when I took it in Noble was leaning over the table, and I saw him put a pocket-book in his pocket—they were together 15 or 20 minutes—I did not know them before—I heard that evening of the arrest of some persons for forgery on Stephens and Blandy's bank—on 12th April I went to Newgate and picked Noble out from 20 or 30 persons—I have no doubt he is the man.
Cross-examined by MR. BESLE. Outram had been down to ask me if I could recognise the men and could describe them, and I did—that was two or three months afterwards—I only saw them ouce—Outram told me that one was convicted—Hunt was never put with others for me to pick him out.
WILLIAM INWAR . (Detective Officer). On 24th January, about 10.30, I was watching Stephens, Blandy, and Co's. bank, Broad Street, Reading, and saw Garrett, who has been convicted, and Noble at the end of Cross Street and Broad Street, 300 yards from the Bank—they appeared to be waiting for something—they walked hurriedly away to the market place, and placed themselves so that they could see into the bank windows—Noble could see best—he waited against Huntley and Palmer's shop
window, about 30 yards from the bank, on the rise, so that he could see into the window—Noble left hurriedly about 11 o'clock, and went into Broad Street, and Garrett took his place—Wordley then came out of the bank followed by Sergeant Randal and Outram—I spoke to Outram, and Garrett was taken in custody—I went after Noble, but failed to find him—I met him on, I think, 8th April, coming from a house in Graham Road, Dalston—I am certain he is the man who was in the market place—Garrett and Wordley were tried here on 5th March.
Cross-examined by MR. BESLE. Garrett's sentence was ten years, and Wordley's five years.
DAVID HACKEL . I live at 1, Brook Street, Reading—on 22nd March I was in Mr. Talbot's yard, a timber merchant, near the Great Western Railway Station, and found three cheques and a pass-book—they could have been thrown there by any one passing.
MARGARET HOP . I am the wife of John Hope, of 1, Myrtle Cottages, Shepherd's Bush—Charles Lester is my brother—he came to live with me this year, five or six weeks before he was arrested, which was on 104 March—he had been previously lodging at my mother's—Noble came to our house three times before my brother came, and asked if Charley was there—I said, "What Charley?"—he said, "Your brother Charley"—I said, "No; he has not been, but I expect him"—he seemed very much put out that my brother was not there, and said that he was very stupid because he did not get out of the way—I asked what he had done—he said, "Nothing"—he afterwards came when my brother was there—I knew him as Dan—Dan and Maxwell came to see my brother one Sunday evening, with Dan's wife and daughter—my brother did not go out much—I afterwards picked the prisoner out from about 30 others in Newgate, and Maxwell also—the prisoner gave me no name or address.
Cross-examined by MR. BESLE. I have lived there six months—my brother was very seldom at home when I went to see my mother—he is a barman—the last place I saw him in was at King's Cross—I do not know how long he had been out of employ when we came from Brighton—we were there six months—I did not inquire what he meant by coming to live with me; it was not the first time—he came down to Brighton, and stopped a week or two—I cannot remember whether he has had any employment since Midsummer, 1879—he was always at home with mother when he had no employment—I saw him once when he was charged at the Mansion House—I did not talk to him about it being an advantage to the Bank of England to convict somebody else; I told him to speak the truth, and he would be the better off for it—he said that he should see—Noble and Maxwell's names had not been mentioned to me up to that time—Noble introduced his wife when they came down, but I hare not seen her since—I think that was the Sunday before Garrett and Wordley were convicted—the names of Noble and Maxwell were never mentioned.
Re-examined. Noble had a printed card with my address on it when he came; he said that my brother gave it to him, and that was how he came to call—his daughter looked about 17—I do laundry work, and my husband is a foreman in a brickfield.
No. 59, and said "Mr. Noble"—he said "Yes, Sir"—I said "We are police officers; we are going to arrest you," and told him the charge—he said "All right, Sir"—he gave his name at the station as Daniel Dyson Noble; a passport was found on him made out at the American Legation in London in 1878, and a quantity of foreign money—I afterwards went with Handle to 59, Graham Road, and in a drawer in a chest of drawers in a bedroom on the first floor I found this letter—Mrs. Noble was occupying the room, and she and her daughter were there, and an aunt—I had seen Noble come out of that house, and he gave that address at the station—I had some property belonging to the convict in my possession, and I received this document from the prisoner's wife's sister on the day it bears date—I afterwards gave up the principal part of the money.
Cross-examined by MR. BESLE. I had never spoken to the females before the prisoner was in custody; Mrs. Noble is not here, nor the aunt—it was not Mrs. Noble's daughter; it was Noble's daughter by a former wife—I never saw Noble write.
SOPHIA PAYN . I live at 59, Graham Street, Dalston—the prisoner Noble and his wife and daughter came to lodge with me on 3rd March, and occupied the first-floor sitting-room and bedroom, and the top back bedroom for the daughter—the prisoner' went away on, I think, the Sunday week following; he did not tell me where he was going—I don't think I spoke to him after he came in—he came back the next Wednesday morning, but I did not speak to him—he was taken in custody—Mrs. Noble and his daughter are living there still.
JOHN WOO . I am one of the warders of Newgate—I saw Noble write this paper on 22nd May, and sign it "Daniel Dyson Noble"—the signature to this letter is written by the same person to the best of my belief. Gross-examined by Mr. Besley. I had seen him write previously—I did not study the character of his writing—I did not expect to be a witness.
(The letter was partly read; it was from Noble to hit wife, dated March 11th, 1880, and stating that he should leave for Rorme on Saturday.)
Witnesses for the Defence.
JAMES MAXWELL MILLE . (The prisoner). I am a native of Ireland; I have confessed myself guilty of this crime—I do not think Noble was present when it was arranged between me and Lester, that Lester should go to Heading in the name of Hunt—Noble had not been at Heading that I know of before 21st January, but after Wordley was taken I told Noble that I was in this scheme of forgery—I owed Noble first 20l., and then 100l., making 120l.; he pressed me to pay him, and I told him I would pay him on Wednesday, 21st January—I saw him the day before in Poland Street, and told him if he would meet me next day he could go to Beading, and Lester would meet him there and pay him 100l., but previous to that I had paid him 20l.—I saw him in the morning at Praed Street, and told him to go with Lester to Heading, and Lester would give him 100l.—Lester was there—Noble never saw the altered cheque that I am aware of; we parted company at the station, and he went to Beading with Lester—I did not see him again for several days—I went with him one Sunday and his wife and daughter to Lester's sister's house—I told Noble of the scheme before going down to Mrs. Hope's on the Sunday—I knew of his going down on the Tuesday before; I told him to go there, and tell Lester if he saw him to get away—I have passed some time in America, but did not know Noble there
—he has never had anything to do with altering cheques that I am aware of—he was not to get any of the money abstracted from the Heading hank.
Cross-examined. I have known Noble about two years in London; he has been a friend of mine the whole time; our families are slightly known to each other—I am a betting man, and have been attending races for two years—I mostly get my living by betting—I have in this case taken out the ink from a cheque, and filled it np in a feigned writing to look like as original—I have never done it before; I mean that this is the first one I have done—I never did any in America—Noble had money at times; he lent me 100l. in notes and gold at the close of November, and 20l. early in November—he has borrowed from me several times, and I have borrowed from him—he did not press me till after November—I paid the 200l. into the bank in the name of Soames—100l. of that was not Noble's money; some of it was my own; I do not know that any of it was Noble's, only what I borrowed—I have not been in prison in America, and never escaped from gaol—I did not go by the name of Salone there—I was a commercial traveller—I do not know Walters, who used to alter cheques—I only went occasionally to Noble's when he lived at 18, Poland Street—I went up to his room—I read him at the Star and Garter, and Lester (came there occasionally—we have all three been there when others have been present—we have been in the parlour and the billiard-room together in November, December, and January—Lester used some of his own money to get some cheques; I do not think he brought them to the Star and Garter—I altered three cheques in this case—I knew Garrett slightly, but only about a month before I went to Reading—I did not associate with him; I do not know Mrs. Tyler's, 51, Lindley Street—I saw Wordley first at the Alexandra Palace; he and Lester were together—I did not take Lester to Wordley—I met Noble at Praed Street; I did not see them off by the train; I left them at the station—I knew what Lester was going to Reading for; it was to draw out part of the proceeds of the altered cheque—it is true that I gave him part of the proceeds of three other altered cheques, Lee's, and Covills, and Wilde's—I do not think I saw the pass-book—I suppose the 500l. was credited by thai time—I do not know what Garrett was to go down for; he was not to watch the bank that I know of—Noble was to go to Reading to receive the 120l. from Lester, instead of waiting for Lester to come up, because he said that he was pressed for the money, and wanted to go away—I did not explain to Noble how Lester, a man out of place, was to get 100l. from a bank at Reading—I had told Noble the night before that Lester would give it to him—I went to Lester's sister's house once—I did not see him that very night; Lester told me that same night that Wordley and the other man were taken—I saw Noble two days after 21st January at a public-house in Shoreditch—he did not say that he ran away from Reading because he saw the police, he said that Lester left him, that he went to Reading and waited, and he did not come—I was living at Stratford; I left there about 5th March, and went to Liverpool, leaving no address behind me—when I was arrested I said that 1 did not know Noble's meaning, that I know nothing bad about him—I never mentioned anything to the officer about my owing Noble this money—I do not know that Noble left Poland Street and went abroad on the day that Wordley and Graham were sentenced—I went to see him once at Graham Road—I did not know that he had gone to Italy—I was taken in Liverpool.
Re-examined. Lester lived at Reading, I think, from 22nd December,
when the account was opened, and only occasionally came to London—I saw Noble in Lester's company before he went to London and assumed the character of a cattle dealer—I have seen them together in Shoreditch, and at the Alexandra Palace, and several places—I did not introduce Lester to him—Lester was making a book—I was never present with Lester when there was any conversation with respect to the Beading business and the cheques—Noble has known me for two years as a betting-man, and I him—he was apparently betting at the Alexandra Palace on several occasions—Lester was supposed to be lodging at Reading, but no arrangement was made for him to remain there; Lester went down to Beading at 9 o'clock, and he was to meet me that evening or next day in London—I did not see Noble that evening, but I saw Lester—I saw Noble several days afterwards; Noble was not present when these two cheques were altered to 890l. and 400l.; he never saw them in my presence—I gave them to Lester one morning at the station; I think it was in a public-house—Miller was present, but he did not see me hand them, as I did not want to let him; as far as I know and believe Noble had no knowledge of the altered cheques.
By the COUR. I was very intimate with Noble for the last two years; I do not know that I know his writing; we did not write much to each other—he did not write at all; I have not seen his betting-books—I do not know this writing (A letter)—I may have seen a little of Noble's writing, but not enough to recognise it—I should not think this letter is his writing.
GUILTY .— Twenty Years' each in Penal Servitude.
Before Baron Huddleston.
MESSRS. POLAN. and MONTAGU WILLIAM. Prosecuted.
WILLIAM DENTO . (Policeman K R 57). At a quarter to 12 o'clock on 28th April I went with Burchett, another constable, to Cranbrook Road, and there took the prisoner into custody for passing a counterfeit half-sovereign; on the way to the station his conduct was very violent—when, we got outside the station it required four men to take him in—he was placed in the dock—while he was in the dock I heard, Mrs. Dench call out "Knife, knife 1" and I saw this dagger (produced) in the prisoner's hand; it was unsheathed—his hand was raised, and he said "The first man that touches me I will plunge this into his b——heart"—I went out then and saw nothing more.
GEORGE BURCHET . (Policeman K R 539). I accompanied Denton to the Cranbrook Koad—what he has stated with regard to the prisoner's conduct on his road to the station is true—he was placed in the dock—I heard Mrs. Dench call out "Knife I" and he drew a dagger and made a stab at me—I was right in front of him—he would have caught me in the middle of the chest if I had not stepped back—he said "You have had your way, I will have mine"—he then rushed at Simpson, another constable—he came out
of the dock flourishing the dagger—he then drew back and said "You art not the man, it is these other b——s"—he then made a rush at Galer and stabbed at him—it would have caught him right in the middle of the chest, but he stepped back; we had nothing to protect ourselves with, and we withdrew into the cells—he then took up the arm-chair and threw it at as, still with the dagger in his hand—he said "The first b——that moves a step I will plunge this dagger into his heart"—after about a quarter of an hour Simpson said to the prisoner "You are very foolish, you are only making it worse for yourself, and you had better give in"—he then threw down the dagger and was secured and placed in the cells.
WILLIAM GALE . (Policeman K R 52). I was acting-sergeant at the station on 28th April—I assisted in taking the prisoner into the station—I did not see him draw the dagger—I heard the woman call out "Knife, knife!" and saw it in his hand, and he made a plunge at me; it would have caught me in the breast if I had not stepped back into the cell—before that I saw him make a stab at Burchett; how close he went to him I could not say, I was behind him—I heard him say "You have had your way, and I will have mine"—the stab was made with all his might.
The Prisoner's Statement before the Magistrate. "When they took me they wrenched my arms nearly out of the sockets. I said I would go quietly without that They let me get up; they then twisted my arms again. I tried to get away; they threw me down and carried me to the station; they threw me on the floor and put me in the dock, and I then drew the dagger from my belt".
GUILTY .**— Ten Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MR. ISAACSO. Prosecuted.
WILLIAM HILDE . I am a grocer at Forest Hill, Sydenham—on Saturday, 27th March, the prisoner brought this cheque to my shop and asked me to change it—I said I did not like changing cheques of this kind, but I thought he might have a friend in the place who would do so—he went away for some time, but came back again and said his friend was out——he said his friend was a wholesale dealer—he mentioned Mr. Parker—I said "I do not like it"—he said "All right, let me have 30s. on it, and you will have time to put it through the bank"—I put it through the bank, it was returned "No account"—this is the endorsement which the prisoner made—I went to the address which the prisoner gave me, and found he had removed, and the furniture was all gone—I recognised the prisoner at the police-court—I took the cheque believing it was genuine.
Cross-examined by the Prisoner. You did not ask me to lend the 30s—you had not dealt at my shop for twelve months—I did not say at the police-station it was a pity you did not ask me to lend it, I said I would rather have given you the money than that you should have taken, me in—there was an account at the London and South Western Bank two years ago in the name of Parker—I did not know you were pressed for money, had been laid up, that you had been engaged in election business, nor that you were respectable—I marked the cheque in your presence.
Re-examined. The prisoner said at the station "I suppose you only want your money?"—I said "It strikes me very forcibly the man who drew this cheque is the same man"—he said "I may as well make a clean breast of it, it is all my own, I drew the cheque myself."
DINGWALL MCKELLE . I am chief cashier at the London and South Western Bank, Holloway—I do not know the prisoner—an account was opened at our bank on 21st February, 1878, in the name of George Parker—it was closed on 17th April by an overdraft—one or two cheques have been refused since.
Cross-examined. I had a bill of yours due 20th April if I recollect right—it was dishonoured and returned to you by post—I have a letter here of May, 1878, stating that we gave Parker notice his account was closed—I consider an overdraft closes the account—the bill was 12l. 10s.—it was not paid.
Re-examined. The prisoner did not reply to our letters.
THOMAS STBM . (Policeman P 275). On the 10th April I saw the prisoner about 3 p.m. in Great Dover Street, Borough—I stopped him and said "Is your name Edwards?"—he said "l Yes"—I said "Have you been living at Forest Hill?"—he said "Yes"—I said "I shall take you into custody for fraudulently presenting a cheque and getting 30s.—I took him back to Sydenham—when the charge was read over to him he said to Mr. Hilder "I do not want to put you to any trouble, I wrote the whole of that cheque, I have had an account at the bank."
Prisoner's Defence. My name is not Edwards, but Parker. I used that name as a blind, because I had been separated from my wife. I believed I had a balance to meet that cheque. I had not used the bank for two years. I have suffered from rheumatic gout and hardly attended to business. My impression was that Hilder lent me the 30s. I had no intention to defraud him. I left Forest Hill because I had had notice to quit, which had expired. I was at work, and could not appear to time. I have been two months in custody, and have suffered enough.
GUILTY .— Eight Months' Imprisonment.
Before Mr. Recorder.
563. AUGUSTUS EDWARD GLOVER (36) PLEADED GUILTY .** to stealing a ring, the property of Alice Maud Nichols, also a watch and chain and in. 6d. in money of William Colton.— Eighteen Months' Imprisonment.
The four following cases were removed to this Court under the Order in Council.
Before Baron Huddleston.
ANN BENNET . I am the wife of William Bennett, living at New Barnes, in the parish of Senn, Surrey, on the Guildford and London road, about opposite to where this stack of straw of Mr. Hilder's was standing—on 19th
May, about 12.40, I flaw that the stack was on fire; it was a small flare—I went towards it in a minute and saw the three prisoners at the end of the stack—they were not all three together—Algar came as if he had come in from behind me; which way he came I could not tell, it was so very quick—the other two were close against the burning stack—they each had a bit of stick in their hand—the fire had caught the straw and they were trying to put it out as it lay under their feet, but the fire came round so quick that we all had to get out of the way—that was the first thing I saw—they were not stamping on the straw, they were hitting it with the pieces of wood—I had looked at the stack about five minutes before—it was all right then—there was not a soul near it, I could not see any one, if then was they were behind me or between the hedge and the rick—I saw no one but the three prisoners when I first went across—I told them to be off, they had no business there—there is no path there, the stack was on the other side of the hedge, about 100 yards from my door—the road is between it and my house; the stack might be about half way, about 50 yards from the road—the prisoners had no business there—they did not go away when I told them to be off—I did not see them go—the foreman of the farm. and some men came soon after—the fire burnt right out—there was do means of putting it out—I should think it had been on fire two or three minutes when I first saw it—neither of the prisoners made any observation to me when I spoke to them.
Algar. When she was at Guildford she said no one was in the field, we were in the field when she came in—now she says that I came through the gate.
Witness. No, I did not—there are two gates close there.
Trench. On the night before the fire broke out she said at Guildford that she saw us three pass by, and that I asked her for a drink of water; and she did not—she did not see us at the rick—she had a pitchfork in her hand and she came and asked my mate to help put the fire out, and he took it and went and stopped there—she said to me "You have no business there, you had better go away." Bishop. Q. Did you see me with a piece of stick in my hand? A. Yet, a piece of broken paling.
Bishop. You did not, you saw us with two pitchforks helping to put the fire out—you gave me a three-pronged fork to do it.
Re-examined. I am quite sure the prisoners were there when I went into the field.
ERNEST ALFRED HILDE . I am a farmer at Woking—I had a straw stack standing at New Barnes—it was 40 or 50 yards from the road—the value of it was from 100l. to 120l., I don't know exactly—I saw it while it was burning—I was there about 4.30—it was completely destroyed—I know nothing whatever of the prisoners.
HENRY COLLI . (Police Sergeant Surrey Constabulary). About 1.45 on 19th May I received information and went to this stack while it was on fire—in consequence of what I heard I went and apprehended the prisoners at Ripley—I found them there together about 3 o'clock that afternoon—I charged them with setting fire to this straw stack of Mr. Hilder's—they all replied together that they were not near the place at the time when the fire broke out, that a gentleman on a bicycle first told them of the fire, and asked them to go back and help put it out, and they went—that was all they said.
JONATHAN DANIEL RISBRIDGE . (Surrey Constabulary.) I assisted the last witness in taking the prisoners to the police-station—on the way to the station Algar said he should not plead guilty, he would let them find it out—I searched Bishop at the station and found a lucifer on him—I have it here—it has not been used; it lights anywhere.
Algar. I said they would try and bring me in guilty for being seen with the other two, that was all I said.
Bishop. The match was in the lining of my coat, and he had to make a hole to take it out.
Witness. I found it in his pocket, right at the bottom in the corner, and he tried to take it away when I took it from him.
JAMES GOLDIN . (Surrey Constabulary). On 21st May I was in the garden attached to the police-station, when the prisoners were in custody there—they were in separate cells—the cell windows are close together—Trench was in No. 5 cell—I heard him talking to a prisoner in the adjoining cell; it was not one of these prisoners—I heard him say "She has cop it hot, we shall be cop a five or a seven year, but it would be hard to cop five years for nothing; it was my mate was the one that struck a match and lit his pipe and then threw the match in the stack and it blazed up and we went away."
Trench. It is all false what he has been saying; it is a make-up of his—I asked the chap in the other cell if he heard anything, and he said he heard nothing of the kind.
Bishop's Defence. What the woman says is all false. She says we had sticks in our hands; we had no sticks at all except the forks they gave us. There were two men there before us; they were fetching water to put it out She told us to go away; we stopped there an hour and a half till it was nearly out; we helped to keep two more stacks from catching fire.
ANN BENNET . (Re-examined). I don't know how long they were assisting in trying to get the fire out; the fire was burning so quick, and so many were round, I don't know when they went away—I saw them there half an hour perhaps, I could not say how long.
Bishop. It was 1.55 when we went away. There were 12 or 14 men there, and we were carrying straw from one rick to the other.
NOT GUILTY .
Before Mr. Justice Bowen.
MR. GRIFFIT. Prosecuted; MR. WILLE. Defended.
JAMES CHURCHFIEL . I am the father of the deceased George Church-field—he was 30 years of age—he lived with me—he was a stableman employed at the White Hart, Reigate—about 9 o'clock on 29th April I got him a cup of tea, and he left home—he seemed in good health—the next time I saw him was on the Sunday night—he was not then dead—he spoke to me—he died afterwards.
Cross-examined. He used to work at the White Hart at times—I don't
know that he worked for the prisoner; I know he worked along with Mr. Brown, the head ostler.
WALTER BROW . I am a flyman at the White Hart—the deceased was employed there as a stableman—he was not a regular man—he worked for the prisoner sometimes, to help him do his work—sometimes he worked in the yard—he was not at work for any one on the 28th—sometimes we never saw him for a week—between 1 and 2 on Thursday, the 29th, I and the deceased and some others were drinking at the White Hart—the prisoner was there drinking with us—there was some rather rough hone-play, and they blacked the deceased's face with soot—I did not see the prisoner take any part in that; I did—we went from there to the Bull's Head—the prisoner went with us—the deceased had something more to drink there—I don't think I had anything—we remained there about 10 minutes and then came back to the White Hart—that was about 2.45—I can't say whether the prisoner was there then, I believe he was; I have no doubt about it—the deceased was then drunk, but not so very drunk—he was put into the taproom—we were not drinking there when we came back from the Bull's Head—I left the deceased there and went to my work—we left him in the corner, just inside the door, on a form—about 5.30 I went again into the taproom, and the deceased was sitting in the same place—there was a table there—he was awake and quite quiet—he did not appear so very drunk—I heard no more of him till I heard that his leg was broken.
Cross-examined. I can't tell at what time that morning I first saw the prisoner and deceased at the White Hart—I was there at 6 o'clock—it was about 12 midday when we were drinking together—the prisoner was drinking with us in the passage—he was drinking some of the same, and the deceased—the woman Carter was not there; I never saw her—after leaving the White Hart we went first to the Crown; the deceased, the prisoner, and a man named Ward—I am quite certain the prisoner went with us—I was not the worse for drink—I had not to lie down in the tap-room at the White Hart that morning; I think not; I don't remember that I did—I believe I was sober enough to know—from the Crown we went to the Bull's Head—I don't remember the deceased stumbling at the gateway when we came back to the White Hart in the afternoon—I never saw him fall there—I did not see him carried back to the White Hart—he was not very drunk—it was a small table that he was sitting by, an ordinary taproom table with cross-legs—in the evening the prisoner made some tea and gave it to the deceased—I did not see the deceased strapped to the form—I was one of those who commenced larking with him and blacked his face—I don't know who the man was that insulted the woman Carter; I did not see or hear any one do so.
Re-examined. I had not been in the taproom between 3 and 5.30; I had been up the yard.
JAMES ADAM . I am a pensioner living at Reigate—I knew the deceased for nine years—he went by the name of Bunkum—on the evening of the 29th I heard that some practical joking had been played upon him, and about 5 o'clock I went to the White Hart—I went into the taproom and saw the deceased there on the floor and strapped to a long form, and the form on the top of him—the prisoner came in after me—the deceased asked me to release him, and I cut the strap with a knife which I got from the
prisoner—I asked him for it, and be gave it me, and I cut the strap and released the deceased—he was drunk—I could not get him up myself—he asked me to let him alone, he would be right in time—I put him on one side, and put the form up, and I left him on the ground—he would not get up, I don't know why, I expect he was too intoxicated—there was no blood on the floor then—there was a long table by the form where he was lying—I went away and never saw him after.
Cross-examined. I think he was intoxicated—he knew me, and asked me to release him—I suppose ho was unable to stand up—he did not complain of any injury at all—the prisoner was not there when I went in, he came in afterwards.
CHARLOTTE CARTE . I am a widow—I live at Redhill—I get my living by selling oranges and nuts about Reigate and other places—between 6 and 7 on the evening of 29th April I went to the White Hart tap for a rest, and called for half a pint of beer—I knew a man called Bunkum for some years—I saw him there sitting on a form and laying his head on the table fast asleep—the prisoner was there; he had just cleaned two of the tables down, and he wanted to clean the other table down where the poor deceased was lying, likewise the stool, and he said, "Out you come, Bunkum, if you don't I shall pull you out," and he caught hold of his coat sleeve and palled him down with great violence, which I might call with vengeance—he did nothing more to him—he said, "Out you go; I am going to drag you out and put you outside in the yard, or else in the stable"—he tried to drag him out—the landlady came in and said, "Wash his face and set him up, and let him have his sleep out"—when the prisoner pulled him down the deceased said, "Tom, you have owed me this spite a long time, and now you have done it for me"—there were several people there then—I saw blood on the ground after he had been thrown down; it came out of the lacing of his boots.
Cross-examined. I was there at dinner time—I found that they were a little bit intoxicated—there was a lot of larking and horse-play going on—they did not insult me—I did not threaten to strike anybody; that is false—when I went into the tap-room at 6 o'clock I saw the deceased sitting on the form with his head lying on the table at the end—it was an ordinary tap-room table, with crossed trestle legs—I could not tell what he had had to drink—he was fast asleep, with his head on the table—I did not say before the Coroner that he was so drunk that he could not speak; it is false—he could not speak when he was pulled down off the seat—he did speak, of course, because he said "You have owed me this spite a long time"—I did not say before the Coroner "The deceased was tipsy, and could not speak"—I have known the prisoner a long time—I used to go in there sometimes of a night to have my tea, and used to use his teapot, but I put my own tea in—shortly after Christmas he said the master did not like me to have it there—I have not been a little sore against him on that account—we have always been very good friends; I am certain of that—I have not the least ill-feeling against him.
JOHN WALTER . I am a B.M. and a M.R.C.S.—I am also the medical official at the Reigate and Redhill Cottage Hospital—on the evening of 29th April, a little before 7 o'clock, I was called to the tap-room of the White Hart to see the deceased—I found that he was very much intoxicated, and unable to give an intelligent account of himself or how the
accident happened—he was suffering from a very severe compound fracture of the left leg, just above the ankle—the bone was protruding through the skin, and the large bone of the leg was splintered into several pieces—it was not broken directly across, but splintered-clothing was covered with dirt, and his face and hands were smutty—there was a considerable amount of bleeding—he had been seen before my assistant, who had endeavoured to stop the bleeding—there was a pool of blood on the floor—I dressed the wound, and he was subsequently remove to the Union infirmary, where he was under the care of Mr. Kelsey, the surgeon to the infirmary—I saw him the following Sunday with Mr. Kelsey and several other surgeons—he was then in a very exhausted condition; leg, in fact, had become gangrenous or mortified, and this mortification was extending upwards towards the body, so that it became absolutely necessary to cut the leg off; that was the only chance of saving his life—I assisted Mr. Kelsey in that operation—he was then under Mr. Kelsey's care—he rallied fairly well from the immediate effects of the operation, and was removed to his bed—I did not again see him alive—he was almost unconscious when I saw him on the Sunday—a severe shock, such as the fracture of a leg, would be likely to bring on delirium tremens in a subject who had a tendency to it—the death was undoubtedly caused by exhaustion consequent upon the injuries he had received, and the delirium tremens from which he had suffered—I am of opinion that con. siderable violence must have been used to cause a fracture of that kind—I do not think that falling on the leg or being thrown on it would cause a fracture of that character—the only plausible explanation I can give of the occurrence of the fracture is that his leg must have caught under the table or in the trestle of the table as he was sitting on the form, and if he was thrown backwards with some violence the leverage of his body would cause a fracture of that description—I assisted in making a post-mortem examination by order of the Coroner—the liver was in an advanced state of fatty degeneration, and all the tissues of the body were more or less infiltrated with fat—there was no other disease—there was no disease sufficient to cause death.
Cross-examined. He died from exhaustion brought on by the injuries he received—the degeneration undoubtedly followed upon the injury—that form of degeneration would only occur in a man of intemperate habits—the post-mortem confirmed my opinion that he was a man of intemperate habits—the fracture was of such a character that considerable violence must have been used—I think a simple fall would hardly account for it—if he was pushed with some violence I think that would account for it.
ARTHUR KELSE . I am a M.R.C.S. attached to the Reigate Union—I first saw the deceased on the Friday; he was then in a very low, exhausted state—delirium tremens was then beginning to manifest itself—on the Saturday mortification began to show itself in the leg, and it became necessary to amputate the limb, which I did, with the assistance of the other doctors—he died on the Sunday between 5 and 6 o'clock—I think it Would require some violence to cause the fracture I saw.
Witness for the Defence.
Hart to have my dinner; there were three tramps there and the deceased—tbe deceased had had a little beer, but not much; his face was partly blacked—the witnesses Ward and Brown came in intoxicated while the deceased was sitting on the form—the witness Carter was there, and Brown and Ward, nicknamed "the doctor," insulted her grossly in my presence, and she up with her stick and went away; she did not stop a minute hardly—I went in again about 3.30, I then saw the deceased lying prostrate on the floor—the prisoner came in just as I came in—the deceased was then fearfully intoxicated, and he had dirtied all about the taproom—the prisoner said to him "Get up"—he made a rambling answer; he could not get up, he was that intoxicated—he did not try to get up—he said "Oh, my leg," and he put his hand to his leg at the bottom of his trousers and tried to lift his trousers up, and in the effort to do so he fell on his back again—the prisoner asked me if I would lift him up, he was so intoxicated, and said "See what a mess he has made"—I took hold of one shoulder and the prisoner of the other and placed the deceased's hands on the mantelpiece; he could not stand, and we had to lay him down again—the prisoner tried to get him up again, but it was no use; I told the prisoner he had better let him lie; he was so intoxicated there was no way of moving him at all.
Cross-examined. I do not know that he had jalap given him—I heard it said that he had—I did not see any blood about.
NOT GUILTY .
There was another indictment against the prisoner for assaulting the deceased end causing actual bodily harm, upon which no evidence was offered.
MR. HORACE AVOR. Prosecuted;
MR. MORIC. Defended.
GUILTY .— Twenty Years' Penal Servitude.
Before Mr. Recorder.
HENRY BLAS . I am a blacksmith and live at Hungary Hill, Faraham, Surrey—I went into the Wellington public-house on the 26th April, about 8 o'clock p.m.—the two prisoners came in about 20 minutes afterwards—they called for some beer and I joined them in drinking it—we then tossed up to see who was to pay—there was another man, Cole, who tossed as well—while the beer was being drunk I had occasion to go into the taproom, and while I was there the prisoner Henry Barnett came in and brought some boots in—I identify these boots (produced) as those he brought in—he asked me if I wanted to buy a pair of boots—I said "No," but afterwards I agreed to give him is. for them, and for the purpose of paying him I changed a sovereign with the landlady—I tied tied aces together and put the boots over my shoulder and kept them there till I left the house—when I had drunk some beer I paid for the boots with three shillings and two sixpences—I left the house about 9.58, and walked across the road by myself—I subsequently saw the prisoners standing 6 or 7 yards from me, and we all went up Alma Lane together from the house—that is in the direction of my home, but not in the direction of the home of Henry Barnett—when we had got about 250 yards Henry Barnett Struck me a blow on the right side of my
head with his fist, muttering "I'll have it," which caused me to-fall is the hedge—he hold me down, and as soon as I was down he took the boots from off my shoulder and held mo down while the other prison, John Barnett, commenced rilling my pockets—we had a struggle, and I afterwards got up, and throw Henry Barnett from me, and ran for assistance—besides the boots I missed my handkerchief and hat—I as almost sure this (produced) is my handkerchief—next morning I gave information to Bowyer, and went with him to the Wellington public house and saw John Barnett—I did not recognise him at first because he had his cap pulled over his face—when he was spoken to he was all of a tremble—on the same day, Tuesday, the 27th, I went to Aldershot with Bowyer, and recognised Henry Barnett, with a lot of men, and gave him in custody—I heard a conversation about some boots; the policeman asked Henry Barnett "What about the boots?" and he said "What boots?"
Cross-examined by JOHN BARNET. I did not say that I could not swear to you because there was not a mark on your forehead.
BENJAMIN BOWYE . (Surrey Constabulary 57). On Friday, 27th April, about 10 a.m., the prosecutor came and made a communication to me at my house—I went with him to the Wellington beerhouse, and found Job Barnett sitting behind the door of the bar—the prosecutor and I went into the back room together—about 10 minutes afterwards we came back to the front of the bar, and the prosecutor and John Barnett began talking to one another—I called them into the tap-room, as the conversation was running high; John Barnett had a billycock hat over his eyes then, but when we went in it was in its proper position—he was not charged, but when the prosecutor questioned him he was all of a tremble and shake—I asked the prosecutor whether that was the man—he said "I am almost sure, I am almost certain"—that was in John Barnett's hearing, who replied "I was not there, I was tossing here with you last night"—I afterwards went to some work in Martin Webb and Co.'s brick-fields, and found 400 or 500 men working there—I went to the part where he was working, and when I was about 200 or 300 yards in front of the prosecutor he said "Hold hard, Bowyer, here is the man, stop," and he pointed out Henry Barnett—I saw one of the firm, who sent for Barnett, and when he came up he said "What do you want Bowyer?"—I said "I have come about those boots"—he said "What boots?"—I said "I suppose you know nothing about them," and I said to Blake "Is that the man that assaulted you last night?"—he said "Yes"—I said "Are you sure?"—he said "I am perfectly certain he is the man"-Barnett said "I bought a pair of boots at Ned Stranger's last night and they are at borne now"—the prosecutor said "That is the man I bought the boots of"—Henry Barnett said "What boots? I bought a pair at Ned Stranger's last night and they are at home now, but I never sold them to you"—I took Henry Barnett in custody, and searched him and found these three separate shillings, about threepence in new coppers, and this handkerchief (produced), with three other pocket-handkerchiefs—I accompanied the prosecutor to Henry Barnett's lodging about 6,30, and he identified the boots—they were not actually handed to me, but he said "Those are the boots" Cross-examined by Henry Barnett. You said that you bought the pair of boots at Nod Stranger's, not at Mr. Angel's; you never mentioned Mr. Angel—Blake told me that he was almost certain you were the man
I did not say "That will do you, Barnett "—I said "That will do with you, Barnett, for the present."
Re-examined. The prosecutor said at the police-court that he should have known him before without his hat.
CLARA LOVIN . I am the wife of Henry Loving, of the Wellington public-house—on Monday evening, 26th April, we had a number of people in the bar, and I law the prosecutor and the prisoner Henry there—I do not remember whether John Barnett was there—I saw the prosecutor with a pair of boots across his shoulders, and saw my husband five him change for a sovereign—I was not downstairs when they left.
By the JUR. I had known the prisoners before, and had seen them there together before.
The Prisoners' Statements before the Magistrate. Henry Barnett says: "I only wish to say that John Barnett was not in my company at all that evening." John Barnett says: "All I have to say is that I was not in Henry Barnett's company that evening."
HENRY BARNETT'S DEFENC . On Monday I went to work, and knocked off at 11 o'clock on account of the door breaking, and I went down to buy a pair of boots, and gave 12s. 9d. for them. I went to the public-house at 1.16. I gave 2s. 6d. for a pair of boots, and went and had some beer, and went to work again till 6.15, and then we went back again till 8.80 They went into the taproom and I went in the bar. I had a glass of ale with them. I never tee Mr. Blake that night at the bar. I stopped there till 25 minutes to 9, and never took the boots out of my pocket. I got sixpennyworth of eggs and was down at the canal at 6 minutes to 9. I got up next morning and went to my work. As to seeing John Barnett that night I did not. I was about seven yards from this man; he passed me and said nothing. They went to the foreman, and he said "You are wanted." He said "Did not you buy a pair of boots yesterday?" I said "Yes, two pair; one pair are on my feet and one pair are at home." Mr. Bowyer said "You will have to go to the police-station with me." I said "very well." They searched me, and I had three handkerchiefs on me. Mr. Blake took up the white one and said that he could not swear to it.
John Barnett's Defence. On the evening of 6th April I went home to my lodging at 9.10 and stayed there all night, and next morning I went to the Wellington and had a pint of beer, and a constable came to the public-house and asked the landlord some questions, and he came back and looked in the bar, and called me on one side and asked Blake whether he thought he could swear to me. He said "No." He went away for half an hour and came back with another policeman, called me into the taproom, and he said again "I cannot swear to him." On Wednesday evening at 11 o'clock I was at the police-station after all the public-houses were shut up, and they came and swore to me and said I was the man. I can swear I was at home at 5 minutes to 10 on 26th April, and as for seeing Henry Barnett I did not see him from 8 o'clock on Sunday evening.
He then PLEADED GUILTY.** to a former conviction at Guildford in 1874, when he was sentenced to seven years penal servitude for sheep-stealing, which sentence had not yet expired, he being out on a ticket-of-leave,— Four Months' Imprisonment, to commence after the expiration of his former sentence.
JOHN BARNETT— GUILTY .
PLEADED GUILTY.* to a previous conviction at Aldershot in March, 1880. One Month's Imprisonment.
MR. BESLE. Prosecuted; MR. GRAI. Defended.
JOHN RICHARD MARKE . I hare been 2 years buyer in the fancy department of the Bon Marche at Brixton—I gave orders to the prisons to write tickets, which he did at home—this invoice (produced) of 29th December represents a genuine transaction—this (produced) is the invoice for one gross of blue and gold tickets delivered before 29th December, 1879—on his presenting it I initialled it and wrote "twenty-five shillings" in words, which is my usual practice, and I then handed it back to Shien I—I have nothing to do with paying the money—I ordered no gross of blue and gold tickets after the 29th, nor did I ever get such a supply—these are the initials of my name on the order for 12 dozen blue and gold tickets, 21s., on 14th February, but they are not written by me or by my authority, and I never had the goods, or authorised Childs to present this for payment—I had not a gross of blue and gold tickets on 9th March—this (produced) is not my order, nor is this of February 5th for six dozen at 2s. 6d.—these initials are not written or authorised by me, nor did I order or receive the goods.
Cross-examined. There are fifteen departments and seven or eight assistants in each—I do not know whether Shiers wrote tickets for other departments—I know that other ticket-writers were employed—he did the greater part of the work—the system was the same with regard to the other departments—I was occasionally in the City making purchases—if the prisoner brought in his tickets in my absence I gave authority to the shop-walker or to the first man in the department to receive them, but he would not deliver them in my absence without a receipt—the person I left to act for me would sign them—I had about fifteen assistants in my department, but they had no authority to receive tickets in my absence; it has never been done to my knowledge—when sgned it was an authority to Shiers to take it to the cashier and recero the money—I have no record in any book of the tickets for which I gave orders—T gave him the orders by word of mouth, and sometimes on paper—we ticket a great many articles, but not all—I did not order 1 gross of tickets between 29th December and 14th February—I succeeded Mr. Tarbett; he gave the order of 29th December and I accepted it—I did not always write the amount of money that was to be paid scroti the tickets—Mr. Young is the buyer for four departments—I do not know of a dispute with him, or of his. saying that he had not received some tickets and it being found out subsequently that he had—when I signed the ticket on 29th December I told Shiers that the expenses in that department were so heavy for tickets that I would discontinue having an; written—he did not tell me that there were some further orders to come in—no complaint was made by my master to me that too many tickets had been ordered; I have heard nothing about it—I have given Mr. Redgrave authority to sign for tickets in my absence—I am also the head of two other departments—I have fifteen assistants in the three departments—since December 9th I have ordered about two dozen tickets up to this date from Shiers for the three departments—I am away about three
days a week, and then I gave Mr. Redgrave authority to sign for tickets if any were on order—other persons may have ordered tickets at Christmas time—I have personally ordered about fourteen dozen of tickets from all parties since 28th December up to the time the prisoner ceased to work—I speak from memory only—there is no date upon the invoices when they are initialled; the date is furnished by the prisoner's receipt—after he ceased to work for us I saw him in Brixton Road—his ¦father has a toy-shop next door to us—we do not "cut" one against the ¦other—I have not given orders in public-houses, or initialed them there. Re-examined. Mr. Sackey was called by the prisoner at the police-court as his witness—I said to the prisoner "As it was ordered it is only just to you that the tickets should be received, so bring them, and I will sign for them," and he brought in a gross of tickets—he did not say that there was an order outstanding then—when the order was given the department I was mentioned—I did not order more than 18 tickets of Shiers from 29th December up to the time of his ceasing to be ticket-writer—we discovered the forced signature on 10th March; I was not there on the 9th—I never received 288 tickets from him in the fancy department—Redgrave is shop—I walker; he is in a different grade from the other assistants—when my I assistants sign in my absence the tickets are sent back for me to counter—I aim—I was not there to see whether the money was parted with—Mr. Abdy was an assistant on 1st January; he has initialled 15d. on the I ticket—I no not know whether the shopwalker's signature is sufficient for I the cashier without my countersigning—I never saw 28 dozen blue and I gold tickets delivered in the fancy department after 12th December, and they could not have been there without my knowing it—there is no rivalry between our establishment and the next shop.
By MR. GRAI. I did not tell the prisoner after this matter cropped up that I had found two or three gross of tickets I knew nothing about—I swear that a number of tickets were not found which the heads of the department knew nothing about—there is no foundation for the suggestion. John Davidson. I am a cashier at the Bon Marche; my office is on the ground-floor—it was the ordinary course for Shiers to bring me his account, and receive the money when it was signed by the buyer—I was not the cashier on 29th December, but I have the entry of 25s. paid to Lawrence who acted up to February 28th—I saw this invoice (produced) at the police-court—the other part of it has been lost—it has Shires's signature; he presented it, and I paid him 24s.—I believed that these were Mr. Marney's initials—I should have paid without the initials if it was signed by someone in the department—I should not have paid unless I had believed that these were Marney's genuine initials—I should expect the person signing to put his true initials and not Marney's—these initials are an imitation of Marney's—I allowed Marney the initials the next day.
Cross-examined. Marney used not to come to me when he was going oat, and tell me to whom he had delegated his authority, but I knew who would take the responsibility in his absence—in all the departments if the head did not sign it the next would, and I should pay—he came with a voucher; he did not let them accumulate, and present two or three at once; I have only paid him three times, and he only presented one ticket at a time—the prisoner has been writing for the department ever since it was opened—Mr. Young is the head of my department—the prisoner did not apply to me for payment of some tickets delivered to Youngs—I am not
aware of any particular Toucher from Mr. Young's department—I sent for Mr. Young to see if there were any tickets without his initials, and he said that these initials were not his, but he did not deny receiving I goods—I did not find out afterwards that Mr. Young was mistaken, and that he had received some tickets which he said that he had not received—I simply sent for the buyers as I suspected the whole thing was wrong and we went through all the vouchers for the last 12 months—I do not know that initialled pieces of paper were repeatedly sent back by the cashier because they were so illegible and so hurriedly initialled—I have never done it—we get a vast number of these in a year from ticket-writen—we file them.
Re-examined. There are two persons in the fancy department whose initials I should countenance, Mr. Marney and Mr. Redgrave—we do not allow the office boy to initial—I only pay three times a week—I paid the prisoner on 8th March 9s. 11d. for the fancy department, and I do not see any other entry in March up to the time of the forgery—I paid for ticket for the other departments.
WILLIAM HENRY LAWRENC . I am chief ledger-clerk at the Bon Marche—I acted as cashier till Davidson took my place—on 29th December Shires presented to me this genuine receipt and order, and I paid him 25s.—on 14th February he presented me this order for 21s., and signed the receipt—it purports to be initialled by Marney—this order of 1st January, 1879, which is meant for 1880, is signed by Abdy, and counter-signed by Marney—I refused to accept Abdy'a signature, and required Marney's, but I should have accepted Mr. Redgrave's.
Cross-examined. I have been cashier about 10 months—it was my duty to pay the prisoner whenever he presented these pieces of paper—he had no particular day for coming, he was paid when the goods wen delivered—I do not know that the goods were sometimes delivered ween before he presented the tickets—I say that simply because the goods wen always paid for on delivery—if he handed me half a dozen tickets 1 should assume that all the goods were, delivered that day—I do not knot that it was his habit to keep a number of tickets and then present them—he had not an account with the firm, he was paid on delivery—he was a customer of ours, and had an account in our books—there are two counting-houses, one for paying and one for receiving, and had a notice been given to me I should have set off tickets, but I never did so—Mr. Marney has the habit of writing the amount in words, but I cannot say that the others have—I have paid a great many of Mr. Marney's tickets, but not always to Shiers—Shiers has also received money from a cashier named France in my absence—France would have the signature of the buyers.
Re-examined. I have a record of paying Shiers 21s. on 14th February, and I paid him at the same time 13s. for the boot department, and 3s. for the furniture department—two of these are genuine orders and the third is forged—he has never had or applied for money in advance to my knowledge—I paid 15s. for six dozen on 5th February, as I believed it was Marney's initialling, and also 1s. in the flower department—he wrote this receipt at the time—Mr. France was called by the prisoner at the police-court.
delivering them I initialled the receipt for him to get the money—these receipts of 15th January, 14th February, and 26th February, for 3s., 3s., and 3s. 6d. are not my initialling—they are an imitation of mine, but I swear they are not.
Cross-examined. I cannot say whether I received the goods mentioned on them—after this matter occurred the prisoner asked me to sign for tome tickets which he had previously delivered to me—that was after March 9; after the dispute with him—I refused because I could not call it to mind; I was not aware whether I had signed before—I did not tell him that he had been paid, and refute to sign; I said that I would make inquiries and find out—I inquired in the counting-house and found that he was perfectly correct, that he had delivered the tickets to me, and that I signed the piece of paper, and he had not been paid for them—one of those was for a long ticket, "Hand-sewn Scotch work.**
Re-examined. I went to the counting-house and examined the tickets, and there had been no payment; one ticket was 6d. and another 10(7. or 1s.—I asked Mr. Davidson about it—there is nothing on these tickets by which I can identify them—this is an imitation of my initialling.
Cross-examined. It is not true that when I paid him on the alleged forged ticket of 9th March I gave him 26s. instead of 24s.—I do not remember his bringing me back 2s. on that occasion, and telling me that I had overpaid him—I recollect something of the kind, but do not recollect whether it was on that or on a previous occasion—I cannot deny it.
By MR. BESLE. It would not be entered at the time—there would be no alteration of figures—I should only put down 24s.
JOHN RICHARD MAIINE . (Re-examined). The initials on the two authorities alleged to be forged are a very good imitation of mine—I deny that they are mine because I never ordered the tickets and never received them—the transaction never took place.
Cross-examined. We had written to Bradford, and he was in custody when I got there—he was engaged in a situation there—he did not tell me that he had actually given the the Bon Marche as a reference.
SAUNDEK. The prisoner's father deals in sweetstuff and toys, and we deal in toys; our time for selling them is December; we have a fancy bazaar then, but except then we make no show—there is no motive for our prosecuting the prisoner because his father deals in toys.
The prisoner received a good character.
NOT GUILTY .
569. HENRY SHIERS was further charged upon two other indictments with forging and uttering orders for the payment of 15s. and 21s., upon which MR. BESLE. offered no evidence, the prisoner undertaking not to bring any action against the prosecutor.
NOT GUILTY .
MR. OPPENHEI. Prosecuted; MR. M. WILLIAM. Defended.
EDWARD WILLIAM KNIBB . I am a lighterman in the service of Arthur John Humphreys and Co., of Tooley Street—on 5th February I received directions to proceed to Horselydown, where the steamship Plover was—I did so—I took a barge named Sabrina and moored it off the ship—it had the master's name, F. A. Hughes, upon it—I loaded it; with potatoes, which were on board the steamship—I left the barge at 6.30 and went to the wharf for orders—I returned to the barge and covered up the potatoes with tarpaulin—there were then 168 sacks in it I left it safe at 7.50—when I returned to the Plover next morning; between 7 and 8 o'clock the barge and contents were gone, and I gave information—the potatoes were in sacks similar to this one (produced) they were marked with a star and. a C.
Cross-examined. I have got the barge back.
THOMAS HOPKINS WOODWAR . I am manager of the lighterage department of Hay's Wharf—on 5th February I received directions from Mr. George Beeson, of Bermondsey—in consequence I ordered Knibbs to take the Sabrina to the Plover and load her with 200 bags and bring them to the wharf, and warehouse them for Mr. Beeson—the potatoes came from Hamburg—the bulk of Mr. Beeson's sacks are marked like this—I did not sell the potatoes, or authorise any one to sell them—the value of the barge was 180l. or 190l., and the potatoes in it 65l.
HENRY NEWMA . I am a labourer, of 5. Pennell Place, Greenwich—on 6th February the prisoner instructed me to help in unloading a barge of potatoes—it was the Sabrina—another young man named Knibbs, of Greenwich, and two boys and two men named Wallace and Jones worked with me—the prisoner acted like the master of the barge—I afterwards attended the trial of Wallace and Jones at the Surrey Sessions.
Cross-examined. I saw the prisoner between 7 and 8 a.m.—I had I never seen him before—I saw him next at South wark Police-court with a number more prisoners—I knew what I was going there for, as I had a note from. Inspector Reed, which I handed up at South wark Police-court—he said "There is another man caught for the barge of potatoes, I and Inspector Heed will go and see if you know any one," and I picked him out from a number of others—they were not dressed in black coats—there were no policemen among them.
By the COUR. I knew the name of the prisoner when I picked him out, as it was mentioned in the letter I got, but I did not know it before.
Re-examined. I was engaged about an hour helping to load the vans with potatoes, and sometimes the prisoner came and had a look and ran up the street, but not many times—I should not like to swear he is the man I saw at Greenwich that morning—a man like the prisoner paid Knibbs the money for me.
CHARLES WADDINGTO . I am a carman, employed by Mr. Blomfield, at Sidney Street, Charing Cross—on 5th February I received instructions and went to Tooley Street—on the 6th about 4 a.m. I stopped opposite Cotton's Wharf and saw four men outside—two of them were Wallace and Jones, who I gave evidence against at the Surrey Seseions—I
received directions and went to Billingsgate Dock, Greenwich—I backed our vans down by the side of the water against a barge loaded with potatoes—a gentleman standing with the other men gave me directions to do so—several other men and Newman helped to load my van—during that time I saw the prisoner—the four Tans were loaded—we all started together—we had orders from the gentleman standing there to proceed to Smithfield, and we did so—as we went through Old Kent Road the prisoner and the same three others came out of a public-house—we went to Smithfield, and I believe the two Joneses met us—I had seen one of them with the prisoner at Greenwich—I was present when he was tried at the Surrey Sessions—in consequence of Jones's directions I took the potatoes out of the van in Brick Lane and pitched them down against the little brick wall—the chap who was in the van was paid 56s. or 58s. by one of the men who I saw at Greenwich and at Surrey.
Cross-examined. I was not paid—I said at the Surrey Sessions that they paid my mate—I had never seen the prisoner before, or Knibbs either—the name of Bowling was in the letter—the carman who was paid is not here.
JAMES BOWE . I am a general dealer, of 4, Chequer Alley, White Cross Street—I knew the prisoner before February—he called at my shop on 6th February and asked me if I was the buyer of 40 or 50 bags of potatoes—I said "No, I bought some yesterday"—he said "I have got a lot; me and Jones have been to a sale and bought a lot, and I want to sell them; he wants the money, and I won't let him have it"—I went to look at them in William's Place, St. Luke's, and afterwards taw him again and offered him 40l. for the 40 bags, and he took it—I paid him 8/., and he put the 40 bags in my place—I sold about 1? of them, and afterwards a constable came—the bags were marked with a star and a C—the prisoner is a draper in White Cross Street.
Cross-examined. Jones is a costermonger—I have been in the potato trade three or four years, and have often bought sacks with that mark—I considered that I was paying a. fair price for them, or I would not have bought them—they had been rather wet, and the weather was frosty.
JAMES BAY . I am chief clerk to George Beeson, of Tooley Street, potato salesman—in February I received a bill of lading for 200 sacks of potatoes, to be received from Messrs. Rickon, the agents for Mr. Beeson—they have a star and a C on their bags—I expected them by the Plover—I had sold none of them.
Cross-examined. Half a million bags marked with a star and a 0 come to our firm in a year—we are the sole agents.
GEORGE REE . (Thames Police Inspector). On 10th February I went to Mr. Bowen's premises in Chequer Alley, St. Luke's, who showed me 40 empty sacks; the potatoes had been shot in a cellar and were loose—this (produced) is one of the sacks, it is marked with a star and a C—I also found a full sack differently marked—I wrote letters to two of the witnesses—I was not present when Newman identified the prisoner—I saw a lot of people arranged in the gaoler's room, and was told to leave.
WILLIAM HOELOO . (Police Sergeant). I was present when Wallace was convicted at the Surrey Sessions—I took him in custody on 7th January, at a linendraper's shop in Whitecross Street, and the prisoner was sitting at the back of the shop—I went there again the tame evening
after Wallace and Jones were in custody, but could not find him—he was brought to the station on 20th April.
ROBERT BOTTOMLE . (Detective Sergeant G). On 20th April I went to 43, Morris Road, Poplar, and found the prisoner in a bedroom—I told him the charge—he said "Yes, it serves me right, I have been a fool, I had no business to have anything to do with them."
GUILTY. of stealing the potatoes and each only.
He then PLEADED GUILTY. to a conviction in August, 1877.— Five Years' Penal Servitude.
Before Mr. Justice Bowen.
MR. MONTAGU WILLIAM. Prosecuted;
MR. TICKEL. Defended
GUILTY .— Twenty Years' Penal Servitude.
Before Mr. Common Serjeant.
MR. POLAN. Prosecuted.
MARGARET BROW . My husband keeps the Railway Bell, Upper Kennington Lane—on 7th May I served the prisoner and another man with a pint of ale; he gave me a florin, I gave him 1s. 10d. change, and put it in the till where there was no other florin, as I had just given change for a sovereign—in about 10 minutes I found that the florin was bad—so other florin had been put in the till—I put it in my purse and afterwards gave it to Burroughs—next evening, Saturday, the prisoner came again with two other men—my husband served them, and he has very bad sight—he showed me a half-crown, and I then recognised the prisoner—we found the coin was bad and gave the prisoner in charge—he said that he was not there the night before, but I am quite sure he was, and 1 heard him say at the police-court that he was there on the Friday night—he said that a woman gave him the florin for carrying a parcel.
WILLIAM CHARLES BROW . On Saturday night, 8th May, I served the prisoner and two other men—one of the others put down a half-crown—my sight is not good, but I felt the coin and gave it to my wife—the other two men left immediately—I asked the prisoner what he meant by passing bad money—he said "I did not do so"—I said you were in company with those who did—I gave him in custody.
JANE PEACOC . I am laundry woman at 9, Red Cross Street, Borough—I was at the Railway Bell on 7th May, and saw the prisoner come in with another man—he called for some beer, and I saw him give Mr. Brown a florin—next night, Saturday, I saw the prisoner there again with one of the same men and another man, who tendered a half-crown to Mr. Brown for a pot of ale—I have no doubt about the prisoner.
HENRY BURROUGH . (Policeman L 161). The prisoner was given into my custody, and Mr. Brown gave me this florin and half-crown—the prisoner said that he had not been in the house for six weeks before—I took him to the station—I found nothing on him—he gave his address, Thomas Pemberton, labourer, 11, New Road, Battersea.
have lived at 11, New Road, Battersea, 16 months—I do not know the prisoner; he does not live there; nobody lives there but my family.
The prisoner in hit Statement before the Magistrate and in his Defence said that he received the florin from a lady for carrying a parcel, and that the two men asked him to drink on the Saturday.
GUILTY .— Twelve Months' Imprisonment.
MR. POLAN. Prosecuted; MR. WILL. Defended.
EMILY BARBE . I am barmaid at the White Lion, Kennington Park Road—on 16th April I served the prisoner with twopenny worth of I whisky—she gave me a half-crown—I put it in the till and gave her 2s. 4d. change—there was no large money there—I served no one after—I wards—in about an hour Mr. Baddell came into the parlour where I was, and showed me a half-crown, which I found to be Dad—on 22nd April, almost at the same time, the prisoner came in—I recognised her directly she entered—she asked for threepenny worth of whisky, and gave me a half-crown—I took it to my master, who was in the cellar—he examined it, came into the bar, and said, "You gave this young lady a bad half-crown"—she said, "I was not aware it was bad—I am sure she is the woman who was there on the 16th.
Cross-examined. There are two tills—I went twice to the police-court—I said that it was Thursday when she first came, but I made a mistake; I said the second time that it was Friday—she was only in the bar a few seconds the first time—I had never seen her before—I was looking out during the week to see the woman again, and knew her directly she came in—she was dressed the same except her bonnet.
Re-examined. I am sure it was the day that Mr. Bennett brought me the half-crown into the parlour—I gave no change the second time. Samuel Bannell. I keep the White Bear—on 16th April I cleared the till just before 3 p.m., leaving the barmaid in the bar for half or three-quarters of an hour, and then I went in and she went into the parlour—I cleared the till and found one half-crown, which was bad, and other money—I took it into the parlour and showed it to the barmaid, who gave me a description—I put the half-crown on one side—on 22nd April the barmaid came into the cellar and showed me a half-crown—I went upstairs with her, and saw the prisoner in the bar—I said, "You have passed a bad half-crown"—she said, "I was not aware it was bad"—I said, "You passed one a few days ago"—she said, "I was never in the house before"—the barmaid said that she was quite certain of her, and I gave her in charge with the two coins.
ROBERT HOW . (Policeman L 246). I took the prisoner and told her it was for uttering two bad half-crowns—she said, "I was not aware it was a bad one, and I was never in the house before"—she gave her name, but said that she had no home.
Cross-examined. She said that she was an unfortunate, but said nothing about the money being given her by a gentleman.
GUILTY .— Nine Months' Imprisonment.
MR. HAIG. Prosecuted; MR. BESLE. Defended.
JAMES PETTI . I am one of the firm of Pettit and Co., wine and spirit merchants, 71, High Street, Borough—the business was purchased about five years ago—the prisoner has been in our employment since that time—for the last 18 months he has been in a higher capacity than previously—his duties were to call on customers to solicit orders, to collect account, to pay the money or cheque to the cashier next morning after he has received it—he had never been authorised to sign the name of our firm on Friday, 7th May, my cashier pointed out to me several over due accounts—one was that of Mr. Downton—the prisoner was present—the cashier said, "Mr. Downton has lost a deal of money lately"—the prisoner said, "Brock's, the firework people, owe him a deal of money, but the account will be paid almost immediately"—I called at Downton'i that same evening; I had a conversation with him—on the Saturday I went to my place of business about 5 o'clock—the prisoner was standing at the door—he asked to speak to me—he said, "I understand you hart been to Mr. Downton's; I hope you will have mercy on me," and he confessed to having taken several sums; he gave me a list—I never received this cheque from the prisoner—I never authorised him to sign the endorsement. (The cheque was on the City Bank for 94l. 12s. 1d. payable to James Pettit and Co., signed L. Reym, and endorsed James pettit and Co.)
Cross-examined. I have received 94l. 12s. 1d.—I do not know how it was paid in because he received money from other people—my cashier has since told me that there was a memorandum with it—I did not know that at the time—the prisoner was in my predecessor's employment—he bore an irreproachable character—I had no reason to find fault with him—I promoted him eighteen months ago—he has a wife and two children—the memorandum of sums amounting to 911l. 13s. 1d. was dictated to some one to write for him—with the exception of some small errors it appears to be a true account of actual embezzlements so far 88 it goes, but I do not think all the sums are there—I have made inquiries—I believe he received 5l. from Messrs. Coleman the same day, and 6l. from Mr. Stone—I do not expect to make the bankers pay the 94l. 12s. 1d. on account of the endorsement—the prisoner confessed he did not intend to pay the 94l. 12s. 1d.—that was after he was indicted—he said he should not have paid that money of Keym's unless he was found out—he did not say he intended to put it to Downton's account—he did not bring the money the next day—I do not see that I am the better off for his bringing it—I simply wish to lay the facts before you for the law to take its course—the prisoner does not admit the forgery, and I simply say it is a forgery—I do not want him punished separately for that—I do not know that he intended to apply the 94l. 12s. 1d. in covering previous defalcations—if he had not been found out he would have kept the money—his bringing it back was possibly a purchase of my leniency—that is my idea—he said that he intended to apply the moneys received from Reym to cover other
moneys that he embezzled from other persona—I had not suggested that according as the money was brought to me I would consider his sentence—I never asked him to bring in moneys and I would consider his case more leniently—I do not know what his motive might have been—I did not suggest to his wife that the more money was restored the more lenient I would be—that suggestion in no way emanated from me—he was very much affected when he stated that he had robbed me—he said it was entirely owing to betting; that it had been going on for more than a year, and that he had gone on in the hope of recovering himself—bis wife appeared affected too—I saw her afterwards—he has been in custody since 10th May—when I discovered the defalcations I immediately went out statements to all the customers that he called upon—I have no knowledge that he intended to pay the 94l. at all—I believe he changed the cheque on purpose to keep the money for himself—I had not seen my cashier when I saw the prisoner waiting for me.
Re-examined. 94l. 12s. 1d. was not mentioned On the Saturday at all—not till the Monday when I went to the bank and found that the cheque bad been presented—my solicitor was with me at the interview with the prisoner—on Saturday he cautioned the prisoner not to say anything unless he liked, as what he said would be taken down and would be against him—we have received many replies from our customers, but not from all.
JOHANN LUDWIG RHY . I keep the Horse Shoe Inn, Greenwich Road, Bermondsey—I am a customer of Messrs. Pettit and Co.—I know the prisoner as their collector—on Thursday, 6th May, about 11 a.m., I gave him the cheque produced—it has been sent back to me from the bankers.
Corss-examined. I have known, the prisoner four or five years—before this infatuation in betting he was always thoroughly business-like in all his transactions, and bore an irreproachable character.
HENRY JOHN WOODINGTO . I am cashier of the Ludgate Hill branch of the City Bank—this cheque was cashed on 7th May by our bank—I should say it was after 2 o'clock by the work on my books—I cannot say who cashed it.
FREDERICK FOUNTAI . I am cashier to Messrs. Pettit and Co.—on Saturday, 8th May, when I arrived at the office, I found on my desk 94l. 12s. 1d. wrapped in a slip of paper, and on the paper was written "Reym" in the prisoner's writing—the prisoner was standing at the door; he said "I think Mr. Pettit will be up this morning"—I said "Why, Sir?"—he said "I have robbed the governor; say a good word for me"—I did not receive the cheque produced from the prisoner at anytime.
Cross-examined. He appeared to be deeply affected—I bad known Mm before he was collector—I have known him about five years—he has. borne an irreproachable character—I have heard him say that he betted—I have no idea of the losses he made.
The prisoner received a good character.
GUILTY .— Five Years' Penal Servitude.
Before Robert Malcolm Kerrr, Esq.
MR. WATT. Prosecuted.
EMILY WILKINSO . I live at 42, Charles Street, Wandsworth—prisoner is my husband—on 2nd May I asked him if I might hare some meat—he said "No, you will have no meat here; you must go and was for your meat"—I said "Well, I have had hard enough work this year'—I went to get the meat—he threw it out of the house—he got a knife caught me under the arm, gave me a black eye, and stabbed me—he had been naughty all day—I was faint—I was getting a drink of water when the landlord came in—I was sober.
Cross-examined by the Prisoner. You were not in bed when I came in—Martin was the first who came in—Wakefield, the landlord, is not here—nobody saw it done—I did not strike at you—you knocked me into a corner—I said "You have done it now"—I have sold up the how because I have been forced to for meat—I have left you because of your conduct and your sister, father, and mother coming—I did not hear you say to anybody "You see how she is carrying on"—I did not come upstairs and wake you—Jim Wakefield waked you—I kept your dinner warm for you—you did not say "Emily, do be quiet, and let us make things as comfortable as we can"—you said you were sorry you had not stabbed me to the heart, and you would before night—then I sent for a constable—you sat in your chair by the fireside, and were smoking your pipe when the constable came in—I did not call your mother—I was not able to strike you—I fell back in the corner, and then got up again on a chair.
HENRY WRIGHT LOMA . I am a surgeon of 260, Wandsworth Road—on the evening of 2nd May I was called by the police—I saw the last witness and dressed the wound—it was the third of an inch in length, under the right orbit, extending to the bone, and there was a great deal of bruising and blackening—the wound would be caused by such a knife as this—it was not dangerous to life—I could not tell what force then was—I do not think it could be caused by falling against the mantel-piece.
HENRY THOMAS MARTI . I live at 42, Charles Street, Wandsworth on Sunday evening, 2nd May, I met the prosecutrix in the passage as I was coming from the dockyard—her face was covered with blood—I asked her what was the matter—she said "My husband stabbed me is my face"—I went to him and asked him what he had done it for—he said "We have only had a few words"—I said "You should not hare done that"—he said "She has been aggravating me; if she cornea again I shall show her what for"—he was not the worse for drink; he had been with me all the morning.
Cross-examined. You were talking to yourself—I did not hear what you muttered—you did not say to me "Ted, you see how she is carrying on," nor "I do not want to hit her; I never do it"—you got a woman home once, and tried to strangle your wife, and said you would do it again—you told me she had brought you up before the Magistrate before—she would not have done that only you dragged her along the road by the hair of her head—I saw blood all over the room—I did not follow you out of the house at all—I stood at the door—this is the knife. The Prisoner's Statement before the Magistrate. "I never hit the woman in my life. I never had such a thought cross my memory. She had me
up before at Manchester. I learned from her that if she could get any little pull at all on me she would do her best to punish me, so I kept my hands to myself."
GUILTY .— Twelve Months' Imprisonment.
The COUR. mads an order to seperate the Prosecutrix from her husband, giving her the ears of her children, the prisoner to pay her 5s. a week.
MR. WILMO. Prosecuted.
ELIZA ROMA . I am a widow, living at Dash wood Road, Battersea—on 29th April I was returning home down the Wandsworth Road—at the corner of Brooklands Road the prisoner threw me down and took my bundle of clothes—we struggled—I called out "Murder!" and "Police!"—he took me by the throat and threw himself on to my chest—I saw him stopped by a railway policeman—he had the bundle with him when he was given into custody—I recognise the articles as mine.
ALEXANDER GOURLE . (South-Western Railway Constable). I was on duty at Nine Elms on the 29th April, at the entrance to the Locomotive Department, Brooklands Road—I heard screams and a cry of murder—I went outside the gate—I saw the prisoner run under a lamp with a bundle in his hand—I tried to stop him, but he gave me the double—I ran him in and asked him why he had been ill-treating the woman—he said "She has been thieving, and three constables on the embankment have set me on to watch her; she has stolen property, and it is under her clothes"—I said "What is this bundle you have got?"—then the woman came up and said "Look what he has done to my eye"—there was a mark on her cheek—I took the bundle from the prisoner—she said "Give him in charge"—I said "I am not a metropolitan policeman, but I will hold him while you get one."
FEEDERICK STIRLIN . (Policeman W 37). The prisoner was given into my custody on 29th April, a little after 1 a.m., by Gourley—he appeared to be sober—he had a hat on—he made no answer to the charge—the woman had a bruise on her eye.
Prisoner's Defence. I never touched the woman at all.
GUILTY .— Two Years' Imprisonment.
MR. PURCEL. Prosecuted.
LEVY HARVE . (Policeman P 449) On the night of 25th April I was near the Congregational Chapel, West Dulwich—I heard a noise inside—I spoke to another constable—the chapel-keeper was fetched—he brought the keys—we went inside and on a chair in the vestry we found a pair of boots—I lit the gas—I heard a crash of glass—I had left the other constable outside—I also found a hat lying on a seat where the window was broken.
HENRY CO . I live at 51, Park Road, West Dulwich, and am an accountant's clerk—I am one of the deacons at this chapel—about 4 am. on 26th April I was aroused by two constables—I went with them to the chapel—one of the windows was broken—the hole was large enough for a man to get through, and broken glass was lying on the
cushion of the seat and on the floor—two cupboards in which the boys Sunday-school library was kept were broken open—nothing else was disturbed—I went to the police-station and said to the prisoner "How came you in the chapel?"—he said "I went to pass the time away and fell asleep"—the constable said "Nonsense, where are the tools?—he said he had a plain-handled knife and a screw-driver, but he lot them—I said "What are you?"—he said "A labourer"—I said "Where were you engaged last"—he mentioned some building had been in the chapel at 8.30. the cupboards were then safe and the windows not broken—I never saw the prisoner before.
NAOMI WILKIN . I am the chapel keeper—I locked up the chapel about 8.58—no one was there then—I had been up and down the chapel three or four times to collect the books while they were in the prayer meeting—the window was not then broken.
JAMES GLOVE . (Police Inspector P). I examined this chapel and found one of the windows was broken open—some of the panes were taken carefully out and left on a ledge outside—others were broken—then were no marks of a chisel—I found a screw-driver in one of the cup-boards on a shelf—there were marks on the cupboards—I found this pick-lock lying on the mantelpiece—I searched the prisoner and founds piece of wire on him similar to that in the window which had been opened.
TITUS RIDDL . (Policeman PR 31). Harvey spoke to me and we went to this chapel—I watched outside; I heard a crash—I saw the prisoner sitting on the rails—he said "Halloa, I will give myself up"—I said "All right, it is no use your doing anything else now; come on hen then"—he said "I have no boots"—I said "Where are they?"—he said "In the chapel"—I said "Come on, we will go and get your boots"—going round to the chapel he said "I have cut my hands with the glass through the window—we went and got his boots—he also said "I got in while the chapel was open, I could not get out; I got through the window, and should have been out before, but I saw a policeman standing watching, and I was afraid he would take me into custody, thinking I was a thief, so I got in again."
The Prisoner's Statement before the Magistrate. "I did not break into the church, I only broke out of it. I did not break the window with the tools, as I had not got them. I broke the window with my fist. I could not find the tools, I must have lost them in the field where I slept during the day."
GUILTY .— Nine Months' Imprisonment.
ADJOURNED TO MONDAY, JUNE. 28TH., 1880.