CENTRAL CRIMINAL COURT.
McARTHUR, MAYOR. ELEVENTH SESSION.
A star (*) denotes that prisoner have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they ore 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, September 12th, 1881.
Befere Mr. Reorder.
754. JOHN CHARLES SUTTON (18) PLEADED GUILTY to stealing, whilst employed in the Post-office, two post letters, containing 72 stamps, the property of Her Majesty's Postmaster-General. He received a good charaeter.— Eighteen Months Hard Labour . And
755. HENRY HALL alias NORTON (25) to stealing, whilst employed in the Post-office, four letters, two post-office orders and a cheque, also to forging a receipt to the said order.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
SCAMMELL PLEADED GUILTY .
MR. J. P. GRAIN Prosecuted; MR. GEOGHEGAN defended Whitehead.
WILLIAM HUTT (City Detective). I received information from Sergeant Davis, and went to Muscovy Court and watched the premises No. 5 on the morning of 12th August, about 9.30, I saw the prisoner there with a pony and barrow; he went up the court towards the prosecutor's Ware-house, remained there a few minutes, came out, put the seat in its place, and Scammell then brought a half-chest of tea and put it on the barrow and went up to the warehouse again—Whitehead covered the cheat over with a sack and two or three pieces of oilcloth, as it was a damp morning; he then drove away—I followed, stopped him in the Minories, and called Davis, another officer, to my assistance—I asked him what he had got; he said "Some tea sweepings"—I said "Where from?" he said "From Mr. Reed's, Muscovy Court"—I said "Let me have a look"—he took the lid off, I saw it was a mixed tea with no dirt amongst it—I said "What did you give fox it?" he said" 1s. 4d. a pound"—I told him I should take Mm into custody for receiving the half-chest of tea well knowing it to be stolen—I took him to the station, went back to the warehouse of Mr. Reed, and found the foreman (Scammell) had absconded—Whitebead said it was the first transaction; that the man came to him on the Wednesday night and said it was a sample, and he paid
3l. 6s. 8d. for it—I asked him if he had a receipt, he said "No"—the chest contained about 50lb in weight—Whitehead is a dealer in empty chests and barrels, and waste and dirty stuff—Scammell lives about 300 or 400 yards from him.
Cross-examined. It was raining as we went to the station, and he covered the chest with some tarpaulins—he left the barrow in the court while he went up—it had his name on it—he answered my questions perfectly frankly and without hesitation.
JOHN DAVIS (Police Sergeant). On the 12th August I saw Whitehead at Seething Lane Police-station—I told him I was a detective sergeant, and charged him with stealing and receiving this chest of tea—he told me he paid 1s. 4d. a pound for it; I asked him if he knew the person he had received it from; he said he had never seen him before, and it was his first transaction.
EDWIN REED . I am a member of the firm of Reed and Co., tea merchants, Muscovy Court, City—Scammell was in our service as packer—he had no authority to sell anything—I have looked at this tea, it is blended tea—I know nothing of Whitehead, I never saw him before—the selling price of the tea is 3l. 15s.—prior to this 12th August I had given instructions to the police.
Cross-examined. 3l. 15s. is the selling price to the wholesale trader—Scammell has been in my employment three or five years, he has several boys under him—I trusted him, he had the keys of the warehouse.
ALFRED HENEY SCAMMELL (the Prisoner). I lived at I, White Hart Street, Bethnal Green, when I was in the prosecutor's employment—I have known Whitehead some time, but never spoke to him till some months ago—I saw him on the night previous to his taking the tea, just by his own house in High Street, Mile End New Town—it was agreed that he was to have the tea at 10d. per pound, and I was to get it by stealing it—he had had tea from me several times before, which I got by the same means—he came and fetched it—he paid the same price before.
Cross-examined. I sold it before in boxes, it did not matter how—I have been with Mr. Reed three or four years—I had a character when I went there—he treated me well, gave me good wages, and put confidence in me—I have robbed him five or six times—I began to rob him several months ago.
Re-examined. Whitehead has taken away the proceeds of the robbery in every case.
WHITEHEAD received a good character.
GUILTY .— Twelve Months' Hard labour . SCAMMELL— Twelve Months' Hard Labour.
NEW COURT.—Monday, September 12th, 1881.
Before Mr. Common Serjeant.
MESSRS. LLOYD and COUCH Prosecuted.
ALBERT GREGORY (Policeman E). On 3rd August, about 11 p.m., I saw the prisoner on the Seven Dials with a man named Voules, who I knew—they went to the Noble Arms, Red Lion Street, and I saw the prisoner come out and go to the King's Head public-house, Dudley Street—I fetched Tebler—we went in, and I said to the prisoner "I believe you have some counterfeit coin in your possession, I shall search you"—he had another man with him—I searched the prisoner and found six bad half-crowns wrapped separately in one long piece of paper, and one loose, and 1s. 9 1/2 d. in another pocket—I said "This is bad;" he said "If it is, you put it in my pocket—I had not done so—he pretended to be asleep, but I saw him go in two or three minutes before—he was sitting on a seat.
Cross-examined by the Prisoner. You were not intoxicated, but I believe you had been drinking—I do not think you were asleep when I came in, you could not have gone to sleep in the time—I have frequently seen the man with you, with a man who has been convicted—I did not know him as a coiner, but I have seen him with coiners—you accused me before the Inspector at the station but I do not remember you doing so before the Magistrate—the other man at the King's Head had no bad money in his possession—a shopkeeper on the Seven Dials says that he is certain you passed a bad florin to him, but he would not attend.
Re-examined. Each coin was separated by a long piece of paper, which went round and round them.
JOHN TEBLER (Policeman 156 A). I was with Gregory—I have heard his evidence and agree with it—I searched the prisoner in the King's Head and found these coins on him—he said to Gregory "If they are bad you must have put them there"—nothing was found on the other man, and we let him go.
WILLIAM WEBSTER . I am Inspector of coin to the Mint—these seven half-crowns are counterfeit; they are kept in paper to keep them from rubbing; one man carries what they call the swag, and gives out one coin at a time, to the man who goes to pass it.
Prisoner's Defence. I was drunk, and went into the house with a man. I told the inspector that the coins must have been put into my pocket, and I was ignorant of it.
GUILTY . He then PLEADED GUILTY** to a conviction of a like offence in October, 1879.— Two Years' Hard Labour.
MESSRS. LLOYD and COUCH Prosecuted; MR. FRITH Defended.
LOTTIE MACHELL . I serve in the bar of the Mitford Tavern, Amherst Road, Hackney—on 17th. August, about 8 p.m., I served the prisoner with some Irish whisky—he gave me a florin, I put it in the tester and found it bad—this is it (produced)—I said "This is a bad one; "he said "I did not know it, I took it in a tram"—I gave it back to him, and he paid the other young woman half-a-crown—the landlord fetched a constable—I identify the coin by the mark of the tester.
Cross-examined. He was not charged—I afterwards saw him at the police-court—he was the only man in the dock—the prisoner saw me test the coin, but he could not see me having the conversation with the landlord—that
took me two minutes, during which time he sat there drinking his whisky, till a policeman came in a few minutes—Mr. Stevenson did not charge him.
WILLIAM FRANCIS STEVENSON . I keep the Mitford Tavern—on 17th August I was in my private parlour, and the last witness told me something; I went round the bar and called a policeman in—I asked the prisoner to give him the coin; he did so, saying that he had taken it from a tram-car conductor at Kingsland—I said "How do you account. for changing a half-crown?" he said "I gave it to a tram conductor, and he gave me the florin and four pennyworth of halfpence"—I asked why he did not pay for the whisky with the halfpence; he said that he had a pint of beer at the Castle and half an ounce of tobacco.
Cross-examined. I have no memorandum of what was said—the prisoner said that if time was given him he would endeavour to find the tram conductor.
CHARLES SMITH (Policeman 500 M). Mr. Stevenson called me into his house and said that the prisoner, who was there, had tendered a bad florin—I asked the prisoner for it, and he took it from his left trousers pocket and put it on the bar—this is it—I marked it at the station and have kept it ever since—I found on the prisoner a half-crown and 2s. 4d. good money—he was not given in charge.
Cross-examined. He said that he got it in change from a tram con-ductor, and he said the same at the station, but that it was no use looking for him, for he did not think he should know him.
NELLIE BUTT . On the night of 17th August I was serving at the Flying Horse, Hackney—I served the prisoner with some ale, he put down a shilling; I tried it with my teeth and found it was bad and gritty—I said "This is a bad one," and gave it to the landlord, who told the prisoner that it was bad—he said that he knew where he had taken it; the landlord gave it back to him, and he paid with good money and left—he came again the next night about 11.30—I served him, he tendered a florin—I tried it with my teeth and went to the landlord—he came and said to the prisoner "You came in last night and gave me a bad shilling, and you have come again to-night and given my barmaid a bad twoshilling piece"—he said that he took it of a tram-oar conductor—a constable was sent for—this is the coin, I know it by the marks I made on it.
Cross-examined. I said that it was bad, and the door was open, but he stood there, not attempting to get away—barely three minutes elapsed while I showed it to the landlord—he could hear that a policeman was sent for—I heard nothing about the tram-car conductor.
ALBERT EDWARD COWELL . I keep the Flying Horse—on 17th August the last witness handed me a bad shilling—I told the prisoner it was bad; he said he was very sorry, but he knew where he took it—he paid for the drink—he mentioned several persons' names in the neighbourhood, and on the faith of that I let him have it back—on the next day the last witness pave me a bad florin—the prisoner was present—I sent for a policeman, and Humphreys came, and I gave the prisoner into his charge, with the florin, which lie marked.
The Prisoner's Statement before the Magistrate. "I am innocent of knowing it was a bad two-shilling piece. I was never near the Mitford, and know nothing of them."
GUILTY . Me then PLEADED GUILTY** to a conviction of felony in Nov., 1872.— Eighteen Months' Hard Labour.
ROBERT BUDD . I am barman at the Northumberland Arms, Russell Street, Covent Garden—on September 1st, between 4 and 5 o'clock, the prisoner came in with two other men, one of whom ordered a pot of ale, for which he paid with a shilling—I showed it to my matter, and they all three ran out without drinking the beer—I had not put the change down—I knew the prisoner; he was a regular customer at a house which I came from—my master bent the shilling and the constable marked it—I know it by the colour as well—the prisoner was about two yards from the man who tendered the money.
CLARENCE WEST . I manage the Northumberland Arms—on 1st September, between 4 and 5 o'clock, Budd showed me this bad shilling—I turned round and saw the prisoner and two others running out, shoving one another; the prisoner was the last—I jumped over the counter, saw a constable outside, gave him a description of the prisoner, and saw him at the station 10 minutes afterwards.
Cross-examined by the Prisoner. I have seen you before, and have often refused to serve you.
GEORGE BAIN (Policeman 443 E). I was in Russell Street and saw the prisoner and two other men go into the Northumberland Arms—knowing the prisoner, I pushed the door open and looked at the three men; the prisoner was standing at the bar, two or three yards from the two others—I went away, and shortly afterwards saw Mr. West standing at the door, who told me something, and I went in search of the prisoner and found him alone, standing at the corner of Wellington Street—I waited till another constable came up, and then took the prisoner to the station, searched him, and found 16 counterfeit shillings; he produced nine of them loose from his trousers pocket, and then offered me fire more from the same pocket and dropped them into my hand, but he brought a piece of paper out with them—I told him to keep his hands still and from the same pocket I took out two shillings—I then searched Aim further and found two good florins and sevenpence in his right-hand trousers pocket.
Cross-examined. I told the Magistrate first that the coins were wrapped in paper, but I corrected that when my deposition was read over—when he gave them to me he said "They were given to me to hold by another man"—there was no paper with the two coins—you were talking to a waggoner just before I arrested you.
The Prisoner's Statement before the Magistrate. "The evidence of the constable is false. The money was in my hand. The money was
wrapped up in paper, as the constable said last week. A man had given it to me to hold."
Prisoner's Defence. Two men who I knew by sight came up me, and one of them said "Hold this for me while I go in here." I did so, and the constable came up. If I had known I had anything bad, I had plenty of time to get away.
GUILTY .†— Twelve Months' Hard Labour.
OLD COURT.—Tuesday, September 13th, 1881.
Before Mr. Recorder.
761. CHARLES WILLIAM PEAECE (38) PLEADED GUILTY to feloniously sending to William Adams a letter demanding money with menaces.— To enter into his own recognisances to appear for judgment when called on . And
762. JOHN PETERS (47) to two indictments for embezzling 5l., 8l. 4s. 6d., and 4l. 10d., of Alfred Preston and others, his masters. Strongly recommended to mercy.— To enter into recognisances to appear for judgment when called on. [Pleaded guilty: See original trial image.]
MR. CARTER Prosecuted; MR. GEOGHEGAN defended Penfold; MR. FILLAN defended Gossett.
JOHN BOXALL (Policeman TR 47). On the evening of 19th August I was on duty with three other officers in plain clothes in St. Pancras Road—the prisoners were there with another man not in custody—shortly after 7 o'clock they were walking together towards Kentish Town; we followed and lost them several times on the road for a few minutes, and the last time we saw them was in Alma Street, Kentish Town; they then all three came out together from No. 3, and shut the door behind them—we distributed ourselves, two at one end of the street and two at the other—I and 381 Y followed the prisoners as they left the house—I saw a struggle going on with the sergeant and Gossett; 154 Y was lying on the road; Penfold and the other man not in custody were gone—I assisted the sergeant and took hold of Gossett and took him to Kentish Town Police-station—I searched him and found seven common door keys in his right-hand coat pocket, 22 spoons, seven forks, and a gold pencil case, which the prosecutor afterwards identified as his property—I asked him how he accounted for being possessed of these things—he said "A man gave me them to carry. I don't know where they came from"—I was examined before the Magistrate the next day, and again on the Wednesday following—on the 1st September I sent a report down to Chertsey Police-station, in which Penfold's name was mentioned—next day I received a telegram and went to that police-station, and found Penfold detained there—I recognised him at once and told him he would be charged with a man in custody and one not in custody with burglary, on the 9th August, at No. 3, Alma Street—he said "It is all a mistake"—I have no doubt that he is one of the men I saw.
Cross-examined by MR. FILLAN. I have since found out that Penfold is the nephew of the prosecutor—he did not tell me that some one
told him to go into the house to get the property—Penfold and the other man ran away while Gossett remained.
Cross-examined by MR. GEOGHEGAN. I have known Penfold about 18 months—I do not know where he lived, but I had some idea—I was 20 or 30 yards away, at the door of No. 42, watching, when we saw them come out—381 Y was with me—the owner of the house was there, I believe, behind us; he is not here to-day—I heard of Sergeant Head going to Pen fold's lodging to identify him before he was taken at Chertsey—he said he believed he went to the wrong house; he did not say he had seen Penfold—I know that Penfold's mother has kept a beershop at Chertsey for years—he has been in the Marines—all I saw of Penfold was that he was running away up the street.
ROBERT DINSMAN (Policeman Y 154). I was in company with three other officers in plain clothes on the evening of 19th August—I saw the two prisoners and another man. not in custody, about 7 o'clock—we saw them first about two miles from Alma Street, and followed them for about two hours, when we saw them at the end of Longman's Lane—I kept observation with Sergeant Walsh at the bottom, and the other two men went to the top—we were about 40 yards from No. 3, out of which I saw the two prisoners and another man come after we had been watching for about three-quarters of an hour—Sergeant Walsh caught hold of Gossett—I caught hold of the other two, and directly I put my hand on Penfold the other one struggled and pushed me head over heels over the other one, and they both got away—I ran after them and called out, but was unable to catch them—I went back to No. 3—I saw two parcels (produced) of flannels and children's clothes lying between the parlour door and the front door inside—I had seen Penfold before.
Cross-examined by MR. FILLAN. I know nothing against Gossett's character.
Cross-examined by MR. GEOGHEGAN. The man not in custody struck me—I lost sight of them three or four times while we were following.
WILLIAM THOMSON (Policeman Y 381). I was in company with the other officers in Alma Street, and I saw both the prisoners come out of No. 3—Gossett was laid hold of by the sergeant—I ran down the street and saw Penfold running away, and as he ran he dropped this jemmy—I picked it up—I saw the sergeant struggling, and I went to his assistance—I went to the house and examined the front door, and saw marks which corresponded with the jemmy; also on the front parlour door, which had been forced, and a door upstairs as well—these two bundles of wearing apparel were lying in the passage ready to be taken away, and these tea-caddies were on the table in the front room; they had been forced.
JAMES WALSH (Police Sergeant Y 37). I was with the other officers in Alma Street—I saw the prisoners and another man come out of No. 3—Gossett was taken on the spot—I can speak positively to Penfold—I took hold of Gossett, and we had a struggle; I hit him on the nose and cut it, he hit me three times—Penfold knocked Dinsman down and got away—we had been watching the men for about two hours, and for two nights previously—I had plenty of opportunity of seeing them—I passed and repassed them several times.
Cross-examined by MR. GEOGHEGAN. Penfold was taken into custody on 3rd September—on the Wednesday following, the 19tn August, I
think, I went to Penfold's house, No. 12—I think I saw him there in bad, but I would not be certain—to the best of my belief now it wag him—a man who was with me in uniform flashed his lantern in his face, and I said to him "Don't alarm yourself; you are not the man we want," and I left the house, but that was not the house to which I was directed—I cannot tell you who directed me there, for reasons.
Re-examined. The clothes were very much about him—I would not be sure, and rather than make a mistake I would not take him—he was undressed and in bed—I have no doubt that he is one of the men I saw on the night in question.
JAMES HENRY BROWN . I live at 3, Alma Street, Kentish Town—on 19th August I was at Brighton—I had left, the house on the 13th—I merely shut the front door; it had a Bramah lock, which shut with a spring—I locked and fastened the back—I left two keys with a person who I desired to look after the house—I keep fowls at the back, and Wanted them looked after—I identify the articles produced—these keys are not mine—I know Penfold; my brother married his sister, but I have not seen him since he was a lad—he had no authority to be in my house; I don't think he has ever been there—I was present when he was charged; he said to me "Jim, I have been dragged or drawn into this"—at the police-court he said "I have been fetched into it"—that was after he had been charged with being concerned in the burglary.
Gross-examined by MR. FILLAN. I never heard of his calling at my house.
Cross-examined by MR. GEOGHEGAN. He said at the police-court "I have been drawn into it; I am innocent"—I have heard that he was in the Marines and invalided home, but I don't know it; he was not on visiting terms with my family.
GEORGE FREDERICK BRADBEAR . I live at 5, Prince of Wales Crescent, Kentish Town—on 13th August Mr. Brown left with me the key of hit front door—I visited the house twice a day to feed the fowls—I was there on the 19th from 7 to 7.30—the house had not then been disturbed at all—everything was quite safe.
Penfold Statement before the Magistrate. "I am not guilty. I was in a public-house on the night and on the previous nights.
Gossett received a good character.
GUILTY .— Fifteen Months' Hard Labour each.
MR. WILLES Prosecuted; MESSRS. KEITH FRITH and MORICE appeared for the Bullimores and Briers, and MR. MONTAGU WILLIAMS for Stratton.
JOHN LETTS . I am a dairyman at Church End, Finchley—I had a field at Bethune Farm, close to Friern Barnet, and in that field I had a rick of hay—on 25th August, about 8 in the morning, I went to that field, and then there were 36 trusses there; it was tied up rough for my own consumption, not for market—about half-past 12 that day I was going towards the field, and met the two Bullimores and Briers each in charge of a horse and cart, with three or four trusses of hay in each cart—I went to the field, and missed about 12 trusses—I then tracked the carts by the loose hay that fell off to Stratton's premises at Southgate;
be is a dairyman and cowkeeper; I saw the prisoners there—I asked Thomas Bullimore what he had done with my nay.; he said "Oh dear, oh dear, don't look me up. I will tell you the truth; I have taken 12 trusses, I will pay you double for it, don't lock us up"—the other two said the same—I asked Stratton whether he had bought or received any hay from these three men; he said "No"—I asked him again, and he said "No,"—the hay was in the loft—I asked him in the presence of the constable where the loft was; he said "There"—I don't think he pointed to it—I went into the cowshed and looked about, and in the loft I found the 12 trusses—I have a sample of it here; it was meadow hay, the same as this—I told Stratton it was my property, and Asked how he accounted for its being there; he said the three prisoners brought it there as a sample—I said "You must know better, because they don't bring hay in dung-carts that has wet cow manure in them"—he said they had brought it there, and said he could have it for 8l. 10s.—I told him I had no dealings with the men, and had not authorised them to dispose of it, and told him it was not straw price—the value of it was about 6l.—the prisoners were not in my service—I gave them all into custody.
Cross-examined by MR. MORICE. I had never sold any hay to the prisoners, or authorised either of them to deal with it—I did not tell Thomas Bullimore that I would look him up before he said "Don't lock us up"—he said "I have taken 12 trusses"—he did not say he was taking it to Mr. Stevens's farm—he did not say where he had got it.
Cross-examined by MR. WILLIAMS. Stratton was present when the other prisoners said "Don't lock us up"—I did not say to Stratton "Where is my hay?"—he did not say "Your hay?" nor did I answer "Yes"—he did not say "I have not got your hay;" that I swear—the policeman was present; he did not say "You have got some hay on your premises," nor did Stratton say "Yes, come and see it"—I went up into the loft—I identified it by the appearance—my hay was next to Mr. Stevens's rick—I understand the three prisoners worked for Mr. Stevens; I don't know it—Stratton was a perfect stranger to me; I don't know Southgate, I live three or four miles from there.
Re-examined. I did not speak to the men when I met them in the lane—the carts were filled with cow manure.
WILLIAM BURR (Policeman Y 207). On 25th August, a little after 2, in consequence of what Mr. Letts said, I went with him to Stratton's yard, and there saw the prisoners—there were two carts standing outside and two inside, loading with manure—I spoke first to Stratton, and asked if he would show me the hay which the three other men had brought to the yard—he said "They have brought no hay here"—I said "Have you not bought any hay of these three men this morning?" he said "No"—the prosecutor turned round and said to Thomas Bullimore "Don't you think you ought to be ashamed of yourself in robbing a poor man like me of this hay?" he said "Oh dear, oh dear, don't have us locked up; we will pay you anything rather than you should have us locked up"—he begged and prayed several times not to be locked up—the other two prisoners made Borne remark which I did not hear—Mr. Letts asked Stratton how he could account for the hay; he said "Well, I was out of bay, and these men told me this morning they bad Something they could sell belonging to the master, and they brought me 12 trusses as a sample; I have not paid for it yet, they said they thought it would be about 3l. 10s. per load."
Cross-examined by MR. MORICE. The prosecutor said to Bullimore "Don't you think you ought to be ashamed of yourself?"—that was the beginning of the conversation—he afterwards said he would look them up, and they begged several times not to be locked up.
Cross-examined by MR. WILLIAMS. I was standing close alongside of Mr. Letts—I put the first two questions to Stratton, not Mr. Letts—he afterwards asked him how he came possessed of the hay; he said "I want you to show me where it is," and Stratton said "In the loft"—he said "Where is the loft?" and Stratton pointed to the shed, and said "There"—Mr. Letts then got partly into the loft and saw the hay, and said "This is my hay," and he then came down and asked Stratton how he accounted for it—I did not hear Mr. Letts say "Have you bought or received any hay from these men?" nor did I hear Stratton say "No"—I know Stratton; he is a cowkeeper, and has been there a number of years—I have been there 13 years—I have no complaint against him—I don't know that he is deaf.
WILLIAM SCHOFIELD . I am in the prosecutor's employ—on 25th August I was with him in Friern Barnet Lane—I called his attention to something I saw in the prisoners' carts; the hay was the same as this which I produce a sample of from the hayrick.
Witnesses for the Defence.
RICHARD GADD . I am farm bailiff to Mr. Stevens, of Bethune Park Farm—the first three prisoners are in his employ; Thomas Bullimore was head carter, the other two would be under his direction—I did not know Stratton till about two days before this transaction, when he asked me about this hay of Mr. Letts's; I said there was some hay down there, but I thought it was almost spoilt—he said "What do you think the price of it is?" I said "I think if you take it it would be worth about 3l. 10s. a load"—that was all that passed—this farm was occupied by Mr. Letts before Mr. Stevens came into possession of it—we had some of the hay to repair the top of a hayrick of Mr. Stevens's.
Cross-examined by MR. MORICE. I cannot charge my memory whether I asked Mr. Letts's leave to use his hay; I believe there had been some conversation about it—I believe these two samples of hay are similar—I call it loose hay—I did not authorise the prisoners to take the hay—I should not like hay to be taken in a dung-cart.
Re-examined. I believe the hay that was taken to repair Mr. Stevens's rick has been paid for or allowed for—I can't say when; I believe Mr. Letts and Mr. Stevens have had transactions together, and have known each other for some time.
ELLEN BOWYER . I know Mr. Stratton—on 25th August I was on a visit there when Mr. Letts and the policeman came there—I was in the kitchen, the door was open; I heard part of the conversation; I heard Mr. Letts say "You have got some of my hay"—Mr. Stratton said "Your hay, no, not any of your hay"—the policeman said "You have got some of Mr. Letts's hay"—Mr. Stratton said "No"—Mr. Letts went half way up to the loft, and said "This is my hay"—that was all I heard.
Cross-examined. I am not Mr. Stratton's niece, or any relation—I heard nothing said about the three men bringing the hay.
was in the scullery with Ellen Bowyer, and heard what passed:—the prosecutor said to Mr. Stratton "Have you got my hay?"—he said "Your hay, no"—the policeman said "It is on your premises"—he said "Go up in the loft and see"—they never offered to go—my father went up, and Letts went half way up, and said "Yes, that is my hay"—that was all I heard.
Cross-examined. I heard Mr. Letts ask my father if he had bought or received any hay from the three men—no, he never asked the question.
Re-examined. Yes, he did, and my father said "No." Stratton received an excellent character.
GUILTY . Recommended to mercy by the Jury and prosecutor.—THOMAS and ARTHUR BULLIMORE and BRIERS— Six Month's Hard Labour each . STRATTON— Six Weeks' Hard Labour.
MR. LILLET Prosecuted.
ALFRED STONE . I am an upholsterer in Foley Street—in the early morning of 20th August I was returning home about half way down Percy Street; I suddenly felt an arm round my neck from behind, whether I was kicked or not I don't know; I fell in the gutter very heavily with my head in the road and my feet on the pavement—I had my hands in my pocket at the time—I found my watch and chain being taken; I was powerless to prevent it—directly I got on my legs I cried out "Police!" and "Stop thief!"—I could not see anybody; I heard footsteps running away, and I ran in that direction, and when I got to the corner of Wind-mill Street I saw the prisoner in custody—this (produced) is my watch and chain.
ALFRED PERRY (Policeman E 339). I was on duty in Rathbone Place; I heard cries of Police!" and "Stop thief!" and saw the prisoner running—I pursued and captured him; he fell on a grating—I held him till the prosecutor came up, and he said the prisoner had knocked him down and stolen his watch—I took the prisoner to the station.
Prisoner's Defence. I was running away from a female when I was taken.
GUILTY .— Nine Months' Hard Labour.
NEW COURT.—Tuesday, Sept 13th, 1881.
Before Mr. Common Serjeant.
MESSRS. LLOYD and COUCH, Prosecuted.
LOTTIE BILUNGTON . I am barmaid at the Guildhall Stores, Basinghall Street—on 10th August, between 7 and 8 p.m., I served the prisoner with a small lemonade, price 2d.; he gave me a bad shilling—I called my master up from the cellar, who said to the prisoner "This is a bad shilling—he said "There are plenty of them knocking about now"—Mr. Willis said "If you like to bring a police officer I will give you the shilling back again"—the prisoner ran out—this is the shilling; it is marked
" G"—I put it on the mantel shelf, and it was left there till next morning at 10 o'clock, when I gave it to Egan.
Cross-examined by the Prisoner. You received no change for it; you did not walk out, you ran—you gave me a good shilling, and I gave you change for it.
WILLIAM KING . I am manager at the Bed Lion public-house, London Wall—on 10th August, between 7 and 8 p.m., Benson (See next case) came to the dark part of the bar, asked for a glass of beer and put down a shilling; I tested it, found it was bad, and said to him "Have you come in the dark to try it on?"—he said "What is it?"—I Raid "It is a bad shilling, and you know it"—I had bent it and slightly out it—I threw it on the counter, and he picked it up. and said "If that is the case I will give you another"—he did so, and I gave him 10d. change, and he left—Richmond had been in about two minutes before for twopenny worth of gin, and paid with a shilling—the moment Benson left I went to the till, and found a bad shilling at the top of the shilling compartment—I broke it; this is it marked "L"—no one had been in between Richmond and Benson.
Cross-examined. I did not say at the Mansion House that I could not identify you, but that I could not identify the shilling I found in the till.
MARGARET KENNEDY . I am barmaid at the Cock and Woolpack, Finch. Lane—on 10th August I served the prisoner with a small lemonade. price 2d.; he gave me a shilling; I put it on the metal, and then in the till—I did not like the colour of it—I gave him the change, and he left—afterwards, in consequence of what the manager said, I went to the till and picked out the shilling by it being discoloured and gave it to him, and saw him put it on the shelf—it is marked "W."
Cross-examined. It was in the till about five minutes—I noticed the colour when you gave it to me and rang it on the metal, but did not put it in the tester.
EDWARD HEPWORTH . I am manager at the Cock and Woolpack—on 10th August Egan came to me, and in consequence of what he said I spoke to Kennedy, and she brought me a bad shilling—I gave it to Egan—this is it.
JOHN EGAN (City Policeman 150). On 10th August, about 7.30, I saw the prisoner and Sullivan and Benson in Cheapside, and followed them to Guildhall Yard, where the prisoner left the other two, and was away about two minutes; I did not see where he went, but they all three joined together at Guildhall Buildings, and Richmond handed something to Sullivan, and all three went along Basinghall Street to London Wall, where Richmond went into the Red Lion—I lost sight of Benson for a minute or two—Sullivan was at one corner; he always held the house in view—I saw them join in Fore Street, and saw something pass between each of them several times in Moorgate Street—I followed them down Threadneedle Street to Finch. Lane—I saw Richmond go into the Cock and Woolpack—Sullivan remained by Cornhill, and Benson remained in sight of the house—I went in and spoke to the manager—they all joined together in Cornhill, and I and two other officers followed them down Birchin Lane—they turned round, saw that they were being followed, and turned hurriedly into Change Alley as if to escape—Sullivan ran, and I secured him, and handed him over to another constable—Richards took Richmond, and I assisted him—we took the three prisoners under an
archway in Change Alley, and brought them all back—I put my hand into Sullivan's trousers pocket and took out a lot of silver and copper—on the way to the station Richards said "He has something in his hand," meaning Richmond—I forced his hand open, and took from it this bad shilling—we took the prisoners through Abchurch Lane to Thames Street Policestation, where I saw Richmond crushing something between his teeth, and we forced a shilling from his mouth in two pieces (produced)—they are both marked "R"—I produce another shilling given me by Morton marked "changed," and another marked "B," which I got from Miss Billington—I received a shilling in three pieces from King marked "L," another marked "W" from Mr. Hepworth, a portion of a shilling Marked "K" from Keeping, and eight bad shillings given me by Richards—Richmond said at the station "You have got us for loitering; you have got no uttering against us"—there were no utterings them—on the way to Seething Lane Station Richmond said "You have got us lot loitering; why did not you wait and get us straight?"
DAVID RICHARDS (Policeman 580). On 10th August, about 8.15, I wont to Egan's assistance, and we followed Richmond and two other men through Birohin Lane and Change Alley—Keeping and Morton were with me—I took hold of Richmond in Change Alley; he put his right hand in his waistcoat pocket, and as he drew it out I took hold of it, took 1s. from his hand, and gave it to Egan—we went to the station, and about two hours afterwards I went through Abchurch Lane, and saw a small piece of paper in the carriage way; I gave it a kick, and 8s. rolled out of it; I picked it up and found 5s. in it, making 8s—we had been that way with the prisoner—I gave them to Egan; they are marked A—we went near the bank of Montreal in Change Alley; that is the place where Richmond was apprehended; it is in an arehway leading out of Birchin Lane.
WILLIAM KEEPING (City Police man 663). I took Benson in Change Alley, and next morning, August 10, at 6.5, I was going through Change Alley, and found the half of a bad shilling, which I gave to Egan; it is marked H—it was within a few feet of where I took Benson.
ESTHER HUGHESMAN . I am the wife of Robert Hughesman, of 19, Birohin Lane—on the evening of 10th August I saw policemen and other persons in Change Alley, and twenty minutes or half an hour afterwards I found this bad shilling on the window sill of the Bank of Montreal exactly where the men had stood—I marked it with my teeth and gave it to Morton.
WILLIAM WEESTER . These shillings marked G, L, R, and W are bad—the broken one, marked L, is from the same mould as G; both are of 1864—these eight shillings marked A are bad; three of them are of 1857, one of 1852, one of 1855, and one of 1864, which is the same mould as G and L, and one of 18.61—this one marked K. is of 1852, and from the same mould as the former one of 1852—the one marked "changed" is of 1857; it is bad, and from the same mould as the other of 1867 uttered by Richmond—there are sixteen altogether.
The prisoner in his defence stated that he received the coins at the races, and When he found on passing some that they were bed he attempted to make away with the rest.
GUILTY . He then PLEADED GUILTY** to a conviction of feloniously uttering counterfeit coin in June, 1878.
MESSRS. LLOYD and COUCH Prosecuted.
HENRY WILSON . I am a fancy stationer, of 17, King Street, Twickenham—on 11th June, about 11.40, Benson came in for a penny memorandum book—he put his hand in his pocket, pulled out a quantity of coins, and I saw a coin in the palm of his right hand; he pretended to take it out of his left hand, and when he had put the coin back in his pocket he handed it to me; it was a half-crown—I said "This is a bad one"—he said "Is it? give it to me back"—I tried it with my teeth, and detected the grit at once—I said "Oh no"—he said "If it is bad I took it at the Waterloo Railway Station for a ticket to Bushey Park—I sent for a policeman and gave him in charge—he was remanded and discharged—I gave the half-crown to the constable and saw it marked.
JOHN PRYKE (Policeman T 632). On 11th June I was called to Mr. Wilson's shop, who gave Benson into my charge with the half-crown-Benson said that he must have taken it at Waterloo—he was searched at the station, and a half-crown, two shillings, two sixpences, and three pence, all good, found on him, and a railway ticket from Waterloo to Teddington—he was discharged.
The evidence of LOTTIE BILLINGTON, WILLIAM KING, MARGARET KENNEDY, EDWARD HEPWORTH, JOHN EGAN, DAVID RICHARDS, WILLIAM KEEPING, ESTHER HUGHESMAN, and JAMES MORTON in the former case was read to them from the shorthand writer's notes, to which they assented.
Sullivan's Defence. Benson is my brother-in-law. I have been working for nearly six years, and never had a stain on my character. We met Richmond, who knew Benson, and the policeman took us in charge.
Benson's Defence. My brother-in-law and I met Richmond, who had a race card in his hand. He gave us something to drink. I was never in his company before. He got his change, and we were apprehended.
RICHMOND— GUILTY **.— Seven Years' Penal Servitude . SULLIVAN and BENSON— NOT GUILTY .
FOURTH COURT.—Tuesday, September 13th, 1881.
Before Robert Malcolm Kerr, Esq.
768. THOMAS GEE (49) PLEADED GUILTY to stealing 20 pieces of cloth, and within six months four yards of cloth, and within six months two yards of cloth, of Montague Hyam, his master; also to a conviction of felony in March, 1874, at Guildhall.— Judgment respited.
MESSRS. POLAND and JONES Prosecuted; MR. MONTAGU WILLIAMS Defended.
JAMES CHARLES ROEL CRUSE . I am clerk to Mr. Chilcotts, Registrar of the County Court, Truro—I produce the proceedings in the liquidation of Thomas Reed, of Truro, filed 12th March—it was his own petition,
signed "Thomas Reed"—the first meeting was held on 5th April—the total assets are 6,974l. 12s. 3d., and the total liabilities 11,991l. 5s., exclusive of securities held by secured creditors—the order to prosecute, dated 22nd June, 1881, is made by Mr. Viney, one of the Committee of Inspection—Mr. Chirgwin was appointed trustee at the first meeting.
Cross-examined. I came from Truro to attend this trial—Mr. Chirgwin is a Truro man—I have not seen him here.
ARTHUR CLARK . I am secretary to Messrs. Dewar, Son, and Sons, Limited, of 12, Wood Street, Cheapside, linen manufacturers and Manchester warehousemen—the defendant has been their customer certainly 10 years—on 4th February he owed the firm about 200l.—I held his acceptance, which was due on 4th February, for 64l. 9s. 4d.—I received from him a letter of 3rd February, enclosing a cheque dated 9th February for 34l. 9s. 4d., and his acceptance for 35l. 3s. 6d.—the bill was not met, and a cheque was substituted for it—I received a letter on 8th February requesting us to hold the cheque for a week, and afterwards the letter of the 12th saying that they hoped to make up the difference, and then a letter of the 17th saying that he was not able to meet the cheque—I wrote on 21st February saying that he must remit, and he said on the 22nd that he would call about it—the cheque was paid into our bankers and dishonoured—on 28th February the defendant called at our warehouse—Mr. Colmer, a managing director, was present—the defendant was asked how it was he had not met his cheque—he attributed it to the bad weather—he stated that he was perfectly solvent, and produced this slip of paper, ready written, with a memorandum of figures—it shows 11,724l. assets and 6,470l. liabilities, leaving a balance of 5,254l. assets—Mr. Colmer and I looked at it, and suggested that it should be put into proper form as a balance-sheet—he consented—he was then asked if that was all he owed, and if he would sign it—he signed it—he then asked if he could have some goods, and he went to the warehouse and purchased goods to the amount of 36l. 16s. 8d.—they were supplied on credit—he asked me to hold over a cheque for 34l. 9s. 4d., which we agreed to—I relied upon his statements, and in consequence of them allowed him to have these goods—I heard on 12th March that he had filed his petition—the firm are now creditors for 238l. 6s. 6d.
Cross-examined. Up to the year 1880 the defendant had a partner—the defendant would buy as much as 30l. or 40l. worth of goods at a time, and about 500l. worth a year—we always had the highest opinion of him as a customer—he had always met his liabilities.
WILLIAM HENRY RANDALL . I am assistant manager in the entering room of Messrs. Dewar—on 28th February I entered a parcel of drapery goods to T. Reed, of Truro—they were made up by the porters and sent off in due course from the packing-room.
THOMAS COOPER . I am manager of the counting-house department of Caldecott, Sons, and Co., Cheapside—Mr. Andrew Caldecott has one partner—I have known Reed some years as a draper, of Truro—on 28th February he owed our firm 285l. for goods supplied—his acceptance came due on 4th March for 77l. 1s.—on 28th February he "called and stated that he should not be able to meet it, and asked us to renew it
in two amounts, 40l. 11s. to 10th May, and 37l. 12s. 3d. to 20th May—we agreed to that—I spoke to the accountant about the account—I told Reed the account was conducted so unsatisfactory that we would rather close it—he put a statement before me showing a surplus of over 5,000l., and represented that was his surplus at that time—in consequence of that I agreed to renew the bill—he wanted further goods, and I said I should have no objection to that, because of his having so large a surplus—he selected goods to the amount of 38l. 18s. 2d.—I supplied those goods, relying on his statements—I believed him to be a highly-respectable man—I received notice on 12th March that he had stopped payment.
Cross-examined. He was in partnership with a Mr. Parking and a Mr. Little—he had dealt with us for 15 years, or perhaps a little more—he had a good reputation in Truro—the amount of business he did with us was 250l. or 300l. a year.
WILLIAM ROBEY . I am clerk to Messrs. Ladbury and Viney, accountants, of Cheapside—I have investigated Mr. Reed's affairs—his liabilities were 11,991l. 5s., and his assets 6,891l. 2s. 8d., at the time of his stoppage on 12th March—this statement (produced) contains the details—it shows a deficiency of 5,100l. 2s. 4d.—I have seen the statement showing a surplus on 11th February of 5,255l.—I have ascertained that there was then a deficiency of 2,954l. 18s. 7d., allowing for all the book debts being good—the stock was worked back from what has been bought since, less the profit made—the claim of the bankers is stated to be 3,050l., whereas the balance would be 5,365l. 0s. 10d.—the cash creditors were stated to be 750l., whereas there were five cash creditors amounting to 2,272l. 13s. 10d., named J. James, J. Brewer, J. Hodges, Jane Reed 160l. 9s. 11d., and J. N. Reed 1,379l. 13s.—the trade creditors are put down as 2,670l.; the amount should be 3,774l. 14s. 10d.—these figures appear from the books Reed surrendered on his liquidation.
Cross-examined. The bank were the largest creditors—the amount is 5,300l.—James and Brewer are no relation to Brewer, the Reeds are sisters—I have not made a break in the account at 1st December to see if his liabilities were reduced to 1,044l. 11s. 7d. between 1st December and 12th March—I have made the account up to 8th February—I should have to go through the account to tell you that, or to tell you if he had paid into the bank 2,284l. 9s. 9d. between those dates—his partnership was dissolved on 1st December, 1880—I am not aware of any property or money having been improperly made away with—the books have been very improperly kept—the smaller books are in Reed's writing—I believe he has made considerable payments to other creditors—his partner retired with nothing.
Re-examined. This list of creditors shows that goods were supplied to Reed by warehousemen in other cities, and that his creditors at Truro would be the bankers and regular customers—besides the regular books of his business he had large private books, in which there are entries
which he appeared to have kept up to the time he stopped—the application for the order to prosecute was from 27 creditors—the other partner is liable, but he has no means.
The Prisoner received a good character.
NOT GUILTY .
OLD COURT.—Wednesday, September 14th, 1881.
Before Mr. Justice Lopes.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. HORACE AVORY Defended.
LOUISE FLUTANT (interpreted). I live at 4, Blyth Terrace, Lambeth, and am the wife of Edward Flutant, who is a clockmaker—about 1 o'clock on the morning of Wednesday, 17th August, I was on Westminster Bridge, going towards Lambeth; no one was with me—I first saw the prisoner in uniform on the bridge with a woman, about at the third gas lamp; they were talking—I did not notice what the words were—they were a little drunk—I passed by them, and then afterwards when they stopped, I stopped also, and saw they were playing together; she was getting up on the parapet of the bridge—the soldier assisted her in getting up and over the other side, the side next the water—her feet were first on the parapet, and afterwards suspended over the water—the prisoner at that time was holding her by the hands at the top of the parapet—I don't believe he was holding her to prevent her falling—I did not see that he held her hands, but I saw that he held her like that (describing)—his hands were not round her waist, but when she was over the parapet he took hold of her arms, and then he let her drop, and she disappeared under the water—I was two or three yards away when I saw this—after he let her fall he did not look over the bridge, but walked away at once—he then had a stick, which I had not noticed before, in his hand—he did not exclaim or cry out at all—I followed him, and called out "Police"—he walked in the direction of Charing Cross—I saw a coffee-stall man there, and spoke to a woman who was passing at the time—I afterwards saw the prisoner taken into custody—some days after I saw the body of the woman—I had not known her before—they were on the right-hand side of the bridge going towards Lambeth.
Cross-examined. I was dressed in black on that night—I saw no one else on the bridge at the. moment this occurred—I saw no cabs pass—I was very near them when the woman dropped, two or three yards, not 20—when I first saw them they were standing still—they were a good deal drunk; they were staggering about—I heard them talking as I passed—there was nothing to attract my attention—they did not seem cross with one another—I told the Magistrate they spoke like drunken people who did not know what they were talking about—I became frightened when I saw her suspended, but I thought they were playing, and I still thought so when I saw her on the other side of the parapet, up to the moment that she fell—I do not think so now—I did not speak to them; I was going to do so, and tell them not to play like that, when he had hold of her hands, but I had not time to do it—she 'got on to the parapet of her own accord; the prisoner did not help her, but he
assisted her in putting her legs over on the other side of the parapet by taking hold of the back of her dress by her waist, and then he was obliged to let her go so that she could put her feet down—he continued to hold her by the back of her dress until her legs were on the other sideof the parapet—I did not see him have hold of her round the waist at any time—when she was over the parapet he held her by the hands, and she was suspended—I said before the Magistrate "He took her by the waist, she slipped through his arms, and then he held her by the hands"—I did not exactly see her slip through—I was standing so that they could both see me all this time—after I saw the woman drop I said to him "What have you done?" he did not answer.
Re-examined. I did not hear anything said by either of them—they did not look angry.
By MR. AVORY. I did not see the stick in his hand before he went away—I did not see him stoop to pick it up.
By the JURY. I saw him holding her about half a minute on the parapet—he did not seem to pull the woman towards him; he let her go—her face was towards the prisoner.
By MR. AVORY. I said before the Magistrate she was obliged to turn round to look at him—she had to turn round to step over the parapet.
CHARLES TOWNSEND . I live at 2, Price's Court, Gravel Lane, Southwark, and am a cabdriver—on Wednesday morning, 17th August, between seven and eight minutes to 1, I was going with my hansom cab across Westminster Bridge, from the Lambeth side towards the Houses of Parliament, on the left-hand side; nobody was inside my cab—I noticed a soldier in uniform and a female on the bridge—the female was sitting on the parapet on the left-hand side, at about the fifth lamp-post past the centre—the soldier's arm was round the back part of her waist; she was facing him—seeing her without bonnet or shawl—directly I pulled up the soldier pulled her, and she jumped off, but when on the pavement the soldier was still connected with her by his hand round her waist—she doubled her fist, and hit him in the chest with her two fists—I heard no words between them, and drove on—I should say they were both sober—I cannot say whether they were in play or earnest; it appeared to me when I went away that they were in play; there were no words between them—I had seen neither of them before—I can't recollect the man now by his face—one female was walking up from the Houses of Parliament, and there were two females some distance behind her by the railing.
Cross-examined. When I saw the woman sitting on the parapet I thought the soldier's arm was round her waist to prevent her falling.
By the COURT. He could have prevented her from drowning herself if he wanted to—when I left them they were standing on the pavement; he seemed to pull her down from the parapet.
CHARLES HENRY CUDD . I live at 3, Holland Street, Brixton, and am a cabdriver—I was examined before the Coroner, but not before the Magistrate—on the morning of Wednesday, a few minutes before the clock struck 1, I was on Westminster Bridge with my hansom cab; I had a fare inside, and was driving towards the Surrey side—I saw a soldier in uniform with a woman having a lark together on the right-hand side; I thought he was trying to take liberties with her—they were on the pavement, leaning against the side, with her back to the parapet,
and her face towards him; he was close to her, he had his arm round her, and I thought he had his hand up her clothes—I said to him "If you are going to do the job do the job at once, don't play with the girl;" he looked at me—I spoke to the fare to call his attention to the soldier, and he said he wanted to get on—as I started on I looked back and saw the prisoner catch hold of the girl and lift her on the parapet; then he got away about a yard, and left her alone; she was sitting on the top by herself, with her face towards the road—I went on with the cab, and when I had got about five cab lengths past them I found the girl was missing—the soldier looked over at the place where the girl had been standing, and then walked away towards Westminster—I could not say whether they were sober or not—I knew neither of them before—the woman had no bonnet, and, I think, no jacket on—I put my fare down in the York Road and came back, but I saw nothing but cabs and people looking.
Cross-examined. I had only gone five cab-lengths when I noticed she was missing—I was walking, although the fare said he wanted to get on, till I saw the woman had gone, and then I trotted—I saw a woman dressed in black not far from them—she was about twenty yards off—I did not see anything to lead me to believe that the prisoner was going to hurt the girl, or that she was going to hurt herself.
FANNY MCGREGOR . I live at 33, Romney Street, Westminster, and am single—I was at a coffee-stall at the left hand side of the bridge past the clock-tower on Wednesday morning, 17th August, about 1 o'clock or just before—I knew the deceased by sight—she was an unfortunate woman—I do not know the prisoner by sight, but I saw him that night—I had first seen them together by the Abbey about a quarter to one, the worse for drink, and quarrelling as far as I could see—as I passed, I heard her tell him to go and b—himself—he made no reply that I heard—they were not walking arm in arm, nor steadily—I saw them turn the corner by the Houses of Parliament going towards the bridge—I never saw the woman alive again—when I was at the coffee-stall I turned round to drink my coffee, and the French lady came across the road—she was very excited and made a statement to me—I saw the soldier walking away very fast from the parapet of the bridge from the right hand side towards the Embankment—I did not speak to him nor hear him say any-thing till I saw him at the King Street Station; there I heard him say he had known the woman four years and a half—I afterwards saw the body of the woman at the mortuary—she was the same woman whom I knew as Emma Thomson.
By the COURT. He also said he had quarrelled with her and he had just made it up that night.
Cross-examined. This was in the police-station before the constable—they were both very drunk when I saw them by the Abbey, they could hardly stand.
By the COURT. I did not know her name—I knew her by sight and to speak to.
JOHN EDWARD SHELDON . I am a private in the 2nd Battalion of the Coldstream Guards—on the morning of 17th August, about 1 o'clock, was on Westminster Bridge, coming from the Lambeth side, on the right side, nearest Charing Cross; as I was coming over I saw the prisoner cross over the road from the centre of the bridge on to the same side as
I was—he appeared to be sober—I saw Mrs. Flutant running across the road; she looked at me, and I followed the prisoner—he walked along the Embankment towards Charing Cross—I went up to him—a constable was with me—he had got about 50 yards—I said to him, "What is the matter?"—he said, "I and a girl have had a few words, and she got on the parapet of the bridge and said, 'Shall I jump over?' and I said, 'Yes'"—the policeman then asked him whether he was in company with the female or not—he said, "Yes"—he asked where she was—the prisoner replied, "Over the bridge"—he appeared to be very cool and collected—he did not appear to me to be the worse for drink—the constable took him to the station—he was walking at an ordinary pace—I have been in conversation with him, but not long—the tide was running out.
Cross-examined. We have drunk together in the canteen—we were friendly—we belong to the same battalion, but he belongs to the Scots and I to the Coldstreams—I was out on leave on this night till 6.30 in the morning—I was in uniform—I was not examined before the Coroner; I was before the Magistrate—I was quite sober—I should say the prisoner was sober—he might have had a glass, or two or three, not too much—he did not appear to be walking to get away.
EDWIN WEST (Policeman A 196). About 1 o'clock on the morning of 17th August I was on duty by the Embankment, about 300 yards from the Clock Tower—I heard a screaming from the direction of Westminster Bridge—I at once went in that direction, and saw the French lady running from the direction of the bridge by the Embankment—she spoke to me—I saw the prisoner walking down the Embankment—Sheldon was not with me at the moment, he came up afterwards—I said to the prisoner, "Where are you going?"—he said, "Nowhere"—I said, "Were you in company with a female just now?"—he said, "Yes"—I said, "Where is she?"—he said, "She has jumped over the bridge"—I then told him I should take him into custody for throwing the woman over the bridge, and asked if he had done so—he said, "No"—he said they were having a few words, and she said to him, "Shall I jump in or not?" and he said, "Yes"—he did not say anything more—he had no doubt been drinking in the former part of the evening, but he was sober when I took him into custody—he appeared to understand what I said to him, and what he himself said—he walked as steadily as I could—I took him to the station, and the inspector saw him.
Cross-examined. I should say he had been drinking in the fore part of the evening by the appearance of his eyes, he seemed rather drowsy—he did not appear to have had too much—I had stopped the prisoner and had gone about 10 yards when Sheldon came up.
WILLIAM HENRY BAKER (Police Inspector A). On the morning of 17th August, at 10 minutes past 1, I was at King Street Police-station, when the prisoner was brought in by West—the first witness made a statement, and on that I asked the prisoner if he knew the name and address of the woman he was in company with—he said he did not—Fanny McGregor stated she had seen him in company with the woman in Parliament Square—he was then charged with causing the death of a woman, name unknown, by throwing her over the bridge—t read the charge over to him—he said, "I am not guilty of the charge"—he was sober then—I should say he had been drinking in the evening—he
appeared to perfectly understand what was passing—he was perfectly cool and calm—he answered the questions readily, and walked perfectly straight—the French lady said in his presence, "I saw him lift the woman up and throw her over."
Cross-examined. She was not at all excited when she made that statement—the parapet of the bridge is of iron, and very smooth and slippery, and about 3ft. 6in. from the ground—the prisoner had evidently been drinking, his eyes were glassy like a drunken man's eyes, but he was perfectly sober at the station.
ROSE DANIELS . I am an unfortunate girl, and live at 178, Albany Street, Regent's Park—on 23rd August I saw the dead body of Emma Thomson at the Mortuary at Stepney—I had known her for nine years—she was 25 years of age—she had spoken to me about committing suicide—I saw her about a month before 17th August—she said she was glad to see me, for she did not expect she should see me alive again; this was one afternoon on the Horse Guards' Parade, Whitehall—she spoke seriously, I thought she meant what she said—I said, "What reason have you for doing so?"—she would not give me any answer—she appeared unhappy—she had spoken to me a great many times about committing suicide—she came from Bristol—I saw her attempt to commit suicide about two months ago in Pye Street, Westminster, with a knife; she took it into the back yard and was going to cut her throat; she did not do it, we were in time to save her; I took the knife away from her—she was sober—she appeared to be serious in what she was saying—I have never seen the prisoner with her—I do not know him.
Cross-examined. I have seen her a great many times the worse for drink—she had only come out of prison a fortnight before this occurrence, she had been there 14 days.
CAROLINE BRIMS . I live at 99, Red Cross Street, Borough—I go out charing—I knew Emma Thomson—I saw her body at the mortuary—I saw her on the Tuesday night, about an hour before she went over the bridge, in Buckingham Palace Road, about 12 o'clock—I was talking to a friend there—she was alone—she asked me two or three questions—she had a bonnet on, but no jacket—she was not very sober—I did not see anything of the prisoner—I did not know him—she was living with me in Red Cross Street—I knew of her attempting to commit suicide twice; the last time was about three months ago—we were walking together over Westminster Bridge, and she said, "lam going to make a hole in the water"—this was about 11 on a Sunday night—she was sober—I asked her to come away with me, and she did; I laid hold of her and prevented her from doing it—she was against the parapet—she appeared to be in earnest—I caught her by the hand because I thought she would do it—she said she was jealous—I don't know what of.
Cross-examined. I had never seen the prisoner in her company—I knew him by sight.
ELIZABETH BENNETT . I am single, and live at 1, Queen's Place, Westminster—I knew the deceased for about two years—I knew she was acquainted with the prisoner—I have seen them together; he was in the habit of visiting her—I last saw her about three months ago—I don't know how long she had been with the prisoner.
Cross-examined. She was living in St. Ann Street between 10 and 11 months ago; that was the time I knew him visiting her—I have seen her in the company of other men, soldiers and others.
ROBERT MCNEIL . I live at 57, Maitland Street, Ratcliff—on the morning of 19th August, about a quarter to 5, I saw the body of the deceased in the barge lock of the Regent's Canal—I took the body to the mortuary—she had on a green coloured dress, but no hat or shawl.
GEORGE BAXTER PHILLIPS , M.R.C.S. I saw the body of the deceased at the mortuary at Poplar on Sunday, 21st, about 11 a.m.—I made a post-mortem examination—I should take her age to be about 25 or 26; the features were very much destroyed by decomposition, but the lower part of the body was perfectly free from decomposition, except the abdomen—there were no marks of bruises about the body inflicted previous to death—there were no signs of marks on the arms as if they had been grasped—the cause of death was spasm of the glottis; sudden death, not from drowning, but from falling through the air from the bridge; that was a sufficient cause, especially in a person so diseased as she was—there were not the usual symptoms of death from drowning.
Cross-examined. The lungs were very much diseased throughout, and adherent to the wall of the chest—the head and neck were very much decomposed, but the arms and body not at all—the hands were crushed; the bones were not broken; the skin was divided; that was done after death.
In reply to MR. JUSTICE LOPES as to how the case for the prosecution was intended to be presented to the Jury, MR. POLAND did not press it as one of a deliberate act of murder on the part of the prisoner, but that he encouraged and assisted the deceased in the act of self-destruction, and so was a principal in the second degree to that act.
MR. AVORY submitted that to constitute that offence there must be something in the nature of instigation and persuasion on the part of the prisoner to the deceased to commit suicide, and that a mere acquiescence on his part was not sufficient. MR. JUSTICE LOPES could not altogether agree with that suggestion, but the important question for the Jury was what was in the mind of the prisoner at the time.
NOT GUILTY ,
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. BESLEY Defended.
FRANCIS JOHN HABEN . I am a harness maker living at Clarence Street, Kensington—the prisoner lived at 10, Holland Street, Kensington—we both worked for the same master—on Sunday afternoon, 31st July, at 4.30, I was alone in the shop in Holland Street, and the prisoner came in; he walked to the back of the shop where I was, and without saying anything sprang at my throat with his two hands and pushed me against the wall—I struggled to get free; he picked up a round leathercutter's knife, one of these two (produced), which were lying on a board at the side of him, and stabbed at my throat once; then I lowered my head to get away, but I was between two boards, and he cut me about the back of my head and face four times—I knocked the knife from him and cut my hand—my wounds bled very much—I got up and tried to make my escape; he sprang on my back and put his thumbs down my throat; I dragged him towards the door; we fell again and rolled on the floor—I then got to the street and called for help—a passer-by took me to the hospital, and I was attended by a doctor—I have been ill ever
since from the effects—he did not say a word all the time—I had worked in the same shop nearly three years—I had not spoken to him daring the last two months because of a quarrel between my uncle and him.
Cross-examined. This happened on the Sunday before Bank Holiday—I did not know he was going to have a holiday—there were benches and seats about the shop used by the workpeople—I don't know if they were turned over—I remember having the knife in my hand when Mrs. Ann Parr came downstairs—I said "This is the knife," and made signs for her to go into the shop—he had not begun to cut his throat when I left the shop.
WILLIAM NORTHOVER (Policeman T 415). On Sunday, 31st July, I went into Church Street, and found the last witness bleeding from several cuts; he made a statement to me, in consequence of which I went to No. 10, Holland Street; I saw the prisoner in the shop a minute after seeing the prosecutor, with his throat cut, and held by one or two people—he appeared to be insensible, and was bleeding very much—I took him to St. George's Hospital—Haben went there also—on the 27th August I took the prisoner into custody at the hospital, where he had been ever since—I told him I should take him into custody for cutting and wounding Haben—he said "I quite understand it."
Cross-examined. Haben left the hospital first—I was not in charge of the prisoner at the hospital—three officers were there watching him alternately—I heard him make no statement except at the police-court, where he said, "I do not remember anything about it"—another of the officers heard him make that statement.
Cross-examined. The benches and tools were in the usual state.
EDWARD GEORGE PETT . I am a surgeon—on 31st July I was house surgeon at St. George's Hospital—about 5.30 p.m. Haben was brought there; he was in a state of collapse, suffering from great loss of blood—I found a deep wound in the throat about three inches in length dividing the sub-maxillary gland, exposing the sheath of the carotid vessels—it was a very serious injury indeed; it opened the larynx—there were four other wounds, one at the back of the neck, one at the back of the head, one on the forehead, and one on the chin; they were comparatively superficial; in two places they were down to the bone—they were done with a sharp instrument—the wound in the throat must have been inflicted with considerable violence—he remained under my care until the Tuesday before he appeared at the police-court, and he is still an out-patient—about half an hour after Haben was brought to the hospital the prisoner was brought there; he had a deep wound in his throat, opening the larynx and dividing the sub-maxillary gland; he was suffering from great loss of blood; it was a dangerous wound, and must have been done with considerable violence; he' was under my care till 27th August—either of these knives would inflict such wounds—during the time the prisoner was under my care he conducted himself in a rational, quiet, well-behaved way—he appeared to understand what he was about.
Cross-examined. They were both as bad as they could be—the prisoner was rather nearer death than the other—I had no conversation with the prisoner in reference to the occurrence—I have seen several cases of
epileptic vertigo—a person in that condition would have no recollection afterwards of what happened.
Re-examined. Epileptic vertigo is where a person is subject to fits of epilepsy—the prisoner had no epileptic attack while in the hospital—I did not see the least ground for supposing that his mind was in any way affected—there was nothing about him to indicate any appearance of epilepsy.
JOHN ROWLAND GIBSON . I am Surgeon of Newgate—the prisoner was admitted to the gaol on the 27th—I saw him the following day, and on the 29th, and since then daily up to to-day—I have not discovered any indication of unsoundness of mind—he appeared to me to be of perfectly sound mind, and to know what he was about—I have seen no indication of epilepsy.
Cross-examined. I am familiar with epileptic vertigo, it is a mild form of epileptic seizure—the prisoner appeared to be perfectly placid, and quite rational—he had lost a great deal of blood, and was very pale, and is now—the loss of blood might take away his memory for the time—he offered no explanation of how the thing occurred—he said he could not remember anything about it.
Witnesses for the Defence.
ELIZABETH PARNELL . I am cousin to the prisoner's mother—on Sunday, 31st July, I was in the room above the shop with Mr. and Mrs. Parr and the prisoner—he was sitting writing, and appeared perfectly calm and collected—nothing was said about his leaving the room—he did leave, and a few minutes afterwards we heard a noise which seemed like play—Mrs. Parr went down and said she would see what it was—in about two minutes she came running back screaming—his father went down, and I followed and found his father holding him—he had cut his throat—I took the knife from his hand—there was no sign of a struggle in the room.
HENRY PARE . I have been butler in a private family for 17 years—the prisoner is my son—he had two serious illnesses when he was 13 and 17—he was upstairs in the room all this morning calm and collected—I had never heard him use threats towards the injured boy—there had been arrangements for his taking a holiday for a week or ten days on the following Saturday—I did not notice him leave the room—I was alarmed by cries from my wife, rushed downstairs, and saw Haben outside our street-door leaning against the door-post bleeding—I went in the shop, and found my boy cutting his throat with one of these knives—I rushed and seized him from behind by his arms—all he said was "Go away"—I have been able to get no explanation from him of what had occurred—he has assured me he has not the slightest recollection of it.
The Prisoner received a good character.
GUILTY on the second count .— Five Years' Penal Servitude.
MR. CARTER Prosecuted; MR. PURCELL Defended.
LYDIA PARKER . I am the wife of George Parker, a cooper, and live at Leytonstone—in April last we were living at Havelock Place, Bethnal Green—I first saw the prisoner on Christmas Day—on the 20th April she came to my house at 9 o'clock at night, knocked at the door, and asked
to see my husband—he came, and she said that I had been with her husband all the afternoon—my husband said he did not believe it, and told her to go away—she stayed in the street outside the house about half an hour—in consequence of what my husband said, I and he went together to her husband's house at Hounslet Street, Bonners Lane—I knocked at the door, my husband standing by at the time—when she opened the door I asked to see her husband—she said I should not see him—she stayed in the passage a minute or two—I said I would not go till I had seen him—she ran down to the kitchen through a door facing me, and came back again with a white pot in her hand, and threw the 'contents over me, keeping the pot in her hand—it fell on my hands and clothes—it was like hot water—it burnt my clothes—this (produced) is the jacket and dress I was wearing at the time, and these are the marks on nay hands—they were all in blisters when I was before the Magistrate—Harriet How was present, and saw the stuff thrown.
Cross-examined. I went to a doctor—he is not here, but I have a certificate—I took out a summons against the prisoner two days alter—the first morning I was too late—I waited for a policeman that night for half an hour—the prisoner's husband i" a policeman—I wore a black jacket and a brown skirt that night and a black hat—the clothes produced have been in my possession ever since; they were shown to the doctor—I know Mary Shepherd: she lives next door—I did not tell her that it was hot water that was thrown on me, nor did my husband say he got the most of it—I have not spoken to her at all about it—before this was thrown over me the prisoner threw a piece of coal and a piece of wood at me; I have it here—I did not knock in the panels of her doer—the jacket has gone more into holes since by being folded up and put away; it was more like spots when it was done.
HARRIET HOW . I am the wife of James How, a silk weaver at Bethnal Green—on 20th April I accompanied the prosecutrix to the prisoner's house—I stood in the road a distance off—I saw the prisoner come up the passage with a white pot, and throw something over Mrs. Parker, who called out "Oh, she is throwing water over me;" a few minutes after she said it was boiling water—her clothes were all wet; before that they were dry and free from holes—she showed me her hands; they were rather red, and next morning I saw they were all in blisters.
Cross-examined. I am her aunt—there were a lot of people round, I dare say 20, trying to see what was going on—they knocked at the door twice—I did not see the panels go in; this was 9 at night, it was dark—I saw a piece of wood thrown at Mrs. Parker; that was after the stuff was thrown—the prisoner's husband came out after the row was over; he came down in uniform and went out—he asked what was amiss—nothing was said to him about the stuff being thrown—Mrs. Parker had on a black jacket and a brown dress; it was not a black jacket trimmed with fur—she showed me the clothes next morning—they were taken to Worship Street when we went for the summons.
MRS. BRANDON. I was sitting in my kitchen next door, and hearing a row, I went up and saw Mrs. Parker all wet and wiping her hands—she said the prisoner had thrown boiling water over her.
Witness for the Defence.
and live at 16, Havelock Place—I saw Mrs. Parker on this night as she came from Mrs. Coakley's—she had on a long black jacket with grey fur; it was not the one produced—I have known her two or three years, and lived next door, and I never saw her in this jacket—I went and saw her some days after, and I told her the prisoner said she had thrown some boiling water over her; and her husband said he got the most of it—she did not contradict me, she did not tell me that her clothes were burnt—she said "I have not got the policeman, but I have got his staff," and she waved a stick like this as she passed me.
Cross-examined. I could not swear that this jacket is not hers, but I never saw it before—I did not see what occurred.
NOT GUILTY .
NEW COURT.—Wednesday, September 14th, 1881.
Before Mr. Justice William.
MESSRS. MONTAGU WILLIAMS and CHARLES MATHEWS Prosecuted;
MR. PURCELL Defended.
GUILTY of Manslaughter . Recommended to mercy by some of the Jurors.— Twelve Months' Hard Labour.
>MR. MONTAGU WILLIAMS Prosecuted.
It appearing after the commencement of the case that while the female prisoner was in prison for another offence the male prisoner supplied money and a nurse girl for the child, MR. WILLIAMS withdrew from the Prosecution.
NOT GUILTY .
MESSRS. POLAND, HORACE AVORT, and MEAD Prosecuted.
JAMES ISAAC WALTERS . I am a letter-carrier, and in August I was acting as care—taker at Messrs. Massey and Matthews's, jewellers and money-changers, 116, Leadenhall Street—on 8th August, about 8.30, my wife went out to fetch some beer, and left the door ajar—I was sitting in a chair behind the counter, and as soon as she had gone the prisoner pushed the door open; I got up to tell him that the shop was closed for the day, but before I could speak to him he struck me on my forehead with a large dagger, and the blood rushed into my eyes and blinded me—before I could catch hold of him he struck me on my cheek—I struggled with him, and just before I fell I remember trying to wrest the dagger from him, but instead of catching his hand I took the dagger in my hand, and he drew it away, and inflicted a severe wound—I fell, and he stood over me, stabbing me repeatedly—he left me, and I saw him go outside the shop—I followed him; Fife was standing there, and I said "I have been stabbed"—I got into a cab which was standing there, and drove to the London Hospital—a policeman got into my cab at Billiter Street—I remained at the hospital till last Sunday, within a few days of five weeks—I saw the prisoner at the hospital the
same night, and identified him, and made a statement in his presence—I saw him again the next morning, and made a similar statement.
FRANCES WALTERS . I am the wife of the last witness—on 9th August, about 8.20 p.m., I left the shop for the supper beer—I took a jug in my hand, and went to a tavern 25 yards off—I was not absent more than three or four minutes, and when I came back I found my husband in a cab wounded—I saw nothing of the prisoner.
Cross-examined. I did not shut the door when I went out because my husband was at the door; it locks inside.
JAMES FIFE (City Policeman 885). On 9th August I was on duty in Leadenhall Street, and saw the prisoner come out of Massey and Matthews's shop, speak to two females, and run away—I saw the prosecutor bleeding, and ran after the prisoner, and stopped him in Billiter Square—I caught him by his collar, and it was stained with blood—he said "You have made a mistake;" I said "Come back with me, and you shall see"—as I took him back some one handed this knife to me (A large double-edged dagger)—it had wet blood on it, and the stains are on it now; the point is broken, and there is a notch on one side—I took the prisoner to the shop; the prosecutor had then gone—I searched the prisoner at the station, and found on him this file and a bunch of patent—he said that he had no place of abode in this country—in consequence of a message from the hospital I took the prisoner there, and the prosecutor made a statement.
Cross-examined. You ran out, but you were walking when I took you.
GLADSTONE GEORGE FISHER . I am assistant to Massey and Matthews, jewellers and money changers, of Leadenhall Street—I sleep in the shop—on 9th August, about midnight, I found a bone button in the shop on the oil-cloth near some blood—I gave it to Inspector Tilcock next morning.
ROBERT ALEXANDER TILCOCK . I am the Chief Inspector of the City Police—on the night of 9th August I took the prisoner to the hospital, where the prosecutor made a statement, after which the prisoner said, "You may be mistaken"—I took him back to the station and charged him with feloniously cutting and wounding James Walters, at 116, Leadenhall Street, with intent to kill and murder him—he said nothing—I found smears of blood on his right-hand fingers, and stains of blood inside the lining of the right sleeve of his coat, and on the right wristband of his shirt—he said, "The policeman had blood on his hand when he took hold of me"—I went to the shop and found two square feet of oilcloth covered with blood, and a patch of blood the size of my hand on the cocoa-nut matting—on 10th August Fisher gave me a bone button, which I compared with the buttons on the prisoner's coat; it exactly corresponded, and the top button was missing—it is a peculiar button; it has a mark round the centre—I never saw one similar.
EDGAR. ENGLISH . I am house surgeon at the London Hospital—on 9th August, about a quarter to 9 p.m., Walters was brought in suffering from several incised wounds on his head, face, and right arm, and he had some scratches about his body—the wound on his forehead had fractured the skull and reached the brain, and some pieces of bone were detached, which I have got here—I found this small piece of steel in the wound; I have compared it with the notch in this hunting knife, and it corresponds—it is not the point—it was loose in the wound, not sticking in the bone—he
was in danger three or four days—he was suffering from loss of blood when he was brought in, and he was not well enough to attend the police-court till last Thursday, nearly a month afterwards—he has not recovered the use of his right hand yet, and I think it will be a long time before he does—he is still an out-patient, but I discharged him last Saturday—the wound appeared as if the point of the knife had been broken before it was inflicted.
Prisoner's Defence. I was in the street finding a money-changer's, and found this one; the doors were not shut, and there was a light inside. I walked in and asked the prosecutor, who was behind the counter, to change a coin; he said, "Your infernal face raises suspicion in me, your intention in coming to the shop is something else." I said, "I beg your pardon, I will go out." He grasped my sleeve, and said, "I will call a policeman, and you must explain yourself before a Magistrate." I pushed him away, and he struck me a blow on the skull, and on the temple, and then, in a fit of passion, I struck him, but I never intended to kill him, only to extricate myself from his hands. I broke the point of the knife that very day, and with such a knife it is not right to charge me with murder.
GUILTY .— Fourteen Years' Penal Servitude.
THIRD COURT.—Wednesday, September 14th, 1881.
Before Mr. Recorder.
The Prisoner, in the hearing of the Jury, having said, "I pawned then things," they returned a verdict of GUILTY .— To enter into his own recognisances in 100 l. to come up for judgment when called upon .
MR. FULTON Prosecuted.
HENRY ARNOLD TATNALL . I am the London agent of Messrs. Prime and Sons, who are silversmiths at Birmingham—my warehouse is at 5, Charterhouse Street, St. Andrew's, Holborn—I know the prisoner—he came to my place of business on'5th May—he said I had been appointed London agent of the Midland Athlete, and had taken offices in Paternoster Square, in conjunction with Mr. Alcock, the secretary of the Surrey Cricket Club, that a match was to be held the next two or three days, and cups were wanted for the prizes—he said he wanted two cups, which were to be shown to Mr. Alcock—he picked out two to the value of 10l., which I sent to the offices of the Midland Athlete—I did not see him again—facts were brought to my knowledge, and on 11th August I applied for a warrant—my cups were afterwards produced at the police-court by Mr. Preston, assistant to Mr. Harrison, pawnbroker, of 41, Aldersgate Street—these are them (produced)—I sent the cups because
I was acquainted with the proprietors of the Midland Athlete, and I believed the statements the prisoner made to me.
JOHN PRESTON . I am assistant to Mr. Harrison, pawnbroker, of 41, Aldersgate Street—the prisoner pledged these cups on the afternoon of 5th May, in the name of George Johnson, of 10, Regent's Park Road, for 5l.—I asked if they belonged to him, and he said yes, they were prizes that he had won, and were his own property.
CHARLES WILLIAM ALCOCK . I live at 36, Somerton Road, Brixton—I am secretary to the Surrey County Cricket Club—I have offices at 17, Paternoster Square—I let part of them to Mr. Jackson, the London agent of the Midland Athlete—I have nothing to do with the prisoner in business in any way—I have seen him twice or thrice at 17, Paternoster Square—I never directed him to obtain cups from Mr. Prime.
JAMES LEHY . I am employed by Messrs. Mappin and Webb, of Mansion House Buildings—on the 24th February the prisoner called canvassing for advertisements for the Midland Athlete—an advertisement was given to him, and I then suggested that he should introduce any business he could to us when prizes were given for sports with which he was connected, which he promised to do, and stated the proprietors of the paper sometimes gave prizes, and he would bring what business he could—on 26th February he called and purchased a dressing-case and liquorbasket, value 29s. 3d.—he said it was to be charged to the advertisement account—on 4th April he called and said two cups were required for a swimming race, and the proprietors of the paper were going to present them—he selected two cups, and asked that they might be sent to Anderton's Hotel that day to him—the cups were valued at 7l. 3s. and 4l. 9s.—he said he was going to Birmingham that evening, and would present them to the proprietors—I delivered them at Anderton's Hotel to the prisoner—I next saw them at Bowman's, when I went with Sergeant Briers after the prisoner was in custody—these are the cups—on 14th May he came and said the cups were chosen and would be kept; he only took them on approval in the first place—he said his daughter was about to be married, and he wanted to make her a present—he selected this dressing-bag, value 4l. 9s. 3d., and two silver lockets, value 1l. 17s. 9d. and 1l. 11s. 6d.—he asked to be allowed to take them away on approval, and we allowed him to do so—I next saw the bag at Richardson's, at St. John's Wood—the name "Mappin and Webb" has been partly erased—it was not so when he had it.
Cross-examined by the Prisoner. I had small transactions with you the previous year—you purchased a bag for 25s. 6d.: it was sent to the office of the paper, and the amount was deducted from the advertisement account.
Re-examined. The invoices in these matters were made out in the name of the paper, and in consequence we took proceedings.
2l., in the name of George Johnson, of New Street, Birmingham—on 16th July a further sum of 12s. 6d. was advanced on the cup.
ARTHUR PARSONS . I am employed by Messrs. Richardson and Watson, pawnbrokers, of Harley Street, St. John's Wood—I produce this bag pawned with me on 26th May, for 3l., in the name of George Johnson, of 4, Regent's Park Road—the bag has been used, and there are several articles out of it.
JOHN CAMPBELL ORR . I am one of the proprietors of the Midland Athlete, a local sporting paper—the prisoner was an advertisement canvasser for the paper—he was paid a commission on the orders he received—he had no other connection with the newspaper—he had no authority to get cups for prizes for the Midland Athlete—there were no prizes—I received a letter from Mappin and Webb, asking if the cups were approved of.
Cross-examined. You got several advertisements, which induced us to come to London sooner than we should have done—you commenced to do business for us in 1880—you got us business and worked carefully—this is your commission account (produced)—I was written to by Mr. Starling to know when I required a bicycle you ordered, and I replied I knew nothing about it—the gentleman assured me you had taken the order on consideration that the bicycle was to be taken in part payment of the order—I then wrote to tell him on no account to deliver the bicycle to you without my authority—it remained to the end of the year, when we gave Messrs. Starling authority to deliver it, and you got a tricycle, and they sent us an account for 5l., the difference, and we wrote and told them we knew nothing about it—the other cases you refer to will come out in a similar way.
Re-examined. The prisoner was never our London agent at 17, Paternoster Square.
NICHOLAS LANE JACKSON . I am the London agent of the Midland Athlete, and have offices at 17, Paternoster Square—the prisoner was advertisement canvasser—I took the offices from the secretary of the Surrey Cricket Club—I have been there since February—I had no knowledge of these cups—I did not see the prisoner after the 5th May.
Cross-examined. You assisted in the circulation of the paper in London, and placed your services at my disposal—I always looked upon you as an advertisement canvasser—you did a considerable amount of business—I believe you were not restricted to canvass for our paper—I had no command over your time.
FRANK BRIERS (Police Sergeant G). On Thursday, 25th August, I arrested the prisoner on a warrant at Liverpool—he was in custody, and was handed over to me—I read the warrant to him—it charged him with obtaining two cups by false pretences—he made no answer—I produce pawn-ticket No. 49, for two silver cups, pawned with Mr. Harrison on 5th of May, in the name of George Johnson—I have 19 tickets altogether—the others do not relate to this property.
Prisoner's Defence. I became connected with the Midland Athlete in 1880. For 16 months I had the sole control of the advertisement department, and I was to receive 20 per cent, commission and 5 per cent, at the end of the year, and over 50l. would be due to me at the end of the year. These goods were obtained in a similar way to other articles, and I had every reason to believe that the same course would be adopted as had been before taken. In one case 1l. 12s. 6d. was paid
to a Mr. Riley, and 2l. was paid for and opera-glass. I had not the remotest idea I was committing fraud.
JOHN CAMPBELL ORR (Recalled). The prisoner collected the 1l. 12s. 6d. for the proprietors—the opera-glasses were obtained without our knowledge—we paid for them—we never authorised the prisoner to get any goods at any time—we do not owe the prisoner any money—if an account was made out I should bring him in our debt about the same sum he has brought against us.
MR. FULTON Prosecuted.
DAVID WIBLEY . I am salesman to Messrs. Mappin and Webb—on the 16th May the prisoner came to our shop and said "I want to see some silver cups"—he was shown some—he said he wished to take with him one to submit to a friend for approval, and he would call the next day if it was not approved of—I let him have the cup produced—I next saw him at Clerkenwell in custody.
Cross-examined by the Prisoner. I have not seen you on several occasions—you may have been in the shop—you called with a copy of the Athlete—on one occasion I saw you talk to Mr. Lehy.
WALTER ELLIOTT . I am employed by Messrs. James Smith, pawnbrokers, of 23, Tottenham Court Road—I produce a cup pawned with me on 16th May, in the name of George Johnson, for 4l. 10s.—I produce the counterfoil of the ticket—the value of the cup was 10l. 8s.
THOMAS STRETTELL . I am a detective constable of Liverpool—I took the prisoner into custody—he was searched—I found this ticket upon him, which was produced by the last witness, and which relates to this cup.
Prisoner's Defence. I pawned it under similar circumstances to the other transactions, and I had no other intention.
GUILTY — Twelve Months' Hard Labour.
MARSDEN** also PLEADED GUILTY to a conviction of felony in April, 1880— Five Years' Penal Servitude .
WALKER— Judgment respited.
FOURTH COURT.—Wednesday, September 14th, 1881.
Before Mr. Common Serjeant.
ELIZABETH JANE MORGAN . I am a single woman, and live at 238, Camden Road, St. Pancras—on the 19th August, at about 6 p.m., I was returning home along the Camden Road—I had my purse in my left hand, which had 1l. 4s. 6d. or 1l. 4s. 8 1/2 d. in it—I afterwards identified
this purse at the station (produced)—I felt myself pushed from behind, and my left hand was seized—I turned quickly round and saw the prisoner at my side—he then came in front—he wrenched my purse from me, forcing my fingers open—he ran away with the purse, and a cabman close by gave chase with his cab—soon afterwards I saw the prisoner in custody.
Cross-examined by the Prisoner. I did not say I did not know who had taken it—I said that you did.
DAVID COLEMAN (Cabdriver 14387). I live at 22, Browning Road, Islington—on the 19th August I was in Camden Road—I heard screams, and saw the prosecutrix struggling with two men—I turned the corner and they ran away—in consequence of what the lady said I went after them with my cab—they went round several turnings—when they came to Cantelows Road they jumped two walls 10 feet high—I went back and found the prisoner in Camden Square, towards the Cattle Market—I have not the least doubt that he is the man.
GEORGE MCGUVAN (Policeman T 233). On the 19th August, a little before 6 o'clock, I was called to Camden Square, where I found the prisoner and two men holding him, and they charged him with stealing this lady's purse—afterwards the prosecutrix came up in a cab—she gave him in charge—on the way to the station the prisoner said there were two other men with him—I have the purse which he took from his righthand trousers pocket—he produced that purse, which was identified subsequently by the prosecutrix.
Cross-examined. The prisoner said to the prosecutrix "Am I the man?" and she said "I think you are the man who took my purse"—I found an empty purse on the prisoner, and a pawn-ticket.
GUILTY .— Five Years' Penal Servitude. The Court awarded two> 2l. reward to Coleman for his good conduct.
MR. WIGHTMAN-WOOD Prosecuted.
GEORGE GEORGE . I am a ganger on the Hammersmith and City Railway—on the 16th August, about 4 p.m., I saw about twenty boys running to and fro, and placing some stones on the line—I went down to them, and they ran away, and I saw the prisoner amongst them—I went after him and caught him—I never saw him on the line before—I told him I should take him to the station for putting stones on the line, and he said he was not placing stones but was placing pins—I went back and examined the rails, and I found crushed stones by the rails, and the marks of crushed stones on the rails—they were all at the place I had seen the boys run from—I picked up this flint (produced)—I made a careful search for pins, but found none—a stone like this put on the rails would endanger the safety of a train—this appears to have had a portion crushed off—I did not lose sight of the prisoner—he was running away when I caught him.
Cross-examined by the Prisoner. I cannot swear that I saw you put this stone on the line—when I took you to the station, the Inspector asked me whether I saw you put stones on the line—I said I could not see whether they were stones—I was. two hours gone for the stone.
Re-examined. You would not be able to discern a pin on the line after a train had gone over it.
LUKE MILLS . I am a platelayer—on the afternoon in question I was on the City and Hammersmith Railway, when I saw a number of boys on the railway—they appeared to be putting something on the rails—the prisoner was amongst them—they ran to and fro across the line—I was walking with the last witness—he went after them, and as soon as he got near them they ran away—I did not run after the boys, but I saw George run after the prisoner and capture him—he was one of those who ran away—I went to the place where I saw the boys on the line, and examined the rails, when I found in several places crushed stones, and there was this stone a little way from the rails—the ganger, George, picked that up about an hour after the boys ran away—I was at work during that hour—I had not seen any other boys there after—I did not examine the rails at once—I went with George as soon as he came from the policestation—the appearance on the rails was such as would be produced by an engine and carriage going over a stone on the rails—we sought for the pins, but could not find any.
Cross-examined by the Prisoner. I did not see you put that stone on the line, I was not near enough.
By the JURY. We ballast the lino there with flint—I expect this is some of the ballast—there is some like this on the side of the batter alongside the line.
DAVID STEPHEN (Policeman X 249). I took the prisoner into custody in consequence of what George said to me—I told him I should take him into custody for placing stones on the metals—he said "All right"—at the station he paid "There were other boys as well as I; I was twice on the lines, but I only put pins on"—I did not find any pins there on searching.
The Prisoner received a good character.
The Prisoner's Defence. I went down with some boys, and put a pin down, to see what the engine would do to it. I put one on the up line and one on the down line, that is all I put on. I never saw the stone produced; if I had I should not have let it be on the line. I did not intend any harm by what I did. I hope you will deal mercifully with me, as the time is coming now when I can get a situation, and I shall be much obliged if you will let me off.
GUILTY . Recommended to mercy by the Jury.— One Month's Hard Labour.
ARCHIBALD THOMSON . I live at 26, Pickering Place, Bayswater—at about 2.30 a.m. on the 12th August I engaged a Hansom's cab to go into the City—on my way I called at a public-house in Covent Garden—it is open all night—I saw the prisoners in the street, I should think between 3 and 4 o'clock—I asked the cabman if he knew where we could get a glass of beer, and they came up and said they would Show us—they took us to the public-house, where we had some beer—we got into conversation, and I said I was going to Bayswater, and they said they were going in the same direction—the cab was outside, and one of the prisoners
said "We will all go together"—I had no objection, and we went and got into the Hansom, and drove off—I believe I sat on Driscoll's knee in the cab—we drove to Bayswater, and stopped at the corner of Porchester Terrace—I had paid the cabman before—when I got out of the cab the cabman asked me if I had my money all right, and I put my hand in my pocket and my purse was gone—Anderson was gone—he had got out first—the cabman said "That is the man that has it, down there," and I ran after Anderson, and overtook him about 60 yards from Bishop's Road and Porchester Terrace, where we alighted—I told him he had got my purse—he said no he had not, he had never seen it—I said "If you do not give it up I will give you in charge of the first policeman I see; you cannot get away"—afterwards he gave me up the purse—I do not know where he took it from—the policeman has it—I opened the purse, and there was nothing in it—I said "What have you done with the money?"—this is the purse (produced)—I don't know whether it was shut or open when he gave it back—I said "I want the money, or else I will give you in charge of a policeman," and he gave me up three sovereigns—there were originally four sovereigns in the purse, and there might have been 1s. or 1s. 6d.—I said "There is one sovereign short, what have you done with the other one?"—he said "That is all that was in it"—a constable then came up, and I gave him into custody—Driscoll had got out, and I did not see him again till I got back after I ran after Anderson—my purse was in my left-hand trousers pocket—Driscoll was on the right-hand side of the cab, I believe, and the other prisoner on the left-hand side—there was nothing that attracted my attention.
Cross-examined by MR. GILL. I am a clerk—I have every recollection of what took place—I was going to town on business at Covent Garden, and I engaged a cab to go down there to see the Garden—I engaged the cab at Pickering Place—I paid the cabman 4s. when I engaged him, or before we started, to take me there and back—I told him to go to a public-house in Covent Garden that would be open—I met the prisoners outside—I saw them inside afterwards—I did not speak to them; they came up to me and said they would come and show us where to get some beer—they volunteered their services—I might have spoken to them outside and said "Come inside and we will have a drink," or something of that sort—it was in the public-house that I spoke to them in the way of talking to them—I don't know the name of the street—I do not know London sufficiently to know whether we drove to Smithfield—we drove to another public-house to get another drink—we were not turned out of the first one—I believe the cabman did not go into the first public-house—I suppose I took his drink out, because I am very liable to do those things—the other public-house we went to is in Shoe Lane—the cabman went in there—I paid for the drink at the first public-house, and had to take my purse out—when I started from Bayswater that evening I had 4l. and about 17s. 6d. in change—I cannot say how long we stopped in the public-houses—I got to Bayswater again at about 4.40—I thought Covent Garden was in the City—I might have said at the police-court that I wanted to go to the City—I am not a native of America—I have been there—I only took the prisoners to two places—I did not exactly say before the Magistrate "When near Porchester Terrace I got out and was going to pay the cabman when I found my purse was gone;" I said something near it—I thought there would be something extra to pay
because the men got into the cab—I did not expect that he was going to drive us three for the same money—I should not have looked for my purse so quickly if the cabman had not drawn my attention to it—I was sober enough to overtake Anderson and make him give up the purse—Anderson walked back with me—he called a policeman after I had done so—I think the cabman was on the box at the time Anderson handed me the purse—I believe he remained there till the policeman came.
Cross-examined by MR. FRITH. I am not an Englishman by birth—I came to London on the 27th June, I think—I have been in London before—I was never at Covent Garden before—I did not go out for a night's spree—the fact of the matter is I was late in getting in, and I was locked out if you wish to know—I was out seeing a few friends the same as you might do after the day's work—I had something to drink with my friends—I drank with two or three friends perhaps—I cannot tell you how much I had to drink with them.
Re-examined. Anderson had gone about 30 or 40 yards from where I had begun pursuing him—I should say he went about twice that distance before I caught him—he was walking at a smart pace—I ran after him—he did not run.
JAMES SAVAGE . I am a licensed cabman, of 12, Kay Street, Queen's Park Estate—I took up the prosecutor at Bayswater and drove him to Covent Garden—I left the cab on the King Street side in charge of a man, and walked over with the prosecutor to the public-house on the opposite side—there were several people about—the prosecutor got in with several men and gave them 1s. to spend—that was in Russell Street—the prosecutor said "You had better all have a glass together"—the prisoners and the prosecutor got into conversation, and then they got into the cab—they refused to serve us at the public-house—we drove to the Meat Market, we stayed some little time, and then went to a house in Shoe Lane—we then went towards Bayswater—the three men were in the cab all the way—I had the trap of the cab up all the time—something seemed to tell me that it was not quite straight, and I was looking through the trap—I saw a moving of hands—Anderson was sitting on the lap of Driscoll—they did not alter their positions—when we got to Bayswater, Anderson got out first, and made his way up Porchester Terrace—Driscoll got out next, and Thomson got out after them—Thomson spoke to me about the fare, and was feeling in his pocket, and said his purse was gone, and I said "Go on after them; they have got it"—I drove after them with the cab—I should say he caught Anderson in about a dozen yards—I was too far off to see anything that passed between Anderson and Thomson—I cannot say whether I have seen the prisoners before.
Cross-examined by MR. GILL. The prosecutor engaged me between 2 and 3 o'clock, and I drove straight to Covent Garden—we drove to the Meat Market, and we got down at a coffee-house and had some refreshment, and after that we went to the Shoe Lane public-house—I got off the cab, and we stayed there quite half an hour—we then went home to Bayswater—I am sure the prosecutor was sitting on the right-hand side of the cab—I did not hear Anderson call a policeman—I saw the policeman come up.
By the COURT. I am a day cabman—the moving of hands was by the prisoners, and that caused my suspicion, and I asked the prosecutor about his puree after—they were singing all the way.
FRANK HIOKMAN (Policeman X 318). At 4.45 a.m. on the 12th August I was on duty in Bishop's Road, when my attention was drawn to three or four men—Constable McFaddon was in Porchester Terrace—Anderson called me—he was just round the corner—he said the prosecutor accused him of taking his purse, and the prosecutor gave him into custody—the prosecutor was tipsy, but he knew what he was about—the prisoners were not tipsy.
ROBERT MCFADDON (Policeman X 29). I was in duty in Bays water at the time in question, when I saw the prisoners, the cabman, and the constable standing at the bottom of Porchester Terrace—I went up to see what was the matter; the prosecutor was standing in the roadway—he said he wished to give the prisoners into custody for stealing a purse and money—he had a purse in his hand, and showed it to me—he said Anderson had stolen it from him, and the other man was concerned with him in it—Anderson said he picked the purse up at the bottom of the cab, or rather the seat of the cab—the cabman was perfectly sober.
Cross-examined by MR. GILL. When I came up the cabman was getting on the box—the prosecutor had the purse and three sovereigns, and complained of the loss of a sovereign—I searched the prisoners, but did not find the missing sovereign.
Cross-examined by MR. FRITH. The prosecutor said he wished to give Driscoll into custody as being concerned—I said that before the Magistrate—I said "318 X took Anderson, and I advised Driscoll to go to the station, which he did"—he went voluntarily.
Anderson's Statement before the Magistrate. "I picked up the purse in the cab, and handed it back to him. I emptied it into his hand, saying 'See that the money is right,' and then he said 'There is one sovereign short, 'and I called a policeman." Driscoll's Statement. "Anderson is a stranger to me. I am quite innocent."
GUILTY . DRISCOLL also PLEADED GUILTY to having been convicted of felony at Clerkenwell Sessions on the 6th May, 1872, in the name of James Driscoll. ANDERSON— Twelve Months' Hard Labour . DRISCOLL**— Two years' Hard Labour.
783. HENRY JONES ** alias ARTHUR COOPER (21 PLEADED GUILTY to two indictments for forging orders for six and ten reams of paper respectively, with intent to defraud, having been convicted of felony on 15th December, 1879, in the name of John Williams .— five year Penal Servitude.
OLD COURT.—Thursday, Sept. 15th, 1881.
Before Mr. Justice Lopes,
MR. RIBTON Prosecuted; MR. MEAD Defended, at the request of the Court.
EMMA WILLIS . I am the landlady of 12, Collingwood Street, Bethnal Greeen, and live there—the prisoner had lodged there with a man Clarke for about three months—a little child came after they had been there a week—I saw the child in the woman's arms a fortnight after she came to
the house—Clark is a labouring man; I believe he went out every morning about 6 or 7 o'clock, and returned at night about the. same time—during the day the woman used to go out, leaving the child locked up by itself; she did no work—the child was 10 months old when it died—while she was out there was nobody left to take care of the child; she always took the key with her—every day she used to get up at 12 o'clock, go and get some milk for the baby, and then she locked the door and went out for four or five hours together; the child was too weak to cry, but it was always pining—I heard it, but could not get to it—I got my daughter to climb the fowls' house and try to get in at the window, but the window sill was rotten—I have several times complained about her leaving the child—I asked her once why she did not take it to the doctor's, and she said she had taken it to the London Hospital, but it could not be cured—she said she always left it enough to eat and drink, but that it always cried, as it was a cross child—I did not ask her to leave the door open; my daughter did, and she said he would, but she did not—I was only in the room once, and then they were fighting and quarrelling—she told me that the child was away for a time at the hospital—I do not know if that was true; it was not away for any length of time while it was at my place—I don't know if the man supplied her with money—she used to pay the rent—she told me he gave her money on the Saturday night.
Cross-examined. I did not follow her when she went out; she was out for four or five hours, or longer—she was a sober woman as a rule; on Saturday she used to get drunk—she went out with Clark on Saturday, and had a glass with him—I have had no difference with her—I lent her a lamp once to go into her room; the man Clark was there with the child—I brought my lamp down again—she told me she was not able to suckle the child—there was another lodger in the house.
Re-examined. I observed nothing about the child's body at any time; it was in an emaciated state; there were no bruises about it—it was very poorly covered, very thin; it had nothing but a little shirt on.
By the JURY. She stayed with the child all day but the five hours she was absent—she seemed very indifferent to the child—I never heard her beat it, or do anything unkind to it, or illuse it; it was a delicate child when it came into the house—she took it to Bethnal Green Infirmary, where she got an order, from the relieving officer.
MARY WILLIS . I am the daughter of the last witness—I remember the prisoner coming to lodge at our house on 17th June with a man named Orton; the child came a week after—it was brought by a middleaged woman; it was in a deplorable state, dirty and very thin—the prisoner went out during the day for five or six hours, leaving the child upstairs on the floor with the door locked; that happened nearly every day—I have heard the child cry so bitterly that I tried to climb the window to get in, but I could not, because there was no window-sill—we have tried the door with keys, but could not get in—I asked her to leave the door unlocked; she made the excuse that her home was so poor, but said she would; she did not—I was in her room two or three times; the child was on a piece of rag on the floor; it never slept with them—it had no clothes on but a little shirt tucked round its waist, and a petticoat thrown across it—I saw no food for it about the room—I Have asked the prisoner if there were any, and she always said either that she had just
fed it, or that she was going to feed it—the man came home every night—the prisoner told us he used to give her money on Saturday night.
Cross-examined. I saw the man Orton at the inquest; he gave evidence—I did not know that he gave evidence in the name of Clark—the mother has often taken the petticoat off the child to clean it—I never took the child up—I took the petticoat off the child because the prisoner told me to look at it all over to see how thin it was; I looked, and covered it up as well as I could—I don't know if she was sorry that it was so thin; she did not appear so.
By the JURY. I never complained to Orton that it was being neglected—I have often gone out to try and find the prisoner—they paid 2s. 6d. a week for the room; she told me he only allowed her a halfpennyworth of milk a day for the child; when we afterwards reminded her that she had said that, she said she must have been drunk when she said so.
WILLIAM CLARK . I am a labouring man; I work wherever I can get work to do—when I was living at this house I was in pretty regular employment, chiefly at the waterside—I was living with the prisoner; we were not married; I knew her for about two months before I went to Mrs. Willis's house—the child was not my child; I knew she had a child when I went to Mrs. Willis's—I had seen it before it was taken there; it was always in a very poor state and emaciated from the first I knew of it, when it came out of the hospital—I don't know how it went into the hospital—I think two or three people minded it after it came from the hospital before it went to Mrs. Willis's; that was before I had anything to do with the mother—I used to give her money, on an average 18s. every week when I had it, to do what she liked with, to pay for the support of the three of us—I went out in the morning and was out all day except Sunday; on one occasion I returned home and found the child well provided for with a bottle of milk; the mother was not there, but was in the neighbourhood.
Cross-examined. The child had a feeding-bottle—I gave her money to provide for the child; I did not give the food—I used to take it on my knee when I was having my dinner or tea and feed it, and it ate ravenously; nothing it ate seemed to do it any good; it passed right through it—it ate meat and vegetables—at that time it was seven or eight months old.
By the COURT. The mother was kind to it from what I saw—she fed it regularly—it slept in the same bed with us during the night—she fed it with milk at night and bread-and-milk in the morning, and I have seen her feed it with bread-and-milk at night when I came home.
Re-examined. I was not aware she used to leave the child for five or six hours—I always used to find the house tidy when I came back, and if the prisoner was away she was never far from home.
By the COURT. The child had sufficient to eat, but it would eat twice as much as an ordinary child—it had more than a halfpennyworth of milk a day—there was a little bed made up for it on the floor, on which it was put during the day; all it ate passed through it, and it was a dirty child—our bed was made on the floor—I never heard Mrs. Willis or her daughter make any complaint as to the way in which the child was treated.
years; she lived opposite me—she brought the child to my house, and they both lived there for two or three months—she did not treat the child well—she went out during 1 the day from 8 in the morning till 12 at sight—I used to mind the child—it was well taken care of when I had it—she never left any food for it—when I had food it had some, and when I had not it wont without—I took it out from No. 3 in the Folly, Shadwell—it was covered with soil and without a shift—I was away three weeks, and after I left the prisoner was there for a fortnight and then went away—I saw the child once after she left, about a month after I came back—it was dying—I said "Your young 'un is dying"—she was always drunk.
Cross-examined. She lodged at my house for about five months—I was kind to the child and fed it myself—he asked me to look after it—she owed me money when she left.
SARAH LEE . I am a widow living at 6, John's Place, Commercial Road—about the latter end of May the child was left with me to take cure of—the prisoner did not lodge in the house—she said she had just brought it from Mrs. Cole's—it was a complete skeleton and nearly dying; it was a very sickly child—I fed it well, but it did not seem to improve; everything ran through it—its dress was covered with vermin when it came to me—I stripped it and burned the clothes—it remained with me a month all but three or four days, and I took it about the end of June to its aunt, and she took it to Mrs. Willis—I received no payment.
WILLIAM COATES , M.R.C.S., House Physician at the London Hospital. I saw this child on 21st August—it was taken in by one of my colleagues, and died the next day—I made a post-mortem examination—there were no external marks of violence—the body was extremely emaciated; it weighed 7 1/4 pounds, about the weight of a new-born child—it seemed to have died of want of nutrition—I examined all the organs; they were healthy; its appearance was consistent with want of nourishment—acute diarrhoea is the only disease which might have caused his death—I am not prepared to say whether the cause of death was the want of food or the want of power to assimilate food—in this case, as in all cases of starvation, the gall bladder was distended with bile, so that I came to the conclusion that the child was starved.
NOT GUILTY .
MR. ISAACSON, for the prosecution, offered no evidence on the Inquisition, the Grand Jury having ignored the bill.
NOT GUILTY .
MR. GRIFFITHS Prosecuted.
HANNAH MURPHY . I am married, and live at 3, Whitethorn Court, St. George's—I have five children—I know the prisoner; we had a quarrel about the children in May last, and she has been threatening me ever since—she said she meant to do for me, and about six weeks before
this she stabbed me in the head with a fork—about half-past 11 on the night of the 16th August I was in bed and asleep with my infant in my arms; I was awoke by little girl Mary saying "Oh, Mrs. Hurley, don't kill my mother"—I saw the prisoner standing over me with a knife in her hand—it was a black-handled, round-pointed table-knife—it was not one of my knives—I said to her "Oh, Mrs. Hurley, you won't kill me, will you?"—"Yes," she said, "you b cow, I will; it is near your heart," and she struck me with the knife under the left breast—I got up and rushed towards the door to shut her out—she said "Your five will follow you to the grave and my three will follow me to the gallows"—there was a large bottle in the room, which I took up to defend myself—I screamed out and said "I am stabbed"—I was examined by a doctor on the Monday night, and had my wound dressed—I had had no row with the prisoner since she stabbed me with the the fork—she lives at No. 6 and I at No. 3.
Cross-examined by the Prisoner. I had seen you that day, but not to speak to—I did not give you a glass of ale—at the time of the stabbing by the fork I struck you with my fists; you struck me first with your fists—it was in the street; there was a mob outside the public-house—I was locked up one night for not going away when the policeman told me—the prisoner was fined 10s., and also her mother and a young man who was with them—since then I have had no peace.
MARGARET JONES . I live at 2, Whitethorn Court, next door to Mrs. Murphy—on the night of 16th August I saw the prisoner entering Mrs. Murphy's room—she pushed open the door with her knee, and said "You b cow, I will have your life to-night"—I could not see whether she had any knife in her hand because it was very dark—I heard the children screaming and saying "Oh! Mrs. Hurley, don't murder mother," and I heard Mrs. Murphy cry" Oh! don't murder me"—I ran and got a policeman, and went with him to the prisoner's house—she escaped over the walls, but was eventually taken.
Cross-examined. I am Mrs. Murphy's sister—she was not standing at her door, she was in bed undressed.
PATRICK MCCARTHY (Police Inspector H). I apprehended the prisoner, and told her I should take her into custody for stabbing Mrs. Murphy—she said "Oh! indeed"—she went quietly to the station—I saw Mrs. Murphy the same night, and saw the wound—it was a very slight one.
ARTHUR GALE . I am house-surgeon at the London Hospital—I examined Mrs. Murphy on the morning of the 17th.—she had a slight wound on the abdomen, not under the left breast; it was a mere scratch—a round-pointed knife would inflict such a wound—the skin was broken.
Cross-examined. It might be done with a piece of iron.
Prisoner's Defence She was at her door and asked me to come in, and we had made up the quarrel. I had no knife, and had no intention of doing her any harm.
GUILTY of unlawfully wounding .— Six Months' Hard Labour.
NEW COURT.—Thursday, September 15th, 1881.
Before Mr. Justice Watkin Williams,
MR. BESLEY, for the Prosecution offered no evidence.
NOT GUILTY .
MR. FULTON Prosecuted; MR. STEWART WHITE Defended.
NOT GUILTY .
MR. FULTON offered by evidence.
NOT GUILTY .
MESSRS. BESLEY and FULTON Prosecuted.
NOT GUILTY .
THIRD COURT.—Thursday, September 15th, 1881.
Before Mr. Recorder.
MESSRS. MONTAGU WILLIAMS and WIGHTMAN WOOD Prosecuted; MR. GEOGHEGAN defended Raybourne.
JOHN FRANCIS VAUTIER . My employer, Mr. Richard Jordan, is an agent of the Cheque Bank—he carries on business at 120, Chancery. Lane—on 21st July, between 12 and 2, Smith came and asked for two Cheque Bank cheques for 3s. each—they were both numbered 210420—that is the number of the book—they had also the sub-numbers 3 and 4—this is one of them—I wrote "3s. only" in letters and in tigures—my writing has been taken out—Mr. Jordan has the Cheque Bank No. 3364—the number appears on this cheque—Smith filled up this application form before I gave her the cheque—she gave the name of "E. Grey, 17, Markham Street, Chelsea."
Cross-examined by MR. GEOGHEGAN. We have cheques for sums under 1l., under 2l., and so on—I gave her a cheque perforated "2l. or under" because we were out of the 1l. forms.
CHARLES FREDERICK JAMES . I am assistant to Mr. Wilkinson, chemist, of 270, Regent Street—on Saturday, 23rd July, about 1 p.m., Jones came for some olive oil and a nail-brush—they came to 5s. 6d.—she gave me this cheque for 2l., No. 210420, dated July 22nd, 1881, and signed D. Seymour—I noticed the colour of the writing, and put the cheque to my nose; it smelt very strong of cyanide of potassium——I knew from my acquaintance with chemistry that that would destroy writing—I told her I would send to the bank—I sent a porter to get the cheque cashed—she asked if he would be long—I said "Not more than ten minutes"—she said she had an appointment to keep at a quarter to 2, and she would return again for the money—the police came in—they
asked her name and address—she refused to give it; she said she had the cheque from a milliner in the country, and if there was anything wrong with it she would not get the milliner into trouble—she was taken away.
WILLIAM GREGORY . I reside at No. 121, Blackstock Road, Finsbury Park—I am manager to Mr. Abingdon, jeweller, of 298, Pentonville Road—on 21st July Jones came and bought a silver ring for 4s. 6d.—she paid for it by this cheque on the Cheque Bank, No. 210489—it purports to be for 3l.—I took it, and gave her 2l. 15s. 6d. change.
JOHN NEWTON . I am an agent for the Cheque Bank, of 67, Great Portland Street—on 19th July I sold two cheques to Smith about 12 in the day—this is one of them, No. 210489—I filled in 2s. 6d.—it has been altered to 3l.—the alteration is not in my writing—I issued this second cheque at the same time to Smith with the sub-No. 3—I wrote in 2s. 6d.—the 3l. upon it is not my writing—the cheque is perforated "3l. or under"—I had no proper cheques.
JOSEPH SMITH . I am manager to Morgan Brothers, chemists, of 273, Pentonville Road, King's Cross—on Thursday, 23rd July, Jones purchased a bottle of scent and a union smelling bottle—they came to 6s. 6d.—she tendered this cheque for 3l.—I handed her the change.
WILLIAM HENRY CURSONS . I reside at 59, Park Street, Grosvenor Square—I am an agent of the Cheque Bank—I issued two Cheque Bank cheques to a woman on the afternoon of 21st July—this is one, No. 211380, sub-No. 2—my number as agent, 3280, is on the cheque—the amount I filled in was 3s.—this cheque has been altered since it left me, and 13s. written in—I issued another cheque at the same time to the same person, No. 311380, sub-No. 1.
SAMUEL EDWARD MAYNARD . I am clerk to Mr. Olivier, theatrical agent, of 38, Old Bond Street—he is an agent for the Cheque Bank—on 31st July Smith came for two cheques for 3s. each—I supplied her with these two, No. 075065, sub-Nos. 4 and 5—my agent's No. is 3486—this cheque has been altered to 1l., the maximum amount—Smith gave the name of E. Trefusis, 20, Markham Square, Chelsea.
JOSEPH JOHN HARWOOD . I am a bookseller, of 57, Holloway Road, and an agent of the Cheque Bank—on 22nd July Smith came and asked for three Cheque Bank cheques for 3s. each—I supplied her—the No. was 211126, with the small Nos. 3 and 4—she gave the name of E. Trefusis, 19, Inglefield Road—I filled up the cheques with a new ink which I had received the previous evening from the Cheque Bank.
FRANCIS DEVONS HEATH . I am a chemist, of 30, Highbury Park Road, and an agent of the Cheque Bank—on Friday, 22nd July, between 11 and 12, Smith came and asked for three cheques for 3s. each—I filled three up for 3s. each, and gave them to her—the Nos. are 074911, 8, 9, and 10—she gave the name of E. Trefusis, of 14, Florence Street, Upper Street—I used a new ink which came to me the previous night, blue instead of black.
LAMBERT FABIAN . I am a clerk in the employ of Mr. Jakins, of 6, Camden Road, an agent of the Cheque Bank—on Friday, 22nd July, Smith came and asked if we wrote cheques—I asked her what cheques—she said "On the Cheque Bank"—I said "Yes"—she said she wanted three for 3s. each—I asked her to whom she wanted them made payable—she said "All to the same person"—I said "If they are all to the same person you had better have one for 9s."—she said she would rather have the three—I said I preferred writing one, as they were all to the same person—she said "Well, then I will take one for 9s."—I asked her to fill in a slip with her name and address, and to whom she wanted it made payable—she wrote the name Trefusis; I forget the address—I gave her the cheque No. 210130—7—I had received information which made me take those precautions—I had received a different kind of ink the night before, and I wrote this cheque with it—she put it in a satchel, and went away.
Cross-examined by MR. GEOGHEGAN. The bank send us cheques when they find we are out, at no fixed period, but when we render an account.
MARIANNE ROAST . I am the wife of Frederick Roast, of 14, Sparsholt Road, Crouch Hill—Smith lodged with me from the 18th June till she was taken into custody—Ray bourne called at my house on several occasions to see Smith—when Smith came she gave me as a reference Mr. Ray bourne, of 129, Corbin Street.
Cross-examined by MR. GEOGHEGAN. He came on two or three occasions; I do not know what for—I heard from a third person that he came about a will—the third person was a friend of mine, not of Smith's, who knew from a message being left at the house.
ELLEN BEAVIS . I live at 5, Crouch Hill—Jones lodged with me a month previous to 25th July; Ray bourne visited her several times during the month, about 20 times—on Saturday 23rd I saw Raybourne go out, about 6 o'clock—I went forward and said, "What has become of madam?"—that meant Jones; she had not returned home, and 6 o'clock was later than her usual time—Raybourne said "All right"—I said "Has she met with a street accident"—he said "No, she is too good a chapeller for that"—I do not know what "chapeller" meant—I said "It is time she was home"—he said "Probably she has gone to her medical man at the West End, or perhaps to her sister's"—she did not return that night.
Cross-examined by MR. GEOGHEGAN. Raybourne did not call to ask my daughter to do writing, nor me, nor any one in the house—I will not swear he has called 20 times; I will swear he has called 10 times—he came in of his own accord; the door was always open—I do not know that he lent money—my daughter went to Raybourne's house to do writing; I think not more than three times—my daughter is in Court.
ELLEN READ BEAVIS . I live at home with my mother—Jones lodged at our house—I have seen Raybourne visit there nine or ten times—I did some writing for him on several circulars at his house, 129, Corbin Street—a circular was printed about lending money in small sums, and on the back I had to write "To ladies only"—Raybourne did not come to my mother's house to see me at all.
Cross-examined by MR. GEOGHEGAN. I do not know what "To ladies only" was for; I was only an automaton—I went to write these circulars three times; I had 10s. a week for one week; I was there about an hour
on each occasion—I do not know if the circulars were sent out—I was busy for three hours in the week.
Re-examined. Jones occupied the top front room; there were three floors: it was a bed and sitting-room combined.
WILLIAM OLDHAMPSTKAD (City Detective). On Wednesday, 20th July, I went with Detective Egan to Corbin Street, Crouch Hill—I saw Raybourne leaving 129—he went to No. 5, Crouch Hill, where Jones resides; he remained there 50 minutes or longer—he came out and went back to 129, Corbin Street—he came out with Smith; they went to the Midland Railway Station, Crouch Hill, and remained there a short time—Raybourne left Smith there and went to No. 5, Crouch Hill—I saw Ray bourne show Smith a small book at the railway station, like this one. (A handbook of agents of the Cheque Bank)—Smith went to 14, Sparsholt Road by herself—that is where she resides, and is right opposite the railway station—I subsequently saw Raybourne go to Mr. Adamson's, and then to Smith's house—I saw him go a second time to Adamson's that afternoon—he came out with something in paper, a little thing in his hand—I saw him in conversation with Smith; Smith came to his house about five minutes to 6—that evening I saw him go to Jones's again—I watched Raybourne and Smith on the 21st, 22nd, and 23rd; I saw them in company several times on each day; I saw Raybourne go to Jones's house three or four times each day—on 21st I saw Jones go to the railway station a little before 11 a.m.; I saw Raybourne go to Adamson's on that day—on the 22nd I followed Smith to Mr. Horwood's shop, 57, Holloway Road—she wont from there to Mr. Heath's, of Highbury Park, and to Mr. Jakin's, of 6, Camden Road—they are a long distance apart—Smith went from Jakin's to Ray bourne's, at 129, Corbyn Road—on Saturday 23rd I saw Raybourne go to Adamson's twice—on Saturday evening I and Lythel arrested Smith—she was told that she would be charged with being concerned with a woman and with Raybourne, who were in custody, with conspiring together and forging Cheque Bank cheques—she said "All I know about it is all the cheques I have obtained I have given to Mr. Raybourne,"
Cross-examined by MR. GEOGHEGAN. She said further "I do not know what he did with them"—she made the statement as soon as she got outside—I had not searched her place before I took her outside.
THOMAS CLOAK (Police Sergeant B). About 2.30 on Saturday, 23rd July, I went with Deane to Mr. Wilkinson's. one of the agents of the Cheque Bank, at 190, Oxford Street—I saw Jones; I said "I am informed that you have just presented this cheque for payment"—she said "Yes"—I said "It has the appearance of a cheque that has recently been through some chemical process; it is quite damp, and smells very strong; will you tell mo how you came in possession of it?"—she said "I received it this morning from a milliner from the country"—I said "Will you give me her name and address?"—she said "No, if there is anything wrong with it I should not like to get her into trouble"—I said "Will you give me your name and address?"—she said "No, neither will I answer any further questions?"—I told her she would be taken to the police-station, where she would be detained until inquiry had been made—when I charged her I asked her if she understood, and she said, "Yes."
have been altered—on 19th July I received information, in consequence of which on the 20th I went with Oldhampstead and Egan to Crouch Hill—whilst watching: there I saw Raybourne leave 129, Corbyn Street—he went to 14, Sparsholt Road; it was about 4 p.m.—he remained a short time; he did not go farther than the door—on Thursday, 21st July, I saw him go to 5, Crouch Hill; he remained there about 20 minutes—when he came out he met Smith; they passed each other without taking any notice—Smith went in the direction of Raybourne's house, and eventually went into a confectioner's and came back again towards her home—I next saw Smith on Friday 22nd in the Camden Road—she was coming out of Jakins', No. 6—I went into the shop; Mr. Jakins handed me a slip with the name Trefusis on it—on Saturday 23rd, about 9 o'clock, I went to 129, Corbyn Street, with Cloak, Oldhampstead, and Egan; that is where Raybourne lodged—I knocked; Raybourne opened the door—I said "We want to speak to you for a minute"—he invited us in; Cloak and I went into the front parlour—I said, "We are police officers, we are going to take you into custody on the charge of forging and uttering cheques on the Cheque Bank"—he said "Have you a warrant to arrest me?"—I said, "No, we do not require one"—I then asked him if he had any office in the house—he took us into the back parlour, which he used as an office—there were several papers there—Cloak found those two bottles in my presence; there were others which we did not bring away; they were hair dyes—one is labelled "Nitric acid," the other has been analysed—we also found two measuring rules, and a Birkbeck Bank cheque book—I took Raybourne to the railway station, Crouch Hill, where he was detained by Cloak and another officer—I then went with Oldhampstead and Egan to 14, Sparsholt Road, and saw Smith—when she dressed herself I took her to Marlborough Street Policestation with Raybourne—when I charged Smith she said "All the cheques I have purchased I have given to Mr. Raybourne"—she said, "May I he allowed to speak?"—I said "Yes;" she then said in Ray bourne's presence, "I admit having done this, but I was not aware that I was offending against the law"—on the following Sunday morning, about 11 o'clock, I went with Oldhampstead and Egan to 5, Crouch Hill, where Jones had lived—we had a conversation with the landlord's daughter, and searched the room which was pointed out as Jones's—I found these two bottles and a box of stencil plates, with a double brush, and a cake of black-looking paint, these two dusters, a packet of chloride of lime, a blotting pad, and a piece of blotting paper, with the figures 10s. 6d. on it blotted, and those two dishes—I gave them to Egan—on 27th I went to Smith's lodgings again, and found two letters signed Raybourne and this little memorandum book; I found nothing relating to photography at Raybourne's.
Cross-examined by MR. GEOGHEGAN. I have been told that one of these bottles contains cyanide of potassium—Raybourne did not say when I said I was going to arrest him "I do not understand what you mean; I did not swear it at the police-court—(The deposition was read, in which the words occurred)—was after, you will find that was so—I was examined on two or three occasions—it was not said immediately after the arrest—a great many bottles were in the coal cellar—he made no objection to my going over the place; there was no concealment of the bottles—there were several circulars.
JAMES EGAN (City Detective). I have heard Oldhampstead's evidence—I was with him the four days he speaks of—I corroborate his evidence as to Raybourne—on 25th July I charged Jones at Marlborough Street—I had a bag in my hand—Jones said "You have got my bag and straps, where did you get them from?"—I said "From where you have been lodging at, No. 5, Crouch Hill"—I then showed her a scent-bottle and a bottle of smelling-salts—she said "I bought those at a chemist's shop near King's Cross, on Thursday last, where I changed a cheque for 3l."—I showed her the dishes—I pointed out that "the leaves of the blotting-book are now wet, they have evidently got marks of the cheque upon them"—she took the book into her hand, opened it, and looked at it, and said "Yes," and then "What shall I get for this job? I have never been in a police-station before in my life"—I told her I did not know—I was with Lythel and Cloak when they arrested Raybourne—I took up these two bottles—one has dark fluid in it, and I said to Raybourne "What is this?" he made no reply—I took the cork out, smelled it, and said "This smells like potash; "he said "You are a fool," at the same time laughing, "that is what I use for testing jewellery"—I did not see any jewellery except the chain he was wearing, and that was brass—I handed these bottles to Sergeant Lythel and then to Dr. Waters.
Cross-examined by MR. GEOGHEGAN. I found one bottle on the mantelpiece and the other on the sideboard; quite an open place.
JAMES ADAMSON . I am a chemist, of Sparsholt Road, Crouch Hill—I have known Raybourne as a customer from, the beginning of May to the end of July—I have sold him cyanide of potassium, perhaps half a pound altogether—he said he was a medical man—on the morning of the 23rd he came and asked for a small bottle of cyanide of potassium a little stronger than the last—I told him I could make it a little stronger for him—I do not keep it in stock, I got it on purpose for him—he said "I will come back about 4 o'clock"—I got some specially for him, and he came back and took it away—cyanide of potassium will take out ink—it is also used for testing jewellery—he came once with another man.
Cross-examined by MR. GEOGHEGAN. He has bought tooth-brushes and other things from me—a solution of cyanide of potassium is used for cleaning jewellery, then it is tested with nitric acid—both are poisons, and we make strict inquiries before selling them.
JOHN HENRY WALTERS , M.D. I reside at 101, Jermyn Street, St. James's—on 29th July Egan gave me three bottles containing liquid, also a porcelain bath and some dusters—I have tested the liquids—that in the small bottle is strong nitric acid, that in the brown bottle a solution of cyanide of potassium—the white mixture contains sulphur, citrate of lead, and glycerine, and it is scented with cinnamon and water—cyanide of potassium entirely obliterates writing in ink—it does not remove the print on cheques—it would turn the pink colour on the bank cheque blue—a weak or proper solution of nitric acid would restore the colour—if too much nitric acid had been used on the pink the white mixture would absorb the excess of nitric acid, and prepare the paper for writing on again—I examined these cheques, and found they had been subjected to a chemical process—I wrote a date upon this cheque and took it out with cyanide of potassium, and restored the colour with nitric acid—the edge of the blotting paper has been stained with chemicals—this rag has been burnt with nitric acid—some of the white mixture was in the porcelain bath.
Cross-examined by MR. GEOGHEGAN. I have not tried the effect of the white mixture on common writing ink—cyanide of potassium takes dirt from anything—it would take the stain of nitrate of silver from the hair—some empty bottles were submitted to me by the police—there was nothing to test.
FRANCIS JOHN PUXLEY . I am a builder, of 139, Corbyn Street, Crouch Hill—I know Raybourne as Arthur Carden—129, Corbyn Street, is my house—I let it to Raybourne about July last year—this is the agreement I made with him—he signed it in my presence, "Arthur Carden."
Cross-examined by MR. GEOGHEGAN. He did not live there as Raybourne—he gave me to understand he was a money-lender.
EMILY NICHOLS . I am the wife of Arthur Nichols—I lived at selbourne Road, Denmark Hill—in January negotiations were entered into between Raybourne and my husband—several letters passed between them—this one was written in my presence—I produce other letters purporting to be written by him.
FREDERICK GEORGE NETHERCLIFT . I have been engaged in the study of handwriting for the last 35 years—I have looked at this cheque, No. 210420.4—the letter I saw bears my initials: my opinion is formed generally—I have seen the agreement—I compare the signature with the body of the cheque—it is difficult to say positively from just looking—I want the capital S and P.
Cross-examined by MR. GEOGHEGAN. When Raybourne wrote this letter I was at 156, Guildford Street; I called at his office—I was sitting in a chair, and he in another—this is the only letter I saw him write—I am quite prepared to swear to it.
Cross-examined by MR. GEOGHEGAN. I have about five reasons—the writing in the body of the cheque is disguised—the writing in the letters is natural—Mr. Chabot has been examined against me about eight times in 20 years—we were both conscientiously positive in our views—I was against a late Lord Mayor in a libel case—the Jury were against me—that is not the only case when they were against me—I cannot always expect to win a case—I wanted to point attention to the capitals S and D—I form my opinion on certain capital letters and the way figures are joined—there is nothing more striking in it than in ordinary writing—I find certain forms of letters all occurring in one writing.
WILLIAM ACRES . I am a clerk employed by the Cheque Bank Company, Limited, at 124, Cannon Street—I have been searching for cheques—the cheques 211126 with the numbers 2, 3, and 4, were issued to Mr. Horwood on 22nd July—I have looked for 074911 with the small Nos. 8, 9, and 10, and 210420-3, 211380-1—those cheques have not come in—from 22nd. July to 15th December is an unusual time for those cheques to be out.
Jones in her defence acknowledged passing the cheques, and said she was employed by a person whose name she declined to give, and that, she was to he paid a slight remuneration for her time and trouble, and on her return
she gave up the articles: that she was not aware she was committing a felonious act, and was specially informed by the person who employed her that it was not criminal; that she used no mystery or concealment in her proceedings, having left one cheque for an hour with a chemist and returned for the change, and when questioned with regard to a cheque, she said "Certainly I got it from the country" and did so to gain time to consider what she had better say, not wishing to compromise any one; that she did not give her name and address, as she did not wish persons where she lodged to know of it, and therefore allowed herself to be locked up 48 hours; none of the articles found in her room belonged to her, they were brought without her permission, and she did not like to refuse taking them in; that she did not use the blotting-book for the purpose stated, and the rags were employed for rubbing furniture and wiping up ink stains; that the bottle of white mixture was Mrs. Allen's Hair Restorer, and if a bottle were obtained and compared the contents would be found precisely similar; that she had never seen the cheques till employed to change them; and all the other articles were her own property; that the cheques were blank when she saw them, but she understood they represented the sum stamped on them; that she had passed 12 years in a lunatic asylum, which might account for her want of acuteness in regard to money; and her family suggested a plea of insanity, but she was only too thankful to acknowledge herself a responsible being; that her antecedent were unexceptional, but she did not expect her friends would come forward; that she became acquainted with Raybourne a year ago through an advertisement, in which inquirers were to address Mrs. Raybourne with regard to small loans, and she had three small loans, which were repaid; that he also negotiated an insurance upon her life for 100l., which fell through on account of her having been in an asylum, a fact which she did not inform him of; that she had also theatrical and other engagements with him, and had never been charged with an offence until her arrest and recent imprisonment for seven weeks.
Smith in her defence stated that she only knew Raybourne in business transactions, and seldom saw him. She was not aware she was doing anything against the law, and had no idea of injuring the bank. She did not know of cyanide of potassium nor that the cheques could be altered, and she restrained herself from asking questions, and had no suspicions.
RAYBOURNE— GUILTY . He then PLEADED GUILTY** to a conviction in October, 1874— Fifteen Years' Penal Servitude .
JONES— GUILTY .— Twelve Months' Hard Labour .
SMITH— GUILTY .— To enter into her own recognisances of 50l. to come up for judgment when called upon .
793. LEDRU ROLLIN REYNOLDS (29) PLEADED GUILTY to unlawfully obtaining 50l. from Egerton Pickett Scott, and 20l. from Frederick Bayley Jones, and 300l. from the Silver Valley Mines Company.— Two Years' Hard Labour.
No evidence was offered.
NOT GUILTY .
MR. FILLAN Prosecuted. ROBERT THOMAS BURNE. I am a builder, of 10, Bishop's Road, Hyde
Park—I lost a book containing forms similar to the one produced, from the office of the factory, in the temporary absence of a clerk—I gave instructions to my trades people, including Messrs. Brooks, Phillips, and Co.—the writing on this order is not mine, nor my people's.
GEORGE HOUNSELL . I am a salesman employed by Messrs. Brooks, Phillips, and Co., of 567, Paddington Green—Davis brought this order to me—in consequence of information I received from Mr. Burne I detained him and gave him in custody.
Cross-examined the Prisoner. You asked if I knew where Phillips's was—you did not say that you found the order.
ASTHUR HARE (Police Sergeant X). On 25th July I received information from Mr. Burne—on 3rd August I saw Davis at the police-station, who gave me information, and arrested the prisoner a fortnight afterwards—I said "You will be charged with stealing an order book, and attempting to obtain solder"—he said "What, that builder's book; I never saw it; I simply gave him the order. I know Davis; he used to live close to us"—I had not said anything about Davis—I took him to the station, and charged him.
The Prisoner's Statement before the Magistrate. "I found the paper. I did not tell Sergeant Hare it was a builder's book."
Prisoner's Defence. I said "Take it to Burne's house, and you might get the job, or a couple of hours' pay for it."
GUILTY . He was also charged with a previous conviction.
WILLIAM SMITH (Police Sergeant X). I had the prisoner in custody—he was tried at the Westminster Sessions on 5th November, 1877, for stealing a gold watch and chain from where he was working—he had six months in the name of James Painter—I am sure he is the same man—I knew him to go by the name of Cook.
GUILTY.*— Twelve Months' Hard labour.
MR. A. METCALFE Prosecuted; MR. THORNE COLE Defended.
SARAH SMITH . I am the wife of Jacob Smith, of 55, Great Prescott Street, Whitechapel—on the night of 10th August I saw that the doors and windows were locked and bolted—I was the last person who went to bed—my husband, a servant, and eight children sleep in the house—about 5.3 I was awakened by the ringing of the bell—I went down, and found the front parlour window open—I shut it, and went to bed again—it is close to the ground—I went down at 8.20 a.m., and missed from the parlour a brown wire blind, a silver cup, and four coats, and from a cupboard in the parlour a jewel box and jewels—this is one of the coats—it was in the parlour the night previous—it belongs to my husband.
Cross-examined. I had looked the parlour cupboard—I missed jewellery to the amount of 20l.
RACHEL PEARSON . I am married, and live at 59, Wentworth Street, Whitechapel—I have known the prisoner well for five or six years—on 11th August, about 8 a.m., he came to my house, and said "Will you do me a favour and pledge this coat," which he brought wrapped in a cloth—I went to the pawnbroker's door; it was not opening time—I remained outside the shop about 10 minutes—Mr. Smith came by, and looked very hard at me, and I looked at him again—he identified the coat; I said "If that is your coat you had better take it."
Cross-examined. I do not know the pawnbroker's name—it was at the bottom of George Yard—I said to Smith "If it is yours, you had better have it, and I can fetch the lad who gave it me to pledge"—the prisoner lived in a common lodging-house—he remained in the neighbourhood, and went out with his barrow selling things—he sells hearthstone and changes clothes.
WILLIAM THICK (Police Sergeant H). From information I received, on 24th August I went to 59, Wentworth Street—in consequence of what Mrs. Pearson told me I went to No. 69 in the same street, a common lodging-house, where Mrs. Pearson pointed out the prisoner to me in bed, stating "That is the man I had the coat of"—I said to the prisoner "This woman states that you gave her a coat to pawn on the 11th"—after some hesitation he said "Yes, I did"—I asked him how he accounted for the possession of it—he said "I bought it of a man in the street about two o'clock in the morning; I gave 6s. for it—I do not know him, I have never seen him before; Happy Hill was with me"—that is the person I am unable to find—I handed him over to a constable.
Cross-examined. From 50 to 80 people lodged at this lodging-house—the prisoner is a general dealer—I know nothing against him.
The Prisoner's Statement before the Magistrate. "On the night of the 10th inst. I was in Mr. Gerringer's public-house with John Donald, who has gone hopping, and came out at shutting-up time. He asked me for 4d., which I lent to him. I went up to bed; I had been in there half an hour. I heard John Gill go out. I came down and saw Hill, and went to bed again for half an hour, and then I went downstairs and stood at the door. I asked Hill to come in. He would not. I went up to bed for three-quarters of an hour; Hill called me. He said, 'This man has a coat to sell. 'I said, 'I want no coat.' He said, 'Come and let me in.' I went down and let him in. The man followed to the kitchen; he wanted to sell the coat for 9s. I stuck at 6s. I gave it him. He gave me the coat. John Hill took it up to bed the next morning. I asked the person to pledge it."
NOT GUILTY .
FOURTH COURT.—Thursday, September 15th, 1881.
Before Mr. Common Serjeant.
MR. WILLES Prosecuted; and MR. THORNE COLE Defended. ROBERT WILSON. I am a groom of 128, Queen's Gate, Kensington—about 6.15 p.m. on 16th July I was in Cromwell Road—the prisoner
and two other men came and stood near me—they were talking about a bird—I was waiting for a carriage—one of them asked me if I understood birds—I said that I did not—he then said the prisoner had offered him 3l. 10s. for a bird, but he had not sufficient money, as he only had 9s.—I said I did not want to have anything to do with the bird—the prisoner, who was three or four yards off, then came up and said he was a bird dealer, and the bird was a foreign piper, and worth 10l. or 15l., and if I would try and get possession of it he would return in twenty minutes and give me 6l. for it—I gave the man who had the bird 10s. and my watch and chain, value 6l.—I received the bird in exchange in a paper bag, and waited for the man's return till 7 o'clock—he did not return—the bird is here—it is dead—the prisoner calls it a Java sparrow—I should, say when alive its value was not over 4d.—I gave information to the police and a description of the men at about 8.30 o'clock—in consequence of a telegram I received on 6th August, I went to Kensington Police-station, and from there to Kingsland Road Policestation, where I identified the prisoner without the least difficulty among eight or nine others.
Cross-examined. I was taken into a room where there were 20 or 30 policeman perhaps, and waited before I identified the prisoner.
ROBERT SAGS (Detective G). I apprehended the prisoner about 11.30 on 6th August, in Kingsland Road, shoreditch—I said "I shall take you in custody on suspicion of being concerned with two others in obtaining a watch and chain and half-a-sovereign by means of the bird trick, from a person in Kensington on 16th July"—he said "I know nothing about it—I took him to the station—he was talking to another person—Wilson was sent for, and the prisoner was placed with nine others out of the street, and he at once identified him.
Cross-examined. I did not superintend the identification—the Inspector did, and two others—I have been in the force 16 years.
Re-examined. Wilson walked straight up to the prisoner—he did not walk up and down the row.
GUILTY .**— Eighteen Months' Hard labour.
THOMAS STORER . I am an insurance agent and collector, of 157, Louise Road, Water Lane, Stratford—between 12 and 1 a.m. on 11th August I was walking towards Mile End Road, and was just going to take the tram home—I had been out to a private party—two men attacked me from behind, kicked me, and pulled me over backwards—the prisoner and another man fell on me, and kept me down on the pavement—the prisoner put his hand in my right trousers pocket to take my purse away, and I got it into my hand—with the assistance of two or three others he managed to get it, and ran away with it—one of them rubbed his knuckles on the back of my hands—it was done instantly—there was 2l. 15s. in the purse—I afterwards missed my watch and chain—I shouted "Police, stop that man, he has taken my purse"—I never lost sight of the prisoner—I saw him rush into a policeman's arms—I was about two minutes on the ground—the others tried to rescue the prisoner—they kicked at the policeman—next morning I was Unable to attend before the
Magistrate—I felt fractured across my loins—I doctored myself—I had some liniment—I am 45 years old—they put their knees on my chest when they were trying to get my purse out of my hand—the prisoner tried his utmost to keep me down and to get the purse away—he used the greatest energy of any of them.
Cross-examined by the Prisoner. Two or three men pulled me down backwards, and you and the other fell on me—some of your comrades tried to rescue you—I remember having my watch in my possession that night, but I do not remember seeing any one taking it—I did not charge you with taking it—I did not see the police tear your shirt off—I do not think you had one on—I was quite sober.
THOMAS COAKLEY (Policeman K 110). I was in Whitechapel Road when I saw Storer on his back, and the prisoner on his right-hand side—he put his hand in his trousers pocket—I was three or four yards off—I saw several others round Storer, and I heard one say, "Look out"—with that the prisoner threw the purse to another man—it was a moonlight night—the prisoner ran up Brady Street—I pursued him and kept him in view—I heard Storer call out "Police! I am robbed"—he said he had been robbed and kicked—when he saw the prisoner in custody he said "That is the man"—I met K 63, and he caught the prisoner, who was very violent, and tried to throw the constable by putting his head between his legs and entangling his legs with his; he butted at him—I was not two yards off—the prisoner ran into the constable's arms—Storer was in a very exhausted state—on the way to the station the prisoner was very violent, and we were followed by a riotous mob, who tried to rescue him—I know one of them—I have several times seen some of them with the prisoner before.
Cross-examined. I distinctly saw you take the prosecutor's purse—I saw about eight or ten other persons there.
Re-examined. I was present when the prisoner was brought before the Magistrate—the prosecutor was not there, and he was subsequently rearrested by William Waller.
THOMAS RIGGS (Policeman K 63). I saw Storer lying on the ground and the prisoner on top of him—they were about three yards off—I went towards them, and the prisoner with others ran towards me and tried to trip me—I followed him, and he tried to trip me again by entangling his legs with mine—I had two or three kicks at my legs—I saw the other constable running after them with Storer; they cried out "stop them"—the prisoner turned back, and I followed him back and captured him and took him to the station; he was very violent—Storer said "That is the man who knocked me down; I have lost my purse"—he charged him with taking it—he did not say anything about his watch at the station—the prisoner was brought up at Worship Street Police-court next morning—Storer did not appear, and he was discharged—we did not use more violence than was necessary—the prisoner was very violent and tried to get away from us by kicking about—Storer was very excited and exhausted—he was as sober as I am.
Cross-examined. I saw several of your comrades there—they were trying to do the same as you, to pick his pockets and hold him down—you
tore your shirt yourself—I did not knock off your hat, or screw your wrist round, or hurt your little finger—I saw no woman at the station on your behalf during the time I was there, nor do I know that she was turned out by the police—I did not see the inspector strike you—when you were taken up again I was in the country—I did not go and see Storer in the meantime.
Re-examined. "The prisoner did not complain at the station about his finger, or desire to see the surgeon.
WILLIAM WALLER (Detective K). I took the prisoner on 10th August, and told him he would be charged with robbing and assaulting a man in Whitechapel Road last Thursday night—he had been previously discharged in the prosecutor's absence—he said "I did not know you could be charged again after you have once been discharged"—I said "The man was too ill to attend the police-court through the violence"—he said "Very well, I don't know anything about it."
Cross-examined. I said to you when you were brought up at the police-court, "You will be charged likewise with stealing a silver watch value 2l."—Storer had told me had lost his watch.
THOMAS STORER (Re-examined by the Prisoner). The Magistrate asked me whether you struck me—I said you, with others, used great violence—I did not see you deliberately strike me, but I was kicked down—I still suffer.
The Prisoners Statement before the Magistrate. "I am innocent. The night this happened I saw a crowd of about forty people shoving about, and I stopped to look on. I heard a cry of 'fight,' and I went to see where the fight was, and I was apprehended by Constable 63. He said that was wanted. I said 'What for?' and the prosecutor came up and gave me in charge for stealing his purse and assaulting him. I was dragged to the station like a dog, and my clothes were torn, and I was black and blue all over. I was charged, and the prosecutor said I was the man who pushed him down, but he could not say that I was the man who took his course. I was charged with stealing his purse and assaulting him, and was discharged by the Magistrate on account of his not being there. I had a young woman, a stranger, who came as a witness for me to the station, and they almost threw her down the steps."
The Prisoner in his defence said that the police had made up the tale, and hat he knew nothing of the occurrence.
GUILTY . He then PLEADED GUILTY** to a conviction of felony at Clerkenwell in July, 1879.— Five Years' Penal Servitude and 20 strokes with the cat .
MESSRS. MONTAGU WILLIAMS and GILL Prosecuted; MR. CROOME Defended.
MOSES BOTBOL . I am an interpreter, of 4, Castle Street, Haymarket—came from Tangier, and have been in England since 27th July—on friday, 29th July, I met a man, and we went to the Three Nuns, Aldgate—I parted with him and met him again next day—he took me to the came public-house—I saw the prisoner sitting in the bar—I was talking talian—he did not say anything to us, and we never spoke to him—nother man came in and we had some more drink—the prisoner met us the street in the evening, and said "Good evening; what business have out here, and what are you talking about?"—I said said "This gentleman
has some French bank notes to change, do you know anything about them?"—he said "Yes"—he spoke in Italian—the man showed me one of the bank notes, and the prisoner took it and broke it in three pieces, and said "Very good"—I saw it was late and said "Good night, it is more than half-past 11"—the prisoner said "Well, we must say what we are going to do about this business"—I said "I don't know"—he said "Oh yes, we will meet to-morrow at 8 o'clock exactly"—so the next morning I was the first man in the place—the man who met me first came after me with his little bag; the prisoner then came and said "Good morning, the gentleman has not come yet"—I said "No"—at 8 o'clock the gentleman came who was supposed to have the bank notes—we went to a coffee-house, and when we were taking the coffee the man opened his bag and showed me a roll of paper which looked like money—he said "This is gold, feel it"—I felt it and said that it was money—he said "I will show it to you," and he took it out and untied one end of it and showed me a gold 50-franc piece—I said "It is a very good piece, anything like this I can change myself"—he said "No, I must have all the change, the bank notes and all"—he put it in his pocket again, and the prisoner and the other one told him he must not carry that heavy thing in his pocket again, and he must put it in the bag, and he did, so, locked it, put the key in his pocket, and said we must go, and he gave me the bag to carry—I said "Where are you going?"—it was raining—the prisoner said "We are going to the biggest French hotel in London, where there are several gentlemen who can change this money"—we went along from street to street till we got to one very big street, and there was one very narrow street—the man who met me first said "We must have breakfast, and can have it here"—he went into a small street to see whether the other door was open—as he was going outside the owner of the bag asked me to give him my confidence—I took the string of the bag and caught it in one of my buttons—that was my own bag that was under my clothes; I had 60 sovereigns in it—while I was undoing it the man came back with a knife to cut the string—I said "Don't cut it, I want the string to hang the bag on again"—I untied it and handed my own bag containing my money to the man who gave me the bag to carry—he put it in his pocket afterwards—the prisoner said "You had better go and put that bag in your room, because it does not look well to carry it on a Sunday, and we will wait for you at Bishopsgate Street Station"—I said "I do not know my way," and the prisoner called a cab, put me in it, and told the cabman to take me to the station—I went to the station—I did not know where to go—I thought I had better wait for them there, and I had been waiting three quarters of an hour, and after I saw no signs of them I said I had better go and keep the bag in my hands, and wait in the public-house—after waiting a long time I had a letter from a gentleman I had to go to, and I took it out and handed it to a policeman—I heard the money in the paper loose in the bag; it sounded like gold—I had no key to open the bag, so I capsized the bag in that way and shook it, and I saw a penny—I got frightened and shook it again, and saw 5d. and 6d. together—I then went to the police-station—they asked me how I knew there were coppers in it, and I said "There are supposed to be bank notes also; you had better look"—they opened the bag and found 5s. in coppers, one piece of gold, and some newspapers—one of the officers took me to see if I could find any of them—on 17th
August I met the prisoner near London Bridge Railway Station—I said to him "How do you do?"—he answered "How do you do?"—I said "How is it that you never came for your bag, because I don't know what is in it, whether it is gold or silver?" and he said "Did not the others come for it?"—I said "I never saw one of you since that day"—I put my hand round him and said "I want my money; it is no gentleman's trick to play with a poor man like me"—his face changed like a dying man's—I said "If you don't give me my money quietly I will give you in charge"—he said "Yes, come in here"—I said "No, I want my money here"—he said "Here, come in this public-house"—I stopped, and we sat down just inside—I said "I have caught you now, and if you don't give me my money quietly I shall give you in charge, for—I have an order from the station to give you in charge when I caught one of you"—he asked me how much it was—I said "53l."—he put his hand in his pocket and handed me out 15l., which I took with this hand, and half a sovereign—he put that back and said "I will give you that and French money"—I said "All right, give me that, "and he put his hand in his pocket and handed me some notes, and I said "No, they are no good"—I said to me "Come to the bank with me, I will change them for you"—I said "All right," and I put my arm round him again, and he said "Don't take me like that in the street," and I took him by the cuff—I had the money in the other hand, and he thought I was going to the bank, but I went to a policeman and gave him in charge.
Cross-examined. I was in England before about 8 years ago—I speak English middling—on the 29th July I did not see the prisoner at all—it was about 9 o'clock on the Saturday when I saw him. and I left about 11.30—I was with the other two—one went away as soon as he saw the prisoner coming to us—that was the first man who met me on the Friday—the little black bag produced to-day was bought at a hosier's shop in Whitechapel Road by the man 1 first met, about 6 or 7 p.m., before the prisoner joined us—I had been walking with the man from about 5 till 9—when he was coining up to us one of the men said "Here is this Austrian coming; we must not say anything now," and I said "I don't care, we are not robbing him; let them come"—I meant that we were not talking secrets—I never robbed any one—I was lodging in Hounsditch—eight years ago I used to stop at a public-house near Aldgate Railway Station—I don't come over here as an interpreter, but to buy goods—my purse was hung with a fishing-line string inside my clothes—it was not the prisoner I gave the money to—he advised me to carry the other bag to my room—it was the first man who went up the narrow street and came back with a knife in his hand—we were walking with our heads down, as it was raining—I got to the station, I suppose, between 9 and 10 o'clock—I then had the bag in my hand—it was in the next cab that I shook the money in the bag—I expected the pay they promised me, which was a present of a bank-note or two a-day, and the man said he was going to remain a few days, and he wanted me to go to Spain and Paris—I thought he had a good business because he was so swell and so much of a gentleman—it was on 17th August, on passing the railway station, I saw the prisoner—I shook hands with him, and held him well—he did not say "I don't know who you are," or anything of the kind—he never told me that he did not know me, or that he did not know anything of my money—I went at once to the public-house with him—a
good number of people were inside, and I sat him on a red velvet seat near the door—there was nobody else close to me—I only took notice of him—I was farther from the persons in the bar than I am from the foreman of the Jury—he gave me 15 sovereigns, and put the halfsovereign back again—he counted them to me in my hand—I kept the 15 sovereigns—that is the money I have been going on with—I had been living on the coppers up to 17th August—I got 2l., less 9d., for the gold piece—I refused to take the French notes—if he had given me the money and 50l. extra I would have given him in charge just the same from what I have suffered—when he asked me to go to the bank with him I went out of the public-house, and held him by the hand till I saw a policeman—that must have been about 6 o'clock—I don't know anything about London, or what time the banks open or shut.
ELIZABETH HEAPY . I am barmaid at the Three Nuns Hotel, Aldgate—on the last Friday in July I saw Botbol there with another gentleman—the following day I saw Botbol with two gentlemen—the prisoner was in there sitting by himself on the Saturday—I am quite sure it was the prisoner.
Cross-examined. We have a good many customers there—this was on Saturday the 30th July—on the Sunday week following I think I was asked whether I remembered seeing Botbol there and anybody else—I only saw the prisoner there on the Saturday afternoon—I did not see him again till 1st September, at the police-court, Arbour Square—the police told me I was going to identify the man who I had seen—there was only the prisoner there—I was quite sure he was the man—I see a good many hundreds in the course of the week at the Three Nuns—I have been there about nine weeks—we get a good many foreigners—there is a restaurant next door—I do not know Cortice's—I believe there are two or three restaurants in the neighbourhood frequented by foreigners.
ALFRED FULJAMES (City Policeman 754). On 17th August I was on duty on London Bridge—the prosecutor said "Policeman, this man" (the prisoner) "has stolen my money by means of the confidence trick; I have given information at Leman Street; you take him into custody"—he had some gold in his hand—I then took the prisoner to Seething Lane Police-station, where Botbol said "He has already given me 15 sovereigns"—the prisoner said he had never seen the man before in his life—I searched him, and found on him a 500-franc note, four 100-franc notes, four 10-dollar notes, a 1-dollar note, an Italian post-office order for 300 francs, 8l. 10s.; in gold, seven 10-franc pieces, four 20-franc pieces, one 20-franc Italian gold piece, 9s. in silver, 4 1/2 d. in bronze, three small nuggets of gold, a piece of chain, two gold watches and chains, a locket, a knife, and a lead pencil.
Cross-examined. Botbol had hold of the prisoner as far as I could see by his coat—I told the Magistrate that he had hold of him by the coat, and not by the wrist—that is so—the prisoner was with his back to the parapet of the bridge—at the station the prisoner said "This man is crazy; I don't know him"—he also said that on the bridge—he did not attempt to get away, but went quietly to the station—one of the watches was his wife's, and has been returned—the other watch has been claimed by a man at Bristol, and is the subject of another indictment.
JOSEPH NEWMAN (Detective H). From information I received I went to 177, Dennett's Road, Queen's Road, Peckham, and found this receipt for a diamond ring purchased on 5th August—after the prisoner had been searched I said "Where is that diamond ring you had?" the prisoner said "In my pocket"—I said "Give it to me"—he then put his hand in his wastcoat pocket and pulled it out, and handed it to me (produced)—I showed him the receipt for it, and read it to him.
Cross-examined. This was at his wife's mother's house, where he was living—I found it in this pocket book (produced).
Witnesses for the Defence.
EMILY FRENCH . I shall be 19 on 29th December—my sister is married to the prisoner—she was 30 last birthday—they lodged at 61, Trinity Square, South wark, on 30th and 31st July, and I was staying there on a visit to them—a Mrs. Cuckoo was also staying there, the landlady's sister—on Saturday, 30th July, I slept in the next room to the prisoner and his wife—I occupied the same bed as Mrs. Cuckoo—I awoke on the Sunday morning, the 31st, at about 7.50—there are folding doors between the rooms, and I heard my sister and her husband talking—I went into their room about 8, and I had breakfast with my sister and her husband in their room—the prisoner remained with us till about 11 o'clock.
Cross-examined. I have not given my evidence before—I went to the police-court both times—the prisoner was represented by solicitor and counsel—I went to live at this house on 21st July—I left on 1st August—I live at Dennett's Road, Queen's Road, Peckham, with my mother—the prisoner was at home with mother, I believe—at the time he went to Bristol I was not at home—there was not a clock in the room to tell me the time I awoke—Mrs. Cuckoo had a watch—she looked at it—the prisoner and his wife were in bed when I went in—Mrs. Cuckoo did not go in—she brought the tea up after—the prisoner did not get up on Bank Holiday till about 10.45—his usual time is about 8.30 or 9—he got up about 8.30 on Saturday—I cannot tell you what time he got up on the Friday—I was there the Sunday before—he did not get up before about 9—I do not always wake about 7.50—sometimes Mrs. Cuckoo awoke me.
Re-examined. The room in which the prisoner and my sister slept was a sitting-room as well.
MARIA CUOKOO . I am married—on 30th and 31st July I was staying with my sister, the landlady of 61, Trinity Square, South wark—on the night of 30th July I slept with the last witness in the next room to the prisoner and his wife—I awoke in the morning a little after 7 o'clock—I got up about 7.30 or 7.45—I heard the prisoner's wife talking to him—I went down about 8 o'clock; the prisoner's wife asked for hot water to make the tea—I left the last witness in their room—I made the tea, and took it up about 8.30—when I went into the prisoner's room he was there with his wife, and the cloth was laid for breakfast—I left their breakfast with them, and went out again.
Cross-examined. I knew him by the name of Enricci. Angostino—I called her Mrs. Enricci—we had a parrot then—I had some conversation with Newman when he came to me—I don't remember telling him that the prisoner went out on Sunday morning at 7 o'clock—I think it was my sister who said that—I think I told him he went out early on
Sunday morning—I cannot say whether it was the Sunday before Bank Holiday.
Re-examined. The 31st July was the Sunday before Bank Holiday—I saw the prisoner that morning, about 8.30, when I took the tea up—I did not hear him leave his bedroom—I saw the detective in my sister's presence; I could not say how long that was after the 31st.
MARY ANN WINCH . I am tenant of 60, Trinity Square, next door to 61—the prisoner and his wife were lodgers at 61, and were there on the Sunday before Bank Holiday—I left my house about 8.30 or 8.45 a.m. on the Sunday to get the milk for breakfast—I saw the prisoner looking out at his window, and he wished me "Good morning"—I had spoken to him before; they lodged with me before they went to 61.
Cross-examined. I generally go for my milk—they lodged with me for two days a week or a fortnight before—I understood the prisoner was a wine merchant; I did not ask him if he had an office—I was not called at the police-court; I was there—I was first asked about this circumstance of my going for the milk when the prisoner was first locked up—I cannot say whether or no it was before he was taken before the Magistrate.
GUILTY . There was another indictment against the prisoner.— Judgment Respited.
NEW COURT.—Friday, September 16th, 1881.
Before Mr. Common Serjeant.
NOT GUILTY .
MR. HICKS Prosecuted.
DENNIS MARNEY . I am a labourer, of 105, Brook Street, Ratcliff—on 31st August I went to bed by myself about 9 o'clock—I was after wards awoke by a fire engine passing, and found my wife in the bed—I went to sleep again, and she afterwards awoke me, and I heard a scrambling at the foot of the bed towards the door—I said "Who's there?" but got no answer—it was dark; the shutters were up—I got out of bed, opened the shutters, saw the prisoner, and said "Stop"—he made no answer, but went through the gate—this was about 5 a.m.—he was the only man in the street—I saw his face and am sure he is the man. (The prisoner was a black man.)—I got out at the window and ran after him 10 minutes or a quarter of an hour through several streets and overtook him—he said "If you come after me any further "put out his hand with something in it, and rushed at me—I ran away and he ran off—I started after him again, caught him, and he challenged me to fight—I sparred with him to keep him till the police came—he found I was too good for him—he tried to kick me in my stomach, and kicked my knee—a constable came, and when I made the charge the prisoner said "You can make it as long as that"—he said that he went there by mistake, but said nothing about calling a shipmate—he speaks English better than I can—I was without nly boots—he said that he never walked England's ground without boots
or stockings—he was taken to the station—I went home and saw my wife with my coat and waistcoat; I had left them on the back of a chair behind the door.
JOHANNA MARNEY . I am the prosecutor's wife—the house was shut up when I went to bed, but not the bedroom door—I was awoke by a noise—I think it had gone 4 o'clock—I sat up in bed and said "Who's there?" three times, but got no answer—I awoke my husband and said" There is somebody in the room"—he said "Who's there?" but got no answer—he opened the window, pushed out the shutters, and then I saw a man going out at the door, but only saw his back—my husband followed him—I afterwards found my husband's coat and waistcoat on the ground about three yards from the door—they were on the back of a chair behind the door when I went to bed—when the prisoner was brought back I found the back kitchen window open, and one shutter open, which was closed, but not bolted, overnight—a person could get in at that window from the ground—our bedroom is on the ground floor—the window was shut.
Cross-examined by the Prisoner. I did not tell Mrs. Dingle she must say what I told her.
ELLEN DINGLE . I live at the top of this house, 104, Brook Street, with my husband—I was the last person who went to bed on 31st August—I fastened the front door at 11.30 with two bolts and a chain—I was aroused by a noise in the morning, came down, and found the door open—that was after the prisoner was brought back.
WILLIAM THOGHDEN (Policeman H 353). On 1st September, early in the morning, I was on duty, and saw Marney holding the prisoner—he gave him into my charge for being in his bedroom—the prisoner said "I went to call a shipmate of mine, and made a mistake and went to the wrong house"—I took him back to the house and found the door open, the side windows up, and the back kitchen shutters open—Mrs. Marney brought me this jacket and waistcoat, and said in the prisoner's presence that she picked them up in the passage after he ran out—I told him the charge—he said "All right, I will go with you"—I asked him his shipmate's name—he said "Anderson," and gave me the address—it was a tripe dresser's—there were no lodgers there—he made the same statement at the station.
The Prisoner in his Statement before the Magistrate and in his Defence asserted that he had been drinking, and parted with Anderson overnight outside a house with steps to it, where Anderson went with a girl; and promised to call him in the morning to go on board ship at 6 o'clock; that when he went to do so at 4.30 he struck the door of the prosecutor's house, mistaking it for the house where Anderson was; that it opened and he went in, and when Marney jumped up he ran away; and that Anderson had gone to sea.
GUILTY .— Four Months' Hard Labour.
MR. POYNTER Prosecuted.
MARY SHARP . I am a widow, of 94, East Street, Marylebone—on 31st August, just after midnight, I was sitting down in Thayer Street tying up 3s. in a handkerchief; the prisoners came up to me, and one of them snatched my handkerchief—there was a lamp near—one held me down while the other searched my pockets; they hurt my chest and arms very much—I called for the police; the prisoners were stopped, and I went to the station, and charged them—I had seen Coleman before; he made a snatch at me on the Saturday night previous, and I knew him again.
Cross-examined by Coleman. I can't say whether there were two or three young men—you ran away when you saw the policeman coming, or I should have been very much hurt; I was not able to go to work all that week.
Cross-examined by Collins. I was not the worse for drink—I lost a purse, but I did not value that at anything.
CHARLES NIGHTINGALE (Policeman D 261). I was in Marylebone Lane, and saw Coleman kneeling on the prosecutrix on the pavement—Collins, who was standing about 10 yards off, shouted out "Come on, Jack," and Coleman got off her; went up to Collins; and they both ran away—she shouted "You villains, you have stolen my money"—I gave chase through Thayer Street, Marylebone Street, William Street, Hinde Street, into Mandeville Place, where I caught Coleman; he said "I did not touch the old woman"—I had not spoken to him then, being out of breath from running—I took him back to the prosecutrix in Thayer Street, and another constable brought Collins—she charged them with stealing 3s.; they said that they did not know one another—they were taken to the station, and I found on Collins 1s. in his pocket, 1s. in his boot, 1s. in the lining of his trousers, and a knife; and on Coleman a Hanoverian medal, a loz. weight, a duplicate, a knife, and a small looking-glass—there was a lamp at the corner outside the Angel public-house.
Cross-examined by Coleman. I am sure I saw you kneeling on her—you are the only one I chased—I had to take three or four turnings.
THOMAS MCCARTHY (Policeman D 148). I heard Mrs. Sharp calling "Stop thief," and saw the prisoners running—I followed Collins, and took him in Wigmore Street, 300 yards off—he was taken to the station, and I saw 3s. found on him—he said "I know nothing of Jack Coleman."
Cross-examined by Coleman. I did not say "Come on, Jack, we have got you at last."
The Prisoners' Statements before the Magistrate. Coleman says: " Late in the evening I met a couple of friends, and drank with them; I was drunk. I was going home. When a constable came up in Mandeville Place and took me I was surprised." Collins says: " I was not in Coleman's company at all." They repeated the same statements in their defence. CHARLES NIGHTINGALE (Re-examined). Coleman was sober. GUILTY .
COLEMAN was further charged with a conviction at Clerkenwell in February, 1881.
of stealing a tub of butterine. Sentence—Three Months' Sard Labour. I was present—Coleman is the person; I had him in custody.
GUILTY. *— Five Years' Penal Servitude . COLLINS— Six Months' Hard Labour.
MR. MEAD Prosecuted; MR. MONTAGU WILLIAMS Defended.
JEANETTA FRETIN (Interpreted). I am the wife of Auguste Freton—up to December last we kept an hotel at Antwerp—we made the acquaintance of Walter Moser there—my husband sold the hotel, and we came to England with our son, 18 years old, and lived at 14, Hipplepin Road, Tottenham, and my husband obtained a situation on the Great Eastern Railway—the prisoners came for our house in February; only my son and I were at home; they went into the front room for an instant, and then into the kitchen—they said "We are officers of police employed by the bank; is your husband at home?" I said "No"—they said "We have come to take your husband in custody for fraudulent bankruptcy in Belgium; we have been looking for him for three days to try and find him, and you must give us money"—they said that they must have 40l. to cover their expenses, as they had spent from 27l. to 30l. finding my husband, and the remainder was for them to go to Antwerp to arrange matters—the little black one spoke (Griffin), but the the other was close to him—I said, "I have no money;" they said "Yes, you have money," and the little one said "Which would you prefer, to give me the money or to have your husband locked up for 20 years?"—after that, thinking they were police-officers, I gave them three bilk of 100f. each and a small diamond pin value 15l.—Griffin gave the pin to Littlefield, and said "Are you contented?" he looked at it without saying anything, shrugged his shoulders, and put it in his pocket-Griffin took the notes—I gave them wine and every sort of good thing there, and also gave them each a bottle of champagne to take away with them, and told them it would do them good on the boat going to Antwerp during the night—when my husband came home I told him what had occurred—I was walking with him in August, saw Littlefield, and pointed him out to my husband, who fetched a constable, and on the ing Monday he was given in custody.
Cross-examined. My husband's name is Auguste Fretin—he has no other name—my name was Hybrech, but he never went by it—I understand very little English—the men were at my place an hour and a half, not three hours—I gave them two bottles of Bordeaux to drink in the house—I drank some of it; we all drank together—I thought them the best friends in the world—my son was not present—there was no cab at the door—I mean to tell you positively that my husband was not there—he did not go out to the door with me and my son when the prisoners left, nor did we stand at the door laughing and talking—there was no cab or cabman before the house—I did not shake hands with the prisoners when they went away—I never saw that man (Potter, a cabman) before—it was near 10 o'clock when the prisoners left, and my husband did not come home till nearly 11—he was simply bankrupt in Antwerp, not a fraudulent bankrupt—he was taken in custody in England, and
taken to Antwerp to be tried, but there was a misunderstanding on the other side—I knew Moser six months in Antwerp; he lived with us in the hotel, and was a friend of my husband.
Re-examined. My husband was kept in custody one day in Antwerp, and his bankruptcy was afterwards annulled.
WALTER MOSER . I am a basket manufacturer, of 20, Red Lion Square—I was stopping at M. Fretin's hotel at Antwerp before Christmas, and after I came to England I met him, and renewed my acquaintance with him at 14, Hipplepin Road, Tottenham—early in February I met Griffin, whom I had Known for five or six years—he is a portmanteau manu-facturer, of Jermyn Street—I mentioned M. Fretin to him, and said that he kept an hotel in Antwerp, and had since been bankrupt and left Antwerp in debt, and came to England, and resided at 14, Hipplepin Road, Tottenham, and was in the employ of the Great Eastern Railway—Griffin took an interest in what I said; he asked me for Fretin's address, and I gave it to him, and on the Tuesday or Wednesday afterwards he called at my office and said he wished to speak to me privately—I said I could not speak to him privately then—he said "I should like some memoranda like these," meaning my bill—heads, "where do you get them printed?" and asked for one—my partner, Mr. "Wright, took it away from him, and was about to put it into his pocket—either that evening or the next I was going" with Mr. Wright to take an omnibus to Tottenham Court Road, and we met the prisoners—I had not seen Little-field before—we all four went to the Bedford Hotel, Tottenham Court Road, and had something to drink, and Griffin told us that he had been down to M. Fretin's house, and had a good supper and some cigars, some of which he brought away with him—Griffin afterwards came to the office and wanted me to go outside to see Littlefield, but I did not—he said he wanted me to make an arrangement to get them out of the scrape which they had got into, that they wanted me to say that I authorised them to go down to M. Fretin's to collect a debt, as that would be the better way of getting out of it—the same proposition was afterwards made in the presence of Littlefield's son, but I do not think it was ever made in Littlefield's presence—Griffin explained what the scrape was—he told me that Fretin gave them a pin and three bank notes, each value 4l., and that they had supper and cigars, and he frightened the old man by telling him about his bankruptcy, in fact, what I had told Griffin; and that they represented to him they had come from tome tradesmen in Antwerp, and they wanted some money to pay their expenses—Fretin owed me no money, and never did; nor did I instruct them to go to him to collect a debt of mine.
Cross-examined. I always considered Griffin a highly respectable man—I have known Fretin since July, 1880, when I put up at his hotel—I never knew him passing by any other name there, but in London I believe he passed by the name of Fretin Hybrech, in consequence of his bankruptcy in Antwerp—I only know the name of one of his creditors, that is Mr. Vanderenden, of Brussels—Griffin was a perfect stranger to Fretin—I entered into Fretin's history because I thought it peculiar that he should have left Antwerp and come here to the Great Eastern Railway, and be engaged at 30s. a week as a fireman—I mentioned it to Griffin in a casual manner—Griffin appeared to take an interest in such an extraordinary man, and asked his address, and if he had any money—I said that I believed that he had plenty of money—I did not say that he had obtained 2,000 cigars fraudulently, or that the amount of his
liabilities was 60,000 francs—I told him that Vanderenden was one of his creditors—I know that there is such a person as Cropps, of Brussels, but I do not know whether he is one of the creditors—I have never said that Fretin was present, but the prisoners said that he was—I do not know Mersch, of Antwerp. (Mr. Wallington was here called into Court)—I do not know that gentleman—I can't say whether I have ever seen him in public—he was not present when the conversation took place about Fretin being a fraudulent bankrupt—I did not savin his presence, "There is an old thief named Fretin who has absconded from Antwerp, having contracted a large amount of fraudulent debts; he is now hiding from his creditors at the Hipplepin Road, Tottenham, under the assumed name of Hybrech, he owes me a large sum of money, and amongst others, a sum of 7l. 10s., the price of some goods which he sold to me considerably under their value, but which goods had been stopped at Antwerp by the police authorities. I paid him for the goods, and they were never delivered, and he never returned me the money"—that is all a dream—I did not ask Griffin to go to Tottenham and collect the money for me, nor did he then ask me the names of his creditors, or write down at my dictation the names of Vanderenden and others—I did not offer him my pencil, nor did he write them down in ink—it was in February I first learnt that the prisoners had been down to Fretin's place—I thought it was a very wrong thing—I did not tell Fretin that I knew who the men were, because I did not see him—I knew where he lived, but I did not go there—I wrote and asked him to come and see me, and then I mentioned it—that was at the latter end of July, because I had heard that there had been some tales about it—he left the country in April; I saw that in a telegram—on a Tuesday in February Fretin came to my house and told me mat two men had been to his house and robbed his wife during his absence—that was the day after it occurred, but I did not then know who had been down there—Griffin told me about a week afterwards, but I did not see Fretin again to tell him, and I did not trouble about it—I had had business with Fretin at Antwerp bargaining for goods, but I never bought any—I used to hire his warehouse to put my goods in—he had a large place at the back of his hotel, where I used to ware-house my baskets.
Re-examined. Griffin told me that he had failed during the week, and was going to pay the composition of so much in the pound; and he was going to open a new shop, and then I told him about Fretin's bankruptcy—I did not know that the name of Hybrech was used in conjunction with that of Fretin, or whether it is his wife's maiden name, but in France and Belgium the wife's maiden name if very often prefixed to the husband's.
ARNOLD FRETIN . I remember the prisoners coming to my father's house at Tottenham in February—they asked for Mr. Hybrech—I told them he was not at home, and called my mother—Griffin went into the front room—they afterwards went to the hack kitchen, and my mother went to them—my father was not at home—I was not in the room when the conversation took place—I saw my mother fetch three 100-frano notes and a pin, but did not see what she did with them—I saw the prisoners go, but did not see what they took with them—I did not go out on the steps with my mother and the prisoners—no cab was there—I say positively that my father was not at home when the prisoners left.
Cross-examined. I did not go to the door when they left, but I was in the passage and saw them leave.
AUGUSTE FRETIN (Interpreted). I kept an hotel at Antwerp, where I made Moser's acquaintance—about Christmas last, being in money difficulties, I left my hotel, came to England, and went to live at Tottenham—I saw Moser on my arrival on 1st January—I was not at home when the prisoners came to my house, but my wife told me of it, and I went next day to the police-station and gave the description which she gave me—I never owed Moser a centime—my wife pointed out Littlefield to me in August, and I got his name and gave him into custody on the Monday.
Cross-examined. I surrendered to Mr. Greenham when I was told that there was a warrant out against me—that was on 20th or 22nd February—I came back from Antwerp on 2nd April—I did not know Littlefield's name till he signed it when he was taken into custody—I first heard Griffin's name at Edmonton Court—Moser never told me that he knew the names of the men who had defrauded me, or gave me any information on the subject—when Moser wrote to me I gave him a rendezvous to meet me in front of the station on 9th July, but he never came—it is probable that M. Yanderenden was one of my creditors, but I do not know; my head was turned—I came to England bankrupt on 31st December, 1880—I failed for from 5,000 to 6,000 francs, and I sent 10,000 francs by my son to pay everybody—I gave a bill on 10th January, which was payable on 1st April—it is, unluckily, Mr. Crapps who owes me money, but I never said so to Moser;. nor did I tell him that Mr. Yanderenden was a creditor of mine—Heckers, the banker of Antwerp, is not a creditor of mine, nor does he owe me money—Vermersh, a horse-dealer, who is dead, owed me 10,000 francs—I am quite sure I was not at home while the prisoners were there; I gave my lawyer a card showing where I was—I did not see a cab there, or give the cabman a cigar—I went to 207, Piccadilly—I did not ask to see the man who was doing the decorations—I said that I was looking for somebody with a lump on his neck like an egg—I had never seen the man I described, but I meant one of the men who had been to my house and got the 15l. as my wife told me—I never said of the man I described "I know him very well, and shall know him again if I see him; I know him as being able to decorate hotels and restaurants."
Re-examined. I sent my son to Antwerp in January with a sufficient sum to pay all my creditors—I paid them all I owed them, and my bankruptcy was annulled—I received this letter (produced) from Mr. Moser—I did not go, and then I received this other letter, dated 9th July, at 8 p.m.—I did not write to Mr. Moser, I told the bearer that I would meet him at the rendezvous—it was a little while before my wife pointed Littlefield out in the street that I made the inquiries at the house in Piccadilly; my son had followed him there from a railway train.
FREDERICK WRIGHT . I am in partnership with Mr. Moser—I remember Griffiin calling in February—Mr. Moser and I were in the office together—Griffin said "I want you to come out for a few minutes, Mr. Moser, I have something to say to you;" he said "I can't come out now; if you have anything to say you can say it before Mr. Wright"—Griffin said that it was not much that he had to say, and he took one of our
memorandum forms, and was doubling it up, and passing some remarks about it, and I took it from him—a few evenings after that I was with Mr. Moser going home, and we saw the prisoners at the corner of the Tottenham Court Road—Griffin introduced me to Littlefield; and we all four went to the Bedford Hotel, where Griffin said "We have been to Fretin's house at Tottenham, and we had a lark there; we had some supper and champagne, and after the supper we had a talk and left"—that was the substance of it—Griffin came to the office again on another day, and asked Mr. Moser to go out with him; he said that he could not, and he called again a few evenings after—Littlefield's son, who had been there some time, said to Mr. Moser that he had better write to Mr. Fretin, as Mr. Moser had been connected with the case, and if he saw him there would be an end of it; he said "I will write to him to call and see me, "which he did, and handed the letter to Littlefield on 17th August—when Mr. Moser was away in France Griffin came, and wished to see him; I said he was away on business; he said it was very awkward, as there was a case coming on in which he should call Mr. Moser as a witness to say that he told him to go and call on M. Fretin, and collect some money for him, and if Moser would do that it would settle the case—Littlefield was in custody then.
Cross-examined. When he said that he had been to Fretin's house and had a lark, Moser said nothing.
BENJAMIN BLACKMORE (Police Inspector N). I am stationed at Stoke Newington—on the evening of 8th February I received certain information from the Tottenham Police-station, and went to M. Fretin's house, 14, Hipplepin Road, Tottenham, and saw him and Mrs. Fretin, and their son—they made certain statements to me.
THOMAS TEW . I am stationed at Stoke Newington—on 15th August I went with M. Fretin to Piccadilly—we went into St. James's Restaurant, and saw Littlefield there—I said "Are you Mr. Littlefield?" he said "Yes"—I said "I am a police officer; I shall arrest you for being concerned with another man in obtaining three Belgian bank notes, a gold pin, and a suite of diamonds, from 14, Hipplepin Road, Tottenham, on 17th February; "he said "All right, I have only been a cat's-paw in this matter; I went with another man to collect a debt for a Mr. Moser"—I told him that he need not tell me unless he thought proper, as it would be used in evidence against him, who the other man was; he told me he would tell me, but not then—he produced some papers from his pocket, and asked if I should take them from him; I said "Yes, all papers"—he was charged at the station about 10 o'clock the same night, and his brother came to see him, and asked him in my presence who the second man was; he said "Joe Griffin, of Piccadilly—next day I obtained a warrant for Griffin's arrest, and endeavoured to arrest him at 116, Jermyn Street, and 209, Piccadilly, he has those two shops, but was unable to find him—on 29th. August I found him outside the Court at Edmonton while the case against Littlefield was going on—I said "Mr. Griffin;" he said "Yes"—I said "I hold a warrant for your arrest;" I read it to him; he said nothing—I have omitted to say that Littlefield said that he borrowed a coat and umbrella from Mr. Allen on the night they went down, as it was very wet—this paper was found on Littlefield. (This was a written account of the interview with Mrs. Fretin, and asserting that M. Fretin was present, and gave them the money)—I
found on Griffin 3l. 10s. in gold, and 6s. in silver, and 7d. in coppers, and on Littlefield 5s., and 4s. in coppers, and a book with Mr. Fretin's name and address, under which was written Star Hotel, Antwerp, and the name of Hybrech.
WALTER MOSER (Re-examined by MR. WILLIAMS). I did not say in the presence of Littlefield's son, before they were taken into custody, that I could at any time lock Fretin up, nor did I say "If you can get Fretin up to my office here I will guarantee that he shall withdraw from the matter entirely"—I gave young Littlefield a note to take to Fretin in July, asking him to come down—I did not say "If he refuses to come I can compel him, I have several things in my hand that place him in my mercy"—nothing of the kind.
Witnesses for the Defence.
JAMES WALLINGTON . I live at Woodsom Road, Highgate—I have known Griffin as a friend and neighbour some years—on Sunday evening, 6th February, I called at his house, and found him at home with his wife and Mr. Moser—I heard Moser say to Griffin "There is an old thief living at Tottenham under the assumed name of Hybrech; he has come from Antwerp; he absconded from his creditors with a considerable sum of money; he owes me money, particularly a sum of 7l. 10s., but I have actually paid him for goods which I was unable to obtain possession of; as the money has been paid out of pocket I want it back, will you collect it for me?"—he gave Griffin Fretin's address, and the particulars of the creditors' names abroad whom Fretin had defrauded, and said "If he denies that he is Fretin you can use these particulars to show that you know he is Fretin"—Griffin wrote them down at the mantelpiece, and showed it to me after Moser left—this is it. (This was a list of foreign names and amounts in francs)—I saw Griffin the following week, and he made a statement to me—I nave known him five years as a respectable tradesman and a man of good character; but he had to compound with his creditors.
Cross-examined. That was in February this year—nothing was said about his bankruptcy while I was there—I am not in business; I have been a clerk at Nichol's, in Regent Street, but left because the confinement affected my health—my wife has property—I did not hear of the charge against Griffin till Littlefield had been arrested; Mrs. Griffin then told me; I live a few doors from them—I went to the police-court on the second occasion when Littlefield was examined; I do not know why I was not called; I went there—Griffin was not before the Magistrate—a few days after, on 6th February, Griffin told me that he had been down and collected the debt, and that the old man made them a present of a pin and some money, and treated them very well—from that time no person mentioned the matter to me till Mr. Griffin spoke to me—I am sure that Fretin was the name of the person who was called an old thief, and that his assumed name was Hybrick, but I do not recollect the names of the creditors who were mentioned.
Re-examined. I have no interest in this matter whatever—I am a house-holder.
JAMES POTTER . I am a cabman; my badge is 4186—I live at 200, Portobello Road, Notting Hill—on the 7th February, about 6.45 p.m., the two prisoners engaged me—I took them up at Jermyn Street, and set them down at Tottenham—they left me and walked up a road—I should
think it was nearly 11.30 when we came away—I saw them come out; I was walking up and down the road—I did not know where they had gone—a youth and an elderly gentlemen and a lady came out with them, and stood on the steps a little time; they seemed wonderfully jolly and shook hands—the prisoners brought out something in a fish basket, and some one gave me a cigar; I won't be sure whether it was Mr. Griffin or the party belonging to the house—that is the man I saw at the door.
(Pointing to M. Fretin)—I saw five persons there.
Cross-examined. I perfectly believe that M. Fretin gave me the cigar; I noticed his eyes so particularly; I recognized him at the police-court—it was night—I fix the date because I have cause to remember it; I had the horse killed soon afterwards, and it being a bad night I was frightened about the horse—I killed him in March; I think it was the 24th—because I killed the horse on 24th March I swear to this being the 7th February, because the mare was getting over the influenza, and she got worse after this night; she had had it three weeks—I know it was the first Monday, and my birthday is that week, that is another reason, I put them all together—the persons were standing in the hall in the doorway, not on the steps—they did not come down the steps; there is only one step to come down—the name of the road is Hipplepin; I have inquired since—the solicitor brought me here; he knew I was the cabman because Mr. Griffin met me last Friday in Dover Street, Piccadilly—I had never seen him in the mean time, and I should not have known him if he had not spoken—I was bound to stay at the corner of the street, because I could not get up the road; the house is 60 or 70 yards down the road—when these people came out on the steps they were 60 or 70 yards from my cab, but I left my cab unattended and went up to the house.
Re-examined. It was a very bad night; it rained—I do not go on the cab rank as a rule; I do not come out till dinner time, and I take passengers at late hours—I am quite sure I went to Tottenham, and that these two men went in my cab.
JOHN HARRIS . I am hall porter at 207, Piccadilly—Fretin called there and asked to see the man who was. the decorator—I asked him who he meant, and he described Mr. Littlen'eld very accurately—he said "He is an old man with a beard and a big nose, and a lump on his neck"—I said "You mean the decorator; he is not in the building"—he said he would call again, and that he was from the Great Eastern Railway, and had called about some money and jewellery, that he knew Mr. Littlenfield very well, but did not know his name and address, though he should know him again if he saw him, and that he was a decorator of hotels and restaurants, and he pointed to a border in the hall.
WILLAM LITTLEFIELD . I am the prisoner's son—I was at work at Piccadilly Chambers when Fretin came—he asked me if I knew a decorator or foreman of painters, and gave me a description—I said "He is not in the building at present," and they went away; another man was with him—this was on the Monday—I went with Griffin that afternoon to see Moser—Griffin said to Moser "I have come to see you about this matter of going down to collect the debt at Tottenham; some people have been up to Piccadilly making inquiries about this matter"—there was no secret made of the transaction, it was said openly before Mr. Wright, who was in the office at the time—Moser said that on the 20th Fretin
came to his office and told him that two men had been to his tenant and broken in during his absence, and almost frightened his wife to death; and that two or three days after Littlefield came to Moser and told him a different tale altogether; and Fretin acknowledged to Moser that he was there when the men came down, and he saw them and not his wife, and that he gave the things to them—he also said that Fretin had been to him next morning and told him; and he asked me if I would go down and see Fretin, and I said "No, not without a note from him"—he wrote one on one of these memorandums and gave it to me, and I went down the following morning and saw Mrs. Fretin and her daughter—she gave me directions to go to the South Tottenham Station on the Midland fine—I came back and saw Moser between 12 and 1 o'clock, and told him I had been to Fretin's, and he was out, and would not be back till evening—he said "Will you go again and take this note?"—I said "Yes"—I went down again about 7.30 p.m., and saw M. Fretin, his wife, son, and daughter at dinner or supper—I handed the note to him; he opened it, read it, put it down by his side, and I took it up, and put it back in the envelope and returned it to my pocket—Fretin made an appointment with me to meet Moser at 7.30 next evening, Friday, at Liverpool Street Station—I went the next morning with Griffin to Moser's office, and told him the result of my interview with Fretin, and about the appointment at Liverpool Street—Moser said he should not go to meet Fretin there in case Eddington, the superintendent of police of the Great Eastern Railway, might be there, or some one employed by him, to hear what Moser had to say to Fretin; and he said "You go up to Liverpool Street and see who is with Fretin," and I went and told Griffiu what had passed between Moser and I—Griffin then said that he would accompany me to Liverpool Street to see if Fretin was there, according to his appointment—we went to Liverpool Street and saw M. Fretin and his son and another man outside, standing between Broad Street and Liverpool Street Stations—we went back and told Moser what we had seen—he said he was very glad he had not gone there—next morning I saw Moser again—he said if I could only get Fretin to his office to see him, he would guarantee that Fretin did not take further action in the matter, as he held him entirely in his power—he said "I can't explain it, or how or why, but it is sufficient for you to know that I have that power"—he opened a drawer and took out a foreign newspaper and said "This is a last resource; if Fretin will not come here to see me I will insert an advertisement in this paper, which will cause two men to come over from Belgium and arrest him at once"—he also said that Mr. Eddington, of the Great Eastern Railway, had passed Fretin's goods to England over the line in an assumed name, and that subsequently Fretin entered the employ of the Great Eastern Railway as a fireman in the name of Hybrech through Eddington—Moser mentioned an oak suite of furniture which he should have liked to have himself.
Cross-examined. Fretin came to see me in Piccadilly in June, and after that I saw Griffin, who said "We will go and see Moser"—I said "Who is Moser?"—he said "That is the man who sent me to collect the money"—Griffin was in his shop—Moser told me that Fretin was an officer of the Great Eastern Railway under a false name.
Witnesses in Reply.
A. FRETIN (Re-examined). I remember the last witness bringing me
a letter, and I said "I will be at the rendezvous to-morrow at 8 o'clock to see Mr. Moser."
WALTER MOSER (Re-examined). I told young Littlefield, when Griffin was there, that Fretin told me that two men came down to his house one work night, and induced his wife to part with three notes and a pin—I don't think I used the expression "broke into the house"—I did not say to Littlefield, junior, "If I could only get him to my office he would be in my power;" nor did I produce a newspaper, and threaten to put an advertisement in it.
THOMAS TEW (Re-examined). On the day of the first hearing at Edmonton County Court, Littlefield, who was out on bail, said that they came by train from Liverpool Street to Seven Sisters, and it was a very mucky road to get to the station, and when they left he had a job to catch the last train home.
Cross-examined. It was not that he had a job to catch the train after he left the cab, and that the cab took Griffin home alone—I swear that—Littlefield gave his address at Enfield—I cannot say whether he would have to come back to London in the cab—he did not Bay that he had a job to catch the train to Enfield—I have never mentioned about the train till I heard the cabman give his evidence to-day.
The prisoners received good characters.
GUILTY . An arrangement was then made at to the restoration of the money and pin, and the prisoners were discharged.
OLD COURT.—Friday and Saturday, September 16th and 11th, 1881.
Before Mr. Recorder.
MESSRS. MONTAGU WILLIAMS and GILL Prosecuted; MR. EDWARD CLARKE, Q.C., Defended.
The defendant purported to be carrying on business in the name of Anson and Co., at 34, Parliament Street, from whence he issued advertisements requiring partners, secretaries, &c., and the sums charged in the indictment were obtained under the assurance that the business in which the parties were engaged would be of a profitable nature.
MR. CLARKE submitted that this would only amount to a promise for the future, and was not a false pretence of an existing fact within the statute He referred to a ruling of MR. JULTICE BYLES to that effect in the case of "Reg. v. Watson," 11 Cox, Criminal Cases, page 328 and the RECORDER, acting upon that ruling, held that there was no case for the Jury, and directed a verdict of
NOT GUILTY .
MESSRS. MONTAGU WILLIAMS and HORACE AVORY Prosecuted; MR. LILLEY Defended.
backing a horse for the City and Suburban, and he spoke to me, and said he could get better odds for me—he went off among some of the bookmakers, and came back and told me he had got 33 to 1—I was only getting 30—I made a bet—after that I met him on several occasions at the same place—I afterwards met him at the Alexandra Park Races on the Oxford and Cambridge boatrace day, and we transacted a few little bets together—I came to London with him that night—we met a person at the station, and the prisoner said "That is Bob Wyatt, the jockey"—I spoke to him; we had a conversation with him about horse-racing, and he took our addresses to forward us some good things, tips, if he should hear of them—the prisoner said next morning he should go to the Alexandra Park meeting, and bet on the good things that Bob Wyatt might tell him of—when he came back he said he had done a very good thing; he said he had become acquainted with a great commission agent by means of this Bob Wyatt, that he was a very nice man, and he would tell him of any good thing that he might hear of—the prisoner told me that they had a good thing coming off at the City and Suburban meeting, a sort of made-up race, that the commission agent knew the horse that was sure to win, and he said he should borrow a lot of money to put on it—I gave him a 5l. note to put on it—he came back and said that the 5l. was lost, but that the commission agent had backed me on another 30l. to 10l., and that it had won—he said I should have to deposit 10l. at the Victoria Club, in Wellington Street, to get the 30l. I had won, and then I should receive 40l.—I got the 10l., and went to the Victoria Club with it; outside the club I met the commission agent; the prisoner introduced him to me as the commission agent, and I handed him the 10l.—he went into the club with it—he said he was going in to draw the money—he returned, and said, in the prisoner's presence, that Steele, the bookmaker, was indisposed, and we should not be able to get our money that day—we parted, and I went home—next day I received a telegram; I have not got it, I think I done away with it—it paid he would take me 300 to 30 on Thora for the Thousand Guineas; that he had made use of the 30l. that I had won, and made the bet with it—upon that I went to Newmarket to see the Thousand Guineas run—I there saw Lane and the commission agent—the agent said that it was a wonderfully good horse, and it could not possibly be beaten, and upon that I gave him 20l. more—I saw the race—the horse did not win—soon after that I met the commission agent at another meeting; I invested some more money through him, and lost it—during the Derby week I met Lane and the commission agent again—they said they had a good thing coming off at Epsom, a good made-up race; the prisoner told me that in the other's presence—he said he was going to invest money in it that he had previously won, and borrow some more and put on this horse, and he asked me to get money and put on it, that it was sure to win—I got 150l., and put it on this horse—I lost it—soon after I met them again at Windsor—after the Hampton Races Lane called on me, on Sunday night, in town—he said that he had actually won me 300l. at the Hampton meeting; I had not invested anything at that race, they had taken it on themselves—he said I should have to deposit 200l. at the Victoria Club to realise the 300l.; I said "I shall not be able to get it to-morrow morning, but during the week I may be able to get it"—I spoke to Mrs. Hastings, the lady companion to Mrs. Chicheater, and I
received from her a cheque for 200l.—I cashed it at Drummond's, and got notes for it, and on the following Monday morning I took the notes, and met Lane at Hyde Park Corner by appointment; that was on 24th July—we drove together to the Victoria Club—on the way Lane produced two blue envelopes—he gave me one—he said "I have purchased these two envelopes as I thought it would be better to put our money in these, so as not to be handed about in the streets"—I put my money in one of them, and he put what he represented to be 10l. in the other—I did not look at the notes, and could not swear to the amounts—when we got to the Victoria Club we saw the commission agent there—we handed the money to him, and he went into the club with it; he said he was going to get the whole of the money—he came out again, and said the bookmaker was not in the club, but he had made it all right with the clerk—he said "We will drive to the Beaufort Club"—we did not find the bookmaker there—he said he had paid the 200l., and made it all right, and I should receive a cheque for the whole amount in two or three days—I never did receive the cheque—I received a telegram in the evening from the commission agent, in consequence of which I went down to Newmarket—I there saw Lane—we went together on to the course, and there saw the agent—he came out from the ring, and asked both of us if we would plunge with the whole of our money; he meant with the money I had previously won, and the 200l. I had handed over to him—I said "No, certainly not; you know as well as I do that I have the 200l. I borrowed to pay back to-day"—they would not listen to me—the commission agent made away to the ring; I begged him not to use my money—he afterwards came back, and said he had made use of all my money, and if the horse should win I should realise 1,700l.—he told me the name of the horse—I waited to see the race—the horse did not win—I asked the agent first if he could lend me 200l. to pay back that which I owed—I asked him afterwards if he would lend me 250l.—he promised that he would—he did not—I went back to town—next morning I received a letter from him—I showed it to Mrs. Hastings—the 250l. was not in it—I had no further communication from him—I received a letter from the prisoner stating that he had seen the agent, and I would most likely get my money—I had asked the prisoner when we were coming from Newmarket, if he should see the commission agent, to write me a letter to show to Mrs. Hastings to atisfy her that she might get her money back—after that I heard no more about the money from either of them—shortly after I gave information to the police—I parted with my money because I had great confidence in him—he told me he had become acquainted with this commission agent—I thought it was perfectly true, and I had great confidence that the man he introduced to me was Bob Wyatt, and that he had got at the commission agent through him—I deposited the 200l. because I quite thought I was going to realise the 300l.—I thought I should get it back.
Cross-examined. I don't remember the date when I first met the prisoner at the Pavilion—I had done a little betting before that—I went there for the purpose of betting; it is an assembly of betting men—I backed Western on the City and Suburban before meeting the prisoner, on two occasions; I did not win—I don't remember backing any other horse except on the prisoner's representations; he advised me occasionally;
I did not always take his advice—I don't remember his telling me that he had made a mistake as to Bob Wyatt, that he had been wrongly informed, and that it was his brother—I never gave the prisoner any money but the 5l.; I handed over the money to the agent—at Newmarket the agent asked both the prisoner and I to plunge—the prisoner did not urge the agent not to put my money on—before the Magistrate I produced the letter I got from the commission agent to show to Mrs. Hastings; I have not seen it since; I did not dictate the terms of that letter—I was supposed to have won on two occasions—the prisoner said he had heard of all these good things from the commission agent, and he induced me to make these bets by those representations—I had won previously to knowing the prisoner; I did better than when I acted on his suggestion—this is the letter I received from the agent. (Read: "I cannot advance you the 200l. If you could not pay the money you should not have backed.—Yours truly, R.W.B.") I never became acquainted with the agent's name; I never heard him called by any name—this is the cheque I cashed at Drummond's.
ROBERT WYATT . I am a jockey—I suppose I am known as Bob Wyatt—I do not know any other Wyatt—I live at Epsom—I do not know the prisoner; I never saw him to my knowledge till I saw him at Bow Street—I never promised to tell him or anybody else of any tips or good things on the turf—I have two brothers; they are not in any way connected with the turf; I should not think either of them have ever been on a racecourse in their lives.
Cross-examined. I rode at the last Epsom Spring meeting, I have done so at every meeting there for the last 10 years.
CATHERINE HASTINGS . I am a widow, and live with Mrs. Chichester at 40, Cadogan Place—on Sunday evening, 10th June, Tyrrell made a representation to me, in consequence of which, about a week afterwards, I borrowed 200l. of Mrs. Chichester; she wrote me this cheque for the amount on Drummond's, and I gave it to Tyrrell in an envelope with a letter—he brought me back 100l. in 20l. notes and 100l. in 10l. notes—Mrs. Chichester took the numbers, and I returned them to Tyrrell.
Cross-examined. I counted the notes when I received them and when I returned them—Tyrrell showed me two letters, one stating that they would lend him 250l., and another declining to do so.
Re-examined: The letter produced is the second one—he had had the 200l. and lost it before I saw the first letter.
PERCY CHARLES RUSH . I am a cashier in Messrs. Drummond's bank—I cashed this 200l. cheque of Mrs. Chichester's on 2nd July, 1881, And gave for it five 20l. notes, Nos. 92496 to 92500, and ten 10l. notes, Nos. 8786 to 8795—I could not recognise the person to whom I paid them.
CHARLES HERBERT WHICHER . I am a clerk in the Bank of England—on 4th July these five 20l. notes, Nos. 92496 to 92500, were presented to me, and I gave in exchange for them ten 5l. notes, Nos. 87224 to 87233 and 50l. in gold—the note 92500 is endorsed "C. Lee, 14, Buckingham Gate;" that was not made in my presence, it was on it when presented to me.
WILLIAM HENRY HOLLIS . I keep the Fishmongers' Hall Tavern, Brighton—on 9th July I saw the prisoner there with two others—he called for refreshment, and tendered in payment a 5l. note—I did not take the number of it—I changed it at the Brighton branch of the London and County Bank that same day for silver.
Cross-examined. This is the first time I have been examined—the prisoner was in my bar an hour or two hours—to the best of my belief he presented the note, but I could not be positive; it was one of the three—that was the first time I had seen him.
HENRY ASHWELL (Policeman B 7). I know the prisoner from having references as to his character as a cabman in May, 1879, when he applied for a licence—this (produced) is the requisition he sent in, and this is my report attached—it is signed by him in the name of "William Lane;"I asked him if it was his signature; he said it was.
Cross-examined. The licence was granted on my report, which was satisfactory—he had had a previous hackney carriage licence, he said, the whole of this page was his writing—his character was found to be good.
JOHN MAGUIRE (Policeman L 87). On 6th August the prisoner was given into my custody in Kennington Road by the prosecutor, charged with stealing 200l. by means of a trick—he said, "About 4th July I went to where Tyrrell lives; I said to him, 'I have made a bet for you, and won 300l., but before receiving it you will have to deposit 200l.; our friend the commission agent will get the money;'next day we drove in a hansom cab from Hyde Park Corner to the Strand; in the cab I gave Tyrrell 100l. in a blue envelope; he put his in another blue envelope; we got out at the Strand, where we met the commission agent. Tyrrell gave him the two envelopes containing the money; he went towards the Victoria Club, and returned in a few minutes and said, 'The bookmaker is not there, but it is all right; I shall send you a cheque for the money.' I afterwards saw Tyrrell and the commission agent at Newmarket; Tyrrell asked him for the money; he said, 'I know a good thing, you had better plunge on that horse. Tyrrell said, 'No, I have borrowed the money; 'we afterwards went towards the betting circle. If it is a swindle, as I now believe it to be, I am as much duped as what Tyrrell is"—Tyrrell was present at the time he said this.
Cross-examined. They came together to the station—some of this statement was made to the inspector; I have a note of it in my pocket-book (producing it)—Tyrrell said the statement was nearly true.
BLANCHARD WONTNER . I am a member of the firm of Wontner and Sons, and am acting as agent to the Treasury in this case—I was present at the police-court when the prisoner was under charge—as the Magistrate was about to adjourn I said that the only witnesses I had to call were formal witnesses from the banks—the prisoner then said, "I don't want any witnesses called from the bank at all; I admit that I took the note to the bank and changed it"—that was relative to the note changed at the Bank of England—I have compared the signature of "C. Lee" on that note with the signature of "Lane" on this licence; to the best of my belief they are the same handwriting, and the "14 "also.
Cross-examined. The prisoner's statement referred not only to the note with "C. Lee" on it, but to the whole lot, they were changed at the same time—this is not my first appearance as an expert in handwriting; I have to a certain extent made it a study; I have studied it with Mr. Chabot—before the Magistrate we knew nothing about the 5l. note changed at Brighton.
Cross-examined. I think No. 7 is the highest number.
The Prisoner's Statement before the Magistrate was to the same effect as that made to the officer, that he, as well as the prosecutor, was a dupe of the commission agent.
He received a good character.
GUILTY .— Four Months' Hard Labour.
OLD COURT.—Saturday and Monday, September 17th and 19th, 1881.
Before Mr. Recorder.
Other Counts charging him as an agent, and varying the form of charge.
MESSRS. BESLEY and TICKELL Prosecuted; EDWARD CLARKE, Q.C., with
MESSRS. MONTAGU WILLIAMS and MCCULLOCH Defended.
ANN WHITMORE . I live at Dane Hill Lodge, Uckfield, Sussex—in 1878 I knew the prisoner; he told me that he was a mortgage broker—prior to February, 1878, I had some bonds, which I had pledged with a loan office in order to make a payment which I had promised—I had a conversation with the prisoner as to getting them from the office—ultimately I paid the money to him, and he redeemed them and brought them to me—he asked what I was going to do with them; I said to take them home and take care of them—he said "I wish you would lend them to me; they would be of the greatest service to me; I have had a very heavy loss, and you will do me a great service if you will allow me to make use of them"—I said "Can I do so with safety to myself? I cannot afford to lose the money, nor can I give it to you"—he said "You know very well that I am worth a great deal more than 2,000l.; I think you will be very badly used; I can make it better for you"—he said he wanted to be allowed to borrow money on them—he wrote me this letter, marked "A." (Read: "28, Budge Row, Cannon Street, February 6th, 1878. Dear Madam, I beg to acknowledge the receipt of the following bonds, left with me by you for the purpose of raising money on them, to invest on your behalf in such funds as I deem safe, and I hereby undertake to return the said bonds to you or your nominee at six months' notice; but it is to be understood that I am to be responsible to you for any loss, should it occur, except by depreciation of the said bonds." (A list of the bonds was added, and then the words, "I have read the above and agree to it"—I wrote those words under his signature at his request, and after that I gave him the bonds, and he placed them in a safe at his office, where this conversation took place—when I got home, on reading the letter again I was somewhat dissatisfied, and I wrote him a letter—I received this letter from him dated 10th February, 1878, but this has no reference to the case—I received this letter, marked "B," from him, dated 8th March, 1878. (Read: "Dear Madam, I have sent to-day to Mr. Pilgrim about the security you left with me. I am perfectly willing to sign any document for
your protection, and put it in any legal form, and am willing to pay not less than 10 per cent., but I do not think it fair of yon to demand the securities back at once. I should incur considerable loss if I disturbed the arrangement made, and I feel sure you do not wish me to suffer. I must therefore request you to instruct Mr. Pilgrim to draw an agreement in accordance with my arrangement of 6th February.") This agreement of 14th March, 1878, was prepared by Mr. Pilgrim, my solicitor, on that day—I was with Mr. Pilgrim and the prisoner at the prisoner's office, and he and I there signed it (This was an agreement to return the bonds on receiving six months' notice, and to pay interest for the accommodation)—directly after that agreement was signed Mr. Pilgrim advised me to give notice, and a written notice was given to the defendant, and he wrote this letter ("D") at the time (This was an acknowledgment of receiving the notice)—we had a conversation about interest—I said I would not take more than five per cent., but 'I would take less—at this time I think he said he had borrowed rather more than 700l. on my securities—we said we would not take his statement that he had borrowed rather more, we would have a definite sum named, and I said to Mr. Pilgrim "Gall it 600l., and reckon: that at five percent., "and he did on 14th March pay me 7l. 10s. interest, the same day as the agree-ment—I don't remember receiving any other payment of interest—I had some dividends paid me, which I received through his hands—I have received back the Atlantic and Great Western bonds, but only those—at that date I had no idea that he had sold some of the bonds—when the six months' notice was up it was arranged that he and his wife were to come down to Brighton and bring the bonds with him—he did not come, and next afternoon, Sunday, I went to see him—I told him I was very much astonished that he had not been down, and that I had not heard from him, and also that a sum of money which he ought to have paid in to my bankers had not been paid in—I think at first he said he had paid it in—afterwards he seemed to hesitate; he said he was not sure whether he had or not; that he had that same day to pay in a very large sum some—where else, and in paying that he might have omitted the smaller sum—I spoke to him about the bonds; he said they were all safe—he did not say where they were—I made repeated efforts to get them back, personally and by letter—he never said he had sold them—about 26th July, 1879, I received a notice in bankruptcy—I first ascertained that the bonds had been sold the day I went to the Mansion House to take out a warrant—I put the matter in Mr. Bradley, my solicitor's hands—Mr. Pilgrim had ceased to act as my solicitor from the time I had the notice in bankruptcy, because he was acting for the defendant—after 26th July I retained Mr. Bradley.
Cross-examined. I had had the bonds at the Personal Advance Association not quite three months—I paid 10 per cent, interest—the prisoner got them for me, and then he said if I would let him have them to raise money on it would be of great advantage to him—I was kindly disposed towards him, and thought I could do him a service in that way—I thought he would borrow money on them, and lend it out on mortgage—bills of Bale were never mentioned—he told me he was a mortgage broker, and he always had security for all advances he made on real property—in his letter he says, "I am to be responsible for any loss, should it occur, except by the depreciation of the bonds"—that was what I did not understand; that was why I objected to the agreement of 6th February, and
also to another statement in it that he was to raise money on my behalf; that was the reason I wished another drawn up—I signed the agreement of 6th February as agreeing to it—I did not make any objection at that time because I had not read it—I wrote the words at his dictation—I had an idea of what it contained, because as he wrote it he told me what he wrote: he uttered the words—in that way I had become acquainted with the contents of the document—I made no objection, because I had not weighed and considered it; I understood it, as I thought—I think I found out my objection the next day, and I wrote to him—I think I wrote a letter previous to the one dated 10th February—I think I wrote the very next day—I wished Mr. Pilgrim to draw up a draft arrangement—I objected to the words that the money raised was to be invested on my behalf—it was not to be raised on my behalf, but on his own—by the new agreement of 14th March 30l. a year was not settled as the interest I was to receive; it was never my intention to lend it to him for a year—7l. 10s. was to be paid to me on dates mentioned; that was only a temporary arrangement—I don't know how much I received since 14th March; I have not any of the papers—I handed them all to my solicitor—I have simply had back the coupons of some of the bonds—I think it was 7l. 10s. on 14th March—when I handed the papers to my solicitor I gave him an account of all I had received—I wrote to the prisoner from time to time for the dividends as they came due: the coupons—I received a cheque for 35l. which was dishonoured—I could not prove that the bonds had been sold until the day I applied at the Mansion House, I had a suspicion—I can't give the date of that suspicion; it was not so early as October '78 I think it was in the spring of '79—during November and December '79 I was in communication by letter with Mr. Anstruther and with his wife with regard to the repayment of these moneys—I think the lever you refer to relates to the repayment of the 85l. on a promissory note which I had to pay to Mr. Palmer; that has nothing to do with this matter—between December '78 and June or July '79 I had been taking steps to recover payment—I put it into the hands of Mr. Pilgrim to recover my bonds after the expiration of the notice—as soon as I knew the prisoner had sold them wrongfully I went with Mr. Bradley to the Mansion House and asked for a warrant against him—I can't give the date—the case was adjourned; I was not present then—the case was said to be settled—I came to no agreement whatever until I was put in the box at the Mansion House—Alderman Lusk asked me if I was willing to withdraw the prosecution on the understanding that Mrs. Anstruther would make good all the moneys and securities due to me—I asked if I might be allowed to do so, and the Alderman told me that, taking all the facts into consideration, as Mrs. Anstruther was willing to make good the moneys and securities due to me, if I thought proper I could do so—upon that I did withdraw—I had not been present before that at an interview between the solicitors; I went to my solicitors in company with Mrs. Anstruther, but I was not present at any interview, because Mr. Bradley Dut me into another room with his wife—no sum was mentioned to me—the Alderman told me that deeds belonging to Mrs. Anstruther's separate use were lodged at Hoare's bank in the joint names of my solicitor and hers—Mr. Bradley asked me how much I thought they had to pay me, and I reckoned it up with him, and as near as I could make it it was about 800l—I have not got any such account; Mr. Bradley made it up at his office—Mr. Bradley said they had agreed to pay his costs—I don t
know how much that was—they never offered me a smaller sum—Mr. Anstruther came to thank me for withdrawing from the prosecution, and asked me to give him as long a time as I could for repayment; Mrs. Anstruther did not come to see me after the case was over—I have never seen her since, except in Court—nothing was said on those occasions about the amount—I brought an action against Mrs. Anstruther in in the Court of Chancery, because the three months had expired on which they had promised to pay the money, and they had not paid it, and they objected to pay, and Mr. Bradley told me that was the only course to make them—at the time the agreement was made no special sum was mentioned—as we went to the Mansion House that morning Mr. Bradley asked me what I thought my loss was, and I told him I thought about 1,000l., but no sum was mentioned as regards the Anstruthers; they promised to pay in three months, and as they did not I brought the action in Chancery—I was examined as a witness in that action, and stated that Mr. Anstruther was indebted to me 800l. at the date of the agreement—I believe Mrs. Anstruther'a deeds are still in the bank, in the joint names of my solicitor and hers, but I have no control over them—I have derived no benefit from them.
Re-examined. After failing in both Courts I laid the facts before Alderman Lusk, and got another warrant for Mr. Anstruther's arrest—I had two objections to the letters of 6th February; the first was as to the money being invested on my behalf, and secondly as to being responsible for no loss except for depreciation; I did not understand that, and therefore asked my solicitor to draw up another agreement—the arrangement about Mrs. Anstruther's deeds being deposited did not emanate from me, the overtures were made to me by Mrs. Anstruther and her son-in-law, Mr. Riley, a solicitor; they came down to our house in Sussex—that was after Mr. Anstruther was in custody on the warrant, but before I knew of it—this property was not my entire fortune—its recovery was a matter of importance to me—I told him in the first instance I could not afford to lose the money.
GEORGE ROBRET PILGRIM . I am a solicitor—I have the bill of exchange, the cheque, and the account; the account was made by Miss Whitmore, and handed to me; I have not the least reason to suspect it is incorrect—part of the 55l. is the result of a dishonoured cheque; it is only a payment of 20l. in reality—it is impossible for me to say whether that would, with the other payments of 25l. and 35l., make up the 80l. for the acceptance; I believe it is so—in the account it is "Cash on account of promissory note 35l.;"it is, in fact, a bill of exchange for 80l., drawn by Mr. Anstruther upon, and accepted by, Miss "Whitmore, for which she was liable, and she has paid it—it has nothing to do with this matter—all that Miss Whitmore has had is 7l. 10s. coupons, and 7l. payment—I have heard her evidence with regard to the matter that was put in writing by herself, and I do not differ from her statement—I ceased to be her solicitor, as far as Anstruther's matter was concerned, in May, 1879; I did not act for her after that—I acted for Anstruther in his bankruptcy in July—I gave up Miss "Whitanore's papers to her on 19th May—I was not called as a witness in the proceedings before Mr. Justice Fry—I was present when he delivered judgment—the failure took place on the ground raised by Mr. Justice Fry himself, that the agreement was against public policy—I only acted for Anstruther in the
proceedings for the petition for liquidation, and in the bankruptcy—I did not act for him in September, 1879; I know nothing about it.
FREDERICK BRADLEY . I am a solicitor—the statements in the defence put in by Anstruther, with reference to the action, are all incorrect as far as accounts are concerned—when he was taken into custody in the first instance, Mrs. Anstruther and Mr. Riley, her son-in-law, and Miss Whitmore came to me—I would not allow an interview with my client, and I sent her into another room with my wife—Mrs. Anstruther's deeds were deposited prior to going before the Mansion House; I insisted upon that being done—all the facts were mentioned to Mr. Alderman Lust—I don't think he made invitation to Miss Whitmore to withdraw; he simply said "You have heard what has taken place"—I think Mr. Wontner made the statement before Mr. Alderman Lusk on that occasion, and then he called Miss Whitmore into the box—there was no dispute as far as I was concerned about how much money should be paid—800l. was the amount—they refused to carry it out altogether, relying on the statute of frauds, that there had been no proper deposit of deeds, nothing in writing—Mr. Justice Fry found in favour of the defendant upon that—he took the objection himself, that it being a public matter of fraud and felony he was bound to take notice of it, and he dismissed the action without costs—it then went before the Court of Appeal, and Mr. Justice Fry's decision was followed upon the same ground; the remark of one of the learned judges was that the parties were placed in their original positions—I then got a second warrant from Mr. Alderman Lusk.
Cross-examined. The 800l. was first mentioned at the Mansion House—I think that was after the deeds had been deposited, I won't be sure—a different sum had been mentioned the night before—I said that if they were prepared to pay down 500l. at once I thought the matter could be settled, but I had not then seen my client as to the amount—she was in the house at the time—I took her into my morning-room—I then went back to Mrs. Anstruther and Mr. Riley in the dining-room, and the purport of what Mr. Riley said was that it was a very serious thing for Mrs. Anstruther, and asked whether I would consent to the charge being withdrawn upon her paying an amount of money—500l. was never asked—800l. was the only amount I asked—I might have said I thought the amount was about 500l., but I could not bind my client—Mrs. Anstruther did not say that 500l. was more than she could afford to pay—she might have said so; I can't say at this length of time—they went away, and next day Mr. Riley and Mrs. Anstruther called at my office—an arrangement was then made between us that the deeds should be lodged at Hoare's Bank in the names of my clerk and Mr. Riley.
Re-examined. No 500l., or any sum whatever, was offered to me, or paid—I tried to carry out the arrangement; I did not seek for it at all.
ERNEST DE KRETCHMAN . I am a clerk in the Imperial Bank, Lothbury—the defendant had an account at the South Kensington branch of that bank—it is a bank making returns to the Inland Revenue—this is a copy of his account—it has the signature of the present manager of the bank—the three letters produced are in the defendant's writing—these orders were acted upon through Mr. Jacks, the broker, and the entries
here are of the returns of the money to the bank by Mr. Jacks, and placed to the credit of the defendant's account. (These were orders to sell certain of the securities in question.)
Cross-examined. I have not a full account of Mr. Anstruther's account with the bank; I have had no request for it—I had the management of t—the bank made advances to him upon the deposit of these securities—my impression is that I first lent lent him about four-fifths of their value—I saw him from time to time; I was not dissatisfied with the security in the least—I made no objection to going on advancing money to him upon the deposit of the securities; they are such as were saleable at any moment—I believe I lent specific sums upon the separate bonds—I can't remember for certain how much I advanced on the bond which sold fox 5l., but I have no doubt there was a proper margin—I don't think I made any communication to him about selling it before I received the letter, but I can't remember—I never asked him to sell them; I say that lositively—when we have such securities lodged with us to make advances on, we take authority to sell in case the loans are not repaid—I have a regular form which he had to sign, giving me power to sell at my time—he had filled up such a form with respect to these documents—it is the regular custom of bankers to have such an authority; he could not get an advance without it.
Re-examined. If I found the margin running off I should call his Mention to the fact, and if he did not pay in sufficient to supply the a argin I should sell—I don't think I gave him any such notice—he only not possession on the 6th February, and was selling on the 7th—this (produced) is a certified copy of his account; refreshing my memory by hat I see that the 6th February, 1878, was the first possession of these particular securities—he had a loan of 70l. on the 7th, and on the 8th have instructions to sell—I should not think any margin had been running off between the 7th and 8th—the next advance was 100l. on the 12th, and on the 13th I find a sold note of 103l. to replace the 100l.—he next advanoe was on the 15th—on the 17th July, 1878, the account as closed; all but 44/. was drawn out in July, 1878.
By MR. CLARKE. I believe he was lending money on securities—I was not aware that it was on bills of sale—I was aware that that was what he was generally doing—he did not tell me afterwards that he fund bills of sale not such an absolute security as he had thought, and hat he had lost money by them—I did not go into details in connection with his business at all—the total of the account at the end of June, 878, was 4,600l.
FREDERICK WILLIAM JACKS . I am a clerk in the firm of Jacke, lodgson, and Jacks, stock and share brokers to the Imperial Bank—this our sold note of 13th February for 183l. 10s., and this is our sold note 19th February for 200l.—the 100l. Russian bond of 13th March was Old for 85l. 2s. 6d., and on the 2nd July there was a sale of 800 seruvians, 6 per cent.
HENRY ALFRED STAGEY . I am superintendent of records in the london Court of Bankruptcy—I produce a file of proceedings of July, 1879—on 26th July, 1879, the defendant presented his petition for quidation—it states that he owed 3,000l.—those proceedings fell brought, and there was then a petition for bankruptcy—he was adjudianted on 11th August, 1879—the statement of affairs discloses the assets
at nil; liabilities 3,862l.—he puts Miss Whitmore as a creditor for 480l.—the proceedings disclose a previous bankruptcy—I have not those; they are in the County Court of Berks.
ANN WHTTMORE (Re-examined). I cannot give the date of my first seeing Mr. Anstruther, without reference to the letters—I dare say it was within a few weeks of 6th February—I knew his sister and family, but not him personally—this letter of 24th January, 1878, is in his writing; I received this in answer to an advertisement that I inserted in the Times—it was after the receipt of this letter that I first saw him—I also received these two other letters of 29th and 30th January; they refer to the same securities, which I had in the hands of the Personal Advance Company (read)—this (produced) is the agreement that was prepared by my solicitor, and this is the promissory note and the dishonoured cheque.
By MR. CLARKE. This, is the cheque he gave me; it is signed H. J. Soden; he was Mr. Anstruther's solicitor at the time he took the securities; it is dated 1st October, 1878—in January, 1878, I was stopping at Brighton with some friends; I wanted to get my securities from the society, and I advertised for a loan, and in answer to that I received a communication from Mr. Anstruther among several others; he asked me in these letters to send him an authority to receive the bonds on payment of 500l.—it was supposed in the first instance that he was going to lend the money—I telegraphed to him not to trouble about the matter, I would come up on Monday and get it elsewhere, for this reason, he said there was not sufficient security—I did not get it elsewhere; it was money that was due to me; that was paid in, and therefore I had no need of the loan from him—I took the money, and the bonds were released—he handed them to me, and I handed them back to him—I had known his sister for a long time; I was not exactly on terms of friendship, but she was a near neighbour; it was a friendly acquaintance—I did not go to Mr. Anstruther's house before 6th February; I did afterwards two or three times—I went to see them and they came to see me from time to time.
ERNEST KIRETCHNER (Re-examined by MR. CLARKE). I have been unable to get the Stock and Share List of February, 1878—I cannot say that I remember that the early part of February, 1878, was a time of great excitement with regard to Russian stock, but I believe after the order came to hand the securities went down, about the summer when the security was sold; when the security recovered to 85 it was realised.
By MR. BESLEY. The advance on the Russian bond was 70l.—the bank did not require the order to sell.
MR. CLARKE submitted that there was no case to go to the Jury, either as to the direction in writing or as to agency. MR. BESLEY contended that both those allegations were supported by the evidence. The RECORDER was of opinion that there was evidence of a direction in writing, although he would if necessary reserve that; but the main question was one of fact for the Jury, whether they were of opinion upon the evidence that the defendant acted in this transaction as agent for the prosecutrix. Cases referred to: Rig. v. Tatloek, Sessions Paper, Vol. LXXXII. p. 418; Peg. v. Christian, 12 Cox's Criminal Cases, p. 502; Reg. v. Fullagar, 12 Cox and Reg, v. Basil and Colliver, Sessions Paper, Vol. XC, p. 860.
The prisoner received a good character.
NOT GUILTY .
MR. WILMOT Prosecuted.
EDMUND DODGSHON . I am proprietor of a journal—I lodge at 89, Doughty Street, Mecklenburgh Square—on Saturday, 10th September, about a quarter to 1 in the morning, on returning home, I found a policeman standing on the doorstep—he said my window was open; it had been left open—I went in and shut the door, and the policeman went away—I had not been in my room more more than half a minute when two suspicious-looking characters passed the window; the prisoner was one of them—I bad no light in my room and the blind was up; it is on the ground floor—they leant over the area railings and looked into the room—they could not see me—I watched them—the prisoner came in between the area railings and the door, where I could not see him—I went to the door and listened; I could not hear anything, and came back to the window—I could not see anything and went back to the door—I heard a sound as if some one was getting over the area railings; I opened the door and found the prisoner with his right foot on my window sill and his left foot on the area railings, and his hands were on the window sill—I can't say that I saw any part of him in the room; he was sticking to the window like a fly to a pane of glass—I caught hold of his left leg—he looked round and said "Does Mr. George Dobson live here?"—I said "What do you want? I want you"—I held his leg and called "Police! help!"—after holdidg him for a moment he said; "Here, guv'nor, give me a hand back; I shall fall down and break my neck"—I could have precipitated him into the area, but I gave him a hand back and held his left arm—he then struck at me very violently and kicked me in the testicles—a cabman came to my assistance and the prisoner struck him as well—he was ultimately given into custody.
Cross-examined by the Prisoner. I did not catch you by the throat and nearly choke you—the window was wide open—I always sleep with it open.
There being no actual entry of the dwelling-house, the prisoner was acquitted.
JOHN LYNCH . I am a cabman, of 48, Kenton Street, Brunswick Square—as I was passing with my cab I heard the cry of police, and saw the prosecutor in the act of dragging the prisoner off the railings—I got off my cab seeing that the' prosecutor was exhausted, and collared the prisoner—he kicked the prosecutor in the groin, and dealt me a heavy blow at the aide of the head—I think he must have had something in his hand, for I have felt the effects of the blow ever since—I knocked him down.
Prisoner's Defence. He struck me on the nose and made it bleed while the prosecutor had hold of me, and I lay on the ground till the police-man came up.
GUILTY .— Six Months' Hard Labour.
NEW COURT.—Saturday, September 17th, 1881.
Before Mr. Common Serjeant.
810. JOSEPH OLLANDER (23), ADOLPH OLLANDER (28), SAMUEL ROBENOWITZ (33), and ISRAEL KOLATSKI (22) , Unlawfully inciting William Helsby and John Jones to steal certain skins, the goods of George Rice and another, their masters.
MESSRS. MONTAGU WILLIAMS and PURCELL Prosecuted; MR. FRITH appeared for Joseph Ollander and Kolatski; MR. LEVEY for Adolph Ollander; and MR. COLE for Robenowitz.
WILLIAM HELSBY . I live at 46, Little Abbey Street, Bermondsey, and am in the service of George Rice and another, fur and skin merchants, of 32, Great Prescott Street—I have known the two Ollanders three or four years—I was in the same employ as Adolph three and a half years ago, but I did not know Joseph then—on 20th August I was outside Messrs. Rice's factory talking to Jones, a fellow workman, and Adolph came up and asked me to have a glass of ale with him at the top of Great Prescott Street—I said "Very well," and then he met Robenowitz, shook hands with him, and asked how he was getting on; and then he said to me "Here is my friend Robenowitz, who will make business with you"—Robenowitz asked Adolph for some money and then called for some drink, and said to me "I shall see you outside the factory at 7 o'clock on Monday night"—nothing had been said about the factory—Robenowitz asked me to come home with him and I did so, and he said "Will you have some dinner? I know young chaps can eat dinners; young chaps can eat a good deal; have a bit of dinner"—I had some, and he went out and came back with Kolatski, and said "Now then, if you want to make business with me, we are private, nobody can hear us; have you got anything?"—I said "I don't properly understand you; what do you mean?"—he 'said "Well, I buy anything in the fur way, but nothing in the cloth way; you need not be frightened, if you fetch the skins to me they will be cut up in half an hour and made into caps the next morning and lined, and it would puzzle anybody to know their own skins; have you got anything at home?"—I said "I have only a few rubbish skins, which have come from the factory, and are not much good"—he said "Anything will do so long as it has got hair on it and it is dyed dark brown. Here is 5l. advance if you want it"—I said that I did not want it—he said "Well you fetch me the skins, and you can have 5l. in a minute, me and Kolatski will come for those skins and bring a bag"—he asked his wife for some money, which she gave him—he put it in his pocket and came out with me, and we took a cab to my house, but got out at the Elephant and Castle on the way, and then walked to 32, Ash Street, New Kent Road, where my uncle lives—he was not in—I waited there some time with Robenowitz and Kolatski, and then we returned to Whitechapel Road—Robenowitz said "I will see you on Monday night; you fetch the skins down to me"—I said "I can't get skins without nicking of them"—Robenowitz said "Well, nick them, that is just what I mean, and meet me on Monday night or come to my house"—we had several "drinks" with them, and I spent the remainder of the afternoon with them and left them in the Commercial Road—that was August 20th, and on Monday morning, August 22nd, I told the governor about it the
first thing; and that night, as I saw no one waiting outside the factory for me, I saw. Joseph Ollander at his house, and asked him whether Adolph was in—he said "He is out in the City, he has not come home yet"—I went in and he sent out for some drink—Jones was with, me all the evening—Joseph said "You see we are not very busy in our line, we just barely get enough for a living"—it is a skindresser's. shop—we stopped till Adolph came in, and I said I came round to see Robenowitz about the skins—Joseph said "Don't take the skins round to Robenowitz, he will want them on trust, we will pay you ready money for them"—I said "Very well, but I want to see him very particular"—he said "Never mind about him"—we all went out to a public-house at the corner of Greenfield Street, and Adolph said "You go inside, Joseph, and pay for the drink for these chaps, and I will stand outsider"—Joseph, and I and Jones went in, and when we came out Jones was talking to Adolph some time, and I and Joseph walked up and down the street, and he said "You can get me skins; Samuel wants them on trust; fetch them down, here is your money; I am always prepared"—I said "I can't get the skins without nicking of them"—he said "Well, that is what I want you to do, nick them; don't take too much put of the factory at one time; one. or two skins every night; we are not frightened, as soon as you get them out of your hands we are all right"—I said "Very well, then meet me on Tower Hill on Thursday night at 7.30"—we left them, and after they got out of sight I called at Robenowitz's house and saw his wife, but he was not at home—I went home, and next day told my governor all about it, and in consequence of a conversation with him I went on Tuesday evening with Jones to Greenfield Street and met Kolatski at the corner by the public-house—he said "Well, have you got any skins?"—I said "No, I have not; I can't get them without nicking them"—he said "Well, of course, nick them, that is what we mean"—I said "I want to see Samuel Robenowitz"—he said "I will take you round to Myrtle Street"—No. 29 I believe it was—he took me there, knocked at the door, Robenowitz came down and showed us up to his workshop—we afterwards went to a public-house, and Robenowitz paid for some drink, and said "Have you got anything?"—I said "You know I can't get anything without nicking them"—he said "Of course, nick them then"—Jones was there all the time—Kolatski was there—I told them I should meet them on Thursday night—on Wednesday morning I spoke to my master again, and on Thursday the 25th I left the factory at 7 o'clock with Jones, and went to Tower Hill, when Joseph Ollander was waiting with a sack under his arm—he said "Well, have you got the skins, Bill?"—I said "No, but I have got them, all ready to fetch out of the factory, but I could not get them out, there were so many upstairs, and I took them down to Jones, and gave them to him"—I then said to Jones "Why did not you fetch them out?"—Jones said "You know very well I could not fetch them out when there were three men working late"—Joseph said "Well then, fetch them out tomorrow night"—we went to a public-house, and Joseph paid for some drink, and said "Will you fetch the skins by to-morrow night, and I shall be here all ready prepared for it?"—he showed me a purse of gold, and said "At 7.30 to-morrow night see me"—he also said "How many hands have you got at work at the factory?"—I said "Over 50 or
60"—he said "Very well, that will do fine; they won't have great suspicion on you, your father being the foreman dyer"—I said "Well, then, how are we going on for money; we have got a long way to go?"—he gave me 2s., and said "I am not frightened to trust you"—we then left him, and went to Robenowitz's house, and at the corner of Greenfield Street we met Kolatski, who called me into a public-house and gave us a drink of ale, and said "Well, have you got the skins"—I said "No, I have not; I have got them all ready for fetching out of the factory; I made a parcel of them, and rolled them up in a nice bit of brown paper, and gave them to Jones to fetch out, as I had no opportunity of fetching them out"—Jones said "Well, how could I fetch them out when there were three men at work"—I said "You can depend upon them to-morrow night"—he pulled out a purse of gold, and said "I am all ready prepared for it; I am just the same as Samuels," meaning Robenowitz—I said "Well, I want to go round see Robenowitz"—he said "Well, I am just the same; you need not go round to see him"—I said "Yes, but how do I know it is right? I want to see him first"—he said "Very well then, I shall take you round to Robenowitz"—he took me to Robenowitz at his workshop, who said "Well, have you got the skins?"—I repeated what I had said before, and so did Jones—Robenowitz said "Well, then, can you fetch them to-morrow night?"—Kolatski said "You can leave your mate with the parcel in any coffee-shop, and come round to our workshop and fetch us round to the coffee-shop, and we will make business there"—I said "Yes"—Robenowitz said "You can have any amount of money as long as you have got the goods for it"—we all four went out with Goldsteen, who keeps the house, and went to a public-house, where Kolatski treated us, and said that he was all ready prepared, and he said "Well, do you want any money?"—I said "Well, I could do with some"—he said "How much do you want?"—I said "Half a sovereign"—he said "I can't trust you with half a sovereign," and gave me 6s.—I gave it to Mr. Rice next morning with the 2s. I received from Joseph—I then went to the Thames Police-court—I afterwards received a parcel from my master with certain instructions, and went with it with Jones to Tower Hill according to the appointment, and met Joseph Ollander, who said "Have you got them?"—I said "Yes, I have got the parcel, there are the skins in it"—he said "Come in and have a drop of ale"—I sat down in the public-house, and he said "You see seals are Very cheap now; how much do you want for them?"—I said "Well, say what you like, say what you give for them"—he said "Well, I will give you 2l. for them"—he had not opened the paper, but he felt them, and said "They are nice and soft"—I said •' That won't do, 2l. is not enough, give us 2l. 10s.?"—he said "All right then, I will give you 2l. 10s."—we came out, and he took us round by Tower Hill, and said "Now then, here is the money," and took the parcel—I counted it, and there was only 1l. 16s. 1d.—I said "Hold on, you are not off yet"—he said "Well, there may be a few shillings short; I will give you that to-morrow at dinner time, good night"—we followed him some distance, and saw him in custody.
Cross-examined by MR. FRITH. I have been about two months in Mr. Rice's employment—I had known Joseph Ollander about eight months, but he was not a friend of mine or a confidant—Mr. Rice is a good master, and I was very indignant when I was asked to rob him—I said "Well,
I don't properly understand you"—I knew from the beginning that it was a suggestion to rob my master—I said that I could not get them without nicking them—nick means "steal" in the thieves-expression—after that conversation I went and had a dinner at their expense—I was outraged and indignant then—I drank at their expense, being indignant all the time—I did not know what they were going to propose when I had the dinner—it was after the dinner that I spoke about nicking—I had no rubbish skins at home; that was a lie, and I took them home to get Jones as a witness to their conversation—I was asked five or six times to nick these skins—I was not pressed for money; my wages were 25s. a week—they offered me 5l. before I had taken a single skin, and having the chance of getting it I refused it—I would not even take part of it—I did not leave their company when they made the proposal, because I thought such fellows ought to be found out—I have no one here to corroborate what I say, except Jones.
Cross-examined by MR. LEVKY. These negotiations occupied from Saturday till about Friday, and I had interviews with some of the prisoners on four or five days—they gave me a good deal of drink—I am not exactly a sober young man, nor yet a drunkard—I may have told them a great many lies—I had not got the skins tied up ready to take down, but the governor had got them—it was a lie that three men were working there—I should like the Jury to believe that I am a truth-telling young man—I have always been honest—I worked before this at Selwin and Mear's, seal-skin dyers, of Denmark Street—the Ollanders both worked there, but I worked in a different compartment—this dinner was on Saturday, 20th August—Adolph was not there, I did not see him—on the Thursday or Friday I only had two interviews with him.
By the COURT. I first heard the word nicking at the dinner, but I had heard people say so before.
Cross-examined by MR. COLE. I first saw Robenowitz on 20th August—I met him at the top of Great Prescott Street, where our place is—my age was 20 last December—I have worked at five other places—I was discharged from two through slackness of work, and I left two or three to better myself—I never had any complaint against me, nor did I ever steal anything from any of my employers—that is as true as everything else I have said—what I said about the rubbish skins was a lie—I do not live with my uncle; that was another lie—I took Kolatski and Robenowitz to my uncle's for him to hear the conversation—I told them I had the skins at my uncle's, but I had not—my uncle is not here, or any one from 32, Ash Street—we saw his wife and stopped there a quarter of an hour or 20 minutes—Robenowitz went with me to my uncle's on one or two occasions to fetch the skins, that was on 20th August—I did not give them my uncle's address, but they took it, and my aunt told them the name—I do not know who wrote it down—I only went once to Robenowitz's, when he was not at home, and once with him—Jones did not take any sealskins downstairs to my knowledge—there were four men working downstairs with Jones—I cannot give you their names—they are not here—they worked till 9 o'clock that night.
Re-examined. I mentioned to Robenowitz and Kolatski the name of the street where my uncle lived before we left the house where the conversation was, but did not see either of them write it down—I received no money from either of the men before I spoke to my master, and I
handed him all the money I received—I never had any chance of getting the 5l. it was talked about, but I did not get it.
JOHN JONES . I live at 17, Minter Street, Bermondsey, and am a dyer in the prosecutor's service—before I went there I knew the two Ollanders by working at Selwin and Mear's—I was there while Helsby was there——on Saturday, 20th August, I left work at 2.80, before Helsby—that is the usual time, and Adolph Ollander was waiting for me on the other side of the road—he shook hands with me and said "How are you getting on?"—I said "All right"—he said "Is Helsby in?"—I said "Yes, he will be out in a minute"—Helsby came to the door, I called him, and Adolph asked him how he was getting on, and said "I want to speak to you something very particular"—I said "Come on, Bill, you can come back in a minute or two," wanting Helsby to come with me, but Adolph said "Come on, we ain't got no time to spare"—Helsby and Adolph then went into Prescott Street, and I saw no more of them—I met Helsby next day, Sunday, and we had a conversation, in consequence of which I went with him on Monday to Adolph's workshop, 44, Plummer Row—he knocked at the door; nobody was in, but Joseph came out of No. 46, shook hands, and asked us into the workshop—we went in, and asked him where his brother was; he said "In the City"—after a little time Adolph came in, and we all had some beer in the workshop, after which Joseph said "We can't get a fair living out of our little dressing shop, and we are obliged to do something else; it is hardly enough to keep our wives and children"—we went out into Greenfield Street, and Helsby and Joseph walked up and down speaking together, while I stood with Adolph, who said "I cannot get a fair living in the little dressing shop of ours; how is work getting on?"—I said "All right"—he said "I am very glad to think you have got into a good shop"—I said "I have, and I mean to keep it"—I afterwards saw Helsby and Joseph coming up Greenfield Street; we all joined and went into a public-house, came out, and parted—we waited till they were out of sight, and then went to Robenowitz's house, but he was out, and we went home—on the Tuesday night I went with Helsby to the corner of Greenfield Street and met Kolatski by appointment with Helsby—I had not seen him before—we went into a public-house; Kolatski paid for some drink—I said "Have you any skins?" Helsby said "No"—he said "I am ready with pay for everything," and pulled out a purse, opened it, put two fingers in, and I saw some gold in it—he said "Here is the money," but he did not offer me any—we then went to the workshop, 27, Myrtle Street; Robenowitz opened the door, and we all went upstairs with the man who keeps the house—we all five then went to Webb's public-house in Whitechapel Road—Robenowitz spoke to Helsby going along, but I could not hear what was said—Kolatski paid for some drink, and Robenowitz said, "Do not take too many skins out of one lot, because you do not know but they might have suspicion on you; take one or two out of each lot"—he asked me how many men were employed in the factory—I said "70 or 80"—he said, "Whatever you do be careful, and as soon as you get the skins out of the factory they are all right"—Kolatski could hear that, and he said, "You don't want to get drunk so that they shall not have suspicion on you at the shop; as soon as you get your money for the skins put it into a bank, and you can have a book or a piece of paper, which you like; you can leave the book at the bank if
yon like; as soon as we get the skins into the workshop in half an hour they are cut up, and nobody knows whose skins they are or where they came from; you know you don't want to be frightened, you will be all right, you can have money, 20l. or 30l."—I said "All right"—he said, "Whatever you do, before I would see you have five months in prison I had rather see 600l. in your pocket, and we will take the blame on ourselves"—we came out, and an appointment was made to meet again on Thursday night at the corner of Greenfield Street—I had a conversation with Mr. Rice next day, and on the Thursday Helsby and I went to Tower Hill at 7.30 and met Joseph—he shook hands with us and said, "Have you got the skins?"—Helsby said, "I took them down and gave them to Jones"—I said, "We have got them, but we have not got them with us"—he said, "You silly fool, why did not you bring them out?"—I said, "I could not, on account of two or three of the men working overtime"—we went to the Fountain in the Minories and had some ale, and he told me just the same about not getting a fair living out of the shop—I wanted to meet him at the Fountain, but he said, "No, there is a better house down here you can meet me at," and we went to the Nag's Head, where Joseph gave Helsby a two-shilling piece, and shook hands with him and said, "You need not be frightened; you can trust us, and I know that we can trust you"—he appointed to meet us there on Friday night to bring the skins—we left him, and found Kolatski at the corner of Greenfield Street—he said, "Have you got the skins?"—I said that we had not got them with us, but we had got them in the shop, and repeated to him about the men working overtime—we drank together, and Kolatski said, "It is just the same if you see me as seeing Samuels"—Helsby said, "I want to see Samuels to tell him something particular"—Kolatski then took us to 27, Myrtle Street, where we saw Robenowitz and the man who keeps the house—Robenowitz said, "Halloa, have you got the skins?"—we told him the same as we had told the others—he said, "Can't you go back and get them?"—I said, "No, the place is all shut up now"—Robenowitz told Helsby to leave me at the coffee-shop next day—he said, "All right, I will, and you come down and give one knock at the door, and then we will go down and settle up for the skins"—Kolatski was present, and we went and drank at his expense, and he gave me 6s. in advance and said, "As soon as you bring those skins there is your money; you can have your money directly," but he did not show me anything—he gave me two half-crowns and a shilling, and appointed to meet us at the coffee-shop—I saw Mr. Rice next morning and also the police-inspector, and on Friday night at 7.30 Helsby and I went to Tower Hill with a parcel Mr. Rice gave me, and met Joseph—he shook hands and said, "I am very glad you have brought them"—he wanted to take us right over Tower Hill to the Subway, but I would not go, and he took us to the Nag's Head again—I wanted to go to the Fountain, where Mr. Aberline the detective was—we went there, and he took the parcel and gave Helsby the money—he said, "You shall have 2l. 10s., "but there was a few shillings short of 2l.—I said, "Whatever you do, do not open the parcel here, as there are people about; as soon as you get home put it away"—he said, "Leave it alone to me, I know what to do better than you do"—we patted, and I met Mr. Rice and had a conversation with him, and afterwards saw the prisoners in custody.
Cross-examined by MR. FRITH. I was not examined at the police-court on the same day as Helsby—I was in Court while he gave his evidence, and heard every word he said—we did not go and drink together afterwards—what he stated was read over to him, but what I stated was not read over to me, but Mr. Wontner read it—I heard it read before I signed it—Helsby's deposition was read over to him before I gave my evidence, but not signed—I had an opportunity of hearing every word he said before I gave my evidence, and I also heard it read over, and I heard it read again at the Treasury—I made a statement at Mr. Wontner's office—Helsby was not there then—we have not talked the matter over since he gave his evidence; we have not mentioned the men's names; we have never compared notes as to when we were coming up here—I had a notice sent me, and I took the letter and showed it to him—I first understood on the Monday night that they wanted me to rob my master—I know nothing about the conversation on Saturday, or about 5l. being offered in advance—they made a proposition to Helsby to become a thief, and he told me; I was not very indignant—I had been about five weeks in Mr. Rice's employ; I was in Denmark Street before that, and before that at Mr. Wichelow's, but not at the same time as Helsby; I did not know that he worked there—I have known him five years—I was before at Peek and Frean's, the biscuit manufacturers'—I left my last situation to better myself; I have not been discharged from any situation, I left of my own accord—I am now getting 24s. a week; I have not had as much as that before—I have not been promised a reward or a rise; I am doing this for the benefit of my master and the people employed in the shop.
Cross-examined by MR. LEVEY. I first knew Adolph at Denmark Street—he left before I did to make a business for himself—I saw him on the Saturday; I had not then seen him for a month—I saw him again on Monday; I was waiting outside the factory for Helsby—Helsby told me that Ollander was coming to meet him there, and he did not come, and I went away with Helsby—I only saw Adolph on two occasions.
Cross-examined by MR. COLE. The first time I saw Robenowitz was Tuesday night, when Helsby took me round there—I had known the Ollanders six months or a little more—when we went to Tower Hill with the bundle only me and Helsby and Joseph were present—Mr. Rice made up the bundle and gave it to me—I was at Selwin and Mere's six months; Helsby was there with me—they missed a rare lot of skins; I was not accused of taking them—I was not discharged—the skins were lost about two or three months before I left—Mr. Rice put a piece of goat rug into the parcel—I was in the Fountain in the Minories with these men; that made five public-houses I went to with them; there is no one here from any of those public-houses that I know of—Mr. Rice has not missed anything during the five weeks I was in his employ.
GEORGE RICE . I am a dyer in partnership with Henry Potter, at 32 and 33, Great Prescott Street—I do not know any of the prisoners—Helsby and Jones are in my service—on Monday, 22nd August, Helsby made a communication to me directly I arrived—I did not see him on the Sunday—I made a communication to the police, and Jones and Helsby made communications to me each morning—they were acting under my instructions—on the Friday I made up a parcel of worthless goat skins in brown paper, gave it to Helsby and Jones, and they left together at a few minutes before 7—I received a florin from them on
Saturday, and 6s. on another occasion, and on Friday I received I 16s. 1d. from Helsby—we employ about 150 men—our stock is large and valuable.
Cross-examined by MR. FRITH. We have been losing stock for some time in an unaccountable manner—Helsby has been two months in our employ, perhaps three—I inquired as to his character and the way he came to leave other situations—I do not know that he has been discharged from any situation—he is the son of my foreman—I had a good character with him, but I relied mainly upon what his father told me—Jones had been with us about three weeks before this occurrence—I had a good character with him—we had not suggested any reward—we had not made known our loss, nor had we spoken to Helsby's a father or any one.
Cross-examined by MR. COLE. We have not lost 100l. worth of goods in the last two months.
Re-examined. Helsby's father has worked for us for several months, but I have known him for years—skins have been disappearing about two months—I have carried on the business there for 12 months—the loss may have occurred a month before we discovered the skins disappearing when we carried on business at a former place; we were in constant dread.
STEPHEN WHITE (Police Sergeant E). On 25th August, in consequence of information, I kept observation on Tower Hill, and saw Joseph Ollander there about 7.30 with a sack rolled up under his arm—Helsby and Jones met him, and I heard Joseph say "Have you got them?"—I walked away to keep out of observation, and then followed them to the Fountain public-house, Minories—I went into one compartment while they went into another—I remained about half an hour—they then went to the Nag's Head, Tower Hill, shook hands, and Helsby and Jones went through the Minories towards High Street, Whitechapel, and Joseph went away by himself—I followed Helsby and Jones to Greenfield Street—they met Kolatski outside the Duke of Clarence public-house, and went up Greenfield Street into the Bricklayers' Arms public-house; came out and went into Myrtle Street—they remained there about an hour and a half—Jones, Helsby, Kolatski, and Robenowitz, and the man who keeps the house came out, and they went down to the Bricklayers' Arms—when they left the Bricklayers' Arms they wont into the Commercial Road, up High Street, Whitechapel, where they seemed to call Helsby and Jones up into a quiet yard—I went up shortly afterwards and saw them talking together, and Kolatski handed something to Helsby and said "Keep it quiet"—they shook hands and I walked away—Kolatski, Robenowitz, and the other person went towards their home, and Joseph and Helsby towards the City—on Friday, 26th August, I was with Inspector Abberline, and after the men were apprehended Adolph muttered something partly in English and partly in German, saying to a woman "Go and take the parcel out of the house," and she went away directly—I took Kolatski on the 27th—he said in answer to the charge "I am innocent; I don't know Helsby."
Cross-examined by MR. LEVEY. I don't know what Adolph said in German; it appeared to be German; I can speak a few words—there were a number of persons over in the other garden—I never saw Adolph till I took him in custody.
Re-examined. The observation about taking the parcel out of the house was in the garden near the workshop—Adolph was taken with his brother in the street—we took them through the house to the workshop, and it was in the garden at the back of the house that the conversation took place, and the woman ran through the house to Adolph's address—Adolph and Joseph have both a house and a workshop.
FREDERICK ABBERLINE . I am an inspector of the Criminal Investigation Department—in consequence of information I instructed White, and on Friday, 26th August, at 8.30, I arrested the two Ollanders at the corner of Charles Street and Greenfield Street—Helsby and Jones were close by—I said to them "Are these the two men?"—they said "Yes"—I said "We are police officers; I shall take you in custody for inciting these men to steal"—they made no reply—I said to Helsby and Jones "Which man did you give the parcel to"—they both pointed to Joseph—he said "The young men said that they wanted to go to America, and they had some skins to sell, and I bought them; I have since thrown them away"—I said "Where"—he said "I don't know"—I detained them in the workshop while White and another officer searched; they were then taken to the station, and the warrants read to them—they said nothing—about 10 o'clock the same night I saw Robenowitz in the Whitechapel Road—I said "I am a police officer; I shall take you in custody for inciting a man to steal"—he said "I don't know anything about it"—I searched him, and he laid some pieces of paper on a desk—I went on searching him, and he caught up the papers and tore them up—I got them away from him as quick as I could, and pasted them together—they bore the address "32, Ash Street, New Kent Road"—that is the uncle's address—I found the same address on another piece of paper.
Cross-examined by MR. FRITH. Joseph Ollander speaks English very well—when he said he had thrown them away I understood him to refer to the utterly worthless skins which had been put in the parcel.
Cross-examined by MR. COLE. I also found on Robenowitz a pocket-book and 10 pawn tickets—I did not find a purse of gold, only a very small sum, if any money; if I did I give it him back.
The prisoner's received good characters.
GUILTY .— Eighteen Months' Hard Labour each.
NEW COURT.—Monday, September 19th, 1881.
Before Mr. Common Serjeant.
MR. JACKSON Prosecuted; MR. GEOGHEGAN Defended.
ROBERT WHITTALL HARDING . I am a timber merchant, of 211, Southwark Bridge Road—on the morning of 3rd September I was at Aldridge's Repository, and a man spoke to me who gave me his name Allen—the prisoner and another man spoke to me, and the prisoner said that he came from Brentford, and had a horse in the neighboring street which his father had sent him up to sell, but had made him promise not to sell it to a dealer; that Allen had offered him 20l. for the horse, which he should be glad to take but could not, having promised not to sell it to a dealer, but if I would buy the horse of him he would let me have it for 18l., and
if I sold it right under his eyes to Allen, he could go home and tell his father he had not sold it to a dealer—that proposal was repeated by all the men—I said that I did not want the horse, but I should be agreeable to do. that to get them out of the difficulty if I got something for my trouble for doing so—that was in Allen's hearing—I went over and saw the horse, but it was covered with a particularly large cloth, and I did not examine it in any way—I am not a judge of horseflesh—I do buy horses now and then, and am very often taken in—we went to the Noble Arms—the money was paid there, and they talked irrelevant matter for some time, and would not give me the 20l., but they showed it to me—we went out, and the two other men made off up a small street—they did not run—the prisoner walked to where the horse was standing—I followed him for about five minutes, and then laid hold of him—he struggled very hard and got away.
Cross-examined. I refused to swear on conscientious grounds (The witness had affirmed), but I was going to make 2l. out of the prisoner's scruples of conscience by breaking his word—I think that an honourable thing—I am more of a Londoner than anything else, and have bought horses at Aldridge's before, but not without consulting anybody, or taking the cloth off and feeling its legs—I went there to buy a different stamp of horse if I liked it, which had taken my friend's fancy the day before—I think I was to give 20l. for it—I neither believe nor disbelieve advertisements—I cried off the bargain when I found it was a trick.
Re-examined. I bought the horse, believing I was going to get 20l. from Allen for it—the prisoner wanted me to take the horse, but I would not because I said I had not bought it.
JOHN FRENCH . I am a coachman, of 88, Andover Road, Holloway—on 3rd September I came out of Aldridge's, and saw a crowd—Mr. Harding was holding the prisoner, saying "Give me my money that you have robbed me of"—two men got hold of the prisoner behind, and dragged him away—I let him go a little way from the crowd—he went down a court, where I caught him, brought him back, and gave him in custody—I should be sorry to give 3l. for the horse.
Cross-examined. I have been brought up among horses—I am employed by Mr. Bramber, of Chelsea, and exercise saddle horses for him when he has any—this was an old Army horse—Harding pointed it out to me as the one the prisoner sold him—my age is about 30.
GEORGE GORDON JOHNSON . I keep the Noble Arms, Little White Lion Street—on 3rd September four men came in, and one of them, the prisoner to the best of my belief, asked me for pen and ink and a sheet of paper, and asked me to change, a 50l. note.
Cross-examined. He first asked me to change it, and then asked the prosecutor to do so—I am sure it was a 50l. note, I had it in my hand—I said that I could not get change, and they said they could manage without it.
Cross-examined. He did not say "accomplice; "he said "I know nothing about any other man"—I took no note of the conversation—I neglected my duty on this occasion.
changed, but Mr. Johnson could not do so, and I got it from one of the supposed accomplices—I got this receipt from the prisoner (produced). The Prisoner's Statement before the Magistrate. "He bought the horse of me; he asked me to sell it, and I sold it him." MR. GEOGHEGAN submitted that there was no evidence of any false pretence, and that if the statement that the prisoner had received the instructions from his father were true, there would be an end of the case; that the onus was upon the prosecution to negative it, and they had not done so.
MR. JACKSON contended that the case resembled that of deceiving the public by means of a mock auction. The COURT considered that it was a question for the Jury.
NOT GUILTY .
MR. BESLEY Prosecuted; MR. LEVEY Defended.
THOMAS VICAT . I am a hatter of 33, Exeter Street—I took two rooms of the prisoner; I asked him the rent; he said "11s. a week"—I was satisfied and took them, believing that was the rent the landlord demanded—I did not know who his employer was, but I knew that he was only collector—he brought me this rent book week after week, and signed for the 11s.; I paid him all through 1880 and every week in 1881 down to Monday, 18th July, in this other book—on the Saturday before that he brought me another book, and said that a new collector would call on me, and I was to put down that book and 8s. and say nothing—Monday was Bank Holiday, but on Tuesday, 2nd August, the new collector came—I put the book before him and 8s.; he took it and went away—I saw Mr. Davey on, I think, the Saturday following—that was the first time I knew that the rent ought to have been 8s. all along.
Cross-examined. There was no written agreement—I did not look upon Smith as my landlord, but I paid the rent to him and made any complaint to him—I hold myself responsible for these proceedings—I received this notice on 30th July, 1881 (Stating that Mr. Smith would cease to act for, Mr. Davey from that date, and that Mr. Osborne would succeed him. Signed David Davey)—up to that time I had never heard of Mr. Davey—the prisoner did not tell me that he was the owner of the property; he said that he was only the collector.
Re-examined. If I had known that the landlord would have let me in for 8s. I should not have paid 11s.—there were other tenants in the house whose rents the prisoner collected.
DAVID DAVEY . I am the owner of. 33, Exeter Street, and employed the prisoner as my agent four years ago for that house—I did not supply him with these rent books, but they are what are usually used by collectors—I told him if he could find a nice quiet respectable tenant he might take 8s. a week for these two rooms—he afterwards paid me week by week Vicat's rent, and I had no idea till August this year that he had been taking 11s.—these are his accounts; he always accounted for 8s.—he has got a tenant here for the top floor marked 7s.; the previous tenant only paid 6s.—August 6 was the first time I knew that he had made Mr. Vicat pay 11s.
Cross-examined. I am never called Davis—my proper name is David Belasco, but I have been called Davey for 25 or 26 years—I hare never been called Williams or Maley—in any legal document I sign my name Belasco, but I am known more as Mr. Davey—I am also landlord of
No. 8, but not of No. 37—no house of mine has been closed through the intervention of the police—the prisoner would not have been liable to me if a tenant left without paying his rent; I only held him responsible for what he collected.
Re-examined. He reported to me that the rent he was getting from Vicat was 8s. a week, and never any more, nor did I ever know of his getting any more.
MR. LEVEY submitted that there was no ease to go to the Jury, as Vicat paid the 11s. because hi thought the rooms worth it, and not in consequence of any representation that the prisoner made to him, and that Mr. Davey got the rent which he asked for the rooms, and therefore was not defrauded.
MR. BESLEY contended that it was immaterial whether the fraud was practised on the landlord or on the tenant; the prisoner putting down the rent in the book as 11s. implied that Vicat could not have the rooms for less, which was a false pretence. The COURT left the case to the Jury. The prisoner received a good character.
GUILTY .— One Month without Hard Labour.
FREDERICK WEST WELL (Policeman K 338). On 13th August, about 2.20 a.m. I was on duty in Tomlin Terrace, and heard a noise coming from the Regent's Canal Cut; I looked over the bridge and saw four or lire men; the prisoner was one of them—I went round to the towpath, and saw the prisoner carrying this hatchet (produced); he dropped it, and they all ran away—I picked it up and pursued the prisoner, and when I got up to him he pulled something from his trowsers pocket and flung it on the ground—I caught him and said, "What have you flung away?" he said, "Nothing; whatever it is you won't find it"—I took him to the station, and came back in about thirty minutes and found twenty-seven farthings at the spot where I saw him throw something away—I found footmarks on the bank and on the fence, and in the garden at the back of Mr. West's house, which is about twenty yards from where I first saw the prisoner—I called Mr. West up, examined the premises with him, and found marks whore the door had been broken open—the garden adjoins the canal—I went back and charged the prisoner; he said, "I am innocent; I know nothing about it; you are going to put me away innocent"—I compared his boots with some marks in the garden, and they corresponded exactly.
Cross-examined. Your trowsers were not down, nor did I say, "What are you doing there?"
EDWARD WEST . I keep the Albion beerhouse, 101, Salmon's Lane, Limehouse—on the morning of 13th August I went to be 1 at a quarter to one, locking up the place—I was awoke by a constable about 3 a.m., and I found the taproom door forced open, and an entrance made through small door leading to the taproom—a door had been unbolted, and the person had gone out that way—the till was taken out from the counter, placed on the top, and empty—there had been about eighteenpence in farthings in it—this is my hatchet—I used it not many hours before, and left it in the garden—the flowers were trodden down.
Cross-examined. I did not compare your boots with the marks in the garden, but there was sawdust on them, and sawdust on my premises.
The Prisoner's Statement before the Magistrate. "I was coming up Thompson's Terrace, and went down the cut side to ease myself. Three chaps ran past me, and the policeman said, 'I want you.' He picked up the chopper, and said, 'This is your little game. I have a good mind to hit you on the head with it.' He took me to the station. I had no farthings."
GUILTY .— Twelve Months' Hard Labour.
Before Mr. Recorder.
814. GEORGE MASKELL (18), JOSEPH GILBERT (16), and CHARLES COLLIER (15) , Unlawfully placing pieces of wood on the Great Eastern Railway, and thereby causing an obstruction and endangering the safety of the passengers.
MR. FULTON Prosecuted,
WILLIAM BARNARD . I live at Lawn Cottage, Nightingale Lane, Wanstead, and am a porter in the employment of the Great Eastern Railway Company at Snaresbrook Station—on the afternoon of 19th August, between three and four o'clock, I was travelling in a railway train to Snaresbrook—there is a tunnel about two hundred or three hundred yards from the station—when we passed through the tunnel I was standing at the carriage window, and I saw Gilbert and Collier lying on the bank with their faces downwards—at that time I did not see Maskell—I proceeded in the train to Snaresbrook Station; the train stopped there; I got out, made a communication to the station-master, and went back to the tunnel on the line, and I saw the three prisoners on the top of the bank, just against the hedge against the mouth of the tunnel against the up rail—I examined the up line and found five pieces of wood, called keys, and two stones inside the mouth of the tunnel on the up rail—the prisoners were about 150 yards off, walking—as soon as they saw me they ran away—a train was due on the up line in about ten minutes—I picked up the pieces of wood and ran after the prisoners—I saw Maskell and. Gilbert caught about a quarter of a mile off—Jarvis, another porter, was with me—I took them to the station and charged them—they said they were blackberrying on the line.
CHARLES JARVIS . I am a railway porter at Snaresbrook—about twenty minutes to four on 19th August I was on duty when the train came up from London in which the last witness was—the station-master gave me some directions, and I went round by the road to the tunnel—when I had got some little distance along I saw the three prisoners come out of the mouth of the tunnel—they walked up the embankment and over the fence, and I walked round by the road—I had on my porter's uniform—I don't believe the prisoners saw me till I met Mills, the policeman, and gave him information; they then started to run—Mills and I ran after them; he caught Maskell and Gilbert; they said they had been black-berrying on the line—I and the other porter chased after Collier, but lost him; he was taken into custody afterwards.
was on duty in the Leytonstone Road—I saw the three prisoners walking along—they were strangers to me—Jarvis spoke to me, and the prisoners began to run away—I ran after them—I caught Maskell, took him to the station, and charged him with placing these keys on the line—headmitted being on the line blackberrying, but said he had not placed anything on the rails—Gilbert was apprehended by another constable at the time; Collier escaped, and was taken afterwards—I am sure he was one of the three.
HORACE EVERETT (Policeman K 323). I apprehended Collier on the afternoon of 24th August, in Poplar—I told him I should take him into custody on suspicion of being concerned with two others in custody for placing wood and stones on the metals of the Great Eastern Railway at Leytonstone—he said, "I know nothing about it, you have made a mistake this time"—I took him to the station—he was placed with about six other lads, and Barnard and the constables picked him out—he afterwards said, "I know I was on the line with the others, although I did not place anything on the line."
GUILTY . MASKELL and COLLEER— One Month's Imprisonment without Hard Labour . GILBERT (who had been in custody since 19th August)— One Week.
There was a further indictment against the prisoners charging the offence as a felony, upon which no evidence was offered.
MR. HOLLAND Prosecuted.
RICHARD O'KEEFE . I am a police sergeant in the employ of the London, St. Katherine, and Victoria Dock Company—on 27th July, at a quarter past 8. I was in the dock, and while proceeding along the south shore of the Victoria Dock I observed the prisoner occupied in removing these brass bearings by the aid of this iron pile nail from a steam winch—having succeeded in removing them he proceeded to another portion of the winch, and commenced to unscrew the cap that fixes the brass bearing into a socket—upon that I went up to him—he moved from the machinery, and came towards me a few paces—I asked what he had been doing there—he said "Nothing"—he placed the bearing and cap on the ground—he had no business there.
Cross-examined by the Prisoner. These were not things taken from a ship that was breaking up—I saw you take the things off the. winch—there were no other men there.
Prisoner's Defence. I was at work on board the Ocean King, and was proceeding along the jetty, and saw these lying there.
GUILTY .— Six Months' Hard Labour.
MR. BRINDLEY Prosecuted; MR. KEITH FRITH defended Bryan.
DAVID LOCKHART . I live at 7, Oak Terrace, Victoria Docks, Canning Town—I am a telegraphist—about 1.30 p.m. on 9th August I was standing at the door of the Victoria Docks Telegraph Office—a procession of seamen were passing—Affort came and stood in front of me with
a light dust-coat thrown loosely over his shoulder—as the procession passed I felt my watch lifted out of my pocket; I instantly seized the prisoner's hand; he let go, and ran in the middle of the road—I pursued him, and caught hold of his coat; he ran away, and left the coat in my hand—I followed him, and Bryan came up, and wanted to know if he had anything—I told him he had attempted to steal my watch—Bryan called me a damned rogue, and kept swearing at me, and wanted me to let the prisoner go, and said "Give him a punch in the head"—I told him he would have to wait till a policeman came—I gave Affort into custody—I missed Bryan till I saw him taken into custody about 100 yards off—the prisoners were taken to the station.
Cross-examined by MR. FRITH. I was talking to the postman—Bryan said "Has he got anything? "and "If he has not got anything let him go"—the policeman came in about three minutes, and Bryan ran away—he was walking along.
Cross-examined by Affort. I was standing on the steps—they are about a foot high—about four telegraph boys and a clerk were standing above me—you were standing just in front of me, not nine inches away, but pressing me pretty hard—when you said "Give me my coat," I said "I do not want your coat"—I never heard you send a boy for a policeman because I had your coat.
ARTHUR FREDERICK DENNIS . I am a letter-carrier—I live in the Victoria Dock Road—I saw Mr. Lockhart standing in front of his office—Affort was standing with his coat over his left shoulder close to the prosecutor—after the procession had gone past Affort suddenly ran in the road, and the prosecutor after him—he left the coat in the prosecutor's hand, and ran away—Bryan came up, and said "Has he got anything?" if he has not got anything let him go; you must be a damned scoundrel."
Cross-examined by Affort. I was standing on the path—I was not leaning against a doorpost—you ran up a back street. Union Street—a telegraph messenger went for a policeman.
WILLIAM MOSS (Detective K). I saw the two witnesses running after Affort about 50 yards ahead of me—I took him into custody—I saw Bryan in the crowd; another officer captured him—then I took them to the station—they gave me a lot of trouble and false addresses.
Cross-examined by Bryan. I told you I was a police officer, and the prosecutor gave you into custody for stealing his watch.—I spoke to him first.
Affort's Defence. It would be impossible for me reach his watch when he was on those steps—I do not deny that he caught hold of my coat, but I deny that he caught hold of my hand—there is no back street to run down.
AFFORT— GUILTY . He then PLEADED GUILTY to a conviction of felony in June, 1874, at Clerkenwell.— Nine Months' Hard Labour . BRYAN— NOT GUILTY .
MESSRS. LLOYD and COUCH Prosecuted.
waiting for a minute or two, and then said "Take this sovereign and change it for me"—I said "What do you call this?" and he said "A sovereign"—I said "It is counterteit;" he said "Give it me back, and I will give you another for it," but instead of giving me a sovereign he gave me a shilling, and I gave him 4d. change—I gave him the medal back, and sent for a constable.
Cross-examined. You gave the shilling to a woman to give to me.
WILLIAM BLOYD . I was called and took the prisoner, and told him the charge; he made no reply—I searched him, and in his left pocket found a purse containing three florins, eight shillings, a sixpence, and 3 1/2 d. in copper, and in his right pocket these four medals—I said "How do you account for this?" he said "Some one must have put them in my pocket"—when he was charged he said "Some of my mates must have put them in my pocket for a lark."
Prisoner's Defence. I bought these things for my children. I met two females, and went into this bar with them. I was toying with these coins, and one of the women took one out of my hand, and put it on the bar. I immediately put down a shilling. I had no idea of passing it. I had plenty of good money.
NOT GUILTY .
Before Mr. Justice Williams.
MESSRS. MONTAGU WILLIAMS and CHARLES MATHESWS Prosecuted.
CAROLINE AMELIA JARRY . I am single, and live at 50, Belsize Road, Hampstead—on 16th January I was confined of a male child—he was christened Frederick William Arthur—I put it into the prisoner's care on 25th February, and paid her 5s. a week in advance for about five months—he was then in good condition—I used to visit him from time to time—she lived at 61, Judd Street, St. Pancras—at the end of the five months I noticed that the child was in a very bad condition, and I took him on 4th July to Mrs. Naylor, of 8, Armstrong Place, Plumstead, where he remained four or five weeks—I saw him on the Monday before he died, at my house, and afterwards saw him dead at Mrs. Naylor's.
MARY GIBSON . I lived on the third-floor back at 6, Judd Street in January and subsequently—the prisoner lived in the front room on the same floor—I remember the child being brought to her to nurse; I saw it for the first three weeks—it then appeared to be properly cared for, but after that I used to hear a great deal of crying—I often went into the room in the prisoner's absence to see the child—she was not away from home a great deal—I only once saw it with food—the prisoner was often out with the child all day long in the warm weather, but she never took the child's bottle with her—when she returned in the evening she was generally the worse for drink, and on one occasion she
came home the worse for drink the child was lying over her arm while she. polled herself up by the banisters; its head was downwards, it was on its stomach—I once saw her fall down on the stairs with the child on her arm, and I took it away—she got upstairs as well as she could, and called out for her baby, and then went to her room on her hands and knees as well as she could—she left the child at home by itself at times for hours.
Cross-examined by the Prisoner. I have certainly seen you drunk, and you fell down with the child—it was a constant thing your getting drunk as. soon as you got the money—on the day you fell on the stairs you wept out at 11 o'clock, but did not take any food for the child.
By the JURY. The prisoner had a great objection to taking the child's bottle—I have seen her give it very rough food, such as you would give to a child two years old.
WILLIAM WARNER . I am a sewing machinist of 61, Judd Street—die prisoner came to lodge with me about twelve months ago—I used to tee the child with her, and I have said that she was not a proper person to have a child, and I was sorry she had got it—I did not say so to her—I have seen her drunk many times—it is drink that has done this—I have heard her go upstairs, and she had a hard matter to get up, but she was always very artful, and if she heard anybody about she pretended to be ill—I know that she received money, and she spent it in drink—she sold some of the things in the house for drink, and she pledged all the baby's clothes—I did not see her pledge them, but she took them out and I did not see them again—I spoke to her several times about her treatment of the child—hearing that she was ill, I said "I know what her illness is;" I went into her room and she was sitting with the bady across her knees—I told her she was a dirty drunken thing, and was robbing the mother—she said that I did not know anything about it, the child was ill, and the doctors said that it must die—I have gone into her room several times and spoken to her about the child, but she was always in a drunken state, and it was no use talking to her.
Cross-examined. I did not say before the Coroner that I had never seen you drunk—you were drunk at the inquest at Plumstead—the child was pretty clean when it was taken away, but it was sore, and its legs were miserably thin.
HARRIET NAYLOR . I am the wife of Richard Naylor, of 8, Armstrong Place, Plumstead—the deceased was given into my charge by the mother on 12th July—it was in a very emaciated state and very sore—at the bottom of the back one bone was nearly through, the skin was broken—I showed it to my lodger, who advised me to go to the doctor, as I was afraid to wash it—Dr. Robertson's assistant saw it—the child improved, and the colour came back to its lips—I had fresh milk twice a day for it from one cow—I used to take it to the mother, and she came to me—at 4 o'clock on 9th August the child was in my bed, and I heard it make a peculiar noise—I tried to give it the bottle, but it seemed convulsed, and it died at 4.45—I went to the police—when I first received it its lips were white and compressed, the eyes sunken, and the nose drawn, and it had a deathly smell about it, and its clothes too—I had to put them into water before I could use them, but they were clean—I its thumb nail was coming off—the sores were on the underneath parts—there
was not more than one sore, because it was sore all over as if from the napkins.
Cross-examined. It had sores on it when it was brought to me, some of which seemed to have been there some time—they were not sudden scratches—I have had six children.
EDMUND BYRON ROBERTSON . I am a Licentiate of the College of Physicians—I live at Woolwich—I made a post-mortem examination of the deceased—it was very emaciated, and only weighed 61b.—the average weight of a child of that age is 15lb.—I opened the body and found the whole of the tissues devoid of fat, thin, and enemic—the glands of the abdomen were very much distended, and there was a large abcess on the left hemisphere of the brain—the abdominal disease was consumption of the bowels of four or five months' standing, arising from starvation—the disease of the brain was known subsequent to the abdominal disease; it was tubercular deposit on the brain, owing to the want of proper nourishment—I saw another child of the same age which weighed 181b.
The Prisoner's Statement before the Magistrate. "When I received the child it had had something very bad the matter with it, and the mother said it was thrush. It got so bad that that was the reason I took it to Gray's Inn Hospital. They gave me cod liver oil and ointment to rub it with. The child got still worse. I always took it to the doctor. I took it to Great Ormond Street. There Were no sores on it when it was taken from me, only on the private parts. No one ever saw me drunk, not even Mr. Warner. After I paid Mr. Warner my rent I had 3s. to keep myself for the whole week. As for the baby's bottle; I never went out of the house without it."
Prisoner's Defence. I fed the child three times a day, and gave it cod liver oil as the doctor told me. I took it to the doctor nine times, and he gave me medicine for a fortnight.
GUILTY , Recommended to mercy by the Jury.— Six Month's Hard Labour.
Before. Robert Malcolm Kerr, Esq.
819. HORATIO WILLIAM MAY (22), JOSEPH ENSELL MAY (26), OCTAVIUS HENRY MAY (18), and THOMAS MARLING(61) , Stealing one cart and two sets of harness, the property of Albert Martin MR. PURCELL Prosecuted.
ALBERT MARTIN . I live in Devonshire Road; Forest Hill—on 17th June I missed a market cart from the rear of my premises—it was safe the night before—also two sets of nearly new harness out of the stable—on 19th July I accompanied Inspector Ralph to premises in Wellington Street, and saw the box seat of my cart, which appeared to have been chopped up for firewood—I could identify the box—subsequently I was shown the two sets of harness at the Lower Road Station, which were stolen from my stable—they were worth about 30l.
JOHN PRITCHARD . I am a butcher, of 5, Duke Street, Deptford—I bought the set of harness Mr. Martin saw at Lower Deptford; of Joseph May, at the back of the King William IV.—it was the latter end of June—a milkman named Barnett was present—I gave a sovereign and
another set of harness for it—Horatio May was also present—I gave him 3d. for carrying it home.
CHARLES WILLIAM MINTER . I keep the King William IV., William Street, Deptford—I let some back premises to Horatio and Octavius May as wood-choppers and dealers—all the prisoners had access to the place.
Cross-examined by Horatio May. I let the premises to your brother.
JOHN SMITH (Policeman A R 336). At 3.40 a.m. on 19th July three of the prisoners passed me on Catford Bridge—I was mounted—I rode after them, and asked them to stop, and what they had in the cart—Ensell said he had two sets of harness that he had bought of a dealer in Beckenham named Jones—I trotted alongside as far as the station, when I stopped them and told them I should take them in custody—I found two sets of harness, which Ramsay owned.
ALEXANDER JEWELL (Police Inspector P). On 19th July I went with Detective Elcome to premises at the rear of the King William IV.—I saw Marling leave the stables—he had with him a horse harnessed—I asked him if it was his horse; he said "Yes"—I took him back to the stables—there was some harness hanging on the walls—Elcome asked if the harness was his, and I asked him if the stable was his; he said yes, he had a stable with a stepson—it was locked—in Marling's stable I found a portion of a box, which Martin aftetwards identified as being a portion of a cart stolen from his place, and several pieces of harness, which Mr. Goddard identified as having been stolen from his premises—Marling said he had bought the harness bit by bit in the market—I said I should take him in custody for unlawful possession of the harness—he stated the horse was not his, but belonged to his stepson.
Cross-examined by Marling. You did not say the things did not belong to you—the horse you had was not stolen.
CHARLES FELTHAM . I am a general dealer, of 3, Camden Cottages, White Horse Hill, Chiselhurst—I missed a van from the rear of my premises—I saw part of it at the police-station, and identified it—the value is 25l.
WILLIAM GODDARD . I live at 115, Markham Road, Forest Road, and am a cab proprietor—on the evening of 8th July there was stolen from my stables two sets of harness, one brass and one plated, three whips and an old rug—I have seen some of it at the police-station, and identified it.
Cross-examined by Horatio May. I am positive it was my harness, I had it made new, and I had done repairs a week before—I can swear to my own work; it was sewn up with a piece of copper wire.
Horatio May put in a written defence stating that he had no knowledge that the goods were stolen, and that he attended to the business for his brother, who was laid up with smallpox; that he bought the articles at different times as a dealer, and it was not usual in dealing with one another to have receipts; that his brother went in a fit, and delayed them till late at night; if
he had known it was stolen he should not have said where his stables were and the harness was exposed for sale.
Joseph May made a similar defence.
Octavius May stated that he worked with his brother, but had nothing to do with it.
Marling said that he worked for the Mays in chopping wood, and had nothing in the place but his tools.
NOT GUILTY .
MR. PURCELL Prosecuted.
RAMSAY stated that on the night of the 18 th he locked up his coach house, His harness was all safe the next morning. About 5 o'clock he found the doors wide open, but no marks of violence. He missed the greater part of two sets of harness, and he afterwards identified the harness as his property. The prisoners repeated their defence.
GUILTY . JOSEPH ENSELL MAY then PLEADED GUILTY to a conviction of felony in December, 1879, at Clerkenwell.— Two Years' Hard Labour . HORATIO MAY— Twelve Months' Hard Labour . OCTAVIUS HENRY MAY— Nine Months' Hard Labour.
821. THOMAS MARLING was again indicted for stealing a van, the goods of Charles Feltham, also three sets of harness, three whips, and a rug, the goods of William Goddard, upon which no evidence was offered.
NOT GUILTY .
MR. PURCELL Prosecuted; MR. MIRAMS Defended.
JAMES HYSLOP . I live at 3, Nelson Street, Hackney Road—I am out of employment—I know the prisoner—he gave me three cheques to get cashed for him—the first on 7th June for 4l. 7s.—I saw him write it—I sent the girl to get it cashed—she brought back 4l. 7s.—I came up to town and gave it to Maxwell—he gave me 2s.—I was in a state of destitution—the second cheque I sent to Mrs. Groves to get cashed—the 2l. 2s. 6d. came back, and I gave it to Maxwell—I gave the third to Mr. Stead—I afterwards heard something from Mr. Moore, a publican, in consequence of which I saw the prisoner, and told him the cheque was bad—he told me to toll Mr. Moore he could pay every farthing—I told him the cheque sent to Mrs. Groves had come back—he said that would be all right, and he would see that it was paid—I afterwards took out a warrant.
Cross-examined. I was anxious that he should lend me some money, I and my wife being in great distress—he did not say "If one of your friends will cash my cheque I shall have some money in a few days, and will let you have some"—the third cheque was for 5l. 13s. 6d.—that was dishonoured—the first cheque is marked "No account"—the second "Not sufficient"—I was threatened if I did not get the money back I
should be to blame—I saw the prisoner on 11th July in a public-house in Farringdon Street with a Mr. Broder—I asked the prisoner if he had settled for the 5l. 13s.—I went outside, and gave him in charge—he told me he was expecting money to settle the cheque soon.
Re-examined. The signatures to these two cheques are in Maxwell's writing—I have seen him write—the cheques are all marked "Account closed."
SARAH GROVES . I am a widow, and keep the Pear Tree beer-house, Lewisham—on 3rd June Mrs. Hyslop called—we had a coversation—she brought me this cheque for 2l. 12s. 6d.—I gave her the money—I paid it in to the brewers—it was afterwards returned to me marked "No account," as it is now.
Cross-examined. I received this letter from Maxwell (dated July 2nd, and asking for a few days, and it would be all right)—I did not instruct the police—I have not been paid.
HUGH WILLIAM JAMESON . I live at Romford, and am an accountant to the Central Bank of London, in Cornhill—James Maxwell had an account at our bank—he has no account there now—these two cheques were paid in, and marked as they are now, one "No account," and the other "N.S.," not sufficient—I do not know why it was marked "N.S."—other cheques have been presented and returned—a record is kept of them—we closed the account with Maxwell in June, 1880—we gave no notice.
BENJAMIN FRANKLIN MOORE . I keep the George and Dragon, Black-heath Hill—in June last a cheque dated 7th June was brought to me by a girl—I cashed it and paid it into my bank—it was returned marked as it is now.
Cross-examined. I did not instruct the police—I received the money for the cheque.
NOT GUILTY .
Before Mr. Recorder.
MR. MIRAMS Prosecuted; MR. GEOGHEGAN Defended.
GEORGE HENNINGSHAW HAMMOND . In August last I purchased from the defendant three houses at Bickley—part of the agreement was that I should pay for the paving—on October 2ud I paid the final payment—on Nov. 11th I received this letter from the prisoner (Stating that a threatening letter had been received from the Board of Works, and the money must be paid at once, the total for the three houses being 51l. 19s. 6d.)—the prisoner called upon me four days afterwards—he said he came for the 51l. 19s. 6d. to pay the Board of Works—I gave him the money and asked him to pay the Board of Works on my account; he said he would do so—it was a bank-note and odd money—on 23rd of February I received an application from the Board for Works for the money—I called with my solicitor upon the prisoner the following evening and had some conversation with him—he said he had been thinking a good deal about this affair—I said "I shall have to pay it again; "he said "I should not if I were you, let it be," and "I have been out a good deal"—I have paid it again.
Cross-examined by MR. GEOGHEGAN. I engaged other people to finish the houses—among them was a man named Featherstone—he gave Mr. Bailey an estimate, who gave it to me—the works were completed after
my interview with the defendant—James superintended them—I did not engage him—I asked Mr. Bailey to superintend—I waited because I wanted to give the prisoner time to pay, and because I wanted the Board of Works to clear the two houses—a Mr. Wallis called upon me with. James—they asked me to withdraw the summons—Wallis said "What do you want to punish this man for?" and I said "What did he want to take my money for?"—I knew on February 23rd that James was a bankrupt—James said he had scheduled the Board of Works—he sent me an instalment, which I returned, because he scheduled me as one of his creditors—Mr. Webb attended the first meeting.
Re-examined. I paid for the houses before they were finished, upon the prisoner's earnest request, and upon his undertaking to complete them, but he never did—I never employed him after I paid him the 50l.—Mr. Featherstone is in business for himself.
VIVIAN ORCHARD . I am clerk to the Greenwich Local Board of Works—these houses of Mr. Hammond's are in our district—the paving was done by our Board—the 51l. 19s. 6d. was not paid by the prisoner—an application was made on the 23rd February to the prosecutor, and the sum paid by him.
Cross-examined. I served a peremptory notice in July that the money must be paid within a month—I took out an order—I was present when Mr. Chappel, a clerk in our office, was examined.
The Prisoner received a good character.
GUILTY .— Four Months' Hard labour.
Before Mr. Common Serjeant.
HANNAH HARRIS . My husband keeps the Ordnance Arms, Lewisham Road—on 26th August, about 11.30 p.m., the prisoner came in with a woman and ordered twopennyworth of whisky and a glass of bitter ale, and paid with four penny pieces—he went out and came in alone in two or three minutes into the private compartment, and asked for "Half a put of mild and bitter ale, and a glass of bitter ale, quick"—he gave me a florin; I put it in the till, where nothing but coppers were, and gave him the change out of another till—I cleared the first till five or six minutes before, and there was only copper coin in it—my husband went to the till directly, took this florin out, spoke to me, and went out after the prisoner, but he was not brought back.
JOHN HARRIS . I have heard my wife's evidence; it is correct—I went to the till directly the prisoner left, and found this florin; there was no other silver there—I went out to the Duke of York, which is 250 yards off, and saw the prisoner there—after he left they showed me three florins, one of which was bad—I went after him, took hold of him, and told him I wanted him—he said "What for?" I said "For passing a bad florin at the Ordnance Arms"—he said he did not, and put his fingers in his waistcoat pocket, threw a piece of paper on the ground, and struggled to get away, but a policeman came up and took him—I gave the florin to Sergeant Degan at the station—I had cleared the till 10 minutes before, and no silver had been put in since—I was in the bar all the time.
Cross-examined by the Prisoner. It might be five minutes after you left
that I followed you—directly I took hold of you you put your fingers in your waistcoat pocket and took the money out, and I heard it fall on the ground and jink; it sounded dead.
WILLIAM MILLER . I live at 12, Garden Bow, Lewisham—on 26th August I was at the Ordnance Arms, and saw the prisoner come in with a woman; he called for twopenny worth of whisky and a glass of bitter ale, and paid with four pence—Mr. Harris afterwards said something to me, and I followed the prisoner to the Duke of York, and stood and watched him come out, and followed him down Blackheath Road—Mr. Harris went up to him; I saw a slight struggle, and the man caught hold of his arm—I said, "Hold him a minute, he has thrown something away"—I picked up this packet of florins wrapped in paper, and gave them to the constable—when I said, "I have got it," he said it was a lie—he was given in charge.
Cross-examined. I do not think the florins were knocked out of your hand in the struggle, because Mr. Harris had got you by the collar, and I by the arms; you dropped them before I seized you; it is impossible that they could have been jerked out of your hand.
Re-examined. It was when Mr. Harris took hold of him by the collar that he threw the packet away—I was about two yards from him.
ROBERT WILLIAM SPROLE . I keep the Duke of York, Lewisham Road—on 26th August, about 11.20, the prisoner came in for a glass of ale; Mrs. Sprole served him; he paid with a penny and two halfpennies—he put that on one side, and said he thought he had had enough, he would have a small soda, which came to 2d.; he tendered a florin; I did not see it put in the till; he went out—Mr. Harris came in and said something; I looked in the till, and found some shillings and sixpences and three florins, one of which was bad; I put it at the back of the bar, took it to the police-court next morning, and left it there on the desk.
WALTER GOLDING (Policeman R 301). On 26th August I was on duty, and found the prisoner detained by Harris and Miller—Miller gave me two florins wrapped up in paper and said, "Here is some coin which I picked up in the road, thrown away by the prisoner"—the prisoner said, "I know nothing of it"—Harris gave him in charge, marked the florin, and gave it to me; this is it (produced)—I found on the prisoner a half-sovereign, a half-crown, a florin, nine shillings, four sixpences, and seven pence—I got this florin (produced)from the Magistrate's desk.
Prisoner's Defence. I came up to London from Lancashire a few days before, and I picked up this packet of money in the street. I did not know it was bad. Can you imagine anything so reckless as a man entering a public-house with these bad pieces in his pocket, and offering one of them? he would be almost asking for detection. If I had known they were bad when I came out, I should have made the best of my way out of the neighbourhood.
GUILTY . He then PLEADED GUILTY to a conviction at this Court in March, 1873, for uttering a counterfeit half sovereign.— Eighteen Months' Hard Labour.
MR. COUCH Prosecuted.
Deptford—the prisoner and I lodged in the same house, but I am the landlady now, and have been so a month yesterday—my husband died on 29th August, and next day I missed a pair of his boots which I had seen and put by the washhand-stand, at 1 a.m.; these are them—the wrong key was in the door, and it would not turn, so that anybody could get in—next day, Thursday, Sept. 1, I saw the prisoner at the foot of the stairs, and told him that my husband's boots had been taken out of my bedroom—he said, "You had so many in on the night of his death"—I said "Yes"—he said, "It must be found out," and instantly walked out of the house—I next saw him as a prisoner—my husband left a will, but I had not had time to prove it yet—I never gave these boots to the prisoner.
Cross-examined by the Prisoner. You went away on Wednesday morning, 31st August, about 5 o'clock, and came back on Thursday morning.
MARTHA MARY LAWRENCE . I am the wife of George Lawrence, of 15, Cross Street, Deptford, and the sister of Mrs. Strotter—on Tuesday, 30th. August, the day after Mr. Strotter died, I was in their house about midday, and the prisoner came into the kitchen and asked if he could do anything for my sister—she went out into the yard, and he went up the passage to the back parlour where the corpse lay, and I heard him walk round the side of the room; I could see the door, as he left the kitchen door ajar; I heard him walk as far as the bed, and then saw him walk out directly and shut the door; I could not see whether he had anything with him—he passed upstairs, and came down and went out of the house—nothing had to be done in the room.
WILLIAM HANSHAW . I live at 35, Castle Street, Deptford—I sat up with the deceased Mr. Strotter on Sunday night, 27th August, and left him at 8 on Monday morning—I was with him at 9.30 the same night, and sat with him till he died on the Tuesday morning—I am his widow's brother—I saw these boots after he was laid out, between 12 and 1 o'clock.
ALFRED SPENCER . I am assistant to a pawnbroker, of 162, Lower Road, Deptford—on Tuesday, 30th August, the prisoner pledged these boots (produced)with me for 5s.—I am positive of him—this is the duplicate.
AMOS STRATTON (Police Sergeant M). On 2nd September, at 7 p.m., I took the prisoner in Deptford Lower Road, and told him the charge—he made no reply—as he went into the station he said, "I don't know either Mr. or Mrs. Strotter," but after he was charged he said, "Mr. Strotter gave me these boots, a suit of clothes, and two hats"—I found on him 4s. 6d. in silver and 7s. 6d. in bronze.
The prisoner produced a written defence, stating that although the deceased gave him a number of articles "before his death, he had not been charged, with stealing them; that Mrs. Strotter was so drunk that she could not stand on the night before her husband died, and that the house was as if there was an Irish wake in it.
NOT GUILTY .
Before Mr. Recorder.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. CUNNINGHAM Defended.
ALBERT BARKER (Police Constable M 81). On Sunday morning, 10th July, at 1 o'clock I was on duty in Church Street, Bermondsey—a woman came and made a complaint to me, in consequence of which I went down Artillery Court—as soon as I got to the mouth of the court I heard cries of "Murder "and "Police," and when I got some way down I saw the male prisoner stripped, with his jacket and waistcoat off, and his shirt sleeves turned up—he was using most fearful language—I requested him to go away several times—he said "Go and f—yourself"—he struck me a violent blow on the head with his first and knocked me down and then kicked me several times in the side—I got up and went and caught hold of him—we struggled and went down together on the ground, and the woman came up and kicked me several times in the side—I was not able to do anything after that, but I kept hold of the man until the other constables came up—both the prisoners were the worse for drink—I was not able to get up, and was assisted to the station—the struggle commenced outside the house—the female prisoner and some other women drew me into the house—after the man had kicked me, and before the woman did so, I felt my injuries—I saw the prisoner at the station; I did not notice his boots—I sat down for a little while, and then I went on duty again, and remained on duty all that night, up to 6 o'clock in the morning—I went to bed then, and remained in bed all day Monday—on Tuesday I went to Guy's Hospital, and was treated for the injuries; they were on the ribs and across the stomach—I was under the doctor's care over nine weeks, and am still, and am still suffering from the effects of these injuries.
Cross-examined. I know there is a witness named Lofts—I mentioned him and two constables as my witnesses before the Magistrate—I did not see Lofts when I heard cries of "Murder "and "Police;" I saw him first when I got to the station—I had him as a witness because he said he saw all of it—after the man kicked me he got up and went up some steps—I caught hold of him just at the top of the steps, and pulled him back—his house is at the top of Artillery Court—all this occurred in one court—a struggle took place at the door, and I fell on the top of the steps, not on the steps, and then I was dragged into the house by the female prisoner and some other women, and kicked, and I did not get out again until I was assisted and went to the station—I was in the room when 33 M came up—I saw Lane—I did not see him and the prisoner outside the house when I came up to it—I saw him in the court when the first struggle commenced, outside his own house—it is not true that Lane and the prisoner wanted to fight, or that I rushed into the prisoner's house—I did not see the furniture broken—I do not know whom the prisoner was quarrelling with when I came up—I heard fearful language used by the crowd; I did not hear cries of shame—I was examined by the divisional surgeon of police on the Sunday night—I was on duty the whole of the Sunday morning from I till 6, but I felt it all the time—after the prisoner kicked me I was able to run after him up the steps.
WALTER LOFTS . I am a carrier, and live at 37, Pauline Street, Bermondsey—on Sunday morning, 10th July, I was passing by Artillery Court, and heard cries of "Police "and "Murder"—I went into the court and saw the prisoner knocking a woman about, and a police constable
took hold of him by the throat to take him out of the house, and then the prisoner hit the policeman on the head with his hand and knocked him down, and there was a struggle in the road between them—besides hitting him on the head they kicked him in the ribs—the male prisoner had on his shirt with the sleeves turned up, and trousers and boots—I could not see what sort of boots they were—I saw Police-constable 138 come up—he took his belt off and put it round the prisoner's neck and dragged him out of the house—I did not see anything until after I heard the cries of "Police "and "Murder."
Cross-examined. When I heard the cries I saw Policeman 81 going to the court, and I followed him, keeping him in view, and got there a minute or so after he did—I saw the male prisoner down upon the female prisoner, and ill-using her—81 pulled him off; then the male prisoner hit him on the head and knocked him down—I saw him kick the constable several times, inside the house; I did not see him kicked before he was in the house—when the constable dragged the male prisoner out of the house with his belt they were back to back, eo that the pressure was on the prisoner's throat—I did not see him fall down the steps when he got outside.
Re-examined. All the assault I saw was inside the house; the only assault outside was the man on the woman.
THOMAE CUDE (Policeman M 33), On Sunday morning, 10th July, I was in Crucifix Lane on duty and in uniform, and saw the first witness, Barker with the two prisoners on him on the floor of the front room of the first house in Artillery Court—the door was open into the room—Barker complained to me that he had been kicked by the prisoners—they were both drunk, but the female was worse than the man—I pulled them off Barker and he got up—I got hold of the male prisoner, when the daughter struck me across the hand with a walking stick—another constable came up and put his belt round his neck and pulled him out of the house—there were 30 or 40 people there, I should think, looking on—Lofts assisted me—I saw a table upset in the room, but no broken glass—the man went to the station, but the woman would not walk, although she could have if she had liked, and we got a stretcher and carried her to the station—Barker walked there.
Cross-examined. She offered to walk to the station before she was carried, but I said she should not then, and put her on the stretcher because her clothes were coming off—the house is two or three hundred yards from the station—I did not see. any assault committed; I only saw them on the top of him—I got there before 138 M.
JAMES ELIOT (Policeman M 138). I went to Artillery Court on this Sunday morning, and saw the prisoners on the ground on the top of 81 M, whose head was inside the house and body in the court; the street door opens into the room—I saw the male prisoner kicking him in the side—they drew him into the room and the door was shoved to; I shoved it open and went in; the place was in darkness—I took my belt off, and seeing no chance of clearing the place, I put it over his head and round his neck and drew him out—he was very violent; he kicked and plunged on the way to the station—he jumped down the steps, thinking to bring me down too, but I dropped my belt and he fell to the bottom—his shirt was in shreds—the woman was in a filthy state; her dress, came off, and we had to pull it up—they were both drunk.
Cross-examined. It is not my usual way of dealing with a prisoner to put my belt round the neck; it was my first time of trying it; there was no chance of choking him—the prosecutor's head was inside the house, and just as I got there he was dragged in—when I brought the male prisoner out of the house I kept hold of the belt in one hand and his hand in the other—the belt was still about his neck all the way to the station—I saw Lane; he offered to assist, but like a good many others he shirked it—I believe if I had not got there 81 would have been killed.
Re-examined. There is a very low lot of people living in Artillery Court—Mr. Chandler has the property now, and is trying to improve it.
THOMAS EVANS . I am surgeon to the Metropolitan Division of Police—I was sent for on Sunday night, 10th July, and saw the witness Barker at about a quarter-past 11 in bed—he complained of his side, and I found that one of his ribs was broken—he had to be removed to the hospital on the Tuesday, and he was there for five days—after he came out I continued to attend him, and he is still under my care.
Cross-examined. The injury might have been caused by his falling against steps—there was no bruising—if a person was kicked the part would show marks of bruising within 24 hours—I should think the bruises would have made their appearance when I saw him.
Re-examined. A violent kick might also have caused the injury—it must have been caused by direct violence.
The male prisoner received a good character.
GUILTY on the Second Count.— Fifteen Months' Hard labour each.
MR. EILOART Prosecuted.
WILLIAM CHARLES GRACE . I am a licensed victualler, and keep the Windmill Tavern, Limehouse—on Wednesday night, 3rd August, about 9.30, I was coming down Rotherhithe Street—I went into a fish shop; I had been there about two or three minutes when King came in—he said nothing to me—I had some fish and walked out—I said to the fish shop man "I will have a glass of ale"—King said "Well, I can drink one"—I said "Very well, you can have one if you like," and he went with me into the Wheatsheaf, which was five or six doors off—I called for a pint of ale—McCarthy came in and stood a bit back from the counter—I took out some money and paid for the ale, and sat down in front of the bar—King took a glass, poured out the ale into it, and handed it to me—I drank about half a glass, and found myself getting stupefied—King drank out of the same pot, but not much; he just sipped it, and McCarthy also just sipped it—I took some gold out of my left-hand pocket to pay for the ale, but I found that was not my money, so I put it back, and took the money from the other pocket and paid for it out of that—I had a half-mourning ring in my pocket—I might have taken that out with my money—I then left the house; the prisoners followed me—I went down the Horns Stairs, Rotherhithe, which was about 200 yards off, to take a boat to cross the water—I saw the waterman, and he went down to the shore to get the boat ready—while he was gone the prisoner followed me down the stairs; when I got
half way down McCarthy ran up and pat his arm round my neck from behind and stuck his knee into my hack, and King ran in front of me, and dived his two hands into my trousers pockets, turned the pockets inside out, and said to McCarthy "All right, I have got it," and they ran up the stairs—I halloaed out "I have been burked"—the waterman was in his boat; he said "Run after them"—I did so, but lost sight of them—I lost all my money and the ring—I next saw the prisoners about 2 o'clock on the following Saturday morning at Rotherhithe Police-station; I was confident of them directly I saw them—I said "They are the two men"—King said "I recollect being in the fish shop with you and in the public-house too"—it was about 10 or half-past, I think, when I left the public-house—I had had a glass or two, but I perfectly well knew what I was about—I had three sovereigns, two half-sovereigns, three shillings, and two threepenny bits in one pocket, and about 2s. and some coppers and the ring in the other—I feel the effects of the violence now when I stoop, and I am obliged to use a lotion to rub myself.
Cross-examined by King. I did not sit down on a form in the public-house and go to sleep—I did not hear the publican say, "You had better wake him up"—I did not fall down the steps, nor did, you pick me up—I did not ask you to find a girl for me.
Cross-examined by McCarthy. I am sure you are the man that put the arm round my neck; I saw you by the gas-light as I turned my head.
ROBERT STOLEWORTHY . I keep a fish shop in Rotherhithe Street—on Wednesday night, 3rd August, the prosecutor came there between nine and half-past—King followed him in shortly after—they both had some fish and went out—I afterwards went to the Wheatsheaf and saw the prosecutor sitting there—King was there, and another man who I could not recognise, and there were two more men in front of the bar; one was a shipwright I knew; I did not know the other—I saw King give the prosecutor some drink.
Cross-examined by King. The prosecutor was having a bit of a game among the females in the shop.
ANN STUDMORE . I am the wife of Thomas Studmore, of 348, Rotherhithe Street—I was at the fish shop on 3rd August—I saw the prosecutor and King there; McCarthy stood outside next door, eating some fish—he insulted me—he said, "It's like you, carrying on with the customers; you should be taken by the shoulders and chucked outside"—I know him by his voice, but I could not tell him by his features, because he stood in the dark—he had a cap, with a peak coming down over his forehead; I have seen it since; he had it on at the Greenwich Police-station—I afterwards saw the prosecutor and King pass my house as the clock was striking ten, and McCarthy walked behind—they were going towards the Horns Stairs—as they passed I heard King say, "A good job I fetched you away from those women; they would have run you in"—my house is next door but one to the Wheatsheaf.
Cross-examined by King. The prosecutor had had a little drop—he did not insult me; you did, and threatened what you would do to my husband if I fetched him.
Cross-examined by McCarthy. I knew you by your voice and by your coat and cap.
August, between 9.30 and 10—my father keeps the house, and I was assisting him—I served Mr. Grace with some ale, and King was with him at the time—a man who I believe to be McCarthy was sitting some distance apart from them—he did not appear to be in their company—Mr. Grace and King went out, and the other man followed shortly after; they went in the direction of the Horns Stairs.
Cross-examined by King. Mr. Grace looked drowsy, and I asked you why you did not wake him up.
Cross-examined by McCarthy. I speak to you principally by your voice.
THOMAS SNOW . I am a waterman at Rotherhithe—I was at the Hons Stairs on 3rd August, between a quarter and half-past ten—I saw Mr. Grace come to the stairs; he hailed me for a boat—two gentlemen were with him; King was one; I don't know the other—I went down the steps, and they followed me—I heard Mr. Grace sing out, "They are burking me"—I said, "You had better run after them"—they ran up the stairs, and I saw no more of them.
JAMES TONEY (Policeman M). On the night of the 5th I apprehended King at the Adam and Eve public-house—I told him the charge—he said, "You have made a mistake"—McCarthy came up and said, 'What's the matter? what are you being locked up for?" I then left King in Sergeant Stratton's custody, and took McCarthy—I told him the charge—he said, "You have make a mistake this time, Mr. Toney" I said, "All the better for you if I have"—I took them to the station, and they were both identified—he said, "The landlord of the Adam and Eve will be able to prove that I was in his house the whole evening; I was not in Rotherhithe Street the whole evening"—I saw the two prisoners on 3rd August, between one and two in the day, in the Deptford Road—they were dressed similarly to what they are now, with the exception of new trowsers.
AMOS STRATTON (Police Sergeant). I received King in custody from the last witness—he said, "All right, I will go; but mind, I can bring twenty witnesses to prove I never left the Adam and Eve public-house from 7 till 12, closing time—I heard the witnesses identify the prisoners—King then said, "I know I was in the fish shop, but what has that to do with the robbery?"
Cross-examined by King. I did not tell you that the robbery was on the Tuesday night.
Witness for the Defence.
WALTER DOWNEY . I am manager of the Adam and Eve—I know McCarthy as a customer—he was there on Wednesday evening, 3rd August, with King, the greater part of the evening—they were in and out, and came back at 10.30.
KING— GUILTY . He also PLEADED GUILTY to a previous conviction at Greenwich in March last.— Eighteen Months' Hard Labour .
McCARTHY— GUILTY .— Six Months' Hard Labour.
Before Mr. Justice Lopes.
for the Prosecution, offered no evidence, the Grand Jury having ignored the bill.
NOT GUILTY .
Before Mr. Justice Williams.
NOT GUILTY .
GUILTY .— Six months Hard Labour.
GUILTY — Ten Years' Penal Servitude.
Before Robert Malcolm Kerr, Esq.
MR. PUROELL Prosecuted; MR. GEOGHEAN defended brookbank.
CHARLES WEEKS FIELD . I am a clerk, and live at 2, Bennett's Buildings, White Hart Street, Kennington Lane—on Bank Holiday, between 12 and 1.30, I closed up my house and was walking on the pavement—three young men came up—one knocked my hat off from behind; on stooping to pick it up I received a blow on the back of my head—I halloaed out, but became insensible—I found myself on a barrow—I missed my watch, locket, and chain, value about 10l.—I last saw them safe and broken about half an hour previously, at the Princess of Wales public house—these are them—I was not in company with any one.
EDWARD WILD . I am assistant to Mr. Folkard, pawnbroker, of 203, Upper Kennington Lane—about 2.45 on 2nd August Parker came and offered me a watch chain for 12s.—I asked him whose it was—he said it was his own—I asked him for the receipt—he said he had not got one—I asked him where he got it; he could not tell me—after two or three statements he told me he got it in Jonathan Street—the glass was broken—I drew his attention to it—he said he was in a bit of a spree the night before with two or three friends—he said 13s. for it—the value of the watch is about 2l. 10s.—I told him to go and fetch the party he got it from—I went to the door and saw him join Nash, about fifty yards from the shop, and go away—I spoke to a constable.
MILES BROWN (Policemen L 203). About 3 p.m. on 2nd August, in consequence of what Wild said to me, I went after Parker and Nash, overtook them, and said "Which of you tried to pawn this watch?"—Parker said "I have"—I said "Why did you go and leave it?" he said "I got it from an Italian"—I said—"Why did not you pawn it yourself?"—he said—he said "I was ashamed"—I said "How did you get the watch?"—he said "From Brookbank"—I asked where he lived—he said he worked for Mr. Dowell, in Kennington Road—I brought them back to where I brought the watch from, and them took them to the station,
where he said "Here's a chain and locket," and took them from his pocket—he said he got them from Brookbank—Brookbank came to the station as a witness.
Cross-examined by MR. GEOGHEGAN. This case was heard by two different Magistrates—all the evidence was read over to the second Magistrate.
HENRY GEORGE (Police Sergeant L). On 17th August Nash made a statement to me—he said "On Bank Holiday I and Brookbank took a man from the Roebuck public-house, White Hart Street; Brookbank threw the man down; he afterwards ran away, saying he would go and fetch a cab"—I then said to him "You told Parker in the cells that he stole the watch"—he said "I am telling the truth"—Brookbank then said "I was in bed"—Brookbank was being charged when Nash made that statement—I told Nash he had better put the statement in writing, which he did, and it was handed in at the police-court—Brookbank was first brought to the station as a witness—he gave his evidence to the inspector—in consequence of that statement I made inquiries.
WILLIAM AARON . I live at 5, Stamford Street, Blackfriars—I keep a coffee-stall at Kennington Cross—I was on duty on Bank Holiday night—I know Brookbank and Nash—I saw them together that night from about 12.30 to 1.10—they stood at my stall about 20 minutes or half an hour—I know the boys well—I did not see Parker that night.
The Prisoners' Statements before the Magistrate. Nash says: "I reserve my defence; I will put in this statement." (Henry George here said that Nash's father wrote the statement and Nash signed it.) "I was with Brookbank on Bank Holiday night between 12 and 1 o'clock when Brookbank led a young man from the Roebuck, White Hart Street. While leading him along he put his leg before him and threw him down and fell atop of him, and getting up ran away, saying he was going to fetch a cab, and never returned. Brookbank gave me the watch and chain on the Tuesday morning to pawn, telling me to bring the money to his place." Parker says: "No, sir, Nash tells me last week when we was in the cells I was telling the gentleman all about it. I said 'How did you get it?' Hes aid 'Me and Poodle were going over to the Roebuck, and we see this gentleman outside drunk. Brookbank laid hold of him and pulled him round by White Hart Street. Brookbank chucked the gentleman over on his face, took his watch away, and halloaed out he was going to fetch a cab.' He said he ran across the road and picked the gentlemen up, and he tried to save himself, and tore Nash's coat right down the back. That is all he told me in the cell. He met me at Vauxhall Cross and said, 'Go and pawn this watch for me, will you.' I said 'Whose is it?' He said 'A young man's. I am going to pawn it for him because the young man is hard up.' I said 'All right,' just like that, so he said 'If they ask you your name, say you live at 115, Tyre Street; if they ask you where you bought it, say you bought it off a young chap living at No. 10, Jonathan Street.' He said 'It is broke, say you broke it about larking yesterday, because they might not take it in; say it is your own;' so I took it in." Brookbank says: "I meets Nash about half-past seven on Monday night at the corner of Paul Street, and had some beer. I know nothing about this."
NASH— GUILTY — Twelve Months' Hard Labour. PARKER and BROOKBANK— NOT GUILTY .
Before Mr. Common Serjeant.
MR. GREENFIELD Prosecuted; MR. KEITH FRTTH Defended.
JAMES JOHNSON . I am an engineer, of Alma Street, Bermondsey-about 8.30 p.m. on 8th August I was in the Grange Road when a little man stood before me, acting drunk, and the prisoner came and pulled me backwards, and I fell down and ruptured myself—I was ruptured on one side before—I cannot walk about—I shall be 74 in a few weeks—they held down my arm—I had a little umbrella in my hand, and my watch and chain were gone when I got up-one ran one way and the other the other—the prisoner went in among some more men, and I went in after him and looked him in the face, and when I got up to him a gentlemen called out "Tea, that is the man"—it was all within a minute—he ran out of the crowd; I did not lose sight of him till the policeman had him.
Cross-examined. I had had a glass of gin and cold water that night at my brother-in-law's; I never take more—then I went up the road and waited pretty well half an hour for the omnibus—I said before the Magistrate "I only saw two men there; there were plenty in the road;" that is true—I wear spectacles; sometimes my sight is pretty good.
Re-examined. I was never drunk in my life.
GEORGE GRIFFUT (Policeman M 36). I heard the prosecutor shout—I was at the corner of Aldersgate Road, Grange Road, 40 or 50 yards from the spot—I stood for a moment and saw the prisoner running towards me—I was in uniform—the prosecutor came up afterwards and gave him in custody—I heard some one call out at the Royal Fort public-house "That is him, old man, that knocked you down"—I could not see who it was; I did not see any one else running away—the prosecutor gave a description of the other man, but said he did not think he could identify him, and he has not been traced.
Cross-examined. I have made inquiries and have found the prisoner bears the character of an honest, hard-working man—his master is here—there wery few people in the street—I went back to the place where the struggle was said to have occurred-Mr. Dickens was called before the Magistrate to give the prisoner a character; he has been in his employ for over 12 months, and was employed by Mr. Stacey about six months.
By the COURT. It was a dark, wet night—there was a large lamp with three jets about sixty yards from where I was, and ten or twelve yards from the spot where the scuffle was—the watch and chain have not been recovered.
The Prisoner's Statement before the Magistrate. "I never put a hand on the old man. I wish to call witnesses to character."
The Prisoner received a good character.
NOT GUILTY .
MR. HEWICK Prosecuted.
JAMES SPEIR . I am a merchant, of 5, Arthur Street East—on 3rd September, between 8 and 9 o'clock, I was going to Brixton, and left the train at Loughborough Park Station—I met a soldier, and asked him to show me the way to St. John's Road, Brixton, and I said "You can
have a glass of beer for yourself if you like"—after leaving the refreshment bar I took out my watch to see the time, aid the soldier snatched it from my hand, and wrenched it from my chain—it was secured by a swivel—it cost 25l. about 15 years ago (produced)—he did not steal the chain—I cannot identify him—I only saw him for a minute—I ran after him, and fell and hurt my knees very seriously—I ascertained the number of the watch by going to the watchmaker who cleaned it, and gave information—there were a great many others in the public-house.
Cross-examined by the Prisoner. We did not hare more than one glass of beer—we did not go to the White Horse—I did not take you into the rear, and take liberties with you—we did not go up by Loughborough Road to another public-house—I did not pull you down—I did not give you the watch, and say "You can make a few shillings by it if you like."
WILLIAM G. ELDRED . I am manager to Mr. Sutton, of 17, Stock, bridge Terrace, Pimlico—on 6th September Bowering, the drummer, brought this watch to me, and asked me to lend him a sovereign on it—he was with another soldier—I afterwards gave information to the police.
WALTER BOWERING . I am a drummer in the 2nd Battalion Coldstream Guards—on 6th September the prisoner said to me "Will you pawn this watch for me? ask 1l. on it, and don't take less than 12s., as it is to settle a wager"—I endeavoured to do so, but Mr. Eldred asked me to whom it belonged—I said "Myself," and he stopped me, and send for a policeman—I was taken into custody, and gave information to the police—I was detained at the station while the prisoner was sent for.
JOHN MILLER (Policeman B 381). On 6th September, about 1.30, I was called to Mr. Sutton's shop, and this gold watch was handed to me—I took Bowering to the station—I then went to the Wellington Barracks to make inquiries, where I saw the prisoner—I said "Did you send Walter Bowering with the watch to pawn?" he said "Yes, it is my own"—I said "How long have you had it?" he said four years, before ever I was a soldier"—I took him to the station—the inspector asked him where he got it from, and showed him the watch—he said "I got it from a gentleman; I gave him a trifle for it"—the inspector said "How much did you give for it?" he said "I refuse to say"—the inspector said "What is the name of the gentleman?" he said "I don't know."
COLIN CHISHOLME (Inspector B). I was on duty at Cottage Road Policestation on 6th September, when the prisoner was brought there—I have heard Miller's evidence, and corroborate it—I took down the prisoner's statement—it was in answer to questions—I asked Bowering to account for the possession of the watch, which he did as he has done in Court—I then asked the prisoner, "Is this your watch?"—he said, "Yes," and then I put the rest down—I did not threaten him at all—this is his statement: "I bought the gold watch found in the possession of Drummer Walter Bowering about eight or nine days back, from a gentleman who I know by sight, but I don't know his address. I met him in a public-house over Westminster Bridge, where I went to have a glass of ale; I do not know the name of the house. I was in the house before the gentleman entered. I decline to say how much I gave for the watch. He
showed me the watch and I asked him if he wanted to sell it. He said, I don't care whether I will or not.' I did not offer him any particular amount but gave him some money." Just at that point I received information that the watch had been stolen—he then said, "I was waiting for a girl at Lougborough Park Station when a gentleman came up to me and said, 'Well soldier are you going to have glass of ale?' we went into a public-house; I went to the rear; the gentleman followed me, and commenced to *** I said, 'Don't do that, or also I will give you into custody.' *** We then came out, and he gave me the watch."
Prisoner's Defence. This is the first time I have been in trouble and I hope it will he the last. I shall never come before you any more. I should have a good-conduct mark soon if I am discharged.
GUILTY . Fifteen Months' Hard Labour. The Labour. The witness Eldred was com-mended by the Court for hit conduct.
WILLAM JAMES HARRIS I live at 32 Brunswick Court—on 1st September, about 8 p.m., I saw the prisoner in Tooley Street—he gave me a florin and asked me to get him a two penny cigar at the Southwark Arms—I did so; the barman gave me the change; I found the prisoner where I had left him, and gave him the change and the cigar—he then asked me to go to the anti-Gallican beershop for half an ounce of tobacco and gave me another florin: I did so; the barman gave me the change, and I gave it to the prisoner, with the tobacco—he then gave me another florin, and asked me to get another half-ounce of tobacco and a long pipe at the Southwark Arms—I went there again; the landlord locked as the florin, asked me some questions, and went out with me; the prisoner was not there; I could not find him—I went home, and was shortly after wards fetched to the station, where I picked the prisoner out from several others—I had not known him before, but he told me he used to live down our street, and he turned out hit pockets and showed me a hole in one—I am certain he is the person.
THOMAS DANE . I keep the Southwark Arms, Tooley Street—on 1st September, near 8 o'clock, I was in the bar; Harris came in for half an ounce of tobacco and a pipe; I served him; he gave me a bad florin—I questioned him, and went with him into Tooley Street, but did not find the person he wanted-in consequence of what he said I went to the Anti-Gallican, and had a conversation with the barman—I then went to the station, marked the florin, and gave it to Halliman.
JAMES LEARY . I live at 13, Gibbons Rents, Bermondsey, and shall be 12 years old next February—on 1st September, about 9 p.m. I saw the prisoner at the corner of Magdalen Street; I did not know him before—he said "Will you get me half an ounce of tobacco and a long pipe over the way;" that was the Anti-Gallican beershop—he gave me a florin—I offered it, the barman kept it, and sent for a policeman.—I went with the policeman to where I had left the prisoner, but could not find him—I walked about looking for him, and about a quarter of an hour afterwards
saw him in Tooley Street, and the policeman took him—I am sure he is the man.
ROBERT PIGEON . I am barman at the Anti-Gallican—on 1st September about 8 p.m., I served Harris with half an ounce of tobacco and a long pipe; he gave me a florin; I put it in the till with some smaller money, and gave him the change—there was some smaller money there, and two half-crowns, but no florins-about half an hour afterwards Leary came in for half an ounce of tobacco and a long; pipe, and tendered a bad florin—I sent for Halliman, and gave it to him—I then examined the other florin; it was rather light, but I was busy—when I saw it was bad I handed it to Mr. Salter—I am sure it is the one Harris gave me.
JAMES HALLIMAN (Policeman M 142). On 1st September, about 9.45, I was called to the Anti Gallican-Leary made a statement to me, and I went out with him, and he pointed out the prisoner in Tooley Street—I asked him if he had any counterfeit coin in his possession; he said "No"—I told him to let me search him; he had his right hand in his trousers pocket, and kept shuffling about—I told him to take it out, but he did not—I took it out, and found four shillings and six sixpences in his hand—I then put my hand into the same pocket, and found a hole in it; I shook his trousers, and this bad florin fell down his leg to the ground; he said that it did not belong to him—I took him to the station, and found this cigar on him—he was placed with three others, and Halliman picked him out the moment he came in—I received this florin from Pigeon, this other from Salter, and this other from Dane.
The Prisoner's Statement before the Magistrate. "I don't know the people."
GUILTY .*— Eighteen Months' Hard Labour.
ADJOUNED TO MONDAY, OCTOBER 17TH 1881.