CENTRAL CRIMINAL COURT.
McARTHUR, MAYOR. EIGHTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, May 23rd, 1881.
Before Mr. Recorder.
MESSRS. GLYNN and PURCELL Prosecuted; MESSRS. MONTAGU WILLIAMS and FULTON Defended.
GEORGE GIBBS STARK . I am a flour dealer, of 9, Bood Lane, City; the prisoner has been for some time employed by my firm—in October, 1879, there was some difference of opinion between us; and he was dismissed—a fresh arrangement was then made; he was to receive 200l. a year salary, and to obey my instructions punctually in everything—he wrote me this letter of 20th October, 1879, to that effect (read)—if he got a customer he would produce to me a sale slip, with the particulars of the order; and when he paid me money he would produce a cash slip—it was his duty to make sales and collect money on such orders and pay it to me—he generally called daily at the office about 11.30—he always gave me the money, or paid it into his own bank for his own convenience and for safety—he only paid in coin, cheques he would hand to me—he produced this sale slip to me, dated 12th November, 1879, of the sale of 25 sacks of flour to Mr. Bonthron, at 43s. a sack; and on 20th March he gave me this cash slip for 49l. 10s.—he paid me 49l. 6s., I think—he did not account for 51l. 15s.—I afterwards made inquiries of Mr. Bonthron about the transaction, and he told me something.
Cross-examined. At the time the prisoner entered my service I did not know that he had been in business for himself; I know it now—he was paid no commission, and no money for expenses—this letter was taken down by me and he copied it—when he was first dismissed he brought an action for wrongful dismissal—my defence was that he had not obeyed my orders—afterwards I found out that he had been embezzling; I have also charged him with forging my endorsement to cheques that he received and paid into his own bank, the Birkbeck—he has given me cheques on his bank for sums that he has received—I always believed they were for cash he had received, not cheques—he did not endorse the cheques he
received, with my knowledge—I very rarely told him the price he was to get for flour; occasionally I have—I was satisfied with the price he got, if he could not get more; he was to get as much as he could—he has not complained of my not allowing discount or commission or expenses, that I swear; nor havelreplied,"Well, then, you must load the flour"—I know what that means—I know now that he has at times paid me more than he received from the customers—he had nothing to do with paying dock and granary charges—I have not gone into matters that occurred before I dissolved partnership with Mr. Bruce—the action in the Mayor's Court is not going on—I do not know that this prosecution has delayed it—I understand that he is now in employment in the same trade, in a rival business.
Re-examined. I dissolved partnership with Mr. Bruce on 31st March, 1877; I have not gone into the accounts before that—the prisoner never told me that he had paid in excess of the amount he had received—it is not possible to find out what the sums were for that he paid me.
JOHN BONTHRON . I am a baker at 106, Regent Street—I have known the prisoner some time as traveller to Mr. Stark—on 17th November, 1879, I purchased of him 23 sacks of flour, at 45s. a sack, and on 15th March, 1880, I gave him this cheque for 51l. 15s., and produce his receipt.
The prisoner received a good character.
NOT GUILTY .
There were other indictments against the prisoner, but as the facts were the same, MR. GLYNN offered no evidence as to them, and a verdict of
NOT GUILTY was taken.
526. HENRY JOHNS (27) to feloniously forging and uttering an endorsement to a request for the payment of 6l. 7s. 9d., with intent to defraud.— [Pleaded guilty. See original trial image.] Six Months' Hard Labour. And
527. THOMAS ROBINSON (35) to feloniously sending a letter to Alexander Ridgway, threatening to murder him.— [Pleaded guilty. See original trial image.] To enter into recognisance to appear and receive judgment.
MR. TORR Prosecuted; MR. THORNE COLE Defended.
In this case the Jury were of opinion that it was a quarrel between the parties, but no robbery.
NOT GUILTY .
NEW COURT.—Monday, May 23rd, 1881.
Before Mr. Common Serjeant.
For the case of HENRY SMALL, tried this day, see Surrey Cases.
OLD COURT.—Tuesday, May 24th, 1881.
Before Mr. Recorder.
GRIMLEY PLEADED GUILTY .
MR. POLAND Prosecuted; MESSRS. KEITH FRITH and LEVY defended Newman.
WILLIAM GRIMLEY (the prisoner). I was 16 years old last birthday—I was in the service of Mr. Saillard, a feather manufacturer, of 85, Aldersgate Street, City—I went into his service about nine or ten weeks ago—it was my duty to wash the feathers downstairs in the dye-room—they are beaten down there, washed, and fastened up in bundles of about 28 or 30 each—there were two other lads in the service, George Fisher and Caleb Jarvis; they left the service some weeks ago—Jarvis gave a week's notice to leave, about three weeks after I went there—Fisher gave a week's notice when Jarvis's week's notice was due, but he left a week after Jarvis, before his notice was due, he was dismissed—Fisher is about 17, Jarvis is about the same age—Fisher left on the Wednesday—the day after he left he spoke to me, and from what he said I stole about 30 feathers off the line in the dye-room—that was the first lot I took—I put them under my clothes and carried them away—I gave them to Fisher round a back turning, and he went down Aldersgate Street in the direction of Newman's coffee shop in Hare Court—I waited at the corner of Barbican—he returned in about 20 minutes without the feathers—he made a statement to me and gave me 10s.—about the day after I stole another lot of feathers, I think about 28, from the same place—I gave them to Fisher round the same back turning; he went in the same direction as before, and returned without the feathers—he did not give me any money then; he afterwards met me and gave me 10s.—about a week after I stole some more, about 28—I took them myself to Newman; it was dinner-time; he was in the shop serving customers; he generally made a wink at me, as much as to say, "Have you got some feathers?"—I went out the back way with him, and gave the feathers to him—he said I was to come at night for the money—I was alone then—I went at night for the money, and Newman gave me 20s., and I gave half to Fisher—Newman told me to get as many as I liked, and he would buy them of me—about a week after I got about 30 more—I gave them to Newman at his coffee-house at the dinner-hour; he gave me 20s., and I gave Fisher half—when I gave him the fourth lot I went through the back way and halfway up the staircase and gave them to him—I did not take any more after that—I had another lot when the boy Munn found me out; that was on the 3rd May; I had got a lot under my clothes—after Jarvis left the service I used often to see him at Newman's in the dinner-hour.
Cross-examined. It was Fisher who first suggested robbing my master, and the moment he suggested it I undertook to do it—before I was at Mr. Saillard's I was working with my father; before that I was a telegraph messenger in the Post Office; I left there nine or ten months ago; I was dismissed for delaying a message—I only knew Fisher when I went to work at Mr. Saillard's; I was not friendly with him; I was
working with him for about two weeks before he left—when the police-man took me into custody I began to cry—I said that the 28 feathers was the first lot I had taken; that was a lie—I had Counsel at Guildhall—I pleaded guilty there—I did not have to speak at all—I was remanded three times—I did not say I was guilty—I made up my mind from the beginning pretty nearly to plead guilty—I told the officer at Moor Lane that I had taken the feathers—I made a statement, and he took it down, and it was read at the police-court—I told the constable what feathers I had taken and who had received them—my parents got me a solicitor; they told me to tell the truth—I expect by making this statement it will be better for me—I used to go to this coffee-shop to dine, not before Fisher told me of it—I don't remember saying to Fisher at the coffee-shop, "He won't buy them;" I can't swear I did not—Fisher did not say to me, "Bill, if we ever get into trouble we will blame b——old Newman for it;" I swear that; I don't remember anything of the sort being said; I can't swear it, but I don't remember it; it did not pass; I will swear it was not said—I know the two servants at the coffee-shop, but I do not know their names—I always went halves with Fisher in what I got—I am very sorry now that I robbed my master; I have been sorry ever since I have been in charge.
GEORGE FISHER . I live at 67, Myrtle Street, Commercial Road—I am 17, years old—I was formerly in the service of Mr. Saillard—I know Jarvis and Grimley—I and Jarvis left; Grimley remained in the service—I left about eight weeks ago—the day after I left I saw Newman—I had been in the habit of using his coffee-house—he asked me if I would ask Grimley if he would get a string of feathers, and he would buy them—he knew that I had got discharged from Saillard's—I used to see Grimley at the coffee-house—I afterwards saw Grimley outside Mr. Saillard's—I told him what Newman had said to me, and he went down to Mr. Saillard's firm again and got a string of feathers; there are generally 20 or 30 in a string—he brought them out under his shirt, and gave them to me—I took them to Newman's—I gave them to Mrs. Newman in the lavatory—Mr. Newman gave me the money in the shop the same day—I told him I had given Mrs. Newman the feathers, and he gave me 18s. 8d. or 1l., I won't be certain which—I gave Grimley 10s., and kept the remainder—Mr. Newman gave me the key to get into the lavatory; he told me I was to go and open the door of the lavatory and wait in there for a second, and Mrs. Newman would come to me—you can get to the lavatory without going through the coffee-shop—it is next door; there is a passage and a side door—Grimley got the next feathers—I did not see them; he told me he had got them, and he gave me 10s. outside the coffee-shop—I saw him go in—two or three days afterwards he got another string of 28—I did not see them—he went into the coffee-shop; I was there as well, to dinner—he was there about a quarter of an hour—he used to have his dinner before he came out; he gave me 8s. 8d. on that occasion—there were three more occasions, I believe—I did not see the feathers on either of those three occasions—I saw Grimley the same day in the coffee-shop, and he afterwards gave me money; once he gave me 10s., and I think twice 8s. 8d.: that was my share; the last occasion was about four days before Grimley was taken into custody—I used to see Mr. Newman every day while this was going on—nothing passed between us as to these feathers—I gave the key of the lavatory to Mr. Newman when I found that Grimley was in custody on the 3rd—I was taken to the police-court by the police on the 4th—I was
called as a witness, and gave evidence—Newman was not there at that time—I was not sworn on the first occasion, but I made a statement, and signed it—I went and saw Newman on the Wednesday, at half-past 2—I told him what I had said at Guildhall—I said that the gentleman asked me how many strings I had taken, and what I had had to do with them; what I knew about it, and what I had been receiving—Newman offered me 5l. to go right away; he said, "Don't be seen in it at all; you are putting me away"—he did not give me the 5l., he only offered it—Mrs. Newman said he had better wait till to-morrow morning, and see what turned up, and I went straight home—I did not go back to work any more that day—I told my landlady about it—on the Thursday morning Newman came round to my place, as I was coming out to dinner, about 1 o'clock—he was waiting outside for me, and he asked me if I would go to his solicitor—I said I would—I did not know what to do—he told me that I was to say to the solicitor that Grimley had asked me to ask Jarvis if he could get rid of any feathers, and that Newman told him to be honest; he told me to say that I had never seen any feathers there, or ever took any—he said if he got off he would give me 10l.—I went with Newman to his solicitor, Mr. Chapman—I saw the clerk—I made a statement which the gentleman wrote down; Newman was there at the time—it was all written down at one time; there were two or three pages—I signed it—I was there about an hour—Mr. Newman then told me to go round to Mrs. Newman and tell her that I had been—he said I could make a home there, and I stayed there till Monday night, the 9th—my cousin then came and fetched me—I paid 3s. 5d. for the previous Sunday Monday, Tuesday, and Wednesday morning—I did not pay anything from the Thursday to the Monday—I was afterwards called again at the police-court on the Wednesday, and I was asked about the interview at the solicitor's—I then gave evidence on oath—at that time Newman was in custody—what I stated on oath was true—what I stated at the solicitor's office was not true.
Cross-examined. I was four months in Mr. Saillard's employ—I discharged myself on the Friday—one of the chaps said I was larking about, and I got dismissed on the Wednesday, before the week was up—before that I had been employed at Pelham Black's, a match factory at Stratford—I was discharged from there because I was not scholar enough; I had been there two years—before that I was at a printer's in Clerkenwell—I left there to better myself at Pelham Black's—I never stole anything there, nor at the match factory; the first thing I stole was the feathers—until I got to taking my dinner at Newman's I was a perfectly honest boy, I never stole anything—I don't say I have not told a falsehood sometimes—it was the day after I left Saillard's that Newman suggested my stealing the feathers—he asked me to ask Grimley—I did steal one string of feathers; Newman asked me to do it—it was night time when he spoke to me; when I had done work—it was then he suggested stealing the feathers—I at once said I would do so—I stole them, and got the money for them—I only took him one string that I took myself, and one string that Grimley gave me to take—I don't know the date that I took the string myself; it was about eight weeks ago; about a fortnight before Grimley was in custody—that was the only time I saw Newman himself about the feathers—I have been in the shop with Grimley, but I did not see him hand the feathers over—I was about a month in the service with
Grimley—he and I had never been engaged in stealing before—I did not know whether he would be willing to steal—after Newman spoke to me I said to Grimley, "I have been told if you can get a string of feathers some one will buy them of you," and he brought me the feathers in about five minutes—that was the string I took to Newman—Grimley's subsequent transactions were with Newman himself—he always shared the money with me—after I had given my statement at Guildhall, I went to Newman and told him that the detectives had fetched me away from my employment, and I had to go up to Moor Lane and Guildhall—I think I saw the two girls and Mrs. Newman first, and Newman came in while I was waiting there—I did not say to one of the girls that I had been to Guild-hall to make a statement which was not true; that was what Newman told me to say to his solicitor—it was on the Thursday that I went to Mr. Chapman's; that would be the next day after I went to Newman's—the statement I made to the solicitor was entirely untrue, a pack of lies from beginning to end—I told the truth at the police-court, and I am telling the truth to-day—Mr. Chapman's clerk took down the statement from my lips, read it over, and I signed it—I knew it was all untrue—I signed it because Newman told me just what to say—I thought I should get him off at that time—I do not remember being in the coffee shop one day before Grimley was taken, and his saying, "He won't buy them"—it was never said in my presence; nor did I answer, "Bill, if we get into trouble, we will blame b——old Newman for it;" that was what Newman told me to say—I did not say to Mrs. Newman that what I had said at Guildhall was untrue, and that I was very sorry for it—I never took any feathers to any place in Houndsditch, or said that the people there were very desperate people, and I was afraid we should be corpsed—that was what Newman told me to say—I had used his house about a fortnight before I was discharged from the prosecutor's service.
CALEB JARVIS . I live in Lansdown Road, Leytonstone—I am not in any employment now; I was formerly in the employment of Mr. Saillard—I left about the same time as Fisher—I am going on for 17—after I left I went to Newman's coffee-shop—I had been in the habit of going there before I left—on one occasion, about three or four weeks after I left, Newman said to me, "Ask Grimley if he can get me any feathers, and I will buy them of him"—I said, "I will ask him," and I did, and I afterwards saw some feathers given to Newman at his coffee-shop by Grimley—I can't say exactly what day it was; I think it was about three weeks after I had left Saillard's—they were ostrich feathers, tied up in a long string, I don't know how many—I saw that once or twice, and I saw Newman give him some money—the last time I saw it was I think the week before Grimley was taken—I knew where the feathers came from—I never took any, nor did I have any of the money—I have seen Fisher at Newman's; I never saw him with any feathers—I was sent for, and gave evidence at Guildhall—after that, I think on the Wednesday, Fisher came and told me that Newman wanted me, and Newman asked me to go to his solicitors to tell them that it was all false—he said, "Tell them you were frightened into telling lies by the constables"—he took me to his solicitors, and told me what to say—he was in the room at the time—I made a statement to the solicitor; it was false—the evidence I gave before the Magistrate was true.
Cross-examined. He told me in the coffee-shop what to say, and then took me to the solicitors—I told the police the truth, but Newman put me
up to telling lies—I saw Grimley hand the feathers over to Newman—I did not go into the shop with him—it was in the night time—I was not with them; they never knew I was there—I was in the passage next door—there is a glass window—I saw feathers pass two or three times.
GEORGE MUNN . I am in the service of Mr. Saillard—on the 3rd May I and Grimley were working together—I noticed a feather sticking out of his shirt—I spoke to the manager about it—I afterwards watched Grimley's box, and found that the feathers had been put behind there—no one had been there in the meantime.
JOHN FREDERICK WILLIAMS . I am manager to Mr. Philip Saillard, feather manufacturer, 85, Aldersgate Street—these three lads were in our employment—on the 3rd May my attention was called to Grimley, and I spoke to him on the subject—some feathers were afterwards brought to me from behind his box—feathers are usually taken into a room below to be beaten, to get the starch out of them—the pith is taken out, and they are strung together, from 25 to 40 each—all these lads had access to them—Grimley had the opportunity of taking feathers away—they are easily put under the clothes in small quantities—the feathers found behind Grimley's box are worth about 4s. each; the average of those in Court would be about 3s.—we have missed quite 1,000 of these in two or three months.
Cross-examined. These feathers were damped, not ready dreased for wearing—there are several places in London where the process could be completed—they are saleable in this state, but not fit to wear.
GEORGE EDWARD JACOBS (City Policeman 195). I took Grimley into custody on 3rd May—on the following morning he was taken before the Alderman—on that occasion George Fisher was there, and he made a statement, not on oath, which he signed—there was then a remand till the llth—Newman was subpoenæd to attend at Guildhall Police-court, and Fisher made his statement on oath—Newman was then charged with receiving—I had seen Fisher in the meantime—I saw him at the police-court on the 4th—I also saw Jarvis on the same day; they both made statements to me.
Cross-examined. Newman attended as a witness at the police-court, and he was then charged—Grimley stated to Mr. Saillard that it was the first time he had stolen any feathers; that was when he was given into custody.
Re-examined. He afterwards said it was not true; that he had taken five or six lots, but he was not certain how many.
Witnesses for the Defence.
MARY SAPSFORD . I live at 11A, Hare Court, Aldersgate Street, the prisoner's house; I am servant there—I wait in the coffee-shop, and all over the house—I knew these boys by their coming there to dinner—I knew that they worked for Messrs. Saillard—about four or five weeks ago, when I was clearing the table, I heard Fisher say to Grimley "He will not buy them, and if we ever get copped we will blame b——old Newman for them"—I told my fellow-servant, Ann Judge—I never told anybody else, only when I went with Mr. Newman to the solicitors—I heard on the Monday night that Grimley was taken into custody—on the Wednesday Fisher came into the coffee-shop and began crying; Mr. Newman was out at the time; he had gone for the dripping—Mrs. Newman and Judge asked him what was the matter; he said that the detectives took him to Guildhall, and he kept telling the truth, and
they would not believe him, and they made him make a statement—Mrs. Newman said, "Wait till Mr. Newman comes in;" and when he came in he said, "Well, George, what is the matter?" he said he had been up to Guildhall and made a statement; he said, "If that is the case we will get a solicitor;" Fisher said, "I am willing to come with you to alter my statement;" Mr. Newman said, "Well, if you are in the same mind tomorrow as you are now you can come to-morrow," and he came on the Thursday, at half-past 1, at dinner time, and went with Mr. Newman.
Cross-examined. It was about five or six weeks ago that I heard this conversation with Fisher and Grimley, in the shop, having their dinner—I came away directly I heard it—they were always outside the door whispering together—I did not know what they meant by "he will not buy them"—I did not know it meant feathers—I did not know what "copped" meant; I knew it meant caught—I never mentioned it to Mr. or Mrs. Newman—Grimley did not sleep there on the Thursday night, Mr. Newman would not have him there all night; he never had any bed; he slept on one of the shop tables, because Mrs. Newman could not get him out: we had no bed for him—I know that he remained there till the Monday, but he paid his bill on the Saturday night to Mr. Newman—he was only there about two or three nights, I don't know what he did, he either sat on the seat or laid on the table.
Re-examined. I went to bed—I never saw any feathers there—Thursday was the first night he slept there.
By the COURT. There is a passage next door; it is all one house; there is a lavatory there.
ANN JUDGE . I am fellow-servant of the last witness, and in the employ of the prisoner—I serve in the coffee-shop—about five or six weeks ago Sapsford told me something she had overheard—I told her not to say anything to Mrs. Newman, because it would upset her—on the Wednesday after, Fisher came in and went to the last table in the shop, and was crying—Mrs. Newman and I and Sapsford were there—Mr. Newman had gone for the dripping—we asked Fisher what was the matter—he said that two detectives had come to his shop and taken him to Guildhall to make a statement; that he told them the truth over and over again, but they would not believe him, but they so frightened him to make a statement about Mr. Newman which he knew was not true, and he came to tell Mr. Newman he was sorry for what he had done; and when Mr. Newman came in he told him the same—Mr. Newman said, "If that is the case I shall employ a solicitor;" he said, "If you do I am willing to go with you now;" he said, "I won't go now, George, I will go to-morrow, if you like to come then you can"—he came about a quarter-past 10 on Thursday, and called Mr. Newman, and they went away together—I was in Mr. Newman's service the whole of April and May—I never saw any ostrich feathers there.
Cross-examined. I am in the service now.
NEWMAN— GUILTY . Five Years' Penal Servitude.
GRIMLEY—Recommended to mercy by the Jury and Prosecutor. Six Months' Hard Labour.
MR. LEVY Prosecuted; MR. GEOGHEGAN Defended.
NOT GUILTY .
MR. A. B. KELLY Prosecuted; MR. GEOGHEGAN Defended.
SAMUEL POOLEY . I am a carman, of 29 Stanmore Street, Homers Town—on Saturday night, 11th May, about 11, I was walking in St. Pancras Road, when three men came behind me; one got hold of one shoulder, and one the other—they said, "Down with the b——," and I was pulled down to the ground on my back—one of them fell across my face, and hands went into my pockets—I had 17s. 2d. loose in my pocket, I had seen it about 12 minutes before when I was at King's Cross, at the corner of St. Pancras Road—as the men were going away I stuck to one of their legs, but my hold was broken—I called out "Police!"—I recognised the prisoner's face—he got away, and the constable brought him back in about a minute or two; he was one of the three—I missed my 17s. 2d. and the key of my street door—I had had a little more drink that evening than I ought to have had, but I remember what happened.
Cross-examined. I had been over in the Borough to see some friends, and was returning home—I had something to drink with my friends—the last public-house I was in was at King's Cross—I had only been in one public-house that day; that was the Blue-eyed Maid, in the Borough—I had two glasses of ale at the Brewers' Arms, in St. Pancras Road, about 6 o'clock; I then went and did up my horses—I was not the worse for drink then, but I had a glass or two at one place and another—I took out my money to pay for what I had—I don't remember hitting the prisoner on the nose, or hitting any one that night.
HENRY BLAKE (Policeman Y 540). I was on duty in St. Pancras Road about a quarter to 11—I heard cries of "Police" and "Murder"—I ran to the corner, and saw the prosecutor lying on his back, and the prisoner and two others stooping over him—they left him and came towards me; I stepped back in the dark, and as they passed me one of them said "Have you got it?" there was no answer—the second one said "Oh, blind me, have you not got it?" and the prisoner said "Don't stop here"—I was close to him and I caught hold of him by the arms, and said "Hold on, old man"—the other two went away as fast as they could—the prisoner said "What is the matter?" I said "That is just what I want to know; I imagine you know what is the matter across the road"—he said "I have not done nothing; "I said" I did not say you had, but you will have to go across the road"—he said "I shan't"—I said "You will;" he said "I am a hard-working man"—I said "You are a perfect stranger to me, jou will have to go across the road"—I took hold of his arm, and he soon capsized me—I got up and we had a struggle, and then he went down—he then said "Governor, I will take your advice, and I will go across the road," and I said "I don't know what sort of a game you are having, but it is a fine game at present"—he got up on his feet and said "I will tell you the truth; I was walking along the road, and not saying a word to any one, and he hit me a knock on the nose, and I hit him a b——smack and knocked him down; he is a big man"—I
took him up to the prosecutor, and he said "You vagabond; constable, this man has robbed me and the other two of 17s., and here is my pocket," and he showed me his pocket—the prisoner said "No, you have made a mistake, I have never seen you before;" the prosecutor said "Yes, you caught hold of me behind"—the prisoner said "Well, look here, I will give you 17s. if you want 17s.; I never robbed you, man; if I give you 17s. what will you do with me?"—I said "You will have to come to the station with me, and if he has the money you shall have it"—at the station the prosecutor said "If he has 17s. you will find it in his pocket;" he said "I have 30s., but not a halfpenny belonging to you"—I felt that he had money in his hand—another constable kept hold of him, but he slipped the money into, his pocket—I searched it, and found 12s. 6d. in silver and 1s. 4 1/2 d. in bronze, and some of the silver shows that it has been scrambled on the ground.
Cross-examined. A sixpence had some dirt on it—I did not see the money in his hand; I felt something hard in it—he had his hand clenched—he never opened it—I did not find a doorkey on him—the prosecutor was not sober, he was three-parts drunk.
GUILTY . He also PLEADED GUILTY to a previous conviction.**— Five Years' Penal Servitude.
NEW COURT.—Tuesday, May 24th, 1881.
Before Mr. Common Serjeant.
534. CHARLES MAPLES (40) PLEADED GUILTY to unlawfully obtaining by false pretences, several cases of surgical instruments, of Charles Mann, and four ivory brushes and other articles of Robert Hovenden and others. He was further charged with a previous conviction at Westminster.
MR. F. H. LEWIS Prosecuted.
GEOERE CHESTERTON . I am a warder of Coldbath Fields Prison—the prisoner was delivered into my custody there, and was imprisoned for six months—I have not the slightest doubt he is the man—I produce a certificate of his conviction—I saw him several times, but not day by day.
ROBERT OUTRAM (City Detective Sergeant). The prisoner spoke to me about his conviction—he said "I think you might have left out about my previous conviction after giving you the information about the property."
GUILTY.— Five Years' Penal Servitude.
MR. ROMIEU Prosecuted; MR. WILLES defended Welch.
JOHN BAYLIS . I am foreman of the orange porters' gang—on 5th May I was discharging the ship Sabrina; her cargo was Valencia and Malaga oranges—we took some to Keeling and Hunt's, 9, Pudding Lane, some to J. J. Adams, 11, Pudding Lane, and some to Neill and Grant, 30, Pudding Lane—I am responsible for the oranges in transit—I went to the police-station the next day, and three barrels of oranges were shown me, which I identified, and in one of them was the head of one of the cases with straw, to represent fish; you would not have known it from a barrel of herrings—I identified the boxes by a chalk mark.
Cross-examined. Other ships unloaded oranges that day, but not of that
quality—100 men were, I dare say, unloading—I identify the ship marks, and if the oranges were put on a table I could pick them out—they are not here, it is three weeks ago, and they would not keep.
HENRY COSTIN (City Policeman 719). I received instructions from Baylis on 5th May, and went next morning, shortly after 7, to Pudding Lane, and at a quarter to 8 I saw the prisoners and a man not in custody come up to the Bell gateway wheeling a barrow—Welch and the man not in custody left Prose with the barrow, and went down the gateway into Messrs. Nash and Jack's warehouse, and came out in a few minutes, each carrying a fish barrel on his back made up with straw on the top, to represent barrels of fresh herrings, and bearing Nash and Jack's mark—they put them on to the barrow, and Pross went down the gateway again, and brought a third fish barrel out and put it on the barrow, and the prisoners wheeled it away—the other man, who I know, went on to the wharf again—I followed the prisoners into King William Street, where I stopped Welch, and asked him what he had apt in the barrels; he said "I don't know, some man asked me to push the barrow up the hill for him"—I asked Pross what he had got in the barrels—he said" I don't know, some man asked me to take three barrels to Leather Lane and he would give me 18d.?"—I put my hand in the barrels, and found they contained oranges—I produced a sample of them at the police-court—we took the prisoners to the station—I went to Nash and Jack's warehouse, and found secreted on the first floor on a lot of empty fish trunks an empty orange box marked "R. R.," which Mr. Shelley identified—I know the prisoners by sight—Welch was occasionally employed there—he was not one of the gang, but he worked for the gang, for the firm—Nash and Jack do not deal in oranges—the lid of one of the boxes, marked "F. P.," was put into one of the barrels.
JAMES TWICKETT . I am warehouseman to Keeling and Hunt—on 6th May we were receiving oranges from the ship Sabrina—they were portered by the orange porters' gang—the boxes were marked "F. P."—the bill of lading was for 119 boxes, and we only received 118—they were Malagas and Valencias—I saw two barrels and a half of oranges at the station, one of which was marked "F. P.," and contained Malaga oranges, and I have no doubt those which we missed—we were actually two boxes short by that ship; the other was marked "K. K.," which I have not traced—the two and a half barrels contained 800 or 900 oranges, hardly sufficient for three boxes—I have seen Welch carrying oranges, and I think for this gang.
Cross-examined. He was a casual labourer at the waterside, ready to pick up any job.
JOHN SHELLEY . I am foreman to Messrs. Adams, orange merchants—on 5th May we were removing oranges from the Sabrina, which were being delivered by the orange porters' gang—the boxes were marked "B. B."—we received one box short—a box marked "R. R." was brought to me, and I identified it.
The Prisoners' statements before the Magistrate. West says: "The man who is not here, engaged me to carry out two barrels." Pross says: "I was standing in Love Lane, and a man engaged me to go from the Bell to Leather Lane with two barrels for eighteenpence. When I got there Welch brought one barrow, and another man another barrel. I objected to take the three barrels for the price I had engaged to take two for, and he said 'All right."
NOT GUILTY .
MR. RAVEN Prosecuted; MR. WILLES Defended.
WILLIAM HENRY WORSLEY . I am a hackney carriage driver, badge 11937, and live at 40, Harrison Street, Gray's Inn Road—on Saturday night, 14th May, about 11.50, I was with my cab at the corner of Tonbridge Street, Euston Road—I went into a public-house for two seconds, and when I came out I saw the prisoner driving my cab away—I ran after him, but could not catch, him—I called another cab, and stood on the springs and followed him to Barnsbury Road, nearly two miles—I jumped down, and he let the horse and cab go—I caught hold of him, and he threw away this badge, 6659—I know him by sight driving a cab—he was sober—the horse and cab are worth about 45l.—it is a hansom belong to Mr. Robins; I am only the driver.
Cross-examined. There was another man inside the house—there are a lot of compartments—it stands back from the road, and there is a piece of waste land in front.
LABAN OARDY . I am driver of hansom cab 5944—on Saturday night, 14th May, Worsley hailed me in Hunter Street as my horse was trotting along; he jumped up behind—I had no fare—I had seen a cab pass very fast, and in consequence of what he said I followed it about two miles—the driver was whipping his horse, and I called to him, but he did not stop—my wheel came in contact with, his, and he then jumped down, and Worsley jumped off the spring and took hold of him, and the horse and cab went on without a driver—the prisoner wanted to know what he was being held for—I said, "For stealing a cab"—he said, "I am innocent;—I was in close contact with him, and I think I should have smelt him if he had been drinking.
Cross-examined. I caught him because I had the best horse.
JOSEPH OUGH (Policeman G 232). I was on duty in Penton Street, Clerkenwell, about 12 o'clock and saw the prisoner driving a cab at the rate of about 15 miles an hour; he was whipping the horse, and driving as fast as he could—I halloed to him, but he did not stop—a hansom cab was following 400 or 500 yards behind him, and when I got up Cardy had the prisoner on the pavement—he was charged with stealing the cab—this badge was given to me—the prisoner did not speak—he was sober, I think—I got inside the cab with him, and he did not smell of spirits.
The Prisoner's Statement before the Magistrate was that a man treated him to drink, said that the cab was his, asked him to take a drive, and gave him his badge; that the other cab ran him down, and he was given in custody.
GUILTY .— Twelve Months' Hard Labour.
FOURTH COURT.—Tuesday, May 24th, 1881.
Before Robert Malcolm Kerr, Esquire.
He pleaded NOT GUILTY, and further pleaded AUTREFOIS ACQUIT. The certificate of his acquittal being read, the prisoner was found
NOT GUILTY .
MR. DUFF Prosecuted.
WILLIAM COOK . I am a sadler, of 16, Little Guilford Street—on the 12th May the prisoner came to me and said he had two sets of harness to sell—I asked him about it, and he gave me the address, 17, Devonshire Street, Theobald's Road—I did not buy the harness—I made inquiries at the address given, and found nobody who knew anything about it—I communicated with the police—I have known the prisoner some time.
Cross-examined by the Prisoner. I have known you two years—I never knew anything about your character.
HENRY PALMER . I am a butcher, of 21, New Street, Covent Garden—I produce a complete set of harness, and a set without reins—I had missed it with other property—about the 9th May I found the two panels in the partition between my two stables and the door of my dwelling-house had received violence—the price of the goods missing, including two driving lamps, would be 30l.—the stables are one building; no one could get into them without breaking into the house.
WILLIAM WEBDALE (Policeman E 273). On 12th May, about 7.15,1 kept observation on the shop in Little Guilford Street—the prisoner came; I followed him with another constable—I asked him several questions about the harness; I told him I should take him into custody for stealing it—he said he did not steal it, it was given to him by some man in the neighbourhood of Theobald's Road, and took it to Mr. Cook's to sell, but he did not know the man.
Prisoner's Defence. I am perfectly innocent.
NOT GUILTY .
MR. DUFF Prosecuted.
JOHN DAMPIER (policeman E 274). On the evening of the 12th May I went to Mr. Cook's shop from Mr. Thacker's—Mr. Cook told me about the harness—the prisoner came in—I asked him where he got the harness from—he said, "A man you will find at 17, Devonshire Street, Theobald's Road, gave it to me"—I went there—no one there knew anything about it.
The Prisoner's Defence. The person who gave me the harness said he lived at 17, Devonshire Street.
NOT GUILTY .
MR. DUFF Prosecuted; MR. FRITH defended Allen.
JOHN MAYNARD . On the 7th inst. I was taking my daughter home from my sister-in-law's—in Wilkins Street I waited to light my pipe—my daughter went on—she was dragged across the road—I found her lying on the kerb by a lamp, with Redhead's arm round her waist—Redhead knocked me down, and all of them came on the top of me—they knocked my hat off—one of them said, "We don't want his hat, we want his ring"—one of them held my hand and another took the ring—my
finger was bitten—I identify Bedhead as the one who knocked me down.
Cross-examined by MR. FRITH. Redhead took the ring, Brown held my hand—the ring was not loose—it is my wife's—I had no power to defend myself—I did not say a word to the constable about losing my ring because the prisoners were not apprehended—I did tell the inspector about it at the station—I gave evidence on the 7th May, and again on the 9th—I missed my ring on the night of the occurrence—I did not speak of it on the 7th because Bedhead was not apprehended—nobody was looking on because it was late at night—I never said, "Kick him"—they kicked me.
CHARLES MILLER (Police Sergeant). In consequence of information I received, I apprehended Bedhead on the 7th inst. at a lodging-house in the Prince of Wales's Boad, called the Grafton Chambers—I told him I should take him for an assault on Mr. Maynard, and taking his ring from his finger—I apprehended Brown at Hounslow on the 13th—he said, "I was there with Allen; Bedhead caught hold of the girl; she smacked his face, then he threw her down, her father came to her assistance, and he struck him; but if Bedhead stole the ring I know nothing about it, but stood by and did nothing."
Cross-examined by MR. FRITH. The prosecutor first mentioned about stealing the ring when Allen was charged with an indecent assault—when he was asked why he did not mention it before, he said, "Because Allen did not take any part in stealing the ring."
ELLEN MAYNARD . On the morning of the 7th inst. I was going home with my father—one of the prisoners threw me down—father came up and asked me what they were doing—one of the prisoners gave father a violent blow—I halloæd out "Police!" and the prisoners ran away.
Cross-examined by MR. FRITH. My father did not say anything to the inspector about losing his ring because he had his finger bit—Allen took no part in the robbery.
Redhead's Defence. All Maynard says is false; I knocked up against his daughter, she smacked my face, and called her father; he collared me and we both fell in the road together—I did not take the ring or anything.
Brown's Defence, It is all false; I never went near one of them.
Witness for Brown.
REDHEAD— GUILTY *. He also PLEADED GUILTY to a conviction of felony in December, 1878, at Middlesex Sessions.— Five Years' Penal Servitude.
BROWN and ALLEN GUILTY .— Eighteen Months' Hard Labour each.
OLD COURT.—Wednesday, May 25th, 1881.
Before Lord Chief Justice Coleridge.
541. JOHANN MOST (35) was indicted for unlawfully and maliciously publishing in a newspaper called the Freiheit a libel attempting to justify the crime of assassination and murder. Second Count, with intent to incite persons to conspire against the lives of the Sovereigns of Europe.
Other Counts for encouraging and endeavouring to persuade persons to murder the Sovereigns and Rulers of Europe.
The ATTORNEY-GENERAL, SOLICITOR-GENERAL, MR. A. L. SMITH, and MR. POLAND Prosecuted; MR. A. M. SULLIVAN and MR. COOPER WILLIS Defended.
CHARLES EDWABD MARR . I live at 10, Clare Road Terrace, South Kensington, and am a teacher of languages—on 25th March last I went to 101, Great Titchfield Street—I passed through the house and was directed to an office at the back of the yard—I there purchased four copies of the Freiheit newspaper of 19th March—I produce one of those copies—I recognise it by the initials—I cannot swear to the identity of of the man of whom I bought the copies of the paper—they were delivered to me in the front parlour of the house.
Cross-examined. I am a linguist by profession—I went to this place for the paper because in the course of casual conversation it was spoken of, and especially the first article in it, both exciting my curiosity—they were spoken of to me by a friend of mine—I decline to give names—I was not sent by the parties who are really responsible for the article—I bought the four copies—I read the article—it was not sympathy with the article that took me there, it was a natural curiosity arising from the fact that I had lived a long time in Russia for one thing, and that I had lived a long time in Germany for another—when I read the article I enclosed a copy of it to a Member of Parliament (Lord George Hamilton), and asked him to inquire of the Government whether proceedings would not be taken in the case—on reading the article I was very much disgusted both with the tenour of it and the tendency, and from this disgust and other considerations I felt a strong impulse to come forward and volunteer my evidence.
PHILIP JOSEPH HALL . I am a commission agent, and carry on business at No. 2, Well Court, in the Minories—I have been in the habit of selling copies of the German newspaper called the Freiheit—I first of all purchased those copies from an office in Percy Street, then afterwards at Rose Street, and afterwards at the office of the Freiheit, 101, Titchfield Street—I know the defendant, and I have seen his wife, Mrs. Most—I could not swear exactly to her—I have seen the defendant several times at Percy Street, also at Rose Street; several times I have seen him at Titchfield Street; I have bought some copies of the Freiheit—sometimes Mr. Most used to serve me, and sometimes somebody else used to be there—I bought a number of copies of the Freiheit with the red border round it of 19th March at the office in Titchfield Street—of the first edition I bought, I think it was four or five dozen, but of the second edition I could not get sufficient—I had an order for more than I could get—I think I bought two or three dozen of the second edition—I sold all those, and could have sold a great many more if I had them—I sold them in the ordinary way of business to my regular customers—I think they generally used to make a second edition of the red border—that used to come out every year upon the nominal day of the Revolution of 1848, of which I used to be a member—there had been no previous copy with a red border round it this year, but last year, on the same date, and every year on the nominal day, the 18th March, the date of the Revolution.
Cross-examined. I do not personally read the Freiheit.
Re-examined. I sold these copies to customers in the ordinary way of
business for the purpose of being read—I don't sell newspapers in the shop; they are ordered from me—I only sell French and German papers—I sell the Freiheit to those who order it from me.
RICHARD ROBERT DAVIS . I am a newsagent, carrying on business at Ludgate Hill, at the corner of the Imperial Arcade—for some years prior to 19th March, 1881, I have had the Freiheit for sale—we received 14 copies per week—I never went to Titchfield Street; I received the copies by post, sold what I could, and what were unsold a collector called for, and I paid the collector—I do not remember how many copies I received on 19th March of this particular number that there was this bother about—they were sold out, and more supplied—there was a greater demand than for others—they were mostly a number of gentlemen who applied for these copies; we usually sell the copies to respectable working men.
HENRY WARD (Policeman). On 29th of last month I went to 101, Great Titchfield Street—I saw the prisoner there—I asked for a copy of the Freiheit of 19th March; I spoke to him in German—he said there were no more of those numbers left, that they had had printed a second edition, but for the sale of the few they might still get rid of it was not worth while printing any more—I told him that I had a friend or some one to whom I should like to give one—he then gave me two printed sheets, which he said contained the leading article, and he supposed that was the principal thing I wanted—this (produced) is one of them—he took them off a pile about four inches in depth on a shelf.
Cross-examined. I was in plain clothes—I spoke German to him; I tried to look as like a German as possible—I asked for a copy of the Freiheit; I told him it was the article with the red border round it—I said, "Will you oblige me with a copy if you have it, as I wish to send it to my friends?"—I wanted to buy it; the friend was a pretence—he then said they were all sold out—I was sorry for that—I did not say I was sorry; I looked it; I put on a regretful countenance—after a little conversation about trifles, he said, "I have got some left; some reprints," and he gave me two of them—the conversation was merely relating to the Freiheit, but not on details that were written in it, because I had not read the Freiheit myself before going into the shop—I had seen no other copy before; I had heard of it—the conversation by which I induced him to give me the copy was that I was very sorry he had not one, as I really wished to send my friend one or two if I could get them, and I could not find out where I could get them now—I had never watched this office of the Freiheit before; I had never seen or heard of the prisoner before—I am a detective, but not on duty in the City of London—I was never sent on this sort of duty before.
Re-examined. I was instructed by my superiors to obtain a copy of this newspaper, for the purposes of justice, whatever they might be—I did not announce myself as an officer—this was a front room of the first floor, and this pile was in the room, and the prisoner took the two copies from it.
HENRY JAMES BALE . I carry on business as a printer in Great Titchfield Street; I am in partnership with my brother there—I know Johann Most, the prisoner, by that name; I have known him two years, I should think—I was originally employed to print the Freiheit by a person of the name of Weber; that was two years ago last Christmas—I knew the prisoner in connection with that newspaper about the time it was first commenced—he
simply came with others in reference to the matter, in the first instance—at first we used to set up the type from the written manuscript, and print—the prisoner has paid me personally for printing the newspaper—he first commenced to do so during the 12 months preceding last Christmas—during the year 1880 we printed 1,200 copies—it was a weekly paper—these are bills made out by me and addressed to Herr Most; they are bills for the printing of the Freiheit newspaper, and other things are included—one is receipted; they are headed at the top, "August 17th, 1880, Herr Most," and then comes the charge—we altered the mode of business and ceased to set up the type at Christmas, 1879, or at the end of the year—the type was then set up in Percy Street, I believe, and afterwards at 101, Great Titchfield Street—the type so set up was brought to us for the purpose of being printed—prior to March, 1881, the prisoner continued his connection with the paper just the same, and continued to pay us—other persons besides the prisoner paid us; various people, at different times, called with the money—I believe I never made out the bills to any one but the prisoner—he himself used personally to come sometimes to pay for the printing of the Freheit—his name appeared originally as editor of the newspaper, upon its face—it was reduced in size and then the name was removed and no other name appeared—Most's name appeared up to the end of 1879, I believe—I printed this article of 19th March—I do not understand German; I did not know its contents; I printed it as it was—I retained a copy; I can tell it by looking at it, because there is a signature upon it—that is the copy—for this copy the type came to us in the usual way from Titchfield Street—we printed two editions; the first numbering 1,200, the usual number, and the second 500, I think—we had printed a second edition before, I think, but not as a usual thing—we had never printed the paper with a red border before this; we had printed one on red paper, and we printed one, with red ink—that slip (produced by police-constable) was not printed by me, but looking at it as a skilled witness I should say it was printed from the same type that was brought to us to print the copies from.
Cross-examined. We saw Weber a good deal about this paper at first during the first twelve months—I can't say whether I saw Weber about it oftener than the prisoner; they came together—I never heard why we were told to remove the prisoner's name from the paper.
Re-examined. Weber has not interfered lately before March in connection with the paper—the prisoner was the person with whom I dealt.
By MR. SULLIVAN. Englehart is a compositor who works for us.
By the ATTORNEY-GENERAL. Englehart never paid us for publishing the paper.
WILLIAM BANGERT . I am the landlord of No. 101, Great Titchfield Street; it is a private house—I know the defendant Herr Most; he lived there—the front parlour on the ground floor was his room—he came to occupy that room two months before Christmas—he paid me the rent, 7s. a week—besides that room there was a workshop in the back yard; it was taken as a printing room by two gentlemen—it was used for printing—I don't know whether the defendant had anything to do with it—Mr. Sleskey, a lodger, paid for it first, but Mr. Most paid afterwards, when he came to my place—it was used for printing a little, while before the defendant came to live at my house, and afterwards when the defendant
came to live there he paid me for the rent of that printing-office 6s. 6d. a week—after that I knew that my house was the publishing office of the Freiheit.
CHARLES HAGAN (Police Inspector). On 30th March, at 4.45 p.m., I went to the house of Most in Titchfield Street—I saw him in the printing-office at the back of the yard—I asked him if he was Johann Most; he said "Yes"—I told him in English that I was an inspector of police, and had a warrant for his arrest—I asked him if he understood English well enough, or if I should read it in German; he said "You had better read it in German," and I did so—he called a man named Martin, a compositor, and made a few observations to him which I did not hear, and then he took what he had out of his pocket and put it on the bench before him—I told him he could not give those things to Martin, he must either place them back in his pocket or I must take possession of them—he left them on the bench, and I took them up—before I read the warrant he said "I expected this, because I see in this morning's paper there is to be a prosecution;" he had a morning paper in his hand—he said this in German—he said "I suppose this is in consequence of my article on the Czar;" I said "Yes, it is"—after I had read the warrant he said "It does not appear from that warrant who is the instigator of this"—I said "The warrant is signed by Sir James Ingham, the chief Magistrate at Bow Street, and I have to execute it, and that is all I know about it"—there was some type there set up ready for printing, and a quantity of loose type—I handed them to the witness Barrett—as I was about removing the type the prisoner said to me "Before you remove those things I beg to draw your attention to the fact that they are not my exclusive property; they belong to an association of persons, of whom I am one"—this piece of paper (produced) was in this small pocket-book, which I took possession of—I then went into the front parlour, and saw some copies of the Freiheit of 19th March found in that room—the prisoner was taken to the station, and asked in the usual way his name and occupation; he said "I am the editor of the Freiheit, and a literary man."
Cross-examined. I am a German—I have been nearly 24 years in the police—I knew the prisoner by sight before I called on him; I had heard of him—I knew by hearsay that he had been connected with the Freheit—I have never looked after a German political refugee—I have no especial knowledge of that description—I did not give him any caution that I should mention anything he said to me—I knew he was a foreigner and a stranger—he knew I was a police-officer; my first words to him were that I was a police inspector, but I gave him no caution as to the answers he might make to my questions—I found an enormous quantity of papers, besides those I have produced, and some loose type—I took possession of that property under the authority of the Director of Criminal Investigation; the warrant I had did not authorise me to seize it—the documents found were handed over to the Director, and sealed up immediately; I saw them sealed—they are sealed still, with the exception of this piece, which the Treasury have taken out; that was in the little purse—I don't know whose handwriting it is, it is evidently not the prisoner's—I never noticed this drawing on the back of it, I can't tell what it is—I did not see a Mr. Hartmann about the office; I never saw him; I was never sent to look after him—the prisoner had the Standard in his hand when he said "I expected this"—since those documents
were handed over to the authorities I have only seen the outside of the envelope, nothing more; they have not been used to my knowledge—they were examined before they were put into the envelope, and a list made of them—I have a copy of that list.
Re-examined. The prisoner knew from the first moment I went to his place of business that I was police-officer, and that I was acting in the execution of my duty upon a warrant—I did not keep that fact from him for one moment; as soon as he came into the office I said "I am an inspector of police"—when I took possession of the type I had no evidence in my possession as to the printing of the newspaper—the loose type was afterwards returned—a good many of the documents consisted of pamphlets and circulars—such documents as were required for the investigation at the police-court were handed over to the officials of the Treasury; the others were placed in the hands of my superior officers—no application has ever been made for the production of them, to my knowledge.
GUSTAV REINICH . I am German master at the King's College School—I have read the article as set out in the indictment, and have also gone carefully through the translation of it with the original—it is a correct translation. Read:
"At last! "Seize on this one, seize on that one, "'Some one, nevertheless, will reach thee.'—C. BEEK.
"Triumph! Triumph! the word of the poet has accomplished itself. One of the most abominable tyrants of Europe, to whom downfall has long since been sworn, and who therefore, in wild revenge breathings, caused innumerable heroes and heroines of the Russian people to be destroyed or imprisoned—the Emperor of Russia is no more. On Sunday last at noon, just as the monster was returning from one of those diversions which are wont to consist of eye-feastings on well-drilled herds of stupid blood-and-iron slaves, and which one calls military reviews, the executioner of the people, who long since pronounced his death sentence, overtook and with vigorous hand struck down the brute. He was once more on the point of drivelling about the 'God's finger,' which had nearly saved his accursed life, when the fist of the people stopped his mouth for ever. One of those daring young men whom the social revolutionary movement of Russia brought forth, Risakoff—with reverence we pronounce his name—had thrown under the despot's carriage a dynamite bomb, which effected a great devastation on the conveyance and the immediate neighbourhood, yet left the crowned murderer to pray uninjured. Michaelovitch, a princely general, and others at once fell upon the noble executor of the people's will. The latter, however, with one hand brandishes a dagger against the autocrat's face, and with the other hand guides the barrel of a revolver against the breast of the same. In an instant he is disarmed, and the belaced, betufted, and by corruption eaten through and through retinue of the Emperor breathe again on account of the supposed averted danger. There flies a new bomb neat this time. It falls down at the despot's feet, shatters for him the legs, rips open for him the belly, and causes among the surrounding military and civil Cossacks numerous wounds and annihilations. The personages of the scene are as if paralysed, only the energetic bomb-thrower does not lose his presence of mind, and is able safely to fly. The Emperor, however, is dragged to his palace, where yet for an hour and a half he is able, amid horrible sufferings, to meditate on his life full of crimes. At last he died. This in reference to the simple state of facts. Instantly the telegraph wires played up to the remotest corners of the earth to make the occurrence known to the whole world. The effect of this publication was as various as it was drastic. Like a thunderclap it penetrated into princely palaces, where dwell those crims-beladen abortions of every profligacy who long since nave earned a similar fate a thousandfold. For three years past has many a shot whistled by the ears of these monsters without harming them. Always and always again could they indemnify themselves in princely fashion for the fright endured by executions and regulations of the masses of all kinds. Nay, just in the most recent period they whispered with gratification in each other's ears that all
danger was over, because the most energetic of all tyrant haters—the 'Russian Nihilists '—had been successfully exterminated to the last member.
"Then comes such a hit! William, Prince of Prussia, the now Protestant Pope and soldier Emperor of Germany, got convulsions in due form from the excitement. Like things happened at other Courts. Howling and gnashing of teeth prevailed in every residence. But the other rabble, too, which in the other various countries pulls the wires of the Government mechanism of the ruling classes, experienced a powerful moral headache and melted in tears of condolence, whether it consisted merely of head lackeys on the steps of an Imperial throne or of Republican bandits of order of the first class. The whimpering was no less in France, Switzerland, and America than in Montenegro or Greece. A Gambetta carried through the adjournment of the Chambers, and thereby put an insult on France from which even Austria was saved by the then President of the Reichsrath. Public opinion is startled, and seeks in vain for the reasons of such a miserable attitude. One thinks of diplomatic motives and the like, but one misses the mark. Much, perhaps, may indeed have contributed here snd there which resembles mere political hypocrisy. In the main the grounds lie deeper. The supporters of the ruling classes see just in the destruction of an autocrat which has taken place more than the mere act of homicide itself. They are face to face with a successful attack upon authority as such. At the same time they all know that every success has wonderful power, not only of instilling respect, but also of inciting to imitation. From Constantinople to Washington they simply tremble for their long since forfeited heads. This fright is a high enjoyment for us; just as we have heard with the most joyful feelings of the heroic deed of those social revolutionaries of St. Petersburg who slaughtered the tyrant on Sunday last. In this time of the most general humility and woe, at a period when in many countries old women only and little children yet limp about the political stage with tears in their eyes, with the most loathsome fear in their bosoms of the castigating rod of the State night-watchman, now, when real heroes have become so scarce, such has the same effect on better natures as a refreshing storm. Let some say behind our backs we are carrying on a 'game with Nihilists'; let others blame us as cynical or brutal; yet we know that in expressing our joy at the successful deed we were disclosing not only our own feelings, but were also giving utterance to what millions of men, down-trodden and tyrannised over, thought with us when they read of the execution of Alexander. To be sure it will happen once and again that here and there even Socialists start up who, without that any one asks them, assert that they for their part abominate regicide, because such an one after all does no good, and because they are combating not persons, but institutions. This sophistry is so gross that it may be confuted in a single sentence. It is clear—namely, even to a mere political tyro, that State and social institutions cannot be got rid of until one has overcome the persons who wish to maintain the same. With mere philosophy you cannot so much as drive a sparrow from a cherry-tree any more than bees are rid of their drones by simple humming. On the other hand, it is altogether false that the destruction of a Prince is entirely without value because a substitute appointed beforehand forthwith takes his place. What one might in any case complain of is only the rarity of so-called tyrannicide. If only a single crowned wretch were disposed of every month, in a short time it should afford no one gratification henceforward still to play the monarch. Moreover, it is certainly a satisfaction for every right-thinking man when such a capital criminal is done away with—i.e., is punished according to his evil deeds. It does not occur to the jurists of civil society to hang no murderer or to lock up no thief because it is proved that these punishments do not remove murder and theft (both institutions of this society) out of the world. When one has entirely to do with such a subject as Alexander Romanow was, then one must accept his destruction with double satisfaction. If one could believe newspaper writers, then one must, according to their chatter, take it that the exterminated Czar was a real pattern of benevolence. The facts prove that he belonged to the worst doers of abominations that have ever disgraced humanity. Some 100,000 men were banished to Siberia during his reign, dozens were hanged after they had suffered the cruellest tortures. All these victims the Russian Crown Moloch claimed only because those concerned were striving for the improvement of society, wishing for the general welfare, perhaps had only passed on a single forbidden book, or written one letter in which a censure on the Government was expressed. Out of the war abominations which this tyrant conjured up we take but one scene from the last Turkish war. Alexander was celebrating his name-day, and wished a warlike spectacle. He ordered a storming of Plevna. The generals ventured to call to mind that such an one would not only fail, but would cost an enormous number of men. In vain! The order stood good, and in order
to witness the slaughter with more gratification the tyrant caused a special stand with a kind of Imperial box to be erected for himself, whence he might watch the storring without himself falling into danger. The result corresponded with the predictions of the generals. The storming was repulsed, and 8,000 dead and wounded covered the ground outside the walls of Plevna. But the 'little father', as the despot by preference caused himself to be called, had amused himself cannibalistically. All petitions, all wishes for the introduction of ever so slight reforms which were almost daily laid at his feet, he only answered by fresh meannesses of an Asiatic Government barbarism. Genuine dragonades followed every warning or threat, attempted but unsuccessful attacks on his person increased his baseness to the monstrous. Who is scoundrel enough really to bewail the death of such a beast? But it is said, 'Will the successor of the smashed one do any better than he did? We know it not. But this we do know, that the same can hardly be permitted to reign long if he only steps in his father's footsteps. Yes, we could actually wish that it should so happen, for we hate the hypocritical, mock-liberal monarchs no less than the despots sans phrase,' because the former perhaps have still greater power of retarding the development of civilisation than the latter. In addition, the persistence of the new Czar in the old principle of government must forthwith double and treble its enemies, because in Russia there are a number of people of that sort which has believed in the Crown-Prince legend usual in all countries, and at all times, according to which the successor spoken of only awaits the moment when he may be able to pour over the people a whole horn of plenty, full of blessings. All these enthusiasts are forthwith converted when they see that the new ukases smell as much of Russian leather as the old. Meanwhile be this as it may, the throw was good, and we hope that it was not the last May the bold deed, which—we repeat it—has our full sympathy, inspire revolutionists far and wide with fresh courage. Let all think of Herwegh's words—
" 'And where tyrants still exist " 'Then let us boldly seize them, " 'We have loved long enough, " 'And we wish at last to hate.' "
The following is also a correct translation:—
"The Social Revolutionary adherents of Most (it should be "advanced Socialists") have appointed for their next task to prepare, by the institution of widely-ramified and secret groups and clubs, limited to determined persons, acts of violence, according to the model of the Nihilists, against the representatives of State and social order, through the execution of which the universal revolution is to be introduced." I have looked at this piece of paper produced from the pocket-book—this is a correct translation, "Trieste is a safe address for the storage of dynamite"—at the top and at the end of the paper the prisoner's name appears, with the address, "Printed and published at 101, Great Titchfield Street, Oxford Street, W."
Cross-examined. The words commencing "The Social Revolutionary followers of Most," &c. appear to be an extract from a memorandum of the Government, as it is in inverted commas.
This being the case for the prosecution, MR. SULLIVAN submitted that as to the first two counts of the indictment, which were common law counts, they could not be supported, as the common law was intended to apply only to offences against the Queen's peace, and committed within this realm. The LORD CHIEF JUSTICE overruling this objection, MR. SULLIVAN further submitted that the Statute 2s. and 25 Vic. c. 100, See. 4, under which the other counts were framed, did not apply to such a case as the present; that it only applied to a personal encouraging and persuading by one individual to another, and not to what he characterised as general newspaper invective. The ATTORNEY-GENERAL contended that the words of the section must be read in connection with the ordinary statutory rule that the singular included the plural, and that the general publication of such an article as the present
was a clear inciting and endeavouring to persuade to the commission of the crime of murder. The LORD CHIEF JUSTICE entertaining some doubt as to the latter point raised, would, if necessary, reserve it for the consideration of the Court for Crown Cases Reserved.
GUILTY. Recommended to mercy by the Jury in consideration of this being the first paper of his which had such matter in it, and being a foreigner, and probably smarting under some wrong, real or imaginary. — Judgment Reserved.
NEW COURT.—Wednesday, May 25th, 1881.
Before Mr. Justice Field.
MR. BESLEY Prosecuted.
GUILTY — Eight Months' Hard Labour.
MR. BESLEY offered no evidence.
NOT GUILTY .
Mr. HORACE AVORY, forth Prosecution, offered no evidence on this indictment, but upon a second charge, for indecently assaulting the same child, the Jury found the prisoner
GUILTY .— Nine Months' Hard Labour.
FOURTH COURT.—Wednesday, May 25th, 1881.
Before Mr. Common Serjeant.
JOHN HENNESSEY . I live at 65, Shepherdess Walk—in January, 1880, I was foreman to Mr. George Gordon, who carries on business at No. 70—at the end of January the prisoner called there and gave me an order for a suit of clothes at 4l. 4s.—he said he would call on the following Thursday for them—he called the following Wednesday—part of them were ready—he then ordered an overcoat for 3l. 3s.—the next day he called again for the suit, and wanted to take them away—he said he would pay for them when he called for the overcoat—I refused—he said, "As you won't trust me I will trust you," so he paid me for the overcoat as well as for the suit with this cheque (produced, dated 12th February, 1880, for 7l. 7s. on the London and County Bank, Watford Branch, signed Charles Ford, and marked "Account closed)"—I was refused payment at the bank—I had my doubts, but I let him have the suit of clothes because Mr. Gordon sanctioned it.
Cross-examined by the Prisoner. You did not ask me to keep the cheque till you fetched the overcoat.
as a customer—I had changed cheques for him—on 29th November he bought some cheese and bacon for 16s.—he gave me this cheque for 9l. 4s. (A similar cheque, dated 29th November)—he told me to send the goods to 5, Loftus Road; I had sent goods there before—I gave him change—a lad came afterwards, and in consequence of what he said I gave him the goods—payment of the cheque was refused—I inquired and found he had left his address six weeks before—I believed the cheque to be genuine.
Cross-examined. I changed two cheques before for you—you left them till they were cashed—they were correct.
WILLIAM PARKER . I am a clerk at the Watford branch of the London and County Bank—the prisoner opened an account there in the name of Charles Ford on the 9th October, 1879, with one sum of 175l.—that was the only sum paid in—the last cheque for 1l. was paid out November 28th of the same year, leaving a balance of 5d.—I produce a statement of account—his account was closed by our letter of September 30th; it was returned to us from the dead letter office marked "no address."
Cross-examined. A pass book was made out for you, but you never called for it—several cheques were drawn and returned unpaid.
HENRY BUDGE . I live at 1, Queen's Gate Place Mews; I am a coachman—the beginning of December, 1879, I saw an advertisement of a beerhouse for sale for 200l., application to be made to Mr. James Fowler, 2, Edgcombe Cottages—I wrote and received a reply—afterwards the prisoner and another man came down to my house in a cab—he asked for Mr. Budge—I said, "I am the man"—he said, "I received a letter from you respecting a beerhouse I have to let; it is one of the most genuine little affairs you could possibly enter into"—he said his name was James Fowler—he asked to speak to me privately—he said, "This man has paid me money for my house"—he called the man Belgium—he said that the man had offered him 180l., but he was a man that had been knocking about the States, and had no reference—as he wanted to improve his property, which, was just left to him by his uncle, he wished to get a spirit licence for the house—he said, "I suppose you have references?"—I said, "Yes; I have 25 years I can show you from a nobleman, a gentleman I have lived with"—he said over again, "Well, this is one of the most genuine little affairs you could possibly meet with"—he said, "I want to do away with this man; if you have no objection to give me 5l. deposit before him in the other room, so that I can have done with him, and he will be satisfied with your taking the house"—I said, "I cannot possibly give you 5l. now; I have only 5l. in the house, and have wages to pay; I can put down 5l. before the man, and you might hold 2l. as a deposit to give me first chance of the house"—I gave him 5l. before the man, and he subsequently returned me 3l.—the man said, "I am sorry you have taken it; it would just have suited me; but I do not mind so much if Mr. Fowler will let me have the other house"—the prisoner made some reply that he would see—I subsequently met the prisoner at Reigate Station, for him to take me over the house—I saw Belgium carrying the prisoner's black bag coming towards the station to meet me—I went with the prisoner to the Railway Tavern—he said, "Those people are drunken people; I should not like you to be insulted; you will just look over the house, and take notice whether the house is a house that would suit you, or one that you should like"—he took me over the house—we then went to the back yard; I saw the landlord, and the prisoner spoke
to the landlady—I heard her say to him he was not to let anybody else see over it—in the back yard he went to the pig-sty—there was blood on the stones, and he said, "There, that will tell you what sort of a fellow he is; he has killed the pigs this morning, but it will make no difference to you; I shall allow you 10l. for them"—there was a horse and fly or carriage to be let with the house, but that was out; I did not see it—we went to the Terminus Hotel at Reigate—he said that was his property, and asked me if I would like that—he said, "You can have this if you like"—I said, "I think this is too much for me; I think the small house would suit me better"—he went as far as the station with me, and I left him—he called at my house a day or two afterwards and arranged that I shonld give him 100l. for the beerhouse—he said I should have to give notice to the superintendent of police at Reigate, so as to get the notice on the church doors to get the spirit licence for the coming March—he said, "I should like to do things in a business sort of way; if you give me another 48l. it will make 50l., and I will draw you an agreement"—he then drew me the agreement produced, and said if I did not like the house in six months' time he would pay me my money again—I paid him the 48l.; the receipt is with the agreement—three weeks afterwards he came to my house and said there was some little hitch, his uncle had sold the lease; he was afraid he could not get the man out on 25th March as he had agreed, but there was another house which would suit me much better than a beerhouse, as there was a little land to it, and it was a spirit house also—I said, "Very well, but we agreed that if either defaulted he should forfeit 50l., but I do not insist upon that"—he afterwards came and said he had bought a house at Horley called the Black Horse—he said, "This is a little gem for you; this house will suit you to a tittle; it will cost 400l.; when can you arrange to come and look at the place?"—a day or two after, I went to look over the house, and he met with a fly at Reigate—I went to Edgcombe Cottages and dined with him—he said his house and the adjoining villas and four public-houses were his as well as private houses—afterwards he drove me to Horley to see the Black Horse—going along he said, "These are queer people we are going to see, Mr. Budge; I should advise you not to have much to say to the man, because I shall have to buy him out; do not let him see you are sweet on the house, as I have bought the property; therefore he must come out, because I won't accept him as a tenant; I have bought it for you"—we went over the house and then came back to Edgcombe Cottages to tea, and he came to London with me and spent the evening—he called a day or two afterwards with a printed inventory—he said, "Will you now pay me another 50l., and you will have nothing to do but take possession on the 25th March; if there is any money you require I will let you have it at two and a half per cent."—I last saw him on 14th February—I next saw him in charge—I got neither public-house—I believed his statement, and on those representations which he made I parted with my money.
Cross-examined. I brought my daughter with me—I showed her over the house—she did not tell me who the house belonged to—you told me it belonged to a party at Croydon—you were going to take me there some time—no agency was mentioned—you sold it to me as your property—one receipt was destroyed; when you gave me another for the 100l. you did not ask for the agreement back—my daughter was with Mrs. Davis,
the landlady, a little time—I had no suspicion—you represented Mrs. Davis to be your housekeeper—the manager went with us over the house—I did not ask him any questions—I liked the house—you lent me 5l. out of the money I paid you—I gave up my bed to you for eight nights, and sat up in a chair—I gave you a dose of essence of turpentine in mistake, and you sent for the doctor, but he laughed, and said it would not hurt you, it was used to catch a tapeworm sometimes—you sent me a fraudulent cheque for 90l.—you borrowed my watch and returned it with a cheque—I am wearing the watch now; the cheque was dishonoured.
AUGUSTUS BROWN . I live at 137, Crescent Row, Plumstead—I know Edgcombe Cottages, Reigate—they were formerly the property of Mr. Cottenham, who died—I am one of his executors, and I hold those cottages in trust for an infant—the prisoner is not the owner, and never had any interest in them.
Cross-examined. I never saw you before, except at Worship Street—I never knew you reside there—I was down there about three years ago.
WILLIAM HARLAND HEBB . I am a solicitor, managing the business of Mr. Rowland, Croydon—I know the Railway Inn at Earlswood—it belonged to Mr. Nalder, of Croydon, since October, 1860—I do not know the prisoner.
RICHARD ROEBOTTOM . I am an auctioneer, of 68, Buckingham Palace Road—the Black Horse at Horley is the property of Mr. Charles Austin Master—it has belonged to him since 1876—I have been his agent since that time—I do not know the prisoner—he is not the freeholder of the house—he never purchased it, nor had any interest in it.
WILLIAM EDWARD RYDER . I am chief constable of Hertford—I know the prisoner in the name of Charles Arthur Head—he was in my custody on 11th March charged with fraud—he was tried at Hertford April Sessions, and convicted—that was in reference to some cheques of Messrs. Sparrow's bank at Bishop's Stortford—I found this cheque upon him belonging to that bank.
Cross-examined. I apprehended you for obtaining 55l. from a lady in the City of London by professing to sell her a beerhouse.
EDWARD WAVELL . I am a druggist, of 10, Caxton Terrace, Shepherd's Bush—I know the prisoner as a customer by the name of Charles Ford—he bought some goods of me in August, 1879—he gave me a cheque, and I paid him the difference in money—the cheque was returned; he said he had had some trouble with the manager of the bank, and gave me the money, and I returned the cheque to him—in December, 1879, he came again and ordered goods for about 23s. 6d.—he gave me this cheque on the Hampshire and North Wilts Bank—he took some of the goods with him, and asked me to send the remainder to Wingate House—the goods were sent—he had never been heard of—I paid him the difference in money—I next saw him in custody—I believed it to be a genuine cheque.
JOHN CLEGG . I am manager of the Capital and Counties Bank—it was formerly styled the Hampshire and North Wilts Banking Company, of Portsmouth—no Charles Bell had an account there, nor Charles Ford—the cheque presented on 6th December was returned by the Bank of England marked "No account."
Cross-examined. You never had an account at the Portsmouth branch—you had one at the Landport branch four or five years ago for about twelve months in the name of Charles Bell.
WILLIAM PEELE (Police Inspector). I have seen some letters in the prisoner's writing, and compared them with these cheques—to the best of my belief they are the same writing—he was taken in custody by Sage on 4th April when he was leaving Manchester Prison.
ROBERT SAGE (Policeman). I apprehended the prisoner at Manchester on a warrant when he was coming out of prison—I read the warrant to him; he said "Very well"—I searched him—he went by the name of John Head—I found on him this cheque-book of Messrs. Sparrow and Tuffnel's Bank, Bishop's Stortford.
Prisoner's Defence. I believed the cheques would be paid—I never said the property belonged to me.
GUILTY *.— Five Years' Penal Servitude.
THIRD COURT.—Wednesday, May 25th, 1881.
Before Mr. Recorder.
546. JOSEPH STEPHEN COLLIER COPSEY (41) , Unlawfully incurring a debt and liability to William Whiteley, to the amount of 417l. 10s. 7d. Other Counts for obtaining goods by false pretences and conspiracy to defraud.
SIR H. S. GIFFARD, Q.C., and MR. J. P. GRAIN Prosecuted; MR. ROBERT
HENRY ALFRED STAGEY . I am Superintendent of Records at the London Bankruptcy Court, and produce the file of proceedings in the liquidation of the prisoner, otherwise known as Joseph Collier—his addresses given in his statement of affairs on the file are 16, Brammerton Street Chelsea, late of 19, Markham Square, Chelsea, and late of 44, Finborough Road, South Kensington—this was filed on 10th June, 1880—there are liabilities shown here of 2,036l. 14s. 4d., and total assets 253l. 6s. 8d.—the fully-secured creditors are W. Crowe, 70, Coleman Street, 50l.; "this creditor holds a bill of sale dated 7th July, 1877, for 30l. and interest, and there is now due thereon with interest 50l."—the sheets are signed by the prisoner—I also find transcripts of short-hand notes on the file of the prisoner's examination on 3rd July, 9th September, 27th September, and 28th September, 1880.
Cross-examined. Mr. Micklethwaite, of Long Acre, appears to be the prisoner's solicitor—if you file a proof there is no occasion for the solicitor to put his name on it—I see here "Mr. Grain, and Counsel, instructed by Messrs. C. O. Humphreys and Son, appeared for Messrs. Whiteley, and Mr. Levy, of Messrs. Mickelthwaite and Co., appeared for Mr. Crowe"—Micklethwaite filed the petition for the prisoner.
CHARLES LEGGATT BARBER . I am one of the official short-hand writers to the Bankruptcy Court—on the 9th September, 27th September, and 28th September, 1880, I took down in short-hand the examination of the prisoner—I have my original notes here, and the transcripts on the file were made by me, and are true and correct. (Read.)
ARTHUR FRANK CHAPPLE . I am a short-hand writer, of 75, Chancery Lane—on the 3rd July I attended at the office of Messrs. Micklethwaite and Co., 3, Long Acre, at the first meeting of creditors, and took shorthand notes of the debtor's examination—I have my notes here, and have made a transcript—it is true and correct. (Read.)
Cross-examined. I was present during the whole examination—Mr.
Grain examined the debtor—there was no solicitor or Counsel representing the debtor—I saw Mr. Levy there—he is not a solicitor—there was no Counsel—it began, I think, about 11 o'clock, and lasted until about 1 o'clock.
JOHN SMITH . I have known the prisoner 15 or 16 years—I am connected with the Norwich Life Insurance—I am put down as a creditor to the prisoner for 23l.—I had no knowledge of that being done, and it is false—there was, I believe, seven or eight years ago, a small debt of between 3l. and 4l. due from me to him.
THOMAS WEST LUDWELL . I am managing clerk to Messrs. Lindus and Bicknell, of Cheapside, solicitors to Swan and Edgar, Regent Street, on whose behalf I conducted an action against Copsey—the original writ was dated 2nd April, for 56l. 19s. 6d. for wearing apparel—it was my duty to serve the writ personally, but I did not succeed—I applied for substituted service, and then sent it by registered post—no appearance was put in—on 12th April Copsey called at our office—he brought the copy writ, and complained of his inability to pay the amount; he paid 5l., and said that till that morning he had heard nothing of the matter, as he had been away, and if he was pressed he should have to file his petition, and that a bill of sale existed over his furniture—he arranged to pay 10l. on 26th April, and I agreed to give him time—I drew up this agreement, and he signed it. (Agreeing to pay off the debt by instalments at fixed dates)—on 20th April he paid of 5l. instead of 10l., saying that he could not pay more—he brought no more, and we wrote to him for the balance, and On 7th June put in the Sheriff, who was turned out under the bill of sale, and the balance is unpaid still.
Cross-examined. He came to me on the 12th, and told me he knew nothing about it until his wife handed him the writ that morning.
WILLIAM RUSSELL CROWE . I am an accountant, of 70, Coleman Street—I first knew Copsey, I think, in 1868—I made him advances in 1876 and 1877 on a bill of sale when he lived in Finborough Road—it was rather a large house, but there was not very much furniture—that bill remained unsatisfied up to the filing of the petition—I have only received 3l. or 4l.—Sheriff, I think, was turned out once under the bill of sale—some little time before 10th June I went to the house in Brammerton Street; I did not see Copsey there—some new furniture was coming in, and either he or Madam Copsey proposed that I should advance as much as I was willing, and consolidate the other with a new bill of sale; 120l. was the suggested amount, including what I had already advanced Mr. Weir, and I went over the furniture, and we put it down so that we might make an advance to bring the debt up to 150l.—I heard that it came from Whiteley's—nothing came of the proposal; I did not carry it into effect, and on 10th June he filed his petition, of which I received notice in the ordinary way—I attended the meeting of 3rd July at Mr. Micklethwaite's office with my father's proxy; I was the only Mr. Crow there—I was subsequently appointed trustee by the Bankruptey Court—a committee of inspection was appointed at the meeting—Daniel Levy was in the room, and Mr. Edward Laurence Levy; they were holding proxies on behalf of creditors—on the advice of Mr. Willes we adopted the motion that was made to commit Mr. Whiteley for contempt of Court—ultimately the goods were returned, and Mr. Weir, who was my clerk, gave this receipt for them in my name—the Copseys continued to reside
at 16, Brammerton Street—I had a valuation of the goods in August; it amounted to 321l. gross—no suggestion had been made that I know of prior to that that the goods should be purchased on behalf of the debtor—I then wrote to Copsey on the subject of the valuation, and I no doubt saw him afterwards—it was said that no doubt some person would purchase the goods for his daughter, but the price mentioned by me was too high, and he stated that some of her goods were included in the valuation—I received an offer in writing from Mills and Carpenter in Brompton Road, and then got another valuation made by Dyson and Co., money lenders, of 23, Cornhill, who, said that what we could get over 150l. would materially benefit the estate—I saw Madam Copsey after that, and if he came into the office I may have spoken to him—I did not tell her what Dyson's valued the furniture at; their valuation was 150l.—I sold it for 205l. to a man who gives the name of Squeezy, of 6, Great Winchester Buildings, City; that did not include Miss Copsey's goods or the 40l. worth of plate—the plate was in Copsey's possession from the day I sold the furniture to the date of the hearing at the police-court, when I received it on behalf of the creditors—I gave Mr. Squeezy a receipt for the 205l., and have never seen him since—I received bank-notes—I have not paid any dividends—about 15l. are left—this is how the money was expended (Handing in a list)—I paid myself 48l.—I have also entered, "Trustee, remuneration, 15l. 15s.;" that is myself—I have received nothing from the sale of the furniture—Mr. Whiteley's plate was returned—the furniture is still at 16, Brammerton Street, and they are living there.
Cross-examined. My bill of sale is registered, and it had to be paid before anything could be done—the first valuation was by Messrs. Turner; they are respectable people; the next was by Miller and Carpenter, and there was another by Abrahams, and another by Dyson—I settled the first under this resolution. (Dated September 4, 1880)—I once or twice asked Copsey to pay off the old bill of sale—the largest valuation was assuming that the goods could be sold on the premises, but they could not be—Copsey's daughter is about 16; she is on the stage—I understood that the furniture was to be bought for her—Copsey was actually living there as far as I know—he has obtained a situation at a tobacconist's since the filing of the petition—his wife and daughter lived there—I know my own goods, and I saw them again afterwards, and some new things—I have gone through Whiteley's account; the total is 600l. with deductions, leaving a balance of 417l. 10s. 7d.—I took out items on a sheet of paper for ladies' clothing, amounting to about 77l. 4s. 7d.—I do not lend on wearing apparel, and I never saw it at all.
Re-examined. The defendant's solicitor, Mr. Plunkett, called on me—he represents Mr. Dunn so far as I know—I charged 15l. 15s. for services rendered, and I did not contemplate charging any more—although it is not mentioned in the minutes the committee suggested that I should go up there and see the goods, and in consequence of that I instructed Dyson's to give me a fair valuation, and I attended at Brammerton Street—Copsey was not there—all the meetings were held at my office—he was not in the room, he may have been in the house—I was instructed by the committee to object to a private examination—the resolution is, "Resolved, that the committee do object by Counsel to the private examination fixed to take place on the 9th inst."—that was the examination of the liquidating debtor—the reason was the rejection of Mr.
Whiteley's proof; that is not on the minutes—I attended before the Registrar and withdrew the objection—the resolution of June 1 is, "Resolved, that the trustee do attend and object to the private examination taking place till Mr. Whiteley has complied with the order of the Court, and proved his debt"—I told Mr. Murray that that was my reason for objecting, and he said, "I don't think, if I were you, I should object," and then he inserted, "The trustee not objecting," but afterwards they thought I was rather exceeding my prerogative—the resolution was passed after my explanation of what passed between me and the Registrar—I asked the committee what, harm could be done by the examination of the debtor, but they persisted in their objection because Mr. Whiteley had some of the goods in his possession, and had not complied with the order of the Court—I had received instructions from Mr. Humphreys not to part with the goods till a date indicated.
Cross-examined. Mr. Whiteley said he would return the whole, but I believe these goods were minus—whether Mr. Whiteley actually had them on sale or return, or whether Copsey's people made away with them I can't say; there is a deficiency—I was not in the house when they came—Messrs. Micklethwaite and Co. had not given me the invoice that Mr. Whiteley had sent—I did not know what the debt was for—the debtor told me the amount he owed Mr. Whiteley was not more than 200l.—a great many of the debts put down in the claim were proved—the proof has not been dealt with, either in rejection or admission, and it is not usual, either in my office or that of others, to deal with such proof until you contemplate paying a dividend—it is an unusual expense, and as there is no prospect of a dividend out of this 200l. I did not go to the expense of ascertaining—whatever small amount is left in my hands it will be my duty to divide, and I shall certainly go into it then—this letter of 13th August, 1880, was submitted to the committee of inspection, and they told me still to adhere—the goods were not sold till after the receipt of that letter; thev were sold at the time the debtor was under examination—I do not know that he did not attend until 9th September—I have an entry in my time-book that owing to the non-attendance of the debtor another meeting was fixed for 9th November—the goods were sold on 18th September.
MATTHEW SINGLETON WEIR . I was clerk to Mr. Crowe—I copied the resolutions from the originals—Miller always prepared the resolutions as far as I know—they were drawn up sometimes outside the office in the street, and sometimes in a public-house—Copsey was always there—he was sometimes present at the consultations of the committee—I attended on Mr. Crowe—I cannot say the date, but at that time all the goods were not delivered—the drawing-room suite was delivered—his family was at the house at that time, and nothing was said about the bill of sale not being drawn until the goods were delivered—I heard some conversation between Crowe and Copsey to the effect that Mr. Copsey was to come to the office to see Mr. Crowe on the matter—I was not present at the interview—Mrs. Copsey came to Mr. Crowe's office more frequently than Mr. Copsey—she would come twice a week sometimes.
Cross-examined. I am not in Mr. Crowe's employment now—I swear some of the resolutions were passed in the public-house at the corner—I was there having a glass of beer, and saw them there—Mr. Crowe has often told me to bring them into the office—the meeting was called inside the office and not outside—the committee of inspection would meet, with
their solicitor, Daniel Levy, and draw a resolution on paper and bring it inside, and I copied it from Mr. Miller's writing into that book—I do not suggest that Mr. Crowe was ever at the public-house—I looked over the furniture and considered that 150l. could be got for it—I received the furniture back from Whiteley's—there were two bedroom suites—the drawing-room suite was the principal part; there were large looking-glasses; the furniture was handsome—I went over it with Mr. Crowe—I was not there when it was taken away by Whiteley's men—I was there when it was returned, and I went carefully through the furniture with Mrs. Copsey, and made a list of the damaged articles—I suppose Mr. Crowe has the list—I cannot say what the amount of damage was.
Re-examined. A sideboard and sofa were damaged—5l. would probably cover the damage.
WILLIAM JOSEPH JONES . I am counting-house superintendent to Mr. Whiteley, and have the general supervision of orders given as to credit and so on—the assistants come to me—the goods in question were supplied by Mr. Whiteley's firm to Mrs. Copsey—the principal part of the goods came from the department where Mr. Palmer was engaged—he is not in our service now—we first had a communication about these goods in March, and I saw Mrs. Copsey a few days after, when she came and said she wanted some furniture, and gave a reference to Messrs. Micklethwaite and Co., her solicitors, in Long Acre—she came again, and Mr. Palmer told her the reference was not satisfactory—the arrangement was for a cash transaction, and she paid 100l. on account—a cash transaction with, us means that the money has to be paid when the goods are delivered, or as soon after as possible—very shortly after she was to pay another 50l.—the 100l. was paid on account of goods already delivered and in course of manufacture—she paid the other 50l. on 15th May—from that time we received no further payment—about 10th June we received a notice of a petition having been filed.
Cross-examined. There was no one with Mrs. Copsey when I saw her the first time, I am certain—I did not make any inquiry about Messrs. Micklethwaite and Co.—I did not ask her whether she was married—we should ask that question if it were a credit transaction, but it was understood this was to be cash—she was to make payment on account from time to-time—I call it a cash transaction—we should take 100l. down to supply goods to the amount of 600l. if we got another 50l. and a promise of further substantial payment—we took her promise—Palmer told me she was married—she gave the address 16, Brammerton Street—I saw her daughter once when Mrs. Copsey paid the 50l., and I have heard of Miss Copsey—I knew she was an actress—I found it out about a month after—Copsey is not a common name—invoices would be sent with the majority of things—they were made out to Mrs. Copsey—the 100l. down impressed us, and the promise of substantial payment.
GEORGE ROBSON (Police Inspector). I know ✗ Bulmer, of York Buildings, Strand—he was convicted at this Court of receiving stolen goods—I also know Henry John Oswald Gudgeon, who was convicted at this Court—I did not know him before his conviction.
Witness for the Defence.
EMILY COPSEY . I shall be 17 next September, and am an actress, and have been so for about three years—I live with my mother, whose name was Donne before she was married—I have a grandmother in Paris, a lady of independent means; she has supplied my mother with money sometimes—my father does not live at home; we hardly ever see him—he follows different occupations—my mother principally pays the rent of the house; my father does not contribute to the expenses—the houses which we lived in first were unfurnished—I went with my mother to "Whiteley's; we were going to Meeking's—we furnished the rooms, to let them to a foreign gentleman, and they were to bring us in 40l. a week, which was to include expensive dinners and almost the whole of the house and the hire of two servants—I went with my mother on every occasion—we saw Mr. Palmer—nothing whatever was said about my father—my name was not mentioned then—when the furniture had been put into the house we went to Paris to make arrangements for the gentleman to lodge with us, and when we returned we found all this had happened—we have dealt with Swan and Edgar over two years, and have had credit there—my mother bought a seal-skin jacket there for 40l., for which she obtained a receipt, and she had another one which she had credit for; and the day before we left for Paris my mother dressed me in that, and we were surprised when the writ was served—I do not remember when it was served—they seemed quite willing to wait, and we had spent about 20l. with them the day before we went to Paris, for dresses and gloves and other things—when we were in Paris my mother wrote a letter to Mr. Whiteley.
Cross-examined. My last engagement was last summer, at the Royalty Theatre—this letter (produced) is in my mother's writing—I did not know of her wishing to take the house it refers to—I never heard of it till this minute—I never heard that my mother was going to take 3, Holly Terrace, Thistle Grove, on a lease, at 100l. a year—April 12 months would be about the time the furniture was going into Brammerton Street—I did not know that my mother passed by the name of Donne—this letter is in my writing; it is signed E. Donne—this other letter is in my writing; it gives the name of Mr. Wilson as a reference—I do not know him at all—I never saw him—I suppose my mother knows him—it was to get a house—I do not remember when—I know Mr. Micklethwaite—we gave him as a reference—I do not think it was by his authority or Mr. Levy's—we were going to live in Brammerton Street and have the furniture there, and have 40l. a week out of it—this letter is before my mother bought any furniture of Mr. Whiteley—we were also in treaty for another house with Mr. Siminond, in Victoria Grove—we wanted that house because this case being so unpleasant for me I wanted my mother to move, as I had lately had an engagement offered, and I did not like to give the present address—we were not in treaty at the very time the furniture came in from Whiteley's—that is just lately—we have been in treaty for two, I think, in the last 12 months; one in Victoria Grove and the other, I think, in Holly Terrace—I did not know about Holly Terrace—the signature in that letter is my mother's, and the body of it, I suppose, is the house agent's—my father comes home every night, but goes away very early in the morning, and we seldom see him—I do not mean to suggest that he was not living in the house with us at the time of his arrest—I have seen Mr. Child once; he may have lent my
father money, but not to pay the rent—my father never paid the rent—I have seen Mr. Miller once at our house—I know a person named Squeezy—I decline to give his name—I can pass you a piece of paper for your satisfaction—he lives at 6, Winchester Street—I cannot tell you his occupation—I have seen him, and I saw him shortly before the furniture came back to our house—my father did not see him—my mother did—he and Mr. Crowe saw each other—I last saw him when the furniture came back, nearly five months ago—Mr. Squeezy brought it and gave it to me.
Re-examined. My mother and I paid the rent—it was a short time ago that we thought of taking Mr. Simmond's house; not a month, I think—the tenancy of our house in Brammerton Street expires this June, I think.
By SIR H. GIFFARD. We lived at St. James's Villa when Mr. Whiteley took our things—we had to take a furnished house—this letter of April 26th was written this year. (Signed E. Bonnel)—Donne is my mother's French name—we have had a great deal of trouble over this business—my mother was going to take a house in the name of Donne, and she consulted her solicitor, and he said no; and we went to Mr. Simmond, and it was altered—my mother told him about the case altogether.
GUILTY.— Judgment Respited.
MR. HOFFMEISTER Prosecuted.
FREDERICK DYER . I am an oilman, of 103, West Street, Mile End—about 11 p.m. on 9th May I went into my front parlour and saw the prisoner about to get out at the window with some clothes on his arm—I had been in the room about half an hour before, when the clothes were hanging on a peg behind the door, and the window was shut—I had a lamp in one hand and in the other some milk and a jug of water—I placed the milk on the table, opened the door, and saw the prisoner about six doors off, running at his hardest—nobody else was in the street—I followed him about a mile until a constable stopped him—I have no doubt of the prisoner—if I had not had the lamp in my hand I could have caught him at the window—he left the clothes on the window-sill.
Cross-examined by the Prisoner. The parlour door is about 3 yards from the window—you had one leg on the sofa and half of your body inside—I did not see your face, but I saw your clothes—you were the only person I saw—the parlour was in darkness before I went in.
CHARLOTTE LEWIS . I live opposite Mr. Dyer—soon after 11 o'clock, on passing his house, I saw the prisoner and another man standing at the door—I came back in two minutes, and they were standing by Mr. Dyer's window, which was wide open—the shutters are outside—the other man was against the kerb—I was walking slowly, and the men near the kerb said to the prisoner "Let her pass," which drew my attention to them—I went indoors and heard Mrs. Dyer scream, and said "Those two men I believe have got into Mrs. Dyer's window"—on going to the shop I saw that the window was closed—I am sure the prisoner is the man—there were not many people about.
Cross-examined. You stood near to the window, and the other man near to the kerb, and when you caught sight of me you turned your features so that I could not see you—I could tell you by your stature
and your clothes—I saw your side lace—when the constable brought you up to the door I said it was you—I did not see you get out at the window, or see anything in your possession—I have not passed three words with Mrs. Dyer the whole time she has lived there.
EMILY DYER . I am the prosecutor's wife, I followed him in to go to bed—I had the baby in my arms—I saw the window open and the prisoner with one leg on the sofa and the clothes on the window-ledge—I did not catch sight of his features, but I did of his body—my husband opened the door and ran after him.
STEPHEN JORDAN (Policeman K 95). I was on duty in St. Peter's Street at about 11.20, and heard a cry of "Stop thief!" and saw four persons coming along the street—the prisoner was about 15 yards ahead of them, coming from the direction of West Street, and I stopped the prisoner, who was running his hardest—he said "It is not me, I am after him;"I said "Which way did they go?" he said "Along Devonshire Street,"I asked him what brought him into St. Peter's Street after them, and Dyer came up and said "That is the man that has been in my house"—the prisoner denied it—I took him in custody.
Cross-examined. I took you back between 300 and 400 yards—you did not use abusive language—another policeman ran after you.
The Prisoner's Statement before the Magistrate. "I am innocent. I ran with the rest hearing them cry 'Stop thief!' "
The prisoner, in hit defence, said that he had been to Plaistow, and had several miles to walk home, and when about 40 yards from the prosecutor's house he saw some men running, and he and a boy ran to stop them, when he was stopped by the constable, and that none of the witnesses swore to his feature.
NOT GUILTY .
MESSRS. BESLEY and REED Prosecuted; MESSRS. ADDISON, Q.C., and LEVEY Defended.
HENRY ALFRED STAGEY . I am Superintendent of Records in the London Bankruptcy Court—I produce the file of proceedings in this liquidation—the petition was filed on the 2nd July, and a resolution for liquidation there under was passed on 27th July, which was registered on 2nd August, 1880—Mr. Brown was appointed receiver on 3rd July on the nomination of creditors—the name of William Snow, senior, is inserted in the list for 859l.—here is the certificate of the appointment on 20th August of Mr. Joseph Andrews as trustee—the statement of affairs was filed on 30th July—here is a proof of debt by William Snow, sen., for 168l. 13s. 7d.; it is unsecured—the amount of indebtedness is 5,000l., it appears 416l. 0s. 10d. is unsecured, and "Taxes 28/. 17s. 6d."
WILLIAM BROWN . I was appointed receiver under this liquidation, and prepared the petition—I got this notice from the prisoner as to his owing 5,000l.—I prepared the nomination papers—I put Prime, the salesman, in charge of the prisoner's business premises; I was to pay him the same as he had been previously paid by his master; it was about 1l. 7s. 6d. per week wages, and the remainder as commission on sales—I frequently went on the premises, and always found Prime attending to the business—there was a man named Bloomfield after the first week—I employed Snow the same day that I took possession of the business premises, 3rd July—I
said, "You will be allowed 3l. a week, and to carry on the business as usual"—the accounts were rendered to me every night, and I continued to receive up to 3rd August, when a trustee having been appointed I gave up possession—Bloomfield was withdrawn at the time I left—I ceased to pay Snow about a week before, because he left the premises—I never saw him on the premises again—that is all I know about the case.
Cross-examined. I was told that Snow had been in business since about 1877—his father had been a large furniture dealer in Norfolk Terrace—I do not know anything about Snow endeavouring to enlarge his business and not having sufficient capital—I cannot say that it was that which brought him down—I had known him by sight for some years—I have been told that in 1878 he was confined in the Paddington Infirmary, having something wrong with his head—I decidedly should not put him amongst the stupid class, but amongst the cunning—he is married, and I believe his wife had something to do with the business—I put her amongst the olever class and cunning, a little of both—very clever and a little cunning, if you like—about this time I was an accountant and understood bankruptcy matters—I mixed with all classes, except the upper class—I have been engaged in different capacities—I have never been a dyer—I was for many years in the civil service; not conducting a civil service store—Snow first consulted me without his wife—I first suggested that he should try and raise money on a bill of sale, but when I looked into matters I advised that he had better file a petition—he was perfectly able to understand what I advised him—I told him that to raise money on a bill of sale would be an extremely dangerous proceeding—there was a meeting on 27th July—a composition of 5s. in the pound was offered, which the creditors declined, afterwards 7s. 6d. was offered, and so strong were their feelings that they declined to accept it, and I saw no probability of carrying out the composition, and it was not carried—I did not hear that some of the creditors expected to get 20s. in the pound from his father—I did not present the petition; I had nothing to do with it—the solicitor he employed is my solicitor—I have not had 35l. from them—my solicitor taxed his costs, I believe, in the usual way—I got the figure of 5,000l. from the debtor—the list of creditors was made out, and I tested them as far as I could—I only went to two creditors to get my nomination—I wrote the figures 859l. at the debtor's dictation—I did not go to Snow, sen.; those figures were copied from the original list of creditors—it is usual for the receiver in some cases to prepare the form, which I did—I saw the paper signed by Thomas Kemp Snow—I filled in the 375l. which I got from the debtor—this nomination paper was made out by Mr. Tilsley, the solicitor—I declined to have anything more to do with his statement of affairs—after the 3rd July the business went on precisely as before as far as I know, and the debtor bought and sold as before—I paid him 3l. every week, but not always that amount at the time—sometimes he would have 1l. or 30s., but it came to the same in the end—he left the premises before I retired—I retained all the receipts for every payment I made to him—these are all the receipts connected with the receivership—I paid the rent out of the takings of the business—I took an inventory of the stock a week after I went in—I was desirous of not disturbing them more than possible, and Mrs. Snow told me she had an inventory of the things if I would accept it—I accepted that and made out one for myself by checking her inventory, which I found substantially correct—it is in
one of my clerks' writing—the prisoner bought some things at Mr. Gobbey's without my knowledge—I wished to assist him in carrying, the composition, and I said we would go to a creditor and order these things, and by these means we might get his proxy—I had no idea when I went to Mr. Gobbey for obtaining his proxy that the debtor was going to buy those things for other purposes—on the Thursday following the goods came to my house, and the prisoner came in with Mr. Gobbey and presented a bill, which he wished me to pay—I said, "Who am I dealing with?—I shall have nothing to do with the transaction"—the bill was made out in the debtor's writing, and he put a considerable profit on these things—when I found I was trafficking with the debtor I declined to have anything more to do with it, and the things were taken away to Woodfield Place.
Re-examined. I served him with notice that he was not to part with them—the account of my receipts and expenditure I passed under the rules of the Bankruptcy Court, on the 15th July—I did not receive 15l., or any sum—when the debtor came to me and explained the position of affairs he supplied me with a list of over 100 creditors, amounting to 4,300l—I did not know any of the names till he told me—I found two entries of Snow for 175l. and 859l., the same amount as the nomination papers—I believed they were real amounts, and afterwards I found out that they represented sums which were not due—he told me some creditors were friendly and some hostile—according to the list, supposing them to be bond fide creditors, we should easily get three-fourths in value.
ELIZABETH ANN SELWOOD . I live at 9, East Street, Queen's Park—on 15th July, 1879, I bought some furniture at Mr. Snow's shop, in Frankfort Terrace, and got the receipt from the prisoner for 15l. 10s.—I first went to his father with my aunt, and the prisoner went with us in a cab—we bought no furniture there, but went back to the prisoner's shop—the goods were afterwards delivered to me.
Cross-examined. I should not have paid for them if I had not got them—I bought them from upstairs and downstairs—they seemed to be new—I went for a stamped receipt the day after, when I saw Mr. Bloomfield in the shop—he did not see me take the receipt—Mrs. Snow was also there—I think she gave me the receipt—my husband went for a receipt stamp, and I think she told him to put it on.
Re-examined. We had to go several times before we had the stamp put on—I do not remember speaking to Bloomfield about the stamp not being put on—when I spoke to Mr. and Mrs. Snow about it they said they had not got one, and we went the next day, and two or three days after.
HANNAH WRIGHT . I live in Third Avenue, Queen's Park—in July last I bought some furniture at the prisoner's shop, in Frankfort Terrace, and I got a receipt for 2l. 3s. 6d.—the goods were afterwards sent to my house.
Cross-examined. I was in the shop not more than an hour—I saw Mr. Bloomfield there.
Re-examined. The receipt is in the name of Treslow, my daughter—the things were brought to my daughter's house, where I had a room; that is why I gave her name.
MRS. TENNANT. I live at Sixth Avenue, Queen's Park—I bought
some furniture of Mr. Prime, and got this receipt (produced), which was sent after the goods were delivered—I paid the money to Snow.
Cross-examined. I never saw Prime before.
HENRY FILBERT PRIME . I entered the prisoner's service in October, 1879, and was to be paid by salary and commission—my engagement continued down to 2nd July, when the petition for liquidation was filed—Mr. Bloomfield came about 10th July—this paper is in my writing; it represents commission received from Snow between the week after the petition was filed until a week before the trustee came in—I did not know that Snow was going away the week before the trustee came in—I have the name of Selwood here, 15l. 8s.—I was paid commission simply because I understood it was not to be handed over to Mr. Bloomfield, and my arrangement was for salary and commission—that was in conversation with Snow—Mr. and Mrs. Snow paid me commission—I knew the goods had been taken out of stock—I find here standing 8s. 6d., bed and bolster 35s., also an entry of 1l. 14s.; Newell, a pair of pictures 11s.; Mr. Fenwick, occasional table and carpet 7s. 9d., mattress 7s., &c.—I was paid about 35l. commission—Bloomfield was never present when I was paid my commission—the goods mentioned in that list were usually delivered the first thing in the morning or the last thing at night—Bloomfield was not there when they were delivered; he would be there when some of the customers came in, sitting at the desk—he did not show the goods—Mrs. Selwood came there with her mother, I think—she came there first on foot, and went away in a cab with Snow—she came back with Snow, and after they had left Snow asked Bloomfield if they were suited, and he said "No, we have not anything good enough"—the goods were delivered at 11 p.m.—Mr. and Mrs. Snow gave directions for the goods to be removed to Queen's Park—I have not seen any goods since the trustee came in—goods were sent away in a truck 6, 7, or 8 times, and at different hours—Bloomfield was not present then—there was an arrangement, about 10 days after the petition was filed, between Mr. and Mrs. Snow and myself, that these goods were to be sent away, and I believe a room was first taken which I did not know anything about, in Walton Road, and several lots of goods were sent there, and they were taken from there on to the Queen's Park estate—after the room was taken there were about half a dozen different times when goods were taken—Mr. Snow left it to her discretion—I do not know the value of them—there was enough to furnish two rooms—they were from new stock, and worth a great deal more than 10l.
Cross-examined. I believe I have always borne a very good character—there was no crockery amongst the goods—I did not help to remove them to the lodgings—Bloomfield did not take part in the sales—if the money had been handed over to Bloomfield I should have lost my commission—I have seen Snow take money on sales and hand over part of the money to Bloomfield when he has been present—in the case of the sale to Treslow 2l. 3s. 6d., 1l. 2s. 6d. was handed to the receiver.
Re-examined. This receipt is not in my writing—I did not receive the money—I had my commission on it—after the prisoner told me it was his transaction I sold the articles to Mrs. Tennat—I kept account of what Snow paid me commission for—I had commission from the receiver on the 1l. 2s. 6d. and from Snow on the 1l. 1s.
the premises, 6, Frankfort Terrace, in July, about a week after the petition was filed—I stayed there from about 8th July to 4th August—Mrs. Selwood came to the shop and went upstairs with the prisoner, and then downstairs in the show-room—she went away with Snow and returned—Snow told me that the goods were not suitable, and that she was going to get married—I have never seen this account before (produced)—I never received 15l. 8s. from Snow, or 5l. 11s. with reference to Mrs. Tennant's goods—I cannot recollect that Snow paid me anything at all—I do not know of 15l. worth of goods going to Mrs. Selwood, or of their being sent away at night.
Cross-examined. I did not interfere in the business—I did not show Mrs. Wright over the place—there was a mistake in the name.
ROBERT HULL . I was a porter, and was continued in the employment by the receiver—on 13th July I saw some goods on a truck on the Carlton Bridge, about 100 yards from Frankfort Terrace—the prisoner asked me to move them, which I consented to do, and I moved them to 4, Frankfort Terrace, a linendraper's shop, three doors off—I saw the prisoner the next day, when he asked me to buy the goods, so that he could move them away—I had no money to give him, and he gave me a bill receipted for 7l. 10s., and they were to be taken to my place—I asked him if it was right to do so—he said the goods had not been on the premises, and it was all right, and that they did not belong to Mr. Brown, and the goods had been taken to Woodfield Place—after that Bloomfield came over—he asked me what was going on, and told me to leave them alone; he said it was not right, and cautioned me against doing it—I knew of rooms being taken at Queen's Park, and I moved goods there in the middle of July—I moved goods five or six times—when I left with the goods Bloomfield was not able to see me—they were taken from stock in Frankfort Terrace.
Cross-examined. The goods at Woodfield Place were the ones which he said had never been in the place—he told me he was not going to let Mr. Brown have them, that he had bought them for Mr. Brown, of Gobbey, and Mr. Brown was not going to pay him for them—it was Mrs. Snow who asked me to take them to Queen's Park—they were front and back rooms, and the furniture was enough to furnish them.
RICHARD GEORGE ASHMAN . (Somerset Constabulary). I received directions from Scotland Yard—I saw the prisoner a fortnight before that on Good Friday; I did not know his name then, and did not speak to him—I afterwards saw him at his uncle's house—I told him I had instructions to arrest him on a charge of fraudulent bankruptcy, and I should take him in custody, and I did so—he said, "I am innocent; some one will suffer"—in order to get at my pocket-book I had to take my handcuffs out—he said, "You are not going to put those on"—I said, "No, not if you behave yourself"—he was either ill or pretended to be ill, and he became faint; I counted him to be ill at the time—I took him along the road, and when near a wood he made a sudden bolt—there were some children in the way, and I could not immediately follow, and I afterwards took him at a cottage about five miles away.
Cross-examined. I have come all the way from Dunster to tell you this—the prisoner was living there with his uncle and aunt—I noticed him about a fortnight before—he turned pale when he saw the handcuffs.
the prisoner dated 31st December, and about three weeks after I was instructed to execute it if I could—I communicated with the police at Dunster.
Cross-examined. I ran about London, and my agent—I found that the prisoner was in Dunster—I ultimately received a telegram from the Somersetshire Police stating that they had detained him.
JOSEPH ANDREWS . I am a Fellow of the Society of Chartered Accountants, and am the trustee under the liquidation of William Snow—I have investigated the estate—the 15l. 10s. received from Mrs. Selwood has not been accounted for, or the 5l. 11s. 6d. from Mrs. Tennant, or 2l. 3s. 6d. from Mrs. Wright—the prisoner has never handed them over to me—I found some furniture on the premises in Woodfield Place, value about 12l.—the prisoner did not tell me that it was there; he did not tell me that he had furniture anywhere except at 6, Frankfort Terrace—I examined him at the meeting of creditors, and he then stated that there was no furniture elsewhere, and he said he had 30l. in money in his hands, and a watch and chain, which he said he would hand over, but he has never done so—the assets realised about 2s. 6d. in the pound—Mr. Brown's expenses are cut very small; we taxed them—I was present at a meeting on 22nd July when the statement was presented—the prisoner's private furniture was worth about 12l., and the stock I put down at about 600l.—the 12l. worth was sold with the stock-in-trade.
Cross-examined. I only asked the prisoner about the 5l. 10s. 7 1/2 d. by my Counsel; I have not seen him myself to ask, and the same thing applies to the 5l. 11s. 6d.—his shop was full, and the stock realised 372l. 14s.—514l. was the cost price of the goods—there was 27 1/2 per cent, discount on their sale—514l. is what they would cost the shopkeeper—he told me a short time before the meeting that he had pawned his watch—I asked him for the ticket or the watch—he said his wife had 30l. at home.
Re-examined. The prisoner was asked at the Bankruptcy Court "Have you since you filed your petition sold goods for which you have not accounted to the receiver," and he said "Not to my knowledge."
Witnesses for the Defence.
MR. FOX. I am a feather manufacturer, of 1, Bridge Terrace, Harrow Road—on 15th July I sold to Snow a palliasse, a feather bed, a bolster, and pillows—I have not the account with me—on 20th July I sold him a feather bed and a set of cushions, and on 24th July two palliasses, a bed, bolster, and two pillows—he paid me for them.
Cross-examined. I knew I was amongst the list of persons to the amount of 60l. to have notice of the liquidation—I proved for 60l. odd, I believe I was not returned for a penny more than was owing to me.
Re-examined. When the goods were taken round Mr. Snow went with the carman—I did not know Mrs. Tennant from the other persons—the goods were paid for before they left our yard—I believe they went to Queen's Park.
HENRIETTA PROCTOR . I live at Notting Hill, and was in the service of Mr. Snow in July last—I engaged the room in Queen's Park for them to go and live in, at the request of Mr. Prime—he said I had better engage it, and he would get some things away for Mrs. Snow and the baby—two bedsteads were taken, and a small one for the baby—Mr. Prime took some—I did not take any—I went with him—it was Mrs.
Snow who did it—Mr. Snow knew nothing about it because he was not there when instructions were given to me.
Cross-examined. I am not related to them—I did live at Falcon Terrace, Kilburn—I did not get a notice-paper of the insolvency—I did not know I was put down for 65l.—he never owed me a shilling.
WILLIAM SNOW, SEN . I live in Norfolk Terrace, Harrow Road, and am a furniture dealer—as far as I could see, the furniture and stock that was in the place was worth the whole amount it cost, viz., 1,400l.—every room was full, and it fairly represented the amount of stock he had—I am a creditor of my son's for 168l. 13s.—I advanced 30l. the day before he filed the petition—Mr. Brown came to me about his nomination as receiver, and I signed my name—I did not put my name to 859l.—I know nothing about the figures—he never asked me what my debt was—in 1878 my son had the misfortune to be affected in his mind—Mr. Brown was a clever man.
Cross-examined. I did not know that my son had discussed with Brown the possibility of getting enough creditors to approve of a composition; I know nothing of it—I did not know my son had returned me at 859l., and my other son, Thomas Snow at Harrow for 300l. odd.
THOMAS KEMP SNOW . I am the prisoner's brother—I corroborate my father in saying that the stock sold up represented as large a stock as he had ever had in the place—I was there within a few days—I never authorised him to put down my name for 375l.
Cross-examined. I knew nothing of it—I signed to appoint Mr. Brown receiver—I knew I was not a creditor—I did not know I had no right to sign—I did not know that my brother had discussed the question about the number and value of creditors—I did not know anything about it until a few minutes ago.
Re-examined. I did not know of Mr. Tilsley, the solicitor—neither I nor my father employed any solicitor in this liquidation—it was all Mr. Brown's doing.
GUILTY. Strongly recommended to mercy by the Jury. — Three Months' Hard Labour.
GRAY— Seven Years' Penal Servitude.
WILSON— Five Years' Penal Servitude.
OLD COURT.—Thursday, May 26th, 1881.
For cases tried this day see Kent and Surrey Cases.
NEW COURT, Thursday, May 26th, and
OLD COURT. Friday and Saturday, May 27th and 28th, 1881.
Before Mr. Justice Field.
MESSRS. POLAND and MEAD Prosecuted; SIR HARDINGE GIFFARD, Q.C, appeared for Goldman; MR. FULTON or George Funk; and MR. MONTAGU WILLIAMS for Nicholas Funk.
THOMAS WESTON PILLEY . My father is the landlord of 45, Barbican—the top floor, the second floor, and a room on the first floor were let to Nicholas Funk about 1878, and the lower part was let to a woollen merchant and a printer—a door at the foot of the stairs shuts off the second and third floors—the front street door is on one side, and is the usual means of access to the whole of the premises, and it was, I believe, secured by a padlock—Nicholas Funk paid 55l. rent at first, which was afterwards reduced to 50l.—neither the woollen merchant nor the printer lived there—they locked their doors, and the padlock was common to both—there is a coffee-shop seven or eight doors away.
FRANCES ANN HANKS . I have lived at 46, Barbican nearly two years—Harry Pierrepoint lodges in the house—on the night of the fire I was standing at our door, and saw Miss Funk leaving the premises—she locked the door—Nicholas Funk was standing about two yards from her, and they both walked away towards Aldgate, and about five minutes afterwards the fire broke out—our door adjoins No. 45; there is only a piece of wood between them—it has been a larger door made into two; a piece of wood is between them.
Cross-examined by MR. WILLIAMS. Mary Ann Torrington was not with me, I was alone—people were passing and repassing in the street; there was no crowd—it is a busy thoroughfare—my father is a policeman.
Re-examined, I saw Harry Pierrepoint standing outside Mr. Dewick's shop, next door, No. 46, between our door and Plough Court.
HARRY PIERREPOINT . I am a coachman to Thomas and Jones, woollen merchants, 138, Queen Victoria Street, and live at 46, Barbican—I was outside No. 46 on the night of the fire, and saw Miss Funk leaving No. 45—her futher was standing about two yards from her, and as he saw her coming he started to walk on; they walked together towards Aldersgate, and the fire broke out five minutes afterwards.
Cross-examined by MR. WILLIAMS. I lodge at Hank's, the policeman's; he is the father of the last witness—I have spoken to him about the fire and about Funk—a detective came and spoke to me on the Friday morning before I went to the station; I do not know his name—there was a public lamp opposite and three lights outside the Black Horse.
WILLIAM FOSTER . I am manager to Mr. Neville, a printer, of 45, Barbican, ground floor—the practice is for the last person leaving to lock the padlock and take the key to the coffee-shop, out while our office is open it is there—on the night of the fire I went to the coffee-shop at 7.10, and remained till 7.30 or 7.35—Miss Funk brought the key there and handed it to me, and about ten minutes after that the fire broke out; it seemed to me almost immediately after I placed the key on the hook that the fire-engine came—I rushed out and found the fire was at No. 45—the fireman was trying to open the door, which was locked, and before I returned with the key he had broken the door open.
Cross-examined by MR. WILLIAMS. A person going from Funk's to the coffee-shop would go in the opposite direction to Aldersgate Street—the coffee-shop is 40, and there is a street between 40 and 44—they were going to the right towards Barbican—45 is on the north side of the street.
8th March I was standing at my back window looking towards No. 45, and saw a man from the top window lower himself and drop down—I opened my window and called out "What are you doing there? "loud enough for him to hear, and he crouched down to hide himself from my view by a low wall which was between me and him, and in a moment the house was in a total flame—I called out much louder, "Han, the house is all in flames"—I had only noticed a dull light when I first called out—I went to my street door and stayed there half an hour, and a man passed and said "Don't be alarmed, the fire will all be out in a quarter of an hour"—I heard. George Funk speak at the police-court, and the voice was the same—his figure was just the same, but I do not know his face—the light I first saw was not in the room the man came out of, but under it.
Cross-examined by MR. FULTON. My attention was attracted by the breaking of the attic window—my window is 10 feet away, and I could see plainly all that was going on—I was as near as I am to you—when I saw George Funk at the police-court he was in the dock—I had not till then seen the man again who told me that the fire would be out in a quarter of an hour.
ANN TAYLOR . I am the wife of Thomas Taylor, of 8, Bridgewater Square—our back windows look on His leads at the back of 45, Barbican—I recollect the fire there; I heard a window break; I was then in one of my top rooms, and the window was open at the top; I opened it farther, looked out, and saw two men on the left-hand corner of the leads, on my left hand, right at the corner; I turned my head to tell my little girl to give the alarm, and when I looked again I saw only one man, fie was standing upright. (The witness here marked the plan at the spots where the men stood.) There was a very bright reflection from the leads, it lit up the leads—I do not know what became of the other man—when I saw the two men I saw no fire, but I was going to give the alarm because they were on the leads—I said to a young person "Look at those two men," and she said "Look at the fire"—I then told the child to give the alarm—when I saw one man remaining the back door leading to the leads had not been opened, because, after the flames had gone down I saw the door open and the firemen come out from the leads' door—I remained there looking and saw one or two men come out; the first one had a lantern, he looked about and called out "What are you doing here?" a voice answered, but I did not hear what it said; the fireman then said, "Setting the place on fire"—four or six firemen surrounded the man and took him off the leads—I then went down into Barbican and spoke to the fireman—I do not identify Goldman, but I identify George Funk by his figure as one of the men on the leads, and by his voice also; he said that he came to see his father.
Cross-examined by SIR HARDINGE GIFFARD. What I say is that I saw one of the men whom I had seen on the leads surrounded by five or six firemen and taken in at the door—that was the man whose voice I heard; they all went in off the leads through that door into the house—not a quarter of an hour elapsed from the time my attention was attracted to the leads till I heard the voices, but it may be longer.
Cross-examined by MR. FULTON. My attention was attracted by the breaking of a window, and I at once looked out and saw the two men; when I looked again I saw one man with his back to me—I said at
Guildhall that I recognised George Funk by his figure, and. I was just going to say "I think that is the man by his height," when a gentleman Said "She only saw the back of him," and I was handed down; he had rather high shoulders—I don't think I was twice as far from him as I am from you—I told my husband that the man had rather square shoulders—he had not said anything to me about anybody's shoulders being square—when I saw George Funk at Guildhall, in the dock, I had no doubt that his back accurately corresponded with what I had seen—I had not had any conversation with anybody before I went there—I was examined on the Tuesday after the fire, a gentleman had called on me on the Monday—I had mentioned the matter to persons living in the house, and the policeman came, and on Tuesday I went before the Alderman.
Re-examined. I watched the door, and only the firemen went in and out—the words "I came to see, father," were nearly the last words I heard before I went into the house.
JOHN DANE . I am an engineer, belonging to the Metropolitan Fire Brigade, stationed at Whitecross Street—I was called to this fire about 8.5 p.m., and went with a hose-truck and escape to 45, Barbican, and five minutes afterwards another escape and hose-truck came—our station is only 200 yards away, and I got there three minutes after the alarm—the house was padlocked; I ordered a man to get an axe; a man asked me if he should get the key; I said "Yes," and while he was gone I got the axe, broke the padlock off, and went upstairs to the second floor—the floors of both the second-floor rooms were fairly on fire, and particular spots were burning more than the rest; I ordered the engine to work and extinguish the fire; the floor and all the partitions were on fire they were of wood—I crawled along the floor, the place being full of smoke, to the double door leading to the leads; you pass one room door before you come to the other; I believe the first door was secured top and bottom by bolts; one door was, but I can't say which; I believe both were secured—I went out on to the leads with another fireman, with a lantern in my hand—I looked round on the leads, went some few feet, and then we both returned to the room with our lamps in our hand, and in six or seven minutes a person entered the room from the leads; we were then turning over the fire and extinguishing any little fire we could, find: the man passed, making his way towards the staircase without speaking; the door he was making for was all burnt away, and it was all open—as he passed me I put my hand on his shoulder and asked him what he was doing there; I could hardly understand what he stated, as he spoke very indifferent English: at last, after a while, I got out of him. that he came there to settle a bill; he said, "I was upstairs along with Mr. Funk, junior, and he went away, and I was making myself a cigarette to smoke, and before I had finished smoking it I saw some smoke coming up the staircase, and I went and got out at the back attic window on to the leads; I came here to settle a bill which has been due for three weeks"—Goldman is the man—I communicated that to the officer in charge of the premises, leaving Goldman in charge of the senior engineer; we then went and informed Inspector Foster, the chief superintendent—when I returned to the. room I found Goldman on the leads with Frogden and Johnson and several other firemen; I did not hear what passed—they all came in together, and went downstairs—I went to the station with
Goldman—I returned next morning to the premises, went into the top room, and examined the window; it is a casement window, opening like a door; the glass had been broken by some one inside, and not by the fire—on the Tuesday night after the fire was extinguished, and before I saw Goldman, I saw that the gas was full on from the main, and the end of the pipe looked melted away, and the delivery pipe also; the cock was turned full on; there was an iron pipe on the meter side; the gas was escaping—about six weeks before this I was called to the same premises, about 10.30 a.m.; a fire was then burning in the front room second floor—the printer's people were engaged in extinguishing it when I got there, and not much damage Was done—when Goldman came into the room from the leads he passed Johnson before he came to me.
Cross-examined by SIR H. GIFFARD. I said before the Magistrate, "I saw the prisoner coming into the room from the flat; I asked if he was the occupier of the premises; he said 'No, I have come to settle a bill with Mr. Funk;' "that was the account I first gave; he said that Mr. Funk had left him on the top floor; I think he said Mr. George-Funk, junior—the senior officer present makes a report in writing about the fire—I do not think I have mentioned before to-day his going out on the leads and being surrounded by the firemen—I saw him with the other men on the leads, but I did not heat what passed—I do not know how he got out on the leads—the second-floor rooms are divided by a landing, and the partition was on fire—the whole of the second floor was alight when I got there, including both rooms.
WILLIAM JOHNSON . I am a fireman, of Whitecross Street—on 8th March I assisted in extinguishing the fire at 45, Barbican—after it was extinguished I was very hot, and went out on the leads to have a blow; Bane had been there before me; while I was standing at the door a man passed me—Dane, who was then in the room, stopped him, put his hand on his shoulder, and said "What are you doing?"—I could not understand what the man answered, but shortly afterwards he was brought but on the leads with two or three of our men—Goldman is the man—I followed them behind; they had a conversation, and I understood Goldman to say that he had come there to settle a bill with Mr. Funk; he mentioned Mr. Funk's name, and to the best of my recollection he said it was about 30l.—the police officer then came, and he was taken away from the leffcis into custody—he was about five or six feet from the staircase when Dane stopped him.
Cross-examined by SIR H. GIFFARD. I was not present at the whole conversation between Dane and Goldman, the nearest I was to him was about 10 feet—I did not hear Dane say "Are you the occupier of the premises?"—the first thing I heard was Dane saying "What are you doing here?"—I was standing at the door at that time, about 10 feet from him—I swear I did not hear Dane say "Are you the occupier?"—I was not taking much notice, and the conversation was not meant for me to hear; Goldman spoke very badly, and I did not understand what he said—I did not hear Dane say any more; he went away to speak to some of the senior officers, I think.
DR. WILLIAM SEDGWICK SATTODERS . I am medical officer of health and public analyst for the City of London—on 12th March I received this parcel (produced) from Wright, containing a lot of charred paper and pieces of rag, remnants mixed up as they are now; it was about three
times the size which it now is; a greasy substance was smeared over them which was mixed with water—these are the fragments of a material known as swansdown, which has a fluffy appearance, and that was tied in bundles as this is; the paper was chiefly newspaper smeared over with some greasy substance, and saturated with moisture—the general bundle was moist as if it had been wetted with water; the swansdown was moist, but I did not observe the greasy substance there; it had a very strange smell of burning and also of paraffin—between the time of my getting the Magistrate's order to analyse it and my doing so next day it was placed in a closed cupboard in my laboratory for 24 hours still intact and, not knowing what it contained, I asked my assistant if he had upset a lamp, as I was met by a very strong smell of paraffin; the parcel was then intact—I untied it, and took about a quarter of the whole; I divided my operation into two processes—I first filled a retort with fragments of the materials, between two and three pints of it cut very small; I subjected that to the process of dry distillation at the temperature of boiling water, and from that I distilled between three and four ounces of a fluid, of which this bottle contains one-half—I burnt it, and found it contained a spirit of hydro-carbon nature, which is a constituent of paraffin, but it was mixed with water in certain proportions—I burnt it as I should a spirit lamp, and it gave a very black flame, peculiar to hydro-carbon spirit, and it had also had the smell of it—my second process was simply to boil in an open vessel another fourth of the same material at the temperature of 212° Fahr., or boiling water, and at the end of 10 hours I got a distinct film of pure paraffin wax, which is contra-distinguished from the oil; it has the physical characteristics of spermaceti—in my opinion that was solid paraffin; it is called paraffin wax—I think the parcel had been smeared over with paraffin oil, but scarcely saturated—I could form no idea how much paraffin had been used; if the whole of the moisture was from paraffin I should have got a much larger quantity.
Cross-examined by SIR H. GIFFARD. Paraffin is distilled from coal and shale; it represents a solid form and a liquid form—all mineral oils would not produce the same result—paraffin chemically is a hydro-carbon in which hydrogen combines in the highest form that it will combine with carbon. (Giving the chemical formula.) Benzole is one of the hydro-carbons, and is known commercially as benzoline; it varies in purity; it is also called belmontine and benzine—the base is popularly known as benzoline and benzole; that would not be chemically pure, it is very often adulterated with naphtha—it has half a dozen different names in common, and a great many more than half a dozen degrees of purity—impure benzoline would not produce the chemical results which I found—such a flame as I found would not be found from adulterated benzoline—I have not the least recollection of saying so before the Magistrate; I did not say "Benzoline is a dear and pure oil, such a flame might be found in adulterated benzoline, "my deposition is not taken correctly, a portion of it was read over to me, and a mutilated part of it—very likely I did say so, I can't recollect; but it is highly improbable that such a flame would be found from adulterated benzoline—benzoline is extensively adulterated—it is familiarly known to be used by furriers and other persons when they want to get rid of grease—the operation is this: the fat is taken up by the benzoline, as it would be by ether, it dissolves the grease when it finds itself in contact with it, and it is held in solution, and can be
recovered by evaporating the benzoline—I do not think paraffin would have that effect, but I won't speak positively, I have not tried it—a mixture of benzoline and paraffin would have the same effect in a lesser degree; the benzole would seize a portion of the fat, and the paraffin would remain intact—paraffin has not the effect of dissolving grease, but I do not speak experimentally—I do not know whether benzole is more expensive than paraffin, because I never bought either, except for chemical purposes—I cut the substances in pieces about the size of a nut before putting them into the retort—when I said the grease was smeared over I meant that there was a trace of a person, having intentionally smeared it over; I say that some substance of a greasy nature was spread over the pieces of rag—I do not mean as if there had been oil on the floor, and it had been wiped up with paper; it was more uniformly spread over the paper, as if produced by the action of smearing; it certainly was not done in the way you describe, because if oil was poured on this it would go right through to the under-layers, but it was very distinct from the water—what I mean by smears is that oil had passed through the paper in some way—I won't say it was saturated, because it was not all over it—the oil had gone through successive layers of paper, principally newspaper—this had not the appearance of that which I analysed—I do not see anything like it here; this piece looks a little more like it than any of the others, but it has not the fresh grease which it had then—I think I ought to say that I took the worst portions for the purpose of analysis, I took those most affected—this is not in its original condition, it is dried up, but subject to that effect it is as it was when it came to me; it is stiff now, which has curled up the cardboard—if you were to empty this oil on your brief it would gradually spread all over it, assuming the fluid to be of the same density—by smearing I mean that it had spread by capillary attraction or in some other way.
Re-examined. If I had subjected benzole to the same experiment I should not expect to find so much film or paraffin wax; in fact, benzole boils at 187 deg. Fahr., and consequently would not have come over into the receiver for distillation at 212 degrees—I do not consider the fluid which I found there efficacious for removing grease from furn.
PHILIP BROOKS . I am the foreman of the London Salvage Corps—on Tuesday, 8th March, about 8.30, I went to 45, Barbican, and found this cash-box (produced) on the first-floor landing; it was locked; I gave it to Salter next day—I found on the floor a quantity of cuttings, which looked like linen, and some newspaper which smelt very strongly of paraffin.
EDWIN HILL (City Police inspecter). I was in charge of Moor Lane Station when Sergeant Wisby brought Goldman in about 9.10 on Friday, the 8th—Wisby said that the fireman Dane had found him on the premises, 45, Barbican, where a fire broke out—I said, "Go and fetch Dane here"—he left and Dane came, and in Goldman's presence said, "I saw him coming off the leads at 45, Barbican, where there had been a fire and he tried to pass me without speaking, making his way to the staircase"—Goldman said in very imperfect English, "I called there for a bill which was overdue for 30l.; I saw George Funk, and he took me to the upper top floor, and told me to sit down and he would go and get the money; he then left, and I commenced to make a cigarette to smoke, when I noticed the smoke coming upstairs, and teeing there was no meant of getting downstairs again I broke the window and went through on to
the leads"—I said; "Did you see George Funk again?"—he said "No"—I detained him, and he was charged with being concerned with George Funk in setting fire to the premises—he did not say how long the bill had been overdue—half or three-quarters of an hour after that Nicholas and Fanny Funk came to the station, and in Goldman's presence Fanny Funk said, "have come to explain, about 7.30 I saw the prisoner Goldman and my brother standing on the staircase. I went into a room on the first floor to wash, and when I came out again, not seeing them, I asked if all were gone, and receiving no answer I went out, locked the door, put the padlock on, and took the keys and left them at the coffee-shop close by"—Goldman spoke to her, but he said nothing in English—on Thursday, 10th March, I went with Wright and Latter to 45, Barbican—I went on to the leads, and George Funk came to me there—I said, "Mr. Funk, junior, I suppose"—he said "Yes"—I said, "There has been a fire on these premises, and I have a man now in custody"—he said, "Yes, I have seen the charge in the paper this morning, and my name is attached to it what can I do to have it altered? for it will ruin me in my business"—I said, "I cannot advise you, but Goldman said he left you on the premises the night before, promising to return to him"—he said, "But I don't think I promised to return; a friend of mine called, and I went out with him; we called at a public-house in Barbican; I forgot all about Goldman, and then we left for Islington"—Fanny Funk was on the leads and heard that conversation—I said, "Your sister here says that she last night saw you and Goldman standing on the staircase when she went into her room to wash"—he said to her, "You did?"—she said, "Yes, I saw you there"—I said, "Who keeps the key of the inner door of the house?"—he said, "I do," and put his hand in his pocket and pulled out a bunch of keys—I said, "Are there any duplicates?"—he said, "No"—I said, "The doors were not locked last night, how was that?"—he said, "Oh, I forgot them; I do not at all times lock them; they are sometimes left unlocked at night"—I directed an officer to take him to the station, and he was charged with being concerned with Goldman in setting fire to the premises—he said, "I am as innocent as a child unborn; I know nothing about it"—after entering the charge I showed him a bundle tied, something like tape, and said, "This has been found on the floor of the second floor back room, and appears to be saturated-with paraffin oil"—he said, "There was a small bottle of benzoline on the table at the corner where this was found, and it must have been knocked over on to it; it is a corner where we throw all our waste"—I said, "But this was not waste"—he said "Yes"—I examined the second floor that day, and saw a large quantity of rubbish, cuttings of a furrier, and I saw paper lying there, but did not examine it.
Cross-examined by SIR H. GIFFARD. I asked these questions after Goldman was in custody—I asked him if he saw George Funk again after he promised to return—he was brought in at a little after 9, and sat in the office till nearly 5 next morning; he was not in a cell, but he was technically in custody—while he was there he Said, "I noticed smoke coming up into the room, and I was nearly suffocated"—I forgot that—he also said, "I broke the window of the room, and went out on the leads, and was there until a fireman came upstairs"—he was standing by the window when Fanny Funk entered the station, and we had the conversation in the room where he remained till 5 a.m.
penny and some empty paper bags from the bank, nothing else—my brother George fives at home at Bow, where I live—I have known Goldman a great many years, almost as long as I can remember—he was a Mend of my father's, only on business affairs—he is a general dealer in furs; he buys and sells—I only knew of the 30l. bill, since I have heard it mentioned in Court here—I did not know anything ofit before—I only heard it at Guildhall—I did not know of it at the time Goldman called—I saw the samples that were made up for my father on the Friday—he had been to Manchester before on several occasions on business—I don't know whether he had customers there—he may have Bent up orders; I don't know that he did—I kept the books, part of them—I do not know the name of any customer at Manchester—a part of the books my father would put down, himself, in Hebrew; those I kept were in English, stock books of goods I sent out—I did not make any entry of the samples that he took away—I don't remember when my father went last to Manchester before this; I can't remember—he was not away from London when the fire took place in January, 1877; he was in his residence in Castle Street, Whitechapel, where we lived at that time—I don't remember whether my father was bankrupt in 1877—I shall be 19 next birthday—my father has 11 children.
WILLIAM WRIGHT (Re-examined). I found this card of Mr. Rothschild on the person of Nicholas Funk when I searched him at the police station on the 22nd—at that time it had no writing on the back; it was perfectly clean—this memorandum was made by Latter, one of the officers—while I was making inquiries into the case I saw the witness Pattison, on the Sunday after George Funk was in custody; that would be the 13th, I think—Latter was with me—I told her that we were officers—I took dawn her statement—I asked her if she had seen an oil can or a lamp—she said "No"—since yesterday I have purchased a pint of benzoline at 32, Fore Street, City; I paid 6d. for it; I also bought half a pint of paraffin, for which I paid 2d.
Several witneses deposed to the good character of each of the prisoners.
GUILTY .— Ten Years' Penal Servitude each.
FOURTH COURT.—Thursday, May 26th, 1881.
Before Mr. Common Serjeant.
MR. HOFFMKISTER. Prosecuted.
ANGKLINA BOTTO . I live at 12, St. Martin's Lane—I am my brother's housekeeper; he is an hotel proprietor—on Friday afternoon, 6th May, I was walking in Titchfield Street between 3 and 4 o'clock—the prisoner was sitting on a barrow outside a shop as I walked up the street; he was joined by four or five others—I was passing a two-horse van, and couldnot cross the road; two of the men began to box and play on the pavement; there was a disturbance—I walked on the kerb—one of them snatched my bag, and the prisoner struck me with his fist on my right shoulder—I could not move for two or three days; he struck me again—the others ran away with my bag—my keys were in it and about 10s. 2d.; a handkerchief, and a little box—I watched the prisoner into Rose Street, I think it is; it leads into the market—I went to Marlborough
Street on, I believe, 19th May, and picked out the prisoner at once from about half a dozen.
Cross-examined by the Prisoner. I did not pick out a prisoner on the right of you—you helped to steal my bag by striking me on my hands and arms—I did not say before the Magistrate that you took my bag—I did not consult a doctor.
ANNIE PENNYMOULD . I am the wile of Henry Pennymould, of 27, Porter Street—I saw the prisoner and four others come out of a public-house—they lounged upon our barrow, which was standing outside our shop—my husband told them to go away; the prisoner said he would knock his b——head off—I saw them go up Titchfield Street, and stand against the railings at No. 7 for a minute or two, and they walked along, the prisoner and another being in front of the proseoutrix—the prisoner struck her on her arm—they pushed her back against the house—one man took her bag and ran round a little turning—my house is No. 6, and this occurred at 8 or 9, on the same side of the way—I have no doubt the prisoner was one of the men—I went to the station on 19th May, and picked him out directly from six or eight others.
THOMAS BOWDEN (Detective Officer). The prisoner was given into custody on 19th May—I saw Mrs. Botto and Mrs. Pennymould pick him out—Mrs. Botto referred to a short man as the one who ran away—I charged the prisoner; he made no answer.
GEORGE STONE (Policeman C 193). I was on duty with another constable in Porter Street—Mrs. Pennymould called our attention to these men, and I went to the back of Prince's Row; that is a court leading into Titchfield Street—I went into a public-house to see the prisoner; I found nobody—that was about 4 o'clock—I afterwards found the bag (produced); in it was a miniature letter-box made of wood; I took it to the lady—I afterwards found a bunch of keys at No. 9; I do not know who lives there.
GUILTY . He also PLEADED GUILTY** to a conviction of felony at Brentford in May, 1880, in the name of Daniel Daley.— Five Years' Penal Servitude.
WILLIAMSON PLEADED GUILTY .
MR. HORACE AVORY Prosecuted; MR. BESLEY defended Banks.
WILLIAM PALMEB (City Policeman 464). At 7.45 a.m. on 13th May I was on duty, and passing through St. Bride Street with Holmes, I saw Williamson, who has pleaded guilty, leaving No. 19, carrying this parcel tied up in brown paper; this sack was with it—I followed him through Poppin's Court, across Fleet Street and New Bridge Street into Ludgate Hill Railway Station—he left the parcel at the cloak-room, and received a ticket for it, No. 6—after he left I went to the cloak-room and inspected the parcel—I then went back to Messrs. Macintosh's warehouse, and saw Mr. Tonge, the manager—I left the other officer to watch the cloak-room—I saw Williamson walking about the warehouse; he was called into the office—Mr. Tonge went back with me to the cloak-room, and saw what the parcel contained—Mr. Tonge returned, and I followed some time afterwards—Williamson was then in the manager's room; I had a conversation with him—I then went back and kept observation on the cloak-room till about 3.15, in consequence of what Williamson had said—about
3.15 I saw Banks produce ticket No. 6, and receive the same parcel—I followed him out into New Bridge Street, stopped him, and said "l am a police-officer, you are carrying a large parcel; where did you get it from?" he said "From the cloak-room"—I said "Doyou know what it contains?" he said "Rubber"—I said "How do you account for the parcel?" he said" A gentleman customer of mine left it at the cloak-room, and gave me the ticket this morning"—I said "That is all wrong; who is the party that left it there, and what is the gentleman's name?" he made no answer—I said "Is he in business anywhere?" he made no answer—I said" You will be charged with receiving it well knowing it has been stolen by a man named Williamson in the employ of Charles Macintosh and Co., 19, St. Bride Street; "he made no answer—I took him to the station—he was charged—the parcel weighed 26lb.—I afterwards found there was a shop at Dowgate Hill with the name of Banks.
Cross-examined. I said to Banks "Can you give me the gentleman's name?"—I did not notice that that is not in my deposition—I believe I gave it in evidence—I know I said it. to the prisoner.
FREDERICK HOLMES (City Policeman 483). I was with Palmer, and saw Williamson leave the premises with this parcel under his arm—I was left in charge of the cloak-room while Palmer went back to the premises—I was present at the cloak-room at 8.15 p.m. when Banks came up for the parcel—I was with Palmer when he arrested him in Bridge Street—Palmer said "lama police-officer, you have got a large parcel; where did you get it from?" He said "From the railway station cloak-room"—Palmer said "What does it contain?" he said "Rubber"—Palmer said "How do you account for the parcel being there altogether?" he said "A gentleman customer of mine left it there and gave me the ticket this morning"—Palmer said "That is all wrong; who is this gentleman customer of yours Is he in business?"he made no answer—Palmer said "Where are you going to take it to?" he made no answer—Palmer said "I shall take you to the station and charge you with receiving this, well knowing it to have been stolen by a man in the employ of Messrs. Macintosh and Co., of 19, St. Bride Street, named Williamson; he made no reply—he was taken to the station and charged—I was not called at the police-court; I was present all the time.
JOHN WILDING TONGE . I am manager to Messrs. Macintosh and Co., of 19, St. Bride Street; they have also a manufactory—Williamson was in their service over 30 years—these cuttings were in his charge after they came to St. Bride Street; we sell them at about 4s. 6d. a pound—on 13th May Palmer gave me information, and I went with him to the cloak-room at Ludgate Hill Railway Station—I saw the parcel containing the cuttings', and identified them—I subsequently saw Williamson, and had some conversation with him—I saw the parcel weighed; it weighed 26lb.—its value is 5l. 17s.—I have only seen Banks once previous to his being brought up—he has bought goods of our manufacture—Williamson had no authority to dispose of these cuttings—if we had known of it he would have been discharged immediately—I know Banks had a shop at Dowgate Hill for the sale of indiarubber goods—he bought some cuttings on 23rd October last—they were sent to his shop in Aldersgate Street.
Cross-examined. I know Banks is a brother of the accountant—I only saw Banks once before I saw him at the Mansion House—he was in my
warehouse—cuttings are only of use to people in the trade—the price varies according to the state of the market—they are used for making a cement for sticking.
Re-examined. Williamson was present when I saw Banks.
BANKS received a good character.
GUILTY.—Recommended to mercy on account of his character. — Twelve Months' Hard Labour.
WILLIAMSON— Three Months' Hard Labour.
NEW COURT.—Friday, May 27th, 1881.
Before Mr. Justice Field.
554. THOMAS LITHGOW (42) was indicted (with WILLIAM ROBINSON , not in custody) for unlawfully concealing part of Robinson's property, and aiding and abetting Robinson to conceal his property within, four months of his liquidation.
MR. BESLEY and MR. WOLFF Prosecuted; and MR. RUSSELL, Q.C., and MR. J. P. GRAIN Defended.
"After the case had commenced the Prisoner requested to be allowed to withdraw his plea and plead guilty; and having stated, in the hearing of the Jury, that he was
GUILTY, they found that verdict.—Judgment Respited.
THIRD COURT.—Friday, May 27th, 1881.
Before Mr. Common Serjeant.
MR. ROBERTSON Prosecuted.
THOMAS EAGLETON . I am messenger and housekeeper at 31, Old Jewry—on 17th May I was in Princes Street, City, between 12 and 1 o'clock—I saw the prisoner pushing about among the females who were getting in And out of the omnibuses—he ran up against an elderly lady, and turned away instantly with this purse (produced)in his hand—there were two ladies, and he seemed to try to get between them—I immediately cried out, "Stop him!"—he ran down Princes Street towards Gresham Street—I still halloæd, "Stop him!" and he threw this purse down behind him—I picked it up and gave it to the officer—I went behind the omnibus after the prisoner; then I went back to find the lady, but could not find her.
Cross-examined by the Prisoner. It had been raining—about eight or ten people were trying to get in the omnibus—I did not see you beg the old lady's pardon, nor stoop down underneath the omnibus; you got behind the omnibus.
Re-eocamined. I did not lose sight of him till he went behind the omnibus, and the next I saw was the constable bringing him up to me.
followed by the last witness—I ran in front of the towels head and, held my arms out—the prisoner ran into my arms—the last witness gave me this purse—it contains 18s. 9d.—there is nothing in it to indicate the owner—the prisoner said he had no fixed address.
Cross-examined by the Prisoner. You did not tell me you were running after the old lady; you said so afterwards, but not when I stopped you—you had a latch key in your pocket, a gold pin, a metal chain, and a pencil case—I found those articles on searching you; also 2s. 5d.
Prisoner's Defence. A gentleman saw me pick up the purse, but my friends told me he would not be seen in the mess. I was going to take a bus, and it being wet I tried to get inside, but was surrounded with people. The old lady dropped her purse, and I ran after her to give it to her, and was taken into custody. I have only been two weeks put of the hospital, and did not know the name of my street; so I told the officer I had no fixed address.
GUILTY . He also PLEADED GUILTY** to a conviction of felony in November, 1871, at this Court, in the name of Richard Bryan,— Five Years' Penal Servitude.
ANDREWS PLEADED GUILTY .
MR. GILL and MR. LEVEY Prosecuted.
CORNELIUS WALTER EDWARD BROWN . I am assistant to Mr. William Whiteley, of Westbourne Grove—on 4th April Buter came to our shop, and bought a coat for 35s., and other goods—he paid by a cheque, which was handed to the cashier.
MARY ANN ROBINSON . I am married, and live at 53, King Street—I know Poli and Charles—Poli lived at my house when I went there, till she was taken—Charles came to see her—Davis came once—I have seen Buter come once or twice with a customer—on the 8th April Charles asked me to goto Westminster with him as he had something to pledge, as he said "I am trying to make up sufficient money to pay a solicitor for Madame Poli"—she was then in custody—he left me outside Westminster Abbey, and told me to follow him and a Mr. Skinner over the bridge—I met them outside Astley's—one of them gave me a parcel to take to the pawnshop which we were opposite, Mr. Davison's, in the Westminster Bridge Road—I took it—it contained a coat—I was to ask 1l. or 15s.—I got 7s., and took it to Charles—I pawned it in the name of Davis—we went back to King Street, which is about 20 minutes' walk.
Cross-examined by Charles. You said Madame Poli had given you leave to take her things, but these things were not at her place; they were across the water—I do not remember you saying you took them from her place—you went to Blackfriars to a solicitor to pay two guineas.
Cross-examined by Poli. I know you worked hard.
266, Westminster Bridge Road—this coat was pawned in the name of M. Davis, on the 8th April.
MARY SOOTT . I am employed by Mr. Charles Rosalie, of 176, Regent Street—on the afternoon of 5th April Ruter and Davis came into the shop and asked for some mantles; the girl was well dressed and the man had patent leather boots and a light shower coat—I showed them some mantles—they decided to have one at thirteen guineas—I afterwards showed them some costumes—they decided to have one at 15 guineas—they made no objection to the price—the amount was 28l. 1s.—Ruter told me he would give me a cheque—I called Mr. Wilson, who brought pen and ink; he drew out a cheque, and gave it to Mr. Wilson—he asked to draw a cheque for 30l., which he objected to—this occurred about 3.30—they took the goods away in a cab—Davis and Poli came about 5.30 for a second receipt—Davis asked for the cheque, and told me the young man had left her and gone to Brighton, and she wanted a receipt for the amount—I said it was a forged cheque; she said she did not know it—I asked her to go into the office and I would give her a receipt—we sent for the Inspector—I asked Davis if she knew the man—at first she told me she had only known him for a day or two, and afterwards that she had known him for four or five months—she said that she had met him in the street—she told me he said he would make her a present of. a mantle, and he did not like the one he bought the day previous—she was wearing a black satin mantle and a black hat—this is the mantle, and this is the hat she was wearing.
WILLIAM JAMES WILSON . I am cashier to Madame Rosalie—on 5th April I saw Ruter and Davis in the show room—Ruter gave me this cheque for 28l. 7s.—I held it whilst he wrote it—I gave him a receipt—this was about a quarter to 4 o'clock—about 5.30 the two women called for a duplicate receipt—I believe it was Davis who spoke—I subsequently went the same day with Madame Poli to 53, King Street—I saw Charles and another man—Poli said to Charles she wanted the mantle, as the cheque was a forgery—she asked him where it was, and he went into the back room and fetched it; it was handed to me—Poli said she had been endeavouring to pawn the dress in Water Street, but the pawnbrokers refused to take it without a receipt—I went with her to the pawnbroker, but he declined to give it up, as the case was in the hands of the police.
Cross-examined by Poli. Charles found the mantle, not you.
WILLIAM COX . I am a pawnbroker at 79, Wardour Street—about 5.30 on 5th April Poli brought this dress to pawn for 5l.—it was wrapped up in brown paper—she said it had been bought by a gentleman and made a present to her—she said it cost 20 guineas—I asked where it was bought—she said at first at a shop in Regent Street—I asked her the name of the house; then she said it was not in Regent Street, but in Oxford Street, and she had forgotten the name—I asked her for the receipt—she said she had it at home—I sent my foreman with her for it—she returned with him and another man—the man was exceedingly indignant, and threatened to send for the police and all manner of things because I detained the things—he said he had given them to her, and she had a perfect right to pawn them—this was twenty minutes after I sent my foreman—I still kept the dress, and they left to get the receipt where it was bought—the man said he had had the receipt, but had destroyed it.
ALICE NORTH . I am a saleswoman, and was employed by Jay and Co. on 4th April—Davis and Ruter came there that day—Ruter asked to be shown some mantles—I showed them some, and they selected this one at six and a half guineas—he wrote out this cheque for 10l.—Davis chose the mantles—she said she was going away, and must take it with her.
Cross-examined by Davis. Both of you were going away, and you said, "I must take it away; I am going in a cab"—a cab was waiting outside.
JAMES WALTER PEAKE . I am manager to Messrs. Jay—on 4th April I gave instructions for this 10l. cheque to be cashed—in the afternoon of the 5th I heard something which caused me to go to Madame Rosalie's—I saw Davis and Poli there—Davis was wearing the mantle she bought the previous day—I said, "I understand you are wearing the mantle you had from Messrs. Jay yesterday; of course, under the circumstances, you have no objection to give it up?"—she said, "None whatever"—the conversation related by Mr. Wilson took place in my presence.
ELIZABETH ROW . I am a saleswoman at Messrs. Marshall and Snelgrove's—Ruter and Davis were brought to me by the shopwalker—Davis asked to see some hats—I showed them several—both of them chose this one—he asked if he might pay by cheque—I said, Yes; he might do so—I asked if I should send the hat—Davis said, No; she preferred taking it with her—I asked if they would like anything else—Davis said she would like a pair of gloves—they went to the counter for gloves.
THOMAS COOPER . I am an assistant to Messrs. Marshall and Snellgrove—on 4th April Davis and Ruter were handed over to me by Row—Davis asked to see some gloves—I showed her some black gloves; she selected one pair at 3s. 9d.—Ruter had ft cheque in his hand for 5l.—the bill altogether came to 33s. 9d.—I gave Ruter the change in cash.
WILLIAM BANKS ROBERTS . I am assistant to Baker and Co., who carry on business as tailors at 137 in the Tottenham Court Road—on 5th April Ruter purchased six shirts, a suit of clothes, and an overcoat for 5l. 19s. 6d.—he filled up this cheque, and took the goods away with him—these are three of the shirts I sold.
ELIZABETH BARTON . I live at 1, Upper Marsh, Lambeth—Charles came to me seven or eight weeks ago; he asked for Mr. Skinner, my lodger—I told him he was not in, but I expected him in a few minutes—he came again in 20 minutes; he wanted to leave two parcels—I told him he could place them outside on the landing, and when Mr. and Mrs. Skinner came home I would tell them—he went upstairs and left the parcels.
ROBERT SKINNER . I live at Mrs. Barton's, 1, Upper Marsh, Lambeth—I remember coming home and finding a box of shirts and a parcel containing two coats and a pair of trousers—the following day I saw Charles; he asked me if I had pawned a shirt for him—I said "Yes," I did do so—I pawned one that day, and afterwards others, making five, three at Mr. Bates's—he said something about a solicitor.
Cross-examined by Charles. You said Madame Poli gave you the things to get the money to pay a solicitor.
Re-examined. I only knew Madame Poli as a laundress—Charles told me Poli had got into some trouble about pawning something with Matilda Davis; I did not ask what it was—it did not strike me as curious why Charles did not pawn the things himself—I did not think about it because
Charles was intoxicated when I saw him—I pledged the coat and two pairs of trousers on the same day at three different pawnbrokers—I gave the money to Charles—he gave me two or three drinks for doing it, that was all—I do not know that I pawned all the things on the same day—I slept at Poli's several days—I did not know anything of her.
JOHN DOWDELL (Police Inspector). I saw Ruter on the 30th April, and took him into custody—I took Charles on 26th April in Rochester Row—I said, "I shall take you into custody, and charge you with being concerned with Madame Poli, Davis, and the man passing as Oscar, with forging and uttering cheques from a cheque-book that has been stolen from Captain Osborne, and obtaining goods from various trades people by the cheques and pledging them, or causing them to be pledged by Mrs. Eobinson, of 53, King Street, Soho, a coat having been obtained from Messrs. Whiteley, and some shirts from Messrs. Baker and Co. in the Tottenham Court Road"—he at once made a dart to try to get away—I said, "That is no good"—he said, "I know nothing about it; I have never pledged anything or caused anything to be pledged"—I then took him to the station—I said, "You will be charged, and taken to Marlborough Street"—he said, "I took Mrs. Robinson over to pledge them, but I did not know they were obtained by forged cheques"—he said they belonged to Madame Poli and to a man he knew as Oscar.
Cross-examined by Charles. I had been to your place at 53, King Street—I made inquiries on 26th April.
HENRY MARSHALL (Police Inspector). On 5th April I went to Madame Rosalie's shop; I saw Davis and Poli—I said to Davis, "I am an Inspector of Police; I shall take you into custody for being concerned with a man calling himself Oscar in obtaining goods from various tradesmen by means of forged cheques"—she made this statement, which I reduced to writing there and then: "I have known Dave" (she called him Dave and I called him Oscar) "about five months. He came to 53, King Street two days ago yesterday. He told me to wash and dress, then he would take me out and make me a present of a mantle and dress. We first went to Jay's about 3 p.m. I got a mantle from there for six and a half guineas. We paid by cheque. Then we went to Marshall and Snellgrove's, and bought a hat and a pair of gloves. They came to 33l. 9d. We paid by cheque. We then went to a tailor's, I think it was Whiteley's. He got a new hat, top coat, and pair of boots. He told me he paid by cheque. To-day, at 3.30, I went with Dave to Madame Rosalie's, at 136, Regent Street" (that is where she made the statement). "He told me he would buy me a mantle, and he done so, and paid 12 1/2 guineas for it. He bought me a dress as well; the bill came to 28l. 7s., which he paid by cheque. We then went to 53, King Street, taking the things between us. I took the dress out of the box and gave it to Madame Poli to pawn—Madame and I then went to the pawn-shop at the corner of a court in Wardour Street—I waited outside, and Madame went in to pawn the dress, but she came out and told me that they wanted to see the receipt. We then went back to 53, King Street, and not being able to find the bill, Dave, Madame, and I came to 136 for another, Dave waiting outside. He remained at 53, King Street while we went to pawn the
dress." Subsequently she said she did not know the things were obtained by a forged cheque—Poli heard part of this statement, but Dowdell was speaking to her at the time—we took them to the station.
In defence, Davis repeated her statement to the officer. Charles said what he had done he had done innocently. Poli that she had done Ruter's washing for five or six months, and did not know anything about the false cheque; that when she was locked up she said Charles had better pledge her things to pay a solicitor, and to keep them while she was away.
DAVIS received a good character as a domestic servant— NOT GUILTY .
He also PLEADED GUILTY to a conviction of felony in March, 1879, at this Court.— Five Years' Penal Servitude.
POLI— GUILTY .— Discharged on her own recognisances of 20l .
CHARLES— GUILTY .— Twelve Months' Hard Labour.
MESSRS. GILL and LEYEY Prosecuted; MR. ROBERTSON Defended.
SARAH PILE . I am assistant warder at Westminster Prison—the prisoner was in my custody from 8th to 17th May—on the 9th she had been undergoing a sentence of 14 days' imprisonment for wilful damage—she was put into the refractory cell—I let her out into the yard for the purpose of cleaning the utensils—she was not going back in her cell again—I told her to come in immediately—she said she should not do so, but should remain out for half an hour—that is the time allowed for exercise, but she was not entitled to any exercise at all, as she was under punishment—whilst I was locking the doors and serving the suppers, and not five minutes after I left her, I heard some glass—I went to see what it was, and saw the prisoner breaking the cell windows with her utensil—it is made of zinc—I fetched a male warder—when we returned she was breaking the windows with a drain trap—when she saw the male warder she threw the drain trap into the back garden—she was put back into the refractory cell—13 panes of glass Were broken in nine cells—that occurred about 10 minutes to 5 o'clock.
Cross-examined. The prisoner Was under my charge one day.
RICHARD GOVIER . I am a warder at Westminster Prison—on 9th May I was called by the last witness—when I got into the yard I saw the prisoner throwing a drain trap at the cell windows—I took her into the cell.
ANN FLINT . I am wardress at Westminster Prison—about 8 p.m. on 9th May I went to give the prisoner her bed, accompanied by warder Green—I noticed a smell of burning in the cell—I found her handkerchief burnt, as well as part of her petticoat—this is the only piece saved of the kandkerchief; the petticoat is one width partly burnt—she had several matches upon her, which were all used—I said, "What have you been doing?"—she said, "Nothing"—she afterwards said it was an accident—that was in reply to the chairman—she said she was trying to light a cigarette to smoke, and a spark accidentally dropped and set fire to her clothing—I found no tobacco.
Cross-examined. The prisoner was not allowed her bed till 8 o'clock as she was tinder punishment—the cell was all right about 7 o'clock, and I
noticed no smell then—the cell is about as big as the jury box—eight or ten matches had been destroyed.
GEORGE GREEN . I am a warder at Westminster—on the evening of 9th May I accompanied the last witness to the refractory cell—I smelt a burning—I saw the remains of the pocket handkerchief—it fell to pieces when I picked it up—I went out of the cell while the prisoner was being searched—I afterwards searched the cell; I found some pieces of matches, and pieces of a match box—all the matches had been lit; about eight or ten of them.
Cross-examined. I came to the cell at the request of Flint—the burned matches were lying some on the floor, the remainder must have been brought out of the cell with her.
GEORGE ROBSON (Police Inspector). On 17th May I took the prisoner into custody as she was leaving Westminster Prison on the other charge—I said, "I shall take you into custody for wilfully breaking 12 panes of glass, and also having matches in your possession"—she said, "I would not have done it, only I was accused of stealing potatoes"—I took her to the police-station, where she was charged with setting fire to clothing—she said it was an accident; she was only having a smoke.
Prisoner's Defence. It was positively an accident.
NOT GUILTY .
MR. HEWICK Prosecuted.
WILLIAM RUSLING . I am a chairmaker, at 8, Gibraltar Walk—on 8th May, about 3.30, the police woke me out of my sleep—in consequence of what they told me I examined my room—I missed a teapot, a clock, and 7s., and when I went to the station the prisoner had my coat on—I locked up the place safely at 20 minutes past 12 o'clock—the articles produced are mine.
Cross-examined by the Prisoner. I did not see you in my house, I was asleep.
BENJAMIN BRITTON (Policeman H 219). On 8th May, about a quarter to 3 o'clock, I saw the prisoner in Edward Street, Bethnal Green, with a clock and a teapot under his arm—that was about 250 yards from the prosecutor's house—I took him into custody—on the way to the station he dropped some of the goods and ran up Tyson Street—I caught him—I took him to the station—I subsequently searched him and found some bill-heads on him of the prosecutor's—the prosecutor came and identified the goods, also the coat the prisoner had on—the street-door of the prosecutor's house was unlatched.
Cross-examined. I asked you where you got the goods from, and you said you picked them up at the corner of the road—I only found 2 1/2 d. in money on you.
Prisoner's Defence. I had had a drop of drink, when I found these things under a wall and I put the coat on. When the policeman stopped me I said I found them. I walked sharp across the road, but did not run. I never felt in the pockets of the coat or anything.
GUILTY . He also PLEADED GUILTY** to a conviction of felony in November, 1878, at Clerkenwell, in the name of Walter Fuller.— Five Years' Penal Servitude.
NEW COURT.—Saturday, May 28th, 1881.
Before Mr. Recorder.
MR. BESLEY Prosecuted; MR. MEAD Defended.
ROBERT JOHN LETTICE . I am the pariah clerk of St. Pancras—I have brought the register-book of 23rd October, 1862, of which this certificate is a correct copy. (The certified the marriage of Ebeneser Robinson, bachelor, of full age, law clerk, and Fanny Martha Weatherell, spinster, minor, on October 23rd, 1862)—I have no recollection of the marriage, but I know I made the entry in the book.
MARIAN BOSWELL . I am the wife of Adolph Boswell—my first husband was a brother of Ebenezer Robinson—I saw the prisoner on the day of her marriage to my brother-in-law—I was not at the church, but I saw them on their return, and they lived under the same roof with me for some little time—Mr. Robinson, my brother-in-law, was shown to me standing in Clerkenwell Police-court on the occasion of his being committed for trial—this is Ebenezer Robinson's signature, the person who lived with the prisoner as her husband.
Cross-examined. I was told that Ebenezer Robinson went abroad, and had no reason to disbelieve it—I do not know where he went—I last saw him 18 years ago, when he went away with his wife—they must have left my. house the last week in February, after they were married in October, and after that I did not see him—I did not see Mrs. Robinson again till three weeks ago.
ELIZA ANN PROTHEEOE . I am the wife of Henry Pothered—Ebenezer Robinson is my cousin, I see him in Court now—I was married in October, 1867, and in that year I had a lady friend up from the country and went with her and my husband to the Argyll Rooms to see what they were like, and while there Mrs. Robinson, who I had never seen before, caught hold of my arm and said "Who are you?"—I said "This is my cousin, I don't know you, I am his wife," and we got out quietly—I never saw her again till she was in custody, but I have seen him three or four times—I saw him up to 1872—he was living in lodgings in London—his mother told me that he went to Canada for a short time.
Cross-examined. His mother told me of his first marriage—I saw him several times before 1867; he made my father's will in 1866, when he died—when I came to London, in 1866. his mother told me that his wife had paid a visit to America, and told me not to repeat anything to him, as it would upset him—she herself explained at the Argyll Rooms who she was; she said "I am his wife," and I went away believing that she was—there was a good deal of excitement and I was very glad to get away—Ebenezer Robinson was the only gentleman with me that evening, and there were two ladies—we went to a theatre first, but being too late, we went there—I cannot say whether I was married or single then, it is 14 years ago—I was married in 1867.
Re-examined. I am sure it was in the same year that I was married; it may have been in September or October. (MR. BESLEY here put in a certificate of the marriage of Henry John Baker, bachelor, of 142, Hampstead Road, and Fanny Martha Robinson, widow, of the same address, at St. Mark's, Oakley Square, on December 3, 1872.
HENRY JOHN BAKER . In 1871 I was a banker's clerk, and lived at 142, Hampstead Road—I lived there on two occasions before my marriage—other clerks lodged there—the prisoner kept the house, and I married her—she described herself as a widow, and I had no reason to believe that she was not—I cohabited with her till November, 1879—we had no children—we then separated, and I made her an allowance till I found that Ebenezer Robinson was alive; that was in March, 1880—she frequently came to where I was employed and caused some annoyance, and I had no option but to give her in custody.
Cross-examined. I first met her about August, 187, about 16 months before I married her.
GUILTY .— To enter into recognisances.
MR. HOFFMEISTER Prosecuted; MR. FRITH appeared for Merlin, and MR. LEVEY for Small.
GULLIVER OLIVER . I am a jeweller, of 68, Castle Street—on Sunday morning, 8th May, at about 12.45, I was with Mr. Noel in St. Martin's Lane—I crossed the road near a coffee-stall, and the three prisoners rushed at me and pulled my watch-chain—I kept my hand on my watch, and held the chain in my hand—I knocked them off with my umbrella—I was knocked down, and they took 15s. in silver and some copper from my right trousers pocket—I cannot speak to any of the prisoners.
Cross-examined by MR. LEVEY. I am sure my money was in my pocket, but I can't say how long before I had examined it—I had been out spending the evening.
THEOPHILE NOEL . I am a bedding maker, of 108, Long Acre—on 8th May, at 1 a.m., I was with Oliver in St. Martin's Lane, a few paces in front of him—I turned round and saw a scuffle—my bat came off-some girls ran away, and we chased them up Long Acre—I can't swear to any of the prisoners, but I saw Burke and Small taken.
ARTHUR TROTT (Policeman C 131). I was on duty in St. Martin's Lane, and saw Oliver and Noel there—I saw the three prisoners and several others round a coffee-stall—as Oliver passed Murnin went in front of him and struck him on his left breast with his right hand, and the two female prisoners and another female went in front of him—Burke snatched at his chain and broke it—several persons went to their assistance and joined in the attack—I saw Oliver on the ground, and the three prisoners and several others on top of him—I went up, and they ran away—he complained to me and another constable, and we ran after them—I caught Burke—she said "I never touched the money; 1 have only just come out to look for my sister"—that was in Long Acre, 50 or 60 yards from the coffee-stall—I took her to the station, and saw Murnin and several others outside—I told another constable to take Murnin.
Cross-examined by MR. FRITH. There might have been 15 persons attacking Oliver, but not at first—there was a good lot round the coffee-stall—I identified Kirkland and a lad named O'Donnell at the police-court—I told the magistrate I was perfectly sure of Kirkland being one who attacked the prosecutor, but the Magistrate discharged him—he followed us to the station, crying "Lynch him"—there is one whelk-stall
in the neighbourhood—I saw Evered, a chimney sweeper, about 25 minutes before this—I had then got fire persons in custody—I did not say that I had got the wrong persons—I went to ask him if he would identify the prisoner, but I could not find him—he was called afterwards as a witness for the defence—Burke lives about 80 yards off.
Cross-examined by MR. LEVEY. I was between the coffee-stall and the place where the assault took place—20 people were round the coffee-stall coming and going.
Re-examined. A number of persons set on the prosecutor, but I am quite certain the three prisoners were there, I know them well.
Cross-examined by MR. LEVEY. I have said that I took Kitty Burke, but I made a mistake in the name, I meant Small.
Cross-examined by MR. LEVEY. I said before the Magistrate that I found nothing on the other prisoner, but I had forgotten it, I found 4s. 6d.
NOT GUILTY .
MR. DOUGLAS Prosecuted; MR. FILLAN Defended.
WILLIAM BLAKZWELL . I am a labourer, of 3, Lower James Street, Camden Town—on 4th May, about 1 a.m., I was at the corner of James Street, and saw the prisoner, whom I know, talking to two men—they went away, and I then asked him for a bit of tobacco—he said, "I have not got any to give you; I have not forgotten the old grievance when you lodged with me"—we had one or two words, and it very nearly turned to fighting—he said, "If you touch me I will stab you through your b——heart with this knife"—he had a knife in his hand—I stayed talking to him for a minute, and he said, "If you move another inch, I will do it; you may look, I mean it"—he came near and flourished the knife—it was not open—I tried to protect myself with my hands, and lifted my foot to keep him off—I backed and so did he at different times, and at last he bobbed down, and said "Take that"—he stabbed me in the thick part of my thigh with the knife, and ran away—it bled very much—a policeman took me to the surgeon, who dressed the wound—I was in the hospital in bed a fortnight, and came out on Monday—I am an out-patient now.
Cross-examined. I have not a single person here to corroborate my statement—I have worked for Mr. Scrivener, of Whiteford Buildings, on and off for two years—it was about 12 months since I worked for him regularly—I was not discharged for being drunk and violent, and assaulting everybody, and knocking my fellow-workmen about—I was also employed at Stoke Newington for a month by another builder—I have not been in employment since Christmas—I mentioned at the police-court the words "I have not forgotten the old grievance"—it was some quarrel among relations, and he wanted to interfere—I told him to mind
his own business, or I would punish him—it did not come to blows—it was four or five months ago—when he said, "I have no tobacco for you," I do not recollect saying, "And you never have when I want it"—I don't recollect his saying, "Why don't you work and get your tobacco"—I did not then strike him on the left eye and kick him in the stomach before he could recover himself, nor did he then take out the knife and say, "If you come near you will get cut"—it was not in kicking him that I got this out—I am not so powerful a man as he is—I will not swear that my boot did not touch him when I lifted my foot up—I moved backwards—he dared me to come near him, or to go away from him.
By the JURY. When he came forwards I tried to hit him and knock the knife out of his hand, and then he stabbed me—he did not stand still with the knife, he walked all round me.
Re-examined. I tried to knock it out of his hand—I had not hit him before he drew the knife; I tried to hit him afterwards, but I did not, nor did I kick him at any time.
DENIS SIDNEY DOWNES . I am a surgeon, of 55, Kentish Town Road—Blackwell was brought to my surgery about 1.30 on 4th May suffering from a wound in his left thigh, about six inches from the joint; it was punctured and incised, there was very great hæmorrhage; it was about 2 1/2 inches deep, and might have been inflicted with the large blade of this knife—it was dangerous from its position and from the hæmorrhage; it was very near the femoral artery, and if it had punctured that he would have died in the street—I sent him to the hospital.
SAMUEL LEONARD MATT (Policeman Y 206). I was called, and found Blackwell bleeding, and took him to the surgery, and afterwards to the hospital—I afterwards went to the prisoner's house in Kentish Town, and found him in bed—I told him I came to arrest him on suspicion of stabbing William Blackwell; he said "There is no suspicion, I have done it"—I asked him for the knife; he gave me this knife, it was shut.
Cross-examined. I did not know him—he works at Mr. Johnson's, a furrier—his father and mother are respectable.
GUILTY of unlawfully wounding. — Six Months Hard Labour.
MR. ATTENBOROUGH Prosecuted.
ELLEN BRADLEY . I am single, and live at 2A, Queen's Place, Islington—on the night of 15th May I saw the house fastened up—I went to bed about 1 o'clock—the back door fastens by a bolt inside; it could not be opened from outside.
WILLIAM LEWIS . I live at Miss Bradley's house—on 16th May, about 3.80 a.m., I was awoke, and noticed the prisoner in the doorway of my room—I jumped out of bed, and he ran away—I pursued him to the front door and into the street, and lost sight of him—I gave an alarm, and saw a policeman follow in the direction in which he had gone.
ANDREW GRIFFITHS (Policeman N 92). On 16th May, about 3.45 a.m., I was on duty, and saw the prisoner run from the street door of 2A, Queen's Place, about 20 yards from me—I gave chase, and Grace accompanied me—after running about half a mile the prisoner ran into a mews and over several walls, but I took him, brought him back to the house, and found the back door wide open—he said "A man named Griffin
opened the door of 2A, Queen's Place with a false key and went in, and I went in after him, when the man in the house said 'Who's there?' I ran out at the front, and the other man ran out at the back, but we meant to have something."
MARK GRACE (Policeman N 141). I tried the front door of Miss Bradley's house about 3.15 a.m., and found it securely fastened—about a quarter of an hour afterwards I saw the prisoner run out of that door—he said at the station "You ought to have had my pal, as he has got the tools, a jemmy, crowbar, and skeleton key, and he was at the rear of the house when I ran out at the front door."
GUILTY .**— Twelve Months' hard Labour. (There was mother indictment against the prisoner.)
THIRD COURT. Saturday, May 28th, and
OLD COURT, Monday, May 30th, 1881.
Before Mr. Common Serjeant.
ALEXANDER WRIGHT COWAN . I am a publisher at 30, New Street, Blackfriars—on 9th April the defendant was in my service as a canvasser—he was paid by a commission on the orders he obtained—on the 9th April he handed me this list of 11 names in his writing as orders—if the list were genuine 1l. 9s. 6d. would have been due to him, after deducting 14s. 9d. for risks—being a married man I also paid him 2s. 6d. for lodgings—on the 12th May, in consequence of what I discovered, I put the matter in the hands of the police—some of the names in a previous list could not be found, so I seized this list—he said "Will you pay me this commission?" I said "Certainly not, I have information that some of your last orders cannot be found, and I intend to keep this till I get a proper report"—he said "We are very poor at home, and have no money;" I said "Well, I will give you a sovereign," and I gave him one—I did not see him again till he was in custody.
Cross-examined by the Prisoner. I did not arrange for you to pay the money back 5s. weekly; that arrangement had nothing to do with this case—no conversation took place in this case about 5s. a week.
Re-examined. The whole list of names is fictitious, not one of them could be found.
GEORGE SAMUEL MEILEAR . I live at 100, Waterloo Street, Camberwell Green—I am assistant to Mr. Cowan—on 9th April, in consequence of instructions from Mr. Cowan, I paid the prisoner 1l. 12s., including 2s. 6d. for his lodgings.
GEORGE FREDERICK KIDD . I live at 179, Albany Road, Camberwell—I am a book deliverer in the service of Mr. Cowan—on the 10th May, acting upon instructions from Mr. Cowan, I went to Shortlands with this list of orders—I went to the house named, and could not find the persons named there—I could not find two of the houses—I could not find Carisbrook House nor Mr. Ellesworth.
Street, Camberwell, and charged him with obtaining 1l. 9s. 6d. by false pretences from Mr. Cowan, of 30, Bridge Street—he said "There is a little difference between us relating to money, I am sorry for it"—I had been looking for him a couple of nights.
Prisoner's Defence. I acknowledge these are fictitious. The system of the trade is lying and cheating. The orders are got principally from servants, who are persuaded to give an order, being led to believe there are only 12 parts when there are 50, and these people refuse to continue the work, and a threatening letter is sent to them. The consequence is the person who ordered the book at an extravagant price cannot always be found.
By the JURY. He served the first part himself, and paid for that.
GEORGE KNIGHT . I am a bookseller's agents living at 177, Nassau Road, Plough Lane, Clapham Junction—on 6th April I engaged the prisoner as canvasser, to be paid by commission of 12 1/2 per cent, upon all sales—I went round with him, and entrusted him with only one book at a time, a Bible or an album—we worked together, he would take one side of the street and I another—between 8th April and 12th May I entrusted him with 10 Bibles at 3l. 3s. and five musical albums at 2l. 10s.—in each case he brought me an order as if he had sold it—I have since seen two of the Bibles and one of the albums at a pawnbroker's—I identified them as mine—lie had no authority to pawn them—when he told me he had sold one I gave him another book—I usually allowed him to keep the orders and give them to me altogether at the end of the week—I should not have given him a second book unless he represented he had sold the previous one—on 13th May some one representing herself to be his wife made a statement to me, and handed me 15 pawn-tickets for 10 family Bibles and 5 musical albums—I handed them to the detective—three of the tickets relate to these three books (produced).
Cross-examined by the Prisoner. The orders are in your writing, at all events you brought me the signature—I have not the 15 signatures here—I swear I had 15 orders from you—the orders have been returned to me through the Dead Letter Office—I paid you the commission—I had my goods from Mr. Stone, and if I employed you that has nothing to do with Mr. Stone.
FREDERICK ROBERT OHLSEN . I am a pawnbroker, of 214, Cold Harbour Lane, Brixton—on 28th April one of these Bibles was pledged with me by a man in the name of Marshall for 10s.—I do not recognise the man.
JAMES BUSSELL . I am the son of Mr. James Russell, of 307, Walworth Road—this album was pledged with me on 23rd April last in the name of Frederick Charles for 7s.—6d. more would be the value of it to us.
FREDERICK WILLIAM MASSEY . I am assistant to Mr. Joseph William Folkard, of 16, London Eoad, Southwark, pawnbroker—on 10th May one of these Bibles was pledged with me for 10s. in the name of Charles Marshall—I gave the man a ticket—I believe it was the prisoner, but I cannot positively say.
13th May—I produce eight—three of them relate to the two Bibles and the album produced, the others are given up the pawnbrokers—I have the books in my possession at the station—I arrested the prisoner.
Prisoner's Defence. I was never in Mr. Knight's employ, I met him originally at Mr. Cowan's, and as he was obliged to leave he persuaded me to leave also, and to go and work with him through the country during the summer at a percentage. We were quite friends, and he allowed me so much a week. The orders are left on approbation, and when the people will not pay we have to refund the money. Mr. Knight has done the same himself—he has pledged them and redeemed them.
GUILTY *. He also PLEADED GUILTY to a conviction of felony in June, 1880, at the Survey Session.— Eighteen Months' Hard Labour.
MR. FULTON Prosecuded; MESSRS. PURCELL and WITHERBERR Defended.
HENRY ALFRED STACEY . I produce the file of proceedings in the liquidation of John Cross—the petition is dated 25th February—he is described as a boot and shoe manufacturer, of 39 and 40, Tabernacle Walk, Finsbury—the unsecured creditors amount to 2,058l. 14s. 4d.—debts for rent, rates and taxes, 2,264l. 11s.—the secured creditors as per list B, 167l. 17s. 4d.—value of the securities, 40l.—the assets are stock in trade, fixtures, &c., 284l. 3s. 3d.—property as per list G, 19l.—book debts, 504l. 17s. 9d.—estimated to produce 166l. 11s. 5d.
JOHN LEVERETT SMITH . I am the prosecutor in this case—I am a leather merchant, of 204, Bermondsey street—I made the acquaintance of Mr. Cross in June, 1880, when he gave me an order for 3l. 10s.—that was not paid—I had several transactions with him subsequently—he owned not successful—at the close of the year he gave me a bill for 23l. at three months, which was subsequently met—on 15th January last I called on him for balance of my account—I pressed him for the money—he said, "I have not got any, but I will pay you by and by, and I will give you another order"—I said I would not take any other order till that one was paid, as it had been owing six months—I then remarked, "I only do for safe houses"—he said, "You need not be afraid, I am all right"—I did not supply him with goods again—Mr. Hoskins managed his business—he told me he was the prisoner's son-in-law—I had mostly done business through him—Hoskins came to my house and asked to be allowed to look at some kid calf—I also supplied glace or polished kids—I took Hoskins to the stores and showed him some calf kids—he ordered some, and we came downstairs into another part of my warehouse, where he asked to see some glace kids—I showed him some, and he gave me an order for 20 dozen—this order brought up the total to 118l. 12s.—the order was for 55l. worth upstairs and 63l. downstairs—I parted with my goods because he said he was all right—I relied upon his assurance—I had a conversation with Hoskins afterwards, when I refused to execute the order for the 118l.—I said it was such a large order, and I had not received any money, and I said, "You know Mr. Cross's position; is he solvent?" or words to that effect—he said, "You need not be frightened"—I did execute the order on 21st January to the extent of 55l. 7s., and 63l. odd on 7th Februyary—these are the acknowledgments of the receipt of the
goods—it would require seven or eight times the amount in wages and other material in order to use up the goods I supplied—on 25th February I received notice that the creditors had filed a petition—the goods were delivered at Tabernacle Walk—when I received the notice I went there—I saw Hoskins and Cross—I said, "You have let me in for a nice mess now"—Hoskins said, "I do not know what you mean"—I showed him the notice—he said, "I could not help it"—I said, "Where are my goods?"—he said, "They are all cut up"—I said, "They could not be cut up in this time"—then I went away—this conversation took place in the warehouse—I did not see my skins at all—the warehouse was empty except a few boots, two or three dozen—I have been to the warehouse six or seven times—I could not see where the men were at work.
Cross-examined. When I first knew him I believe he had a good reputation in the trade—this prosecution is not that of the Protection Society, nor ordered by the Bankruptcy Court—I shall have to pay the costs—he said he could not pay on 15th January—trade has been bad for some time, but it is better now—I said I wanted to get my money because I was short—he said, "I will pay you as soon as I can"—I have not seen my skins since I sent them in—I looked round the premises for them, I did not go in all the rooms—I did not take steps to go over the premises—he did not ask me to give him a little more time, but he said he would pay by-and-by.
Re-examined. I did not know the prisoner had filed a petition in 1872, when his unsecured creditors were 161l. 3s. 4d., and that he made a composition of 5s. in the pound, payable at three, six, and nine months, but know it now.
The prisoner received a good character.
GUILTY . To enter into his own recognisances of 20l. to come up for judgment when called upon.
MESSRS. SIMS and FITZGERALD Prosecuted; MR. FILLAN defended Johnson, and MESSRS. PURCELL and LITTLETON defended Reading.
BENJAMIN BLAIBERG . I live at 8, Store Street, Bedford Square; I keep the West of England Loan and Discount Office—about 6th December a Mr. Coghlan called and asked me if I would entertain a loan of 200l. to his landlord, Mr. F. Reading—I said I should be pleased to entertain the application if the security was good; I asked what references he could give me—he said, "You do not want much reference, if you refer to the Directory you will find his name there; he has been a householder for many years, and all the furniture belongs to him at 7 and 9, Lancaster Road"—I referred to the Directory—he arranged for me to send some one in the afternoon—I sent Mr. Cook—the next day I went myself, between 11 and 12 o'clock, to No. 7—Johnson opened the door—I asked if Mr. Reading was in; she said, "No"—I said, "Can you tell me where he is; I have called in reference to a loan he required"—she said, "He told me he expected somebody; kindly take a seat in the front room"—I said, "Does this furniture belong to Mr. Reading?"—she said, "It does"—I said, "Is he the householder?"—she said, "He is"—I said, "May I
ask who you are?"—she said, "I am his housekeeper"—I was there about ten minutes—I then went by the side of the stairs and told her I could not wait, I would call back in half an hour, and told her to ask him to wait, as I had called according to appointment—when I returned I saw Harris in the front room—I said, "I have called respecting the loan; I have called to see the furniture in reference to the application for 200l."—I had not seen Harris before—he took me upstairs, and showed me some of the bedrooms—when I came down I said, "I should like to see the receipts, for the rent and for the furniture and whatever receipts you have—he gave me these receipts (produced) out of a side table. (For rates, 10l. 9s. for a quarter's rent due 29th September, 1880, 31l. 10s.; and one of 23rd June, 1877, signed by H. Jackson, for furniture)—I saw a woman moving about at the end of the passage, who he said was his aunt—I asked Harris, and he said his name was Reading—I told him to come to my office with the receipts, and I would consider the advance—he came that day, and executed this bill of sale (produced, dated 17th December: on the furniture at 7 and 9, Lancaster Road, Nothing Hill, and signed Francis Beading)—I advanced 100l., not the whole sum then, as he did not bring he receipts—he had 50l. then; the next day he brought a receipt and I gave him this cheque for the balance—I next saw Harris when he came to my office on 23rd December—he asked if I would let him have a further sum of 10l.—I said, "I do not care about doing any further transaction at present, but if you can get anybody to sign with you I shall be pleased to let you have it—he said, "I have a friend outside who is a Householder, and he no doubt will sign; I will go and ask him"—he went out, and returned with a man named Thornton—they signed this promissory note, Harris as P. Reading, and I let him have the 10l.; it was to be charged the furniture—while the negotiation was going on, Cogahn came into the front office—I said, "Do you know Reading is inside there?"—he said, "No; I did not"—I said, "He wants a further loan of 10l.; is he right for that amount?"—he said, "Well, you have been through the furniture; you cannot have any fear at all in the matter"—this cheque is part of the 10l. I paid, the rest was in cash. (This was in favour of F. Reading and H. Thornton, and endorsed by them)—Mr. Coghlan brought the cheque back as part payment of the first instalment under the bill of sale, with 3l. in gold, making 8l. of the 10l. due on 7th January—later on, either in January of February, Coghlan and Harris came again, diong any further loans—Harris said, "Can you refer me to anybody that would make me a further advance of 100l.?"—I said, "There is an agent named Cogswell who negotiates loans"—they came again and said, "If you will call on Mr. Isaacs, who negotiated that loan, he will pay it out"—I called upon Mr. Isaacs for the amount of my claim—he made a communication to me, in consequences of which I told Harris that Isaacs had told me that he had written a letter to the landlord, who had written mback to him to say that he had recognised Mrs. Johnson as the landlady—I then said to Harris, "You told me that you were the householder"—he said, "It is all right, Mrs. Johnson, my aunt, has nothing whatever to with it"—I then said, "I will have nothing further to do with the business, unless Mrs. Johnson herself will sign"—that occurred about 6th or 7th February, it was the day the second bill of sale was signed—Harris said, "Let us go into the figures, and see what advance you will make"—he
went into my private office, and I arranged to make a further loan of 70l.—Harris said, "Now, when will it be convenient for you to send your solicitor and clerk to get this bill of sale attested? she never leaves the house; she has undertaken to look after the house for me, and to look after the lodgers"—I sent a solicitor and a clerk named Phllipson for the bill of sale—he brought back this bill of sale. (Dated 1st February, for a further sum of 71l. 10s., the amount to be repaid being 280l.)—the interest was about 25 per cent.—Phillipson made a communication to me, in consequence of which I sent him back with another clerk—two or three days afterwards I went and saw Mrs. Johnson—I said, "What is the meaning of this?"—she said, "You have nothing to do with the furniture here; you have been had; you have not got the right Beading?"—I said, "What did you mean by telling me he was the householder and you were his housekeeper, and the furniture belonged to him?"—she said, "I did say so, but I was not obliged to tell you," and she walked out of the room—I called her back and said, "Have you a portrait of the original Mr. Reading?"—she said, "No"—I said, "Surely you have got a portrait of your nephew in the house?"—she said, "Well, I will go and see"—she went out and brought photographs of three men—I had asked her, "What sort of a man is your nephew?"—she said, "He is a clean-shaved man"—when she brought the photographs, I asked her to point out her nephew, and she pointed out some one with a beard—I said, "You told me your nephew was clean shaved?"—she looked again and said, "Oh, I have made a mistake; it is the middle one"—I looked at the middle one—I said, "You are playing some game with me; I must have something to show this furniture belongs to you; unless you show me or give me' some note that it belongs to you, I shall instruct the auctioneer to take possession"—she said that it was hers—I said, "Let me have a paper to show that you claim the property—she was reluctant to do so, but she afterwards showed me this paper. (Read: "I, Mary Johnson, do claim all the furniture at 7, Lancaster Road, and formerly 7, West-bourne Road, Lancaster Road, which I have paid for, and can show bills to prove. Mary Johnson, 7th February, 1881.") I said, "I must see Reading; I have asked three or four times, and cannot get to see him; I must place the matter in the hands of my solicitor"—I asked where Mr. Reading was—she said, "Oh, in Oxford; sometimes he goes away for weeks and weeks; it is very difficult to see him"—I asked who it was that signed—she said it was a man named Harris—I said, "Does he live here?"—she said, "No; he does not"—I said, "Well, it is jolly strange Mr. Harris should show me right over the house, living here, and being well acquainted with it"—she smiled—Reading subsequently called at my office and said, "Do you know me?"—I said, "No"—he said, "Have I signed anything? because I have never seen you before; I am Mr. Reading"—I said, "Are you Mr. Reading; I have just received an anonymous letter showing that you are implicated in the matter, although you have not signed the paper"—I knew the writing of the letter; it was the same party who signed the deed—I showed him the letter and said, "Here it is, showing you are a party to this affair, and that you changed the cheque at Mr. Rowley's, the pawnbroker's—he said, "Did I?" and walked out—I told him I would take proceedings against the whole lot—on 1st February I advanced 6l. 10s. in cash, and I gave him a cheque for 10l. marked "Not negotiable"—I have seen that cheque, in the
solicitors' and in the Counsels' possession to-day—I gave that cheque at the time the second bill of sale was signed—I have only received the 5l. cheque which was returned and the 3l. installment—when I advanced the money I believed Harris was Reading, and that he was the householder of 7 and 8, Lancaster Road, and owned the furniture there—I also believed that the receipts he produced were the real receipts of the landlord, and that the bill of sale which he gave was a real bill of sale, and was a valid security over the furniture in the house, and that the woman who signed the bill of sale was Mary Ann Johnson—it was owing to this belief I advanced the money.
Cross-examined by Harris. I received a statement from you before I took proceedings—Mrs. Johnson represented herself as Beading's housekeeper—8l. was paid, by a 5l. cheque and 3l. in cash—you said that the bankers had received a letter from Beading, asking them to stop payment of the cheque, and they said they could not do it without your permission; I said, "Is there anything the matter with the cheque that you can stop paying it, in the meantime I will write to Mr. Reading to know the reason;" they said, "The endorsement is irregular, and if you like we will stop it upon that"—I told them to do so, and wrote to Mr. Reading, telling him we had stopped the cheque, and to let you know what we were to do—I addressed the letter to 79, Lancaster Road, and heard nothing till Mr. Coghlan came back and brought me the cheque with the 3l. instalment, and said, "In reference to your letter, it does not matter now about payment, Mr. Reading has returned it to me to pay the instalment"—I know that Mr. Bowe, the pawnbroker, had the cheque from Beading of my own knowledge.
Cross-examined by MR. FILLAN. I have been a money-lender about three years on my own account—I have been four or five years in the business, and have had a great many cases of money-lending, in each of which I have made a great many inquiries, and have been to the houses of different people to see that things were right—I have had a great many conversations with a great variety of people in those cases; I did not take notice of them—I had nothing to do with Thornton till he became a witness—I never saw a woman named Saunders; my clerk did—Coghlan told me that Mr. Beading was landlord of 6, 7, and 9 Lancaster Road; he did not mention Mrs. Johnson then; I only referred to one directory—Mrs. Johnson opened the door when I went; she was rather inquisitive, and said, "Who are you?"—she said she expected somebody: I had nobody else to make inquiries of—I am almost positive I told her that Mr. Beading wanted a loan; she might have been a ledger for what I knew—I adhere to the statement I made at the police-court—I said, "Can you send anybody for them?" she said, "Nobody is in"—I said, "I will call in half or three-quarters of an hour"—when I asked for Mr. Reading she said, "I am his housekeeper;" she did not say that she was housekeeper to Nos. 7 and 9—I asked her if the furniture belonged to him; she did not say, "I do not see that I have any questions to answer you"—she seemed by her manner to be anxious about the loan—I don't think she looked upon me with suspicion—I have been active enough to detect a great many, but I was not sharp enough in this case—when I returned in three-quarters of an hour Harris let me in; he said, "This (Mrs. Johnson) is the occupier of these two houses, and lets them to lodgers"—I knew she had lodgers, but I understood
that Coghlan never lodged there, or Harris—I did not see Mrs. Johnson at that interview with Harris—Mrs. Johnson subsequently gave me notice that she was the party to whom the furniture belonged; I understood that she had some interest in the place, and when he wanted a further loan Harris said she had got interest in the matter; he undertook to get her to sign to secure me, and he made an appointment for me at 7, Lancaster Road, and my clerk went—I have not heard that Harris got a woman out of the street, and brought her in, and got her to personate Mrs. Johnson—I know that a woman did personate Mrs. Johnson—this is a forgery of Mrs. Johnson's name on this cheque—I have had my attention directed to Mrs. Johnson's signature on the bill of sale, and cannot say whether it was forged by the same person—I called and saw Mrs. Johnson a second time, having first sent Phillipson and Cork to have an interview with her—when I saw her she said, "I know nothing about the loan"—this was on the 1st February—I said at the police-court, "Well, what about this amount?" she said, "I have signed nothing;" I said, "Who does the furniture belong to?" she said, "To me;" that is right—I forgot that on Saturday, I only answered what I was asked—she said, "You have not the right Mr. Reading signed"—she told me that the man who signed was not Reading, it was Harris, and he never lodged there—Johnson brought down one paper with three portraits on it, and pointed out one as her nephew; a man with a beard—I said, "You just told me he was clean shaved"—she at first said that she had not got a photo—I said, "You had better see," and then she found it—it was under compulsion, or fright, that I got out all this.
Cross-examined by MR. PURCELL. I do not always find persons truthful who want advances of money—they often say that their property is of more value than it actually is, but very likely they pay—I know Coghlan's father; I lent him some money—I have seen him since this fraud—Coghlan has not been apprehended, though the detectives have had my clerk's assistance—Coghlan introduced Harris as Reading, personally, but not at first—he said "My landlord, Mr. Reading, wants a loan"—the two were in the room at the same time—the advance of the first 100l. was on 7th December, and the first installment was due on 7th January, and 8l. was paid on account—the second bill of sale was on 1st February—the information was sworn on the 14th—after discovering the fraud I directed my clerk to go and see Mrs. Johnson—I did not direct him to take possession under my bill of sale—I said "If you claim the furniture let me have it in writing"—I threatened to take possession, and then she gave me the writing—I had sent Cook before that—when Harris produced the two receipts I believe he took them from a side table—I don't think he went out of the room while I was there—I don't think he went downstairs, but he went upstairs to show me through the furniture—I said "I swear the receipt was not brought from the kitchen," and I don't believe it was—I went up with him to the bedroom to see the furniture, and it was after we came down again that the receipts were produced—I do not remember his ever leaving my company—when I called after the second bill, and was told that Reading was not there, I said "If Mr. Reading does not call up I shall put the matter into the hands of my solicitor"—she said "You can't see him"—he called next day and said "I am Mr. Reading"—I believe he added "the original Reading"—he afterwards said "Have I signed any
paper? "—directly I found out the conspiracy I placed the matter in the hands of my solicitor—I should have been very glad at that time to get the money back—no suggestion was made that if the loans were returned the case would probably never go to trial, or that it might go from session to session, and a little money might pass and the case never go to trial—the real Reading called at my office about the 8th or 9th February, handed me a card, and said "Do you know me? "—I said "No, I have never seen you before"—he said "I am Mr. Reading"—I then told him about this business, and he said "I know nothing about the matter; I have nothing to do with it"—I forgot that on Saturday—I said "Oh, you have changed the cheque for 50l. with Mr. Rowley, the pawnbroker"—he said after a time, hesitating, "Yes, I did change that cheque," not "Did I? "—I said on Saturday that he said "Yes, I did,"and laughed and went out; what difference is there?
Re-examined. A warrant has been issued for Coghlan's apprehension at my instance—the cheque given for the second bill of sale with Mary Johnson's signature on the back I have only seen once since it passed from my possession—that was on Saturday—it was then in the possession of Mr. Benton, the solicitor, who appeared for Reading and Johnson at the police-court.
HENRY WILLIAMS . I am landlord of 7 and 9, Lancaster Road—Mr. Johnson is my tenant—I know Reading; he is the prisoner on this side—he has lived there some years, not as a lodger, I think, but I am not certain—Mrs. Johnson paid me the rent—this receipt signed "Henry Williams "is not my writing.
Cross-examined by MR. FILLAN. Mrs. Johnson has been my tenant about 14 years; she is a lodging-house keeper—she has paid her rent fairly, and I always found her a respectable tenant—she always paid me, and never borrowed of me—I have had confidence enough in her to allow her to owe me three quarters' rent, and she always paid me.
Cross-examined by MR. PURCELL. I sometimes saw Reading when I went to the house—I heard that he suffered from fits of some kind—I saw him once in bed.
Cross-examined by Harris. I have not always received Mrs. Johnson's rent without trouble—I once had to take proceedings to get it; that was at the end of last year or beginning of this.
HENRT THORNTON . I live at 21, Acland Road, Notting Hill, and work for my lather, a bookbinder's clerk—I know my friend, James Hayes, alias Harris, and I have known Mrs. Johnson five or six months, and Reading about the same time—I have known Coghlan more than five or six years; he lived at 107, Lancaster Road—I don't know where Harris was living—I know Mrs. Sanders as a friend of Mrs. Johnson's, but do not know where she lives—on 23rd December I met Harris at Notting Hill, and met him afterwards in the City by arrangement, at the Ship, I think it is, at the end of Moorgate Street—Mr. Benton was with him, I do not know who he is; and Charles Coghlan and Reading—Harris asked Reading for the money which he required; he said "I can't pawn my bleeding watch for you, go and get the money where you got the previous sum, at the West of England Bank;"that is Mr. Blaiberg's office—I went there with Harris; he went in, and left me outside—he came out, and said "They will want your name in there to a promissory note for 10l.,"and he said he would pay me the sovereign he
owed me—I went in and signed this promissory note—this is my signature, and Harris signed it "F. Reading"—I asked him why he did so, and when we came outside he said that Reading had given him authority to get the previous money in his name, and had given him authority to go and sign his name—Mr. Blaiberg, I believe, gave this cheque for 5l. in part payment of the amount in favour of Messrs. Thornton and Reading—this endorsement, "H. Thornton,"is my writing, and I believe the "F. Reading "is Charley Coghlan's—Reading cannot write very well; I have never seen him write his name, and never heard him say whether he can write or not—from Mr. Blaiberg's office we went to a public-house a few doors off, where we found Reading and Coghlan—we then all four took a cab, which I paid for, up to Blagrove Road, Notting Hill, and spent part of the evening together—Harris was slightly inebriated, and there was a conversation between him and Reading, and then Coghlan and Harris had a row—Reading asked Harris what he went in there for; Harris said "I went and got the money for you, as you asked me to"—there was a good deal more conversation which I don't remember—during the evening Harris was leaning his head down on the table, and I saw Reading take the cheque out of Harris's pocket—Harris was incapable of seeing it done—he called on me next day, and said that I had the cheque; I told him that I had not, but I had seen Reading take it out of his pocket—Reading called on me next day, and said that Harris told him I had the cheque in my possession.; I told him that I saw him take it out of Harris's pocket—a few days after that Reading called on me, and wanted me to write a letter to the County Bank, where the cheque was payable, to clear the cheque, and he offered me 2l. to do it; I said that I would not have anything to do with it—I then went to Reading's, 7, Lancaster Road, he and Harris were there—Reading asked me to write a letter to the bank to clear the cheque; I would not do it, and he offered Harris 2l. to do it—I did not then know that an advance had been got from Mr. Blaiberg on a bill of sale—just after the 5l. cheque Reading told me that Feast or Frost, of Finsbury Square, had written to him to tell him he had got a bill of sale on his house, and if he should want instalments paid up he would lend him the money to do it; it was a printed paper, and he has it now—I have heard him say "Here is a paper here. I can always get the money to pay my instalments"—I talked over the matter with Harris before 5th February—I had put my name on the promissory note, and I wanted to know how I was situated; you have not gone into that evidence—about the beginning of February I went to 7, Lancaster Road, and saw Mrs. Johnson, F. Reading, Coghlan, and a man named Murray in the kitchen—I heard Reading tell the girl to go and show a gentleman about the house who was coming about the whitewashing—nothing was said about what "whitewashing"meant—Harris came down stairs, and put a paper before Reading, who told him what to write on it—Harris asked Reading who the landlord was, and Reading said "I believe it is Williams, of Hammersmith," and directly Harris went upstairs Reading turned round to me, and said "Can't you be the landlord?" I declined—the whitewashed name was not mentioned—I cannot tell the exact date—both Harris and Reading told me that Mr. Isaacs was coming that day—some time afterwards I was at the Burlington Hotel, Bayswater, with Harris and Coghlan; Reading came in with a cheque for 10l., marked "Not negotiable"—I
cannot tell who it was drawn by, I did not see it closed enough—Reading said "They have been round to 7, Lancaster Road, and have seen the right Mrs. Johnson"—a day or two afterwards Charley Coghlan asked me to call at Lancaster Road, which I did, and saw Mrs. Johnson; she said "They've put in, and I have got the brokers here, but I will soon put them out"—I asked her whether an instalment was not due; she said that she knew it was not due yet—I asked her about the amount; she said that she did not know it was as much as it was—Reading said that he had taken his watch and chain and some other jewellery out with the 50l. cheque which he got out of the bill of sale—I was with Harris at the Alexandra Hotel, Bayswater, on the evening of the day when Mrs. Johnson appeared, and Reading put in a certificate saying that he was too ill to appear—Reading came in there, and said to Harris "You fancy yourselves b clever writing that letter to Blaibere, I will put you in the hole for it"—Coghlan was there—Reading said a lot more—he had a row—he told Harris that he had no right to write to Mr. Blaiberg about the affair, and if we and Coghlan had only kept out of the way they could get clear off—this anonymous letter is in Harris's writing—I saw it written after Harris found out that Reading did not intend to pay the money back that he had had on his supposed furniture. (This was dated 8th February, 1881, and stated that the money was borrowed for the people at 7, Lancaster Mood, and that the cheque for 50l. was paid to Mr. Rowley, the pawnbroker, and that if the screw was put on every penny advanced would be repaid.)
Cross-examined by Harris. I have known you six years, but never knew you to lodge at Mrs. Johnson's—I have known Coghlan longer than you—I know he stayed there about a fortnight, from the end of November to the beginning of December—I heard Reading tell you to get the money at the West of England Bank Bill Murray was in the kitchen when you brought the form down for the second loan, and you filled ft up in my presence by asking questions of Reading—Reading said that he had sent Sarah up to show the gentleman over the house about the white-washing—Reading said he would give me money to get away with if I would not appear, but he did not say how much.
Cross-examined by MR. FILLAN. (The witness signed his name at Mr. Fillan's request.) I have not signed a back-hand, but you have given me a quill pen—this is my usual signature—you have got my writing on the back of the promissory note, and you can compare it; but I was sitting when I wrote that, and I am standing now—my signature to the promissory note is not in a disguised hand—I have some of my writing about me—this is my signature when I was a seaman on board the Kildona—I am not looking at Harris—I saw Harris yesterday and this morning, we came by train in the same carriage, and I spoke to him—I was not with him on Saturday night or last evening—I have not had an evening with him since he was apprehended—I saw Coghlan last on 6th February, I did not see him here last Session, but I wanted to—I did not meet Harris in New Zealand; he could talk Maori if he had been out there—when I came back I met him and renewed his acquaintance—I know Mrs. Saunders as a friend of Reading—I have seen her in Mrs. Johnson's house, but I do not say I have seen her in Mrs. Johnson's presence—I won't swear that I have not, I will swear that I have—I have seen them in the kitchen, but I have not seen them, shake hands—I
have never seen Mrs. Saunders in Harris's or Coghlan's company—I was not present when the second bill of sale was signed in the name of Johnson—Coghlan, Harris, and I did not agree together to get this bill of sale from Mr. Blaiberg—I never knew anything about it—the 5l. cheque is in my favour as well as Reading's, as my name is down on the promissory note—I got nothing out of the cheque—this F. Reading at the back of the cheque is not mine; it looks very like Charley Coghlan's, but I have not seen him write in this way; it looks like his, it might pass for his—I did not commission anybody to write my name—this is not Harris's writing—the 10l. cheque marked "Not negotiable "is made out to F. Reading and M. A. Johnson—I do not know whose writing this "F. Reading "is at the back of it; I have no idea—I said at the police-court "The F. Reading at the back seems to me to be in the writing of Harris;" but that was the 5l. cheque, not the cheque I said just now was in Coghlan's writing—I said the "Thornton" was in Coghlan's writing—Coghlan stayed at Mrs. Johnson's from the end of November to February 5th, when he came to lodge with me for three or four nights—I cannot tell you the date, as I did not charge him—I have here in my pocket-book "C. Coghlan came to stay with me the day the bailiffs were put in at Lancaster Place"—that was 7th February, not the 8th—I won't let you look at the memorandum. (Putting it into his pocket)—this is only a summons which was left at my house for Charley Coghlan; you won't see it. (Handing it to the Judge)—I took a message to Mrs. Johnson from Coghlan on 5th February, and she told me that the brokers were in—this diary has not the date on it because it is a new one; if I were to let you see it, you might see too much—the other is destroyed—I destroyed it because I wanted to—I had got nothing in it about this case, it was about something else.
Cross-examined by MR. PURCELL. I went out to New Zealand on 28th February, 1878, on business engagements—I was working for my father before that—I never give cheques—my mother died and left me some money, and I spent it in going to New Zealand—I never forged a cheque—I knew Harris some years before that; he was, I believe, working for an auctioneer—I knew him when I first came up from Manchester with my father, who was a resident in Manchester, and I worked for him in London as clerk at St. Stephen's Chambers, Telegraph Street—he was then an autioneer's agent—the firm was Henry Mann and Co.—when I came back from New Zealand the commission agency was not going on—my father was and still is a bookbinder's cloth manufacturer in Bowling Green Lane—I am with him still—since I came back from New Zealand I have seen Mr. Mann; it was an old-established business at St. Stephen's Chambers; there was nothing of a long firm about it—Henry Mann and Co. can stand against anybody—while I was with Mann I met Harris as a friend, but had no business transactions with him—I was frequently with him in the evening, but had no idea what business he was carrying on—I knew his mother and sister and all his friends—I wish the Jury to understand that I am the dupe of Harris, and Harris is the dupe of Reading—Harris and Coleman are both old friends of mine—I knew him as Haines first, only as Harris recently—I never knew him as Lloyd or Russell.
Re-examined. Out of the 5l. Harris paid me the sovereign which he owed me—I cannot tell you whether the signature to the 50l. cheque is Harris's—I never saw it till I was at the police-court—I cannot say whose signature
it is—I saw Mrs. Sanders two or three times at Lancaster Road—she is younger than Mrs. Johnson, but I cannot tell her age.
JOHN COOKE . I am clerk to Mr. Blaiberg—on 6th December, by his instructions, I went to 7 and 9, Lancaster Road—a servant opened the door—I asked if Mr. Reading was in; she said "No"—I waited till he came in; and asked him as to the loan he required, and he said "I am the proprietor, I purchased this furniture 10 or 12 years ago, and in all probability the receipts have been destroyed or lost, but I will look them up to show you next time you call"—I made an appointment for 11 or 12 next day—I went there with Mr. Phillipson the same day that the second bill of sale was given—Mrs. Johnson opened the door—I said "I wish to see Mrs. Johnson;" she said "I am Mrs. Johnson"—we went into the front room, and I said "Have you heard that Mr. Reading has made an application for an advance on the furniture?" she said "Not now, but I heard there was an application some time ago"—I said "Are you the owner, the landlady?"she said "Mr. Reading and myself have an equal share"—I said "Is there any particular part of the furniture your own?" she said "No, it belongs to us both, and we divide the profits of the house between to us"—I went back and reported to Mr. Blaiberg what she had said—I returned with Cork, the auctioneer, on a Saturday, and I think it was in the same week—I saw Mrs. Johnson, and said to her "Did you not say Mr. Reading and yourself owned the place between you?" she said "I did" (between the time of my two visits Mr. Cork had been there)—I said "Is Mr. Reading here?"she said "No"—I said "Do you know where he is?" she said" He is at Croydon"—I asked her about the bill of sale; she said "I don't believe my nephew has signed a bill of sale, as he is very ignorant, and can scarcely write his name; there was a fellow sitting here who went by the name of Reading,"and she gave me the exact description of the prisoner Harris—she stated that her nephew was short and very fair—she had spoken of Harris as her nephew before.
Cross-examined by Harris. You came in after I had been there about 20 minutes—the same servant opened the door, and showed me into the dining-room—she did not say "This is Mr. Reading,"but you came in, and I took it as a matter of course that you were Mr. Reading, as I was waiting for him.
Cross-examined by MR. FILLAN. I called there three times—the first time was early in December, between the two loans—I was told that there were a great many lodgers—Mrs. Johnson said that there was a party staying there with Coghlan, and described Harris to me—I called the second time on 1st February, after the second bill was signed, and then Mr. Cork called—when I went with Mr. Cork I said to Mrs. Johnson "Did not you say that Mr. Reading and you had equal shares?" she said "Yes"—she afterwards told Cork that she was the owner—Phillipson asked her to sign a bill of sale—the question was put in this way, "If Mr. Reading wishes to borrow, would you have any objection to sign with him?"she said "No"—I put no document before her, I had none, nor did Phillipson—I told my master about it when I went home.
THOMAS HENRY PHILLIPSON . I am clerk to Mr. Blaiberg—I was present at 7, Lancaster Road on 7th December, when Harris executed this bill of sale—I went there again on 1st February with the second bill of sale, and saw Harris; he brought in a woman, who he said was Mrs.
Johnson, and he and she signed it—the woman who signed "M. A. Johnson "was not the prisoner, but some one nearly 20 years younger—I went back to Mr. Blaiberg, and made a communication to him as to the woman who signed, and I was sent back with Cork, and saw the prisoner Johnson—I said "Are you Mrs. Johnson?" she said "Yes"—she was alone—I said "I want to speak to you"—we went inside, and I said "Have you a nephew named Reading?" she said "I have"—I said "Have you any share in the furniture, or who does it belong to?" she said "We have each a share in the furniture, but no particular part belongs to either"—I said "Would you sign a security for your nephew for a loan?" she said "It depends upon how much it is?"—I said "Do you know of any money being obtained on the furniture?" she said "I know there was some money had, but I can't say how much, as I do not know much about it."
Cross-examined by Harris. When I left on 1st February you came out with me, and the woman was left in the house.
Cross-examined by MR. FILLAN. Cork has told me that I gave quite wrong evidence at the police-court—the woman and I were talking for half an hour, and she may have said that she knew about some money being paid, but she did not know all the particulars—if I said at the police-court, "She said she had spoken to him about bringing some money a little time ago, but did not know whether it had fallen through," then, it is true, but I cannot remember, it is such a long time back—I did not see the woman come in, but I heard her—the supposed Mr. Reading went out, and came in soon afterwards, but not with a woman; she came in afterwards, and I saw her sign "M. A. Johnson," and then cross it out and sign "M. Annl Johnson"—the second woman who came in was not at all stylish.
GEORGE CORK . I am an auctioneer—early in February I went to 7, Lancaster Road, with Mr. Blaiberg, who said to Mrs. Johnson, "You remember when I came here some time ago to inquire for Mr. Reading?" she said, "Yes, and Mr. Reading was out, but said he would be in shortly;"he said, "I asked you who you were, and you said, 'I am Mr. Reading's housekeeper,' why did you say that?" she said, "I was not obliged to tell you the truth;" he said, "Is Mr. Reading the occupier?" she said, "Yes;" he said, "Now, tell me the truth?" she said, "I shall not tell you any more about it;" he said, "What sort of a man is your nephew whom you speak of?" she said, "He is a short and rather fair man, with very light whiskers, I think I can show you who he is by a photograph,"which she fetched, and told him that that was her nephew; he said, "This does not look very much like a short fair man;" she said, "I have made a mistake, perhaps this is the one," pointing out another; he asked her what had become of the money, and called her attention to a sideboard and goods taken out of pledge from Mr. Rowley by money obtained from him; she said, "That sideboard was not taken out of pledge with money received from you"—that was the last time I saw Mrs. Johnson, but I had seen her several times before—I questioned her very seriously about Mr. Reading, and until then I never understood that there was a second person representing himself to be Mr. Reading.
Cross-examined by MR. FILLAN. She did not tell me then that a man called Harris had been personating Mr. Reading, because she had previously
told me so—she said that her nephew was an ignorant person, and she did not think he would sign his name as well as that—she did not say, "You have not got the right Mr. Reading on your document, the man who signed that never lodged here, and his name is Harris;" she said, "A man is passing by the name of Reading;" she also named Hoff, Joe Haynes, Reading, and Lloyd, and said that a lot of people came there and played at cards—she pointed out a very different person in the photograph from the real Reading, who she represented to be her nephew—I am not a client of Mr. Blaiberg's, I am an auctioneer, and have held a licence twenty years; he employs me occasionally—I did not seize this very furniture for him—I went there to make inquiries—I had a man with me who I left there to see Mr. Reading.
Re-examined. I had asked for Mr. Reading five or six times, and he has been denied.
JOHN ROWLEY . I am a pawnbroker, of 44, Ledbury Road, Bayswater—Johnson and Reading have both been customers of mine for some time—Reading is the prisoner nearest to me; he brought this 50l. cheque on 8th December, and spoke to my manager—I gave Reading 50l. for it, and passed it through my bank—both he and Mrs. Johnson had things in pawn with me then—he afterwards brought me this 5l. cheque, and I gave him five sovereigns for it—he then bought something—the cheque was returned marked "Wrongly endorsed"—I gave it back to Reading, and he gave my manager the money—he employed a sovereign in buying a spirit stand of me.
Cross-examined by MR. PURCELL. I have known Reading seven or eight years, and know nothing against him—he asked my manager to pass the 50l. cheque through the bank, and I assented—I knew where he lived.
RORERT KINDREWS . I am assistant to Mr. Rowley—Reading brought me this cheque on 24th December, and asked me to pass it through the bank—on the 8th he took out a gold watch pledged for 9l., and a gold Albert for 1l. 15s., and on the 10th a gold watch for 6l. 10s., a diamond ring for 5l. 10s., a gold Albert 4l. 10s., and a ring 15s., making altogether 27l. 5s. on both days—on 23rd December Mrs. Johnson redeemed a sideboard pledged for 27l., and a chimney glass for 4l.; they were not pawned by any of the prisoners.
Cross-examined by Harris. Reading, I believe, paid me 5l. for that cheque after it came back from the bank.
Cross-examined by MR. FILLAN. It was brought on 24th December, and then came Christmas Day and Bank Holiday—the things which Mrs. Johnson redeemed on the 23rd had been pawned by Murray—I know Mr. and Mrs. Murray.
Cross-examined by MR. PURCELL. When Reading brought the cheque he was accompanied by a man, I believe it was Harris—the goods redeemed on the 10th came to 17l. 5s.—10l. 15s. was before the cheque was cashed, and 17l. 5s. afterwards.
JOHN EATON (Police Sergeant). On 7th April I took Harris on a warrant, and told him it was for obtaining 100l. by false pretences from Mr. Blaiberg, of Store Street—he said, "Yes; I was induced to do it by a woman named Mrs. Johnson and a man named Frank Reading, of 7, Lancaster Road; Reading was waiting in a public-house in Store Street to receive the money when I obtained it"—I have a warrant for Coghlan, but have not succeeded in apprehending him.
TERESA MARSTON . My husband is a traveller—I have known you some years—you gave me a reference to a house—I was in difficulties in the beginning of December, and about 5th or 6th December Reading called on me and offered to see a creditor of mine, and tell him that you would have some money next day—Coghlan lodged in my house three or four months—I have known him a great many years—he left my house on 4th or 5th December, and the next time I heard of him he was staying at Thornton's—I have not known him to be a lodger at any other time—I only saw him once at Thornton's.
Cross-examined by MR. PURCELL. I came here simply out of curiosity—I was not certain that I should be called, because I did not know that my evidence bore upon the case—I have seen Harris while he was out on bail, and we have had conversation, but not on this case.
Harris's Defence. I never knew that I was known by any alias. My position in this affair is that I have been made a fool of by other persons. I have gone to get money for Reading, and immediately I obtained it I have given it to him. They want to make out that I was a lodger, and then that I never was a lodger; it is only carrying out the threat to make it hot for me. As scon as I knew it was a swindle I wrote to Mr. Blaiberg, and told him the whole of the case.
HARRIS and READING— GUILTY . Six Months' Hard Labour each. JOHNSON— GUILTY of conspiracy. Recommended to mercy by the Jury. To enter into recognisances.
Before Lord Chief Justice Coleridge.
567. JOHN HUNT (31) was indicted for, and also charged on the Coroner's Inquisition with, the wilful murder of Sarah Jane Hunt. MESSES. POLAND and MONTAGU WILLIAMS Prosecuted; MR. GILL Defended. WILLIAM FROST . I live at 12, Bathurst Row, Pope Street, Eltham—I am a foreman of the Sewage Works—I knew the deceased Sarah Jane Hunt, the wife of the prisoner, a navvy—I believe she was 31 years of age—I last saw her alive about 20 minutes to 6 on Saturday morning, 14th May, in the garden at the back of the house next door to me—she appeared in her usual health and spirits, and was sober—I next saw her, dead, about five minutes to 7 on Saturday night, lying on a piece of waste ground at the back of our house.
Cross-examined. My room was next to the one in which they lived—they only occupied one room—they were living there all the time that I was, which was about eight months—from my room I could speak to the prisoner in his, he would frequently ask me the time in the morning, and I would answer him—I had frequent opportunities of seeing them—I never heard the slightest quarrel between them—they always appeared to be on the happiest and most comfortable terms, and on terms of affection—I have seen him kiss her at times—I have a large number of men under me—I always found the prisoner one of the most civil, quiet, and best workmen I have ever had—I believe they had been married seven years—the deceased had a daughter before the prisoner married her—he lived about a mile and a hall' from where he worked—on this
Saturday he would leave work between 12 and 1—they generally receive their money between 11 and 12 on Saturday morning—on that Saturday she went over to the works to meet him, as she had frequently done before—there is a beerhouse by the works—I cannot say whether they were in that, but I belive they had been in public-house together the whole afternoon—the woman liked a drop of beer with her husband, but I never saw her the worse for it, and I never saw her misbehave herself—she generally went shopping with her husband on Saturday afternoon to Eltham, Chislehurst, or Sidcup—they had been to Chislehurst the whole of this afternoon, and were just coming home—they were within 50 yards of their back door at the time this happened—the pisoner had a pup, and generally had it with him.
By the COURT. I never heard an angry word between them—if there had been any quarrlling in their room I must have heard it—I could hear them talking in the ordinary way, and I never heard the slightest wrong word between them.
MARY ANN ROBERTS . I live at Halfway Street, Bexley—on Saturday evening, 14th May, I saw the prisoner chasing his wife on a piece of waste ground against Pope Street Railway Station—I had never seen them before—he was carrying a dog—she was running, and he too—I saw him pull her down by the hair of her head, and he kicked her somewhere on the back of the head or neck, I could not see exactly where—she did not make any sound or cry—he only kicked her once; he fell on his back as he kicked her—I never saw her move afterwards—her hat fell off as she fell—the prisoner got up and picked his dog up and then stood by his wife—after a little while he said he was sorry, and asked her to get up—I did not hear her make any reply—they told him she was dying—I did not believe she was, I thought she was only fainting; I went to her and held her head and somebody fetched some water—I never heard the prisoner say anything more—constable and other persons came up; the prisoner remained there till the constable took him into custody—I was there all the while—the kick seemed a very light kick, for as he fell his foot seemed to slip by the side of her head; it wa not a very hard kick.
Cross-examined. They were running from me across the ground towards the bridge; they were side face to me—I heard no quarrelling—the piece of waste ground was between us—they both seemed to have had drink—it did not seem like her dress that he caught hold of—I was not close to them—I saw a bag and a purse fall out of the woman's hand as she ran, and the dog fell out of the prisoner's arm—the woman fell on her side and the prisoner fell on his back; I saw his feet go up when he fell—when I got up to them he was standing there—I did not hear him say he thought she had a fit—she fell on the grass, not on the pavement—I never heard her speak.
JOHN HARDMAN . I am a carpenter, and live at 23, Pelham Terrace, Eltham—between 6 and 7 o'clock on this Saturday night I saw the prisoner chasing his wife across a piece of waste ground—I saw him take hold of her dress or shawl, then she fell, and then he kicked her once on the head—I should call it a hard kick—I don't remember that be fell; she raised her head once and then dropped beck—I was at the back of my house, standing against the palings; when I first saw them they were running towards me—to the best of my memory I heard the prisoner say
"I will make you remember kicking the dog"—I could not be sure whether that was before he kicked her or after—I did not go up to them.
Cross-examined. I went over when there was a lot of people there; that was about two minutes afterwards—I say to the best of my memory he said he would make her remember kicking the dog—no one has told me that he said so—I have heard people talking about it—I don't remember his falling; it all took place in an instant—I don't remember seeing his feet go up in the air and his falling on his back—I don't remember the dog being under his arm till after the accident—I don't remember seeing anything in the woman's hand—I never saw any basket—I didn't see him catch hold of her dress as she was falling—I saw a purse on the ground afterwards, where she fell—the place where the woman fell was about six yards from where I stood.
AMELIA BROOKS . I am the wife of Charles Brooks, a butcher, of Pelham Terrace, Eltham—on this Saturday evening, in consequence of hearing something, I went out into my back yard—I saw a woman lying on the ground and the prisoner standing by—I went at once and got a glass of water and gave it to a girl over the fence, and then I went round to the woman; she appeared to be dying—I said to the prisoner "Are you sorry for what you have done?" he said "No, it served her right"—he asked for a doctor to be sent for—I remained with the woman. till she was taken away—she died while I was by her, in seven or eight minutes—I did, not know her before—her hair was plaited behind, it was hanging rather loosely—I saw a dog in the prisoner's arms—I did got hear him say anything about it—the policeman came up and the woman was carried into a cottage.
Cross-examined. I could see that the prisoner had been drinking; he appeared not to know that she was dying—he said he thought she had a fit; he did not say she had been subject to fits—I did not hear him say he was sorry it had happened, and ask her to get up—she was lying partly on her back and side; she did not speak at all; she appeared to be quite insensible.
By the COURT. When the prisoner said it served her right, I don't think he knew what he was saying; I don't believe he intended to kill the woman—I thought she way dying, and I told him so, but I don't think he understood the nature of it, because he was so drunk.
WILLIAM WADE (Police Sergeant). On this Saturday evening, about 6.30, I was riding on the Maidstone Road—in consequence of information, I rode to the piece of vacant ground, got off my horse, and went to the deceased—I found her lying on the ground on her back; her head and shoulders were supported by Mrs. Brooks, and a number of people were round her; the prisoner was standing a short distance behind the crowd—I felt the woman's pulse; I could just feel it beating—her lips were black, and her eyes open and fixed—the people pointed to the prisoner and said, "That is the man that did it; that is the man that kicked her"—I went to him and said, "Your wife is dying fast," at the same time taking him into custody—he said, "Never mind me, send for a doctor; I shan't run away"—I took him over to the house of Sergeant Hawkes, which is nearly opposite, and left him in his custody, and at once galloped on to the doctor's surgery, about one and a quarter miles distance—I told Dr. Ford what had occurred, and immediately galloped back—he afterwards came—the woman appeared to be dead when I got back—she was taken into
a house there—I went to Sergeant Hawkes's house, where I had left the prisoner—I saw him sitting in the passage smoking a pipe—I said, "put that pipe out, there is something more to think about now your wife is dead"—he made no, reply; he dashed the pipe on the ground—I took him to Eltham Station—on the way, at intervals, he made short statements, which I took down as we walked along, except the last statement—he said, "What I have done I must suffer for; "then after an interval he said, "What I have done I must suffer for; I would sooner be hung than walking about if she is dead I will give in that I killed her;"and shortly before reaching the station he said, "We have had many a thousand quarrels not half so bad as this: is she dead?"—I said, "She is dead"—he said, "Can I see her?"—I said, "I don't know, you had better ask; at the station"—he several times asked to see her on the way—he was intoxicated, and staggered as he walked—it was about three quarters of a mile to the station—I noticed that he wore heavy navvy boots—the inspector took the charge at the station.
Cross-examined. In my opinion he was undoubtedly drunk—the statement that he made was not a connected statement, but remarks made now and then; he did not seem to realise that his wife was dead—he would not believe me, he kept on repeating, "Can I see her? can I see her? Is she dead? is she dead?"
JOH PYKE (Police Inspector R). I was at the station on the Saturday evening about a quarter past 7 o'clock immediately after the prisoner was brought there in custody—I asked him his name—he said, "I have got no name; I 'listed for a soldier once, and sold my name for a shilling "—he then said, "Is it right; is she dead?"—I told him he had better sit down and remain quiet until the doctor arrived—he shortly afterwards asked,"May I go and see the woman to-night, you know I should like to see her; I know how it happened, and I should not care if I got 15 b——years if she was living"—I entered the charge of murder against him, and read it over to him—he made no reply; he appeared to have been drinking, but I believe he knew what he was about.
JAMES FORD, M.D . I am a registered medical practitioner at Eltham—on Saturday evening, about 7.15, I was sent for to see the deceased, at Pope Street—she was lying on a bed in a house, quite dead—I examined her, but noticed no external marks of violence—I made a post-mortem examination the following morning—I then saw no external marks of violence—there was no fracture of the skull; there was a considerable effusion of blood within the cranium at the base of the brain, and a clot in each lateral ventricle—I believe the cause of death was extravasation, of blood within the brain, tile effect of the blow which she had received—a violent kick or blow would account for the appearances I saw—death following so soon it would not be so likely that external marks Would be found—she had rather luxuriant tresses of dark hair, in a somewhat tangled condition, I found a hair pin, it had evidently been curled up into a knot—all the organs of the body were in a very healthy state, with the exception of slight pleuritic adhesions on both sides of the chest; these were not recent, and had nothing to do with the cause of death—she was in an early stage of pregnancy—I could not trace the actual rupture of the vessel in the brain.
Cross-examined. I found no external wound of any kind—if there had been a kick with a heavy boot I should have expected to have found
some abraison, unless it had been intercepted—the effusion would be the result of the breaking of some small blood-vessel—excitement would no doubt render a person liable to a rupture* of a vessel—there was nothing in the post-mortem appearances to show that she had been subject to fits—the black appearance of the lips would mainly be the result of effusion; the effusion would cause insensibility—I should say there must have been considerable external violence to cause that effusion.
By the COURT. I have heard the story—I don't think there is anything inconsistent with death having been occasioned by a single kick, as described; I think it is a likely result.
GUILTY of manslaughter.—Strongly recommended to mercy by the Jury, on account of their having lived together happily for many years. — Six Weeks' Imprisonment.
Before Mr. Recorder.
MR. PURCELL Prosecuted; MR. BESLEY defended Doyley. JAMES REYNOLDS. I am manager to Samuel Quinnion, of 4, College Place, Lewisham—at a quarter to 7 on the evening of 28th March Lawler came and showed me a chain, and asked 15s. on it—I said, "Is this gold? "he said, "Yes;"I said, "What is your name?" he gave me a name; I forget it; it was not Lawler, it was a false name and address, in Molesworth Street; I said, "Where did you get it from?" he said, "I gave 25s. for it, I bought it in the Broadway at Deptford"—I tested it and found it was only brass, not worth 6d.—I told him it was not gold, and asked where he got it from; he still said he bought it in the Broadway, Deptford—he went out of the shop, and ran away, as he said, to find the man that gave it him—I gave him into custody—I first saw Doyley at the station; he came in when I was there—he said something about having sent him, but I did not go into that.
Cross-examined. An inexperienced person might take it for gold—we have so many attempts to defraud us that we are obliged to be sharp—I did not give Doyley into custody; Doyley followed Lawler down; I did not notice that he had been drinking—I have heard that he is well-connected.
EDMUND JEFFREYS (Policeman R 165). I received charge of Lawler from last witness—he said "The chain belongs to this gentleman," pointing to Doyley—Doyley said, "It is my chain, I sent him to pawn it, I gave 25s. for it in the Broadway;" he afterwards said it was sent him from Norwich, and that he had given 4s. 6d. for it, and that he could produce the bill—he afterwards said he did not know whether it was gold or not.
Cross-examined. I should say he was a little the worse for liquor; he came voluntarily to the station.
WILLIAM JURY (Police Inspector). I was at the station—Doyley said that he had sent Lawler to the pawnshop to get 15s. on the chain—he said "My uncle sent it me from Norwich as a present, I don't know whether it is gold or brass."
Doyley received a good character.
NOT GUILTY .
MR. GREENWOOD Prosecuted.
WILLIAM CURRY . I am gardener to Mr. Garratt, who lives on the Westbourne Park estate—on 23rd April I saw the prisoner in the Rhododendron walk, about 11 a.m.; there are valuable trees there—he asked if I knew where there were any primroses; I said "There are none: "I saw some pieces of Bhododendron recently cut, in a bag close to him—I spoke to Mr. Parkes, the resident agent, who took hold of the prisoner; he slipped out of his coat, and left it in Mr. Parkes's hands, but as soon as he saw me he stopped; Mr. Parkes asked him what business he had there; he said he had done nothing but what I had given him leave to do—I had given him no leave; I had never seen him before.
Cross-examined by the Prisoner. It is an enclosed place, with a wire fence, and is to be let or sold for building purposes—several roads are making through it—you were six or seven yards off the road.
CHARLES GINN . I am a bailiff on the Westbourne Park estate, East Greenwich—on 23rd April Mr. Parkes called me; I fetched a policeman, who went with me into the wood, where Mr. Parkes had got the prisoner—I saw a great quantity of the tops of rhododendrons lying by him, which had been recently cut—I found this knife in the wood.
Cross-examined. There was a deal of sere wood lying about, but nobody is allowed to take it.
ZACHARIAH PARKES . I am surveyor and agent on the Westbourne Park Estate—on Saturday, 23rd April, some one spoke to me—I went to the park, and stood among the trees till I saw the prisoner looking among the shrubs, as if selecting some for cutting—I saw some trees which had been recently cut; he had no saw or knife with him—I said, "What are you doing there?"—he said, "Will you please to tell me the time?"—I said, "Oh yes," walked up to him, and collared him, saying, "You are the man I want; no doubt you are the man who has been cutting these rhododendrons for two months past?"—he said, "Nobody ever saw me cut them"—my man whistled to me, and the prisoner immediately struggled, and wished to be let go—I said "No," but he jumped out of his coat, leaving it in my hands, and ran away, but my man stopped him—I then went to the place where Carry had seen him, where I saw the knife found, and this bag and 42 pieces of rhododendron recently cut; they were large boughs—they cut boughs eight or ten feet long, and then cut the middles of them out for umbrella handles—150l. of damage had been done to the place—you can't replace a single bush for less than 10l. or 20l., because they are very old.
Prisoner's Defence. I saw women getting wood there, and men getting mould. I only cut 25 little pieces about six inches long to make skewers with. It is a rough place where I thought I might pick sere wood—it is an open place; I was never there before.
GUILTY .— Four Months' Hard Labour.
Before R. M. Kerr, Esq.
MR. CHAPMAN Prosecuted; MR. FULTON Defended.
EDWARD MORTLOCK KEMP . I am a coal merchant, residing at Woolwich—in September last I took the prisoner into my service as a servant, to solicit orders and collect moneys; he was to have 1l. a week from the beginning of October—he continued in my service till 23rd April—on 9th April a fresh agreement was entered into, that he was to have 10s. a week and a commission—his duties were to hand to me the whole of the money he collected at 3.30 on Tuesday—he kept two books to enter the sums he received in; I entered the total of those sums in the ledger—his two books were used alternately; I initialled the book when I entered the total in my ledger—I handed one book to the prisoner and asked him for it again; he said he had not had it—on February the 8th I executed an order given to the prisoner by Mr. Tanner for coals—I know the prisoner's writing; the receipt (produced) for 1l. 8s. is his writing, and that sum is the sum I charged—I have not received any account from the prisoner for that 1l. 8s.; he ought to have accounted for it on the following Tuesday—I also received an order through the prisoner from Mr. Garbit for two tons of coal at 21s.—it was executed on 9th March—this is the receipt signed by the prisoner; I got it from Mr. Garbit; the prisoner has not accounted to me for it—I also executed an order given to me through the prisoner by Mr. Hessenthaler for coals, which were delivered to him on 3rd March—this receipt for 13s. 6d. (produced)is the prisoner's writing; he has not accounted for that sum—he has always received his wages every Saturday afternoon—he was not entitled to pay himself out of moneys he received, but had to come to me for payment.
Cross-examined. I have my ledger here, but not my cash-book—I enter everything in this long book; I keep my cash-book from this book—I enter the totals in my cash-book—I was not asked to bring it here; I did not think it material—this order was shown to me on 11th April, I believe by the prisoner—I insisted upon his giving me this paper because I wanted to find out the extent of his embezzlements—I did not give him into custody then, because I wanted to see if the amounts he had given me on this piece of paper were correct—he has not served me with a summons to appear at the County Court; this is the first time I have heard of that—I have never seen a paper like this before. (A form of notice that proceedings would be taken in the County Court if an amount was not paid)—I gave him into custody for embezzling 6s. 9d.—it did not turn out that I had received that sum; there were two entries of 6s. 9d., and 7s. 6d. having been paid, and I could not tell to which 6s. 9d. the 7s. 6d. belonged—he was to have 10s. a week after 9th April, in order that he might still continue to be a servant—I am aware that is necessary in order to bring a charge of embezzlement; I learned that in a police-court 12 months ago—between 19th and 23rd April I discovered that he had been receiving more money and keeping it—I do not know anything about his travelling expenses; I never paid him any; I have given him 5s. or 6s. at a time, because I felt sometimes he had done better than others—if he had charged 10s. for expenses I should not have paid him—I have been in the same position, and I never had any expenses—I solemnly swear I never arranged to pay him anything for expenses—I lent him 8l. 10s.; the cheque for that sum was post dated because I had not sufficient money at that time; that was between the 23rd and 26th February—he told me the brokers were coming into his house for half a year's rent; that was not because I did not pay him—he had a great deal more than a pound a week of my money—I lent him 20l. in the first instance; that was in August last—he told me he was
involved in difficulties with his late employer, and owed him 180l., and I lent the prisoner 20l. to pay his employer, as a guarantee of good faith that he should have the remainder, because he was coming to work for me—then I found out that he had been embezzling the moneys of his late employer, and that there was no lawsuit—I continued to employ the prisoner after I found that out, and knowing that I had lent him 20l. in order that he might retrieve his character and as I had always looked upon him as a respectable, straightforward man, I never intended to ask him for the 8l. 10s.
Re-examined. My nephew was present when I lent him 8l. 10s.—he heard the conversation—I felt he would be a valuable servant, and that some day I should simply say "I give you a clean receipt for all the money you have had from me"—in reference to those sums which I lent him, I never heard a word about a commission to be given to the prisoner before 9th April until I heard it at the police-court—I paid him his wages myself every week—they are enered in this book-his business was confined to Woolwich and its neighbourhood, and no travelling expenses were needed—I do not remember his asking for any—when I first engagedhim I told him never to spend my money, but if he wanted any I would give it to him-we were rather busy and he came to the wharf at 6 o'clock every morning for a week, and I paid him 6s. for the extra work—on 29th March the accounts appeared to me to be what I call cooked, and I called upon one or two persons—I found nothing wrong except a shilling at first—I afterwards said to him "Have you paid all the money you have collected on my account?"—he said "I have"—I repeated the question several times, and he said "I have" each time—then I threw one account down and said "That is not paid," and then another, and said "That is not paid," and "It is no use humbugging me, Mr. Marsh, that account is not paid"—he said "It is shabby of you to go round without telling me"—this led to the agreement being made for 10s. per week and 5 percent. on all moneys collected by him and 2 1/2 per cent. on all moneys collected by me, reserving to myself the right of calling upon my customers—I may say I paid him 5 percent. on all moneys collected by myself as well—when he gave me the list of moneys that he had kept I said "This is the amount of your embezzlements"—he said "Yes, it is;" and I said "We shall see"—he said "What do you intend to do?" I said "Wait and see"—that was after we made the fresh agreement—I cannot recollect when that list was given to me—it was on a Monday morning—I would not swear it was 11th April—I was not satisfied that the list contained all the the moneys he had received and not accounted for—it was in consequence of that I took proceedings against him—I commenced to find out the extent of his defalcations by writing to mycustomers—I had my reasons for taking preceautions to prevent myself being wronged in prosecuting the prisoner—I took a solicitor's advice.
By MR. FULTON. I did not tell Mr.; Stubbs on 26th March that he would save 1s. a ton if he gave me his orders direct, as 1s. was Marsh's Commission—I did not see Mr. Stubbs on 26th March—this receipt (produced) is the 8th of the 4th, that is the 8th of April—the prisoner brought the order on the 26th March, and the other date is that of the delivery.
weekly wages on several occasions: 1l. a week—I am the prosecutor's nephew—near the end of February Mr. Kemp gave a cheque for 8l. 10s. to the prisoner—he said, "My landlord is going to put in the brokers, and I do not know what to do: can you lend me some money?"—Mr. Kemp said, "How much?" he said, "8l. 10s.;" Mr. Kemp said, "I do not know how to do it, but suppose I did it for a week or a fortnight, will that do?"—Marsh said, "I will try what I can do with that"—he took the cheque away—he told Mr. Kemp he would pay him back again.
Cross-examined. I take no active part in the business, I am only a clerk—I know the prisoner received 1l. a week, but nothing else, because Mr. Kemp told me so when we were talking about it; he said, "Mr. Marsh is going to work for me at 1l. a week;"I said, "Oh, is he?"—I did not know Mr. Marsh—I was not called before the Magistrate—I came here to prove the cheque was lent—I do not owe the prosecutor any money, nor does he owe me any.
Re-examined. I came because I was subpoenæd—I know what the prisoner's wages were, because it was my duty to book them.
Witness for the Defence.
JEPHTHA STUBBS . I am a tobacco-pipe manufacturer—I am a customer of Mr. Kemp, through Mr. Marsh—this order of 26th March was paid on 8th April—I saw Mr. Kemp at the time the money was paid—he said, "Do those coals suit your" I said, "Yes, they suit me very well"—he said, "Well, I do not care about Mr. Marsh, it will make a difference if you give me the order; you will save 1s. a ton by ordering them of me instead of Mr. Marsh"—I have no doubt that conversation took place when I received this receipt from him.
The prisoner received a good character.
NOT GUILTY .
He was again indicted for a similar offence, upon which Mr. Chapman offered no evidence.
NOT GUILTY .
Before Mr. Common Serjeant.
MR. FULTON Prosecuted; MR. THORNE COLE Defended.
EMILY MARY MITCHELL . My father is a butcher at Woolwich, and the prisoner was in his service—his duties were to go round for orders in the morning and come back to the shop, leaving the orders, and then take the meat to the customers, some of whom pay cash and some have a bill—if he received cash it was his duty to pay it to me after he had done—he received 14s. a week, and lived in the house—if he received 2s. 10 1/2 d. from Mrs. Rogers or 3s. 10 1/2 d. from Mrs. Savage on 19th April, or 2s. 5 1/2 d. from
Mrs. Savage on 23rd April, he did not pay me—I have no entry of those sums—these two tickets are receipted in the prisoner's writing—this one for 3s. 10 1/2 d. is not receipted, but it is one of our tickets.
Cross-examined. He was discharged on 25th April—he was in our employ a little over two years—we had no character with him—my father does not take any part in the prosecution—my brother is engaged in the business; he has nothing to do with the books; I do that; but he takes the money and orders, from the young men when I am out—this is my brother's writing—this book is not kept by any one else but myself—when my brother receives money from the young men it is always written down in the cash-book, and I post it into the ledger—we have two assistants besides the prisoner—we have two carts—we have more than 100 customers—I gave the young men books two years ago, but they lost them—the prisoner has delivered all the orders from his own brain, but he ought not to do so—we close on Saturday nights between 11 and 12 o'clock—he has then made three journeys, and has had to stand outside the shop with a knife and a steel crying "Buy!"—he also had to assist in slaughtering—after all this he has to hand the money to me—mistakes have occurred, but only in a few pence—5l. or 6l. would be the average he had to pay me in gold, silver, and copper—the prisoner's signatures are on these small bills, which are stuck into the meat on a skewer, but the date is not put down.
Re-examined. My father has no knowledge of this transaction, but he is the prosecutor—the prisoner's first duty of a morning is to collect orders, and when he returns I take them down from his lips, and then the cart is loaded.
GEORGE WILLIAM MITCHELL . My sister and I assist my father in his business—my duties are confined to buying the meat and dressing it, and when my sister is absent I receive cash and book orders—if any of the young men paid money to me I should enter it into this cash-book—some customers pay daily and some weekly—none of the entries on 19th April are mine—I did not receive on 19th April 3s. 10 1/2 d., paid by Mrs. Savage, nor 2s. 10 1/2 d. on the same date, nor 2s. 5 1/2 d. paid on 23rd April—if I had they would be entered here—3l. 15s. 6d. was paid in on the 21st, of which 2l. 5s. 7d. was paid by the prisoner—I had no cash from the prisoner on the 22nd, but I had 3s. 6d. on the 23rd—the 24th was sunday, and he was discharged on Monday, the 25th—I received no money from him on the 18th or 19th; I received 10d. on the 16th, 2l. 18s. 1 1/2 d. on the 14th, and 15s. 8 1/2 d. on the 13th.
Cross-examined. We have three young men; one walks and the other two have carts, and they always stick to their own rounds, except in case of illness, never by arrangement, without permission—I sometimes received the money from them after the shop had closed at 12 o'clock on Saturdays, and then I made the entries in the book—I have not received money and put it into the till and told my sister of it—I always made an entry-we received no character or reference with the prisoner.
ELIZA SAVAGE . I live at 5, Maxted Eoad, Plumstead, and deal with Mr. Mitchell—this ticket for 3s. 10 1/2 d., dated 16th April, appears to be the same as I paid—this ticket of 23rd April is receipted John Parker, and I paid him 2s. 5 1/2 d. on that day—the ticket of the 16th was not paid till the 19th, because the prisoner asked me to leave it to the beginning of the week, as Saturday was a busy day, and I waited till the Tuesday—it
is my practice to pay on delivery if the young men will take the money, but sometimes they are in a hurry—I have not the slightest doubt that I paid those amounts.
ADA ROGERS . I live at 100, Villa Road, Plumstead, and deal with Mr. Mitchell—I always pay for my meat as I receive it—I paid the prisoner 2s. 10 1/2 d. on 19th April—the writing on this ticket is his receipt. The prisoner received a good character.
NOT GUILTY .
MR. FULTON Prosecuted; MR. THORNE COLE Defended.
EMILY MARY MITCHELL . On 20th April the prisoner paid me 12s. 6d. from Mr. Garbett, but nothing else—there is no entry of 11s. 7d. from Mr. Young—there are four items from General Young on the 21st, but not 11s. 7d.—these were on previous accounts—the prisoner paid me 2l. 6s. 7d. on April 21—he did not pay 6s. 1 1/2 d. from General Young on April 22nd—I have looked through the subsequent days, and there is no entry of 6s. 11 1/2 d. from him—there is no entry on 22nd April of 2s. 7d. from General Young, or on any subsequent day—from the 20th April to the time the prisoner was discharged there is no entry of any of those three sums—he was not discharged momentarily on the Monday for embezzlement; it was for stealing meat, and then these errors were found out.
Cross-examined. The 6s. 11d. charged in the Indictment on 23rd April must be a mistake—I have the day-book here; it was the 21st April.
GEORGE WILLIAM MITCHELL . When I enter any cash in the books I always initial it—there is no entry of these three sums from General Young as received by me—all the entries at that time are my sister's.
LAVINIA JANE HEWLETT . I am cook to General Young, of Plumstead Road—I pay the butcher generally the. next day—I paid this ticket of Saturday the 16th April to the prisoner on the following Wednesday, the 20th—he wrote this receipt in my presence—it was not paid before, because we did not get the bill—he said he had lost it—I got it on Tuesday, and paid it on Wednesday—I also paid him on the 27th 2s. 7d.; this is his writing on the ticket; and on the 23rd 6s. 11 1/2 d.; this is his receipt—they were signed in my presence.
WILLIAM MORGAN (Police Sergeant R). I took the prisoner, and said, "I shall take you in custody for stealing a piece of beef and two bellies of pork"—he said, "I know nothing about it"—he was then on Woolwich Common, on his round, and I took him to the station—he was charged and remanded, and these cases of embezzlement were found out against him next day.
Cross-examined. The Magistrate dismissed the charge of stealing the beef.
GUILTY .— Six Months' Imprisonment.
MESSRS. COWIE. and BAGGALLAY. Prosecuted.
at Woolwich Arsenal—that is a savings bank—on 21st April the prisoner opened a banking account in the name of William Henry Maxted—he had come in with letters before that; I knew him by sight—he deposited 1s.—this is the deposit-book I gave him, No. 16,639—I entered "one shilling" in words, and a figure "1" in the shilling column—I put my initials and stamped it—he signed the usual declaration—I wrote his address at the side, "12, Bell Water Gate, Woolwich"—this is the sheet I sent to the General Post-office for that day—the entry is, "No. of Book, 16,639; amount of deposit, 1s.; name, Mr. W. H. Maxted, Bell Water Gate, Woolwich"—I did not see the book again—no other deposit was made by the prisoner.
WILLIAM BEALE . I live at Earl Street, Plumstead—I have been employed at the Royal Arsenal two years and three months—I have known Maxted about two months—I saw him on 5th May, near Charing Cross Railway Station; he said he had come from on board ship—after a short time he said, "I have no money in my pocket, but I have about 5l. in the Post-office Savings Bank; I wish I could draw some of it out; would you mind coming with me to the Charing Cross Post-office to get a notice of withdrawal, and may I send it to your address at Plumstead?" I said, "Yes"—we went to the Post-office together; he filled up one form for 3l. 13s.—I saw some mistake, and called his attention to it, and he tore the form up and gave me one to fill up for him at his dictation—I filled up this form (No. 66,549)—he directed me to put in 3l.—I asked him if his name was spelt Maxted; he said, "No, Maxped, with a 'p'"—the whole of the manuscript is my writing—the prisoner sealed it up, and asked me to put it in the box—I posted it in his presence—the address on the form is printed—we remained together about an hour and a half—he went back to Charing Cross station with me—he said at first he was going back by the train, then that he had a free pass on the boat—he said, "I do not know what I shall do without the money, as I have none, could you lend me some?"—I said, "I cannot think of doing so, as you are almost a stranger to me, unless I have some security"—he mentioned a sovereign—he said, "You know me well enough to lend me that amount till to-morrow; my father and mother are coming from Canterbury, and I will return it to yon before 12 o'clock"—after some further conversation he gave me his book as it is now—it was to be returned on his giving me the sovereign before 12 o'clock next day—he said, "I cannot part with the bank-book, as I must show it to my father and mother to-morrow"—I said, "I cannot lend you any money unless you let me hold the book"—he said, "Very well, take it, then;" and I gave him a sovereign—I did not notice the book, as the train was coming in—he shook hands with me and said, "You are the best gentleman I have met for a long time"—my attention was then called to the other end of the station, and I immediately missed him—I suspected him, and searched in every direction for him; not finding him, I went direct to the Post-office—I looked at the book directly I missed him, and thought there was something wrong—the entries were as they are now—I had not made any mark whatever in it—I have only parted with the book to be produced before the Magistrate—I gave it to Mr. Triptree—the following day this communication arrived at my lodgings. (Thit wot a formal notice that the address and reference were wrong on the notice of withdrawal)—the notice of withdrawal was enclosed with it—I went to the Post-office in
Woolwich, and examined the amount of the deposit; I found it was only 1s.
Cross-examined by the Prisoner. I did not take the book out of your hand—I did not look at the number—I wrote the number from your dictation—when we came out of the Post-office you stopped and spoke to a female—I asked you who she was—I did not say, "I wish we had got some money, we would go with her"—you went and drank with her—she took some ale out of my glass—I can swear the "5" was in the book when you gave it to me.
WILLIAM BATTY . I am senior clerk in the General Post-office Savings Bank—I produce a certified copy of the ledger in the savings bank department—it shows an amount deposited by William Henry Maxted of 1s. on 21st April, 1881—that is the only transaction—there is no other account in his name in the books of the department, as far as I know—if any further sum had been deposited by him at any post-office the books would have shown it—I have seen this notice of withdrawal—there is no account corresponding with that number in the books, and no such book has been issued—if any other deposit had been made it should have been entered as a separate item—no clerk would be allowed to tamper with a book in this manner.
JAMES TRIPTREE . I live at High Street, Woolwich—I am a dyer—I have a son who was acquainted with the prisoner—the prisoner came to me on 20th April at the Mitre Tavern, and said "How do you do, Mr. Triptree?"I said "You have got the advantage of me"—he said "You knew me on board the boats last summer"—my son soon came round from the next compartment—the prisoner said "Can you tell me where I can get a post-office form for withdrawal?" I said to my son "You can go round to Perren's and get him one"—the order was brought, and the prisoner filled it up for 10l., and asked me to look at it to see if it was correct—I asked my son in the prisoner's presence if he had seen the book; he said "Yes"—I said "You have made it payable at 4, High Street, Woolwich" (that is my address), "What is your motive for this?" he said "I do not wish Mrs. Mason, the landlady, to know anything about it, or else she will write and tell my parents"—the order was returned next day; I met him the same evening—I said "Your order for 10l. has arrived;" he said "All right, I am glad of that, can you let me have a couple of shillings till I draw the money to-morrow? I will meet you at 10 o'clock"—he had said that he had 34l. in his own right, but there was 500l. between him and his grandmother—he borrowed 1l. 11s.—he said he was going on the Drummond Castle; I said "If you go with the Drummond Castle you will go with my son"—he had the 2s. in addition—I gave it him on the faith of the order—I asked him what became of the notice of withdrawal; he said it was under his pillow, but I believe he destroyed it—I have seen it—I took it before the Magistrate—I asked him what he had done with the book; he said he had posted it to the Postmaster General—I went with him to the Woolwich Post-office on the Saturday morning; the box was searched, and there was no such book there.
Cross-examined by the Prisoner. I invited you home to dine with John—we went to the Castle Inn—you asked me to put my money by the side of yours—I never said if I could not make money out of you I would lose money over you—I spent a sovereign in sending letters to your parents and to a legal gentleman to stop your career—I was after you for a week.
Prisoner's Defence. I am not guilty of marking in the book, bat I am guilty of the other two. I want to call young Mr. Triptree. He asked me to get the money, and helped me to spend it.
JOHN JAKES TRIPTREE . You borrowed some money from me—I did not say "I want to go to London, can you lend me 5s.?"—you fetched me from my work—you did not say" I have got 1s. 6d., if you want to go to London I will try and get the money for you"—the landlord of the Mitre said "Hush, your father is in the other side," and you went round and had a conversation with him.
The Prisoner. I was not aware it was forgery sending the notes—I gave the book to the man just as it was—either Mr. Triptree or Mr. Beale altered the entry; they had the book.
GUILTY .— Twelve Month' Hard Labour.
Before Mr. Common Serjeant.
MR. DUFF Proiecuted; MR. MONTAGU WILLIAMS Defended.
GUILTY on the Third Count. — Fifteen Month' Hard Labour.
MR. STEWART WHITE Proiecuted; MR. FILLAN defended Stewart.
EDWARD PRATT . I am a greengrocer, of Thornton Terrace, Victoria Eoad, Peckham Eye—on 4th May I was in a beer-house in Orb Street, Walworth, about 6 p.m.—I saw Forman, and we had a conversation about buying a pony—I had been in his company the greatest part of the day—he said he knew some one who had a pony to sell—he went to fetch it—he came back in about 10 minutes with Stewart and Waldron—there were five of us altogether—Stewart said he was brother to a taller man, who asked me 6l. for the pony—I ultimately purchased it from Stewart's brother for 2l. 10s.—I paid him in gold—he said if I came down and purchased a cart he would give me a receipt in full—it was the cart that the pony drew—I said, "I don't like the look of these men, George"—Stewart said, "It does not matter as long as I am with you, they won't interfere with you, as I know the whole of them"—they had some beer after that—I paid for two pots of ale—they all drunk—I had not drunk more than I do every day—I was perfectly sober—I said to Forman, "I had better separate my gold from the silver, and put the 4l., if I buy the cart, in the left-hand pocket, because I do not like the look of those men, although you say I am all right"—I told Forman in the morning what I had got within a few shillings—I had come with him from St. Martin's Lane—I had over 8l.—Forman saw what pocket I put it in—when I left the public-house I was led to believe the pony was gone forward—I had left it with a boy, outside—I have not seen it since—we all walked together down a turning—Stewart's brother and Forman led the way—there were some houses, sheds, and stables in it, it was a mews—it was between gaslight
and twilight—it was between 7.30 and 8—Forman seized me by the throat—I could not say anything, I was held so tight, and he threw me violently on the ground—Stewart's brother had me at the back of the neck, and Forman had my throat—Waldron put his hand in my left pocket—Forman said, "I know where the b——quids lay, in the lefthand pocket"—I was almost choked—I was on the ground—the two Stewarts and Waldron ran away—Forman still held me by the throat, and when he let go I said, "George, I did not think you would rob me in that manner"—I held him by the leg—he made a kick at me, and said some word, I could not exactly say what—I was kicked on the body and hit on the head and the face—I could not say which delivered the blow on the head, but Forman kicked me—he gave me a parting kick—I called out "Police!"—I saw two or three coming towards me—I went to the station and described the men—I have known Forman six or seven years—I never saw Waldron or Stewart's brother before—I was in their company two hours—the following day I saw Forman at the station—on the 10th I identified Waldron, he had a longish coat on and a cap with a peak before, but when I identified him he had a black coat and a light hat, he was different altogether—I had not the slightest difficulty in picking him out—on the 20th I identified Stewart from 10 or 12 others without hesitation—Stewart and his brother changed caps in the public-house—they went out at the back—I have no hesitation in saying the prisoners are the three men who were engaged in knocking me down and robbing me.
Cross-examined by Forman. You were not too drunk to stand—I did not fall on you—we had a four-wheel cab from St. Martin's Lane—you did not fall on me—I went and saw a pony in the morning about 10.30—when we went again it was gone—I promised to give you half-a-sovereign if the horse was purchased—I gave you 5s. for your day's work because we could not purchase.
Cross-examined by Waldron. I drove up in a four-wheel cab at a quarter to 5, to see a pony—I did not go to Carpenter's.
Cross-examined by MR. FILLAN. Forman was my fellow-workman—I did not say I was with Forman all day—I began to search for a horse about 11 a.m.—I had six or seven drinks, not 10—I believe I was stupefied while I was in the public-house by some ingredient or another—I do not know anything about the beer-house nor how many customers were there—George Forman brought me the pony—I had 8l. 3s. about.
Re-examined. I paid 1s. for the cab—I was perfectly able to transact any business till I got out of the public-house, when I felt like being in a sort of a swoon—I walked without assistance—I last saw my money safe in the beer-house, and whilst I was with the men—I was not in any other person's company than the four men, from when I was in the public-house till I was beaten—no one else could have got at my pocket.
THOMAS ALFORD . I am a beerhouse keeper, of Orb Street, Walworth—on Wednesday evening, 4th May, about 5.30, I saw Pratt in my house with the three prisoners and another person I don't know—I have known Stewart about two years and a half; I do not know his brother—I first saw Waldron when he entered my house the evening before that—I did not know Forman—I heard them talking about a pony—Forman said it was to be sold for 6l.; ultimately I saw Pratt buy it for 2l., because it had a bad back—I saw the two sovereigns pass, but no half-sovereign—Stewart's
brother wanted a dollar for the harness, but Pratt would not give more than 2l. for the pony and harness—just before they left Pratt said he would buy the cart—the man that is not here offered 50s. for the pony—I saw Pratt put some silver back into I believe his left-hand pocket—I heard the prisoners use threatening language to Pratt; one of them said, "I will turn you out and take your money from you" three or four times; that was in the front bar during the bargaining—Forman had been drinking, and I fear he was not in a condition to carry on any duty whatever—Stewart was sober; Pratt was silly, stupefied—Waldron had his cap over his eyes, but he appeared sober—Pratt paid for a pot of 6d. ale—he drank about half a glass; he left a glass of stout and mild—I saw Stewart and another go to the back; when they returned they had changed caps—they left about 6.30.
Cross-examined by MR. FILLAN. Pratt appeared stupefied during all the conversation; he appeared either recovering from drunkenness or to have taken some kind of drug—he put his hand to his head—he had only taken half a glass of beer in my house—Stewart has conducted' himself well in my presence.
WLLIAM BURDEN . I shall be 12 years old in January—I live with my parents at 7, Surrey Buildings, East Street, Old Kent Road—I attend school—on Wednesday evening, 4th May, I was in the Surrey Mews about 7.30, and saw five men walking along—they rolled over underneath a lamp; I saw three get up and run away; Forman remained; the prosecutor held him by the leg—I saw the men kick Pratt, then Forman ran back the way he had come—Pratt made a statement to me—I heard Forman say something as he was going away, but I did not eatch the words.
FREDERICK MOULDER . I am a riveter at 54, Aldridge Street, Old Kent Road—on 4th May X was in Surrey Square, close to Surrey Mews, about 8 p.m.—I saw four or five men scuffling in the mews for two or three minutes; I was about 15 yards off—three of them left the other two, and ran away; they passed me and ran up Surrey Square—I believe Waldron is one of them—Forman was the last man struggling with Pratt; I saw them on the ground; Forman was trying to get away from Pratt, and when Pratt was almost on his feet Forman make a strike at him and said, "Take that, you cow's son," and ran down Surrey Mews—Pratt got oil his feet and cried out, "Murder, Police, Police; I have been robbed!" and put his hands up to his head and came up towards me, crying, "Oh! oh! oh!" as if he was very much hurt about the head—his trousers were unbuttoned and his left-hand pocket turned inside out; his coat was all dirt at the back—the police came up; he made a complaint to them—he was not drunk—I identified Forman on Friday week from a number of men; I have not the slightest hesitation in saying he is the man—I identified Waldron's features at once, but I did not swear to him, as ha had not the same clothes on—I did not identify Stewart.
Cross-examined by Waldron. I firmly believe you are the man.
Cross-examined by MR. FILLAN. I did not take much notice of Stewart, because I thought it was merely a lark, but he is about the size of the one who ran away.
ALBERT WEATHERHEAD (Police Sergeant P). I took Forman on 5th May, about 10 o'clock—I told him it was for stealing 4l. from Mr. Pratt, and assaulting him at the same time, in Surrey Mews—he said "What,
my old pal, he would not charge me; I know all about it, and can tell you something. A man named Novice and the two Stewarts went with me to Surrey Square. I had nothing to do with the robbery. I heard Novice say they had got a poke. I had none of the money"—Novice is Waldron's nickname—I took Stewart with Sergeant Melville en the morning of the 20th at his residence, 42, Orb Street, the same street as the beerhouse was in—I said "I shall take you in custody for being concerned with three other men in assaulting and stealing from the person of a man 4l. in gold at Surrey Mews on the evening of the 4th, after transacting business respecting a pony;" he said "I have not had the pony for 10 minutes"—at the station he made this statement, which was taken down and attached to the deposition. (Read: "Signed by Joseph Stewart with his mark, in the presence of Alfred Weatherhead and James Day, inspectors:—'About three weeks ago I saw a grey pony run up Orb Street. Three men were standing watching it. A man named Forman was running it. I see three men go in and have some beer in a public-house in Orb Street. There was a man with a moustache and tuft on his chin and my brother, John Stewart. I believe the pony belonged to my brother. I believe they were trying to sell it. I did not go in the beer-house on that Tuesday. I missed a pony from my stable on Saturday last. I do not know who took it away.")
Cross-examined by MR. FILLAN. Stewart gets his living by carrying fish from the market—he is quite honest so far—I believe he has been nine years in the service of a fishmonger, a Mr. Barratt—I have not been to Mr. Barratt—I have seen him with his brother and others who are convicted thieves—his brother is now wanted—that is the gentleman mentioned in the deposition.
WILLIAM MELVILLE (Detective Sergeant P). From information I received and from a description, I arrested Waldron about 2.30 on 10th May at the Bird in Bush at Peckham—I said "I shall take you in custody on suspicion of being concerned with three other men in stealing 4l. from a man and assaulting him at the same time;" he said "I know nothing of it"—I brought him to Rodney Road Station with Sergeant Weatherhead—he was there placed with eight other persons, and Pratt immediately identified him—I said "What have you done with your clothes?" he said "I sold my coat at Salisbury, and I gave my cap away at the same time"—he was dressed differently to the description of him; he had a round felt hat and a black cutaway coat—I had no difficulty in identifying him—I was with Weatherhead when he took Stewart—I have heard his evidence, and fully corroborate it—I believe the whole of the Stewart family have been convicted, except the prisoner, and the brother that is now away we want on another independent job to this when we apprehended him we spoke to his mother in his presence, and she told us about 50 lies in a couple of minutes.
Cross-examined by MR. FILLAN. Stewart's father is dead—I do not know that he was convicted, nor that his mother has been—he has two brothers, Thomas and John—I have been in the force nine years—I believe Stewart has kept respectable so far—I have seen him at Salisbury in company with thieves—I saw him with Wallace Denton, and I was present at Denton's conviction of felony, and also George Powell—I have had my eyes on these people a long time.
Forman's Defence. I met my old mate, Pratt, in St. Martin's Lane, and
we went about to buy a horse, and all got drunk. I do not recollect what happened after leaving the public-house.
Waldron's Defence. We went to Carpenter's to look at a pony. Afterwards we went to other places and to beerhouses. I was sober, but the prosecutor was drunk.
FORMAN— GUILTY .— Twelve Months' Hard Labour.
WALDRON— GUILTY .
He then PLEADED GUILTY** to a conviction of felony in May, 1873, at the Surrey Sessions.— Five Years' Penal Servitude, and also to complete the two years of his other sentence.
STEWART— NOT GUILTY .
THOMAS WEBB . I sell trotters, outside the County Terrace public-house, New Kent Road—it is my father's stall—on 29th April, about 9.80 p.m., the prisoner asked for threepenny worth of trotters, and gave me a half-crown—I had not got change, and went into the public-house and gave it to Mr. Killingbach, who gave it to Mr. Cornell, who came out with me and I pointed out the prisoner to him—he put his hand to another man's hand and then went into the road and dodged Mr. Cornell round an omnibus, which stopped, and the prisoner struck Mr. Cornell on his eye with a hard substance which he had in his hand.
Cross-examined. Mr. Cornell said to me in the prisoner's presence, "Point out the man who gave you the half-crown"—I did so, and Mr. Cornell stepped forward and the prisoner struck him with the hard substance—he did not fling it—it looked like a stone—Mr. Cornell then caught him by the throat, and they both fell—the prisoner fell on Mr. Cornell, and kicked him in the ribs—Mr. Cornell aid not hit him, he only clung to him by the throat and cried for help—the prisoner seemed to have been drinking—when I was going to the public-house, the prisoner said, "Ain't you got change?" and a "lady" who was with him said, "Your basket will be all right"—the prisoner said to the other man, "Could you eat a couple of nice trotters? and he said he did not mind.
FREDERICK KILINOGBAOH . I am barman at the County Terrace public-house—I remember Webb coming and handing me a half-crown—I gave it to Mr. Cornell, who went out with Webb—hearing some one call out, I went out and found Mr. Cornell struggling with the prisoner in the road—I assisted another barman in bringing him back.
Cross-examined. I got a little blow on my head, but nothing to speak of—the other barman is Crickner, he is not here—I did not notice anything in the prisoner's hand—I thought he was putting on the appearance of drink at the station.
WILLIAM CORNELL . I keep the County Terrace public-house, New Kent Road—on 29th April, about 9.30 p.m., Webb came in, and my barman handed me a bad half-crown—I went outside with Webb, and said, "Point out the man who gave you this"—he pointed out the prisoner, who darted into the road and ran round an omnibus—I went round it the other way, and he came up with a stone or something in his hand and knocked me down—I have the mark now—he then kicked me in my ribs, and I have got a bandage on now—he then kicked me on my kneecap, and then I caught him by his throat and called for assistance—my
barman and two or three others came, and we took him into the house and gave him in custody.
Cross-examined. I am pretty powerful—I bled a good deal and had a black eye as well—this was nearly a month ago.
JAMES JEWELL . I was called, and found the prisoner detained in the bar—he was charged with uttering a had half-crown, and with assaulting Mr. Cornell—he said, "I did not know it was bad, I have not another penny in the world"—he was very violent, and I got two other constables to assist me in getting him to the station—he threw himself down and kicked and plunged—we met another constable, and it took the four of us to get him to the station—he kicked Roy on his chest, and very nearly on his mouth—I found three pawn-tickets on him—he staggered about but was not drunk—he was shamming, but I think he had been drinking.
GUILTY . He then PLEADED GUILTY** to a conviction of a like offence, at this Court, in May, 1878.— Five Years' Penal Servitude, (There were two other indictments for the assaults.)
Before Lord Chief Justice Coleridge.
MESSES. POLAND, MONTAGU WILLIAMS. and HORACE AVORY Prosecuted.
ANNIE JOHNSON . I am single, and live at 101, Mint Street, in the front parlour downsiairs—the prisoner and deceased lived upstairs in the back room—on Saturday afternoon, 16th April, between 5 and 6 o'clock, I was sitting in my room having tea with John Monger; he was living with me—the deceased had been out that day drinking, she was very drunk; she came to the street door, the prisoner came up just behind her I heard her making use of very bail language to him—he asked her to go up and get his tea ready—she told him to go himself—he asked her for the two-shilling piece—she said she had not got it—he then knocked her down and struck her twice outside my door—she went upstairs and he followed her—they were quiet until between 9 and 10 o'clock, then I heard her say "Get off the bed and go away, I don't want you"—he said "Get my tea ready;" she said "Get it ready yourself; "he said "Get the two-shilling piece;" she said "I have not got it, it is as much mine as yours"—I then heard her come across the room and fall against a chair, and she laid a few minutes and she said "You have kicked me in my back, I will lag you"—I did not hear anything more, I went out—I did not see any fail downstairs—I saw her next morning, but did not speak to her—on Monday afternoon her sister said something to me—I went out about 10 o'clock, and was out about an hour and a half—the woman died on Wednesday night—I did not see her between the Monday and Wednesday.
JOHN MONGER . I am a lead-pipe maker—I lived with Johnson at 101, Mint Street, in the front parlour downstairs—on Saturday evening, 16th April between 5 and 6 o'clock, I was at home; I heard the prisoner and
deceased at the street door quarrelling about a two-shilling piece and about some tea—I heard him tell her to go upstairs and get his tea, she said "Get it yourself"—I then heard a fall against our door—I then heard two blows struck, and I heard her make an offensive noise with her mouth and say "You can't hurt me"—after that she went upstairs and he followed her, and that was all I heard—I went out about 6.30, and did not return till past 12, all was quiet then.
HENRY CARNE . I am a labourer, the deceased was my sister; she was about 25 years of age, I am 15—I occupied the same room with her and the prisoner—on Saturday night, 16th April, I got home about half-past 8 o'clock—the prisoner was lying on the bed and my sister too, both asleep; they were both dressed—I went out again and returned about 11.30, they were still on the bed—I went to bed—the prisoner afterwards got up and said to me "I gave her 2s. to go and get some tea"—he said that two or three times—he then hit her with a strap; it did not wake her—he then took her off the bed by the waist and threw her on the floor; she woke then—he then hit her in the face with the strap, which caused a black eye—she said "I will lag you"—he then picked up a piece of wood, a bit of a fish trunk, and made aim at her head; it missed her—she was standing at that time—he then punched her and kicked her twice—she was then on the floor; I am not sure that his foot kicked her, but it went under her—she said "I will go and fetch a policeman"—she went to the door and he followed her and went outside—I saw nothing more till I saw him carry her up in his arms and lay her on the bed—I did not hear her go downstairs—I did not hear anybody fall downstairs—she was out drinking all next day, Sunday—she did not complain to me on the Monday—on Thursday morning I woke up about 6 o'clock and found her dead in the bed, and quite cold—the prisoner had gone, he had slept there that night—when he came home in the evening he told me he thought she was in a deep sleep, and he could not wake her.
By the Prisoner. I don't know whether she fell downstairs—I did not hear any fall downstairs; I was in bed at the time—my sister was drunk when you threw her down; she fell pretty heavy.
LAURA. DOWNING . I am the wife of a sailor, and live at 101, Mint Street, in the back parlour, downstairs; the prisoner's room was over mine—on Saturday, 16th April, I was at home—between 9 and 10 that evening I heard a heavy fall over my head; it was as if somebody had thrown them down—after the fall I heard him say, "Why did not you get my tea?"—she did not say anything before that, but afterwards she said, "You have kicked me; oh my back"—he said, "It served you right, why did not you get my tea, as I gave you the money?"—I did not hear any more after that—I went out about 10.30, and did not return till 12.30, when everything was quiet—the prisoner had been living there with the deceased for some months—I did not hear or see any fall downstairs that night.
ELIZABETH CARNE . I live at 9, Redcross Court—the deceased was my sister; she had been living with the prisoner between nine and ten months—on the Sunday after this had happened she made a complaint to me, and I walked with her to Guy's Hospital—I did not go in with her—when she came out she had some strapping on—on the Tuesday after that she showed me her back: there were two large bones sticking out just at the back, and a bruise at the lower part, and she had a black
eye—I got an order for the parish doctor, who came and saw her—I saw her dead at 6 on Thursday morning.
Cross-examined. My sister told me that some strange man had kicked her in the small of the back—she did not say it was you—I said, "Did he kick you?" and she said, "I don't know; I was drunk."
THOMAS DAY . I am senior dresser at Guy's Hospital—on Sunday night, 17th April, between 7 and 8, two women came to the hospital; one of them complained about the lower part of her back—I examined her, as far as she would allow me—she would not allow me to examine her to my satisfaction—I strapped up the lower part of her back where she complained of pain—she told me she had fallen downstairs—I did not see any bruises.
THOMAS DELAHAY (Police Inspector M). About 3 in the afternoon of 21st June I received information of the death of this woman, and went to 101, Mint Street, where I saw the prisoner—I asked him if he could account for the woman's death; he said, "I can't account for it any more than what she told me as she was going to the hospital on Sunday night, that she had fallen downstairs"—at the station he was charged with causing her death—he said, "We were drinking in a public-house; about 5 on Saturday evening I gave her 2s. to get some tea with; she went with other women to a public-house and spent a shilling, then went to another public-house and spent the other shilling; when I returned home she was drunk, and there was no tea for me; she then wanted to go out, I told her not to go out, and she then fell downstairs; I went downstairs, picked her up, and carried her upstairs and put her on the bed"—I noticed the staircase leading from their room: there is a small landing, about a yard square, at the top, and a fencing on each side.
ALFRED MATCHAM . I am surgeon to the parish of St. George's—on Tuesday morning I received a parish order to go to 101, Mint Street, and there saw the deceased in bed in the first floor back, very ill, and suffering much pain; she could not turn over in bed—she was too ill to be removed to the infirmary—I found the lower part of the ribs on the left side strapped up—she had a black eye, and the face was swollen—I gave her medicine—I did not see her again till after death.
ROBERT GIBSON BROWN . I am medical officer to St. George's Work-house—on 23rd I made a post-mortem examination of the body of the deceased—it was well nourished; very much bruised, some more recent than others—there was was very serious mischief in the right kidney, the pelvis of the kidney was full of blood; there was a corresponding external and internal bruise—that injury was the cause of death; from urenic poisoning, and also shock to the system—I have been to the house and examined the staircase—I do not think the injury to the kidney could have been caused by falling down that staircase; it might have been caused by a kick or by some direct external blow—she had a drunkard's liver, but that was not what she died of.
Prisoner's Defence. She told her sister she had been out drinking with tome strange man, who kicked her in the back. She had been drinking all day, and fell downstairs.
GUILTY .— Five Year' Penal Servitude.
Before' Mr. Recorder.
Before Robert Malcolm Kerr, Esq.
MR. HEWICK, for the Prosecution, offered no evidence.
NOT GUILTY .
582. WILLIAM QUINN (26) PLEADED GUILTY to four indictments for forging and uttering endorsements on orders for the payment of 20l. and 7l. 2s. 6d., and for stealing those orders.— Twelve Months' Hard Labour. And
MR. DUFF Prosecuted.
ELIZA NIGHTINGALE . I am a widow, of 72, Tustin Street—the prisoner came to my house on Wednesday, 16th March, as a lodger—she stayed till the following Tuesday—I gave her the key of my house when I was out, and she had the means of getting into my room—I missed a 50l. Bank of England note, 1l. in gold and silver, a thimble, a chemise, and a pawn-ticket, which had been concealed in my bedding—I went to the place where the prisoner worked and made inquiries, I also gave information, and stopped the note at the bank—I next saw the prisoner at Bromley—I recognise my thimble and the pawn-tioket—I identify the articles produced as mine.
Cross-examined by the Prisoner. You borrowed my thimble one night—a man was doing up my house; he went in and out with a latch-key—I said I did not like his being in, but it was all locked, except the street door.
JOHN SNELGROVE (Police Sergeant.) I apprehended the prisoner on 25th March—I told her the charge—she said a soldier had 4l., and Jane Qrutcher had part besides—when I mentioned 50l., she said she expected it—I found the pawn-ticket with a purse at the prisoner's lodgings at the Swan Hotel.
Cross-examined by the Prisoner. I swear you changed it.
ELIZA NIGHTINGALE (Re-examined). This is like the note I had; I took the number; this is it. (Handing in a piece of paper)—the pawnticket was put in the same place as the note—it is not my writing on the back of the ote.
Prisoner's Defence. I borrowed the thimble, and had it my pocket by mistake, but I never took the 50l.—I went with a young chap to Bedford—I said "I expected it" in reference to another charge.
GUILTY . She was further charged with a conviction of felony at Gosport on 9th April, 1880, to which she
PLEADED NOT GUILTY.
CHARLES ABRAHAM (Gosport Policeman 15). I was present at the Gosport Petty Sessions on 9th April, 1880 when the prisoner was convicted and sentenced to21 days' hard labour for robbing a furnished lodging—I had her in my custody at the time.
GUILTY .**— Five Years' Penal Servitude.
MR. DUFF Prosecuted; MR. LILLE Defended.
JOHANNA COLLINS . I am a laundress, of 20, Belgrave Road, Peckham Park Road—on Sunday night I was in Cambridge Street about 9.15, and was going with a young woman to the Palmerston to get a pint of beer—the prisoner knocked up against me, and said to the young woman, who is his sister, "I am going to the Palmerston to have a pint, will you come?"—there were a lot of gentlemen in, and we did not go in, but he gave her threepence—soon afterwards I saw Mr. Pemberton and the prisoner on the ground—I asked what was the matter—the young woman said "My brother has hit the old toff"—with that I got away.
Cross-examined. I went to two public-houses with the prisoner's sister—I left the last public-house at 9.50; I was there about 20 minutes—I have never been convicted—I was summoned four years ago and fined—I never quarrel with any one—the prisoner's brother and his young woman gave evidence against me—there were five or six young chaps with him in the public-house.
JOHN PEMBERTON . I live at 8, Castle Street—I am a brass finisher—on 17th April I was in the Coach and Horses public-house, kept by Mr. Carter—I spoke and drank with two females—I left two or three minutes after they did—I was going down Brown's Place, when I was met by two men; Shea was one; I have seen him before—these men followed me about 60 yards—the place is about 60 or 70 yards in length—I was kicked from off my legs—I lost my watch; I was not sober.
Cross-examined. Brown's Place is rather dark—there are no lamps; they want a few there—of course I had a difficulty of keeping my pins, because they were broken when I was kicked.
Re-examined. My present injury is the result of the kicks.
THOMAS HANCOCK . I shall be 17 next birthday—on Sunday night, 17th April, I was in the Coach and Horses public-house—I saw the prisoner there—I saw Mr. Pemberton come out with two girls; he went down the court—the prisoner followed a few minutes afterwards—I heard him say when I got to the bottom "We do not want a row to-night"—I saw Mr. Pemberton on the ground—I picked up a piece of chain, and gave it to the gentleman—I am sure the prisoner is the man I saw.
Cross-examined. I had seen him before in Nelson Street—I knew him by sight—I have not said I did not know him till the sergeant told me what his clothing was—his brother took me into the public-house, but I never said anything of the kind—they asked me if the sergeant told me the two girls stopped at the door of the court—when I went down I went because I thought there was something up—I am quite sure there was only one man who followed Mr. Pemberton down the court.
HUBERT BUTLER . I am a surgeon at St. Thomas's Hospital—I remember Mr. Pemberton being admitted; he was suffering from a broken leg—it was a good deal bruised, but I should have expected more from a kick—I believe he was brought in on a Sunday night.
Cross-examined. I should not call him drunk—the fracture may have been caused by a fall.
Witnesses for the Defence.
said "Where are you going?" I said "I am going home"—he said "May I come with you?" I said "No"—he said "Will you take a glass of ale with me? "and I refused—I went home—I do not think he was sober, from the way he pushed up against me—I stayed indoors about three-quarters of an hour, when 1 came out and looked for the prisoner; he is my young man—I found him in the Coach and Horses—I saw the prosecutor coming out with two girls; one was the prisoner's sister—he was asking the sister to go with him, and she did not like to go—I called the prisoner out, and said "There is your sister going with some man"—the prisoner went up and said "What are you doing?" his sister was frightened, and did not answer—he Baid "If you don t go home I will pay you out," and me and my sweetheart went and remained in the public-house till dosing time—I saw Fitzgerald there—I did not see two girls afterwards—the prisoner was not away from me at all; we were both together—when he ran after his sister I ran too.
MICHAEL FITZGERALD . I am a chimney-sweep—on Easter Sunday evening I was in the Coach and Horses, from about 6 in the evening till 25 minutes to 10, when I went back to the Palmerston—I was absent about half an hour—I had not seen Shea till I saw him at the Palmerston about 10 o'clock—when I returned to the Palmerston the prisoner was in a different compartment with a young woman, who remained with him till 11 o'clock, when I was asked to put up the shutters, which I occasionally do, and I had a drink with him.
JULIA SHEA . I live at 6, Crown Street, Avenue Road—the prisoner is my brother—on the evening of Easter day I met Johanna Collins, and we walked together, and had some beer at the Palmerston—we met Pemberton—he said "Good evening, dear," or "Miss," and asked if we would have a glass ofale; we said we did not mind, and he said "Here is threepence," and we had a glass of stout and mild—the prosecutor came in when we were drinking it, and said "Halloa, you are here, are you?" he was in another compartment—he said he would be round in a minute; he came round, and said "Will you have another?" and he paid for another—when we were going towards our own terrace my brother ran up, and said "What are you doing with that man?" I was frightened, and he said "If I catch you with him again I will kill you"—I did not see any more of him—I saw White come to take my brother away—she said "Do not hit her, she is doing nothing"—I was too frightened to notice where my-brother went—I did not see him do anything to the prosecutor—I did not say to him in consequence of what I saw "Come away"—I was too frightened to speak a word when he hit me—I went to the terrace for no other purpose than to go to the Pabnerston; I did not go there because my brother ran after me—I was in the Coach and Horses that evening with a man and Johanna Collins, and we had three pints of stout and mild with him.
Before Mr. Justice Field.
MR. RIBTON Prosecuted; MR. LILLY Defended.
is also a horsekeeper in the same employ as I am, the London and South Western Railway—I have to be at work at 6 o'clock, and on 2nd May, about 5.50, I came down and saw the prisoner at the bottom of the stairs—she opened the door from the back yard and held it ajar with one hand, and with the other she threw the intents of a cup in my face, and said, "There is your lot"—it caused me great pain on my face, and my mouth was in a terrible way, and I could not see for a minute or two—I rushed to the tap and washed it off—she was given in charge the same morning—her face was injured as she and her husband were fighting over-night, but I do not believe she said, "I have got it through you."
Cross-examined. When her husband has been at work she and I have been in the house alone, when my wife was ill in the hospital—the prisoner washed my wife's things at that time—I did not go into the room where she was washing, but I might have fetched some water from the washhouse when she was there—I cannot remember whether we were ever alone there—her husband never spoke to me about anything in connection with her—he did not charge me with having kissed his wife on that occasion, but he did to somebody else, and my wife told me—I did not speak to him about it, and confess it, and ask him to let the matter drop—I have never kissed her, or touched her, or invited her, nor did I say to her "There are not two in a hundred that are true to each other:" nothing like it—my wife was not very well pleased when she heard it said—I have a daughter seven years old—I have a lodger named Wilson and her daughter; I do not think they were annoyed and angry—the prisoner did not in his wife's presence speak to me about having kissed her—I hesitate because I am thinking—I come to the conclusion that it was not so—I heard my mistress and the prisoner and her husband on the stairs talking, but did not hear what they were talking about, and I went upstairs to them and tapped the prisoner's husband on the shoulder, and said, "If I had known you had not been a married man you would never have entered my house"—he said, "How do you know I am not married?"—I said, "Your wife told me you were not married when you entered my house"—nothing was said then about my kissing the prisoner—he never said so to me, only to other people—we then went down the road together, and he begged me, not to go to Nine Elms and say what had passed upstairs—I persist in saying that at no time was any mention made of my having misconducted myself with his wife—he was not employed in the same stable with me—I know that he beat her on 30th April, and it was said that it was in consequence of the charge made against me of having kissed her—I saw her face bruised and beaten—the prisoner may have said after this, "Look at my face, which you have been the cause of," but I cannot say, for I was in such agony—I do not remember answering, "What has that to do with me?"
Re-examined. I saw marks on her face that morning—she had had a knock on her face with a fist; she had a black eye—I had heard that there had been fighting between them on the Saturday before—I never kissed her or made any proposals to her, I have kissed that book to say I would tell the solid truth, and I have—I expect she told her husband I had—she has never given me the opportunity.
EMILY AUBER . I occupy the ground-floor at 48, Camelia Street—on 2nd May, about 6 a.m., I heard a cry, jumped up, and saw the prisoner in the middle of the yard with a cup in her hand; I cannot tell whether
it was empty or full—I went out and saw Eastwood standing in the back yard, shuddering—I helped him to wash his face—I found this bottle in the grate on the Thursday afternoon. (Labelled, "spirits of salts," poison.)
Cross-examined. My room is downstairs—an unkindly feeling has existed between the prosecutor and prisoner since Good Friday, but I am not aware that there have been quarrels—the prosecutor's wife wished the prisoner to leave the house, and she would not—I heard the rumour that Eastwood had kissed her,' and I heard the prisoner deny that she ever said it or ever did it—Eastwood was never asked to deny it; he was never charged with it in my presence—the prosecutor's wife said, "She says that your husband kissed her, and she said it. before about another man in the house, and I wished them to go out of the house, and they would not;" and on Saturday night I went to the prisoner herself—although I was not very friendly with her, I used to say good night and good morning when I saw her—she may have had toothache and used spirits of salts to remove the pain, but I never went into her room till after she left, and then I found the bottle—I did not notice her face on the Sunday morning—I heard her husband and her quarrelling—I did not hear him beating her, but when I saw her face at the station I was very much shocked.
JAMES CAVE (Policeman W 145). I was called, took the prisoner, and told her the charge—on the way to the station she said "I hope it won't blind him, but I don't see why I should suffer all the pain and him none; he kissed me about a week ago in the washhouse, and I told my husband, and he quarrelled with me on Saturday night and gave me this black eye"—she had a black-eye—she said at the station that I should find the bottle On the hob.
Cross-examined. She said at the station that it was a pennyworth of salts which she had bought for her toothache—on the way to the station she said "Why I threw it was because he disowned it"—I found a cup on the ground in the yard the same morning, all broken to pieces—she had a black-eye, but I saw no other marks on her face.
JOHN CROSSMAN . I am a surgeon, of 128, Wandsworth Road—on Sunday, 2nd May, about 6 a.m., I was fetched to Eastwood's house, and found his lips a great deal excoriated and the tip of his tongue also, and a little of the front gums—some spots of acid had also marked his skin about his nose and face, and his eyes were inflamed—I applied the usual remedies as rapidly as possible; he was quite unfit to go to work up to Tuesday night—this bottle was empty and dry when I saw it, but from the effects on the skin I know that it was muriatic acid—that is a corrosive fluid which would inflict the injuries I saw—if it had struck his eyes it might have blinded him.
Cross-examined. You can get this acid in any oil-shop—it is used for domestic purposes—it is applied for toothache, but it is very dangerous; it would destroy the nerve—you may also apply it to warts.
The prisoner received a good character.
GUILTY. Strongly recommended to mercy by the Jury in consequence of the treatment she received the night before. — Two Months Hard Labour.
ADJOURNED TO MONDAY, JUNE 27TH, 1881.