CENTRAL CRIMINAL COURT
ELEVENTH SESSION, HELD SEPTEMBER 13TH, 1880.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAND, BY
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, September 13th, 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 Hon. Sir NATHANIEL LINDLEY , Knt., one of the Justices of the Common Pleas Division of the High Court of Justice; The Hon. Sir JAMES FITZJAMES STEPHEN, Knt., one of the Justices of the Exchequer Division of the High Court of Justice; THOMAS QUESTED FINNIS, Esq., Sir THOMAS SCAMBLER OWDEN, Knt., and Sir CHARLES WHETHAM, Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; JAMES FIGGINS , Esq., one other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
HENRY KELLY BAYLEY, Esq.,
HENRY HOMEWOOD CRAWFORD, Esq.,
CENTRAL CRIMINAL COURT.
TRUSCOTT, MATOR. ELEVENTH SESSION.
A star (*) denote 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, Sept. 13th, 1880.
Before Mr. Common Serjeant.
For the case of Stewart and Grant see Surrey Cases.
FOURTH COURT.—Monday, Sept. 13th, 1880.
Before Robert Malcolm Kerr, Esq.
465. GEORGE CRANFIELD (16) and WALTER REAVES (17) PLEADED GUILTY to unlawfully uttering counterfeit coin, Cranfield having been before convicted. CRANFIELD.— Twelve Months' Imprisonment. REAVES.— Two Years' Imprisonment.
466. JOHN ERSKINE (29) to embezzling the sums of 10l. 16s. 6d., 25l. 14s. 2d., and 8l. 18s., also to dealing 12l. 5s., 6l. 10s. 5d., and 14l. 5s., also 12l. 5s. 5d., 6l. 10s. 8d., and 14l. 5s. of the Carron Company, his masters. [Pleaded Guilty: See original trial image.] He received a good character.— Five Years' Penal Servitude.
468. ARTHUR DOBSON (20) to feloniously forging and uttering an order for 50 cheques, also a cheque for 230l., with intent to defraud.— [Pleaded Guilty: See original trial image.] Twelve Months' Imprisonment.
469. And ARTHUR TAYLOR (17) to burglariously breaking and entering the dwelling-house of William Clings, and stealing a pair of boots, also being in the dwelling-house of Emile Brumo Clements, and stealing a leg of mutton and other articles his property.— [Pleaded Guilty: See original trial image.] Ten Months' Imprisonment.
MESSRS. E. LLOYD and DE MICHELE Prosecuted.
31st July, about 11.10 p.m., the prisoner tendered me a bad half-crown for a glass of ale; I told him it was bad, and it was not the first time he had tendered bad money there—he said that it was the first he had been in the house—I recalled the circumstance to him, and he said, "Yes, I was here once before"—I said "You have been hare more than that," and that I had got a bad shilling which he passed 12 or 14 days before—he said that he had not; I gave him in charge with the half-crown.
Cross-examined by the Prisoner. I gave you the change for the shilling, and you rushed out of the shop, or I should have stopped you.
BENJAMIN LANE (Policeman G 227). I was called to the Wheelers' Arms, and saw the prisoner there—Mr. Wootton said that he had been there before, which the prisoner denied, but afterwards he said "Yes, I have been here once before"—Mr. Wootton gave me this half-crown and shilling (produced), and I received another half-crown from Winter—the prisoner gave me 10 shillings and 1s. 4 1/2 d. in bronze.
WALTER WINTER . I am a fishmonger, of 18, Farringdon Road—on 31st July, about 10.45 p.m., I served the prisoner with a bottle of lemonade—he gave me this half-crown (produced)—I gave him a florin and some coppers in change—as he went out I looked at the coin, and found it was bad, but he was gone—I saw him pass the door in custody 20 minutes afterwards—I went to the station with the half-crown.
Prisoner's Defence. I picked the coins up, and did not know they were bad. If I had been told that the first was bad I should not have passed the second.
GUILTY **.— Two Years' Imprisonment.
MESSRS. E. LLOYD and DE MICHELE Prosecuted.
MARY ANN UNDERHAY . My husband keeps the Marquis of Lorne, St. Martin's Lane—on 17th August the prisoner gave me 1s. for some drink—I found it was bad, and went out and got a constable—I gave instructions to my potman—the prisoner came over to me, and I gave him in charge.
Prisoner. I went out of the house to find a place of convenience, and then went back.
JAMES MARSHALL . I am an upholsterer, of 22, Cecil Court, St. Martin's Lane—on 14th August, between 8 and 9 p.m., I was at the Thistle and Crown, St. Martin's Lane—the prisoner came in and asked for change for a florin—I saw the mistress serving, so I said "I will give you change"—I gave him 1s. and two sixpences, and he gave me a florin, which I put in my pocket—I had no other florin there—he went out; I afterwards found that the florin was bad—I bit it, and broke it in half, and next morning threw it away—I was in the Marquis of Lorne two or three days afterwards, the prisoner came in—I recollected him, and told him he had given me a bad florin three days before—next morning I went to Bow Street and picked him out.
Prisoner's Defence. I received the money in change for a half-sovereign.
NOT GUILTY .
MESSRS. E. LLOYD and DE MICHELE Prosecuted; Mr. FRITH Defended.
ELLEN MARIA SMITH . I live at 2, Lock's Fields, Acton—on 6th July I was in charge of a stall at a bazaar there—the prisoner came up, and bought A brush for 2s. 6d.; he gave me a half-sovereign; it see me light, and I gave it to Mr. Adeney—I think the date was 1877.
Cross-examined. I gave evidence last Session when the prisoner was tried, and the Jury could not agree on a verdict.
WALTER FREDERICK ADENEY . I am a Congregational minister at Acton—on 6th July Miss Smith handed me a coin in the form of a half-sovereign; it seemed light, and I showed it to Mr. Chamberlain, and afterwards to Mr. Jennings—I told the prisoner it was bad; I did not hand it to him, but he took it out of my hand, and rang it on the ground; it sounded flat and dead—he then took it up, held it in his left hand, and passed it to hit right, then to his left again, and took out his handkerchief, held it over hit left hand for a moment, then held it to his mouth, and Mr. Jennings said "He has swallowed it"—we watched him till a constable came—he was given in custody.
Cross-examined. I may have said at the police-court "I saw no movement of his throat"—I did not see his throat—I do not think he was blowing his nose—only Smith, Chamberlain, and I handled the coin—I do not believe Jennings handled it, but I showed it to him; others may have looked at it, but it was in my hand—I did not go to the door to look if the police were coming—I do not think I left the prisoner at all.
SOLOMON JENNINGS . I am a laundryman, of Park Road, Acton—on 6th July Mr. Adeney called my attention to a half-sovereign which was in his hand, but he did not give it to me—it looked bad—the prisoner took, it from him, and rang it on the floor twice; it sounded bad; he then took it up, passed it from one hand to the other, took out his handkerchief and attempted to blow his nose, and in so doing he seemed to put something to his mouth, and when he took the handkerchief away he seemed to have something in his mouth—I saw his mouth and throat move, and he swallowed something—he was asked for it, and made no answer—I did not see it again.
Cross-examined. I have never said anything before about seeing by his mouth that he swallowed it; it did not occur to me—it was a boarded floor—I gave the same evidence on the last trial, and the Jury could not come to a verdict.
Re-examined. I said last time that in putting his hand to his mouth I saw his throat move.
ROBERT E. CHAMBERLAIN . I am head of the security department of the National Provincial Bank of England—I have been there 26 years—I was at this bazaar at Acton on 26th July—Mr. Ardeney showed me coin, which I took in my hand, and from its exceeding lightness I have no doubt it was bad—I returned it to Mr. Adeney, and saw him give it to the prisoner, who struck it on the ground twice—I believe no one else had it in their hand—from the sound it was undoubtedly bad—it was the worst I ever heard—I did not see the prisoner put his hand to his mouth—my back was turned.
BENJAMIX FARMER (Policeman X 158). I was called to the bazaar, and the prisoner was charged with passing a bad half-sovereign—he said nothing—I searched him and found two good half-crowns and four pence, but no half-sovereign—he refused to give his address to the inspector.
Cross-examined. Two or three men came to see him searched, and he complained that one of them touched his coat—I told the man to put his coat down.
Cross-examined. I did not say on the last occasion "No one but an expert could detect it"—this (produced) is a light half-sovereign, but it is good—the best test is to bend it—a bad one will double up and it will not rebound—a good one if cracked would not rise at all, and would give a flat heavy sound.
NOT GUILTY .
MESSRS. E. LLOYD and DE MICHELE Prosecuted.
MARGARET SULLIVAN . I am barmaid at the Craven Arms, Craven Court, Strand—on 16th August about 7 o'clock I served the prisoner with six-pennyworth of rum—he tendered this coin—I said "This looks very bright" he said "Yes, it is just made"—I said "It feels very light"—I showed it to Jarvis, and the prisoner was given in charge—a woman was with him.
Cross-examined by the Prisoner. The woman did not put the coin down—I did not hear her say that her girl picked it up.
JANE JARVIS . I keep the Craven Arms—Sullivan is my barmaid—she showed me this medal, and I asked the prisoner if he knew what he had given her—he said "A sovereign"—I said "No, and I shall send for a policeman and have you locked up"—he said that the woman with him had a child who picked it up on the Embankment, and they were going to divide it between them—he pulled out some coppers and offered to pay—I gave him in custody.
JOHN OLIVE (Policeman E 83). The prisoner was given into my custody—he said that the woman's little girl picked up the coin on the Embankment, and he did not know what it was—I found on him 1s. 7 1/2 d. in bronze.
Prisoner's Defence. I should know a sovereign if I had it in my hand, but I never had it The mother asked me to come in and have a drink, as her daughter had been so lucky as to pick up a sovereign.
NOT GUILTY .
OLD COURT.—Tuesday, September 14th, 1880.
Before Mr. Common Serjeant.
MESSRS. COWIE and BAGGALLAY Prosecuted; MR. SIMS Defended.
ROBERT BRADFORD . I am a travelling clerk attached to the missing letter branch of the General Post Office—in consequence of the loss of registered letters I was instructed to make investigations—on 3rd September I made up a test letter, and put in it five half-sovereigns, two shillings, and sixpence—I had previously marked them—I addressed the letter to Messrs. Rosenthal and Brunner. 18, Rue de Rivoli, Montmartre, Paris—it was in a registered letter envelope, and I sealed it down with the gum seal and posted it in the E.C. letter box at 4.50 the same day—I made a communication
to Inspector Martin at the office, and he afterwards communicated something to me—in consequence of that I sent for the prisoner, and saw him in the Inspector's room about 6.25 the same day—Constable Fry was there—I said to the prisoner "I am an officer from the missing letter branch; are you about to go out on your 6 o'clock delivery?"—he said "Yes"—I said "Are the letters in your bag for that delivery"—he said "Yes"—I said "Have you anything in your bag belonging to the post-office not on your delivery?"—he said "No"—I said "Were you facing up the collection between 5.15 and 5.45 this evening"—he said "Yes"—I said "At what table"—he said "No. 3"—I said "Did you see a letter addressed to Rosenthal and Brunner, 18, Rue de Rivoli, Paris?"—he said "No"—I gaid "I posted that letter at 4.50 this evening out of course, as several letters similarly posted are said to be missing; do you know anything about this letter?"—he said "No"—I said "Have you anything about you belonging to the post-office or at your lodging?"—he said "No" I said "I suppose you have no objection to be searched"—he said "No"—I told Fry to search him—the prisoner took off his coat and placed it on the table, and as he was doing so he removed a handkerchief from his tail coat pocket, and began to cry and wipe his eyes with it—Fry went on with the March—he searched the pockets of his trousers and waistcoat, but found nothing relating to the letter—at that time the prisoner had his handkerchief in his hand—Fry then went downstairs to search the prisoner's looker—the prisoner then put the handkerchief back in his right hand trousers pocket—when Fry returned I told him to search the prisoner again, and I told the prisoner to take off his trousers—he began unfastening them, and removed the handkerchief from his trousers pocket again—I told him to put it down, and pointed to, the table, but he stooped down and put it on the floor—Fry went to pick it up, and he asked the prisoner if there was anything in it—he said "No"—Fry then picked it up between his finger and thumb, and one corner fell down—he then untied a knot in that corner, and handed me the five half-sovereigns, two shillings, and sixpence, which I identified as the coins I had marked and put into the letter—I said to the prisoner "I identify these coins as the same I enclosed in the letter I have been asking you about; do you wish to say anything about them?"—he said "I have had them two or three weeks; I don't carry them for any particular purpose"—I found nothing of the letter or envelope.
Cross-examined. I did not see the prisoner from the time I posted the the letter till he was examined—I had told Martin what to do with the letter—Clark was on duty at the time—I said nothing to him, I presume Martin told him.
RICHARD MARTIN . I am an inspector attached to the E.C. district of the General Post-office—the prisoner was employed there as a letter carrier—on the evening of 3rd September Bradford spoke to me, in consequence of which I went to the the letter-box at the E.C. office at 4.50, and took out a letter addressed to Messrs Rosenthal and Brunner; it was in a registered letter envelope—at that time the prisoner was employed in the facing-room, facing up letters at the table—I saw the letter placed among other letters by Woodward, an officer employed for that purpose, and placed before the prisoner; that was about 20 minutes past 5—it would be his duty to take such a letter to the overseer on duty in that room, and it would then be taken to the "Out of Course" room to be entered in a book kept for the
purpose—at 6.30 I saw the prisoner again as he was leaving the office to go on the 6 o'clock delivery—I stopped him and took him into the Inspector's room, where Bradford was.
Cross-examined. There are four facing tables and about five clerks to each table—I did not see this particular letter when the letters were turned out on the table—I saw Woodward place out on the table all the letters he had in the bag.
JOSHUA CLARK . I am an acting overseer at the E.C. office—on 3rd September I was on duty there from about 5.30, and in consequence of what I heard I watched the prisoner—he was engaged in facing letters at the table—about 6 o'clock I saw him go towards the basement, where the water-closets are situate; he was away about eight minutes—I spoke to Mr. Martin.
Cross-examined. I was close to the facing table—I first knew about this letter about 5.15, Martin told me—there are about 20 water-closets, they are common to the whole of the clerks and officials—there were about 150 men encaged in sorting letters at this time.
GEORGE HENRY FRY . I am a police-officer attached to the General Post-office—on the evening of 3rd September I was directed by Mr. Bradford to search the prisoner—I have heard his evidence, it is correct—as soon as I commenced searching the prisoner he put his handkerchief to his eyes and exclaimed "Oh, my poor father, my poor father!" and seemed very much distressed.
Cross-examined. I know that his father had been a number of years in the Post-office, and had retired with a pension.
The prisoner (who had been 9 years in the Post-office) received an excellent character.
GUILTY Strongly recommended to mercy on account of his previous good character.— . Eighteen Months' Imprisonment.
MART FLOOD . I am the prisoner's wife—on the Saturday night before the Bank holiday I went to 3, Gray's Buildings for my children—about 40 minutes afterwards my husband came in the worse for drink; he did not speak to me—he had a small pocket-knife in hi* hand; he struck me, but what with I don't know; it was on my forehead—I fell off my chair, and said to my brother "I am stabbed"—I know nothing more—my brother picked me up—the prisoner ran downstairs—I followed him and gave him into custody—I did not know I had another wound in my neck till the doctor saw it; it was at the back of my neck—I was sober.
Cross-examined. I was married in 1867—my husband was then a sailor in the Royal Navy; he was discharged in May, 1868, with a first-rate character—five or six years ago he joined the Phoenix Temperance Society—on 10th June last he left me and went to America—I don't know what he went for; he did not tell me he was going—he wrote to me from America and said he had no thought of leaving me and the children, and he would send me money when he got work—he was at one time employed at a coffee tavern, also as clerk of the works to a builder, and received 5l. when the work was finished—he had a medal; all the men teetotallers have
medals—he never stabbed me before, he has assaulted me—he came from America on the Tuesday before this Saturday that he stabbed me—I was then living with my sister-in-law, in Gee's Court, Oxford Street—I know a man named Thorn, he is a mate of my brother's—he was not living at my sister-in-law's while my husband was away—when my husband came back he wanted me to live with him again; I refused—we were drinking together on the Tuesday, Wednesday, Thursday, and Friday, not on the Saturday—I saw the knife on the Saturday morning, a young man gave it to my husband, not to me—there was a scuffle when he stabbed me; I tried to get away, my brother knocked my husband down with a chair—I was just going to leave the room with my child when my husband came in—I charged him with stabbing me in the arm 11 years ago—I did not make that wound myself—I did not make a false charge against him two years ago for stabbing me, my head was cut—I lost a baby a few months ago—an inquest was held—I said then that my husband had struck the baby—I did not hear anything said about prosecuting me for perjury—I am not a teetotaller—I took the pledge once, and kept it for about an hour—I might have taken it twice, I don't remember—I have been in the habit of pawning my husband's things, and his medals, and he has done so himself, for food and drink.
Re-examined. When I took criminal proceedings against him eleven years ago he had three months'—two years ago he was taken before a Magistrate and I did not appear.
JOHN MCAULIFFE . I was with my sister, the prosecutrix, on Saturday, 31st August, at 3, Gray's Buildings, when the prisoner came in—I saw him make a blow at her—I did not see what with—she said "Jack, he has stabbed me"—I saw her bleeding from the neck and forehead, and tried to stop the prisoner—I ran for a policeman, and came back with two—as I was coming back I saw the prisoner coming down, and my sister following him—she charged him—I did not do anything to him, I only stopped him—I did not hit him, he was too strong for me—I did not knock him down.
JAMES PEACHEY (Policeman D 144). I was called to Gray's Buildings on 31st August about 11.40, and there saw the prosecutrix bleeding from a wound in the forehead and one in the back of the neck—she gave the prisoner into custody—I said "Have you a knife?"—he said "I have," and he handed me this small pocket-knife; it was shut—she had said "My husband stabbed me with a knife"—the brother fetched me.
Cross-examined. The prisoner went with me willingly: he appeared as if he had been drinking—he was searched at the station; no other knife was found on him.
FREDERICK WILLIAM SPURGIN . I am divisional surgeon of police—on 31st July, a little after 12 o'clock, I was called to see the prosecutrix—she was suffering from a wound over the left eyebrow, about an inch and a quarter long, of a lacerated and contused character—on the back of the neck on the right side there was a small wound with incised edges, about a quarter of an inch long and a quarter of an inch in depth—I dressed both wounds—the wound at the back of the neck healed by first intention within a very few days—a knife was shown me at the station—I measured the size of the wound—the large blade corresponded with the wound at the back of the neck—the other wound did not correspond with a wound by a knife—blood was flowing from both wounds—the prisoner was in a state of great excitement; I should think induced by drink.
Cross-examined. The wound at the back of the neck might he selfinflicted; it must have been done with a cutting instrument—the prosecutrix seemed labouring under excitement from drink—I remember an inquest before Dr. Hardwicke on a child of the prosecutrix—I was examined as a witness on it—I examined the child to see whether there was any amount of force from a man's hand on it—there was a very slight bruise on one cheek; not such as would be inflicted by a blow—I heard the prosecutrix give evidence—she charged her husband with having killed the child—I think a question was raised as to whether she could be indicted for perjury, but I will not swear to it.
The prisoner in his Statement before the Magistrate alleged that he had no recollection of what took place on the Saturday. He received a good character.
NOT GUILTY .
MR. CUNNINGHAM Prosecuted.
JAMES MOSTYN . I am a wool dyer, of 50, Warner Street, Clerkenwell—on 17th August, about 10.10, I was in Hatton Garden, at the Clerkenwell end—the prisoner rushed upon me, kicked me heavily on the right knee, cutting my trousers through, and inflicting a bad wound on the knee cap—he then dealt me a very heavy blow with his right hand in the chest, with his closed fist, bringing me to the ground—he knocked me down—he then seized my watch and chain, and dragged it from its setting; it was hanging in his hand—I closed with him instantly, caught him by the collar with both hands, and held him—I caught hold of the watch, and it parted at the bow, and the bow is on the chain now—I struggled and called "Police!"—I regained possession of the watch—I was unable to pursue him, through the blow on the knee cap—he also dealt me several blows on the jew, which loosened one of my teeth, and I was obliged to have it out—we were struggling together for about two minutes—during that time I was face to face with him; I have no doubt he is the man—on the following Monday I was taken to the yard of the Clerkenwell Police-court—I saw a number of men there, and immediately picked out the prisoner.
Cross-examined by the Prisoner. You had no hat on, nor any of the others that I saw; they were all standing in a row with their hands behind them—the value of my watch and chain is about 12l.—there was a man with you who I could not recognise—he was a mere lad—he said "Have you got it?"—he took no part in the attack—I have had palpitation of the heart ever since, and have suffered very much, and have not been fit for my occupation.
JAMES HILL (Police Sergeant G). I was present when the prosecutor identified the prisoner in the yard—I placed him with eight others—the prisoner and two others had their hats off—the prosecutor picked him out at once—I told him the charge—he said "I am innocent of this, but I am right for the other."
GUILTY .†**— Five Years' Penal Servitude and Twenty Strokes with the Cat.
FOURTH COURT.—Tuesday, September 14th, 1880.
Before Robert Malcolm Kerr, Esq.
HILL PLEADED GUILTY .
MESSRS. COWIE and BAGGALLAY Prosecuted; MR. MONTAGU WILLIAMS defended Bush.
JACOB NICHOLSON . I am a traveller, of 13, Mulberry Street, Commercial Road—in July last I was at Stow-in-the-Wold—I applied for a post-office order there for 2l. 4s. 6d., and this order (produced) was issued to me payable to J. Webber, at the Post-office, 280, Whitechapel Road—I placed it with a letter in an envelope addressed to J. Webber, 26, Leman Street, Whitechapel, and posted it myself.
MARY LOUISA WOOLSCROFT . I am an assistant at the post-office at Stow-in-the-Wold—this advice note (produced) relates to an order for 2l.4s.6d. which I issued to Mr. Webber from Nicholson—it would be dispatched about 11 a.m on 29th July, and would reach St. Martin's-le-Grand the same evening.
ISAAC WEBBER . I live at 26, Leman Street, and know Mr. Nicholson—I did not receive any letter from him on or about 30th July containing a post-office order—this signature, "L Webber," is not my writing, nor written by my authority.
JOHN CLEGG . I am inspector of letter-carriers at the E. C. office, St. Martin's-le-Grand—the two prisoners were employed there, and were on duty on the evening of 29th July, Hill from 4 to 12 o'clock and Bush from 4 to 8 p.m.—a letter posted at Stow-in-the-Wold at 11 o'clock would arrive at the E. C. office at 5.30 or 6 o'clock—Bush was sorting that evening, and assisting to dispatch letters for the Northern District Post-office—a letter from Stow-in-the-Wold might have been put before him for sorting—he would also have access to letters of advice from the same place—Hill was opening bags—they were both paid their wages on Saturdays.
Cross-examined. There were eight sorters at that table besides Bush—letters from Stow-in-the-Wold would go to that particular table.
CHARLES JAMES STEPHENS . I am a clerk attached to the missing letter department, General Post-office—the prisoners are letter-carriers at the Central District office—in consequence of complaints I instructed Cohen on 30th July, and went to the receiving house, 230, Whitechapel Road, where Miss Hutchings handed me some papers, among which was this order for 2l. 4s. 6d., issued at Stow-in-the-Wold on 9th July—she also handed me this advice—I went with Butler to the Prince of Wales Sporting Grounds, but did not go in—I saw the prisoners there, and followed them to Burdett Road Railway-station—another young man was with them—I said to Hill in Bush's hearing, "Where did you get that money-order from which you cashed at the Whitechapel office this afternoon?"—he looked at it and said, "I did not cash it; I know nothing about it"—Bush said, "What is the matter?"—I said, "We belong to the Post-office; you will have to go with us to the General Post-office"—he said, "What for?"—I said, "You were seen to go to the office this afternoon and cash this money-order"—he said, "I know nothing about any money-order; I have not been to the post-office
in Whitechapel Road"—they were both taken to the General Post-office, where I saw Bush alone, and said, "You were seen to leave the General Post-office this morning, and go to the Goldsmiths' Arms, and you were followed with Hill to the post-office in Whitechapel Road"—he said, "I did not go in; Hill went into the office"—I said, "You told me before you did not go; what did you go there for?"—he said, "Hill said, 'Hold a moment, I am going to get a post-card,' and I said, 'Get one for me,' but he did not get it, there were too many people there, and he gave me my penny back"—I produced the post-office order and said, "Where did you get it? Hill says he got it from you"—he said, "I don't know anything about it; I have not given him any money order"—they were afterwards confronted—I repeated the statement, and also showed him two other money-order, and said that Hill said that they were given to him by Bush—Bush said, "He did not get them from me."
Cross-examined. They were not prisoners when I questioned them—a policeman in plain clothes was with me—it was only right to give them an opportunity of explanation.
MORRIS MYERS COHEN . I was employed by an officer of the Post-office in July to watch Bush—I knew Hill by sight, and have seen them together—on 30th July I was watching at the door of the General Post-office, and saw Hill waiting outside about 11.40 or 11.45, and about 12 o'clock Bush came out and walked towards the Fountain public-house, followed by Hill—I followed them in—they had a glass of stout each—I was in another compartment—I watched them, and saw Bush pass a piece of paper to Hill—they stopped a few minutes, and then walked to the Bank, where they took a Hansom cab and went towards Whitechapel—I took another cab and followed them—Hill left the cab about eight doors on the near side of Whitechapel Road—I followed him—I do not know whether Bush left the cab—I watched Hill to the post-office, 280, Whitechapel Road, about eight doors from where the cab stopped on the other side of the way—he went in and I saw him at the money-order desk and the assistant speaking to him—some money was put on a little slab, and Hill took it up, but I did not see him give anything to the assistant—he left and joined Bush, who was then on the post-office side of the way—I made a communication to Mr. Stephens at the General Post-office, and went with him and Butler to Bow, and pointed out the prisoners in the Prince of Wales Running Grounds.
Cross-examined. I don't know that the Post-office Running Club is held there—I am in the employ of the Post-office to watch suspected persons—I am not a detective—my father was employed by the authorities of Scotland Yard for years, and that is how I became initiated—I get 3s. a day, 3s. 10d. for refreshment, and my travelling expenses.
CHAKLOTTE HUTCHINGS . I am an assistant at the Post-office, 280, White-hapel Road—on 30th July this order for 2l. 4s. 6d. was presented to me for payment—the receipt was signed—I had received an advice from Stow—I n-the-Wold that morning, and asked the person presenting it the name of the remitter—he said, "J. Nicholson"—I then paid the order-Cohen immediately spoke to me, and I made a note of the facts, which I handed to Mr. Stephens when he called.
EDWIN BUTLER . I am a policeman attached to the Post-office—I accompanied Mr. Stephens to the Prince of Wales's Grounds, Bow, in July, and saw the prisoners there—I stood by while Mr. Stephens spoke to Bush, who said
that he had not been to Whitechapel Road, and he also said so at the Post-office—I heard Mr. Stephens speak to him again, and he said that he did not go in and he knew nothing about the post-office order—Mr. Stephens said that Hill said that he received the money-order from him; he denied it—I searched the prisoners, and found on Bush 18s. in silver, and on Hill a sovereign and 4s. 1d.—Bush said that he had changed a sovereign during that afternoon.
Cross-examined. I had taken hold of Bush before I asked him questions—he said that he had not been to the post-office in Whitechapel Road.
Re-examined. He said first that he had not been to Whitechapel Road.
CHARLES HILL . (The Prisoner). I was in the employ of the Post-office in the E.C. district—about noon on 30th July I was at the office at St. Martin's-le-Grand—I saw Bush come out of the office, and we went together to the Goldsmiths' Arms—we left and walked all the way to Whitechapel Road, where I went into the post-office and Bush stopped outside—I presented this money-order which Bush had given me with the name, and received the money—I gave it to Bush, and he gave me a sovereign out of it—we then went to the Prince of Wales Grounds, and I afterwards saw Mr. Stephens at Burdett Road Railway-station, who asked Bush if he had been to Whitechapel Road; he denied it—I afterwards told Mr. Stephens where I got the order, and heard him tell Bush—Bush had given me other orders of the same kind filled in with the name of the payee—he gave me this particular order in the Goldsmiths' Arms—I am quite sure we walked all the way—the proceeds of the other-orders which Bush gave me were divided—I did not see the letters in which any of the orders came.
Cross-examined. I heard Cohen say that he saw a piece of paper pass between us in the Goldsmiths' Arms—I told Mr. Stephens that Bush gave me the order and Bush said that it was false—I have always told the truth about this matter from first to last—I did say to Mr. Stephens "I have not cubed it and have not been to the post-office in Whitechapel Road"—that was not true—I admitted it when I heard that I had been seen there.
HILL received a good character.
Six Month' Imprisonment.
BUSH— NOT GUILTY .
MESSRS. POLAND and BRINDLEY Prosecuted; MR. BESLEY Defended.
LOUIS WENGE . I am agent to Messrs. Roth, of Switze rland—my place of business is in Queen Victoria Street—I have had business transactions with the defendant—he traded as Casper and Co., hardware merchant—in August, 1879, he owed my firm about 800l. for goods supplied, and on 12th August he gave me this bill for 511l. 0s. 4d., drawn on 8th August, on Jasper and Co., and accepted by his brother, payable at three months, at the Central Bank, Newgate Street branch—on 17th July I had another bill for 309l;. 1s. from their firm at four months—the first bill fell due on 18th November, with the three days' grace, and the second on 20th November—about 10th November the prisoner called on me in Victoria Street and said that he could not meet the bill of 511l., which fell due on the 18th, as he had not enough cash at the bank, and asked whether we would assist him to take it up—after some conversation Mr. Shaffler, who was there, allowed him the money, and 434l. was. paid to him, for which
these are his receipts. (These were dated July 1st, for 75l., 80l., and 279l., making together 434l. 14S. 9d.) On 15th November he came again and said that he would bring the money from Birmingham for the bill of 309l. 1s. on the 19th, but he could not promise it for sure, and we should have to renew it like the other—I saw him again on the 19th on his return from Birmingham, and he said he had only received 50l., and we should have to assist him again to take the bill up, and asked for 250l., as he had a small balance in the bank—Mr. Shaffler asked him if the former bill of 511l. was paid—he said that it was, and it was all right—I asked where it was—he said it was in his possession—I then gave him this open cheque (produced) for 250l. on the London and Westminster Bank, which I had received from Mr. Jones, a customer, and he gave me this receipt—this endorsement on the cheque is the prisoner's signature—I saw him again that evening, but not afterwards till he was in custody in June—the bill for 511l. was returned, and the firm had to meet it—Mr. Shaffler took the other bill up for honour.
Cross-examined. Mr. Shaffler has become a partner since the beginning of this year—Mr. Roth, Mr. Adler, and Mr. Vigier are the other partners—none of them are here—we keep no banking account in London, all banking business is done through banks on the Continent—Mr. Shaffler was the representative of the firm when I first had to do with it—I was a clerk under his control, and we lived together some time—I became agent before he became a partner—I was on intimate terms with him for a long time before—he was there before me—Charles Julius Casper attended to the hardware business in Germany—I have brought the bill book to-day—I did not produce it at the last trial—the first transactions were for small quantities of watches, and the credit was a fortnight or 30 days—Charles Julius Casper was on intimate terms with Mr. Shaffler, and in August, 1879, he went to Switzerland to see the firm—it is not a fact that instead of paying 3,000l., 10,000l. was paid—Mr. Roth and Mr. Adler came over to see Mr. Casper in August, 1879, and I was present once at the Charing Cross Hotel—I was not there when a proposition was made that Mr. Casper should be the representative agent of Roth and Co. under my supervision—I never heard Casper propose that Mr. Roth and Mr. Adler should go and examine into the state of his business in Germany—Mr. Ellis is employed by Mr. Dobree, the pawnbroker, of Fitzroy Square—I was confronted with him on the last occasion when the Jury did not agree—I never knew of Casper pawning watches with Mr. Dobree till afterwards—I only know of one pawning, that was in the beginning of June, 1879, but I found afterwards that he had pawned watches there in June, which had come from Roth's on approbation, and I discovered other pawnings a long time afterwards—I have got the book at home of watches passed on approbation to Casper—Mr. Jones is not here, but his manager is—Jones's cheque was not for a pawning transaction, it was for watches sold—he is a gold refiner and jeweller—he does not make advances on watches to us—he did so once—he lent us money and had the watches; he could sell them on our account—I made inquiries about Casper's family in Germany—his father is a most respectable person—watches were not consigned to him at double the market price in London, always at a very low price—I do not deny that he complained of the prices as every other customer does—I have not been present time after time when Mr. Shaffler
made him write acceptances to send to Switzerland—there was no such thing as an accommodation bill for Roth and Co., there was no drawing on him, and no request for other persons to give bills—I know Holford; he is not here—he is a friend of Casper's; he did not say that Casper had written to him to come and see him at the Horseshoe and Magpie, but I saw the letter—I never saw an acceptance signed by him for the accommodation of Roth—Shaffler was in London during these transactions—the only complaint against Casper is in relation to these two bills—I know nothing of Casper telling Shaffler that it was impossible to go on having these charges made against him to meet bills, and that the matter must come to an end—I know nothing of a conversation like that—Roth and Co. were never in difficulties; I know nothing of their requesting that Shaffler should draw if possible for only 200l., as their credit was not sufficient to get bills discounted for a larger sum—Mr. Wenge was at the police-court but was not examined—it was arranged in August, when Casper said that they could not meet their bills, that they should be renewed from time to time, and Charles Julius Casper proposed to take the agency for England and put me in as stockkeeper, but nothing was said about paying off the amount run up against him—he was not to give the security of the hardware business, but I believe it was said that it was like putting the two businesses together—I saw bills drawn by Casper and accepted by Young, of Leadenhall Street, but I do not know whether they were accommodation bills—they were posted off to Switzerland—this bill for 309l. 1s. is in English, but it has on in German "In need with" so and so—that means that if the bill is not taken up by Casper and Co., it goes back to the bankers—it happened several times in September and October that bills after they fell due at the notary's were taken up—they may have been for 200l. or 300l. each—I have seen a letter written to Mr. Adler which was found on Casper, but Wroth and Co. did not communicate with me as to anything found on the prisoner.
Re-examined. All the bills the prisoner accepted were for goods supplied to his firm by ours—this is the ledger containing the transactions between us and the prisoner—we had dealings with Mr. Jones, and got a cheque from him for 250l. on the very day that we gave it to the prisoner—it was not a pawnbroking transaction—Mr. Vigier is in Switzerland; he had nothing to do with the matter.
JOHN ARNOLD SHAFFLER . I live in Switzerland, and am a member of the firm of Roth and Co.—I knew of these two bills being accepted by the prisoner's firm—before the bill of 511l. 4s. became due in November the prisoner called at our place of business in London, and told me that he was unable to meet it, and I advanced him 432l. towards it, so that it should not be returned to our firm—he said that he had 50l. of his own—the bill became due on 19th November, and on the 18th he said "I have not got sufficient to pay this bill," and asked me if I could advance him 250l. towards it—I said "I can do so if the bill of 511l. 4s. has been paid"—he said that it was paid, and it was in his possession—I believed that statement, and gave him 250l., which I got from Jones and Son, as we have no banker in London—that was a trade transaction; we sold them some watches for 250l., got an open cheque, gave it to the prisoner, and he gave us his receipt—that was the last time I saw him—I found afterwards that the two bills had not been taken up, and we had to take them up ourselves—I
remained in London till December 31, 1879—I tried to find him, and had got a warrant from a Magistrate—besides these two bills he owes us between 5,000l. and 6,000l.
Cross-examined. Mr. Vigier's position was inferior to mine—I do not get a commission on sales—I guaranteed bad debts to the amount of half only on salary—I was very intimate with the prisoner's brother, Charles Julius—he came to Switzerland for a holiday in August, 1878, but I did not propose it—I introduced him to the partners—I did not press large quantities of watches upon him, or point out to him watches which would not sell there, being unfinished, which he was to take and do the best he could with—Roth and Co. did not say that they would take bills for six months and renew them; the rule was for thirty days and sixty days prompt—I obtained from Casper his acceptance, and sent them to Switzer land—Casper's bills are not kept separately; they are mixed—this bill is dated November 26th, 1877 (The witness picked out all the bills of Casper and Co.)—it is true that we only complain with regard to the two bills which are before the Jury—no bill of our firm was dishonoured by Casper and Co, and afterwards taken up with cash when in the hands of a notary or an English endorsee, before June, 1879—it is impossible for me to tell how many bills were taken up from the notary—I always sent the bills to Switzerland; there never was an acceptance signed by him and given to me—I first saw Mr. Ellis I believe in June, 1879; he came and said that Casper had shown him an invoice and receipt of our firm, and asked if he had authority to pawn the goods; I said that he had—I have supplied him two or three times with watches to meet acceptances, by pawning—I do not know whether Wenge knew that they were to go to the pawnbroker; he may have—the entries are made in the appropriation book, where we enter every watch that goes out, and we have a special book for Casper's—Casper never told us what he got for the watches, and it was immaterial to us so long as he was solvent—he pretended that in three or four days he was getting money from his bankers in Germany, and he represented that a friend of his was going to advance the money—Mr. Roth and Mr. Adler did not come over in June; I believe it was August or September; Mr. Vigier did not come to London in 1879 I believe; he came in 1878; we spoke of business at the Charing Cross Hotel—Vigier was here, but he was never put in the witness-box—Mr. Lewis was in the case last September and Mr. Kelly—I was not desirous that the prisoner should obtain goods, from other persons and pawn them and redeem the pawnings at Dobree's—I did not propose that he should get goods from Mr. Perrier, of Crosby Hall Chambers, or from Mr. Hine, of Thavies Inn, or from De la Volta, or from Mr. Chaplin, of Rienne, and turn them immediately into money, so as to clear the pawnings—I did not give him the address of parties in Switzerland—I was there two vacations—I mean to say that the names of a number of watchmakers at Solure, in Switzerland, were not given to him; I did not swear so at the last trial—I never suggested that they were to get watches—the bill of 511l. 4s. does not refer to a special parcel of watches given to Casper Brothers for the purpose of pawning; that parcel was bought by N. Casper, of Switzerland, without my knowledge—we never entered these bills in our bill-book in Switzerland; it is not advised as being done on 15th November under date of 8th August; it is not entered at all—I knew that the bill was current; I have not got it because
it has nothing to with our English business—he received the last amount on 15th November, and the bill was due on the 18th—we were in such a condition of finance that we parted with the money three days before it was wanted—November 19th was the last day he saw me, not November 17th; I swear that—I did not say on the last trial that the watches were placed in the hands of Jones for him to give us the money on them with a right for him to redeem them, paying our money—we did not let Jones have watches on that occasion with a right to redeem them—I admitted on the last trial pawning watches with Jones—we have pawned less than 200l. worth of watches with Jones—I do not believe I told the prisoner that until I got the cheque the watches were Jones's, and I could not let him go—I sent the cheque after Casper at 4 p.m.—I do not know that I sent it by Vigier or that Vigier brought the receipt—I saw him on the 19th, but not on the 18th—I wrote this letter (produced) to Casper's father dated 29th July, 1880, inviting him to meet me at Cologne—I say in it (In German), "Nevertheless it even now pains me much to have to open my hand to the criminal conviction of a dear friend"—I saw the father—no proposal had been made as to how much the friends would pay—this is a correct translation (produced)—a parcel of musical boxes was consigned to us from Switzerland early in 1879, and in October we passed them on to him and took the bill—the goods were sold to Beaumont, of Goswell Road, but we did not have the money—it was proposed at Charing Cross that we should take the agency of Roth and Co., and he might place Mr. Wenge in as comptroller, but we never had the least idea of doing that; we saw it was a swindle—I have sworn-that up to 15th November we had perfect confidence in Casper Brothers, but we never trusted them after October; we had confidence that they would pay their debts—I said that I would not allow them to be the representatives—I was not a partner then; I was made a partner in 1880—I was married in March, 1880—as early as September or October, 1879, I told Casper Brothers that it would ruin me if these pawnings were not cleared up, and Wroth was to know nothing about it.
Re-examined. The prisoner's firm always met their acceptances up to June; after that some of them had to be taken up by Casper Brothers at the notary's—I know that the firm was pressed for money—the prisoner was to get money to pay the bill from a friend in Germany, on the security of the watches he had from us—Mr. Ellis came to know whether he was in lawful possession of the watches, and we said that he was—after he got his money from Germany he was to redeem the watches—if he had not taken it up we should have had to take it up ourselves—I was not a partner then, but I had full power to do what I liked—I made Roths acquainted with it in September or October—I saw the prisoner on 19th November; I am perfectly sure of that—the letter in German is dated 29th July; that was after the prisoner was in custody—I had given evidence then, and gone back to Switzerland—I was at one time on very friendly terms with the prisoner—I thought in November that he was solvent, and able to meet the bills—I have never received one farthing from him since he went away, or from his bankruptcy estate.
Cross-examined. It was the last payment but one that day.
GEORGE PITT . I am manager of the Central Bank, Newgate Street branch—Casper Brothers had an account there—their place of business was at Walbrook—these two bills are made payable at our bank—on 18th November this bill for 511l. 4s. was dishonoured—at that time 115l. 17s. was standing to the credit of Casper Brothers—on 20th November 105l. 7s. was standing to their account, but we had a lien upon that for bills discounted for the firm—he had no power to draw that out.
Cross-examined. This is a copy of his account—the notary's answer on the face of the bill is "Bank closed for the day; will be attended to"—that was the bill of 15th November, due on the 18th—it was not a promissory note if it was drawn on 15th November "fixed;" it was due on the 18th—if the word "fixed" was there it would have been due on the 15th—they have kept an account at the bank since January 26, 1878.
Re-examined. The account was closed by the transfer of the 100l. to the trustee in bankruptcy on May 1.
Cross-examined. I was not here on 6th and 7th August—I know of two transactions with Roth and Co. for pledged goods, but these watches were not pledged, because they were put into stock, and we sold-them—them were four or five dozen gold watches on our order—I did not see the person who put them into Mr. Jones's possession, because he took out a blank cheque in his pocket, and told me afterwards that he had bought these watched, and they were stopped off—there were a large quantity of watches from Dobree's, which we have now, and we wrote outside them—we advanced 400l. odd on watches from Dobree's, and took them out, and we are holding them now.
Re-examined. Mr. Jones gave Dobree's a cheque for the watches, and brought them away—I do not know who pawned them.
----ELLIS. The prisoner pawned some watches with me in June, 1879; before I took them in I called at Roth's to make inquiries—I advanced 830l. altogether to the prisoner—some watches were afterwards taken by Jones and Sons which I had from Casper, but I cannot say whether they were some of these—I never received any directions.
Cross-examined. I was present at the last trial at the defendant's request—the prosecution have not been to me since asking me what I can prove—when Casper came to give me his card—I am almost certain he came first in June; he had a parcel of watches, and I took them in, and gave him the money—he showed me Roth and Co.'s invoice, and my impression was that I was taking them from them—I only saw Shaffler—I only went to Roth and Co. on that one occasion; there was another person there, but I cannot recognise him—I was not called at the last trial—it is usual for me to make inquiries—Jones paid me back my money.
Re-examined. The watches were transferred from Dobree to Jones—I cannot say the date; pledges run out at three and six months for these large amounts.
GUILTY Recommended to mercy by the Jury. .— Fifteen Month's Imprisonment.
OLD COURT.—Wednesday, Sept. 15th, 1980.
Before Mr. Justice Lindley.
MR. MONTAGU WILLIAMS, for the prosecution, offered no evidence.
NOT GUILTY .
SARAH ELIZABETH GOUGH . I now live at 196, Goldhawk Road, Shepherd's Bush—on 11th March I went to lodge in the same house with the prisoner at 9, Rendle Street—she had three children; two boys and a little girl—I occupied a bedroom and sitting-room on the first floor—the girl was about a year and seven months old—the prisoner always complained of being drowsy and having headaches the latter part of the time—on Monday morning, 19th July, at 9 o'clock, she brought up my breakfast as usual, but she did not speak—she opened the door suddenly a second time, and said "Have I brought you your hot water?"—about 9.45 she opened the door again, and aid "I am going to lie down, and I have put baby to sleep"—she shut the door very quickly, and I never saw her again till I saw her at the Court—I did not hear the child cry that morning as it always did when she bathed it—Dr. Knockhold, her medical attendant, came to see her about 11.30—I thought the prisoner was out as her bedroom door was locked, and he left—the prisoner and her husband lived on very affectionate terms, as loving a couple as could he.
Cross-examined. She behaved most kindly to the child, made ite clothes, and did everything for it.
EDWARD RYAN JENNISON . I am an M.D. and surgeon, at 9, Keith Terrace, Shepherd's Bush—about 1 o'clock on 19th July I was called by the prisoner's husband to his house—I went into the back room, and found the prisoner lying on her back on the bed; I undid her dress, and found a thick silk handkerchief tied tightly round her throat; it was brought twice round with one knot in front, as if intended to commit suicide—she was in a state of insensibility and strangulation—after removing the handkerchief she breathed more freely, and in a few moments I and the husband went into the room below, and there found the child dead in a bath, and water in the bath—it appeared to have been dead about an hour or an hour and a half—it was about nine months old; it was naked—there were marks on the left arm, as if it had been held under water—I made a post-mortem examination—the cause of death was suffocation by drowning—the prisoner was quite insensible—I had attended her in the previous November, she then showed symptoms of mental derangement—the last time I saw her was on 15th December—she then said she could not bear to be left alone, and that she would make away with herself—I recommended that she should be well looked after, and put under some kind of restraint—I was of opinion that she was not in a right state of mind.
Cross-examined. I recommended that she should have a cheerful companion constantly with her, to take charge of her—I don't know whether that was done; if it had been I did not anticipate any danger—her conduct
to her children was most kind and attentive, particularly to the deceased child—I do not think on this occasion that she was responsible for her actions.
WILLIAM STEPHEN KNOCKHOLD . I am a medical practitioner, of 112, Goldhawk Road, Hammersmith—five days days before 19th July I attended the prisoner for mental depression—I knew her since February, and had seen her constantly—she appeared very desponding—in my opinion she was not accountable for this act at the time.
JOHN ROWLAND GIBSON . I am surgeon to Her Majesty's Gaol of Newgate, and have been so upwards of 25 years—I have had considerable experience in testing prisoners with a view of ascertaining their state of mind—I have had the prisoner under my care since her committal—in my opinion she is not of sound mind, not accountable for her actions.
NOT GUILTY on the ground of insanity.— To be detained during Her Majesty's pleasure.
MR. GILL Prosecuted; MR. MONTAGU WILLIAMS defended Mudge.
GUILTY of the attempt— Eighteen Months' Imprisonment.
MR. GEOGHEGAN Prosecuted.
ARCHIBALD EADES . I live at 18, Old Bond Street—I am the care-taker of the premises—the prisoner was employed there as a porter last January—he left in the early part of the year—I am acquainted with his handwriting—I have received letters from him since he left—I received this letter by post, it is in the prisoner's handwriting—the envelope is dated 9th August. (Read: "80, Howland Street. Dear Sir,—I write to tell you that you must send me the 10l. that I asked you for, and if you have not got it you must borrow it for me, as I want to leave England on Saturday. If you don't send it to me you will be sorry for it; not for my sake, but your own, and your character. If I don't have it on Wednesday morning at my lodging, in two 5l. notes, you can send them to the place. If you do, you shall have the money back in a short time; if you don't, you had better look out, for I know more than you think I do; so I hope you will send and get it for me, for I know you can, so don't write and tell me you can't, for I will have none. If I don't have the money on Wednesday morning you know what to expect. I won't write and ask you again. I hope you will send it, if you don't want to be exposed. Send it to Mr. Thomas J. Edwards, 17, Howland Street. I will never ask you again for anything, so don't forget what I say. Send it soon here, if you can, and I will not forget you.—Yours, Thos. Edwards.") I communicated with the police the following day—it appears to me a threatening letter—I did not put any particular construction upon it—I did not understand it as threatening anything in particular, because I know there is nothing that he could—I have other letters that I should like to call attention to.
for his apprehension—he said "What for?"—I read the warrant to him—it is for feloniously sending a letter to Mr. Eades, demanding 10l.—he said "I was going away to sea, and wanted 10l.; I have had 5l. from Mr. Eades"—I said "What for?" he said "Oh, I have been in his private room with him, and he took a liberty with me"—I asked him what he meant by a liberty—he said "He has taken my trousers down"—I took him to the station, and found in his pocket this letter, addressed to the prosecutor—I have not got the envelope here, it was given to the Magistrate with the letter. (Read: "Aug. 10, 1880. Howland Street, London. Dear Sir,—I write this note to ask you if you have been so kind as to get it for me. If you have not got it for me then I will send a party for it at tea-time, for I hope you will get it and give it to the party, as I shall not be able to see you, as I have got a ship and will be going soon, so this is the last time I shall write and ask you for it If you don't like to lend 10l, perhaps you do not mind my tell a certain party what I know, as two party want to know what I want to call to see you for; but I told them mind their own business. You know if I am right I told them if it was once told it would be all over the shop before night I hope you will send it, and I will pay you back and say nothing to the parties, as I said nothing what it was you are going to send to me; so if you have not got it now he will call at 5 o'clock in the evening. This is the last time. If I don't get it you can post. If you send it I will write as before, and say nothing.—From yours truly, Thos. Jno. Edwards. I shall be out all day, but I shall see him to-night. Send it."
The Prisoner's Statement before the Magistrate. "What I wrote was when I was in drink."
The Prisoner handed in a paper asking for mercy, and stating that he was drunk at the time he wrote the letters, and did not know what he was writing.
GUILTY .— Ten Years' Penal Servitude ,
NEW COURT.—Wednesday, September 15, 1880.
Before Mr. Justice Stephen.
MR. POLAND Prosecuted; MR. J. P. GRAIN Defended.
CLARENCE LEWIS . I am 18 years old, and am apprenticed to Mr. Barham, of the firm of Barham and Marriage, Grocers, of 14, Aldgate, and 70, High Street, Kensington—I was employed at the Aldgate shop, and on Saturday, 21st August, I was sent to Kensington to get the money from that shop—I got there about 9.30, and saw a parcel made up by the manager—it contained a cheque for 5l, another for 3l, and 97l. 14s. 2d. in cash—the silver was put in a bag, and the gold and notes were put into a bag again, wrapped up into one parcel, tied up, and given to me to take to 14, Aldgate—I put it in my left-hand trousers pocket, and went to High Street, Kensington, station—I had got a third-class return ticket—the
prisoner was at the booking-office door, and tried to catch hold of my arm—as I was in a hurry I passed him, and said "I should think you are cracked," and ran down to catch the train—I looked back, and saw the prisoner having his ticket clipped—he came down to me on the platform, and said "Don't you know me?"—I said "No"—he said "I am Perry, of Aldgate; I thought you were too proud to speak to me"—I said "No, I did not know you"—I then recognised him, having seen him at my employer's behind the counter—he asked me what ticket I had, and said "I am going first, will you go with me? I will pay the fare," and we both got into a first-class carriage—when the train started he looked over into the other compartment, laughed, and said that there were some girls there—we travelled on alone, and after we had passed one or two stations he asked me if I had ever heard about zoedone—I said that I thought I had seen the advertisement—he said "This is a sample, taste it; don't take more than half"—the bottle was full—it was like this (a one-ounce bottle)—there was no label on it—I put it to my lips, and took about one-eighth of it, and it effervesced to my nose and nearly choked me; it also made me feel sleepy—he then put some on a handkerchief, put it to my nose, and asked me to smell it—I did so—he saw me making wry faces, and asked me if I would have some port wine to take the taste out of my mouth, but he did not produce any—I said "I would rather not"—after that the train stopped, and a lady came in—that was, I think, the station before King's Cross—the lady got out at King's Cross, and we two were alone again—after the train left King's Cross the prisoner looked out at the window for some time, and said there were some green and blue lights, and asked me to look at them—I said that I did not want to—that was in a tunnel—I fancied I saw him turn round, and I turned round too, and saw something go up in the air, and felt a hard blow on the top of my head—I rolled on the floor of the carriage, and was senseless for a moment—he continued to hit me on my head—I tried to get up; he knocked me down again with the stick—he had knocked my hat off with the first blow—I tried to trip him up and to kick him, but he got farther from me, and continued to hit me with the stick, and as the train was stopping he knelt on my chest and gagged me with his hand—I pushed his hand away and called "Murder—thieves," twice—he throttled me by putting his hand across my throat, so that I could hardly breathe—I was on the floor of the carriage when the train arrived at Farringdon Street—I kicked, but could not attract people's attention—when the train started he hit me with the Stick again, and then he put it down and said "Where is the money?"—I said "I shan't tell you"—he searched my coat-tail pockets, and at last found the parcel in my left-hand trousers pocket, and I said "Take it, take it," thinking he would leave me alone—he took it out and put it on the seat, and commenced hitting me over the head again—I put my hands up to protect my head, and then saw him open the carriage door nearest the platform—he caught hold of my legs and cried "Come on, come on," but I caught hold of the leg of the seat and said "Don't pull me out, you will kill me"—he said "Come on, come on," and pulled my legs towards the door, but did not succeed in pulling me out, as I put my arm round the leg of the seat—he gave it up as a bad attempt, and began hitting me about the head again, but I put my head under the seat, and he hit me about the shoulders—the rail between Farringdon Street and Aldersgate Station is, I believe, underground—I was
still under the seat when the train arrived at Aldersgate Street—I felt that it was stopping; everything was quiet, and I put my head out and found that the prisoner was gone—I looked out, and saw him walking towards the tail end of the train, the wrong way—I went after him, put my hand oft his shoulder, and said "Stow that man; he has stolen nearly 100l. from me, and knocked me about with a stick"—Mr. Bell took hold of him and held him till an inspector came up—I was very much injured, and bleeding from my head—my hands were swollen—I saw him with the stick when he got into the carriage, and when he was on the platform he had the stick in one hand, and the parcel of money in the other—I had also in my pocket a brass padlock and these sleeve-links (produced)—they were loose, but I do not think they were broken—I also had a sovereign and a half-sovereign loose, but I Only found 1s. 6d. in my pocket at the hospital—in taking the parcel from my pocket he turned the lining inside out—I was in the hospital 10 days, and am still an out-patient.
Cross-examined. I Said "I think you must foe cracked," because not knowing him I thought he was playing some game with me; nothing beyond that—the train was moderately full—it was hot the last train—the carriage only Went half-way up, so that by getting up you could see into the other compartment—I did not near any body there—the small bottle was brought out before we got to Gower Street—the prisoner said that He used to take some of it in a glass of water, but he did hot say it was to stop diarrhcea or to Stop pain, simply as a drink—he did hot say that he took port wine and something else to stop pain—When he addressed me he asked if Emmott was coming—he is another assistant—he said that he wanted to speak to him about something—he did not say what—I said "If you will me what it is I will tell him to-night"—I think it was something about having a horse and trap hired—I was made Very sleepy by what I drank from the small bottle, but I managed to keep my senses—I sat with my back to the engine, next to the prisoner, who was next to the door on the alighting platform side—I think there is a bar across the window in the third-class carriages, but I do hot know whether there is in the first—he did not put his head far out, but so that he could see down the line—the stick was in his hand when he was looking out at the window—my hat was on—it was a hard brown felt hat—I was then at the other end of the carriage, not next to him—there was a gaslight in the carriage—I thought he was coming to sit down again when I saw something in the air—I have not got my hat now—I was without it when I alighted at Aldersgate Street—I have never seen it since—he Struck it right in the middle of the crown—it was rather low—I did not notice when it fell off—I was rendered insensible for an instant—I could have alighted at King's Cross after smelling the bottle, put I did not know what he was going to do—I thought he was playing a trick on me—he seemed to me to look out at the window for about two minutes, but I may be wrong—a number of people got but at Farringdon Street—I was on the ground, and he Was kneeling on my chest, out I could see them passing the window, and I called out "Murder!" and "Thieves!" twice—he was kneeling on my chest while the train was standing still in Farringdon Street—I am sure he opened the carriage door—it was the door nearest the brick arch of the tunnel, the door nearest to where we got in—he had taken the money before that—I did hot see him get out, because my head was under the seat about the middle of the carriage, but I was hot in a state to
see anything—I had the parcel in my hand at Kensington Station, and he wanted to know what was in it—I had told him that I came for the cash instead of Emmott—I am sure he did not say "Come on, give me the money" when he opened the door—he had the money before that, and he tried to pull me out of the carriage—he did not say "Come on" at the time he took the money—he said "Where is the money?"—it was in the tunnel that the door was opened, not just as you run into the station when the platform enlarges—it was some time before we got into the station that he opened the door—I am sure it was right in the middle of the tunnel.
JOHN BELL . I am a bricklayer of 37, Fernley Road, Balham—on Saturday night, 21st August, I was in the train going from King's Cross to Aldersgate Street—the train arrived there about 11.15 or 11.20—when I got out I saw the prisoner run along the platform—Lewis followed him, and said "Stop that man, he has stolen my money"—the prisoner had a paper parcel in one hand, and a stick in the other—my brother stopped him—he made same little resistance, and I helped my brother to hold him—Lewis said that the prisoner had robbed him, and stolen over 100l. from him—the prisoner said "No, I have not, it is my own money, and you must let me go; I know him, he is an old friend of mine," referring to Lewis—I saw him put the parcel behind him, and I told somebody to watch him to see that he did not pass it, and he either put it in his pocket or under his coat—he was taken in custody—I did not see what he did with the stick.
HENRY HEARD (Policeman). I am stationed at Aldersgate Street—on Saturday, 21st August, a train came in about 11.6 p.m., and after it had left I saw a crowd on the platform—I went up and saw Lewis bleeding from his head—the prisoner was there with blood on his hands, back and front—he had a paper parcel—I said "What have you got there?"—he said "That is the man; he is a friend of mine; all right, I know him well," referring to Lewis—he had no stick then—I took him upstairs—the station inspector came, and Eve, a constable—the prisoner's parcel was passed to Eve, but I cannot say by whom—the prisoner said "That belongs to that man," pointing to Lewis.
Cross-examined. There is a bar across some first-class carriages, and others not—it is possible to open a carriage door on the platform side in the tunnel in some portions, but in others it is not.
Re-examined. You can open the door to some extent in any part of the tunnel between Farringdon Street and Aldersgate Street—that is all tunnel, and between King's Cross and Farringdon Street there is a long tunnel; some parts are open, but not much—the train had only just gone when I saw the crowd.
ARTHUR STICKLEY . I am inspector at Aldersgate Street Station—on 21st August, just as the 11.6 train had left, I heard somebody call out—I ran across the line, and saw a person holding Lewis's arm, supporting him, and blood was running down his face—the prisoner was about two yards away and I think Bell had hold of him—I said to Lewis "How did you come by this?"—he said "That man did it," pointing to the prisoner; he tried to give me poison or laudanum first, and then he tried to chloroform me, and after that he tried to murder me by beating me on the head with a stick
and he has robbed me of over 100l.," and that it took place in a first-class carriage—I said to the prosecutor "Do you know him?"—he said "No"—the prisoner said "Yes, you do; we are friends, and you know me; I have not robbed you; that is my own money"—I said "Are you sure you don't how him?"—he said "Well, he might have lived against me"—Lewis appeared very ill, and as if he could not stand—I said "Are you very ill?"—he said "Yes, I am very ill and weak"—the prisoner said "It is all right; I did not do it"—I said "How do you account for his being in that state?"—he said "He must have fallen down and done it himself coming along"—I said to Lewis "Were you by yourselves, or was anybody with you?"—he said "Yes, we were in a first-class carriage by our two selves"—the prisoner said "You must let me go, as I have not touched him"—I said "That will not be sufficient for me; I shall send for the police," which I did, and Eve came—I gave the prisoner in custody—I think I saw the prisoner give Eve a parcel, saying "That belongs to him," pointing to Lewis.
JOSEPH EVE (City Policeman 357). About 11.20 p.m. on 21st August I was called to Aldersgate Street Station, and saw Lewis bleeding from his head—he said "This man has beaten me and robbed me of over 100l."—the prisoner was being held by Bell and a railway policeman—I told him the charge—he said "Very well," and handed me a paper parcel, saying "That belongs to that man," pointing to Lewis—I took it, and afterwards opened it—it contained a 5l. cheque, a 3l. cheque, seven 5l. notes, 58l. 10s. in gold, and 3l. 4s. 1d. in silver and bronze—the prisoner's hands were smeared with blood—I searched him at the police-station, and noticed a stain of blood on his coat, which went through to his shirt sleeve; also a stain of blood about the centre of his shirt—I found two bottles on him, and a second class ticket from Kensington High Street to Bishopsgate Street, a handkerchief with blood stains on it, some duplicates, and 3s. 1d. in money—the charge was read over to him, and he said "I did not do it"—after he was locked up I asked him what the bottles contained—he said that the smaller one was zoedone, which was taken in water to make people deep, and the other was port wine and laudanum, which was taken for diarrhoea—I handed the two bottles to Float—I then went back to the station, searched the arrival platform, and found this stick standing up at the farther end behind an advertisement board—there was some blood on the knob, and one or two hairs—the blood was scarcely dry—it is a vine, I think—I went directly afterwards to the Mansion House Railway Station and saw a first-class carriage; that was about 1 o'clock; there was plenty of time for the train to have gone back—I found in it this part of a sleeve link—the carriage was a pool of blood; there was blood on the door, and the cushions were smeared with blood by fingers—the mat was stained with blood.
LEWIS WATSON . I am a railway porter at Aldersgate Station—before the 11.6 train went off my attention was drawn to a first-class compartment, and I got in and picked up two composite candles loose, not in paper—they had not been used, and were on the floor close to the door—I also picked up a sovereign, a penny, a small brass padlock, and a sleeve-link—the off-side door was stained with wet blood.
two bottles from Float and analysed them—one contains pure chloroforms which, if inhaled or put in a handkerchief and put to a person's nose, Would send them to sleep, and if taken internally it might produce insensibility—it has a burning taste—the other bottle contains port wine mixed with laudanum—there is sufficient laudanum to produce insensibility if a considerable portion was drunk—it contained about two drachms of landanum; that would be suitable for diarrhea if taken in small quantities.
WILLIAM GRIFFITHS . I am a surgeon of St. Bartholomew's Hospital—Lewis was brought there on Saturday night, 21st August, partially insensible, and bleeding from five or six cuts on the top of his head at the back part, such as would be inflicted by a stick of this description—the injuries were not very serious—the backs of his hands were swollen and bruited—he is not quite well yet—clean-cut wounds on the head heal quickly, but not wounds like that.
Cross-examined. They were not deep or large.
FREDERICK TRENCHARD . I am manager at the Kensington shop of Barham and Marriage—I have been in the habit of giving the money to the apprentices who came on Saturdays—I have given it to Lewis and also to Emmott—on 21st August Lewis came and I gave him two cheques and the notes and gold—he left the shop quite Well about 10.30—the prisoner had boon in the service—I have seen him at our branch two or three times.
JAMES MARRIAGE . I am a grocer, of 14, Aldgate—the prisoner was in my Service from 15th April, 1879, to 8th May, 1880—while he was in my service I was in the habit of sending one of the apprentices from Aldgate to Kensington on Saturday nights to get the money—I was waiting for Lewis to return on this night—Emmott had gone before that, but only for two Weeks—Emmott was With me when the prisoner was in my service.
Cross-examined. I had every reason to be satisfied with the prisoner as far as his duties in the shop were concerned—I hear that hid mother is respectable; he has no father—the money was occasionally brought on Monday when I was away.
Re-examined. When he left me he did not go into any employment that I am aware of; he has not applied for a reference.
GUILTY .— Thirty Lashes with the Cat,and Twenty Years' Penal Servitude.
Upon the evidence of MR. JOHN ROWLAND GIBAON, surgeon of Newgate, the Jury found the prisoner of unsound mind and unfit to plead.
To be detained during Her Majesty's pleasure.
THIRD COURT.—Wednesday, September 14th, 1880.
Before Mr. Common Serjeant.
486. JOSEPH RAYBORN YEATS (22) PLEADED GUILTY to forging and uttering a transfer of a share in the capital stock of the East Indian Railway Company and an order for the payment of 4,596l. 18s. ; also to forging endorsement. Recommended to mercy by the prosecution on account of great temptation.— Twelve Months' Imprisonment. And
To enter into his men recognisances in appear for judgment when called upon.
MR. HORACE AVORY Prosecuted; MR. MACRAE MOIR Defended.
ELIZA WALTERS . I am the wife of James Walters, a gas inspectter, and live at 17, Bloomfield Street, Dalston—about 11.30 of 11.45 p.m. on 13th August, when I was close to my home, returning from a short walk, the prisoner was standing opposite the Fox public-house at the corner of the street—he followed me, and three doors from my own he said, "Is this Bloomfield Street or East?"—I said, "This is South Bloomfield Street, that is East," and pointing to it—he said, "Give me your Money"—I said "I have no money"—he said, "I'll murder yon, I'll murder you"—I said, "Oh, indeed"—he put his fingers in the neck of my jacket, stole my jet locket, and struck me a violent blow on the side of my head with his fist—the blow knocked me down—he ran away—I was sensible enough to get up—I ran after him—I next saw a policeman capture him—I did not see any other man—I am sure the prisoner is the man that knocked me down and that the policeman captured—I missed the locket directly he put his fingers to my throat—it was safe before I saw the prisoner—I have not seen it since—I suffered from the blow very severely—three bones were hurt, but not broken.
Cross-examined by the Prisoner. I am not mistaken.
JOHN DURRANT (Policeman N 64). About 11.45 p.m. on 13th August I was on duty near Bloomfield Street—I heard cries of "Police" and "Murder"—I went in the direction of the cries—I saw the prisoner and another man running away out of Bloomfield Street in the opposite direction to which I was going—I was then in the Middleton Road—the prosecutrix was running after the prisoner—I caught him—I said, "What have you been doing?"—he said, "Nothing, it was my chum who did it"—the prosecutrix then came up and gave the prisoner into custody—the other man got away.
The Prisoner's Statement before the Magistrate. "Me and my mate came from the Britannia Theatre, and at 11.45 he left me at the Fox Tavern, saying he was going to see some one he knew in Bloomfield Street I stood at the corner, and in five minutes he came back and said, 'A woman has fallen in a fit, run,' and I ran, and the policeman caught me."
The Prisoner repeated this defence, and added that he wished Chat field, who did it, could be brought to justice.
GUILTY of assault and attempt to rob. Durrant stated that the prisoner's employer gave him a good fifteen-months' character.— Twelve Months' Imprisonment.
FOURTH COURT.—Wednesday, Sept. 15th, 1880.
Before Robert Malcolm Kerr, Esq.
MR. CROOME Prosecuted.
GEROME ROSAN (Interpreted). I live at 19, Holborn Hill, and am a cabinetmaker—at about 10 p.m. on the 27th August I wag in the Minories, where I saw the prisoner with two others, one of whom spoke French—I was talking to the person for two or three minutes when the prisoner took the watch from my waistcoat pocket and ran away; I ran after him, and caught him, and detained him till a policeman came—when he ran away he gave me back the case of the watch; it has two cases—he threw the case at my feet—I did not see what he did with the watch itself.
RICHARD HEAD (City Policeman 773). I was in the Minories at about 9.30 on the night in question, when I saw the prosecutor holding the prisoner; they were struggling together, and I went up—the prosecutor showed me his chain, and made a motion to cause me to understand he had been robbed of this watch—I searched the prisoner, and said I should take him into custody—I found no watch on him—the prosecutor gave me this case (produced)—it is an outer case; not gold or silver—it is for the protection of the watch—I took the prisoner to the Seething Lane Station—he said he was innocent—he was perfectly sober.
Prisoner's Defence. I know nothing more about this than Almighty God himself.
He also PLEADED GUILTY to having been convicted of felony on the 11th March, 1878, in this Court.— Two Years' Imprisonment.
OLD COURT.—Thursday, Sept. 15, and Friday, Sept. 16,1880.
Before Mr. Justice Stephen.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MESSRS. KEITH FRITH and FILLAN Defended.
LORD ORANMORE AND BROWNE . I live at 28, Queen's Gate, Kensington—on 12th June I wrote a letter to the Times, which appeared in the issue of the 13th—I appended my name and address to the letter—I subsequently wrote another letter, which appeared in the Times of 17th August—I received this letter marked B in the envelope marked A. on 15th June—I also received in this envelope (E) this letter (F), also this letter (G), also this letter of 25th June (H), also this envelope (J), and this letter (K), dated 25th June—I received this envelope (C) with the post-mark of 17th August, containing this letter (D)—The letters were read as follows:—(B. "A Tipperary man. Ireland. Jn. 13. Take Notice Lord Oranmore of this letter though little you may think of it, you have raised your Bloody Orange Tongue again but this will be your last—once more you are trying to injure Irish Tenants but beware by night and by day you will be watched until that Orange tongue of yours shall be given to the dogs what you are only fit for—yon know that by this day twelve months there won't be a Land
Lord left in Ireland but will be shot and you you thick headed orange Bastard you will be the first you know you are a Protestant villain so beware—go where you may your bloody Orange face will be known don't think this is only a threatening letter it will come to pass you know what every informer gets so shall you there are 15,000 Irishmen thirsting for your blood which they soon will have and now I remain the one hope who will have the first shot at you. Rory of the Hills. Remember Lo. Leitrim—a Fenian, down with the Orange."—F "Oranmore read this carefully for beware that this may not be your last letter you will read, you know what your Orange head has brought upon yourself, beware I say in time for there is no chance of your escaping this time for as sure as you are a bloody Orange Bastard you will be very soon laid low like your friend Leitrim was there was people watching you on Friday last to put a bullet through you but unfortunately they could not get the dance but soon will, fly while there is yet time for you know what there is in store for you hes ore no idle threats so look out you know the fate of L. Leitrim. I remain now one of the Queen's Soldiers but a Fenian in hurt and one who hope to see you shot—God save Ireland."—G. "Read this carefully. Lord Oranmore read this so you blood thirsty Orange Dog you son of an informer you are not yet done you villan but you won't escape the bold Fenian men this time you took good care not to show much of yourself on Friday night at Exeter Hall but you Orange Dog your days are numbered this time I shan't waste ft penny in sending you a stap but I remain one who hopes to be your murderer. God save Ireland. Down with the Queen—one of Her Majesty's soldiers." Addressed "For Lord Oran-more 20 Queen's Gate, London."—H. "Wellington Barracks Jure 23 1880 to Lord Oranmore My Lord I as an Irishman who never feared a blood thirsty Orange Dog pens those few lines to you giving you a fair warning of what you are about to get long before the 12th of July come round you know what you deserve so therefore look out for your prize you know the present what the present state of Ireland is and how we so calld Loyal Soldiers are only joining her Majesty's service for the sake of Learning Drill the American Fenians as soon as we capture Canada will settle scores with the Orange and English. Believe me you are fast digging your own gave I must conclude now—for the present an Irish Officer. Wellington Barracks." Addressed "For His Grace Lord Oranmore etc 28 Queen's Gate S W."—D. "August 17 1880 Lord Oranmore I see you have not as yet taken notice of what your fate is to be a short time ago you had a warning from a man who wished you will but this time you have a one from one who thirsts for your blood you may not notice this if you like but look at the fate of Boyd and Leitrim yet neither of them was a Patch on you but you will receive a ball when you least expect it so Beware. I will not waste time in giving such an Orange Protestant dog further notice. So I remain one who has just returned from your estate and a Fenian—God save Ireland. Down with the Queen.")
Cross-examined. I have taken very great interest in the land question, which is at present agitating the country, and have expressed myself some—what strongly at the action of the present Government, and the Land League, and of Mr. Parnell—in my letter of the 13th June I stated "If a tenant will not or cannot pay rent the only remedy is ejectment"—that is part of what I wrote.
EDWARD TEGGARTM . I am a registered medical practitioner, of 49, Jermyn Street, St. James's—the prisoner entered my service in January last—I believe he is an Irishman and a Roman Catholic—he had access to the room where I kept my envelopes and paper—all the servants in the house had—I had two female servants, Mrs. Gray, the cook, and Alice Hall, the housemaid—I believe they are Englishwomen—I buy my paper from Webster and Larkin, stationers, of 56, Piccadilly—I had three or four kinds of envelopes, one a thin sort, and some thick; some blue paper, and some white—I had two kinds of note paper, one kind with a plain stamp die, and the other stamped in black, "49, Jermyn Street, S.W."—I gave the police-officer specimens of my paper, and also of some paper in which bottles were wrapped—that was not kept in my consulting room, but in my dispensary where my medicines are, not on a shelf, I think it was in a drawer—Inspector Butcher called upon me on 21at August, and had some conversation with me—he showed me these anonymous letters—I did not examine them—they are not written by me—I know nothing of the writing—I have none of the prisoner's writing—I think when he first came to be engaged he wrote his address on a bit of paper, but I have not got it—there was some of his writing on a slate—I showed that to Butcher.
Cross-examined. The prisoner has been in my service since January—I believe he is abut 19 years of age—his character was very good as far as I knew—I recollect when I came home one night in June I was told that a man was waiting in my consulting room to see me—I went and found that he seemed to be merely wishing to beg, and I sent him away—that was the room in which my paper was kept—it was in an open drawer, and in a case on the writing table—my patients are as. a rule shown into that room—I sometimes see them in another room—I see a good many people—they would usually be placed in the dining-room, next to my consulting-room—they would occasionally be left alone in my consulting-room—I think the man I saw gave the name of Cook—I have never seen him since to my knowledge—on 8th September, after the prisoner's arrest, I received this anonymous letter. (Read: "Soho Branch, Tuesday. Sir,—Only a few words, about your late boy, to show that he has nothing to do with the letters of June 13th and 14th. I read the letter in the Times, and came down Duke Street, and saw you go in the carriage. I rang the bell. your boy answered it. I asked to see the doctor; he said 'He is just gone out.' I said 'What time will he be back.' He said 'I will see,' and went into the room. I followed him in and said 'I will leave a note.' I then took from the shelf two sheets of rough paper, one quire of paper out of a drawer on the left-hand side, and four envelopes, and then two sheets of blue paper. Six weeks previous to that I called, about 7 o'clock, but you ordered me out. I gave the name of Cook. Please show this to Inspector Butcher, of Scotland Yard, and tell him to go to the prison and ask if he remembers the man what refused his name. He has nothing to do with it. Please show this at once, as it will set him free. Show it to the expert. It was my doing.")
Re-examined. Besides writing materials I have sealing wax in my room—I take in the Times—the person who came was shown into my consulting-room—the bottle paper is kept in the dispensary—occasionally a piece of that paper might be in my room, but the rule is that it should be kept in the dispensary—it was the prisoner who told me that the man was waiting to see me.
RICHARD LARKIN . I am in partnership with Mr. Webster, as stationers, at 56 Piccadilly—I have seen the envelopes marked A E J and C—they came from our shop—they are the ordinary envelopes we sell—Dr. Teggart is a customer of ours—I produce a die marked "49, Jermyn Street, S. W."—I have looked at the letter marked D, where the top has been torn away—there still remains the lower parts of the 4, the 9, and the S. and W.—this appears to be paper that has been stamped with this die, and the measurements correspond—it is the same quality paper that we have supplied to Dr. Teggart, with this die on it—letter H is on a different, paper.
Cross-examined. I could not swear positively that we supplied this piece of piper to Dr. Teggart—I don't think this blue paper came from our shop, or the bottle paper; it is paper that might be used for other purposes besides wrapping up bottles; it is a very common kind of paper—the only piece of paper I can identify as coming from our shop is the one with the remainder of the figures 4, 9, and the letters S. and W.—we supplied paper similar to this (H), but I cannot identify it—the envelopes bear our name; we have supplied similar envelopes to Dr. Teggart, and also to a great many other persons—we only sell retail.
JAMES BUTCHER (Police Inspector). Prior to the 18th June I received certain information, and about the 18th I received the envelope A. and letter B—I next received E and F, and about the same date G, and a few days aforwards. H, then K, with envelope J, and, on the 18th August I received letter D and, envelope C—on the 19th June I had made inquiries at Messrs. Webster and Larkin's—on 21st August I went to 49, Jermyn Street and received several envelopes and sheets of paper from Dr. Teggart, which I produce—I ascertained that the prisoner was footboy there—I saw him and showed to the envelope C, and said "Do you know that writing?"—he said "No, I do not"—I then showed him the letter D, and said "Do you how that writing?"—he said "No, I do not"—I said "Do you know Lord Oranmore and Browne?"—he said "No, I do not"—I said "Have you any objection to write as I dictate to you on an envelope?"—he said "No, but I am shaking so I don't think I can write"—I said "Well, do your best"—he said "What shall I write?"—I said "As on this envelope;" I produced one which Mr. Teggart supplied me with, and said "Will you write as on this envelope, 'His Grace Lord Oranmore and Browne, 28, Queen's Gate, S.W.'"—this is the envelope (L)—he wrote this in my presence, as it now appears—I next saw the two female servants separately, one at a time (the prisoner was not present)—they both wrote—I have what they wrote—after that I again saw the prisoner and said "You are more collected now, will you write again?"—he said "Yes," and he then wrote on this envelope (M) with the addition of "Wellington Barracks," at my request—I then left and went to the Hammersmith Police-court and applied for a warrant; that was about 11 o'clock—I returned to Jermyn Street about 3.5—the prisoner was not there—he returned about 11 o'clock—I was in conversation with one of the female servants at the time he came up to the door—I said "I have a warrant for your arrest for writing those letters I spoke to you about this morning"—I read the warrant to him—he said "I never wrote any such letters, I never heard the gentleman's name before; I am quite innocent"—I went with him to his room and found there a parcel with his clothes packed up, and a box containing some letters addressed to him—at the station the charge, was read over to him—he
said "I never remember to have heard the name before in all my life"—he subsequently wrote this letter (O) in my presence—I took possession of it; and have kept it ever since. (Read: "Sunday, August Alice Please tell Mr. Tegart that I will be much obliged to him if he will be at Hammer, smith tomorrow also tell Mr. O'Connor if it is possible for him to be there—dont let mother know anything for I hope I shall resume my work after tomorrow I should like if you could come here to night and bring me a clean collar as I forgot it also my watch key I hope Mr. nor Mrs. Teggart dont think none the worse of me for I hope to be soon able to clear myself I am very sorry that I should cause such a row at my masters house I would like my late master to know it for I am sure he would attend his address is 51 Lambs Conduit Street Foundling Hospital if my Bother was to know this I should like him to see Mr. Kinder Printer of Milford Lane Strand I sll now conclude with kind regards I remain yours truly James Donovan.")
Cross-examined. He wished to send to Dr. Teggart's, and I told him he could write, and he wrote that letter—I told him he could send a messenger if he thought proper—I have not asked anybody else to write except the two female servants and the prisoner.
Re-examined. I found this blotting-paper on a desk in the surgery at Mr. Teggart's.
CHARLES CHABOT . I live at 27, Red Lion Square—I have for many years made handwriting a study—I have before me the envelopes and letters that have been produced, and have compared them with letter O written by the prisoner, and in my judgment they are all written by the same person; I have not the least doubt of it—on this blotting-paper there is the word "County," and in letter O the word "Cook"—the C in each of those words is as nearly as possible identical. (At the suggestion of the Court the witness marked the letters and words in the various letters to Lord Oranmore which he described as identical with similar letters and words in letter O, and handed them to the Jury for comparison.) I say that the whole of the letters and envelopes are in the same handwriting.
Cross-examined. I remember a case some years ago in which I was employed by the City solicitor, and in which I gave an opinion founded upon the opinion of the City solicitor—when I came to examine the matter for myself I retracted that opinion, and learnt in future never to use my ears, but always my eyes—in the case of Sir Francis Truscott last year I and Mr. Netherclift both gave confident opinions as to the handwriting of a post-card being his, and a person afterwards came forward and swore that he was the writer—I have no doubt in an experience of thirty years I may have made mistakes; I am not infallible—in that same Session I gave a confident opinion in Bingham's case as to a forged cheque—the Jury acquitted him, and he is now wanted for forging another cheque—in the Matlock will case one Jury gave an opinion against me and another Jury afterwards gave an opinion in my favour, and the latter verdict has prevailed—sometimes Mr. Netherclift and I have been called on opposite sides, but very rarely—I have said that I could find quite as many points of difference in handwriting as of similarity, but not in points of any consequence.
WILLIAM HENRY POLLARD . I am a clerk in the Solicitor's department of the Treasury—I have had charge of this case for the Public Prosecutor—I received yesterday from Mr. Biarley, the prisoner's solicitor, this notice to produce the anonymous letter received by Dr. Teggart, and by him handed to Inspector Butcher. (This was the letter O already read.)
MR. FRITH submitted that there was no evidence of the sending of the letters, and that the mere fact of proving the writing was not sufficient. In support of this view MR. FILLAN referred to the case of Reg. v. Jephson, 2 East, and Reg. v. Howe, 7 Carrington and Payne, p. 268.
MR. JUSTICE STEPHEN, however, had not the slightest doubt that the evidence was for the Jury.
Witnesses for the Defence.
SIDNEY ROBERT SMITH . I am governor of Her Majesty's prison of New-gate, and have held that post for some years—I was previously deputygovernor under the late Mr. Jonas—all authorised letters are inspected before leaving the prison—we exercise all possible care to prevent unauthorised letters being sent—the letters which are sent out are written on special paper marked "Her Majesty's Prison, Newgate"—when prisoners see their friends a warder is specially appointed to prevent anything being taken in or out—it would be impossible for anything to be passed in or out during a visit by a friend of a prisoner—there is a visiting-place, with two iron gratings, about three feet apart—the prisoner stands on the outer side of the outer grating, and the friends on the inner side of the inner grating, and the warder stands with the friends, or sometimes between the two gratings—I could not tell which warder was told off to watch the prisoner; they vary, they all take their turn—the prisoner's solicitor is the only person who is allowed to see him alone, in a special room.
Cross-examined. The solicitor or his clerk would see him every afternoon, not in the presence of a warder—if the warder did his duty a prisoner could not pass a letter out—many attempts have been made to send letters ont without my knowledge, and there have been instances in which those attempts have been successful—if a warder chose, out of kindness, to take a letter and post it of course I could not prevent it—I have known instances in which prisoners have sent out letters by means of other prisoners, and otherwise;. a man who is shortly to be discharged may take out letters for another—there are many ways in which it can be done—I have the visiting-book here—I see on 8th September the prisoner was visited by a friend named Dennis Creedon; on the 7th by Elizabeth Hazell; on the 6th by his sister, Bridget Donovan; on the 4th by his brother John, and on the 3rd by Mary Donovan, his aunt, and on the 1st and 2nd by his sister Bridget—he has also been visited both by his solicitor and his clerk.
Re-examined. I have never received any complaint, or had reason to doubt the integrity of any of my warders.
By the COURT. All letters addressed to prisoners are inspected, not all by myself personally—I have not heard of any letters to the prisoner telling him that an anonymous letter had been written to Mr. Teggart.
RAPHAEL BIARLEY . I am a solicitor, of 8, Serjeants' Inn, Fleet Street, and am acting for the prisoner's defence—I think I visited him three or four times in Newgate—I never received any letter from him, or ever saw him write—my clerk never went with me—I served a notice on the solicitor for the Treasury yesterday morning in Court to produce the anonymous letter (Q.)—I got the information from Dr. Teggart, which led me to give that notice.
Cross-examined. I believe my clerk never visited the prisoner in Newgate—I am nearly positive of it—I did not know the prisoner before—I knew Dr. Teggart; it is through him that I am instructed to defend the prisoner—Dr. Teggart did not communicate with me as to receiving this letter; I
called there to see the housemaid, and he then said if I had called half an hour earlier he would have shown mo an anonymous letter that he had received, which he had handed to Inspector Butcher—I did not go to Butcher to sec it; I did not know the contents of it, except what the doctor told me—he told me more or less of it, not every word; he told me the substance.
ALICE HALL . I am housemaid to Dr. Teggart—I remember a man calling at Dr. Teggart's, but I don't know in what month it was; it was in the summer, to the best of my knowledge about three or four months ago; he gave the name of Cook, but not to me, he gave it to the prisoner—I heard the name, but I did not see the man, I was in the dining-room; he was shown into the consulting-room—I don't know how long he remained there—it was between 6 and 7 o'clock in the evening—he was waiting for Dr. Teggart—the doctor dines about half-past 7 o'clock—he was not a patient, he wanted some relief—I did not hear what he said—he was in the consulting-room it might be a quarter of an hour or 20 minutes before the doctor came in—I did not see him, only the side of him, I only saw him pass by the door—there was a letter came to Dr. Teggart—during the time the prisoner was my fellow-servant his character was very good—I never heard him speak in favour of Fenianism, or speak about politics—I never heard Lord Oranmore's name till Inspector Butcher came—the prisoner never appeared to take any interest in politics; he only used to see the Times in the morning.
Cross-examined. I never discussed the Irish Land Bill with the prisoner—I am an Englishwoman—I only heard the name of Cook from the prisoner—nothing was missed from the room that I know of.
By the COURT. I heard him in there, and I heard Dr. Teggart order him out—I never heard him give his name—I asked the prisoner who the man was, and he said some man named Cook—on the day the officer came the prisoner went out after the officer left—he did not say anything till dinner time, he then said "I am off"—he took some of his things with him—that was something after 2 o'clock—he came back about half-past 10.
ALFRED IHRENFELD . I have been a lithographic writer—I have given my attention to handwriting for upwards of 20 years—I have had an opportunity of examining the letters in question, both the anonymous letters and the admitted letter of the prisoner—I am an expert, an examiner, a studier of writing—I am a lithographic writer, the same as Mr. Chabot—I hare given my attention to comparing handwriting, to detect forgery and to pass an opinion on writing—I have compared the threatening letters with the letter written by the prisoner, and in my opinion they are not the same—I have looked at the letter to Dr. Teggart purporting to come from the man Cook—in my opinion it is the same as the threatening letters—the writing of illiterate people is very much alike; they form their letters very much in the same way.
Cross-examined. I have been examined before in a Court of Justice on the question of handwriting several times, more than three or four times—I went to the office of the Solicitor to the Treasury last Saturday to see these letters—I believe the whole of them were shown to me—I was there two hours—I compared them—I only saw them once—I did not think it necessary to go again—it is my opinion that none of the threatening letters are in the same writing a the other document—I notice a very large number
of similarities between the two—I heard Mr. Chabot's evidence as to the similarities—they struck me, but I don't agree with him on certain points—the similarities are very faint, very slight.
By the COURT. I made slight notes of particular points in the handwriting—I believe I gave a copy of those notes to the prisoner's solicitor—these are the notes—I have not my original notes with me.
The prisoner received a good character.
GUILTY Strongly recommended to mercy by the Jury on account of his youth and previous good character.— . Six Months' Imprisonment.
MR. BESLEY, for the prosecution, offered no evidence.
NOT GUILTY .
An acquittal was also taken upon another indictment for unlawfully neglecting the said child.
MR. DIXON Prosecuted.
There being no proof of any burning, the Jury found the prisoner
NOT GUILTY .
NEW COURT.—Thursday, September 16th, 1880.
Before Mr. Common Serjeant,
MR.J. P. GRAIN and MR. TICKELL prosecuted; MESSRS. W. SLEIGH and AUSTIN METCALFE Defended.
LORD AYLESFORD. I live at 2, Harriet Street, Lowndes Square, and at had not been sold at Tattersall's—early in the year I had a mare called Morna stabled with him—I told him to sell her 250l. or 200l., and give me the money—about 11th May I offered to led Morna to a friend, not knowing that the prisoner had sold her—I did not know that he had received any offer for her till I received a letter—I have never received any money for her—I have not the remotest idea where they are; they are gone, including the mare and I have received nothing in respect of them.
Cross-examined. I am not a horse dealer—I sell at a profit if I get the offer—I did not sell a grey pony to Mrs. Dilke; pegg sold it, and I belive it was his—it got back to his stable—I know that Mrs. Dilke returned it because it had the staggers—I told him Mrs. Dilke wanted a pony—I did not give Pegg any instructions for selling it after Mrs. Dilke returned it—I do not remember that I told Pegg to sell it, and to be sure not to say why it was returned by Mrs. Dilke—I did not interfere with his selling his own pony—this is my signature to this letter—I do not remember that I tried to sell that pony myself through Pegg, and tried to keep the customer
in the dark as to the reason Mrs. Dilke returned it; I certainly did not know at the time why it was returned—I do not think that was the pony that letter relates to; I think there were two ponies—Mrs. Dilke saw several ponies, and bought one—I don't know who Colonel Ellis is; I know several Colonel Ellises—I do not remember which Colonel Ellis it was who saw the ponies—I do not know which pony Mrs. Dilke returned—my memory is bad—I did not tell pegg not to tell Colonel Ellis why Mrs. Dilke returned the pony; I do not remember it, and I don't think I did—I do not think it is possible that I, knowing that Mrs. Dilke had returned the pony for a failing, told Pegg to show it to Colonel Ellis, and not tell him the reason it was returned; I cannot swear to a possibility, and there are no impossibilities—Mrs. Dilke told me that she returned the pony to Pegg because it had the staggers—I do not remember whether I was in close communication with Pegg at that time—Mrs. Dilke may have sent a telegram to me to communicate the contents of it to Pegg; I forget—I remember all I can; I can't remember everything—I have read this telegram (produced)—Mrs. Dilke communicated with me because she did not know Pegg's address—I was not in partnership with Pegg; he had my horses—we were not under a mutual agreement, he to take my horses and sell them at a profit, and I to take his and sell them at a profit—we were not in partnership at the time Mrs. Dilke returned the pony—in all probability I wrote to him and enclosed a list of the horses which I entered at the Ranelagh Club sale, and said that if he had any to show he must place them in the list and send them to the secretary of the club before Thursday, or as early as he could before that date, because he would not be able to send his horses there without their being entered in the name of a member of the club—the great thing is to get as many entries as you can—it was not for my sake; Mr. Pegg would get the prizes—my horses were standing in his stable, and I thought he would like to enter his horses in my name—I wrote this: "Colonel Ellis would like to see the grey pony Mrs. Dilke had; don't say anything about why it was returned. Colonel Kingscote also wants to see the grey ponies you drove yesterday. Please be down at Marlborough House to-morrow and ask for Colonel Ellis"—I did not know who you meant when you asked me about Colonel Ellia—I believe horses were taken to the Ranelagh Club to be sold in my name which belonged to Pegg, but I was not there and did not see them, and don't know their names; I think I was out of town; I am quite sure I was. not at the show—I remember the show at the Agricultural Hall in 1879.—a horse of mine named Perfection was entered, No. 116; I do not know whether it was entered in my name; I did not enter it, Mr. pegg did—I bought a catalogue when I went in, I suppose, but I do not know whether it was entered in Pegg's name—there were two horses there, Morna and Perfection; at least I believe Perfection, and I know Morna was there, I saw her; I do not know about Perfection—No. 116 entered as Perfection was not Morna; Morna was a chestnut mare and Perfection was a bay—I know Morna was there; I cannot swear whether Perfection was there—I cannot remember whether two were entered or one—I bought a catalogue; I do not know that Morna was entered under the name of Perfection—I do not know that Mr. Sheward was manager to Mr. Robert Perceval, of Eaton Place—I have been to Mr. Perceval's, but do not remember seeing Mr. Sheward there—I know Mr. George Cox, the horsedealer, of Stamford
Street, Blackfriars—I do not know Mr. Maule, the veterinary surgeon; I may have had a conversation with him without knowing his name—I do not know Mr. Youngman or Mr. James Ennis, familiarly called "Sandy," nor Mr. Hunting, a veterinary surgeon, of Down Street, Piccadilly—I never remember seeing that man (Ennis) before, nor that man (Sheward); he may have been at Perceval's, but I should not have known him—I do not know Ennis as Pegg's foreman—I did not know he had a foreman; I never saw him at Pegg's that I remember—I was at Pegg's day after day—I did not buy Morna from Mr. Perceval, nor do I know that Sheward negotiated the transaction; if he is the man who showed Morna to me I forget his face altogether; as far as I know I never saw him before in my life—I took Morna down to the Prince of Wales; J went down at the same time for him to look at her for the Princess of Wales to ride—I don't remember how long I had had her—I had sold her once before, and she was returned—I did not buy her back at a loss of 100 guineas—she was sold at Tattersall's, I forget for how much—I took her back because the gentleman who bought her did not want her, as she would not go in harness—I did not warrant her quiet to ride or drive—I never warrant a horse at all—I do not think I took her back at a loss—I did not tell Pegg that I was going to sell her to the Prince of Wales for the Princess to ride; I told him to take her down for them to look at; how were they likely to buy her without looking at her—he did take her for the Prince to see her, and I went with him—I did not say to Pegg "You ought not to sell that horse to the Prince of Wales for the Princess to ride, because she is not safe"—I made a statement on oath before a Magistrate before he granted a summons against Pegg—I believe I said in my information "The said Arthur Pegg was immediately on the sale being effected to hand me the money, and was previously to inform me who the purchaser was; any offer for the purchase of the mare was first to be submitted to me for my approval"—I don't think I said in my evidence before the Magistrate in reference to the sale of Morna "Nothing was said about the offer being submitted to me, I never said anything about the payment of money"—this is my signature to my deposition; I may have said so—there were accouatfl between Pegg and me—I have charged him at this Court with stealing a horse called Perfection—I do not know that he sold that horse in August, 1879, and accounted to me for the proceeds—I don't know what he has done, I charge him with stealing it because I do not know what has become of it, he has never accounted to me for it—I swear that to the best of my belief—I do not know what I paid him in August, 1879—I believe there was an account settled between us in September last; I know I paid his bill, but I do not know whether it was by a cheque, I know it was all paid up; I paid him the account he brought me, but I do not know how I paid it—I do not remember whether he brought me an account in which the mare Perfection was entered in my favour on the contra account as being sold to Mr. Jones for 70l.; how should I know? I do not remember it, that is all I can say; it might have been—I want to know where the animal is—I do not remember that there was a contra account against him, there was the account he gave me—I do not remember anything about Perfection—that was the only account I know of—I find in this account "By contra account 313l. 12s., balance 132l. 9s., paid Sept. 22nd, 1879, Arthur Pegg"—I know a horse called White Cockade, and all I know is that it is missing
pegg has never accounted to me for it—the balance against me in this account is 446l. 1s. 6d., and the contra account is 313l. 12s., that leaves a balance of 132l. 9s.—I certainly paid him that account, because here is his receipt, but I do not know how—this letter (produced) is Mrs. Dilke's writing; she told me she had sent the pony back to Pegg because twice out of the four times she drove it it had the staggers—I do not know that that was the same pony about which I wrote "Show the grey pony which Mrs. Dilke had; be sure you don't say the reason why it was returned;" it is not possible that I should do so—I am sure I did not say "Be sure you do not say why it was returned," I could not have—it could not be he same pony—Mrs. Dilke saw two or three ponies of Pegg's—I could not have known the reason why the pony was returned, and I do not believe I told him to keep back the reason—I cannot explain it—I have had no dealings with the Duchess of Newcastle, I have not the honour of her acquaintance—I swear I was not at the Eanelagh Club sale at Fulham in Pegg's company, but he rode my horse for me—I was out of town when Morna was sold—I went to Manchester races, and I wrote to my butler, James James, and told him to get the money for Morna—he either wrote or telegraphed to me that she was sold; that may have been on 13th May—I know now that the horse was sold to the Duchess of Newcastle on 12th May, but when it was sold I don't remember—I told James to get the money immediately the horse was sold—I was not then in Pegg's debt; it was directly the other way—if he had any account against me it could only have been for the keep of the hones; there was generally a balance in my favour, and when I wrote to James Mr. Pegg had sold some horses—there was a balance in my favour when Morna was sold; he had got my horse and he had not paid me—I subsequently heard that the Duchess of Newcastle had bought Morna for 200l., but I do not know from who—Morna was not the least unsafe; she was perfectly quiet—she was not nappy and false; I have ridden her myself—I said to-day that she was to be sold for 200l., but I corrected myself and said 250l.—I made it a strong point at the police-court that Pegg had sold her against my orders for 200l. instead of 250l.—James told me that Pegg told him that on 12th May he had sold the mare, and that he asked him for the cheque, but I do not know what he said to the Duchess of Newcastle—I don't think he knew who she was sold to till much later; you had better ask him—I know he was there the morning she was sold—I don't think he told me by letter or telegram that she was sold to the Duchess of Newcastle; it is some time ago, and I forget—I never heart from James that Pegg refused to give him the cheque because his account with me was not settled; he promised to send the cheque every day—I have charged him with stealing a horse named Drake and a pair of ponies—I swear that I have not had the money for thorn, nor have they been accounted for to me—I swear that distinctly—I do not know that Pegg entered horses at shows for me in his own name; I entered horses for him in my name at the Banelagh Club, but nowhere else as far its my memory serves me—Pegg bought a team of four roans for me and sent them over to Homburg—I paid him for them; I do not know whether I kept him waiting four months for his money; when he asked me for it I paid him—I did not sell some horses belonging to Pegg; I took two down to Captain Machen; one was a brown hunter; I do not know whether the other was called "The Swell"—I may have recommended horses for him which he
sold, but I do not know what he got for them; I never had any profit on them—I was going to ride the horses which I took down to Captain Machen to try them; he looked at one and bought it—I never heard that an anonymous letter was sent to the Duchess of Newcastle about Morna I did not instruct Pegg to look after stables in order that I might carry on horsedealing on a lofty scale—I wanted stables for my own horses because his stables were so small, and told him to look out for me—I never had any dealings with Cotterell; I know his yard, and I have seen him—I went to a yard off Down Street, Piccadilly; I do not know who it belongs to, or whether I went with Pegg—Morna was not returned to me by the Duchess that I know of—I had sold her once before to General Paget—I may have gone to the show at the Kanelagh Club and gone to Homburg the same day—I do not know the date or whether I saw Lord Dupplin that day; I see him very often—I do not remember whether I sold Morna to him that day; the only time I remember selling her was to General Paget, and I had her back from him because she would not go in harness; he wanted a Newmarket hack, and then he wanted a hack and a harness horse in one—I do not remember that I sold her to Lord Dupplin and had her back.
Re-examined by MR. GRAIN. There is no pretence for saying that I intended to set up in London as a horsedealer—I had no stables in London—I have had as many 105 horses at Packington and elsewhere—Morna has taken a prize once since I had her—there is no pretence for saying that I intended to palm her off on the Princess of Wales—she went there to be seen and to be bought if she liked—I have the honour very often of being at Marlborough House—I have never had any return made to me for the two cobs—this account was settled and paid up to September and receipted by the prisoner—I find in it among other matters "Four roan cobs at 60l. apiece," which he has carried out at 260l. instead of 240l—after that I repeatedly asked him for his account, but was unable to get it up to May—there is no pretence for saying that I ever falsely and fraudulently entered one horse for another at a show, or that Protectioa was entered as Morna, or Morna as Protection, with my knowledge—I know that Mrs. Dilke had some dealings with Pegg for ponies, but I do not know what the character of the dealings was—I was not aware that that particular pony had the staggers—the pony taken to Marlborough House was a piebald one, and Mrs. Dilke's was a grey.
JAMES JAMES . I have been Lord Aylesford's butler for some years—on 21st May I received instructions from him, in consequence of which I went to Pegg's stable, having sent a message the day before in reference to the mare Morna—I saw Pegg, and said that Morna was to go as ordered the previous day for a friend to ride, and asked why she had not been sent on the previous day—he said that having shown her for sale on the previous day he could not allow her to leave the stable—I said that I had his Lordship's instructions to take her away, but he said that she was sold, with the exception of passing the veterinary surgeon—no amount or purchaser's Dame was mentioned—I went next day to hear the result, and he said that she had passed sound, and all that remained was for him to deliver her and receive the cheque—I said I would come on the following day, and I wished for the cheque as he received; it, and that Lord Aylesford wished me to get his account, and that I was instructed to bring away all the
harness, clothing, and saddlery, and asked him to fix his own time next day for that puprose—he said that he would meet me at 12 o'clock, but in the morning I received a telegram from him saying that he was called from home, and could not keep his appointment, but would see me at Lord Aylesford's house at 4 o'clock—I tore the telegram up—I waited till 5 o'clock, and he did not come, and then I went to his stable and waited some time without seeing him—I went again next morning, and after waiting some time saw him, and he fixed 4 o'clock next day, when he would have his bill ready—I went the two following days without seeing him, and afterwards made frequent appointments with his man—I brought away all Lord Aylesford's property which I could find; and a few days afterwards I found the stables empty, not shut up, but disused—that was a few days after 19th May—I went repeatedly afterwards, but never saw him till he was in custody on 6th August—I never received the cheque or the money—he never told me to whom the mare was sold, but I ascertained it from inquiries I made.
Cross-examined by MR. W. SLEIGH. I have not heard any of the evidence this morning—I told Lord Aylesford by letter that Morna was sold for 200l.—I did not say who to—the first time I went to Pegg was on 10th May, and again on the 12th—I do not know whether anybody else was present I have seen a man called Sandy there, and I have seen him outside here to-day; he is a stableman, but not in Pegg's employ to my knowledge—I may have spoken to him there on 12th May, but cannot say whether I spoke to him or not—that is the man—I cannot say whether I was standing just inside the door of Pegg's yard that morning talking to Sandy about Morna—I do not know that man by sight, (Mr. Maule, a veterinary surgeon)—I did not ask Pegg whether the Duchess of Newcastle had decided about Morna—I was very anxious to get the cheque for 200l.; he told me the mare was sold; I cannot say whether he said that she was to be delivered that afternoon—I said that I did not think his Lordship would be in town for nearly a week, and I wished the cheque handed over to me as he received it—he said "Decidedly not, I will settle the account between his Lordship and myself with his Lordship, and not with you"—I wanted the account to send to his Lordship at Manchester—there were no horses of Lord Aylesford's in the stable when I asked for the clothing, but any penon might have thought the horses there were Lord Aylesford's, as Pegg was using Lord Aylesford's clothing—it was not till the bargain was completed and I could not get the cheque that I wrote to Lord Aylesford—I wrote the same day or the day after—his Lordships instructions about fetching the mare were verbal, on the Tuesday before he left for Newmarket—I then wrote to say that she was sold for 200l., and that I had requested Pegg to hand me the cheque, and his Lordship wrote back that he would not take less than 250l. for the mare; I have the letter—I had asked Pegg for the cheque for 200l. previous to that, because he told me he was selling her for the price set upon her—I never saw a grey pony of Lord Aylesford's to my knowledge—I have seen Mrs. Dilke—I know Colonel Ellis—I never heard that Mrs. Dilke had a grey pony—I do not know that a grey pony was sent to Colonel Ellis at Marlborough House, or that an anonymous letter was sent to the Duchess of Newcastle—I thought I gave Lord Aylesford's letter to me to the Counsel, but it may be at home now in my desk—I took some of the papers to Lord Aylesford's solicitor, but I will not swear I took
that letter—I know Pegg's private address, but I did not know it on 12th May—Lord Aylesford did not give it to me; Mrs. Graham did; she lives it 114, Denbigh Street, Pimlico, which was Pegg's address after he left Cadogan Place—I did not know her before that; she came to me about 10,30 or 11.0 on a Sunday night, saying that Pegg had been illusing her, tod she wanted protection, that she had property at her house and Pegg intended removing it at 7 o'clock next morning—that may have been, a fortnight or three weeks after 12th May—I do not think Pegg was arrested there, but the warrant officer went there, and when Pegg heard of it he surrendered.
JAMES PULLEN . I am butler to the Duke of Newcastle, of 13, Wilton Crescent—on 13th May the prisoner came there, and I saw Mr. Hohler hand him a cheque for 200l.; he said that it was crossed and he could not get the money, and asked his Grace to make it an open one—Mr. Hohler took it back and I saw him go away with it.
Cross-examined. The horse was kept for some time; her Grace rode it for a fortnight or three weeks; it was then sent away because it did not suit her—Mr. Hohler thought it was not quite the thing for her to ride, though she is a very good horsewoman, because the mare was not certain—he said he thought it was dangerous for her to ride her, and he did not want a scene in the park; it might put her Grace off—her Grace was not thrown by the mare—I heard that on some days the mare was a little mischievous; some days she would go well, and at other times she had not had work enough—I believe one day when her Grace came home Mr. Hohler said that he would not allow her to ride the brute my longer—I never heard that the mare was sold to Lord Hastings.
LORD AYLESFORD (Re-examined). I did not sell the mare to Lord Hastings, I only lent her to him for a day or two.
EDWARD CLOUGH (Police Sergeant V). On 23rd July I received from Giles, the warrant officer at Westminster Police-court, a warrant dated July 19, for the prisoner's arrest—Giles is laid up ill—on 30th July I met the prisoner in a Hansom's cab in Rochester Bow, took him into our office and read the warrant to him—he made no answer.
Cross-examined by MR. W. SLEIGH. As a matter of fact he surrendered himself—he and his solicitor came to the police-court and surrendered at 10.30 a.m.
The prisoner received a good character.
NOT GUILTY .
There were two other indictments against the prisoner, on which he was subsequently given in charge, and upon which no evidence was offered.
MR. SLEIGH withdrawing all imputation upon Lord Aylesford.
FOURTH COURT.—Thursday, September 16th, 1880.
Before Robert Malcolm Kerr, Esq.
495. GIOVANNI LUZATTO (27) to unlawfully making a false entry in the book of Emilio Zuocani, his master, and to stealing sums amounting to 1,510l. (The total defalcations were stated to be 2,700l., of which 2,200l. had been restored.)— [Pleaded Guilty: See original trial image.] Five Years' Penal Servitude.
MR. GEOHEOAN Prosecuted.
The evidence was interpreted to the prisoner.
REUBEN JACOBS . I live at 123, Wentworth Street, with my brother Michael Lewi, as poultry dealers—about 3.30 a.m. on Sunday, 6th September, I heard a sound at the window; I looked and lay down again—I afterwards got up and saw the prisoner's head, and his hands were put to open the yard door leading into the shop—I halloaed out "There is a thief here"—I heard him run away—the window was broken by the prisoner.
Cross-examined. I saw you break the window—I have not said I did not know who broke it.
Re-examined. When he put his head in I saw his face—he put his hand through the broken window.
HENRY IMHOFF (Policeman H 211). I saw the prisoner running out of the house and the last witness running after him in his shirt calling out "Stop thief"—I gave chase for 500 yards, overtook him, and brought him back to the house—I searched him—I found nothing on him—I found the window broken, and the parlour and outside doors open—I found a scrubbing brush wrapped up in a shirt, and pieces of glass on it—a passage runs by the side of the prosecutor's house—I there saw the prisoner running.
Prisoner's Statement before the Magistrate. "I was standing near the door when the lad came out and was calling 'Stop thief.' I saw some one running, and I ran after him, and the police came and took me, and the people said I was the thief, and I was stopped. I have no witnesses, and there was no one there."
Prisoner's Defence. "What I said before the Magistrate I say now."
GUILTY .— Six Months'Imprisonment.
MR. MILWOOD Prosecuted; MR. KEITH FRITH and MR. HYNDMAN Defended.
RICHARD SUGDEN . I am an engraver, of 163, Old Street, St. Luke's—on 14th August the prisoner ordered 50 checks with "D. D. P." on them, giving me the pattern—they are made of brass—he took them away the next day—the following Tuesday he came again, and ordered 50 with "W. J. Coleman" on them; he also ordered 100 with "J. B. Thomas" on them and a die—the 100 were not taken away—the two produced are some of those I made, as well as those marked "W. J. Coleman."
Cross-examined. The prisoner was the only person who came and made inquiry and then gave orders for more—he gave all the orders to me—he left no name, but said they were for Mr. Williams, of Waterloo Place, Clerkenwell—I am sure the name was Williams, not Thomas; I put it down in writing—I am not sure the number was 20, but it was Waterloo Place.
GEORGE EDWARDS . I am a labourer, and live in Macklin Street—on 26th August, about 6.30 a.m., I was in Covent Garden Market—I saw the prisoner hanging about—he asked me if I wanted to earn half a pint of beer—I said "Yes"—he asked me if I knew where Coleman was—I told him "Yes," and pointed it out—he gave me two tickets and two baskets to take, and said "Get 2s."—the tickets were like these two (produced)—I
took them and got the money—when I came back the prisoner asked me if I had seen his master; I told him I did not know who his master was—I went to find him, and when I came back I could not find the prisoner—a policeman came, and I pointed out the man who gave me the tickets—I did not have the beer.
Cross-examined. I am 28 years old—Mr. Coleman and Inspector Roots came after me about five minutes afterwards—I told the inspector, who spoke first, that I knew nothing about the tickets—I had not seen them before, nor the prisoner, in Covent Garden—I have never transacted business with the salesmen in Covent Garden—I am employed carrying things for people who come to the market, costermongers and others—I never took any baskets with tickets before—I believe it is the custom for salesmen to give tickets.
GEORGE COLEMAN . I am a salesman, of Covent Garden Market—on 20th August Inspector Roots spoke to me—the following morning Edwards brought two baskets and two tickets—I paid him 2s.—it is our custom to give tickets with the basket to the customer, who pays a shilling on it—on the return of the basket and the ticket we return the shilling which has been left on it—that is the custom amongst salesmen—after paying Edwards I and Roots followed him, because I had information that the tickets were forged, and I knew they were forged—I saw Roots speak to him—these two tickets produced are forgeries.
Cross-examined. Roots first came to me on the Friday afternoon—I never saw Edwards before, to my knowledge—I had received similar tickets in the transaction of my business, but. not forged ones, except four that our firm received a fortnight before.
By the COURT. The baskets were mine—we do not always give tickets, only when 1s. is deposited; we let customers we know have them without a deposit.
THOMAS WILES (Police Inspector). On 21st August I was in Covent Garden Market with Police-constable Chapman—Edwards was pointed out to me by Mr. Coleman—I spoke to him—he afterwards pointed out the prisoner—I then apprehended the prisoner, and told him he would be charged with uttering two forged tickets to Mr. Coleman, a salesman in Covent Garden Market—he said nothing—I took him to Bow Street Police-court—I searched him, and found on him a large number of tickets; 25 of them bore the mark of Coleman—the prisoner said "I found them in a pocket-book in the market this morning"—he had no pocket-book—he gave the name of Wilcocks, but refused his address and occupation.
GEORGE COLEMAN (Re-examined). I should not have given 1s. for the basket if there had been no ticket; the ticket is an acknowledgment that 1s. has been lent—I should have refused my own basket if 1s. had been demanded without a ticket—the baskets are worth 15d.—I did not see the prisoner pointed out by Edwards—I left the constable when Edwards was taken.
GUILTY .— Six Months' Imprisonment.
MR. GEOHEGAN Prosecuted.
Street—between 9 and 10 o'clock on 29th August I was in Flower and Dean Street—Clark took hold of me behind and threw me down; another man came and snatched my watch and chain from my left-hand pocket, and a third man put his hand over my mouth so that I could not cry—when I could I managed to cry "Police"—Nash was caught by the police.
THOMAS FOX (Policeman H 163). At 12 p.m. on 29th August I was on duty near Brick Lane—I heard cries of "Police"—I went down Flower and Dean Street—I saw Nash and two men running away, and the prosecutor after them—I ran after Nash, and caught him going into a lodging-house—I brought him to the prosecutor, who stood in the same street—he made signs that his watch and chain were taken—Nash said "I did not take it"—he was taken to the station and charged—I went to the lodging-house and saw Shirley sitting on a bench—the prosecutor said, looking at Shirley, "That is one"—I took Shirley into custody—he said he had only come to London three hours from Gravesend—I took Clark into custody in Brick Lane on 4th September—I told him I should take him on suspicion of being concerned with two others in custody in stealing a watch and chain in Flower and Dean Street—he was brought to the station and placed with seven or eight other men and identified.
Witnesses for the Defence.
THOMAS GIBBS . I was indoors on this Sunday at George Street, Spitalfields—Shirley came between 5 and 6 p.m. with Thomas Ellison—he was there till a police-constable came and said he had something to do with taking a watch at the top of the street.
THOMAS ELLISON . I walked home with Shirley from Gravesend on this Sunday—I got into London about 6 o'clock—I went to this house, where we were living before we went away—we sat there the whole of the evening with nothing to eat, only what the deputy gave us—we had no money—neither of us went out.
Cross-examined. We left London to go hopping, but could get none, and so returned to London—we waited there to be trusted.
THOMAS HOOPER . On the 29tb August Clark came to my place, 1, Hatfield Street—about 6 we went out, had a drop or two of beer, and returned about 10, had supper, and he stayed till between 11 and 12—I know nothing of him after.
Cross-examined. He lives with my wife's sister and calls me his brother-in-law—he visited me a fortnight before—I remember this Sunday because I was having some tea—my wife was present.
In their defence Shirley and Clark said that they were not there. Nash 8 id "I am innocent."
NASH— GUILTY .— Twelve Months' Imprisonment.
SHIRLEY and CLARK— NOT GUILTY .
MR. GEOHEGAN Prosecuted.
HENRY SIMS . I am a clicker of 6, Duncan Street, Hackney—about I a.m. on Sunday, the 29th August, I was in the Bethnal Green Road—I saw Allen and another man in conversation—the other man threw me on my back in the middle of the road, the prisoner got on my chest, put his hand on my mouth so that I could not breathe, the other one rifled my pockets
and took away 1s. 1 1/2 d.—I cried out "Police" as soon as I could and two constables came and took the prisoner off—I have spit blood, attended the hospital, and have been ill ever since, and kept from work in consequence of the doctor's instructions.
JOHN STOKES . I live at 92, Gibraltar Wharf—on this evening I saw the prosecutor walking down the Bethnal Green Road—two persons Attacked him—Allen was one—the other man caught him by the throat and dashed him into the gutter; the prisoner knelt upon his chest—two policemen came up when I did.
JOHN HARRISON (Policeman H 54). On this Sunday morning, about 1.15, I was in the Bethnal Green Road, off duty, in company, with Thomas Nichols, another constable—I saw the prisoner on the top of the prosecutor another man ran away—I took the prisoner off and brought him to the station—the prosecutor charged him—he did not say anything.
GUILTY . He also PLEADED GUILTY** to a conviction in July, 1874, at Clerkenwell, in the name of George Goodman.— Twenty-five strokes with the Cat, and Five Years' Penal Servitude.
MR. GEOHEGAN Prosecuted.
EDWARD CROSS . I am a porter, of 2, Peerless Buildings, City Road—on the afternoon of the 4th or 6th September I was in Britannia Street, Hoxton, carrying 14s. in silver in my hand—the prisoner and another boy came up—they knocked me down—I hit one of them with a box—they called assistance of others and again knocked me down—the bigger one bit my hand; I dropped the money—the prisoner picked it up and ran away with the other two—I told the police of it an hour afterwards—on the following Saturday night; about 9.30 I was in Lever Street; I saw the prisoner among 12 boys—he asked me whether I wanted any more hiding, as he had plenty there to do it—I was frightened and went away—on the following Sunday I saw the prisoner at the Kingsland Police-station—I picked him out.
JOHN ENNISON (Policeman G R 39). I took the prisoner into custody for being concerned with others in robbing and assaulting a boy—he said "Well, I was not the worst, the big boy and the little one were worse than me"—the boy plays about the street and has done no work to my knowledge for the last six months.
Prisoner's Defence. I never touched him. I went to see what was the matter. The policeman said he would make it hot for me.
NOT GUILTY .
MR. GEOHEGAN Prosecuted.
ELIZA CHAMBERS . I am a widow, and live at 3, Plumber's Court—Lambert and the prisoner lodge in the same house—I heard a scufle in the kitchen—I went down stairs—I saw Lambert holding the prisoner off foe prisoner was stabbing him as hard as he could—he told me to get away or he would serve me the same—Lambert bled and was taken to the hospital—the prisoner had the knife produced in his hand—the big blade is
gone; the rivet has come out—I did not see Lambert irritate the prisoner—I saw no knife in Lambert's hand—a neighbour begged the prisoner to give the knife up.
WILLIAM LAMBERT . I am a compositor, and live at 3, Plumber's Court, High Holborn—on the evening of the 12th June I was in the kitchen about to have some tea—the prisoner commenced jeering and chaffing me—I never had any words with him—I had only known him a week—he asked me if I would fight him a duel, and I consented, not thinking he meant using any knife—he rushed on me with a knife and stabbed me in the side—I recollect nothing else—I remember being in bed in the hospital—I do not remember going in—I had no knife.
Cross-examined by the Prisoner. I took you by the throat—you had hold of my wrist—Mrs. Chambers's nephew did not take a knife from me—you asked me if I would treat you—we had been drinking together.
JOSEPH MURRELLS . I am a plateraan, of 4, Plumber's Court—I remember hearing a row—I went to this kitchen—I saw Mrs. Chambers, the prosecutor, and the prisoner—I had come home from a music hall—I first looked down the grating—I saw the prisoner's hand up with a knife in it—I then went down and Lambert fell in my arms—I took him np stairs, called a cab, and took him to the hospital—the prisoner said to Lambert, "If the knife had not broke I would have settled you."
Cross-examined by the Prisoner. I did not hear Lambert say he would rip you up.
ALFRED FOOT (Policeman E 489). The prisoner was given into my custody by Mrs. Chambers—this knife was given to me—I told the prisoner he would be charged with feloniously cutting and wounding William Lambert—he said "I did it in self-defence, he had a knife."
Prisoner's Defence. We had been drinking together, and about 11.30 I brought home some radishes and lettuces, and as I was cutting the tops off, Lambert came in nasty drunk and said "Whose radishes are those? I'll throw them into the b—fire." I said "No you won't. I'll punch you on the nose." He said "No you won't, I'll rip you up," and ho rushed on me and I stabbed him self-defence.
GUILTY of unlawfully wounding.— Nine Months' Imprisonment
For cases tried in the Old Court on Friday, see Surrey Cases.
FOURTH COURT.—Friday, September 17th, 1880.
Before Robert Malcolm Kerr, Esq.
MR. GRAIN Prosecuted; MR. M. WILLIAMS appeared for Cornwell; and MR. GEOHEGAN for Benjamin.
JOHN BARTON . I am a carman out of employment—on 6th August, about 3.30, I was in Fenchurch Street, and saw Hummerston and Smith, who is not here, rolling a quarter cask of wine to the next building, where they put it on a truck—I spoke to them and went with them to Bedford Street, Commercial Road, where I stood outside the Bedford Arms while Smith went in, and I saw Cornwell waiting inside, and then Hummerston
went in—they came out and Cornwell said "Take it to the Waste"—that is a public-house where there is a vacant piece of ground—Hummerston rolled the cask into the Mile End Gate public-house, kept by Benjamin, where the sign of the Blind Beggar is—we then all went across to Bedford Street again to another public-house—they went in, but I did not—they came out again and Cornwell paid three sovereigns to Hummerston and he gave me a sovereign—I saw my brother two days after and made a communication to him.
Cross-examined by MR. WILLIAMS. I was last in regular employment three weeks before this happened; that was at Mr. Thompson's at Bow—I tell the truth when I have no occasion to tell a lie—I swear that I told the truth before the Alderman—I was asked "Did you receive anything fop going with the men?" and I said "I received nothing"—that was a lie told upon my oath—the Alderman said "Had you any suspicion that the money was stolen?" and I said "Yes"—I received a sovereign as my share—I have been in a police-court before, I had a month for unlawful possession of a chest of tea and seven days for getting drunk.
Cross-examined by Hummerston. I did not roll the cask down, you and Smith rolled it down—you were sitting on a trunk which was run into Fenchurch Buildings, and you called me and a lot of boys to lend you a hand to lift the cask up.
WILLIAM HARDING (City Detective). On 11th August, about 6 o'clock, I went with Mr. Billar and Denning to 102, Whitechapel Eoad, a beerhouse kept by Benjamin—I said that I was. a police-officer, and that Mr. Billar was a wine merchant, that a cask of wine was stolen from his premises, and I had every reason to believe it was brought there—he said "Yes, I have a cask of wine I received on Friday"—I said "From whom?"—he said "From a customer of mine named Cornwell; he also keeps a brothel; he left it with me to sell for him for 8l."—we went to the back of the house, where I saw a quarter cask of wine which Mr. Billar identified—we left an officer in charge of it and went across the road, and Benjamin said "There sits Cornwall at his door; don't let him see me with you, I do not want to bo considered by him a b——rounder"—I went to Cornwell, told him I was an officer of the City Police, and had to make inquiry respecting a cask of wine taken by him to Benjamin's house—he said "I do not know anything at all about the wine"—I sent them all to the station.
Cross-examined. The house is in the Commercial Road—I do not know whether it has been indicted.
Cross-examined by MR. GEOHEGAN. I first knew Benjamin four months ago—I heard that he came to the police-office, but I never heard that he lodged a complaint against me—there are three compartments in the bar—the passage is 4 or 5 yards long, and the cask was about the middle of it and 2 yards from the bar—I call that the back of the house—there are three doors in that passage—I never saw anybody behind the bar but Benjamin and his daughter.
DANIEL DENNING . On 16th August, about 4.30, I saw Hummerston at Seething Lane Police-station—I said "Your name is Hummerston?"—he said "Yes"—I said "You will be charged with others in custody and "there not in custody with stealing a cask of wine at 110, Fenchurch Street"—he said "Yes, that is right; I was asked to do it by Jack Hill, who said he had a brother working there who wanted him to take the wine
and get a truck. I stood by, and Smith with me; we came to the public-house; Smith and Hill fetched the old man, and all four of us went to the Old Mile End Gate. I came in and went back to Bedford Street and received three sovereigns. I had one, Smith had one, and Hill had one; I heard they were in custody, and met Hutt, who told me he should apprehend me for receiving a cask of wine"—I had cautioned him before he said that.
LLOYD JONES . I am a clerk in the prosecutor's firm—on 6th August I went into the cellar, and saw a quarter cask of wine marked "B. and S." and "O. O."—that was going away to the country—the value was 18l. or 20l.—I brought it up with assistance, and placed it ready for delivery; it had an address card on it—I saw it safe at 3.45, and missed it at 5.30—I have seen it at the station; the address card was then torn off.
DANIEL DENNING (Re-examined). On 17th August, when Harding gave the evidence which he has given to-day, John Barton was in Court, and had the opportunity of hearing what he said—the third examination was on the 25th, and it was then that Barton corrected what he had said on the previous occasion, and said that he had received a sovereign.
Hummerton's Defence. I did not roll the cask down; he rolled it down to me. I am as innocent as you are. He said, "My brother works up at the wine merchant's; will you lend us a hand to take a cask of wine down?" I said, "Yes." He said "Go and get a wine truck." I said. "Where?" He said, "At Bent's." I did so, and sat on the truck a quarter of an hour or 20 minutes. Hill then rolled the cask down. He said, "Come on," and we took it down to Bedford Square, went to the Blind Beggar, and then Hill helped me down the steps with the cask, and we rolled it into Benjamin's house. He then said, "Go on to the other public-house, and wait there for me, and then the man who Hill brought out of the public-house came and gave me 3l. Hill said, "Give me one," and I kept one myself; we had some lemonade, for which we tossed up with my sovereign, and I have not seen Smith since.
(CORNWELL and BENJAMIN received good characters.)
NOT GUILTY .
WILLIS PLEADED GUILTY.— Judgment Respited, MR. GEOHEGAN offered no evidence against
BRAY— NOT GUILTY .
JAMES BAENETT PLEADED GUILTY .— Eight Months' Imprisonment. MR. AUSTIN METCALFE offered no evidence against JAMES BARNETT, JUNIOR— NOT GUILTY .
SMITH.— Twelve Months' Imprisonment.
PETERSON.— One Months' Imprisonment.
MR. GEOHEGAN Prosecuted; MR. FRITH defended Bowen. HENRY SQUIRE. I am a gunsmith, of 4, George Yard, Prince's Street, Soho—Gwynn was in my employ three and a half years ago—in July this year I missed eight pair of rifles, four stocks and dies, and other articles, and on examining the premises found that the doors had been forced—the police showed me some of the property.
GEORGE ELLIOTT . I live at 14, Hill's Place—in consequence of instructions from Sergeant Butcher I went on 12th August to a public-house in Long Acre with a man named George—Gwynn came in, and George introduced him to me, saying that I was an engineer from Notting Hill—we adjourned to 13, West Street, Soho, and George said "My friend will look it those things you have got"—we went to the top back room, and George brought some gun tackle from the landing, and some barrels from the foot of the bed, and said "I want 2l. for the gun tackle, and 18l. for the barrels"—I asked him if that was the lowest—he said "Yes"—we went to a public-house, and had a glass of ale, and Gwynn said that his friend was a good pal, he was 18 carat, and George said that he was 22"—I said "You had better stick to him"—he said "Yes, I will do for him"—I said "How about getting the gun tackle away?"—Gwynn said "I have a cabman who has done jobs for me before; he can get them away when the police change duty"—I said that I had not got the pieces, meaning the money, and I would come in the evening.
Cross-examined by MR. FRITH. I keep gentlemen's chambers—I have taken instructions from Sergeant Butcher before, but have not assisted him before—I have not been promised anything for doing this, nor do I expect to get anything from the police—I get my experience—I am not tall enough to get into the police—I have not heard myself called a policeman's nose—I do not know what a nark is—I know that there are people who supply the police with information—I do not know whether they get paid for it, I never did—all this was done out of pure kindness to my friend Sergeant Butcher—I have known him three or four years—I have acted for Sergeant Oder, who I have known about the same time—I never borrowed money of Butcher—ho never gave me a sovereign or half-sovereign, or any sum; only trough the Court—I believe I shall get 3s. 6d. a day—Butcher has not treated me to champagne, only to beer, and I have paid for a glass in return—he has not treated me here—I came here on Tuesday.
GEORGE KNIGHT . I am a brass finisher, of 20, Queen Street, Long Acre—on 19th July Gwynn told me he had got some good things, some gun barrels and stocks, and dies—I said, "That was the robbery in George Yard"—he said, "Yes, I did it"—I believe ho said that the barrels were worth 100l., but he should be glad to get 20l.—on 10th August I met him and told him I knew a friend who bought property like that, stolen proparty, and he left it with me to get a sample of the stocks and dies—he said that he would negotiate it, but he did not like to be seen in it—I got a pair of stocks and dies from him, and some tape, which I took to Mr. Squire—I afterwards saw Gwynn by appointment—we went to 13, West Street—he produced the gun barrels and asked 20l. for thorn—they were taken from under a bed, and I removed them to a table.
Cross-examined by Gwynn. You told me that you carried them away yourself in twice, but I could hardly believe it—you moved them from under the bed to the table, and I lifted them and said how heavy they were—I saw you move them.
Cross-examined by MR. FRITH. I was not set on by the police—I gave information to Mr. Squire, not to the police—I had seen bills posted for a week before offering 10l. reward on conviction and 10l. for the recover of the property; that was previous to meeting Gwynn—I did not know him well; I have not been an intimate friend of his—I had seen him a few days before—he frankly said "Yes" when I told him he was in possession of stolen property—I did not like to go to the police—I expect to get some of thin reward.
CHARLES BUTCHER (Detective Sergeant C). On 13th August, a little after 7 p.m., I was with Church in a public-house in Soho, and saw Gwynn and Knight talking together—they left, and went towards Long Acre—I followed, and saw Church take Gwynn in custody—I then went back to West Street, and saw Power coming out of No. 13 carrying three parcels done up in brown paper—I asked him what he had got—he said that he did not know, it was something a friend had left with him to take care of—I called constable, and told him to take him to Vine Street Station—I went to the top floor of 13, West Street, and found the room locked—Bowen lives there—I burst the door open, and found in a drawer there this jemmy and chisel, this peculiar dark lantern, two pairs of pliers, two pairs of pincers, a small centre-bit, screw-driver, file, and other articles, and two shoemaker's knives—I went back to the station and heard the charge read to the prisoners—I took down what they said—Gwynn said, "That man knows nothing about it; I got the things from a friend of mine, and having nowhere to keep them, took them to him and asked him to let me leave them there"—I said to Bowen, "I found this jemmy in the room"—Gwynn said, "It is not mine; I do not know anything about it"—Bowen said, "What Gwynn has said about the things is true; the jemmy came tied up with the rest of the things"—Bowen said that the lantern belonged to him—it has two holes, one of which has a rod glass, and the other blue; it never throws a bright light, but still you can see.
Cross-examined by MR. FRITH. Such lanterns arc very common, but this one has been done by a better workman—I have known Elliott seven or eight years, and have employed him many times in cases in which I required information—I never paid him a penny; we have had a glass of ale together, sometimes at my expense, and sometimes at his—he has given me his
information for nothing—he is not a policeman's nark—I never lent him 5s.—he has given evidence for me perhaps three times; I can't say as to half 3 dozen—I think Inspector Turpin also employs him—Elliott is an intimate friend of mine; he is a very respectable man, and I defy the world to say that he is not—he loses by this—I am aware that he gets 3s. 6d. a day—I have stood drinks to him many times—I will swear that I have not been seen to give him a sovereign, and I have not lent him one—I do not expect to get any portion of the offered reward—I have not employed Knight.
Re-examined. It is not usual to sell lanterns with blue and red glasses; I should say that they have been put in since—when a detective is well known, and it is not safe to send him to a place, he employs a nose.
FREDERICK CHURCH (Detective Sergeant). I was with Butcher, and saw Gwynn and Elliott in the public-house—I followed them to Long Acre, took Gwynn, and told him the charge—he said. "Yes, I will co with you"—I went to Mr. Squire's, and saw marks of violence on the inner door of the workshop corresponding with the jemmy.
Gwynn, in his defence, stated that he only got the goods into his possession expecting to get the 10l. reward; but that as to lifting them, he was quite unable to do so, having had to pay a man to lift a pail of water for him.
BOWEN received a good character.— NOT GUILTY .
GWYNN— GUILTY .
He them PLEADED GUILTY** to a conviction at Bow Street in, December, 1879.— Twelve Months' Imprisonment.
OLD COURT.—Saturday, September 18th,1880.
Before Mr. Common Serjeant.
MR. GEOHEGAN, for the Prosecution, offered no evidence
NOT GUILTY .
MR. DOUGLAS Prosecuted.
AUGUSTS GABRIEL LAVACHE (Interpreted). I am a box-maker, and live at 96, Offord Road, Islington—on Sunday night, 16th August about a quarter to 12 o'clock, I was in Upper Street, Islington—near the corner of Theberton Street the prisoner came upon mo all at once, took my chain, and ran away—I ran after him and caught him, and he gave me back my chain, because I gave him a knock or two with my. umbrella—he was going away gently, I followed him with a witness, saw a policeman, and gave him in charge—I was perfectly sober.
GEORGE SIMS . I am a labourer, and live at 8, Chapel Street. Islington—I was in Upper Street about 12 o'clock on this night—heard a scuffle and cries, and saw the prosecutor following the prisoner; they got about the middle of Theberton Street and stopped together, I could not see what took place there, it was dark, and I was about 50 yards away—the prisoner then walked away to the top of Theberton Street, crossed the Liverpool Road into Trinity Street—the prosecutor spoke to a constable, who followed the Prisoner and took him—I had not lost sight of him—I am quite certain he is the man.
him in Trinity Street, he had been running—I told him to wait a minute—he turned round and said "You look as if you had been running"—I said "Yes, I have"—he said "You have had nothing to run for this time"—I took him to the station—he refused any name or address—I produce the chain, the prosecutor had it in his possession; it is broken, and so was his gold watch.
The prisoner put in a written defence, denying the charge.
GUILTY .— Twelve Months' Imprisonment.
There was another indictment against him.
MR. LILLEY Prosecuted; MR. HEWITT appeared for Dixon; MR. PURCELL appeared for Jackson.
JAMES WATTS . I am a bootmaker in Pulford Street, Pimlico—on Sunday night, 25th July, about 10 minutes or a quarter past 11 o'clock, I was in Bessborough Street with Mr. Emmett—I had been out for a walk and was coming home, and opposite No. 9 I saw some persons; I could not say how many, because we were bounced upon; there may have been eight or nine—Emmett was knocked down on the door-step, and then Jackson and Gorman were on to me, and I was knocked down and kicked all over, my eye was cut and bleeding—I was held down, I had hold of Dixon with my right hand and he had hold of me—I was trying to get up—some of them said "Keep the b——down"—my watch was pulled right away from the chain, the swivel broke—I did not see who did it—I knew the prisoner before for nearly two years by hanging about the corners of the streets—a constable came up in four or five minutes—Dixon was standing alongside of me and I gave him into custody—I gave the others in custody next day as I came from the police-court.
Cross-examined by MR. PURCELL. It was a fine night—there were gas-lamps in the street—I had been over to Kennington Oval to see a friend with Mr. Emmett and Mr. Jones—we went into one public-house and had a pot of ale between four of us—we were walking together in Bessborough Street, I met two other friends and stopped and talked to them, and Emmett and Jones went on ahead—I did not give a description of Jackson to the policeman that night—he was near my house when I charged him on the Monday—I had known him by sight, but not to speak to—I had some money in my pockets on this night—I did not lose any—my watch was taken—I have not got my chain hero.
Cross-examined by MR. HEWITT. I was close to Emmett when he was shoved into the doorway—I did not interfere in his behalf—Gorman and Jackson then attacked me, kicking me about the legs and trying to knock me down—I don't know where Dixon was at that time, I did not see him then—after I was knocked down I had hold of him, and he was holding me across the shoulders, and when I got up I stood alongside of him till I gave him in charge—T told the policeman he had knocked mo down—I missed my watch when Mr. Jones came up, about a minute or two afterwards—I did not feel anything at my chain.
WILLIAM EMMETT . I am a coachman, and live in Pulford Street—I was in company with Watts on Sunday evening, 25th July—I went with him to Kennington Oval, and we had a pot of ale there between four—we returned as far as Bessborough Street—I and Watts were together; the other two had gone" on ahead; a mob of young fellows came across the road and attacked us; they asked me what I wanted and who I was, and I was pushed down in a doorway—a handkerchief was taken from my breast pocket—after I got up I saw Watts's hat on the ground; he was lying on his back on the ground; there were three or four about him, and Dixon was holding him down; I could not recognise the others—I picked up Watts's hat and ran for assistance—I got assistance directly, Mr. Jones and a policeman, and returned in a second, and Watts was then standing up and Dixon by his side—I saw blood coining from his eye.
Cross-examined by Hewitt. I saw Dixon's face while he was holding Watts; he was leaning over him.
HENRY DURRANT (Policeman B 109). I was on duty in Bessborough Street on this Sunday night—I saw a crowd of persons across the road opposite No. 9—I went and asked what was the matter—I saw Watts and Dixon—Watts said "I have been knocked down and assaulted by the mob, and robbed of my watch"—Dixon was near enough to hear—I said "Do you know who took your watch?" he said "I do not"—I said "Have you any idea, can you describe the man to me?" he said "No, I cannot, only I will swear that this man (Dixon) held me down"—I said "Are you positive that is the man?" he said "I am"—I said "Have you any witness?"—Emmett stepped forward and said that he saw it—I told Dixon I should be compelled to take him into custody—he said "I know nothing about the watch, I only went to his assistance"—there were a number of people standing round—Watts was bleeding from the left eye; he said he had been kicked and knocked about, and was in great pain—he was quite sober, and Emmett also.
Cross-examined by Hewitt. Dixon was standing close by his side when I went up—he was searched, but nothing found on him but a 2s. piece and a knife.
FREDERICK JONES . I lived at 53, Pulford Street, and was a stableman—I was with Watts and Emmett in Bessborough Street; I and my friend had walked on, leaving Watts and Emmett behind—I heard a lot of people running across, and Emmett came and fetched me—I returned, and saw Watts standing up, and his watch chain hanging down; Dixon was standing by his side—Gorman had been talking to Dixon, but when the constable came up he stood a little way behind—I told Watts that his chain was hanging down; he felt his pocket, and said his watch was gone, and said "That is the man that held me down," and he gave him into custody—I afterwards saw Gorman outside the station.
Cross-examined by Gorman. I did not see you take any part in the affair; I saw you speak to Dixon—I wanted to give you in charge outside the station, but they would not let me in—I identified you next day out of eight others at the police-court.
JAMES CUNNINGHAM (Policeman B 133). On 26th July, about a quarter to 6 in the afternoon, I was on duty in St. George's Square, Pimlico—Watts came to me and pointed out Gorman and Jackson; they were crossing towards the Perseverance public-house—I told Watts to stop behind,
and I went and took the prisoners into custody; I told them the charge; they said nothing—Jackson made an effort to get away—I called on the prosecutor to assist me; he did so—Jackson said "What do you catch me for, you b——f——s? Do you think I have got your watch?"—I searched him at the station; 8s. 1d. was found on him, but nothing on Gorman—he said he had no home.
Dixon and Jackson received good characters.
NOT GUILTY .
FOURTH COURT.—Saturday, September 18th, 1880.
Before Robert Malcolm Kerr, Esq.
510. FRANK FOLEY (19) , Stealing in the night time in the dwelling-house of Frederick Thomas Smith a coffee-pot and other articles and 16l. in money, and afterwards burglariously breaking out of the said dwelling-house.
MR. GEOHEGAN Prosecuted.
FREDERICK SMITH . I keep the Temperance Hotel, 97 and 99, Southampton Street, Russell Square—the prisoner was in my service two or three months last year—on March 11th I came down at 6 a.m. and found the front door on the latch and an old coat hanging in the hall which belonged to no one in the house—I examined my secretaire and missed 15l. in cash and notes, but no violence had been used—I also missed a tea and coffee service, an opera-glass, some silver spoons, and three overcoats, two of which I have seen in the possession of the police; one of them belongs to a gentle-man staying in the hotel.
Cross-examined by the Prisoner. You left me suddenly—I did not toils anything—I induced you by subterfuge to come to the house, and then you told me what Mrs. Smith had said to you—I have no doubt a room was entered, where the person hid—an old hat was found in the coffee-room-no bedrooms were entered—I did not think you a thief till you left, but I lad serious doubts about you—on the evening you were arrested you were two hours in a room with Mrs. Smith, but you had not an idea that the key was turned on the other side—that was because there was a difficulty in getting the police.
BENJAMIN FORDHAM . At this time I was a detective sergeant of the E division—I went to the prisoner's house and told him the charge, he said "I know nothing about it, I left the place some time before"—he gave me his address 21, Sturgeon Street, Walworth—I went there—Mr. Wheatley showed me his room, and I found in it 13 pawn tickets, one was dated March 11th, and one March 22nd—they related to two coats—I took Mr. Smith to the pawnbroker, he identified one coat, and a clergyman identified the other.
prisoner occupied one of my rooms, which I showed to Fordham, and I saw him find some tickets there.
HARRIETT BROWNING . I live at the Coffee Palace, 115, Finsbury Pavemeat—I was formerly a waitress in the prosecutor's service—the prisoner left last Christmas, and I have seen him about the house since.
Cross-examined. I remember a young American calling on you before Christmas, and I noticed that you tried to avoid hit company, you told the cook to tell him you had left—you wanted me to buy a ling, and come twice to ask me to do so—the porter told me you wanted to borrow money of him.
Prisoner's Defence. I knew this American before I was in Mr. smith's service; he showed me an advertisement, and told me to go and get the situation, and I got it. He came there and asked me several questions, which I thought were not right. I told him I hid to lit up till 12 or half past, and he offered to keep me company. I said no, but one night he persuaded me, and I allowed him to do so. I was in the kitchen all the time and I had no idea he would do anything wrong, He sold me these two coats for 10s. When I left Mr. Smith's service I sold one, and wore the other till I pledged it in March. I met Mr. Smith whelk I had the coal on, but Idid not know it was his coat. I pawned both coats in my own name, and gave my right address.
NOT GUILTY .
MR.G. P. GRAIN Prosecuted; MR. FILLAN Defended.
The Jury having heard MR. GRAIN'S opening, stated, after the commencement of the case, that they did not wish it to go further.
NOT GUILTY .
MR. GRAIN offered no evidence.
NOT GUILTY .
MR. LEVEY Prosecuted.
THOMAS BILTON . I am a printer, of Holloway—on Sunday evening, 15th August, I was passing along St. Paul's Road, Canonbury, and saw the prisoners come from a gateway two or three doors from the prosecutor's house—they went into another gateway, and then to the prosecutor's house—Frost jumped over the railings, as the gate was fastened—I was too far off to see what he did next, but Evans was standing outside—I went up the street, passed the house, and came down the other side and watched behind the bushes—Evans stood there, and when any one came along the same side he gave a low whistle—in about five minutes Frost climbed over the railings, and they went down St. Paul's Place—I followed them—they turned back and kept looking round, and then went back to the procecutor's house—I got a constable, and we followed them and found Evans outside—we searched the
back of the house, and presently the prosecutor returned with his wife and another lady—Evans said that he had been with a friend to see a young lady home—I asked him why he was leaning against the post—he said that he felt rather sick—the prosecutor said "You don't look sick"—(MR. GEOHEGAN was here instructed by the Court to defend the prisoners, in consequence of a letter sent by Frost's master, Mr. Fisher.)—we entered the house by the breakfast parlour window, which was opened by some one inside for somebody else to pass through, and saw Frost there—he made a few remarks to the prosecutor, but I did not take much notice—he was taken in custody—he was confronted with Evans inside, and said that he did not know him, but one of them, I don't know which, said outside, "Go home quietly, Harry."
Cross-examined. Mrs. Stanley was called at the police-court—she is not here—the prisoners were asked at the police-court whether they would like her to come here, and they said "No"—I heard them say that she gave them permission to go in, and she was called to negative that—they were not represented by Solicitor or Counsel at the police-court—I believe one of them has 10 years' good character—I saw no signs of drink about them.
Re-examined. They said that the prosecutor's wife had given them permission to go in in the forenoon—the case was put off, and the Magistrate ordered Mrs. Stanley to be there, but he told her it was not necessary for her to be here.
DAVID HARTLETT (Policeman N 170). On Sunday evening, 15th August, I was on duty in St. Paul's Road, Canonbury, and accompanied Bilton to No. 23—I saw Evans standing outside, and asked him what he was doing there—he said that he had just left a friend, who accompanied a young lady home—I said "You have no business here now"—he said that he felt sick—I sent Bilton for another constable, and we then examined the premises, and found everything pretty correct back and front—two ladies came up, and went in with us—we went down to the breakfast-parlour—the door was locked—one of the ladies produced the key—we went in, and found Frost lying on a couch—he pretended to be asleep—I asked him what had brought him there—he said "All right, governor; I am out of work; I thought I would come and lie down"—the shutter was broken, and the window down—it was a wooden shutter, with a bar fixed to it, which was uppermost—Mr. Stanley came in by the breakfast-parlour window—Frost said that he got in by Mrs. Stanley's permission; she contradicted him—her husband was not then present.
Cross-examined. Mr. and Mrs. Stanley did not come up together—nothing was disturbed or taken—the sofa was not next the window, it was on the other side—we walked down the stairs to the breakfast-parlour—I had my usual boots on—I did not turn the handle—the lock turned easily—I know it was locked, because Mrs. Stanley opened it with a large key which she took from her pocket—when we got in we found Frost still lying on the sofa—he did not say at once that Mrs. Stanley gave him permission, not till five or ten minutes afterwards—Mrs. Stanley and the young lady were there, but not Mr. Stanley or Evans—I did not mention at the police-court that Frost said that Mrs. Stanley gave him permission to enter; I forgot it—Mrs. Stanley was called, but not bound over—Frost also said that he had gone in the previous night with Mrs. Stanley to hang up some pictures—I did not mention that at the police-court—I asked Mrs. Stanley about it, and she contradicted it—it was mentioned at the police-court
by Frost himself—he also said that she invited him to come next day to shake the carpets—that was said in the charge-room, before we went before the Magistrate—Mrs. Stanley is a young lady—there was a carpet down in the breakfast-parlour—the window was not open when I went in—I did not try whether it could be raised up—I mean to tell you that while we went down and while we opened the door Frost lay on the sofa all the time.
Re-examined. I heard the solicitor request the Magistrate to bind Mrs. Stanley over—Frost said that she told him to come at 11.30 at night to put down the carpets, but that was not in her presence.
—----BROCKWELL (Police Sergeant N 11). On this Sunday evening Bilton fetched me to 23, St. Paul's Road, and I saw Evans detained by a constable at the garden gate—I entered the house by the breakfast-parlour window, which was closed, but I lifted it up—when I got in I found the left shutter was broken off at the hinges, and was lying on the floor—Frost was sitting on the sofa, detained by the constable—I asked what was the matter, and the constable told me—I said to Frost "You hear what the constable says?" and he said, looking at Mrs. Stanley, "She told me to come here between 11.30 and 12 in the morning to take up some carpets and hang some pictures"—the word "morning" was used—I asked him "What time?"—he said "In the morning"—I asked Mrs. Stanley if it was true—she said "I told him he might call on Sunday morning to know whether he was to come on the Monday—I saw this (a short club) in the room in the prisoner's presence.
Cross-examined. I did not make a note of the conversation, there being a very few words—Frost said that he had been there the previous day—I have found out that one of the prisoners has injured his arm, and was an in-patient at the German Hospital, Dalston—they both bear good characters—Frost is in Mr. Fisher's employ, a stationer—no one but Mr. and Mrs. Stanley live in the house that I know of—I have not seen any servants—Mr. Stanley came in just after me—the prisoners were sober.
Re-examined. The statement about Frost having come the day before was made in Mr. Stanley's presence—I understand that Frost injured his arm by a fall.
GEORGE STANLEY . I live at 23, St. Paul's Place, Canonbury—on this Sunday morning I left home about 7.30—the house was then safe—the breakfast parlour window was broken at the top, but the bottom was secure and the shutters fast—the door was locked, and my wife had the key—I returned at a little after 12 that night, and found the shutter forced open, broken, and on the floor—Frost was in the room and Evans outside—I got in at the breakfast parlour window—I have lost nothing.
Cross-examined. The house was not being cleaned and repaired on the Saturday, but it was on the Friday—pictures were being hung up, and frost was employed—some pictures were brought from the breakfast parlour into the parlour on Saturday, and Frost was employed, but I was not at home; my wife was—I came home on the Saturday "about 11 o'clock; my usual time to come home is from 9 to 11 and sometimes 12 o'clock—I left home at 7.30 on Sunday morning, having on the Saturday night, about 12 o'clock, made an appointment to go out with a friend, which I communicated to the servants and to my wife—I went to Broxbourne—I intended to come back the same night about 11 o'clock or later, and I told
my wife—she is not here—I heard her examined at the police-court, but I did not hear Frost suggest that he came there at her invitation—the policeman told me that that had been said—we have been married about 18 months, and live on affectionate terms—she was out with my knowledge that evening at her father's, and came home at 11.30—she did not go to Broxbourne with me.
Re-examined. I expected to get home between 11 and 12—I told my wife I should be home about 12.
By the JURY. I left home first that morning—I left the breakfast parlour safe, and my wife had no necessity to go down there—I take down the shutters—my wife took the key, because they are all on one bunch, street door key and all, and she knew I should not be home till late—we did not breakfast in the breakfast room that morning.
NOT GUILTY .
MR. LEVY Prosecuted; MR. PURCELL Defended.
MARY ANN GREEN . I am the prisoner's wife—we live at 9, Garden Place—on 21st August I was with him and others in the Duke of Sussex public-house—he went out and left me there—he came back and called for a biscuit and cheese—he gave me a piece of cheese and then pulled me down on the floor backwards and said "I might as well do it at first ag last," and I felt a knife at the back of my neck—I did not give him in custody—a doctor was fetched, who bandaged me up.
Cross-examined. We have been married six years—that was our wedding day—we had been living apart—he was using a knife with the cheese—they were singing a song, and I joined in the chorus, which aggravated him—I wanted to go out and he would not let me pass—there was a scuffle and I fell, and while I was on the ground I felt the knife at the back of my neck.
ANN NICHOLLS . I live at 102, Brunswick Street—on Tuesday evening, 31st August, I was at the Duke of Sussex with the prisoner and his wife—the prisoner came into the bar suddenly and ordered some bread and cheese—he called for some ale, and said to Mrs. Green's mother, "Don't give that b—cow anything"—he went out for a quarter of an hour, came back, and said he wanted cheese, a buiscuit, and a knife, which were given to him—he ate a bit of cheese and biscuit, and all of a sudden he attacked Mrs. Green with the knife and tried to cut her throat—he knocked me down and I got the knife from him once, but he got it from me—they had two or three words before he knocked Mrs. Green down, and he said that he meant to do for her—on the day before that we were at the George IV., at Dalston, and he said to his wife that he meant to corpse her or corpse himself—we were sober, but Mrs. Green was not.
Cross-examined. I forgot to tell the Magistrate about the corpsing—I have known Mrs. Green three years—I did not know that she was living apart from him—her joining in the chorus aggravated him—he wag not sober, and, like most drunken men, he talked a great deal of nonsense.
J. GREENWOOD. I am a medical practitioner, of 18, Queen's Road, Dalston—I was called to the prosecutrix and found her bleeding from an incised wound on her left ear, produced, I believe, by this ordinary dinner knife (produced)—it was a slight wound.
Cross-examined. It was of a trifling nature the cartilage was divided and slightly bleeding—it was such a wound as might be caused in a scuffle.
Cross-examined. His wife gave him in custody—I am sure of that.
NOT GUILTY .
MR. GEOHEGAN Prosecuted; MR. PURCELL Defended Trim.
JOHN SHIPTON (Policeman X 21). On September 3rd, about 10 p.m., I was on duty on Ealing Common, and saw a man wheeling a barrow; Cluny and I followed him to Ealing Railway Station, till the barrow came back and the two prisoners with it—they live together—we laid down on the grass and saw Trim wheeling the barrow—we followed to a gateway, where they took something out and took it into the house, and a man not in custody took the barrow back—we got two gentlemen's assistance and knocked at the door of the prisoners' house, but received no answer—we went to the rear, and Cluny got over a wall and knocked at the back door—I looked in at the window and saw Trim enter the room, throw off his clothes, and get into bed—I lifted Cluny up—he got in at the window and Trim jumped up and said "What is the matter?"—I knew him before, and took him in custody and handed him over to a constable—I then went down stairs with Cluny, and in the back kitchen found a sheep, dead and warm, and partly skinned—Harris was crouched in a corner, and with his tons all over blood—I said "Slenderman, you are here;" he said "Yes"—I said "You will be charged with being concerned with Trim in stealing a sheep"—Cluny went to take hold of him, and he aimed a blow at him and sent him against an earthen pan.
Cross-examined by MR. PURCELL. Trim is a greengrocer at Ealing, and serves me—four families live in the house where he was found—we kept continually knocking at the door—the sheep had been killed in a field—I know now that a butcher's business is carried on there.
Cross-examined by Harris. You had a policeman's lantern in the room—I caught hold of you—you struck me with a stick and knocked the light out, and then I knocked you down and we went down several times—Cluny came back, fetched a light, and we got a handcuff on you—when we knocked at the door the light disappeared—you got me fey the the throat, and I said "Hit his arm"—another man was taken, but I could not identify him, and he was let go—when I told you the charge you said you knew Nothing about it.
SAMUEL CLUNY (Detective X). On 3rd September, about 10.30, I was on duty at Ealing, and saw a man with a truck, who afterwards came back on to the common—the prisoners were with it—I did not know them before—I crawled along close to them, and saw them open a gate and back the truck, but they could not get it in as two other trucks were there—we told two young gentlemen, and at a little before 12 we returned, knocked at the front door, but could not get in—we went to the back, and Shipton lifted me up, and in at the window, and I fell on the bed just as Trim was getting into it—I went into the kitchen, and found a sheep with its fore legs broken,
and in a second kitchen I found Harriss in a stooping position, with his hands all over blood—I took hold of him and led him to the door—he struck me a violent blow, which knocked me into a brown pan and loosened my teeth—he was taken in custody—I said "Here is your jacket," and handed it to him—he said "That is not my jacket"—I said "We will take care of it"—I found this wool in the pocket—I found two large knives in the kitchen—Harriss said "I have had enough of you, I will go quietly"—I gave him his boots, and he put them on.
Cross-examined by MR. PURCELL. I said nothing when I got in at the window, but we had been talking outside—Shipton said "Sam, I know him"—Trim said "What is the matter, I know nothing about it."
Cross-examined by Harris. I had a lamp—you were not in the kitchen where the sheep was—I went up to you, and you took me by my right hand and said "I am done," and struck me down, light and all—I sung out for a light, and the sergeant brought one—I hit you with a bit of cane knotted at the end—you fell like a sheep, and so did I—I do not know Dankey—I swear that this is your jacket, and the woman you live with says so also.
Re-examined. The people inside the house could hear us walk up, but could not hear our conversation.
JAMES HOOPER . I am shepherd to Mr. Coctching, a farmer at Ealing—I had 12 sheep safe on Acton Common, and I got up at 5.30 on 4th September and missed one—I can identify this skin (produced) by the letter "C" where the wool has been pulled out—I also identify this hoof, which I took off the skin—the sheep was lame—one of the twelve sheep suffered from what is on this hoof; it is foot disease, and I cut the bark off for new bark to come on.
Cross-examined by MR. PURCELL. That is a very rare disease at Ealing.
Cross-examined by Harriss. I never saw you about the fields—I think I have seen you once before you were taken—my master was not called before the Magistrate.
JOHN CLARIDGE . I sell greengrocery, and live on Ealing Common—I know both prisoners—on Friday night about 10.30 or 11, I saw Trim by the side of the road with my truck—I have not seen him since till now—I kept my truck in the George Hotel yard—Trim had no right to take it.
Cross-examined by MR. PURCELL. He had borrowed it before, but he took it without my knowledge that time—he has had it for a week with my consent—this is the first time I have given evidence—I was brought here by the detectives.
WALTER GADDY . (Policeman K 316). On Friday, 3rd September, a little after 11 o'clock, I went to Trim's front door—I was let in and saw Trim in the parlour—he was given in custody by Shipton—I went down stairs and saw Harriss struggling with Cluny and Shipton—I assisted in putting handcuffs on him—Trim said "I have not seen the sheep, and if this man tells the truth he will say so"—Harris said "I know nothing more about it than he does."
Cross-examined by MR. PURCELL. I do not think it was either Shipton or Cluny who opened the door.
The Prisoners' Statements before the Magistrate. Trim says: "I am not guilty; I never saw the sheep from first to last." Harris says: "I am guilty of being in the back cellar, but not of stealing the sheep."
Witnesses for Trim's defence.
CHARLES COOMBS . I am barman at the Grange Hotel, Ealing Common—I know both prisoners—I remember a little disturbance taking place on the common between me and a party—I can't say the day of the week or month, but I saw Trim there the same evening between 8 and 10—a butcher was also there—I do not know his name—Trim remained half an hour or more—two gentlemen came up in a trap—Trim was outside—I saw him in and out—later in the evening he came in and fetched a quart pot—I refused to serve him—I afterwards let him take the quart pot away—Trim's house is not half a dozen yards from the hotel—I do not know the butcher's name—Trim went out to him—I saw Trim next day, but did not see him again.
ELLEN JANE TRIM . I am staying with my aunt—on the night Trim was taken in charge he came in at eight o'clock to his tea, and after that he took the baby out, and brought him in again in half an hour—he went to the hotel about 8.30, and I stayed at home with the baby—I saw Trim again several times during the evening in and out—I went to bed about 11.30—he came and told me to go to bed, and I went directly—I got my aunt's supper at quarter to eleven, and he came into the shop with a glass of ale, and I think he had a paper in his hand—I was in the back parlour when he came in.
Cross-examined. Trim is my uncle, and I was staying in his house—I heard no loud knocking, but I heard a noise in the room—I do not know whether any meat had been brought into the house that day—I did go to the police-court; my aunt told me to come here to-day.
GEORGE WYE . I am a shoemaker, and occupy the top floor of this house, 8, Matthews Road, Ealing Common—on the night Trim was taken I saw him at 8.30, 9, and 10 o'clock—I saw him bring in a glass of beer, and he had a glass of beer in the hotel after 9 o'clock—after that he went out of public-house, and I next saw him at 11.15—I mended one of his boots for him two months ago—I asked him for a pennyworth of onions about 11.20, and he could not find any—I did not see him go to bed—he caught up his boots—they were perfectly dry, and he said "What can you do with these?"—I said "The best thing you can do with them is to chuck them on the fire."
Cross-examined. He was in his shirt sleeves—his boots were under the counter—I knew he was in custody, but did not go to the police-court—I am subpoenaed here to-day—he brought in a quart pot of beer that night—I said that he had a glass of beer—he was not drinking with me in the public-house—I left the public-house at 11 o'clock, and I don't suppose I left him till 11.20 or 11.30.
Harris's Defence. I knew nothing of the sheep being stolen.
GUILTY .— Eight Months' Imprisonment each.
OLD COURT.—Monday, September 20th, 1880.
Before Mr. Common Sergeant.
Before Mr. Justice Stephen.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
518. HENRY MONTAGUE (40) and ELIZABETH MONTAGUE (25) , Feloniously breaking and entering the dwelling-house of Henry Watts Mason and stealing therein 11 pictures and other articles. Second Count, feloniously receiving the same.
MESSRS. GILL, and HORACE AVORY Prosecuted.
HENRY DAVID SMART . I am station-master at Maze Hill Station on the South-Eastern Railway—the house No. 3, Maze Hill was left in my charge by the prosecutor, and the key was left with me—he went away to the seaside—I was in the house on Thursday, 5th August, at 3.30, when all was safe—on Saturday evening the 7th my attention was called to somebody having been in the garden and stamped down all the vegetable plants—I then sent for the key of the house, which was in my desk—on going in I noticed a pane of glass had been taken out of the back door—the door was open—I returned immediately to the side gate, and called one of my men to send for the police—I found the door was barricaded; inside the house was turned upside down, the pictures were removed from the walls of four rooms, which I knew were safe on the Thursday—the wardrobes were all forced open and the chiffonier—a screw-driver was found afterwards—those two pictures (produced) I saw at the police-court: they were in the house on Thursday.
HENRY WATTS MASON . I am an artist, and occupy No. 3, Maze Hill—on the 27th July I went away, leaving the key of the house with Mr. Smart—it was perfectly secure, and iron put on the shutters—those pictures, blankets, sheets, &c., were safe in my house—the value of the whole property stolen is about 100l.—those produced are only some of the goods—I found this lantern under my dressing-table.
CHARLES WILKS . I am yard foreman at Maze Hill Station—the houses known as Maze Hill are close to the station—on Saturday, 7th August, I was on duty about 6.30 a.m. when I heard the closing of the gate at the rear of No. 3; I went through the station, and the male prisoner called me to assist him with a packet of pictures and a black Gladstone bag—they were then standing outside the gate leaning against the wall—he said "I am sorry I have lost the 6.23, as I wanted to catch that train"—I asked him if he would have them labelled he said No, he would lake them with him in the carriage, and I told him to go and get an excess ticket, and he took a second-class ticket to Greenwich and an excess ticket for the packets—I saw him get into the carriage—the packet of pictures might be three feet in length or a little longer—the bag was very bulky—it seemed as if it was crammed full of something.
Cross-examined by the Male Prisoner. I only thought they wore pictures from the shape of the parcel—it looked as if it were two or three pictures,
and a large one was done up in a sheet with a piece of sash-line and clothes-line.
ROBERT GREENUP . I am ticket collector at Greenwich Railway Station—I saw the male prisoner arrive there by the 6.53 from Maze Hill—I said to him "Good morning, you are early to-day"—he had a large Gladstone bag and a parcel and a green baize bag, which he carried himself.
Cross-examined by the Male Prisoner. The Gladstone bag and brown paper parcel were carried by the porter, and in your hand you had a green balze bag.
HENRY PHILLIPS (Inspector R). On the 7th August, about 10 p.m., I received information of this house being broken into at Maze Hill, and on the 8th August I went to Monmouth Cottage, Blackheath Road, accompanied by Goodwin, and was let in by the male prisoner—the female prisoner was sitting in an armchair in the drawing-room—I said "We are police officers making inquiries respecting an occurrence of yesterday morning at Maze Hill Station; I understand you were there with some luggage"—he Mid "No, it is a mistake, I was not at Maze Hill, was I, dear?"—she said "No, you called the servant between 6 and 7 o'clock; I recollect that so well, because you rowed her for not getting up"—I then directed the male prisoner to walk out into the street, when Wilks came up and in the prisoner's presence said "That is the man I saw with the parcels at Maze Hill yesterday morning"—one of the Greenwich porters said he was the man at first, and when he got into the house he was doubtful about him—I them fetched Greenup—he put out his hand and offered to shake hands with, the prisoner, and said "I am sorry to have to come to you, but you are the gentleman I saw with the parcels yesterday morning"—he said "No"—Greanup said "Don't you know I said 'You are out early this morning'?"—I told him a house had been broken into at Maze Hill, and he had been identified as coming away with the property, and I should take him into custody for housebreaking—he said "I might tell you at once these things do not belong to me; this house is furnished, and I occupy it at 2l. a week"—it was most elaborately furnished.
HENRY GOODWIN (Police Sergeant R). On Sunday night, the 8th, and the following morning, I searched the house in which the prisoners were living—on the Sunday night I did not And anything that could be identified—I made further search by daylight on Monday morning, and about half-past 10 o'clock I found under the bed in the back bedroom 10 pictures, which have been identified by Mr. Mason, and in other parts of the house I found some property, such as books, gloves, smoking-caps, &c., also identified by Mr. Mason—the female prisoner was there when I found the things—nothing was said about them—I also found blankets, a dressing-case and fittings, 17 yards of silk, two brooches, a paper-knife, and several other articles, which were afterwards identified by Mr. Fowler—I also found two coats, three pairs of trousers, two pairs of curtains, a table-cloth, and other articles, afterwards identified by Mr. Rogers—they were in the house when they were found, and identified the property as I found it—I also found a velvet gown, which was identified by Miss Vaughan—the first I saw of the velvet gown was on Sunday night, when I noticed the female prisoner wanted the child to put its hand in her breast, as it was in the habit of doing, and I found it was a velvet dress trimmed with lace, and I said "There is one that has been stolen from Charlton that somewhat
answers this description"—she said "It is mine, I have had it for years"—I said nothing further about it—I was searching the house the next morning with Miss Vaughan, when I found the dress turned inside out and Miss Vaughan said "That is my dress," and Mrs. Montague made no answer—at that time she was crying.
The Female Prisoner. My husband said on Sunday night would I try it on, it was not the whole dress, only the polonaise I said it was not large enough, and I had it on only a few minutes when Sergeant Goodwin came in. I did not say I had it for years. I only had it on Saturday as my husband was taken on the Sunday.
THOMAS PERCY EVANS . I live at East Greenwich, and represent Mr. Orchard, the owner of Monmouth Cottage, Blackheath, which was let furnished at a weekly tenancy to the male prisoner—I went through the house before it was occupied by him, and I knew the furniture and articles in it and had an inventory of them—after the police had been there I went through the house again with the inventory and pointed but to the police what things belonged to the house—I gave over to Sergeant Goodwin and Sergeant Phillips every article that did not belong to me—these articles were not in the house when it was let to the prisoner.
Cross-examined by the Male Prisoner. Mr. Orchard let you the house.
LOUISA JANE FOWLER . I live at 2, Devonshire Road, Greenwich, and am a widow—I saw a sewing machine at the police-court, two rugs, a table-cloth, 17 yards of silk, and other articles—a quantity of flannel and dressing-case are still missing—I left my house on the 14th May—all the articles were missing when I returned on the 23rd—the wall had been knocked down between an empty house and one of the bedrooms.
JOSEPH ROGERS . I live at 6, St. Thomas's Terrace, Charlton—I left my house on the 22nd July—when I returned on the 6th August I found the place had been broken into, and everything was in a state of confusion—amongst the things I missed were a rug and some carpets, a table-cloth, two pairs of curtains, &c, which I identify—they were safe when I left—I found this crowbar and a dark lantern—they were not there when I left.
KATE VAUGHAN . I live at 6, St. Thomas's Terrace, Charlton, and am single—I left my house on the 24th July; it was then all safe—I returned on the 6th August—amongst the articles I missed was a velvet dress, also two brooches, two pairs of earrings, and a silver Albert chain—I identify this dress; I have also identified some of the jewellery—the house was in a fearful condition.
The Prisoners' Statements before the Magistrate. Henry Montague says: My wife knows nothing about it; whatever has been transacted has been done by myself with some one else, and I have never broken into the houses which I am charged with. I do not know where some of them are. I certainly did assist to carry one or two things, but I was not aware the houses were broken into. I was asked to wait at the station, and the things were brought to me, so that I might take them by train. Some of the things were sent to me, and many different things were sent to me to be got rid of, but I did not know where to do so. Some of the things were given to me for assisting in bringing the things. I bought some of the dresses from these parties, which I gave to my wife. I was not aware anything was wrong until I was taken into custody. During the time my wife was maintaining herself in Ashburnham Grove I was endeavouring to
obtain orders for books. I found I could not do so, and was obliged to come home, and at the time I had the things, was about six weeks before I was taken into custody, and one of the men stated I was to keep some of them until he came to lodge in the house I had taken. He was to have the back bedroom and use of the sitting-room. This is also my answer to the other charges." Elizabeth Montague says: "Last year I maintained myself and bought a dress and under-clothing for my husband at Stagg and Mantle's and different shops. I maintained myself at Gravesend by the help of my friends, also at Ashburnham Grove. My husband did not come there till I had been at the house for some time. Several of the things belonged to my sister. This is also my answer to the other charges."
HENRY GOODWIN (Re-examined). Both parties made similar statements that they were married on the first Sunday in May, 1875, at St. Margaret's, Westminster—I searched the register of marriages there from 1874 to 1876, and I found nothing of the kind; I also searched at Somerset House with the same result—the female prisoner said her maiden name was Elizabeth Richards.
The Male Prisoner, in his defence, said he had been drawn into the affair by becoming acquainted with a man named James Fletcher in the middle of June, who said he would give him 1l. a week if he would take charge of some of his property; that Fletcher then asked him to take a house, and he would give him 25s. a week; that he took a furnished house, and Fletcher sent several parcels to be taken care of; that Fletcher stated he had lots of things for sale, and his wife was dead, and some of the things would suit his (prisoner's) wife, and some would suit him, and that he purchased some; that with regard to the Maze Hill charge, Fletcher asked him to meet him on the Friday to assist him to carry some things home, that he did so, and that Fletcher left a parcel in a room he was to occupy. He then left, and prisoner's wife was then asleep, and did not know that he had been out; that he called the servant, and had a good row with her because she did not get up; that he never knew the things were stolen; that he had plenty of opportunities to get away from Saturday morning to Sunday night, and if his wife knew it, she would have gone away. With regard to the velvet dress, his wife was wearing a black silk dress trimmed with lace material the whole afternoon. The other charges he knew nothing about, and did not know where the houses were situated, and it was physically impossible for him to break open houses and bars, as he had been suffering from a weak arm for four years.
The Female Prisoner, in her defence, said she did not know the pictures were in the house.
HENRY MONTAGUE— GUILTY .— Five Years' Penal Servitude.
ELIZABETH MONTAGUE— GUILTY of receiving.— Twelve Months' Imprisonment.
MR. CUNNINGHAM Prosecuted; MR. HYNDMAN Defended.
EMMA ROBINSON . I am the wife of Edwin Robinson, of No. 1, Broad Street, Greenwich—on the 22nd July I was staying at Mr. Spicer's in the place of my sister, who was away—I went to bed that evening about 10 minutes past 11—I previously saw the coats in the hall, and I shut the
place up back and front—I left the front door so that Mr. Spicer, who was out, could let himself in with the latch-key—I cannot swear to the coats—I did not miss them till I was told the next morning.
Cross-examined. It was between 11 and 12 when I went upstairs to bed—I am sure I closed the front door, and it could not be ajar, unless a key had opened it—I last saw the coats at 10.30, when I came in at the front door—I had not a latch key—Mr. Wilkinson opened the door and I shut it—I did not hear a noise in the night—I never heard before the following day that the coats were missing.
ARTHUR WILKINSON . I lodge at Mr. Spicer's house, and was at home on the 22nd July at 9.30 p.m.—I hung my coat in the hall, where there were two others belonging to Mr. Spicer—the coats were missing on the following day—I identify the coats (produced)—the value of mine was about 30s.
Cross-examined. I have a latch key—I have never lost one—only Mr. Spicer besides had one—about 12 o'clock I heard a noise, and thought it was Mr. Spicer, but he came upstairs about five minutes after—I told him the noise I had heard, and we looked through the house—we gave no alarm to the police—Mr. Spicer told me the front door was open.
GEORGE SPICER . I live at 28, Ashburnham Road, Greenwich, and am a salesman—I returned home about 12.30 on the 22nd July, and found the door was open—I searched the house and found no stranger there—I missed the coats—these two coats are my property.
Cross-examined. I expected to find a stranger there, when the front door was open—I have never lost a latch key—it is an ordinary latch lock, and not a Bramah or a Chubb unfortunately—this is like my key (produced).
WILLIAM EAST (Policeman P 331). I was on duty on the morning of the 23rd July, in New Cross Road, Deptford, about 12.50—I saw the prisoner hurrying along towards Greenwich—I stopped him and asked him now he came by the coats—he was carrying two, and the top coat he was wearing—he said he bought them—I asked him where, he said Croydon Wide—I said I was not satisfied with his statement, and I should have to take him into custody for unlawful possession of the coats—he asked me what station I would take him to, and I said Lewisham, and with the assistance of another constable I took him—on searching him I found 4 1/2 d. in bronze, two keys, and a box of silent matches—the two keys were found in the lining of the inside coat he is wearing now—the latch key opened Mr. Spicer's door.
Cross-examined. I know no reason why an innocent man should not carry two coats—I had my suspicions that he was not an honest man—it would take about 20 minutes to get from the corner to where I saw the prisoner—I searched and found no such place as Croydon Wide—he gave me another false address—the two keys were skeleton keys (produced)—this is a key ordinarily used by burglars, and would open almost any box—I went to the prisoner's house, and unlocked the lock of a box with this key, but I did not open the box because it had been broken open previously—the latch key I found on him I opened four doors with—it might have opened a thousand for aught I know.
The Prisoner's Statement before the Magistrate. "I never entered the man's house, nor committed any burglary. The coats were given to me by a man to carry up to New Cross Gate from the Centurion. The man asked
me if I was going that way, and he said he would give me a shilling. I said I did not mind, I was going that road, He told me to wait at the Centurion while he went round the corner, and he brought a young woman with him. He told me to go up the road, and said he would catch me before I got 50 yards, and he was talking to the young woman. I went along thinking he would come, and when t got up to Lewisham Road a policeman stopped me. I looked back, but could not see the man. The policeman said "Where did you get the coats?" I said they belonged to me, not knowing what to lay at the time.
GUILTY .— Twelve Months' Imprisonment.
MR. CROOME Prosecuted.
ELLEN APPLETON . I live at 217, Evelyn Street, Deptford—on the 12th August I had three sovereigns in my drawer, and I had nine reserved in my cash-box—my drawer was not locked; I did not go to it that day—in the evening I went out for an hour—that day I missed two of the three sovereigns that were in the drawer—I had not been out before I missed them—the only other occupants were Mr. Evans and His son—on missing the sovereigns I said to the prisoner I had missed two sovereigns, one English and one Australian, and that was all that passed On that occasion—on Saturday, the 4th September, I went to the cash-box, when I found the lock was unlocked, and three sovereigns Were taken and Six left; I had previously seen them in the purse inside the box—I said to the prisoner "I have lost three sovereigns; that is five within three weeks; this loss I cannot stand"—she said she did not know, if was a bad job—I Said that no one had been in my room; that I always locked my door when I went out, and nobody was in the house but her and Mr. Evans—I was not aware then that the key of the next room opened my door—I did not send for the police till Mr. Evans returned, and then I gave the prisoner into custody—she said in the room before the policeman "I have taken the two, but not the three"—at the station she admitted it again.
THOMAS FRANCIS (Police Sergeant R). On the 4th September I was called to the house, and saw Miss Appleton, and after some conversation with her I called up the prisoner to me, and told her that Miss Appleton had had five pounds stolen, and asked her if she knew anything about it—she said "No"—I told her she was suspected of stealing it—I went upstairs with Miss Appleton, leaving the prisoner in charge or a constable—I examined the room, and I found the key of (he back room would unlock Miss Appleton's room door—I told the prisoner that Miss Appleton Was going to charge her with stealing the money—she said "I admit taking the two, but not the three; I found them in Miss Appleton's room against the drawers"—I asked her what she had done with them, and she said she had spent them.
MARY HAWKINS . I am female searched at Deptford Station—I Searched the prisoner on the 4th September, and found on her 8s. 8¾d.; she told me she had picked up two sovereigns against Miss Appleton's chest of drawers, and had spent them, and knew nothing-about the three.
GUILTY .— Judgment Respited.
Before Mr. Common Serjeant.
521. WILLIAM JOHNSON (29), MATTHEW STEVENS (32), JOHN COVY (30), HARRY STEVENTON (18), and JAMES SMITH (25) , Stealing a purse, 6l. 5s. 0 1/2 d., and other property, of Harriet Gibbs, from her person. Second Count, receiving.
MR. RIBTON Prosecuted; MR. PURCELL defended Steventon and Smith;
MR. RAVEN defended Johnson and Stevens.
HARRIET GIBBS . I live at Fair Hall, Nottingham—I am single—on Monday, the 9th August, I was driven in my carriage to the Post-office, Eltham—I applied for an order for 6s.—I took the 6s. from my purse—it was in silver—I then put my purse back in my pocket—there was 6l. 5s. 0 1/2 d. in it, four half-sovereigns, and four sovereigns—I missed my purse instantly—there were also in the purse a bill of Mr. Bedford, who has a shop in Oxford Street, one of Kempton, a watchmaker, a small piece of court plaster, a printed text of Scripture, a hymn on a green leaflet, and a document of my own relating to my business, a ticket of the Civil Service Stores in Victoria Street in Mrs. Hartland's name—I identify these articles as my property—they were all in my purse, which has several compartments—this (produced) is the remains of some lines that were written, and these two stamps I tore off an envelope that morning—I could not swear to these two penny stamps, but I had two, and two halfpenny ones, only four altogether, not 12—I do not know anything of these coppers and blotting-paper produced.
Cross-examined by MR. PURCELL. The post-office was full—I could not get served at first, and I was about to go away—the assistant stopped me—I had no umbrella, sunshade, or bag—I drove from the post-office to the police-station—I missed my purse immediately after I got the order—I had not left the counter—the post-office is a stationer's shop as well—the stationery counter is on one side, and the post-office at the end—I had to cross the shop to get to it—there are shops on both sides the post-office, and it is a public thoroughfare with vehicles passing in the ordinary course.
Cross-examined by MR. RAVEN. I had my pocket-handkerchief and my spectacles in my pocket, but they were left.
By the COURT. I made the discovery that my purse was gone, myself; I was not told.
Re-examined. I think I told the telegraph woman of the loss; I could not swear—it was gone in a second.
MATILDA CLEMENTS . I was assistant at the Eltham Post-office on the 9th August—I remember Miss Gibbs coming and paying 6s., and receiving a post-office order—I saw no one come with her—I saw a man standing behind her when she came in—I did not see him come in—I was attending to a lady, and then I attended to Miss Gibbs—I gave her the order, and received 6s.—I saw no more of the man—Miss Gibbs made a complaint about three or four minutes after I gave her the order—she went out quickly afterwards.
Cross-examined by MR. PURCELL. She had to cross the shop—she took the money out at one counter and walked to the other—she had a bag, and she looked into it afterwards—I do not remember if she had a sunshade or umbrella—I was not very busy—I was occupied at the time.
Cross-examined by MR. RAVEN. The post-office is also a shop—a good many people pass—it is in the High Street.
9th of August, I was sitting on a step till I was wanted—I saw the carriage stop and the lady get out and go into the shop—I afterwards saw the prisoners pass the shop—I cannot swear to them all—I can swear to the stoat one (Stevens); he was eating a potato in front of the shop—I did not see any of them go into the shop—I am positive about Stevens—he was two paces from me—I did not hear Miss Gibbs make a complaint—she made a communication to me, and in consequence of what she said I rode with her to the police-station—I did not see a van.
Cross-examined by MR. PURCELL. I was not sitting in the shop door; the step is where there has been a passage and a private door adjoining the shop—the men went up the road—I also recognised a man named Goodson at the police-court—he was discharged by the Magistrate—he was the driver of the van—I saw him on the path—I saw none of the men go in or come out of the shop—I saw no woman come out of the shop besides Miss Gibbs, nor go in.
Re-examined. The step does not command a view of the shop; it is round a corner, and the shop window projects.
WILLIAM WHENDAY . On the 9th August I was coachman to Mrs. Hartland, of Fair Hall, Nottingham—on that day I drove Miss Gibbs to the Eltham Post-office in the afternoon—she was inside four or five minutes—when she came out I heard her make a complaint—in consequence of that I looked round—I saw four men going up the street; two had coats on, and two were in their shirt sleeves—two were on each side of the street—I recognise Stevens—I drove Miss Gibbs to the police-station—after she got out I drove to the Victoria Road—I there saw the four men get in a van—I recognised Stevens in the van—the two with their coats on were in front of the van; the other two behind—I did not then see the van driver—I saw Inspector Pryke come up and get in the van—the van was brought hack to the police-station—Victoria Road is about three-quarters of a mile from the shop.
Cross-examined by MR. PURCELL. High Street is an incline—I did not see the van before I got in Victoria Road—I will not swear other vehicles were not near the post-office—I never noticed any women pass—I went to the police-station and then followed the men—I did got see the men go in or out of the shop—immediately after the lady came out my attention was called to the four men.
JOHN PRYKE (Police Inspector R). On Monday, 9th August, about 3.45 p.m., I was at Eltham Police station—the telegraph boy came with Miss Gibbs in a carriage—in consequence of what the boy said I called for half a dozen officers—I got four, and we followed the van—it was proceeding down Victoria Road—I saw Johnson getting in—I saw him get out again—he could not have remained in two minutes—I believe he saw me—I am sure he is the man—I saw him dodging about the van, apparently to keep out of my sight—I went and stopped the horses—the van was surrounded by the rest of the constables—Goodson was the van driver—the case against him was dismissed—I laid hold of Johnson—I said "You will have to go to the station with me;" he said "What for, sir?" at the same moment he tried to get away—I had hold of his arm—the other men were taken to the station—when the van was stopped they all commenced to get out—Johnson, Stevens, and Covy were taken into custody—they walked to the station—Smith and Steventon were taken
into custody as soon as they got to the station—they had been in the van—I searched the van about two minutes after the prisoners got to the station—Goodson was amongst them—he made a statement that the others heard—he said "I met the men on London Bridge, they asked me where I was going to, I told them into the country, down into Kent; they asked for a ride, and on coming into Eltham they got down to walk, an it was up-hill"—"at the Checquers they stopped and had some beer"—at that time I had heard the lady's complaint that she had lost her purse—after that statement I charged them all with stealing the purse—I searched the van—I found this Civil Service ticket, these four stamps, this court plaster, and these pieces of paper—they were shown to Miss Gibbs, and she identified them—the prisoners were searched—I found on Johnson one half sovereign and 5s. 6d. in silver—Stevens was searched by 99 R—I saw these things taken from him—they are not identified by Miss Gibbs—Steventon was searched by Foley—2s. 9d. was found on him—Goodson and Stevens were sitting on the bottles—Steventon was in the van, I think.
Cross-examined by MR. PURCELL. I can swear to all but Steventon being in the van—when I stopped the hone Goodson said "What is the matter?"—I said "You will all have to come back to the police-station"—Smith is related to Goodson, I have heard—Smith and Steventon have been on bail—there were not many persons about, a few in front of the van—I was about 80 yards from the van when I first saw it—this case was remanded at Woolwich for evidence—99 R never turned up—he is not here to-day—the Magistrate remarked about the absence of witnesses; he wanted the officers who were with the van, and they appeared the next day—a few persons collected round the prisoners—99 R found some tobacco and cigarettes on Steventon—no one was in the van but the prisoners—no information was given and nothing was said till we got to the station—these things were found in the bottom of the van—there was straw at the bottom—13 carboys of bottles were in it—they sat on them—some of the things were in the back part—it was a covered van, but was not covered behind or in front—it was about three and a half yards long.
Cross-examined by MR. RAVEN. The road is well frequented on a holiday) but was not on this occasion—Stevens walked to the station in custody—I cannot say that I said at the police-court I saw him sitting on the bottles—there was very little crowd in the Victoria Road; in the High Street more came—the van might have stopped outside the police-station 20 minutes altogether, but I said before the Magistrate it was there two or three minutes before I went out and searched it; the van was afterwards taken into the yard—Stevens did not walk into the station before he was taken into custody.
Re-examined. Each man gave an address—I made inquiries—"Ste venton" should be "Stevens" in my deposition—he was sitting on the van—I could get between the carboys to search the van, and could reach the things produced without disturbing the bottles—there was found on Covy 10d. in silver and 4 1/2 d. bronze; on Smith, 1s. altogether; on Goodson, 1l. 10s. and 6s. silver; 1l. 14s. of that was returned to his employers, and 2s. to Goodson—the police-station is about half a mile from the shop—I said at the police-court it was three-quarters of a mile from where the prisoners were apprehended—I am aura the thoroughfare was not crowded on this day.
GEORGE FOLEY (Policeman A R 664). I was at the station on this day—I went with Inspector Pryke to the Victoria Road in consequence of a complaint having been made—I saw a van going in the direction of Sidcup—I saw Steventon and Smith sitting on the back part of the van, their legs hanging out; Steventon was tearing up some paper—the others were sitting in the front part of the van—I took Steventon and Smith into custody directly; I told them they would be charged on suspicion with stealing a purse and ticket to the stores—they made no reply—the van was not searched till we got to the station, when other constables arrived and took the prisoners into custody—Goodson led the horse—Johnson became very violent when the Inspector took him, and I released Smith to assist the Inspector—I took Steventon into the station first, and then returned to the Victoria Road and apprehended Smith—all were eventually taken into custody—two constables stayed with the van—they are here—the bottles were for vitriol, and the carboys are framework to put them in.
Cross-examined by MR. PURCELL. I searched Steventon; I found on him a small quantity of tobacco and a pipe and some cigarette papers—I gave it all up to the Inspector—Smith and Steventon walked to the station, but in custody, and not by themselves.
Cross-examined by MR. RAVEN. 99 R, who took Stevens into custody, is sot here—Stevens might have gone to the station by himself.
Re-examined. Some portion of the papers were found on the tailboard of the van, and some in front—if I have said "I saw Smith and Steventon getting into the tail of the van," it is a mistake; they were on the tail part—they could easily reach the bottles where the papers were from there.
HERBERT TAYLOR (Policeman R 36). I was off duty when I saw the Inspector and the other constables coming up the Victoria Road with a horse and van—the prisoners appeared to be in custody—the van was drawn up at the station side door—the prisoners were taken inside—I remained with the van till Pryke came out—I saw him search the van—the van was under ay observation while the Inspector went in—no one went near it to touch it or put anything in it—I should have seen them if they had.
Cross-examined by MR. PURCELL. Only the prisoners and the police were about—I did not say at the police-court several persons were coming along—that is a mistake—there might have been people about—I meant to say nine or 10 people were about when the van stopped at the door—they gathered round when the van stopped.
Cross-examined by MR. RAVEN. It is not my habit to do more duty than is required of me—I did not go to the police-court on the two first occasions the case was heard—I made no report to the Inspector of what I had done—I knew the prisoners were charged—the Inspector did not say he wanted a man to swear he had watched the cart—he said I was wanted as a witness—he saw what I had done—I did not see any one sitting on bottles—I would not swear it—the prisoners all went in the station together in a heap—I would not swear no one was in the van when I watched it.
ALFRED COLLINS (Policeman R 138). I was off duty at the side door of the station—I saw Taylor standing at the station door—I saw Pryke, the prisoners, and the van coming up the Victoria Road—the van stopped opposite the side door of the station—I saw the prisoners taken to the front door—I remained with Taylor till the Inspector came back—the van was under my observation the whole time—no one came near enough to put anything in it.
Cross-examined by MR. RAVEN. I do not recollect saying before the Magistrate "There might have been several people in the Victoria Road"—I said "There were some standing at the corner of the High Street"—I made no report to the Inspector—I very often do extra duty—I was not asked for a report—I knew the charge was taken—I did not take the trouble to mention it to any one.
SMITH and STEVENTON received good characters.
NOT GUILTY .
MR. BRINDLEY and MR. SMITHIES Prosecuted; MR. GEOGHEGAN Defended
CHARLES ASHBY (Policeman R 186). On Saturday, the 31st July, I saw a man near the Foreign Cattle Market with a barrow containing three sacks—I stopped him—he left his barrow and came back with a pass—I saw some runners and several lumps of fat appearing out of the corners of the sacks.
THOMAS BURRELL . I am a cattle salesman at the Foreign Cattle Market for John Bell and Son—I have known Rossiter about 12 years—I was called by the last witness to see this barrow—Rossiter was there—he said "I cannot help it, they are very badly done"—he said nothing about the runners—he has no right to deal with the goods—his only perquisite is the throat or sweetbread—I sell the fat to Knight and Sons—I sell every part of the bullock except the sweetbread and bladder—the value of the fat was from 15s. to 1l.
NOT GUILTY .
MR. LILLEY Prosecuted; MR. GRAIN Defended.
WILLIAM FREDERICK SIGGERS . (This witness being dumb the evidence was given through an Interpreter.) I am van boy for Messrs. White, mineral water manufacturers—Hughes was the van man—I have been with him since February—I was with him in July and August—one day in the second week in July he told me to pick out some brown bottles from the white ones—I did so—he told me to take them to the barber's shop and Mrs. Payne's shop—I did not take them; Hughes took them—the first time he took 18 dozen to Mrs. Payne's shop and one gross to the barber's shop—I cannot fix the number the second time—I saw the man Bray give money to Mrs. Payne several times.
SARAH ANN PAYNE . I am the wife of William Payne, a gree Dgrocer, in the Lower Woolwich Road—I know Hughes—he was in Messrs. White's employ—he left a large number of ginger-beer bottles at our shop on two occasions near Bank Holiday week—they were in boxes with Mr. Whites name on—they were placed in a corner of the shop near the door—a man with Taylor's van fetched them away on both occasions—Hughes asked me when he left them if I would allow him to leave some empties to lighten his load—I said "Will you call for them to-morrow?" he said "No, I will get Taylor's man to take them up for me"—when Taylor's man came he gave me 15s. to give to Hughes—I gave it to Hughes—Taylor's man removed the bottles in crates—he left the boxes.
the 16th August he asked me to allow him to leave some bottles to relieve His horses, as they had been to London twice—he left 16 dozen bottles in six of White's boxes—on the Monday following the 16th Hughes and a lad removed them—I did not see whose van it was when he called for them—the boxes were left, and the bottles were taken away in crates—I saw Fleet's van at the Spanish Galleon, which is about four houses from ours.
JOHN HOLMES . I live at Dragon Road, Camberwell—in July and August I assisted Bray a van man to Messrs. Taylor, mineral water manufacturers, of Camberwell—30 dozen of bottles were taken away from Mrs. Payne's, and on a second occasion 18 dozen—I took them in crates belonging to Messrs. Taylor, my employers—Bray gave me orders to take them—I received 15s. fram Bray—I gave it to Mrs. Payne—I afterwards received 9s. to pay—I gave that to Hughes—on another occasion six dozen were taken off White's van in the road—I had seen Hughes and Bray in conversion—I heard nothing said about the bottles—Bray only told me where they were, at Mrs. Payne's—he said nothing about Powell, the hair dresser—all the bottles I took away were brown stone bottles like this one produced.
CHARLES JOHN HOLMES (Detective Sergeant P). I was employed to watch Hughes's van on 16th August—I watched it about a week—about 1 o'clock I saw Hughes in Church Street, Greenwich—I watched him till 2 o'clock, when one of Fleet's vans came up—the van men went and had a drink together—Arthur Hickman was Fleet's van man—they returned to Fleet's van, had a conversation, then the lad Holme handed out two empty crates, and took them to the barber's shop, and Hughes had a basket—in about ten minutes they returned with the crates full of bottles like this one produced, and put them in Fleet's van—Hughes helped the boy put them in—Hughes van was standing round the corner in Clarence Street, about 30 or 40 yards from Fleet's van—they then went into the Spanish Galleon—I tod Robinson followed them in—they were drinking together—I told Hughes I should take him into custody for stealing bottles belonging to Messrs. White—he said "I think it is 14, not 16; I never thought it would come to this"—I took him to the station—I searched the van and found the bottles—I sent for Mr. Robert White; he came in a short time—I took Hickman into custody for receiving—I had previously seen them in the barber's yard with Mr. White's boxes—I found 16 dozen bottles—Mr. White spoke to Hughes, and Hughes asked him to be lenient with him as it was the first time he had had the bottles.
Cross-examined. I mentioned what Hughes said about "the first time" before—Hickman was discharged by the Magistrate—Holmes and Bray were also charged—they were remanded several times and discharged—Bray is Taylor's man; Holme assists Bray, and Hickman is Fleet's man—we charged the servants of three firms—they were all brown bottles, and belonged to White's boxes—I know White's do not charge for their bottles—I do not know that the men have the privilege of collecting them, only from what I have heard.
Re-examined. The other men were charged with receiving the bottles Hughes had stolen.
ROBERT WHITE . I am one of the firm of White and Co., mineral water manufacturers, of Camberwell—the prisoner was in our employ—his salary was 30s. a week in winter time; in the season it was 12s. a week and a commission—we do not charge our customers with the bottles—a commission
was given to the men to sell as many as they could and to bring the empty bottles back—to increase their zeal in returning the bottles we allowed them 6d. a gross on stone bottles—they had no right to dispose of them—in consequence of the state of the prisoner's accounts I gave instructions to detectives to watch him—I received notice that Hughes was in custody and went to the station—he said it was the first time, and he hoped I should be lenient with him—I told him we had lost a large number of bottles, and we should prosecute him and also the receivers—we had lost 700 or 800 dozen of bottles of this kind—that was said in the presence of the officer—I never gave the prisoner authority to sell the bottles.
Cross-examined. We have hundreds of bottles like these—we do not charge our customers except they are lost—customers are not allowed to keep the bottles—there is a similarity in ours and Taylor's bottles—the prisoner would not be allowed to take Taylor's—their system is different, we should not know it—we pay no heed to it so long as we get them back—we never lend our boxes to receive other people's return bottles—Weaver and Barratt's are in the patent stopper trade—we very seldom have theirs returned—when we do they are sent back to them—I said "I wish to go on with the case, as we have lost a lot of bottles."
Re-examined. On the 16th August I was shown the bottles found at Powell's—some of them had string on them, and they were ours—I could identify the string.
NOT GUILTY .
Before Mr. Common Serjeant.
MESSRS. POLAND and GILL Prosecuted; MESSRS. J. P. GRAIN and GEOHEGAN defended Stewart.
CHARLES ROBERTS . I am a F.R.C.S. practising at Bolton Row, Mayfair—I know the Rev. Thomas Spyers, of Weybridge, he is about 75 years of age; he is ill, suffering from general weakness and natural decay—I saw him yesterday, he is too ill to travel, or to leave his room.
BLANCHARD WONTNER . I am a solicitor, I conducted this prosecution in the first instance for the Charity Organisation Society, and afterwards the Public Prosecutor. instructed me to go on with the case—the Rev. Mr. Spyers was examined as a witness before the Magistrate, when the prisoners had an opportunity of cross examining him—there were several rewards—on the first occasion Stewart only was in custody—that was on 16th March—Grant was arrested on 19th April—I cannot say whether he was represented on, that occasion, but on one or two occasions Mr. Bury Hutchinson appeared for him—to the best of my belief Mr. Spyers was present—it is the practice on remand for the witnesses to be re-sworn and their depositions read over.
CHARLES VINEY (Detective Sergeant P). On 19th April I took Grant into custody on a warrant—he was taken before the Magistrate at Lambeth Police-court the same day—at that time I think Stewart had been under examination on four occasions—I think on the second occasion Dr. Spyers's
deposition was read over in Stewart's presence, and to the best of my belie Dr. Spyers was then present—Grant asked him no questions; he or his solicitor had the opportunity of doing so. (The deposition of Dr. Spyers being read, stated that he had received several letters from Stewart asking for assistance, and that he had sent money and purchased books.)
LUKE PHIPPS HORNBY . I am a barrister, and live at 2, Cleveland Row, St. James's—about 5th March I received this letter (H); it was forwarded to me by my father, to whom it is addressed—these documents (I, J, and K) were enclosed in it—I left them with the Charity Organisation Society—my father is 70 years of age, and is living in the country.
EBENBZER BIGNAL . I live at Penrhyn House, Endlesham Road, Balham—I am the owner of 71, Warner Road, Camberwell—in December, 1878, I let that house to Stewart—I prepared this agreement, and saw him sign it—I can't say that I saw him in possession—the rent was paid up to Mid-summer, 1879—not being able to get the remainder, I instructed Mr. Taylor, my broker, to put in a distress, and left the matter in his hands.
Cross-examined by MR. GEOHEGAN. When I was first examined at the police-court Stewart only was in custody—a latter was shown me afterwards marked A.—I know his writing—I may hare said that letter was in his handwriting, but disguised—I have had a number of letters from him.
WILLIAM CHARLES TAYLOR . I am a broker, of 246, Albany Road, Camberwell—in consequence of instructions from Mr. Bignal I put in a distress at 71, Warner Road on 14th January—that was the only distress I put in—I made this inventory (F)—I saw Mr. and Mrs. Stewart, a sister, and two or three children there—I remained in possession five days, and afterwars withdrew on Stewart signing this document on 19th January.
(This was an agreement to give up possession within four weeks upon the claim for rent being renounced, with a power to make a second distraint if possession was not given.) These documents (B and I) are inventories of (distress—I did not sign either of them or give any person authority to do go—I do not know of any distress on 28th January or in March—these are copies of of the original inventory, with the exception of the date.
Cross-examined by MR. GEOHEGAN. Mrs. Stewart appeared well and able to go about her duties; I thought she was near her confinement—I did not go over the whole of the house; there was very little furniture—I received possession of the premises from the police on 17th February.
JOHN SHARLAND . I am bailiff at Lambeth County Court—71, Warner Road is in my jurisdiction—I never had any warrant or summons against Stewart—if any executions are put in from any other County Court they would come through our Court.
Cross-examined by MR. GEOGHEGAN. An execution under a bill of sale would not come through me, nor an execution for rent.
WILLIAM HAMMOND ABEL REEDE . I am manager of the Blackfriars branch of the Central Bank of London—I know Grant—I have seen him write once, I believe—to the best of my belief this letter (M 5) is in the handwriting of Grant.
Cross-examined by MR. GEOHEGAN. The only time I saw him write was on 20th December, 1878; ho wrote his name and address in our signature book—I received a letter from him on 6th January, 1879; it was in a disguised hand, but I believe it was his writing—I compared that with his signatare, and upon that comparison I found my belief.
CHARLES VINEY (Re-examined). I arrested Stewart on 8th March on a warrant at his house in Gordon Road—I read it to him; it was for attempting to obtain money from Dr. Spyers—he said "I have written to Dr. Spyers, but he has not answered my letter"—on 19th April I arrested Grant on a warrant; I read it to him—he said nothing—among other papers I found on him these two agreements signed by Stewart, one for the home 79, Gordon Road, Peckham, where I arrested Stewart.
Cross-examined by MR. GEOHEGAN. What Stewart said was "I wrote a letter to Dr. Spyers, but he has not answered it; he has bought some of my books."
HENRY LUKE EASON . I am one of the inquiry officers of the Charity Organisation Society, 15, Buckingham Street, Strand, and have been so eight years—it is part of my duty to inquire into the genuineness of the letters sent to that society applying for money—I have received large numbers of letters purporting to come from different people; it is my duty to examine them and make inquiries about them—I have had a large experience in examining and comparing the handwriting of different letters—I was present at the Lambeth Police-court on 27th April—I remember the letter M 5 being produced there, purporting to be signed "Annette Stewart"—Mr. Wontner produced it; the Magistrate made some observation upon it, and Grant said "I wrote that at my sister's request"—I have compared that letter with letter A. and in my judgment they are in the same hand-writing.
Cross-examined by MR. GRAIN. I should say this letter is not in Stewart's handwriting—I heard Mr. Bignal say that a letter that was put into his hands was Stewart's—I can't say it was this letter—I am not an expert; I form my opinion simply by comparing the handwriting—Mr. Kischner has gone to the Cape, I believe, since the last Session—in my opinion the whole of these letters are in Grant's writing. (The letters were urgent applications for loans and assistance by the purchase of books, stating that he had a large family, that his children were ill, and his wife near her confinement.)
LADY ROSA LOUISA JOSEPHA GRAY . I live at Thurlow Place, Lower Norwood—I have from time to time, for some years, received a number of letters, some in the name of Douglas Stewart and some in the name of Annette Stewart—many of them I have destroyed—in consequence of receiving those letters I have from time to time sent sums of money; it could not amount to less than 20l., it must have been more—these letters M 1 to 4 and 6 to 10 are some that I received—I sent the money partly in consequence of the statements in the letters and partly in consequence of the names of influential persons mentioned, who I had reason to believe had assisted Stewart, and who had subscribed to some of his works—I also received these letters (M 5, 11, and 12)—I sent them to the office of the Charity Organisation Society.
Cross-examined by MR. GEOHEGAN. I am a Roman Catholic—I am rather doubtful as to Stewart's religion; it seems rather variable—the names mentioned by him were those of Roman Catholics—it is about four years ago that he first applied to me—I have received several books from him, which I was given to understand were written by him, but I have reason
to doubt it—some of the money I sent I looked on as a loan—the Charity Organisation Society addressed me first, I believe—there was a difference in the handwriting of the letters, but they were all signed Douglas or Annette Stewart—I have no recollection of any signed by Grant. (These letters were dated some from Warner Road and some from Lorrimore Road, and were similar to the others, requesting small sums by way of loan or otherwise to pay out executions and to assist in preparing works for publication.)
WILLIAM O'NEIL . I live at 18, Newcastle Street, Strand, and am a tailor—I am proprietor of Nos. 18 and 19—I know both the prisoners—in September, 1876, Stewart took a shop and parlour at No. 19 for Mr. Baymond at 12s. a week, as for a publishing office—Raymond turned out to be Grant—Stewart told me that he was servant to Raymond—the rent was paid for some time—people used to come backwards and forwards, and there was the appearance of a business being done up to within about three months before January, 1878—I took possession of the place in January—Stewart bad left over three months then—there was an office boy to answer people who came—Stewart told me that he had had a quarrel with Raymond, that he had left him without a penny piece, and he had nothing to depend upon—Raymond used to come backwards and forwards after Stewart left, but I could never see him—I met him several times in Fleet Street and asked him for my rent—27 weeks' rent was due when they left.
Cross-examined by MR. GEOHEGAN. Several books were published from there—I believe none were a success.
SAMUEL ALDERTON . I live at 152, Fleet Street—on 25th May, 1879, Stewart took a room from me as an office at a rent of 15l. a year—after he had been there a month he took a room on the lower floor at 30l. a month—he remained till Christmas, and then left without notice or paying any rent—he carried on a publishing business—I saw a case of books arrive there from Ireland—when I took possession I found no books, nothing but taste paper and rubbish—I never saw Grant there.
BLANCHARD WONTNER (Re-examined). This letter (L) was handed to me by one of the officers of the Charity Organisation Society—a gentleman named Mocatta was examined as a witness before the Magistrate, and he identified this letter. (This was to the same effect as the others.)
STEWART— GUILTY Strongly recommended to mercy in consequence of his distressed circumstances and large family.— . Twelve Months' Imprisonment.
GRANT— NOT GUILTY .
MR. WILLIS, Q.C., with MR. BESLEY, Prosecuted; MR. WARNER SLEIGH appeared for Josephs, MR. PURCELL for Foster.
GEORGE BROWN . I am 28 years of age—from September, 1878, I have been employed by the South-Eastern Railway Company at the Bricklayers' Arms Goods Station as a clerk—I work in an office by myself—I had a man with me for some short time, but he was taken into another office—my wife was employed in a business, not on lier own account—some time before April, 1879, I had put out a child to nurse with a Mr. Meyer, a greengrocer in the Old Kent Road—I was then living at 224, New Kent Road—the first time I saw Josephs was at Mr. Meyer's, about a month after my child
went there—I don't suppose I saw Josephs above twice in Meyer's house—when we met in the street we said "Good morning"—he knew I was in the service of the South-Eastern Railway—on 27th June this year I saw him accidentally in the Bricklayers' Arms public-house—I went in for a little refreshment—he said to me "Are you a porter on the bank?"—I said "No, I am a clerk there"—he said "Do you have any bullion come up by your line?"—I said "No, it would come up by the passenger train"—he said "Well, if you can make up your mind to lift anything, I can dispose of it to advantage"—I said "Do any of them know you at our place?"—he said "There are some of them that have made their fortunes," he would not say they worked at our place, but he said "I have been a fool, or I should have been in the same position"—he said that Stephen Smith, a party he knew that is now dead, had often talked about me, and he thought I was too quiet, and could not be trusted—I said "Well, perhaps I am as old-fashioned as either of you"—we had some drink Josephs paid for it principally—I promised to meet him next morning opposite the Bricklayers' Arms Station—I did so, and he came to my office with me—there was no one there then—he said "This is just the place for business; we ought to make our fortunes quick"—I said "Do you think so? you had better come down with me and go across tile station"—he did so—we came out again, and I said "Does any one know you in the place?"—he said "I dare say they do, but I should not come in to fetch the goods myself, I shall have them carted"—I said "Who is going to cart them?"—he said "I shall find some one to cart them"—he then left—when in the office I showed him an order of the Messagerie Parisienne, and he said "That is all I want to know, only let me know what goods are in, and I will have them fetched"—I did not know Foster at this time; I first saw him on 28th June in Goldsmith Row, Hackney—on Sunday, the 27th, Josephs came to my house at dinner-time—I was then living at 27 Darwin Street, Old Kent Road—he said "Will you go up to Hackney? I have got the man who will do the lifting job"—I said "Who is he?"—he said "He lives at Hackney; will you hate a ran over now?"—I said "No, I am just going to have dinner; but I will meet you to-morrow night," which I did, at the bottom of Bermondsey New Road, outside the King's Arms, at 6 o'clock—I had to wait three quarters of an hour—I then saw Josephs and two other men, who I did not know—I never saw them before or since—we went into the King's Arms and had a little refreshment—I could not say who paid for it; I know it cost me a shilling or two: then Josephs and I got on a 'bus and went out just opposite the workhouse in Kingsland Road, and then took a short street or two into Goldsmith Row, where we saw Foster standing on a costermonger's barrow—Josephs introduced Foster to D M as "A pal of mine"—Foster said to me "What is your name?"—I said "Thompson," but they knew different, for in about fire minutes after Josephs called me Brown—Josephs said he had promised to meet Foster there to come down, and he would be the one to cart the goods out—Foster said "You will see me do the job"—he said "Do you remember that van of furniture being sneaked from the Great Eastern? I said "Yes, I think I remember something about it;" he said "I am the man that did it;" I laughed, and said, "Oh!"—I did not think it was true—Foster said "I dare say you will be able to lift a case"—we then parted,
with a promise to meet at 9 next morning, at the Apollo, in East Street, Walworth—I did not go there—about 10 o'clock Foster came to my office and Said "What about my case?" I said "i am too buisy now, I will see you at the Apollo at 12 o'clock"—I went there at I, and saw Foster and Josephs there—I took with me an old order of the Messagerie Parislenne, and I tore it up into about four pieces in their presence—I did that with the object of checking the forgery—I said "Can you get that reprinted?" Joseph said "Yes, I can do so, and I will let you have it; meet me here at 8 this evening, and I will let you see some blank forms"—I said there would be a case marked pb—I said that for want of something better to say—I did not see Josephs in the evening; I only saw Foster; he stood on the step of the Apollo public-house—I said "Where is Josephs; he said "He has not turned up"—I said "I must have that old order back;" he said "We had better go to Josephs's house," which we did in East Street, Walworth; it was a marine store shop, with the name of "Jackson" up—I had never seen the shop before—Foster went in, I waited outside—he came back and said "Josephs is not there, we must do it by ourselves," I said "I shan't have anything to do with it"—I know Holmes, we had been in the same service at Carter paterson's in Goawell Road—I remember an occasion when Holmes walked into my office—I should say that was two or three weeks after the visit to Jacson's shop—in the interval I only saw Josephs once, that was at his house in the Old Kent Road—I don't know the number, it was a fruiterer's shop—he told me he lived there, and that he was going by the name of Jackson—he told me that when he first came to my office, he had moved out of Standard Street, and he told me his new address—he had only got apartment there—I went there to get the order back—it was on 16th July, about 9.30 in the morning, that I was at my office when Holmes came in, and whilst he was there Foster came in; he said "What about my case," I said "It has not yet arrived, but as soon as it does arrive I will advise you of it"—he had a good look at Holmes sad went out—Holmes came in again to see me, and we sent out together about I 0'clock to the Kent Tap, kept by Mr. Stanford, and the prisoners came in as we were coming out; they made some remark which I could not catch—I walked with Holmes pretty quick, and had some conversation with him, and we went to my lodging in Darwin Street, and when we came out met the prisoners, and we all four went into the Globe public-house—Foster was going to fight me—he said "We have had a horse and cart waiting for two or three hours, and it is all to come to nothing," I said "I shall not be intimidated, and if you are going to carry on like that I shall give you into custody," he said "Do you want your brains knocked out," I said "If it is fisticuffs you want you can have it, but I am not going to be intimidated by you"—he swore and used filthy language—we went into the public-house for decency's sake—when we came out I called Holmes Joe; Foster turned upon me and wanted to know who the hell Joe was; I said "Don't say anything to him, he is a friend of mine"—Foster turned upon Holmes and said "What do you know about the case?" Holmes said "As much as you"—they got into conversation then—I did not hear it—they stood on one side of the road, and Josephs and I went on the other side—we then went to the Brewery Tap at the corner of Page's walk—Josephs and I went in—Foster and Holmes stood on the other side still in conversation—in the Tap Josephs said to me "We hope to have 25l.
each at the bank Holiday, and I am only too glad to think we shall have it in time for the bank holiday"—next day I saw Holmes in my office—we had some conversation—Foster came ion while Holmes was there, and said "What about my case?" I said "I will let you know about it Shortly"—he then left, and that same afternoon, saturday the 16th, about 2 o'clock I went to the police-station with Holmes, and saw sergeant kimber—I made a statement to him in Holmes's presence—on Sunday the 18th, Mr. Major, one of our out-door superintendents, came to me and I went that night to the office of our-door superintendent, and made a statement to him; and from that time I acted under the instructions, and with the Knowledge, of both Mr. Wallis and Kimber—I next saw Josephs on the Wednesday night following at his house in the old Kent Road—Holmes had made the appointment—his wife was present—he said "I hope you are coming to business now"—I took out of my pocket this advice note of the Messagerie, dated July 21, of the arrival of a case from paris, marked R. W., 18337, 123 kilometres, which I explained to him was equal to 246lb. in weight—he said "Well it, it will be be worth lifting—he had before this shown me some blank order forms, which be said he had got printed; that was in East Street—they were similar to the torn order, and he said "Is ther any silk in now?—I said "Yes P.B.," such a number—that was what I had put on the blank form, and then tore up—upon that there was the signature of W. Butler, a person in the employment of the Messagerie Parisienne—the four pieces were put together again on a sheet of paper, and given back to me, and was torn up by me finally—both foster and Josephs said that it was a very awkward signature to forge—I don't know who was to write it; it was on wednesday night that I showed it to them—we then went to meet Holmes at the Thomas a Becket at 9 o'clock—I saw Josephs there, and appointed to meet in Bermondsey Square nest morning at 8 o'clock—I saw him there with Holmes—Josesphs had given Holmes some blank forms of the Messagerie—Josephs said "I must get away to get my horse and cart ready"—Josephs said to Holmes "you fill up one of the blank forms with the No. R. W., 18337 and sign W. Butler's name"—he said he would go and get his horse and cart ready, and meet us in Mason street at 10 o'clock—I saw him there at 10 o'clock with Holmes; he had not got the horse and cart—he said "Here is a nice nuisance, Foster not turned up"—Holmes said "Take a cab"—I said "Telegraph"—Josephs said he had only got enough in his pocket for a 'bus—I proposed going to the station to get him some money—he said "No", and jumped on a passing 'bus, and went to Hackeny to fetch Foster—at 11.30 the same morning I saw foster and Josephs opposite the Prince consort in the New Kent Road with a young man who I never saw before or since; they had a horse and cart; Foster was just getting out of the cart when I arrived there—we went in to have a drink; Foster said "This is a caution"—I said "Yes, you nearly lost the case"—he said he had mistaken the date—I then told them to drive down to Holmes in the old Kent Road, which he did; I walked behind—I saw foster, Josephs, and Holmes together in the Old Kent Road—they had got out of the cart, and all stood on the footpath—foster said to Josephs "Have you the order"—Josephs said" No, Joe has got it"—Holmes pulled it out of his pocket and showed it them—Foster said it was a d—bad signature—this is the document marked A—I said "you must not come in before 10 minutes or a quarter of an hour"—I then went into the station—I was
on the platform when Foster drove in with the horse and cart—I said to him "Are you on business?"—he said "Yes, air" as if he was a stranger to me—the foreman proter said "You will have to go to Inquiry officer"—I said "I will show you the way"—I did so, and I saw him give the order in to Mr. Hodson, who endorsed it "Clausen. R.H"—Clanusen was the delivery man—he gave it to Foster—I showed him the way back—he got gate-pass from Mr. Hodson-Foster them went and took hold of a sack-barrow on the platform, and ran it up to the case R. W., 18337—Harris, one of the porters, pointed it out to him, and he ran it into his cart, which was backed up to the platform—he put it on one corner: it was too much for one, and I just gave him a lift—he them drove off with it—I got behind some trucks, and ran out of the station to see it them were going to take it into Paragon Mews, becomes Josephs had told me the night before that they had taken a stable there to break open the case, and put the silk in secks, and cart it away—I did not see the cart again, and I returned to the station—I did not see the prisoners again till they were in custody.
Cross-examined by MR. SLEIGH. I am at present a cleark in the South Eastern Railway Company: before that I was at Cater Paterson's—I Iiad a character from them: after leaving them I went to Hall—I was dischatged from Carter Paterson's for absenting myself one morning, and being late at tea—it was not for being drunk: there is not one in the place that does not get drunk—before that I was at Manchester with the London and North-Western Company for 15 months—I discharged my self there, because I was sick of the place-before that I was at Liverpool with the Cheshire Liness Committee for about 15 months—I left there for getting drunk-before that I was at Pickford's in London over 12 months—I was not discharged, from there: I was requested to leave—I was once fined 40s. and costs for an assault on the police at Manchester—I had I known Josephs about 18 months prior to this transaction—I was not in the habit of visiting him at his house I did not know where he lived till the 27th Apirl, when I met him in the Bricklayers' Arma, when he spoke to me about the bullion—I swear that I had never been in his house before that—I dare say I had had one or two drinks with him before—I did't suppose I saw him above once in three or four months: not above three or four times during the 18 months—I met him casually—I have known Holmes about four years: he left Carter Paterson's for getting drunk: he left before me—I never heard of any im putation of robbery while I was at Carter Paterson's—I had charge of the small parcels: I was not in the claims departments, if I had been I should have heard of them every day—there are claims every day in a firm like that I never heard of it personally.
Cross-examined by MR. PURCELL. I took my child to Meyer's tonurse on 15th March, 1879, and there I first met Josephs: not then, but some month or two afterwards—it was on 18th April, 1880, that Josephs proposed to me to rob my employers, and I communicated with my employed on 16th July—I first saw Foster on 28th June—it was at that very first interview that he told me he had sneaked a van of furniture—I stated at the-police-court that Foster said "We must do it by ourselves," when we could not find Josephs—Foster was very angry at the time I spoke about fisticuffs—when he took the case he drove away in the cart by himself—Josephs was not there then.
was at the Great Eastern Railway, Goodman's Yard—I first saw the prisoners on friday, 16th Huly last—I saw foster first in the Bricklayer's Arms station, in an office on the company's premises; he came in while I was there speaking to Brown; I had been there about half an hour—I have known Brown four or five years—When foster came in he said "Have my goods arrived?" Brown said "No, I have had no advice of them"—foster said "Is it any use my calling later in the afternoon?" Brown replied "No, I will advise you immediately on their arrival"—he said "if don't get them this afternoon, I shall lose the sale of them"—he then withdrew—I stayed with Brown about 20 minutes afterwards, we left together—during his dinner hour we went to the public-house kept by Mr. Standford, I don't know the name of it—Brown made a communication to me directly after Foster left—as we were leaving the public-house we met foster and Josephs on the threshold—foster made some remark that I did not catch, and I don't know that Brown replied to it—nothing further passed—me and Brown went for a walk some little distance, and on our return we met Josephs and foster in Darwin street—foster began to abuse Brown, and said that he had not fulfilled his promise to him—I can't give the exact words, because at that time I was not paying any particular attention to them; he was complaining that Brown did not deliver a case of silk to him marked P B, and he used very abusive language to Brown, and swore and threatened him with personal violence—after that Brown and him reconciled the affair, and we all went into a public-house in Darwin street together and had some bitter ale—foster engaged Brown in conversation, and at the same time Josephs began to complain to me, saying that Brown had made a fool of him, that he had a horse and cart waiting there all the previous day, thursday, and on Friday he had it there half a day, and that it had cost him a couple of sovereigns, and then it had come to nothing in the finish—Brown left us then to resume his duty, and I and Josephs and foster went into the castle public-house in Old Kent Road—foster then asked me who and what I was—I told him that I was a railway man, but was not employed at that time—he then suggested that I should try to obtain a situation on the London and North Western Railway, and he would try his best to get on the bank, and that if the affair was successfully managed we should do a very good business—Josephs was present at the time, and he said if the affair was successfully managed, by christmas we should have from 150l. to 200l.—that was all that passed—on that same friday afternoon, in Darwin street, foster showed me a portion of an order, the bottom part of it bearing the signature of W. Butler, and he asked if I could imitate that signature for the delivery order—I said it was a very peculiar one, but I had no doubt I should be able to do it—we arranged to meet next morning at 9 o'clock, at the surrey Arms—I did not keep that appointment—I turned up at 12 o'clock—I met foster and Joseph standing outside the castle public-house against the horse-tough—I asked them if they had been able to do any business—they said "No, you go and see Brown"—I went and saw Brown, and asked him if he was in any way implicated with these men; he said "No, certainly not"—I then returned to the prisoners and told them it was too late that day to do anything and Josephs said "It is too late for to-day, we must leave it till monday"—I then went back to Brown and advised him to communicate with the police, and on saturday we went to the police-Station
in Bermondsey street—I nest saw the prisoners on Monday morning accidentally, between 9 and 10 near the Bricklayers' Arms station, and they again asked me to go and and see Brown, Which I did and I had scarcely got into the office before Foster walked in and asked brown if he had any Further orders—Brown said "Joe knows all about it, and he will meet you on the Greyhound bridge in 20 minutes"—I went to the Greyhound bridge and met the Prisoners there together—we walked for some little distance, and Josephs said that Brown was funking—I said "Well I think I shall turn up the business"—after that they asked me where I should be able to see them again—I said I had been too often about the station, and I would not go there again—we then arranged to meet at the Thomas a Becket in the old Kent Road next wednesday evening at 9 o'clock—I went there with sergeant Kimber—I met Josephs and Brown standing outside—Kimber was waiting outside—me and Brown and Josephs went into the house and had some beer—we arranged to meet next morning at 8 o'clock in Bermondsey square—I saw an advice note—Brown communicated to Josephs the number of the case—it was 18337 or 18537 RM—Brown made some rather sharp remarks to me because I had detained them a little while, and Josephs said "He is not so very late"—I went to Bermondsey street on the Thursday morning—I was two or three minutes behind time—Josephs was there—I asked him if Brown and foster had arrived—he said no, he had not seen Brown, and he did not expect foster until the first' bus, about 8.40, and that he had left orders, at home for foster to wait there until he came—Brown was rather late, and Josephs asked me to go to his house and bring him along—I went, and met Brown at the corner of Bermondsey New Road and we went back together to where Josephs was standing—Brown asked Josephs if he had got any orders—Josephs then produced three blank forms, and said "You must allow me a little time to get the cart ready"—We went into the sampson's Castle in Greenwich Road—we arranged to meet at 10 o'clock in Mason Street, Old Kent Road, opposite the Bricklayer's Arms station—Josephs gave me this form (produced), and told me how to fill it up, and I filled it up in the Bricklayers' Arms station—he gave me three; one I spoiled in copying, on the other I wrote the name—I believe the third one was destroyed—when I got to Mason Street Josephs was there—he said "what a nuisance it is that Foster has not turned up"—Brown suggested that he should telegraph to him—I suggested that he should take a cab—he said he had not sufficient money—just then an omnibus was passing, and he jumped on it and went away—he said he would be back in an hour and a half—I had not seen any horse and cart up to that time—I waited about in the Kent Road for some time, and Foster and Josephs drove up in a light cart—Foster was driving—they got out, and Josephs asked me if I had got the order—I put it into Foster's hands—he examined it very carefully, and said "it is a d——d bad copy"—Josephs said no, he thought it was a very good one I said it would be passed immediately, as it was not the writing they studied so much as the form—Foster then took the order, got into the cart, and drove into the station, which was only 50 or 100 yards off—Josephs and I waited about a little while—he then said "We must have some money," and he went into his house in the Kent Road and brought out a florin—Foster was to drive out at the further gate, and we had to be on the look-out for him—we had just got there when Foster drove out—there was a case in the cart—just at that moment Josephs drew my attention to a man
who walked out of the principal gate of the station with a sack on his head; his head was covered with the sack—Foster said "Who is that fellow there?" I said "I suppose it is some costermonger coming out of the gate"—Josephs continued to watch him very attentively for a little while up the Kent Road, and after that he walked up to Foster and directed him to drive to a public-house behind Horsemonger Lane Gaol; he said he believed we were being watched—he kept a strict watch on the man with a sack till we came to a hoarding, where the man concealed himself—we then walked along the Kent Road, and took a side street and walked up to where Foster was waiting with the horse and cart, and saw no more of the man; it was Sergeant Kimber—we all got into the cart, and drove away over London Bridge to a public-house in President Street, Central Street, St. Luke's—Foster said he had a brother or a brother-in-law who had a stable there, and that we would take it in there—Josephs and I waited some time while Foster was away—he returned, and said his brother was away and had the key of the stable with him—so we drove to Hoxton by a very circuitous route; when we had gone some distance Josephs called Foster's attention to a cab that was following us—Foster said he did not believe it was any one for us, but as the cab continued to follow us he put his horse into a gallop, and we went by several streets till we lost sight of the cab—at last we got to Goldsmith's Row, Hackney, and pulled up at a public-house at the corner of the street—Josephs instructed me to wait there till they were ready for me—I got cut, and they drove about 20 yards farther to a second-hand clothes shop—they there took the case out of the cart, and carried it inside between them—when they came out I joined them, and we all got into the cart and drove to a little by-street, I think no thoroughfare—we left the pony and trap there for a woman to mind, and walked back to Goldsmith's Row after having some beer at a public-house—when we were nearing Foster's house, where the case was left, he told me to go and look in at the window and ask the price of a pair of old boots or something—I went and examined the stock and vent inside, and behind a little partition there was the case—while there I wrote a telegram on a slip of paper to Inspector Fox—I had scarcely finished it when the two prisoners entered—Josephs began to knock open the case with a little hatchet or chopper—Foster took it from him, and very soon opened the case—they unpacked the things, and I kept the tally—they were rather disappointed with the contents—Foster said it was only satin, when he expected silk—there were 18 parcels altogether, 35 pieces—after they had inspected it they took a sample from one of the pieces—I came outside—I said "The place stinks so abominably I must have a little fresh air"—I gave my telegram to a constable—I then went into the shop again, and we all walked back to the cart and got in and drove to Cherry Tree Court, Aldersgate Street—we all got out, and Foster stood by the horse's head, and Josephs went to a place with the satin—I went with him to the entrance of Cherry Tree Court; he said I could not be admitted, as they would only recognise him—I waited in Aldersgate Street—he came back, and said "How much would it come to at 9d. a yard?"I reckoned it up at 80l. odd—he said if he could take his price he had to be there next day at 12; he said he was not satisfied, and he would try another place—heathen went to 7, Castle Street; he came out, and said the man could not do with it—he had left a sample with the first man he went to see, and said he had drawn
a sovereign on it—we then drove over the water to a little street where Josephs had a stable; I think it was St. David Street—he there unyoked the horse, left the cart there, and changed the harness to a commoner one, and took the horse to a greengrocer's shop in the Kent Road—I left the prisoners in the Surrey Arms to go and look for Brown—I met Inspector Kennett and two or three other policemen, and told them where to find the prisoners, and they were apprehended—from the time I went to Sergeant Kimber on the Saturday I acted directly under the instructions of the police and the railway authorities.
Cross-examined by MR. SLEIGH. I have been out of employment three months—I was last in the service of the Great Eastern Bail way Company; I resigned—my wages were 25s. a week—I had no prospect of another place—I have no family—I have been in their service twice; the last time for two months—I gave no reason for resigning—it was not to go to another place; I had no particular reason—in 1874 I was in the Great Eastern Company's service eight months; I resigned then to go to another place—it was not Webb and Poulter's—I have been in their service at 81, Central Meat Market—after leaving the Great Eastern Company I went to Mr. Robert Arnold, in Spitalfields Market—I left there of my own accord—I was there four months—I had 32s. 6d. a week—I left because he had not any further work for me—he did not discharge me—he told me as soon as I could get another situation I might go—I obtained a situation on the South Western Railway the following day—I had 27s, 6d. a week—I was there six or seven months—I left because I did not like night duty—I had no other situation to go to—I did not know it was night duty when I went—I did not discharge myself at the end of the first month, because I could not get anything better to do—I swear no investigation was going on with reference to robberies—mine was the outwards goods department—after I left I was out of employment three weeks—I then went to the London, Brighton, and South Coast—I was there eight months—I discharged myself again, strange as it may appear to you—that was because they transferred me from the accountants' office to the night office—it was not at a less salary nor a lower position—I was on night duty three nights—I was then out of employment about six weeks—the Company gave me a written character—the postman took it to Mr. Fricker, of Lendenhall Market—I went into his employment—I was there four months—they sent me away because they did not require my services any longer—I was out of employment four or five days—I then went to Messrs. Carter Paterson's, of 128, Goswell Road—I was at Webb and Poulter's a year and ten months—I left last October for neglect of duty—I went away the day previous leaving my work incomplete; nothing else—I went from Carter Paterson and Co. to Mr. Fricker again—I was twice in his employ—it was after that I went to Webb and Poulter's—I was not discharged from Webb and Poulter's for embezzlement—I will swear it—I was deficient in my accounts by 20l., but that was in the shape of a debt—part of that was borrowed money, part discrepancies and miscalculations, and part of it something else—Carter Paterson did not send a form to Webb and Poulter to fill up as to my character—they never asked for one—Webb and Poulter did not refuse to give me a character to my knowledge; they gave me one; Mr. Christopher Poulter forwarded it to me by post—it was not in answer to an application—I was with Carter Paterson before I went to Webb and
Poulter's—I nevwr applied to them afterwards—I did not go to Patereon's after I left Webb and Poulter; I went home then—I was out of employment for six months—when I resumed work I went to the Great Northern Railway, at Farringdon Station—I gave them references to William Swales, Esq., and Mr. Fricker, of Leadenhall Market, and Mr. Farr, of Brick Lane Station—also to Webb and Poulter—the object of the forged order was to get silk from the department—Josephs did not dictate the forged order to me; I have not sworn so—I did not say "I do not know they knew the goods were to be got on a forged order"—the prisoners knew the goods were to be obtained by a forged order—Sergeant Kimber and Inspector Fox knew that they were to be obtained by fraud, but they did not know the course which they would have to go through—I did not tell them how it was to be carried out—I accompanied Brown and advised him to communicate with the police—I have said "I did communicate with Sergeant Kimber before I went to Goldsmith Row," because I was instructed by them at the time, and a week elapsed before I again communicated with the police—Brown gave the police the information how the goods were to be obtained—I saw Kimber on Saturday afternoon about 3 o'clock—I did not go to them twice on the Thursday morning—I went into Brown's office and filled up a form according to instructions I had previously received—I know the public-house called the Thomas a Becket—I never went with Josephs to that public-house, nor did Brown come in after I was there—I have been in their company four or five times—I am telling the truth; it is no good trying to beat me into anything different—I had no acquaintance with either of them before the 16th July, the day they went in to the South Eastern station—I had not seen either of them to my knowledge—I have never borrowed money of Josephs, even when I was out of employment.
Cross-examined by MR. PURCELL. To the best of my knowledge I told the Magistrate all I have said to-day—the prosecution was conducted by the legal officers of the South Eastern Railway.
REUBEN HODGSON . I am employed by the South Eastern Railway, at the Bricklayers' Arms Station, as delivery clerk—Foster brought me this paper (the order for delivery of the silk)—I endorsed it—it was my duty to do so—the "T.H." is the authority of the checker to deliver to the prisoner—it had not those initials when it was first presented—I endorsed it, and I saw Foster sign for delivery on the delivery sheet after he had put the goods in the cart, and he took the paper away—he signed "W. Wilson"—I gave him this gate ticket (produced).
WILLIAM BUTLER . I am a clerk employed by the Messagerie Parisiennes, at 32, Watling Street—the signature on this order is not mine—it is a very bad imitation—the other papers (produced) are genuine order forms, which are printed for our Company—we have always employed Mr. Boot to print them.
GEORGE HART . I am foreman to Mr. Boot, who prints for the Messagerie Parisienne Company—this order form is not printed by our firm—the words "32, Watling street" is a type without seriffs or projection of letter on a genuine order, and with them on the forged order—in the words "Messagerie Parisienne" the type is with seriffs on the forged order, and without them on the genuine order—every printer would know that—that enables me to say this order was not printed at our office.
ROBERT LEE . I am an auctioneer, of Cherry Tree Court, Aldersgate Street—Josephs came there about a month ago—I was busy writing—he said "Mr. Lee, let me have a sovereign till the morning"—I looked at him and hesitated—he said "I will leave this with you till the morning," showing me this parcel—I said "What is it?"—he said "A piece of satin"—I looked as it, and found it bore the manufacturer's ticket on it, and said "I do not care about lending money like this"—he said "I only want it till the morning"—for information I took hold of the satin and said "What is this worth?"—he said"Oh, 2s. 6d. a yard"—it appeared to be very common, and I said "I would not give a shilling for it"—he asked me again, and I let him have the sovereign—I said "You must bring it back, let me have it by 12 o'clock to morrow"—he said he would, and gave me his I O U, and I gave him the sovereign—I folded the satin up, and put it into my safe—I took it as security for the money—it was similar to this (produced), and with a manufacturer's ticket like this (produced)—I had known Josephs about ten months previous to that—I had had no business transactions with him—I had not visited him.
Cross-examined by MR. SLEIGH. I did not read the manufacturer's ticket—I lent him the sovereign out of kindness to him, and took the security because I had not known him sufficiently to have confidence in him without it—I did not ask where it came from—I should have sold the silk by auction—he did not pay me the sovereign back—the silk was in my possession about 30 hours—Sergeant Kimber came and asked if I had received some silk—I said I had received a piece of satin—he asked how I came by it, and what induced me to let him have the sovereign—I did not ask him how he came to know about it within 24 hours of its being left with me—I do not know Brown nor Holmes—our business is buying bankrupts' stock, and advancing money upon goods for sale—I did not know what Josephs was—I did not ask him if he had come by it honestly—it is an everyday occurrence—men are in the habit of getting samples of goods from one house, and taking it to another to try to sell it—I did it out of pore kindness.
WILLIAM MEYER , I am a greengrocer and fruiterer, of 15, Old Kent Road—on the 22nd July the prisoners asked me to lend them a horse and harness—Josephs said he wanted to move some bedding out of his street into the Old Kent Road, and he wanted the horse for an hour and a quarter, and that he was going to have his own cart—I saw the cart when the horse was brought home—I did not take the name—the horse had a different harmness on, and Josephs took it off, and went and changed it, and brought mine back—both prisoners came back in the cart, first about 5 o'clock, and then Josephs brought the horse—they were a long time gone before the horse came, and I said I could have had a job between whiles—Josephs said "No matter, I will pay you for it," and he gave me 5s. for the five hours—he had a horse and van about 18 months before.
Cross-examined by MR. PURCELL. I had seen Foster once, about a month before, when he was passing by with Josephs, and when Josephs nodded to me.
ROBERT KENNETT . I am a police inspector at the Bricklayers' Arms Railway Station—on the 22nd July I was watching the platform; I saw the case on the platform—Foster drove up in a cart about 12 o'clock—I saw him speak to Harris, and Harris deliver the goods—they were put in the cart, and Foster drove away—about 1.10 p.m. Kimber came back to me, and gave me information, in consequence of which I went to the Surrey Arms in
Surrey Square with two officers, Stratton and Welch, and apprehended Foster and Josephs—Welch told them he wanted them for an assault—we took them to the station, and then they were charged with obtaining this case on a forged order—I went to Foster's residence in Goldsmith's Row—it is an old clothing and shoo shop—I saw Mrs. Foster—I found 16 parcels of loose satin in a back office covered with some sacking in a corner of the room—I found the case under the counter in the shop—it was empty—the marks "R W., 18337" were upon it; the lid had been split—I conveyed the property to the police-station—I weighed it—it weighed 2261b.; it was subsequently given up to Mr. Wallis, the owner.
Cross-examined by MR. SLEIGH. I know Brown as a clerk—I have seen Holmes, but I did not know him previous to this transaction—Brown had been a clerk upwards of two years—I did not know him before he entered the Company's service.
Cross-examined by MR. PURCELL. I did not know Foster before this matter occurred—his shop was an old store shop—Mrs. Foster sat mending shoes.
GEORGE WALLIS . I am goods superintendent of the South-Eastern Railway—goods come from the Continent to the Bricklayers' Arms to be discharged by the consignees—the Messageries Parisienne have daily transactions with our Company—I first heard of the plot to take the goods from the station on the Saturday night from Sergeant Kimber—I sent for Brown on the Sunday—I had a conversation with him—I did not afterwards interfere with the scheme—I watched for the result—the owners claimed 160l. for the goods—I gave up all the goods except the piece found in Lee's possession.
RICHARD KIMBER (Police Sergeant M). I was at the Bermondsey station when Holmes and Brown came on Saturday, 17th July, about 3.30 p.m.—both made statements—I put myself in communication with Mr. Wallis, the goods superintendent—I saw Holmes from time to time—I knew from the time of the communication Brown and Holmes were acting in concert with the prisoners—I first followed Holmes and Brown on Wednesday, the 21st July, in the Albany Road; they were joined by Josephs at the Thomas a Becket public-house—they remained in conversation some 5 or 10 minutes in the road, and then went into the public-house, and were there 10 minutes or a quarter of an hour, it might have been more—when they came out I followed Josephs to his home—he occupies two rooms over a fruiterer's in the Old Kent Road—I next saw him on the 22nd outside the Brick-layers' Arms Station about 10 o'clock—he was near the Swan public-house, which is opposite the station—I went into the station; I next saw Foster come into the station driving a horse and cart—I saw the goods put in the cart, and Foster drive out of the station—I had a sack over my head—I am well known—I saw Josephs looking into the station—Foster drove down the Old Kent Road—I followed down the road—in the New Kent Road I saw Josephs and Holmes walking together—I went back to get a horse and cart that was waiting for me—I did not see Josephs get in the van—I then followed into the Union Road—Robinson, another officer, and I followed Josephs and Holmes from Union Road to Hackney, where I lost sight of them, and left them to Robinson—I next saw them in custody.
Cross-examined by MR. SLEIGH. Brown and Holmes told me this case was to be brought out in a horse and cart—Holmes said the prisoners
had got a printed letter, and that it must be filled up; that it was forged—I was in communication with Inspector Fox the whole time, also with Kimber and Holmes, Holmes more particulary—it is true that Holmes communicated with me and fox before going to Goldsmith Row—I cannot say whether Holmes knew it was a forged order or not—Holmes told me he had seen a printed order that Josephs had get, and the goods were to be obtained on that order—I knew the goods were to be obtained on a forged order—I got my infornmation from Holmes.
SAMUEL ROBINSON (Detective M). I acted with Kimber in this matter—I first saw foster at the Mason's Arms, Union Road, Swan Street—that is about three-quarters of a mile from the Bricklayer's Arms station—I followed Josephs and Holmes on foot the Old Kent Road through the New Kent Road, Theobald Street, Stanley Street into the union Road, where foster joined them—josephs and Holmes were in foot—they went into the Masons' Arms and then got in the cart—I was a few yards off—they drove down Swan street to the Dover Road—when I got to St. George's church cab rank I took a four-wheel cab—I followed the prisoners as far as South Hackeny—they went over London Bridge—in Southgate Street, Hackney, Josephs looked at me and called Holmes's attention to me, and their horse was put at a greater pace—I saw Foster hold up the whip, and the horse then went like a racehorse, and my horse in the four-wheel cab could not keep up.
The prisoner received good characters.
GUILTY .— Five Years Penal Servitude each.
526. HERBERT VINCENT SLADER (22) PLEADED GUILTY to stealing a certain piece of paper (a cheque for 100l.) the property of the London and South-Western Bank his masters. Recommended to mercy an account of his youth and good character.—Tweleve Month's Imprisonment
Before Mr. Justice Stephen.
MESSERS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. H. AVORY Defended. After the commencement of the case the COURT suggested to Mr. Avory that as the wound was very slight a verdict of unlawfully wounding would be sufficient. MR. AVORY stated that he could not resist that verdict.
GUILTY of unlawfully wounding.— Six Months' Imprisonment .
MR. POLAND Prosecuted; MR. W. SLEIGH Defended.
HARRY PHILLIPS . I am a porter, and live at the Model Buildings, Tabard Street, Old Kent Road, with the prisoner and my mother, who is married to him—her name is Fanny Clarke—we have two rooms on the first floor—on Saturday night, 7th August, the prisoner sent me out for the supper beer, and I left him and my mother in the sitting-room—there is no bed in that room—I think my mother had a good drop of drink, and the prisoner had had as much as he liked—my mother was getting the supper ready—I was away five minutes, and when I got to
the door I heard my mother say there times "He has done it"—the prisoner said "I will go and fetch a policeman; I am very sorry"—he was just inside the door, and she was on the floor—I fetched a constable, and found my mother still on the floor with a wound in her breast—the constable picked her up and put her on a chair—she seemed alive, but she did not speak or move—I saw shortly afterwards that she was dead—the prisoner said "Fanny, won't you speak to me?"—he also said "I am very sorry I did it"—a doctor came.
Cross-examined. My father went to the working man's Institute, and when he came back my brother Joesph and his wife were there—they had been drinking—they all parted good friends—the prisoner was kind and affectionate to my mother; he appeared very fond of her—she was not in the habit of drinking a great deal—she was violent in temper when she did drink—on the Wednesday night before this I got home at 8.30, and my brother Joeseph and his wife Kate came there at 10 o'clock—they were not intoxidacted—my mother asked me to go and fetch some beer; I said "I won't go and fetch you beer, you have had enough, mother"—she sent my brother Benjamin for some beer, as I would not fetch it, and Kate called me all sorts of names and abused me in a very foul manner—my father came in while she was abusing me, and ordered her out of the room, saying that if I had done anything wrong he would correct me, but he was not going to allow me to be corrected by her—he opened the door and ordered her out, but my brother Joseph said that they would not go; they would stop as long as they liked, and do what they liked—my sister-in-law spat in my father's face, and said to my mother took hold of the baby, while I give him a—buy good hiding "—my mother," Hold of the baby, and my brother and Kate then set to to attack my father—my mother and Kate abused my father by the foulest names, and injured his arm and knocked his face about—he was so frightened that he had to leave the house—on the Saturday, about 5 o'clock, my father sent me home with some money to my mother, and she said, "If you do not get out of the place I will cut your b—y eyes out, as I mean to do your father's"—I was afraid to go home in consequence of her conduct to me—after my mother was dead I heard my father say "Let me kiss her"—he did not say "Won't you speak to me, Fanny?"—I never heard him say "It served her right"—I was there the whole time—he did say "She drove me to it"—I have never seen the knife—my father was in the habit of cleaning his nails with the little blade of a knife which I have at home—he is a sober and well-conducted man; he works very hard, and always gave my mother money to carry on the house—he has three children by her—he always treated his step-children and me with kindness—I never saw him use violence to my mother before.
Re-examined. He cleaned his nails with a little white-handled knife, which I gave to him—it was mine—I have never seen this knife before—I used to leave my knife in the room—it was my own money which my father sent me home with to give to my mother on the Saturday—she was crying when I went in, but she did not say what about—it was about—12 o'clock at night on the Wednesday when my brother and sister-in-law made this attack on my father—my mother was not sober—she did nothing to the prisoner; she only called him foul names—Joseph and Kate injured his arm—Joseph is the eldest son—he lives away.
RICHARD WILLIAMS (Policeman M 60). On Saturday night, 7th August, about 11.30, Phillips fetched me to the first floor of the house, where I found a woman lying on the floor, and the prisoner standing behind a table—I said "What is the matter, old man?"—he said "It serverd her right, she aggravated me to do it"—she didnot move—I lifted her on to a chair, opened the front of her dress, and saw a little blood just in the center of her breast, and a mark as if of a stab—she was alive, but she appeared incapable of speaking—a sergeant and constable came, and then I went to fetch a doctor—I went to three doctors, and was away eight or nine minutes, and whenm I got back she was dead—the prisoner kept saying "She drove me to do it, she made me do it"—he had a little drink, but was none the worse for it.
Cross-examined. He did not say in my presence that he was very sorry, or "I can't help it"—I was examined at the police-court—he did say "I can't help it," when only he and I were in the room—when she was lying down, her feet were about two yards from the chair—her head was not touching the chair, but very nearly—she was in a sloping position—that was the only chair I noticed in the room—it is a sitting-room—there was no appearance of a struggle.
HENRY JARMAN (Policeman M 65). I went to the prisoner's room and assisted Williams in putting the deceased on a chair—I undid her dress, and saw blood coming from her breast—the prisoner said "It serves her right, She compelled me to do it, she aggrravated me to do it; her only son was the cause of it all"—she was alive, but unable to speak—the prisoner afterwards said "Is my wife dead?"—I said "No"—he again asked a minute or two afterwards, and I said "Yes"—he said "Let me kiss her"—I said "Yes," and he went towards her and said "Fanny, won't you, spead to me?"—Sergent Brown took up a table—knife which was lying on a table and said "Have you got the knife, John?"—I said "No"—Brown said "Is this the knife?" taking it up—Phillips said "No"—the prisoner's son Benjamin was there—he went to the bedroom and returned—I then took off my lamp, looked under the table, and saw this clasp knife, with the large blade open—Benjamin picked it up and handed it to me—it was smeared with blood which appeared wet—when the charge was read over to the prisoner at the station he said "Yes."
Cross-examined. The knife has been in the possession of the police ever since—I looked at it with a lamp—the large blade appears to be smeared with blood, but I cannot swear it is blood—the small blade appear rusty, and I should think it had not been used for months—I could not positively see the colour of blood on the large blade—the prisoner did kiss the deceased—he did not say "I can't help it" in my presence, but he said "it served her right"—Williams was there when he said that.
JAMES BRAUN (Police Sergeant M 19). I went to the prisoner's room between 11.30 and 12 p.m., and saw the deceased in a chair—the little boy Benjamin went into the bedroom and returned—I did not see anything in his hand—a search was made under the table, and he handed a knife to Jarman with the large blade open, upon which there appeared to be a very slight smear of blood—the prisoner asked for some beer—he went towards his wife, and I told him to keep away from her, he had done enough already—he said that she compelled him to do it; his eldest son was the cause of it all—I told him she was dead—he said "I can see
she is dead: let me kiss her", and he patted her on the face and said "Fanny, won't you speak to me?"—he appeared excited, and I should think he had had some rink—Harry Phillips took the children out of the room, and the prisoner said "Don't cry, you have nothing to cry for but your father."
CHARLES GRAHAM (Police Inspector M). About 1 a.m. on 8th August I went to this room and saw the deceased—I examined the body of her dress—it had three cuts in it. one of which corresponded with the wound; the other two only went through to the stays—they were in front, and very close to each other—those two might be one cut: they were over-lapped, but they are in different parts of the dress—one stab could not have caused the other two cuts in the way the dress was worn—the chemise and under—linen were cut in one place only—there were no marks on her stays: the cut which inflicted the injury was above them—there was no disorder in the room.
Cross-examined. The dress laps over, but I do not know that she wore it in that way: it was open when I saw it.
CHARLES THOMPSON ALEXANDER . I am a medical practitioner, of 84, Great Dover Street—about 11.30 on this Saturday night I went to the prisoner's room, and saw the deceased—she was quite dead—she had a stab in her chest—the knife had entered betwen the second and third ribs, diverging a little to the right side—it was a very small would—I made a post-mortem examination, and found that the large vein which leads the bloods back to the heart was wounded, though not severed—the would was 2 or 2 1/2 inches deep—it might have been inflicted with a knife of this description—I tried the large blade to the would, and it went easilu throught—the cause of death was haemorrhage into the pericardial cavity: not extensice, but the blood pressing upon the heart prevented its action—a pretty fair amount of force must have been used to send the knife in to that depth—I saw the prisoner in the room—he was very excited, but if he had been drinking, such a thing would sober him.
Cross-examined. There was just a trace of blood on the large blade at the point—I did not submit it to microscopic examination—I should call the small blade rusty—rust may come from blood, as well as from water—in passing a knife through the tissues you are very likely to wipe it clean—very little blood would flow, because there are a good many tissues to go throught, and the blood was very deeply down—I think the wound was made by one stroke—the small blade is too blunt to make a wound like that—I did not try whether it would go in.
Cross-examined. I have seen him paring his nails with it at times.
The prisoner received a good character.
NOT GUILTY .
Before Robert Malcolm Kerr Esq.
MR. HEWWICK Prosecuted.
VERE COPLEY . On 3rd September, about midnight, I was assaulted by the prisoner and two men not in custody—the prisoner stuck me over my eye, and another man on my left cheek—I pulled the prisoner down with me
and kept him down, and shouted "Murder"—a person came and pulled him off one me—I lost 1l. 13s. and a knife—I never let go of him.
MARTIN BERGIN (Policeman 25 WR). I heard a noise and saw the prisoner. and prosecutor struggling—the prosecutor was bleeding from three wounds in his face—he gave the prisoner in charge—I found this knife (produced) on the ground and a discharge from the Army—the prosecutor had been drinking—I saw a group of three at 90 yards distance, and caught the prisoner as he was getting up from the ground, and I saw two run away—he is one of the three—the two started about 80 yards from me—the prisoner was then over the prosecutor—I never lost sight of him.
Prisoner's Defence. I never put my hands on him. He took hold of me and gave me in charge. There was never anything against me yet. I have worked at Mr. Kitchen's ever since Christmas. I was remanded seven days for stealing the knife.
NOT GUILTY .
AMELIA MARY ANN RICHMOND . I am the mother of the prisoner's wife—this is the certificate of their marriage.(Dated November 20th, 1871)—she is still alive—they lived together about 16 months, and then he left her for good; but he had left her twice before that.
Cross-examined by the Prisoner. You did not leave her the first time by mutual consent to go to a situation in Liverpool—I do not know your affairs, but she came home to me about March, 1873, destitute, with a baby.
Cross-examined. We lived together before we were married, but only during the time we were being asked in church.
The prisoner produced a written defence, stating that he went to see as it ward, and when he returned went to his wife's mother address and found that the she had removed, and after making money inquiries without being able to find this wife, he thought she was dead, and married again, which he need not have done, as Rowe was living with him as his wife before their marriage.
GUILTY .— Eighteen Month's Imprisonment.
MESSRS. GILL and LEVY Prosecuted; MESSRS. BESELY and TICKELL Defended.
HENRY COBORN . I am a jeweler of High Street, Egham—my wife was the old man Bentley's daughter and the prisoner's mother—I first knew the old man Bentley in 1873—he was living in Charles Street—I made him an allowance of 14l. a year, and sometimes we had to make up the rent for him—I paid the allowance every quarter—he ceased to live in Charles Street at charismas 1877—he was unable to support himself and was removed to Littlejohn's house—Little john
said he would find a home for him if I continued to supply the same money as before—I continued to supply 35s. every six weeks—under that arranged Bentley was taken to Oakford Vills, chuomert Road, Peckham, Littlejohn's house, at Christmas, 1877—I sent the money by post—it was directed to Littlejohn—I last saw the old man in May,1879—he was then in a comfortable condition; the room he occupied was clean—his mind was feeble—I paid a doctor's bill for him last year—his age was 84—my last remittance was on the 3rd of July last.
Cross-examined. The prisoner was a widow when I married her in 1870—her sister, Jane Ellen Bentley, was about 50 years of age—the prisoner is 25—I had nothing to do with instituting this prosecution—I was cross-examined before the Magistrate as to whether my wofe could not give more full information about my father's life—she is here—Jane Bentley went with the old man to Littlejohn's life—she was alive at the time the charge was inquired into before the magistrate—this is true "The female prisoner arranged with us to look after the old man, and to live with him"—I never heard any complaint of the way my wife's father's was treated—his leaving Charles Street was because I refused to be liable for increase expenses—whenever the doctor was required I paid for him—if my wife's sister wanted a doctor she could have had one—I knew the prisoner did not attend to Bentley's comforts.
Re-examined. Jane Bentley lived with Bentley before the removal—the arrangement about the 14l. was with Littlejohn direct—it was not paid to Miss Bentley's—Bentley's wife died in 1873, when Jane Bentley looked after the old man—I do not know whether the prisoner contributed to support his grandfather before the removal—the 14l. I contributed was not to support him entirely—Bentley or his daughter had no means of their own.
MARY ANN COBORN . I am the wife of the last witness—I saw Bentley last January—he was feeble in body but right in his mind—he could not walk except by support—he spoke, and was to be trusted by himself except for the danger of his falling down.
Cross-examined. I am the prisoner's mother—I had nothing to do with originating this prosecution—my sister was unmarried and lived with my father all her life from childhood—I had not seen my sister since she was taken into custody on 16th July, and the stopping of her heart's action on 24th July—I was too ill then to be in London—I visited my father sometimes when I came to London from Egham—I was satisfied he was taken care of—it is not true that my sister neglected him—Jane Bentley was stone deaf—no complaint of negligence reached me—the prisoner's wife's father was named Yost—he was a stout man, and died last January—he used to go out every morning to the City, opening and fastening the door—the neighbours saw him and mistook him for my father—that is how this sensational case arose—my father had not been able to go out of doors for years—the prisoner not only helped to support his wife and child, but my father and sister too, the sole contribution being 35s. every six weeks—he provided for all expenses—I did not see my father after his removal to the infirmary—if I had known of any neglect I should have interfered.
house in 1877—I saw him in 1878 two or three times—I spoke to him once—he was a man something like myself, with not so much beard: a peculiar sort of man, a man if you saw once you never could forget—the stout man never came there till after this man's disappearance—the stout man came in 1879 and died in 1879—this poor man was found in 1880—I saw him brought out: he was very different from what I had seen him in 1878—in September I was home for my annual holiday, and I was in the street and round about, and I saw this old man—I described this man as a stout man because there was such a vast difference in him—I last saw him nine or ten months ago: we need to see him at the window, and all the neighbours could testify the same—he did not speak to me there, the window was shut.
Cross-examined. I did not see him arrive at the house, I was told he was there by agreement—when I said "I saw the old gentleman about constantly up to nine months ago," I meant at the window: and by "he was a stout man, and able to let himself walk in and out," that there was a difference between the man I saw at the window and the man who was brought out by two constables—Yost was not there than—I made no mistake—I said "Last night he looked 50 years older than when last I saw him," and so you would say if you saw him—by "He was a stout man and in good health," I meant he filled his clothes out, while the other time he did not—in 1878 I saw him once cross the road to go home, he was able to open the door with a key.
HERBERT CHABOT . I am medical office to the Camberwell Infirmary—on Tuesdat, the 6th July, about 10 a.m., I saw old Bentley inthinfirmary—he was clean and in a fair condition for his age, and free from vermin—he was very weak, but not emaciated—he was like all men at that age—he coule not ger about—he must have been in a week state for some time—he would require great attention—cleanliness would be of great importance to him—he would require good air and proper nursing—a confined place and impure air would be detrimental to him—he was suffering from senili dementia, and must for some time have been incapable for taking care of himself—he required good food—he was fairly nourished.
Cross-examined. I found not the slightest trace of neglect, and no vermin—there was nothing to warrant me in signing a certificate to lock him up—it would not be safe for him towander about a house alone, especially where his daughter, who took charge of him, was stone deaf—if he had been my patient I should not have objected to the door being locked when his daughter could not hear him leave the room—it would have been wrong to have left the window unfastened—the grate register could have been opened by the old man himself—he was deaf, but not very deaf.
JOSEPH HENRY STEVENSON . I am Sanitary Inspector of the parish of Camberwell—on 5th of July I received information from Whiting and Ireland, in consequence of which I went to the prisoner's house—I knocked at the door six of seven times very loudly—the prisoner came—I told him I was Nuisance Inspector and wanted to see an old man who was shut up in a back room—he hesitated, and then said "Come this way", and went upstairs—I said it was reported the man was in a very bed filthy state—I went upstairs into a back room in the first floor—the prisoner unlocked the door—the room was in a filthy state—there was a pen containing discharge from the bowels, a two—gallon earthen-ware
can, which I think must have been there a fortnight or three weeks; a nail was driven into the window—catch, so that the window could not be opened; the air was so foul I could not remain in it—the prisoner stopped and went back two or three times—he was excited and had been drinking—the bed and bedding was filthy, the bedstead was an old wooden one—there was no vessel to eat or drink out of—the old man was sitting on the bed half dressed. he looked as though he had been recently washed, but was weak, thin, and bad—in the prisoner's presence I asked him why he was there—he said "They have shut me up here"—I asked him if he would like to go out, he said he should very much—on coming downstairs the prisoner said "I hope you will defer taking any proceedings till I have seen Coburn, who is responsible for this"—he admitted having 3l. 10s. per month or quarter, I Forget which—I afterwards went with Police-constable 472—in the interval the floor had been scrubbed, the bed scrubbed, the bed changed, the excrement removed, and the grate register put back—the prisoner said Coburn paid for his maintenance, and gave me his address—he said that when he produced a letter from his pocket, which I did not look at—the old man said several times he had been locked up and wished to go out.
Cross-examined. He was tolerably clean; he had been washed within the week, but not that day—the old woman appeared to be about 50 years of age—she was not there the first time—I never had any explanation from her—I did not inquire about her—I have not said the prisoner said he received 3l. 10s. a week or month; I said a month or quarter; if it is "a week" in my deposition it is a mistake—the old man appeared to be in his right senses—I do not know that the night commode has been measured, and that it holds three quarts and not eight.
Re-examined. The facts that have since come to my knowledge have not altered my opinion.
GEORGE ETHERIDGE . I am a M.R.C.S., and live at Peckham—or the night of the 14th July I visited the house in Choumert Road—on entering the room I found it very stuffy and dirty—there was a disagreeable small and the bed was dirty and greasy, but free from vermin—the window was fixed by one nail—I visited the other rooms in the house; they were all more or less dirty—I went to the infirmary and saw the old man—he was in a very weak condition of mind—he was quite unable to give and account of himself—he was fairly well nourished for an old man of his age—he was suffering from senile dementia—the room was not a proper one for suh as a man to be in.
Cross-examined. The daughter of 50 ought to have slept in a cleaner room—I only saw the old man once for about a quarter of an hour—I have not listened to the other doctor's evidence—I do not differ from him, I do not wish to—I was not called before the Magistrate.
CHARLOTTE ATTENDA WHITING . I am the wife of George Whiting, and live next door to where Littlejohn lived—I saw old Bentley outside the house twice; first, on the 5th of July, the day the inspector was there, when he was walking in the back garden with two sticks; the second time was when he was removed by a policeman—he was by himself; his daughter was watching him from the kitchen window—I had never seen him out before that—that morning Little john was going in a cab, and he told the woman not to go to the door, for he did not know who might call that day—I spoke to the daughter that day myself—I have frequently seen the old man at the window—I only noticed him make signs to me; he never spoke to me.
Cross-examined. I said "tottering out" before the Magistrate—it was about 5.5 p.m.—his daughter was there in the afternoon—I saw her go in at the back door—she told the old man to come in—she went out in the morning to fetch a cab for Littlejohn, and she was gone to fetch it when the inspector came—I was away from the 2nd June to the 23rd.
GEORGE FITZGERALD WHITING . I am the husband of the last witness—in September last I noticed the old man in the back bedroom of the house—he made a complaint to me—I never saw the window open again till he was taken away—it was the lower half of the window—I had seen him there every day before he spoke—he never made any signs afterwards—I have seen Littlejohn about the house very often drunk—he spoke to me once, and I answered him over the wall; he showed me some legal documents about his wife—he said he had a relative of his upstairs who had nine coats, and was in the habit of putting them on chair every day.
Cross-examined. I have known the prisoner since September—I was away with my wife in June—I could not fix a time when the prisoner was worse for drink, it was so frequent—I am in dependent—I very seldom go into town; I wander about the neighbourhood—I never drank with the prisoner, barring over the wall—I never saw him in any public-house—I do not keep watch and ward upon anybody.
Cross-examined. I had to knock four times before the deaf woman who is Bentley's daughter, admitted me—she showed us up to the room, and opened the door with a key from her pocket.
MR. BESLEY, referring to the cases of Reg. v. Nicholls, Reg. v. Addiscott, and Reg. v. Rundle, submitted that the status cast no duty upon a person in the position of the prisoner with regard to the deceased, and that the evidence did not support the charge of assault. The COMMISSIONER held that the assurance of the prisoner, 'If the allowance is continued I will make a home for him,' was sufficient evidences for the JURY that the prisoner had undertaken the duty, and brought the case within the statute.
MESSRS. GILL and HORACE AVORY Prosecuted. EDWARD WYATT. I am a tinplate worker, of 7, Whitecross Street, in partnership with my brother William—the prisoner was in our service as traveller on commission, and it was partly his duty to collect money owing to the firm on Saturdays, and he should bring it to me or my brother—he had no authority to endorse cheques in our name—this cheque (pro duced) is from Messrs. Batger and Co.—they were indebted to us, and that is one of their cheques for 26l. 5s., dated 12th July and is payable to W.E Wyatt or order, and it is endorsed "W.E. Wyatt & Co.," but it is not mine or my brother's handwriting—I gave no authority to him to endorse it—I should say the writing is the prisoner's, to the best of my knowledge—he did not account to me for that sum or hand over the
cheque—I first saw the cheque when I went down to Badger and Co. With a detective after I had applied for a warrant—I had previously been to them, and in consequence of what they said I took out the warrant—I asked the prisoner on the 23rd July if he had received any money from Batger and Co, and he said "No," and on the 28th I obtained a warrant against him—subsequently the Public Prosecutor took up the case.
Cross-examined by the Prisoner. I engaged you about four months ago—I was to give you 5 per cent. en every order you got, which was to be paid when the orders were presented—I should not say you were a month before you got any orders—you went to any customers you could get hold of—the first order you brought was for 10 gross of tins, 14l, 10s.—I can-not say what the amount of commission was—I cannot say whether you got any orders from the names I gave you—I saw your brother-in-law on the 1st August—I did not say to him that I had taken no proceedings against you—he did not say "Now, Ted I hope you are not doing this to make a trap for Mr. Fielding"—he said "Will you take him on as a traveller if he comes back?" and I said "Yes"—I did not take my oath that I had not taken any proceedings.
Re-examined. When I had this conversation the warrant was still out for the prisoner's apprehension, and he was taken into custody on the 6th August, when I appeared—he had no authority to retain money to pay his commission, nor had he any authority to put our name on the backs of cheques—the sums of these different cheques have not been paid to us.
MICHAEL DONOVAN . I am clerk at Messrs. Batger and Co.'S, Broad Street, Ratcliff, wholesale confectioners—we dealt with the proseuctors—I knew the prisoner as their traveller, and I knew his handwritting—I produce the receipt for this cheque, 261l. 5s.,—it is dated 12th july, and is in the prisoner's handwriting—I saw the cheque for 26l. 5s. handed to him upon that day; it is one of my employers cheques, signed in their name—I believe the endorsement on the back to be the prisoner's—there are some other cheques of ours, and receipts—these cheques of the 11th, 12th and the 28th July are our cheques paid to the prisoner, and I find receipts in the prisoner's handwriting for the amounts.
Cross-examined. I think I fetched the first cheque form Batger and Co—I had sent a statement on the Thursday—when I presented the account on Saturday morning I received the cheque—there was not any difference between the amount of the cheque drawn and the statement—Arthur Howard came to our place, when I paid him the account—I do not remember his mentioning anything about Tatham and Co.—you did not afterwards receive express instructions from us to endorse our cheques—I remember going to a bean-feast on Monday, the 28th June—I do not think you paid me any money the next day—the following day you went to Farwing and paid an account—I got the money from the cheque of Lambert, and the rest I paid in gold—I do not think you paid me the gold the day previously; I think it was a few days before—on the 28th june you did not bring to me 28l. 18s. 6d. in gold, the proceeds of a cheque from Batger—a fortnight after that you paid me 15l. in gold—I have given cheques to you to get changed, but they have been endorsed beforehand—I saw your brother-in-law on Saturday night—I do not
think he asked me if I was agreeable to all my brother had said to him during the day—I saw you on the 5th August with my brother, and I arranged with you to come back and be our representative—I did that so as to keep it quiet, and to have no bother about it—if I had said a word you would have bolted away, and I should not have been able to find you—I did not say that we should withdraw the charge if we got the money.
By the COURT. The prisoner never gave me the 2l. 18s. 6d. from Batger's cheque—the indorsement is in the prisoner's handwriting to the best of my belief—I did not authorise him to endorse it.
AMOS STRATTON (Detective M). I took the prisoner into custody on a warrant on the 6th August—it was granted on the 28th July at Southwark police-court—I read the warrant to him, and he said "All right, just what I expected"—he made no reply at the station when it was read over to him.
Cross-examined. I did not say to you on going to the station that it was not policy on their part, even if they were able, to withdraw the charge, as they would have no remedy against you—I saw Mr. Jones at the Southwark Police-court.
The Prisoner's Statement before the Magistrate. "I gave myself up because of the promise made by the prosecutors."
Witnesses for the Defence.
CHARLES UPLIN . I saw Edwin Wyatt on the 1st August in the George, the Fourth public-house—I asked him if he would not come to some arrangement about you, and if he had taken proceedings—he said he had not thought anything about it—he swore a solemn oath that they had not By the COURT. I did not put the oath to them, and there was no Magistrate present.
By the Prisoner. I saw him again, when he told me he had had a conversation with his brother, and they had arranged for you to go back, and he said they should be satisfied if you would pay them 10s. a week—I asked him on the 4th August if he was doing this as a trap to give you into custody, and he said "I take my oath I am not"—I arranged that you should go back—on the 11th August I saw him again, and I saw William Wyatt with your wife at hand, and I asked him if they would withdraw the charge, and he said if they got 10l. or 15l. they would withdraw the charge.
LLEWELLYN EYKYN . On various occasions I have changed cheques for you on behalf of Wyatt and Co.—I cannot say whether you indorsed them in my presence—I remember on one occasion you made some remark about keeping cheques so long after they were drawn.
Cross-examined. I remember this cheque for 1l. 18s. 3d., which is dated in July, endorsed "Wyatt and Co."—it was not endorsed in my house.
The Prisoner in his defence said he had received express instructions from Edwin Wyatt to endorse cheques, and he did so, and sent cheques to the City Bank in Lombard Street; that he paid the 28l. 18s. 6d. to William Wyatt on the 29th June after he had been to the bean feast; that he paid it in gold and that Wyatt gave him gold, and notes, and cheques, which he paid to Farwig and Co. He admitted he obtained 30l. of the prosecutor's money, that he tried to recover the lost money, that he was thrown off a waggoned five
years ago and injured the back of his head, and since that time, when he had been under the influence of liquor he did not know what he wag doing, and while under that influence he lost 6l. or 7l. of their money, that he tried to recover it, and afterwards made use of the remaining portions of their money. On the 12th July, when he received 26l. 5s., lie paid 15l. of it to the prosecutors; then, after that, having committed this embezzlement, he became careless, and this was the result.
GUILTY .— Twelve Months' Imprisonment.
533. HENRY ROBERTS (22) and GEORGE BAKER (19) PLEADED GUILTY to burglary in the dwelling-house of John Sabine. ROBERTS PLEADED GUILTY to having been previously convicted in the name of Barlow.— Two years' Imprisonment. BAKER.— Twelve Months' Imprisonment.
MR. J. P. GRAIN Prosecuted; MR. THORNE COLE Defended. HENRY ALFRED STACEY. I am one of the superintendents of Records at the London Bankruptcy Court, and produce the proceedings in the liquidation of the prisoner's affairs—he is described as of Star Corner, and of Little Abbey Street, Bermondsey—the petition was filled 4th February, and a statement of affairs was filed on the 23rd February—taking the gross results they show 393l. 2s. 6d. debts and 120l. assets—a trustee was appointed in the ordinary way by certificate of the Court on 4th March, 1880—he was elected by the creditors on the 20th February—I also find here the transcript of the examination of the debtor taken on 18th March.
WILLIAM HENRY COUNSELL . I am a shorthand writer, and on this occasion I assisted Mr. Snell, one of the official shorthand writers of the Bankruptcy Court, when I took the shorthand notes of the examination of the debtor produced—I have examined them with the transcript on the file, and the transcript is correct.
CORNELIUS BREMERKAMP . I am a basketmaker, Manton Street, Old Kent Road, and am the trustee appointed to the debtor in this matter by the Court—I attended the first meeting of his creditors on the 20th February, 1880, when the debtor was present—Mr. Neary produced a proof for 150l.; we asked the debtor what it was for, and he said it was for his uncle, Mr. Challender—we thought it rather strange that his uncle should lend him so large a sum of money, and he said it was perfectly true—he withdrew the proof, and I was nominated as trustee—he was asked how much he could pay in the pound, and he named 2s., he had no security, and did not know when he should pay it—he said he had had a fire, and a lot of his goods were consumed—that evening I went to 14, Star Corner with Mr. De Martelaar, where I took an inventory (produced)—that shows what was on the premises on that day—I saw the father and mother of the defendant on the premises that evening—he was not there—after I had taken the inventory I gave instructions to the father and mother, and on the 6th March I again went to Star Corner, and took a second inventory of what was on the premises on that day (produced), which shows some stock missing between those dates—I then left a person in possession of what there was there—I subsequently sold what was left on those premises—I went to see the defendant, and asked him several times whether he did not have anymore goods stowed away somewhere, because
I knew he ought to have had a larger stock than he had—he said he had not—a few days after, the 6th March, I was in the act of crossing Blackfriars Bridge when I saw a van going along which I recognised as the defendant's—it was full of baskets, and I stopped it and took possession of it, and sold the goods—after that I received some information, and made inquiries in the neighbourhood of Wands worth—I applied to the Bankruptcy Court to examine the debtor, and got an appointment for a private sitting, and he was examined on the 18th March, when I was present—in consequence of that I went with Potter to Garret Lane, Wands worth, where I saw Mrs. Steele, and had a long conversation with her—her husband came in; I had some conversation with him, and the result of it was that I went to the back premises, were they showed me a lot of cane baskets worth about 50l.—I had them taken away the next day—the defendant had never up to that day made any allusion to any of those goods, and they are not included in the inventory made by me.
Cross-examined. The total debts were about 393 l. 2s. 6d., book debts about 100l., and property as per list estimated to produce 50l.—the stock-in-trade at Star Corner was 20l.—the premises were insured in the Northern Counties Fire Insurance Company, and I, as trustee, had the policy—I believe several gentlemen connected with that Company have had terms of imprisonment for fraudulent conduct—I have not got a penny from this insurance policy—I heard the defendant had a fire at Little Abbey Street when he was insured for 100l.—there was present at the first meeting of creditors De Martelaar for himself and for Fry and Co., of Belgium, who send over to England a large number of baskets—there were also present Mr. Hubbard, Mr. Challender, and Mr. Neary—my debt was 17l. 4s.—it was some day in February—I was appointed trustee on 20th February, and went down on the same day—I believe I received my certificate from the Court on 4th March—I only wanted to take an inventory of the stock there, and not to take actual possession—my being on Blackfriars Bridge was a mere accident—I swear I had not received a communication from anybody—I cannot tell you exactly the value of the goods in the van—at a rough guess I should say from 5l. to 10l.—I have known Giles in the trade as a journeyman basket-maker for years—I think he came and made a communication to me which was prior to my going over Black friars Bridge—I cannot say how long previously; it might have been a fortnight—I did not accidentally meet Giles—I authorised the sale of the stock-in-trade, some of which was at Star Corner, and the horses and vans were in Abbey Street—all the basket work was at 14, Star Corner—it was sold by auction, and fetched 50l., I think—I do not know how much of that represented the baskets in the van on Blackfriars Bridge—Mr. Knox, the auctioneer, sold the basket work, carts, and vans, and so on—I cannot tell you exactly the day I removed the property from Mr. Steele's; it was on a Saturday morning, very likely the 3rd April—I asked the defendant's sister who the property belonged to, and if she had some property secreted belonging to her brother—at first she said she could not tell me without her husband; at last she said "Yes, there are some goods belonging to my brother"—Mr. Packer went with me—he was a foreman of mine, and is in Brussels now—when the examination took place at the police-court he was at New Brighton—I was not asked where Packer was—I discharged him more than 12 months ago—on this particular day he had nothing special to
do, and he would then do things for me—he has gone to other places for me—I did not ask whether there were any goods for sale, nor did Packer—he may have, but I was close to him the whole time—I took away the goods the next day—I cannot tell you out of my head what they were—I took away 500 clothes baskets and cane rubbish, baskets and basinets—I did not receive a notice on the Tuesday or Wednesday after that the property belonged to Pateman's father—14 days after I removed the goods I received a writ in an action brought against me by his father to recover possession of these goods—I will not swear that I did not receive notice—the only thing I recollect is the writ—I was served with the writ on a Monday, I think—I took between 40l. and 50l. worth of goods from Wandsworth—there was very little cash in hand—the business appears to be still carried on—there were workmen there—I have not given anything to Giles—I swear I did not offer a reward of 10l. to anybody directly or indirectly—I have no feeling against the defendant—Giles was not given anything by my authority—he is in Court—I recollect saying at the police-court "The order to proceed against the defendant was issued on 30th June; nothing yet has been given to Giles for his information; I offered him nothing; he came to me; Packer is my foreman"—I asked Mrs. Steele if she had no baskets belonging to her brother there; she said she had not—I said "You had much better tell me the truth; I know there arc euro baskets concealed here," and her husband came up and I told him I was appointed trustee, and asked him if there were any baskets there—he said "Yes, I do not want any bother about it; come round with me," and he took me round to the back of the house, and we saw piled up 500 or 600 baskets—they both said they belonged to the defendant.
RICHARD CHALLENDER . I live at All Hallows, in Kent—the prisoner is related to me—in November last year I lent him 45l.—he gave me the security produced—it is his writing—it is of a horse and van—on the 20th February last he did not owe me more than 45l.; not 150l.—I never authorised any one to prove for 150l.—I do not know Neary.
Cross-examined. I lent him sums from time to time—I never had an account—he always bore a good character. Re-examined. He has repaid me the other sums.
GUILLAUME DE MARTELAAR . I am a rod dealer, of 5, Old Kempton Street—I am agent of Messrs. Tregoveren, of Belgium, basket makers—I ordered on behalf of the prisoner 116l. 18s. worth of baskets—the last order was on the 22nd November for 68 dozen—they were supplied on the 28th or 29th November—I have seen similar bankets in Bremerkamp's possession—there in a blue mark on the bottom—I have not sold any baskets to the defendant since.
Cross-examined. I proved for myself for 3l. or 4l., and for Tregoveren for 116l. 18s.—I was agent for Tregoveren three or four years—the prisoner had not dealt with them before I was agent—he paid them 41l. 1s. 6d. on 16th August, 1879—he has paid them 60l. and under—I heard of the fire—I was at his place two days after.
JAMES BELCHER . I am a basket maker, of 39, Clarendon Road—I was in the prisoner's service at Star Corner—I remember the fire—I saw some goods removed two or three weeks afterwards, some time on two nights between 7 and 8—they were baskets of different kinds—I cannot say how much; a large quantity.
Cross-examined. I had worked for the prisoner three months on one occasion—a basket maker will earn 1l., 30s., or 35s., and on some good work 2l. 10s. or 3l. a week—I know the prisoner's two places of business—we had a few words, but I never held malice—some windows were broken in a quarrel with my wife—I never asked the prisoner nor his brother for any money—I swear it.
THOMAS YOUNG . I am a cane dealer, trading as Jacobs and Co.—I was present at the first meeting of creditors—I saw Neary there—I saw some one in the possession of the trustee—I identified it as cane supplied to the prisoner.
SAMUEL GILES . I was in the prisoner's service about 13 months before he failed—he employed his father—his wages were 6d. a day and 2s. on the Saturday, and his baccy—I remember the fire—the prisoner had a good stock at Star Corner—about 14 days after the fire several lots of goods were removed after 6 o'clock at night by the prisoner's father and two brothers—this occurred seven or eight times—I know Mrs. Steele and the prisoner's sister—I had a conversation with the prisoner on a Saturday erening at King's Cross—he said he had been down to Garrett Lane to shoot the goods, and had been out all night—I subsequently communicated with Mr. Bremerkamp—I know the promises in St. James's Road, Bermondsey—the prisoner occupied the place after the meeting of creditors—I went to work there—5 cwt. or 6 cwt of cane was shifted there.
Cross-examined. Thomas Pateman did not take the premises in St. James's Road—he paid the rent about once; that is all—I am a skilled basket-maker—I work by piece-work—if I had good work I could earn 1l. a day, but it is not once in five years' you can do that—Mr. William Pateman only does common work—I will not swear he is not skilled—I never worked for the prisoner's, father—I never received any money on mount from him—I was summoned by the prisoner's father for leaving some hampers unfinished—I had 22s., and there is money to come to me now—I left the work because he threatened to put a knife in me—I heard of the reward offered by Bremerkamp—I never received any money from Bremerkamp nor his foreman—I know two or three foremen—I know Packer—I believe he is away—I did not see him at the police-court—I was employed by Bremerkamp—I said at the police-court "I was summoned by his father for leaving work; I met Bremerkamp in the Kent Road; I spoke to him; I gave him some information"—I have not said that Bremerkamp had offered 10l., and I was determined to get some of the money (Mr. Neary was called in)—I have seen that gentlemen scores of times—several times in the Rosedale public-house—I never said to him that I did not see why I should not have the money and get a treat.
Re-examined. I was never in the prisoner's father's service—I was summoned when I was in the prisoner's service—I did not return on a Wednesday, and the prisoner came and threatened my wife that he would knife me as soon as ho could see me—his father's solicitor withdrew the summons.
HENRY ALFRED STAGEY (Re-examined.) I find among the file of proceedings a transcript of the shorthand writer's notes of the examination of the bankrupt on 18th March, 1880. (The learned Counsel read the portions relating to the prisoner's statement of his effects.)
WILLIAM KNOX . I am an auctioneer, and hare carried on business at 13, Old Kent Road for upwards of 40 years—I was employed by the trustee in this liquidation to sell the property of the defendant—we sold materials belonging to the trade, everything we could find, for 47l. 12s. 6d.—the baskets found in the cart on Blackfriars Bridge by Bremerkamp, the trustee, and stock-in-trade at Star Corner, fetched 11l. 11s. 6d.—the baskets averaged 10d., or 2l. 10s. for 14—I know because I was fetched by Bremerkamp to his warehouse, and saw the things unloaded in the shop.
Cross-examined. I did not sell the goods found at Mr. Steel's; I know nothing about that.
JOHN PERRY . I live at 52, Parkett Road, Rotherhithe—I am clerk to the defendant's solicitor—at the time of the liquidation I received from the prisoner his statement of affairs—he said he owed a bill for 40l. which was coming due, that he had had a fire upon his premises which had consumed the best part of his, stock—I received an account of the salvage—three cartloads of cinders were taken away, and I think I saw something like 20 dozen of clothes-baskets half-burnt—I asked him for a list of his debts, and he gave it to me—he said, "I do not know how much I owe uncle" (Challender)—I said, "It is not for you to say how much you owe him; what do you think?"—he said, "About 150l."—I said, "It is not what you put down; if you do not owe it he will not prove for it," and that amount was put down—it was never sworn, and there was no proof—I instructed the defendant's father to go down to where Challender lived, but as the prisoner's father was no scholar, and challender an ignorant man, the proof was brought back unsigned, with the statement that Challender would come up and do it—then the shoot was handed to Neary, who was appointed chairman of the meeting—the proof was given to Neary by the prisoner's father—the proof was not filed nor sworn—Challender did not come up and state what the debt was.
Cross-examined. I did not employ Neary—I saw him appointed chairman—he produced a sheet unsworn—he produced no proxy—he was a perfect stranger—he had no affidavit of debt—you can call in anybody from the street and make him the chairman of a liquidation meeting-Neary was not there with my concurrence at all—I was there to represent the debtor only.
WILLIAM PATEMAN . I am a basket-maker, of No. 14, Star Corner—I reside with my father and mother, and work for my father—the prisoner is my brother—since my brother's liquidation my father has taken the promises, and carries on the business of a basket-maker—I worked for the prisoner up to his failure—in November last my father purchased goods of Henry William Pateman—he is no scholar, and cannot write—I can road and write—I made out all his invoices—I made out those produced—I saw the money handed over by my father—I signed the receipts for my father—the goods, consisting of raw material to be made up, were taken to Mr. Steel's, of Garrett Lane—my father was going to take a new shop in Batter-sea, and the goods were taken to Steel's to be nearer his place—I was brought up as a basket-maker—my father was not apprenticed to it—he is a skilled basket-maker—he can earn 2l. to 2l. 10s. a week—after the liquidation, the defendant carried on the business, and went on with the work—a couple of men worked with him, to whom he paid wages by piece work—he
made baskets for the trade, to be sold to basket-makers—I recollect the fire—I went to Croydon with a van to sell goods on that day—I know the witness Belcher.
Cross-examined. My father had the business after my brother was bankrupt—my father was never bankrupt—he did not hand over the business to the prisoner—the prisoner was not carrying on the business at the time these goods were sold—my father had then no place of business—he was in the prisoner's service—his wages were what he earned—I will swear he was not paid 6d. a day and 2s. at the end of the week.
THOMAS PATEMAN . I live at 14, Star Corner—I am the prisoner's brother—since the liquidation I have been working for father, who has taken the place from the landlord, and carried on the business—he intended to go to Battersea—these receipts for goods purchased by him the latter part of last year are in my brother's writing.
Cross-examined. I was sometimes present when the money was handed over—my father had a place of business, but not before my brother filed his statement of affairs.
WILLIAM STEEL . I live at 1, Albert Cottages, Garrett Lane, Wandsworth—I am employed by Messrs. Bell and Black, the match manufacturers—I have been for many years—I know William Pateman, the prisoner's father—I am his son-in-law—in the beginning of September last he asked me if I could stow some goods for him—I live about a mile from Battersea—I give him permission—my wife and I were not then on good terms with the prisoner—goods were sent down to my place at different times extending over a month—on the 3rd April I saw Bremerkamp, Packer, and De Martelaar at my place—Bremerkamp was speaking to my wife—she is here—he asked me if I had any cane baskets to sell—I told him I had none for sale—he drew a paper from his pocket and said "This is what I am"—I saw his name—I said "You had better come and look at the goods," and he took stock of the goods—the following morning Packer came and took the goods away—I was present—he said he came from Pateman—I understood him to mean the elder Pateman, and that they had bought the goods, and so I parted with them—I first heard of the liquidation on the Saturday morning when they took the goods away—I then asked Packer when the goods were loaded if he would give me a note—he then informed me that the goods were claimed on behalf of the trustee.
Cross-examined. I cannot give the dates when the goods came, but about three weeks before last Christmas—the material was then made up into baskets—the only reason he gave for wanting to store them was that he was going into business at Battersea—he did not say why he did not leave them with the son—I did not hear my wife say there were no goods on the premises, nor the trustee say "If you will not tell me anything about the goods, I must go to the police-court"—I did say "Yes, we have got some things belonging to Pateman."
ROSE STEEL . I am wife of the last witness, and lire with him in Garrett lane, Wandsworth—I recollect on Friday, 3rd April, Bremerkamp coming with his servant and Mr. De Martelaar—he asked if we had some baskets and cane for sale—my husband came up and said "We have none for sale, but have some of Mr. Pateman's"—we showed him the baskets—he said "These are very dusty"—I said "It is not my place to move them about"—I said they belonged to Mr. William Pateman—I meant the father.
Cross-examined. The trustee did not call twice—I did not say there was no cane on the premises—he did not say "If you will not tell me I shall go to the police-court."
By the COURT. The goods were at first put in a back shed—they were not moved from the front to the back—there were several lots—they came at all times, morning and afternoon; sometimes a cart came—my two brothers brought them—they had been on the premises about ten months when Mr. Bremerkamp came—I could not say the exact time they came nor the number of lots—ours is a private house.
By MR. COLE. When Mr. Bremerkamp said the goods were dirty he asked for water to wash his hands.
WILLIAM NEARY . I am an accountant of No. 2, Grant Road, Southwark Park—I have been engaged in bankruptcy matters for twenty years, and am trustees for several estates—I was appointed chairman of the meeting of creditors—Challenger's proof was not sworn or signed—there was no opposition to Bremerkamp being trustee, and I waited three-quarters of an hour at his request for sufficient creditors to form a quorum to enable them to prove.
Cross-examined. Bremerkamp asked the prisoner what he could pay and he said 2s. in the pound—De Martelaar said "I would not accept 15s."—I discharged the meeting—I produced no proof, no proxy—I waited fur Mr. Challender for whom I was instructed to appear had he arrived—I told the meeting I only signed as chairman—there was no evidence before the meeting of the debt of 150l.—I went as a stranger and took the chair—it was resolved that the prisoner's affairs should be liquidated by arrangement, and I signed that resolution as chairman.
RICHARD CHALLENDER (Re-examined by the COURT) A gentleman came to me about a proof—I should not know him if I saw him—he came to know what I owed Pate man—I told him what I owed him and that he had money of me several times—a printed paper was shown to me, and I showed it to Pate man—it did not say anything about 150l.—I do not know anything about it—I should not know a proof in bankruptcy—I am no scholar—I did not arrange to swear to 150l.; I arranged to swear to my 45l.; I sent my receipt—I do not know who to—I did not arrange to come to London, nor promise—I did not know about the meeting—I did not say I would come nor that I would not; I never said anything about it—when the gentleman asked me if anything was due from Pate man, I said he owed me 45l.—Pateman promised me a horse and van—I proceeded to come—the van was sold—I never made a proof in bankruptcy—I do not know what bankruptcy is—I don't know anything—two gentlemen came to see me—one brought me an old debt he owed me, 3l. I had lent him—the prisoner's father came and got 25l., and then he got 20l. for his son to go on with the business, and gave me on account his horse and van, and he does not owe me any more—I understood the prisoner had had a fire—I agreed to come to London and I am come.
GUILTY on the first count. Recommended to mercy, by the Jury on account of the fire and the troubles which came upon him.— Six Months' Imprisonment.
Before Mr. Justice Lindley.
MR. WILLIAMS Prosecuted.
HENRY COLAN . I am a seaman and was living at 10, Staniforth Road, Battersea, with my wife, on the 9th August—our room was upstairs—the prisoner and his wife lived below—about 6 p.m. I heard some screaming downstairs and then I heard the front door bang to—I opened my window and saw the prisoner leave the house—he said "I have killed my wife and I am going to fetch a doctor"—I then rushed downstairs and opened the kitchen door—I saw the prisoner's wife standing in a corner of the room—she said something to me and then went to a corner of the room, picked up her baby, which was lying on the floor, and gave it to my wife—I lifted her up and put her down at the foot of the stairs—she kept saying she was dying—she then slipped off the stairs in an unconscious state—the doctor came, and about ten minutes after the arrival of a second doctor she died—the prisoner came back with the doctor—the woman had been drinking a little—I had seen her standing at the front door with her baby in her arms before I heard the screams, and she seemed all right then—the prisoner had not come home at that time—I took her to be about 32 years of age—when the prisoner came back with the doctor he said that he had kicked her, and that he supposed he had done it with the toe of his boot—he said he would own to it if he got transported and sent out of the country—before I heard the screams I heard him using very foul language to her—I heard her talking, but I could not hear what she said.
Cross-examined by the Prisoner. I heard you blackguard your wife on several occasions; the very first night we took the room from you you were up at it till 4 in the morning.
FANNY COLAN . I am the wife of Henry Colan—about 5.40 p.m. on the 9th August I was in my room—the deceased was at the door, with the baby in her arms—the prisoner came home about 6—after he came in I heard them quarrelling in their room—he used very bad language to her—I then heard a scream—my husband opened the window—we looked out, and saw the prisoner going along; he called out to the neighbours that he had killed his wife, and was going to fetch a doctor—I went with my husband into the kitchen, and round the deceased standing in a pool of blood—I went for a doctor, and when I returned I fonnd Dr. Richardson there.
GEORGE MORGAN (Policeman V 225) I was called to the prisoner's house—I found the deceased on a bed, and two doctors with her—the prisoner went for some ice, and on his return he said "If I have done anything wrong, policeman, I will go with you"—Dr. Richardson said in his presence that she was dead—on the way to the station he said when he came home from his work he found his wife out; he saw her down the street, and called her indoors, and then he said "We had words, I took up a basin of dirty water to empty, she threw it over me, and threw a knife at me, and in kicking her I threw over a can, and I wish I had never come home this day."
ALFRED DARLING (Police Inspector V). I took the charge—I cautioned the prisoner—after I had read the charge to him he said "I did it, it was not doue wilfully, but in the heat of passion"—I produce the boots which the prisoner had on.
hurry—I went with him immediately—I found the deceased in a crouching position, with blood on the ground and on her clothing—I had her laid on the bed, and examined her garments; they were saturated with blood—I examined her person, and found a lacerated wound in the vagina; there are several large veins there, from which blood had escaped—that was the cause of death, together with the shock to the nervous system—a blow with a heavy boot might have caused the laceration, but there might have been other blows to cause the shock—the amount of blood was not so very great as to cause immediate death—the kick must have been a violent one, and I should say the clothes had been raised to inflict it—she had very little clothing on—Mr. Kempster, another surgeon, arrived afterwards.
Cross-examined by the Prisoner. I should say that a fall over a can would not have caused that sort of wound; a cracked can might if a piece was broken, but a fall would not.
The prisoner, in his defence, stated that the injury was caused by her falling over the can.
GUILTY Recommended to mercy by the Jury.— . Fifteen Months' Imprisonment.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted;
MESSRS. BESLEY and HORACE AVORY Defended.
ELIZABETH BROWN . I live at 3, Union Court, Borough, and work at a warehouse in the City—the prisoner was my father—I lived at home with him—my mother's name was Lea Goulding before she was married—I never knew whether they were married or not—on Saturday night, the 15th August, between 12.30 and 12.45, my father came home—he asked me for my mother—I said she had not come home—he said he would go and look for her—he went out, and came back in a quarter of an honr—he asked if mother had come home; I said "No"—he said "I won't go out any more and look for her; we will go to bed"—he went up at if to bed—about 2 in the morning I heard a knock at the door—I went down to answer it, and let my mother in—she had been drinking—she walked in and sat down on a chair in the parlour—I left her there, and went up to dress myself—while I was dressing my father came down stairs, and stood at the foot of the stairs—I said to him "Do not beat mother," but he ran into the parlour, and I heard something fall, and my mother called out "Lizzie"—I ran half way down the stairs, and my father ran up after me—I went to the window, and saw a boy going by, and sent for a policeman—two policemen came and pushed the street door open—my mother was then lying on the floor, and my father was sitting by the table—I picked my mother up, and put her on the chair—her mouth was bleeding—she went towards the street door, and the policeman pushed her back and said she had been drinking, and told her to go indoors—a little while after I went to the top of the street—I heard my mother scream out again, and I ran back to her and found her on the floor lying by the cupboard door—I put her in a chair again—my father smacked her face twice, and she fell on the floor again—I got some water and fetched Mrs. Bates, a neighbour, to bathe her mouth, which was bleeding—I asked my father to go to bed, and he did so—I made a pillow on the floor for my
mother, and left her lying there—next morning, about 9.30, Mrs. Bates and I helped her upstairs and put her to bed—she remained in my bed till 11o'clock at night, and I then moved her to her own bed—I heard her say she felt sick in the morning, and she got out of bed and I heard something fall—my father called "Lizzie!"—I went into the room and found my mother on the floor—with my father's assistance I picked her up, and he bathed her head with vinegar—I went downstairs and fetched it—about 9 o'clock he sent me for the doctor, and at 25 minutes to 11 my mother died—when my father came home on the Saturday he had a little drop to drink—on the Sunday he told me to tell the doctor that mother had been drinking and that he had beaten her about with a slipper—mother was in the habit of coming home late on Saturday night, generally with my father—she did drink now and then.
Cross-examined by MR. BESLEY. I am 19 years old—I am the eldest of the family—my sister Kate will be 17 in October—the next is a boy about 13—he is in an industrial school at Winchester, and has been there three yers—my other little brother is about 10—he was living at home at the time—the next is a girl about five—there was a baby, who died—I always believed that my father and mother were married till this occurred—I should not call my—mother a drunkard—she drank a drop now and then—that became frequent during the last three or four years—my father is a lighter-man and went to work at all times—I know that he saved 14l. 10s. to bay a boat—I do not know that my mother took the money—I know she was away for a week—father accused her of it—I did not see it myself—I know that the landlord put in a distress for seven weeks' rent, and father said he had given mother the money to pay it—I remember her being taken up once for interfering with another person—I never knew her looked up before—father and I have had words about my staying out late at night—I never stayed out later than 11.30—he said mother encouraged me in doing it—I have said that I thought my father wanted a little punishment—I do not know of my mother threatening the life of Mrs. Hamilton—I know she went there once to ask for some money—I do not know that she fell down the steps, only from what Mrs. Kelly told me—that was about a fortnight ago—I used to give her my week's money that I earned, 7s. 6d. a week father allowed her so much a day afterwards—he said he would Hot give her any more money weekly, he would allow her so much a day—we do not burn candles, we have a large lamp and a small one—I heard my father say to the policeman that he was bound over to keep the peace for six months—I did not hear him say that the child who was dead had died from neglect—I have not been at home much—mother complained of keeping my sister Kate at home doing nothing—my father shook his fist at me when I was on the stairs, and said "I will kill you if you come down here"n— I did not hear my mother say she had been to her brother's—the two smacks in the face that he gave her were with the open hand—I did not see her attempt to kick my father and fall in the attempt—mother had complained to me before this Saturday of pains in the head—she said she did not feel very well, but she got all right—my father said that mother had got out of bed and fallen over his box—he said that before he went to work on the Monday. Re-examined. I earn my own living, and have done so for six years, and contributed so much a week for the support of the family.
JESSIE BATES . I am the wife of Henry Bates, and live at 3, Union Court, Redcross Street—the prisoner and the deceased lived at No. 5 in the same court—about 2.30 a.m. on the 15th August I was fetched by the last witness—I found the deceased sitting on a chair in the parlour—the prisoner was there—I said "What is the matter with you, Lea?"—she said "Look at my mouth how it is a-bleeding, what that beast has done"—he made no answer—he asked for his trousers, dressed himself, and went out—two constables afterwards came to the door and told her to go iu, as she was drunk and incapable—the next morning about 9.30 the daughter fetched me again, and I undressed her and put her to bed—I saw her again at 7.30—she then seemed much better—on Monday morning I found her in a dying state—she died at 11.25—I had known them about 16 years—he is a hard-working, industrious sort of man—she did like a little drop of drink.
Cross-examined. She told me she was married at Waterloo Church, and asked me why I did not get married at the same churolf—she was very found of drink now and again—I know she went to see Mrs. Hamilton at Mrs. Kelly's—I do not know anything about her falling—I heard the prisoner say "I have allowed her weekly money, what am I to do; I can't put up with this much longer"—the police said to her "Go in and be quiet and go to bed"—they did so, and I heard no more quarrelling—he has been a peaceable, industrious man, and very good to his children, FRANCIS CROOK. I am a labourer of 112, South wark Bridge Road—aboot 2.30 a.m. on the 15th August I was going through Worcester Street—I heard some one calling out "Murder!" and "Police!"—I turned into Union Court, and Elizabeth Brown sent me for a policeman—two policemen came and went away again—I was sitting on a window ledge opposite No. 5 after they had gone and I heard a kind of a scuffle inside—I walked across and looked in at the door, and I saw the prisoner strike the woman, who was on the ground, in the face with his fist once—he had no shoes or stockings on—he shoved her with his bare foot.
Cross-examined. That was about three or four minutes after the police had gone away—I only saw it through the shutters—I have been once charged with crime.
Re-examined. It was for pawning a pair of boots and some clothes; I had three calendar months—these people are strangers to me; I have seen them passing by, but not to speak to them.
CHARLES PERCIVAL (Police Inspector M). About 8 p.m. on the 16th I was on duty at Southwark Police-station—the prisoner came in and said, "I hear the police are after me, and I have come to give myself up"—I told him the charge—he made no reply.
Cross-examined. He came with Mr. Nash and another respectable person, and wanted me to take their bail, as he said there was no one to look after his home.
RICHARD STAMP (Policeman M 296). At 3 a.m. on the 15th I was on duty in Redcross Street—I went into Union Court by the prisoner's house—I saw him sitting in a chair, and the deceased lying on the floor—I heard him say, "You dirty beast," and T heard her say, "You brute"—he said, "I will do for you before long"—she said, "You brute, you ought to know better than to knock me about like this"—he said he was bound over to keep the peace for six months—he said, "You know you starved my family, and fed. them on saveloys and fagots."
Cross-examined. Policeman 297 was with me—I did not go into the house, merely stood at the door—I did not say to her, "You are drunk and incapable, go in"—I advised her to go in and keep quiet—she was the worse for drink.
HENRY DUNN (Policeman M 282). I was on duty in Union Street, and hearing a woman complaining of a disturbance in Union Street I went to the prisoner's house—Mrs. Brown came to the door—she was slightly bleeding from the mouth—she said her husband had been knocking her about—he said she had been spending the money that he had been working for all the week—I persuaded them to shut the door and go to bed.
Cross-examined. Mrs. Bates was there—I left her with them—I saw nothing of Crook.
GEORGE POWELL (Policeman M 177). At 11.2 a.m. on the 16th a woman came to me, and I went to 5, Union Court—in the room upstairs I saw the body of the deceased on the bed—she had bruises on the head and forehead—all the face was discoloured—she had a pair of blaok eyes—I remained there till the body was removed to the mortuary.
CHARLES COX GOODE , M.R.C.S. I live at 29, Southwark Bridge Road—on Monday, the 16th, at 10 a.m., I was called to see the deceased—I found her in bed unconscious, with stertorous breathing, and the pupils of the eye dilated—she lived about an hour and a half after I saw her—she was beyond all medical aid—I found bruises on the left cheek-bone, one on the chin, and bruises on both arms—in my opinion they were recent—I made a post-mortem examination on the Wednesday—all the viaoera was healthy oxcept the liver; that was fatty, and the kidneys also—the cranium was entire, and the membranes of the brain, except bulging and containing fluid blood—there was a large clot of blood on the right side of the brain about 3 inches square—that must have been caused by some violence—the cause of death was rupture of the vessels by pressure on the brain—I found a bruise outside corresponding with the clot inside—a blow would do it.
Cross-examined. It is impossible to say whether the injury arose from a blow or a fall, or within what number of hours the violence took place—it may have been on the Monday, or on the Saturday night.
NOT GUILTY .
ADJOURNED TO MONDAY, OCTOBER 18.