CENTRAL CRIMINAL COURT
SECOND SESSION, HELD DECEMBER 13TH, 1880.
MINUTES OF EVIDENCE,
TAKEN IN SHORT-HAHD, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
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, December 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 RIGHT HON. WILLIAM MCARTHUR, M.P., LORD MAYOR of the City of London; The Hon. Sir HENRY HAWKINS , Knt., one of the Justices of the Exchequer Division of the High Court of Justice; The Hon. Sir JAMES FITZJAMES STEPHEN , Knt., one of the Justices of the Queen's Bench Division of the High Court of Justice; THOMAS QUESTED FINNIS , Esq., and Sir THOMAS WHITE , Knt., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; JOHN WHITTAKER ELLIS , Esq., JAMES FIGGINS , Esq., HENRY EDMUND KNIGHT , Esq., GEORGE SWAN NOTTAGE , Esq., JOHN STAPLES , Esq., and REGINALD HANSON , Esq., 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.
CENTRAL CRIMINAL COURT.
MCARTHUR, MAYOR. SECOND SESSION.
A star (*) denotes that prisoners have been previously in custody-two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 13th, 1880.
Before Mr. Recorder.
After the case had proceeded for a time the plea of Justification was withdrawn, and a verdict of
GUILTY was taken.—Judgment Respited.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. RIBTON Defended.
JOHN WESTFIELD . I am manager to Messrs. Steedman and Co., 272, Walworth Road, wholesale chemists, trading as Harvey, Roberts, and Co.—on 7th January last a man called and left this order for three dozen packets of soothing powders, and this cheque for 18l. 9s.; I packed them and the man came for them; the prisoner was in a cart outside; the goods were put in the cart, and he went off with them—I believed the cheque to be genuine, and that the address on the note, "Charles Leake, dispensing and family chemist, Whetstone," was the prisoner's genuine address; that was what deceived me—the cheque is signed "Charles Leake"—I gave the man a receipted invoice, but he left it behind—I paid the cheque into my employers' account next day, and it was returned marked "Account closed"—I made inquiries at Whetstone, but could not find anything of the prisoner—I wrote him a letter, and it was returned unopened marked "Gone away."
Cross-examined. I don't know who the man was that brought the letter—I asked him if he was Mr. Leake, and he said "No, I am a furniture dealer living close to him"—when I went out with the invoice I saw the prisoner sitting in the cart, and he drove off immediately—I did not know him before; he had no dealings with us before that I know of—if there had been no cheque inside the note I should not have let him have the goods.
and Co., 95, City Road—on 7th July the prisoner called and left this order for Cockle's pills and other medicines with this cheque for 8l.—whilst he was there a customer of ours came in and shook hands with the prisoner—he went away and afterwards returned and took the goods—the cheque was paid into our bank and was returned marked "Account closed"—I believed the order and the cheque to be genuine or I would not have parted with the goods—the prisoner did not represent himself as Leake, but that he came from him.
Cross-examined. I never heard of him before—I found on referring to our ledger this morning that on 2nd December, 1878, he purchased goods to the amount of 6d., and on December 3rd to the amount of 8d.—I Know of no other dealings—I have heard that he did carry on business at Whetstone.
EDWIN HOGARTH . I am manager to Hovenden and Sons, City Road—on 7th July the prisoner left this order and said he would call again for the goods, which he did—I asked him if he knew Mr. Leake; he said "Yes, I know him well; he has got Marshall's business; he was formerly at Putney"—when he took the goods away he asked if anything was allowed for the order—I said "No"—he said "I should have given you something if you had come to me for a bedstead"—he said he was a furniture dealer—I had no idea that he was Mr. Leake.
Cross-examined. I did not know him before.
JOHN HUDALL . I am a chemist and druggist at High Street, Whetstone—on 19th December. 1878, I bought the business of the prisoner for 135l.—I took possession of the premises and have carried on the business ever since.
ALBERT HENRY DAVIS . I am a cashier at the London and Southwestern Bank at Wandsworth—on 16th February, 1878, the prisoner opened an account there in the name of Charles Leake; it continued till 30th September, 1879, and was then closed by a charge of 9d.—in the ordinary course he would have a cheque-book—these two cheques were presented to us in January and July, and were returned.
Cross-examined. He opened the account with 100l., and paid in altogether 233l., which was all drawn out—we never allowed him to overdraw; he then carried on business at Wandsworth, and afterwards at Whetstone as a chemist—we had a satisfactory reference.
STEPHEN MERRONY (Policeman G). On 17th October I apprehended the prisoner on a warrant at 11, Gurney Road, Stratford—I read the warrant to him—he said "What do you say, there is not sufficient at the bank to meet the cheque of Mr. Hovenden's?"—I said "I am informed so"—he said "I thought there was sufficient to meet that"—on the way to the station he said "What do you say is the charge against me?"—I repeated it, and he said "Well, I suppose I shall have to go for trial"—he afterwards said "If I had known there was a warrant out against me I would have given myself up."
The Prisoner received a good character.
GUILTY .— Nine Months' Imprisonment.
101. ARTHUR SCOTT (38) and WILLIAM FOSTEE (23) to a burglary in the dwelling-house of George Elliot Ashburne, and stealing five silver ornaments and other articles.— Five Years' each in Penal Servitude. [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, December 13th, 1880.
Before Mr. Common Serjeant.
102. GEORGE DOLBY (30) and CAROLINE DOLBY (25), Unlawfully having in their possession a mould for coining, to which GEORGE DOLBY PLEADED GUILTY **.— Seven Years' Penal Servitude. MR. EYRE LLOYD offered no evidence against
CAROLINE DALBY.— NOT GUILTY .
103. BENJAMIN WREN (36) PLEADED GUILTY ** to feloniously uttering counterfeit coin after a previous conviction of a like offence.— Five Years' Penal Servitude. He was again indicted with MARY ANN WREN (28) for unlawfully uttering counterfeit coin, upon which no evidence was offered.
NOT GUILTY .
MESSRS. LLOYD and COOKE Prosecuted.
CHARLES PUZEY . I am barman at the White Lion, High Street, Islington—on 25th November, about 5 p.m., I served the prisoner with Three half penny worth of gin; he gave me a bad half-crown; I broke it in halves between my teeth, and he ran out—I afterwards pointed him out getting out of the prison van.
Cross-examined. I swear that you are the man—I have seen you frequently as a customer.
BENJAMIN DAY . I am a tramway conductor—on 28th November, a little after 12 at night, the prisoner was on my car at Dalston—I went on the top for his fare and he tendered a half-crown—I did not like the weight of it, rubbed my thumb across it, and said "This will not do for me"—I then put it in my mouth and marked it so that I should know it again—this is it (produced)—I gave it back to him, and he gave me a good shilling—he was given in custody—he put the coin into his right trousers pocket, and I told the constable so—next morning I found under the cushion on which he had sat these two half-crowns (produced) wrapped in tissue paper and newspaper over it—no one had sat there afterwards; that was the last journey that night, and the car was not examined till the morning; it stood in the yard.
Cross-examined. I did not give you 2s. 4d. change—you told me I was drunk and did not know my business—you had the opportunity of putting the coins under the seat after I called the constable—I gave you the change for the good shilling—the fare was 2d.
WILLIAM HENRY REED (Policeman N 270). The prisoner was given into my custody on top of a car in Essex Road—Day fetched him down, and said that the half-crown was in his right trousers pocket—I asked him for it, and he gave it to me, and some other silver and copper—this is it—I asked him how he got it; he said that he changed a half-sovereign at the Peacock—I found on him 2 shillings, 3 sixpences, and 7 pence, all
good—I received these two half-crowns from Inspector Parsons next morning.
The Prisoner's Statement before the Magistrate. "I am guilty of uttering the half-crown to the conductor, but I know nothing of the two found under the tramcar cushion; they have been put there for me."
Prisoner's Defence. There is not the slightest doubt the detective put the two coins under the seat to crush me. Anybody is liable to take one coin.
He then PLEADED GUILTY** to a preview conviction of feloniously uttering counterfeit coin.— Seven Years' Penal Servitude.
MR. POYNTER Prosecuted.
AMOS TUCKWOOD . I keep the Alma Tavern, Twickenham—on 11th November the prisoners came about 12.30 at night and lodged there as man and wife—they said that they had missed the last train—next morning they wanted to stay a week or ten days, saying that they had an action against a tramway company, and the solicitor advised them to stay a little way out of London till it was settled—I told them I could not accommodate them any longer—they stopped till the evening and dined late—I said that they must go as I had found things which did not belong to them, and I asked them to account for them, but they could not—they left just after 11; he asked me to make out the bill, and said he would settle it—I made it out; it was 9s., and he produced these pouches and cigar-holders, and said he would leave them with me as security till he came next day to pay the bill—this box and three shirt-studs are mine—they were kept in my bedroom—I last saw them safe a fortnight before—I missed five studs which I have not charged the prisoners with—the servants made a communication to me about midday on Friday, in consequence of which I locked my door.
JANE FIELDER . I am a servant at the Alma Tavern, Twickenham—on Friday, 12th November, about 9 p.m., I went to make the prisoners' bed, and trod on this box and three studs—the room was locked till 9—I opened it and looked at them—the prisoners both came in, and I asked the male prisoner if they were his studs—he said "Yes; they came out of my shirt, but I have not worn them to-day," and I gave them to him in the female prisoner's presence—after they left I told my master.
JOHN LAURENCE (Policeman T 74). I received information, went to Twickenham Railway Station, and found the two prisoners—I told them they would be charged with stealing some studs from the Alma public-house—the prisoner Alfred said that he had left some of his own things with the landlord as security for the money he owed him—on the way to the station I asked him if he had any studs or money—he said that he had no studs, and nothing belonging to the landlord—I found three studs
in one of his pockets, and two in another, and he pulled out the box at the station—he had been drinking very much—I had begun to search him before he produced them, but I had not got my hand in the same pocket he took them from—I found in his breast-pocket this order-book, papers, and 30 pawn-tickets for 9 Bibles and various articles of clothing—he was wearing this chain as a watch chain—I received this plated corkscrew and other articles from the landlord—I took this umbrella from the female prisoner.
Alfred Smith's Defence. I hurt my foot, and could not work. I got drinking, and I do not think I stole the studs, certainly not intentionally; the servant gave them to me.
Eliza Smith's Defence. I knew nothing about the studs. I did not know that he had them.
NOT GUILTY .
(For another indictment against the prisoners see Surrey cases.)
NEW COURT.—Tuesday, December 14th, 1880.
Before Mr. Common Serjeant.
107. OSCAR DUNNETT SPARLING (27) PLEADED GUILTY feloniously marrying Grace Annie Rabbits, his wife being alive. (The prosecutrix stated that she knew that the prisoner's wife was living.)— Two Days' Imprisonment.
BIGGINS PLEADED GUILTY .
MR. POLAND Prosecuted; MR. HORACE AVORY Defended.
CHARLES TURNER . I am a cashier at Coutt's and Co.'s bank—on 19th November Auger presented this cheque: "16th Nov. Pay Mrs. Biggins or bearer 18l. 18s. 6d. Miss Eleanor Maria Paul." I considered the signature not genuine, and sent it to be examined, Auger remaining at the counter—it was brought back, and I said "From whom do you present this cheque?" he said "From Mrs. Biggins; she has been attending on Miss Paul, who has been unwell, and this is the balance due to her," or "the sum due to her"—he said "I hope I shall not be detained long, as I want to get back to the barracks"—I returned it to him with a paper attached "Signature differs," and he left.
Cross-examined. He was in uniform—I saw no reason for detaining him—he made no attempt to leave while the clerk was absent to make the inquiry, which was more than five minutes—when I handed him back the cheque with the paper attached, he said "Of course you are obliged to be very careful"—we have a customer named Eleanor Maria Paul—she does not sign "Miss "before her name.
WILLIAM READER (Police Serjeant E). On 2nd November I took Auger at St. George's Barracks for uttering a forged cheque on Coutts's—I showed it to him, and asked him how he accounted for the possession of it—he said "It was given to me by Mrs. Biggins"—I said "How long have you known Biggins?"—he said "About nine months. I thought the cheque was all right, or I should not have had anything to do with it; that is what women do for you; I wish I had never seen her. She brought this letter to me this morning to the barracks," pulling it from his pocket, "and if I could have got out, I should have gone no doubt again this morning with this letter." (Read:" E. M. Paul requests the
money for the cheque to be paid to Mrs. Biggins for her good services to me for some months.") I took him in custody—on 30th November I searched Biggins's room, 32, Wellington Street, Chelsea, and found this letter (produced) and about 50 others in the same writing, and this cheque: "Messrs. Coutts and Co. Pay A. Biggins 20l. Miss Eleanor Maria Paul."
Cross-examined. Most of them were love letters—he did not say "I have known her nine months, I had no idea it was a false cheque"—he said "When I left the bank I enclosed it in a letter addressed to 38, Montpellier Street"—that is Miss Paul's residence—" if I could have got out this morning I should have presented it again this morning with a note"—I have no doubt that the note is in the same writing as the cheque—he said "It is the first time I have been in trouble, and I hope I shall not be locked up this time."
ELEANOR MARIA PAUL . I live at 38, Montpellier Street, Brompton—the house is kept by Mr. Phipps—Biggins was his housemaid—I keep an account at Messrs. Coutts's—I keep my cheque-book locked up—on 22nd November a constable brought Biggins to me—these cheques for 20l. and 18l. 18s. 6d. are not signed by me or by my authority—I afterwards missed from my cheque-book cheques 07434, 07435, and 07436.
Cross-examined. Biggins assisted in cleaning my room, and in attending on me—I do not know the writing on the cheques.
HENRY PHIPPS . I live at 38, Montpellier Street, Brompton—Miss Paul lodged in my house in November—Biggins was my housemaid for 7 months and 13 days, up to 20th November, when she left after a month's notice—these letters are all in her writing.
JOHN ERNEST WEEKS . I am a cashier at Messrs. Coutts's—on Monday, 22nd November, Biggins came there, and presented this cheque for 18l. 18s. 6d. with this note—I had heard of the transaction of the 19th—I referred to the partners, and a policeman was called in.
STEPHEN HILLIER . I am colour-sergeant of the 1st Battalion Coldstream Guards—Auger was in my company about four months—I have known him three years, and know his writing; I believe this letter to be his writing. (This was signed "Yours till death, Harry" dated from St. George's Barracks, and addressed to Alice Biggins, stating that he had applied to his sergeant-major for his discharge by purchase, who would want the money on Monday morning, and requesting her to obtain it.) I do not think he had applied for his discharge, but it would cost about 18l., I think—I do not know whether he is well educated, but he could not be a corporal unless he could write—he is a full corporal, and he would take his turn in becoming a sergeant—promotion is very quick sometimes.
AUGER— NOT GUILTY .
BIGGINS— Fifteen Months' Imprisonment.
MR. TORR Prosecuted.
MARY ANN DAVIS . On 12th November I lodged at 97, Red Cross Street, and about 11.30 p.m. I heard a disturbance, which induced me to go to the room below, where my child was sleeping—I found the prisoner at the bedroom door with a knife in her hand, and said "I hope you have
not hurt my baby"—she said "I will hurt you, you cow," and stabbed me twice on my left side, and on my head, and on my right cheek—I tried to get the knife from her, and out my fingers—I bled a great deal, and she was given in custody—it was a table-knife; this is it (produced); she held it point downwards.
Cross-examined by the Prisoner. I did not strike you first, nor did I struggle with you till I tried to get the knife from you.
ELIZABETH TANNER . I am deputy at this lodging-house—I was called to a disturbance; Mrs. Davis came down, and said to the prisoner "I hope you have not hurt my child"—the prisoner said "I will hurt you, you cow," and struck her with a knife—they both fell, and there was then a struggle on the floor—Mr. Davis had not said anything to her, or struck her—the prisoner was in drink, but not so drunk as not to know what she was doing.
JAMES SEWELL (Policeman M 34). I took the prisoner; she said "She put her hand up in my face; I knew I could not fight her, so I used the knife, and would do to anybody who insulted me"—she was the worse for drink, but could walk very well—she talked rationally, but was excited.
GEORGE ALSTIN (Police Inspector). I took the charge—the prisoner said "If you are Irish Mary Ann I am Irish Maria, and will not stand any flourishing of your hands in my face and shoving about"—they are Irish cockneys; that is born in London of Irish parents—the prisoner was in a very violent temper, and under the influence of drink, but able to know what she was about.
THOMAS EVANS . I am the divisional surgeon—on 18th November I was called to Davis; she had a severe incised scalp wound, which had bled very much, and an incised wound on one cheek; two of her fingers were also cut—this knife would be very likely to produce the wound.
Prisoner's Defence. I was under the influence of drink, and was much aggravated. I did not intend to do her any bodily harm. I was haying my supper, and had the knife in my hand, and she struggled, and we fell together. I did not do it intentionally.
GUILTY** of unlawfully wounding. — Eighteen Months' Imprisonment.
MR. STEWART WHITE Prosecuted.
EMMA MILLAR . I am the wife of Alfred Millar, of Swan Pace, Old Kent Road—on 1st December, about 2.45, I was in Cheapside, and Powell put his hand in the left pocket of my waterproof, took my purse containing 12. 9., passed in front of me, and dropped it on the ground—a lady picked it up and gave it to Green—I accused Powell, and Brown came in front of me, but did nothing—I gave Powell in charge—he said "I have not taken your purse."
Cross-examined by Brown. I took hold of Powell's arm, and said "You have taken my purse," and then you came in front of me and looked in my face.
THOMAS GREEN (City Policeman 658). I was on duty in Cheapside with Davidson, and saw the prisoners endeavouring to open ladies' bags—I followed them; they still kept together, and followed the prosecutrix—Brown walked in front of her, and Powell on her left—she said "You
have got my purse"—I took hold of Powell, and asked him where it was—a lady picked it up, and gave it to me—I saw Brown walking in front, impeding her progress, and they spoke together before this happened.
JOHN DAVIDSON (City Policeman 849). I was with Green, and saw the prisoners together for seven or eight minutes—Powell endeavoured to open a lady's bag, and Brown covered his actions by pushing up—they then followed the prosecutrix—Green took Powell, and I took Brown—in the case of the bag Brown was behind—I told him he would be charged with stealing a purse—he said "I have taken no purse; if the lady says I have stolen her purse that will do, I must put up with it; I don't know anything about it."
ARTHUR JOHN WEBB . I live at Clapham—I was in Cheapside, and saw the prisoners; having seen them in Fleet Street on the Thursday previous attempting to pick pockets, when they saw me and ran away, I watched them; Brown went before the prosecutrix, and Powell took out her purse; she turned round, and said "You have got my purse," and he dropped it immediately—a lady picked it up, and gave it to the constable—I had watched them about three minutes.
Cross-examined by Brown. You were a yard and a half in front of the lady when Powell took her purse, and I saw you hurry away directly he got it out—I could see you covering Powell's hand.
Brown's Defence. I was not aware that Powell was going to steal the purse.
BROWN GUILTY **.— Nine Months' Imprisonment.
POWELL**.— Twelve Months' Imprisonment.
OLD COURT.—Tuesday, December 14th, 1880.
Before Mr. Recorder.
111. WILLIAM JOHN SEAMAN (23) PLEADED GUILTY to stealing while employed in the Post-office a post-letter containing stamps, the property of Her Majesty's Postmaster-General. He received an excellent character.— Five Years' Penal Servitude. There were two other indictments against the prisoner for detaining and not delivering letters, to which he Pleaded Not Guilty, and upon which no evidence was offered.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
MARIA L'HABITANT . I am the wife of Hippolyte L'Habitant—he keeps a fish shop at 26, Regency Street, Westminster—on Sunday night we went to bed about 8.30, leaving the house safe, and about 12.30, hearing my dogs bark, I opened the window and looked out, and saw Prendergast running out from the closet in the back yard—I knew him before—I also saw Phillips stooping as he went along—I did not know him before—my husband got up and ran after them; they both ran away—I called "Police!" and then went downstairs—I found the window of the watercloset had been forced and the string cut—I missed from my room a watch and chain and five rings, and other articles worth about 30l.—this ring (produced) is mine, and was safe that night; it is
worth about 30 francs—a few days afterwards I saw the prisoners at the station and identified them.
HIPPOLYTE L'HABITANT . I was roused in the night about 12.30 hearing the dogs bark—I went down and saw two persons running—I recognised Prendergast; I am sure he was one of the men—I ran after them—I found this knife on the skylight and these boots in the closet—I afterwards saw Prendergast in custody, and knew him again immediately—I did not see the face of the second man; he was stooping down all the time.
THOMAS BUXTON (Police Sergeant B). On Monday morning, 1st November, about 10 o'clock, I visited the prosecutor's premises and found they had been entered—they had got on the dusthole to the skylight, and cut the window cord of the closet, and so got into the house—on the Monday morning, about 11 o'clock, I saw the two prisoners with a young woman named Susanah Clarke standing talking in St. Ann's Street, Westminster.
SQUIRE WHITE (Police Inspector B). The prisoners were taken in custody on the 12th November on a charge of loitering—they were remanded until the 19th, when Mr. and Mrs. L'Habitant identified them, and then they were charged with this burglary.
CHARLES MACKEY . I am manager to Mr. Edwin Soames, pawnbroker, of 33, Queen's Road, Chelsea—this gold ring was pawned at our shop on Tuesday, 2nd November, between 12 and 1 o'clock in the day, by the woman Susannah Clarke, in the name of Alice Wheeler, 6, George Street, for 2s. 6d.—I gave her a duplicate.
SUSANNAH CLARKE . I was living in Park Street at the time in question—I am an unfortunate woman—I have known Prendergast two or three months, and Phillips by always being with him—he bad the nickname of "Shah"—I was with them on the Monday morning, 1st November, between 7.30 and 8 o'clock, in a public-house in Strutton Ground, and Prendergast said to me "I have got a ring; it does not belong to me, it belongs to Shah" and he asked Shah if he should give it to me—Shah said "Yes"—they said it was gold; I did not believe it, and I tried it in the afternoon, and afterwards pawned it at Mr. Soames's for 2s. 6d.—I afterwards told Shah I had pawned it, and he knocked me about and took the ticket of the ring away from me—I slept with him on the Monday night, and he gave me 5s., and Prendergast gave me 2s. on the Monday—they asked me then if they could get any stuff would I take it up into my room to mind it; they both said so—I said I would not—I know nothing of any property but the ring—the prisoners are always together.
Prendergast's Defence. I know nothing at all about it. I am innocent. It is a made-up case.
Phillips's Defence. I did give the girl the ring. I bought it. I was gambling on Sunday, and won 23s. A chap said he gave a shilling for the ring, and asked me if it was gold, I said I did not know—I do not know anything at all about the robbery.
GUILTY . ** PRENDERGAST also PLEADED GUILTY to a conviction in March last.— Eighteen Months' Imprisonment each.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
WILLIAM HENRY LANDEY . I am assistant to Mr. Hawkey, furniture warehouseman, of 111, 113, and 115, Walworth Road—on the 9th Nov., in consequence of Mr. Hawkey's handing me a letter, I went to No. 14, Chryssell Road, Brixton—I there saw Mrs. Morrison—I measured the back-room second-floor for a carpet—I then went back to my employer, and by his direction I went to Chryssell Road again, and there saw Frederick Simmons—I produced this letter to him, and said I had come in reference to the letter, "Is Mr. Simmons within?"—he said "Mr. Simmons is out"—I asked when he would be in; he said "About 7 o'clock"—I said "He thoroughly understands that it was a cash transaction"—I said "We could not do a good feather bed, bolster, and pillows for the amount mentioned in the letter"—he said "He quite understands that the bolster and pillows would be extra"—I said we could not do the chairs exactly at the price—he said "You had better settle that with my brother; I think he will be in about 7 o'clock"—I said I would bring the goods at that time, which I did—I then saw both the prisoners together upstairs; Henry said that Mr. Simmons was not in—I said I would wait outside with the van until about 8 o'clock—after waiting about half an hour Henry came down and said it was uncertain whether his brother would be in, had I not better take the goods back—I said it was a very unbusinesslike transaction, could he tell me where his brother was—he said he was in the Temple, but he could not give me his address—I then asked him if he could give me any other references, and he said his grandfather, who was an accountant in the city—I said I should be glad to have the name and address; he did not give it—he asked me if I would leave the goods; I said "No, certainly not"—he then said Mr. Simmons would call at 11 o'clock the next day to select the carpet—I said "I will find out what your brother is"—I then left, taking the goods back—they would hare come to about 14l. with the carpet—no brother called the next day—I was not asked to deliver them.
Cross-examined by Henry Simmons. You said "My brother will call tomorrow at 11 o'clock"—I saw a woman there—you did not say Mr. Simmons was not at home, you said your brother was not.
Cross-examined by Frederick Simmon. The conversation between you and I lasted about 5 or 10 minutes, perhaps not quite so long—that was the only time I saw you.
CLARA MORRISON . I am the wife of John William Morrison, cab proprietor, of 14, Chryssell Street, Brixton—on Monday, the 8th November, Henry Simmons came and took two unfurnished rooms on the first floor—he did not give any name and address—he said he should like to take possession to-morrow; the rent was to be 6s. 6d. per week—next morning he came and said "We shall be in the afternoon shortly after 3 o'clock, and the goods will follow"—he said his brother and his aunt would come—he said the goods were partly packed—he then left, and between 4 and 5 o'clock came and asked me if his brother was there—I said "No"—he remained about half an hour, and then went away, and returned with the aunt and his brother—they stayed some time in the evening—I remember the van coming about half-past 7 o'clock—I did not hear what passed—the goods were not delivered—then they went away—next morning, Wednesday, Henry came, and later in the day Frederick—they stayed some little time, and went away, and I saw no more of them—they
did not give me any notice that they were not coming back—I got no rent—they gave no name, I did not think to ask for it.
Cross-examined by Henry Simmons. The aunt did not tell me she could not stop because there was a stable in the back yard.
JOSEPH BALMER . I am salesman at Messrs. Bartholomew and Fletcher general upholsterers, 147, Tottenham Court Road—on the 11th November Henry Simmons came to our shop with a slip of paper in his hand with our name written on it—he said he came from Mr. Symonds, and he wanted a 4 foot 6 inch bedstead with two pairs of blankets, and measure for a carpet—the bedstead was to be delivered that night, and he wished to know whether it would be well aired and fit to sleep in; I said it would—I asked if Mr. Symonds was an old customer, and he said "Yes"—I asked the address, and he gave me 82, Fentiman Road, Clapham Road—after he left I looked over the books for some years back, but could not find any such name as Symonds—I then went with the goods to the address—they amounted to 5l. 6s.—I saw Henry Simmons there—he said "I will show you the room where to take them to—I asked if Mr. Symonds was in; he said "No"—I said "What time do you expect him; did he leave the money for the goods?" he said "No"—I said I could not leave them without; he said "Mr. Symonds will call to-morrow, as he comes to the City;" I said "Give me Mr. Symonds's address, and I will call on him;" he said "No, he will call"—I took the goods back—no Mr. Symonds called, and I heard no more about the matter until the prisoners were brought up at the Mansion House.
CHARLES ALDRIDGE . I trade as Aldridge Brothers, at 303 and 305, Newington Butts, as furnishing ironmongers—on Friday, the 12th Nov., Henry Simmons came and ordered a few goods—he said that he wanted to have half a dozen knives and forks and some spoons, and other things—he said he came from Mr. Symonds—I asked him who Mr. Symonds was; he said he was a gentleman removing from Bayswater—he told me to send the goods to Mr. Symonds, at 82, Fentiman Road, Clapham; he then left—I sent the goods; they amounted to about 15s,; they were delivered either that day or next—on the Saturday Henry Simmons called again and ordered two steels to be sent to the same address—the value of these was 8s.—he also asked me to send some one to measure for some brass cornice poles, but I did not, I found them to be swindlers—one of the steels was brought back the next morning—our foreman, Partridge, delivered the goods—I have never got payment for them.
Cross-examined by Henry Simmons. You were not removing from Bayswater, because I found you were living in our very neighbourhood all the time—the next time I saw you were in charge of the police—I instructed my carman not to leave the goods without the money, but he did.
JOSEPH PARTRIDGE . I am a carman in the employ of Messrs. Aldridge—on the 11th November I took two pails, half a dozen black-handled knives and forks, and other things, to 82, Fentiman Road, and delivered them to Henry Simmons—I went upstairs and measured the brass cornice and fender—I gave him a bill and asked for payment—he said, "I have not got any money; Mr. Symonds will call to-morrow morning and pay the amount, when he will want some more goods"—I said, "I have strict orders not to leave them without the money"—he
said, "I hope you will, for Mr. Symonds will want to use some of the things when he comes home in the evening; he is sure to call in the morning and pay for them"—I said, "I will leave them on condition that if he does not call in the morning I will call and see him"—next morning I took two steels to the same place, and I saw Mrs. Hughes, the landlady, and had some conversation with her, and I brought the steels back—I went again in the evening and saw Henry Simmons—he looked at the steels and said Mr. Symonds would choose one—he asked why I had not brought the pair of carvers—I said I wanted to see Mr. Symonds before he had any more goods—he said he would come down in the evening and fetch them himself if I did take them; he knew they would let him have them at the shop—I left the steels.
Cross-examined by Henry Simmons. I asked Mrs. Hughes as to your character—she said she had had some good references—I did not like the look of you—when I left the second lot of goods I left them with Mrs. Hughes.
JOHN WILLIAM PORTER . I am clerk to Mr. Alfred Sweet Patterson, hardware agent, of 20, Queen Victoria Street, City—he has a warehouse and show-rooms there—on Friday, the 12th November, Henry Simmons called between 9 and 10 in the morning—Mr. William Patterson was there, and the prisoner asked him to send two iron bedsteads and bedding to 82, Fentiman Road, to Mr. Symonds—he wanted the goods sent that day to sleep on—they were sent on Friday afternoon by George Negus—the price was 4l. odd—on the Saturday morning Henry Symonds came again—he said he had received the goods, and he asked to have a feather bed sent that afternoon—I told him we could not send that afternoon—he asked for the invoice; I said I would leave it; he said he would rather take it with him—I asked who Mr. Symonds was, and said he was not a customer of ours; he said "No"—I said, "Where is his place?"—he said, "In the Temple"—I asked "Where?"—he said he did not know—I said I would come that afternoon and see Mr. Symonds—he said it was useless my coming, perhaps I might not see him—he asked me to send down and measure for a carpet—I went there on the Saturday afternoon—I did not go into the room; I made inquiries of Mrs. Hughes, and found they were at the police-station—it was to be a cash transaction, and I went on the Saturday to collect the money—I afterwards saw the iron bedstead at Mr. Cogswell's in Camberwell Road.
Cross-examined by Henry Simmons. I had received instructions from the firm to get the money—I was not aware that I should have to give you in custody—what you said was "Send the things to Mr. Symonds, 82, Fentiman Road, Clapham Road," and that he could come down and see us.
WILLIAM PATTERSON . My father carries on business in Queen Victoria Street—on Friday, the 12th November, Henry Simmons came there—he said he wanted a bedstead and bedding sent to 82, Fentiman Road, Clapham Road, that evening for H. Symonds, and he should like a man to measure for a carpet—I do not think I saw him again—it was a cash transaction.
Cross-examined by Henry Simmons. I think you said they were wanted for the servant, for use that day—nothing was said about payment at that time—we were expecting to see Mr. Symonds, and settle with him—our manager was instructed to ask for payment—I afterwards heard that you were in custody, and then went to the police.
ELIZABETH HUGHES . I am the wife of John Hughes, of 82, Fentiman Road, Clapham—we let unfurnished apartments—on Friday, 11th November, Henry Simmons came—I showed him three unfurnished rooms, and he took them by the week, at 12s. a week—he gave the name of Mr. Symonds—I asked him for a reference, and he gave me Mr. Fleming, his uncle, of the Pall Mall Gazette—my husband made inquiries there, and Frederick Simmons came that evening—the furniture was to come in the next day—they both said so—on Friday morning Henry came, and again in the evening, and said the furniture could not come in, as his aunt was very old, and she could not get it packed, but it would come in on Saturday—I have not seen any goods—he said they had ordered a bedstead, and they had sent the wrong one, 3 feet 6 inches instead of 4 feet square, and as they had paid for it they were going to have a wide one—next morning, Saturday, at half past 10, they both came together—Henry said, "The furniture will be in this evening about 5 or half-past"—Frederick did not say anything—they remained some time—Henry then put his head into the kitchen where I was and said, "I shall be back presently," and that was the last I saw of them—the only things left behind were a bolster and two pillows—no rent was paid.
FANNY HALL . I am servant at 82, Fentiman Road—on Thursday evening Henry Simmons came and took three unfurnished rooms, and said they would come in on Friday evening—they both came on Friday evening—Henry said his aunt was so old she could not get the things packed up by that evening—he told Mrs. Hughes that he had ordered a bedstead of Mr. Patterson, but they had sent a wrong one, and that it was paid for—I took in a bedstead and other things on the Friday, and they were placed in the bedroom—one of them, I can't say which, looked the door and took the key away—they never slept there—on the Saturday morning, about 12, they came together and took away the bedstead and things, except the pillow and bolster, in a cart; both of them helped to carry the things down; they said they would be back directly, but they never returned—while they were removing the bedstead I heard Frederick say to the man in the cart, "Be sure you bring the right one next time."
Cross-examined by Frederick Simmons. I swear that you helped to move the things.
JOHN SANFORD . I am a furniture remover in Kennington Park Road—on Saturday, 13th November, I received a message, and went to 82, Fentiman Road about 12 in the day—I there saw Henry Simmons, and he asked me to remove an iron bedstead, a palliasse, and a wool mattress to Camberwell Road; he said he was going to sell them—I had a ran with me; the things were put in, and Henry went with me to Mr. Cogswell and paid me 2s. for moving the things—I went upstairs and assisted Henry in bringing the things down—I did not see Frederick.
Cross-examined by Frederick Simmons. I saw your brother; he helped me move the things—I did not see you; you did not say to me, "Be sure and bring the right one next time;" nothing of the sort occurred—I only went into one room.
AUGUSTUS WILLIAM SCROGIE . I am assistant to Mr. Cogswell, of 275, Camber well Road, furniture dealer and pawnbroker—on Friday, 12th November, Henry Simmons called and said, "Do you buy furniture?"—I said, "Yes, what have you to sell?"—he said, "An iron bedstead, mattress, and pillows;" he said he would bring them, that they were
in Queen's Road, Peckham; he said they were his aunt's, that she had furnished a house and was unsuccessful in letting it, and wanted to dispose of some of the furniture—on Saturday, between 12 and 1, he came with the bedstead, mattress, and palliasse, and I bought them for 26s.; they were quite new, and had never been used; Mr. Sanford has since seen and identified them—when the goods were delivered I said to Henry, "I shan't pay you, I shall pay your aunt," and about 3 that afternoon an elderly female came, and I gave her the 26s., and she signed this receipt—Henry said if I gave him a good price for these things he would bring some more, in a day or two he would hare a carpet.
WILLIAM KINGSLEY ROADS . I live at 3, Olney Street, Walworth—my wife let a bedroom to the prisoners at 6s. 6d. a week from Saturday, 6th November; they remained till the 13th; they left that morning, and never returned—I saw them next at the Mansion House—they left a few things behind, worth very little.
GEORGE FERRIS (Detective W). On Monday morning, 15th November, I received the prisoners in custody at Lambeth Police-court on a charge of fraudulently obtaining goods from Messrs. Patterson—I told them that as the offence was committed in the City they would have to go with me to the Mansion House—Frederick said, "It is a shame to detain me in custody, as I have not been seen in the transaction at all"—Henry said, "I have used no false pretence; I shall be able to prove it is a debt."
Henry Simmons, in his defence, stated that he had taken the rooms and ordered the furniture for his aunt, who was an independent lady, and that he had made no false pretence to any of the witnesses. Frederick Simmons urged that there was no proof that he had taken any part in any fraudulent transaction.
FREDERICK SIMMONS— NOT GUILTY .
HENRY SIMMONS— GUILTY .*— Fifteen Months' Imprisonment.
BASTERVILLE— Eighteen Months' Imprisonment.
JOHNSON— Four Months' Imprisonment.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. RAVEN defended
Goldsmith, and MR. KEITH FRITH Murphy.
FREDERICK LEWENDEN (Policeman C 125). At 2 a.m. on 30th November I saw the prisoners loitering in Broad Street, Golden Square—I concealed myself, and saw them go to the door of No. 40; they struck a match, and I heard the click of the lock of a door—I went across, and was about to enter, when the prisoners pushed to the door; it caught me in the breast—they were then inside; one of them said, "Push up, Jack"—I forced my way in, and closed the door, and said, "Well, young men, what are you doing here?"—Murphy replied, "We have come to lie down"—I said, "What do you do with your boots off?"—he had one boot in his hand; he said, "Nothing, sir"—Goldsmith had this lantern in his hand, and he raised it up to strike me; I said if he struck me I should hit him with my truncheon; he then gave it to me—I
shouted for assistance, and kicked at the partition; the prisoners ran downstairs; I opened the door and sprang my rattle—Goldsmith then returned to the back door; I obstructed him; I heard a noise of wrenching; he ran downstairs again; I ran after him—two cabmen and a reserve constable came to my assistance—I went downstairs, and in a back room, behind some lumber, I found Goldsmith, standing straight up; I took him into custody; I found a knife and a key on him—in the meanwhile Murphy had been apprehended by one of the cabmen—when charged he said, "We were standing in the doorway"—after they were in custody I found this jemmy close to the back door, which was broken—the street door was about a foot open; it had a very common latch.
Cross-examined by MR. RAVEN. I first saw the prisoners at the corner of Poland Street, they were watching me, about 150 yards from the prosecutor's, and about 100 yards from me—when they went up to the door I was about 30 yards from them, standing in a doorway on the opposite side—I did not see them open the door; I heard it open and saw it open; I went across as soon as they had entered—there was no light in Goldsmith's lantern, I had my bull's-eye—when the prisoners ran downstairs I opened the door and sprang my rattle, and asked the cabmen to bring a light.
Cross-examined by MR. FRITH. Three cabmen and two constables came up when I sprang my rattle; I did not see any other persons outside; it is a crowded poor neighbourhood—there were not half a dozen people in the passage; Murphy said before the Magistrate that he had rushed into the house with me—I did not hear Goldsmith say "This man knows nothing about it."
Re-examined. I have known Murphy for the last six years—he put on his boot in the passage before he ran away from me.
WILLIAM EMERY . I am a cabdriver—about 2 a.m. on 30th November I was in Broad Street, I heard the constable spring his rattle—I took a lamp off the cab and went at once to the house—I went downstairs and saw Goldsmith taken in custody behind some timber—I took Murphy into custody, I said "You are one of them;" he said "No, I came down with the constable;" I said "No you did not"—I, the constable, and the two prisoners were in the house when I got there, and another cabman came in with us with a lamp in his hand.
LABAN CARDY . I am a cabdriver, of 7, Raven Street—on the morning of 30th November I was on the rank in Broad Street; I heard calls for assistance and went to the house—I stood at the top of the passage with my cab lamp in my hand—I saw Murphy come up the stairs, he edged in by the side of Emery, and Emery caught hold of him, and said "Here is another of them"—Murphy said "No, you have made a mistake, I came in with the constable."
MARY CULVERWELL . I lodge at 40, Broad Street; Mr. Hammond carries on business there, but be resides at Camden Town—on the night of 30th November I was the last in, about 12 o'clock—I let myself in with a key; I did not shut the door, I left my young man, Mr. Routledge, to do that; I heard it shut as I went upstairs.
Cross-examined by MR. RAVEN. I had been to the theatre with Mr. Routledge—I heard him shut the door.
Cross-examined by MR. FRITH. There are four lodgers, I was the last in—the others go to bed at half-past 10 o'clock.
HENRY ROUTLEDGE . I live at 3, St. Ann's Buildings—on the night of 30th November I took Miss Oulverwell to the theatre and then home—I bid her good night and shut the street door, and she went upstairs.
THOMAS GATHRIDGE (Policeman C 108). I was on duty in Broad Street on the morning of 30th November—I tried the door of No. 40 about a quarter to 2 o'clock, and it was all right; about 14 or 15 minutes afterwards I heard a rattle and went to the place and found Murphy in custody of the cabman—I found this padlock in the basement when Murphy was taken—I examined the lock of the street door and found a slight mark near the catch, as if a jemmy had been applied there—Murphy said he had entered the house with the police.
Cross-examined by MR. RAVEN. The door had a common spring lock—I am sure there was no mark on it the first time I went to it.
Cross-examined by MR. FRITH. I heard Goldsmith say to Murphy "This man is innocent, he knows nothing about it."
THEODORE HAMMOND . I live at 82, Leighton Road, Camden Town, my business is at 40, Broad Street—I am a boot-tree and last maker—the back door was secured by this padlock; it had been wrenched off—this jemmy does not belong to me.
GUILTY . They also PLEADED GUILTY to previous convictions. Murphy received a good character.
GOLDSMITH**— Seven Years' Penal Servitude.
MURPHY— Eighteen Months' Imprisonment.
FOURTH COURT.—Tuesday, December 14th, 1880.
Before Mr. Commissioner Kerr.
117. FRANCIS THOMAS ELWOOD* (40) to forging and uttering an order for 2l.; also to a previous conviction for felony in February last.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
118. ALFRED OLIVER* (18) to unlawfully attempting to break and enter the dwelling-house of William James Bailey, with intent to steal.— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.] (See page 176).
MR. MONTAGU WILLIAMS Prosecuted; MR. KEITH FRITH defended Hayday.
HENRY THOMAS LAWRENCE . I live at 9, St. James's Place, Tritton Street, Shoreditch—I am a carman in the service of Mr. Macnamara, a contractor—on the 22nd November I was with my van at Brewer's Quay about 3.80, from that to 4 o'clock—I know the time, because I have to be there before 4 o'clock, when they close the place—I left my van outside while I went to deliver goods to different places—it had one horse, and there were 28 packages of butter to deliver elsewhere—when I came out from delivering my goods, my van was gone—I went up Tower Street where I met a man named Lee, and from what he said, I went
and found three of the missing tubs of butter at the back of a tea ware house—I then went to Tower Street, and found my horse and van—there were 25 packages of butter in the van, the other tubs were carried to the Van, and I drove away.
EDMUND LEE . I live at Henry Cottage, Yalden Road, Bermondsey—on the afternoon of 22nd November I was standing on the outside of my father's office at 45; Great Tower Street—it was about 4 o'clock—I saw a van with some tubs of butter in it—I saw the prisoners—Hayday took the first tub of butter out, and was taking another one when Callingham took one also, and both of them went away—they crossed the road, and went up an alley—I followed them—they dropped the butter, and ran in opposite directions—payday was carrying two tubs—he dropped them both—I then followed Callingham, but he could run faster than I could, and he got away—I then came back to Lawrence, and saw him take possession of his butter—I gave a description of the men to the, police—from first to last the men were out of my observation a very few moments—I never saw either of them before—Detective Harding took me to Seething Lane Police-station, where I picked out Hayday from six or seven men.
Cross-examined by MR. FRITH. The other men were similar to Hayday—I said before the Magistrate "It was all done in a minute or so"—I also said that I believed Hayday was the man—that is all I can say, because of the quickness of the transactions—it would not be 3.40, because I had been to a certain place at 8.45, it was nigher 4 o'clock.
Re-examined. I had been to one of my father's customers in Mark Lane at 3. 45—I gave a better description of Callingham to the police, because that was the man I followed.
HENRY SMITH . I live at 45, Exmouth Street, Hoxton—I am employed by Mr. Richard Newman, of Catherine Court, Tower Hill—on Monday, 22nd November, I was standing alongside my van on Tower Hill between 9 and 4 o'clock—I saw Hayday alongside the tea ware-house; he was carrying two tubs of butter on his head—another man was behind him with another tub of butter, I did not recognise him—as they turned the corner I heard one of them say "Drop it"—then they pitched the tubs down, and one went one way and the other another—I picked up the butter, and handed it to Lawrence—I have seen Hayday before.
Cross-examined by MR. FRITH. I cannot say it was a little after 3 when I saw them, it might have been—I gave my evidence at the police-court on a second occasion—my van was not two yards from me—Hayday had a pea-jacket on; I am certain of it—whatever was done was done quickly.
GEORGE ROBBETS (Policeman H 68). I took Hayday into custody on 2nd December, in Weaver Street, Bethnal Green—I said "You will be charged with stealing butter"—he said "I know nothing about it"—I took him to the Seething Lane Police-station; he said Last Monday I was at Great Scotland Yard between 1 and 3 o'clock; I know nothing about it."
my custody on this charge on 1st December near Seething Lane Policestation by Good, the foreman—he said "I was let into it by a man named Hayday, but I do not know where he lives."
Cross-examined by MR. FRITH. I did not know he had been locked in a room with the foreman before he made that statement—the foreman did not tell me he had been in his custody several hours—he was given into my custody in Great Tower Street, at the mouth of the station, about 9.30, as I was passing on duty—I do not know when the foreman first saw him.
Callingham's Statement before the Magistrate. "I plead guilty to having had one tub of butter on my shoulder." Hay day's Statement was, "I am not guilty. I reserve my defence."
Witnesses for Mayday.
JOHN WARD . I live at 25, Angus Street, New Cross—I am a conductor in the service of the London Tramways Company—I applied for a licence on 26th November—I went to the police-court last Wednesday, when I applied for my licence I saw Hayday there; I had some conversation with him—it was about 3.20; I did not remain in conversation above two minutes; he only asked me one question—a good many were waiting for licences; I did not get mine—I have no doubt of his being there—this paper (produced) is like the licence—I gave evidence at the police-court, and was bound Over.
Cross-examined. I did not know him before; he stood behind me waiting—I was only in the office about five minutes altogether—I did not see him till he turned to come back; then he asked me a question—I spoke to no other man—I spoke to the man who gave me my licence—I know the time; I had my watch—I was at Charing Cross at 3.15, and I hurried on—I looked at my watch at Scotland Yard to see how long I had been going down there.
Re-examined. I am an old soldier, and accustomed to be punctual—Hayday was dressed in a brown coat and felt hat—I am sure he had not a pea-jacket; it was the same coat he has on now.
JOHN HAYDAY . I am the prisoner's father—I have been for 23 years a licensed cabman—all his life my son has borne a respectable character—I recollect his applying for a licence, and very pleased he was that he got it—he wont to his employment at once—he was admitted to bail by the Magistrate, and surrendered this morning—he wore corduroy trousers, a brown coat, and felt hat; I have never seen him in a pea-jacket.
CALLINGHAM— GUILTY . * He also PLEADED GUILTY to a conviction for felony at the Thames Police-court in October last.— Judgment Respited. >
HAYDAY— NOT GUILTY .
MR. PURCELL Prosecuted.
HENRY WILLIAMS . I live at 15, Victoria Road, Stoke Newington—on 12th October, about 9 p.m., I left my house, having been the doors and windows securely fastened—I returned about 12.30, letting myself in with a key—I found the breakfast-room open; I went to in my bedroom for my life-preserver; it was gone—I afterwards missed my coat from the stand in the hall, also some other articles—I found the front area
door wide open—I entered the house by the front door—this is the life-preserver (produced)—I have had it for some years; it hung at the corner of my bed—all these articles produced are my property—I gave information to the police the following morning.
LUCY NEWPORT . I am a servant of Mr. Bailey, of 16, Summerford Grove, Stoke Newington—his house was broken into on the 24th October, again on the 2nd November, and again on the 8th November—on the morning of the 9th I found a life-preserver outside the scullery window attached to the house, covered by a water-butt—Oliver was apprehended there—Summerford Grove is about five minutes' walk from Victoria Grove.
Cross-examined by Seymour. The life-preserver could not have been there from the time of the second robbery, because I had cleaned the window.
ALFRED MORAN . I am an assistant to Mr. James Bussell, pawnbroker, of 10, Shoreditch—I produce a coat and four plated ash trays, pledged for 10s., on 18th October, by Seymour, in the name of John Foley.
Cross-examined by Seymour. I asked you your address and whose property it was—you said it was your sister's—you did not say you purchased them the same morning.
ROBERT WELLS . I am assistant to Mr. George Wells, pawnbroker, of 13 and 14, Duncan Place, Hackney—I produce a coat pledged on the 15th of October for 4s., in the name of John Walls—I do not know who by.
MICHAEL DEANE (Policeman N 177). I took Seymour in charge at a coffee-shop in consequence of information I received, with a lad named Merritt, who was afterwards discharged at the police-court—I said "I am a police-officer; I shall take you into custody for entering the dwelling-house 16, Summerford Grove"—I searched him at the station and found five purses, one locket, a chain, a knife, 2 1/2 d. in bronze, a meerschaum pipe, three pencil cases, two suits of clothes, and twenty-six pawn tickets—some of the tickets relate to the property produced—at the station Seymour said "This boy knows nothing about it, I met him in the street and asked him to have a cup of tea"—Mr. Bailey identified the clothes Seymour was wearing, boots, top coat and all—on the 10th November, in the passage to the Court, he said "I am sorry I have not given my proper name, Frank Foley, if I had given Seymour I should have been an alias."
Cross-examined by Seymour. The name of Foley was on the tickets, but I did not speak to you about it—I did not converse with you, you made a voluntary statement.
WILLIAM JAMES BAILEY . I live at 16, Summerford Grove—my house was broken into on the 25th October and on the 2nd and 8th November—a quantity of clothing was stolen—the sealskin hat and waistcoat, overcoat and gloves, trousers, dress, purse, and opera glasses are mine and my son's—some of the pawn-tickets produced relate to my property.
ALFRED MORAN . I am assistant to Mr. Russell, pawnbroker—I produce an opera glass pawned on the 26th October for 2s., in the name of John Foley; also a handkerchief pawned on the 9th November, in the name of John Foley for 1s., 6d.,—I recognise Seymour.
Cross-examined by Seymour. Mr. Williams went out about 9 o'clock in the morning—he came home about 12 p.m., I believe—I was then in bed and did not see him—he is single—he comes home by himself at night so far as I know.
CATHERINE HUMPHREYS (Re-examined). Mr. Williams came home to tea and went out again—I bolted the doors when it began to get dark—I went to bed about 11.30—I am sure I did not leave the area door open; it opens from the inside, not from the street—I have been in Mr. Williams's service about nine months—I do not remember a Mr. Heath coming to do repairs.
HENRY WILLIAMS (Re-examined by the Prisoner). I have employed a Mr. Heath to do repairs; he is a slater—I do not always go out in the evening—Heath got into trouble—he has not worked for me for a twelvemonth.
Seymour's Defence. Heath may have found out Mr. Williams's habit of going out in the evening. I buy pawn-tickets and various articles. Some of these things were pawned by men and some by women. I bought the coat and dress of Mr. Heath and I pawned them.
SEYMOUR— GUILTY . ** Five Years' Penal Servitude.
OLIVER— NOT GUILTY . (See page 174.)
MR. PURCELL Prosecuted; MR. FULTON Defended.
WILLIAM MOLE, JUNIOUR . I live at 138, Rodney Road, Old Kent Road—I am a veterinary surgeon—the prisoner was employed by me among other things to collect accounts—2l. 15s. was due to me from Mr. Sinclair—there was a dispute about it; I told the prisoner it would be settled by a County Court summons as to whether my man lamed the pony—this
receipt dated 22nd May, "To amount of account rendered, 2l. 15s. Received of Mr. George Sinclair 1l. 7s, 6d., in full discharge of all accounts to date," is not signed by me—I did not authorise the prisoner to sign it—ha has not paid it me.
Cross-examined by MR. FULTON. All the writing in the document is the same—it is a close imitation of my father's writing—it is not the prisoner's usual handwriting—he has been in my service from November, 1879—his duties were to post the books and collect moneys—I paid him on the Saturday at the rate of 5s. per day—I kept no accounts—he was not employed every day; there were months when he never came near me (The prisoner wrote upon a piece of paper)—that is not the prisoner's natural writing—I did not enter the amounts I paid him, because he was not my regular servant—I can show you his receipt for money I paid him (producing book); the last entry of 14s. is the sum—I cannot refer to any other—he collected 80l. and kept it—I prosecuted him at the surrey Sessions; the Jury stopped the case—I nave said "I have only instituted the prosecution to protect myself against an action for false imprisonment"—"I did not charge him with forging the receipt—the proceedings at the Surrey Sessions were on the 13th September—I Have the prisoner into custody on the 5th November—I do lot know Why I did not give him into custody on the 21st September when I found out this forgery was committed—I first heard that an action for false imprisonment was going to be brought against me on the Wednesday following the acquittal—he went to Hr. Walters about it, but Mr. Walters would have nothing to do with it—Walters the secretary to a horse insurance company—I knew of the forgery before I heard from Walters about the action for false Imprisonment—I wrote the letter produced because of the annoyance I was put to—the prisoner was in the habit of coming across my large and looking in and leering at the men—I was in an enclosed room—I never intended to bring anything of this kind on, although I had this document (the receipt) in my hand previously—a portion has been torn off (A warder explained that the plain paper was torn of letters a coming to prisoners. The letter was;" 138, Rodney Road—J. B Stowe,—Are you going to defy me again? If so be very careful and mind what you are about; this affair will not be quite so easy to get out of, or leave you opportunity to insult me again. Monday night is your limit time.—William Mole,") There is a previous letter to that; this is it (produced—Mr. Sinclair's name is mentioned—I do ass treat the matter as an account in that letter—the amount is included in the 30l,—the ease was stopped on a technical point.
EDUNDD REID (Detective Policeman). I apprehended the prisoner at Peckham on the 5th November—I told him I was a police officer, and that I had come about a case of forgery, and I showed him this receipt—he said "I did not write that"—I produced this letter and said "You wrote this; they are both written by the same man"—he said "I did not"—said "I shall get an expert to show you did; I see you did write it"—he said "I did"—I said "What did you do with the money?"—he said "I gave it to the old man."
Cross-examined. I took a note of the conversation—I have not got it; I cane away in a hurry, and then found I had not brought it—the prisoner did not say "I did not forge it," but "I did not write it"—I do not remember saying so at the police-court.
Cross-examined. It is not like my writing—if my son says it is I do not agree with him—I cannot say it is the prisoner's writing; I did not see him write it—my son carries on business with me; it is my business—my son paid him—I gave him 14s. one Saturday; it is in the book produced—the account was outstanding with Mr. Sinclair—there was a dispute with him as to whether I had injured one of his horses—Mr. Sinclair's clerk suggested a County Court summons—the prisoner had no business to collect the money—I did not employ him—he was agent—my son directed him—I cannot say what he paid him; I have seen him give him money, but I never interfered—I had difficulties with my son about money sometimes—he disappeared, and I found the money had disappeared with him—I had nothing to do with the prisoner.
NOT GUILTY .
MR. MONTAGU WILLIAMS Prosecuted.
CAROLINE THURSTON ELDER . I live at 172, King's Road, Chelsea—my husband Henry Elder keeps a herbalist's shop; he is paralysed—on 19th November the prisoner and another man came to me; the other man said "I am Mr. Twells, and this man (referring to the prisoner) is Police Sergeant Von Tornow," and that the medicine I had supplied for a young woman was not any good, and that she was ill—I said "If she is ill I have a medical man here; where does she live?"—he said "That is my business," and if I would give him 2l. he would settle the matter—I said "I have not got 2l."—the prisoner then said "This is not the place to do business, I will go inside"—they then both came into a room at the back of the shop—the prisoner said he was Sergeant Von Tornow; he had a warrant to take me, and unless I would present him with some money he should take me at once—I said "On what grounds"—he said "For supplying medicine and doing no good"—he asked for 5l. at first—I eventually gave two half-sovereigns to the man representing Twells—the following day the prisoner called a little before 5 o'clock; I said "Walk inside," and I left him with Mr. Welby, my husband's assistant—after the prisoner had gone the assistant showed me this receipt marked "A"—on the following Monday the prisoner and the man called about 5.40—the man said in the presence of the prisoner "Are you going to satisfy this gentleman?"—I said "What would satisfy him?"—he said "He will want 2l."—I said "He cannot have 2l.; I have not got it"—he said "You must give him what you have got"—I gave him a sovereign; I had not any more—on Tuesday, the 23rd, the prisoner came by himself, about 5.30—he said "Could I speak to you?"—I said "No, you cannot, I am now engaged with my husband"—on the 22nd I had seen the other man give Welby the receipt marked "C"—he signed it at my table.
WILLIAM MONTAGU HALL WELBY . I carry on Mr. Elder's business in consequence of the state of his health—on Saturday, 13th November, I was in the shop; I saw the prisoner with another man, who said his sister had had some medicine which had made her ill, and that the police constable had the matter in hand, but if I could make it up with him
nothing more would be said about it—I and the prisoner then left the room, leaving the other man and Mr. Elder together—in a few minutes we came back—the man whose name I afterwards heard was Twells asked Mrs. Elder for 3l. to make up the matter—she said she would give him 2l.—she paid him 1l. that night, and promised to give him the rest the following Monday—she also gave the prisoner 5s.—he then wrote the guarantee marked "C"—on Saturday, the 20th, the prisoner called with a woman, and gave me the paper marked "A" (another receipt)—I took it down to Mrs. Elder—he signed it "Sergeant Von Turnow" in my presence.
CHARLES VON TORNOW . I am an inspector of police—I was for some time a sergeant—I know no other Sergeant Von Tornow in the police—the receipt marked "A" is not signed by me, nor with my authority—I have no knowledge of it whatever—the prisoner's face seems familiar to me.
Cross-examined by the Prisoner. I cannot say why your face is familiar to me, but I have seen you before—the receipt is spelt "Turnow," not "Tornow."
WALTER ANDREWS (Police Inspector T). After the charge was taken on 25th November the prisoner made a statement, which I took down in writing as follows: "Miss Pool, Market Street, Edgeware Road, I do not know the number, was sold a bottle of medicine by Mrs. Elder at the cost of one guinea to procure abortion. I can bring the bottle, and might be able to bring a few more persons. It would be rather a long case no doubt. I would rather not say any more now—she will learn more in the morning, and as the news will reach Paddington in the morning they will know all about it. I decline to supply any more information on the subject."
Prisoner's Defence. I have taken it all upon my own shoulders. I have given all the information I could for the apprehension of the other man and the woman that obtained the medicine. When I went in the shop I was intoxicated; I deny signing the receipt. I was in the shop at the time it was drawn, and Twells was in the counting-room.
GUILTY . * He also PLEADED GUILTY to a conviction of felony in October, 1879, at Clerkenwell, in the name of John Robson.— Two Years' Imprisonment.
OLD COURT.—Wednesday, December 15th, 1880.
Before Mr. Justice Stephen.
124. MARIA GLENVILLE LAWS (22) PLEADED GUILTY to feloniously sending a threatening letter to Thomas Patterson Morgan, demanding money with menaces without any reasonable or probable cause.— Twelve Months' Imprisonment.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GEOHEGHAN
defended Barrett and Howard; and MR. THORNE COLE Johnson.
Road—I formerly kept the Lord Nelson beerhouse, West India Dock Road, for about two years—I gave up possession on 2nd November—on Monday night, 8th November, I went with my brother to the Cambridge Music Hall—we left there, I believe, after 11 o'clock, and went to the Commercial Tavern, Commercial Street, about 11.16 p.m.—we were perfectly sober—we went right through the bar into the private lobby; there were two strangers there—we had some whisky, and as we were about to leave, two women were sitting in the public bar; one of them asked me to treat her; I ordered some drink, and she took it; the other refused—I pulled out 7l. or 8l. in gold, and 2l. in silver, and put down 1s. to pay for the drink, which came to 3d., and put the other money back in my pocket—there were a lot of people there; I could not say who they were—I bade the woman good night, and as soon as I had placed the money in my pocket I received a terrific blow on the right side of my head with a short, thick stick; it like stunned me; it went through my hat, and my hat fell on the floor—Barrett was the man that struck me—I did not fall, I merely staggered; the blood ran down my neck—I stooped down to pick up my hat, and I received another blow at the top of my head, which sent me on my knees—I could not see who inflicted that blow; it seemed as if it was from the same stick—the blood flowed from that blow—before I could recover myself I was seized by the throat by Howard—they drifted me right up in the corner; those throe and several more, and Johnson struck me with something, I don't know whether it was a stick or what it was—they tore all the buttons off my waistcoat and coat, tore my overcoat open, and shamefully beat me—they were saving "Pay him," put I could not say who it was—I was on the ground for three or four minutes—it was impossible for me to see where Johnson struck me, because I had my hands ever my face, and they were kicking me, and very nigh broke the tops of my fingers—I then got from them, and ran back to the private lobby, and said "Now, you stop beating me, or I will fire," and I called out "Police! Murder!"—the three prisoners followed me, and others besides—I had a revolver in my trousers pocket; I took it out when I went back to the lobby, and told them to stop beating me—I then had four or five wounds on the top of my head, and one on the temple, and you could not discern my features for blood; it was all over me—Howard said "Pay him, it is only loaded with peas"—they were still coming towards me to continue this, with sticks and water-bottles, and one thing or another—Johnson had a broken water-bottle, and the others had sticks—I then fired at Barrett—I only fired one shot—Goodwin, the constable, then came in and took me by the arm—somebody took the revolver from me—the constable pushed me through the passage leading to the bar-parlour—I then heard the report of firearms—the landlady opened tile flap of the counter and took me on the other side of the bar and laid me on the floor—my brother was halloaing out "Police! Murder!"—at that time we were both behind the bar for protection, and these men and others were getting on the counter and trying to jump over, throwing things, and going on like mad people—while the constable had hold of me somebody struck me a most terrific blow on the head—I could not see who did that—I heard three more shots fired, five altogether—I did not see any revolver but my own—I have since learnt that the names of the two women are Smith and Payne—smith was the one I treated—I had seen Barrett once or twice before,
I never spoke to him—the other two were perfect strangers—I have seen Smith two or three times, and spoken to her—I never passed any tune in her company—I was asked at the station about the revolver—I said it was not mine; that was not true—I had my wounds dressed by a surgeon at the station—I could not say that I lost any money, I lost my hat—I am not in the habit of carrying a revolver in my pocket—I bought it a little after last Christmas of a seaman that used my house, the Lord Nelson—I had three diamond rings on my left hand, and when I was on the floor and they were beating me, there was a man in brown trousers; I could not distinguish his features, and they were trying to take my rings off, and the tips of my fingers are all bruised—they did not take the rings—this is my revolver (produced)—it has six chambers; all six were loaded—when I saw it at the station four were loaded.
Cross-examined by MR. GEOHEGHAN. I mentioned before the Magistrate about the man trying to take off my rings, and about Johnson holding the water-bottle in his hand, and I think I heard it read over—I had the revolver in my trousers-pocket behind, in a pockethandkerchief-pocket, where I carry my cigar-case as a rule—I have been in America; I have seen such pockets there—I can't say whether they carry revolvers in them—my trousers were made in London; I bought them ready made—I had no conversation with Barrett before he struck me—I told the inspector that the revolver belonged to Barrett.
By the COURT. I said that, because there was so much perjury being committed by these men that they would have actually been discharged and have kept us; they declared that it was my brother's revolver, then that it was mine—I mean to say that I told a wilful lie in order to throw suspicion on them, because they were telling lies to throw suspicion on us—the woman said it was my brother who fired the shot.
By MR. GEOHEGHAN. I did not recognise the woman Smith when I went into the public-house. I did when she spoke to me—I last saw her about three years ago—I was never in her company more than two or three minutes at a time, for two or it might be three times; I never lived with her; it is about three years ago since I was in Barrett's company—I was never in a bagatelle room with him—I remember Inspector Abel asking me if I knew the prisoners—I said "No" and Barrett said "Oh, yes he does; he and I have had transactions"—that is not true—I was never known as "Flash Jemmy Gill"—I dare say I was called so many years ago; I dare say it is three years ago; when t returned from America my clothes were very conspicuous, and a man said "There is a flash little Jemmy," but I never passed by that name—I had six months for an assault three years ago; I was charged with attempting to rescue a prisoner, a man who got penal servitude—I did not commit any assault, but I was punished for it—I am not in the habit of carrying a revolver; it was loaded when I bought it; I was in the habit of keeping it under my pillow, to protect me from burglars—I put it in my overcoat through changing my residence on the 2nd; I did not know that I had it in my pocket till I was going up the tram steps—I slept at my mother's on the Sunday night—I did not toll her or my brother that I had a revolver—it is not true that when I was at the public-house I said to Barrett "Hallo, Johnny, will you have a drink?" nor did he say "No, I don't want anything to drink with you, Jemmy; in fact, I don't want you in my company at all"—I did not say "Why?"
nor did he reply "Because you are no good;" it is all untrue; I did not then say "If you say that again I will give you a punch of the nose"—he did not then strike me in the face with his fist, and I did not then put my hand behind, take out my revolver, and fire at him—I only fired one shot; two chambers of the revolver were empty—I should fancy Barrett was about seven yards from me when I fired—the woman Payne charged me at the station with shooting her—my solicitor offered to make her a compensation, with my sanction.
Cross-examined by MR. COLE. I swear I did not fire two shots in quick succession—I was about two hours at the Cambridge Music Hall with my brother before going to this public-house—I said at the police-court that I did not lose any thing; I had about 9l.; I also said "There were about ten people devouring me."
Re-examined. On the first occasion at Worship Street I was brought up with the three prisoners, and was remanded and sent to gaol for a week, and on the remand I went from the dock into the witness box and made my statement and was bailed—I mentioned about the rings before the Grand Jury.
By the COURT. There was no reason whatever for these people attacking me—it was done so momentary it could not have taken above two or three minutes before there was blood and sticks all over the place—there was no time for any argument—Barrett first hit me and they all seemed to follow—I was not robbed—there was nothing to prevent them getting at my pocket, if so minded.
WILLIAM ANDREW GILL . I live at 20, Baltic Street, St. Luke's, and am a beerhouse keeper—on Monday, 8th Nov., I went with my brother James from my house to the Cambridge Music Hall—we left there about 11.10 and went to the Commercial Tavern—we were quite sober—I saw two gentlemen in the private side—we had some whisky—as we were leaving I saw two females sitting by the door, I think one of them pulled my brother's coat, anyhow she asked if he was not going to treat her—he said yes, and she had something at the bar—I went outside—he said he was coming—I returned in about 30 seconds and asked my brother rather sharply, if he was not coming—he said nothing—I saw blood running; from his temple—I asked him who had done it—he said "This vagabond" or "This villain"—the bar seemed tolerably full of people—I said "You are no men, this is cowardism"—Barrett then hit me in the mouth with something very hard—I did not see what it was—it was a very severe blow, it loosened all my teeth and cut my mouth, it bled very much—there was then a general rush of about 10 or 12 men—they held us in the corner by the door—I extricated myself and ran out and called "Police! murder!" about four times; a policeman came, I followed him in, and Howard hit me on the head with a piece of iron, I have the scar now—it sent me staggering back near the door, but I did not fall, and the man himself appeared to go up in the air—I bled very much—that was followed up by sundry blows from behind—there was a general tussle in the passage, and eventually Johnson hit me a violent blow across the nose and said "This is the b—we want to pay"—I heard two reports after the constable came in—I had no idea that my brother had a revolver—I had never seen it before that night—when I went in with the constable, my brother was on the floor—it seemed directly we went in that I heard the reports; there was one report, and as I walked on, another one in just a
few seconds—after that I saw the constable have hold of my brother's arm—Barrett wrenched a pistol from the constable's hand, at the same time Johnson hit me the severe blow on the nose, I do not know what with, I was rendered almost insensible—some other constables came in and the doors were closed—I saw Barrett in the custody of one of the police—after I had collected myself behind the bar a few seconds, I pointed out Howard and Johnson—while the constable had hold of my brother he was struck and knocked senseless on the floor—we all went across to the police-station, and my head was dressed—the prisoners were charged with assaulting and wounding my brother, and I and my brother were charged with wounding the woman Payne—the girl Smith, when asked to give her version of the matter, said "He fired one shot, and he the other," pointing to me and my brother—while Johnson was in the dock he said "When I get out of this, if I know your whereabouts, I will give you a bit of lead, so help me God"—I never saw either of the prisoners before this night, or the two women; they were all strangers to me—I did not hear any conversation between my brother and any man in the place—it must have been very short if there was any, for it was all done under a minute, that I am sure of, we were not in the house five minutes—I never heard my brother address Barrett as Johnny, or any conversation at all.
Cross-examined by MR. GEOHEGHAN. I left the house just as my brother was picking up the change that he had paid for Smith's drink with—I did not particularly notice any of the prisoners then—I saw Barrett among a crowd of men at the bar, in the same compartment as my brother, and close to him—I was outside just sufficient time to put on one glove and button it, and then I turned round and opened the swing door, and said "James, are you not coming?"—I did not hear a shot fired while I was outside—directly I went inside I saw my brother stooping down and his forehead bleeding—there was no attack taking place then, not continually, it was so momentarily done—Johnson had not got him by the throat at that time—I never heard my brother mention the purchase of a revolver—we were very intimate—I have seen him four or five times a week for these two and a half years, and I have been at his house three or four times a day—he never told me that he slept with a loaded revolver under his pillow—I did not know that he had such a thing on his person, or I should not have felt inclined to go out with him—I did not know that he had been convicted—I have heard it since, of an assault—at the time Johnson made the remark at the station, I should think there must have been close on 50 police and others there—I did not take the least notice of what the prisoners were saying, I was too much cut up—I heard Johnson nay that his name was Timothy Nevershake, and that he lived at Boston, Lincolnshire.
WILLIAM GODFREY . I am a barman at the Commercial Tavern—I was serving there on Monday night, 8th November, about 11.25; I saw the Gills come into the lobby—I did not know them before; they appeared to be sober—I served them with two threepenny worths of whisky hot; they drank it and made their way out from the lobby—I then saw James Gill come up to the counter with a female; he treated her to some whisky—at that time I saw a number of people standing there close together, the three prisoners among them; Gill and Barrett were very close together; Barrett had a stick in his hand—I did not know the
prisoners before—I turned to serve somebody, and shortly afterwards I saw James Gill bleeding from the head—I had not heard or seen anything done before that—the next thing I saw was the three prisoners had him up in a corner beating him with sticks; they were middling blows, I should think as hard as they could; they did not say anything—I jumped over the counter to stop the noise, but I was useless, there were so many—there were only these three beating him, but there were others standing by; they did not interfere; I halloed to them; that was all I could do—I then saw James Gill fire a shot; I did not see where he took the revolver from; I saw it in his right hand—I did not hear him say anything before he fired; he pointed it at Barrett—Gill's face was bleeding very much at the time—I should say he was about three or four feet from Barrett when he fired—he fired two shots to my knowledge; I saw two shots fired by him—I don't know at whom he fired the second; I was behind him—there was a few minutes between the shots, or a few moments—people were rushing to get out of the way—the prisoners stood over him a bit, and then he ran away into the corner and made his way to the lobby door, and stood there, holding the pistol up, and said, "Stand back, or I will fire"—he had only fired one shot then, and a moment after saying that he fired the second—there were cries of "Murder;" the people in the bar were very excited, and made their nearest way out—when he fired the second shot the three prisoners all rushed into the lobby at him, and I heard three shots fired after that; I do not know who fired those; I was then on the stairs—I heard a smashing of glass and cries of "Police;" when I returned to the bar I saw some broken glass and a broken water-bottle; I did not see how it was broken, it was done in the mischief—the prisoners were not sober; I should say Barrett and Howard were half drank; Johnson I never noticed so much; I had spoken to Howard before the Gills came in, and told him to make less noise—after they were all gone to the station I found this small stick on the floor inside the bar; I gave it to one of the constables.
Cross-examined by MR. GEOHEGHAN. I found no bar of iron or any revolvers—there was a lot of broken glass inside the bar where James Gill was brought in by the policeman—I heard James Gill and Barrett speak to each other; I could not hear what they said; it was after that that I saw Gill's head bleeding—it is not correct to say that 10 or 12 people were beating him—the first shot was fired in the private bar, where he treated the female; it was when the prisoners were following him up that he fired the second shot.
WILLIAM TAYLOR . I am a barman at the Commercial Tavern—I was serving there on Monday night, 8th November, at 11.80; I saw the prisoners standing in front of the private bar talking about fighting; Howard said he would fight the best man that ever breathed, fight fair; I did not hear Barrett or Johnson say anything; they were laughing and talking; Godfrey told them to be quiet—after that I saw the two Gills come in; I saw them served with some whisky—I saw them going out, and one of the girls caught hold of Gill's arm, and he treated her—I then went across to the other side of the bar to serve some customers there, and the next I heard was the sound of blows, and I saw Godfrey getting over the counter; I went to follow him; I stood on the counter, and the landlady cabled me back—I saw the three prisoners beating Gill
on the head in the corner with short sticks or pieces of iron, I don't know which; he was bleeding from the forehead—I then heard a report from the revolver; I could not see who had it; the three prisoners were on him; I saw the smoke come from the centre of them; they were in the corner, standing all round him, against the bar door; when the shot was fired they drew back, and I saw Barrett put his hand into his right-hand coat pocket and take a revolver or pistol out—Gill west to run into the private lobby, and he was followed up by Barrett; Gill turned against the door, and the two revolvers were pointed at each other, and one of them fired, but they were so close together I could not say which—I then looked over the next partition, and I saw Howard with one in his hand; I could not say where he got it from—the prisoners still kept pushing Gill into the lobby, and I heard two more shots, or hits or blows; I could not say which, or from whom—a constable then came in—I saw William Gill come in at the door when the first shot was fired—the constable pulled James Gill along the passage from the bat to the bar-parlour, and while he had hold of him I heard another shot in the passage; I could not say who fired that; the bar flap was then opened, and James Gill was pulled through into the bar, and as he was pulled through one of the prisoners hit him on the head with a stick, and he and the constable both fell; William Gill then came in, and the landlady shut down the flap—Barrett then tried to jump over the counter; I prevented him, and pushed him back—he said, "That is the one that I want, I will do for him, "pointing to James Gill—Barrett still had the revolver in his hand, and he said if I did not stand back he would serve me the same—he then seized a large water-bottle that was standing on the counter and was going to throw it at Gill, and the landlady snatched it away from him—other constables came in, and they were takes to the station.
Cross-examined by MR. GEOHEGHAN. There are glass screens along the counter, about 18 or 20 inches high—I am not sure whether it was a pistol or a revolver that Barrett had in his hand; it was something black—Gill must have seen it, it was quite close to him—we were all very excited, and there was great noise and confusion—I saw some short sticks; I could not tell whether they were sticks or iron.
Cross-examined by MR. COLE. There were eight or nine people standing together, I could not say how many—the place was full.
JOHN BLACK . I am a basket-maker in Windsor Street, Bishopsgate—on 8th November I was in the Commercial Tavern; I met a man there I knew, named Wakefield—I called for some ale and went into the lavatory, and while there I heard two sharp reports at if from a revolver, in quick succession—I came out into the passage, and heard another report—I saw a scuffle with three or four men, and James Gill with a revolver in his left hand, the barrel hanging? down—he was bleeding from the right temple—I seized the barrel, it was warm; another man came up, put a revolver at my face, and said "God blind me, if you don't let him go I will shoot you"—I cannot say who that man was—I then let Gill go—I saw a policeman there—I saw another man with a stick like this in his hand, but it was longer then than it is now; I believe that man was Howard—I went bad to the compartment I had left, and saw a constable with a man on the floor behind the bar, kneeling on him; previous to that I heard another report—I
saw William Gill bleeding from the temple—I heard four reports altogether—I went over to the station and there heard Howard say to the doctor "Don't strap his head up, God blind me, poison him."
Cross-examined by MR. GEOHEGHAN. There were a good many people at the station, and a little confusion—Howard did not say "He will poison you"—I am quite sure about the words—the whole affair in the public-house did not last five minutes—all the parties were strangers to me.
FRANK WAKEFIELD . I live at 131, Clifton Street—on 8th November I went to the tavern about 10 o'clock, and remained till the finish of the disturbance—I knew nothing of any of the parties—I saw Barrett and Howard there, and afterwards Johnson—Barrett had a short stick in his hand, with a knob to it—the prisoners were drinking and they had two females with them—Howard seemed to be the worse for liquor—he wanted to fight anybody, bar none—I saw the Gills come in and served with two drops of whisky; they were in a different box to the prisoners—as the Gills turned out at the door, I went into the lavatory; while there I heard a noise, and then as I got to the door I heard two shots—I went into the private bar and saw Gill with a pistol in his hand; he was bleeding all over the head—I looked through into the bar and saw them beating Gill about with sticks; he had the revolver in his hand—I was frightened at the revolver and went to the back again, and while there I heard some more shots; I can't say how many, I can swear to two more; I think there were more—I then went back; I saw the heads of both the Gills covered with blood; they were behind the bar——I called out "Shut all the doors;" the police rushed in and the prisoners were taken to the station—I there heard Howard say that if he had got hold of the pistol, or if he had a pistol, he would have put some lead into the younger Gill—Johnson was asked his name, and he said "Timothy Nevershake," and that he lived at some number in Cheapside, Boston, Lincolnshire; he said "You go there, and very likely you will find some more bullets or cartridges to fit the pistol."
Cross-examined by MR. GEOHEGHAN. I will not swear that his words were not "I took the revolver from the constable and would have put it into him if I had had the chance, for carrying such a weapon."
JANE BLUMSEN . I am the wife of James Blumsen, proprietor of the Commercial Tavern—I was there on the Monday night, the 6th November, and saw the three prisoners there; they were making a noise and knocking on the counter, saying they would fight anybody, and Godfrey told them to be quiet—I saw the Gills come in—they had some drink, and I saw them go out—I was serving at the other side—I heard a noise, and heard the report of a pistol—I heard one or two reports, I am not sure which—I then looked under the screen of the counter and saw James Gill bleeding from the forehead and Barrett hitting him with a stick—I ran to the other bar and saw the prisoners making their way under the counter to the next bar—they were all scrambling through—I saw Howard with a pistol in his hand—I ran into the passage and saw Barrett fire a pistol which he had in his hand, I saw smoke coming from it—he pointed it to Gill—I then saw a constable take hold of Gill and drag him through into the bar—I shut down the flap—William Gill came and asked me to let him in; he said "I shall be killed," and I let him through the same flap—he was bleeding from the forehead at the time—the prisoners got into the next box, and I
saw Barrett lift the water bottle up, and I pulled it from him—the other policemen came in, and I pointed out Barrett and Howard to them—there was a great deal of noise and confusion, and shouting and screaming—most of the people ran out of the house.
Cross-examined by MR. GEOHEGHAN. I did not notice the pistol in Gill's hand, for Barrett was fronting him—they were two or three feet apart I did not see him with a short stick.
JOHN FINNIGAN . I am a labourer, of 2, Vine Court—I was in the Commercial Tavern on this night, and heard a noise in the next compartment—I ran out and saw William Gill standing outside screaming "Police," with his forehead cut—he came back into the compartment—I then saw James Gill on the ground and a lot of men ever him, punching him—Barrett and Howard were two of them—Johnson was along with William Gill—he had a stick in his hand like this (produced)—I saw Barrett rush away from Gill and shove his hand to the breast of his coat—neither of the prisoners spoke to me—I heard a sound like two shots in quick succession—I went over to the police-station, and as I came back I heard a third shot—the police then had the prisoners behind the door.
Cross-examined by MR. GEOHEGHAN. When I first heard the reports I thought they were blows of sticks against the partition—I am almost certain they were shots.
FRANK GOODWIN (Policeman H R 5). On this night I was on reserve duty at the Commercial Street Police-station, which is about 30 yards from the tavern—I heard cries of "Police!" and ran out into the street, and I heard one report of a firearm proceeding from the tavern—I went across to the door, and then heard another report inside—I went inside and then saw James Gill with a revolver in his right hand, pointing in the direction of the door at which I entered; smoke was coming from the revolver—he was bleeding from a wound in the forehead—I caught hold of his right hand with my left—Howard directly came and wrenched the pistol out of my hand—I immediately heard another report of fire-arms behind me, and I was struck on the right hand with something which knocked a piece of skin off the knuckle of the hand with which I had hold of Gill's throat—Howard ran out of the bar into the street—I took Gill along the passage and Johnson came behind and struck him over my shoulder on the head with a short stick, which caused him to fall, and I fell upon him—when I got up I saw Barrett; he said "Where is the b—? I will give him something"—I said "That will do, I have the man in custody"—they were all taken to the station—after the charge was taken Barrett was asked what he had to say, and he made this statement, which I took down: "I went in the public-house, when he (James Gill) came in and asked me to have a drink; I said "No, you and me ain't friendly;' he said 'I will soon show you,' and he put his hand behind and pulled out a revolver and fired at everybody in the house"—Johnson said "I corroborate what my little friend says, and if you go down to my address, Boston, Lincolnshire, you will find some more slugs the same as some more people tried to put into us"—Howard said "I took the revolver from the constable and would have put it into him (referring to James Gill) if I had a chance, for carrying such a weapon, but it might have gone off while I had it in my hand"—Howard made some remark to Gill, and he replied "Yes, you swines, I would have used it more upon you"—the woman Payne came to the station and said she had been
shot—I said "How many shots did you hear fired?" she said "Three"—the surgeon dressed my knuckle at the station.
Cross-examined by MR. GEOHEGHAN. I met the three prisoners outside the public-house, and Howard said, "For God's sake, constable, go in there; there is a man shooting everybody"—I heard the report before I entered the folding-doors—James Gill had been drinking, but he knew perfectly well what he was about; I thought he was more excited than drunk—Howard caught hold of my hand with the revolver; Gill was struggling to retain it—altogether I heard three reports.
PAUL HOLMAR (Policeman H 151). On the night of the 8th November, between 11 and 12, I was going along Commercial Street and heard two reports and cries of "Police" from the Commercial Tavern—I went to the door; Finnigan let me in, and I saw Barrett with a water-bottle in his hand, with his arm raised about to throw it at James Gill, who was then behind the bar lying down, and Goodwin over him—I seized hold of Barrett, and the landlady took the bottle from him—Johnson had a piece of iron in his hand about half a yard long, bent in the middle—Howard had a revolver in his hand; he went out in the street; I went after him and said, "I am a police-constable, give that revolver to me;" he did so, and I produce it now—I went back to the tavern and took Barrett to the station—I heard Johnson say there that he lived at "Cheapside, Boston, Lincolnshire," and if we went there we should find some bullets like those in the revolver—I searched Barrett, but found nothing on him.
Cross-examined by MR. GEOHEGHAN. Barrett made no resistance—he went quietly to the station—he said "You will apologist to me when you hear I am the man who has been shot at;" I heard two shots fired, at a few seconds interval.
CHARLES ORR . I am a musician, and live at 4, Little Pearl Street; I was in the Commercial Tavern; I heard a great confusion and noise, and after I heard a shot fired, and then another; I heard four altogether—after the fourth I saw James Gill come behind the bar bleeding from the temple—there were about nine or ten people there altogether—I then ran out and saw three men come out of the private compartment—one of them had a revolver in his hand; it was neither of the prisoners—I do not know who it was—he passed it to Howard—they then went into the same compartment, when I heard the fourth shot fired there—I will not swear that it was not Holmar that took the revolver from the man.
GEORGE ABEL (Police Inspector). On the night of the 8th November I saw the prisoners and Gill at the station and took the charge—I asked James Gill if he knew the others, pointing to the three prisoners who were then in the dock—he said "No, I do not"—Barrett said "Yes, he does, I have had transactions with him before, and because I would not drink with him he took a revolver from a pocket behind and fired, and I thought I was shot"—Johnson said, "Yes, I can corroborate what my friend says"—I asked Goodwin where he first saw the revolver—he said he first saw it in the hands of Gill, and smoke was issuing from the muzzle, and he took it away from Gill, and Howard immediately snatched it away, and he heard a report, and found that he was struck in the hand—Howard said, "I took the revolver from the constable, and it might have gone off while it was in my hand; I would have let the fellow had it if I had had a chance, for carrying such a thing"—I asked
in a general way who the revolver belonged to—all the three prisoners said, "It belongs to that fellow," pointing to Gill—I said to Gill, "They say the revolver belongs to you"—he said, "No, it is not mine; the first I saw of it was in that man's hand," pointing to Barrett—I examined the revolver, and found that four of the chambers were loaded, and two had been recently fired—I searched them all, and found no cartridges on any—Barrett gave his address as the Victoria Pier House, City Road—Howard gave the same address, and said he was a beer retailer, and Johnson gave 9, Cheapside, Boston, Lincolnshire, draper—neither of the prisoners complained of having been injured—both the Gills were Heeding—the surgeon saw them both—afterwards the woman Payne made a charge against Gill—the surgeon saw her.
Cross-examined by MR. GEOHEGHAN. A bullet was handed to me at Worship Street when you appeared as counsel for the prisoners—I did not see Barrett give it you—I have compared that bullet with the one shown to me by Dr. Phillips, who attended the woman Payne, and they are apparently identical.
GEORGE BAXTER PHILLIPS . I live at 2, Spital Square, and am divisional surgeon to the police—on Monday night, the 8th November, I was called to Commercial Street Police-station, and there saw James Gill, and examined him—he had a clean cut wound, with ragged edges on the upper part of his forehead, and a small stab in front, and six or eight bruises on his head—they were apparently just such wounds as would be inflicted with broken glass—they were bleeding—I should say they were all separately inflicted—William Gill had a clean cut wound on his forehead, which was bleeding—it might have been caused by such a stick as this—Goodwin had a small confused wound on his knuckle; it was very slight—it might have been caused by a bullet or anything—I saw the three prisoners there, and they did not complain to me of any injury—I examined the woman Payne, and found a slug between her skin and her chemise which had penetrated through various thicknesses of clothing, and had broken the cane of her corset, and pierced through it—there was a mark on her flesh such as would be caused by a slug penetrating and glancing off.
Cross-examined by MR. GEOHEGHAN. I have compared that slug with the cartridges, they appear to be similar—James Gill had had something to drink—I did not hear Barrett say he had been shot—they were speaking to almost everybody, and who they addressed I could not say.
BARRETT and HOWARD GUILTY of unlawfully wounding. Strongly recommended to mercy on account of the provocation they received by the use of the revolver. BARRETT— Six Weeks' Imprisonment. HOWARD and JOHNSON— One Month's Imprisonment.
MR. RIBTON Prosecuted; MR. MONTAGU WILLIAMS Defended, at the request of the Court.
husband is a cabman—the prisoner and his wife occupied the back room, second floor, I occupied the front room—on the morning of 28th October I was disturbed by hearing the children crying and screaming, and Mrs. Harwood groaning—I went in and saw her kneeling on the floor, I went across to her and held her up; she caught hold of my hand and then she dropped; I could not hold her up any longer—the prisoner was standing by the fire—he said he was sorry for what he had done, he could not bear it any longer, her temper was so great—I said, "Go for a doctor," he said "I will do so"—Mrs. Harwood dropped out of my arms—I called for help and left the room, leaving her quite insensible—she was covered in blood—the prisoner was always a very quiet man in the house this last twelvemonths—I left the room—I only went on the stairs and called for the landlady—a policeman was fetched.
Cross-examined. I have known them over two years—he has always been a very quiet man, you never knew he was in the house unless you saw him—there were five children; he has been a widower, there was a boy eight years old by his first wife—I can't say whether the woman got on well with that boy, I don't know anything about it.
CHARLES BROADWATER . (Policeman E 456). On 28th Oct., about 8 a.m., in consequence of being called I went to 8, Bath Passage, to the back room, second floor—I saw the prisoner there sitting on a chair, and the prosecutrix lying on her back on a mattress on the floor—her face was covered with blood; she was not able to speak; I sent for a doctor—the prisoner said "It is through her insulting tongue that I have done this; I admit I did it; I did it with a flat iron," pointing to this flat iron which I produce.
MARY JANE HARWOOD . I was living at 8, Bath Passage, with my husband, the prisoner—I got up that morning about 7.30; the prisoner was then in bed—shortly after be got up and ill-used me—the first thing I felt was a blow on the back of my head—I felt a second blow; that stunned me, and I recollect nothing more—I cannot tell whether I was bleeding—we had had a few words; it commenced about a penny toy that he had bought for one of the children.
Cross-examined. He bought it the night before, for the little boy three years old, my boy and his—the boy by his former marriage is eight years old—we had had a dispute about that child before this; not on that morning or the night before—he has accused me many times of ill-treating that child; he always took his child's part—there had been no quarrel the night before; I was in bed when he came home.
CHARLES MARSH . I am a surgeon, of 56, Fitzroy Street—on the morning of 28th October I was sent for to 8, Bath Passage, and found the woman lying on a bed on the floor in a state of extreme faint, quite pale, and apparently lifeless, so much so that I thought she was dead—there was blood about her dress and on the bed—I had her removed to her bed on a bedstead, and I dressed her wounds—she had partially recovered—there were several wounds on the head—she went into a state of unconsciousness, a state of concussion of the brain, from which she gradually recovered—there were no fractures; she had seven or eight scalp wounds—the sockets of the teeth of the upper jaw were broken, and some teeth loosened top and bottom; her nose was cut, and she also had another wound just above the bridge of the nose—the nose was split up at the nostril—she lost a quantity of blood from the
wounds, and the blood trickling through the nose made he? vomit blood for some time—these wounds must have been caused by many blows—such an instrument as this flat iron would inflict such wounds—she was under my care until a few days ago, when she went into the infirmary, and she is there now—her life was in danger in the first instance for about a week, from the effect of the fainting and concussion—she subsequently had an attack of erysipelas, which also endangered her life.
Cross-examined. If she had fallen forward on something; sharp it might have split the nostril, but probably not.
GUILTY on Second Count.**— Ten Years' Penal Servitude. He had been twice previously in custody for assaulting his wife.
MR. FILLAN Prosecuted; MR. MONTAGU WILLIAMS Defended. The female for whom the drug was intended, being the only witness to the material facts, and being held to be an accomplice, the Jury, upon the direction of MR. JUSTICE STEPHEN, found the prisoner.
NOT GUILTY .
NEW COURT.—Wednesday, December 15th, 1880.
Before Mr. Recorder.
128. JOHN MASSEY (28), THOMAS TULLY (30), JOHN CLIFTON (28), and JOHN HORNE (30), PLEADED GUILTY to riotously assembling to disturb the peace.— To enter into recognisances to appear and receive judgment when called upon.
JACOBS PLEADED GUILTY .
MR. SMITHIES. Prosecuted.
CHARLES PINNEY . (City Detective). On 21st November I was with Abbott in Harrow Alley, Petticoat Lane, and watched the prisoners for three-quarters of an hour; I saw Jacobs try several gentlemen's pockets'; he then got into conversation with the prosecutor, and followed him about to different stalls—Hayden was covering him the whole time—Jacobs put his left arm on the prosecutor's shoulder and put his right hand in his ticket-pocket and walked away—I did not see what he took—Hayden stood behind him—I took Jacobs; he was very violent; it took three constables to get him to the station.
Cross-examined by Hayden. You were in conversation with Jacobs and never a yard away from him—I saw you try several pockets.
BENJAMIN BISHOP . I am a pawnbroker's assistant at 84A, Whitechapel Road—on the evening of 21st November I was in Petticoat Lane looking at some stalls—the prisoners came up and talked friendly to me, and after I had been in their company some time a constable touched me on the shoulder, and I missed a shilling and about sixpence in copper from the ticket pocket of my overcoat.
dropped some money out of his right hand, and when I opened it a half-penny was in it—I took him to the station.
Cross-examined by Hayden. I did not pick up the money, or I should have lost you—there was a great crowd.
Hayden's Statement before the Magistrate."I do not know Jacobs. I was not in his company a minute when I was taken."
Hayden's Defence. I never saw Jacobs before, and do not know whether I was behind him or not. I know nothing about taking the money.
Both prisoners then PLEADED GUILTY** to previous convictions of felony.— Twelve Months' Imprisonment each.
THIRD COURT.—Wednesday, December 15th, 1880.
Before Mr. Common Serjeant.
MR. STEWART WHITE Prosecuted.
ARTHUR YARDLEY . I live at 42, Stockwell Road—I am a clerk—on the 30th November I was in Cheapside about 2 o'clock—I was looking at the electric ball going down at Bennett's—when the crowd dispersed I missed my watch; it was safe ten minutes before—while I was looking at the shop window Marshall pushed me—I noticed that my chain hung down—I next saw my watch when the officer gave it to me at the police-station—I followed Marshall up Queen Street, and gave him into custody—the value of the watch is about 3l. 10s.
Cross-examined by Marshall. I said it was Thomas at the Mansion House instead of you, but I corrected that—I said it was the last prisoner at the bar, and I did not know Thomas was there.
JOHN DAVIDSON . (City Policeman 849). I was on duty in Cheapside on 30th November, about 1.45—I saw the three prisoners speaking to each other by Stoneham's bookstall in Bucklersbury—I followed them to the corner of Queen Street—they turned round and followed a lady; the prisoner stopped, and turned round again, and all again walked up Cheapside—they stopped at Bennett's where the prosecutor was standing—Covie got on his left side, and Marshall and Thomas immediately behind—Covie crossed his hands, and placed his left hand under the coat of the prosecutor on the left side, while Marshall and Thomas stood behind covering Covie—I next saw all three prisoners leave the prosecutor's side together; Covie and Marshall walked down Cheapside into Queen Street—5 followed, but lost sight of Thomas—I spoke to the prosecutor as he was giving Marshall into the custody of Harmer—in consequence of what he said I took Covie into custody, and said "Where is that watch?"—he said "What watch?" and immediately dropped the watch from his right hand on to the footway, and broke its glass—I saw it leave his hand—I picked it up, and called to Harmer to apprehend Marshall who was walking away hurriedly some yards ahead of Covie, and I took him into custody—I conveyed them to the station—I charged them with being concerned with a man not in custody in stealing a watch from the prosecutor's waistcoat pocket—I had watched the prisoners about 20 minutes—when Marshall and Covie were before the Magistrate in the afternoon, about 4 o'clock, at the Mpnsion House, I saw Thomas standing outside; he had changed his coat and scarf—I said "I am a police
officer; I shall take you into custody, and charge you with being concerned with two others in custody in stealing a gold watch from the person of a gentleman in Cheapside—he said "I have taken no watch" I said "You are wrong, I have known you for the last three months"—he was taken to the station and charged—I am quite certain Thomas was with Marshall and Covie, and Marshall was with Covie up to the time Covie dropped the watch.
ANDREW HARMER . (City Policeman, 592). On the 30th November I was on duty in Queen Street, about 2 o'clock—the prosecutor gave Marshall into my custody for stealing his watch—Marshall said "I have done nothing; I cannot help being poor"—I took him to the station—I saw Covie there.
Covie's Defence. The officer let me get 50 or 60 yards away, and there were plenty of people about.
Marshall's Defence. I was in Cheapside, and there was a lot of traffic I turned round in my own company through was Queen Street.
Thomas's Defence. It is a funny thing not to apprehend me if they saw me. I was not there. The other prisoners are strangers to me. I never did anything wrong.
GUILTY . They also PLEADED GUILTY** to previous convictions of felony.
COVIE— Five Years' Penal Servitude.
MARSHALL and THOMAS— Eighteen Months' Imprisonment each.
MR. PURCELL Prosecuted; MESSRS. KEITH FRITH and LEVY Defended.
ALFRED ERNEST EMDEN . I am member of an amteur swimming club—on the 18th and 19th August last I was acting as secretary in the absence of the ordinary secretary—a competition was to be held at the Surrey County Baths on the 23rd of August—it was the annual entertainment—notice of the competition was given in the usual manner, by advertisement and the usual notices sent of clubs—there were a number of prizes in the competition—on the 19th, 1880. Sir, I enclose entrance fee for another entry for your 100 yards handicap—W. Larner (Middleton Swimming and Atheltic Club). In club races he receives 25 seconds from scratch. I remain, Sir, yours repectfully, H. Green." In consequence of receiving that letter I sent a competitor's ticket to the address it gave—this is one of the tickets (produced)—at the entertainment I was one of the judges—Larner took part in the races—he swam in the fourth heat in the 100 yards handicapthis is the programme—he had 20 sevonds start in 100 yards I believe in consequence of the letter from Mr. Green—he won the race easily—the prize was a silver cup, value five guineas—it was presented to him—the prisoner is a first-class swimmer, such a swimmer would only be allowed a nominal start if any—it was the start which enabled him to win the cup.
Cross-examined by MR. LEVY. One of the competitors had 27 seconds, start in the fourth heat, another 17, another 16, and so on—Larner was second in the fourth heat, and that entitled him to compete for the final heat—he had eight competitors agianst him in the final heat, and won easily—I had not known Larner compete before—other competitions are held at the baths besides those of our club—I know nothing of those.
ADOLPHUS CLARK . I am president of an amateur swimming club—I was one of the handicappers for a swimming race at the entertainment of the club on the 23rd of August—the starts would be allowed upon the merits of the competitors as swimmers, which we should know from acquaintance with the swimmers, or by information from the secretary to which they belong—I did not know Lamer—we allowed him 20 seconds in consequence of the letter purporting to come from Mr. Green—I was the starter—if we had known the prisoner's merits as a swimmer we should have allowed him 10 seconds—the same start was allowed in each heat.
Cross-examined by MR. LEVY. There were eight competitors: Gillott, of the South-Western Club, had 4 seconds; Thomas, 10; Marshall, 18; Sparks, 7; Deards, of the East London Swimming Club, 13; and Mr. Sackdon, 7—there was no scratch; Gillott was really the scratch man
WILLIAM MILLER . I was one of the handicappers in this competition; twenty seconds was a very unfair start for a swimmer of Larner's ability—I have been present at previous entertainments of our club—I had not seen Larner before.
Cross-examined by MR. LEVY. Other clubs hold meetings in the baths.
Re-examined. We should put a stranger at scratch without a letter from another club.
HENRY GREEN . I am the secretary to the Middelton Swimming and Athletic Club—I have been secretary since its formation—I did not know Larner before the 23rd August—he was not a member of our club on the 19th—this letter stating he is a member of our club is not my writing; the address is not mine—it is not true that Larner was given 25 seconds' start in races.
Cross-examined by MR. LEVY. I know all the competitors in our club—we do not allow outsiders to'compete in our own races—our club only commenced this year—we have had no open races—at the beginning of September Larner applied to enter our club to one of the swimming masters who did not know anything of the circumstances.
JOSEPH CHANDLER (Policeman W 202). I was on duty outside the Surrey County Baths on the 23rd August—I had instructions to admit only those who produced tickets like this one, or a member of the committee.
GEORGE STEWART HIBBS . I am a member of the Middelton Swimming and Athletic Club—I am also on the committee as one of the swimming masters—I met the prisoner Larner and a Mr. Binns on Sunday, the 29th August—I was chaffing him in a friendly manner about the race he had won, and I said as he was a good swimmer he had better join the club—he paid his entrance fee and subscription—Binns had been expelled—I gave Larner his entrance ticket—I did not then know the circumstances under which Larner competed—on the following Tuesday, the 31st August, in consequence of what I heard, Larner was told to go away.
Cross-examined by MR. LEVY. I had seen Larner on one or two occasions previously.
MR. FRITH submitted that there was no evidence of forgery or of false representation by word of mouthy and, if anyt it was too remote. He referred to the case of Queen v. Gardner, in Dearsley and Bell. MR. LEVY also
urged there was no evidence that the prisoner used the card sent in answer to the letter, and that the misrepresentation was not the direct means of obtain—I ng the cup, MR. PURCELL referred to the Queen v. Martin, Law Reports Crown Cases Reserved, which overruled the case of the Queen v. Gardner, and contended that there was evidence that the prisoner saw his name on the programme as being entitled to the 20 seconds' start, and used that advantage, which he obtained by his false representations; and it was that advantage which enabled him to win the cup. The COMMON SERJEANT, after consultation, with MR. JUSTICE STEPHEN, held there was no evidence of forgery, that the prize obtained was too remote from the false pretences, and that the case could only go to the Jury on the counts for uttering.
GUILTY .— One Month's Imprisonment.
MR. RAVEN Prosecuted; MR. WAITE defended Reed.
ROSINA BRAGG . I am a single woman of 47, Southall Street, Poplar—I am a teacher at the Ricardo Street Board School—on Sunday, the 28th November, about 9 p.m., I was going through Tower Street from the Minories—the two prisoners were standing under a lamp-post at the corner—I had a lady with me—Reed sprang upon me and took my locket and snapped the chain—the chain was silver—the locket was large and has three letters on it—it was hanging outside and could be seen—both of them ran away; I ran after thein to some warehouses—the value of the locket was 30s.—the following Thursday I went to Arbour Square Police-station and picked out Reed—I could have picked out Keefe, but was not asked—I had no doubt as to Reed being the man who took the locket.
Cross-examined by Waite. It was not a foggy night; you could see plainly—I was frightened—the affair lasted not more than three minutes, including the time we were running after them—the lady who was with me is not here—she did not see the prisoners so plainly as I did—I have made no mistake about them.
JOHN BUTLER . I am a soldier of the 3rd Battalion Grenadier Gaurds, stationed at the Tower—on Sunday, 28th November, I was on Tower Hill between 9 and 9.30—at the corner of Tower Street I heard cries of "Stop thief!"—I went in the direction of the cries—I saw two men running; they separated at the corner—I ran after Keefe—they ran in different directions—Keefe was nearest to me—I did not see anything of Reed when I commenced running after Keefe—Keefe ran right by me down some steps and through some passages—I was prevented going further by a lot of fellows who would not allow me to pass—they said he had not gone down there—I was fetched to Arbour Street Police-station the following Thursday, where I identified Keefe from eight or nine others as the man I ran after—I have not the slightest doubt about him—I gave a description of the men before I went there.
Cross-examined by Waite. I did not identify Reed.
Cross-examined by Keefe. I saw your face—it was dark on Tower Hill, but there was a light from the-lamps and public-houses—I did not see the robbery.
were charged with this offence the following morning—Miss Bragg came to the station and identified Reed—the soldier also pointed out Keefe directly he entered the room—I charged them with stealing a necklet—Reed said he was at work on Sunday from 9 to 12 o'clock—Keefe said he was in the Clock House public-house the whole of Sunday and Monday night—the Clock House is in Royal Mint Street; Dundee Wharf is about three-quarters of a mile from the corner of Tower Street; the Clock House is about a quarter of a mile from there.
Cross-examined by Waite. I understood there was a female friend with Miss Bragg at the time of the robbery.
Re-examined. I believe the female friend is in the country now.
Witnesses for Reed.
JOHN POTTER . My duty is to call the workmen in at the Dundee Wharf—I know Reed as Marshall—on Sunday, 28th November, Reed was there at work from 9.20 to 9.30; he left at 12 o'olock on the Monday night—the place of the robbery is about one mile and a quarter from the wharf.
Cross-examined by MR. RAVEN. I am the foreman—I did not go there till 9.20—I took in the first gang when I got there—the second gang was only two men; Reed was one of them—he did not come to us in the name of Reed, but in the name of Marshall—I do not know anything about Keefe—Marshall has worked for us eighteen months off and on. Re-examined. When I arrived the men were waiting for me.
ROBERT AUSTIN . I am a ship-worker where the last witness is foreman—on Sunday night, 28th November, the prisoner arrived at the wharf about five minutes to 9 o'clock—I waited there with him—I heard the clock strike nine some time after we were there—our time to be there was 9 o'clock.
Cross-examined by MR. RAVEN. I am employed with Reed as a labourer—I went into the Dundee Wharf that evening—I saw the wharf clock; it was 9.20 when we went in—I was not called at the police-court—I did not come up with Reed—I was there waiting with him—we went in the wharf with the second gang—I have worked with Reed, and know him very well.
Witness for Keefe.
JOHN HUTTON . I am a dock labourer—Keefe was in the Clock House with me on Sunday evening from 5 minutes past 6 till a quarter to 10 o'clock, when we went to Cross's, another public-house in Royal Mint Street.
Cross-examined by MR. RAVEN. I was in Keefe's company from 6 o'clock waiting for the Clock House to open—we stayed there nearly four hours drinking beer and talking—I was sober enough to look at the time, and be sure about it—after that we went into the other public-house—it is my usual custom to go there and stay at times when we have got any money—we drank several pots of beer; I dare say seven or eight, but there were some more of us.
Keefe's Defence. I am innocent. I was with this chap in those public-houses when this robbery was supposed to be done. I have not been in
Reed's company since. He lives at Shadwell, and I live at Royal Mint Street. It ain't the policemen, it is the detectives who have done this.
They PLEADED GUILTY. to previous convictions of felony, REED** in August, 1878, at the Guildhall, Westminster'— Two Years' Imprisonment. KEEFE, in July, 1879, at Clerkenwell, in the name of John Bryan.— Eighteen Months' Imprisonment.
OLD COURT.—Thursday, December 16th, 1880.
Before Mr. Justice Stephen.
133. THOMAS TITLEY (39) was indicted for unlawfully supplying to William Stroud a certain noxious thing—viz., ergot of rye and tincture of perchloride of iron, with intent to procure the miscarriage of a woman. Second Count, for supplying the same with intent to procure the miscarriage of a certain woman, to wit the daughter of Martha Diffey.
MESSRS. POLAND. and MONTAGU WILLIAMS. Prosecuted; MR. EDWARD
CLARKE,.Q.C., with MR. BESLEY,.Defended.
Before plea, MR. CLARKE. objected to the First Count as bad on the face of it, and asked that it might be quashed, because it merely stated the intent to procure the miscarriage "of a woman" without giving any name, or adding the words "to the Jurors unknown." The Second Count he admitted to be good.
MR. BESLEY. called the attention of the Court to the cases of Heyman v. the Queen (L. R. 8th, Q. B. 102), and the Queen v. Faidge, Leigh and Cave, 390, in support of this being the proper time for making the application to quash. In the first case cited, it was decided that an imperfect count, which ought to be quashed, after plea pleaded, would be a good count, and aided by verdict. In the second case, it was decided that the Court ought to quash a count which was not a good count.
MR. POLAND. stated that the First Count was copied from an indictment in the Queen v. De Baddeley, tried in this Court before the present Recorder, then Common Serjeant (See Sessions Paper, vol 74, page 244), in which case a similar objection was taken, and after consultation with Lord Chief Justice Bovill and Mr. Baron Channe V. the objection was overruled.
MR. JUSTICE STEPHEN. considered that he was bound by the decision of the Court of Appeal in the Queen v. Hillman (Leigh and Cave), so far as to hold for the purposes of the trial, that the offence was completed, although the intent existed only in the mind of the accused. That did not, however meet MR. CLARKE'S. objection.
MR. POLAND. asked that the First Count should be amended by adding the words after" a certain woman" "to the Jurors unknown." MR. JUSTICE STEPHEN. said he would direct the Count to be so amended. MR. CLARKE. said it might be a question whether this was a formal defect within the power of the Court to amend.
At the close of the case for the prosecution, MR. CLARKE. submitted that as the evidence proved there was in reality no woman for whom these drugs were intended, the whole story being a device and invention of the police, there was no case to go to the Jury; and further, that the police in this matter must be regarded as accomplices, and therefore requiring corroboration. MR. JUSTICE STEPHEN. held that as Martha Diffey (a person employed by
the police for this purpose) had a daughter, that fact was sufficient to support the Count, and as to the evidence necessary to corroborate, he would direct the Jury upon that in summing up.
The defendant received an excellent character.
GUILTY. Strongly recommended to mercy by the Jury, on the ground of the provocation by the police inducing him to the crime. — Eighteen Months' Imprisonment.
NEW COURT.—Thursday, December 16th, 1880.
Before Mr. Recorder.
MESSRS. MONTAGU WILLIAMS. and PURCELL. Prosecuted;
MESSRS. W. SLEIGH. and BUTLER. Defended.
WILLIAM GADD (Policeman H 23). On 9th November, about 2.55 a.m., I was in Brook Street, Ratcliff, and heard a noise in the Wellington public-house, apparently of the removing of furniture—I knocked at the door and Pether answered from the window—he had his braces and trousers on—I said "What is that noise at the bar?"—he said "It is all right"—I said "It is not all right"—I heard him go downstairs and return again in eight or ten minutes, he then came to the window and said "It is all right"—I again said "It is not all right; I want to come in"—he kept me waiting from 2.55 till 3.15—I got the assistance of another constable, and hearing parties talking and moving about, I told Pether that if he did not open the door I would make a forcible entry—we were then admitted—I went into the bar parlour and found this water-pot lying empty without the rose, and about a square yard and a half of the carpet stained with spirits of wine—a quantity of waste paper was lying about the floor saturated with spirits—I said to Pether "How do you account for this?"—he said "That I leave to your discretion"—in the bagatelle room adjoining I found more paper saturated with spirit in two cupboards, one on each side—the rose of the, can was under the bagatelle board, and was wet with spirit—Carter was standing at the foot of the staircase; he is the landlord, but does not live there—Pether lives there as manager, and Cartsr lives in Westmin-ster Bridge Road—Mrs. Pether was standing at the top of the stairs dressed except her bonnet—I said to Carter "How do you account for this?"—he said "That I leave entirely to you; "and he said to Pether "You remember a strange dog coming in this afternoon and knocking the can over?"—Pether said "No"—Carter said "Do you remember a little girl coming in this afternoon and kicking the can over?"—he said "That I know nothing about"—I said "How many more suggestions are you about to make?"—I sent for the inspector—the can appeared to have contained spirits of wine, about two thimblefuls of which remained in it, which will be produced—I found about eleven barrels in the cellar, but cannot say whether they were full or empty.
Cross-examined. Jones and Vokes were with me when I went into the house; they were at the police-court but were not called—they can corroborate me as to what took place—Mrs. Pether had a large cloak on with deep fur; she was fully dressed when the inspector was there—I think on the first occasion her cloak was unbuttoned—Pether said that
he had been out the whole of the evening, but I did not hear Carter say so—I heard something said about a child playing with a whip and knocking down a can of methylated spirits—that was said in the presence of the inspector and the two constables—I suppose it was this can; this was the only can there—neither Mrs. Attenborough or Mrs. Pether told me that she had sopped up the spirits with this paper—I found some canvas outside the back door—I was not told that some of the spirits was squeezed into this watering pot—the two policemen are at home—Captain Shaw is not here; I cannot say whether he had a letter—I searched the ground floor; I did not go upstairs; I sent Inspector Death up—the carpet was saturated as you entered the door by the left hand, by some shelves, where about 24 bottles of brandy were standing—there was no room for any methylated spirits on those shelves—the spirit on the carpet was all in one place, but the paper was strewed about—this is part of the paper; we should want a sack to bring the whole of it; I thought this was sufficient to bring—I heard Carter say to the inspector, "A little child knocked the spirit over in the after-noon"—I have been 20 years in the force—Mrs. Attenborongh is Mrs. Pother's daughter—I heard the inspector say, "What child?" and Pether said, "Mrs. Attenborough's child"—this table-cloth (produced) was saturated with spirit, not every inch of it, but it was very wet; the whole of the centre was wet—I was not present when it was found—the Main is visible now.
Re-examined. Carter first said a strange dog, and afterwards a child, threw the spirit over.
JOSEPH DEATH . (Police Inspector). I received information, and went to the public-house on 3rd November about 3.15, and found Sergeant Gadd there—I went with him into the bar-parlour, and saw Pether in his shirt and trousers; he was under the influence of drink—at the bottom of an open cupboard near the bar was a quantity of waste paper saturated with spirits of wine—I burnt some of it in food's presence, and it burnt very fast, showing that the spirit was very inflammable—I saw a can which had contained spirits of wine; this is what was in it (a small drain of spirit)—the carpet in the vicinity of the cupboard was saturated with spirits of wine—I said to Pether, "How do you account for the spirits being strewed about in this manner?"—he said, "It will be duly accounted for"—I said, "You do not appear to have been to bed; the fire has been kept up, and well kept up"—he made no reply—I said, "Are you the landlord?"—he said, "No, there is the landlord," point—I ng to Carter—I said, "How do you account for the spirit being strewed about in this manner?"—he said, "After the house was closed I went to bed, and left Pether alone downstairs"—the cupboards in the bagatelle room on either side of the fireplace were open, and in the bottom of each was a quantity of paper more or less saturated with spirits of wine; it might have been pressed into a half-bushel basket—I called the prisoners to the door, held up some of the paper with the spirit dropping off it, and said, "How do you account for these spirits being here?"—Carter said, "A little child upset a bottle of spirit in the afternoon"—Pether said, "My daughter told me a little child upset a bottle of spirit in the afternoon"—I said, "What child?"—he said, "I cannot Say"—I said, "Cannotyou tell me the name of the child?"—Carter said, "Atten-borough"—they then returned to the bar-parlour, and after speaking to
Gadd I went to Carter, who was then alone in the back parlour, and said, "I shall take you in custody for being concerned with Pether in attempting to destroy the house by setting fire to it"—he made no reply—I took him upstairs to the first-floor front bedroom, where I found Pether in bed—his wife came in fully dressed while I was there—I said to him, "You will have to get up; I shall take you in custody for conspiring with Carter to destroy the honse by setting fire to it"—he got out of bed and said, "I shall have a complete answer to the charge at the proper time; you will have to prove it"—I examined the house; there are 10 rooms, but the four top rooms were quite empty; I found an empty clothes chest in the back room, first floor, on which was a table-cover, a sheet, and a portion of a woman's nightdress, all saturated with spirits of wine; there was nothing else in the room but an old chair—there was no bed in the house except the one in which I found Pether—the windows on the second floor were all open—I called Pether's attention to the things, holding them up; he said, "I know nothing about them," and Carter said nothing—I found this piece of canvas outside in the yard hanging on the wall by the door-post—in the bar-parlour was a loo table, a carpet, and about 18 bottles of brandy—I saw no paintings, jewellery, or pictures in the house, or any fixtures of the value of 300l., or household goods value 200l.—there were no signs of any lull bottles in the bar—I did not go into the cellar—I took the prisoners to the station-Carter gave his address, "17, Gloucester Street, Oakley Street, Westminster Bridge Road"—I asked him how he accounted for being at the "Wellington that night; he made no reply—I said, "Are you insured?"—he said, "Yes, for 900l.—when the charge was read over Pether said, "I admit what you say to a certain extent."
Cross-examined. I have been 13 years in the force—I have no right to cross-examine prisoners, I did it quite inadvertently—I know that a note was made on the depositions; the Magistrate stopped me and said that I had no right to put the questions—I have heard that Pether's daughter is Mrs. Attenborough—I have not heard that she has a child, Pether said "My daughter says that a little child knocked over the spirit with a whip," but I did not know it was her child—I have not seen Mrs. Attenborough, and should not know her if I saw her—Pether did not say that he and Carter had been out all the night, or that his daughter said that while they were away the child had knocked down the spirits, nothing of the kind—this is only a sample of the paper found; I should think that when taken from all the cupboards it could be put into a bushel basket, but you would have to press it pretty tightly—that in the cupboard in the bagatelle-room might fill a half-bushel basket if put under hydraulic pressure—I did not think it necessary to bring it all—I was an hour overlooking the house; only two rooms were furnished—Sergeant Gadd was not upstairs while I was there, to the best of my belief, at any rate he did not go to the top floor; he may have come up behind me when I went up to bring the prisoner down—he was downstairs when I found the clothing on the chest, he had charge of the prisoners in the bar-parlour.
JOHN MARCHMONT MILES . I am agent for the London and Lancashire Fire Office—the Duke of Wellington public-house, Brook Street, Ratcliff, is insured there in the name of William Carter for 900l; 250l. is for stock in trade, 300l. for fixtures and utensils, 250l. for goods and
wearing apparel, and the rest for paintings, jewellery, plate, and other articles—before the policy was made Garter brought me this letter of introduction, dated 28th September, 1880, and I received with it the first premium, 1l. 4s. 3d.—during September I received a letter asking for the policy, and it was sent about a week afterwards.
LAIRD DONALD . I am Mr. Miles's clerk—I went by his direction on or about September 3rd to the Duke of Wellington, and saw a man who gave his name William Carter—I believe it was Pether, but having seen them both in the business I do not recognise which it was—I took down these particulars in his presence.
HENRY HOLT . I am an auctioneer and public-house broker—I have known Pether since 1875—he introduced me to Garter last July relative to the purchase of the Duke of Wellington, but I had seen Garter before—I told Garter to go down to Messrs. Hoare's brewery—I saw them after they had seen Messrs. Hoare—they told me that if the reference suited Garter would take the house, and he did take it—Mr. Davis was the former landlord, and 137l. was paid to him for the goodwill and fixtures, 10l. of which was for the stock—I provided them with 14l. 5s. 5d., as they were short of the amount.
HERBERT JAMES . I am loss clerk to the Law Fire Insurance Society—I produce a policy of insurance effected on the contents of the Prince Arthur public-house at Greenwich, at Midsummer, 1869, taken out by Samuel Robert Pether, for 800l.—the house was destroyed by fire—a claim was afterwards made, and 700l. was allowed—we had a policy relating to the Old Will Somers public-house in Spitalfields, where a fire took place in 1861 or 1862, but the papers have been destroyed, and I do not know who was insured.
BICHARD PERCIVAL . I am chief engineer to the Fire Brigade, Clerken-well—on 7th February, at 10.3 a.m., I was called to a fire at the Prince Arthur public-house; my engine arrived first—I found the house well alight and streams of blue fire running down from the windows, as if from some inflammable fluid—I saw the landlord, whose name was Pether, and I believe Pether to be the man, but I have not seen him since—he and his wife were out before I got to the fire—they were both dressed.
WILLIAM FIELD . I am assistant to Brown and Roberts, assessors to the North British Insurance Office—I produce this policy on the Hare public-house, Hare Street, Bethnal Green, effected by Samuel Robert Pether on 24th January, 1868, for 1,400l.—a fire took place in September the same year, and Pether made a claim for 100l. 9s. Ad.—he accepted 65l., and cancelled the policy.
Witnesses for the Defence.
EMMA ATTENBOROUGH . I am Pether's daughter—my husband is a traveller; we live at 47, London Street, Commercial Road—on 8th November I was at the Duke of Wellington with my little boy, who is four years old—he was playing with a pony-whip in the bar-parlour, and I was serving in the bar—he slashed two bottles down off the shelf, one of which contained methylated spirits for the lamp, and the other brandy or whisky—I ran into the bar-parlour, and took this canvas from the cupboard, and sopped it up off the carpet—it was there to make some
coarse aprons for the work of the house—I also picked up some waste paper, and used a few bits of it—there was not enough to fill a bushel basket—that was about the quantity(a few pieces)—some gentlemen who arc here were in the bar when the boy knocked down the bottles—they could see the accident—my little boy was playing with this watering can, and I squeezed the canvas and the paper over the can, and left it so when I left the house—Mr. Carter came home about 11.40, and my father at a little after 12 o'clock—I then told him of the accident which had happened—the house was kept open till 12.30—I remained there till 1 or 1.30—I put the canvas in the cupboard.
Cross-examined. I do not live on the premises—my husband lives at Nottingham, and travels from one village to another—I was not called at the police-court, but I went there when my father was charged next day—I went there a second time, but did not give evidence—this is the first time I have given evidence in any Court—the spirits were knocked down about 11 o'clock at night 11.20—we keep the little boy up till we go to bed—I go to my father's every day, taking the boy, and keeping him up till 11 o'clock, and later than that—when I wiped the spirits up, and squeezed the canvas into the can, I left the can there, because my little boy would not let me take it away; he screamed so—he is such a mischievous child—he is so fond of the can; he used to make a horse of it—he turns the taps on, and the beer sometimes, and lets the spirits off—he can talk—he is here—I do not recollect the Old Will Somers publio-house; I was a child when my father was there—I was at the Prince Arthur, and have a faint recollection of the fire there, and I think the house was burnt; I was very young then—I do not remember the Hare. Re-examined. I have never heard that a fire happened at the Old Will Somers, and that no claim was made on the insurance company—I do not recollect my father having the Griffin in Leonard Street, Finsbury, but I have heard the name mentioned—I never heard that there was a slight fire there, and that it was a wooden house, or that my father, though insured, made no claim in reference to it—I do not know of bis making any claim on any insurance company for any fire on any premises he ever held—Inspector Death called on us at the Wellington on a Saturday; I think it was November 18th, to look over the house—he had no conversation with me about the case; he went all over the house, both the cellars and the upper part; he was there 20 minutes or half an hour—I never removed any methylated spirit from the house, nor was any removed to my knowledge.
By the JURY. I did not use a table-cloth to wipe up the spirits—I Wiped my hands on some dirty cloth; that would go to the laundress—the table-cloth was on the table.
By MR. SLEIGH. This red table-cloth was on the bar-parlour table when the spirits were spilt—I did not notice that it was used for any thing; I was the only person who wiped up the spirits, but my mother saw me do it—two bottles were knocked down and broken.
ALFRED SULLIVAN . I am in the wine and beer stores, High Street, Hoxton—on Monday evening, 8th November, I went to the Wellington, between 10.45 and 10.50, to take a sample of wine to sell for my master, Mr. Jackson—my friend Mr. Tapps went with me; we stood at the bar, and I saw a little boy running backwards and forwards in the bar-parlour with a pony whip, slashing it about, and I called the young lady's attention
to it who was behind the bar—I had no sooner said the words than I heard some bottles fall; I could not see where from, but they came down, and I saw the glass on the ground; the barmaid then went into the barparlour, and I saw her put a bit of canvas or carpet on the wet—it was a piece of stuff like this—I saw her wipe it up, and she got some paper and wiped it up again, and said "There will be an awful row when the governor comes home"—I saw a can there similar to this—I saw her squeeze something together; I not know whether into the can, but the can was nigh her.
Cross-examined. I did not go before the Magistrate—I was not asked, and I did not know that the case was heard three times—I was subpoenaed last week—I heard the child scream once for the can—he said "I want my horse"—I do not know Mrs. Attenborough, but she is the person I call the barmaid.
Re-examined. The prisoners are perfect strangers to me—when Mrs. Attenborough said that there would be an awful row, I said I would look in and explain the matter—I was with Mr. Jackson six years and a half, but left to better myself last Saturday week—nothing has been alleged against my character.
By the JURY. The accident occurred about 11.10 p.m.—I stopped there some time—the bottles fell on the carpet—I do not know whether she used the table-cloth; she picked up the pieces of the bottles, but I do not know what she did with them.
BENJAMIN WILLIAM TAPPS . I am a master packing-case maker, of 6, Gifford Street, Fleming Street, Kingsland Road—I was with Sullivan at the Wellington on 8th November—I have been out of Court—I heard him ask for Mr. Pether, and heard from the young lady that they were both out—I saw a child wandering about the place with a short driving whip—I could see portions of the bar parlour—I heard a smash of glass, and saw glass scattered about, and a mess on the floor; the child was then in the bar parlour slashing the pony whip about—it had a thong to it—I could see that there were shelves in the bar parlour—the young lady rushed into the bar parlour, and began wiping it up with some rubbish and canvas similar to what you have got there—I did not take notice enough to see whether there was a watering can there—Mrs. Pether I believe it was came into the bar, and took Mrs. Attenborough's place to serve, but they were entire strangers to me.
Cross-examined. I was not before the Magistrate—I should think the child was a boy—I did not notice a dog there—I saw the young lady squeezing the canvas into something, but I cannot pay into what—the child was crying and asking for something—she wanted the whip away from him, and he either cried for the horse or the whip—I think the spirit all fell on the ground—I think there was more than one bottle—I saw her picking up the pieces.
Re-examined. I never saw the prisoners before in my life, and have no interest in coming here—I met Sullivan in Hoxton, and went there with him—I live not twenty doors from him, and we are intimate friends—the child screamed passionately—he kicked up a row.
CHARLES BAKEWELL . I live at 18, Cavendish Street, New North Road—I was at the Wellington public-house on 8th November about 11 o'clock—I did not see Mrs. Attenborough to my recollection, but I saw a female serving in the bar, and a child romping about in the bar parlour with a
weapon of some kind, but I did not take sufficient notice—I could see into the bar parlour—I heard a smash of falling glass, and the person serving left the bar and knelt down and did something with her back towards me—I am a commercial traveller—I do not know either of the prisoners—I am here on a subpoena—I have no interest in the case, only I hope they will pay my expenses.
WILLIAM IMPEY . I am a builder, of 74, Church Road, Hammersmith—I remeber the Prince Arthur being burnt down—I rebuilt it, and over 200 sovereigns were found in the ruins, some silver spoons and forks, a gold watch, and some rings—some silver coins were burnt—people came to me and made representations as to what they had found, and I referred them to Mr. Petter—they brought me nearly 20l. worth of burnt sovereigns, which I declined to receive, and told them to go to Mr. Pether—there were also two or three fragments of bank notes.
GUILTY. CARTER— Eighteen Months' Imprisonment. PETHER— Eight Years' Penal Servitude.
THIRD COURT.—Thursday, December 16th, 1880.
Before fir. Common Serjeant.
MR. GREENFIELD Prosecuted.
GEORGE WALKER . I live in Stafford Street, Peckham—I am a carpenter—I work at 19, Clare Market; I kept my tools there—I saw them there at 5.50 p.m. on 5th November—I locked them up—I double-looked the front door and closed the shutters—on the morning of the 6th November I found the door open at 8.30—the tools were gone, except the basket—there was a hole in the matchboard in front of the shop—these are some of the tools produced that I missed; they are worth 5s.—I gave information to the police about 9 O-clock the same morning.
HUMPHREY COHEN . I am a dealer in. tools, at 155, Waterloo Road—on the 9th November, about 3 p.m., the prisoners brougt this basket of tools to my shop; Hogan carried the sack—Tingley said "Do you want to buy any tools?"—I said "Let me see, them"—he directed Hogan to empty them on the counter—he said "Go on, empty them"—Hogan was slow; I said "Whose are they?"—Tingley said "They are my father's"—Hogan said "Yes, he is on the booze, and his mother wants him to sell them to get some money"—Tingley said "My father is a jobbing carpenter"—I said "What are you?"—he said "I work at Smith and Son's, printers, in the Strand"—I said "Who are they?" he said "Why every one knows them, and every one there knows me"—I said "What do you want for them?"—he said "Two shillings"—I sent my boy for a policeman, and while he was gone I heard a boy shout "Tingley' or 'Dickey,' there's a copper coming"—I afterwards saw two boys running away—after the shout the prisoners darted out of the shop—I caught Hogan on the step; we had a struggle together, and he got as far as the roadway, about 18 feet, when he was seized by a constble—I afterwards picked out Tingley at Bow Street Police-station from five or six others—these are the tools prodced.
WILLIAM READER (Police Sergeant E). On the 6th November I went to these premises in Clare Market about 9.15 a.m.—I found 18 inches square or woodwork cut away in front—the prosecutor had previously given me information—it had been a potato shop—the wood was lying outside—Mr. Cohen gave me a description of Tingley; that was circulated—I afterwards-saw him in custody at St. Albans.
WILLIAM MCVITY (Policeman L 160). I was called to Mr. Cohen's shop on the 9th November—I found Hogan detained by Mr. Cohen in the street—I took him to the shop, and asked him how he came possessed of the tools—he said "They do not belong to me, they belong to a play-mate of mine."
ALFRED BROWN (Police Sergeant C). On the 13th November I saw Tingley at the police-station, St. Albans—he was detained there in consequence of a description sent there—I told him he would be charged with. Hogan, already in custody, with breaking and entering a house, 19, Clare Market on the 5th November—he made this statement, which I took down: "I only went with him to Clare Market, and then to the tool shop. My father was afraid I should get into trouble, so I went away and stood at the door of the tool shop, when the policeman came. I then ran away, as I thought I was doing wrong." I brought him to Bow Street Police-station—he was placed with five or six other persons, and identified with Cohen.
Tingley's Statement before the Magistrate. "When the boy said my father was on the booze I thought what a fool I was to be there, and I walked out of the shop and then ran away. I had nothing to do with the tools."
Hogan's Defence. I picked the tools up, and called this chap's attention, to them. I put them to down till the next day, when we went to look for work, and he said "Let us have the tools out," and we went to Cohen's shop to sell them. Tingley asked for 6s. for the tools. He said his father was on the booze and wanted to sell them, and I said "Yes." Tingley's Defence. I did not say my father was on the booze. I was coming out of a public-house. He said he found the tools in a (doorway. A few days afterwards, when I was going to Castile's and Brown's for work, Hogan stopped me and asked me to go with him to sell them, and I said "Yes."
GUILTY .—HOGAN†— Twelve Months' Imprisonment.
TINGLEY— Six Months' Imprisonment.
OLD COURT.—Friday, December 17th, 1880.
Before Mr. Justice Stephen.
136. JOHN O'CALLAGHAN, PHILIP SHRIVES, WILLIAM STROUD , and MARTHA DIFFEY , were indicted for unlawfully by false pretences and representations attempting to induce Thomas Titley to commit an indictable misdemeanour. Second Count for attempting to induce him to contravene the law of the land with intent that he should be convicted and punished. Third Count for inciting him to commit a criminal indictable offence. Fourth Count for Inciting him to supply a noxious thing, knowing the same was intended to be unlawfully used, with intent to procure the miscarriage of a women.
MR. POLAND submitted that the first three counts were bad because they did not set out the offence with sufficient certainty, and objected to the Fourth Count as defective because there was no statement of the person to whom the drug was supplied, nor of the person whose miscarriage it was intended to procure.
MR. CLARKE with MR. BESLEY were heard, the argument being that the gist of the offence was the soliciting and inciting, and that, as in conspiracy, the offence was complete immediately a solicitation was proved, if the object was a breach of the law.
MR. JUSTICE STEPHEN had no doubt the first three counts were bad, and intimated that the fourth was also a bad count.
MR. CLARKE asked that the imperfection in the Fourth Count should be cured by amendment, as in Titley's case.
MR. JUSTICE STEPHEN refused, because another indictment could be preferred, and quashed the indictment.
Before Mr. Recorder.
MR. HICKS Prosecuted; MR. FILLAN Defended.
ALFRED WILKES . I am a carman of 6, Harrow Road, Leytonstone—in May this year I had a writ for 25l. from the Imperial Discount Company—I saw the prisoner two days afterwards at the Plough and Harrow public-house or opposite at my stable; he asked me to show him the writ; I did so—he said "This is nothing; I will put in an appearance for you"—I said "How can you put in an appearance? I did not know you were a solicitor"—he said "I act as solicitor for Mr. Best"—I gave him the writ and he took it away—he asked me for 10s. next morning, which I gave him and got this receipt—I then went with him to his office, 35, Bishopsgate Street, third floor; "C. Villiers George" was on the door—we then went to Temple Bar, near the new Courts of Justice, to put in an appearance, which I believe was done—he said "It has cost more than I expected; give me an extra 5s."—I gave it to him, and he gave me this receipt on a card—I saw him again next morning or the morning after, and he wanted a further sum of 1l. for the action, which I gave him, and he gave me this receipt (The receipts were for 10s., 5s., and 1l., on account of costs, and signed"C. Villiers George"—I parted with my money because he told me he was acting as solicitor for Mr. Best—I saw him again a few days afterwards; he said "I want a further sum of money from you"—I said "What for?"—he said "The job is stopped, but I have got to square the clerk," meaning the Imperial Discount Company's clerk; he wanted 2l.—I said "I should like to see the clerk"—he said that he expected the clerk on Sunday morning—I gave him 2l., but he gave no receipt for that—the clerk did not come, but I saw him at the Court at Stratford—on 15th July the prisoner came to the Wood-house Tavern to me, and said "I want some money from you?"—I said "What do you want that for?"—he said "For a full settlement of the action brought against you by the Discount Company"—I said "If you
give me a receipt for it I will give you the money"—he said "All right, my boy, I will give you that"—I gave him a cheque for 6l. 6s.; it was not crossed—he said "I don't care about taking a cheque"—I got it cashed, and handed him six sovereigns and three florins—I gave it to him becaase he told me that he had instructions from Mr. Best to take six guineas for a settlement of the action—he gave me this receipt (This was numbered I. 0199 and dated 15/7/80, for 6l. 6s. for a settlement of the action for 25l., signed "W. H. Best, per C. V. George")—I saw him write that at the bottom and put the number on it—three or four months afterwards the Imperial Discount Company served me with a printed form, which I gave to the prisoner—he said "That is just what we want to see; now we shall get some money"—I said "I do not wont any further bother about it," and he told me he would settle it—I got a communication from a solicitor about a week afterwards; it was another printed form; I handed it to the prisoner, and have not seen it since—I next received a letter from the Discount Bill Company, and showed it to the prisoner; he said "This is nothing"—on 18th November I got a letter from the solicitor, which I showed to the prisoner; he said "Oh, that is nothing"—I asked him how the action was going on; he said "It is all right; we shall get some money for this"—I found out that the action was not settled, and went and paid the money to the Discount Company at their office in Cheapside, and 4l. 4s. extra, for which I received this receipt (26 th November, 1880. Rec eived of A. Wilkes 4l. 4s., which, with 2l. 12s. 6d. to be paid for costs, shall when paid settle the action. Alfred Jones and Groves)—I employed the prisoner in the first place because he told me he was acting as solicitor for Mr. Best—I went to his office more than once; I never saw Mr. Best's name up, and did not see Mr. Best till I was at the police-court.
Cross-examined. I have never had transactions with solicitors before, and I am rather afraid of them; I have only had one transaction with the prisoner before—I did not know that he was not a solicitor, nor did I know that he was an accountant—he arranged three commitments for me at Bow County Court—I believed he was a solicitor or a solicitor's clerk—he said at the Bow County Court that he was a solicitor, or acting solicitor for Mr. Best; I no not know the difference—I went to his house then; the first time I went to his offioe was on the settlement of this action—I gave him a bill of sale to advise upon—I have never been in a Court of Justice before; I swear that—I was never convicted of felony; I never got 18 months—I do not know what you mean by being convicted; I was accused at Worship Street, and it went to Clerkenwell Green; it is 10 years ago—the charge against me was by the Great Eastern Railway for unlawful possession of things on my premises—I was not convicted of stealing, on my oath, or of receiving stolen goods; it was for the goods being on my premises; I was sentenced to 18 months; no, nine months—I will not swear that it was not in 1876; it was 8 or 10 years ago—I have not seen a brass plate "C. Villiers George, Accountant," on the prisoner's house—I have not known him five or six years as an accountant, or two years—he has not done all my business for me as an accountant; he did not say when I gave him the writ "I can put the name of a solicitor on the appearance, Mr. Best"—he did not say "I can use the name of Mr. Best as a solicitor, and so carry on the business for you more economically "—he said "I act as solicitor for Mr. Best"—I asked to see Mr. Best on
several occasions—I did not say at the police court "I cannot say that the money, 10s. and 5s., was obtained by false pretences"—part of my depositions was read over to me; not the whole—they were not handed to me to read, because I cannot read writing to understand it; this is my signature—I have had no bill of costs from the prisoner for all this service, nor have I asked him for it—he may have seen me nearly every day about this—I know Mr. Flater, the high bailiff of the County Court, and I know Mr. Crash—I did not tell them or any one that if he would give me back the six guineas I would never prosecute, nor if he would give me 5l. and an I O U for a guinea—I was in liquidation in 1877, and paid 1s. in the pound; is that anything to do with this here transaction?—I did not know the prisoner then.
Re-examined. The bill of sale was not for commitments; I got it two or three years before, and received all the consideration money for it.
WILLIAM MARTIN BEST . I am a solicitor—I was admitted in 1870, and practised at Stockton-on-Tees—I came to town this year, and have offices as 35, Essex Street, Strand—I have no office in Bishopsgate Street or St. Helens, London—this is my affidavit (produced)—I never gave the prisoner authority to use my name—I was introduced to him last March, and had two, transactions only with him; they were not satisfactory to me—I witnessed two liquidation petitions, and attended a meeting of creditors—I got a letter from him in the summer, asking me to, allow him to use my name, and to put it up at St. Helens Chambers, 35, Bishopsgate Street—I said "Certainly not"—I have never been there—I am not aware of any other William Martin Best in the profession—I have been to 33, Cheapside, on the third floor; that is where the two transactions took place—I never saw my name up there, and have never used that office for my business purposes—the prisoner has never introduced clients to me; only those two transactions.
Cross-examined. I have applied for my certificate in London, but have not paid for it—it has been so for eight or nine years—my name has been up at my London office for six months—I know Mr. Holloway, an auctioneer, and have a marriage settlement to do for him—I know the prisoner to be an advertising accountant; a petition must be witnessed by a solicitor and he came to me to witness it, which I did—I expected to be the solicitor in the liquidation, but it fell through, because he could not make the accounts up—he was not carrying it on using my name; I was using my own name—it was Mr. Bassett, a grocer at New Cross—the prisoner was not carrying it on with my name on the back of the papers as the nominal solicitor—at the same time as I attested it I filed it, and applied for a regulation order, but have done nothing in it since—he has not to my knowledge done all the business himself using my name; I told him I would prosecute him if I heard of it—as a matter of form he would put my name to notices in Bassett's matter; the notices are very frequently printed—he brought the matter to me, and I considered that I was the attorney in the matter—I do not know of a prosecution in this Court of a man named Rolf, in which my name was used—I know thatthere was a private meeting of the creditors of Rolfe, a fraudulent brankrupt, and that 20l. was subscribed to prosecute him—I must correct myself; three times I was at his office—I attended the meeting; I forgot that—I had no interest in it, and got nothing for it—the prisoner did not see me outside his office, 3s, Bishopsgate Street, and tell me that
he had got that matter of Wilkes; remember going there and his saying something about some action, and I said that I would not allow him to use my name—I do not remember whether he said that it was an action of the Discount Company v. Wilkes—I had not allowed him to use my name in the Bassett case; I used it myself—I asked him for If, in Bassett's matter, which he had to buy stamps with; I did not know anything about Wilkes's matter till December 2nd; if was the matter he mentioned in Bishopsgate Street I refused, but I do not remember the name—I had nothing to do with Rolf's case; I merely happened to be at the office—I think the other case was Bassett and Coverdale, who were pork butchers or pig jobbers—I remember re Mariott; that is the name, and not Coverdale—I attested the petition, and received 1l: 1s.; and George got a lot more; but nothing else was done.
Re-examined. I never authorised the prisoner to use my name in the action in question, and never knew of the case till his wife came and asked me to say that he was clerk in the matter.
WILLIAM M. RICE . I am managing clerk to Jones and Gloves, solicitors, of 7; Queen Street; Oheapside—all money passed through my hands—I have had the conduct of the action commenced by the him against Mr. Wikies—the writ was issued about May for 25l. and managed—the prisonerhas called about it several times, representing himself as acting for Mr. Best, and I treated with him as such—I know him as an accountant—he told me that Mr. Best's chambers were at his omce, St. Helens Chambers, 35, Bishopsgate Street—I have been there several times about this matter, but never saw Mr. Best there—I did not ask him where Mr. Best was; he was not in the "Law Last" at 38, Bishopsgate Street, and I went to the aw Institution—I afterwards sent letters to Mr. Wilkes—the last letter we sent to Mr. Best was returned through the Dead Letter Office—I have received no money from the prisoner in satisfaction of this action—the prosecutor has paid 4l. 4s.
Cross-examined. When the prisoner called first he said he acted for Mr. Best; I thought he was Mr. Best's clerk or agent—he told me Mr. Best occupied the same office as himself—he did not see Mr. Grove first—he never offered 4 guineas to settle the action; he saw me several times about settling it, and I saw the Discount Company, who agreed to settle it for 4l.; he afterwards told me he had got a cheque for 6l. 6s., which he would send, and keep 2l. 2s. for his costs but he never did—I did not want something else for costs—do not know that he tendered 4l. 4s. to Mr. Grove, and that Mr. Grove told him he wanted the costs as well; Mr. Grove would have told me if he had, and I know all the business that goes on in the office—I did not get more than 4l. 4s., but there is more to be paid now; at that time the proceedings had not gone so far—Wilkes called afterwards, saw Mr. Grove and paid 4l. 4s.
Re-examined. I did not see a cheque the prisoner had for 6l. 6s.; he never paid any money at all.
By the COURT. All the things he did when he called were such as an accountant might do if he was connected with a solicitor in the matter.
JAMES CADMORE (Police Inspector M). On 30th November I took the prisoner on a warrant, and told him the charge—he asked me to allow him to go into his office, and he would tell me something in extenustion of the case—we went in at the front door; his wife brought a night; he read the warrant, but made no reply.
Cross-examined. I am perfectly sure he said "in extenuation of the case," and not in explanation.
WILLIAM MARTIN BEST (Re-examined by MR. FILLAN). I did not, besides this matter, sign blank forms of petitions and give them to the prisoner to fill up for any matter he liked—this paper (produced) would be signed at the time of Bassett's business; this was done in the case of Marriott—this (produced) is a notice for the G azette— I signed these forms at the same time as I signed the petition, but the petition never was filed, and nothing was done.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. POULTON Prosecuted; MR. HORACE AVORY Defended.
JOHN RIGHARDSON (Policeman P 188). In consequence of information I received I took the prisoner on 19th November, and charged him with stealing a cart the property of Mr. Marr—he was then in charge of the cart—lie said, "All right, I have got a receipt, I bought that cart"—he produced the receipt at the station—he said, "Mr. Stead, the landlord of the Union public-house, was present at the time I bought it at his house, and so was James Moss, living at East Ham; they will both tell you so if you go to them"—I did so, and they both made communications to me—"Frederick Byford" had been recently painted on the cart, on a tin which was placed over the former name, which had been burnt out—this is the receipt, "Spring cart bought of G. Jones, 15l. 10s. Settled, G. Jones"—he said that he did not know who Jones was or anything about him.
Cross-examined. It is a builder's cart—the prisoner was driving it when I stopped him—he went from the station to his house, and his wife brought the receipt—I took the plate off the cart in the evening; Mr. Marr was with me—the prisoner said, "Jones brought the cart to the Union public-house, and there I bought it"—he also said that he sold his own cart to Jones for 5l.
EDWABD BROWN . I am foreman to Mr. Marr, a builder, and live at 5, Chichester Terrace, Kilburn—I do not know the prisoner—Mr. Marr had a shed in Erlam Grove—in August his cart was not in use, and it had been there about a fortnight—on Saturday, 7th. August, about 8 a.m., I found the shed gates broken down, the door forced open, and the cart removed—I saw it again on 19th November at West Ham station; my master's name had been burnt out and painted over, and a tin plate put over the place with the prisoner's name on it—the front of the cart had been cut—I value it at 10l.; it was worth 25l. when new.
Cross-examined. If I had been offered 15l. I should not have refused it—the name had been burnt out with a hot iron, and a coat of paint over the place.
Witness for the Defence.
Cross-examined. The prisoner had a conversation with me at Plaistow—I was present at the Unicorn public-house when Byford bought the cart—I told the prisoner that I knew nothing of such a purchase, but when I bethought myself I remembered it; this was last summer, and I don't keep such things in my memory—it was three weeks ago that the officer came to me—when I went home I recollected it—Byford had been drawing bricks for me—he wanted more money—we had some words and I left him bartering with a man, whose name I don't know, about a horse and cart which was outside—I have never seen him since—he was a big man—I don't know whether the prisoner had his own cart there—I can't say whether I saw the landlord—I was not there at the time of the purchase.
Re-examined. When I left them they were inside the house—I did not notice after that the prisoner had a new cart—he has been using that cart several months, and worked for me with it.
NOT GUILTY .
MR. POULTON Prosecuted; MR. HORACE AVORY Defended. JOHN RICHARDSON (Policeman K 188). On 19th November, after taking the prisoner to the station, I searched and found in the cart a jack, which has since been identified as the property of the Southend Railway Company—it is heavy, and cannot be produced in Court—the prisoner said "I bought it of a man in Spitalfields who I don't know"—I went in the morning to a blacksmith's forge, kept by John Hills, who gave me two travelling jacks similar to that found in the cart, which were also identified.
Cross-examined. I took him about 100 yards from the Unicorn—Hilla's forge is at the back of the Unicorn.
JOHN EVERETT . I am a platelayer in the service of the London, Tilbury, and Southend Railway Companyon 6th November I missed three jacks which I had seen safe about 5.30 p.m. on the 5th; two were lifters and one was a traverser—the traverser weighed 2 owt., and was marked L.T.S.R.—I identified them when the police showed them to me—the initials which had been cut in were then filed off, and in one place there was some white metal—this(produced)is a piece of one jack which broke off while I was using it—it was minus this piece when it was stolen—I have since fitted this piece to the jack.
Cross-examined. They were missed from the side of the line at the end of the platform at noon.
FREDERICK BLOWERS . I am a carriage lifter in the employ of the London, Tilbury, and Southend Railway—the police called my attention to three jacks—I had not missed them—I have used two of them for four years, and identify them as the company's property.
GEORGE EDWARD HILLS . I have a forge at the back of the Unicorn, Church Street, West Ham—the prisoner rents a stable next door to me—on 5th November, as near as I can tell, he brought three jacks to my shop about 6 p.m., and said "George, I have got some things in the cart and have not got room for them, will you let me put them in your place?"—I said "Yes; are they yours?"—he said "Yes"—they remained in my shop about a fortnight, and on 19th November the prisoner came and took one of them away in a cart, saying that he thought he had found a purchaser—I heard that he was taken for
stealing a cart—I communicated with the police next morning, and they took away the traverser and the remaining jack—the traverser had no initials on it when it was brought to me—my forge is about two miles from the Bromley station of the Southend line.
Cross-examined. I did not notice that the initials had been filed, because I never moved it—I knew the prisoner as a customer—he is a master carman.
The prisoner, who was allowed to make his own defence, stated that he met two men who asked him to take the jacks to a smith's shop to be repaired; that they were put into his cart, and he took them to Mr. Hills, as he knew him, and tliat they afterwards asked him to fetch one away as they wanted to use it.
GUILTY .— Twelve Months' Imprisonment.
MR. WAITE Prosecuted.
EDWARD AYRES (Commissionaire 679). I Iive at 5, Queen Square, Upton Park—I am employed in watching the premises of Mr. Read, of Harold Road—on the morning of the 26th November I was coming up the Park Road—I saw two men in a cart; the prisoner was one—the taller man, not the prisoner, drove the pony—they went over the bridge in front of Mr. Targrass's premises—both got out of the cart—I went and turned my bull's-eye on them—the prisoner said "All right, governor," and stood by the baker's shop—the prisoner said "It is a rough night; "I said "Yes, rather"—they got in the cart and drove away—the prisoner came back and asked me if I could tell him the right time—I told him it was 5 minutes to 7—he went into Mr. Targrass's premises—he came out—I met him by the rails—he had some fowls in the bag—I took him and locked him up—he went in through a gap in the fence.
Cross-examined by the Prisoner. I never passed a word with the tall man—I do not think he had anything in his cart besides four or five sacks—you said "Governor, I will give you 2s. if you will not lock me up"—I said "If you gave me 2l. I would not; I had given you one chance at 5 o'clock in the morning."
PHILLIP TARGRASS . I live at I, Albert Terrace, Albert Road, Upton Park—Mr. Ayres knocked me up at 10 minutes to 7 o'clock; the prisoner was there—Ayres said "I have a man here who has got some fowls in a sack"—I went downstairs and looked at the fowls—the prisoner begged me to let him off—he said "Do not prosecute me, I have a mother at home with a large family, I will give you all the money I have"—I said "I do not want your money, I want my fowls, and I shall have to make an example of you"—I am sure they are my fowls, I bred them—there are, four now in the sack produced; one has died—I took them out of the sack they were in and put them into this lighter sack of mind to prevent their getting stifled.
Cross-examined by the Prisoner. Ayres never said "They are Yours, have another look"—I did not put them back into the fowl-house, nor change them—the other man drove off before I could get down. The Prisoner's Defence. The fowls were hutched with the rest, and
other fowls were put in the sack. This is the first time I have seen those fowls.(One was taken out of the sack.)There were 20 or 30 men going backwards and forwards to the station. It would be impossible to steal fowls with all the traffic about.
GEORGE TULICK (Policeman K 189). I saw the fowls taken out of the sack and put into the thin one after the prisoner was handed over to my custody—it was a damp morning, and the sack they were in was thick and damp.
Cross-examined by the Prisoner. I was standing on the opposite side of the road—I afterwards took you back into the yard.
He also PLEADED GUILTY to a conviction of felony in March, 1880, at Clerkenwell, in the name of Charles Dalton.— Eighteen Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
MR. WILMOT Prosecuted.
GREGORY BARBER . I am a carpenter, and live at 70, Birmingham, Street, Canning Town—on Wednesday night I was going home a little before 11 o'clock—I was turning the corner of the Windsor Castle public-house when I saw the prisoner—Webber was with me; I had known him before for some years; I took him in to stand a drink—I called for some ale—I changed a sovereign to pay for some gin, and, I changed a half-crown to pay for the ale—I put the half-sovereign change in my waistcoat pocket, the remainder in my right-hand trousers pocket—when I got outside the prisoner followed me—some distance from the house he jumped on my back—he put his hand in my pocket and took out 17s; 6d., more or less—I struggled with him; he got away—Jane Webber tried to stop him; she said "You shall not rob him"—I gave information to the police the following morning—I next saw the prisoner in custody—that was the Tuesday following the Wednesday when, the robbery was committed—I charged him with robbing me—at first he said he did not know me, and then that he would go to his brother and tell him that he had got locked up—I am sure it was the prisoner, I know him personally.
JANE WIBBER . I was also at the Windsor public-house with Gregory Barber—I have known the prisoner two years by sight—Barber paid for some drink for myself—I left in company with the prosecutor—wnen we had got some distance the prisoner came, behind and pushed or knocked the prosecutor down, or picked him down—I did not see him jump on his back—I cried out "Police! Murder!"—I said "Twits, you ought to be ashamed to try and rob a man"—Twits is the name I know him by—Barber was the worse for drink; I was sober.
Cross-examined by the Prisoner. I believe the prosecutor changed a two shilling piece.
WILLIAM CROW (Policeman K 317). I apprehended the prisoner on 23rd November in the Victoria Dock Road, Canning Town—I had received information of the robbery—I told the prisoner the charge—he made no reply—I took him to the police-station—he remained there till Barber came and identified him—Barber did not know him at first—then the prisoner called him by name, "Barber."
GUILTY . He also PLEADED GUILTY to a conviction of felony in May, 1879, at Little Ilford.— Twelve Months' Imprisonment.
Before Mr. Recorder.
MR. WILMOT Prosecuted.
JOHN TAYLOR . I am a labourer, of Greenwich—on 25th November I was binding celery in a shed; the prisoner was washing it, and three other women were there—a person fetched me some brandy, which I put in my pocket, and afterwards missed it—a woman beckoned to me to say that the prisoner had taken it—I taxed her with it; she denied it, and offered to get me some more, but I would not accept it—I went home to my dinner, and when I came back the prisoner was there—a gentleman paid her 7d. for some celery, and she got some ale and asked me to drink, which I did—I only said to her "Hurry up," but some of the women made a jeer at her—she picked up a table and threw it at me—it did not strike me; I picked it up and saved myself with it from a brick, which she threw at me; she then picked up a knife and threw it at me, and I felt a sudden blow through my coat, waistcoat, and trousers—I reeled, and a young woman pulled the knife out of my side—I was taken home and attended by a surgeon.
JANE GOLLOUGH . I live at 14, Middle Street, Deptford, and work for Mr. Shepherd, a market gardener—I was crossing the road by a shed, and Taylor asked me to take a knife out which was sticking into his back—I took it out—this is it (produced)—I saw the prisoner there.
MONTAGUE PERCIVAL . I am a surgeon, of East Greenwich—on the morning of 25th November I attended Taylor at his house; he was suffering from a wound in the right lumbar region, two or two and a half inches deep downwards from right to left, and a little more than an inch broad—it had bled much, but internally—he seemed exhausted from loss of blood—he was a fortnight under my care, and was in danger the first two days from internal hæmorrhage—this knife would cause it, but it must have been thrown with considerable force.
JOHN STENT (Police Inspector R). On the morning of 25th November the prisoner came to the station and gave herself up—she commenoed to make a statement, and I told her to be careful, as what she said I should take down, and it would be used in evidence against her before the Magistrate—I wrote this down, and she put her mark, and signed it: "I, Ellen Connor, of 6, Marsh Lane, Greenwich, wish to give myself up; and I admit that at 4.30 p.m., 24th November, 1880, as John Taylor, of 3, Magdala Terrace, Greenwich, did call me on Irish cow and a b—thing, and told me to go away as a dirty old sow, and then at a few minutes later when he was passing me he said, 'Ho, ho, Pat," two or three times, I then, on the impulse of the moment, picked up a trimming knife that was lying beside me and threw it at him, but did not know if it struck him or not. I was preparing celery for the market, and continued doing so until about 5.30 p.m., when I ceased my work for the day. I formerly did the domestic work of his house for about four years, and I ceased so doing about twelve months since. The knife found is the one I threw at Taylor."
GUILTY of unlawfully wounding. Recommended to mercy by the Jury on account of the great provocation she received. — Two Months' Imprisonment.
MR. SMYTHIES Prosecuted.
BRIDGET REED . I am the wife of William Heed—on 12th October, about 7.55 p.m., I came out of our house, crossed over, and saw the prisoner beating a young woman, who was crying very much—the prisoner said" What are you looking at?" I said "There is no harm in looking"—he said "There is a b—deal, and unless you go away I will serve you the same"—I went back home and told my husband, who came out and said to the prisoner "Why did you insult my wife?"—he said "I will serve you the same"—my husband said "I don't think you will"—ha made a blow at my husband, who bobbed on one side and sot into the road—the prisoner said "Hold my jacket, Mary; now fight"—she held his jacket—he tied his braces round his waist and made a rush at my husband—they struggled, and the prisoner put his foot round my husband's leg, and threw him from the pavement—they fell together, the prisoner on top—my husband halloaed "My leg is broken, get off"—the prisoner paid no attention—I pulled him off by the collar and got before him—I had to use all my strength to keep him off—he then kicked my husband, who was lying on his back.
Cross-examined by the Prisoner. I am quite sure you kicked him—every word I have said is the truth.
WILLIAM REED . I am a labourer, of 4, Church Street, Deptford—on Monday night, 12th Oct., my wife, told me something, and I went out and said to the prisoner "I believe you have been insulting my wife"—he said "Have I?"—I said "Yes, what did you do it for? what did you call her a b—cow for?"—he said "What is that to do with you, you old s—?"—I said" A good deal to do with me if she cannot come and look without your insulting"—he held up his fist to knock me down, but I stepped back; he said to the girl "Hold these clothes," and then said to me "Now fight, you b—"—I sent for a policeman—the prisoner made a rush at me with his head in my stomach, and I fell with him on me—I said "Get off, my leg is broken"—he said "You b—, I will break your heart as well as your leg before I have done with you"—he was pulled off me, and then he kicked me on the side as I lay on the ground—I was carried into my house while he walked I behind me, using bad language—I was in the hospital seven weeks.
Cross-examined. You kicked me once—I did not strike you at all.
MARY ANN STEWART . I live at 28, Church street, Greenwich—on Tuesday night, 12th October, I saw the prisoner beating a young woman—Mrs. Reed came out, and he asked her what she was looking at—she said "There is no harm in looking"-Mr. Reed then came out, and the prisoner tried to hit him, but he went on one side and missed the blow—the prisoner then put his hand on his chest, using very bad language, and threw him into the road—Reed said "Go away, you have broken my leg"—the prisoner said "I will break your heart as well as your leg," and kicked him in the side while lie was on the ground.
JOHN BAKER (Policeman R 69). On Tuesday night, 12th November, a boy described the prisoner to me; I knew him well, and saw him in the Broadway—as soon as he saw me he began to run; I followed him. crying "Stop thief!"—I eventually caught him, and said "You will
have to come with me; I suppose you know what for"—he said "For breaking a man's leg"—I took him to the station.
Cross-examined. You said "breaking" a man's leg, not "hurting"-you were perfectly sober.
The Prisoner's Statement before the Magistrate. "Me and the young woman were haying a quarrel; Mrs. Eeed came and asked me what I was hitting her for. I said it had nothing to do with her. She called me a monkey, and said she would fetch a man. I said 'Go and fetch him,' and she went, and while I was talking to the young woman Mr. Reed came up and struck me on my jaw. I turned round and struck him back, and we fell. I got up again and my brace broke. I asked him to give me time. His wife said 'No.' He rushed at me again, and we both fell, and I heard him say 'Oh, my leg!' Another man hit me what carried him up, and I went to the house of Mr. Reed. I then went to Bermondsey and saw the policeman coining, and I ran and was. taken."
The prisoner repeated the above statement in, his defence, and called
CHARLES TYER . I work at Deptford Dock, and know the prisoner by sight—on 12th October I was standing outside the Oxford Arms, and Mr. Bishop and his young woman were kicking up a bit of a disturbance; Mrs. Reed came by, and told him he ought to be ashamed of himself—he said "It has nothing to do with you"—she said "I will let you see; I will make it to do with me"—I did not see her go in, but Mr. Reed came Out, and hit the chap on the side of his face; he took his coat off and hit Reed back again, and they got together, and fell on the kerb—Mr. Reed said "I have got my leg hurt"—I swear those were the words—I have known the prisoner six years off and on, but am not a friend of hit—I knew where he lived, and I knew his young woman—I live about half a mile from him; we have not worked together—I had not been in the public-house.
Cross-examined by MR. SMYTHIES. four men carried Reed away—I am a fat-buyer at gentlemen's houses.
GUILTY . *— Twelve Months' Imprisonment.
MR. HEWITT Prosecuted.
THOMAS ROOK . I am a cheesmonger, of Forest Hill—the prisoner was in my employ two months; his duties were to get orders, receive money, and hand it over to me as soon as he received it—I found that he had not paid me 18s. 10 1/2 d. paid to him by Mr. Stubbs, and discharged him, deducting it out of his wages—I did not tell him why I deducted it; he knew that.
Cross-examined by the Prisoner. Mr. Duncan is not in Court; he engaged you—I was there a fortnight or three weeks when you came—the shop was not mine when you came, but I was the master—the business became mine about a week after you came—Mr. Duncan dissolved partnership, and a sum of money was paid to Mr. Wiseman for the shop, which was then specified as mine, but there was no deed—Mr. Duncan did not engage you, but knowing I wanted a man he sent you down to me.
By the COURT. I did not engage him further than that; all he said was "You know who I am," and I said "Yes," and he acted as my servant—Mr
Duncan is my brother-in-law; he gave me the business—these debts were not incurred in his time, but since I have. had the business—the prisoner said nothing about wages—I paid him What I thought proper.
JUNE SWEETING . I am a widow, and live at 11, Moss Terrace, Forest Hill—I was a customer of Mr. Book, and paid the prisoner for him 1l. 1s. 1d. in the second week in November—he receipted this bill (producted).
THOMAS ROOK (Re-examined). I have not received 18s. 7d. from Mr. Baldwin, 1l. 1s. 1d. from Mrs. Sweeting, or 1l. 4s. 6d. from Mr. Stares nor did I know that those sums had been paid—I found it out afterwards by going round to collect the amounts, and then I saw the receipts—I spoke to my brother-in-law about it—I do not think I spoke to the prisoner about it; a policeman brought him to my house, but I do not think I asked him what he had done with the money—I gave him in custody on, I think, 19th November, but he was discharged on the 13th.
Cross-examined. I gave you 1l. a week and your board at first, and after—wards 30s. and 6d. in the pound commission on the orders got for outdoor business—I did not have 10s. a week left in the business—I paid you 8d. commission—I did not make up the book, but you drawed the 8s.—you came to me on 16th August—I do-not know when the business was handed over to me, but I think it was on a Thursday; I have no writing to prove that it is mine.
By the COURT. I have no proof that the prisoner received this money on my account as my servant, but if Mr. Duncan was here he could prove it.
Before Robert Malcolm Kerr, Esq.
MR. WILMOT Prosecuted.
WILLIAM BROOK . I live in Farm Lane—On Sunday evening, 14th November, my little boy had gone out to fetch some milk from the Dairy Farm; shortly afterwards I heard a scream; I went out; James Manning was beating my wife with a stick; he struck her in the eye; he had hold of her shoulder or her hair—I got hold of him; his wife came behind and struck me with an axe on the head—I fell backwards—she struck me a dozen times; I got several bruises—my wife ran away with the axe—when I fell the prisoner fell on the top of me and started biting me—his own daughter got hold of his head and pulled him of—I had eight cuts on the head; one was a scalp wound, and X was in the hospital ten days—I did not use a hammer.
Cross-examined by James Manning. I did not strike you on the side of the head with the hammer—I and my wife did not throw you on the ground; it is all false.
Cross-examined by Mary Ann Manning. I did not strike you twice with a can and call you a b—old s—; you were out there first.
HARRIETT BROOK . I am the last witness's wife—my little boy went to fetch some milk about 5 o'clock—when he returned Manning was stand—I ng on his doorstep; the little boy was standing at the bottom with the milk in his hand—Manning said to the boy "Where have you been?"—the boy said "Nowhere"—I took the milk from his hand, and I said "You cowardly brute," and threw the milk over him—he struck me; I screamed—when my husband pulled me from him they closed together, had a struggle, and fell—as they fell Mrs. Manning ran indoors and fetched an axe and struck my husband with it; one of the blows I broke with my arm—when I saw the axe on the ground I told the little boy to pick it up and take it indoors—my husband did not use any hammer he was too helpless.
Cross-examined by James Manning. I did not throw the milk over you before you struck me—I never called you a b—old s—; I don't know why you struck the boy—you made no complaint to me when I pasted you.
Cross-examined by Mary Ann Manning. I told you to go indoors, you ought to be ashamed of yourself—I did not tear your dress or pull your hair; I never spoke to you.
FREDERICK BROOK . I am the last witness's son—I am 9 years old—I went out for some milk on Sunday evening; when I came back Mr. Manning started blackguarding me—he said I had been in the wash-house—I had not—he-hit me—mother came out to look—he struck her over the eye with a stick; she screamed, and father ran out—Mrs. Manning got an axe and chopped father behind his head and hit his face—I looked on—mother got the axe away and told me to run indoors with it—I brought out a hammer for father, but he did not use it; he was standing up against a tree—Mr. and Mrs. Manning had gone indoors—mother threw the milk over Manning, then Manning kicked the can out of her hand.
Cross-examined by James Manning. I had not been in the washhouse—it was the two boys Rose—I said "Go in and muck yourself"—you punched me as hard as you could.
Cross-examined by Mary Ann Manning. I did not make a hole in the washhouse—I did not tell you to go inside and do something three times—you said "If I get hold of you I will pay you out."
JOHN ROBSON . I am house surgeon at the Seamen's Hospital—Mr. Brooks was brought there on Sunday evening suffering from a lacerated wound on the scalp, a contusion, and an abrasion of the scalp; also a wound over the left eyebrow; there were teeth marks near the angle of the jaw and a bruise over the right elbow and an abrasion—he suffered from loss of blood and exhaustion—an axe would cause the wounds—have examined the axe—he was an inmate of the hospital ten days—the bite marks were not serious.
WILLIAM WOOTON (Policeman A R 13). I was called to this fracas on the 14th November last—the prisoners' and the prosecutor's houses adjoin; they are neighbours—I told the prisoners they would be charged with assaulting Mr. Brook—they said it was all through the boy.
Cross-examined by James Manning. There was a bit of a scar over your eye when I took you—I did not see any serious wound—it was a kind of out.
James Manning's Defence. It was all through the boy making a hole in my washhouse. I spoke to him; he gave me a saucy answer. I cuffed his head, and the woman, who is not his mother, threw the milk over me and hit me twice, and I gave her a knock back; I could not see whether I knocked her to the ground. Brook came out and struck me with a hammer. We closed; I hit him on the head with my hand; I deny hitting him with a stick at all. I bit him on the cheek to turn him over. Then he begged for mercy, and I went indoors and washed the blood from my face. The constable came and said I had better go to the station, and I went.
Mary Ann Manning's Defence. I told the boy about making a hole in the washhouse. He gave me a rude answer. I said, "Oh, you bad boy, what do you mean by calling me names?" Mrs. Brook and I had a few words. She snatched the axe away from me, and must have struck her husband with it.
GUILTY of unlawfully wounding. — One Month's Imprisonment each.
MR. WILMOT Prosecuted.
WILLIAM JAMES CHAPMAN (Policeman P 239). On Saturday, the 20th November, I was on duty in Heather Green Lane, Lewisham, about 11.50 p.m.—I saw the prisoners go up George Lane towards the Woodlands, which are gentlemen's houses—I lost sight of them; I waited in the road—I heard the geese making a noise in the rear of Hope Cottage; I got into the field—I saw Liversuch come through the hedge from the back of Hope Cottage; I went to him and asked what he was doing—he said, "What the b—h—has that to do with you?"—I said it had to do with me, and I wanted to know—he took hold of me and struck me with his fist; I caught hold of his handkerchief, and he cried out, "Jim, come up"—Verney came up and kicked my feet from under me; I fell on my back; Livereuch. fell on the top of me; I struggled and got up; Liversuch took a knife from his waistcoat pocket and cut both of these two handkerchiefs asunder as I had hold of them; they were round his neck then—he said, "Now, you b—, you shall have it"—I struck him on his hand with my truncheon; he dropped the knife; I picked it up—he ran into a mud pond at the side of the road; Verney got away—I got Liversuch out of the pond, when a young man came along; I handed him the knife, and he followed us to the station—the following night I apprehended Verney in a public-house in George Lane—I said, "Toby, I want you"—he said, "All right, master"—when we got outside I said, "You know what I want you for"—he said, "Yes, for last night's job; my mate was a b—fool to pull that knife out at you."
Cross-examined by Liversuch. The gate was shut when I got over.
Cross-examined by Verney. You threw me on my back twice.
Re-examined. Liversuch cried out, "Jim, where is your knife?"
Liversuch's Defence. I went to ease myself. I said I had done no harm. The policeman tried to strangle me. When I cut my handkerchief he knocked me down in the road with his staff, and knocked my senses out of me. I never stabbed at him at all. There is no pond there; it is only a ditch.
Verney's Defence. I had come from Lewisham, where I had done some work. Liversuch said there was a chance of a job at shoring. We were going to Weston, when I was taken queer with diarrhoea, and I went into the field. Then I met the policeman. He apprehended me.
NOT GUILTY .
Before Mr. Common Serjeant.
149. NICHOLAS BENNETT** (20) to burglary in the dwelling-house of Albert Baker, and stealing nine spoons and other articles, his property.— Fifteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
MESSES. COOKE and BURNIE Prosecuted.
ROSE WELCH . I am barmaid at the King's Arms, Lower Kennington Lane—on 18th September, about 3 p.m., I served the prisoner with some gin; he tendered a half-crown—I put it in the tester and told him it was bad; he said that he did not know it—I broke a piece out of it, this is it—he did not pay me.
Cross-examined by the Prisoner. You said that you got it at the Cross Keys in change for a sovereign, and you were discharged for that reason, after being remanded.
HENRY EDWARD LEWIS . I keep the King's Arms—on 18th September I came into the bar just as the prisoner came in—I did not hear what was said—I said "Where did you get this?" he said "At the Cross Keys, Blackfriars Road, in change for a half-sovereign;" I said 'Where do you live?" and he said "In Waterloo Road," and that he was going over London Bridge to buy a pair of boots—I gave him in charge with the half-crown, this is it.
Cross-examined. You did not say that you were going to Brixton to buy some boots to sell—my place is a mile and a half from Brixton.
THOMAS MEE (Policeman L 168). I took the prisoner; he said that he was going over London Bridge to buy a pair of boots—I searched him at the bar, and found a florin, one shilling, a sixpence, and some coppers, good money—I received this half-crown—the prisoner was remanded and discharged.
Cross-examined. You did not say that you got the money in change for a half-sovereign.
CHARLES WILLIAM PALMER . My father keeps the Portland Arms—on 6th November I served the prisoner with some beer; he gave me a half-crown, which I took to my father in the parlour, and found it was bad—my father went into the bar, and the prisoner had gone, leaving his drink—I put the coin on a shelf at the back of the bar and afterwards handed it to King; this is it—I had not seen the prisoner before, but I picked him out from eight others, and am certain he is the man.
FRANCIS EWAN . I am engaged in a confectioner's shop, 17, Charing Cross—on 12th November, about 7.30 p.m., I served the prisoner with some cake, which came to 6d.; he gave me a half-crown, I gave him two
single shillings change and then picked up the half-crown, and it felt light—I said "This is bad," and he ran out—I followed him and pointed him out to King, who ran after him, and I saw him brought back—I gave the bad half-crown to King—this is it, I know it by King's mark.
BENJAMIN KING (Policeman A 138). On 12th November, about 7.20 p.m., I saw the prisoner run out followed by Ewan—I ran after him and caught him in New Street without losing sight of him—I took him back and he was given in charge; he had this cake with him with the name and address of the shop on the paper—I charged him—he said that he got the half-crown in change for a half-sovereign at the White Horse, in the Strand—I found on him a good half-crown, one penny, and two shillings—the shop was about a quarter of a mile from Mr. Palmer's—I went mere next day and received this half-crown.
Cross-examined. I was close to the door as you ran out.
The Prisoner produced a written defence stating that he received two of the half-crowns in change for a half-sovereign, but denied all knowledge of the case on November 12th.
He then PLEADED GUILTY** to a former conviction of unlawfully uttering counterfeit coin.— Five Years' Penal Servitude.
MR. POYNTER Prosecuted.
FLORA LAMBEBT . I am the wife of Gustavo Lambert, of 28, Waterloo Road—I had apartments to let, and the prisoners called at about 4.30 p.m.—I took the prisoner Eliza upstairs, leaving Alfred in the passage by the street door, the parlour door was shut, not locked—when we came down he was sitting on the parlour door mat in the same passage—he smelt of rum—he took some books out of his pocket and dropped a pair of gloves at the time; I picked them up when they left, but did not know they were my husband's—I then went into the parlour and missed these pipes and cigar holders (produced) from the chiffoniere—I had seen them safe at 9.30 the evening before—the prisoners did not engage the apartments—Alfred, produced a letter directed to him.
Cross-examined by Eliza Smith. You never went into the parlour; you kept talking, and I wanted to get down to my business—we talked afterwards in the passage for ten minutes.
JOHN LAURENCE (Policeman S 74). The prisoners were given into my custody on 12th November, at Twickenham, on another charge—I found on Alfred these two purses, this corkscrew, and thirty pawn-tickets—the landlord said "The prisoner has left some pipes at my house as security for a bill for lodging" and fetched them—I said to Alfred "Are these your pipes?"—he said "Yes"—I naked him how he accounted for them—he said that he had had them in his possession two years—as I took him from the Court he said "Did you go to Roupell Street?"—I said "Yes, but they know nothing about you there or the name you gave of Smith or Sturges (The female had said that she went by the name of Sturges)— he said "Why, if you had inquired for the name of Force they
would have known her; her first husband's name was Force"—I said "Then you are not married"—he said "No, but we have been living as such for the last two years"—on 27th November, going to the Court, I said to him "I can't make out' anything about this young woman who was with you; her name appears to be Fossett"—he said to her" Is your name Force or Fossett?"—she said "Neither; let them find out if they want to know, I shan't tell them anything."
Cross-examined by Alfred Smith. I do not remember your saying that you did not want the pipes because you did not smoke—you showed me a letter, but I did not read it.
AMOS TUCKWOOD . I keep the Alma Tavern, Twickenham—the prisoners stayed there from Thursday, November 11, to Friday, the 12th, when Alfred Smith asked me to make out my bill and he would settle—I made it out, and he produced these pipes, tobacco pouch, and cigar-holders and cases, and said "I will leave these, they are worth more than my bill will come to, and I will bring the money and redeem them to-morrow"—he afterwards said "within a day or two."
Cross-examined by Alfred Smith. It was nearly 12 o'clock on Thursday night when you came—you had been drinking—you had breakfast downstairs next day at 10 o'clock, but you were up and down stairs all day—you did not say that you would leave the pipes till to-morrow as you did not smoke; you were smoking nearly all the time you were there—you said that you brought the pipes from America, where you kept a tobacco store.
Re-examined. You were smoking one of these pipes, and you broke one of them by dropping it on the platform.
Alfred Smith produced a written defence, stating that he got drunk and had no recollection what happened.
Eliza Smith's Defence. I know nothing about it. I had nothing to do with it. I never touched the pipes.
ALFRED SMITH— GUILTY .
He then PLEADED GUILTY** to a conviction at Nottingham in 1876.— Five Years' Penal Servitude.
ELIZA SMITH— NOT GUILTY .
MR. RIBTON Prosecuted; MR. BESLEY Defended.
JOSEPH DICKASON . I Jive at the New lands, Peck ham Rye—I am a dairyman—I had a stack of hay in an 18 acre field near my house—on December 6th, from information received, I went and found it in flames—the value of the stack was 200l.; it was not all consumed—I saw two boys leaving the field, about 100 yards from the stack; the prisoner was one—Clarke was another—I stopped them both—I said "You have been and set that stack on fire"—the prisoner said "I have not set fire to it"—I said "Who has? you have only just come away from the field"—I could see no one else about—he said "It was not 'us,' or 'me,' it was two boys that go to the Bellington Road School"—I said "Do you know the boys?"—he said "Yes"—I said "What are their names?"—he said he did not know their names—I said "Should you know them if you saw them?"—he said "Yes"—I took his name and address; they went away.
Cross-examined by MR. BESLEY. The field is between One Tree Hill at Honor Oak and Nunhead Cemetery—the prisoner did not tell me who his father was—neither of the two boys attempted to run away—they came up to the house with me—I thought Cushen's address was sufficient—I found afterwards he was the son of Mr. Cushen, the contractor for St. Giles's Vestry for watering the streets—both these boys went to St. Mary's College—I sent a man on horseback for a fire-engine—I called out to the man as I went to stop the boys "There are two boys running away; I will go and stop the boys; you go off for a fire-engine"—I have settled with the insurance company for the fire—I have no wish to punish; I wish to recommend the boy to mercy—there was clover in the stack—I have not seen the boys making cigarettes of it.
Re-examined. The stack was insured for 150l.—the company paid 103l.—they gave up the salvage to me, and I agreed to that settlement—I gave the constable the address of the boy and the information I re-received, and left him to work the other out.
RICHARD PERCIVAL . I am a fireman at Peckham Road Station—on Monday, the 6th December, about 4.45 p.m., I was called to this hay stack at Newland; I found the fire had got a firm hold of it—it was not all consumed.
WALTER JOHN ENOCH CLARKE . I was 12 years of age last June—I live at 16, Asylum Road, Old Kent Road, with my father—on Monday, the 6th December, I was with the prisoner; I went to the same school with him—I had been there that day—I was turned out for not coming on Saturday afternoon—that was about 9.30—the prisoner was turned out about three minutes after me—we went by some water, and swam some boats about; coming home-we went to the stack of hay in a corner of a field at Newlands—it was then about 4 p.m.—before that I had gone as far as Oushen's house, and waited outside for him about an hour—he went into a shop near his house, and taught some matches; we went up One Tree Hill—we lit some going up the hill—when we got near the stack he said he was going to make a bonfire—he pulled some hay out, and lit the stack—he put the match in the hole he made—I put it out with my cap, and he lit it again; then he ran away, and it was too big a flame for me to put it out again—I then ran away with him—I saw no other boys in the field—Mr. Dickason spoke to us—when the constable came I told him something.
Cross-examined by MR. BESLEY. The constable was the first I told about it—that was on the Tuesday night, about 7.30—I told the Magistrate I did not think Oushen did it purposely—I am a day boarder and should have my dinner at the college—I had a note to take to my father to ask why I had not been to school on the Saturday—Oushen had one; he said he had got a note from his mother—he told me to say my father and mother were out and to play truant—I did not say it—I did not go to my father and mother nor back to the school—I know Kitchen and Everitt; I was once with Everitt, but I did not have any matches—Everitt had some fusees—I did not say to Kitchen "On One Tree Hill there is a hollow tree, and Everitt and I have laid a fire there ready to light it"—I said there was a hollow tree, but nothing about lighting a fire there—I did not suggest that Oushen should spend a penny in a box of matches, nor that we should make cigarettes out of the hay and smoke them—we made a fire in the hollow tree on One Tree Hill; Cushen was with me; that was
a long while before the other fire—I went without dinner that day—it was about 2 when Cushen came from dinner—I had got a penny—we got through a hole in the fence into the field—an old basket was found—I did not say "Let us put some hay in the basket and set it on fire"—he did not say it—we had some leaves and stuff in the basket, and he set a light to it; that was out of the field; that was before the rick was on fire, but after the fire on One Tree Hill—we threw the basket away; it would not burn—I did not see Cushen try to make a cigarette of the clover—I told Everitt we had been to One Tree Hill, not that we had lit a lot of matches and it had gone out—this was after dinner, but before the constable came—I had lit some matches—I did not tell Evernt the wind blew the matches out, and that we went for shelter behind the haystack, nor that one of the matches fell and as we left we saw the hay was on fire, nor that we ran away, nor that I said to Everitt "The stark is fired; say it was two other boys from the Bellington School"—that is what Everitt said to me and told me to say it—I have only played truant three times, all being this year—I have been at St. Mary's College two years—Blackmore brought some fuzees, but not for me, to light the fire on One Tree Hill; Everitt used them—I did not light any matches till the Monday when we were going to One Tree Hill with Kitchen—I never told Kitchen I was going to play truant—I have had matches, but not many—I did not contribute my pocket-handkerchief to the bonfire on One Tree Hill; we burnt paper and sticks and leaves—I did not say to Everitt it was quite accidental, only I did not think it was done on purpose—I told the Magistrate I tried to put out the fire with my cap.
Re-examined. I lit the fire on One Tree Hill the day the rick was burnt; Everitt did it the Monday before, I think—I do not know whether the boys are in the habit of playing with matches—nothing was said about cigarettes—I was with Kitchen two of the times I played truant.
THOMAS DURHAM (Policeman P 5). In consequence of information I received I went to Cushen's house on the Monday evening—I said to him, "Tell me what you know about the haystack"—he said, "I was in the field with another boy named Clark; I saw two other boys go up to the rick and pull some hay out, put a match in the hole, and set it on fire"—I said, "Do you know who the boys are?"—he said, "Yes, I do, they go to the Bellington Road Board School, and I can pick them out"—shortly after 9 the following morning I went with him to the Bellington School, but he failed to identify any one; I told him to look round and pick them out; he said they were not there—on Tuesday evening, about 6.30, I went and saw Clarke; in consequence of information Clark gave me I took Cushen into custody at his house; he came out with his father; I said, "I shall take you into custody for setting fire to the hayrick"—he said, "I did not do it; two other boys did it that ran away, and they go to the Board School"—I said, "It would be much better for you to speak the truth, as I know where you bought the matches"—he said, "I did not buy any matches, I had some loose in my pocket"—when near the station he said, "I did buy the matches; I did not intend to set the rick on fire wilfully—after he was charged at the station he said, "I did set fire to it; it was done accidentally, I did not do it wilfully"—I took that down at the time.
Cross-examined by MR. BESLEY. I had no idea I was doing wrong—I did not promise or threaten the boy; I only said, "It is better for you to speak the truth"—I believe I mentioned about the Bellington Rond School before the Magistrate.
The Prisoner's Statement before the Magistrate. "It was done accidentally."
Witnesses for the Defence.
HAROLD EVERITT . I shall be 13 the 24th of next month—on the Tuesday morning after the fire in school Clark said to me "Cushen and I went up One Tree Hill. We bought a box of matches, of which we lit some, and the wind blew them out. We went behind the haystack for shelter from the wind. Then we lit a cigarette, made of clover, and threw down the match, and when we were walking away we saw it in a flame. Then we ran, and a man came and caught us, and a policeman came to our house "He said he had told Cushen to tell the man that it was two boys at the Bellington Road Board School—he did not tell me any more because he did not want to be caught talking in school—I had played truant with Clark and Cushen once—Blackmore was with us; he bought the matches—we had a fire in a hollow tree on One Tree Hill—that is the only time I have been out with them.
Cross-examined. I have attended school two terms—I was expelled once—a boy's arm was broken—he hit me and I hit him back—I was away a week—the other day Mr. Stockley sent me home with a note for a slate, and I did not come back—he told me not to come again—I stayed away a day—that was Monday week—I heard of the fire on the Tuesday—a boy was between us; I do not know whether he heard the conversation with Clark in school; of course Clark whispered it, as he did not want to be caught talking—I do not remember the boy's name who was between us, I think it was Hook, because Hook told me he had got the same marks as I had—I told Cushen's lather about the conversation—one day he came to our house and put questions to me, which I answered; I think it was on the Friday.
re-examined. I told Mr. Cushen about the conversation at Mr. Marsden's office at the Vestry Hall—Mr. Marsden was present—Clark did not say he lighted the fire—I am sure he spoke of the cigarette.
EDWARD KITCHEN . I am 11 years old—on the Monday the rick was burnt I saw Clark and Cushen waiting in the road outside the house as I was going to school—I have been out with Clark and have seen him with matches, the last few times in the playground of the school—I have never seen the prisoner with matches.
ROBERT CUSHEN . I live at 6 Cambridge Terrace, Victoria Boad, Peck-ham—I superintend the watering of the roads for St. Giles's Vestry, Cam-berwell—the prisoner is my son—he will be 13 on Christmas Day—he has been an attendant at this school a twelvemonth last September—he came home to dinner every day—he is a truthful boy—I have not known him to carry matches—I produce a note his mother wrote for him to take back to one of the masters—he would have gone back if he had not been intercepted—I never saw Clark till I saw him at the station—Everitt made a statement at Mr. Marsden's, after the committal he made the statement voluntarily to the clerk, who took it down—one statement he made about the horse I thought was not true—I found afterwards a servant
had been sent on horseback, after the fire—I never knew my boy play truant—he was ill four or five days with his chest.
DONALD STANLEY WALTERS . I am a clerk of Mr. Stogden, who is assistant clerk of St. Giles's, Camberwell—Mr. Marsden is the clerk—I was present when Everitt came with Mr. Cushen—no suggestion was made to Everitt as to his answers.
NOT GUILTY .
Before Mr. Recorder.
NOT GUILTY .
ADJOURNED TO MONDAY, JANUARY 10TH, 1881.