CENTRAL CRIMINAL COURT
FOURTH SESSION, HELD JANUARY 31ST, 1881.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
OF THS MIDDLE TEMPLE, BARRISTER-AT-LAW.
STEVENS AND SONS, 119, CHANCERY LANE.
Law Booksellers and Publishers.
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, January 31st, 1881, 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 WILLIAM ROBERT GROVE , Knt., one of the Justices of the Common Pleas Division of the High Court of Justice; Sir ROBERT WALTER CARDEN , Knt., M.P., Sir WILLIAM ANDERSON ROSE , Knt., Sir JAMES CLAKKE LAWRENCE , Bart., M.P., and DAVID HENRY STONE , Esq., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Recorder of the said City; JAMES FIGGINS , Esq., SIMEON CHARLES HADLEY , Esq., GEORGE SWAN NOTTAGE , 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. FOURTH 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.
NEW COURT.—Monday, January 31st, 1881.
Before Mr. Common Serjeant.
MESSRS. CRAWFURD and LLOYD Prosecuted.
LOUISA HANWELL . My father keeps a coffee-house at 6, New Street, Covent Garden—on 5th January I served the prisoner with a cup of tea; he gave me a half-crown; I gave him 2s. 4d. change—I laid the coin on the counter; my father took it up—this is it—I know it by its being worn—two days before that a man had passed a bad shilling to me for a cup of tea—I gave him the change, and put the shilling in the till—the man had a handkerchief round his neck—I cannot say that the prisoner is the man.
JAMES HANWELL . I am the father of the last witness—I saw her serve the prisoner on 3rd January, about 9 a.m.—I was 9 or 10 yards off—she took his money, gave him the change, and put some money into the till—he left, and about half an hour afterwards I went to the till, and found a bad shilling at the top—there was only one other shilling there, a good one, and some sixpences—on the next Wednesday, about 2 o'clock, my daughter called my attention to the prisoner, and laid a half-crown on the counter before me—I found that it was bad, and said to the prisoner "Were you ever in my house before? Were you here on Monday?"—he said "No, sir; I have only come up from Yorkshire"—I said "Are you aware that you have given my daughter a base coin, a half-crown?"—he said "Have I; I will give you another one; I am very sorry," and gave me a good one—I gave him in charge; he then pulled out two good half-crowns, a florin, and four pennies—I saw no other copper—he said "Do not give me in charge: don't lock me up; I will give you my name and address"—I said that if he was an honest man he would give his name and address at the station-house—he gave his name Charles Griffiths at the station, but said "I shall give no address"—he had a muffler round his neck on the Monday, and on the Wednesday also, but folded in a different shape.
GEORGE STANNARD (Policeman E 216). On 5th January Mr. Hanwell took me to his house, where the prisoner was, and said "This man has tendered a bad half-crown for a cup of coffee, and I know him to have been in my house last Monday and passed a bad shilling, and I wish to give him in custody"—I said to the prisoner "Turn out your pockets, and let me see what you have got"—he showed me three good half-crowns, a florin, and fourpence—I searched his pockets, but found no more—Mr. Hanwell gave me this bad half-crown and shilling (produced)—the prisoner gave his name at the station, but said "I shan't give my address; I should be very sorry for my friends to find out that I have disgraced myself."
LINDSAY GILES TILL . I am a tobacconist, of the Haymarket—on 20th December, about 11.30 p.m., I served the prisoner with a twopenny cigar—he gave me a bad florin—I said "What is this?"—he said "Is not it a good one? I will give you another," and threw down a half-crown—I kept the florin, and said "I shall send for a constable; I do not know your face myself; if you are known I shall lock you up, if not you can go"—I sent a friend for a constable, but before he could get up the prisoner rushed out of the shop, leaving the half-crown there—he had not got the change—I ran out after him, caught him two doors off by his arm, and he struck at me, using foul language, and saying "You shan't take me"—I gave him in charge—he was taken to Marlborough Street Police-court next morning, remanded till the 23rd, and then discharged—this is the bad florin.
DOUGLAS HOWELL (Policeman C 291). I was called, and took the prisoner; I searched him at the station, and found on him 6s. in good silver and 4d. in copper—Mr. Till gave me this bad florin—the prisoner gave his name, but said "I won't give no address; I don't want my friends to know anything about it."
Prisoner's Defence. I was not aware that the coins were bad.
He then PLEADED GUILTY to a conviction of a like offence in October, 1879.— Two Years' Imprisonment.
MESSES. CRAWFURD and LLOYD Prosecuted.
WILLIAM FAYERS I am a chemist, of 586, Old Ford Road, North Bow—on 9th September I sold a powder, which came to 2d., to a woman; she gave me a bad half-crown—I bent it, returned it to her, and followed her with a friend—she joined Newton, who was on the opposite side—I gave them both in custody on the canal bridge—Newton almost immediately raised his hand, and gave a jerk towards the canal, and said "You are very clever; what can you do now?"—this was near the Midford Arms, about 10.30 p.m.—there was very little gas light—I gave evidence against them at Bow next day; they were remanded till the following Tuesday, and then discharged.
Cross-examined by Newton. I saw your action, but saw nothing leave your hand.
day before yesterday, having kept them by themselves all the time—they never left my possession—these are them (produced).
GEORGE BIRCH (Policeman 230 KR). About 15th or 16th September Young showed me some half-crowns which he had found in the canal—I had been to the spot with him the next morning to see if I could find them on the bank.
WILLIAM BUCKLE (Policeman 402 K). On 9th September I was with Goulding close to the canal bridge, when Mr. Sayers gave Newton in charge with a woman, who gave the name of Shepherd, for passing a bad half-crown at his shop—I took Newton—he said that he knew nothing about it—I think the woman's right name is Austin—I had Newton by his left arm; he put his left hand in his pocket—I released his arm, and as we got to the bridge he threw something into the canal—the parapet was on his left side—some people were round us, so that I could not hear anything fall—that was within 8 or 10 yards of where the three half-crowns were found.
Cross-examined by Newton. After you had thrown the coin away you took out 3s. 6d., and said "What do you think of this?"
RICHARD GUNNEY SCOTCHES . I keep the Gunmakers' Arms, Canal Road, Mile End—on 17th October, after midnight of the 16th, two women named Bailey and Carpenter came in, and called for a pint of ale; Newton and another man followed them in—Bailey, I think, tendered a good shilling for the ale, which came to 3d. and the four drank together—I gave sixpence and threepence change; they then asked for another pint, and paid with a sixpence—another woman then came in, and called for half a quartern of hot rum, and spoke to the others, and drank with them—she tendered a half-crown; I put it in a bowl in the till where we reserve large change, but where there was no other silver—the woman who had the rum left, and Newton and his friend followed, leaving Bailey and Carpenter in the bar—they called for a quartern of rum in a bottle, and tendered a bad half-crown, which I bent, and detained them—I then went to the till, and found that the other half-crown was bad; they were taken before a Magistrate and discharged—Bailey was afterwards taken on another charge; I gave evidence, and she was convicted here in November (See page 34)—on 7th January, about midnight, Newton came in, and I saw him tender a coin to my wife, who said "This is a bad one"—she doubled it in half, and threw it back—he took it up, and paid with good money—I recognised him, and followed him; I went over the bridge, and gave information, but he got away—my opinion is that he dropped from the bridge on to the towing path.
SARAH SCOTCHER . I am the wife of the last witness—on 7th January, about midnight, I served Newton with half a pint of ale, price 1d.—he tendered a bad sixpence; it bent easily, and was of a dark colour—I bent it not quite double, and gave it back to him, saying, "This is bad"—he said "Is it? somebody must have given it to me, but I cannot tell who; I changed a half-sovereign this morning"—he gave me a good shilling; I gave him the change and he left—my husband was in the taproom, and could see what took place; he went after the prisoner—I had seen Newton there several times before; the last time was in the spring, I think—he was not a regular customer—I have not the slightest doubt he is the man.
Cross-examined by Newton. I did not put the coin in the tester; I never knew a good coin to bend—the taproom door was not shut.
CHARLES CHAMBERS . I am a draper, of 117, Burdett Road, Mile End—on 10th January, about 9.45 p.m., Newton came in, followed by Hillier, and said "Give her some hairpins"—she said "No, I don't want any hairpins, I want some other pins"—I gave her a halfpenny packet of pins, and she gave me a half-crown; I bit it, put it in the tester, and bent it, so that it would not be possible to be passed again, and laid it on the counter for her to see it—she put down sixpence and went away, without receiving a halfpenny change—she said that they had been snowballing—I am positive of Newton because he had a little spot of blood under his chin—Hillier went to the door, and said "Alice, this is a bad one," but I did not see who she spoke to—Newton had gone out directly, and before she put down the half-crown; he was only there two or three seconds—she said "Go out," and he went out—about half an hour afterwards I went to the Salisbury Arms, and saw Hillier leaning across the bar; Newton was also there—I gave them both in charge.
JAKE PAYNE . I am barmaid at the Salisbury Arms, Burdett Road, Bow, kept by Mr. Payne, which is half a dozen yards from Mr. Chambers's shop—on 12th January, about 10 o'clock, two women came in, followed by two men—Arnold called for some beer, for which Hillier paid with three pence—the women drank the beer; I did not notice whether the men joined—Wood, who stood by himself, then called for twopennyworth of whisky warm—Newton was sitting down with the women—Wood gave me a bad half-crown, which I put in the tester; Mrs. Payne looked at it, handed it back to me, and I gave it to Mr. Payne—it was only bent a little—Wood said nothing to me, but went over to the others and said "Jack"—they all tried to get out, but Mr. Payne stopped them—he did not think it was bad at first, but I was certain—I never lost sight of it; this is it—Mr. Payne knocked this piece out of it.
JAMES PAYNE . I keep the Salisbury Arms—on 12th January, shortly after 10 o'clock, I was in the bar opposite the prisoners—the last witness showed me this half-crown; I bounded it on the refrigerator, and thought it was good—Wood was about four feet from me—I tried it in the tester, and broke this piece off—I asked Wood how he accounted for having it in his possession; he said that he took it of a tram conductor—I asked if he had got the rest of the change, but he would not satisfy me—he offered to pay with good money—he refused to give me his name and address—I did not notice the other prisoners—I opened the flap, and Wood ran away; I ran and stopped him at the door—I called "Police!" and Chambers came in and gave the other prisoners in charge—Wood offered resistance on the doorstep, but I took him back and gave him in custody.
Cross-examined by Newton. You all wanted to escape when we only had one constable there.
Re-examined. The prisoners were very violent; we got them into the taproom, and shut them in till we got further assistance—it took six constables to get them to the station.
Cross-examined by Wood. You did not say "Let me go and see the conductor"—you struggled very hard to get away.
WILLIAM GOULDING (Policeman K 379). On 12th January, about 9.30, I was called to the Salisbury Arms, and Mr. Payne gave Wood into my custody with this half-crown with a piece out of it—Chambers gave me information, in consequence of which I detained the other prisoners—I
found three shillings and 6 1/2 d. on Wood, and one shilling and a half-penny on Newton, all good—Hillier was searched by the female searcher, out only a halfpenny was found on her—Newton laughed, and said that he knew nothing about it—he said at the station "There is only old Saunders on the bench to-morrow, we shall get off"—Mr. Lushington committed him next morning, and remanded the others to Mr. Saunders, who again remanded them for a week, when he then discharged Arnold and committed the others—Newton gave his name as Thomas Shepperd on 9th September—I received the coins from Young, and produce them.
Cross-examined by Newton. You were sober enough to be served anywhere—we had to put you all four into a room to keep you, and the two female prisoners were taken to the station in a cab.
Cross-examined by Wood. You were not intoxicated, but you had been drinking—the station is over a mile off.
JAMES FOOT (Policeman). I was called to assist Goulding, Fawcett, and the sergeant—I took the two females in a cab; they said at the station that they were innocent—Arnold gave a false address, and Hillier refused hers.
WILLIAM WEBSTER . This is a bad half-crown—these three coins fished out of the canal are bad, and from the same mould, but not from the same mould as the one uttered—I was examined in Bailey's case last November, and saw two half-crowns and a florin, which were all bad.
Newton in his defence dated that he too* helping to unload four ships at Gray's cement works at the time the money was passed at the Gunmakers' Arms, and was there for a fortnight, and that as to the coin which Hillier passed, he did not know that it was bad. Wood also denied knowing that the coins were bad, and complained of having lost his employment.
NEWTON— GUILTY .— Eighteen Months' imprisonment.
WOOD— GUILTY .*— Twelve Months' Imprisonment.
HILLIER— NOT GUILTY .
MESSRS. CRAWFURD and LLOYD Prosecuted.
CHARLES ROBERTS . I am a hosier of 14, Hemming's Row, Charing Cross—on 13th January, about 8.45 p.m., I served the prisoner with a gentleman's under shirt, price 2s. 6d.—she tendered a bad half-sovereign—I said "This is a bad one"—she said "Is it? a fellow gave it to me outside"—I gave her in custody with the coin.
GEORGE BENBOW (Policeman C 240). The prisoner was given into my charge with this coin (produced)—I said "Have you any more money?"—she said "Yes, all I have got is my own," and pulled out a handkerchief, with three good shillings tied in a corner of it, and two good sixpences—she had a purse in her hand—I asked her if that was all the money she had got—she said "Yes"—I said "Where did you get it from?"—she said "Two young men gave it to me out of St. Martin's Lane; if you go with me I will show them to you"—Hemming's Row goes out of St. Martin's Lane—I went with her to the corner of Hemming's Row and St. Martin's Lane, and asked bar if she could see any one she could point out to me; she said "No, they
are in a public-house up St. Martin's Lane"—I did not go there; I took her back to the shop, and Mr. Roberts gave her in custody—when she was charged at the station she pulled this shilling from her clothes and gave it to the inspector, saying that the young men gave her that too—it was bad—she was then searched by the female searcher, who found some new silk handkerchiefs but no other coin—she gave a correct address.
Prisoner's Defence. A gentleman took me into a public-house, gave me the bad half-sovereign, and told me to get a flannel shirt. The man told me it was bad, and when I took the policeman there he was gone. The gentleman gave me the shilling to keep for myself and the half-sovereign to pay for the flannel shirt. He came with me from the public-house and showed me the shop.
NOT GUILTY .
OLD COURT.—Monday, January 31st; and
NEW COURT.—Tuesday, February 1st, 1881.
Before Mr. Recorder.
MESSES. BESLEY and CALVERT Prosecuted.
JOHN BOBERTSON REEP . I am a solicitor, and am a member of the firm of Reep, Lane, and Co., of 3, Queen Street Place—I am solicitor here for the Munkedals Aktin Bolog Company, of Udlevalla, Sweden, who manufacture wood pulp paper—at the latter part of 1879 these three bills were sent to me by that company, upon which we were instructed to sue the prisoner. (Alfred Rhodes proved the prisoner's handwriting to these bills and to the various documents as they were produced in the course of the case.) We recovered judgment on two of these bills on 8th January, 1880, amounting to 575l. 14s.; and on 3rd February we recovered on the other for 139l. 17s. 6d.—we issued a fi fa on the goods of the debtor, but did not succeed in getting a farthing—he was living in furnished lodgings—there was a fourth bill for 150l. 8s. 7d.—we did not take proceedings upon that, it was no use, the result of our inquiries was not satisfactory.
Cross-examined by the Prisoner. The bills were handed to us by Messrs. Lambert—we were originally instructed on the 4th December, 1879, but we did not take proceedings then; we didn't choose to incur the expense of getting parties from Sweden; we thought it was a long-firm case—it was looked on as a bad debt.
GUSTAVE GROEGER . I represent the (Swedish Paper Company—I am chief clerk and foreign correspondent—the correspondence in reference to the orders given by the prisoner came to me—in April, 1879, we got this order from prisoner—the goods were sent—a bill for 85l. 5s. 1d. was paid 5th August, 1879—the second for 159l. was paid—none of the subsequent bills were paid—they were given for paper supplied—when the first bill was dishonoured I got this letter, 8th October, 1879—we had at that time parted with paper to the value of 1,100l., of which only 250l. had been paid—we got this letter on 4th November, 1879—when the first bill was dishonoured we telegraphed to stop the goods—our
total loss is about 900l.—we thought the prisoner was carrying on a large business—I came to England last month, and saw one ton of our paper at Brown and Co.'s, and 19 tons at the Surrey Commercial Docks, and threet tons at the Globe Wharf—the price of the paper was 15l. a ton, which was a low price.
Cross-examined. There was a letter about 29th April respecting 20 tons per month—I did not in that letter stipulate that on no account would we be behindhand in any one month's delivery—we can't be responsible for the irregularity of steamers—you were introduced to us by Mr. Herker, of Newcastle, an agent of ours—we didn't place it with you for sale—you said you had orders for them and had sold them—you paid 85l. on the first order, and 160l. for the second—you paid quarterly—we didn't ship any goods in November—the September goods were shipped in October—the last bill we had from you was 138l. 13s. 8d.; that has not been paid—there was another for 292l., 17s. 8d., at three months, which was dishonoured—we stopped the goods by telegraph—we returned the bill to our agents, not to you—we could not tell where you were—the 10 tons delivered to Messrs. Lamberg in October, 1879, I believe they still have.
PERCY YOUNG . I was in partnership with a Mr. Brown as wholesale stationers—in November, 1879, we were introduced to the prisoner, and he asked us to make advances on some paper in the Surrey Commercial Docks and Globe Wharf; about 37 tons—he said "I can let you have it at a price, but can't give you the warrants, having got advances from the Globe Company and Levy and Co."—he sold us the paper at 13l. 10s., and we paid 40l. in cash on 28th November, 1879, and two bills for the balance—we paid off the loans, 333l.—in January, 1880, the prisoner brought a warrant for cigarettes and some potted meat—our transaction with the prisoner came altogether to about 800l.
Cross-examined. We advanced you about 30l. or 40l. to start with—I cannot tell, without the books, whether our first transaction was for 129l. 19s.—I have no right to the books now—I had principally to do with the banking part of the business; Mr. Brown has the books—about 10th August you asked me to send you some money—you may have offered me this paper at 16l. or 17l. a ton—I was not the buyer, Mr. Brown bought it—on 20th August we received from you a debtor's summons for 302l., and we filed our petition for liquidation after that, not in consequence of it—I came to your office with my father on one occasion to know how much we owed you. (Letters of 10th and 14th August, 1880, read.) I never promised to go into partnership with you—we never had as much as 600l. worth of goods from you—you made a most ridiculous claim, and we should have prosecuted you, but Messrs. Williams took it out of our hands—we had goods from you—I gave you cheques for 50l., 30l., and 20l., they were in exchange for your cheques—I was not present at the meeting of creditors—we did not owe you 300l., you owed us money.
Re-examined. The prisoner attempted to prove for 302l., but his proof was rejected—all the cheques I gave the prisoner were honoured; his last cheque was not, and we stopped the goods—our transactions were from November, 1879, to June, 1880—he owes us 474l.
then 10l.; in all 160l.—I was paid off in cash—there were 20 tons of paper.
Cross-examined. I believe you were introduced to me by the directors of Globe Wharf—there was a cheque of yours for 8l. for charges—I paid that while you were out of town, and you have since repaid it.
Re-examined. I lodged the warrants and gave delivery orders against them—on the 8th October there were 50 kegs of soap, value 20l., and on the 12th October 30 kegs.
JOSEPH ROTHSCHILD . In January last the prisoner was introduced to us; he said he was a merchant and shipper, 21, Great Winchester Street—he bought cigars to 10l. 2s. 6d., which he paid in cash—then he said "I can do an extensive trade, I have two travellers"—afterwards he had goods to 22l., but did not pay—we afterwards got these letters from him, and he said "Two partners are to join me"—we sued him, and in answer to the Judge's summons he said he was living on his friends and had no means—this was early in August last.
Cross-examined. You were introduced to me by Mr. Kisby, supposed to be a solicitor—he gave you no character—he said we were to act on our own responsibility.
PERCY PRESTON . I am a manufacturing stationer—in August, 1880, the prisoner sent a post-board or letter to us asking that our traveller should call, and he did so, and took samples—we afterwards got this letter (Letter dated August 10, 1880, read)—I believed the prisoner was a merchant, and that the goods were to be shipped—we supplied goods to the amount of 40l. (Letter from prisoner to witness stating: "Goods must be at the wharf by Tuesday")—we had directions as to the marks to be put on the cases—we sent them early in September to the Globe Wharf, and drew this bill, which was dishonoured (Letters from prisoner to witness of September 27, containing the list of goods he proposed to purchase, and of September 28, giving four references, were read)—we got three answers, but before that we received these letters (Letters from prisoner to witness of October 6, 11, 11)—he had samples to send abroad to sell the bulk from—I believed the prisoner had correspondents abroad and wanted the goods for shipping as a legitimate merchant—when I called about the dishonoured bill, the prisoner said he had shipped the goods to New York, which I knew to be untrue—I then applied for a warrant on the 6th November.
Cross-examined. I cannot produce the post-card or letter, possibly it was mislaid—I had a traveller named Johnson, unfortunately—it was the duty of my travellers to call on merchants to solicit orders—it was not in that way that you were called upon—your bill of the 27th Nov. was presented twice and not paid—I took out the warrant about 11 o'clock in the morning—that was not before the bill was due—I acted under the advice of my solicitor—I didn't offer you four months' credit, nor did my traveller—I didn't ask you for any references on the first occasion—you cancelled your second order—I shouldn't have executed it if you had not done so.
Re-examined. I produce press copies of the original invoices—the goods were packed in tin cases for export—I believed that I was dealing with an export merchant—before the 6th November I received information about the prisoner, and I called and saw him—he said that lie had not forgotten that the bill was due, but if I would hold it over till Monday it should be paid—when I went on the Monday the door was
closed, and I think there was a notice on it that he had gone to Tunridge "Wells—I saw at Dyson's samples of the goods we had supplied—I believe that was after I had the warrant.
HERBERT SLADE . I was a licensed victualler, and bought cigarettes of the prisoner—I got this letter from him (Letter of October 23, 1880, offering pocket-books, &c., value 42l., for 30l., read)—afterwards he asked me to advance money on goods of which he sent a list—I declined.
Cross-examined. I never saw the goods—you asked me to lend you 5l. on them—I rather think it was blacking—I have not got the letter—I tore it up in front of your clerk—I knew you as a customer, not as a merchant.
WILLIAM HENRY DYSON . I am a shipper and bill discounter—before the 10th September last the prisoner came to me with an invoice of pocket-books, value 30l., and asked me to make an advance and then ship them—I declined, the amount being so small—on the 10th September I did make him an advance on these invoices—I gave him 15l., and he gave this receipt (Letter of September 6, 1880, from Mr. Towse to prisoner, read)—prisoner showed me this letter, and on that I advanced the money (Letter of November 6, from Mr. Towse to prisoner read).
Cross-examined. I am a Cape and Australian shipper—I am not a money lender; I am a bill discounter—I didn't know you as a merchant; I knew you as a colliery owner, as vaughan and Gudgeon—on the 10th September you called on me, and I advanced you 15l., as you said you were pressed for money to pay the fees.
EDWARD SCOTCHES . I am a manufacturer of soap—on 25th August my traveller brought me this card, an ordinary business card; I afterwards got an order from the prisoner for 2 cwt. of soap, coming to 2l. 4s.; I afterwards called; he said, "I do a very large trade, I have agents all over the world;" he asked for special terms for shipment; I gave him 20l. per ton less 5 per cent.—I afterwards got this order of 25th September, 1880, and this memorandum of 30th September or 1st October—I said, "Who are the customers?"—he refused to name them—I delivered 50 casks and afterwards 30; I got this acceptance for 47l. 13s. 6d., which has been dishonoured—the prisoner showed me a letter from, Buenos Ayres—afterwards, in November, I saw him and said, "I find the goods are not shipped; they are sold to Herndall"—he said, "They are not sold; Herndall will ship them, and I must wait three months for my money"—I went back to Herndall and to the prisoner again, and said, "Herndall says he paid cash"—he said, "Let it stand over a few days"—on 6th November the prisoner made an appointment for the 8th, but I never saw him till he was in custody—he told me he had put 12 of the sample tins, and that no one would see them; I told him it was a long firm transaction—I believed the goods had been really shipped till I found out the contrary—he mentioned that he had a customer for 7,000 casks of soap, but would not give me the name, and he gave me an order for 50 casks as a sample for that firm; he said he had not sufficient capital to buy the material; he said he would meet the bill first, his brother-in-law would let him have the money, that he was in Frederick Huth's, that he was dining with him that night, and I should have it in the morning—he then said his brother-in-law was out of town for a few days, but he must have the order for Buenos Ayres—he said, "Why not get the material on credit? If they will take bills I will
accept them;" I declined—he gave me a bill, but my; bankers would not discount it—he never gave me any money except 2l. 4s. for the first 2 cwt.—I parted with my goods because I believed he had large shipping transactions, that he had actual customers, and that it was a regular business.
Cross-examined. I did not introduce myself to you when I called as Detective Lawley—my traveller gave me the order for the 2 cwt. of soap; I was paid for that, after making several applications—you told me that your father had lent you 10,000l. to start in business, and you had lost 300l. by the bankruptcy of Brown and Young.
HENRY LAKE HERNDALL (Re-examined). These cheques are for advances on soap, 10l. and 9l.—he gave me this delivery order—afterwards I advanced 14l. on more soap—I am an Australian shipper in all goods—I got the delivery orders before I paid the money; it was an absolute sale, not an advance on consignment—I bought the goods per keg, not by weight—I never dreamt of sending them to Australia—Scotcher afterwards came and told me that the prisoner had said that only a small sum had been advanced—in March I advanced 20l. on cigarettes in bond, which was repaid in April—these (produced) are the documents I refer to—I never gave the prisoner a bill and receipt of the soap.
Cross-examined. I cannot find the receipt for the first 20l.—I deducted 1l. for charges that I had to pay—I have the invoice for the 30 kegs, I have lost the one for the 50—I called once at your office to ask what was the matter between you and Scotcher—you sent in the blacking to cover the 5l., and it is there now.
FOSTER BROWN . I was partner with Mr. Young—in October, 1879, we dealt with the prisoner for paper, about 37 tons; it is nearly all sold, some as low as 12l. 10s.; we paid the prisoner for some 14l. 7s. 6d., and the lowest price was 13l. 10s.—we failed last August, and the prisoner proved for 302l., but the claim was struck out—we paid 10s. in the pound—we failed because my partner bought largely of the prisoner with the partnership funds—every creditor without exception assented to the composition—I objected to the prisoner's proof, because the transaction had been without my knowledge with Percy Young, also that Young had paid him the full amount, and no debt was due to him.
Cross-examined. Our transactions with you amounted to about 800l.—we have lost on some, not on all—the highest price I paid per ton was 14l. 7s. 6d., and I paid the wharf charges in addition.
JOHN BECKWITH TOWSE . I am clerk to the Plumbers' Company—I wrote this letter to the prisoner; he never paid me the 17l. referred to in it—I also wrote this other letter to him for 2l. due by him to the Company—they have never been paid.
Cross-examined. You are a member of the Plumbers' Company, and I believe have been so about ten years—I thought you were a merchant and shipper—I always thought you respectable.
Re-examined. I knew nothing of the way in which you conducted your trade—the dinner was to have been given on November 16th.
Cross-examined. You told me you thought there could be trade done with the blacking, and I said you had better send me some—I had no
written order—I had no references—I thought you did business with him—it was on Scotcher's representation, that he believed you were doing a very large and genuine business.
THOMAS RICHARD DANES . I am a maker of blacking and varnish—I sent these goods to the prisoner, 14s. 6d., and afterwards goods to the amount of 15l. to be paid for in a month—I have had no money—the order came through our traveller.
ALFRED SWAINE TAYLOR . I am secretary to the Merchants and Shippers' Wharfage Company—goods came there in the name of the prisoner, paper and 80 kegs of soap transferred to Herndall—none of the goods have been shipped—three tons of paper are left—I never offered our Company as references for him—we were applied to, and I wrote this letter—I called on the prisoner in order to get his is consignments—we made advances, which were afterwards repaid—these three bills were given by the prisoner for advances—the delivery orders for paper were for delivery to well-known houses in the trade—the advances were on 26 tons of paper—64 rolls were delivered on the 11th to Boutland's van, 15 bales on tie 18th July to Brown, Young, and Co., and 270 rolls on the same day to the same firm—the prisoner paid part of the advances as the goods were taken away—the balance was paid by Brown, Young, and Co.—I believe about three tons were left—for the first part we had a delivery order on the Surrey Commercial Dock, and bills of lading for the second parcel—I should say it is not usual for a wharfinger to make advances on goods marked for shipment—none of the goods that I advanced money on were marked for shipment—they were imported for consumption.
Cross-examined. You have repaid all our advances, about 215l.—you paid the charges through Brown, Young, and Co.—your account with us was a fair account, a small one—I became acquainted with you through seeing your name in the shipping lists.
Re-examined. Our advances were always secured by the paper—we were repaid as the paper was delivered.
THOMAS ORCHARD . I am an engineer—I wrote this reply to an inquiry as to the prisoner's position—he was my tenant in Great Winchester Street at 70l. a year at first, afterwards at 40l. for a smaller room—he paid some instalments, but he left owing 87l.—he carried on business with a Captain Gordon—he showed me a telegram from his partner summoning him home about important business at Cyprus, saying Sir Garnet Wolseley had offered him the post of Assistant Commissioner in Cyprus—this was in December, 1878—when Gordon went to Cyprus the prisoner carried on the business in his own name; afterwards he spoke of taking partners having 1,000l. each—he showed me correspondence as to business transactions on which he was to make a large profit—I believe the prisoner was clerk to Gordon and Co.—I know that Gordon went to Cyprus; he owed me some money—he was never a partner of the prisoner—this (produced) is the receipt for the prisoner's last payment but one of rent—he paid altogether 70l.—he was there a year and a half; he owes me 87l. now—this is my letter; it was found on him by the police (This was dated 16th September, 1880, enclosing account for 87l. 3s. 2d., and stated that unless a large portion of the amount was paid he would be locked out)—during the time he was my tenant an execution was put in, and I had to claim the goods; that was about a year ago.
Cross-examined. I first knew you in December, 1878—I don't know how long you were with W. H. Gordon and Co.—I knew you there as manager—on 1st January, 1879, you took the office in your own name when Mr. Gordon was appointed by Sir Garnet Wolseley as a commissioner at Cyprus—I saw in the paper that Mr. Gordon was over here last July, and was presented at Court—you showed me a letter from a Mr. Hancock about his becoming a partner with you, and I understood you to say it was almost settled—I know you had some correspondent in Warsaw, and that you shipped goods to Stet tin—I remember the Anton running aground—I don't know whether your telegrams were addressed "Gudgeon, London"—that is a usual thing; you only have to register your name—you told me there was to be a partnership between Mr. Young and yourself.
HENRY BAIRD . I am ledger keeper to the Surrey Commercial Dock Co.—four parcels of paper, 19 tons, were deposited with us on 10th May, 1879, and on 21st 32 tons, to the order of the prisoner—we issued warrants on 18th June—the last parcel was transferred to Levy on 22nd August—we have the 19 left—the third lot was transferred to Herndall—the paper was delivered to different purchasers.
Cross-examined. The first two lots were delivered to Mr. Taylor, and the third to Mr. Herndall, none to Hunt and Sons—the marks on the packages were OG/Z—the bills of lading were always in your name, and the freights were lodged in your name—we still have 20 tons lying to the order of Crabb and Co.
HENRY FRYMAN . I am manager to Mr. Tidaine, a merchant and commission agent—the prisoner offered us paper in June, 1879; we bought in August—the paper was at Globe Wharf, Surrey Dock—we sent this letter to the prisoner of 15th August, 1879, also one of the 28th—the prisoner wanted us to get a buyer at 15l. but we could not get an offer at that price—on 28th August we wrote this letter (Read)—we had bought at that price on 28th August, and paid on 3rd September—on 6th September we bought two tons, on 11th September 16 tons, at 10 guineas a ton—on 23rd September I wrote a letter to the prisoner as to five more tons; nothing came of that—I also wrote this letter of 23rd October, 1879—after this the prisoner often asked us if we could place more paper for him; he asked about 14l.—we told him we could not get that price; we never bought until we had a customer—we paid no freight or charges; we always had five per cent, discount—the prices we bought at were the best that could be obtained at that time—we sold at 11l. 3s. 4d.—what we sold it for the prisoner declined for some time to do at the price we offered—the paper sent was samples—this letter of 5th September, 1879, refers to a third sale of 200 reams at 12l. 5s. per ton; five per cent, was deducted—I gave him a cheque for 23l. 6s. 6d. on 5th September on Martin's, the bankers, for 187 reams; also on 8th September a cheque for 24l. 18s. 8d., and on 16th September 156l. through Herndall.
Cross-examined. You asked 16l. and 17l. per ton for the paper—we told you it was unsaleable on account of its weight and size.
Re-examined. We knew that the paper was offered at a less price than at the mill in Sweden.
FREDERICK LAWLEY (City Detective Sergeant). I have only known the prisoner for the last two months; I knew nothing of him till the warrant was placed in my hands to be executed on 6th November last—I went to
the office daily for about ten days, but never found it open or any one there—I made inquiries in various parts of London, and on 22nd November, about 7 in the evening, I was in company with Halse, another officer, and saw the prisoner come from the Star and Garter Hotel, Anerley Road, Norwood—I went up to him and said "Your name is Oswald Gudgeon; I am a detective sergeant of the City Police, and I hold a warrant for your apprehension—he said "All right"—he requested me to read the warrant; I did so, and he said "All right"—I said "We have been looking for you for the last fortnight"—he said "Yes, I am sorry I did not come and face it out"—he then said "Who is going to appear for the prosecution?"—I said "Mr. St. John Wontner"—he said "On, I don't care about him; I have beaten him before, and will again"—I said "There will be in addition to the warrant the soft soap case, the potted meat case, the blacking case, and various others" (the warrant referred only to Speller and Preston's case, the pocket-books)—he said "Oh, there is nothing that I care about in them; they are simply matters of debt"—he was taken to Moor Lane Station—he there asked the inspector to read the warrant to him again—it was read again, and he made no reply—I found nothing material upon him—I subsequently went to the office at 21, Winchester Street in company with Halse and Rhodes, and brought away certain papers, among them some letters from the Swedish Company—there is an immense mass of correspondence; I have gone through the whole of them—I subsequently went to Mr. Ackers, of Horton road, Hackney, and received a large quantity of letters, books, and other things, which had been taken from the prisoner's office—I produce a list of the things found at the office; I nave not found any trace of moneys owing to the prisoner in respect of any goods—I found no day-book; I found a great number of unpaid bills—the price-book was given to me by Mr. Ackers.
Cross-examined. I found no letter on you from Mr. Holden—I followed him down to Anerley; you came out of the hotel to him, and I then arrested you—I didn't tell you that Mr. Wontner was getting it up for you this time—I went several times to your office—at last I got the key from Rhodes—everything that I found is in Court—I found no trace of a shipping business—the office was in the greatest state of confusion—I did not find about 100 shipping cards—I didn't find a single such card—there were plenty of newspapers in which you had inserted advertisements, which were never paid for—I called on Mr. Scotcher on account of an anonymous letter from Rhodes—I didn't tell Mr. Scotcher that he had no remedy against you except as a matter of debt—I heard that you went to Mr. Wontner's office to ask him not to take out the warrant—I have not done my best to keep your friends from you—the potted meat case and the electro case have not been proceeded with on account of the public prosecutor refusing to take up those cases—it was not because you had paid them; you have not paid them a farthing, so they say—you did as you have generally done, paid a small amount at first—I got this information from inquiries I made, extending over about two months.
EDWARD SCOTCHES (Re-examined). This (produced) is the bill for 47l. 12s. 6d., dated the 15th October, at three months; it was due on the 18th of January—I got these two receipts of the 8th and 12th October, amounting to 330l., from Globe Wharf—they are the receipts for the remoral
of the goods I sent—I received this telegram from the prisoner on the 12th October: "Have the goods gone down yet? Come up here as soon as possible. Have done good shipping orders to Buenos Ayres and Dantzic."
GUSTAVE GROEGER (Re-examined). I never sent any goods to the prisoner except those made strictly to his order—the prices were the same we charge to others—this was not writing paper, but brown and packing paper—we did not supply any other firm with paper of that size and weight.
SAMUEL TURNER (Police Inspector T). On 9th January, 1878, I was acting in reference to charges respecting Horn and Shuttleworth—I took the prisoner into custody on a warrant on that day at 21, Winchester Street—it was my duty to make inquiry as to whether he had been carrying on any business; the last apparently genuine trade was in Victoria Street—there was no trade for the last three or four years—I was present when he was tried before the Recorder with Horn and Shuttleworth—the Jury did not agree as to the prisoner—Gordon had taken their room about a fortnight before the prisoner's apprehension; the prisoner said he was managing clerk, confidential agent, &c.; he asked me to lend him a few pence to bring him away.
Cross-examined. I had been watching your movements for some time prior to your arrest—I know that you, Horn, and Shuttleworth were companions—Shuttleworth and you were living in the same house; you were turned out of one house and took another—it was proved at the last trial that you knew Horn; you took me yourself to Horn's residence when I was making inquiry about him—nine months prior to your arrest you were with Shuttleworth at 51, Bishopsgate Street—in Queen Victoria Street you had two rooms well furnished, but the landlord could not get his rent, and the bailiffs were in; the agent told me so—the furniture of the office would have cost you 200l., if you had paid for it—I saw you at Shuttleworth's office at Ludgate Hill two or three times at the commencement of December; you went there to fetch letters—you had only been at 21, Winchester Street 10 days prior to your arrest, and when I found you there were three of you enjoying yourselves with a pot of ale and long pipes—I read the warrant to you; the Baron, or whoever he was, tried to frighten me—Captain Gordon threatened me, and ultimately you came downstairs, and I took you into custody, and you tried to borrow some coppers of me, but you did not.
HENRY ALFRED STACET . I am Superintendent of Records in the London Bankruptcy Court—I produce a file of proceedings in the bankruptcy of Oswald Gudgeon—it was a creditor's petition, filed on 19th January, 1877, adjudicated on 12th March, 1877—his own statement of affairs shows indebtedness 9,848l. 0s. 4d—the disclosed assets were 500l., consisting of estimated commissions; nothing was realised, and the bankruptcy was closed on the 5th December, 1878—he had no discharge—I produce two other files against Bourne and Gudgeon; the first was dismissed; the second went to a discharge—that was in 1873.
Cross-examined. Your liabilities then were 257l.—the joint estate of Bourne and Gudgeon was 4,060l. 5s. 8d.—the creditors in that matter were in different parts of the world.
pass-book in that bank—I produce an extract from the rough daily cashbook—I find that the only cheque of Tidaine is for 23l. 6s. 6d. on Martin and Co.—there are cheques of Mr. Percy Young on Martin for 25l.
Cross-examined. The Dank was formerly Hartland and Co.—I was with them—you had a small account with them in 1872.
ALFRED RHODES . I was clerk to the defendant in July, August, and September last year—from what came under my notice I gave information to the police—during the latter part of the time people were calling asking for money; it became a regular nuisance, and some of them told me that I was as big a thief as my master; one in particular who travelled for Gordon's brewery in the Caledonian Road—he said he had called a great many times at the house, and was told to go to the office, and when he came there I always had some excuse—there was no day-book kept to my knowledge, nor any genuine trade carried on—I never saw any ledger in which accounts were kept of money owing to the firm—the prisoner did most of the letter writing himself; there was no book-keeping that I knew of—I did not send out copies of advertisements.
Cross-examined. I had no particular engagement any more than to come to the office; it was only a temporary arrangement; all you wanted was to have the office kept open when people called—I had been out of work about two months previous to coming to you—I was not discharged; I got sick and tired of it—I took one tin of soap that you gave me, and one bottle of blacking, which you said I could have—I never took any stamps; there were none to take—I went to the police in self-justification, to prove that I was not mixed up in it—I went to Mr. Scotcher, not about you, but because he promised me a job—for the last four weeks I could not get a penny from you—there was some correspondence between you and a Mr. Garvey about the sale of a slate quarry, but it fell through—I remember Mr. Young and his father coming to the office once—at first I was going daily between Mr. Young's office and yours, and I suggested a penny omnibus should run—you said there was to be a partnership between you, and that you had been about an office in Guildhall Chambers—I remember a notice coming in which you were scheduled as a debtor for 200l.—when you left the office there were about a dozen shipping cards there; the agents go round leaving them at all the offices—there were no Customs bills of entry, except one, for that week, and one for 12 months' subscription—the Public Ledger gentleman used to call once a month for his money, but he never got it.
Cross-examined. I have known you about 18 months—I went once with you to Mr. Herndall; I did not know him; he was merely mentioned to me as a person who advanced money, and you wanted an advance on the paper—I asked you to let me have the warehousing of goods imported by you—I saw your name in the Customs Registry as an importer of goods—I have received imported goods from you, not for export; five cases were sent by Herndall, and those were taken away again on their order.
ARTHUR TITFORD . I am in the employment of Messrs, Speller, Preston, and Henry—I saw the prisoner with referent to the transactions that have been spoken of; he told aw he was shipping them to America; they
were goods adapted for the American market, some of them specially made for it.
Cross-examined. I did not call on you in the ordinary way of business; I called in reply to a letter from you; I am almost sure it was a postcard—I did not ask you for a reference—Johnson, our traveller, left about six months ago; it is quite possible he may have called on you to solicit orders.
The following witnesses were called for the defence:—
FRANK POTTER . I am clerk to Williamson's, of Farringdon Road, jet ornament manufacturers; I reside with my father in Essex—I was formerly three months in your office—I remember a correspondent of yours named Brunner, of Warsaw; you received some orders from him for goods; you went to Colley and Joyce for samples, and sent them to Brunner, and received orders in return; on account of those orders you dispatched a vessel called the Rival with 250 tons of goods to go to Warsaw—I remember a Mr. Hancock calling at the office; I only saw him once; I believe he agreed to join you in the business—I have always known you as a merchant—the navigation was closed while I was with you; you told me that the goods could not be shipped to Brunner on account of the ice—I saw in the office your credentials as Consul-General of Siberia—I believe I have seen Mr. Williams at the office almost daily; I don't know his object in coming—you had correspondents in several parts of Europe; I remember about three.
Cross-examined. I was with the prisoner from January, 1879, until Easter—I went in answer to an advertisement—I did not want any salary; I went to learn business; the prisoner said he would give me 25l. a year; I had just returned from France, where I had been educated; this was my first situation; I knew nothing of the exportation of goods before—I saw no ledger or day book there—I never went to a ship's side to get a mate's receipt for goods; all I had to do was to put down the names of persons who called—I was then just on 18—I don't know of any money being paid for the goods sent to Brunner.
Re-examined. I believe Hanley and Williams attended to your shipping business; I was not supposed to attend to that—you paid me a salary, though I did not require it—everything in the office went on satisfactorily—I was not aware what the persons came for; they never expressed their business to me.
SIDNEY WILLIAMS . I was formerly in partnership with Mr. Hanley as ship and insurance broker—I remember the firm of Gordon and Co.; they were highly respectable persons; in 1878 you were their managing foreign correspondent—I remember Mr. Gordon going to Cyprus; just previous to that you were in Hamburg—I culled at the office frequently, almost daily—I can't say whether there was anything but genuine business transacted there—you professed to be a merchant and shipper; I can't say what you were—I chartered a vessel called the Anton for Gordon and Co.; I believe she got on the bar; she carried about 90 tons of Gordon's goods from Newcastle to Stettin; the second cargo was by the S. A. Sadler, consisting of about 150 tons; another one was the Rival, with 250 tons from Newcastle to Mr. Brunner, of Warsaw—I believe somebody else financed it; I had only to do with the chartering of the vessels; I had a cheque to pay the freight, but not from you—I never had a cheque for 400l. from Mr. Vorst; I had one for 83l., but it
was not your cheque—I gave you an introduction to Mr. Reid, the Belgian Consul at Newcastle—I may have described you to him as a merchant and shipper, and requested him to render you every service in his power—I know nothing of a transaction with Johnson and Ramsay, except from this letter of 28th May, 1879—I know that the freight was paid—I can't say about the goods—you showed me a number of documents.
Cross-examined. I have dissolved partnership since this—I carried on business with Mr. Hanley two years as ship and insurance brokers—the transactions were in William Henry Gordon's time, and one after Mr. Gordon left—I did not treat the prisoner as a partner in that firm—I knew he was a clerk there—the sole goods I shipped were two with regard to Gordon and one with regard to himself, about May or June, 1879—he gave me 10l.—we advanced him 20l.—he paid the expenses of my partner to Newcastle—he owed us in all about 39l., of which we only got 10l.—the sole business we did with the prisoner was in reference to the Swedish Paper Company—we took out sea policies on it, paid some cheques, and 3l. 18s. 9d. freight—we sent him this letter of 4th July, 1879, asking for a settlement—this other letter of 23rd September was written to him by my partner—we had previously summoned him for the balance, and this letter withdrawing the summons was written in the hope of getting paid, but it had no effect.
ST. JOHN WONTNER . I am the solicitor conducting this prosecution—I cannot tell without my diary when I was first called upon by Messrs. Speller, Preston, and Henry—I have not got my diary here—I had no notice that I should be required to give evidence—you called at my office and sent in your card—I cannot say the date—I did not see you—I advised Mr. Preston generally on this matter—he took out the warrant under my advice, I believe on 6th November—I don't think he showed me the bill that had been dishnoured; I am not sure—he informed me that he had called upon you that morning and presented it, and that you had not honoured it—I am not aware that it is necessary to present a bill more than once—I stated that I believed you would not appear to a summons—I stated that from my previous knowledge of you—I knew that the police had been looking for you, and that you were keeping out of the way—I informed Mr. Speller that as there were a large number of persons defrauded, amongst others persons abroad, I thought it was a case the Public Prosecutor might take up—the Alderman, agreed with me, and I represented the case to the Public Prosecutor, but he refused, and the Alderman said as the Public Prosecutor did not interfere, we could not call on the City Solicitor to do so—after that I forwarded the depositions to the Public Prosecutor, but he again refused, and said he thought the parties quite competent to prosecute for themselves; it was not on the ground that the case was a City case, in fact it was not a City case, all the persons lived out of the City, only your offices were in the City—I know nothing of your affairs since you were prosecuted here in January, 1878—other cases against you have not been brought forward because the various persons defrauded expressed their intention of not wasting their time and further money; they were willing to come forward if the public authorities prosecuted, but they were not willing to spend more money over you.
Cross-examined. On the prosecution against the prisoners Shuttleworth
and Horn I prosecuted on behalf of the Home Office—the prisoner then defended himself, and as to him the Jury were discharged without a verdict—as I acted for the Home Office then, and these frauds were exactly of a similar character, I thought probably the Public Prosecutor would undertake it; the expense to a private prosecutor is very considerable.
The prisoner in a very long address commented upon the various portions of the evidence, and contended that there was no proof of any fraudulent intention on his part, but that the transactions were of an ordinary businesslike character, that his connections were very extensive in various parts of the Continent, and that it was not till Brunner refused to receive the last portion of goods consigned to him that any difficulties arose.
GUILTY .— Five Years' Penal Servitude.
211. FREDERICK FEANCIS COPPING (31) , Feloniously forging and uttering an endorsement to an order for the payment of money, with intent to defraud; also embezzling 9l. 14s., received on account of Richard Millar, his master.
MR. KEITH FRITH for the prosecution offered no evidence.
NOT GUILTY .
PLEADED GUILTY .— To enter into recognisances to come up for judgment when called upon.
THIRD COURT.—Tuesday, February 1st, 1881.
Before Mr. Common Serjeant.
MESSRS. LLOYD and HEWICK Prosecuted.
HERBERT PRETTY . I live with my father at 8, Ashfield Place, a cork cutter—I am 12 years old—on 5th January I saw the prisoner and a stouter chap at the corner of Patterson Street—the prisoner said "Tommy, run over to that public-house and get me half an ounce of tobacco," pointing to the Fountain public-house—he gave me a shilling, which I gave to the landlord, who came out with me, and asked the prisoner what he meant by giving me the shilling—he said that he did not—the stout chap was then farther up the street.
Cross-examined by the Prisoner. You are the man who sent me in there is no lamp there—you did not wait in the same place—I could see that it was a shilling you gave me—I did not know you before.
ARTHUR JAMES HAMMOND . I keep the Fountain, Jamaica Street, Stepney—on 5th January, a little after 6, Pretty came in for half an ounce of tobacco, and gave me a bad shilling; he said something, and then went out at the front door, and I at the side door—I saw the prisoner at the corner of Oxford Street, about 30 yards from my house, with another man—I said to the prisoner "What do you mean by living
this boy a bad shilling?"—he said "I did not give the boy a shilling; I hare never seen the boy"—I gate him in charge—he was violent and threw me down—the other man made off—this is the shilling.
Cross-examined. The other man was close to you, and started off as hard as he could run.
GEORGE DIXON (Policeman N 364). I followed Pretty—I was in uniform—I asked the prisoner if he sent the boy into the public-house with the shilling—he said that he had not seen him before, but the boy said in his presence that he was sure he was the man—he did not hesitate—Mr. Hammond went into his house to get his coat, and the prisoner looked round—I said "What are you looking at?"—he said "I am looking for my mate, "but I saw nobody—he gave a desperate struggle and tried to get away—Mr. Hammond came to my assistance, and the prisoner pulled us both down—I took him to the station, searched him, and found this other bad shilling in his left boot—he had no pockets.
The Prisoner's Statement before the Magistrate. "I know nothing about it. I do not know how it came into my possession. I never saw the boy." GUILTY .— Twelve Months' Imprisonment.
MESSRS. LLOYD and HEWICK Prosecuted.
HENRY KENNETT . I keep the White Swan, Clerkenwell—on 23rd November, between 7 and 8 o'clock, I saw my barmaid serve the prisoner—he put down a sixpence; she tested it on a piece of slate and showed it to me—I broke it in halves—it was produced at the police-court—I said "Have you got any more like this?"—he said "I don't know"—I said "Where did you get it?"—he said "I don't know"—I said "Where do you live?"—he said "I am a travelling jeweller, of Goswell Street"—I said "Where did you sleep last night?"—he said "I don't knew"—I said "I shall want to know"—he ran out; I ran after him, brought him back, and gave him In custody—he was remanded for a week, and then discharged.
TERENCE WALTERS (Policeman G 882). I took the prisoner, and said "Do you know where you got this counterfeit sixpence from?"—he said "I do not"—Mr. Kennett gave me two halves of a sixpenee, Which I produced at the police-court—I accidentally lost my purse, and the pieces were in it and some money.
JOSEPH WILLIAM PORTER . I am a greengrocer, of 88, King's Cross Road, Clerkenwell—on 11th January, about 3.50, I sold the prisoner a head of celery, price 2d.—he at first gave me two pence, and then pulled them back and put a bad florin in my hand—I bent it in two and threw it into the road, saying "There is your money out in the road"—he made no reply, but walked out; I followed him and gave him in charge—I found the florin in the same place, and handed it to a policeman—this is it.
"Where did you get it?"—he said "I must hare got it from my brother on Saturday night," and gave his brother's address, 48, Corporation Row—I afterwards told the prisoner that I had been there and asked his brother if he had paid him any money on Saturday night, and that he said "No," and would have nothing to do with it—he said nothing.
Prisoner's Defence. I was entirely ignorant of its being bad.
GUILTY .— Twelve Months' Imprisonment.
MESSRS. LLOYD and HEWICK Prosecuted.
AGNES WEEKS . I am assistant to Charles Orblath, of 2, Weston Terrace, Stoke Newington—on 28th December, about 4.30, I served the prisoner with half an ounce of tobacco; he gave me a florin; I put it in the till without examining it—I do not know what was there—the prisoner came again about 6 o'clock for half an ounce of shag; I recognised him; he gave me a florin; I examined it, found it was bad, and handed it to Mr. Orblath, who said "Where did you get this?"—he said "I have just had it in change," and ran out of the shop.
ADA FANNY ORBLATH . I saw the prisoner come in about 4.30 on 28th December—he called for a twopenny cigar; Weeks served him and put a coin into the till, and he left—I looked in the till about an hour afterwards and found some half-crowns, shillings, sixpences, and coppers, but only one florin—I saw that it was bad, and put it in a drawer—the prisoner came again about a quarter to 6; Weeks served him; she showed me a florin, which I showed to my husband, who said to the prisoner "Where did you get this from?"—he said "I had it in change," and ran out of the shop, and my husband after him—this (produced) is the florin I took out of the till.
CHARLES ORBLATH . I am the husband of the last witness—I saw the prisoner in the shop between 5.30 and 6 o'clock—Miss Weeks handed me a florin; I tested it, found it was bad, and said to the prisoner "Where did you get this from?"—he said "I got it in change," and ran out of the shop—I ran after him; he was stopped before I lost sight of him, and I gave him in charge—I said to him "You have been here two or three times"—he said "I have not"—these are the two coins.
PETER MCHUGH (Policeman N 305). I took the prisoner; he said that he got the florin in change—he had a cigar on him and two halfpence—he said he had no fixed abode—Mr. Orblath handed me these two florins.
Prisoner's Defence. I took the florin in an omnibus in change for a half-crown.
GUILTY .— Six Months Imprisonment.
MESSRS. LLOYD and HEWICK Prosecuted.
MATILDA CHARLTON . My husband keeps the Fox and Grapes, Brewer Street, Golden Square—on 3rd January, between 5 and 6 p.m., I served Farmer with a pot of ale—he gave me a shilling; I put it in the till, and gave him 8d. change—about an hour afterwards he came again for another pot of ale, and I gave me a shilling; I gave him 8d. and found
that it was bad just after he left—I then went to the till and found a bad shilling, which I put in a glass on one side—these are the two shillings—four others were with him each time.
Crow-examined by Farmer. I did not mention the five other men to the Magistrate, but I did not say that you were alone—I do not recognise Davis as one of the five.
JAMES TODD . I am barman at the Fox and Grapes—on 5th January I saw the two prisoners there—Farmer called for some beer, and Davis said "We will have whisky"—they were served with whisky, and Davis tendered this bad half-crown—I broke a piece out of it, and gave them in custody with the coin—my mistress handed me these two bad shillings.
Cross-examined by Davis. I kept you waiting for the change because I had sent for a constable—I went outside once or twice—you were both together; no one else was with you.
EDWIN AYLWARD (Policeman C 220). The prisoners were given into my custody—Davis said "It is not likely I should change bad money when I had good in my possession"—I found on him a good florin and four pence, but nothing on Farmer—Davis said "I hare got no address"—Farmer gave a correct address—these are the coins.
Davis's Defence. The barman said "I have got no change, old man," but I could see shillings and sixpences there. I sat there drinking my whisky, and saw him run outside. I thought he was going for change. He came into the bar and said "I will give you your change in a moment," and went out and fetched a policeman. If I had known the half-crown was bad I should have gone out.
Farmer's Defence. I Know nothing about Davis. I never saw him before, and was never in the house before to my knowledge.
DAVIS— GUILTY, on Third Count. — Nine Months' Imprisonment. FARMER— GUILTY .— Twelve Months' Imprisonment
FOURTH COURT.—Tuesday, February 1st, 1881.
Before Robert Malcolm Kerr, Esq.
219. THOMAS RICHARD WILES* (19) , to three indictments for stealing a coat and other goods, the property of Harry Braham and others.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. EDWARD CLARKE, Q.C., and MR. GREEN Prosecuted; MESSRS. KEITH FRITH and LEVY Defended.
JAMES DAVIS . I live at 172, John Street, Clerkenwell—on the 11th of January I saw Roberts in a public-house in Clerkenwell—he passed and repassed me, and finally asked if I was prepared to buy anything—I asked him what he had to sell; he said he had some keeper rings, and invited me to come outside—I looked at the rings, and saw what I considered the Hall mark upon them—I asked him the price; he said 16 pence—I bought a specimen—I took it to the Goldsmiths'
Hall on that day—on the 14th I met the prisoner in Upper Street, Islington, close to where he resided—he accosted me, and asked me if I was prepared to buy anything—I asked him what he had about him—he said he had two keeper rings already gilded, two not being gilded, and in order to make up the half-dozen he would get the other two ready in a short space of time—I said I could do with half a dozen—he proceeded to work—he took some tools out of a small mahogany tool-box and punched what appeared to me to be a Hall mark on two strips of metal—these are similar tools produced and these are the rings—he took a pair of pliers, bent the metal round in the form of a ring, soldered, filed, engraved, and finished them all except the gilding—we both went to the gilder's, Mr. William Pigeon, of Jerusalem Passage, Clerkenwell, who came out and said it would take half an hour—I and the prisoner adjourned to the Crown for half an hour; we returned punctually and found them finished—I paid him 7s. 6d. outside Mr. "William Pigeon's shop and left him—I took them to the Goldsmiths' Hall—I saw the prisoner again on the 20th—I asked him what he had to sell—he said some keeper rings—I said "We will go into a public-house in John Street," and we went in front of the bar—he there pulled out half a dozen keeper rings—I saw the mark inside them—I paid him 3s. 9d. there and then—he then laid "I have several signet rings already finished"—I said "I do not want them"—he said "I have a gentleman's mourning ring being enamelled in Percival Street"—I went to Percival Street, and the prisoner brought out the ring and I accompanied him home, where he torched it up—immediately he had finished it he called my attention to the stamp in the inside of the ring—he said "You see the mark has come out all right"—I suggested we should go at once to Clerkenwell to get them gilded, and we went to Goswell Road—I said to him in the Goswell Road "I will turn in here" (that was into Mr. Lane's coffee-shop)—he said "Very well, I will be back in half an hour with the ring"—it was 7.30—precisely at 8 o'clock he entered the place—I said "Have you got it?"—he said "Yes"—I said "I must go for change"—he said "he, I will go for change," and he brought back 10s. screwed in a piece of tissue paper—he put the ring on the table and said "Is not that a beauty? feel the weight of it!"—I picked it up and immediately placed it on the table—he said "That is all right, isn't it?"—I said "Yes, it appears to me to be all right"—he was pointing to the mark inside the ring—I said "I have examined the three keepers and found the marks inside them"—a relative of mine was sitting at the same table, and heard and saw all that transpired—on the 21st I called at his premises in the afternoon—I pulled out a common silver Geneva watch and placed it before him—I said "I should like it gilded, and that he might otherwise do as he liked with it"—he endeavoured to pull the works out and failed—he instantly took the tools and punched the watch on the inside of the case, and also on the bowl in my presence with tools similar to those produced—this is the watch with the marks upon it—he complained of the thinness of the metal—I said I had not sufficient change, his charge being 1s. for stamping, and I suggested it should remain on the premises till the following day—he rather reluctantly consented—about 3 o'clock on the 22nd I entered his premises, accompanied by two officers; one was Greet—the watch was on the work-bench—the prisoner was told he
must consider himself in custody—that watch was stamped, but' not gilded.
Cross-examined. I am a commercial traveller and small manufacturer—I travel for myself; I can give you a list of 100 customers—I am in no man's employ—I have been a commercial traveller for many years; I have travelled for Carter and Co. and many others—I have gone in the name of Somerfield in all commercial matters; I am Somerfield now—I deal in gentleman's ties and bows, not at public-houses—I have been lodging at Finsbury Chambers, Finsbury Circus, in the name of Somerfield; I only use that name for business purposes—in all cases where an oath is necessary I give the name of Davis—I have not given evidence before, but I believe I have taken an oath, or a declaration at any rate; I have never given evidence for the Goldsmiths' Company—I have no other alias— I have not been called the Mayor— I was never in Reading—in travelling about I have often received rings in the suburbs of London—some of the vendors pretend to pick them up in front of me—I gave this information on my own account and in the interest of the Goldsmiths' Company—I think not for a reward; that is a supposition; if you think it is true, substantiate it; I hope to get a reward and I alee had a sense of justice—I have not been promised a reward—I was handed a printed form with 500l. reward on it—I showed the Goldsmiths' Company a specimen—there is another ease of marking at this Sessions—I am an employer of labour; I can give you a list of the lames—there is no necessity for a place of business, because I take my samples round—I keep a large stock at my lodgings; it is a common lodging, but my stock is under proper protection—I did not see anything about the reward before I went to the Goldsmiths' Company—I mean to say that I went there from a sense of justice—I was a perfect stranger to the prisoner at the time of the transaction—he was introduced to me on the 8th January by a baker—the baker showed me one of these rings on 20th December, at Aylesbury—I did not see how the punch was used; it is not feasible; neither would I swear that I saw the man using a hammer on this ring; I saw him use the tools, but I was some distance away, several yards—I was acting under instructions—in my instructions I was to assist in what was being done—I saw him use the tools inside the ring—I saw the two strips of metal, and I saw him mark one strip of metal—it is impossible for me to identify which ring it was—I saw him mark; the took were similar to these—he took hold of a hammer and punched the two strips of metal with an instrument like this one—I have no technical knowledge of the Hall mark—I think it is the carat, a leopard's head, and a crown—three marks. By the COURT. When I took the ring to the Goldsmiths' Company I saw one of the deputy wardens and another gentleman—I showed him the specimen; he examined it, then called me into another room and introduced me to a gentleman who asked a few questions of Mr. Robinson of a technical character—then I was commissioned to buy half a dozen more—I said I had bought the keeper rings of a man for 1s. 3d.—I had no reason for concealing the facts—I was handed 5l. and commissioned to purchase as many rings as I could get, and I bought those produced—they also handed me the printed form stating that there was 500l. reward—I read it; I knew there would be 500l. paid on conviction—when I returned with the half-dozen rings they instructed me to go
on again, and I bought three more keepers on the 20th, and took them on the 21st, as well as the mourning ring—they did not say anything to me about the Geneva watch—that was an idea of my own—the Company's solicitor sent the officer to accompany me.
WILLIAM ROBINSON . I am deputy warden of the Goldsmiths' Company—I have the charge of the Assay Department—I received from Davis this ring on the 11th January; on the 14th I received six keepers; on the 21st, three keepers and a mourning ring—the marks on them are identical with ours—there are four of each—the first is a shapeless mark in imitation of a crown; the second is "18;" the third the letter "C;" the fourth a leopard's head—the Goldsmiths' mark of "18" denotes that it is 18 carat gold—the letter "C" is the mark of the year from 29th May, 1878, to 29th May, 1879; the mark of the present year being "E"—the genuine mark of the Goldsmith's Company on n ring should be a crown. 18, a leopard's head, and a letter—the special mark of the Goldsmiths' Company of London is the leopard's head—on 22nd January I accompanied a policeman to the prisoner's premises—I received from the police these four mourning rings, bearing the same marks, also the seven punches produced—one punch marks "C," and all the punches match the impressions on the rings; another punch bears the mark of a leopard's head; one of the punches contains the whole of the four marks, and there is one blank punch ready for engraving.
Cross-examined. The letters in the Goldsmiths' mark are arranged in a cycle of 26 years, agreeing with 26 Roman letters—the mark is done before the enamelling—the mark is usually made on the metal when it is flat; it is possible to mark the ring as it is, but it is contrary to the usual practice—it would be extremely difficult to make such a mark on any of these rings—it would be impossible to do so with this punch—this spoon produced is brass or a base metal of some kind—I have seen similar marks; they are commonly used in the trade on plated spoons—I t is not a mark of the Goldsmiths' Company—the marks are so imperfect on the spoon that I should not like to express an opinion—I cannot decipher it—I have seen rings marked indistinctly.
Re-examined. The mark on the spoon is a mark frequently put on electro-plate—the first is a kind of star; I cannot describe the second; the third is like a sun, the fourth is a crown—the crown is the local mark of the Sheffield Hall in the same way as the special London Hall mark is a leopard's head—I produce a specimen of the die of the Goldsmiths' Company for marking rings—I have also an impression of the punch taken from the prisoner—the mark is frequently injured in the finishing, but it is never tampered with; it is somewhat obscured.
THOMAS GREET (Police Sergeant G). I received warrants to apprehend the prisoner on 22nd January—I searched his premises—I went there with Mr. Robinson—the prisoner occupied a front room on the first floor of No. 35, Charles Street, Islington—I read the warrant to him; he replied "I have no stamps or dies"—I said "I shall search your room"—he pointed to a small box, and said "I keep all my tools in a drawer in that box"—I took out the drawer and found the seven punches prouced—I also found these four rings and this watch.
NOT GUILTY .
There were two similar indictments against the prisoner, upon which no evidence was offered.
NOT GUILTY .
MR. EDWARD CLARKE, Q.C., and MR. GREEN Prosecuted; MR. GEOGHEGAN
JAMES DAVIS . On the 14th January I met the prisoner in Aylesbury Street, Clerkenwell—he asked me if I was prepared to buy anything—I did not then buy; I arranged to meet him outside his house—he showed me a ring and a chain (produced)—I called his attention to there being only "18" and "C" on the chain; he said that was all he did to the chain—on the ring I found a fair copy of the Hall mark—I paid 4s. for the ring and 2s. for the chain—on the 17th I entered his workshop—I saw him completing two rings for a man he said had been a customer of his eight years—he was filing and applying sandpaper to a plain ring mounted in turquoise—I said "I can do with a couple like those"—he sent them to be gilded and started on my job—he had a ring nearly completed for an imitation diamond—he took a strip of metal already cut, put his hand in a small green felt or cloth bag, and brought out tools and punched on the end of that strip of metal what I understood to be a close imitation of the Hall mark, and set a turquoise on it—I do not deal in these rings myself—I produced a watch; I said "Do you make or repair watches?" he said "They bring me silver watches, I stamp them, and they are sold for gold watches"—I said "What might be your charge?" he said "One shilling for stamping and two and six-pence for gilding"—I handed him the watch produced—he said "Do you want it at once?" I said "Yes"—he took the movements out and. punched on the bowl and then on the oases—I did not see what he punched—he then sent it out to be gilded—I called two hours afterwards; I paid him 3s. 6d.—I took up the imitation turquoise ring—I went again to his place on the 19th; I gave him another silver watch to gild—I saw him punch the cases and the bowl—we took it together to the shop of Frederick Warren, of 15, John Street, and we called again when the watch was gilded—on the 21st I handed him another watch; he made some marks on it—I ordered two mourning rings to be gilded—I went the following Saturday with the police and found the watch in his hand.
Cross-examined. I did not mention before the Magistrate that the prisoner said it was a fair copy of the Hall mark—I did not ask him the name of his customer—I do not know that any person in possession of the Hall mark can be convicted—I said before the Magistrate that the prisoner pointed out the Hall marks upon the ring and the chain—he spoke in a scoffing sort of manner, implying that if it was known it would be warm or hot for him—I have never studied the Act of Parliament—I am sure I mentioned before the Magistrate about his saying that he gilded watches—I swear to the best of my recollection that he said he sold the watches as gold—I did not notice any error in my depositions—the marks appeared to me to be Hall marks in their general appearance.
Re-examined. No marks were on the watches when I took them to the prisoner.
WILLIAM ROBINSON . I find on the watch found on the prisoner's premises On the 22nd January a crown, "18," and a letter—that would be the Goldsmiths' Company's mark on 18-carat gold—the rings found on the 22nd are marked with a crown, "18," a letter, and a crown repeated—the Goldsmiths' mark would be a crown, "18," a leopard, and a letter—the prisoner's marks are not in the right order—there is no leopard's head on the rings.
Cross-examined. I believe there are six Goldsmiths' Companies in existence at the present time—the special property of the Sheffield Goldsmiths' Company is in the crown; that is, it is one of their only authorised marks—it should be a royal crown, and not a ducal or mural crown—if the genuine mark were transferred from old plate we should prosecute—I remember the action of Robinson v. Currie at Westminster; the facts were the same as in this case—I was present when the prisoner's shop was searched—I said before the Magistrate that we did not find the puch or die which made the marks on the watch; that is right—We found the stamp which impressed the rings—the marks are on the case of this watch.
WILLIAM PEEL (Police Inspector G). On the 22nd January I went to the prisoner's place in St. John's Lane—I read some Warrants to him, and inquired where the stamps were—he said he had no stamps; I searched and found these—he said "Those are the stamps that I did the rings with; I hare no other stamps"—I also found a Watch that had been gilded—I pointed to the crown; he said he did not do the crown—the watch was not complete.
Cross-examined. I have seen marks on spoons marked, but not jewellery.
JOHH RUMSEY (Policeman). I with went Inspector Peel to the prisoner's on the 22nd January—Peel read the warrants—the prisoner said "I have no stamps"—Peel searched the place—the prisoner said "It is no good, those are the ones I have stamped the things with: I have got no others."
Cress-examined. The inspector found a bag with other things in a box on the bench—the box was open—the prisoner's door is usually open, I believe, Mid never bolted.
NOT GUILTY .
There were two similar indictments against the prisoner, on which no evidence was offered.
NOT GUILTY .
MR. GEOGHEGAN Prosceuted.
JOHN ATKINSON WALKER. I live at 48, Rotherfield Street, Islington—a little after 11 p.m. on 16th January I was in King Edward Street, Liverpool Street—I passed the King Edward public-house—a Crowd of eight or nine men attracted my attention; one of those men is the prosecutor—one of the other men said to him "You are b—cunning," and knocked him off the pavement—the prisoner went up as if to assist him, but dragged Out his watch, and ran away as quickly as he could—I followed him along Park Street into Liverpool Street—I there heard the prosecutor coming after me calling "Police!"—the prisoners stopped, but seeing the coloured man (the prosecutor) coming he started again—I followed, and caught him by the neck at the corner of Liverpool Street and Liverpool Road—he put his left hand into his outside coat-pocket
and took out the watch—I caught hold of his right hand; he threw the watch into the road—there was a lamp at the corner; I could see him distinctly—the prosecutor came up in an excited state, but he could not speak English—I did not lose sight of him—he was not drunk.
JOHN O'CONNOR (policeman 150 N). I was called about 10.15 p.m. on 16th January to take the prisoner into custody in Liverpool Road—I saw Walker—another gentleman gave me the watch—the prosecutor charged him with stealing it—he said he did not know anything about it—he was not drunk.
The Prisoner's Statement before the Magistrate. "I was very drunk when it occurred. I do not know whether I had the watch or not."
GUILTY .— Twelve Months' Imprisonment ,
MR. PURCELL, for the prosecution, offered no evidence.
NOT GUILTY .
NEW COURT.—Wednesday, february 2nd; and Thursday, February 3rd, 1881.
Before Mr. Justice Grove.
MR. FILLAN, for the prosecution, offered no evidence, the Grand Jury having found no bill.
NOT GUILTY .
MR. HORACE AVORY Prosecuted.
GUILTY .— Eight Years' Penal Servitude.
For other cases tried in the New Court on this day, and on Thursday, see Surrey Cases.
THIRD COURT.—Wednesday, February 2nd, 1881.
Before Mr. Recorder.
MESSRS. MONTAGU WILLIAMS and MEAD Prosecuted; MR. BESLEY appeared for Bott; MR. FILLAN for Brown.
JOSEPH VIOTTI COLLINS . I am a professor of music, of 27, Burton Road, Brixton—I knew the prisoners as stockbrokers at Telegraph Street, Moorgate Street—on 1st August, 1873, I went to their office, and I think I saw them both, and instructed them to draw out 1191l. 10d. 10d., Reduced 3 per cents., and invest it in Queensland 6 per cent. bonds—I went with Brown to the bank, and signed the transfer, and he gave me this sold note—I think it is Brown's writing. (By this the Reduced Stock
realised 1,102l. 10s., which, invested in 1,500 Queensland Bonds at 110l. with 2l. 10s. commission balanced the account.) A week or a fortnight afterwards I called again, and I think I saw both prisoners; Brown held up some Queensland Bonds in his hands, but I did not examine them he said "Have you got an iron safe?"—I said "No"—he said "We rent a room in the Exchange where we keep all documents, and they will be safer in our hands than yours"—I think they were both there—I left the bonds with them for safe custody—I never gave them authority to part with or dispose of them in any way, and I have received the dividends on them from 1873 to 1879 half yearly from the prisoners—I then received this circular. (Read: "8th. August, 1879. Sir,—I have been consulted by Mr. E. Bott, of St. Stephen's Chambers, Telegraph Street, on the subject of the disappearance of his partner, Mr. James Brown, who, without without giving him the slightest notice of his intended absence, has not been to the place of business since last Friday evening, nor has he communicated with my client, nor with his wife or any one else as far as I know. I regret to inform you that from inquiries he has made, Mr. Bott (though innocent of any misconduct himself) has great reason to fear that Mr. Brown has misappropriated moneys or securities entrusted to the firm by you, and I write to you that you may take such steps as you may think proper for the arrest of Mr. Brown. My client and I will of course be ready to give you any information or assistance you may wish for from us, as he most deeply regrets what has occurred, and is most anxious to show that he has in no way participated in or been a party to Mr. Brown's defalcations. Yours obediently, R. S. Gregson.") I wrote to my solicitor, Mr. Lovett—I did not see Bott.
Cross-examined by MR. BESLEY. I also received this letter. (Read: "August 27. Sir,—I wrote to inform you that in consequence of none of the customers of the firm of Bott and Brown appearing to take steps for the arrest of Mr. Brown, my client, Mr. Bott, applied for a warrant for his arrest, on the ground of Mr. Brown clearing a cheque for 350l. on the banking account of the partnership, nominally to a Mr. Simmons, but which we find he cashed himself, taking the whole amount of it in gold. I regret to say that the Liverpool police inform us that there is reason to believe that Mr. Brown sailed for Quebec on the 4th instant in the steamship Sarmatian, under the name of Welch, and that the woman New, with whom he had been cohabiting, sailed on the 9th instant for New York, in the steamship Abyssinia.—R. S. Gregson.") I consulted Mr. Lovett upon that, and left him to inquire into the matter, and he attended on my behalf in November a liquidation meeting which Mr. Bott called—Mr. Lovett may have shown me this circular. (This was signed by Mr. Gregson, stating that Mr. Brown give himself up to the police white in a state of intoxication the day before, and was brought up at Guildhall that day, and remanded till the next Friday, on the charge of Mr. Bott of misappropriating the moneys of the firm, but that Mr. Bott had no funds to carry on the prosecution.)—I instructed Mr. Lovett to appear at Guildhall, and went there, and saw Brown in the dock, and Bott giving evidence against him—I did not pay much attention to what the charge was—Brown was committed for trial, after which my case came on against Bott and Brown.
their office and saw Brown (Bott was in the outer office)—I said to Brown, "I have 1,000l. to invest"—he told me to invest half of it in Consols and half in East India Railway Stock; he also said that 3 per cent, was not sufficient for our money, and asked me to persuade my husband to draw out what money we had in the Funds, and to invest it in something which would give more interest, and he gave me a list of securities, and marked several which would pay well—on 16th July I called again, and saw both prisoners—I said to Brown, "I have brought the money"—he said, "How much?"—I said, "1,000l."—he said, "I am surprised you have not brought more"—I have been shown a number of notes, which I know by the endorsements to be the same as I gave Brown—he counted them, and Bott recounted them and put them into a bag, and said that he should pay them into his own bank, as it was too late for the Bank of England—Brown made out this receipt, and gave it to me in Bott's presence: "July 17, 1879. Received of Mrs. Day 1,000l. to be invested. Bott and Brown"—on 18th July I received this letter by post enclosing this bought note. (This was dated July 18 from the prisoners, enclosing contract for 400l. East Indian Stock, and stating, as to Consols, that they would probably go lower, and advising the witness to wait till Tuesday or Wednesday.) On the same day, about 4 p.m., I saw Bott at the corner of Telegraph Street, and directly he recognised me he walked away—I then went to the office, but saw neither of the prisoners—I afterwards received a circular similar to this, from Mr. Gregson—I have never received any consideration for my money.
Cross-examined by MR. BESLEY. When I saw Mr. Bott in the outer office I did not notice that he had injured his foot—he opened the door for me to pass out—all he did on the 16th was to count the notes and gold; a statement was then made that it was too late to buy the Consols that day, and I understood thoroughly that the money was to be taken to the prisoners' bankers—I cannot say whether Mr. Jolly was present; I know him—I do not know whether he and Brown went to Glynn's and paid it in; I did not go with them—I did not attend the first liquidation meeting; I was there at the last meeting—there was no guarantee for 5s. in the pound—Bott had made himself safe by putting all the blame upon Brown, and I told him that he, being the senior partner, ought to have seen to things better—I was sure he was guilty, but I did not prosecute him till after the third circular, because he made himself safe by liquidation.
Cross-examined by MR. FILLAN. I do not know that Bott took the money to the bank himself, but I gave it to him; he said that he was going to the bank, and he had the bag in his hand when I left.
Re-examined. I never saw any symptom of lameness in Bott, nor did he make any complaint about it—I have not the slightest doubt it was Bott I saw in the street.
GEORGE PETERS PRICE . I am a stock-jobber, of 2, Capel Court; my firm is Price and Co.—on 16th July, 1879, my brother sold the prisoners some East India Railway Stock, and on 17th August I wrote this letter announcing that we were about to deliver. (Requesting payment in banknotes agreeably to Rule 74.) That letter was returned the same day endorsed, "Unable to take up, Bott and Brown;" in consequence of that we never delivered the stock—we gave notice to the Stock Exchange Committee the same day of the prisoners' default.
Cross-examined. I am in the Consol Market, and my brother John is in the Indian Market—both the prisoners came into the House—we never knew which partner the money came from—my clerk can tell you what money we received from Brown on account after 14th July—I cannot recollect who I dealt with a year and a half ago, but I made bargains with both the prisoners—our clerks make up the accounts every fortnight—the Indian Fours are done in the Consol Market; the Consol business is settled every day, and the Indian twice a month—I sea that on Monday, 28th July, the prisoners owed us 1,800l., which we had lent them on security in two cheques of 1,500l. and 300l.—I cannot toll you whether we had given them Queensland Bonds at that time—from 1873 to 1879 we have lent money to the firm on the deposit of securities—there was generally an account every settlement day—I will give you my books for seven years back—I dare say we advanced money on Queensland Bonds; no register of the numbers was kept, but we always had the securities to lock up in our safe—about 14th July we lent them 1,400l. on security, but I cannot tell you what security—we never take the numbers of bonds.
Cross-examined by MR. FILLAN. We always considered Bott the senior partner; his was the first name in the firm—I have not seen their bank book—Brown went away on 1st August, and on that day we received a cheque for 4,695l. 7s. 5d., and on 6th August bank-notes to the value of 500l., but I cannot say from Bott himself; I cannot distinguish the partners.
Re-examined. I cannot say whether I dealt with one as much as the other—they paid us off 1,800l. on 28th July—I cannot tell you how many pledging transactions we had with them before 1879—there were usually settlements once a fortnight with reference to pledging transactions—that has gone on a few years—we have had no money which we did not give consideration for, and what we lent we held security for.
ARTHUR PERCY ABBOTT . I am clerk to Price Brothers—I produce two crossed cheques dated 28th July for 1,500l. and 300l., drawn by Bott and Brown in favour of our firm; they were paid into our banker's, and have been honoured; they were given on loan transactions as securities, but I do not know what securities—we have advanced money to the prisoners on security for years—I should say that we saw them both with reference to this transaction.
Cross-examined by MR. BESLEY. We do not keep a book to enter the securities deposited on loan; we keep a book of securities which we can pass on again if we borrow money on them, but such securities as we had we could not borrow on—we should not like to pass the securities we had from Bott's to other people, because we had not given Government security: Consols, Exchequer Bills, or Indian Bonds—such things as Queensland Bonds pledged with us would not be entered and ear-marked—there is no means of ascertaining whether we handed over securities to Brown in the middle of July and the middle of August.
MARY PHILLIPS URSULA POTTERY . Previous to 1873 I knew and dealt with Messrs. Scott and Co., the prisoners' predecessors, and in July, 1873, I went to the office and saw both the prisoners—I had 1,200l. invested in the New Threes, and I instructed them to sell out part and to purchase 400 Queensland Bonds, as Bolt had suggested to me that they were very good security—I received this bought-and-sold
note by post; it is in Brown's writing: "July 1, 1873. Sold for Mrs. Mary P. U. Pottery 490 New Threes. Bought with the above 400 Queensland at 111 3/4 447l. Commission 1l."—I received four bonds of 110l. each, which I kept for twelve months, and then went to the office again and saw both prisoners—they said "You cannot be safe in keeping the bonds yourself; you had better let us have them, "and that they had an iron safe in the office—after that I took the four bonds to them, and left them with them that they might be kept safely; that was in 1874—after that I received the interest on the bonds—I went there again in 1875 with my mother, and on Bott's advice I sold 900l. New Threes and invested it in Queensland Bonds—I never saw the bonds; they were to hold them, but I always received the dividends—I should say that the date of the receipts, January 5, 1875, is accurate—I received this document (produced) from the prisoners; I received both documents at the same time; the date was more likely 1876. (Read: "1,200 Queensland Bonds in the hands of us, Bott and Brown")—that is Brown's writing—("1,600 Queensland Bonds and 700l. cash in the hands of Bott and Brown, January 12, 1876. Bott and Brown")—up to 7th August, 1879, I received my dividends on the Queensland Bonds from the prisoners, and on August 7th I received a circular—my mother always accompanied me to the prisoners' office, and on 1st July, 1873, she instructed them in my presence to purchase 500 Queensland Bonds, of which this is the bought note (produced) in Brown's writing—she paid for them the cash at the time, 546l. 5s.—they were bought at Bott's suggestion—she kept them herself till 1874, when she took them to the prisoners' and left there in my presence, as they had an iron safe in their office—on 2nd June, 1875, I was with my mother at their office again, when she instructed them to sell New Threes to the amount of 2,197l. 11s. and to purchase therewith 1,900 Queensland, for which this is the bought and sold note; it came by post, and has Brown's signature—there was a balance of 109l. 8s. 5d., which they handed to my mother—my mother sold a house for about 700l. about December, 1878, and some time after that I went with her to the prisoners' office, and she instructed Bott to purchase Queensland Bonds with the 700l., which she paid to them, and they gave this receipt. (Signed "Bott and Brown," and dated 10th December, 1875)—it is Bott's writing as far as I know—on 5th January, 1876, I went to the office again with my mother and saw Brown sign this receipt (This was for 1,600 Queensland Bonds and 700l. cash, in the hands of Bott and Brown)—I do not recollect whether my mother received a dividend on the 700l., but she did on the other—on 21st June, 1876, we received this receipt; it came by post as far as I know. (This was for 2,200 Queensland Bonds to Mrs. Ursula Pottery, signed Bott and Brown, 21st June, 1876.") I should say it is in Brown's writing—my mother received the interest on those up to 1879—we received the circular of August, 1879, and have never seen our bonds since, or received any more interest.
Cross-examined by MR. BESLEY. I also received the other two letters—I should say that this is Brown's signature to the account, and not Bott's—my 1,200 Consols only produced about 36l. a year, but the Queensland Bonds produced 70l.—I suppose Bott's advice to purchase them was good—I took back 400 bonds—I do not remember them being lost, and found in a clothes basket under a bed—I have no recollection of their being mislaid—I took no note of the numbers of my bonds—I know that the
400 were bought, but the others were not shown to me—this is the statement of the sale in June, 1879; it is in Brown's writing; no money came with it—he was to buy bonds with the money.
Cross-examined by MR. FILLAN. I was well acquainted with the firm when Mr. Scott was the principal—Bott was his nephew, I always understood from Mr. Scott, and Brown was his clerk—when Mr. Scott died I understand he left the business to them, the largest portion to Bott, and Brown was to be a partner with a smaller proportion—Brown generally transacted our business—they sat together at the same table—Bott usually conducted the conversation with my mother.
Re-examined. We received our dividends twice a year regularly, but now we have lost everything—2,000l., which they paid interest on, was left in their hands to invest.
ROBERT COOKS . I am a music publisher, of 6, Burlington Street—I knew the prisoners by name as stockbrokers, and in July, 1979, I wrote them a letter asking them to buy some New Three per Cents—I received this letter in reply. (From Bott and Brown, dated July 22, enclosing contract note for the purchase of 7,550l. New Threes, and requesting a cheque for 7,417l. 17s. 6d. to he sent, crossed Glynn and Co.)—I sent this cheque in reply (produced)—this is the contract note—I afterwards received this letter. (Dated 26th July, from Bott and Brown, acknowledging the cheque, and stating: "It being a large amount, we had to buy the stock for our next settling day, when you shall have the receipt"—in August I received this letter. (From Bott and Brown, enclosing stock receipt for 4,955l. 6s. 5d., and stating that, owing to its being a large amount, they should not he able to transfer the balance till the next Tuesday.) In consequence of not receiving the voucher for the remainder of the stock I wrote a letter from Eastbourne, saying that I was surprised that they had not sent the balance, as promised, and received this letter of 6th August in reply. (This stated that Messrs. Price, of whom the stock was purchased, found that they were short of it, and requested them to let the balance stand over till Tuesday.) I afterwards received this letter from the prisoners, dated 6th August: "St. Stephen's Chambers, Throgmorton Street. Dear Sir,—Will you be good enough to call here in the morning, we want to see you particularly, say about 12 o'clock"—I called the day after; I came to London and waited there close upon three hours, and getting no reply, I got uneasy, and one of the clerks spoke to me—I never saw the prisoners afterwards till they were in custody, and have never received any consideration for the balance of my cheque—I afterwards received a circular about liquidation proceedings.
Cross-examined by MR. BESLEY. I got the circulars of 8th and 27th August, 1879, and instructed Messrs. Pike and Son, of Old Burlington Street—I was aware of the liquidation meeting where it was proposed to pay 5s. in the pound, and after three or four months my solicitor handed me 3l. 15s.—I know that the payment was ordered by the Judge to be an instalment according to his means—on 28th November, 1880, I got this circular (produced)—I knew the late Mr. Scott 40 years and more; he was a highly respectable gentleman, or I should not have listened to his nephew—I had had transactions with Bott and Brown before July, 1879, and had no reason to complain.
GEORGE PETER PRICE (Continued). On 25th July, 1879, I sold the prisoners 7,550l. New Three per Cents, at 98?, and on 1st of August I delivered 5,050l.—I do not know which of the prisoners I saw in that
transaction—on 1st August I received a cheque signed by the firm for 4,686l. 9s. 5d. on the balance of account, and on 7th August I signed this letter. (The one of 7th August, 1879, endorsed, "Unable to take up.") I certainly did not state that we had not sufficient stock to deliver.
Cross-examined by MR. BESLEY. August I was on Thursday, and Monday was Bank holiday—the prisoners had no ground for saying that we as jobbers were short of stock—I requested cash on the handing over of the Consols—I do not say that it was the prisoner's fault, but we knew that they had not got the money—I knew on 7th August that Brown was gone; I did not know that he had an account open of 250,000l.—we had security for the money we let him have on 28th July, and on getting it back we gave up the security—one transaction had nothing to do with the other, but the result was that we gave up the first 1,800l. on 28th July, and then got 4,786l. 9s. 5d. on Mr. Brown's cheque, and that left 2,500l. unpaid for.
Cross-examined by MR. FILLAN. It was stated in the newspapers that Mr. Brown was charged at the police-court with misappropriating 850l. only.
GEORGE HENRY JACORS . I am managing clerk to Messrs. Lovett and Co., solicitors for the prosecution—on or before 16th October, 1879, we had instructions from Mr. Collins in reference to this, matter, and on that day I saw Bott in his office and inquired about Mr. Collins's bonds—he said that his partner, Brown, had gone to America; I asked him when he last saw the bonds, he said "Last month," and then he contradicted that and said "I last saw them when I went to the Stock Exchange after my return from illness; I was ill throughout July, and returned to business the day after Bank holiday"—I asked for the books of the firm, as I wanted to trace the numbers if I could; he said "My partner destroyed the books"—I asked how many books there were; he said "About 18"—next day, at the meeting of creditors, I asked Bott again about the bonds; he said that he saw them last when he went to the safe at the Stock Exchange—I asked him if anybody was present; he said "Mr. Butler"—I asked when he saw his partner last; he said "The Monday before Bank holiday"—Bank holiday was August 4—he said that he had been absent through illness about a fortnight before Bank holiday, but the day previous he had said "all through July"—the meeting was adjourned in consequence of his not producing any books—I produced this cheque of August, 1879, at the second meeting, and asked him whose writing it was; he admitted that it was his—I then pointed out that he was wrong in saying that he was absent for a fortnight before Bank holiday; he said "Mr. Brown brought the cheque up to my house when I was ill"—I asked him who attended at his house, and he could not tell me the servant's name who opened the door or anybody's name at his house—the cheque is for 60l. 7s. 7d.—this cheque of 5th August, for 978l. 15s., signed Bott and Brown, is in Bott's writing, and so is this of 5th August, for 572l. 2s. 6d., and so are these others.
Cross-examined by MR. BESLEY. The only interview I had with Bott was on 16th October—we had been acting for Mr. Collins, and the circulars were addressed to our office—the 27th August passed, and the whole of September, and I only saw Bott in October—I made a memorandum of the conversation the same day or the next morning—my word is against his word, but I have my diary here—next day
at the meeting of creditors a number of professional men represented them—Mr. Smart was there and a shorthand writer—I have given them notice to produce the shorthand notes, and they said that they could not be found, but I do not believe that is true; I do not desire to attack Mr. Smart, or any one, but I do suggest falsehood, because first they told me that they had got them, and afterwards that they could not find them—I believe they have found them, and that they had them—if the shorthand writer and Mr. Smart deny the truth of my statement that Bott said that he had seen his partner on the Monday, it is untrue—Bott did say that he saw the bonds in the safe on the Monday when he returned from business—Mr. Day will recollect it, and Mr. Lovett, jun.; it is in the proofs—Bott gave me a list of the missing books on the second day, not on the first day—he did say at the first meeting that there were a number more books, and all the dates could be given, but that the books relating to the numbers of the bonds were missing, and I think he said they were destroyed—I think Mr. Gregson and Mr. Smart said that Brown had destroyed the books containing the numbers, and I took a list of them—I wanted to trace them, and to ear-mark the bonds—not a book was exhibited to me referring to these transactions—I have a list of 104 books shown to me; they were not the books I wanted; the meeting was adjourned for me to inspect the books, and I went on 30th October and picked out what I wanted to see—if I had heard Mr. M. Williams state last night that the books were all destroyed I should have interfered—I did not hear him make that assertion; I may have been otherwise engaged.
Cross-examined by MR. FILLAN. Bott told me on 16th October as a fact that Brown had gone to America, and had destroyed all the books of the firm, thirteen in number—he said that he saw Mr. Collins's bonds when he went last to the safe; that would be 15th August, and I found out that Brown went away on 1st August—I do not know that at the time Bott told me that Brown was in America, he was rusticating at Cromer, or that he went away with a woman on a drunken spree—350l. was drawn out on 1st August, but I do not know that it was by Brown—I find on 28th July 368l. 11s. 11d. to the executors of T. S., and I find that that is Bott.
By MR. BESLEY. On the day the money was paid in, there was over 1,000l. to the account of Else and Bott at the London and County Bank, and since that a small cheque to Jolly—the account is closed by a cheque of Bott and Else to Miss Bott, which was afterwards deposited by her in her own name—I have not had time to search for the will, and find out that they were entitled to it—I think the 978l. 15s. went out honestly to Mr. Weedon for Consols sold—I have not taken the pains to ascertain whether 272l. 2s. 6d. also went out for stock sold—I asked Mr. Trice about the 500l.—I will try and recollect what he said if I can.
Re-examined. On 6th August, the day before the meeting of creditors, 50l. was paid to Mr. Gregson for the expenses of calling the meeting—I do not know what those other cheques are for.
ROBERT CHILD (City Detective Sergeant). On 15th December I took Bott as he was leaving Guildhall Police-court, on a warrant referring to Mr. Collins's case, which I read to him; he made no reply—I went down to the cells and saw Brown, who had been committed on another charge, and read the warrant to him—he asked how it would affect
him in the case on which he had just been committed—I said that I did not know.
Cross-examined by MR. BESLEY. I attended at Guildhall on 16th August, 1879, with Mr. Gregson and Mr. Bott, and Bott made a statement that Brown had changed a cheque in the name of Simmonds, into gold, and that there was no such customer—I got a warrant against Brown, and Mr. Gregson has defrayed the expense of going about to find him, but that was very limited—I attempted to find out where Brown had gone—I got the information from Liverpool about the two ships; that was in answer to a letter and two telegrams which we had sent describing Brown and the woman with whom he had been cohabiting—I sent her photograph down there—I found that some one answering Brown's description did sail for Quebec under the name of Welch—there was also a description of Miss Emily New, alias Williams, and her photograph was sent—Mr. Gregson made every effort to arrest Brown—I occasionally saw Bott in the street and said good morning after Brown's flight—I did not go to his lodgings.
Cross-examined by MR. FILLAN. It was to get the change that the cheque was drawn in the name of Simmonds—the charge simply was that he stole 350l., and it came out in evidence that he had used the name of Simmonds—it is my suspicion that Brown never went to America—I believe he was at Dunmow and Cambridge with this woman—he disappeared about August 1, and I believe she was with him—I only heard from Mr. Gregson how Bott was deceived about Brown going to America.
Re-examined. I believe now that Brown did not go to America, but was in the country all the time—he gave himself up in London on 25th November, 1880, voluntarily, and the witnesses describe him as being drunk at the time—I know that his habits were inclined to drink, and that that has been a great part of the trouble of his later life.
Witnesses for Bott
FREDERIOK BERTRAM SMART . I have been an accountant 23 years—Mr. Gregson introduced this matter to me in the middle of August—the petition was filed and I saw the books before 19th August—my clerk made the inventory; all the books were under my supervision—this book is a record of the things we received and the dates on which we received them—the journal commences January, 1877, and here are the day-books, bankers' pass-book, cash-book, jobbers' ledger, and name-books; the cheque-books and counterfoils were found afterwards at the office—a few books were said to be missing—I think Bott said that he could not find the name-book; I think Mr. Jacobs said that he wanted some other books; I asked Mr. Bott to let me have them all, and Mr. Jacobs had every opportunity of seeing them—I did not thwart his seeing them; the instructions were to give the creditors every information that was possible from the books, and I gave information to several creditors—when the petition was filed the list of creditors was supplied—whatever the amount of the debts was I think it was exclusive of the action of the Stock Exchange with regard to time bargains, but I have no knowledge of any time bargains; they settle them on the Exchange themselves—with regard to any moneys owing to the firm for differences, I cannot touch them—Mr. Joel was present at the first meeting of creditors and asked questions—I did not notice that his questions were written down, but he
took notes of what the debtor said—the debtor said that he had not seen the Queensland Bonds since Mr. Brown absconded—I was present at the second meeting of creditors on 31st October—the proposal of 5s. in the pound was refused, being unsecured—I believe something was said at the second meeting about the time when Mr. Bott had last seen the bonds; he never varied his statement time or in my hearing.
Cross-examined by MR. MEAD. I think he said that he went to the Stock Exchange safe, and found they had all gone; I cannot fix the date, but I think he said when he came back to business—by investigating a few of the books I could gather what the system was—I could not discover Whether any books were missing—I have not been told to prepare a balance-sheet or to search the books for any record of the pledging of Queensland Bonds—the clerk who can tell that is not here—if goods were deposited as security for loans I should expect all parties to keep a proper record.
Re-examined. If one partner made an improper pledge I should hardly expect him to write down his fraud—it is possible to keep a register of bands, even though they are to bearer—Bott stated to me at the time that he Was Unable to trace the Queensland Bonds—no ability Would enable me to say whether the firm kept a register of securities, but a properly constituted set of books should have such a book, stating from Whom received and if deposited with the firm—I was only asked half a dozen questions at the Giuldhall, and had no notion of what I was going to be asked here.
HENRY BAKER . I am employed by Mr. Smart—I was prevent at Bott's two liquidation meetings; I listened to his evidence and took notes all through—I took shorthand notes of the first meeting, but they have been lost—Mr. Jacobs asked Bott a question about the Queensland Bonds, and I understood him to say that he had not seen them since Mr. Brown went away; I am sure he said so, but I don't recollect the exact words—I attended as shorthand writer, but beyond that I had nothing to do With it.
Cross-examined. I do not remember Without my notes, When Bott said that he missed Mr. Collins's bonds, but I distinctly remember his saying that he had not seen them since Brown went.
FRANK JOLLY . I had the use of the prisoners' office previous to Mr. Brown going away—they Used both to go into the House—Mr. Bott met with an accident, and was absent about a fortnight; before it happened Brown and I walked over to Glynn's together, and he paid in 1,000l. of Mrs. Day's—I was there when Mr. Cocks's matter occurred on 25th July—I do not recollect the 7,400l. being paid in, but I remember the time—this letter is not Brown's Writing; it is James Brown's, the clerk's; he Was only employed there for a short time, not permanently—I do not know where he is to be found—I did not know of it till it was sent out of the office—I know that Cooks's business was done, but I know nothing about the letters being sent—I know by being in the office and seeing it in the books, that the Consols were brought a few days forward—I Cannot say positively whether Bott was in the office it all during that time till 18th August; I am sure he was not there on 1st August, and I think he had been absent nearly a fortnight before that time; I am almost certain he was—I know James Brown, the clerk's, writing; the whole of this is his writing except Bott's
signature—I know that Bott was living in lodgings—I did not know that Mr. Brown was going away; he never said a word to me about it.
Cross-examined. I am not a member of the Stock Exchange—I was not clerk to the prisoners; they let me use their office, and if they wanted a person to help them or to write a letter I was willing to do so—I was not allowed to go on the Stock Exchange—I was not at the office all day; I went out to the bank—I did not go out to see my clients; they came to see me—I fix the date because I believe Mr. Bott was not in the business during the account; he might have been there on the 16th and 17th, but not on the 18th—I fix this account because he was not in town for a fortnight—it was not the May of June account by the books; I have not consulted them, but I saw them at the time—I was at the police-court, but was not called.
Re-examined. The first of these counterfoils of cheques is in the Writing of a gentleman in the office; the next is Mr. Brown's, and the next—there are only three—this of July 29 is mine, and so is the next; the next is Brown, the clerk's, and the next the prisoner Brown's, an accomodation cheque—this of the 31st is the prisoner Brown's writing; the six next are mine, then one of James Brown, the clerk, and the last is the prisoner Brown's—the 31st is continued in the next book; that is mine, and this is mine—the next is August 1st—this was the fortnight immediately preceding the Bank Holiday, which is memorable by Brown's absconding.
OSCAR WALLACE WINK . I am a town traveller, and live at 9, Montague Road, Dalston—Bott lodged at my house 18 months or two years before December—he was there before the August Bank Holiday of 1879—he paid me 16s. a week for bedroom, sitting-room, and attendance—I recollect his injuring his knee on board a boat one Sunday in July—he went to business afterwards, and then was obliged to lay up and was at home for a day or two before Dr. Symons came to attend him—he told me that he was ordered to keep his knee, in a horizontal position, and I Saw him in that position every evening—he went out next the day after Bank Holiday.
Cross-examined. I am not at home all day—I leave home at 8.45 a.m., and get home about 6 or 6.30—whether Bolt went away in a cab in the morning I only know from what my wife told me.
Re-examined. When I came home at 6 o'clock he was always at home with his leg resting in a chair—he did not pay for dinners in my house he paid his own butcher, but I know there was an extra supply of meat during that time.
JOHN SYMONDS . M.R.C.S. I leave at 79, Amherst Road, Hackney; Mr. Bott came to my house about 19th July, and I saw that his knee was a little swollen—he came again on the 20th, and his knee was much worse—I ordered him to lay up, and I would see him daily—I attended him to the end of the month daily, except July 24th and 26th, and on 2nd August, and always between between 10.30 and 3 or 4 o'clock—I always found him obey my directions.
Cross-examined. He was at home 14 or 15 days; I called on him on the afternoon of the 20th—I did not attend him on Friday, August 1st—I did not put down the time when I saw him on August 2nd—I remember the 19th, because I have a rough memorandum which I made at the time, in a book.
Re-examined. He has been a patient of mine about 10 years, and
have known him longer—he has borne the reputation of an honourable man—he lived opposite me.
Witness for Brown.
FBANK JOLLY (Re-examined). On the Wednesday or Thursday before August 1st, Brown came to me, and brought me 1,000 bonds, saying "Send those to your clients"—I said "No, I shall do nothing of the kind; you take them back, and lock them up in your strong box," and he did so—when Mr. Bott came on 6th August he went and got them, and gave them to me, and I sent them away—Brown said to me in a jocular manner "I am going away," but I would not believe him.
Bott received a good character.
MR. MEAD withdrew the Third Count (Mrs. Day's case) from the consideration of the Jury, there being no direction in writing, as required by the
BOTT— GUILTY on all the Counts except the Third and Fourth.
BROWN— GUILTY on all the Counts. — Five Years' Penal Servitude each.
FOURTH COURT.—Wednesday, February 2nd, 1881.
Before Mr. Common Serjeant.
227. HERVEY MARTIN (53) PLEADED GUILTY to six indictments for stealing five dozen handkerchiefs and other goods the property of Samuel Morley and others There were many other cases stated to be known against the prisoner.— Five Years' Penal Servitude. And
MR. RIBTON Prosecuted.
JOHN GROSS (Policeman P 403). Between 1.30 and 1.45 I heard a noise in St. Paul's Church, Knightsbridge—I tried the doors; I found them secure—I went round the church on the east side; I found a ventilating window had been removed—the opening was large enough to admit a man's body—I got assistance—I then went to the beadle, and got the keys—I went into the church; I heard a noise towards the communion table—I went up to it, and apprehended Campbell and King near a door which leads into the vestry—two constables were with me; we struggled with the prisoners—they were taken to the station, and charged with being in the church for unlawful purposes—I searched the church; I found a hammer lying on the ground near the almsbox, which was broken open, also two chisels—the prisoners were sober.
RICHARD PEARSON (Policeman B 251). I went into the church with Gross; I found a window had been forced in—these tools were found near the almsbox, which was broken—I took King into custody; he was in a closet where the surplices hung; he was rather violent, but afterwards went quietly—he said he had come from Birmingham—I found on him four silent matches and a knife.
pocket-knife—I struck him because he was making his way from the window; he had a sash line in his left hand, and had broken the window right down.
DANIEL CONNOR (Police Inspector B). I am stationed at Cottage Road, Pimlico—the prisoners were charged with breaking and entering the church with intent to steal—they made no answer—I examined the church—an entrance had been effected through a window ventilator—an attempt had been made to leave the vestry by a window.
WILLIAM PHILPOT . I am clerk of St. Paul's Church—my attention was drawn to the window which had been forced out—the place was safe at 7 o'clock the previous evening; the almsboxes had been emptied, as the lid of one of them had been forced open in the day.
JOSEPH FOWLER . I am the beadle; I was called up by the police—I saw the church safe the night before, about 10.45; I went round purposely—I do not know the prisoners; I thought I had seen King, but I am not positive.
The Prisoners' Statement before the Magistrate. King: "I acknowledge getting into the church; the window was open when I got in. I had no intention of stealing. I had no hand in breaking the box." Cane: "I followed in to christen him, that is all." Campbell: "I followed in."
The prisoners added in defence that they merely went into the church for shelter till morning.
KING** and CANE** also PLEADED GUILTY to previous convictions.— Five Years' Penal Servitude each. CAMPBELL— Twelve Months' Imprisonment.
MR. PURCELL Prosecuted; and MR. GEOGHEGAN Defended.
EDWIN FAUX . I am proprietor of the Angel public-house, King Street, Hammersmith—on 27th of February, 1880, I saw an advertisment in the Morning Advertiser (for a barman)—I wrote to the applicant—the letter was brought to me by Emma Simpson on the 1st of March—she told me she had lived with Mr. Prosser at the Globe, Hatton Garden, for eight months; and that after leaving there she had been in the service of Mr. Hinchley, who had sold his house, and that the cause of her leaving was that the business had changed hands—she then handed me these testimonials of her character, signed J. Hinchley—she said that Hinchley was staying at the Henry the Eighth public-house, Union Street, Borough—I said I would like to see him with reference to her character—she said "He is seldom at home, being out looking for a business; I will arrange for him to call on you"—on 2nd of March I received this letter, signed J. Hinchley (Stating that hi had seen Miss Simpson, and making an appointment between 2 und 3 p.m. to see the witness)—the appointment was not kept—next day I received a post-card appointing between 2 and 3 o'clock, and signed J. Hinchley—the prisoner called on me that day—he said his name was Hinchley—I showed him the certificate of character—he said "It is perfectly correct, this is the certificate I gave Miss Simpson; she is a very steady, trustworthy young lady; you need have no fear of leaving her should you be absent at any time; she has been employed by me, but my wife knows more about her than I do"—he remained with me a quarter of an hour or 20 minutes in the bar-parlour—in consequence of the character he gave me I engaged Emma Simpson, and she came into
my service on Monday 8th of March—that evening I marked 7l. worth of silver, which was put in the bar for next day's use—it was placed on the proper cash-board for giving change—next day Simpson was apprehended on a warrant at my house—at the police-station I was shown three shillings that were found upon her that was part of the 7l. which I had marked the night before—she was committed for trial at the Middlesex Sessions—she pleaded guilty and was sentenced to two months' imprisonment—I also gave information to the Protection Society, and to the warrant officer, Mr. Adams, as to the man who recommended her—I gave a description of the man—I saw him at Hammersmith Court or Police-station and picked him out from 12 to 15 men as the person who recommended Simpson to me—I recognised his voice again.
Cross-examined. It was about 4 p.m. when Hinchley called—he sat down in the bar-parlour—I gave my first description of him to Mr. Maitland, and the second to Mr. Empson, the chairman of the Licensed Victuallers' Society, and my third description to Adams—I gave no description to Waldock—Adams was called at the police-court—my house is about 500 yards from the railway station—I do a good trade—the prisoner had his hat off when he was conversing with me—I have no doubt about him.
EMMA ELIZABETH FAUX . I am the prosecutor's wife—one Tuesday in March during my husband's absence, the prisoner called at our house to give Emma Simpson a character—he said she had lived with him about eight months, and he could recommend her as trustworthy and honest—he mentioned where it was but I cannot remember the address—he was talking to me about a quarter of an hour—it was about 3.30 p.m.—I afterwards saw him amongst some other men at the Hammersmith Police-court—I identified him at once—I can Unhesitatingly say he is the man.
Cross-examined. I saw him in our private sitting room—he had his hat off—all hid conversation bore upon Simpson's character—he said he could recommend her—I picked him out from 8 or 10 men, not 10 or 12, I would rather day 8 or 10—if I said 10 or 12 at the police-court I suppose it was so—I could not say whether the men had their hats off—I recognised the prisoner so distinctly that I did not look at the others—I could not day whether any of them had their coats off, or whether they had been playing at bagatelle or billiards.
WILLIAM ROBERT HINCHLEY . I live at 100, Maroon Street, Limehouse—Emma Simpson was never in my service—I am a beer retailer—I never authorised any one to writs the Certificates of character signed J. Hinchley—they are not my writings—I do not know the prisoner.
GEORGE WALDOCK (Polite Sergeant L). On the night of the 7th January I found the prisoner at the Horns, Grange Road, Bermondsey—I said "I have a warrant to arrest you for conspiring with a woman named Simpson, to obtain a situation as barmaid by means of a false character"—he said "I know nothing about it, I know nothing of what you are talking about"—I took him to the station—I read the warrant to him, again he said "I know nothing about it, I have not been to Hammersmith for the last five years"—he was put with 12 or 15 men—Mr. Faux was fetched and identified him.
Cross-examined. I was present when Mr. Faux identified him—we take men from the street and try to get them as near like the prisoner as we can—if a man says he won't come in we wait for another—the police-station is about two minutes' walk from the railway station—it was
between 10.30 and 11 o'clock when the identification took place—I got to the police-station about 10.30—I am not certain whether the men had their hats on or off.
Re-examined. I apprehended the prisoner in Consequence of information I received—I had been looking for him—I knew him by sight—I have got in my pocket a copy of his description, and the information given to the police.
By MR. GEOGHEGAN. The warrant was forwarded from Hammersmith to us—the Horns is about a quarter of an hour's walk from where the prisoner lives—I do not know the neighbourhood very well—I did not know his address till he gave it me, nor where I should be likely to find him.
EDWARD WILLIAM LOVEGROVE . I lire with my father-in-law at the Woodville Hotel, Seven Sisters Road, Holloway—in March last I kept the Henry the Eighth public-house, in Union Street, Borough—no man of the name of Hinchley lived there then.
NOT GUILTY .
THIRD COURT.—Thursday, February 3rd 1881.
Before Mr. Recorder.
232. WILLIAM COOPER (35) PLEADED GUILTY to forging and uttering an endorsement for the payment of 8l. 10l. with intent to defraud, also to embezzling 2l. 4s. and 1l. 10s. of John Rees, his master— Judgment Respited.
233. CHARLES SPRATLEY (96) to a Burglary in the dwelling-house of Edward Henry Cousens and stealing four silver napkin rings and other articles, after a previous conviction in 1869. Recommended to mercy by the prosecutor.— Twelve Months' Imprisonment. [Pleaded guilty: See original trial image.] And
234. LUCY GOINS (22) to unlawfully endeavouring to conceal the birth of her child. Her master, who had been bail for her, stated that his wife and daughters were anxious to reclaim and assist her.— Four Days' Imprisonment. [Pleaded guilty: See original trial image.]
MESSRS. BESLEY and TICKELL Prosecuted; MR. PURCELL Defended.
ALFRED STACEY . I am Superintendent of the Records of the London Bankruptcy Court—I produce the proceedings in the liquidation of the defendant, who is described as a draper, of 2, Fulton Villas, Twickenham—it is dated 15th January and filed 20th January, 1880—I also produce his statement of affairs, showing total debts 1,528l. 2s. 3l. and assets 420l—the 420l. consists of 20l. for stock-in-trade) including the counter and shop fixtures, and 400l. for book debts—it says "Book debts about 490l., estimated to produce 400l. by debtor, otherwise estimated at 150l"—Mr. Clements was appointed trustee on 6th February, the date of the first meeting, and his certificate is dated February 20—here are two examinations of the defendant, one on March 34 and the other May 5—the transcript of the notes is on the file; that was on 16th June.
ALFRED ERNEST CLEMENTS . I am a public accountant, of 7, Queen Street, Cheapside—I have for some time been acquainted with the tallyman drapers' trade—I represent the majority of the defendant's creditors, all except Mrs. McGuffie for 550l. and two small creditors—the bulk of the debts, amounting to 1,000l., are entered from July, 1879—the purchases from 1st July from the invoices in the defendant's possession show a total of 698l. 6s. 8d.—I sold the stock for about 20l., but it had been twice distrained on for rent, and I am out of pocket—practically I have not had one penny for the estate—the amount of stock was not so large as I expected from the purchases—the sales for six months amount to 321l. 5s. 3d.—one round is deficient of four months, for which I make an estimate, and the total disclosure is about 400l.—the average profit in a retail tallyman's trade is at least 50 per cent.—these goods, got from wholesale houses, ought in six months to have produced about 1,050l.—he has never disclosed the deficiency of 650l., and I can find no means of accounting for it except from the books with the absence of names—this is my appointment as receiver on 3rd February, eight or nine gentlemen have signed it—I went to the prisoner's house at Twickenham on 3rd February—it is a private house, with the front kitchen fitted up as a shop, with a counter and shelves, and large pigeon-holes where goods can be stacked—I saw the defendant and David Mattheson, a lad of 19, who, I believe, is his nephew, and two women—I produced my appointment, and asked him for his books—he said that they were all with his solicitor—I saw two books on the counter, and picked up one, a regular tallyman's ledger—I have recognised them since, and the Magistrate marked them AC 1 and AC 2—the 3rd February was Tuesday, and they are the Tuesday morning book and the Tuesday afternoon book—this was Tuesday evening after the ordinary time of going the rounds—the one I picked up contained the defendant's writing, which I knew well—I said "Is not this one of your books?"—he said "No, that is not; it does not belong to me at all"—I said "It contains your writing, "pointing it out to him—he said "Oh yes, it is one of the books; I must have had it from my solicitor"—he then told me it was the Tuesday book—I picked up the second book, and seeing his writing in it said "Is not this also one of your books?"—he admitted that it was, and said that he must have had that from his solicitor, who he thought had them all—I took up a little black memorandum book, which he said contained the amounts calculated to Mr. Booty on which he paid his commission—Mr. Booty was called on his behalf before the Magistrate—I marked the books, and laid "I will take these two books with me," and asked him to get the others and let me have them next day; he said that he would get the others, but he would not allow me to take those with me—I said "I certainly must take these two"—he said that I should not, and told Mattheson, who was on my side of the counter, to take them from me; I held them up, and the defendant seized my arm and took them out of my hand—I asked to go through the house to see what furniture it contained—he said that it belonged to his mother, and he would go and ask her permission—he left the shop and came back and said that she would not allow me to do so—he knew me perfectly well, and knew where my place of business was; I had been concerned in his previous composition in 1871—I was then a clerk—I left, and saw him next at the first meeting, on 6th
February, at Mr. Lay's office—he was asked for his books, and said that he had not brought them—Mr. Lay, the solicitor, said that he had told him to bring them—he simply replied that he had not—Mr. Haigh, the creditors' solicitor, put questions to him about the deficiency, and he said that a large portion of it was caused through a loss he had made through Turner, his brother-in-law, about 630l. of it—that he put Turner into business, and he had failed, and made a composition of 1s. in the pound—his solicitor asked him whether he did not take the chair at the meeting, and whether he was not the principal creditor by whose vote the composition was carried—he said that he was, and the reason he voted for it was that he did not believe the estate was worth 1s. in the pound—I wrote him this letter on 6th February. (Stating that he was appointed Trustee at the meeting that day, and would wait upon the defendant on Saturday afternoon and take possession of his books.) I went there on Saturday, the 7th, and found the house apparently deserted, the blinds drawn down, and the door closed—I knocked well at the door and rang well, but could not get admission or any answer—he had brought his books to me on 18th February, eight ledgers—these (produced) are two of them; they are marked A. C. 3 to A. C. 8, and refer to particular rounds—he also brought me a London book and a barter book—I found no addresses in the eight ledgers, and I then wrote this letter. (Requesting the defendant to attend on March 1st and give such information as might be required about his estate, and to bring all the books from which the others were posted.) In those eight ledgers many accounts begin "To balance," showing that they were brought forward from other books—they do not appear to be genuine books; great portions of them appear to have been written up at one time. (Pointing them out.) He came to my office on March 1st, and I took down his answers. (Producing a written examination.) The book containing his mother's account he said he copied from slips—that account appears to have been written at the same time—here is "Mrs. McGuffie, creditor, cash May 9th, 1876, 150l.; October 31st, cash 100l.; May 9th, 1877, cash 100l.; September 4th, cash 100l.; March 4th, 1878, cash 100l."—that is money which he is supposed to have borrowed from his mother—he was asked at the first meeting how the money was advanced to him by his mother—he said "In gold and silver"—on 22nd April I wrote him this letter. (Requesting him to show his rounds to the bearer, Mr. W. E. James, introduce him to the customers, and offering to pay 7s. a day for the defendant's services.) I wrote again on 23rd April, saying "I also require to be informed whether or not you are now prepared to show your rounds as required by me yesterday"—on 12th May I sent a formal requisition. (This stated: "You are hereby required to furnish me with the addresses of the customers.") I enclosed ill that the names of a great many persons who I found in the Friday book without addresses—I never got their addresses or the information I required—I should say that every street in the Wandsworth and Battersea district is numbered, and it would be easy for a tallyman to go through the streets, taking his customers in the order in which he calls—on 18th October he was taken before the Justices at Brentford—after November other books were brought to me—those found at Turner's house did not refer to any of these rounds; some of them were for the same districts, but not for the same names—I attended at the South-Western Railway with a booking-office ticket, which was
found at Turner's, and got a parcel with it which contained a number of papers, and two other ledgers containing names and addresses in the defendant's writing—they have the names of some people who are in the other books, but not those in the books given up by the defendant—one is a Hounslow book, containing names which had been originally in the other book; in it is "Good debts, 258l. 8s.," and on the other side is the prisoner's address—A. C. 13 is marked "Staines Book, August 9, 1878"—the account in the first portion of that book is the defendant's writing; it contains addresses—A. C. 14 begins "To balance, "but A. C, 13 does not—I have taken out the money value of the accounts in the different books—with regard to the books found at Turner's, they represent 965l. 14s. 1d., in 69 accounts without amounts; taking them slightly under the average, they would amount to 1,051l. 19s. 1d.—I think three. of the books found at Turner's have the defendant's writing in them, and two have not; I think those are in Turner's writing, but I am not very well acquainted with it—the first book commences with 6th October, 1879, and the Staines book on 8th October, 1879—the 965l. is the amount of the balances at the commencement of each book—the figures are slightly different—the defendant's solicitor produced a book after Booty's evidence, which was sent up to the Court by the Magistrate direct, and I saw it next here—I have looked through it and believe the whole of it to be Turner's writing—it refers to some accounts at to which witnesses will be called—it is impossible for me to get at the amount of debts on the books when Turner became bankrupt; a large portion is subsequent to his actual bankruptcy, but over 700l. out of 960l. was in January, 1880.
JOHN ANDREW JONES . I am clerk to the Registrar of the Brentford Court—I produce the file of proceedings in the liquidation of D. C. McGuffie on 17th November, 1871—a composition of 3a. 6d. in the pound was passed.
CHARLES EDWARD ALLEN . I was managing clerk to Mr. Clements last February, and at the latter end of February, about 5 p.m., I went down to the defendant's premises at Twickenham to take possession on behalf of the trustee—the windows were fastened, the doors dosed, and the inside shutters shut—it is a private house—I knocked and rang several times, and went again next day, Saturday, at 3 p.m., with a policeman, and it was in the same state—I forced the coach-house gate, and tried to break open the back door, but could not—I heard voices inside, and persons came downstairs crying "Thieves" and "Murder"—I told them that I had come from Mr. Clements to take possession—in consequence of what was said, I went round to the front door, which was unbolted, and I went in and found the defendant's mother and wife in the passage, and while I was talking the defendant came downstairs in his top-coat and slippers; he had no hat—he said that if he had been in there would have been no noise, he would have opened the door, but he had just come in—it was raining very hard, and I felt his overcoat; it was dry—I told him I should have to take an inventory of his stock and furniture, and leave a man in possession—he said that he was quite agreeable—I went again the next day and asked to take an inventory of the furniture—he said that he could not allow me to do it, as it was his mother's—I said that I should break open all the doors in the house, and he eventually allowed me to take it—he said that his mother was the tenant, and he lived with her.
EDWARD HENRY ALDRIDGE . I live at 26, Queen's Road, South Hornsey, and am second clerk in the Bill of Sale Office, High Court of Justice—I produce a bill of tale from D. C. M'Guffie to secure 100l. on the furniture and effects at Fulton Villa, Twickenham, dated October 4, 1871—it is entered as certified by order, 7th September, 1872.
WILLIAM HENRY JAMES . I am a draper, of 36, Greenwich Road—I went down to the defendant's twice in April with Mr. Clement's letter and a list of creditors, and saw the defendant, who told me he should do nothing in the case till he had seen his solicitor—I asked him to walk me round the rounds, which he positively refused to do till he had consulted his solicitor.
ELIZABETH PAGE SATCHELL . I am the wife of Edward Satchell. of 4, Victoria Cottages, Albert Road, Richmond—we have dealt with the defendant 12 years for drapery goods and wearing apparel, paying weekly instalments—I produce six accounts, mine, my two ions.', my two daughters', and my adopted son's (Marked G 1 to G 6).
ALFRED ERNEST CLEMENTS . (Re-examined). G 1 is in the defendant's writing, down to 26th June, 1880; the commencement and the heading of G 2 is also his down to 2nd February, 1880; the beading of G 3 is his, and nearly every item down to 2nd February; the heading of G 4 is not his, but the goods entered between June 5 and July, and the addition is his—the whole of G 5 is his except the entry of the balance; G 6 is Mr. Braddle's writing—none of the first five accounts are found in any of the, eight books given up by the prisoner—the balance of 1l. 7s. to Elizabeth Page Satchell on 20th February is correct—these accounts of William, Charles, Maria, Elizabeth, and Miss Satchell, are all on the prisoner's printed billheads.
ELIZABETH PAGE SATCHELL (Continued. The defendant himself called for a number of years up to January or February, after which his nephew always called, but I objected to pay him, and then M'Guffie came with his nephew and told me to give the money over to him—I put it on the table, and the nephew took it up—I said that I thought it was very funny he did not take his own money—he said, "All right, Mrs. Satchell"—McGuffie did not introduce Turner till after Mr. Clements came—Turner never asked me to pay; he only called once—I did not know his name, but I have seen him standing outside when the nephew came in—this is what Turner brought (produced), and a letter with it.
Cross-examined. The defendant did not call on me for some time, he was ill—he called on me in 1879—Turner gave me an invoice in his own name after Mr. Clements called, but not before.
ANNIE HOLMAN . I am the wife of James Holman, of 17, Chesham Place, Richmond—I bought some blankets and counterpanes of the defendant in 1879, and this bill (K) came on the following Monday; it is in the nephew's writing, but the prisoner's heading—on 23rd Feb., 15th March, 19th April, and other dates, I paid 1s. to the nephew, making 8s. paid—I have not paid him since 20th February—Mr. M'Guffie has not called at my house for some time, but I have paid him before January.
(Mr. Clements here stated that the date, name, and amount of the goods were in the defendant's writing.)
Cross-examined. Turner did not come to me—the last time I saw the prisoner was some time before January, 1979—he did not come ragularly in 1878—he came after the blankets came—he did not tell me that he had sold the round to Turner.
LOUISA FISHER . I live at 2, Valentine Villas, Richmond, and have for some time bought goods of McGuffie—this is my bill. (For 3l. 18s.) (Mr. Clements stated that the date only was in the prisoners writing, but that it was on one of his printed headings.) I paid off sometimes 1s. and sometimes 2s., till I brought the account down to 2s. 9d.—I sometimes paid the prisoner and sometimes a young man whoso name I do not know, but he wrote on this bill head.
Cross-examined. The prisoner did not tell me that he had sold the round to Turner, nor did Turner come and say so—all the bills were headed with McGuffie's name, and I believed that the business was being carried on by the same person—if any one had come with a different bill head I should have objected to pay him.
CHARLES PEARCE . I am a bootmaker, of 15, Elm Grove, Kingston—I have dealt with McGuffie seven years, and on 22nd October, 1879, I owed him 2l. 6s.—this is my bill, on which I used every week to mark off the money as I paid him. (Mr. Clements stated that this was all in the prisoner's writing, except one entry, down to January 28, 1880, and that 1s. was paid on 21st January, the day the petition was filed.) This is my daughter's bill, on which her payments are written off (Mr. Clements stated that this was all in the prisoner's writing, except one entry of 24th January.)
Cross-examined. I paid the money to the prisoner himself, and I took the goods in myself—Turner called with him occasionally to collect the money, but I am not aware of his bringing any goods to me—I was generally at home—the bill is headed "McGuffie"—if Turner had called for the money I should not have paid him.
Re-examined. I knew that Turner travelled for McGuffie, but I did not know his name till he was called at Brentford—the goods were supplied by McGuffie.
FREDERICK SIMMS . I live at 5, Elm Grove, Kingston—I had an account with the defendant, which this bill represents—here are my payments down to 26th October, 1880. (Mr. Clements pointed out receipts on this bill amounting to 1l. 0s. 2d., some of which were in the defendant's writing.) I sent the money through the post in stamps to Fulton Villa—my daughter-in-law ordered the goods.
LYDIA SIMMS . I am the wife of Frederick Robert Simms, of 10, Elm Grove, Kingston—I have had dealings with the defendant personally—I never saw Turner till he came here—the documents, P and P I, represent my dealings with the defendant—the first begins Jan. 22nd, 1879, and goes dowr to Aug. 20—P 1 is a continuation of the account—I ordered a blanket of Alfred Booty and a counterpane of McGuffie—I never went to the shop. (Mr. Clements stated that these entries were in the defendant's writing, that 21s. remained due to him on 28th February, which was all paid off by 13th October, 1880, and that the account was on the defendant's printed bill head.)
Cross-examined. I never received an account headed "Turner," nor has any member of my family—I did not know that there was a Turner.
EMMA BATTEN . I am the wife of William Batten, of Elm Grove, Kingston—I had ordered a jacket for 1l. 2s., which McGuffie brought me—this bill was delivered, and I paid McGuffie upon it up to January, 1880, and then I paid Turner. (Mr. Clements stated that the account was on the defendant's
printed billhead, and that the payments down to 14th January, 1880, were in his writing.)
ANN FINNIBURN . I am the wife of Albert Finniburn, of 12, Elm Grove, Kingston—I have dealt with the defendant about three years—the bill represents my account—it is headed "Fulton Villa. Bought of D. C. McGuffie, 16th April, 1879"—McGuffie measured my husband for a suit of clothes at our house, and the goods were sent him—this is the account—R 1 and R 2 represent the dealings between the defendant and myself. (Mr. Clements stated that these accounts were in the defendant's writing.)
JANE SEARS . I am the wife of Henry Sears, of Clark's Cottage, Teddington—in August or September, 1879, I ordered some goods of a stout man, I do not know his name, and he brought them to my house with the defendant—I had a bill in the name of McGuffie—my daughter went to his house frequently to pay, and I went once or twice and paid him personally—Booty came and took away the bill and left this one (produced) in the name of Turner in the place of it—that was a month or six weeks before Mr. Clements made inquiries.
JANE MARCHANT . I am the wife of Robert Marchant, of Teddington—I bought goods of the defendant in July, 1878, and dealt with aim from then to this year—I and T I represent my transactions and the, money I paid him—(Mr. Clements pointed out entries in the defendant's writing)—I never heard of Turner till I went to the police-court.
Witnesses for the Defence.
ALEXANDER TURNER . I live at the prisoner's mother's—I was in his service for two years before October, 1878, and went various rounds with him and assisted him in his business—in January, 1879, I married his wife's sister—I had made an arrangement; with him on 06th October, 1878, that I was to have certain rounds and travel for him the usual way of the Scotch trade—the rounds were part of Richmond on Monday, Wimbledon on Tuesday, Kingston on Wednesday, Hampton and Staines on Thursday, Putney on Friday, and Hampton on saturday—I was to give him for that arrangement 389l. 3s., which was to be paid of the rounds for six months, and so much a quarter afterwards—489l. in good debts was supposed to be done on the rounds at that time; the bad and doubtful debts were not counted in—the business was to be carries on and the money collected in his name till I paid him, and my bill was given for any fresh customers—I got several new customers; I called on 1,300 or 1,400 in a week—McGuffie's nephew assisted me, and also Mr. Booty, and there are several customers whom I have never seen at all—McGuffie went round with me and introduced me to the customers, and he was to assist me in getting the debts in—he also went with me to Clark and Weir's, where he became guarantee for me for any goods I bought, or else I should not have got credit; also at Taplin and Co.'s and Messrs. Bradbury and Greatorex—an agreement was signed at each of those places in my presence, and those houses were informed that part of the round had been sold to me—goods, were sent to me after that in my own name at 2, Fulton Villas, Arragon Road, Twickenham—I engaged Mr. Booty on 26th October, 1878, to assist me—it is not the practice to enter the addresses of country customers because you cannot put down "house on the roadside," but in town the streets are numbered—some of these places are in the country; several of the customers live in cottages and small houses where there is no number—McGuffie generally
burnt his old books when they were posted into the new ones; I burnt several after entering the customers' names into the new books—the old book would only show the dates of the payments, and the new one would show how much was done.
Cross-examined. I am 26 years of age—I was six years at one place before I went to McGuffie's—he gave me food and lodging for two years, but no wages or clothing; I had to pay for that after I went into business—this is the file of my petition, dated 24th November, 1879—I employed the same solicitor as McGuffie, Mr. Lay; he prepared my statement of affairs—I stated that I was unable to pay my debts, and owed about 800l.—I gave a full account of my creditors; I cannot remember how many names there were—the meeting was at Mr. Lay's office, 2, Staple Inn, on 15th December, 1879; I was there, but was not called in—I cannot swear to the amount of any of the creditors' accounts, but McGuffie's was about 508l. 6s. 2d.—at 1s. in the pound 13l. would wipe out all my debts except McGuffie's—this is my statement of affairs, signed by me and by McGuffie as chairman—I cannot say whether only three creditors proved—there are several debts in these books worth nothing which have been standing nine or ten years—the good debts are only 150l.; the books representing them were all taken away—I have got nothing in writing to show the sale of the round to me—I had nothing to do with the books McGuffie gave up—I was not in Court when all the witnesses before the Magistrate were called—I was not shown to about 50 witnesses, nor did they say that they did not know me—new accounts were generally opened in the name of Turner, but Booty may have given the name of McGuffie—I do not know a person named Parish, of Norbiton, but if his debt is in my book it belongs to me—with 1,300 customers it is impossible to say what is in my book—from the time of my liquidation up to the time of the defendant's trustee interfering I collected 2l. or 3l. a week, but after he interfered I did not get 10s. some weeks—this (produced) is one Norbiton book—I have no such customer as Parish in this book, it must be in the two books that Booty had, which he lost—he travelled for me—he was my servant, and I paid him—the account commences August, 1879, but he may have given the invoice in the wrong name—this account of Mr. Sawyer's (produced) is in Booty's writing, but it is on the defendant's heading—Booty is supposed to have paid me, but if he took a shilling I cannot say—this (produced) is the loss book for the Kingston district—I know Booty's writing, and every account since 26th October was sold for me—this is another account of mine for things sold by Booty (Opened Jan. 4, 1879)—I cannot swear that Booty accounted to me to a shilling; he gave me the money on a slip of paper—I was to trade in the name of McGuffie, but I instructed Booty to enter new customers in my name—this account of Mrs. Holman is mine; McGuffie himself opened it for a pair of blankets—that account is entered in this book, which the Magistrate impounded; the new book is not finished yet—here is "Mrs. Holman, Jan. 5, 1880, 14s. 6d.; Jan. 13, 1s. paid, leaving 13s. 6d.," and other shillings paid bringing it down to 9s. 6d.—I did not go on entering because I have not booked up my debts lately—the old book is destroyed—I burn books also—I have collected money on a Saturday without the book, and Booty has done the same and given me the money—he was always with me in the morning—I never met him; we have often after
dinner gone from Old to New Hampton, and at 5 o'clock reached the railway station—I never saw McGuffie enter payments at the railway station—if I have had too much silver I have changed it into gold with McGuffie at the hotel—I have seen Booty go out and get gold to give to McGuffe, but he would give it to me—I was paid 10 per cent, on money collected, and 2s. on every fresh customer—I paid McGuffie nothing but his expenses; he assisted me according to the agreement—I had invoices printed in my own name in 1878, and I always used them when new accounts were opened—I claim the whole of the money collected except these three accounts from Surbiton, which McGuffie, jun., has—this is a bill of sale on my furniture, given in Jan., 1880, and the bill of sale people took my property—I could not pay, as the trustee injured my property.
Re-examined. The trustee gave notice to my customers, and they refused to pay me; that destroyed my business and I could not pay the bill of sale.
By the COURT. My debts in 1879 were 800l.; I paid 389l. for the transfer of the business—I paid 60l. off the debt of the clothes bill—he was paying the wholesale houses—I lost 800l. in thirteen months, and I had no stock left—Booty has been bankrupt.
JOHN WEIR . I am one of the firm of Clark and Weir, of Bow Lane—before October, 1878, we supplied McGuffie with goods, and he brought Turner to us in September, 1878, who he said had bought certain rounds of him, and asked if we were willing to supply Turner on the same terms as we supplied him—I said yes, if he would guarantee the payment of the account—he ultimately gave us a guarantee, and we supplied goods to Turner, but we did not look upon him as the responsible man; we looked to McGuffie.
Cross-examined. At the second general meeting, on 24th December, in the liquidation of Alfred Turner, we represented 114l. 0s. 6d., being the sole other creditors except McGuffie, and assented to 1s. in the pound—I received McGuffie as a responsible man, and looked on Turner as nothing—I said "It is nothing to me, you may take a penny in the pound if you will"—these (produced) are some important letters which Turner wrote to me—McGuffie has not paid our full deficiency; our loss is over 200l. over the prisoner—this is my proof against him—the amount is 244l. 18s. 8d.—he was our customer as well as Turner—that amount includes the debt to Turner—I gave Mr. Lay a proxy to do the best he could, because I had the guarantee.
GUILTY.— Judgment Respited.
FOURTH COURT.—Thursday, February 3rd, 1881.
Before Mr. Common Serjeant
236. JOHN BERRY* (17) PLEADED GUILTY to uttering three orders for the payment of 5l. 10s. 6d., 30l. 10s., and 9l. 9s., and to a conviction of felony at this Court in February, 1880.— Five Year*' Penal servitude. And
237. HORACE MORGAN (24) and CHARLES KENDRICK(24) to breaking and entering the dwelling-house of Charles Page, and stealing therein one ton of paper and other goods, his property. MORGAN— Twelve Months' Imprisonment. KENDRICK— Fifteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
MR. AUSTIN METCALFE Prosecuted; MESSRS. GRAIN and CRANSTONE Defended.
DUNDAS JOHN ROBERTS WILLIAMS . I am Clerk at the Thames Police-court—the summons produced was issued by Mr. Saunders on the 30th of August last to Septimus Mellish, for obtaining by false pretences 4l. 4s. and other sums from Henry Ellis and other—I was present when Mr. Mellish appeared to the summons on the 7th September, which was heard before Mr. Saunders—I have a copy of the notes I took of Mr. Symes's evidence, also the original notes—I took down the answers, but not all the words, only what I thought material—I have a good memory—I remember Mr. Symes being sworn, also the question as to the partnership arising—the question was asked by Mr. Catlin, a solicitor—I think it was "Were you in partnership with Mr. Mellish?"—the answer I remember was "No, I never was in partnership with Mr. Mellish"—he was asked again and gave the same reply—the summons was dismissed—the Magistrate did not mention the grounds of its being dismissed.
Cross-examined. I believe Mr. Symes was represented by Mr. Nind—Mr. Catlin appeared for Mr. Mellish—the question was put in cross-examination—in effect Mr. Symes charged Mr. Mellish with having collected moneys which belonged to Mr. Symes, and Mr. Mellish said he had a right to collect them as he was a partner—the late Recorder's Act was not mentioned, but the charge amounted to embezzlement, and I believe that is why the summons was dismissed.
SEPTIMUS MELLISH . I live at 141, High Street, Shad well—on the 7th September, 1881, I appeared to a summons before Mr. Saunders, the Magistrate at the Thames Police-court—I heard Mr. Symes give his evidence—he was asked by Mr. Catlin, my solicitor, whether a partnerhip ever existed between myself and Mr. Symes—Mr. Symes said it never had—the question was asked twice and Mr. Symes gave the same reply—I produced at the police-court this document marked "A" (Agreement dated 16th March, 1877, to allow Mellish one-fourth part in syrnes's patent for economising gas.)I know Syme's writing—this is his signature to this document marked "G." (Agreement of partnership of 21st June, 1879.) The partnership continued about a year—I assigned my interest to him that he might assign the whole to a limited company—the company sold the gas carburetters to a very limited extent—it was wound up eight or nine months afterwards—I entered into a verbal agreement with symes on the 4th of February, 1879, that we should work a certain portion of the patent and divide the profits equally—the circulars and cards and billheads were afterwards printed—these are copies produced. (Announcing Symes, Mellish, and Co.'s patent carburetter.) This is a receipted bill of Mr. Adams Spencer for two guineas paid to Symes, Mellish, and Co., on the 17th February, 1879, for No. 2 carburetter—it is my writing; that bill is the billhead of the firm—I was present at the Whitechapel County Court on the 30th of August when the action between George Symes and John Russell was tried, to recover 18l. 15s. for goods supplied—the summons was dismissed—on the same day a summons was taken against me—I appeared on the 7th September.
Cross-examined. The summons against Russell was also for moneys which he had collected on behalf of the firm—Russell denied having
received any moneys—I do not remember his saying that I had received them—I had received a portion of them—you have a list—I received about 10l.—Russell was only an agent; he never said if he had received moneys he had accounted to me as a partner—the partnership ceased so fat as getting orders in July, 1879; but there were accounts unpaid—I believe July, 1879, was the date when Symes's interest in the patent was sold by auction—Symes did not join in the conveyance to the purchasers—I assigned my interest to Byrnes—I do not think I saw the conditions of sale; I was present at the sale—I took no interest in the patent—I had simply sold the shares of the company—I continued to collect moneys for carburetters sold during what I alleged to be the partnership—I did not hand them over to Symes, because I had to pay accounts outstanding—I collected as late as the 11th February, 1880, 2l.—I will swear I did not collect any as late as September and October, 1880—I collected in 1879, on the 10th November, from Ellis Brothers 3l.; in December, from Mr. Young, Canning Town, 5l.; they are licensed victuallers—on the 11th February, from Mr. Hannen, of the Mile End Road, 2l.—that is the last—I eave them receipts—Symes was entitled to half the profits after the debts were paid—there were no profits, because there were accounts to pay—I paid Mr. Russell, a gasfitter, 1l. 10s. for putting a carburetter on, and for commission—I changed the name over Russell's door by dropping the "Symes"—I paid several small amounts to tradesmen; I took no receipts for them—I have a book here—I paid Russell again in December, 1879, 1l. 10s.; I also gave him 1l. out of Hannen's account—I paid Hannen 19s.—I said at the police-court "There never was any deed of partnership in respect of the partnership between February and July, 1879"—I found 10l., 15l., or 20?. as capital from the partnership; it was paid as it was required—I am an electrician—I was an electric and pneumatic bell maker—Symes said he never was a partner; he did not qualify that statement by saying "in respect of those amounts," or "in the respect mentioned"—he did not qualify it at all.
Re-examined. I collected 10l. on behalf of the firm, and I paid various amounts away—I am also liable for about 6l. more; it was understood that I was to collect—Symes collected 4l. from Rumbold; be did not account for it.
JOHN RUSSELL . I am a gasfitter, of 4, Mile End Road—I knew the firm of Symes and Mellish—I remember fitting up carburetters in March, 1879—both parties applied to me in March, 1879, to become agent for fixing Symes, Mellish, and Company's carburetters—I 'agreed to become agent on terms—I continued agent about 18 months.
Cross-examined. I was sued in the County Court by Mr. Symes, partly for goods delivered, and partly for moneys I never received—I never, collected any moneys—I received a carburetter to show, and that is in the window now—it is correct to say that about 22l. worth of goods went through my hand's—the amounts received from Ellis Brothers and from Hannen were put in the particulars of claim—on those amounts I received my commission, that is all; some of it from Mr. Symes, and some from Mr. Mellish.
JOHN HOWARD . I am an Associate of Civil Engineers, and have offices at 8 Old Jewry—I was introduced to Mr. Symes by Mr. Mellish, as his partner, in July, 1879—I bought the patent at a public auction on the 15th July, 1879—I received these circulars and other documents, from
Symes, Mellish, and Company—the green one I received on the 27th March, 1879—Symes's writing is on the back of it.
Cross-examined. I did not lock at the conditions of sale—the patent was assigned to me by the Official Liquidator of the Company and Symes—Mellish had nothing to do with that—I knew such a person as Mellish was a partner; I had not seen him—I did not require Mellish to join in the assignment.
THOMAS COTTRELL . I am the landlord of the Queen Victoria, Exmouth Street, Commercial Road—about March, 1879, I was canvassed by Symes, Mellish, and Company to have carburetters fixed in my house—I saw both of them several times about it—the testimonial of May 1st, 1879, is my writing—it is addressed to the firm; I believe I gave it to Mr. Mellish.
Cross-examined. Mr. Mellish collected my money, and gave me a receipt for it—I cannot say which of them asked me for the order.
THOMAS ADAMS . I live at the Spencer Arms, Dean Street, St. George's—In-the-East—I was canvassed about February, 1879, by Mr. Mellish to have a carburetter fixed in my house—I also received circulars similar to these produced—this is the account signed "Mellish and Co."—Mr. Mellish signed it—the date "17th February, 1879," I think is correct.
The prisoner received a good character.
NOT GUILTY .
DEVINE PLEADED GUILTY . He received a good character.— Twelve Months' Imprisonment.
MR. RAVEN, for the prosecution, offered no evidence against.
BALDWIN— NOT GUILTY .
MR. GEOGHEGAN Prosecuted.
JOHN WHEELER . I keep the Camden Arms, Camden Town, 8t. Pancras—the prisoners came into my bar, and were served with liquor, about 11.15 p.m. on 6th January—they remained till 12 p.m.; they went out to the back; they remained 10 minutes or a quarter of an hour—I closed the house at 12.30, and saw that all was safe, including the window over-looking the back yard—about 5.15 a.m. on Thursday the 7th my hand barman woke me—I went into the bar; I found the lower part of the bar-parlour window had boon broken open—it looks into the yard the prisoners went into, and where there is a urinal—I missed from the bar a bottle of orange gin, a bottle of Dunville's whisky, a bottle of un-sweetened gin, a bottle of Scotch whisky, 10s. worth of silver, and bronze, which was put for change for the morning on a shelf in the little bar, a quantity of farthings from the till, and 20 thin Swiss 1d. cigars—these nine cigars produced are similar—the bottle of orange gin produced is similar to the one I lost—I have only sold one bottle of it since I have been in business; that is nine years—the other bottles are similar to those I missed—the window is about 2 feet from the ground.
Cross-examined by Ramsey. Twenty or thirty people go out to the back in the course of the day—this whisky bottle when handed to me by the police did not appear to have been washed; the label is scratched.
CHARLES DODD (Police Inspector Y). At 9 a.m. on 7th January I received information about this burglary; I went with Sergeant Lucas to 51, Litcham Street, Kentish Town—in the first-floor front room I saw Barrett and Ferry drunk—a man and two women were with them, also drunk—I told them I should take them into custody, and they would be charged with breaking into the Camden Arms—they made no reply—this orange-gin bottle was near Perry; it was empty—I took Perry and Lucas took Barrett to the station; we had some difficulty—I searched Perry, and found 24 pennies, 23 halfpennies, 7 farthings, a threepenny piece, and some of these cigars in his right-hand great-coat pocket which he was wearing—I said "How do you account for having so much copper money in your possession?"—he said "My master gave it me"—I said "Who is your master?"—he said "Find out'1—the charge was then read to them—Barrett said "I do not know the place; I was not in the town last night"—the station is about three-quarters of a mile from their lodgings, and a similar distance from the place of robbery.
THOMAS LUCAS (Detective Sergeant Y). I accompanied Dodd to 51, Litcham Street—I took Barrett into custody; I saw Dodd find the orange-gin bottle—I asked him how he accounted for the possession of it—he said "B—well find out"—Dodd took Perry and I took Barrett to the station; they struggled, and we had great difficulty in getting them along—I found on Barrett 20 pennies, 21 halfpennies, 4 farthings, 2 sixpences, a portion of these Very-fin cigars—tasked him how he accounted for them; he said "B—well find out"—they were drunk, but not unconscious—they wore very violent; Barrett put the tongs in the fire and got them hot, and said he would kill us; he threw the window up; I had to stand with this bottle in my hand and the leg of the table to protect myself, Perry was so violent—we got assistance; I did not think we should come out alive at one time.
Cross-examined by Ramsey. You were not present.
Re-examined. I had a description of the prisoners.
CHARLES MILLER (Detective Sergeant Y). At 8 a.m. on 8th January I went with Lucas to Great College Street—I saw Ramsey in a public-house; I called him out—I said "I shall take you into custody, and you will be charged with two others in custody with burglary at the Camden Arms on the morning of the 7th, and stealing four bottles of liquor, some cigars, some bronze money, and some farthings"—he said "I do not understand you"—we took him to his lodgings at 10, Prebend street, which is about 100 yards from the prosecutor's house—I found in a cupboard in Ramsey's house this whisky bottle with some liquid in it—which was not whisky—in another part of the room I found 22 farthings and nine cigars in a bat-box on the table—these produced are similar—I asked him to account for the possession of these things—he said "My wife saved the farthings before she went into the infirmary; a friend at Plaistow gave me the cigars; I do not know his name nor address"—as, to the whisky bottle he said "My wife used it for medicine previous to going into the infirmary"—he afterwards said "I received most of those farthings in change for shillings"—I asked him where, and he said he did not know; he also said a sculptor in Bolsover Street gave
them to him—I asked him his name and address; he said he could not tell me—he said "I was in the Camden Arms on the night in question with two friends I did not know; we wanted a pot of beer; I had only got 2d. to pay for it, and I asked the landlord to lend me 2d., which he refused to do"—I took him to the station; he was charged—he made no answer to it; I found on him seven penny pieces, four halfpenny pieces, and two farthings and 26s. in silver—from what he said about his wife I went to the infirmary.
Cross-examined by Ramsey. I found no varnish or oil bottle—I know of no conviction against you—I never saw you before that night.
ROBEET JOHN STEGGLES . I am a tailor, of 10, Prebend Street, Camden Town—Ramsey lodged with me three weeks before the 6th January—on that evening I went to bed about 10.15 p.m.—Ramsey's bedroom is on the second floor back; I sleep in the first-floor front; it is about 12 feet from door to door, and my feet are within 18 inches of my bedroom door—I was awoke by hearing strange men's voices in Ramsey's room—about 2 a.m. I listened; I heard three persons go out—I heard them say something, I could not understand what it was, but the third person slammed the street door, the two having gone out first—about 4 a.m. I heard those persons return to Ramsey's room—at 5 a.m. I heard a great disturbance, quarrelling and swearing—at 5.15 I got out of bed, opened the door, and listened—one man said "Lord blame you, what have you done with my hat, where is my hat?" then another said "Where is the other bottle, there is more bottles than those; what have you done with the other bottle?"—I found it rather chilly, and went back to bed—at 6 o'clock I was obliged to get up on account of the swearing and noise—I went to Ramsey's room and knocked at the door—he came out holding the door in his hand—I said Mr. Ramsey, I cannot have such a disturbance in my house; I have had the house for 28 years, and never had such a noise in my life"—he said they were only three friends that he had known when a soldier, and he had a right to bring in whomsoever he thought proper—I could not see in the room—at 7.20 I saw two men leave the house—I cannot recognise them, but the rear-rank one had a drabbish coat on—they were under the influence of drink—one of them said "He is a b—messer; we won't have anything to do with a b—messer like him any more; he is welcome to what he has got"—I only saw the behind of the rear man's coat—about 8.10 I received a post letter, and I went into Ramsey's room—I thought I heard female voices, and the letter was a decent excuse—I saw a similar whisky bottle to this standing on the table; the room smelt like a little hell full of brimstone—it smelt of spirits.
Cross-examined by Ramsey. I received no answer to my knock, so I Walked in—I do not spy on my lodgers if they are respectable—I know it was a whisky bottle because I saw the label—I know a man's voice from a woman's.
Barrett's Defence. I came in possession of the copper money by selling papers, and I worked hard for the cigars, selling papers.
Perry's Defence. I never saw the bottle before in my life. I thought we were charged with being drunk; instead of that the bottle was placed in front of us, and we were accused of burglary.
Ramsey's Defence. On the 4th January and following days I was working at Plaistow, and earned the money found upon me. I met the other prisoners and we drank together, and I went to this public-house,
where I knew I could get drink when I had already too much. I had a woman in the house, and did not want to let the landlord know. He made a mistake in what he heard, for the woman's words were "Are you going to throttle me, you b—messer." I have 16 years' good character. I was educated at the Duke of York's School, and have been four years a guard on the Midland Railway.
GUILTY . BARRETT and PERRY PLEADED GUILTY to a former convition of felony.— Two years' Imprisonment each. RAMSEY— Nine Months' Imprisonment.
NEW COURT.—Friday, February 4th, 1881.
Before Mr. Recorder.
MR. MONTAGU WILIAMS for the Prosecution offered no evidence.
NOT GUILTY .
MESSRS. MONTAGU WILLIAMS and MEAD Prosecuted; MR. GRAIN Defended.
FREDERIC BIDGOOD . I trade under the firm of Bidgood, Jones, and Wilson, at 6, Vigo Street, Regent Street—on the 7th October I received this letter dated the 6th. (This was dated from Russell House, St. Andrew's Rood, Hastings, signed "C. J. Smith," requering samples of stating that being a new beginner he could offer no trade references, but he referred to Mr. Whitehead, of Liberia Coffee-house, and Mr. Longland, also stating that he was about opening a pushing tailoring business, in which he was placing 600l.) On receipt of this letter I wrote to the two gentlemen mentioned, and on receiving their replies I sent the prisoner the pattern he asked for—I then received this letter dated October 4, enclosing an order for coatings amounting to 139l. 8s. 7d.—I directed my packer, Mr. Cole, to send those goods—oil the 16th of October I received this other letter enclosing an order for trouserings; I executed this order; it amounted to 54l. 0s. 4d.—on the 26th October I received this other order amounting to 43l. 5s. 2d. making a total of 237l. 14s. 1d.—on the 17th November I received a telegram from my traveller fit Hastings, and by the 18th I went there and went to No. 4, York Buildings—I found the shop door closed, and nothing in the shop; I did not find the prisoner there—on returning to London I applied for a warrant at the Marlborough Street Police-court, which was granted—I afterwards received a telegram from Mr. Glenister, the superintendent of the South-Eastern Railway at Reading, where my goods were, and I received them on my manager giving the Company an indemnity—I received this letter Of November 30th, signed Hope, dated from Cheapside, London, with the Hastings post-mark of December 2. (Read: " Gentlemen,—Mr. Smith, of York Buildings, Hastings, being in difficulties some time since, handed me five bales of cloth to protect against seizure by the Sheriff. He now informs me, as there is no prospect of opening the shop at Hastings, he wishes them returned intact. I have there fore instructed the Railway Company to forward the same to you immediately.")
Cross-examined. I never saw the prisoner till he was at the police-court; the whole of the transaction was by writing—I said at the police-court, "I was induced to part with the goods on account of the satisfactory answers given by the two gentlemen to whom he referred, that was the only reason," but I rectified that at a subsequent examination—a gentleman from Messrs. Wontner's office then appeared on behalf of the prosecution; he did not ask me to rectify my answer, I did it myself; I did not see that my answer exonerated the prisoner from the fraud—the original fraud was his false statement about never having been in business before, thereby dispensing with trade references, and also stating that he was coming into a large sum of money; it was that induced me to part with the goods—the terms were six months' credit, and at the expiration of six months a bill at three months; that was about nine months' credit, subject to a discount of 5 per cent, if he paid cash.
SAMUEL COLE . I am a packer in Mr. Bidgood's service—on the 14th October I packed two bales addressed to Mr. Smith, Russell House, St. Andrew's Road, Hastings; on the 19th of October one bale addressed to 4, York Buildings, Hastings; and on the 28th another bale to the same address—on each occasion I handed these bales to Thomas Wood, Pick-ford's carman.
THOMAS WOOD . I live at 34, Clarence Road, Kentish Town—I am carman to Messrs. Pickford, railway carriers—I recollect collecting four bales of goods from Mr. Bidgood's, which I received from Cole, the first two on the 14th October, another on the 19th, and another on the 28th; I took them on each occasion to our office for delivery.
GEORGE JEFFS . I live at 7, Earl Street, Finsbury, and am a carman in the employ of Messrs. Pickford—I took two bales addressed to Smith, of Hastings, from the office on the 14th of October, and delivered them at the South-Eastern Railway, Bricklayers' Arms—on the 28th October I delivered a bale addressed to Smith, of Hastings, at the same place.
JAKES ACKERS . I live at Cross Street, Hastings, and am a carman in the service of the South-Eastern Railway Company—I delivered from the goods department on the 18th of October two bales of goods addressed, "Mr. Smith, 4, York Buildings;" a man named Hermitage signed for them.
HENRY HERMITAGE . I live at 9, York Buildings, Hastings, and am a piano tuner—in October I received from Ackers two bales of goods at 4, York Buildings; I initialled the delivery, and delivered the bales to Smith the same day—4, York Buildings is a house lately turned into a shop—there was nothing in the shop when these goods arrived, only some things belonging to us and a few chairs.
JOHN MORRIS . I am a luggage porter at Hastings—on Monday, 1st November, I took two bales from the goods station at Hastings to 57, Stonefield Road, Hastings, addressed to Mr. Smith, to be left at the station till called for—57 was an empty shop—a man called at the station to give me directions; I knew the man by sight, but not by name.
WILLIAM STARR . I am assistant to Mr. Ruby, a grocer, of 57, Stone-field Road, Hastings—on 30th October the prisoner came and asked to be allowed to put some goods next door in an empty shop which we had to let—I said "Yes"—some goods were brought on 1st November, and remained there till the following Saturday, when they were taken away—he has not paid anything yet for letting them remain there.
DAVID DEEPROSE . I am a carman—on 6th November I received five bales of goods from 57, Stonefield Road to take to the Battle goods station, which is about seven miles from Hastings—the man who asked me to take them was a stranger.
WILLIAM BREACH . I am station master at Battle, on the South-Eastern Railway—on 6th November five bales of drapery were delivered there consigned to Hope, of Beading—I forwarded them there—from information I received I wrote to Hastings.
JAMES LIDDIARD . I am warehouseman at the Beading Station of the South-Eastern Railway—on 8th November five bales of drapery were received there from Battle—they remained there till 22nd November, when they were identified by Messrs. Bidgood and delivered up to them.
JOHN REEVES . I am landlord of 4, York Buildings, Hastings—in August last the prisoner took those primises on a lease for 7, 14, or 21 years—I am not aware that he ever used the premises—I never received any rent, there was hone due, they were never opened.
WILLIAM HENRY WHITEHEAD . I live at 37, Santley Street, Brixton, and am secretary to the Liberia Coffee Company—I know the prisoner; I became acquainted with him at the latter part of 1879—he was carrying on business at Croydon as a house furnisher I think—after that I met him several times in the street, and he called several times on me—I never had any business transaction with him—in April or May last he said that he was about opening a place of business in the Colonnade at Eastbourne, that he had sold the lease of his premises at Croydon, and he showed me a letter that purported to come from his sister at Bourne-mouth; he read me a portion of it.; it was to the effect that she would let him have about 800l., perhaps more, in the course of a few months—he said there were certain family matters to be settled—the letter was signed I think Clara Smith, but I can't speak positively to the Christian name—he asked me if he might use my name as a reference—I told him I could not give him a trade reference, but I had no objection to his using my name—I believed his statement about the 800l. to be true—he told me he had a capital of 600l.—after that I received several letters from persons, amongst others from Mr. Bidgood—after the business was opened at Eastbourne the prisoner brought a man named Longland to me and said he was his cutter, that he was about to open a business at Hastings, that he had a capital of about 400l., that he had known him several years, and he asked me if I would be a reference for him—I said I did not know Longland—he assured me that he was a thoroughly respectable man, and I had every confidence in Mr. Smith; I thought he was everything he represented himself to be—I did not know that he had given Longland as a reference for himself.
Cross-examined. I have a very small business—I might have said if anything happened to me he would have the business, because I always thought he could claim it as my eldest brother—I was ill for a few days.
WILLIAM PARSONS . I live at 16, The Colonnade, Eastbourne—I am a newspaper editor, also lessee of No. 6—the prisoner took a lease from me on 16th July—he remained till the end of September or beginning
of October—he requested me to receive goods for him—a quantity of coats and hats came from Cooper, Box, and Co.—they were removed a few doors away and sold by auction—the prisoner's business at No. 6 was that of a hosier, hatter, and tailor—the sale was to pay an execution; I pressed him for rent, and there was another execution put in and he Was sold up—I was paid one quarter's rent—Longlands assisted the prisoner in the shop.
EDWARD HANCOCK (City Detective Officer). I went to Eastbourne will a warrant for the prisoner's apprehension—I was unable to find him there, and afterwards went to Hastings and to Brighton—on the 8th December about 8 p.m., I saw the prisoner leave No. 1, Belgrave Place, Brighton—I said "I believe your name is Smith?"—he did not answer me—I then said "I know your name is Smith; my name is Hancock I am a police officer; I hold a warrant for your arrest"—he made no reply—I took him to No. 1, Belgrave Place; he had taken a furnished house there—I read the warrant to him—he said "I hate done the very best for my creditors; I have given up all my possessions. Messrs, Box and Co. would have had their goods, only a fellow come in under A bill of sale and sold them out of my hands"—I went to the Pelham Arcade, Hastings, to find Longlands—I cannot find him.
Cross-examined. I have seen him write twice, the signature to the lease and this cheque.
Re-examined. I have had several letters from him—to the best of my belief the documents produced are his Writing.
GUILTY .— Five Years' Penal Servitude. There was another indictment against the prisoner.
MR. BESLEY Prosecuted; MESSRS. WARNER SLEIGH and FILLAN Defended.
GEORGE PORTCH . I am a grocer, of 6, Queen's Terrace, Fulham—the prisoner called on me every Tuesday—on 12th November I paid him 9l. 10s. in respect of this account of Messrs. Goddard, and he gave me this receipt—on 23rd November I paid him 4l. 5s. 6d., for which be gave me this receipt.
Cross-examined. I did not know him before he was in the prosecutors' service; he called for orders as a traveller—he did not ask me for the money; I gave it him, as I wanted to settle the account and get the usual monthly discount—he was at first unwilling to take it but I said I would rather settle it—I knew he was not the collector—I did not knew that he had no authority to receive money—many travellers take my money in the same way.
EDMUND GODDARD . I am a member of the firm of Genner, Morton, and Groddard, of Cannon Street, wholesale dried fruit merchants—the I prisoner entered our service as town traveller oft 6th November, 1880—I have the agreement which he signed—on 9th November he received 1l. 2s. 10d. from Mr. Portch, but did not pay it over until the 24th—he made no mention then of having received 9l. 10s. on the 12th November of 4l. 5s. 6d. the day before; he never paid over either of those sums—I never knew that
he had rceived them till I received this letter—he was discharged on the 29th November for withholding information respecting accounts, not with reference to any embezzlement; my partner discharged him—he never accounted for 8l. 19s. 8d. received from Mr. Vining on 17th November. (The letter was from the prisoner, stating that he had lost his bag out of his trap containing his pocket-book, also some money received from Portch, Vining, and Gill, which he hoped would be covered by the commission due to him.) There was no commission due—he was allowed 30s. a week for expenses, and he deducted 50s. a week on account of commission—I paid him myself every week; nothing was due.
Cross-examined. I have been in business since the 1st July, last year—we had about seven or eight travellers—the prisoner was sent to a customer named Hayward for a cheque—I don't know of my own knowledge what Hayward is; I was informed that he kept a coffee shop—the prisoner was discharged for not informing us that Hay ward was not a grocer—we told him he could come in a fortnight and have his fortnight's money—I don't know whether he has ever had a commission account tendered to him; my partner can say—there is none due to him—we kept no books between the prisoner and ourselves, only a commission book—I believe it is at the office—he gave in a delivery-sheet every morning; those are at the office.
Cross-examined. I dismissed the prisoner on 29th November—this letter was received a day or two afterwards.
THOMAS VINING . I carry on business at 4, lime Street Passage, Leadenhall Market—the prisoner called on me once a week for orders on behalf of the prosecutors—I gave him an order for goods amounting to 8l. 19s. 8d. for which I paid him on 17th November, and he gave me this receipt.
Cross-examined. He did not ask us for the money; I believe I asked him to take it, became there was something that ought to have been taken off before, for cartage—he may have said "Mr. Form is the collector you had better pay it to him"
Cross-examined. I only knew him since he came into the prosecutors' service—he told me that he had been in the army; he did not tell me that he had been bought out by his friends—I have heard that he. is highly connected, and that he is a gentleman by birth and breeding.
WILLIAM JOHN FLUISTER (City Detective Serjeant). I took the prisoner into custody on 22nd December as he was on parade at Hotmslow Barracks in the uniform he now wears—I read the warrant to him—he said "There are two other sums besides that, and I have sent a letter to the firm stating them"—I had only mentioned one sum—he said he had lost his bag one foggy night out of his trap.
EDMUND GODDARD (Re-examined). I believe he had samples of ours in his possession—I don't know that new samples were given him because he said he had lost the others—never hoard that had lost his bag until
this letter came—he said nothing about it when he was discharged—my partner gives out the samples.
ALFRED GENNER (Re-examined). To my knowledge he had no samples given him to replace some that he said he had lost; I never heard of it—I do not give out the samples; there are several in our sale room who attend to those matters; it is part of Mr. Henderson's duty to give out samples—I have no knowledge of his giving any to the prisoner to replace those he lost; this is the first I have heard of it.
By the terms of the agreement the prisoner was engaged as a traveller, with a varying commission, one-sixth of the bad debts to be paid by him out of his commission accounts to be made up quarterly, and in the event of any deficiency in one quarter the amount to be deducted at the next, and it concluded in these words, "This arrangement shall not be construed into a partnership;" the agreement to be terminated by fourteen days' notice on either side.
MR. SLEIGH submitted that by the terms of this agreement, notwithstanding the concluding passage, the prisoner was made absolutely a partner.
MR. BESLEY contended that by the decisions it was a question for the Jury. Cases referred to, Reg. v. Bailey, 12 Cox Criminal Cases, Reg. v. Tite, and Reg. v. Negus, 2 Law Reports, Crown Cases Reserved., 244.
The RECORDER, after stating that the various decisions in these cases depended much on the particular circumstances of each case, was of opinion that the prisoner was not a partner, or a clerk or servant within the meaning of the statute, but he left the case to the Jury on the merits.
NOT GUILTY .
MR. RAVEN Prosecuted.
SAMUEL WILLIAM RAWLEY . I am a brushmaker, of 11, Spring Street, paddington—about 11 o'clock on the night of 6th January I was going to South Kensington Station; I don't know the name of the street—I was alone—I was suddenly surrounded by I believe four men; one of them taller than the prisoner put his arm round my neck and held my mouth; I was pulled down on the ground—I did not receive a blow—I had about 3l. in gold and silver in my waistcoat pockets; when I got up about 14s. was still there, something over 2l. was gone—the men ran away—a policeman came up and brought back the prisoner, and we went to the station together—the constable showed me this silver knife; it is my property, and had been in my waistcoat pocket before I was knocked down; I also lost my hat, and the prisoner left his in place of it—this is my hat, and this is the one that was left behind—I was not hurt at all.
Cross-examined. When you came back with the policeman he did not say "Is this one of them?" nor did I say "No"—I could not identify you.
HENRY ROBINSON (Policeman B 95). On the night of 6th January, a little after 11, I was in Simmonds Street; I saw the prosecutor lying on the pavement and the prisoner and another man in a stooping position over him; I ran towards them and they ran away—I followed the prisoner for about fifty yards and caught him; I said "What have you got in your hands?"—as soon as I said so he threw away this knife—I said "Where is the money?"—he said "I have got no
money"—I took him back to the prosecutor and showed him the knife, and he identified it, and he claimed the hat which the prisoner had on.
ELI SMITH (Policeman B 18). I was on duty in Simmonds Street about ten minutes to 11 on the night of 6th January—I saw the prosecutor partly in the gutter and partly on the pavement; he said he had been robbed—I met the other constable about forty yards away with the prisoner in custody, I went back with him to the prosecutor—the prosecutor's right hand trousers pocket was pulled right out and his waistcoat pocket also—at the station I took this hat off the prisoner's head, and the prosecutor identified it as his.
The prisoner in his statement before the Magistrate and in his defence denied being any party to the robbery.
GUILTY .— Nine Months Imprisonment.
THIRD COURT.—Friday, February 4th 1881.
Before Mr. Common Serjeant.
MR. THORNE COLE Prosecuted.
DANIEL CRONIN . I am a labourer of 14, James Street, Kensington—on January 20th, about 1.30, I met the prisoner, who I had known five or six years by sight—he went home to repair my boots, and had dinner with me; after which we had a pot of ale about 2.30, and about 4 o'clock he had done my boots—he is a boot-closer—I did not notice anything peculiar about him—my wife came in about 6.30, and about 6.40 the prisoner made a peculiar motion with his mouth, and his hands trembled, and then he fell on the floor apparently helpless, and I thought in a sort of fit—I had never had any disturbance or quarrel with him—I lifted him up and he seemed rather angry, and took up the chair which he had fallen off, and struck me across the head with it, and broke the back from the seat—he lifted it with two hands and brought it down on my head—I then knocked him down with my fist—he fumbled in his breast pocket while he was on the floor, took out a sheath, got up, and pulled this shoe maker's knife out of it, with which he had been repairing my boots—my little boy cried oat, "Oh, mother, he has got a knife," and he made a sort of spring from me to the boy—my wife came between us to separate us, and he stabbed her in her right arm, and then tried to cat my neck, and slightly wounded it—he got near the door of the room, where there is no hand-rail, and gave me and my wife a push, and we both went down the stairs, which are rather steep—as he was shutting the door I pot my hand out, and he nearly cut off one of my fingers with the knife—he then shut himself into the room with two of my children—my wife called for help—in two or three minutes I went up again, burst the door open, knocked the prisoner down on the floor, and took away the knife—a young man and the landlord came to my assistance, and he was secured till the police came.
The Prisoner. I am suffering from a fearful complaint, and I do not remember a thing that occurred.
tea—I said, "No, I have got no tea to spare, I think I have given you quite enough"—I was sitting by the prisoner's side and he made some funny motions with his mouth—I had never seen him before—there had been no quarrel between him and my husband—I said, "He is going into a fit"—he fell off the chair—I asked my husband to pick him up, and he pulled him up by the clothes—the prisoner then laid hold of a chair, and hit my husband with it on his head or back, and broke the chair in two—they both had a struggle about the room, and my boy said, "Oh, mother, he has got a knife"—I stood up and he stabbed me in my right arm—this is the knife—I did not see him draw it, but I saw him take it out of his pocket—he drew it to my little boy, who I threw down stairs to get him out of the way—he then stabbed my husband, and I left the room and called the landlord, and then went to the police-station.
Cross-examined. I never saw you in a fit, but I only knew you by sight—you live in my neighbourhood—I went to your lodging pence, and you put some tips on my boots, and I saw you once in a public-house—you had no fit there—I do not remember you having a fit when you were with Ned O'Brien in Fir Street.
ALFRED BOLTON . I am a labourer of 9, James Street, Kensington—Mrs. cronin called me, and I followed Mr. Cronin upstairs, and saw him but the doer open, and trace a knife out of the prisoner's hand—I held him down till the police came.
The Prisoner. No doubt what he has stated is correct, but I have no knowledge of the affair.
ELLEN THOMAS . I am the wife of Edwin Thomas, of 16, James Street, Kensington—I heard scuffling overhead, and wept up and knocked at the door, and Mrs. Cronin said "Mr. Thomas, get somebody to take this strange man out of my room"—I heard the boy say "Oh, father, he has got a knife!"—I opened the door and saw the prisoner run at cronin with a knife; Cronin put his hand up, and his finger was bleeding—went for the police, and afterwards went up again and held the prisoner's hand while Cronin took the knife from him.
MEREDITH TOWNSEND ). I am divisional surgeon at Kensington—I was called to Cronin, and found a flesh wound on the left side of his neck in a dangerous part, near the jugular vein, but it had only cut through the skin—his right forefinger had a long deep cut—both cuts were incised—I examined the woman and found an incised wound on the outer side of her arm, cutting down to the muscle—this knife would produce the wounds'—she has not recovered yet—the man's finger was the worst cut but it did not divide any tendon.
GEORGE ALLEN (police Serjeant T R 2). On the evening of 20th Jan. Mrs. cronin came to the station—I went to her house and Thomas gave me this knife—I found the prisoner there in custody—cronin said "Sergeant, this man has stabbed me with a knife;" the prisoner said nothing—a constable took him to the station—I took the knife there and put it before the prisoner on a desk; he said "That is my knife, where is the sheath?"
WILLIAM HARRISSON (Policeman T 587). I found the prisoner being held down on the floor—cronin said "He has stabbed me and my wife; the prisoner said "It is their fault, they started on me first"—I found
the sheath of the knife on the prisoner, with a metal spoon in it, also other shoemakers' tools.
The Prisoner's Statement before the Magistrate, "I went up to the place and did my very best to the job he required me to do until the wife returned, when she and he began to quarrel. I tried to make peace and they attacked me, when I stood against the bed with the knife and said I should defend myself with it, and they both attacked me again. That is the whole of it, and the truth of the matter."
Prisoner's Defence. My defence is simply that I met the man in Gloucester Road, Kensington, and he asked me if I would be kind enough to go home and do a job to his boot. I said "Yes, if I can get the materials." I borrowed the materials and went to his house and did the work, and his wife gave him some money to go out, and he went out and spent the money. They quarrelled because he did not give me the money, and I remember no more. I leave it between you and Almighty God.
NOT GUILTY .
MR. COLE offered no evidence.
NOT GUILTY .
MR. PUROELL Prosecuted; MESSRS. COLE and BUENIE Defended.
EMMA WHITE . I am a widow, and live at 138, Great Portland Street—on Christmas Eve I went to bed about 12.30, leaving the staircase window closed and the house 'secure—I was aroused by a noise about 2.30, got up, went on to the landing, and called out "Who is there?"—I then heard footsteps on the staircase—I got a light, went down, and found the staircase window wide open—I went to the front window and called "Murder!" and "Police!"—a constable came to the door with a man named Williams, who was tried here last Session and sent to five years penal servitude (See page 286)—I afterwards saw another man named Underwood at the police-court, who was. also convicted here last Session—I lost nothing.
ISAAC WARD (Policeman E 351). On Christmas morning, about 2.30, I was on duty, and heard cries of "Police!" and "Murder!" in Great Portland Street; I looked round and saw three men run out of No. 140—I was in a doorway—the prisoner, who I knew, was one of them—I caught hold of the middle one, Williams, and took him to No. 138, where I saw Mrs. White—I took him inside; he asked me to allow him to put on his top coat, and when it was on he took out of the right-hand pocket a dark lantern—I also found on him a box of silent matches—on 25th January I was called to Tottenham Court Road Station; 12 or 14 men were shown to me, and I picked the prisoner out as the man I saw in Great Portland Street—he said "I suppose I shall get it hot for this job"—I had seen him with Underwood on, I believe, the Tuesday before Christmas Day; he asked me for something to drink, which I refused—when I saw him in Great Portland Street he had a light coat and trousers, with a black stripe down them, and no hat—I described him to the police.
Cross-examined. It was starlight and a fine morning—I was 30 or 40
yards from No. 140—the men came out very fast—I did not see the prisoner again for a month—the men who he was put with were taken from outside, I believe—they had their hats off—we get the first men who will come in, and if the prisoner is well dressed we get them respectably dressed, if rough we get rough men—I was catching another man as the prisoner passed me.
By the JURY. I was familiar with the prisoner's appearance; I have known him for years—they passed one before the other, not abreast, and the man I laid hold of was behind.
JOSEPH MADDOX (Police Inspector E). On Christmas Day, about 2.45, Ward brought Williams into the station—I then went to 138, Great Portland Street, and found that the door of No. 140, which is the next door, was open—I found this coat in the passage, and this hat at 138—the men had got in at the window from the cistern—No. 140 was inhabited—I found marks on the door as if they had got in with false keys—I saw marks of some one getting up the walls recently, an hour before I should say—I also found a jemmy—on the night of January 25 the prisoner was brought to the station—I read the charge to him, "Being concerned with two others in custody, in breaking into the dwelling-house of Emma White"—he said, "I shall be some time before I get out of this"—I tried this hat on to his head, and it fits him.
Cross-examined. It may fit a good many other heads, but I did not try it.
JOHN TAYLOR (Policeman Y). I have often seen the prisoner with Underwood and Williams, and I have seen this hat and coat on him at Moore's bird shop in St. Pancras Road a score of times, when he has been cleaning out the shop with a man named Hoppy—I know Where Underwood lived, and have seen the prisoner coming out of that house with him, and lost him the same night.
Cross-examined. I stayed at the bird shop about 10 minutes—there are not thousands of hats like this; I saw him wearing it at the latter part of the summer, and tried to buy one like it; it is a different shape to other hats; I am prepared to say that tins is the hat, I saw it knocked off skylarking—this is not a remarkable coat, but I sever saw one like it I know it by the buttons being off, and the way it is worn down the front.
Re-examined. The prisoner lived on my ground, and I saw him continually; I have seen him scores of times at the bird shop, and I know the coat as though it was my own.
JAMES BURNETT (Police Sergeant 36 y). I took the prisoner on 25th January about 8 p.m. in front of Euston Station—I said, "I want you for burglary"—he tried to trip me up with his foot; I therew him down and he bit my hand; I have the mark now—I called for assistance, and took him to the station—he said, "I have had a good run, and I don't care"—I have known him between four and five years.
Prisoner's Defence. I am innocent.
GUILTY . He then PLEADED GUILTY** to a convictim of felony at clerkenwell in January, 1880.— Five Years' Penal Servitude.
The COURT considered Ward's conduct deserving of great praise
NEW COURT.—Saturday, February 5th, 1881.
Before Mr. Recorder.
MESSRS. BESLEY and A. METCALFE Prosecuted; MR. GEOGHEGAN Defended.
MARY ANN KING (In custody). I am undergoing a sentence of seven years' penal servitude at Her Majesty's Prison at Woking, passed by Mr. Fletcher, the Chairman of the Middlesex Sessions, on a charge of having stolen a jacket belonging to my sister, the prisoner's wife—I have known the prisoner 14 or 15 years; he has been married to my sister 10 or 12 years—I was convicted, and sentenced to two years once, and in 1874 I was sentenced to seven years' penal servitude—between my doing the two years and beginning to do the seven years I occupied an adjoining back room to my sister, at 37, Princes Street, Baker's Row, Whitechapel—the prisoner was then away for 15 months; he was in Wakefied Prison, and I helped my sister to work while he Was away—before he came back I received my sentence of seven years, and did not see him after his absence—I was discharged on a ticket-of-leave in July, 1879, and when I came out I lived with another sister till she died on 4th September, 1879, and after burying her I went to live in the same house as the Brownings, 37, Raven Bow; they were living together then—I went there early in December, 1879; I had conversation with the prisoner as to where he had been when I previously occupied a room adjoining my sister: he said that he was in Wakefield Prison, and talked over matters, and how he was treated—he said that he was there 15 months; he also said that he had been in prison in Doncaster and in Liverpool, and that he had had two months in Wandsworth for stealing a watch at the Lord Mayor's Show, and that he had a bother at Wakefield, because he would not have his photograph taken—that was a matter of conversation several times—I remember pawning a black jacket trimmed with fur of my sister's; she told me to ask 10s. on it; I could not get it, but I got 4s., and gave her the money and the ticket, but she told me to mind the ticket—the prisoner was there; that was on a Wednesday—I had pawned things at her request several times—I pawned two other jackets, one mine and one here—on the following Sunday afternoon there was a quarrel, and the prisoner asked me for the ticket of the jacket, the one for 4s.; my sister told me to give it to him, and I did so—he asked me to leave, and said he would have a policeman in, and give me in charge for stealing the jacket—I said that I did not fear the police, nor yet him; I was doing nothing I was afraid of—he told me to leave the house next morning—I got up next morning and hit the fire; he asked me to nave some breakfast—I said that I did not want any, and I left at 9.30 or 10 o'clock, and at 10 or 11 o'clock at night I went bade to fetch my clothes, but my, sister would not let me have them till the prisoner came home; he then shoved me away from his door, and told me he would give me in charge—he would not give me anything belonging to me—he said "You know I earn give you in charge; you are a ticket-of-leave woman"—I said "I did not fear that/' but he gave me in charge for stealing the Jacket—I told the policeman that my sister gave it to me to pawn—I had reported myself every Tuesday as a ticket-of-leave woman as I was bound to do—I was taken before a Magistrate and committed for trial—on the day of my trial I saw Browning get into the witness-box.
MR. SMITH. I am one of the Ushers at Middlesex 'Sessions—I usually have charge of the Second Court—I swear many thousand witnesses in a year; a witness is never allowed to give evidence without being sworn.
Cross-examined. Mr. Scott and Mr. Hodgson also swear witnesses—I have never heard the Judge say "Stop, the witness is not sworn," but sometimes learned gentlemen put a question before I have sworn the witness.
Re-examined. I never allow a witness to be examined with being sworn, and I never knew such a thing.
MARY ANN KING (Continued). I saw my brother-in-law take the book, and before he was sworn I said that I was always given to understand that one convicted thief was not allowed to give evidence against another—the Judge said that he could not listen to that, but he asked Browning if he had been in prison; he said never in his life, and that I was capable of saying anything—he was then sworn—I said that my sister had given me the jacket to pawn, and I had given her the money; that was true—some one at the back of the Court said that I ought to be in prison, and the policeman who speaks down the trumpet repeated it to the Judge, who called her back after I had been sentenced, but I could not hear what he said—I was convicted on that evidence—there were no other witnesses against me but the prisoner and my sister, but the pawnbroker produced the property.
Cross-examined. Only one pawnbroker gave evidence against me; I do not remember his name; he came from Samuels' s—the shop boy from another pawnshop gave evidence, but he did not swear that I pawned anything—I swear that I told Brown, the policeman who took me, that the defendant and his wife had given me permission to pawn the jacket—that is the man (Brown)—I did not ask the prisoner at the police-court if he was a convicted thief—I did not ask the Magistrate if a convicted thief could give evidence; I deferred saying so till my trial—when I was given in custody and charged with stealing three jackets, three sheets, and a nightdress I said "lama ticket-of-leave woman; all right, I will go with you"—I know that gentleman (The prosecuting solicitor)—I have seen him two or three times; he came and took my evidence in Millbank six or seven months ago, and I did not see him again till I came from Millbank—I saw him in the gaoler's room at Clerkenwell Police-court three weeks ago, and he read something over to me—I do not know whether he read over the evidence given by Thomas Tyler, or what he read, or what it was about—a matron was there—that was when I came from Woking—I cannot remember any names or dates in the paper he read—I do not think it was printed; it made no impression upon my memory—it was between 11 and 12 o'clock at night that the prisoner gave me in charge, and not 2.15 a.m.—I was not drunk, and the policeman told the Judge so—I did not help Mrs. Browning when I lived there after the death of my other sister—I did not pawn anything of my own to keep the establishment up; I swear that—I lent my sister one jacket to pawn, but I did not pawn it to keep the house with—I know Mrs. Norton; I had two old skirts and two aprons there—there were two tickets in the pockets, not 13—I had pawned other things for my sister before—I say that Browning and his wife told me to go and pawn this jacket, and I brought the ticket back about an hour and a half after
wards—Browning did not ask me for the ticket on Thursday, Friday, or Saturday—he did not give me the jacket to pawn while he was away in the country—my sister asked me in his presence to keep the ticket, and said that he was not to get it, but she did not say why—I do not think it was to prevent his selling it for drink—I never kept any other tickets belonging to them—the words we had on the Sunday were about my sister going out drinking; we were all quarrelling together—I was giving her advice; I told her I would not stay with her if she did not leave off drinking, and he told me to mind my own business—t was after he asked me for the ticket that he said he would give me in custody for stealing the jacket; he did not attempt to strike me—when I was at the Middlesex Sessions Browning had to pass right in front of me to get to the witness-box—I do not remember calling out to the Judge "Why, he is a convicted thief," but when he was in the witness-box I said to the Judge "I always thought one convicted thief could not give evidence against another"—I have also had 12 months' imprisonment; there may have been 10 years between my having the 12 months and the two years—I cannot say the date of my conviction, but it was a long time before my penal servitude in 1874; it was for stealing half an ounce of tea and some sugar—the whole time I was living with the prisoner, from December till I was given into custody on 16th March, he was always thieving, not earning an honest livelihood at all—he was a thief ever since I have known him—I don't remember saying at the Middlesex Sessions "You have just come out from doing twelve months"—I don't recollect the Judge paying "Mr. Browning, it is no disgrace to you if you are now getting an honest living"—Browning did not say "Your Honour, I have been getting an honest living"—I will not swear I did not say "You have just come out from doing twelve months"—I was sent to pawn the jacket because my sister was short of money, she could not go herself because she had a black eye; I have several times pawned other things for her.
Re-examined. Mr. May, the solicitor's clerk, saw me at Clerkenwell, when a warder was present—I don't remember his showing me a paper like this from the Home Office—I am quite certain that the prisoner said he had never been in prison in his life.
THOMAS TYLER . I live at 215, Grove Road, Victoria Park—I have been connected with the prize-ring—my brother was called Boss Tyler, from having lost one eye—I have been in "the ring" myself, but have retired these 20 years—Mary Ann King is the sister of Tom King, the champion of England—I did not know of her being taken into custody for stealing a jacket—on 8th April I happened by accident to be at the back of the Second Court at the Middlesex Sessions during her trial—saw Browning come into Court—I heard him sworn—on his being sworn, Mary Ann King said to the Judge that she thought the Judge would not take a convicted thief's evidence, and the Judge turned round to Browning and said "Have ever you been convicted?" and he said "Never, my lord"—I called out "Yes, he has, I have known him a thief 15 or 16 years "—that was after he was sworn—I was in a position where Mary Ann King could not see me, sitting behind—the Judge called him back when the case was over and said "If ever you have been convicted you have laid yourself open now to be indicted for perjury; go about your business"—Mary Ann King, in her defence, said that Browning had
given her authority to pawn the things for 2s. or 3s. whenever she was hard up for food, and when they called Browning he said he never had—the Jury found her guilty, and she had seven years' penal servitude, and five years' supervision by the police.
Cross-examined. King said that Browning had given her permission to pawn the things for 2s. or 3s. during his absence in the country—it was when he was in the witness box that he said he had not given her that permission—I was in Court when he first came in—I don't know how many witnesses had been examined before I came into Court; his wife was being examined; I did not see any one else; I came in while Mrs. Browning was being examined, and I only heard two or three words—no witnesses were examined after Browning—I spoke to Browning outside, and asked him if I could get in to hear the case—I live next door to the solicitor for the prosecution—I was not spoken to at all about giving evidence—I was subpoenaed to attend—I don't know the date of my subpoena; I showed it to you at the police-court—I should not have come to give evidence if I had not been subpoenaed; a policeman brought it—I told Mr. May I should not come; he did not ask me, he said he had summoned Browning for a case of perjury; I said I should have nothing to do with it, it was eight months ago; I did not want to be bothered with it—I am not the prosecutor in this case—I can't tell who provides the funds—I have not been spoken to by other persons about the case—I have heard plenty of people talking about it; different persons, at the public-houses—I don't know whether some of them were convicted thieves—I did not, in the presence of Mr. Evans and Detectives Rolfe and Brown, say "I know nothing at all about the case; I don't know why I am here"—I swear that; all I said was I should not have been here if I had not been subpoenaed; I wanted to have nothing to do with the case; those were the words, but they have made something more of it—I heard King say to the Judge "Give me a long time"—she was so disgusted with her sister, because the Judge called the sister back, and said "If I give her another chance, do you think she will reform?" and she said "No, my lord, she will go out thieving directly she comes out"—I will swear that what Browning said was not "I have never done twelve months in all my life"—on my oath he said he had never been convicted in all his life; I am quite sure about that—Mary Ann King might have said "Why, you have just come out after doing twelve months "—I did not take much notice of what she said—I will not swear that she did not say it—I have misunderstood you; I will swear that she never said so—I don't think I said at the police-court "I did not hear her say it; but I will not swear she did not say so"—Hodgkins proposed to me to lay 5s. that Browning would get convicted—I gave Hodgkins 5s.; ho has got the 10s.—I bet that he would not be convicted because the policeman told me he would be discharged—Hodgkins is not Browning's master; it is his brother; Browning has been at work for Hodgkins's brother I believe for seven months, not the man I made the bet with, his brother—I can see now what this was done for; it was in the public-house, so as you should be able to tell me about making the bet—I was rapped into it; I accepted the bet.
Re-examined. It has been the talk all this weak in the public-house across the road—I think Rolfe, the detective, was in the public-house
when the bet was made, I won't be sure—George Brown (H 350) was there when I was trapped into this bet—Hodgkins laid me the 5s. that he would be convicted, and if he was he would get over four months; the police said he would get discharged—Brown was in the public-house—I can't say that he was the man who said he would be discharged—there were two or three policemen in there drinking—I have seen Browning in company with officers of the police plenty of times sine he was a convicted thief—I had not seen him in conversation with the police before Mary Ann King's trial—I have never seen him with Rolfe—I saw William Hodgkins at the police-court; the same man who went to liverpool to give him a character for honesty.
HENRY LATHAM . I am a warder in Her Majesty's prison at Kirkdale, Lancashire—I was a warder there in 1878; I was present on 23rd April, 1876, at the Kirkdale Quarter Sessions, when the defendant was tried for stealing a watch; he was convicted and sentenced to six months' hard labour; I don't remember the name of the prosecutor—he served a portion of his sentence at Kirkdale, and was then transferred to Strangeways, Manchester—during the time he was at Kirkdale he was under my supervision daily; I am sure he is the same person (A certificate of the conviction was put in and read—I produce his photograph taken in the prison—I was present when it was taken; he objected at first to have it taken; the Governor came and read over the rules to him, and he then sat down and was taken; there was no force used.
Cross-examined. I can't say the reason of his objecting; when the Governor read out the rules he at once acceded; he would not sit still—there was no previous conviction against him—at Kirkdale a prisoner is not generally photographed till the second offence—this was taken before he was tried—a photograph is taken and circulated to ascertain if he can be recognised; nothing was known.
GUILTY. In reply to the COURT, the Jury stated that they were not agreed at to the truth of Mary Ann King's statement that she had pawned the jacket at the request of her sister.—Judgment Respited.
Before Mr. Common Serjeant.
MESSRS. MEAD and PURCELL Prosecuted; MR. LEVY Defended.
EDWARD BRASSEY . I am a pawnbroker, of Stratford—on 12th July I advanced 2l. 10s. on this plated tea set (produced) to a woman giving the name of Ann Longley, Union Road—on 13th November six plated forks were pledged for 5s. by some person I cannot swear to—these are the two tickets I gave; they are different in size and shape, and one is printed on the back.
FREDERICK LEA . I am manager to Henry Holloway, a pawnbroker, of 154, Leyton Road—on 13th September the prisoner and his daughter came and pledged these six plated forks for 5s. in the name of John Longley, Union Road—I gave him this ticker—on the same day the prisoner pledged these two plated tankards for 8s. 6d. in the same name, and on September 18th six plated forks were pledged by his
daughter in the name of Ann Martin for 5s.—he had introduced her to me at my shop, and on 11th November she pledged six plated teaspoons for 3s. in the name of Eliza Longley; "for her father "it says on the ticket—on 2nd December she pledged a plated marmalade pot in the name of Ann Longley for 5s., and on 2nd December at three different times three half-dozens of plated forks for 14s. the lot, in the same name, and on 4th December twelve plated tablespoons in two lots for 1l.—on 15th December I received six plated forks and six spoons for 6s., and on 22nd December six tablespoons for 6s. in the same name, and next day six table forks and two breakfast cruets for 15s.; on 5th January a breakfast cruet for 5s., on 11th January six plated teaspoons for 3s., all from the prisoner in the name of John Longley—on 26th November these six teaspoons were pledged by Ann Longley, but no ticket has been found—when the prisoner first came, and before I did business with him, I said "Does this property belong to you?"—he said "Yes, you need not be afraid to do business with me"—I said "Can you show me the invoice?"—he did so, and I saw that it had a receipt stamp on it from a Sheffield house named Lee.
Cross-examined. When he introduced his daughter he said that sometimes he was away in the country, and if he sent her would I serve her—I have advanced about 5 guineas, but the property is worth a good deal more, and he could have had more on it if he chose—I still hold the property—he said that it was his own—I noticed the name Lee on the invoice because my name is Leaf—I have shown some of the property to Messrs. Lee and Wigfull—the prisoner said that he was in business for himself, but that he was in pecuniary circumstances, meaning that he was in need of a little cash.
Cross-examined. I identify these forks by our initials, "L and W.," and the "S" for Sheffield—that is our trade mark—a pattern roll was sent to the prisoner first on 7th July, which is included in the charge.
WILLIAM BENNETT . I am assistant to George Attenborough, pawnbroker, of 193, Fleet Street—I produce a plated tray pawned 23rd September, 1880, for 4l. in the name of Mr. Longley, 3, Fetter Lane, by a person I cannot identify—on 28th September a plated tray was pawned by, I believe, the same man—I believe the prisoner to be the man who brought both—on the second occasion I said, "Before I transact business with you I wish to be satisfied that the goods are your property," and he produced a receipted invoice—I do not know in whose name it was receipted, but I saw that it related to the goods he offered.
Cross-examined. It had a receipt stamp and a name across it—we sometimes have stolen property passed on us, and have to protect ourselves against having to give it up—these things are worth more than I advanced.
ARTHUR THOMAS FROST . I am a pawnbroker, of I, Church Street, West Ham—on 4th November six plated dessert spoons were pledged by the prisoner for 5s., and on 5th November six more dessert spoons for 5s., in the name of William Longley—on 13th November a female pledged six dessert spoons for 4s. in the name of Ann Longley, Leyton stone Road—when the prisoner first came I said, "Are they your property?"—he said "Yes," and showed me a receipted invoice, but I did not take it out
of his hand; I did not read it, and could not see whether it was a London house.
Cross-examined. I do not know that the goods produced were included in that invoice—I knew that if they were stolen I might have to give them up—I still hold them—the money advanced was more than covered by the value of the goods.
SAMUEL BRYANT . I am assistant to Mr. Tilley, a pawnbroker, of 26, Forest Street—on 6th December this plated jam-pot was pledged with me for 3s. in the name of John Longley—I have seen the prisoner in the shop two or three times, but cannot say whether he pledged them—on 20th December this half-pint tankard was pledged for 3s. in the name of Jane Martin, but I did not take it in—I have not taken in anything from the prisoner myself.
HENRY BELCHAM . I am assistant to Mr. Wither, a pawnbroker, of West Ham Lane, Stratford—on 2nd November six plated dessert forks were pledged with me in the name of John Jones, by the prisoner for 5s., and I was present on 5th January when he pledged a cruet-stand for 6s. in the name of John Longley—I also produce five half-dozens of forks pledged in the name of Longley.
GEORGE SHADFORD LEE (Re-examined). All these goods are mine—the prisoner was introduced to me in July by Mr. Swindell, of a Sheffield firm, as Mr. Bisdee, and a correspondence ensued between us—we received this letter (Dated July 6,1880, from the prisoner to Lee and Wigfull, requesting samples of goods to be sent to him, stating that he had represented Messrs. Swindell's house nearly three years, and could furnish references for twenty years)—on receiving that. I sent a roll of samples—I received another letter dated July 8, and a number of other letters from the prisoner, ordering goods on sale or return, which I now see before me—they amount to 119l. 14s. 8d.—he says in his letter of the 8th that he will return them if not sold—the goods we sent on the 9th reached him on the 11th, and were pawned on the 12th.
Cross-examined. I knew Mr. Swindell, and was perfectly satisfied—I also got a good character of him from Weywood's, who are trustworthy people—these goods were charged to the prisoner in the ordinary way, but not treated as ordinary sales; we look to him for the amount or the goods—f his place had been burnt down we should have gone to our solicitor, und it' it was not his fault we should have to make the best of it if he was not insured—t was not an ordinary case; he had plenty of time on his hands; his income was 100l. a year and 5 per cent.—these invoices are copies of the amounts we supplied, but not the exact wording; they should have been, "On account of Lee and Wigfull"—our invoices say, "These goods are sent on sale or return on condition that the person to whom they are sent will be responsible to Lee and Wigfull. if lost or damaged by fire," but I cannot say whether that was on the invoice sent to the prisoner, because I have been some time in America, and they may have had fresh invoices made—t is printed oh our invoices, "If not returned within 14 days will be charged to account"—that is because we have no invoice printed for a case like his—this is meant for London shopkeepers—we sent this to the prisoner as it would be unusual to send it on blank paper.
Re-examined. This (produced) is the invoice sent to the prisoner; there is no condition upon it; it is receipted on 29th September, but we did
not send it till 4th October from Sheffield—the receipt is not my writing, or signed by my authority.
By MR. LEVY. We are in a large way of business; I have only one partner—we have some managers and a clerk, and 120 workpeople in Sheffield; none of them are authorised to sign receipts.
WILLIAM HENRY DAVIES . I am a jeweller, of 184, The Grove, Stratford—on 13th January, at 11 a.m., the prisoner, whom I knew as a traveller in plated goods, came in, and said "I have several tickets I wish to dispose of, and if they are any use to you I should like you to advance me 10l."—I said "Will you walk into the shop-parlour, and I will talk it over with you"—he then produced 64 pawn-tickets, of which these are a portion, and said the goods were electro-plated—I said "I don't know whether I can purchase them myself, but I know a friend who I will see this afternoon, and let you know to-night, at 5.30"—he produced an invoice—I said "Are the goods paid for?"—he said "Yes, I have had great difficulty in raising the money to pay for them, which has run me short, and I took 30l. of my wife's money from the post-office to make up the amount"—he handed me this document. (This was for goods supplied by Lee and Wigfull on 4th October, 1880, total 114l. 11s. 8d., receipted on a stamp, September 20th, 1880)—I asked him to leave the receipt and the three invoices and the pawn-tickets, and call that evening, and I would give him an answer, and either the money or the tickets—I then telegraphed to Lee and Wigfull, and received a reply, in consequence of which when the prisoner came a policeman was waiting for him, and I gave him in custody with these three invoices.
Cross-examined. I had knewn him some time as a traveller in that trade, and also as an engineer; I only dealt with him once, when I bought six brass chains of him—these tickets were worth 10l.; the property is worth 10l. more than it is pledged for—I was rather confused at the police-court.
GEORGE MELLISH (Detective Officer). On 30th January, at 5.4'5, I went to Davies's shop, who gave the prisoner into my custody, for attempting to obtain 10l. by means of a forged document—I said "Are these goods paid for?"—he said "They are"—I said "Are you sure?"—he said "Certainly"—when the charge was read to him at the station he said "The goods are mine," and on the morning of the 4th, on the way to the Sessions House, he said "This is a bad job, for the goods are my own; it is only the signature that is wrong; it is not the signature of the firm, and it is not my own, but I will not implicate others"—I found a pocket-book and various memoranda on him.
MR. LEVY submitted that there was no evidence of forgery by the prisoner, and the Court was of the same opinion; as to the uttering, MR. LEVY urged that the receipt was never transferred to Davies; the articles were the prisoner's property, he having purchased them, although they were not yet paid for; he therefore had reasonable ground for believing that Davies would not be defrauded. (Cases referred to, Rex v. Shaker, 4 Russell and Ryan; Meg. v. Hobson, Dearsley and Bell, p. 3; and Reg. v. Hyam, 2 Dennison's Crown Cases, p. 475; also Stephens's Digest, p. 267.)
MR. MEAD contended the intent to defraud must be inferred from the facts, just as in a case of assault with intent to rob, the offence was complete even if there was no property to steal, and maintained that then was evidence to go to the Jury.
The COURT could not say that then was no case to go the Jury, but would, if necessary, consider whether the point ought to be reserved.
GUILTY. The Jury considered that the pawnbrokers deserved the gravest censure.—Judgment Respited. There was another indictment against the prisoner, which was postponed to next Session.
MR. BURNL prosecuted MR. A. METCALFE defended Selwood.
GEORGE WILLIAM MARSH . I was in the service of Mr. Edward Pratt in January he is a provision merchant in the City—this is his basket produced—on the 7th January I was driving a van belonging to Mr. Pratt—this basket was in it with three quarters of cheese, a tin of lobster, a tin of salmon, a tin of sardines, two bladders of lard, and about 5 lbs. of bacon—this is like the bacon (produced)—I identified the bacon and the cheese at the police-court—between 5 and 7 p.m. on the 7th January I was baiting my horse outside a coffee house; when I came out I missed the basket—I was in the coffee-house about an hour and a quarter, and going in and out to see to my van—I missed the basket and contents when I was going to drive away—I at once gave information to the police—the basket was shown to me on the 10th inst. at the police-station—I saw Kingston in charge—I charged him—he said he knew nothing about it.
Cross-examined by MR. METCALFE. It was American cheese, to sell at about 8d. a pound in that quarter—n the state I saw it 7d. would be a fair price.
ELIZABETH GEARY . I am the wide of Michael Geary, of Agar Lane—Kingston lodged in our house on and off nearly two years—he left me a week or ten days before Christmas, saying that he was out of work and almost starving—on Saturday, 8th January, about 3 p.m., he came to me and had some dinner, and said "Well, Missis, I met a man I know who owned me some money; he said he could not pay me as he was out of work, but if I liked to have a bit of bacon instead of the money I could; but I have neither potatoes, or bread, or anything to eat with; I wish you would have it and get me a bit of bread and tea and sugar from your grocer for it;" and he opened a handkerchief and pulled out a piece of bacon—I said "How much?" he said "Half-a-crown"—I said "I can but a bigger piece than that for half-a-crown"—he asked if he could come back there to live; I said "Certainly," and them I gave him the half-crown, and he came there that night to sleep—I subsequently gave the bacon to the police.
HARRIET BRADLEY. I keep the Green Leaf, Tower Hamlets—on 8th November, about 10 or 11 a.m., Selwood came to my house—I knew him, but did not know his name—he asked me to buy a piece of cheese for 8s., which he said was the clearance of a ship which he had bought—t was wrapped up; he took it out, and it was swamped with water—I said "It is no use my buying that, I should not eat it while it is good; I will have half or a quarter"—he said "Rather than cut it you shall have it for 7s.,"which I gave him, and put it to dry by the fire—I weighed about 14lb.—I afterwards handed it to the police—I had never touched it.
Cross-examined by MR. METCALFE. I know he said that it was the
clearing of a ship—I said before the Magistrate "He said he was clearing out"—he had a vehicle of some sort.
GEORGE BANKS (Detective N). I am stationed at Saybridge Road, Leyton, Essex—Mrs. Bradley lives about three quarters of a mile and Mrs. Geary a quarter of a mile from where these goods were stolen—on 10th January, about 12 o'clock, I went to Mrs. Geary's in consequence of information, and from what she told me I took Kingston in Epping Forest about 7 p.m., and told him I should charge him with stealing 50 lb. of cheese, two bladders of lard, a piece of bacon, a piece of salmon, two cases of sardines, and a tin of lobster—he said "I know nothing about it"—I then went to 10, Esther Road, Leytonstone, and found Selwood there—I said "Have you bought any cheese since Friday?" he said "Yes, I bought a piece of young Miley; "I understood him to mean Kingston; "I was to give 6s. for it, and I gave 1s. on account, and I sold it to a woman in Tower Hamlets for 7s."—I made inquiries, and on the 14th I took him in custody and charged him with receiving the articles—he said he did not know they were stolen; he gave 6s. for the cheese, and young Miley said that he saw it drop out of a cart in Fen-church Street—he said at the station "I did not steal the cheese, and did not know it was stolen."
Cross-examined. I mentioned that about Fenchurch Street at the police-court, and I believe it was taken down—my deposition was read over to me—I am sure he said it, and to me, not to somebody else—when Selwood told me he had bought the cheese I had not told him I had found it—he gave me a correct account of his dealing with it—I found him at home—he only occupies one room—I did not search it.
Selwood's Statement before the Magistrate. "He told me he did not steal it. I bought it of him for 6s., and sold it for 7s."
Kingston's Defence. I got it in Fenchurch Street.
NOT GUILTY .
Before Mr. Recorder.
MR. DE MICHELE Prosecuted.
JANE SMITH . I have lived with the prisoner six years—on Friday, 18th December, we were living in King Street, Deptford, and when I awoke in the morning at 5.30 the prisoner was standing in the room dressed—I called out for a light, and he went out of the room—I went to sleep, and when I awoke I found some blood on my side—I was very drunk the night before—I asked the prisoner if he had seen my money—he said no—I called a woman in at 9.30, and a doctor was brought I then found a wound on my side—I do not know how I came by it, I was very drunk.
SARAH CHAPMAN . I am landlady of this house—I was awoke in the night by quarrelling in the prisoner's room—two or three hours afterwards I went into the room, at 9.30, and found the prosecutrix with a wound on her side—the prisoner was not there then, but I heard him tell her before I went in that she fell out of bed and cut herself on the chamber—I examined it, and found a piece out of the upper part of the rim—t was not jagged.
prosecutrix was admitted there at 1.30 in the day, and I found an incised wound below her right hip joint, half an inch deep, and an inch and a half long—there was a great deal of haemorrhage—t could not have been caused by the jagged edge of a piece of china—I have seen the chamber; that would not do it, because it would not come up to where the wound was, and if she had fallen out of bed drunk upon it, I think she would have smashed it to pieces—there is a bone just above the wound—a drunken person falling out of bed might knock the piece out—a drunken person would fall heavier than anybody else.
By the COURT. It might be inflicted in that way—I should not have thought of that as a reason if I had not been asked—I have no idea of the height of the bed, I have not seen it.
NOT GUILTY .
MR. PURCELL Prosecuted; MR. LEVY Defended.
ELI PHILLIPS (Policeman P 84). I was on duty on the 5th January at Catford—when passing Stanley Lodge I heard a rustling in the shrubs; I climbed on the wall and looked over the fence—I saw the prisoner in a crouching position; I went through the gateway, rushed into the shrubs, and caught hold of him; we struggled and fell, and while struggling another man rushed past and climbed over the fence—I asked the prisoner what he was doing there; he said "I have been to see my sweetheart"—I told him I should take him to the station for being on enclosed premises—when we got outside he put himself in a fighting attitude—another constable came' up, and he said he would go to the station quietly—at the station he said he went to ease himself—I found nothing on him—I went back to the premises; I found a window over the portico open, and a jemmy on the portico—the height of the portico is about 16 or 17 feet; it was about eight feet from the high road where I found the prisoner.
Cross-examined. The wall is eighteen inches with a fence on the top; I stood on the wall and looked over the fence—he tried to get away, but I held him; it was about 7.15; I had a watch.
WILLIAM STANDING . I live at Stanley Lodge, Catford—about 7.15 on 5th January I went into my dressing-room; I found the place in great confusion; the wardrobe was open and the dressing-case drawers out—I had been there previously to dinner—I tried to get into the room over the portico, but it was locked inside; some one was in it—I afterwards found an entrance had been effected through the window over the portico—on examining the room four ladies' jackets, one from the morning-room and three from the dressing-room, were moved, and a quantity of articles were taken to the room over the portico and collected by the window—I also missed a bottle, a gold bracelet, and a gold scarf-pin—the value of the things taken was over 8l., and the things moved about 80l.—the spot where the prisoner was found was pointed out to me in the shrubs—the place where entrance was effected was a considerable distance from the lodge gates.
Cross-examined. The fence is about 5 feet on a wall of about 18 inches—the jewellery that was lost has not been recovered.
was charged with being on enclosed premises for an unlawful purpose—he said he went to ease himself—I Afterwards went to the house and compared the marks where the entrance had been made with the prisoner's boots, and they corresponded—the marks were on the sash of the window.
Cross-examined. The prisoner was dressed as he is now—I did not notice any marks on his dress—the other marks were on the portico pillar, showing that it had been climbed.
Re-examined. I did not examine his clothes.
GUILTY .— Twelve Months' Imprisonment.
Before Mr. Justice Grove.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
JANE CURTIS . I live at 21, Friar Street, Southwark—in December I was living with the prisoner; on Boxing Day, the 27th, I went out with him for a walk; between 12 and 1 we went to a public-house and had a glass together; we came out of the public-house opposite the Elephant and Castle; we had some words, and he struck me in the eye with his fist; that was in the street outside the public-house; I then left him, and went to Dr. Donahoo and had my eye dressed; it Was a little out: blood flowed; I don't think he had anything in his hand When he struck me—between 6 and 7 in the evening he came home and came into the room, the second-floor front—he began calling me names and knocking me about my head with his fist; I was knocked down, and as I was getting up he kicked me at the back part of me, underneath; he had his boots on—I screamed and the landlady came up—there was A poker in the room, and the prisoner hit me with it once on the elbow; I put up my arm to save the blow—he held me by the throat when I cried out; there was a lump on my throat—I received several injuries to the head; he only kicked me once, and I screeched—I was afterwards seen by the doctor, and subsequently went to the infirmary—I didn't stay in my room that night; I went to my sister's—all the injuries I received that night, which I showed to the doctor in the morning, were indicted by the prisoner—he Was the worse for liquor—a policeman was fetched about 7 o'clock, but I refused to charge him then—I was living with him as his wife—the crockery in the room was broken.
Cross-examined by the Prisoner. You struck me with your hand; I don't know which hand—I think I should have seen a knife in it if you had had it—I did not stop out two nights previous to this; I went to see a woman who was lying dead, who had had my child, and you knew who it was, and came and saw me there—you took my gown out of pawn on Christmas Day; you had pawned it; I did complain of being unwell—I had not to sit twice on the steps as I went along—on Christmas Day I washed myself and asked you to wash my back; you didn't point to two bruises, one on my left arm and one in my breast—I didn't get the poker from the fender to hit you with; I didn't cut your eye; I have been up several times for drink.
ANNIE PERCIVAL . I live at 21, Friar Street, with my husband—we occupy the first-floor front room; the prisoner and Jane Curtis occupied the second-floor front room, over us; they were living there as Mr. and Mrs. Ryan; they came there on the Saturday before Christmas; on Monday, the 27th, Boxing Day, I was in my room between 7 and 8 in the evening; I heard a bumping on the floor overhead and screams of murder from the woman; I went out of my room on to the staircase, and I heard the prisoner say "I'll do for you; I'll do six months for you"—I stood on the stairs ten minutes or a quarter of an hour; I still heard the bumping on the floor; that was all; I then returned to my room; my son was in the house; about half an hour afterwards I heard two constables go up the stairs; later in the evening I saw Curtis with a little bit of plaster upon her eye; she appeared to me to be sober—two days afterwards, when the prisoner was in custody, I went and cleaned out their room and found this penknife in the fireplace among the ashes; one of the blades was open, and there were Some stains at the top which looked like blood—there was a lot of broken crockery about the room; I put that and the knife into a basket and gave it to Mrs. McCabe.
Cross-examined. The stains on the knife looked to me like blood—I did not show it to any one at the time; I put it into the basket just as I found it.
GEORGE PERCIVAL . I am the son of the last witness—on Boxing-night I was in my mother's room; I heard screams of murder in the top floor front room; I went upstairs, the door was open, and I locked in; I saw the prisoner by the fireplace with this short poker (produced)in his right hand—Curtis was at the foot of the bedstead, and I saw the prisoner throw the poker at her; he was about nine or ten feet from her; it missed her and fell down—I went downstairs and spoke to the landlord, and he went for the police—before I heard the screams of murder I had heard a falling overhead two or three times.
Cross-examined. The poker fell on the floor at the back of Curtis—it did not strike her—I didn't see you strike her.
KATE WATTS . I am housekeeper to James McCabe, who is the landlord of 21, Friar Street—I was at home on Boxing Day, and I saw Jane Curtis about 2 o'clock, and she then had a small piece of plaster on her eye—about 6 or 7 o'clock in the evening I heard her screaming murder several times—I went up to the prisoner's room and went in—Curtis was standing by the side of the bed and the prisoner close against her, leaning Upon her, with his hand to her throat—she said "For God's sake don't let me be killed"—he said "I'll do six months for you," and he made use of some very obscene language—she said "For goodness' sake, there are no men in the house to protect me; if you don't protect me I shall be murdered"—I went into the next room and called Henry Brent to go and fetch Mr. McCabe, and as I went downstairs I heard screams and bad language—I had heard them constantly all the week—I heard Curtis ask for her shawl and bonnet and say she was going out—the prisoner was taken into custody the next night—I received the basket from Mrs. Percival, and I gave it to my little boy to pick out the crockery—I afterwards saw him with a knife—I took it from him and gave it to the constable.
Cross-examined. When Curtis came home that afternoon I don't think she was very sober, and I don't know that she was very drunk—you came
home about 6 o'clock I think—I didn't see you—I have heard her call you names hardly fit to make use of—I know you were very quarrelsome—I haven't seen you strike her—you have come down to me once or twice and said "This shan't occur again, landlady, if you will forgive me"—she came home about 2 o'clock one morning and commenced quarrelling; she asked you to let her in and called you names; you did not let her in till 7 o'clock in the morning—I didn't see her—I told you must not kick up such a disturbance; there was nothing but policemen being called in.
HENRY BRENT . I am a cooper—I occupy the second-floor back room at 21, Friar Street—the prisoner and Curtis occupied the front room on the same floor—on the afternoon of Boxing Day, about 2 o'clock, Curtis came home and knocked at my door; she had three or four bits of strapping over her left eye—she was sober to my idea—between 7 and 8 o'clock in the evening I heard them quarrelling as they were coming upstairs—the landlady sent me for Mr. McCabe, and he came upstairs with the constable—later in the evening I heard the prisoner ask Curtis to go and get some ale in a mug, and when she came back he said she had been gone half an hour across the road for the beer, and he could see her drinking with some men in front of the bar—she said she had not been drinking with any one, that the man had not served her fast enough, he was serving some one else at the time—the prisoner then dragged her across the room to the window by what I could hear, and said "Come here and look for yourself, and see whether you can't see into the bar"—I heard her say "For God's sake leave me alone, you have done quite enough to me"—between 11 and 12 o'clock two constables came and knocked at the door—the prisoner said "My wife is undressed, wait till she has put her things on"—I heard the constables and he struggling, and I understood afterwards that he had made his escape—afterwards I looked in the room, the door was wide open, and I saw a basin there full of blood, or blood and water; it was something red; and there was some broken crockery, and tables and chairs all in confusion.
Cross-examined. When I saw her at 2 o'clock, she said "Look here what he has done," and pointed to her eye—I have heard you and her have a row many times.
JAMES MCCABE . I am the landlord of 21, Friar Street—on the evening of Boxing Day I heard screams of murder; I afterwards went to the prisoner's room; he seemed in a very excited state—he said no one dare go in, and I didn't go in before I had a constable with me—I didn't see a knife there—I saw it afterwards on the mantelshelf in my parlour—I can't tell whether the prisoner was sober or not—he behaved in a very ferocious and outrageous manner—all the house was in terror of him.
Cross-examined. I did not say that my wife had picked up the knife, I said that my housekeeper had—all the evidence that has been given has been trying to screen you as much as possible—on the Thursday night before that he said that he would kick the woman's guts in—she was asked on that night if she would give you in charge, and she said no, but I had you turned out for creating a disturbance, and Brent was going to give you in charge for stealing a coat, but you escaped from the police.
Re-examined. On the Thursday he came into my parlour—Curtis wasn't there—Mrs. Watts said to him "Your wife has gone out; she has been very abusive and insulting"—he said "The b—w—is not my wife; I will kick her guts in I know; where to find her"—I said "Don't do anything you will be sorry for; you will get yourself transported. If the woman is not your wife leave her."
JOHN MCCABE . After the prisoner and his wife had left the house I saw a basket with some broken crockery brought downstairs into the shop; I was told to pick out the crockery, and I found this knife with the blade open—it had some blood at the top of the blade—I cleaned it and played with it and put it in my pocket—my mother afterwards took it from me.
Cross-examined. I did not show it to anybody with the blood on it—it did not look like rust.
JOHN WILMOT (Policeman). I was on duty in Friar Street on Boxing night—about 10.20 I was fetched to No. 21—I went upstairs to the second-floor front room and there saw Jane Curtis and the prisoner—she appeared to be sober; he appeared to be under the influence of drink—she said "He has been assaulting me and knocking me about"—he said "Well, she deserves all she got; she is as bad as me"—she wouldn't charge him—I didn't know to what extent she had been injured—all I saw was the plaster on her eye—the room was almost in darkness—there was only a candle there—I had heard rows at the house before.
Cross-examined. You remained in the room for some minutes, and then took your hat and went downstairs, and I left.
THOMAS MALCOLMSON DONAHOO . I am a surgeon at 29, Blackfriars Road—about 2 o'clock on Boxing Day Jane Curtis came to my surgery; she had a small wound on the left temple, which was bleeding—she had lost a good deal of blood—it might have been done with a finger nail or a knife—I strapped it up, and she left—she seemed to have had something to drink, but was not drunk—about 3 o'clock the next afternoon she came to my surgery again; I examined her; she, had a bruise on her back parts, between the legs, near the private parts—it appeared to have been done by a kick; it was a severe bruise, such as might have been caused by a kick from behind with a boot—she had other bruises on the legs—the one between the legs was quite recent; I only attended her on that one occasion.
Cross-examined. She said the first blow was done by a fist; a thumb nail might have done it.
By the COURT. The bruise was on the perineum—the skin was not broken; it was only a bruise—there was no abrasion of the skin in the other bruises—the eye was the only one where the skin was broken.
CHARLES GROSSE . I am a licentiate of the Royal College of Physicians, and an M.R.C.S.—I am the medical superintendent of St. Saviour's Infirmary at Newington—Jane Curtis was admitted into the infirmary as an in-patient on Tuesday afternoon the 28th December; she was in a very bad weak state—she appeared to be in great pain; she could move
with difficulty—she fainted shortly after she came in—both her eyes were swollen and puffy; her body was all covered with lumps, as if from blows with a fist—the left eye was much bruised, and there was a cut over the eyebrow, and a large scratch about four inches long on the cheek—that was a wound—the skin was severed—there was a number of scratches; they might have been done with a nail or a knife—there was a large lump just underneath the chin, about as big as a walnut; that might have been done either by a blow or by a squeezing of the throat—the front of the chest and neck were covered with scratches—I. should think there were 30 or 40 different scratches, all apparently done with the finger nail—the right arm had a dark bruise at the upper part, and on the right side of the elbow; those two were probably caused by a fall—there was another large bruise outside the right arm, as if she had put it up to shield herself from a blow, and had received the blow there—on the left side, just outside the navel, there was a very painful swollen bruise three inches in diameter; that was such an injury as might be caused by a kick from a person having a boot on—on the inner part of the right thigh, just outside the pelvis, there was a very severe bruise, about three inches in diameter; that might also be done by a kick—there were several bruises all over the legs and ankles, quite recent—I examined the woman naked in bed; the wound spoken of was not on the perineum; it was in the upper part of the thigh; that and the wound on the belly were the more serious injuries—considerable violence must have been used to have occasioned the injuries—her life was in danger; she is just able to be discharged now—she had to be taken in a cab to the police-court to give evidence.
Cross-examined. In striking her with your fist it is possible your thumb nail may have cut her over the eye; a simple blow with the fist may have occasioned that.
The prisoner, in his defence, denied using a knife, and alleged that the prosecutrix was of drunken and dissolute habits, and constantly falling about and injuring herself, and that he had always treated her kindly.
GUILTY .— Five Years' Penal Servitude.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
GUILTY .— Penal Servitude for Life.
MR. A. B. KELLY Prosecuted; MR. KEITH FRITH Defended.
REINHARD ORB . I am a pork butcher, of 68, York Road, Battersea—about 11.30 on the night of 1st January one of my assistants made a communication to me, in consequence of which I went up to the first floor; I had a candle in my left hand; I found the door of the room closed; I opened it with my right hand, and held the candle up to see if there was anybody in the room—the door was swung rather far back; I could not see any one in the room, but as I pulled the door towards me I saw the prisoner standing behind the door with his arm raised—I am certain it was the prisoner, I have no doubt whatever; he had been in my employ, and I knew him well; he had on a felt hat, rather tall, rather pointed at the top—at the same time I felt a blow on my head; I did not
see anything in his hand; I felt myself going forwards on my hands; the candle fell down and was extinguished; I felt a little stunned, but I got on my feet again and tried to detain him; I caught hold of him somehow, I can't say how, I believe by his right arm; we struggled for a moment, not long, I was quite blinded by the blood running down—the door was still open, and he ran out of the room, banging the door to after him—I opened it and ran out after him, but I could only see him disappear through the water-closet window, which is half-way up the stairs; he had to go down six steps to get to the closet door; the gas was alight on the door—the prisoner had left me about four months; he had been with me about 12 months—I was in the habit of seeing the hat he wore when in my employ, and about a week or two before this I saw him with a hat similar to this (produced), shape and all.
Cross-examined. I was too close to him to see what he struck me with—it was not dark; I had the candle in my hand, that was the only light—I was bleeding, and partially stunned for the moment; the blood was coming down into my eyes—I did not say at the—police-court that I did not see the man's face at all—I dare say I have seen hundreds of hats like this; I don't swear positively to the hat, I only say it is similar.
Re-examined. I just saw the man disappear through the window—if I had not seen him before I could not swear to him then—after I opened the door I did not lose sight of him till he disappeared through the window—there was nobody else in the room but me and this man—I have a bandage round my head, I am wearing that in consequence of the wound—I showed the wound to Dr. Brown the same night, a quarter of an hour after; it was then bleeding—I did not receive any other injury—there was a great deal of blood.
By MR. FRITH. I attended at the police-court the next day, and each day, but one, when it was so cold—my head aches very much now; it is just healed up.
JOHN BROWN . I am a physician and surgeon—about 11.45 on the night of the 1st of January I examined the prosecutor's head; I found an incised wound on the top of the head about two inches and three-quarters long, extending down to the forehead; it wasn't a deep wound; it could have been inflicted by such an instrument as this knife (produced)—a wound like that in such a place might hare been fatal if it had been perpendicular—I dressed it and put some strapping on—I have not seen him professionally since the middle of January.
Cross-examined. The wound must have been inflicted with the point of the knife, and his head must have been down when he was struck, so that it glanced off the bone—I have not attended him for the last fort-night—I think I saw that knife on the night of the injury; the police showed it me; there was something on the point—he was bleeding very little when I saw him.
HENRY MOLLER . I am assistant to the prosecutor—about 11.80 on New Year's night I went out to the back and saw a long ladder standing behind the door; it reached up to the water-closet window and to the roof of the machine place; the window opened on to that roof—I went and told my master; he went out and looked at the ladder, and then went upstairs—I heard a row upstairs and ran up, and I saw the prisoner come down some steps and go through the water-closet window on to the roof of the machine house; he went straight along the roof, and I saw him getting down on the other side of the wall into some back-yards—I
did not see his face; I recognised the clothes he was wearing when I saw him next day—he had no hat on when I saw him run down the stairs and go through the window—next day I went with Sergeant O'Dea to a lodging-house in Lambeth Street, Whitechapel, and I then pointed the prisoner out to O'Dea—we could not see him at first; we asked for him, and the lodging-house keeper said he was gone; there were about six persons in the parlour, they all said he was gone—O'Dea put his hand round the corner, and pulled the prisoner out of the corner; he was sitting in the corner with a coat over his head; O'Dea pulled the coat off, and I said, "That is the man"—O'Dea told him in English that he had come to arrest him for assaulting and wounding Mr. Orb—the prisoner said in English that he could not understand him, and I then in German stated the charge—he answered in English, "I haven't been in Battersea for the last six weeks"—before going to this lodging-house I had given a description of the man to the police.
Cross-examined. I was not excited when my attention was called to this matter—I ran up the stairs when I heard the row, and I saw the prisoner very plainly; it was not very long that I had to see him—I could tell the clothes he was wearing—I only saw his back as he was running over the roof.
Re-examined. I had seen the prisoner before that night when he came to fetch his box away, about four weeks before; I went upstairs with him, and was with him more than half an hour.
By the COURT. The man ran straight across the roof—I saw his side and his back; he had on a light pair of trousers.
REINHARD ORB (Re-examined). The prisoner left because he robbed me of money in the shop, and he was locked up for three months—that was on the 28th of August last year—I prosecuted him at the police-court—I saw him about two days after he came out of prison, at the police-court, when I made application for some money that was taken from him on his conviction—he went to the Court and claimed the money, but it was ordered to be given up to me.
JAMES O'DEA (Detective Sergeant). On the 2nd January about 4 o'clock in the afternoon I went with Moller to 42, Whitechapel, a common lodging-house—I went into the back-room ground-floor and saw the landlord, and asked if a man of the name of Meyer was there; he said "No, he has been, but he has gone"—there were seven or eight persons present—we were then leaving the room to search other parts of the house when my attention was attracted to the corner of the room, and I went back; a man was standing in the corner with a long coat on, and a pair of boots were protruding underneath it—I looked behind the man, and there I found the prisoner in his shirtsleeves with a coat over his head, holding it up—I took off the coat and lifted him up; he was in a stooping position—Moller pointed to him, and said "That is him"—I told him in English that I should take him in custody for having committed an assault on Mr. Orb, of 68, York Road, Battersea, on the night of the 28th—he said in English "I don't understand English"—I then asked Moller to explain to him in German what I had said, and the prisoner replied in English "I have not been in Battersea for six weeks"—I took him into the street, and handed him over to two uniform constables—he suddenly became very violent, and tried to get away, but we handcuffed him and took him to the station—the inspector said to him "Do you understand
English?" holding up the charge-sheet to him; he said "Yes, if you read slowly"—the charge wad then read to him—I searched him, and found a small pocket-knife on him—he had this hat on (produced) at the lodging-house—it has only been worn two or three times; the lining is just soiled—it is about the same size as the other hat.
Cross-examined. I was not told at the house that he had been asleep; I may hare said so before the Magistrate—he was sitting or crouching with his knees up to his chin, not dozing—his hands were supporting the coat—he did not say he would not go with me until he understood the exact nature of the charge.
GEORGE HICKMAN (Policeman V 199). On the night of the 1st January, between 11 and 12 o'clock, I went with Highland, another constable, to the prosecutor's house—I found him in the parlour at the back of the shop bleeding—I looked at the closet window; it was, "open—it is a large window; it lifts up; it is very easy to jump through on to the roof, which is nearly level with it, and about 14 feet from the ground—I taw a ladder placed at the back door of the chopping-house leading to the roof—a person could ascend by that quite easily to the roof, and so through the window—I saw Highland find that hat and knife in the room.
WILLIAM HIGHLAND (Policeman F 244). I went with the last witness to Mr. Orb's house—I searched the room, and found this knife lying on the floor—there was blood on the point in spots, and there was blood on the floor—I also found this hat on the floor, about two yards from the knife.
MARTHA KENT . I live at 6, Sussex Street, Poplar—I let lodgings—about six weeks before the beginning of the year the prisoner came to lodge at my house—on Christmas Eve, between 9 and 10 o'clock, I saw him in the kitchen with a knife similar to this; it was a new knife, with a brown handle, and it had not been sharpened—he brought it in and put it on the table; I told him to put it away, I didn't like the look of it, and he put it on the mantelshelf—I did not see it after that day—he left the house on 30th December, and called again on the 1st January between 2 and 3 o'clock in the afternoon—he was then wearing a hat similar to this—he left a box at the lodging—I saw the police search it afterwards; no knife was found there.
Cross-examined. He had no room of his own; he slept on a couch in the kitchen—the police searched the box for the knife, but nowhere else—I did not notice the knife at all; I did not like the look of it—I have seen a butcher's knife before, years ago—the box was open when he left.
Re-examined. Since I gave evidence at the police-court a friend of the prisoner's called and wanted to search the box, but I said I could not allow such a thing—I have since searched the box, and I found a secret drawer, and there was an old rusty knife in it, not at all similar to the one he brought in on Christmas Day—there was a little place in the corner of the box and another place underneath it—I did not know that till I tapped and pulled a piece of board up, and there I found the rusty knife; this is it (produced).
EDWARD SHAW (Police Inspector V). On the 2nd February I went to Mrs. Kent's and asked for the prisoner's box; I looked into it and took some of the things out—I found no knife there; I knew nothing of that secret drawer then.
HENRY SOANES . I am a manager to Mr. Brassington, a hatter, of 341, King's Road, Chelsea—on Saturday night, the 1st January, between 11 and 12 o'clock, I sold this hat (produced) to the prisoner—he had no hat on when he came in.
Cross-examined. That is not a hat of our manufacture—a great many hatters in London may sell a hat like that—I only identify this as a hat of the kind we sell—it was close on closing time—no one else serves in the shop—I had never seen the man before—I saw the prisoner again on the Monday week following, at the Wandsworth Police-court, with seven or eight others, and I picked him out—Inspector Shaw was with me at the time—I cannot say how the others were dressed, or whether they had hats on or off—my attention was not attracted to the prisoner—I was taken in the cell or room where seven or eight men were placed in a row—I was asked if I could identify the man I had served on the Saturday night previously, and I placed my hand upon the prisoner without any difficulty whatever—I do not think he had his hat on at the time.
Re-examined. I had placed a hat exactly like this in the window on Friday evening—I am sure the prisoner is the man who came to the shop.
The Prisoner's Statement before the Magistrate was read as follows: "I have much to say. On the 1st January, from 8 till 11 p.m., I was at 42, Lombard Street, Whitechapel. The landlord saw me, and I spoke to him; others whose names I do not know saw me. The landlord spoke to the inspector when I was taken, saying he saw me in his house at 11 o'clock. I then went to a coffee-shop, where I slept. I did not ask the landlord's name, nor the number of the shop; I shall have that man as a witness. I did not have this knife in my possession. I had one which I keep in a secret part of my box, a sort of second shelf, which slides like a drawer. No one who did not know the box would find it. It was a new knife; I had had it a long time. On the Thursday before this is said to have happened I took this knife and a smock to an English-man who was to engage me, at Bethnal Green. I forget his name. I remained one day and a half, but as I could not speak English well, nor he German, I left him, taking my knife and smock to a coffee-house, where I breakfasted. I laid them by me on the bench, and forgot to take them when I left. When I returned they had gone. Mrs. Kent saw me take away the smock, the knife was wrapped in it. There must be a knife in my box which has an iron knob at the end. I bought the hat one day before Christmas, in Jew Lane, Whitechapel, in the street, for 2s. 6d. In it is an inscription, 'London manufacture,' with a trade mark. My old hat I lost going to St. Katherine's Dock. The wind blew it off. So I had to buy a new one. I never saw Moller except when I fetched my box. He came when I was taken with the police. He had a stick. They found me without my coat, as I was sleeping. Several stood before me, but I did not notice what they said, my coat being; up. I took it when I heard the police were there. It fell, I picked it up, and Sergeant O'Dea said 'I have you,' and the others rushed on me. I asked what it all meant. O'Dea said, "You know, about Battersea." I did not understand what he meant. Moller was asked to explain, but he flourished his stick and said excitedly, 'We have you now on a good charge,' and did not explain. Outside I refused to go farther till I was told what for. Then Moller said I was in custody, and I went quietly.
At the station the inspector asked where I was the night before, and the landlord of 42, Lombard Street, said, 'In my house till 11 o'clock.' I shall reserve the rest of my defence till my trial, and call my witnesses then."
GUILTY . He also PLEADED GUILTY to having been convicted of larceny at Wandsworth Police-court,— Twelve Years' Penal Servitude.
MR. GREENMELD Prosecuted; MR. HEWICK Defended.
HENRY BARKER (Policeman L 100). On Sunday morning, 30th January, about 2.40 or 2.45, I was on duty in Gray Street, Waterloo Road—I heard a noise in No. 38 as I was passing by; I kept observation for about twenty minutes—during that time 101 came along on the other side, and I called his attention—I saw the prisoner come up to the window, tear down the curtains and blinds, and throw them towards the fireplace—he afterwards went to the window, threw it open, and looked out; he then went up to the mantelpiece, took a match off the mantel-piece, struck it, and stooped down, and about two minutes afterwards I saw flames and smoke issuing from the window; I rushed to the house door and knocked; it was opened by a little girl—I asked who was in the front room—I rushed upstairs and tried the door; it was barricaded by the legs of an old wooden bedstead, that had apparently been broken up—I said "Open the door"—he refused to open it; he made no answer—I asked him three times to open it—close by there was a bedroom, where Mr. Davies and his family were asleep—I knocked at the door and said "Is any one in this room?"—I could get no answer; I burst open the door and tried to wake him, but could not; I had to carry him out of the room, also three of his children—I sent 101 for water and then burst open the door of the front room—the place was on fire—there was a piece of curtain, a pair of trousers, a pair of boots, a piece of beef, about 3 1/2 lb., a hat, the blinds, and a chair, all burnt—they were lying on the hearth near the fireplace—the mantelpiece had caught fire—the prisoner was in the room—I said to him "Why did not you open the door?"—he said "I was asleep in bed; I hung my trousers to dry, and they accidentally caught fire"—he was in his shirt, drawers, and socks—I told him I should charge him with setting fire to his place—he said "All right"—my attention was called by hearing a noise in the room like the breaking up of furniture; that was just before the fire—I had not heard any quarrelling or any voices in the room.
Cross-examined. It is a small house—the blinds were drawn up when I first noticed the house—I could see into the room quite clearly; I was on the opposite side of the road—it was after he opened the window that I saw him light the match—I can't say whether the door was locked; I pushed it open, and then saw that it was barricaded by the legs of an old bedstead—the prisoner was standing against the open window—there was no fire in the grate, no cool tire, only the fire on the hearth from the burning things—his trousers were three-parts burnt—there were three or four chairs in the room; they were broken up and strewed about, all but one; one was burning near the hearth—the trousers were near it—the prisoner made no attempt to get out—he was apparently sober.
WILLIAM CARTER (Policeman L 101). At 3 a.m. on 30th January my attention was called by Barker to 38, Gray Street, to the first-floor window—I watched that window with him for a quarter of an hour or twenty minutes—I heard a noise in the room like the breaking up of wood—I heard that going on most of the time I was watching—I saw the prisoner pull down the blinds and curtains and throw them on the floor—a few minutes afterwards I saw smoke coming from the open window, likewise a flame in the room—I crossed the road with the last witness and entered the house with him—we rushed upstairs—he forced the door; I followed him in and I saw a fire on the hearth, consisting of broken furniture and portions of the blinds and curtains in flames—the mantelshelf was also partly burnt, and in the grate there were two cabbages and a piece of meat—there were no coals or coke or any fire in the grate—I assisted in rousing the inmates of the next apartment—the landlord and several children were sleeping there—I then went downstairs for water; I found some in a bucket handy and I extinguished the fire—I did not say anything to the prisoner; he appeared to be perfectly sober—he said nothing in my presence about the fire—he gave no explanation—the other constable took him to the station—I was left in charge of the room.
Cross-examined. I watched the house very carefully with the last witness, and saw the prisoner tear the blinds down and throw them on the hearth; I saw other movements in the room, but I could not say exactly what he was doing; he was stooping down—I was about 15 yards off—there was an oil lamp on the mantelshelf, a very good light—I saw him open the window—it was about half a minute from the time I saw the curtains torn down till I saw the smoke and flames issuing from the room, and it was a minute and a half or two minutes from the time I first entered the house till I got into the room—the furniture was partly burnt and there were small portions of the curtains left—I saw the trousers afterwards—there was no fire in the grate—there might have been sparks from the fire on the hearth, but no coal fire at all—the piece of meat was raw, but scorched and partly cooked by the fire on the hearth—the prisoner was standing near the centre of the room with only his drawers and shirt on—there was a fender—the things were outside the fender, about 18 inches from the grate—the burning things were on the hearthstone, and some of the fragments of the furniture on the boards—the fire was flaring up very nearly to the ceiling, so that the mantelshelf caught—I found half a box of matches scattered on the mantelshelf, not in a box—they were not in the fire.
WILLIAM DAVIS . I am the landlord of 38, Gray Street—about 3 o'clock on Sunday morning last I was called up by two police-constables—the floor was running with water and the house full of smoke; the front room door was open—the prisoner was a tenant of mine, the only lodger—when I went into his room I saw a black muss, a few sparks, and water running out of the room—there were sparks on the floor near the fireplace; I could not see the mantelpiece for smoke—the two constables were dousing the fire with water—I did not hear the prisoner come home that night—I did not see him till I went to the station.
Cross-examined. I went to bed between 12 and 1 o'clock; I believe the prisoner had not come home then—I did not hear him; he had been with me three months this last time, and previous to this about nine months—I
bad him back, because I found he was a man of good principle and payment—I never had a quarrel with him; I am in the house still, and occupy his room—the side of the fireplace is very much charred—I never used to lock the door; it was dangerous—I do not believe the lock is broken, but you cannot get it undone again; I undid it with the poker one morning—my room was close to the prisoner's; there is only the plaster partition.
WILLIAM HASWELL (Police Inspector L). I took the charge against the prisoner, and read it over to him—he said "I was out at work till 7 p.m.; my trousers were very wet, I hung them to dry, and they caught fire."
The Prisoner's Statement before the Magistrate. "I do work till 7 o'clock, and have to go to work on Sundays. I thought I would keep my own company; I took a walk, and met two or three friends, and hid a drop to drink. I stopped over the water till 1 o'clock, and come home between 1.30 and 2 o'clock in a cab, and went upstairs; my wife was in the room. We quarrelled, and I started breaking the things there. I tore the blinds down, and broke a chair. There was not such a thing as a poker in the room. My trouser legs being very wet with snow, I hung them on the back of the chair in front of the fire and went to bed. I cannot say how long I was there, but woke up with smoke, and ran to the window. The constable said, 'What is that smoke up there?' I said, 'The place is on fire,' and I did my best to put it out."
WILLIAM DAVIS (Re-examined). The prisoner's wife was living with him at the time—I am told she was out of doors on this night; I cannot swear to that—I did not see her there; I may have seen her on the Friday night, but I am not sure.
GUILTY. Recommended to mercy by the Jury. — Nine Months' Imprisonment.
Before Mr. Common Serjeant.
MESSRS. MONTAGU WILLIAMS and PURCELL Prosecuted; MR. RIBTON Defended.
EDITH MARIA MILLER . I live at 2, Trinity Square, in the Borough—on the 23rd of September, 1880, I was married to the prisoner at Trinity Church, Newington—at the time I first met him I was a cashier at a wholesale house in the City; he came to make purchases, and in that way an acquaintance was made—he said he was an officer in the Intelligence Department of the War Office—he said he had been in the 3rd Hussars, but he was shot in the eye and in the chest, and was removed from active service—he said he had been 12 years in the East, but that he used to come home for 18 months; that his father was a general in the army, and lived at Uxbridge, and his name, Daniel Wiltshire, was in the Army List; that he had a cousin a knight; that his duties were sometimes at the War Office, sometimes at the Tower, and sometimes at Aldershot or Woolwich—I have had letters and telegrams from those places from him—he said his income altogether amounted to 350l.; that it was paid once a quarter, but that it had not been paid for a long while; that he was
paid on Sundays as well as other days; that he had to be away one night in a week, and that would entitled him to 14s., as it was thought he was unmarried—he had plenty of books where he lived in the Buckingham Palace Road—he said the week he was arrested that he was going to Port Natal—we were going to Malta, that is why the marriage was hurried—he was going to be an under-secretary; that he had not accepted an appointment because it was for five years.
Cross-examined. I have not made all these statements before the Magistrate; I had no money of my own when I was married—he gave 10l. as a wedding present—he promised me 50l.; he afterwards gave me 20l., but he borrowed it of my brother—he has been kind, and he has not beat me—I said before the Magistrate that the prisoner was kind; he could not have been better; that is true.
WILLIAM HENRY CRIPPS . I live at 11, Queen Victoria Street, and am an articled clerk to Mr. D. T. Ashby. solicitor—I produce certificate of marriage of the prisoner with Edith Maria Miller, obtained from the Registrar at Somerset House—I examined the copy with the original; I also produce certificate of the marriage of Harley Henry Willshire with Charlotte Georgina Lavers—I also obtained that from the Registrar; I have examined it with the original.
ELIZA LILIAN CHANDLER . I live at North wick Mews, Maida Vale—my husband is a cab proprietor—Charlotte Georgina Willshire, the prisoner's wife, was my sister; I was present at St. Stephen's Church, Marylebone, on the 7th September, 1879, when the prisoner married my sister—this is her photograph—she is present.
Cross-examined. They lived at Hammersmith, then at Gunnersbury—the prisoner took a house and furnished it; I was there several times; the house is empty now—most of the furniture was on hire—the prisoner got 100l. with my sister—I said before the Magistrate he was very kind; he was so far as I knew—I also said my sister did not desire to prosecute, but that was in answer to a question, when I might have said I did not think so.
HENRY LANGUISH (Police Inspector). About 9.30 on 8th January I arrested the prisoner at 12, Buckingham Palace Road—I told him the charge—he said "I expected as much; you come well prepared; you must think me a fool to resist"—I searched him; I found a gold watch, a metal chain, four pawn-tickets for various articles of jewellery, a diamond ring, diamond studs, and a pocket-book—two gold watches were in pledge, and one I found on his person.
MR. RIBTON called
DONALD ROBERTSON (Warder). I came here to prove that the prisoner was convicted at this Court in 1868 for marrying Susan Leslie during the lifetime of his wife Ellen—I had him in custody for part of the five years for which he was sentenced.
MR. RIBTON submitted that as the prisoner was convicted in 1868 his wife, Ellen Earle, being then alive, the presumption was she was alive still, and therefore it was necessary for the prosecution to prove her decease; otherwise the present indictment, which assumed that Charlotte Georgina Lavers was the wife of the prisoner, was a nullity. MR. PURCELL referred to the case of the Queen v. Curgurwen, in Law Reports, Crown Cases Reserved, to show that the second marriage was not bigamous unless it was proved the prisoner knew the first wife was alive within seven years of the
second marriage, and argued that in this case the burden of proof that Earle was alive lay with the defendant. The COURT, after consultation with MR. JUSTICE GROVE, held that proof of Earle being alive rested with the defence.
GUILTY.— Judgment Respited.
Mr. FOSTER REID Prosecuted.
JOSEPH FLOOD . I am a printer of 34, Penrose Street, Walworth—on the 12th of January I secured the doors and windows of my house—I left my wife and daughter sitting up—my wife woke me—I went on the landing—I saw the prisoner with a light in his hand—I asked him why he was there—he made no reply—I went downstairs—I asked him how he came into the house, then I asked him why he had my lamp in his hand—he made no reply—I found the parlour shutters broken open, and a pane of glass of the window broken—the furniture was disordered—the window was down—I found a bundle in the kitchen containing tablecloths, sheets, and other linen—in the parlour, my desk and my wife's work-box were packed—two spoons were found on the sofa afterwards, which were on a tray in the kitchen when I went to bed—the prisoner did not appear to me to be drunk—I had not seen him before—I called a constable, and gave him into custody—he appeared quite easy, and did not appear to want to go.
Cross-examined by the Prisoner. You did not say you had made a mistake, nor that you did not want to go away.
Re-examined. If he had resisted, I should have endeavoured to stop him.
ELIZABETH FLOOD . I am the prosecutor's wife—my husband went to bed on the 12th of January, leaving me and my daughter up—I went to bed about 9.30—I heard a noise downstairs—soon after I got to bed I heard it again, and woke my husband—he went on the landing, I followed, and saw the prisoner—he is quite a stranger—I followed my husband and the prisoner down into the parlour—the place was in confusion, and there were some lighted matches and broken glass all over the carpet, and the shutters had been broken open—the work-box, desk, and spoons were packed to take away, on the sofa—the shirts, sheets, and table-cloths were tied up in a bundle, and were in the kitchen—I had seen the spoons safe in a basket in the kitchen cupboard about eight o'clock—the prisoner said, "You know me, I live next door, and the girl has got my watch and chain"—we have no girl—I think he was sober from what he did.
Cross-examined by the Prisoner. You did not say in answer to me, you (lid not know what you were there for—I did not say you were drunk.
EDWIN WOODGATE (Policeman P 44). I took the prisoner into custody—I asked him why he was there—he said he did not know—I said, "How did you get here?"—he said, "Take no notice of me, I am drunk"—I think he had had a drop—he knew what he was about—I took him to the station, and charged him.
The Prisoner's Statement before the Magistrate. "I was very drunk, I had been drinking six hours."
The prisoner handed in a long written statement, to the effect that he had been drinking, with friends for six or seven hours, and did not know what he. was about, and would not get drunk again.
GUILTY .— Twelve Months' Imprisonment.
Before Robert Malcolm Kerr, Esq.
260. CHARLES MURDOCH (15) PLEADED GUILTY to a burglary in the dwelling-house of William Richard Wedgwood and another, and stealing a coat, umbrella, and other goods. Also to breaking and entering the dwelling-house of Percy Cartwright, and stealing two coats and other articles.— Judgment Respited. There were two other indictments against the prisoner.
MR. ATTENBOROUGH Prosecuted.
JOHN HENRY LAMB . I am a solicitor, having offices at No. 3, Renfield Road, Lower Kennington Lane—last year I engaged the prisoner as clerk at 21s. a week; he had a bedroom in the house where the office is—he received money on my account; it was his duty to enter the sums in a book, and also on the opposite side to enter money paid on my account—he had no authority to sign my name to cheques or post-office orders—Mr. GOW, of Turnham Green, is my client; he owed me money in November—this post-office order for 5s. is not signed by me; it is the prisoner's writing; it appears have to been cashed on the following day—the first time I knew of this order was on 4th December, when the housekeeper at my office handed me the two documents produced (A letter and envelope)—in consequence of what I saw in that letter I made inquiries of the Post-office authorities, and found the prisoner had received the amount of this post-office order—on the 6th I discharged him—I found no entry of the post-office order in this book—I asked the prisoner whether he had any papers of mine; he said he had not; I said I should look—I went upstairs; I opened a drawer; I found an envelope which had been shown me by the housekeeper—I found this letter in the envelope: "26, Glebe Street, Turnham Green, W. Dear Sir,—I am unable to send more than 5s. this week, having been out of a situation so long, and my father having to pay some money away. Yours, &c., G. W. GOW"—the prisoner never told me he had received that 5s.—I received this letter from him on the 18th of December after I had discharged him (The letter alleged that the money had been spent in the business)—on 26th December, when I charged the prisoner, he said it was quite true, but the temptation was too great to resist—he did not then say a word about the money being spent on my behalf—the letter was the first intimation of that—the prisoner had a balance in hand on 8th of November.
Cross-examined by the Prisoner. I was ill on the 5th of November—I was at the office on the Friday, till the evening—I think there was no one there but yourself—I had no other clerk for some time previous to that—you might receive money, but you were not to open letters unless I was away, or if I was not at the office at a certain hour; that hour was 11 o'clock—on the 8th of November I was not at the office at all—on the Friday evening when I left I did not leave any money for salary or incidental expenses—I did not leave you your salary for the Saturday, but there was a small balance in hand—I wrote you long letters on the Sunday, stating several matters of business scattered about at Norwood, Regent Circus, and telling you about a Mr. Smirton particularly—I do not know where that letter is; I have looked for it; it is not produced because you did not put it away properly—I produced the letter at the
police-court—I suggested a settlement to Mr. Smirton, because there was no defence to the action—I saw Mr. Thompson and Mr. GOW—there was a compromise—I did not say to you that I should get 25l. if the arrangement was made—all I remember is that the solicitor would pay 50l. to settle the action—I did not say "I could get 50l. like a shot"—I do not remember all the instructions I gave you—I may have instructed you to go to various places—when I discharged you on the 6th you did not deny having had the 5s.; you did not say you had no objection to my looking at your papers, but you said there was nothing there of mine—I did say "My conditions are these"—I did pull out a piece of paper—my conditions were that you should not remain in the neighbourhood, and that you should not loiter about the public-house opposite, and above all that you should not attempt to go round to my clients—I did not know what you might do; very likely I was afraid of that; I said "If you go away and get right out of the neighbourhood I may not prosecute"—then you said "I am perfectly penniless," and you asked me for money, and I gave you 10s.; I think I also said I would pay for the lodgings—I then knew of the forgery—I also made it a condition that you should leave your lodgings—I did not seize your box, nor cause it to be seized and taken out of your room and ransacked; I ordered your box to be taken out of your bedroom—I did not know it was forced open; the first time I saw it was when the detective was there; it was unlocked at the time—the box was not opened to my knowledge previous to swearing the information—on the following day I found fault with the landlady for allowing you to remain in the house—your setting me at defiance might be one reason, but it is not the only reason for prosecuting you—I might have said in reference to Smirton you were to use your own discretion—there were two post-office orders from GOW—I paid Mrs. Bisp, or you would never pay—I found a book on physiology in the box—you had about twenty books at the outside—you may have put the book there accidentally—Mrs. Bisp said she found the letter upstairs in your room; that was the first time I had seen it; I told her to put it back where she found it, and I should make further inquiries—the room was open—Mrs. Bisp had to clean the office.
Re-examined. Mrs. Bisp said she had found a letter either on or in the drawers in the prisoner's bedroom; I believe she told me in the chest of drawers—the prisoner never wrote to me for money; he wrote to me two or three times—I have not the letters here—I gave him the 10s. that he should not be penniless; it was not to hush up anything, but simply out of charity—I cannot say when the entry of "P. 0. 5" was made—I was at the office on the 10th of November; I should probably only look at the then present week—the prisoner kept the book in his custody—the 5s. the prisoner is charged with is not entered in his account at all—the book was lying in the office—I could not swear whether the entry "P. 0. 5" was in it or not, but if it had been I think I should have noticed it—I last saw the box at the police-court—I took nothing from the prisoner's box I was not entitled to.
By the Prisoner. I did shake hands with you, but I did not say I should not prosecute you—I do not remember saying I would give you a reference—I did not promise to say that you left on account of being incapable for the chamber business—you asked me for a reference, and I said you had better not come to me for a reference, but that I would not do anything to hurt you more than I could help.
On the next witness, William Gow, being called, the Jury intimated that they did not wish to hear any more evidence.
NOT GUILTY .
FREDERICK WILLIAM IGGLEDEN . I am a compositor living at Kennington—on the 10th October I went into the Duke's Head in Kennington Lane soon after 1 o'clock—I placed the umbrella produced near the partition leading from the public to the private bar—I remember the prisoner coming in—I remained about half an hour afterwards; I left and forgot my umbrella; I came back in about two minutes; it was gone as well as the prisoner—I next saw it at the pawnbroker's—I have no doubt this is the same; my initials are on the handle—I value it at 12s. 6d.
Cross-examined by the Prisoner. Two or three others were in the bar; I have not brought them here—I did not see you take the umbrella—you were the only one who went from the bar.
EDWIN BANCHAM . I am assistant to Mr. Russell, pawnbroker, of Fore Street, City—I produce the umbrella pledged with me on 14th October by the prisoner in the name of John Wilson for 3s. 6d.—I knew him by that name.
Cross-examined. You told me your name was Wilson Hogg when you made the declaration.
Re-examined. The declaration was made on 21st December, and was in place of the ticket, which was lost; I filled it up; it was copied from the duplicate.
FREDERICK ARTHUR NASH . I am the landlord of the Duke's Head—I remember the 10th of October, also conversing with the prisoner a few days afterwards; I told the prisoner in the bar-parlour that he took the umbrella that was lost by the prosecutor—he said, "I know nothing about it whatever."
FREDERICK BARTON (Detective Sergeant L). On the 12th October I went to the Duke's Head about 9 p.m.—the landlord accused the prisoner there of taking the umbrella—the prisoner said, "Do you wish to infer that I am a thief? So help me God I know nothing about the umbrella whatever"—on the 24th I took the prisoner into custody on another charge—on searching him I found this paper in his pocket—I said, "Whose umbrella is this?"—he said, "It is mine; take good care of that; it is a ticket relating to a gun that I would not lose for half the world"—I took the prosecutor to Russell's in Fore Street; he identified the umbrella—I gave this paper to the pawnbroker; it relates to an umbrella.
By the COURT. The Duke's Head is opposite the police-station, and I went in on the Sunday when the landlady brought under my notice that an umbrella had been stolen—I did not tell the prosecutor to prosecute.
Prisoner's Defence. I know nothing of the case. I bought the umbrella of an itinerant vendor in the street for 6s. 6d. I did not know it was stolen. I wanted another treat, and I pledged it. Mrs. Bisp, my landlady, has the ticket.
NOT GUILTY .
Before Mr. Recorder.
263. HENRY JAMES SHARPE (31) PLEADED GUILTY to unlawfully converting to his own use 95l. 2s. 5d., the moneys of Mary and Harriet Fanchon, and 27l. 13s. 5d. of the creditors of Mary Robins, which he had received as a trustee in bankruptcy. He received a good character.— Twelve Months' Imprisonment without hard labour. And
264. GEORGE PEAKE (41) to feloniously forging and uttering an endorsement for 85l., also to two indictments for embezzling securities and money of Frederick Rocher, his master. He received a good character.— Eighteen Months' Imprisonment. [Pleaded guilty: See original trial image.]
Before Mr. Common Serjeant.
MR. POLAND Prosecuted.
CHARLES JOHN BASSETT . I keep the Two Brewers, Bermondsey—on Saturday night, 22nd January, between 11.30 and 11.40, I served the prisoner with half a pint of ale, and saw my wife serve him with a pennyworth of tobacco—he put down a florin, my wife took it up; I put it to my teeth and found it was soft—he drank the ale and turned to run away, leaving the tobacco on the counter—I said "Beech, stop him which he did, and I ran round and held him, and sent Beech for a constable—he said "Let me go"—I said "I should like to hit you on the nose"—he said "I wish you would, and let me go"—I saw two men on the other side of the road; they could see the prisoner stopped—they ran away—I gave the prisoner in custody with the florin.
Cross-examined. You did not offer to pay for the beer when I said that the florin was bad—you only had 1d., the beer was 2d. and the tobacco 1d.
ALEXANDER BEECH . I am a labourer—I was in the Two Brewers and saw the prisoner put down a florin—Mr. Bassett took it up, bit it almost in two, and said "This is a bad one"—the prisoner made a rush to the door—Mr. Bassett said "Beech, stop him"—I laid hold of him at the door, he lifted up his hand to resist me, but I got hold of his collar and wrist, and Mr. Bassett came and held him—I fetched a constable and he was given into custody—I did not hear him say that he could pay—two men who were outside ran away.
JOHN RUDKIN (Policeman M 353). I took the prisoner—he said "Let me go this time; I suppose you will be in trouble some time"—he said at the station "I got it from a woman in the market this morning"—I found 1d. and a knife on him—I got this florin from Mr. Bassett.
Prisoner's Defence. I got it from a woman where I work in the market.
GUILTY . He then PLEADED GUILTY** to a conviction of felony at Greenwich in January, 1880.— Twelve Months' Imprisonment.
MR. POLAND Prosecuted.
THOMAS HIND . I am barman at the Simon the Tanner, Long Lane, Bermondsey—on 8th January, about 11.55 p.m., I served the prisoner with half a pint of ale; he gave me a shilling, I put it in the till and gave him elevenpence change—there was no other shilling there—he then asked for a pennyworth of tobacco and gave me another shilling—I said "This is Dad"—he said "It is not"—I said "I shall break it"—he
said "Don't break it, I can't afford to lose a shilling"—I bit it and gave it to Mr. Parker, who stood at the door—I then went to the till and found the other shilling was bad—no one had been to the till in the mean time—I said to Mr. Parker "Here is another one what he has just given me is a bad one"—he said "Fetch a constable"—the prisoner said "Let me look at it"—Mr. Parker bent it and gave it to him, and I gave him the first shilling—he was given in custody.
Cross-examined by the Prisoner. The policeman searched the floor but could not find the shilling—I asked you for it and you said you did not know what you had done with it—we had taken bad money on three Saturdays before, but Mr. Parker did not say that he would make somebody for it—no other man was in the compartment.
ARTHUR PARKER . I keep the Simon the Tanner—on Saturday night, 8th January, I was closing the doors and Hine gave me a shilling; 1 bit it, bent it, and gave it back to the prisoner, who was in front of the bar, thinking it was the first he had given; it was soft, and my teeth sank in it—he did not ask for it—Hine then showed me another bad shilling which he took out of the till—the prisoner shoved me on one side and tried to escape, but I gave him in custody—I had cleared the till five minutes before and there was no shilling there.
Cross-examined. I was not every agitated; I said that several persons have been passing bad coin—I gave you the second coin; you were searched in the bar, and it was not found—I suppose you passed it away, the bar was full.
JOHN HAYDEN (Policeman M 229). I was sent for, and found the prisoner detained in the bar, which was full—the landlord let the people go out, and then I asked the prisoner what he had done with the shilling—he said "I don't know"—I searched him in the tap-room, and found three sixpences, 1s. 3d. in bronze, two quarter ounces of tobacco, some tobacco in a pouch, a knife, and a card-case, but no bad money—Hine gave me this shilling (produced).
The Prisoner's Statement before the Magistrate. "I did not know the coin was bad."
Prisoner's Defence. I got the money for carrying oranges; it was the only shilling I tendered in the house, and if it was bad I was not aware of it. I was a little bit drunk, and asked for the tobacco, not knowing I had got the other half-ounce.
GUILTY .**— Fifteen Months' Imprisonment.
MR. POLAND Prosecuted.
CAROLINE OWEN . I am barmaid at the Cornwall Arms, Cornwall Road—on 8th January, about 9 p.m., I served the prisoner with a pennyworth of tobacco; he gave me a florin; it bent very easily in the tester, and I gave it to the landlord, who said to the prisoner "Do you know what this is?"—he said "A two-shilling piece, and I am waiting for the change"—Mr. Denyer said "It is a bad one; I must detain you"—he ran out of the house, and Mr. Denyer got over the counter and ran after
him—I saw him in custody on the Monday morning—I am sure he is the man.
Cross-examined by the Prisoner. The landlord did not come out of the parlour, nor did I take it to him there; he was in the bar.
THEOPHILUS DENYER . I keep the Cornwall Arms—on 8th January the barmaid put a florin into my hand, and I said to the prisoner "Do you know what you have given her?"—he said "A two-shilling piece, I am waiting for my change"—I said "I shall detain you"—he ran out of the house; I got over the counter, ran after him, and pursued him over a quarter of a mile—I had to run hard; he ran down a mews into a closet—I called a constable, who fetched him out, and I identified him—he said "I have not been in the man's house to-night"—I gave the florin to the constable—I had served the prisoner with half a pint of ale the night before; he gave me a florin, and I gave him 1s. 11d. change, and immediately found it was bad—I had not parted with it—as he had gone I threw it in the fire, and it melted—I have no doubt it was bad; it was an ordinary fire—I am quite certain he is the person who was there both nights.
DAVID AROHER (Policeman LR 4). About 9 p.m. on 8th January Mr. Denyer gave me information, and I went down the mews, and found the prisoner in a water-closet; I asked him where he lived—he said "No. 4 down the court"—I struck a match, opened the door, and Mr. Denyer said "That is the man"—I told him the charge—he said "I have not been into your house to-night; what do I want tobacco for? I have got some"—I searched him, and found 2d. and about-half an ounce of tobacco in a pouch—he afterwards gave his address 78, Waterloo Street, Camberwell, and on the Sunday he gave his correct address, 1, Caroline Place, Wyndham Road, Camberwell, where his mother lives.
Witnesses for the Defence.
JAKE CHAFFEN . I am the prisoner's mother—on Friday, 7th January, he was indoors at 4.30, and never stirred from home till he went to bed at a little after 10, when one of his younger brothers left off work; we all went up together—he was playing at draughts with his brother.
Cross-examined. I was living at 1, Caroline Place, Wyndham Road, Camberwell Green—only my family and I live there—I have four children, but no husband—the prisoner was living there, he was looking for a situation—he went out about 9.30 that morning, and I did not see him all day—he came back alone—I was washing when he came back—I do not know the Cromwell Arms—I was not before the Magistrate; I could not get into the police-court—he came in the previous day at 5.30 with his brother—he has been out of work three months.
FLORENCE WARD . I am single—I went in on this Friday between half-past 5 and 6 o'clock, and the prisoner was in then, and had been in some time and had his tea—I was there till 10 o'clock, and he did not go out.
Cross-examined. I do not live with his mother, but—the baby was ill,—and I went to see how it was—I have known the family a long time—I
was not there on the Thursday, not since about Monday—I generally stayed till about 9 or 10 o'clock—the prisoner was in that night too.
ADELAIDE GREEN . I char at ladies' houses—I hare known the prisoner's family some time—on Friday, 7th January, I went there between 6 and 7 o'clock, and was there till 10 o'clock—the prisoner did not go out while I was there.
Cross-examined. I went there with Florence Ward because the baby was ill—I was there I think every day that week—I was there the night before, and the prisoner was there—I went about 8 o'clock, and stayed about an hour—I was not there the previous night, or the Tuesday night, only in the daytime—I live in Bolton Street—it takes about five minutes to walk to the prisoner's house.
Prisoner's Defence. I have always got my living in a straightforward manner, It is through a misfortune that I got the money, I did not know it was bad.
GUILTY of the second uttering. — Six Months' Imprisonment.
MR. POLAND Prosecuted; MR. FRITH Defended.
WILLIAM MELVILLE (Detective Officer). On 11th January I saw Daniel Raynor in Walworth Road—I followed him into the Horse and Groom, and said "I shall take you in custody on suspicion of uttering counterfeit coin"—he said "You are making a mistake this time; I never did such a thing"—I took him to the station; he was placed, with four others, and Mr. Oartwright identified him—I found on him a packet of grain tin and a packet of antimony—he was going towards Camberwell Green—I said "What have you got there?" he said "I am a tin-plate worker, and I want it for my trade"—he first gave his name Cooper, 12, Isabella Street, Waterloo Road, and on the same night he said that his name was Daniel Eaynor, and he lived anywhere—I did not know where he lived, but on the next night I went with Inspector Hunt to 11, Runham Street, Walworth, and saw the landlady, Mrs. Hussey, who showed me a front room first floor, which was locked—I forced it open, and we went in; it was a bed and sitting-room—I found there this galvanic battery (produced), some jars, a piece of zinc, a piece of copper wire, three bottles of liquid, some plaster-of-Paris mixed and unmixed, some antimony, a burnisher, a funnel, and some quicksilver in a box—the carpet in front of the fireplace was bespattered with white metal; we took possession of all those things, and have them here—I went there again next day, raked under the ashes in the grate, and found this bad half-crown—I found on the mantelpiece a good shilling, a Hanoverian medal, a parcel of gold leaf, a piece of glass with marks of a mould on it, and a brush (produced)—I made inquiries, and tried to find the female prisoner, but could not until 24th January, when I went to a private house, No. 5, Nelson Street, about 8 o'clock, and said to her "I shall take you in custody for uttering and also for being concerned with Daniel Raynor, in custody, for having possession of implements for the manufacture of base coin"—she said "I have got some good friends; it is some of them that have done this"—at the station she gave her name "Ellen Raynor," but afterwards said "I am a single woman; my name is Heffernan."
Cross-examined. I have ascertained that they were living as man and wife, and that she passed by the name of Raynor, but she said that she is single—I believe this battery can be used for perfectly legitimate purposes.
ANN HUSSET . I am the wife of Frederick Hussey, and landlady of 11, Runham Street, Walworth—the prisoners occupied the front room first floor, about five months, in the name of Mr. and Mrs. Raynor—they brought their own furniture—they had a key, and locked their door when they went out—the man was out a good deal; he said he was a boot-closer, and worked for Rabbits, of the Elephant and Castle—I did Dot attend to them—the key of the fowl-house opened their door, because she borrowed it once when he was out and she could not get in—she slept there on the 12th, the night of the search—she had slept there alone on Tuesday night, the 11th, and I saw her go out next day about 9 am.; she had her apron on; she said she was going to the police-court, as her husband was in custody for fighting a policemen—she returned in the afternoon with her sister-in-law, his brother's wife—I saw them leave, each with a large apronful of something—Mrs. Raynor said to me, "Have you done your washing?"—I said "Yes," and the sister-in-law said, "We are taking hers away to-day because she is too lazy to do it herself"—they went out at the back gate leading to the Mews—she came back next night with her sister-in-law, and I told them the police had been there—they said, "What for?"—I said that I thought they ought to know what for, to fetch some things away—she asked what they had taken—I said, "Only a few jars," and asked her to come up and see—she came up as far as the door, which had been broken open, looked in, and then went away, saying she should be back again presently, and never came back—Raynor's brother paid the rent and fetched the goods nearly a fortnight afterwards—Mrs. Raynor used to empty the ashes sometimes in the dust-hole, and sometimes in the Mews for the fowls to scratch over, she said—I remember her showing me a bad florin before the police searched; it was not bent; she said that she had taken it to the pork butcher's, and they chipped it; I asked her if it was good; she said "Yes," but it was not.
Cross-examined. I took it into my hand, and she asked my opinion of it—the street door is never left open—there are three lodgers in the house, but there is no key to any door but the prisoner's—they have their own furniture.
SARAH LEECH . I was present when the police searched the prisoners' room, and saw the various things found—I also saw a half-crown found in the grate—I saw a piece of iron hoop on the floor, and a quantity of small pieces of white metal among the ashes and on pieces of paper which were strewn about the floor—that Was last Monday morning, and this clamp was found after the police had gone—I lodge in the front parlour.
WILLIAM WEBSTER . I am Inspector of Coin to Her Majesty's Mint—this is a packet of antimony, and this is pure grain tin; it is used to make the finest kind of counterfeit coin, and the antimony gives weight and makes the coin ring—this is plaster-of-Paris mixed with water, and the moulds for making coin are made with it—the coin is put on the glass, a bit of hard paper is put round it, or a bit of wood, and that
makes one side of the mould; the other part is made with the other side, the two parts are held together with a clasp, and the metal is poured in—this is a galvanic battery, with two or three ladders to hold the coin—this battered shilling found on the mantelpiece has been in acid; the silver has been taken off it and deposited on the counterfeit coin—I find here everything necessary for coining—here is a battery cylinder—I think it has been purposely broken, and the other portion taken away.
Cross-examined. There are trades in which all these things may be used—I never heard of a tin-plater plating tea-pots—this burnisher is not for burnishing coins, it is too hard—the quicksilver has nothing to do with coining—grain tin is used for a variety of other purposes.
Re-examined. This half-crown is bad; it has been through the battery and not properly cleaned off—it is made of the same kind of stuff as is in this crucible.
MR. FRITH submitted that there was no case against the female prisoner of possession of the articles, apart from the female prisoner, which was ruled to be necessary by Baron Pollock in Reg. v. Yankowski and others. (See Sessions Paper, vol. xci, p. 211.)
MR. POLAND contended that it was for the Jury to say whether she had a' joint possession or not; she slept in the room at night, and was engaged next day in carrying things away.
The COURT left the case to the Jury, and Would consult the Recorder as to reserving the point.
GUILTY . DANIEL RAYNOR**— Eight Years' Penal Servitude. ELLEN RAYNOR—
The prisoner (after plea) having stated that he was GUILTY, the Jury found that verdict. — Nine Months' Imprisonment.
ADJOURNED TO MONDAY, FEBRUARY 28TH, 1861.