CENTRAL CRIMINAL COURT
FIRST SESSION, HELD NOVEMBER 21ST, 1881.
MINUTES OF EVIDENCE.
TAKEN IN SHORT-HAND, BY
JAMES DROVER BARNETT
Short-hand Writers to the Court,
ROLLS CHAMBERS, No. 89, CHANCERY LANE.
THE POINTS OF LAW AND PRACTICE
REVISED AND EDITED BY
EDWARD T. E. BESLEY, ESQ.,
OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.
SESSIONS I, TO VI.
STEVENS AND SONS, 119, CHANCERY LANE,
Law Booksellers and Publishers.
On the Queen's Commission of
OYER AND TERMINER AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, November 21st, 1881, and following days,
BEFORE THE RIGHT HON. JOHN WHITTAKER ELLIS, LORD MAYOR of the City of London; The Hon. Sir HENRY HAWKINS , Knt., one of the Justices of the High Court of Justice; THOMAS QUESTED FINNIS, Esq., Sir ROBERT WALTER GARDEN , Knt., M.P., WILLIAM LAWRENCE , Esq., M.P., Sir THOMAS DAKIN , Knt., DAVID HENRY STONE , Esq., Sir THOMAS WHITE , Knt., and Sir FRANCIS WYATT TRUSCOTT, Knt., Aldermen of the said City; Sir THOYAS CHAMBERS, Knt., Q.C., M.P., Recorder of the said City; WILLIAM WALKER , Esq., one other of the Aldermen of the said City; Sir WILLIAM THOMAS CHARLEY , Knt., Q.C., D.C.L., Common Serjeant of the said City; and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court: Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
JABEZ MCDIARMID, Esq.,
CENTRAL CRIMINAL COURT.
ELLIS, MAYOR. FIRST SESSION.
A star (*) denotes that prisoners have been previously fa custody—two start (**) that they have been more than once in custody—a dagger (†) that they are known to be the associates of bad characters—the figures after the name in the'indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, November 21st, 1881.
Before Mr. Recorder.
Messrs. POLAND and MONTAGU WILLIAMS Prosecuted; MR. HORACE AVORY
FRANK BEATON . I am a licensed victualler of 91, Long Acre—on 16th. August, Wilson and Walwyn came into my house accompanied by another man whom Walwyn called Captain Lee—Wilson asked me for apen and ink—he brought a cheque book out of his pocket, and wrote this cheque. (This was on the Henrietta Street, Covent Garden branch of the London and County Bank, dated 16th August, for 20l., payable to G. Phillips, Esq., or order, by A. C. Bruce, and endorsed G. Phillips)—when he had written it he handed it to Captain Lee—there was a brougham at the door with a lady in it—he said "I often lent Captain Lee money, and he will pay"—he did not ask me to cash the cheque—Lee got into the brougham and left with the lady—the prisoners stayed in my house—the next day the lady brought the cheque and showed it to me—I recognised it as the one that Wilson had written at my house.
Cross-examined by MR. AVORY. The prisoners were in my house before Lee came in—they did not come in with him—I cannot swear whether Walwyn and Wilson entered together—Walwyn has been a customer—Wilson brought out the cheque book from his pocket.
Cross-examined by Wilson. I know Mr. Fulton, solicitor, of Long Acre—I do not recollect whether you asked for Mr. Fulton when you arrived at my house—you took an agreement out of your pocket and showed it to me—you said you wanted to see Mr. Fulton about it—you did not write a letter in my house—Lee and Walwyn may hare ordered something to drink—the cheque was not endorsed before Lee got into the carriage—after they had gone we had a conversation about air. Lowman—I heard that you held a good situation—you came in next morning—Lee did not
hand you'the cheque—I saw you tear it out of the cheque book—it was a bluish green book.
ESTHER TURNER . I live at 18, Wilton Place, Hans Place, Chelsea—on 16th August I was at Mr. Bead's in Long Acre, and a man named Lee spoke to me, and subsequently got into my brougham—he said something to me about a cheque, and I took him home, and Mrs. Cook, my landlady, gave him 5l. on it—this is tha cheque for 20l.—I took it to the bank at Covent Garden, and it was returned to me as it is now marked "No account"—the endorsement was on it when I took it to the bank—I subsequently went to Beaton's to see if anything was known there about the cheque, and nothing was known about it—I have never seen Lee since.
Cross-examined by MR. AVORY. It was on the following day I drove to Beaton's—I think it was the 16th August that Lee first spoke to me about the cheque and got into the brougham—it was half-past three when I left Beaton'a with Lee.
Cross-examined by Wilson. I arrived at Mr. Read's about 2 o'clock—I saw Lee on the opposite side of the road in Long Acre—I knew him well by sight, but not to speak to—he got into the carriage, and as I had to order a dress he left me, and said he had to see a friend, and he went to Mr. Beaton's—I did not see the cheque till he came back from Beaton's—he then said he had a cheque to change, and it was past four, and the banks were then closed—I drove him home, and asked my landlady to change it.
SUSAN COOK . I live at 18, Walton Place, Hans Place, Chelsea, and am the wife of Thomas Cook—on 16th August Miss Turner brought a man to my house, and gave me a cheque, and I gave her 5l. for it—the cheque has been returned from the bank marked no account.
ARTHUR HUGHES . I am an ironmonger living at 37, Drury Lane—in August last Walwyn owed my father 20l.—I had seen him once before,—on the 16th August he came to my shop, and brought me this cheque for 30l., and said he had come to pay the debt which was due to my father (The cheque was on a similar form to the last, dated 16th August, 1881, "Pay Mr. Thomas P. Walwyn 30l.," and signed Alexander C. Druci)—it was not endorsed at that time—I told him to do so, and he was Thomas P. Walwyn., 15, Stratford Place, Walworth—I gave him change—the cheque was sent in due course to the London and West-minster Bank, and was returned marked "No account"—he gave me the cheque before 1 o'clock.
Cross-examined by MR. AVORT. I did not know Walwyn—I had seen him the day before—he had known my father for some time I believe.
MARY ANN HICKS . I am the wife of William Richard Hicks, of 33, Heron Road, Herne Hill—Walwyn lodged at my house for about four years, and left on 24th August, 1880—he was in debt to me then, and I detained his luggage in consequence—on the 8th August, 1880, he came for his luggage—I knew Wilson by sight, he had come with Walwyn on 12th July, 1880, and said he was Walwyn's solicitor—a man of the name of Newmarch came with him on 8th August, 1881—Walwyn said he was his cousin—Newmarch filled up this cheque for 6l. 17s. 3d., and gave it me in Walwyn's presence to redeem the luggage—he only filled in the body of the cheque—there was a signature there when he did so—I gave the luggage up—the cheque was presented in due course, and returned marked as it is now "No account" (this cheque was dated 28th August,
signed Ernest Richardson, and endorsed William Hicks and H. W, Neville)—Walwyn said nothing as to who Richardson was.
Cross-examined by MR. AYOBT. This was the exact amount that was due to me—I gave all the things up—some of them we had pawned, but I gave the tickets and the amount for which we pledged them to Newmarch, because Walwyn said he was not to be trusted with money—Walwyn said his uncle had given him the cheque, and Newmarch said his father had.
Cross-examined by Wilson, There was no cheque offered on the 12th August when you came—you were not there when this cheque was offered.
WILLIAM RICHARD HICKS . I live at 35, Heron Road, Herne Hill—Walwyn lodged with me for four years—he left on the 8th August, 1881—we detained his goods—on 24th August he came for his boxes with Newmarch, who gave us this cheque for 6l. 17s. 3d.—he filled up the cheque; it was already signed; he represented himself as Walwyn's cousin—I presented the cheque, and it was returned dishonoured—Walwyn said he got the cheque from his uncle while he was lodging in our house—I saw Wilsou there, and in July, 1881, he came with Walwyn.
Cross-examined by MR. AVORY. He would not have lodged with us for four years unless he had conducted himself well—he used to go out regularly to his employment in the morning and come back in the evening—I don't know what he has been doing since.
MRS. HICKS (Recalled). The signature to the cheque is rery much like Walwyn's writing, but I could not say—I have seen him write, and" know his writing very well—I have some doubt about this.
CARLO TOBBIANI . I keep a restaurant at 385, Euston Road—Warwyn came to my house on 10th August between 6 and 7 o'clock—he said one of his friends had sent hind with this cheque, and asked me to cash it—I said at first I had no change—he said Mr. Feesey had sent him a long way, and he asked me if I could give him half, and then I want upstairs and got the whole amount and gave it him, 10l. 18s. 5d.—the next day I took it to Covent Garden, and then it was returned marked "No account (This was a cheque on the same form as the others; drawn by Hamilton Moore, payable to and endorsed by Henry Wilson.)
BYRON BLEWETT . I am a surgeon, of Leadenhall Street—I know Walwyn—in the beginning of August he called on me and gave me this cheque for 6l. 6s.—he owed me 4l. 15s. for medical attendance—I gave him a sovereign on account of the balance—he said he had been abroad and had returned, and his mother was paying his bills, and the cheques, were signed by his mother's solicitor—I remarked he must be an old man, because it was such old-fashioned hand writing—next day Newmarch brought me a note from Walwyn for the balance, which I gave him—I paid the cheque into the bank, and it was returned marked "No account". (This was on the waveform and purported to be drawn by Alexander C. Bruce.) ROBEBT HARDWIDGE. I am a cashier in the Covent Garden branch of the London and County Bank—we had a customer named William Draper, of the Pall Mall Restaurant—his account was closed in the spring of 1880—he had one of our cheque-books in the ordinary way—all these are cheques out of the book issued to Draper—all the signatures are forgeries—no such persons as Druce, Richardson, or Williamson had accounts with us.
Cross-examined by Wilson. The colour of the outside of the chequebook would be slightly green, pale.
WILLIAM DRAPER . I live at 14, Regent Street—I formerly had an account at the London and County Bank, Covent Garden branch; it was closed last year—I had a cheque-book, and there were a number of unused cheques in it—I went into liquidation, and my cheque-books and pass-book were given to Messrs. Goode and Daniel, the accountants—at that time Walwyn was a clerk of theirs, and I gave him the cheque-book with the other books.
Cross-examined by MR. AVORY. I think I handed the books over OH 18th April—Walwyn was the only person I saw for some weeks—after some time some one else was appointed.
WILLIAM BARRETT . I was formerly a clerk to Messrs. Goode and Daniel—they were the trustees to Mr. Draper's estate—I took charge of all his papers I could find—I missed a cheque-book from the papers; I first missed it in September this year—Walwyn was a clerk in the service of Messrs. Goode and Daniel for three years, and left at the end of June last year.
Cross-examined by MR. AVORY. I brought Mr. Draper's books away from the Pall Mall after it was dosed to the office—there were three cheque-books of the London and County Bank—I did not miss this cheque-book till September.
JOHN TUNBRIDGE (Police Inspector)I apprehended Wilson at a house at Fulham on 12th August at 12 o'clock at night—I told him he would be charged with others in forcing and uttering cheques—he asked me what evidence there was against him—I told him he was seen to write a cheque at Beaton's, in Long Acre—he said "On the day in question I was in the public-house talking to Beaton; I saw Lee with a woman in a cab; Walwyn was there also; I had nothing whatever to do with either of them; I might have had a drink with them, and that was all"—shortly after that he said "I never wrote out a cheque at Beaton's"—we searched the house at Fulham and also the man—we found a cash-box containing a number of letters which he said belonged to Walwyn.
Cross-examined by Wilson, I asked you for Walwyn's cheque-book—you said you had no cheque-book there; you said you had a cash-box containing letters belonging to Walwyn, which we found, and some pawntickete—I don't recollect your saying that Walwyn had left them with you on the Saturday, as he was going abroad—I don't remember asking you to write something for me; I had a piece of paper with some writing on it which you said was yours—I don't recollect your writing it in my presence—I did not tear a piece of paper out of my pocket-book and lend you a pencil to write it with—I believe the paper was handed to Mr. Wontner at the police-court; it was not put in evidence; you pushed it in, and said that was your writing, but the cheque was not—this (produced)is the paper—I may have said to Detective Berry "I hope Beaton has not made a mistake."
CHARLES BERRY (Police Sergeant). On 29th August I was in charge at Marlborough Street Police-court—at the prisoners first hearing I heard Wilson say to Walwyn "You know that when we were in Beaton's you gave Lee a blank cheque, and he filled it in"—Walwyn said "I did not give Lee a blank cheque; I shall admit my share of the business and no more; I have passed some of the cheques, but I have never wrote a
single one; you are as deep in the mud as I am in the mire, and I am as deep in the mire as you are in the mud"—"Wilson made no reply to that.
Cross-examined by MR. AYORY. This conversation was in the gaoler's room adjoining the Court; while the prisoners were waiting for the case to be called on—I was standing close to them; they saw me, and spoke loud enough for me to hear—I took a note of it at the time (products it)—I took it directly after they had finished talking in the room—I will swear the words were not "Lee is as deep in the mud as you are in the mire, and you are as deep in the mire as Lee is in the mud."
Cross-examined by Wilson. I was with Inspector Tunbridge when you were arrested—I do not remember his saying "I hope Beaton has not made a mistake"—you asked if we had arrested Lee—I did not say "We are not taking much trouble after Lee; we have got you; you will do instead"—I have known you five or six years; you held a good position at one time—three years ago you were engaged at Simpson's dining rooms—I know nothing against you—I have not lately been tried on a criminal charge.
Re-examined. I don't know what Wilson has been doing since—Lee has never been in custody—I have been nearly nine years in the force—the charge against me was for an assault; I was acquitted, and the Judge said I left the Court without a stain on my character.
ALFRED BROWN (Police Sergeant.) On 28th August last I saw Walwyn in custody at Scotland Yard—I told him I had a warrant for his arrest—I read the warrant to him relating to the 10l. 18s. 6d.—he said "Yes, it is quite right; I should like to know who has rounded on me; no one but my personal friends could have known. I never wrote the cheque, or any one of them; I will stand to what I have done, but not for what others have done. I have passed some of the cheques, but have not written one of them. George Wilson, of 82, Claybrook Road, Fulham, is the man that wrote them, and a man named Lee was with us in Long Acre when some of them were written"—I made this note at the time.
MR. POLAND proposed to put in the statement made by Walwyn before the Magistrate. MR. AVORT objected, as it did not appear to be a statement referring to this particular charge as stated in the caption, but to several charges set forth in the depositions. THE RECORDER considered the objection good, and excluded the statement.
Wilson, in his defence, alleged that he was at Beaton's on business of Ms own; that while there Walwyn and Lee, whom he had known some years, came in; that Lee asked him to lend him 2l. to go home with the lady; that he declined, and that Lee took away the cheque; and that he never had the cheque in, his possession, the only writing he did was to write a letter at the bar.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. BURN defended Newmarch.
No evidence was offered against Wilson.
WALWYN— GUILTY of uttering. NEWMARCH and
WILSON— NOT GUILTY .
There were four other indictments against the prisoners, upon which no evidence was offered.
WALWYN.— Nine Months' Hard Labour. WILSON.*— Eighteen Months' Hard Labour.
7. GEORGE EDWARD GUTERRIER (26) to two indictments for feloniously forging and uttering acceptances to two bills of exchange for 649l. 16s. 6d. and 448l. 17s. 9d.— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
8. JOHN FAIRBAIRN SCOTT (28) to seven indictments for unlawfully placing stamps upon foreign bills of exchange with intent to defraud.— Three Months' Hard Labour. And [Pleaded guilty: See original trial image.]
NEW COURT.—Monday, November 21st, 1881.
Before Mr. Common Serjeant.
MESSRS. LLOYD and R. COOKE Prosecuted.
MARIA VENNER . I am barmaid to Mr. Eade, who keeps the Red Lion, Cow Cross Street—on November 7th, about 4.15 p.m., I served the prisoner with twopennyworth of rum; he gave me a half-crown—I gave him the change, and placed it in an empty bowl—I afterwards found it was bad, and called out "Here!" as the prisoner left—he ran away, and Mr. Thompson went after him.
Cross-examined by the Prisoner. I am sure you are the man.
WILLAM THOMPSON . I am a packing-case maker, of Hornsey Road—on 7th February I was in the Red Lion, heard that a man had passed a bad coin, and ran out and saw the prisoner; he ran down Falkman's Alley, and I lost sight of him for a minute, but saw him again running in the court 100 yards ahead of me—I called "Stop thief!" and he was stopped—I took him by his collar; he said "For God's sake let me go"—I said "You must go back with me"—I took him to the shop, and Miss Venner identified him, and he was given in charge.
Cross-examined. You did not say "For God's sake let me get at him"—you had an apron on, which made you more conspicuous—no one else was running in the court.
FREDERICK EADE . I keep the Red Lion—on the evening of 7th November my barmaid called me, and I saw the prisoner through the glass of my private door, running by—Iran out, and saw him turn into Falkman's
Alley, 12 or 15 yards off—the barmaid gave me this half-crown; I gave it to the policeman—I afterwards met the prisoner in Thompson's charge.
CHARLES RAWLINSON (Policeman G 383). On 7th November, about 4.15, I was called to the Bed Lion, and found the prisoner detained there—the landlord gave him into my custody for passing the bad half-crown, which he gave me—he said "I have not been in the house before"—I found on him two shillings, a sixpence, and fourpence—going to the station, as we passed the House of Correction, Cold Bath Fields, he said "Why, that is the House of Correction; that is where I done 15 months "—I said "What for?"—he said "I was taken up forpassing bad money."
The Prisoner's Statement before the Magistrate. "I admit having the 15 months, but I am not the man who changed the bad half-crown. I never was in the public-house at all. They have made a mistake."
Prisoner's Defence. I had just come out from 15 months. I was going home with 2s. 11d. on me, and went to have something to drink, and met a man, and we had a few words. I was in the house three days, and could not come out.
GUILTY . He then PLEADED GUILTY to a conviction of a like offence at this Court in August, 1880.— Two Years' Hard Labour.
MESSRS. LLOYD and COOKE Prosecuted.
THOMAS WILLIAM MARLER . I am barman at the Bull's Head, New Oxford Street—on 2nd November, about 3.30,1 served the prisoner with threepennyworth of brandy, and he gave me a half-crown; I put it on a tray where the silver is kept, and gave her the change—no other half-crowns were there—I afterwards saw the barmaid sounding a half-crown—Mr. Clark's attention was called to it, and he found it bad—I then told him where the half-crown was, which I had taken from the prisoner, and that was found to be bad—both were given to the constable—no one came in with her, or while she was there.
LOUISE WILLIAMS . On 2nd November I was barmaid at the Bull's Head, when the prisoner came in and two men with her—she called for drink'for the three, a glass of stout, twopenny worth of whisky, and twopennyworth of gin—both the men partook of the drink—the prisoner tendered a half-crown—I called Mr. Clark and saw him bend it—he said "Is this yours, have you any more?"—I don't remember what she said, but she offered him a good shilling, he did not take it.
Cross-examined. I did not take the half-crown from your hand, it laid on the counter before you—you did not speak—I could scarcely hat what you said when you called for the drink (The prisoner had lost her voice)—your voice was very thick.
GEORGE CLARK . I keep the Bull's Head, New Oxford Street—on 2nd November my attention was called to this coin; I found it was bad, and said to the prisoner "Is this yours?"—she made no answer—I said "Have you any more of them?" and at that time Marler called my attention to a coin which he had just taken—I garotte prisoner in custody with the coins—these are them.
asked her how she became possessed of them—she made no reply—when the inspector read the charge to her at the station she said "It is a story"—her utterance was not quite so bad as it is to-day—I received a half-crown from Pearce the next morning.
ANNIE GILUGAN . I searched the prisoner at the police-station and found on her a shilling, three sixpences, a threepenny piece, and fourpence halfpenny, all good—while searching her I heard something drop, like a heavy coin—no one else was in the cell—I told the inspector.
Cross-examined. You were searched in the same cell where the policeman found the coin—you were there all night.
JOHN PEARCE (Policeman E 94). On 3rd November, about 10.20, when the prisoner left the cell, which she alone had occupied during the night, I searched it and found this half-crown under the seat in the sawdust—I handed it to the inspector on duty—this is it (produced).
Cross-examined. I saw you taken out of that cell—I had swept out the cell the previous morning, and no prisoner had been in it either day or night—I have not heard if any doctor saw you in any cell—I found the coin immediately you were taken out of the cell—it was cell No. 1.
The prisoner produced a written defence stating that she was the dupe of the men who were with her, who gave her the half-crowns for a ring.
GUILTY . She then PLEADED GUILTY** to a conviction of feloniously uttering counterfeit coin in August, 1875.— Five Years* Penal Servitude.
MESSES. LLOYD and COOKE Prosecuted.
RICHARD UPJOHN . I am a jeweller, of 135, Edgware Eoad—on Saturday, 8th October, about 8 o'clock, I sold the prisoner a watch-key, which came to 6d.; he put down a half-crown and I gave him a florin—he left and then I found the half-crown was bad—I kept it separate and gave it to the police.
Cross-examined by the Prisoner. I have not the slightest doubt about your identity—I saw you in the dock at the police-court and recognised you in a moment.
THOMAS WILLIAM JACKSON . I am the postmaster at 24, Albion Street, Paddington—on 11th October, about 3.45, I served the prisoner with four shillings and sixpence worth of stamps—he gave me a half-crown and two shillings—I told him the half-crown was bad, and broke it—he said that he had no more money—I gave him one portion back, followed him, and gave him in charge.
DANIEL KIBBY (Policeman 276). Jackson pointed out the prisoner to me—I followed him and he ran—I was in uniform—I caught him about five yards off and told him the charge—he said "lam innocent"—I said "Give me the half-crown that you uttered at Mr. Jackson's shop," and he gave me this piece—I also produce another half-crown uttered to Upjohn.
GUILTY . He was further charged with a conviction of felony at Clerkenwell in April, 1874.
produce a certificate. (This certified the conviction of Arthur Stone in April, 1874, for stealing brown holland, having been previously convicted of felony. Sentence, five years' penal servitude. ) The prisoner is the person—I identify him by his appearance, and I have seen his photograph—his licence was broken in July, 1880, when he was sentenced tothree months' hard labour for an assault, and he was sent back to do the remainder of his ticket, and he was discharged from Brixton on 19th June, 1880—I have not the slightest doubt that he is the same man—he was in my custody, and I had opportunities of observing his appearance.
GUILTY. — Fifteen Monty Hard Labour.
MESSRS. LLOYD and COOKE Prosecuted.,
JOSEPH Moss. I was a fruiterer at 39, Crown Street, Soho—on 30th October, at 6 p.m., I served the prisoner with one pound of walnuts—he gave me a half-crown and I gave him two shillings and threepence change, and put the half-crown in my pocket with some coppers—there was no other silver there—I got my lamp in about a quarter of an hour and then found the coin bad, and took it to Marlborough Street Police-station and gave it to Gethen—I saw Emma Stofiford in custody that evening at the station.
CHARLES GETHEN (Police Sergeant). On 4th October, about 6.30, Moss brought this half-crown to the station—on 14th October, when the prisoner was discharged in another case, I took Kim in custody for uttering a bad half-crown to Mrs. Windsor, ant for uttering another half-crown—he said "All right, if know what you mean; I picked them up in the street wrapped up in a piece of tissue paper—I found nothing on him.
EMMA STOFFORD . I am single, and live at 70, Dudley Street—on 4th October, about 6.30, the prisoner came up to me in prown Street, Soho, and said, "Emma, I want you to go and get me a pennyworth of aniseed"—I knew him—he gave me a cup and a half-crown—J went to Mrs. Windsor's, asked for the aniseed, and gave her the half-crown—she said that it was bad, and asked me who gave if to me—I said, "John Cummings"—she told me to go and fetch him—I went out to him and said, "Mrs. Windsor wants you"—he said, I aren't a coming"—I said, "Come on, she wants to speak to you"—he said, "I nave had some words with Mrs. Windsor, and I will not go into her house"—I said, "It is a bad half-crown"—he said, "My sister Louie gave it to me"—I was taken to the station, charged, and discharged.
EMMA WINDSOR . My husband keeps the George public-house—on 4th October I served Stofford with some aniseed—she gave me half-crown; I bent it slightly and gave her in custody—she said that she received it from Johnny Cummings.
CHARLES MCCAWLEY (Policeman E 381). Mrs. Windsor gave Stofford into my custody with this bad half-crown—she was taken to the station; Moss brought another half-crown there, and in consequence of what he said she was discharged.
Prisoner's Defence. My sister gave me 1s. to get 1lb. of sausages, and I picked up a parcel in tissue paper with two half-crowns in it; I paid one for 11b. of walnuts, and the man bounced it on the ground and said
it was all right. I gave the other to my sister. She afterwards gave me a half-crown to get some aniseed for the baby, but I did not go into the public-house myself because I am a teetotaler.
NOT GUILTY .
MESSRS. LLOYD and COOKE Prosecuted.
KATE STEWART . I am single, and serve at the King's Cross Station of the Metropolitan Railway—on 7th October, about noon, I served the prisoner with some brandy; he gave me a bad half-crown; I broke a small piece off it in the tester, gave it back to him, and told him it was bad—he said, "Oh," and gave me a good florin, and I gave him change—I kept the piece and gave it to the manager.
EMMA EVERARD . I am an assistant at Spiers and Pond's refreshment-room, Midland Railway—on 7th October the prisoner asked me for some brandy—I gave him sixpennyworth—he gave me a bad half-crown—I bent it in a brass tester, and returned it to him; he gave me a florin, and I gave him 1s. 6d. change—I told Foley.
JOHN FOLEY . I am a porter employed by Spiers and Pond—on 7th October, a little after 2 p.m., the last witness pointed out the prisoner to me half way down the platform—lie met a woman at the corner of the booking-office, and they passed through there—I spoke to Mr. Claridge, who followed them.
LEWIS HETRY CLARIDGE . I am refreshment manager at St. Pancras Railway Station—on 7th October, about 2.30, Foley spoke to me and pointed out the prisoner and a female; they loitered about and passed through the subway into the street, and walked along the Euston Road to the Euston Station—I followed them and did not lose sight of them; they went to the departure platform, and I spoke to Mr. Perry, the manager of the refreshment-rooms, and then watched them to the refreshment-bar—the woman remained outside, and the prisoner went to the bar in the hall—I went to the other bar and spoke to the barmaid Ellam, and from what I heard I returned to the bar in the hall and detained the prisoner—he was given in custody.
ELIZABETH ELLAM . I serve at the refreshment-bar at Euston Station on the platform, not in the hall—on 7th October, about 2.30, the prisoner gave me half-a-crown for some brandy—I put it in the till where there was no other half-crown, and gave him a florin change, and he left—Mr. Perry came almost immediately and spoke to me, and called my attention to the half-crown in the till—I took it out; it was bad, and the one I took from the prisoner.
Cross-examined. I am sure there was no other half-crown in the till; I had cleared it a few minutes before, and had not taken one since.
CATHERINE CONWAY . I am an assistant at the refreshment bar in the hall at Euston Station—on 7th October, about 2.30,1 served the prisoner with a glass of brandy, which came to 6d.—he gave me an old half-crown; I gave nim a florin in change, and put it in the till—there were other half-crowns there—Mr. Perry afterwards came and took this half-crown (produced) out of the till.
Cross-examined. It was not mixed with other half-crowns; it was at the top—it is an old one, of William IV.
the platform, spoke to Miss Ellam, and took a half-crown out of the till, and called her attention to it—there was other silver there, but I cannot say what—I gave the coin to a policeman; this is it (produced)—I had seen the prisoner coming out of the bar—I then went to the other bar in the hall, spoke to Miss Con way, and took this half-crown (produced) from the till—I then saw Mr. Claridge, and the prisoner was given in custody—I gave the coins to the policeman—I counted the money in the evening, and there were no bad coins.
FREDERICK ELTON (Policeman S 325). On 7th October, about 2.30, Mr. Claridge gave the prisoner into my custody, and I said, "You are given in charge for passing a bad half-crown"—he said, "I never had any bad money"—I searched him and found 10 florins, two shillings, sixpence, a threepennypieces, and twopence-halfpenny in bronze all good—the charge was read over to him at the station, and he said, "It is false; I never was at the Midland Railway Station"—Mr. Perry gave me these two half-crowns.
Prisoner's Defence. I went to the Midland Station to see a friend off for Nottingham. I was suffering from diarrhea, which was the reason I had the brandy.
GUILTY .— Fifteen Months' Hard Labour.
OLD COURT.—Tuesday, November 22nd, 1881.
Before Mr. Recorder.
15. SARAH ANN LOUIS (41) and WALTER STAFFORD (29) , Feloniously having in their possession 41 threepenny stamps which had been mutilated. MESSRS. POLAND and BESLEY Prosecuted; MESSES. MONTAGU WILLIAMS
and CHARLES MATHEWS appeared for Louis; MESSES. FULTON and
HORACE AVOEY for Stafford.
ELIZA PARSONS . I am the wife of Arthur Parsons, a butler—I did live at 9, Spencer Street, Battersea; I have moved since—on 11th August, 1879, Mrs. Louis came and took a room there, an ante-room, as a small office on the ground floor, in the name of Mrs. Jenner—she said she wanted to advertise a patented medicine and to answer her correspondents—a Mr. Brown was with her, who she said was her traveller and agent—it was Stafford—he heard what she said—no one slept on the premises—there was no bed in the room—it was only fitted up as a small office—at first they came there once or twice a week, but afterwards every day—sometimes Mrs. Louis came and sometimes Mr. Brown—the rent was 2s. 6d. a week—sometimes Mrs. Louis paid it, and Mr. Brown paid it once or twice—letters came there addressed to Dr. Jenner and John Jenner, Esq.—sometimes the letters were given to Mrs. Louis, sometimes to Mr. Brown—they continued to occupy the office for 12 months—I then told Mrs. Louis that I wanted to let three rooms on the floor, and she allowed me to let the room, and said she would pay me 2s. 6d. a week for taking in letters, which she did—a young man called for letters but I refused to give them up to any one but her—I always gave them
to her, and she always paid me, up to the time of the police coming—I did not know where she or Brown lived—I first knew that her name was Louis, I think, in 1879, but I cannot speak positively—she told me that her name was Louis, but the name of the patentee was Jenner—this is the rent-book in which the payments are entered.
Cross-examined by MR. WILLIAMS. The rooms were taken in the name of James Jenner—she represented that her husband was an invalid—the police came on Friday, 2nd September—I saw Mrs. Louis on the Friday night; she asked if any one had called, and I said "Yes," but I was not at liberty to tell her what about.
Cross-examined by MR. FULTON. I saw Stafford on the Saturday night—I told him that the police had been with a search warrant, and had looked into my cupboards—he said he thought I could tell him more—I told him to go to the police-station and they would tell him—I knew at that time that the police were watching about the place—I did not mention that to him.
Re-examined. When Mrs. Louis came on 2nd September, I think it was between 8 and 9 o'clock in the evening, she came down the basement steps; she was not there a moment—she said she had not been well.
MARY BOWE . I am the wife of Robert Rowe, a gardener, of 74, Gale Street, Chelsea—about July, 1880, I let a room to Mr. Freeman, the prisoner Stafford—it was a back bedroom on the first floor—he asked the rent—I said 5s., but I let it to him at 4s. 6d.—I believe he paid me the rent three weeks; he never slept in the room—I told him I would take his letters in if he liked for 2s. 6d. a week—he agreed tg that—he told me his name was Freeman—letters came in that name—at first he came every night and morning, and at last nearly every night—I gave him the letters—some persons from wholesale patent medicine vendors sent orders, and I told Freeman, and he brought me one large bottle and three small ones to give them—the large one was there when the officers came—I asked him to give my little boy one of the small ones, and he said I might take one of them if I would take care of the stamp and the wrapper—I used about half of that bottle—the wrapper was there when the officers came, and I gave it to them—I did not see Mrs. Louis till about six weeks before they were taken into custody—I believe she came every night; she came with Mr. Freeman, and he took the letters—I did not know where they lived.
HENRY WELLS . I live at Langton Street, and act as agent to Mr. Turner, landlord, of 9, Shalcomb Street, Chelsea—I collect the rents for that house—it is a 12-roomed house of 45l. a year; I let it to Mrs. Louis three years and two months ago—Mr. Turner let it to her by agreement—I collected the rent afterwards—I saw Mrs. Louis on every occasion; she paid the rent—I never knew what profession she was—the house was let at first to her and her mother, Mrs. Louis and Mrs. Welsh the mother is still living there—the prisoner paid the rent—no one else lived in the house to my knowledge—I have seen Stafford at the house several times, but not to interfere with the house—I knew nothing of patent medicines being made there.
Cross-examined by MR. WILLIAMS. I was examined before the Magistrate—I saw a man named Sutton there in the dock—I saw Sutton at the house and go down in the basement several times and go out again, not to stop in the house—I have known Mrs. Louis three years and two months—I have always considered her to be very respectable.
SAMUEL BUSS . I am in the service of Messrs. Edwards and Co., patent medicine vendors, Queen Victoria Street, City—they were in the habit of dealing with Mrs. Louis for Jenner's essence of phosphorus and charcoal—I produce an order of 15th August for two dozen bottles at 4s. 6d., 3l. 8s.—I paid for it—the receipt is signed S. A. Louis, 9, Spencer Street, Battersea Park—on the 16th there were also three dozen at 2s. 9d.—at the end of August some of the medicines were returned from one of our customers, and Mrs. Louis was communicated with by Mr. Kentish, and we received these letters from her (These expressed surprise at the communication, and requested to be informed in what respect the stamps were improperly charged; also stating that she was ill and unable to leave her room and stating that she would send other bottles in lieu of those improperly stamped)—on Monday, the 5th, the boy Grindley brought some bottles for the purpose of being exchanged, with this letter from Mrs. Louis—I gave him the bottles we had received from Mrs. Louis; those he brought were properly stamped—I did not write to Mrs. Louis myself; the manager, Mr. Kentish, did.
Cross-examined by MR. WILLIAMS. We had sold this patent medicine for Mrs. Louis for several years; we had not a large sale for it—it is not unusual for patent medicines to have a doctor's name to it, like Dr. Townsend's Sarsaparilla, Dr. Buchan's pills, and Dr. Coffin's.
Cross-examined by MR. FULTON. We sell patent medicines largely—we have sold Dr. Freeman's syrup of phosphorus for years, not to any extent—Dr. Jenner's is the more popular of the two.
JAMES KENTISH . I am chief warehouseman in the service of Edwards and Co.—I did not hear from a customer that some of these bottles had been improperly stamped—I was away—it was the chief clerk in the counting-house—I did not see the letter that was sent—I don't know how many bottles we had in stock—they were taken possession of by the officers—we had several in stock that had been received from Mrs. Louis. HENRY GRINDLEY. I am employed at Fenning's Wharf, Tooley Street—on the evening of 5th September about half-past five or a quarter to six I was in Queen Victoria Street, and met Stafford—I did not know him before—he had a bag resting on the ground—he asked me if I would take the bag into Thames Street just down the steps—he pointed out the place and gave me a note—I went there, and the people there took some bottles from the bag, and told me to go round to the Queen Victoria Street entrance, and I there signed the receipt and put in some other bottles—I then went to where I had left Stafford, and gave him the bag—he gave me 4d. and a glass of ale—when I gave him the bag he said "Did anybody follow you?"—I said I did not see anybody—lie said "I thought I saw somebody"
HENRY RANDALL (City Detective Sergeant). On 5th September I received instructions to keep watch on Messrs. Edwards warehouse in Queen Victoria Street—I saw Stafford standing in a doorway almost immediately opposite the back entrance of Messrs. Edwards's premises in Thames Street—in about five minutes Grindley came out of Messrs. Edwards's premises carrying a bag—he joined Stafford, and gave him the bag, and they both went into the Blackfriars public-house, and had something to drink, and Stafford gave the bag over the counter to the barman—they then left together; Grindley went away, and Stafford went up Holboro, and went to a public-house, where he joined Mrs. Louis—I then lost sight of them
for a time—about 6 o'clock I saw Stafford go to the Blackfriars public-house, and get back the bag—he then went by the Metropolitan Railway to King's Road, Chelsea—he got out at Sloane Square, and joined Mrs. Louis in King's Road, and both went together to 9, Shalcomb Street, where I left them for the night—next evening, Tuesday, I saw Stafford come into No. 9, Shalcomb Street, about 6 o'clock—the police and Mr. Link, of the Inland Revenue authorities, had taken possession of the house at that time, and I was there with a search warrant—we got access through the next house, and over the garden wall; the back door was open—there was no one in the house—I went through the house with Mr. Link—we found a great number of bottles of different sizes, and loose stamps cut—Mr. link made a more careful search than I did—we found some charcoal in a foot bath, with a stick to stir it up—some bottles were filled with it—there was a bed-room on the ground floor, and I should say the bed had been slept in by two persons—after Mr. Link had made a list of the stamps and other things, we waited to see who would come to the house—Stafford was the first to arrive, about six in the evening—he knocked at the door, and was let in by a police officer in uniform—he was given into custody—he was shown the bottles and loose stamps—Mr. Link told him he would be given into custody for having these mutilated stamps in his possession, and being concerned with Airs. Louis—he said he was very sorry, he did not know anything about it—I took him to the station, searched him, and found these papers among other things; a deposit note for 10/., three or four shillings, a postcard from Newberry's for a dozen of syrup of phosphorus at 2s. 9d., addressed to Mr. Freeman, Gale Street, and an envelope from Roberta and Co. of Cow Cross Street—Mrs. Louis arrived at the house about half an hour after Stafford—I believe one of the officers let her in—I was in the back kitchen with Stafford, and did not hear what passed—Sutton afterwards came—I searched him, and found on him a shilling and 12 duplicates.
Cross-examined by MR. WILLIAMS. I had not made Sutton's acquaintance before: I knew that there were a lot of convictions against him—I believe he has been convicted at this Court for forging trade marks on pianofortes—the police knew him as a swindler and a quack doctor—I believe he came out of prison in February last—I did not hear Mrs. Louis tell Stafford that he ought to have taken the medicine to Edwards himself and not have sent the boy with it—Sutton was charged before the Magistrate on this charge and discharged.
Cross-examined by MR. FULTON. Sutton was charged with defrauding the revenue by having mutilated stamps in his possession—I think he made no reply.
FREDERICK WILLIAM KING . I am a warehouseman to Messrs. Newberry and Sons, patent medicine vendors, 1, King Edward Street, Newgate Street—on Tuesday, 6th September, about four or half-past a hoy brought in a bag 12 bottles of Freeman's syrup of phosphorus at 2s. 9d.—I spoke to Mr. Pickering, the chief clerk, and from what he said I took in the bottles—this is one of our printed forms upon which orders are sent out—I did not pay for the bottles—I gave them to Cross, the officer, next morning.
Cross-examined by MR. FULTON. Messrs. Newberry do a considerable business in patent medicines—I don't know how long we have been selling Dr. Freeman's syrup of phosphorus—I have had it before me on other occasions—I merely received them—I examined the stamps of that
lot—that was not in consequence of instructions which I had received—I looked at the stamps in the course of business—it is the practice to look at the stamps of patent medicines on each occasion—I had examined the stamps on each occasion, and if the stamps had not been correct I should have given notice to my employer—this was the first occasion on which I had given notice of improper stamping to my employer—I don't know how many times Dr. Freemans's syrup of phosphorus has passed through my hands—I have been there three years—I examined the stamps and never observed anything wrong until this occasion.
Re-examined. I marked some of these.
EDWARD GAGE . I am in the service of Messrs. Newberry—I was there on the afternoon of 6th September, and I remember about 4 or a little after a man whom I afterwards knew as Sutton coming in to be paid for the 12 bottles of Freeman's syrup—I paid him 1l. 2s.—he gave me this receipt, which he brought with him all ready. (This had on it the stamp of Dr. Freeman, 74, Cale Street, and the date 5th was altered to 6th.)Sutton did not say who he was—he said he called for the money—the goods had been left by the boy down in the basement.
WILLIAM CROSS (City Detecitive). On Tuesday, 6th September, I was directed to watch Messrs. Newberry's premises—I first saw Sutton at about 5 in the evening standing on the opposite side of the street with two black bags in his hand—I did not know anything about him at that time, but shortly afterwards he was pointed out to me at the Blackfriars Tavern by Mr. Pickering as the man who had been in to receive the money from Newberry's—Stafford and Mrs. Louis were then with him—they were all three drink in together—they then went down to the boat at Blackfriars, and Stafford took three tickets to Chelsea, and they went on the boat there—after they got off the boat they went some distance, and then all three went into the Blantyre public-house and stopped there a short time—when they left Sutton and Mrs. Louis wen one way and Stafford another—they went up to the stores and did a bit of shopping there—I saw staffford go 9, Shalcomb Street, and afterwards I saw Mrs. Louis go there—on the following morning 12 bottles of Freeman's syrup were handed to me at Newberry's—I delivered them to the officer of the Inland Revenue.
EDWARD PICKERING . I am clerk at Messsres. Newberry's—I remember the order for 12 bottles of Freemans's syrup being given and executed—the boy delivered them—I saw the bottles afterwards and examined them—I found they only contained one half of a 3d. Stamp—I marked one of them, and it was delivered up to Cross—I then discoverd we had something under a dozen of the same preparation in stock, and they were improperly stamped—I can't say if some of them were properly stamped—the improperly stamped ones were placed aside, and we afterwards affixed the proper stamps and sold them.
HENRY YOUNG . I have been living at 7, Shalcomb Street, next door to No. 9, for about two years—I have seen the prisoners occupying No. 9—I have seen them and Dr. Sutton going in and out about three or four times a day sometimes—I know nobody else living there lately—two or three years ago the lady's mother used to be there, but I have not seen her lately—on 6th September I noticed Stafford leave the house about 10 in the morning with a black bag—I met him with Mrs. Louis—Sutton was often in and out, oftener than them a good deal.
JONATHAN LINK . I am an officer in the stamp department at Somerset House—on Saturday, 3rd September, I obtained a warrant to search No. 9, Spencer Street—I found some letters there addressed to Dr. Jenner, but nothing else material to the case—on Tuesday, the 6th September, I went to 9, Shalcomb Street, with the police officer, and made a careful search of the place—in a room on the ground floor I found 18 small bottles of Jenner's essence, and two large ones—I have them here, and six small wrappers of the small Jenners with half a stamp on—I have examined them all; they have all half a threepenny stamp; they ought to have had the full threepenny stamp—the two large Jenners at is. 6d. ought to have a sixpenny stamp or sixpennyworth of stamps—they had one threepenny stamp, and the half of another cut longways, which covered the edge of the other so as to conceal it—the 4s. 6d. one had a stamp cut vertically, and the other was put over the edge of it—I also found three half stamps and one whole one—they were wet stamps, which had been removed from bottles and put on blotting-paper to dry in one of the rooms in the basement—I found there a clean half of a threepenny stamp, which I produce—I also found the die for stamping Freeman's address in Cole Street—I also produce the licence to sell found there of Mrs. Sarah Ann Louis, of 9, Spencer Street, dated 27th October, 1880—I found a quantity of Freeman's syrup of phosphorus in course of preparation, and a number of bottles—at that time no one was in the house—Stafford was the first to come; he let himself in with a latch key—I told him that I was an officer of the Inland Revenue, and I should charge him with mutilating the stamps and defrauding the revenue, which was a felony, and he must consider himself in custody, and I handed him over to the police officer who I had there for the purpose—he said he was very sorry for it—he brought in with him two black bags; there was a bundle of wood in one—Sutton came about half an hour afterwards, and was arrested—Mrs. Louis came in about a quarter of an hour after Sutton—she was considerably confused, and said "What does it all mean, what is it all about?" and after that she said, entirely of her own accord, "It is that boy Hall that has done this"—she said he was discharged, but she did not say when—I have produced to-day the 12 bottles of Freeman's syrup sold to Newberry; all of those contain the half stamp; also those from Barclay's, nine of the 2s. 9d. and nine of the 4s. 6d. and one large one at 11s. 3d., of Jenner's; also from Lynch's, seven 2s. 9d. of Freeman's, and nine of Jenner's; and from May Roberts and Company two 2s. 9d. of Freeman's and six of Jenner's; and from Sangers' six 2s. 9d. of Freeman's and two 4s. 6d.; and from Edwards's five of Freeman's 2s. 9d., and three 2s. 9d. and nine 4s. 6d. of Jenner's—I have examined the whole of them, they all contain the half stamp instead of the full stamp, cut across, and the is. 6d. have one stamp and a half cut vertically—the 11". 9rf. from Barclay's has two complete threepenny stamps and two halves, making it appear as if there were four stamps, but making up 9d.; it ought to have 1s. worth of stamps—the stamps have no right to be cut at all; they are issued with proper amounts for the different medicines—I found this order from Barclay's on the premises.
Crosn-examined by MR. MATTEWS. The revenue would be defrauded about three halfpence a bottle—when I charged Stafford with defrauding the revenue he did not ask what I meant—I did not say so before the Magistrata—I
said "I am not sure whether he said 'I am sorry for it,' or' I am sorry to hear it'"—the solicitor seemed to prefer the work, "to hear it," and I thought it did not signify a bit.
GEORGE GROVE . I am employed at Messrs. Barclay's, wholesale patent medicine vendors—this is an order sent by our firm for one dozen 2s. 9d. Jenners, and one 1 It. ditto—I received them from Mrs. Louis—they were paid for in another department—these are the bottles—I subsequently gave them up to Mr. link—I recognise the 11s. bottle, it is an unusual shape, and it was the only 11s. one that Mrs. Louis delivered.
JOSEPH COX . I represent Lynch and Co., wholesale patent medicine vendors, Aldersgate Street—seven 2s. 9d. bottles of Freeman's syrup were handed over to the Inland Revenue, not by me—I am not the warehouseman—I can't say where they were delivered, I know nothing about them.
THOMAS PECK . I am warehouseman at Lynoh's—I produce a receipt of 21st June for a dozen of 2s. 9d. bottles of Freeman's—I did not receive them, I found them in stock—I sent them to Somerset House—I also produce a receipt for one dozen Jenners at 2s. 9d. and half a dozen at 4s. 6d.—I received those from Mrs. Louis, and she signed this receipt.
NOT GUILTY .
There were five other indictments against the prisoners the facts as to which were already proved, upon which no evidence was offered.
— NOT GUILTY .
18. JAMES WHITEHEAD (36) to stealing large quantities of calico of the London Parcels Delivery Company, having been before convictable.**— Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]
MR. J. P. GRAIN Prosecuted.
WILLIAM TOZER . I am a clerk in charge at the Crutched Friars Receiving Office of the Great Northern Railway—the prisoner was a porter under ine—the company employ the Globe Parcels Express for. the purpose of dispatching parcels they have sent to them—a bill is made out weekly and sent in, and at certain intervals we send on the money to the Globe Parcels Express to get rid of those bills—there is no stated periol when we. pay them—sometimes I sent them bv the prisoner and sometime* I paid them myself—I took a receipt on each bill—I seat the prisoner with money in May last to pay the Globe Parcels Express—I don't know the date exactly—the amount was 7l. 3s. 5d.; it was given to him in cash, and these bills of the Globe Parcels Express were handed him with the money; after that the bills were brought back by the prisoner, receipted as they are now, "Paid J. Herchelwood and Co. per J. Collins"—I don't know the writing; I had never seen it or that name
before—I handed him a further sum of 9l. 2s. 2d. on the 7th June, with these bills which I have in my hand, making that amount, and they were brought back to me by the prisoner, receipted in the same manner by the same name—on the 23rd September I handed him another sum of 22l. 5s. 1d. and the bills making that amount, and they were returned by the prisoner—I placed those bills on a file in the office—I have searched for them and cannot find them; these are copies of the bills I gave him.
Cross-examined by the Prisoner. It is not usual for a collector to call; I send the money on—I will swear no collector called on me in July about this money—no collector has called on me at all; I swear that.
HENRY COLBOUBNE . I am a clerk at the office of the Globe Parcels Delivery in St. Paul's Churchyard—Herchelwood and Co. are the proprietors of the company—we do business with the Great Northern Railway Company—we send in bills weekly—I have never received 7l. 3s. 5d., the total of this first bill—the receipt is not my signature, and I know nobody by the name of Collins in the office—I did not receive on the 23rd September the sum of 22l. 5s. 1d. in respect of a batch of bills—I have never seen the prisoner call to pay bills; I do not know him—the last witness paid an amount to me once; that is the only time I remember receiving it—usually our collector called at the Great Northern office and collected it himself.
SYDNEY SNEE . I am collector for the Globe Parcels Express—I have called at the Crutch ed Friars office of the Great Northern Company—I did not call in May: I called in July for amounts due; I saw Mr. Tozer there—I have never seen the prisoner before—I cannot exactly remember what the amounts were; they had been due before July; I did not receive them.
Cross-examined. Mr. Tozer said he had business in St. Paul's Church-yard, and would bring it when he came; he never brought it, and the amount has never been paid; it is still due.
WILLIAM TOZER (Re-examined). The last witness never saw me when he called; he has mistaken some one for me—Mr. Snee: I am certain he is the gentleman—the accounts were settled on 3rd September up to the 18th of July.
WILLIAM HARDING (City Policeman). I took the prisoner upon the warrant for embezzlement to which he has pleaded guilty—he confessed to that as he has done to-day, and gave me a list of other matters—he said "I did not receive the sum of 22l. from Mr. Tozer," and he further said "I do not know where the office of the Globe Parcels Express is; I was never there"—he also said" All the sums I have taken are in that list, and they are all small sums."
The prisoner handed in a written defence, which was a repetition of his denial as to receiving the sums in question.
WILLIAM TOZER (Re-examined). The prisoner's statement is not true—I am sure I gave him these sums in March, July, and September—these sums do not appear in any book; I do not enter daily cash—the vouchers for these sums would be the receipted bills—I am sure he is the person to whom I gave these particular sums, and I received back from him the receipts—I keep a record, and as soon as I find the money is right I destroy the paper—I have no cash-book here; I do not enter the sums in that—I do not receive definite sums from the cashier, only small sums from the public, and when I have enough in hand I send and pay the accounts—we always balance our cash every day—the prisoner handed to
me money which appeared to be due from his book, and I signed his book—the Globe Express do not collect from my office; I sent the money on to them.
NOT GUILTY . He was sentenced on the other indictment to Six Months' Hard Labour.
NEW COURT.—Tuesday, November 22nd, 1881.
Before Mr. Common Serjeant.
MESSRS. LLOYD and GOOKE Prosecuted.
RICHARD JAMES BLAKE . I am a stationer, of 141, Hampstead Road——on the 25th October the prisoner tendered me a bad naif-crown for some note paper and envelopes—I gave him in custody; he was charged and discharged.
THOMAS HOLDER (Policeman S 393). Mr. Blake gave the prisoner into my custody—he said that he knew where he got the coin, but did not name any one—the charge was read to him, and he said "I got it from a man in the market—he was remanded to the 27th, and then discharged.
MARY ANN MORRIS . I live at 12, Dean Street, Soho—on 29th October, about 7.30 p.m., I served the prisoner with a penny cake, and he gave me a florin, saying "Take a penny out of this two-shilling piece"—I bent it in the tester, but he did not see that—I told Mr. Bossie; the prisoner did not see that, but he ran out—Bossie went to the door to call Mr. Morris, and they both went out, and the prisoner was taken—I gave the florin to Mr. Bossie; this is it.
JAMES BOSSIE , I assist Mr. Morris—on 29th October the prisoner came in, and the last witness spoke to me—I spoke to Mr. Morris, who went round—I don't know whether the prisoner saw that, but he ran out—I ran alter him, calling "Stop thief"—I was not present when he was taken, as I had to go back to the shop—he was brought there in four or five minutes, and I gave the florin to Tyler.
THOMAS TYLER (Policeman C 258). I heard a cry of "Stop thief," saw the prisoner running, caught him, took him back to the shop, and he was charged—he said nothing; 4d. was found on him; he refused his address.
Prisoner's Defence. I received the coins in the Market; I am a porter there. I have an honest character.
GUILTY. Recommended to mercy by the Jury on account of his youth. — Nine Months' Hard Labour.
MESSRS. LLOYD and COOKE Prosecuted.
FREDERICK BOTTER . I am assistant at Messrs. Harley's, a chemist, of 4, Blackman Street—on 26th September, about noon, the prisoner tendered me this half-crown for twopenny worth of citrate of magnesia—I saw that it was bad and said, "Have you any smaller change?"—he said that he had no other money—I gave him in charge with the coin, but the case was not proceeded with.
EDWIN MOTT (Policeman E 489). I was called and took the prisoner—he said that he did not know the coin was bad or he would not have done it—I found no money on him—this is the half-crown; I gave it to the sergeant.
MARY ANN BROWN . My husband keeps a provision shop at 2, Clement's Inn Passage—on 28th October, between 3 and 4 p.m., I served the prisoner with a pennyworth of bread and a pennyworth of butter—he gave me a florin; I put it in my purse where I had only shillings and sixpences, and gave him the change—lie came again next day about 1.30, for some more bread and butter, and gave me a florin; I put it into the same purse; there was no other florin there or any large money—I went to the Meat Market between 2 and o'clock, tendered both the florins, and they were both bad—I described the prisoner to my. son Thomas, and on 30th October he called me into the shop, and I found the prisoner there—my husband sent for a policeman, who asked me in the prisoner's presence whether I recognised, him as the one who passed the two florins—I said "Yes," and the prisoner said that he did not know they were bad—these are them.
THOMAS BROWN . I am the son of the last witness—on 30th October, about 5.45 p.m., I served the prisoner with some boiled bacon, which came to 2 3/4 d.—he gave me a half-crown; it was bad—he said, "I will pay you if you don't like to take it"—I said, "No, all right, I will get you some change"—I told my father, and the prisoner was given in custody—my mother had described some one to me—this is the coin.
Cross-examined. You offered me a shilling, but I did not take it.
THOMAS PARSONS (Policeman E 464). I was called to this shop and took the prisoner—I asked him if he knew the half-crown was bad—he said "No"—I found on him 3 3/4 d. and a shilling—I said, "Why did you tender the half-crown when you had smaller change?"—he said, "I don't know"—Mrs. Brown gave me these two florins in the prisoner's presence, and said, "I recognise this man as passing one yesterday and one the day before"—he said nothing.
The prisoner's Statement before the Magistrate. "I assure you I did not know it was bad."
'This prisoner, in his defence, stated that he received the coins for newspapers which he sold in the streets.
GUILTY — Twelve Months' Hard Labour.
MESSRS. LLOYD and COOKE Prossecuted.
MARY ANN WITTENBERG . I am assistant to Thomas Hodges, a baker, of 33, Earl's Court Boad—on 4th November, about 6 p.m., Florence Coggan, a little girl, came in for a half-quartern of flour, and gave me a bad half-crown—the prisoner was afterwards brought to the shop, and the girl accused him of giving her the coin—he said that he did not—it was given to the constable—this is it; I know it by this scratch and "Geprgius" on it.
FLORENCE COGGAN . I live with my father at 41, Earl's Court Road—I am ten years or—on 4th November the prisoner whom I had never seen before, said, "Little girl, will you go and get half a quartern of
flour?"—I said "Yes"—he gave me a half-crown, and told me to go to Mr. Hodges's, the baker's—I went, and they said the half-crown was bad—the prisoner was brought to the shop about 6 o'clock by a police-man, and I said, "This is the half-crown you gave me"—I had it in my hand.
ADA THOMAS . I live with my father at 4, Earl's Court Road—on 4th November, about 6 o'clock, I was with Florence Coggan; she left me, and I saw the prisoner speak to her and give her something; she went to the baker's and the prisoner passed me.
JOHN THOMAS . I am twelve years old, and am the brother of the last witness—on 4th November, about 6.30, I saw the prisoner at a wheel-wright's in Earl's Court Road, not many doors from Mr. Hodges's shop—he said, "Will you get me sixpennyworth of jam tarts?" and gave me a half-crown—I said "All right;" I looked at it, and knowing that Hodges had taken bad money I told him I had not time to go, and gave it back to him.
SOPHIA READER . I live at 7, Shaftesbury Mews, and am 15 years of age—on 4th November, between 6 and 7 p.m., I saw the prisoner in Earl's Court Road—he said, "Will you run and get me three tarts?" and gave me a half-crown—I put it into his hand and said, "Is it a good one?"—he said, "Is not it?"—I said "No," and ran away.
Cross-examined. It was more smooth than a real half-crown, and greasy.
THOMAS DIXY . I am a bricklayer, of 31, Pharaoh Road, West Kensington—about 6.30 a.m. on 5th November I picked up this purse outside Mr. Scott's, my employer's door, on the kerb, near the gutter—I gave it to Mr. Scott; we examined it together; it contained seven bad half-crowns.
CHARLES CHESTER (Policeman T 308). On 4th November, about 6.15 p.m., Mrs. Hodges, of 57, Abingdon Road, spoke to me—she has also a shop at 33, Earl's Court Road—she described a man, and I found the prisoner in Earl's Court Road, nearly opposite No. 33, about 20 yards from Mr. Scott's—I said, "Are you the man who gave the little girl half a crown to purchase some flour?"—he said, "No, I have just come from King's Cross, and here k my return ticket," producing it—I took him to Mr. Scott's, and finding that Coggan did not live there I took Mm to Hodges's, the baker's, No. 33, where I saw Coggan, and said,—Is this the man who gate you the half-crown?"—she said "Yes"—I said; "Are you sure of that?"—she said, "I think so," and then she said, "He is the man"—Ada Thomas then came in and said, "That is the man who gave Florence Coggan the half-crown"—I received from Wittenberg—Dixy showed me where the purse was found? that is within 20 yards of where I took the prisoner—I found 4 1/2 d. on him—he had that red tie on.
Prisoner's Defence. These ohildren hate been put up to away what they have said; they never saw me before in their lives.
GUILTY .— Eighteen Months' Hard Labour.
MESSRS. LLOYD and COOKE Prosecuted; MR. ROMIEU Defended.
CHARLES FISH . I shall be 12 years old next month—on 17th November I was with Beale in White Conduit Street, about 7.20, and the prisoner, who I did not know, said "Will you go on an errand for me round the corner to the butter shop?"—I said "Yes"—he gave me a half-crown and said "Be quick and get a quarter of a pound of tenpenny cheese"—he promised me a halfpenny—I went and Mr. Ware asked me some questions and a policeman was sent for—I went with him and we found the prisoner at the corner of Sermon Lane—I went up to him and he said "Where hare you been all this time?"—I said "The shop was full"—I gave him the cheese—he asked me for the change, but I had none—the policeman then came up—I had left Beale with the prisoner at the beershop.
Cross-examined. It was not very dark—I did not find the prisoner where I left him—my face was blackened by a boy who was going by—I had no money of my own—the prisoner was drunk.
FREDERICK WARE . I am a cheesemonger of 28, Chapel Street, Clerkenwell—Fish came in on 17th November, about 7.20 p.m., for half a pound of tenpenny cheese, and put down a half-crown—I saw that it was bad before I took it off the counter, and asked him where he got it—he told me and I sent for a policeman, who followed a little behind the boy to the prisoner, who was brought back in ten minutes—he seemed as if he had had a little to drink, but I think he knew what he was about—I gave the half-crown to Hall—this is it.
DAVID BEALE . I was 11 last birthday—I was with Fish and met the prisoner—I saw him give Fish a half-crown, and Fish went to the cheesemonger's—the prisoner then gave me a bottle and asked me to go and get him half a quartern of the best rum, and he would give me a half-penny—I went to the Spanish Patriots, got the rum, gave the half-crown to the barmaid, and received two shillings and threepence change, which I gave to the prisoner, who I found where I had left him—he then sent me after Fish, who came back with a constable and the prisoner was taken in custody.
Cross-examined. The barmaid made no remark, but she put the half-crown on the shelf—the prisoner was not quite drunk.
LOUISA LANE . I am barmaid at the Spanish Patriots—on 17th November, about 7 o'clock, I served a boy who I cannot recognise with threepennyworth of rum—he brought one of our bottles—he gave me a half-crown, I threw it on to the top shelf and gave him the change—I saw Mr. Parker examine the cash ten minutes afterwards and found a bad half-crown—that was in consequence of a communication from Mr. Ware's son—I only took one half-crown that evening, and that was from the boy, but there was another on the shelf—I do not recognise this one.
JAMES PARKER . I am manager to Mr. Fox, who keeps the Spanish Patriots—on 17th November Mr. Ware's son spoke to me—I looked on the shelf and saw two half-crowns—this is one of them—I gave it to a constable.
Cross-examined. I may have taken the other myself.
the prisoner a piece of cheese—I went up and charged him—he said "You have made a mistake; I will make you suffer"—I took him to the shop and found threepence farthing on him, and a little drop of rum in a bottle—he had been drinking but was not drank—Parker and Ware each gave me a half-crown.
Cross-examined. I have made inquiries at the address the prisoner gave, but can find out nothing about him.
GUILTY.— Nine Months' Hard Labour.
MESSRS. LLOYD and COOEE Prosecuted.
WILLIAM SMYTHSON . I am assistant to Houghton and Gunn, stationers, 162, New Bond Street—on 18th October the prisoner came in between 12 and 1 o'clock and tendered a half-crown—I saw it was bad, showed it to Mr. Hall, and then went back to the prisoner and said "I suppose you know this is bad?"—he said "I did not; I have got good money I can give you," but he did not tender any—I said "Wait till a constable comes"—he was given in custody with the coin.
JOHN WALTER HALL . I am assistant to Houghton and Gunn—on 18th October Smythson showed me a bad half-crown, and I said to the prisoner "You know this is a bad half-crown, of course?"—he said "No, if I had I should not have given it to you"—it was given to the constable.
JESSIE ROBINSON . I am barmaid at the Jolly Farmers, Cumberland Market—on 8th November, about 2.15, the prisoner tendered me a bad florin for some whisky—I told him it was bad—he said that he took it in change for a half-sovereign at, a public-house a little lower down—he paid with good money and left.
Cross-examined by the Prisoner. I know it was bad by sounding it—I did not test it—I picked you out directly from more than half a dozen—the sergeant did not nod his head—the coin sounded dull, and it was very light.
THOMAS CHARLES JONES . I am a chemist of 12, Chalk Farm Road—on 8th November, about 5 o'clock, the prisoner tendered me a bad half-crown for threepenny worth of cubebs powder—I said "Where did you get this half-crown from?"—he said "I took it in change for a half-sovereign at a public-house at the bottom of Ludgate Hill"—I tested it, sent for a policeman, and gave him in custody, having received two. other bad half-crowns for the same quantity of the same powder—this is the coin.
Cross-examined. I had never seen you before—you did not attempt to run away.
JOHN MARJORAM (Policeman 193). On 8th November I was called and took the prisoner—he said that he got the half-crown in change for a half-sovereign at a public-house—I said "Have you got any more?"—he said "No"—he took his purse out, and he had a good half-crown, a florin, and three halfpence—Mr. Jones gave me this bad half-crown—I was at the police-court when Jessie Robinson was there—nine
or ten people were brought in—the prisoner stood where he liked, and she identified him—no one spoke to her or touched her.
Prisoner's Defence. I was never in that woman's public-house in my life. As to Bond Street, it is six or seven weeks ago, and it is not fair to bring it against me now. When I went to Mr. Jones I did not know that I had a bad half-crown on me.
GUILTY of uttering to Jones and Smythson. He then PLEADED GUILTY**† to a conviction of felony at Middlesex Sessions in April, 1879.— Eighteen Months' Imprisonment.
FOURTH COURT.—Tuesday, November 22nd 1881.
Before Robert Malcolm Kerr, Esq.
28. GEORGE BATES* (19) to stealing a purse, a piece of paper, and 11s., the property of Jemima Blackeby; and to a conviction of felony in July last, at Worship Street.— Eighteen Months' Hard Labour. [Pleaded guilty: See original trial image.]
MR. MONTAGU WILLIAMS and MR. GEOGHEGAN Prosecuted. JAMES ROBERTS. I am butler to Sir Ralph Lingen, 6, Westbourne Crescent—on 24th October I closed the house, and saw it perfectly safe—I went to bed at 11 p.m.—about 1.30 a.m. I was awoke by glass breaking, and got up, dressed myself, went out of my room on the ground floor, and saw the prisoner at the top of the kitchen stairs, breaking the glass to get his arm in to open the door between the kitchen stairs and the front hall—I rang the bell for assistance—my master came down—I went and got a constable, and the prisoner was given in charge—I found the kitchen 'skylight open, and an extra piece of string to it—the kitchen door was wrenched open—the prisoner said, "I had not time to do anything."
ALFRED CRAWLEY (Policeman X 102). About 4.30 a.m. on 25th October I heard cries of "Police!" in Westbourne Crescent—I saw Roberts, went with him to this house, and saw the prisoner standing in the hall—I told him I should take him to the station and charge him with burglary—he said, "I have not done anything; I had no time"—I took him to the station, and found on him this jemmy, chisel, screw-driver, gimlet, dark-lantern, a pair of pliers, a glazier's diamond, two knives, a piece of wire, a box of matches, and a purse with three shillings in it.
The Prisoner's Statement before the Magistrate, "The reason of my breaking into the house, which I do not deny, was to decide a bet which was made between myself and a carpenter, that I could not go through one of the houses in Westbourne Crescent, entering at the back and coming out at the front door, without detection. The opening of the spice box was done before I broke any glass, and merely as a trick to show some one had been there. The bet was the outcome of a drunken
spree carried on the night befogs. I plead guilty to the charge of entering, but not with intent to steal."
The Prisoner in his defence stated that the tools were only carpenter's tools, except the lantern, and that a burglar would not encumber himself with them GUILTY .— Twelve Months' Hard Labour.
MR. B. HICKS Prosecuted; MR. LEVEY Defended.
THOMAS FITZ FITZGERALD . I live at Tavistock Chambers, Covent Garden—I am a gentleman of independent means—about 12.30 p.m. on 5th October I was in Great St. Andrew's Street, going towards Garrick Street—I was lighting a cigar when about five or six boys fell on me in front and behind, and I could not move—I felt hands all over my pockets—I felt a snatch at my watch—my chain got disentangled from the ring of my watch, which remained—I called for the police, and the boys ran off—I do not identify the prisoner—it was very dark.
Cross-examined. A minute and a half elapsed from the time they first set on me till they ran away—I did not see some other men come up—I was tripped up, and fell on my back.
Re-examined. I lost my hat in the scuffle—it was brought to me at the station.
WILLIAM DODGE (Policeman E 362). I was on duty in Great St. Andrew's Street about 12.30 a.m. on 6th October—I saw the prisoner seize the prosecutor by his left hand and strike him several times with his fists—I was about twenty yards off—there were three or four other lads besides the prisoner—they were knocking him about in different ways—I heard cries of "Police!"—I ran after the prisoner—he ran along St. Andrew's Street, Neal Street, and Short's Gardens, and into another constable's arms—I was then ten yards off, and had run about twenty yards—I did not lose sight of him—I caught hold of him—I asked him what he had been doing; he said he had only been having a fight—I took him back—Mr. Alcoin handed a hat to me, and I asked him if he knew what occurred—the prisoner said, "Mr. Alcoin, you know me very well"—Mr. Alcoin said he did not know what had happened—I took the prisoner to the station—the prosecutor came there, and said, "I have lost my watoh chain"—I asked him if he knew the prisoner; he said, to the best of his belief he was the man—the prisoner was put in the dock and charged—I clearly saw from where I was standing, it was directly under a lamp—I saw the prisoner turn towards me—I caught him about two hundred yards from the place.
Cross-examined. I did not see his face while he was rifling the prosecutor's pockets—I caught his face when he was running away—I was coming from Seven Dials—I saw some men struggling before I heard the cry of "Police"—I followed one of the men who ran away, who turned out to be the prisoner—no men ran up when Mr. Fitzgerald was knocked down—I am quite sure of that.
NOT GUILTY .
MR. SAUNDERS Prosecuted; MR. HORACE AVORY Defended. The evidence is unfit for publication. The prisoner received a good character.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Wednesday, Nov. 23d. 1881.
(For cases tried this day, see Surrey Cases.)
NEW COURT.—Wednesday and Thursday, Nov. 23rd and 24th, 1881.
Before Mr. Recorder.
34. CHARLES WILLIAM JARVIS (32) was charged upon five indictments with forging and uttering bills of exchange and an affidavit, and with obtaining money by false pretences, upon which no evidence was offered.
NOT GUILTY . (See Vol. XCIV. p. 665.)
MESSRS. J. P. GRAIN and HORACE AVORY Prosecuted; MR. GEOGHEGAN
appeared for Fiel., MR. FILLAN for Cohen, and MR. BURNIE for Brown.
JOHN BARNES . I am a draper of 101, Lupus Street, Pimlico—on 15th September I bought two pieces of black crape making 48 yards at 2s. 6d. from a person who gave the name of Green—I sold 14 or 15 yards of it at St. 11 1/2 d. a yard, and this (produced) is the remainder—I heard of this matter and communicated with the police.
HENRY CRUTCHLEY . I am assistant to Mr. Attenborough, pawnbroker, of Greek Street, Soho—Cohen has been in the habit of pledging goods there, and on 17th September he brought a yard of crape and said, "I am told they are Courtauld's goods, and are worth 4s. a yard"—he wanted 2s. a yard, and left the sample with me to submit to our manager—he returned in two hours with the crape, but I did not speak to him—the manager took it in—on 10th October the police made inquiries, and I went with Sergeant Lawley to 21, Central Street, St. Luke's, and stayed outside No. 21 till I was called in—I then saw Cohen, and asked him if he remembered bringing the crape—he asked me who I was—I told him—he asked me to take my hat off—I did so, and he said that ho recognised me as coming from Greek Street, and said that he had brought the crape.
Cross-examined by MR. FILLAN. He said nothing untrue as far as I know—he generally dealt with Mr. Wilson, the manager, and would not recognise me so well—he has dealt there ever since I have been there, which is six years at the two houses—his father dealt with Mr. Attenborough thirty years—the dealers take in goods for people, and pawn or sell them for them—Cohen came in the same way as he has come with goods which he has pawned for other people—he told me he was pawning them for another man, that they belonged to somebody else, and he wanted to get my opinion as to the price.
ARTHUR WILSON . I am manager to Mr. Attenborough, of Greek Street, Soho—on 17th September I saw Cohen there, who I knew, and saw a sample of crape—ne left and came again in the middle of the day with 11 rolls of crape, supposed to measure 276 1/2 yards—I advanced him 13l. 10s. on them, which was about 1s. a yard—on 27th September Field came—I did not know him—he said "Will you allow me to see these goods?" producing the contract note—I said "You can if you pay the interest"—that was, I think, 4s. 6d.—he paid it—I allowed him to see the goods, and he left and came next day, paid the 13l. 10s., and took the crape away—he had a man with him—Courtauld's name was on one or two of the pieces of crape.
Cross-examined by MR. FILLAN. I have known Cohen perhaps 15 years—he has been constantly dealing with us—dealers frequently pawn as agents—his pawning them at 1s. a yard raised no suspicion in my mind that they were stolen, or I would not have taken them in—he gave his own name, and the address which he has given before, 25, Northampton Square—some of the rolls were marked "imperfect" and some of them "Courtauld"—I understood from him that he was pawning for a customer.
Re-examined. I have been with Mr. Attenborough sinced 1866, and have known Cohen ever since by that name—I do not know whether he lives at 41, Central Street, St. Luke's—he is not in the habit of going by the name of Hyman Patsey that I am aware of—25, Northampton Square, was his father's address I believe.
NOLAN GLAVE , Junior. My father has a business in Oxford Street—I have known Field about two years, as a jobbing buyer, but did not know his address—on 28th September he brought a sample half yard of crape—I said that I wanted to see the bulk—he went away and came back in about four hours with 11 rolls, about 275 yards—eight rolls are in the custody of the police, and the others have been sold—Courtauld's ticket was on them as the maker—he said that they came from a pawnbroker's—he asked 2s. 9d. a yard, I think, and I gave him 2s. 1d. by this cheque (produced)—I sold some at 3s. 11 1/2 d. and some at 2s. 11 1/2 d.
Cross-examined by MR. GEOGHEGAN. I have been in business 14 years, and the business has been established 35 years—this was an everyday transaction—2s. 1d. was a fair price for the crape, as some of it was marked imperfect—the figure on it is very fine—there is an ordinary demand for it.
Re-examined. I do not often buy Courtauld's crape from jobbing dealers—it appears in good condition—Field generally dealt in job lots; we call anything bought for cash a job lot—I said "Is it quite straight?" he said "Yes"—I said "We shan't have the detectives in here, I suppose?".—he said "No"—that was entirely a joke.
WILLIAM WOOLF . I am one of the firm of Woolf and Parish, drapers, of 80, High Street, Shoreditch—I have known Field 10 years as a draper, and originally at Tapton in Staffordshire—he is a job buyer and seller—on 10th September he brought a sample of crape, and said that he had a job lot of it, six rolls, which he could sell me—I said "Are they all alike?"—he said "Yes, I have them at the door"—he asked 2s. 9d. a yard for them—his man brought them in, and I offered him 1s. 9d.—he said that he could not take it, but he ultimately did so, and I gave him this cheque for 12l. 9s., and received this invoice—I understood him to say that he
bought them at a sale, cheap—two days afterwards I was buying crape at a Fore Street warehouse, showed them a pattern; and asked if it was Courtauld's crape—I gave information, and a detective came to my place—Field was taken there; he came in consequence of a letter I wrote to him.
Cross-examined by MR. GEOGHEGAN. He came at once in answer to my letter, but I did not mention the crape in it—I said that I wanted to see him—he came twice, and the second time he saw me—I have been in the business 10 years, and have known him all the time as a respectable man, and sold him hundreds of pounds' worth of goods—1s. 9d. was a fair price—special articles sold under pressure are sold at 50 or 60 off.
Re-examined. I was not sure it was Courtauld's crape; it had their name on it, but when things are got up for sale they are not particular about putting Courtauld's name on other people's crape—I do not know that it fairly falls inside the description of a job lot.
FREDERICK LAWLEY (Dity Detective Sergeant). On 8th October I was watching 47, St. George's Street East—Field was brought out; he only occupied a bedroom—I said "I am a police-sergeant, and have come to make inquiries from you with reference to the 27 rolls of crape which have been stolen; you have sold six rolls of that property to Mr. Woolf, of Shoreditch; can you give me any account of how you came into possession of it?"—he said "No, all the account I can give you is, I bought the ticket of a man in a public-house"—I said "Can you tell me his name, or where he lives, or where I can find him?"—he said "I have no idea"—I said "Mr. Johnstone, you hear what Field says; are you satisfied with his account?"—he said "No," and Field was then given into my custody, and I said to him "There are 27 rolls of this stuff stolen; do you know any more about it?"—he said "No, I know nothing about any more than the six rolls, which I took out from Mr. Attenborough's the pawnbroker's in Greek Street"—I said "Did you take them direct to Mr. Woolf from Mr. Attenborough's?"—he said "No, five or six days or a week afterwards"—we then went to his bedroom, and I found a piece of crape in a chest of drawers—I said "Where did you get this from?"—he said "Oh, that I have had some considerable time by me"—he was charged at the station, and made no reply—a gold watch was found on him, and a diamond ring, 18l., and a pawnticket—on 10th October I made inquiries at Mr. Attenborough's, and went from there to 25, Northampton Square, made inquiries there, and went between 11 and 12 o'clock with Davidson, two other officers, and Crutchley, to 41, Central Street, St. Luke's, a general dealer's—I went in alone, and found four men, a boy, Mrs. Cohen, the prisoner's wife, and his sister—I addressed Cohen, senior, and said "Is Hyman Cohen here?"—he said "No", he is not; he has gone up to the West End"—I went to the door, and called in the others; we went into the shop parlour, and I said to Crutchley "Do you see the man who pawned the crape?"—he Raid "Yes, there is Hyman Cohen," pointing to the prisoner; "You remember the crape you brought to our place? you came first with a sample, told us it was Courtauld's goods, and worth 4s. a yard; you asked 2s. a yard, but we only advanced 1s."——he said "Take off your hat"—Crutchley did so, and he said "Yes, I remember you; yes, I did pawn the crape"—I said to Cohen "You will have to go with me; where did you get them from?"—he said "I received them from a man they call Patsey; do go with me to him; it is hard I should bear the whole of this; give me a chance"—I said "What
is his name, and where does he live?"—he said "I don't know his name, but I can take you to the street, and showy the house"—DavidBon and the pawnbroker then went with, me to 3, Green Street, Clerkenwell, 5 or 10 minutes' walk; we waited there till 2.30, when Brown came up—I was out of sight, but I saw Davidson and Crutchley talking to him—I then said to Brown "Cohen says he, received 11 rolls of crape from you; can you give me any account of how you became possessed of it?"—he said "I know nothing about any crape; you will get nothing out of me"—I had said that I was a detective—I said "I have a man in custody, named Feild under remand; you will both be charged with him in stealing and receiving 27 rolls of crape"—they said nothing, and were taken to the station.
Cross-examined by MR. GEOGHEGAN. Field, gave his correct address, 47, St. George's Street—it is a shop—his brother occupies the whole upper part of the house I believe, and Field sleeps there—I have been twelve years in the force—I do not usually cross-examine prisoners in custody—Field did not mention the White Hart, but I have ascertained that he used to keep it—Field did not say that he met the man in the Brown Bear, Aldersgate Street.
Cross-examined by MR. FILLAN. Cohen had left Northampton Square about three weeks, but he used to live there with his father—I knocked at the door, and asked to see Cohen, and saw the family sitting quietly in their, room—I don't suppose they knew me—it is difficult for me to say whether Aaron Cohen was at the West End—I suggest that Hyman wanted to conceal himself because he was denied—the father said "Hyman Cohen is at the West End"—I stick to that—the other detectives were not there—he asked me to go with him to Patsey, and we were opposite the house he took me to when Brown came—I had not Arranged that I being in plain clothes he should go with the other detectives, and that Cohen, should accost the detective and say "Here is a, friend who wants to buy some more of the crape"—I did not believe Cohen's story—I said "Stand aside" because they looked conspicuous.
Cross-examined by M. BURNIE. I did not know Brown's name when, he came up—I have a short rough note of the conversation, but I did not make it at the time—we have no order to do so in the City.
Re-examined. I went to Northampton Square, from information from Attenborough's, and they had left there three weeks before.
— DAVISON (Police Sergeant). On 10th October I went with Sergeant Lawley to Queen Street; I took charge of Cohen at the corner of Queen Street, and was standing there with him in custody when Brown turned the corner of the street, and Cohen said, "Halloa, Patsey, how are you?"—Cohen said, "How are you getting on? I have not seen you for some time; will you have a glass of ale?"—Brown and Cohen walked across the road in the direction of a public-house, and as I walked by Cohen's side he said, "You remember that crape I had of you?"—Brown said, "What crape?"—Cohen said, "That crape that I pawned at Attenborough's for you; I have got a friend with me who will buy some of it if you have any left"—Brown said, "Yes, well"—Lawley then came up, and Brown made no further remark—they were taken to the station, and next day, as I took him to Guildhall Police-court, Brown paid, "I don't know anything about this crape any further than that Cohen brought it to my place, early one morning, left it there a few minutes, and then brought a cab and took it away.
Cross-examined by MR. GEOGHEGAN. I know Mr. Hall, a draper, of Whitecross Street; I called there after Field was in custody, and asked him why he did not buy the crape; he said, "I really do not want it, and I think it looked very funny."
Cross-examined by MR. FILLAN. I did not go to Northampton Square; I went to 41, Central Street, and watched the house—I did not go in with Lawley—Lawley afterwards called Mr. Grutchley in—I saw Cohen look across when Lawley came up, and he stopped suddenly and backed out of the circle as if he thought Brown was going to strike him—I did not believe his story, and went there that it should be verified—it was not arranged that he should see his friend who wanted to buy the crape.
ALFRED SCRIVENER (City Policeman). On 8th October I took Field at Messrs. Woolf and Parish's; I told him I was an officer from the City, and wanted to inquire about six pieces of crape which he had sold to Messrs. Woolf—he said, "They came from Attenborough's, in Greek Street, Soho; I bought the ticket of a man I did not know, who used to use my house when I was in the public line, and I don't know his address"—I took him in a cab to where Lawley was waiting for him.
Cross-examined by MR. GEOGHEGAN. A list is sent to the police, of missing and stolen property, describing the marks on it.
GEORGE JOHNSON . I am warehouseman to Henry Taylor and others who trade as Courtauld and Co., in the crape line—I missed 27 rolls of crape in September, the greater part of which had been set aside waiting orders—these six rolls produced by Woolf are a portion of them; also these eight rolls produced by Glave—I have seen the papers containing the two rolls from Mr. Barnes, and say the same, and this piece found in Field's bedroom is similar in quality.
Cross-examined by MR. GEOGHEGAN. We sell hundreds of rolls a year—we sell job lots at half the price which they were got up for—a job lot is understood to be imperfect goods, but in the trade we consider them to be inferior and unfinished, but not imperfect—I should not call the surplus of an overstocked market a job lot—we make very fine crape for the Fore Street Warehouse Company—if we executed an order for them and had a surplus we should not sell it as a job lot, we should keep it in stock—I do not know the retail price—some of this crape is imperfect—I saw it safe in August, and some of it on 9th September—there are about 70 kinds of crape, varying from 1s. 2d. to 15s. a yard; the price depends upon whether the figure is fashionable; sometimes we make a larger figure than at others—the price does not depend upon the fashion or the time of year.
Cross-examined by MR. FILLAN. We do sell job lots sometimes at half price—it requires some experience to distinguish between the best and the commoner.
Re-examined. The average price is about 3s. 6d. per yard, and the value of the 27 rolls is about 113l.; they are new goods, and were actually sold.
Brown's Statement before the Magistrate, "I am here on Cohen's word alone."
Witnesses for the Defence.
it—I knew Cohen's mother one or two months—I know the woman Brown is courting—Brown offered me a beautiful piece of crape, which he said would make me a dress; I think that was on a Thursday, five weeks ago.
MARY AUN COHEN . I am Cohen's sister, and live at Northampton Square—one Saturday in September Mr. Ferguson called—I had known him some time, he used to work for my father, but had left about two years—I answered the door—he asked if any of my boothers were in—I said that that they were in bed—my brother Hyman Cohen was too tired to get up, but he saw him in my presence, and said "I have a lot of crape, if you can sell it;" Hyman said "I don't think I can sell it, because I do not know anybody who will buy crape, but I can pawn it;" and he said he knew a man who had a lot of crape similar to that, showing the sample—he has been in the employ of my brother and father ever since I can remember—Ferguson and my brother went out together—I was in the room when Lawley came in with two young gentlemen, one of whom I keep company with—we all understood Lawley to refer to my brother Aaron; he was out at the West End.
Cross-examined by MR. GRAIN. I call the West End up by Leicester Square—I do not know what Aaron was doing there—he was not at the Alhambra, he is always home too early for that; he did not oome home at all that night—I have not seen Ferguson since: he has gone away—I do not know where he lived, but I had an idea that it was over Victoria, way—I was in his company once, but I could not find his house or the number—the boys were in bed when Ferguson came; it was 8 a.m.; they never hurry themselves up on Saturday—I never heard of Brown till this matter—I have heard the name of Patsey mentioned, but not till Ferguson introduced him—my brothers are both dealers—I never knew my brother Henry to deal in crape before.
Cross-examined by MR. BURNIE. I have known the last witness about three months.
Re-examined by MR. FILLAN. My father and I have tried to find Ferguson ince this matter, but have not been able.
CHARLES JACOBS . I have an income from my father, and live at 17, Noble Street, Goswell Road—my two brothers are trustees; they are fruiterers in Bussell Street, Covent Garden—I remember seeing Henry Cohen in September near Greek Street, Soho—he said that he had pawned some crape for a man, and was going to a public-house to pay him—I went to the public-house with him, and saw Brown there, and Cohen paid him two notes and some gold and silver and a piece of paper—I heard Cohen remark "Only 5s.," after the money passed—I was drinking there—I was subpoenaed to the police-court and here.
Cross-examined by MR. GRAIN. I go racing sometimes—my independent income is 75l. a year, and is quite enough to keep me—I do not go racing to increase it; I only go to races if I have a few shillings to spare—I have known Cohen a little over two years—this was on Saturday, 17th September—I met Brown and some other men at the public-house—I heard Cowen say to Brown "You will get 13l. 10s. on the crape"—I do not know Ferguson, I never hard of Hun—Cohen did not tell me where lie got the crape from he had pawned; he did not say that he got it from Brown; it is my idea that Brown had sent him to pawn it—I slept at Noble Street last night—I am single—I have said that I go there very
casually, and that I sometimes sleep at coffee-houses—I hare a bedroom in Noble Street; which I take by the week, if I want to sleep there—I said at the police-court that I had not slept at Noble Street constantly for two months-if I am wanted they can find me there.
Cross-examined by MR. BURNIE. I have said "I cannot tell where I do live before that I slept on and off at different places."
Field received a good character.
GUILTY of receiving. BROWN then PLEADED GUILTY** to a conviction off felony at Clerkenwell in October, 1870. FIELD, and COHEN— Eighteen Months' Hard Labour. BROWN— Seven Years' Penal Servitude.
MR. PURCEELL prosecuted; MR. CHARLES Defended.
The Jury after hearing a portion of the evidence, stopped the case, stating that as in their opinion the injury was earned by accident, they found the prisoner
NOT GUILTY .
THIRD COURT.—Wednesday, November 23rd, 1881.
Before Mr. Common Sergeant.
37. HENRY FIELDING** (46) PLEADED GUILTY to burglarioualy breaking and entering the dwelling-house of Mary Ann Blackman, with intent to steal, having been convicted at this Court in January, 1878 in the name of James Stephens— Two Years' Hard Labour. And
Twelve Months' Hard labour. [Pleaded guilty: See original trial image.]
39. WILLIAM WALLER (31), FRANCIS LEGGATT (32), GEORGE BRAND (28), and EDWARD FRANCIS LISTER (22) , Burglariously breaking and entering the dwelling-house of, Albert Pratt, and stealing six hams, his property. Second count, receiving.
MR. THORNE COLE Prosecuted.
ALBERT PRATT . I am dairyman at 4, Burton Crescent—about 6.15 a.m. on 11th October my milkman rang my bell, and drew my, attention to the shop door, which iad been broken open by some instrument; the top bolt Was broken, and the catch in the middle of the door and an inch and a half of wood were broken from the centre, as if cut out by some sharp instrument—I had seen it bolted about 11, 30—I missed from the shop six hams, value 2l. 16s.—I communicated with the police—I saw a portion of the hams at the police-court, which I identitified one ham and two halves; one half was cooked—I know Waller and Leggatt by sight—South Crescent Mews is about 200 yards from my shop—Leggatt is not a customer, but he came down for Mr. Brown's milk; Mr. Brown keeps the Carpenters'Arms.
Cross-examined by Lister. I swear to the hams by the way they are hooked; not one cheesemonger out of 40 would hook their hams as I do, at the side.
THOMAS DAVIS . I am a cab-washer, of 2, Margaret Row, Marchmont Street, burton Crescent—I saw Brand and Lister in South Crescent Mews on 11th October, a few minutes after 6 a.m.; Walter and Leggatt had come a few minutes before—Brand asked Waller "Will you buy some
hams?" he had two in his hand—Lister had some in a white cloth on his shoulder—Leggatt was not present—Waller said "I do not want anything to do with them"—Lister had also got a small piece of iron, about 18 inches long—Brand said "Will you buy the two for 5s.?"—Waller said "No, I do not want them, it I have any truck at all with you I will give you 4s. for them"—then Brand asked me whether I would have them; I said "No"—he said "Will you have one at the same price, 2s.?" I said "No, I will have no truck with them, I do not want to get into any trouble."
Cross-examined by Waller. I washed cabs with you; you were my mate.
Cross-examined by Brand. You asked me to lend you a sack; I told you I would not give you one, and went on washing the cab—I did not say "I have no money, or I would buy one"—I did not have the handling of the hams—I did not hold the sack up whilst the hams were put In—I was washing the cab when you and Lister were putting the hams in a sack, the ones that, were not purchased—4s. passed from Waller to Brand, and the hams from Brand to Waller.
Cross-examined by Lister. I did not tell Brand to take a sack off a cab—I did not say there was one at the bottom of the yard.
By the COURT. Leggatt was his own stables when the hams were sold.
RICHARD BENBOW . I am a horse keeper at 49, Euston Street, Euston Square—on 11th October I went to work at South Crescent Mews—I saw Brand and Lister in the top stable, near the pump; Brand had two hams in his left hand, and a bit of iron, about 18 inches long, in his right hand—this was at the stable-door—Waller and Davis were washing a cab outside the stable—Brand asked me where the copper was, meaning the policeman; I said "I don't know"—Waller told me not to start work—I was on the other side of the cab—I went upstairs, and saw the foreman—I afterwards that morning saw Brand and Lister in Euston Street about 10 minutes to 10.
Cross-examined by Brand. When you came down the yard I was not standing with my hands in my pocket—I walked down the yard when you were there—I spoke to nobody before you spoke to me—it was on the Tuesday I saw you go down the yard.
Cross-examined by Lister. I saw you in the Euston Road just opposite the corner.
JULIUS BROWN . I am a cab proprietor, of 62, Judd Street, Euston Road—on Tuesday, 11th October, I saw Leggatt about 7 a.m. at the stable at Crescent Mews; he said "I have got a ham I bought for 2s., if you like you can have it for half a crown;" I said "I do not want, anything to do with it"—he said "Take part of it;" I said "I do not care anything about it, very likely it is not good at the price"—about 10 minutes afterwards he cut a part off, and I gave him 15d. for it—the ham was like the one produced—I took it to the station about 2 p.m. the same day.
ALBERT PRATT here pointed out marks where he had hooked the hams. GEORGE BROWN. I am a licensed victualler, of the Plasterers' Arms, Seymour Street, Euston Square—on 11th October, between 5.30 and 6.30 a.m., Brand came and asked me if I would buy a ham; I said "No"—he had a sack.
Cross-examined by Brand. I did not tell the Magistrate you had no sack—I saw nothing of the ham.
ROBERT BURNIE (Policeman 299). On this Tuesday morning, about 11 o'clock, I was off duty in South Crescent Mews—I heard a conversation in consequence of which I went to Waller's house, which is about 400 yards from the prosecutor's shop—I saw Waller in bed between 12 and 1; he was asleep; I awoke him—I found this ham on the table—I said "I shall take you in custody for being concerned with others in stealing hams from 4, Crescent Place;" he said "I know nothing about it, I bought it for 4s. from two men that came down the mews at 5.30 this morning"—I asked him if he had any more; he hesitated, and then said "No, Frank Leggatt has got it"—I took him to the station.
Cross-examined by Waller. You did not say "I bought them as they were sold to me cheap," nor "I gave 4s. for the two."
Cross-examined by Leggatt. You are a hard-working man, owning a cab.
WILLIAM SHERWOOD (Policeman E 135). I accompanied Burnie to Waller's house—I saw him in bed asleep, and a ham lying on a table near the window—Burnie awoke him, and said "Have you any hams?" he said "Yes, it is on the table there, I bought it at the mews about 5.30 this morning"—Burnie said "Have you any other?" he said he had two, but he had sold one to Leggatt—I went to Leggatt's house at 3, Margaret Eoad, Burton Crescent, and saw Leggatt at the first-floor window, looking out—I was going down the court—I said "I want to speak to you, will you come down?" he said "All right"—I waited a few minutes, but finding he did not come down I went upstairs; he opened the door, and I said "I am given to understand you have some hams"—he said "No, I have not;" I said "You had better speak the truth, Waller told me this morning you bought one of him"—he said "Very well," and went to the cupboard and produced half a ham cooked—I asked him how he came by it; he said he bought it of Waller for 2s.—I asked him what had become of the other half; he said he sold it to a Mr. Brown for 15d.—I said I should have to take him to the station and charge him with being concerned with others in stealing hams—he said "Very well, I suppose I must go"—at the station he said he had bought one ham of Waller in the mews for 2s., but he did not know anything about the robbery; that was after he was formally charged—he said nothing about seeing anybody in the mews, nor about a sack.
Cross-examined by Leggatt. I could not see whether your door was locked, but there was some difficulty in opening it—I waited while you dressed.
CHARLES TOWNER (Police Sergeant E). On Wednesday, 12th October, I went to 131, Drummond Street, a little before 6 a.m.—Brand was there—I told him I should take him for being concerned with others in burglariously breaking into 4, Crescent Place, and stealing a quantity of hams during the night of the previous Monday—he said "I know nothing about it," and "On Tuesday morning, about 6 o'clock, I saw a man down South Crescent Mews with some hams; he asked me to hold them, I did so, and at the same time he sold two to Starchie for 4s."—Starchie is Waller.
Cross-examined. You were in bed—you got up and came with me—you never told me you bought them cheap.
WILLIAM BBOWN (Policeman E 165). I took Lister on the morning of the 21st October—I said "Lister, I want you for committing a burglary at 4, Burton Place, Burton Crescent, on the night of the 11th"—he made no reply—I had been looking for him, and could not find him.
JAMES SCANDRETT (Detective Sergeant E). On Tuesday evening, 11th October, I examined the prosecutor's premises about 9 a.m.; the door had been burst open, there was a mark on the side about an inch wide, which might have been made by the sharp end of a jemmy—the bolts were forced—one of the bolts and a lock appeared to be raised up a little from the door—I heard Towner's evidence, and agree with it.
Waller's Defence. I bought them of a man who said he bought them cheap, and could afford to sell them cheap. I know nothing about the price of hams.
Leggatt's Defence. I bought it of Waller. Having a wife and two children I thought it would do me good. I was not there when Waller bought them; it was an hour and a half before it came into my possession.
Brand Defence. I had nine years and ten months' character to get me a licence. I met this man, and was asked to borrow a sack, and he sold me two hams. I have been at work eight years night and day with a cab, and hare never been convicted. I had no idea of breaking into the place.
Lister's Defence. I met two men I know very well in the Caledonian Road. They asked me to buy some hams, and I gave 9s. for five. I asked Brand to get me a sack, and sold him two for 4s., and I put them in a sack with him. I had no jemmy; it was the handle of a whip which I was going to have spliced. I did not know the hams were stolen. Waller, Leggatt, and Brand received good characters. WALLER and LEGGATT— NOT GUILTY . BRAND and
LISTER— GUILTY of receiving.
BRAND —Twelve Months' Hard Labour.
LISTER then PLEADED GUILTY** to a conviction of felony in May, 1880, at Clerkenwtll.— Five Years' Penal Servitude.
MR. DE MICHELE Prosecuted; MR. THORNE COLE Defended.
WILLIAM COLLINS . I am a labourer, of 83, Wentworth Street—on Saturday night, 17th October, I was in Osborne Street—I had a tobaccobox and 3s. in my right-hand trousers pocket—three men got hold of me, and threw me on my back—I tried to halloa, but one "of them put his hand on my throat; another took what I had in my pocket—one held my arm, and I could not move—I lost 3s. and the tobacco box:—they ran away, and I could not see anything of them when I got up—they held me down, but none of them hit me.
Cross-examined. I had no previous disturbance on that night—the time was about 12.15 when I went by Whitechapel Church clock—I had been in the Flying Horse in Wilson Street, Finsbury Square, about an hour and a half—I had been in no other public-house—I left work at 4 o'clock—I get paid every night—I had 7s. or 8s.—I went home to tea, and came out again about 7 or 8 o'clock—I walked about the streets till I went into the Flying Horse, but I saw my money safe after I left—I bought nothing afterwards.
Re-examined. I was not to say sober.
OWEN MCGRATH . I live at 107, Grove Street, Commercial Road—I was coming up Osborne Street on this Saturday night; I saw the prisoner and two other men running from the prosecutor, who was on the ground, on his back—one of the men was leaning on him—I ran across the road; they ran away—I gave chase—I never lost sight of the prisoner till Smith, the constable, caught him, and gave him in charge—he fell down when he was caught.
Gross-examined. There was a cry of "Stop thief!" and a lot of people running—I had been into public-houses; I cannot say how many—I stayed in one in Whitechapel Road 10 minutes—my young woman was with me from 8 till 12.30—a drunken man assaulted her, and I protected her—I saw an old gentleman lying on the pavement—I was about 14 or 15 yards off—I can't say how many people were running—when the policeman took the prisoner, he said "I was running after the others," and I said "And I was running after you too."
RICHARD SMITH (Policeman H 241). I was in Osborne Street, heard cries, and followed McGrath, who was running—the prisoner was about 40 or 50 yards in front of him—I followed them into Angel Alley, where the prisoner fell down, and I caught him—I passed McGrath, who slipped in the alley—I brought the prisoner back to Whitechapel, where I met the prosecutor, who said the prisoner was one of the men who was with the other two—Angel Alley is 500 yards from the place of the robbery—I saw another one running in front of the prisoner—McGrath was 50 yards off when the prisoner slipped—when the prisoner was caught he said he was running after the others; that he had nothing to do with it, and he was not the right one.
Cross-examined. I searched him; I did not find the tobacco-box, nor the 3s.—I found a knife, 1s., 1d. and 1/2 d.—it is rather a roughish thoroughfare on a Saturday night—I did not seize the first man I could lay hold of.
Re-examined. No one was running between me and the prisoner.
GUILTY of robbery without violence. He then PLEADED GUILTY** to a conviction of felony in February, 1873, at Clerkenwell.— Five Years Penal Servitude.
MR. HOFFMEISTER Prosecuted; MR. GEOGHEGAN Defended.
THOMAS HAWKINS . I am a builder, of 21, Hunter Street, Regent Square—on 19th October I went to bed about 11.45, leaving everything safe—my son awoke me about 2 o'clock—I got up, dressed myself, went out, and found the prisoner in custody—the house is my dwelling-house—Mr. Hoffman is one of my lodgers—he lives in the back parlour on the ground floor at the end of a passage, about 18 to 22 feet from the front door—an old lady and two brothers live upstairs.
Cross-examined. My son and his wife also live there, and a man and his wife on the second floor—I asked the prisoner to give some account of himself—he appeared perfectly sober.
THOMAS HAWKINS , Jun. I am a son of the last witness, and live with my wife at the top of his house—on 20th October I arrived home at a few minutes to 2 o'clock—I put my latch-key in the door, but found a pressure behind the door-1 got the door a little way open, and eventually got it
open—I looked round to see who was there; I saw the prisoner and another man—I asked them what they wanted—one of them said "We are waiting for a young lady upstairs"—I said "That won't do for me; I must know who you are"—they hustled me out, and ran one way and one the other—I had a jug in my hand; I threw it after the prisoner—a policeman caught him within four yards of me, and about 300 yards from the door—I came back with the constable, and made a search—we found this boot and this latch-key behind the door—the boot belongs to Mr. Hoffman—the key fits the door; it does not belong to anybody in the house.
Cross-examined. Four lodgers have keys—we have five lodgers; three are women—I cannot say what other kind of keys they have got—I cannot swear this key does not belong to a lodger; I have not seen it before—my father generally goes to bed last—the jug was a present—it was china—I said there was no young lady at that time of night that wanted to see them—I do not know how many young ladies live next door.
Re-examined. The latch-key found behind the door is not similar to ours.
EDWARD OVER (Policeman E 90). On the morning of 20th October I heard a cry of "Stop thief!"—I was in Lete Street, at the tack of Hunter Street; I saw the prisoner run up Lete Street—he slippe down at the corner on his back, but jumped up again: I seized him by the threat—he said "All right, policeman, I have been in that gentleman's house along with a young girl"—I said "That won't do for me"—Mr. Hawkins's son came up, and said "This man and another one I found in my house—I took the prisoner back to 21, Hunter Street, about 120 yards—I found this boot on the floor—the prisoner was taken to the station and charged—two females came by while we were at the door; one of them said "Is that you, Jim?"—after a minute or two's consideration the prisoner said "Yes"—then she had another look at the prisoner, and Said "It is not you; I am mistaken"—I told them to go on about their own business—I produce a key; it has been filed, and would undo almost so out of 90 doors.
Cross-examined. He might have said "Fred" or "Jim"—I did not hear him say he had been waiting for a young woman who had asked him to go home with her, and that she said that was her house, and the door had been forced open—I have not a very accurate recollection of the conversation—the prisoner did not struggle—this knife was found down him.
FREDERICK HOFFMAN . I lodge at 21, Hunter Street, and sleep in the back parlour—I went to bed on 19th October at 11.30—I put my boots outside my door in the passage; I next saw this one at the police-station.
Cross-examined. My room door is about two years from the street—I do not know who locks the house up—I never stay out late.
The Prisoner's Statement before the Magistrate." I was walking along Judd Street about a quarter to 2 this morning, and some young woman came and spoke to me, and one asked me if I was going for a walk with her. I had been drinking all the night, and I was very near tight. She asked me to go home with her. She said that was her house.; the door was half-way open; we went in the passage. She ran out, and another man was in the passage. He caught hold of me, and asked me what I was doing. I said, 'Waiting for a young woman to come in.' The-Second
witness was coming in at the door. He said, 'Here's the landlord; stand behind the door.' I told the witness I was waiting for a young woman. The other man pushed by, and I went out. The second witness threw a jug at me. I ran round the corner and fell down, and as I was getting up, the policeman got hold of me and brought me back to the house. A young woman came up and said, 'This was my friend.' The policeman shoved her away, and told her to go. I was then taken to the station."
NOT GUILTY .
NEW COURT.—Thursday and Friday, November 24th and 25th, 1881.
Before Mr. Recorder.
MESSRS. BESLEY and H. AVORY Prosecuted; MESSRS. J. P. GRAIN and
C. M. LE BRETON appeared for Moorhead, and MESSRS. M. WILLIAMS and
MR. FULTON for Rooney.
CHARLES WORRALL . I am a draper, of Upper Hilton Street, Manchester—in October, 1880, I was staying with the prisoner Rooney at his private residence, 133, Ladbroke Grove Road, Notting Hill—he was not then married; he was assistant manager in his brother Robert's ware house in Bishopegate Street, who trades in brushes, combs, and fancy articles—Edward Rooney had some machinery lying in some railway arches at Brixton; I knew of no business transactions or business engagements that he was connected with of his own—while I was staying with Edward Rooney he asked me to make out upon the invoice form produced, an invoice charging goods to Mr. Whiteley; I made out this invoice dated November 1st (produced), copying the items from a small slip of paper furnished to me by Edward Rooney—I also addressed an envelope to Mr. Moorhead at his private address, 1, Chippenham Road; the invoice was enclosed in that—shortly afterwards I made out a statement of account, dated November 5th, upon this form headed "James Vaughan and Co., 41, Coburg Road"—that was by Edward Rooney's direction—I addressed it to Mr. Whiteley, Counting House, Westbourne Grove—I saw this cheque for 22l. 16s.; I endorsed it at Edward Rooney's request "J. Vaughan and Co.," to whom it was made payable—I also receipted this account as it appears, "James Vaughan and Co.," at E. Rooney's request—I also made out this invoice of December 4th from items on a slip of paper, to Mr. Whiteley—I addressed an envelope for it to Moorhead at Chippenham Road—I made out a statement of account and addressed an envelope to Mr. Whiteley, Westbourne Grove, Counting House—shortly afterwards I saw this cheque for 66l. 2s. of December 14th from Mr. Whiteley to Vaughan and Co.; I endorsed it at Rooney's request, and receipted the account in the same name—this is a draft of the invoice—I was then out of employment—I found employment early in 1881 at the City of London Stores in Newgate Street; they went into liquidation, and I was again out of employment—in May I saw Edward Rooney again by appointment at Spiers and Pond's Restaurant, Mansion House Station—I made out two invoices; the items for one invoice were supplied to me on a piece of paper by Edward Rooney, and
the other by Mr. Welsh—Welsh, was present at the interview; I knew him before; he was engaged with Edward Booney at his brother's warehouse—on the completion of the invoice made out from the memorandum supplied by Mr. Welsh, Edward Eooney asked him if he had allowed for the 5 per cent, discount—Rooney said "No" he had not remembered it—I tore that invoice up, and another was made out with an addition to the prices to cover the 5 per cent.—these are the two invoices, dated May 25th—I shortly afterwards made out two more invoices, duplicates of the former one in every respect except the alteration in the date to June 1st—that was also at the Mansion House Station, and about the last week in May—I also made out a statement of account for those two invoices, dated May 31st—I shortly afterwards saw this cheque of June 3rd for 58l. 4s. of Mr. Whiteley—I had heard Mr. Welsh ask Edward Booney whether it had arrived; that was while walking in the street; Booney said it had not arrived—Mr. Welsh was going for a holiday, and Edward Booney was going to lend him some money rather than Welsh draw on his salary—I endorsed that cheque "J. Vaughan and Co."—I returned to Manchester after that, and have been there since—I did not know Yaughan and Co., nor did I inquire; I simply thought it was a name adopted for trade purposes in the ordinary course of business—I never went to Coburg Road—Edward Booney said his writing would be known at Whiteley's, as he was having frequent intercourse with them on behalf of his brother, and there was a possibility of its being recognised—Edward Booney was not married when I last saw him in May or June of this year.
Cross-examined by MR. WILLIAMS. I thought what I was asked to do was perfectly straightforward—Rooney did not tell me he did not want his brother to know he was trading—some conversation occurred about his setting up for himself—the thought that the goods were not delivered never crossed my mind—I had not spoken to Moorhead.
Re-examined. I had seen Moorhead, and he had been pointed out to me by a friend as one of Whiteley's buyers, and I once or twice saw him at Bobert Rooney's warehouse—I never saw any of the goods—I do not remember the conversation about setting up in business—the machinery was said to be stowed away till Booney was able to put it into operation—I never saw it.
DANIEL MORGAN (Police Inspector X). I received information from Mr. Whiteley, and went to Coburg Boad, on 23rd September, to ascertain what sort of a place it was—I found the house,. No. 41, occupied by Mr. and Mrs. Eastman—it was a small house, two storeys, half basement—there was no plate on the door, no name over the house, and no signs of any business being carried on by Yaughan and Co.—on the evening of 29th September I put into an envelope this cheque, which I received of Mr. Whiteley, for 56l. 11s., payable to Messrs. Vaughan and Co., also this statement of account for the same amount, headed "James Yaughan and Co."—I registered and posted them in the Edgware Road—the next morning I went with Sergeant Smith to 41, Coburg Boad, and waited for the postman—I saw this letter delivered at the door and saw some one give a receipt for it—I met Mr. Eastman, the landlord, coming out of the house—I went back with him and asked him for the letter which had just been delivered—Mr. Eastman gave me this letter unopened—I took it and went back with Sergeant
Smith to Whiteley's—the invoice corresponding with the statement of account was shown to, me, dated 17th September. (This was the ticked invoice far goods amounting to 59l. 11s.; or, less discount 56l. 11s.)Moorhead was then sent for—I told him I was a police-officer, and in consequence of certain information Mr. Whiteley and I had received, I was going to put certain questions to him; his answers would be taken down in writing, and in the event of his being arrested, might be used as evidence against him—I then questioned him, and his answers were written down in my presence—the paper produced is a correct account of the questions and answers—I read the paper over to him and handed it to him for him to make any corrections, and to sign it if he thought fit to do so—during the interview a Mr. Stuart was called in consequence of his name being mentioned, and Moorhead saying the goods were checked by Stuart, and were in stock, and that Stuart could tell whether the goods were there or not—Stuart said he knew nothing of it—the invoice was shown to Stuart and he said he had no recollection of them, and that he was away for his holidays—afterwards Moorhead said "I now recollect I ticked the invoice with the goods myself, I can produce no orie in the establishment who saw them"—I had then before me the invoices of August 10th and July 20th—Moorhead's attention was called to those—they refer to combs and fitted cases—the statement also refers to those invoices, and also states "Miss Tufrey keeps the stock, she would know whether he (Mr. Whiteley) received them"—Miss Tufrey was called in—she said she had no recollection of the stock, or that she had ever seen the ivory hair brushes referred to—I then asked Moorhead if he could point out any of the goods as being in the warehouse, referring more particularly to the fitted cases, and I think the hair brushes—he said he could point out one; I think the fitted case—I asked him to go with me and do so—he simply sat still and did not go—there was nothing to prevent his going—I waited ten minutes to give him an opportunity of going—Mr. Whiteley then said he would charge him—I told him I should arrest him for being concerned with another person not in custody in attempting to obtain 59l.; 11s. on false pretences—he gave me an address in Cornwall Road, Notting Hill—I went to that address—it was a private house—he seemed to have a nice home, well and newly furnished—it was a nine or ten roomed house—I afterwards saw Rooney in custody at the station—I asked him if he was aware of the charge alleged against him—he said he had been told the charge by Sergeant Smith, and asked me to show him the papers, and 1 showed him the invoices which have been produced here to-day—he said he had a perfect answer to the charge; that the goods had been sent in—I asked him if he could tell me the name of any person who delivered them, or who could produce the delivery sheet or the carrier's name, and I would get them to the police-court the next morning—he made no answer—he then looked at the papers again and said "Some of these things were sent in with things from my brother's—the same evening I went to 133, Ladbroke Grove Road, Rooney's residence—I think he had the first and second floors—I saw a person I understood to be his wife—I searched his rooms—I found a quantity of papers, among them some blank invoices and statements with the printed heading of Vaughan and Co., and some invoices made up and filled in; also a draft of the invoice, of December 4th, in pencil—none
of the goods were found at Whiteley's—none of the invoices correspond with those produced—I found no invoices or statements made out to any one else but Whiteley—I also found a pencil draft of the invoice of August 10th, for the fitted cases; a, draft in. a 'woman's writting in pencil, of the invoice of 17th September,'for the. ivory hair brushes; and another draft in pencil; these two letters purporting to come from R. B. Moorhead. (One letter asked Rooney to send a boy to Chancery Lane to get a cheque cashed and to tend notes in two halves, as funds were low; the other was from Brighton, dated September 5th, 1881, thanking Rooney for "attending to my little tommmion to promptly? and osking him to wake Cohen's people up about the furniture, and deliver it at Leamington House.) The house was called Leamington Villa—I also found these, two tabety, one in an envelope addressed "With great careu to Mr. Moorhead Westbourne Grove; the other, a piece of paper, "With great care, Mr. Whiteley, Westbourne Grove, to be sent up to the Foreign and Fancy Department unopened."
Cross-examined by MR. GRAIN. Moorhead bears good character—Stuart was called in before Moorhead's statement was Completed—Moothead had stated that to the best of his belief Stuart had ticked off the invoice—Stuart said "I can see by the invoice it was in my holidays."
Cross-examined by MR. FULTON. I do not think I cautioned Rodney—I said at the police-court I had a mass of documents, and in reply to, your question "Have you produced all the documents?" I said "Yes, except private letters that have nothing to do with the matter"—I also produce an invoice of 8th April, relating to a dressing-case purchased from a Mr. Bennett.
Re-examined. I found scores of letters—I saw Mr. Bennett respecting the case and found it was supplied.
WILLIAM EASTMAN . I live at 41, Cobourg Road, Old Kent Road—I am a commercial traveller—I was requested by Mr. Edward Rooney, of 133, Ladbroke Grove Road, to receive letters addressed tb Vaughan and Co. at my house—I consented and several letters were to addressed—they were enclosed in another envelope and, sent to Mr; Rooney—I received the registered letter which would hate been forwarded to Mr. Rooney if ithad "not been intercepted—I have lived at Cobourg Road two years—during that time no business of any kind has been carried on there in the name of Vaughan and Co.—I signed a Receipt for the registered letter—I gave it to Mr. Morgan.
Cross-examined by MR. FULTON. I have known Rooney for some time—he told me he contemplated commencing business on his own account—he hired a railway arch and purchased some machinery—he showed me the machinery a year and a half or two years ago—he gave me no reason for desiring me to receive letters addressed Yaughan and Co.—I knew he was acting for his brother on commissicm—he did not say it Would be difficult for him to have letters addressed at a railway arch.
Re-examined. I did not see—the machinery in use—it was for making brushes.
GEORGE STUART . I am employed by Mr. Whiteley in the Foreign Department, as stock-keeper of the reserve stock—the stock comes into my department from the receiving room—I lay it out when it arrives for inspection, to be marked off in the stock-room—I went for my holiday on the morning of September 17th—I have no recollection of the goods
mentioned in these invoices—I came back about the 26th—I did not then see the goods—I did not tick off these goods—I was called into Moorhead and Inspector Morgan's presence on the morning of 30th September—I was asked if I had seen the goods in the invoice of the 17th—I said I had gone for my holidays that morning, and did not see them—I was sent to look in the reserve stock room—that was after the questions were put to me—I went to see if there were any ivory brushes—we do not keep ivory brushes in reserve—I afterwards looked in Moorhead's private cupboard—Mr. Roche told me to look—the cupboard was not locked—I found two packets of tortoiseshell combs—I weighed them without the paper—one packet weighed 50 ounces, and the other 62 1/2 ounces—I made a list of the articles found in the cupboard including the combs.
Cross-examined by MR. WILLIAMS. The Foreign Department consists of perfumery, toys, presents for children, dressing-cases—I do not know all it contains.
Cross-examined by MR. GRAIN. I unpack and lay out the goods, and as I show the goods Moorhead ticks the invoices—the goods are then marked and taken to the department—there is no book in which the stock is marked off as it is sold—Moorhead bought where he liked, I understood—duplicates of the bills of goods sold are kept—Moorhead kept reserve stock in his cupboard—I took the combs to Mr. Whiteley—Mr. Roche was there—I was frightened to think one of my fellow-servants was in custody—we sell a vast number of combs—I cannot tell the quantity.
Re-examined. The buyer ticks the invoice—I never mark it—I do not remember seeing any invoice of James Vaughan and Co.—all stock which is not in the reserve room is called reserve stock—I do not remember finding any invoice—I was never asked to look over the papers—I left the invoice file in the cupboard—Mr. Morgan took charge of the invoices—the invoice is kept by the buyer on his file when he has ticked it—I did not see all the invoices.
DANIEL MORGAN (Re-examined). I produce two invoices from the invoice file found in the prisoner's cupboard with several books and papers. (Dated September 1st, for 62 ounces of shell combs at 6s. 6d. an ounce, 20l. 3s., and 4th October 51 ounces of shell combs at 7s. 6d. an ounce, 18l. 9s. 9d., from B. A. Rooney and Sons.)
EMMA TUFREY . I have been employed at Whiteley's three years—I superintend the department of perfumery, ivory brushes, &c.—the goods come down to me from the warehouse to mark, after they have been ticked by the buyer—I copy the prices from the bottom of the box—on each box there is the private and the selling mark—I copy it on the article—I do not seethe invoices—the goods in the invoice of 17th September are expensive—the prices of the ivory brushes are from 22s. 6d. and 25s. 6d. to 28s. 9d. and 30s. wholesale—there are 45—my attention was called to that invoice when Morgan came on the Friday morning—none of those brushes were delivered to me—I never saw any of them in stock—I was present a part of the time when Moorhead was questioned—he said he had sent them to me—I said "Oh, no, not to me, Mr. Moorhead"—I afterwards made a list of my stock, and of my prices—there were some brushes in the old stock, but none in the new, corresponding to the prices in the invoice—we never kept ivory brushes in the reserve stock.
Cross-examined by MR. GRAIN. I am one of the ladies who sell—we write what we want in a book—I sold the bag produced, after Mr. Moorhead
and Mr. Rooney had been charged—in ordinary course Moorhead would be the buyer of the article—I sell combs, but I am not the head of that department—we sell a great number of combs—I do not keep the stock.
Cross-examined by MR. WILLIAMS. 11 or 12 ladies sell brushes—I have a copy of the list of rules for sellers, in my book—the buyer sends goods down as they are wanted.
Re-examined. I am responsible for the stock in my department—duplicates are kept of the bills of the sales—I am positive none of these expensive articles came to me—the dressing-case was 15l.—I first saw it on the Saturday we had our new window in, in April—I had to help dress the window—I do not know who brought it from the warehouse—I told Moorhead it was pretty and nice—I had to ask him the price, and my figures are on it now—I do not find any such case in the invoice of 23rd August—I know nothing about thu dressing-case mentioned there.
By MR. GRAIN. I do not know how it would be described—I should think it was fairly described in that invoice as a registered fitted case, 13l. 10s., but I do not know what profit is made. By the COURT. I do not keep a record of what comes into my stock.
EMMELINE BENTLEY . I am an assistant to Mr. Whiteley in the foreign show-room—I have charge of the fitted dressing cases—I receive them from the warehouse—I have no knowledge of the cases mentioned in the invoice of August 10th—I cannot tell from reading this invoice whether they were writing or dressing-cases.
Cross-examined by MR. WILLIAMS. I know of no record being kept of dressing-cases coming into my stock to sell—I speak from memory—none so expensive as those came—we have one at 9l., and another at 7l. FLORENCE LATHAM. I am an assistant in the foreign show-room—I keep all the writing-cases—I also sell dressing-cases—I do not remember any cases coming of the class mentioned in the invoice of 10th August—no cheap ones came down.
Cross-examined by MR. WILLIAMS. I have no record of what stock comes—we sell a good many dressing and writing-cases—we sell cases at the prices mentioned—we sell more of the cheaper ones.
MARGARET SEAMAN . I am an assistant in Mr. Whiteley's perfumery department—I am the only one whose duty it is to weigh combs when they come to the show-room from the warehouse—we have a great number of cheaper ones, from 6 3/4 d. and 7 3/4 d. up to 1s. 11 1/2 d.—looking at the invoice of 20th July I have no recollection of these combs at 7s. 6d. and 10s. 6d. each—if they had been tortoiseshell I should have weighed them—some are described as tail combs at 7s. 6d. and 9s. 6d.—I received no tail combs.
Cross-examined by MR. GRAIN. I could not swear that we had not had them if it means dozens, but it says "each"—we sell a vast quantity of the cheaper combs.
Cross-examined by MR. FULTON. I was examined before the Magistrate on 27th October—a week or two before that my attention was drawn to the fact that we had not these combs in stock—I am a saleswoman—between 20th July and the early part of October a great amount of business passed through my hands—I speak from memory—I have never seen a tail comb at the price mentioned.
invoices should come there—they are kept by the buyer, who ticks them, till the end of the week, and then they are sent to me—when the statement comes I compare it with the invoice—I make an entry of the amount, and the department, and the person from whom they come, and the date of the invoice—I make out the cheque—this cheque for 22l. 16s. is dated November 8th, 1880—it then goes to Mr. Whiteley's office for signature, and should come back to me in ordinary course—I sent the statement produced, in an envelope to the address of Vaughan and Co., 41, Cobourg Road—the cheque came back from our bankers endorsed, and the receipt was sent to us on the statement—in the same way I drew this cheque in December for 66l. 2s., and got the cheque from the bankers endorsed, and received the statement receipted—I say the same with regard to the 58l. 4s. of June 3rd, the 79l. 7s. of 27th July, and the 40l. 12s. of the 19th August—with regard to the 56l. 11s., Moorhead stated that the people the statement came from were hard up, and wanted their money, and for that reason they allowed an extra discount, and expected their cheque to be sent as soon as possible—that conversation took place on 23rd or 24th September—I know nothing about Vaughan and Co. beyond having invoices from them.
Cross-examined by MR. GRAIN. All the statements bore the address of Vaughan and Co., and were sent with the cheques to 41, Cobourg Road, in the ordinary course of business—invoices are usually entered in a book; not the items, only the departments—I keep no record of the goods as they are sold—I draw a cheque if the invoice agrees with the statement and is ticked by the buyer; we have over fifty buyers, I think—a buyer may not come two or three times a week for cash, but if he brought an invoice duly ticked I should give him my signature, and he could get the cash—I am not aware of any tickets or notes given out from my department—this is correct, "Buyers have regular cheque-books in their possession, by filling up one of which, and passing it through with the invoice, up to 20l., they could get the cash, without Berry's signature at all"—that is regular, provided there is no account.
Re-examined. If Rooney came he would be known not to be Vaughan—a buyer cannot get cash from the cashier even for less than 20l. without there being an invoice of the goods, the goods themselves, and the seller present—the invoice would be the cashier's discharge—he would not part with the money without a receipt—when the buyer goes with the ticket to the cashier he would have to take the receipt with him, and the vendor as well, and the invoice would have to be receipted by the vendor—everything is there.
WILLIAM HENRY TUCKER . I live at 10, Woodington Eoad, St. Peter's Park—I am employed in Mr. Whiteley's counting-house—I am head of the analysis or dissecting department—a bill is made out of every sale, with a duplicate—I have searched through all the duplicates in the perfumery department from the 17th to the 30th September last—I produce all the duplicates of the bills I can find, showing the sales of ivory brushes of the expensive kind; I mean all above a guinea—there are five duplicates, all filed by the cash-boys.
Cross-examined by MR. WILLIAMS. The boys might be at fault—I have been ten years with Mr. Whiteley—I said before the Magistrate, "In ready-money transactions only the duplicate is kept," but I meant the duplicate was the only reference—the "Hintg to Buyers" are issued to
every buyer—no stock-book is kept, only tee invoice, which, I believe, is entered in skeleton in the counting-house—the buyers, might keep a reference for their own benefit if they liked.
Cross-examined by MR. GRAIN. The article sold would simply be described on the bill and duplicate as "one comb," "one brush," and the price.
Re-examined. There are no brushes over a guinea in my department that are not ivory—the bills are numbered consecutively—the invoices are entered in skeleton after the buyer has ticked them to show that the goods are there, and the invoices are sent down to the department every week—no cheque is drawn till the invoice has the mark of the buyer—there is a record in one form or another of every article that goes from the establishment.
CHARLES JOHNSON . I am a clerk in the Birkbeck Bank, 29, Southampton Buildings—James Rooney has an account there; I produce a certified copy of it for the last five years—from April 1st, 1876, to April, 1880, about 80l. was paid in—on 1st April, 1880, there was a balance of 5d. to his credit—the next payments in after that date are Mr. Whiteley's cheques for 22l. 16l., of November 8th, 66l. 2s., 5s. cash; 9th June, 58l. 4s.; on 13th June 20l. is paid to Welsh; then there is a payment in of 10l., not of Whiteley's, and another on 29th July of 79l. 7s.; on 5th August a payment out to Welsh of 10l.; on 26th August a payment in of Whiteley's cheque for 40l. 12s.; his account Was then, with that cheque, 50l. 12s.; there is another payment out on 31st August to Welsh of 20l., and a payment in of 24l., not Whiteley's—altogether there was paid in between 11th November, 1880, and 30th September, 1881, 336l. 16s. 4d., 267l. 16s. of which was Mr. Whiteley's moneys.
ROBERT CROPT . I am waste-book keeper in the Union Bank, Chancery Lane—we clear the cheques of the Birkbeck Bank—I produce a certified copy from the waste book—eight cheques paid in to Rooney's account are Mr. Whiteley's cheques—I have also an entry of a draft on the City Bank by Rooney and Co. for 10l., on 30th June, 1881, and another of 25th May, 1881, on the London and County Bank, Westminster branch, of 1l. 16s.; on the City Bank, on August 27th, 10l.
MICHAEL COHEN . I deal in furniture—in September, 1881, we had an order to supply furniture from Mr. Robert A. Rooney, late Rooney and Sons, of Bishopsgate Street, which was afterwards supplied to Leamington House, to the value of 137l. 19s.—they were paid for on October 17th, 1881.
WILLIAM WHITELEY . I carry on business at Westbourne Grove—Moorhead came into my service on good recommendations, on April 18, 1878—he had 250l. a year when given into custody—I never knew of the firm of Vaughan and Co. till a short time before he was given into custody, when I saw some invoices for the first time—Moorhead never mentioned their name to me—I knew there was a firm of Robert Rooney and Co., 26 and 27, Bishopsgate Street—I knew he dealt with them—I knew nothing of Edward Rooney—I do not know his writing—I employed Inspector Morgan to go and see the premises of Vaughan and Co., 41, Cobourg Road, and to report to me, and he was present by my direction when the registered letter was sent and delivered—I signed the cheque sent in that letter—I sign all cheques—when Morgan returned, Moorhead was called into my room, and Mr. Roche wrote down the questions and
answers—Moorhead said Stuart would know about the ivory brushes—Stuart was sent for, and said he knew nothing about them, he had never heard of them before, and if they had been delivered at the time stated he would not know about them, as he went for his holidays for nine days—Moorhead then stated he marked off the brushes himself—he said he had sent or given them to Miss Tufrey—she was called in, and denied it—he was asked to point out any one of them in stock—he had every opportunity to do so—none were pointed out, and then I gave him in custody—I have had business transactions with Mr. Robert Rooney—I do not know Mr. Bennett—Moorhead was responsible for the goods being received and ticked off, as the buyer in that department—there was no other voucher for drawing the cheque except the pencil Dame of Moorhead and the ticking upon the invoice—subsequently to his being in custody 61 1/2 oz. and 50 oz. of shell were found in his cupboard of reserve stock—I have seen the invoices which were found there, and which correspond with the weights of the shell combs—Moorhead had no power to substitute other goods after the invoice had been ticked without a record—the ticked invoice should have been properly endorsed, and he would re-sell them to the merchant or manufacturer, and the merchant would return a proper credit note for having received the goods—I have not seen or heard of any other invoice for shell combs except the one of Robert Rooney and Co.
Cross-examined by MR. WILLIAMS. I do not know the name of every person the buyers bought from—they buy where they like—I do not see all the invoices—probably Mr. Robert Rooney dealt with me to the amount of 200l. a year—I have seen his place—I deal in everything but milk.
Cross-examined by MR. GRAIN. My buyers are uncontrolled in their discretion, as to buying except by myself and three superintendents—the lady who sells makes out a duplicate bill, which becomes an invoice—one part is kept—the bills are separated and dissected, and afterwards replaced—we have two receiving porters—an order must be shown to get goods from another department—letters are opened in the counting-house—a country order is sent to the manager of the country order department—if some of the goods are in the foreign department a young man is sent to the foreign department to buy the goods, which he takes to the country order department and hands over to another young man who examines the goods to see if they are what the customer requires, then a clerk enters the goods, and at the same time makes a bill by using a blue leaf, then the goods are sent to the packing room and dispatched to the customer, and we have a record in the country order room of all the goods that leave that room, and from every department they come from the amount and description of the goods—no record is kept of what is given out.
Re-examined. The duplicate is always kept of country orders.
WILLIAM SMITH (Police Sergeant X). From instructions I received I went to the premises of Robert Rooney and Son on Friday, 30th September, and found the defendant Rooney—I told him he would be charged with being concerned with Mr. Moorhead in attempting to obtain 56l. 11s. on 17th September from Mr. Whiteley, of Westbourne Grove—he said two or three times "I have a perfect answer to the charge"—I took him to the station.
Witnesses for the Defence.
WILLIAM JAMES LAKE . (Examined by MR. FULTON). I am in the employment of Mr. Edward Bennett, Station Road, Camberwell—the registered fitted case produced is my make—I can pick my work out from other men's—this is the only one of the kind I ever made—I sold it to Mr. Bennett.
Cross-examined by MR. BESLEY. I charged him 3l. 11s. 6d. for the case—he had to put in the ivory articles—I sold it on 3rd July, 1880.
By the JURY. I looked at the band round the brush because that is my work—I made the bands.
THOMAS PORTHOUSE TIDMAS . I am employed by Mr. Bennett, of Canberwell, and have known Rooney for many years—I sold this case to him privately in November—he had it on approbation in October—I did other business with him about this time to the amount of 20l.—it would be described as a Russia glass-sided case.
Cross-examined by MR. BESLEY. I am salesman to E. Bennett—our firm has not sought orders from Whiteley on account of doing business with Rooney—we do business with B. Rooney and Co. to a large extent—I entered the transaction in the day-book—I have not the book here—I saw Rooney on 8th November—this is my assistant's writing on this slip—five per cent, discount is allowed, which would not be allowed to some people—it is not paid for.
By MR. GRAIN. To the best of my belief I saw another case in Whiteley's window which I supplied to Mr. Rooney for Mr. Welsh.
By MR. BESLEY. That was previous to this one—that was a Russia case fitted throughout—that is not paid for—Welsh is employed by Mr. B. Rooney—this one is not a registered case—the Russia case was not debited to Mr. Robert Rooney.
THOMAS JONES . I am clerk to Messrs. Bats and Co., King's Cross—on 21st October, acting on instructions, I went to Messrs. Whiteley's and purchased the case produced for 15l. and received this bill from Miss Tufrey.
Cross-examined by MR. BESLEY. The case was pointed out to me in the window by Edward Rooney—I did not see Moorhead upon the subject—I did not know that he had given it to Miss Tufrey to dress the window—I did not know the price—Rooney gave me 12l. and 3l. five or ten minutes afterwards—it was a higher price than he contemplated—he waited for me outside.
WILLIAM WATSON . I am a clerk in the head office of the Parcels Delivery Company—I produce a delivery sheet for December, 1880—there are several entries of goods to Messrs. Whiteley; four on 6th December—two were handed to us by the South Eastern Railway at Cannon Street Station, and two from our receiving office at 216, Oxford Street.
Cross-examined by MR. BESLEY. I know nothing as to who packed the parcels or brought them to our receiving office, nor from what part of the South-Eastern Railway the two came—they are charged 6d.—two were prepaid—upon prepayment no ticket is given unless required.
CHARLES PHILIPS . I am a clerk to Mr. Andrew Preese, of Aldermanbury—E. J. Rooney is a customer of our firm—in July last he purchased 120 dozen combs—on 5th July the invoice was forwarded to him—the combs were similar in description to those in this invoice of Vaughan's.
Cross-examined by MR. BESLEY. This is my writing on my invoice—I
have my book here—the invoice is dated forward—I had known E. J. Rooney as a customer—he would take the numbers from a list supplied him—the same numbers would do in ordering those goods five years hence—the goods were dispatched by Carter Paterson, and the invoice sent by post—the pencil notes were not then on it—the numbers 14 to 22 are given by the vendor of goods to another party—he would not give our numbers—the prices of these six dozen combs are not the same—nothing tallies in these two invoices except the word "clear"—in this invoice the prices tally, but the prices are so various—combs can be bought from 1s. 6d. a dozen to 26s.—I sold 120 dozen—I find 138 dozen on ono of these invoices and 30 dozen on the other—they are the same description of goods—where the prices correspond it is before the 25 per cent, discount is taken off—I knew E. J. Rooney was manager to his brother's business—I have sent thousands of dozens of combs to him—I think the "ea" on this invoice is a clerical error; it should have been dozen—it could not possibly be "ea," because they would not come to 7s. 6d.—I never knew a tail comb weigh an ounce—tortoise combs could not be carried out at so much as I find on this invoice when they are described as clean.
Re-examined by MR. WILLIAMS. The items in the blue invoice shown to me as Whiteley's do not correspond with my goods, but those of Vaughan and Co. to Whiteley's do.
By MR. BESLEY. Rooney may have selected those goods the day previously—I have no account with him—payment is hardly due—the goods were bought under an agreement—they were sent to Ladbroke Grove because he bought them for himself, not for his brother—payment would be due in about two months—the agreement was made between my employer and Edward J. Rooney—special terms would not be put on the invoice—I have my ledger here—I find the two white invoices to contain the exact quantity of dozens I sold to E. J. Rooney.
ALFRED MEDLOCK . I am a greengrocer at 28, Ladbroke Grove Road, trading as Alfred Medlock—on 14th July my man delivered at Whiteley's a case of goods given to me by E. J. Rooney, of 133, Ladbroke Grove Road—it happened to be the day I went to market, and I delivered the goods for Rooney as a customer—I have an entry in this book on 14th July, "Cartage to Whiteley's."
Cross-examined by MR. BESLEY. I did not pack anything up—I do not know what was in the case—it was very heavy—I charged 1s. 6d.—it is the only case I delivered to Whiteley's—I never saw it open.
JOHN NORMAN . I am a receiving porter at Messrs. Whiteley's—the receipt of these two invoices, "Received, Norman," at the top and at the bottom are in my writing—I received the parcels—I have received thousands of parcels for Whiteley's and given receipts of this kind. (The invoices were those from Vaughan and Co. to whiteley for four parcels, 59l. 11s.,on 2nd September, 1881, and 16 parcels, 27l. 16s. and 33l. 10s., on 1st June, 1881.) I cannot tell whether the amounts marked on them are right.
Cross-examined by MR. BESLET. My name is in my writing—the rest of the writing was on before—I do not know the weight of the parcels—one may have been brought by the greengrocer's cart—I never opened them—R. Rooney and Co. have a cart of their own—they bring their own goods very frequently—I made no entry of the name Vaughan and Co.—I
merely sign as receiving the parcels—I believe Rooney's have a book of their own.
GUILTY . MOORHEAD— Eighteen Months' Hard Labour. ROONEY— Twelve Months' Hard Labour.
OLD COURT.—Thursday, November 24th, 1881.
Before Mr. Justice Hawkins.
MESSES. POLAND and MONTAGU WILLIAMS Prosecuted. GUILTY of theattempt. — Eight Months' Hard Labour.
MESSRS. POLAND, and MONTAGU WILLIAMS Prosecuted; MR. KEITH FRITH Defended.
It appearing that the child was very delicate from its birth, and that its death arose from congestion of the lungs, which the surgeon stated might have arisen from natural, causes, the Jury found the prisoner
NOT GUILTY .
There was another indictment against the prisoner for the alleged neglect, upon which no evidence was offered.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. BURNIE Defended. NOT GUILTY . He was afterward convicted of an indecent assault. — Nine Months' Hard Labour.
46. AUGUSTUS HASENACH (30) PLEADED GUILTY to feloniously engraving on a plate part of an order for the payment of five Marks of the German Empire; also to two other indictments for feloniously and without lawful excuse having the same in his possession.
He received a good character.—Eight Years' Penal Servitude.
Both the prisoner and prosecutrix in this case were totally blind.
MR. POLAND Prosecuted.
MARIA BAILEY . I have been living with the prisoner as his wife at 15, Bangor Street, Notting Hill, for two years;. I had lived with him 14 years ago, and had by him a boy named Willie, who will he 13 on the 18th of next month; after that I had I no connection with the prisoner until two years ago—we occupied the back kitchen in the basement at Bangor Street, all three of us together; it was a furnished room—I. have been totally blind for years; the prisoner only for some months—on Thursday, 13th October, we were in the room together; he and the boy had been out several times in the morning—he said the first thing after breakfast, "I mean getting drunk to-day"—he fetched in a pint and half of beer, and I had some of it—I was quite sober, but felt very ill—between
four and five I was lying on the bed dressed—the prisoner was drunk—he took 4d. off the mantelpiece and said, "That is all the money I have got, and we shall spend it before we die," and he said to the boy, "Take the bottle and fetch your mother a drop of rum"—I said, "The bottle is broken"—it was not broken, I only said so that the rum might not be brought—I said I did not want it—he then told the boy to take a tea-cup and fetch it, and the boy went out with the tea-cup—the prisoner then knocked me on the head several times with his closed hand—he was sitting by my side on the bed—he did not say anything; he did it coolly—I said, "Don't hit me any more, I am quite bad enough"—the boy then came in with the rum, and the prisoner said, "Drink this"—I said I would rather not; I did not feel well—he said if I did not drink it he would dash my brains out and throw it over me, so I drank it, and laid my head down again—I said, "As you are in such an ill temper, undress yourself and get into bed and have a sleep"—he called me very foul names, as he always did, drunk or sober, such as a b cow, and sow, and mare—I told him to be quiet and lie down and have a sleep, which he did for a little while; but he soon got up again, and said, "Now I shall have some fish"—there were the remains of some fish in the cupboard; I could hear him go to the cupboard, where he kept his razor, and he came and leant over me, and felt for my neck; I could feel the pressure of his two fingers on my neck, and then I felt the razor on my neck just under the right ear; I could feel it cut me—I directly kicked him backwards, and he went staggering across the room—I jumped up and went to the wash hand-basin, and could feel the blood flow like water let out of a tap; I put some cold water into the basin and sluiced a towel with it, and kept it to my neck, and went outside my room door and called out "Willie, Willie, fetch a policeman; your father has cut my throat"—the boy was by the street-door—he came directly, and said, "Father, you bad, wicked man; you have cut my poor mother's throat"—he went to go upstairs again, and his father stopped him and said, "Don't fetch a policeman, it "will be all right directly"—he went over the wall and shortly returned with a policeman—I was taken to the station and a doctor was sent for—the prisoner was taken into custody—before he did this to me he said, "You b cow, I will make you remember Tunbridge Wells"—he also said he knew he would hang for me one of these days, and if anything ever happened, and it was not made known, he would always swear I had done it myself—he said that several times before he attempted to do it—we had been at Tunbridge Wells in the summer at a lodging-house, where there were a great many travellers that he got drinking with day after day, and he said that one of them and the boy went out with me and got drunk, but we did not—I was taken to the hospital, and the Magistrate came there and took my statement—on 10th November I was able for the first time to go to the police-court—I am a right-handed woman.
Cross-examined by the Prisoner. I did not cut my own throat and put it on you—I did not at Tunbridge Wells take two men out and make them drunk, and sleep with one of them—I did not tell you that I would do something before the night was out that you would be sorry for—you were not naked in bed, you only took off your boots—if I had not kicked you backwards you would have killed me, as you meant to do for months before.
Prisoner. Tunbridge Welle was the beginning of the affair, and that was the cause of her blinding me; she put a needle in my eye. Witness. Nothing of the sort took place.
MARY ELDRIDGE . I lived in the same house as the prisoner and prosecutrix; I had been living there from 1st August—on Thursday afternoon, 13th, I was in my room on the ground-floor, and I heard them quarrelling downstairs two or three times; I heard both their voices—I could not hear what they said; I did not take much notice—I heard the prisoner cursing—afterwards they got quiet for a spell; then I heard Mrs. King come to the foot of the stairs, and say "Willie, Willie, your father has cut my throat"—my door was wide open; I went out and met the boy in the passage, coming from the street door; he went downstairs into their room, and said "You wicked man, you have cut my poor mother's throat, I will go and fetch a policeman;" the prisoner said "Never mind, don't, it will be all right directly," but the boy did go over the back wall, and got a policeman—there was no one else in my room but my children, and the only other person in the house was Bosworth, who lodged in "the slip."
Cross-examined. It was not you that halloaed out "Willie," it was your wife, I knew her voice.
URIAH BOSWORTH . I live at 15, Bangor Street—on Thursday, 13th October, I had been out with the prisoner to a beershop at the corner of President Street—he sent the boy for half a quartern of rum, and while he was gone he said "My missis is going on very funny, and if she don't go on better I shall kill her;" he said nothing more—we went home—he took with him three half-pints of beer in a can; this was exactly at 12 o'clock in the day, the children were coming out of school—in the afternoon I heard a row downstairs and a bit of a scuffle, but I could not hear what it was; I was at work—later on I heard the boy come running through the passage, and saying "Oh, good God, my mother's throat is cut."
JOHN MOGTJINNESS (Policeman X 361). About 4.30 in the afternoon of 13th October the boy Willie came to the station; from what he said I went to 15, Bangor Street, and in the back room on the basement I found Mrs. King with her throat cut, holding it over a basin—the prisoner was sitting on the bed; he had his shirt, trousers, and flocks on—they appeared sober, the prisoner might have had a little—the woman said her husband had cut her throat with a razor; he said "She did it herself"—I took him to the station.
JOHN WESTON (Police Sergeant X). I took the woman to the station, and the inspector sent for a doctor—I then went to the back room on the basement, and found this razor (produced) outside the bedclothes, in the centre of the bed; it was open, and there was blood on it—there was also a quantity of blood on the bedclothes and on the floor and in a basin.
ALFRED BUNTING (Police Inspector X). I was in charge of the station on the Thursday afternoon when the prisoner and prosecutrix were there—she said in his presence that he had cut her throat with a razor at the time she was lying on the bed, and before doing so he said "I will cut your throat, you b cow"—the prisoner said "I did not do it, she did it herself, it is all lies."
Grove, Notting Hill—on the afternoon of 13th October I saw the woman at the station—she had a wound on the throat, beginning under the right ear, going down to the middle of the throat and rather beyond", slanting downwards and inwards; the thyroid cartilage had a little notch in it, a little towards the right side of the throat; the wound varied in depth—I don't think there had been any great degree of force considering the sharpness of the instrument—I took her myself to the hospital, and she was there attended by Mr. Lloyd—it was not possible for her to have inflicted the wound herself, unless it was done with the left hand—it was a dangerous wound.
RICHARD WILLIAM LLOYD . I am house surgeon at the West London Hospital, Hammersmith—the woman was brought in by Mr. Jackson—she is still under my care—she was not able to attend before the Magistrate till 10th November, till the wound had healed up—I ascertained the depth of the wound; it was within less than an eighth of an inch of the large vessels of the neck—her life was in danger—I agree with Mr. Jackson that the wound commenced under the right ear and came down towards the middle of the throat—it might possibly be self-inflicted, if done with the left hand The prisoner, in his statement before the Magistrate, alleged that the prosecutrix had inflicted the wound herself and charged her with gross misconduct when at Tunbridge Wells.
Prisoner's Defence. How can she say I cut her throat with a razor when she could not see more than me? If she had not got the razor in her right hand she must have had it in the other. If what she says is true I must have been smothered in blood lying alongside of her, and I had no blood upon me.
GUILTY on Second Count. — Five Years Penal Servitude.
THIRD COURT.—Thursday and Friday, November 21th and 25th, 1881.
Before Mr. Common Serjeant.
MR. FULTON Prosecuted; MR. GRAIN Defended.
CHARLES TABLING . I am a wholesale clothier, of Commercial Street—the prisoner travelled for me and for three Other firms—he ceased to be in my service at the end of September, but he has not returned my samples yet—he came into my service on 14th March at 4l. a week salary and 2 1/2 per cent, on all sales effected by him; that was put an end to at the end of May by verbal arrangement; he did not represent me at all during June, but early in July it was arranged that he was to have 5 per cent, commission, which was to include all expenses—his duty was to solicit orders, but not to receive payments; he had no authority to endorse cheques—I saw him about a fortnight before 13th September—I did not know that on 13th September he received this cheque for 2l. 12s. 6d. from Henry Street, of Sandwich, payable to my order—the endorsement is not my writing, it is the prisoner's; it is crossed with the stamp of a bank at Canterbury; I never had any account there—I was
not indebted to the prisoner on 13th September—he had no authority from me, direct or implied, to endorse a cheque.
Cross-examined. I have paid him something like 60l., which was made up of 4l. a week, and commission, including the new arrangement; that was principally by cheque—he travelled for other houses, and if he was going a journoy where I was not represented, he took my samples—he travelled in the eastern counties—I am a wholesale clothier; I am not in the slop line—as early as April 2nd he wrote me this letter from Ely (This stated, "I am sorry not to have a cheque from you this morning, &c. I could not get to London because I had not cash enough, so may I ask you to send me 4l. ")—he had received a cheque from me three days before that—on April 8th I received this letter from him from Lynn. (Stating that he had no money to move on with, and must remain where he was at the prosecutor's expense till he received some)—that was untrue; he had received sufficient money on the 28th—I presume I replied to that—he also sent me this letter: "Deerham, July 12. Dear Sir,—I am sorry you do not send me any money or take notice of me, but I suppose I can go without money as your former traveller did. Please send me 5l."—he was on commission then and commission only, and I wrote to him and sent him 5l. on commission account, although he had not earned it—I did not receive a letter from him from Portsmouth on or about August 19th—I did receive a letter, in which he said, "I must beg of you to send me some cash. I have had no expenses from you since June 2nd, since when I have been working for you"—that is utterly untrue, but I cannot say whether I wrote and told him so; I answered it undoubtedly, but did not keep a copy—here is a letter from him from Peckham, S.E. (This was dated October 15th, 1881, complaining of money not being sent, and enclosing an account for 21l. for his expenses)—he never wrote and told me that he had collected this 2l. 12s. 6d., nor did he send me an order from Mr. Street—I have no order from Mr. Street entered in this book.
Re-examined. I did not execute an order to Mr. street—the arrangement was altered in May because the amount of business he was doing was not satisfactory—he did not travel at all in June—he agreed to the new terms—I gave him in custody on this charge after applying to Mr. Street for the 2l. 12s. 6d.—that was on the old account—I did not execute any subsequent order.
HENRY STREET . I am an outfitter, of Sandwich—on 13th September the prisoner called on me to see if there any order—he did not say anything about this account, but I paid it voluntarily; I did not say anything about it till he was just leaving the shop; he seemed as if it did not matter to him whether I paid it or not—I paid him this cheque for 2l. 12s. 6d., and gave him an order for a smaller amount, which has never been executed.
Cross-examined. The new order was for two suits of boys' clothes.
By MR. FULTON. This is my order book (produced); the order is not
in it—this other book shows the amounts paid to the prisoner on commission—he received 20l. 10s. between July and September; that represents 5 per cent, on the goods paid for—on March 14th he received a cheque for 4l. up to the 21st—the lump sum he received up to the beginning of June was 37l.; that includes his expenses for every day he was out for me.
GUILTY. Recommended to mercy by the Jury and prosecutor, but a certificate of his conviction of embezzlement at Ipswich in 1869 was put in. — Twelve Months' Hard Labour.
49. CHARLES WARREN (30) and WILLIAM MATHESON (40) , Unlawfully attempting to commit an unnatural crime. MESSES. "WATTE and HEWICX Prosecuted; MR. LAW appeared for Warren, and MR. PUECELL for Matheson.
NOT GUILTY .
50. THOMAS HALL (44) was indicted for wilful and corrupt perjury in swearing that he saw Elizabeth Tombs in the Haymarket following her daughter Julia, and receiving from her the wages of her prostitution.
MESSES. POLAND, M. WILLIAMS, and CHABLES MATHEWS Prosecuted;
MESSES. FRITH and LEVEY Defended.
GUILTY . He received a good character.—Twelve Months' Hard Labour.
OLD COURT.—Friday, November 25th, 1881.
Before Mr. Justice Hawkins.
MR. W. J. ABEAM and MR. POULTON Prosecuted.
MARGARET JOHNSON . I am an unfortunate, and live at 16, Ship Alley, St. George's-in-the-East—on the night of 19th October, about ten minutes past twelve, I was in the Cock and Neptune public-house, Ratcliff Highway, drinking with a young man—the prisoner came in and pushed against me—I had never seen him before—I said, "Who are you pushing against?" he said, "Why, you"—I said, "Don't do it again" he made no answer; he walked outside—about fire minutes after I was going out, I had my left hand on the door, it was wide open, I saw the prisoner outside the door, I saw him take something from his sleeve, but I did not see what it was—I had not time to speak, before he fired he pointed it at me—it grazed the side of my face, and blackened it—he was about a yard from me—he said he meant it for the girl with the brown body on—I had on a brown body and a black skirt—a constable was sent for, and he was locked up—I could not say whether anybody was with the prisoner, I was too much excited—he appeared to be sober I was sober.
ALICE SALTEK . I am an unfortunate, and live in Ship Alley I was in the Cock and Neptune, talking to a young woman at the bar—Margaret Johnson was there—I saw her go to the door; she had it in her left hand, to go out—I saw the prisoner on the step—he drew something from his sleeve—I had no sooner turned round than I heard the shot go off—he had the pistol in his right hand—I can't say that he pointed it at anybody—I saw afterwards that her face was grazed and blackened—he was about a yard from her.
Cross-examined by the Prisoner. I did not see you struck across the eye—you ran away—I could not say whether there was any person in your company—I had not been five minutes in the house.
WILLIAM OTSMAN . I am waiter at the Cook and Neptune—on the morning of 20th October I saw Johnson and the prisoner there—some words passed between them, and Mr. Knippel, the landlord, ordered him out—he went out—about five minutes afterwards he came back and pointed a revolver, or pistol, I can't say which, and fired it into the door—the prosecutrix stood inside by the door—he pointed it against her and fired—when I looked round I saw her face black, and Mr. Knippel was shot at the same time, the shot struck him—the prisoner ran away after he had fired—I went after him and caught him, and held him till two policemen came, and he was taken to the station—I did not see anybody strike him—he was sober—he did not say anything—he was not in company with any female—there was no disturbance in the house.
FRANCIS DOMINGO . I am potman and waiter at the Cock and Neptune—I saw the prisoner there with another man, a seafaring man; I don't think he was an Englishman—I saw the prisoner leave the house—about five minutes after I saw Margaret Johnson at the door, and I saw the prisoner present a revolver twice, and the third time he fired—I believe he meant it for Johnson—he pointed it out straight through the door; as he opened the door he presented it, and fired straight in front of him——there was no disturbance in the house at the time; there had been just previous—he fired in the direction where Johnson was standing—he was about three yards from her—I saw that her face shortly after was grazed and black—I did not see any one strike or annoy the prisoner.
Cross-examined. The seaman was not put out at the same time as you were; he remained in the house—I did not see your eye cut—I never laid hands upon you.
WILLIAM KNIPPEL . I am landlord of this house—I saw Johnson and the prisoner there about twelve o'clock on this night—I told the people to drink up their drink and go, as it was time to close—the prisoner went out and stood at the door, and would not let the people come out—I went and told him to go away, and let the people come out—he held a pistol straight out—I was frightened, and turned round to go back into the parlour—I did not see that the pistol was pointed at anybody; it was pointed into the house—Johnson was near the door—I heard a shot, and felt a pain in my right side, and said, "I am shot!"—I went into the parlour, and took off my clothes, and found blood on my side, where I had felt the pain—I went upstairs and sat down by the fire—the prisoner was sober—I did not see any one ill-treat him; all was quiet, only words.
JOSEPH LONE , M.R.C.S. and M.D., Dock Street, Whitechapel. About half-past twelve on the morning of 20th October I was called to Mr. Knippel—I found him suffering from a contused or incised wound on the right side, a little below and behind the right nipple—there was very little blood, it was not a very serious wound—I afterwards found a bullet in the bar parlour where he had been standing; it was similar to this (produced)—I handed it to H 90—the wound might have been produced by such a bullet.
Well close Square—he was knocked down by a man there; he got up again, and was tripped up by another—I then took hold of him—he said nothing; he was very excited—Policeman 254 came up, and we took him to the station—he was quite sober—Dr. Lone gave me this bullet—I have kept it ever since, and produce it—I did not find the pistol.
Cross-examined. You had a mark on your left eye; it was much darker next morning—that was the only mark of violence on you.
JOSEPH WHITING (Policeman H 254). The prisoner was given into my custody by Maguire—on the way to the station he said "That was the one I shot at, that came and spoke to you in the square" (Johnson had spoken to me in the square)—I said "The one you shot at?"—he said "I did not shoot at her, but that was the one that was shot at"—at the station he handed me a key and said that he lived at the Sailors' Home—that was about three minutes' walk off—I went there and with the key opened a dormitory that was pointed out to me, and in a box there I found this box of cartridges, containing bullets similar to the one produced—I searched the prisoner, but found nothing on him except the key—he was perfectly sober, but very much excited.
The Prisoner's Statement before the Magistrate. "If I take a glass of liquor I am insane, from a blow I got at the back of the head."
Prisoner's Defence, I was not in my proper senses at the time. I can remember nothing. I may appear to have been sober, but I was not in my proper senses.
NOT GUILTY .
GUILTY of unlawfully wounding. — Eighteen Months' Hard Labour.
MR. W. J. ABRAM Prosecuted.
FANNY HOLFORD . I live in Victor Road, Willesden—the deceased, Charles Holford, was my husband—he was 32 years of age, and wag a hay dealer—the prisoner was in his employment—on Monday, 7th November, he was sent to town with a load of hay; he ought to have returned that night; he did not come back till Tuesday—about 5.30 I left my husband in Lisford Mews, where he had stables—he was then in his usual health—he complained of his chest; he had a weak chest—the prisoner was not there then—I afterwards went out into the Mews and found my husband insensible, and apparently dead—he was perfectly sober—I saw the prisoner afterwards; he was drunk.
GEORGE GREEN . I am a hay-dealer in the deceased's employ—on the evening of 8th Nov., about 6 o'clock, I saw the prisoner in Lisford Mews; he was not sober—Mr. Holford was there—he said to the prisoner "You are a nice man," or something of that sort—he said "I have not been spending your money," and he gave him some money in a purse—Mr. Holford said "Here is not enough by two shillings"—they had a dispute—the prisoner swore a bit, and told Holford that ho was always going to do this and that, and he had better do it—before that Holford told him to fetch his box out of the loft and leave the place—the prisoner told him to chuck it out—Holford pulled off his coat and struck him—they had
one round, and hugged one another and fell, the prisoner underneath—they struck each other while on the ground—I went up and said there was enough of that—Holford jumped off the prisoner, ran behind me, and went about three yards and fell down—I picked him up—he was insensible, and died then and there—he was perfectly sober—the prisoner was drunk; he had not strength to stand on his legs.
ROBERT WHITBY . I am a medical man, at "Willesden—I was called, and examined the deceased—there was very little external injury; a slight scratch on the side of the nose and cheek, and the impression of a brace-buckle on the chest, as if it had been pressed against him—on the post-mortem examination I found the walls of the heart very thin—there was extravasated blood between the seventh and eighth ribs, on the left side, corresponding with the mark of the buckle—the kidney, bladder, and intestines were healthy—the right lung adhered very much to the pleura, the result of previous pleura-pneumonia—that might have a great influence on the cause of death, because it obstructed the circulation and the breathing—syncope was the cause of death, occasioned by the blow in the breast where the mark was found—there was nothing externally to show there had been a blow—death was accelerated by the blow, because of the weak state of his heart—if his heart had been right he might have received far greater injury without any fatal result—he fainted, and was unable to recover—excitement alone might have produced the syncope.
NOT GUILTY .
MR. MONTAGU WILLIAMS Prosecuted; MR. JACKSON Defended.
WILLIAM HEWITSON . I am an assistant warder in Her Majesty's Prison, Coldbath Fields—the prisoner was undergoing sentence of two years' imprisonment there for passing counterfeit coin; it would expire in May, 1883—on 2nd October, about 7.30 a.m., I saw him struggling with Assistant Warder Moreham outside the next cell to his own—I went up to him and advised him to return to the cell quietly—he refused to do so—he made no answer—he continued to resist, and Moreham and I forced him bodily into his cell—he clung to the door, and I entered the cell with him; Moreham remained outside—I pushed him to the other side of the cell, and was then retiring—I saw him take from the table the knife that he had for the purpose of cutting fibre to make nosebags; it was a knife supplied by the prison authorities; I produce it—he took it off the table and made a desperate blow at me with it—I had the cell door in my hand at the time, and I immediately closed the door, and as I closed it I heard the knife, as I should, suppose, strike the door—I was not touched at all—I afterwards examined the door, but found no mark on it—it is made partly of wood and partly of iron; it is painted—the prisoner afterwards attempted to commit suicide—I was not present at the time—there was a charge of attempted suicide brought against him, but the Magistrate refused to entertain it, and he was committed on this charge.
Cross-examined. I do not know that he was in the passage looking after a mouse that he had had—I did not see the mouse that morning—the
affair of the mouse occurred some time previously—dangerous prisoners would not be allowed to have knives in their possession if it was known—the prisoner was allowed to have it.
By the COURT. I had no idea what the quarrel was about outside the door—I caught the prisoner by the collar with my left hand, and pushed him with my right to the opposite side of the cell—I had to use all my strength—I did not throw him into the corner, I simply pushed him; he did not fall—the knife was lying on the table about the centre of the cell; he had his work lying about there—he was not commencing his work then, it was Sunday morning—the knife was always left in the cell—I saw the knife in his hand—the door received the blow as I closed it—I heard it strike the door—I was nearly outside—there was only one blow, and that descended on the door when I had closed it—I had got out of the door before it began to descend—I saw him raise his hand in a stabbing posture and aim it directly at me, and he was on the move towards me with the knife in his hand in that way (describing)—when I last saw him he was in that position, or thereabouts, about a yard and a half from me—he had taken one step from the table or thereabout—my face was towards him as I retired; I was retiring sideways—he was in a passion, and it was my duty to keep an eye on him.
VALENTINE MOREHAM . I am an assistant warder at the prison—on 2nd October I saw the prisoner outside his cell—he had no business there at that time—he ought to have been in his cell—I told him to go back to his cell—I believe he said, "I want to go downstairs"—he caught hold of me, and tried to force his way by me—the doors are opened in the morning by the principal officers, in order to count the prisoners—I tried to force him back to his cell—Hewitson came to my assistance—when he got the prisoner into his cell I heard him call out, "Look out, he has got his knife"—I did not hear anything after that—I heard no blow on the door with the knife—I think the prisoner said something about a mouse; I can't say exactly the words he made use of—I believe he had had a mouse in his cell which had been taken away from him—that was on another flight, from which the prisoner had been transferred to the cell he was in on this morning—he was under the oharge of another officer; so I know knothing about it—I believe the mouse was taken away from him and killed—I believe one of the officers saw him with it in the exercise yard—he was fond of it—it was tame, and he was ordered to leave it out, as it was against the rules.
By the COURT. He was outside his cell—he said he wanted to go downstairs—I did not catch hold of him; he caught hold of me, and I pushed him back towards his cell—I got him in by Hewitson coming to my assistance; we both had to enter the cell to push him in, and Hewitson caught hold of the handle of the door to close it—we were a few minutes releasing the prisoner from the door; he clung to it—after he was away from the door Hewitson called out, "Look out, he has got his knife," and I saw no more of the transaction—Hewitson closed the door at that moment—I did not see the prisoner at that time—I remained outside the door for a few seconds—I heard nothing; no stroke or blow of any sort at the time Hewitson said "Look out" he had hold of the handle—he was partly in the cell and partly out—the door was on the incline, it has a spring handle—I saw no mark on the door afterwards—I went in with Hewitson and examined it.
THOMAS SHARKEY . I am principal warder at Coldbath Fields—on 2nd October I was patrolling past the cell the prisoner was in—I had got about four cells from his when I heard a scuffle—I turned round and saw Moreham in the act of shoving the prisoner towards his cell—Hewitson afterwards made a complaint to me, and I went into the prisoner's cell—he had a knife in his hand—I asked what he was doing with his knife in his hand—he made no reply—he seemed to be angry—I said, "You had better give the knife to me," and I took it from him—he did not attempt any violence towards me—he had been with me the last time he was in, and nearly all the time—he had caught a mouse, which he said had got through the ventilator—I never saw it—this was a month previous to this affair—Assistant Warders Barefoot and Foster took the mouse away—they are not here—the prisoner showed it up his arm in the yard, and made the other prisoners commit themselves by laughing at it—he would not part with it, and they had to take him into his cell—I examined the cell door—I found no new marks; not even a scratch.
JAMES BUTLER (Policeman). I received a warrant to take the prisoner into custody on a charge of attempting to stab the warder—he was taken before the Magistrate—he was also charged with attempting to commit suicide, but the Magistrate thought it was not sufficient.
The Prisoner's Statement before the Magistrate. "I did not want to stab him if he had let me go quietly. I wanted to get a mouse they had taken away from me."
NOT GUILTY .
MR. H. GIFFARD Prosecuted; MR. DAVIS defended Brocklington.
GUILTY on the Second Count. — Twelve Months' Hard Labour each.
OLD COURT.—Saturday, November 26th, 1881.
Before Mr. Recorder.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted.
REV. RICHARD CHICHESTER . I am rector of Drew Steighton in Devonshire—on 9th July, 1880, my house was broken into—amongst other things that were stolen was a New Zealand Government bond for 1,000l., No. 1713, and two other New Zealand bonds for 200l. each, numbered 2451 and 2452—the bonds were afterwards produced before the Magistrate.
Cross-examined by the Prisoner. Some Portuguese bonds were also stolen—they have been lost sight of—I am not aware whether they have been negotiated—I did not send a friend of mine to visit you in Millbank Prison; he went on his own responsibility—I don't know what he said to you—I believe the bonds were sold abroad—I know nothing about them—I supplied the police with the numbers—all possible inquiries have been made to trace the source from whence the bonds came, but without success as far as my being able to recover them—they were three bonds of 200l. each.
Street, London Eoad—I knew the prisoner for some time by the name of Walter Tait—in October last he brought me a New Zealand bond for 1,000l.—I don't remember the number of it—it was produced before the Magistrate—he wanted to borrow 200l. upon it, and asked me to lend it him—he had borrowed money of me before—I lent him the 200l. on it, and he gave me an I 0. U for the sum, leaving the bond with me—in the early part of December last year I saw him again, and asked him to repay the loan—he said it was not convenient for him to do so, but he asked me to give him a letter of introduction to my bankers, the National Provincial Bank—he said he would open an account there, and get a further advance upon the bond, and repay me out of it—I gave him that introduction, and he gave my name as a reference—the manager wrote to me for a reference, and I answered the letter, and the prisoner opened an account there—he did not get the advance—he told me they did not care about the security—I then gave him a reference to the Imperial Bank—this (produced) is the letter I wrote to the manager, and the prisoner opened an account there—he called on me and said that he told the manager I had lent him 500l., instead of 200l., and I think he gave as a reason, that 200l. seemed rather small on such a large security—he handed me a cheque for 500l., signed by himself, payable on the delivery of the bond, which I was to present to the bank the following day—I did so, handed the clerk the bond for 1,000l., and he handed me 500l. for the cheque—next day the prisoner called on me, and I handed him 300l., the difference between the 200l. that was due to me and the 500l.—he paid me interest at the rate of 6 per cent.—when he originally asked me for the loan on the bond he did not tell me where the bond came from—he did not say anything about it—he said when he applied for the loan that the bond was settled on his wife, and that was the reason why he could not sell it, although he could get an advance on it.
Cross-examined. I have always known you as Walter Tait—Mr. McNalty also knew you by that name—I have recently heard that he knew you as Walter Selwyn for years—I have known you between two and three years, that I swear—McNalty is not an accomplice of mine in anything—the bond was never in my hands before it was in yours—I got the majority of the 200l. which I lent you, from yourself, in payment of another loan—I had lent you money upon the security of a Queensland bond—I cannot give you the number of it—I did not take the numbers of any of the bonds I have lent you money on—I never applied for a bill of sale on my goods, and never asked the manager of the Provincial Bank for a small loan on my house in York Street—I never kept a large balance at my bankers—more than 10l. or 15l. certainly—50l.—since this case came up I have heard that a charge of unlawful possession was made against you last summer—I did not know that McNalty was your bail on that charge—I did not go to Newgate to visit you with McNalty; I went with him to Newgate when he said he was going, but I went away—I read this case in the papers at the time, but I did not connect you with it—the house in York Street is jointly in my name and McNalty's—the furniture is not my own—I have not got much more interest in it than the red lamp over the door—I certainly deny that you got the 1,000l. bond from me; I never saw it till I got it from you—I did not see McNalty cut off any of the coupons; I never saw him with the bond in his possession, or any coupon—I went to the manager of the
London and County Bank at Brixton towards the end of December, or beginning of January, and, instigated by you, I told him that you had a loan from me on some bounds—I told him X did not think I had a loan of 1,200l. on some bonds, but I told him that I wanted a loan of 1,200l.; I told the manager that I had borrowed either 700l. or 800l. on a 1,600l. bond, and that I wished him to take it over, but he declined; I did this very much against my wish in order to benefit you—I have not concealed anything; I gave in a written statement in which I mentioned that fact as well as everything else—I said nothing about it at the police-court because I was not asked—I understand that you charge me with receiving the 1,000l. bond knowing it to be stolen, and that McNalty was my accomplice, and I understand also that you have been trying to weave a coil round me in order to throw the blame on me and McNalty—I remember a clerk of the Imperial Bank calling at York Street after these bonds were found to be stolen; I think I saw him, not there but at Elgin Gardens—I did not on 29th January give McNalty a coupon dated October, nor did he take two out of his pocket and put them in the fire—I opened a banking account in January; I had intended to do so for a long time; I have had an account at the National Provincial in Newcastle, and also with the Yorkshire Banking Company at York—I will not swear that the manager of the London and County Bank did not ask me for the numbers of the bonds; he may have done so, I cannot remember—I did not apply last year to the National Provincial for a loan on York Street; I applied some years ago.
Re-examined. I was communicated with in reference to this case, and I wrote out a statement of my connection with the prisoner, and all I knew about these bonds; in that statement I mentioned about the London and County Bank—I answered all the questions that were put to me at Guildhall—this (produced) is the written statement I made at the time.
JOHN WHITTER SMITH . I was formerly manager of the Westminster branch of the Imperial Bank—about the end of November last year the prisoner called on me; at that time he had opened an account, and we had received references to Mr. Davis and Mr. McNalty—he said he had a New Zealand bond for 1,000l., and that a friend of his, Mr. Davis, had lent him 500l. on it; that he wished to sell that bond, and would be glad if I would make a fresh advance on it; it was arranged that 800l. should be advanced on the bond—I knew the prisoner as Walter Tait, 9, Victoria Chambers, Westminster—the 1,000l. bond was afterwards brought to the cashier of the bank; the 600l. was first paid to Dr. Davis—this (produced) is the prisoner's pass book—his account was opened on 27th November with a deposit in cash of 50l., and on the 2nd Dec. there appears loan 800l., and on the other side Davis 500l.—afterwards the prisoner deposited at the bank two 200l. bonds, on 10th January, for a loan of 300l., and we advanced a further 100l. On the 13th—I remember receiving a letter from the prisoner, but I do not recollect the date; it was lent to the Treasury at the time of the prosecution, and we have not seen it since; we were requested in that letter not to collect the coupons as he was going to redeem the bonds afterwards; it was signed in the usual way, "Walter Tait"—towards the middle or end of January we wrote to his address, Victoria Chambers, and got no reply—all the boards were produced before the Magistrate.
Cross-examined. You seemed to be in good circumstances—I should not have lent you money had it not been for the references; had I known that all Davis had at Elgin Gardens was a red lamp I should not have lent the money.
ROBERT HILLYARD BIRD . I am a receiving cashier at the Westminster branch of the Imperial Bank—on 9th January, 1881, the prisoner called at the bank, and in the absence of the manager I saw him; he said he called in reference to an advance of 350l., which he required on two bonds, Nos. 2451, 2452—I told him the manager was out, but that I would submit the proposal to him—I asked him about the value of the security—he said he would place the bonds in my hands—I said the security was very good, but had he no other, if it should not be considered sufficient?—he said he had other security in the country which he could bring up, but he afterwards consented to take 300l.—at that time he had an account at the bank—he subsequently called and asked if I was satisfied with the security, and I told him I was satisfied, and that 300l. had been placed to his credit, and the bonds were left at the bank.
JAMES EDWARD KING . I am secretary to the Victoria Chambers Company, Limited—about the 10th or 11th November last year the prisoner called, and gave the name of Walter Tait—he said he was desirous of taking an office, and wrote this letter, giving a reference to Mr. H. McNalty, York Street—he never took possession—he called and asked me to let him have letters addressed there, and letters were addressed there—I never heard any more of him.
Cross-examined. Rent would have been due if you had been in possession; but I never considered the question, and never sent you notice to pay rent, because you did not have the key.
EDWARD HANCOCK (City Detective Officer). I took the prisoner in custody on another charge; I said "You will be charged with unlawful possession of French Eentes; and there is a warrant against you for obtaining money by false pretences"—he said "No"—I said "There is another charge against you for being concerned in a burglary committed at a rectory in Devonshire in November last"—he said "You are wrong, I can prove where I was at that time"—I said "Among other things stolen at that time was a New Zealand bond for 1,000l., and two for 200l. and I know that you have deposited them in the name of Tait at the Westminster branch of the Imperial Bank"—he said "Were they stolen? McNalty and I have both been deceived; we thought the things were nobbled in Paris"—he had refused his address—I said "You had better give your address; it will come better from you than me"—he said "I have no address"—I don't think there was any other conversation; I went with the prisoner to the police-station.
Cross-examined. To the best of my recollection I used the word by before the Magistrate—I decline to say who told me that you had negotiated the bonds.
The prisoner called
WILLIAM EDWIN WHITE . I am manager of the London and County Bank at Brixton—I saw the prisoner in May last, when he was convicted of forgery at this Court—I was not called as a witness then—I was subpcenaed by the prisoner's solicitor—I know Francis Edward Davis as a customer at the bank—I have two letters of his which I produce—on 3rd January Davis applied to me for a loan on some New Zealand bonds I
did not tell him that before advancing the money I should like to know the numbers of the bonds; I don't think the numbers were ever brought in question—the loan he asked for was 1,200l. at first—I agreed to advance him the money if he deposited the bonds with me—I think he said he had borrowed 1,000l. from a friend; I don't think he named the friend—he afterwards wrote saying he should not require the loan—I have not advanced money to him on Portuguese or other bonds—I have known him since January last—I was a little surprised at his declining the loan; I thought he had made arrangements elsewhere—I do not know McNalty—I have never seen him with Davis to my knowledge.
JOHN MOYSEY . I am the manager of the London Trading Bank—I have never seen you before to my knowledge—I had not the least idea when I was subpoenaed what evidence I was to give—I do not know Henry McNalty—I never saw him or heard of him till I came into this Court—I never had a letter from him—there is no sub manager at our bank; it is not large enough.
The prisoner, in a very long defence, repeated that he had received the bonds from the witness Davis, and that he did not know they had been stolen till 29th January; that Dan's and McNalty were the really guilty parties, and that they had made him their dupe; he also urged that this prosecution was merely pre ceeded with for an indirect purpose, and not for punishment, as he teas already under sentence of five years' penal servitude, and as he was not likely io have any additional sentence he could have no motive in stating anything but the truth.
GUILTY of receiving. He also PLEADED GUILTY to the previous conviction, as on his formertrial.— Six Days Imprisonment.
NEW COURT.—Saturday, November 26th, 1881.
Before Mr. Common Serjeant.
MR. CHILD Prosecuted; MR. J. P. GEACT defended Black.
GEORGE OAKE . I am manager to Mr. Guest, who keeps the Frankfort Arms, Hackney Road—I have seen Kunz there as a customer—he came in on 5th or 6th September, and said "Oake, will you change me a cheque one day this week?" I said "Yes;" I had changed two or three cheques for him before—he said that it came from Germany—on Saturday, 10th September, he came again, asked for a glass of ale, and handed me this cheque—I said "Is this cheque all right?" he said "I will take an oath that it is right"—he endorsed it, and I gave him 13l. 13s., and he gave me back 2l. which I had lent him—I gave the cheque to Mr. Guest on the 12th, and on the 14th it was returned marked "Account closed"—I believed that the cheque was good, and that it came from Germany—this is it. (Dated 10 Sept., en the Central Bank of London. Shoreditch Branch, for 13l. 13s. payable t C. Kun% or order. Signed W. Black Co,")—on 16th or 17th September Black came in, and I asked him if the signature was his writing; he said "Yes, it is quite right"—he said that he had been to Harrow Road Police-station to surrender himself, and that Kunz begged him to let him have the cheque
Cross-examined. I do not know in what part of the world Germany is, I can't say whether it is in Scotland—I have never been to school—I can read a little—I believed the cheque came from Germany, though "London" is printed on it—I saw who it was signed by—I do not also do a little in the betting line—I generally go once a year to the Oaks—I have never had betting transactions with Kunz—Newmarket is my Native place—I saw a horse called Personal there in the town last July Meeting, but I do not think he ran at that meeting; that was the first time I was there—I don't think I ever made a bet on Personal—I never had a bet with Kunz in my life, nor has he come and made bets for ether people—I was at Brighton Races once; I did not back Whiteehapel there—I have known Kunz six or seven months; he used to some and have a glass of ale—this 13l. 13s. was my master's money—the other cheques I changed for Kunz were always right—I never saw Black before to my knowledge.
Gross-examined by Kunz. I did not give you 11l. 11s. only, but the Whole 13l. 13s.—it was on the 5th that you asked me to change a cheque from Germany—you repaid me the 2l. loan, and gave me 2s. for the Christmas goose club.
Re-examined. I change from 20 to 25 cheques every week—I had lent Kunz 5s. and 10s. at a time, and the 2l. belonged to me—I should not hate lent it to a man who was not a customer—it was not a betting transaction.
GEORGE GOSLING (Police Inspector X). On 6th October, about 12.30, I met Kunz in Paddington, and said "Mr. Kunz, there is a warrant lying at the station for your apprehension for obtaining 13l. 13s. by false pretences;" he said "I have been away, Mr. Gosling, for some time, and when I came home my wife told me there had been a summons brought, something about a cheque, but I did not get it in time to attend the police-court. Billy Black owed me some money, and told me it Was all right) and I thought it was all right"—he said nothing about Germany.
Cross-examintd by MR. GRAIN. Kunz did not say that he had borrowed the cheque from Black—I believe a letter was received from Mr. Lewis Lewis saying that he should surrender Black, and I believe he came voluntarily to the station; I was not there.
Gross-examined by Kunz. You are very respectable, and have never been charged with anything.
WILLIAM GILDER PROCTOR . I am a clerk at the Central Bank of London, Shoreditch branch—on 5th May, 1880, an account was opened there by two persons trading as Black and Co.—this is an examined copy of the ledger made by myself. (MR. GRAIN objected to this, as the Act required the bank manager to be present, or his affidavit to be produced, that the copy was a correct copy from a book belonging to the Bank, in the absence of which the books ought to be produced.)
By the COURT. The ledger is one of the books of the bank, and the entries were made in the usual course of business—the book is in the Custody of the bank; this is a copy of the whole transactions in it. (The witness teas then allowed to refer to the copy.)
By MR. CHILD. The account was closed on 30th June, 1880—it was then overdrawn 6s. 10d. by our charge of 10s. 6d.—the signature on this cheque is William Black's—the last transaction we had was on 18th
May—we should not have allowed the account, from the nature of it, to be reopened—the highest balance he had was 33l.—before the account was closed five of Black's cheques were returned, and after it was closed two of them were returned again—I only saw Black once, when he signed the signature book—he signed the cheques as "Win. Black and Co."
Cross-examined by MR. GRAIN. When small accounts are a little overdrawn we send a notice; it does not follow that we close the account—it is not our practice to send a notice that we have made up our minds to close a customer's account, and Black might have imagined that supposing he had money to pay in, we should receive it if he sent it, or if any money was paid in to that account, that a cheque would be honoured—there was 3s. 8d. to his credit before we deducted the 10s. 6d. for keeping his account—a man named Everest was in partnership with him, but I don't think he appeared at all, except to sign our signature book.
Re-examined. We should not hate reopened the account, on account of the number of cheques we had returned—one was returned on 19th October, after the account was closed—I think Black had 50 cheques, he has the book still—the principal part of the cheques drawn were in Black's writing—we paid seven cheques, and he would have 34 still.
ALEXANDER PIKE (Police Sergeant). I received a summons against Black on, I think, 4th October—I left it with his mother—I saw him on the Sunday afterwards, and asked him if he had received it—he said "Yes, quite right, I will attend to it."
Cross-examined by MR. GRAIN. I have known him 14 years by sight, and know nothing against him.
Cross-examined by Kunz. I know nothing against yon—you are a German baker.
The Prisoner's Statements before the Magistrate. Kun% says: "Mr. Black owed me 13l. 13s.; he came to me at the house where I was employed and wrote me out that cheque, and said "You can get that cashed," and then he went away and left me, and I did not see him again. I have changed several cheques with Mr. Oake and nothing has ever been wrong. I did not know but what everything was right with this cheque. I have no witnesses." Black says: "I utterly deny what Kunz has said; beyond that I reserve my defence."
Kunz's Defence. As we left the chapel on Sunday morning Black handed this letter to me (produced), and said "Copy that and let me have it back." I handed it to the chiet warder, who handed it to the governor of the gaol, and you can see by that how Black signs his name. In that he wants me to give false evidence not only as to myself, but as to Mr. Oake, making out that he is a betting man; but I have never had any transactions with him in my life, but I have used the house. Black owed me 13l. 13s. He often came to my premises where I was at work, and on 3rd September I actually borrowed 1l. 3s. for him. He said "I shall be able to pay you next week," and he came and said "Have you pen and ink? I got it, and he pulled out his cheque-book and gave me this cheque, and I got it changed at Mr. Oake's, and it turned out to be wrong. The last thing I should have thought of would be robbing the man of the money. I gave the paper to the warder directly Black handed it to me, and he signed my name instead of his own.
MR. CHARLES MATHEWS and MR. PURCELL Prosecuted.
FREDERICK THEGE . I live at the Brown Bear, Leman Street, Whitechapel, when I am in London—I deal in German canaries, which I bring over to this country—I have sold canaries to the male prisoners three or four times, and Morris has been with them twice or three times—Davis went by the name of George Davis, 86, Wickham Street, Lambeth—I only knew Onley as Joe—I once asked Davis if Morris was his wife, and he said "Yes"—on 2nd September Davis and Onley came in and Davis handed me this letter: "November 1st, 1881. Dear Sir,—Can you get me some good German canaries? I can do with 50 or I can do with 100; you can send 50 cocks and 50 hens; I will forward money. Frederick Morris, teacher of music and foreign languages, Catherine Villas, Rochester, Kent"—Davis said that he had no money to pay for them, but should like very much to fill up the order; he asked me if I would send them up—I said "I will see what I can do," and said "Who is Morris?"—he said "Morris keeps a big store; one side of it is fixed up with music, and the other is fixed up with fancy cages for birds, and it is laid out with fancy tiles, and is a splendid place; that it was established in 1860, and that he had 400 children to instruct in music and foreign languages, and Joe said that he had sent Morris a dog and had received the money for it the next day—next morning I received this telegram: "Rochester, 9.5 a.m. From Francis Morris, Catherine Villas, Star Hill, Rochester, to Mr. Thege, Brown Bear, Leman Street, Whitechapel. Please send 200 hens and 100 males this night to Chatham; will meet train; cash sent at once"—in consequence of that I placed 300 canaries next day in 203 cages, went by train to Chatham, and took them to Catherine Villa, Rochester—a boy named Bourne came out of the house as I approached and gave me this note, saying that a lady had left the house and given him 2s. to stop there and hand it to me. (This was from Francis Morris, telling the witness to go to Mr. Marsh' s, 49, High Street, New Brompton, and Mr. Morris would be there to pay him.)—I went with the boy to New Brompton, four miles off, leaving the birds at Catherine Villa, and found Mr. Marsh in a chemist's shop, but found no trace of Morris—I then returned to Catherine Villa and saw Mrs. West, the landlady, but the birds had gone, cages and all—I went with Mrs. West to Strood Station, and found the birds and cages there, labelled for Meopham—a little while after that the prisoner Morris was found hiding on the platform with a child; a policeman fetched her; I recognised her and she was detained—the birds were worth about 30l.—I took them down to Rochester on the faith of the letters and on the representations made by Davis and Onley—I afterwards went to Wickham Street, the address Davis gave me—there were a lot of birds there which I believe to be what I had sold him previously—he had given me part of the money only; I do not know whether I shall get the rest.
Cross-examined by Morris. When I gave you in charge you said you were bringing the birds back to Whitechapel because your husband had not the money to pay for them—ho has bought birds of me before and paid for them—you said that Morris was your husband.
Cross-examined by Davis. We always sell the cages with the canaries—the
cages were in the same bill—you bought 112 birds of me on the Friday before—you said that you were advertising in the papers—you paid me 18s. which you owed me—you bought 180 birds and paid me 4l. and owed me 2l.—you bought the hens at 8d. and the cocks at more, and you sold the hens at 1s. 3d. and the cocks at 4s.—you asked me for your commission—you always paid for me for what you had with the exception of 2l.—you bought 112 birds on Friday and 120 on Wednesday.
Cross-examined by Onley. Davis did not tell me where he was going to take the birds on the 28th.
Re-examined. Morris told me on the platform that her husband was Morris and not Davis—I have valued these birds at the prices I and Davis agreed on.
STEPHEN WHITE (Detective Sergeant H). On 4th November I went to Chatham and found Mrs. Morris detained by the local police—I said, "I shall take you in custody for being concerned with two men for obtaining 300 birds and 200 cages from Mr. Thege, of the Brown Bear, Whitechapel"—she said, "It is a bad job, the birds were too conspicuous; if I could have got them to Meopham I should have been all right," (that is two stations this side of Eochester); "my husband's friend was there waiting to receive them; it had been arranged two or three days before; it is the first time we have tried this game; my husband and his friend wrote all the letters in London; I took the room for the purpose of receiving the goods"—I showed her this telegram, and she said, "I sent that telegram"—I then showed her this note containing the words, "Mr. Morris will be there and pay," and she said, "I gave the boy 2s. to give that, note to Mr. Thege"—she had been searched, and a policeman handed me this envelope, "Mr. Harris, 86, Wickham Street, Lambeth, London," and a third class ticket, Meopham to London, dated 3rd November, and two Meopham luggage labels, which the birds had been labelled with—I brought her to London—she said that she wished she had never married him—she did not mention any name, but I thought she meant Davis—warrants were then granted for the apprehension of Davis and Onley—in consequence of information I went down to Eochester on 6th November, and found Davis detained by the local police—I said, "I shall take you in custody for being concerned with Sarah Morris and a man, for obtaining 300 birds and 200 cages from Mr. Thege, of White chapel"—he said, "right! I don't know Mrs. Morris; have you got Joe?"—I said "No"—he said, "He is as bad as I am, and has had as much to do with it as I have; in two caught"—I showed him this note marked "A," and he said, "I took that note to Mr. Thege; Jos, like me, thinks you can't touch him; have you been to my house?"—I said "Yes"—he said, "I did not leave there till 4 or 5 'clock; Joe wanted to come with me, but I thought it would cost too much money; so I came down to see her myself; Joe is waiting at Victoria for me to come back; what have you done with the child? I do not know why I should bother about other people's kids; she is not my wife; I thought the canaries were there as I had not heard anything"—a third class railway ticket from Strood to Cannon Street, dated 3rd November, which had been taken from him, was handed to me—I brought him to London on Sunday, 6th—on Monday, 7th, between 8 and 9 p.m. I saw Onley with a woman at London Bridge Station—they went from there to Southwark
Street—Abberline and I followed them—I heard the woman say, "Don't, Joe, you will kill me"—he had knocked her down several times and kicked her, and upon that Abberline went up to him, and he made a statement—I afterwards went to Mrs. West's house, Catherine Villa, Rochester, and received from Mrs. West 52 letters addressed "F. Morris, Catherine Villa, Star Hill, Bochester;" several of them were addressed, "Professor of Music, and Instructor in Foreign Languages"—I also received two watches, three rings, a petticoat, a shawl, a bushel of apples, a silver locket, and four valuable dogs, one a St. Bernard, and two pugs and a mastiff, also two copies of the Bazaar, Exchange, and Mart, which have some advertisements marked in them applying in most instances to the articles found.
Cross-examined by Morris. Mrs. West handed me the Exchange and Mart, and I saw some watches and rings there which I did not take till the next day—I could tell by the postmark when the rings were posted—you were taken on the evening of the 30th November.
Cross-examined by Davis. I showed you this letter in the train—I did not show you one which Morris had sent somewhere and say, "You know whose writing that is"—I did not say "That woman is a brick, she won't open her mouth"—I did not say, "You are not married to that woman"—the Magistrate ordered me to give your money up to you, but I have not done so because you could not give a receipt for it—you said, "I can't write, but give it to my mother"—she has never been lor it—I do not know her.
Cross-examined by Onley. I found nothing at your place—Mr. Thege said that he gave you the wood which was found there; some old pieces of boxes, for you to make cages of—I saw you knock the woman down in the Borough Market in the corner of Southwark Street, and when she came to the station she had a black eye—she was a prostitute.
KATE LENA WEST . I am the wife of Samuel Joseph West, of Catherine Villa, Star Hill, Rochester—on 24th October Morris called—she said she was Mrs. Morris, and wanted to take furnished apartments—I asked what references she could give—she said that Mr. Morris was the transfer manager of the "Pearl Life Insurance Company," and that he would be in Rochester about 12 months—she engaged the rooms on a Saturday and took possession on Tuesday, 1st November, and said that her husband would come on the following Saturday, that he would be out frequently and she had a deal of writing to do for him, and she wanted a room which would serve as a bed and sitting room, and no attendance—she offered to pay 6s. 6d. a week, and left a deposit—she came on 1st November between 8 and 9 p.m. with a little girl; they slept there—she went out between 2 and 3 on Wednesday afternoon—I also went out, and, on my return, my attention was called to a number of canaries in her room—she came with a cab between 4 and 5 o'clock and took the birds and cages away—she said she was going to take them to Strood Station to send them to her husband—after she left Mr. Thege came back from New Brompton—that was between 5 and 6 o'clock—I went with him to the station, where I saw the canaries—I afterwards saw Morris standing quite at the end of the platform in a corner—I know no person named Morris a teacher of music at Catherine Villa or a dealer in, birds, or any where in the neighbourhood—no one at Catherine Villa has a handsomely fitted-up place with fancy cages for birds—the house has
slates, not tiles—400 children do not come as pupils—I have been there three years.
Cross-examined by Morris. You were at my house from November 1st to 3rd; during that time you received two telegrams and five letters, but we received 52 letters altogether—I handed you 5 out of the 52, and you accepted them as Mrs. Morris—the others arrived afterwards—there were also some registered letters, which I presume were for you—I saw you bring a parcel in on the 2nd November, and after you were arrested some dogs arrived; they were addressed "To be left till called for"—I paid them, and took them in.
Re-examined. Five dogs came to my place, besides one which a young lady brought herself, from Maidstone, and which I did not take in—one little thing was only about three weeks old, and it was the greatest difficulty to keep it alive—I brought it up by hand—reigstered letters came after Morris was arrested, and parcels also.
JAMES CLEMENT BOURNE. I am 13 years old, and live at 5, Bell Lane, Rochester—on Thursday, 3rd November, I was at the top of Bell Lane—Morris spoke to me, and said "Are you out of place?"—I said "I don't go to school, and I have nothing to do"—she said "Come to Chatham Station with me at 3 o'clock?"—I said "Yes"—I went with her to Mrs. West's; we got there about 2.50—she told me to go upstairs and look out of the window, and watch for a man who would bring some birds, and when he came I was to give him a note, and take him to High Street, New Brompton; she gave me the note produced—I saw her write it—she then went out; she promised me 2s., but did not give it me—I went upstairs, waited for the man, looked out at the window, and saw Mr. Thege come half an hour after she left with a quantity of birds—I went down and opened the door to him as she told me—he left the birds, and walked with me to 49, High street, New Brompton; that is a long way—we could not find Mr. Morris there, and we returned to Mrs. West's—the birds were the gone HENRY WILLIS. I am manager to Mr. Marsh, a chemist, of 48, High Street, New Brompton; he has been abroad about 15 months—on 3rd November Mr. Thege and Bourne came there between 5 and 6 o'clock, and spoke to me—I knew nothing of the purchase of any canaries—I had not authorised anybody to send for the birds—I did not know Mr. Thege.
JOHN FREDERICK BRINSTED. I live at 1, Star Road, Rochester, next door to Mr. West—on 5th November, in the evening, I saw Davis at the bottom of my garden—he said "Where does Mrs. Morris live?"—I said "She has taken apartments at Mrs. West's, next door," and told him she was locked up for swindling—he seemed surprised, and said "I have come from London to arrange with Mrs. Morris about some birds"—I said "If you get a local paper you will see all therein"—he said "I and my brother are two hardworking me, and we don't want to be swindled"—I said "If you go into Mrs. West's you will hear all about it"—he said "Oh no, perhaps the woman won't like it!" and thanked me—he was outside my premises—he went down the hill away from Mrs. West's—I told my father.
Cross-examined by Davis. I did not say that a set of harness had just been sentfor Mr. Morris.
at the railway-station—on 5th November Mr. Brinsted made a communication to me, and I engaged private enquiry sergeant Reed—I went with him to Strood Railway-station, and found Davis on the platform—Middleditch took him in custody—a number of letters came to Catherine Villas; some of them registered, and some post-cards—I am speaking of the 3rd to 12th November—I searched the room at Catherine Villas, and found a large quantity of German cages containing canaries, and a letter came containing a silver locket, one side engraved with a name—on 6th Oct. a pug pup, about three weeks old, came by railway—I received 40 lb. of apples, a silver locket, three gold lockets, two gold rings, thirty-eight letters, five post-cards, a shawl, and a petticoat—I found three copies of the Exchange and Mart—two of them were in the room let to Morris.
Cross-examined by Davis. I asked you why you went away when Mrs. Morris was locked up, and you said you had only come down to make some inquiries about some canaries.
FREDERICK ABBERLINE (Police Inspector H). I was with White on the evening of 7th November, and we followed Onley and a woman from London Bridge Railway Station to Southwark Street; I heard the woman cry out "Oh don't, Joe!"—he had either struck her or pushed her down—we went up to him, and I said "I am an inspector of police, and shall take you for being concerned with a man in custody, for obtaining a quantity of birds and cages from this gentleman," pointing to Mr. Thege—he said "Oh yes, I remember that gentleman, Davis told me he was going down to his place for birds, and I went with him, but I did not know he was going to swindle him out of it"—he said to Thege "You gave me the crate"—Thege said "Yes"—I read the warrant to him, and he said "I have nothing to add to what I have already said"—on the day before that I went to 87, Wickham Street, the address of Davis and Morris, I was shown a room on the ground floor in which were about 100 canaries in small cages and four copies of the Exchange and Mart, with some marked advertisements, several of which are referred to in the correspondence—I found several blank memorandum forms in a drawer similar to these. (The letter headings.)—also two post-cards and two letters.
Cross-examined by Davis. I have got a dog collar, which I found at your place—there is no owner for it.
MARY ANN MUSTIN . I live at 87, Wickham Street—I let a room on the ground floor to Davis and Morris; they came there in March, and lived as man and wife in the name of Harris—letters came addressed there in the name of Harris and of Davis—I received some of them, and gave them to Harris, but they generally took them in themselves in the morning—I showed their room to Abberline—Onley came once or twice—Mrs. Harris dealt in birds, and I believe he was employed to sell them—she went away, and left the man behind—Mrs. Harris is the female prisoner—after she had gone Davis said that she was not his wife, and she had no business in the place.
Cross-examined by Morris. You went away twice, and the second time you said you were going for three months—when you came back you told me Davis was not your husband, and that you were living with. Harris—I said, "Don't you think it would be better if you were married?"—you said that you had lost your husband.
Cross-examined by Davis. You lived in my house about eight months—you bought birds, dogs, and monkeys, but no buying and selling took place.
Re-examined. I know nothing about his having watches and jewellery—they were quiet people, and always kept their door closed; I never noticed what they were doing.
WILLIAM MARTIN . I live at 27, Waterloo Boad, "Oxbridge—I advertised a pug bitch in the Bazaar and Mart, and received this letter: "Catherine Villas, Star Boad, Bochester. Dear Sir,—If your pug bitch is not sold please send me in hamper. Will remit cheque for 3l. 10s. If you don't like to send it I must decline.—FRANCIS MORRIS"—I replied by this postcard: "November 3rd. Dog will be sent off to-morrow morning by first train"—I sent the dog, but have never received the money—the dog has been recovered.
Cross-examined by Davis. I did not send the dog on approval.
LAURA HARRIS DUNN . I live at Belvedere Lodge, Southport—I advertised a petticoat in the Bazaar and Mart, and received this letter in reply (On the same printed heading): "November 2nd. Madam,—I will have the hand-made petticoat, price 7s. 6d., if not sold please forward; I will return cash. If you do not care to send, please reply"—I replied: "November 3rd. Sir,—Trusting to your honour, the petticoat will be sent off to-morrow morning. I don't think you can help seeing it is a bargain"—I sent it, but never received the money.
EDWIN HOLMES . I am assistant to a music-seller, and live at 15, Fleming Boad, Kennington—on November 2nd I advertised a grey parrot in the Bazaar and Mart, and received this letter.(From Francis Morris, on the same printed heading, requesting the parrot to be sent to him, when a cheque for 5l. would be returned.)—I sent this reply. (Declining to send the bird till the cheque was received.)—no cheque came, and I did not send the parrot.
CAROLINE ORBALL . I live at 2, Hope Terrace, Walham Green—I advertised a pug in the Exchange and Mart under the name of "C. M.,;" and received this reply: "Mr. M. Sir,—Please send me your pug; on, receipt of same will forward P.O.O. by return post. It is as much as I can afford to give, as I only want it for a present"—I replied on November 4th (Requesting P. 0.0. dated in advance or the deposit of the money with the manager of the "Bazaar and Mart")—I did not send the dog.
MARTHA LOTHIAN . I live at 88, Bichmond Boad, Kennington—I advertised a velveteen skirt in the Bazaar and Mart, and received a letter on a memorandum form like these requesting me to forward the skirt—I replied on November 7th describing the skirt, but received no reply aud did not send it—it was early in November.
WALTER JAMES WOLFE . I am a clerk—I advertised a silver watch in the Bazaar and Mart, and received this reply. (Dated November 2nd, and offering an 18-carat gold Albert chain in exchange for the watch.)—I replied, "If you will deposit 3l. with the editor of the Bazaar I will forward watch on approval, and you can then forward your chain to me"—I afterwards wrote this letter. (Stating that the editor had not received the deposit.)—I did not forward my watch.
WILLIAM TERRELL . I am a mantle salesman, of 10, Albany Road, Kilburn—on November 4th I advertised in the Exchange and Mart a King Charles dog, and received this reply. (Signed "F. Morris," requesting that the dog might be sent on approval.)—I sent this answer. (Requesting the writer
to meet him half-way on the road on Sunday with the dog, or else deposit the money with the editor.)—I received no reply.
Morris's Defence. Everything came after I was in custody, and therefore I am not responsible. My husband is at Chatham still.
Davis's Defence. I can prove where her husband lives. We had a few words and she left me. I am not liable for her actions. I have often bought things through the Bazaar and Mart, and have had five or six dogs sent, and not being able to pay for them have sold them and sent the money to the owners. I do not know where the letter came from. He took the birds to Rochester on his own responsibility.
Onley's Defence. Mrs. Morris went down to Chatham three weeks ago and sold 100 birds. We met her, and she told us what sort of a place it was. I saw the German take the letter and read it. He gave me some wood. I posted two letters for him to Chatham. I do not know more about the case than you do.
MORRIS— GUILTY.* Recommended to mercy by the Jury. — Twelve Months' Hard labour.
DAVIS— GUILTY .— Eighteen Months' Hard Labour. ONLEY—
NOT GUILTY .
FOURTH COURT.—Saturday, November 26th, 1881.
Before Robert Malcolm Kerr.
MR. DOUGLAS. Prosecuted.
ANN COX . My husband is a police inspector at Chiswick Station—we live with our family at the station—on October 25th I was in the kitchen about 9.10 p.m. and heard footsteps, and I went upstairs and found the front door a little way open—I went in the front room—this stick was moved to the front room door—I heard a man under the bed—I called out; there was no answer; I stepped forward, and peeing the man's head from under the bed I called out "Whoever is there you come out," and I stepped into the passage—the prisoner stepped forward and said "I do not wish to hurt any one"—I seized him by the collar and screamed and struggled, and nearly lost him—a constable secured him.
EDWARD LAMBERT (Police Inspector). The prisoner was brought into the station—he said "I did not know it was not a police-station; I went there and went under the bed to stay for the night; I have no money to pay for lodgings; I did not move the stick; my foot went against it when I went in."
Cross-examined by the Prisoner. You said that you went under the bed, after the witness had stated it.
ROSE COX . I am Mrs. Cox's daughter, and live with her—on the 25th I came in about 9.10 p.m.—I closed the door—that was before I heard a disturbance in the house—there is no other way of getting into the bedroom except by opening that door and going through the passage.
The Prmner's Statement before the Magistrate. "I was cold and tired.
I wanted a lodging. I wished to be locked up, as it was too late to get into the workhouse."
Prisoner's Defence. I knew perfectly well it was a police-station, and I was destitute. I had been walking about all day, and I had no money to pay for lodging.
GUILTY .— Six Months' Hard Labour.
MR. J. P. GRAIN Prosecuted; MR. HOEACE AVOEY defended.
THOMAS RANDALL (Detective Officer G). On 11th December, 1880, from information I received, I went with Latter, a City officer, to 8, Red Lion Market, St. Luke's, where the prisoner lives—I saw him there—I searched the premises and found six rolls of serge under a bed done up in a truss—I called out "Look out, it is all right"—the prisoner rushed from the front room, seized me, threw me over the foot of the bed, and escaped—I gave information.
Cross-examined. I found the serge on the floor—the prisoner was in the right-hand room—there is a bed in one room and two in the other; he occupied both.
EDWARD LATTER (City Detective Sergeant). On 11th December I went with Randall to the prisoner's house—I said to the prisoner that we were two police officers, and were going to search his premises for a quantity of serge—he said "All right, sir"—I passed him and began to search the place—I found twelve rolls of bed ticking done up in packets under the bed—when I heard Randall call out something I looked round and found the prisoner was gone.
Cross-examined. I saw Randall tying on the bed—it is two rooms knocked into one.
CHARLES MANSELL (Policeman G 87). I saw the prisoner on 20th October in Great Eastern Street; when he saw me he ran up the Street—I ran after him; a man named Morley caught him—he waa thrown, and we had a considerable struggle—I took him to the station, and he was charged.
Cross-examined. I told him what it was for—he was very violent; another policeman came and we secured him—I was not looking after him; I had not been to his house.
JOHN THOMPSON . I am warehouseman to Johnson and Sons, Palace street, Manchester, linen manufacturers—on 3rd December, 1080, I sent up by the Great Northern Railway twelve pieces of linen tick addressed to McArthur and Co., of Cripplegate—I have seen those pieces in the possession of the police—I had a communication from McArthur's as to their non-arrival.
Cross-examined. I saw it on 28th October last for the first time since it left our warehouse.
ANDREW HELLISH . I manage the serge department of Mellish and Sons, of Ingram Street, Glasgow—on 8th November I sent fifty pieces of serge to Messrs. McArthur, of Cripplegate, in four bales, by the Great Northern Railway—I have seen six pieces in the possession of the police, a portion of the fifty I sent off—I received a complaint of their non-arrival from McArthur.
Johnson and Co., of Manchester, of some goods—we never received the twelve pieces of linen tick—that in the possession of the police would answer to the goods in the invoice.
JOHN EDWARDS . I am a porter in the goods department of the Great Northern Railway—on 4th December I checked truck 14071—I found a parcel addressed from Johnson and Co., of Manchester, to McArthur and Co., of London, according to invoice—I left it safe on that night—I never saw it after.
Cross-examined. I never looked for it—I left it on the platform—I did not expect to find it there—I was not required to look for it afterwards.
WILLIAM FREEMAN . I am a checker for the Great Northern Railway—on 20th November I received an invoice and checked a truck, and there found a parcel addressed from Mellish and Sons to McArthur and Co.—I left it safe.
GUILTY .— Five Years' Penal Servitude.
OLD COURT.—Monday, November 28th, 1881.
Before Mr. Recorder.
MR. PURCELL Prosecuted; MR. KEITH FRITH Defended.
JAMES BURR . I am a painter of 96, Princes Street, Notting Hill—upon the morning of 11th October, about 12.30, just after midnight, I was in Lonsdale Mews with the prisoner's wife—we were going to her cousin's—I did not see the prisoner, but an we were going up the steps of the cousin's house, he jumped upon me and I fell back on my head, he on the top of me—while on the ground he struck me several times about the head and face, I don't know what with—he was very excited—I don't remember his saying anything—he went away with his wife—I was taken to the house of the cousin, Mrs. Street, and from there to the station.
Cross-examined. The prisoner and I-had been in the same employment—I met the prisoner's wife that day, and we were together nearly all day—we had drink together, but were perfectly sober—I heard afterwards that she had the key of the house door—this was in a stable yard where there were cabs—I was told that when he was taken into custody his wrist was bleeding, but I know nothing of it—I did not have my arms round his wife—we were not walking arm in arm, but separately—I did not catch hold of his legs and try to throw him; he threw me—he complained once to me of my having made his wife stay out all night, but I said I knew nothing at all about it—I was seeing her to her cousin's on this night, where she was going to stop—it was on my way home—the prisoner has not complained to me of my having secretly visited his wife during his absence—we all lived together at Mrs. Moore's, at Chelsea—I did visit his wife on one occasion there; I thought he was at home at the time—it was in the presence of the landlady—I know that he left his home; it was not to get away from me—I believe he said so afterwards—I don't suppose he approved of my visiting his wife—he has complained of it since this affair—they were away for nearly four months; I did not see her for that time—I did not
find out her address and go to her; she came to me on one or two occasions—we were together perhaps for an hour or so—I am a widower—I told Mrs. Moore I should like to see her because I had several things of hers that I wanted to give up; things that used to come into my room; in fact we had our meals together, all three of us; they brought articles of furniture into my room to take care of; bed-clothing and so on; they were lent to me; he knew of it and approved of it—I had, been with his wife perhaps seven or eight hours on the day in question—I did not jeer him or strike him when I saw him in the mews—I knew that he had been in the infirmary and was in weak health—I am not altogether weak—I did not know that he was homeless and friendless; he said that he was, and that I had broken up his home—he asked me on one occasion not to have anything more to say to his wife; that was at a public-house when we were together.
WALTER BEECHEY . I am a labourer, of 25, Ingram Street, Kentish New Town—about 12.40 on the morning of 11th October I was standing outside my shop in the Lonadale Road—I heard a cry of murder, and ran down Lonsdale Mews—I saw the prosecutor on the ground and the prisoner upon him with his knee—he struck him four times—I asked the prisoner to let the man get up, and when I went to pull him off he said if I did not let go he would serve me the same—I did leave go and he went away with his wife—when I picked up Burr he was bleeding from the head—I called Street, and between us we took him into the house—I did not see the beginning of the affair.
GEORGE SHADDOCK (Detectire X). About 2.30 on this morning, in consequence of information, I went to 8, Newport Court, Clare Market, where I found the prisoner—I told him I was a police-officer, and should take him into custody for unlawfully wounding James Burr—he said "Very well, I will go with you; it was his own fault"—I noticed that his wrist was bandaged, and I asked him what was the matter with it—he said "It was done in the struggle"—he took the bandage off, and I saw a very nasty cut right across the wrist—he was taken to the station, and in answer to the charge he said "He struck me first"—I searched him and searched the house, but found no knife.
ROBERT ALEXANDER JACKSON . I am a surgeon—on the morning of 11th October I was called to the Notting Hill Police-station, where I found the prosecutor, and examined him—he had 11 small incited wounds on his head and face; they were semi-circular; one was through the lip—they could not have been caused by anything but a sharp instrument.
Cross-examined. They were neither deep nor dangerous, except the one on the lip; that was deeper than the others, but not dangerous—an ordinary knife would not cause such wounds—they were in the shape of a gouge; if a gouge had been used with considerable force I should have expected the wounds to have been more deep and dangerous—they could not have been inflicted by finger nails—it might be done with a ring similar to mine, if the stone was out.
The Prisoner's Statement before the Magistrate. "We did have a fight. He injured me nearly as much as I injured him. I moved away four months ago on his account, and I moved again about a fortnight ago for the same reason, so now I have not a home nor a place to put my head in, neither house nor property. Since four months ago I have not seen
him, except to beg and entreat him to desist from going on in the way he was.
NOT GUILTY .
MR. GRAIN Prosecuted; MESSRS. MONTAGU WILLIAMS and GILL Defended.
The Jury in this ease being unable to agree, were discharged without giving any verdict, and the case was postponed to next Session. The prisoner was discharged on his own recognisances.
MR. DALTON Prosecuted; MR. MONTAGU WILLIAMS Defended.
BRAMSTON GOTTO . I trade as Bramston and Co, army contractors and water roofers, 18, York Road, Islington—the prisoner was a clerk in my employment up to Saturday, 5th November—I wrote some letters on 29th October, which were handed to him for posting on 31st; some of them contained cheques for 4l., 5l., 10l., 12l., 7l., 8l., and so on; the cheque for 16l. 18s. 9d. in favour of Messrs. Bevington and Sons, dated 1st November, was the largest—I placed that in an envelope with their account, fastened it, and addressed it to Messrs. Bevington; I placed it with the other letters in the prisoner's charge to be stamped and posted—on or about 8th November I received a communication from Messrs. Bevington's traveller, also a letter following upon that, in consequence of which I made inquiries at my bankers, and I received from them this cheque, bearing the endorsement of Bevington and sons; to the best of my belief that is in the prisoner's handwriting—he was under notice to leave at this time, and his time would have been up on Saturday, the 5th—no other person in my office would be likely to know the amounts of the different cheques except the foreman, Mr. Watkins.
Cross-examined. The cheque was drawn by myself on Saturday, 29th October—the amounts of the cheques were read over to the prisoner on the 31st from the counterfoils, in order that they might be entered into my cash-book on 1st November—I produce my cash-book; the first 14 entries are in the prisoner's writing, including this one—the letters for posting were put on a desk in charge of the prisoner, with others that he had been writing; no one would have access to them, except the foreman and the prisoner—the desk is in the office close by the door—a lad would post the letters; he is not here, but this letter was never posted—I said before the Magistrate that I would not pledge myself to this endorsement being the prisoner's writing, but I have no doubt in my own mind about it; here is his writing in the book, which can be compared.
DAVID WATKINS . I am foreman to the last witness—on 1st November the prisoner left the office between half-past 3 and 4; his usual time was halt-past 4—I have seen him write; I don't know whether the writing on this cheque is his or not.
Cross-examined. I was asked before the Magistrate if I knew whose it was, and I said "No"—I have been in the habit of seeing the prisoner write frequently—my attention was not called to this till 10 days afterwards—I know that he went out at half-past 3 on 1st November; I did
not ask him why he was going before his time, he was outside the office door at the time.
WILLIAM GEORGE JUDD . I am ashier in the London and County Bank, Caledonian Road branch—this cheque was presented at the bank between half-past 3 and 4 on 1st November—I believe the prisoner to be the person who presented it—he struck me as being a tall man, without whiskers; that was the description I gave—I saw seven or eight persons at the police-station, and I pointed the prisoner out as the man to the best of my belief—our premises are from about 7 to 10 minutes Walk from Mr. Gotto's—the bank closes at 4.
Cross-examined. I cannot positively swear to the prisoner, but to the best of my belief he is the man—I see a good many persons cashing cheques in the course of the day; I do not always look at them, but as a rule I do.
SAMUEL WILLIAM SCOBELL . I am a partner of the firm of Bevington and Sons, St. Thomas Street, Southwark—I know the handwriting of each of the partners; the endorsement to this cheque is not in the handwriting of either; it was not written by the authority of the firm—we had an account to that amount against Messrs. Bramstone—we never received the cheque through the post.
BENJAMIN FORDHAM (Policeman G 351). About half-past nine on the 11th I apprehended the prisoner in the Edgware Road—I showed him this cheque, and told him he would be charged with stealing and forging it—he asked me to let him look at the endorsement; I did so—he said "It is very much like my writing, is it not?" I said, "Yes, I think it is, from what I have seen in Mr. Bramston's cash-book"—he looked at it again, and said, "It is very like my writing"—when he was charged at the station he made no further remark—I placed him with seven others at the station for Mr. Judd to look at—there were two quite as tall as the prisoner, or taller, and similarly dressed—Mr. Judd picked out the prisoner; he did not hesitate in the least; he walked directly up to him, and pointed to him.
Cross-examined. There was no policeman among them—I picked out men as near the prisoner's height as I could, to give him a fair chance.
MR. GOTTO (He-examined). I generally cross my cheques, but unfortunately I omitted to cross that one.
The prisoner received a good character.
GUILTY of uttering. — Four Months' Imprisonment.
NEW COURT.—Monday, November 28th, 1881.
Before Mr. Common Sergeant.
64. SAMUEL PANE (17), RICHARD MARDELL (17), ROBERT CHESSON (17), WILLIAM PEPERELL (15), EDWARD HARRISSON (17), and ROBERT FARLEY (15) , Burglariously breaking: and entering the dwelling-house of William Johnson Ross, and stealing 600 cigars and a quantity of tobacco, his property; to which PANE, MARDELL, CHESSON, and HARRISSON PLEADED GUILTY .— Six Months' Hard Labour each.
MR. STUTFIELD Prosecuted; MR. S. WHITE defended Peperell.
was called up early on the 5th, and missed about 600 cigars and several pounds of tobacco—two windows were broken, and one of them was thrown up.
JAMES MADDOCK (Policeman Y 278). On 5th Nov., about 3 a.m., I was on duty in York Road, and saw Mr. Ross's door on the jar—I went in and saw some cigars on the floor and some on the counter, and several cigar-boxes on the counter open and empty—I had met Peperell about 1.20 in Sidney Street, two or three doors from the prosecutor's house, with another lad, who I think was Farley—when Farley was taken I said, "Are you the lad who was with Peperell when I saw him in Sidney Street on the morning of the 5th?" he said, "Yes."
Cross-examined by MR. WHITE. It is not my business to examine a prisoner in custody—I went beyond my duty in order to extort a confession—I did not take the conversation down—I have been in the police two years—I passed the house twice in two hours.
ALFRED WILLIAMS . I live at 81, Cannon Street, St. Pancras—I know Peperell—I saw him in Garner's coffee-shop, Crown Street, on 5th November, at 3 p.m.—he said, "Alfred, did you hear about that bust that was done last night?" I said, "What bust?" he said, "That bust, up in York Road"—I said, "Whereabouts is it?"—he said, "A tobacconist's, in York Road"—I said, "What did you get?"—he said, "Some tobacco and cigars; don't say anything about it; I never saw any of the tobacco and cigars."
Cross-examined by MR. WHITE. I worked at Day and Martin's, but am not there now—I expect to be paid by the Court for giving my evidence—I know it was on November 5th that Peperell told me this, because it was done on the 4th—I know that by the date of the paper; I read it in a coffee-shop the same morning—that was the date of the paper; there was no account of the burglary in it—I have known Peperell some little time; he drives a van, and has often given me a ride—I did not go to the police; they came and asked if any one had consulted my mother, and then I gave them Peperell's statement of my own free will—I think I used the word bust on my first examination before the Magistrate—I believe the boy Peperell was engaged in a bust or burglary, but not till I heard him making the same statement to others—I cannot believe it now—what I do not believe is that the robbery wae the way he told me.
ROBERT MULFORD (Police Sergeant E 17). On 11th November, at 9.30 p.m., I took Peperell in the Raleigh public-house, Cromer Street, with Chesson, Mardell, Pane, and a lot of others; Harrison was not there—I took the whole four to the station and told them the charge in the inspector's room—they made statements, which I took down—Peperell said "Watkins asked me to come with him and look and see when the policeman came along; I and Farley watched, and half an hour after Pane, Mardell, and Chesson came out at the door; they had a lot of cigars and tobacco; Watkins came from the back and told Farley and me to go home and we went together; I had no tobacco or cigars"—Watkins is Harrison.
Cross-examined by MR. WHITE. I believe I put down all he said—I think I can judge what is material—I was examined five times—I split the statement in two at the Magistrate's request—I heard Alfred Williams's statement before the Magistrate; I would rather have been out of Court, but I was asked to bring the witnesses in—the Magistrate allowed Peperell out on bail.
Re-examined. Williams's mother came to the station on the 11th—I saw him the same evening at his home—I should not take down anything that did not relate to the case.
JOHN CARTER (Policeman E 394). On 17th I took Farley at 7, Ton-bridge Street, Euston Road—I said "I am going to take you in custody for being concerned with others in custody in breaking and entering 166, York Road, and stealing cigars and tobacco"—he said "I will tell you the truth; about 1.30 on the morning of the 5th I was asked to go by Chesson to York Road; I went there just before 1.30, and met the others with Peperell; when the other four prisoners left they went into the house, and we stopped outside and watched," that is Peperill and himself; "they left the house about three, and then we went away together."
Farley's Statement before the Magistrate. "On Friday, November 6, my mother was leaving work, I was waiting to meet her. On going home I met these here lads, who asked me to come up Maiden Lane to a coffee stall; they then asked me to come farther. There were all the prisoners there but Peperill. I said 'What for?' They said 'Nothing much.' I went with them, and the four stood at the corner of Sidney Street. They said 'Will you look out here?' I asked them 'What for?' They said 'For nothing.' Presently I saw Harrisson, Chesson, and Pane walking on their toes by the side of the wall, leaving Mardell outside. After a few minutes they were in the shop; they had a light in there. They let Mardell in at the front, and I and Peperell ran away."
Peperell received a good character. PEPERELL and FARLEY— NOT GUILTY .
MR. RIBTON Prosecuted; MR. HORACE AVORY Defended.
LEWIS MORRIS . I am assistant to Mr. Drake, a hosier, of 117, Fleet Street—on 7th October, between 5 and 6 o'clock, the prisoner came in and asked me to go out and tell him the price of some studs in the window—I did so, and another man came up who asked me the price of a pin; I told him, and during that time the prisoner went into the shop—I did not see him go in, but I saw him come out; he said nothing, and when the other man left me I went into the shop—the prisoner walked across the road and down St. Bride's Avenue, opposite—I then examined the till and missed 2l. 10s. in gold, but the silver was left—anybody could reach over the counter and draw the till out—I had seen the gold just before, when I counted the money to see if it was right by the book—no one else was in the shop—about a fortnight afterwards I was taken to Southwark and picked the prisoner out from about 20 men—I recognised him at once, both by his look and by his hair, which he wore very low down—it has been cut since.
Cross-examined. Mr. Drake does a pretty good business—I am his only assistant—he had gone up to tea—the gas was alight in the shop, but not outside; it was getting dusk—the man did not run—he had his hat on all the time he was in the shop, a brown hat; he wore it on the left side of his head, but when I saw him at Southwark he had it on the right side, to cover his hair; and that was a brown hat—I did not see
the man leaving the till, only coming in a direction from the shop, not actually in the doorway—the till was not locked.
Re-examined. The man who asked the price of the pin bought nothing.
NOT GUILTY (See p. 86).
Before Mr. Common Serjeant.
MR. GREENFIELD Prosecuted.
WILLIAM JOHN NEWELL . I am an auctioneer, of 3, High Street, Deptford—the prisoner was casually employed by me as a broker's man—on Saturday, 22nd October, I instructed him to go to Brixton, and furnished him with a warrant to make a distraint, and I told him I did not think he would have occasion to exercise that warrant, but the rent would be paid on his knocking at the door and being answered—I next saw him in custody at the Greenwich Police-court—I have not received any money from him since—the rent was 8l.
HANNAH PLAYER . I am the wife of Charles Player, of 31, Cowley Road, Brixton—the prisoner called on me on 22nd October for rent for Mr. Newell—I said "Have you brought me a proper headed receipt, signed by Mr. Newell?"—he said 'No; can you send for a receipt-stamp?"—I said "I cannot do so"—he went away—he returned, bringing with him a dirty piece of paper with some writing upon it—I said "I cannot pay you money with a piece of paper like that"—he said "It's a proper sort of receipt, and it will hold good for anything," but the stamp came off in my hand—he went away again—he returned, bringing this receipt about half an hour afterwards. (This was for 8l., dated 22nd October, signed J. Diekenson, for Mr. Newell.) I gave him 8l. in gold—then he left—the calls took about an hour and a half, in the morning.
THOMAS FRANCIS (Police Sergeant R). I apprehended the prisoner on a warrant at Bristol on 3rd November—I told him he would be charged with embezzling 8l., the money of his master, William Newell—he said "It's only a breach of trust; it aren't an embezzlement, as I am not a servant; I went tp the house, the people paid me the money, and I took it and I went away."
CAROLINE PIKE . I live at 22, Burton Street, Deptford—the prisoner lodged with me for some time—I saw him on Saturday, 22nd October, in the evening—he said "I have been to Brixton"—I said "Have you got Mr. Newell's money?"—he said "Yes," and then "I am going home, Mrs. Pike"—I said "Oh, you are at home"—he said "No, I am going to Bristol"—I said "Have you had a windfall?"—he said "Never mind; I have the money"—I said "Mr. Newell's money?"—he said
" He gave me permission to use it and to pay him back again"—I saw 7l. in gold and some silver—he was rather ill and excited—he left my house that evening, and I next saw him in custody.
Prisoner's Defence. It was a miserable wet day, and when I came to the door the chain was up, and I had to write the receipt in the wet, and I had to go away and get another. I went to see my father at Bristol, whom I had not seen for 32 years, as we parted in anger. I offered to pay the money by instalments. If I had intended to defraud Mr. Newell I should not have written and told him where I was.
THOMAS FRANCIS (Re-examined). I received the warrant on 26th October—on the 2nd November we received a telegram from Bristol that the prisoner was in custody, and we sent an officer there—we had communicated with the Bristol police before that.
NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. BRANSTON HICKS Prosecuted.
SAMUEL PALTHORPE . I am a draper and mercer, of 60, London Street, Greenwich—on 27th October I missed this waterproof from the lobby of my shop—a constable made a communication to me, and I identified it—I last saw it between 3 and 4 o'clock—it was hung by the loop, and pinned in two places—the value of it is 15s.
GEORGE OLIVER (Policeman R R 21). On 22nd October last at 5.15 p.m. I saw the prisoner with this waterproof on his arm, walking along London Street, and overhauling goods at different shop doors—I got over into the churchyard, and watched him through the palings for three-quarters of an hour—he observed me, and went up Church Street—I further watched him, and saw him speak to a man—I saw the man Smith take the coat into Peter O'Donnell's shop in Church Street—I followed him into the shop, and, knowing Smith, I told him to detain the coat—I went to the prisoner, who was waiting on the opposite side of the road, where I had seen him with Smith—I told him he must give me a satisfactory answer how he came with the coat—he said "B—y well find out"—I said I should take him to the police-station—he said "You won't take me yourself, nor yet eleven like you, nor yet a dozen like you"—we had a struggle, and I took him—I made inquiries about the coat, and in consequence Drought Mr. Palthorpe to the station—he identified the coat—the prisoner refused to give the inspector any name—we questioned him, and he said he was 115 M of the Metropolitan Police—he was put back, and a telegram was sent—he had been drinking, but knew what he was about.
afternoon of 22nd October the prisoner spoke to me at the bottom of Bridge Street—he asked me if I knew a secondhand shop about there—he had this woman's waterproof on his arm—I afterwards gave it to the constable—I pointed across the road, and told him there was a secondhand shop there, Peter O'Donnell's—he asked me to take it over; that it was his wife's, and he wanted the money to go back to London—I am known about there—I said I had never done such a thing—he said he gave 14s. for it—I went to the shop—the policeman came in and made a communication to me, and went and fetched the prisoner in, and asked him how he came by it; but he could not give any account—he had been drinking, but was not drunk.
Cross-examined by the Prisoner. I had not been in a public-house drinking with you.
The Prisoner's Statement before the Magistrate. "I decidedly did not steal the waterproof. I was drunk at the time. I had been in company with several people. I have some slight recollection of its being left in my charge."
The Prisoner repeated the tame statement as his defence, and added that Smith resembled a man who had been drinking with him.
GUILTY . He also PLEADED GUILTY* to a conviction of felony in March last at Southwark Police-court.— Eighteen Months Hard Labour.
MR. BRANSTON HICKS Prosecuted; MR. TORR Defended.
The evidence in this case was unfit for publication.
GUILTY .— Two Years' Hard Labour each.
MR. H. LEWIS Prosecuted.
ANN HARRIET PARKER . I am a single woman—I keep a small general shop at 8, Wilson Street, Deptford—on Monday, 31st October, I left my house about seven minutes to 4, safe in every way—I returned, after receiving information, about a quarter to 7—I tried to get in by the side door, but I could not; it was bolted top and bottom—I had a large key—I went with a constable, and found the back door wide open—it was left bolted—I found confusion in every direction; everything was disturbed—the back window was open, lifted up—from the room adjoining the shop I missed a pair of eyeglasses, which I have since identified, 5l. from the shop, and a gold ring from the bedroom—I have not seen the money or the ring again—I had seen the prisoner before, loitering in the neighbourhood—the property was safe in the house before I left it.
WILLIAM DAVID BROOHET . I am an assistant—I live at 115, Florence Boad, Deptford—on Friday, 4th November, I was in the Grand Coffee Tavern, High Street, Deptford—the prisoner was there—he asked me to take charge of something for him—I said "Yes"—he put this pair of eyeglasses into my hands—I had seen him occasionally.
prisoner—I told him he would be charged with entering Mrs. Parker's shop and stealing some money, an eyeglass, a gold ring—he said he did not Know anything about it—I told him I had received information that he had been seen with an eyeglass in his possession, and if he denied it I should have to take him into custody—I commenced to search him—he said, "It is no use searching, I have not got them now; I gave them to Brochet"—I afterwards saw Brochet, and got the eyeglass from him.
Prisoner's Defence. On 31st I was at Cadbrook, Blackheath, from 4 till 8.30, and I have two witnesses, Woodman and Davey. I told the policeman Edward Woodman gave them to me. (Thepoliceman denied this, the witnesses did not appear when called.) NOT GUILTY .
Before Robert Malcolm Kerr, Esq.
MR. GILL Prosecuted; MR. THOHNE COLE Defended.
CHARLES TRYETT . I am a jeweller and pawnbroker at 298, Brixton Road—it is a corner shop, and also faces Thornton Street—there is one door in the Brixton Road, another in Thornton Street, and beyond that door a passage which gives access to the pledge boxes—the counter reaches from the shop to the pledge boxes, and the till is behind the counter near the pledge boxes—on 9th November about 3 p.m. this tray and the cash-box were in the till—there were also holes cut in the till containing from 10l. to 12l.—in the tray was about 45l.—I was alone behind the counter—I saw the prisoner look over the glass in the Brixton Road door; then he went and looked over the glass of the doer in Thornton Street—he then entered the shop about a yard and asked me if a clock in the side window in Thornton Street was an alarm clock—I asked him which one he meant, and he came round the counter, and then I followed him out into Thornton Street—he pointed me out a clock in the window—it was marked 7s,. 6d.—he said, "I will give you 5s. for it"—I said, "Nonsense," and went back into the shop—he went in the direction of the Brixton Road—about two minutes afterwards I found the till had been pulled out—I missed this cash-box tray—it was afterwards found in Stock well—I went outside—I saw the prisoner standing on the other side of the way about 100 yards off—I spoke to a constable about 60 yards from the shop on the same side of the Brixton Road as the prisoner—the prisoner then walked across the road and I followed him, the constable following me—I said, "That is the man I have a suspicion of; he came into my shop a minute or two previously"—he stopped at the corner of Robsart Street a second or two—the policeman followed him and brought him back to me—the partition in the shop is four or five feet high—some one must have come in as if to pawn and have jumped over and pulled out the till—the silver was left—the counter is about three feet wide.
Cross-examined. My goods are exposed in the window in both roads—I have three assistants—there are four pledge boxes—I had put 2l. 10s. in gold in the box five minutes previously—there were some 5l. notes in the box—I had placed them there in the morning about 12 o'clock—there was about 8l. in gold in the centre of the box—two of my assistants were in the building, one was out—it was an American clock
the prisoner inquired about—people often inquire the price of things in the window—I called an assistant and went out into the Brixton Road after I missed the cash tray—both glass doors were shut—the constable was standing at the cab rank in the Loughborough Road—there is a partition at the back of the counter eight feet high—the thief would not have to get over that but over the counter—the partition divides the two shops.
JOHN SKINNER . I am a greengrocer, of 3, Elstead Street, Robsart Street, Brixton—on 9th November, at 3 p.m., I was cleaning Mr. Fryett's shop window in Thornton Street—I saw three men come from the Brixton Road—the prisoner is one—they went to the pledge door—the prisoner went in, the others waited outside—when he came out the others went in—the prisoner then went to the first door in Thornton Street—he looked through the glass of the door and then went to the front door and looked through the glass of that, and then he came back and went in at the side door—I did not see what became of the two men—I saw them go in, but I did not see them come out—I saw Mr. Fryett come out and look at the clock with the prisoner—the prisoner walked, away—he did not rejoin the two men.
Cross-examined. I did not take particular notice—I first heard of the robbery when Mr. Fryett came out and made a communication to me—I was cleaning the prosecutor's windows.
RICHARD LEGDON (Policeman N 361). I was on duty about 3 p.m., on 9th November, at the corner of the Loughborough and Brixton Roads—the prosecutor complained to me of a robbery and pointed out the prisoner, who was standing in the Brixton Eoad looking towards Bobsart Street—the prisoner could see the prosecutor and me following—he walked from one side of the road to the other—he then walked quickly through Bobsart Street into Clark's Boad, into Ingleton Street, and into the Brixton Boad again—then he began to run—I jumped on a tram—he ran about 200 yards—I got off the tram and told the prisoner he would have to go back to the pawnbroker's, who said he had been robbed, and I said "He said you have been there to look at a clock"—the prisoner said "I went to look at a clock, but as to the robbery I know nothing about it"—he was taken to the station and charged—he said nothing—I searched him—I found nothing on him—the cash tray was found in a garden the next morning.
GUILTY . He also PLEADED GUILTY** to a conviction of felony at Clerkenwell in December. 1869.— Ten Years' Penal Servitude.
MR. RIBTON Prosecuted; MR. HORACE AVORY Defended.
GEORGE VICKERS SEAMAN . I am assistant to Mr. Webb, a hatter, of High Street, Borough—the prisoner came to our shop on Thursday, the 13th, about 3 p.m.—he asked whether I had a ventilator to put in his hat—he afterwards said he wanted a hat, and took me outside—going
back into the shop I heard a jingling of keys, and saw a man standing in the shop—he wanted a band for his hat—the prisoner made an excuse and followed him out—he said "I will come in again"—he went in the same direction—I went to the till—it was short 2l. in gold—I had counted it just before the prisoner came in—I saw him in custody on the Saturday—I am positive he is the man who came first.
Cross-examined. I had not seen him before—I saw him at the station—he said "I will come in again when your master is in, because your master will be better able to attend to me than you"—the other man went out after I told him I had not a band.
Re-examined. The prisoner remained about a minute after the other went.
GEORGE HARVEY (Detective Officer). I apprehended the prisoner on Saturday on another charge, at 96, Penton Place, about 7 p.m.—he was in bed waiting for his shirt to dry—I said "I want you, Charley, on suspicion of passing bad money in Bermondsey; Peter Terry said you gave him the money he had on him when I took him"—he said "Peter Terry had better mind what he is saying, or else I shall say something he won't like"—I said "I want you for being concerned in stealing money from a hatter's"—I took him to the police-station and Seaman identified him.
NOT GUILTY .
76. The said CHARLES BROAD (19) was again indicted for stealing 10s., the moneys of William Drake. MR. RIBTON Prosecuted; MR. HORACE AVORY Defended. In this case the Jury were Unable to agree and were discharged without a verdict. (See p. 81).
MR. WILLS Prosecuted; MR. HORACE AVORY Defended.
STEPHANO GABALDI (Examined through an Interpreter). I live at 5, Waterman's Passage, Kingston-on-Thames—I keep a lodging-house there—on 8th November my daughter Noseenya was there—she is 13 years and 7 months old—at 6.30 a.m. one morning she was not there—I made inquiries—I went to the police-station—in consequence of information I received I took the train to London—at Waterloo I saw my daughter with Antonio Gabaldi's wife—Antonio Gabaldi is my nephew—they lodged at Waterman's Passage—the prisoner also lodged there—my daughter was taken against my will.
Cross-examined. I did not see the prisoner at Waterloo—Antonio and his wife had lodged at my house eight days and Ferritto four weeks—Antonio and his wife went out with a piano—my daughter went with them—she used to give half the money to Antonio and half to me—I was always satisfied with what she brought—it was 11 o'clock when I saw my daughter—she was home again by 12.30.
NOSEENYA GABALDI (Interpreted). I was living in Kingston on 8th November—I got up at 6 a.m.; Antonio Gabaldi called me—the prisoner took me out in the yard—Antonio put a handkerchief round my mouth; the prisoner was present—the prisoner took me four miles to Wimbledon Railway Station—others were in the train, and we all went in the same carriage—the prisoner took my locket—on the way to the station he brought me underneath a hedge, and said he wanted to dishonour me,
so that if my father came to take me he should have me back dishonoured—when I saw my father at Waterloo I ran to him—I was taken away against my will—I was crying on the road.
Cross-examined by MR. AVORY. Antonio's wife told me at night-time I was to go—the handkerchief was put over my mouth in the yard—Antonio Gabaldi's wife's brother went with me to London—when they were in the train Antonio said they were going to take me to Birmingham—I do not know where Antonio or his wife are now—I believe the wife is living at Birmingham—Antonio used to go out with me with the organ—they left the piano at London—they were to come back for it the next day—I charged the prisoner with stealing my locket—my father tried to arrest him.
HENRY BRILL (Policeman V 147). I apprehended the prisoner at Birmingham on the 12th inst. on a warrant—I read the warrant, and it was interpreted by another Italian—he said it was not him, it was the other man.
Cross-examined. He is charged with abduction—I did not see Antonio Gabaldi there—I proceeded to Wolverhampton, but he had left—he was travelling from place to place with an organ and his fortune-telling brothers.
The Prisoner's Statement before the Magistrate. "All I have got to say is, what the girl says is not right."
NOT GUILTY .
MR. WILLS Prosecuted.
JONATHAN LAWRENCE . I am a School Board Officer, and live at 89, Acanthus Road, Battersea—I was present at Battersea Congregational Church on 2nd October, 1875, when the prisoner was married to Mary Ann Evans—I have seen her at Wandsworth Police-court lately, and she is within the precincts of this Court—I had no previous knowledge of the prisoner, only from meeting him in the street.
MARTHA DIMMOCK . I live at Eush Hill Terrace, Battersea—I was married to the prisoner on 18th April last at Christ Church, Battersea—I knew him 12 months before that—he told me he was a widower—I had seen his former wife in the street—I had seen him a time or two.
Cross-examined by the Prisoner. I did not know you had a wife living till you were married to me—you said that she had a husband living, and it was no marriage.
EDWARD GODDARD (Detective B). I took the prisoner in custody—I told him a person named Martha Dimmock had been to the police-station complaining that he had married her, at the same time having a wife alive; he said "Very well, she knew my wife was living."
The Prisoner's Statement before the Magistrate. "I was grossly misled and deceived into the marriage with Martha Dimmock. She promised she had a good home to take me to if I got married to her, but the consequence was she had no home at all. There was a promissory note on it for 4l. 8s., and I knew not a word about it till five weeks after, when one day going home there was a tally-bill on the table for 10s. 6d. She says I left her on Tuesday. I went away in the country, and the Saturday I returned I left her 33s.
Prisoner's Defence. When I married Mary Ann Evans her husband had
deserted her for more than 20 years. I lived with her for four years, when the husband appeared from America, and I then thought his marriage was null and void. We had a few words some time after and parted, and believing myself to be a free man I married Martha Dimmock. Evans is present, and has the certificate of her previous marriage. (Certificate produced). This certified a marriage between John Kelly and Mary Ann Leach on 31st May, 1843. Another certificate was also produced of the death of John Kelly in 1880. Upon thete certificates the COURT, having consulted the RECORDER, held that Mary Ann Evans under these circumstances was not to be considered as the legal wife of the prisoner; her evidence was admissible.)
MARY ANN EVANS . My maiden name was Mary Ann Leach—I am the daughter of Thomas Leach, who lived at Portland Place, Borough Road—I was married to John Kelley in 1843—he deserted me for nearly 30 years when I was with child—I took a situation to support my daughter—a party of the name of Evans protected me, and I took an oath I never would acknowledge my married name, and I never have, and never will—I took the name of Evans—when I married Ayley I had not heard from my husband for three times seven years, and did not know he was living, and I thought I was justified.
NOT GUILTY .
MR. KEITH FRITH Prosecuted; MR. CUNNINGHAM Defended.
FRANK HARRISON . I am the husband of Phoebe Harrison—on the 21st September I was purchasing a bicycle from the prosecutor by the instalment system—10s. was due on 20th September—I gave it to my wife—on the 4th October I saw Mr. Watts—after I came home my wife handed me this receipt—in consequence of what Mr. Watts said I made a communication to him—I afterwards went to the prisoner's house—I took a pair of boots—I knocked and the prisoner came to the door—I asked him for Mr. Besley; he said, "He is not at home"—I said, "I have brought your boots; then he came to the front door and said, "I cannot have the boots; I have no money"—I said, "I have had a person call for the money for the bicycle; have you paid it in?"—he said, "No; I have had a fall from a tram-car"—I said, "I will go up in the morning and see if it is all right"—he put his hand on me and said, "Don't you go, I will go myself"—this was on 4th October—the receipt is dated 21st September.
HARRY BATTS . I was purchasing a bicycle from the South London Sewing Machine Company—the prisoner called on me on 12th September and asked me for the instalment I owed to the company—I gave him 1l. 2s. 6d. in two payments of 6s. and 16s. 6d.—he gave me no receipt—he said he had not got a billhead with him, and that he would send it—I got a letter threatening to summon me from the company—I wrote a post-card to the company asking for a receipt—I afterwards saw the
prisoner—I mentioned the post-card—he said the reason he had not paid my money was he had had a fall from a tram-car—he went to the office and the clerk showed him my letter; he came for the other instalment, and of course I did not pay him; he produced some papers from his pocket and said he had not the post-card with him—I said I would not pay without a receipt—I went to the office and saw a clerk at Tower Chambers on the 19th.
Cross-examined. I have not got the letter I received from the company—I had no doubt before the Magistrate that I paid the 64. 6d., but I had a doubt as to the date—I live with my mother at 20, Bloomsbury Street.
Re-examined. I paid the money about the second week in September.
HENRY CHARLES ANDERSON . I am manager of the City branch of the South London Machinist Company—I receive all moneys by whomsoever collected—the accounts of Mr. Harrison and Mr. Batts would be paid into the City branch—it was the prisoner's duty to pay the instalments over to me for entry in the cash-book—he has not paid the 10s. collected from Harrison, nor the 6s. and 16s. 6d. from Batts—I have the cash-book here—I have searched it and find no such entries.
Cross-examined. Sums payable in the City are not frequently paid the Southwark branch.
WILLIAM FOSTER WATTS . I am one of the partners in the South London Machinist Company—the prisoner never paid me the 10s., 6s., or 16s. 6d.—I went to his house with regard to them on Tuesday, 4th October—I told him there were discrepancies in the accounts which I could not understand; the moneys received were not paid over—he said, "All the moneys I have received I have paid over"—I said, "Well, if you can explain I shall be only too glad"—an appointment was made for him to come down the next morning to Southwark to go through the discrepancies which I complained of—the next morning I received this letter (Stating that he had to go to a situation and could not come, and that all moneys received were paid over at Southwark or Moorgate)—we had discharged him—he never gave us any explanation.
Cross-examined. The company is not registered—I am a manufacturer—I manufacture the bicycles at Southwark Road—these accounts are City accounts, and would be payable in the City—as a rule I kept the money in my pocket with my ordinary money—I entered the sums in the cash-book immediately—I could tell how much was paid in from the cash-book—I always allowed myself so much for private expenses—I kept it in my pocket for convenience when we had a cash-box, sometimes we had to give change—if the instalments are not paid up they are forfeited—complaints have not to my knowledge been received that moneys paid by country customers have not been received.
Re examined. I hand the sums to Mr. Anderson if he is in the City—I receive cash paid in the City; I am generally there—on 3rd October I returned to the business at Southwark.
THOMAS FULLER TOOVEY . I am a partner with Mr. Wutts—I manage the Southwark branch—the moneys of Harrison and Batts would not be paid at Southwark—the sums of 10s., 6s., and 16s. 6d. have not been paid to me—all moneys received by me or Mr. Watts are given to Mr. Anderson for the purpose of being entered in the City cash-book.
Cross-examined. I returned from the country on 15th September—I
had been out of town three months—I know the dates because Mr. Watts went away on the 19th—we trade as a company—the company is not registered.
Re-examined. The prisoner was not at the works at Southwark after the 17th, I know, because I paid him on 17th, and had a talk with him after business, and I said, "if you get on this year we shall be able to raise your salary and your commission"—he had a commission as well as salary, and I remember the conversation—in the week he wrote for a cheque—he sent me a letter on 24th September saying he was too ill to come, and asking for his salary—in accordance with that I sent him a cheque for his weekly wages—I also got this letter from him of the 27th (Asking to be still excused, as he had not recovered from an accident). Nothing was said about Batts—people have sent from the country asking for a machine, and have sent a deposit, and have received no answer, as the machine was not ready or the company were not satisfied with the surety, and complaints have been made to us about it extending over about six months—in every case a satisfactory explanation has been given.
Before Mr. Common Serjeant.
MR. POLAND Prosecuted; MR. WILMOT Defended.
THOMAS POTTS . I keep the Prince Albert, Blackfriars Road—on 26th October, about closing time, the prisoner came in and asked for two glasses of stout; he gave me a florin;.1 examined it and told him it was bad—he said, "Is it?"—I put it in my teeth and bent it double—he paid me with a good shilling from a lot of gold which he took out of his trousers pocket; I gave him 8d. change, and he left, taking the bent florin with him—he said, "You are a gentleman; some people would have made a fuss about it"—I have no doubt he is the man.
Cross-examined. I was first asked about it on Saturday week, when Policeman L 92 came to me—I had complained to the L Division—only the prisoner and the man who came in with him were in that bar—I have not seen the prisoner since till to-day—I was not before the Magistrate as I did not know he was in custody.
HENRY CHARLES TURNER . My father keeps the Prince of Wales, st. George's Koad, Southwark—about three weeks before 31st October I served the prisoner with half a pint of stout—I knew him by sight—he gave me a sovereign, and I gave him a half-sovereign and silver and copper, deducting 1 1/2 d.—after a little time he said, "Will you oblige me with all silver?" and put down a half-sovereign—I picked it up and found it was bad—I am sure the half-sovereign I gave him was good—I said, "This is not the one I gave you"—he said, "It is, I have not got any more gold about me"—I said, "I will fetch the governor, and very likely you will get locked up"—he picked up the half-sovereign and walked away with it—I know it was bad because I noticed the dullness, and it felt so light—I spoke to my father, and then went after the prisoner, but saw nothing of him till Monday night, the 31st, when
he came in for a small soda, took a handful of money out of his pocket, and threw down a half-crown—my brother Albert took it up, and I took it from his hand, told my brother something, and he jumped over the counter—my father came; I called him to detain the prisoner, and he was given in custody with the coin—he said he did not know whether it was bad or good—I fetched the constable, but I did not notice a trap outside.
Cross-examined. The sovereign was good—I did not notice a pony and trap, my mind was too much employed.
JOHN HENRY TURNER . I am landlord of the Prince of Wales—on 31st October, about 9 p.m., I saw the prisoner there; my son spoke to me; I went to the door to detain the prisoner—he stayed at the door some time, and then said he wanted to go into the other compartment, but I refused, and gave him into custody—he must have gone into the street to get into the other compartment unless we chose to open the little door.
WILLIAM ARMSTRONG (Policeman L 92). I was called on 31st October, and took the prisoner to the station—he said, "I did not know it was bad"—he took out 10l. in gold and two florins, and said, "That is all I have"—I searched him, and found in his left trousers pocket 18s. 6d. in sixpences and shillings, and 1s. 1 1/2 d. in bronze, and this piece of paper bearing the impression of coins—the landlord gave me this half-crown—I also produce nine half-crowns—I did not see a pony and trap outside; I went in great haste.
Cross-examined. I found upwards of 11l. on him, and not a single bad coin.—he had no appearance of drink till he got half-way to the station, and then, when he had time to think of it, he began to stagger, but he was perfectly sober—I don't know that he was sick at the station.
CHARLES VOICE (Policeman L 126). On 31st October, about 10 p.m., I saw a pony and trap standing in front of the Prince of Wales, with nobody attending to it—I waited some time, could not find the owner, and took it to the station, searched it, and found under the driver's cushion these nine bad half-crowns wrapped in a piece of paper—I said at the station in the prisoner's presence, "I found this pony and trap outside the public-house where the prisoner was taken in custody, and under the seat I found nine half-crowns"—the sergeant said to the prisoner, "Do you know anything do it?"—he said, "No, I know nothing about a pony and trap"—I took them to the Green Yard, made inquiries, and found that they belonged to Mr. Thurger.
Cross-examined. It was about 10.30 when I spoke to the prisoner about the trap—he was then in the cell, asleep—he was sick after he was woke up—he bad had something to drink.
ROBERT THURGER . I am a jobmaster, of 130, East Street, Walworth—Voice showed me the pony and trap on 1st November; it was mine; the prisoner's brother hired it of me on Sunday night, 31st October, and about 6 o'clock the next night the prisoner came and fetched it, and said he wanted it for his brother—he gave no name—his brother had had it several times before, but I had never lent it to the prisoner—it was not brought back.
Cross-examined. The brother keeps a furniture shop, and the prisoner said he wanted it to take some goods home—the brother is a gentlemanly man about 5ft. 9in. or 5ft. 10in. high.
WILLIAM WEBSTER . This half-crown is bad; these nine half-crowns are also bad, and from different moulds; they were wrapped in this paper when I first saw them—this paper, found on the prisoner, seems to have had half-crowns in it.
The Prisoner, in his Statement before the Magistrate, said that as he was driving home a young man jumped up into his trap, and asked him to have something to drink; that he went into the public-house and called for some drink, put the money on the counter, and it turned out to be bad; and that he knew nothing of the coins found in the trap.
FREDERICK WAND . I live at 1, Parliament Street, London Road, and sell fish in the street, outside the Prince of Wales—on 31st October I saw a pony and trap outside; a tall man was with it; he appeared to come from it, and came towards me, and he asked for a pennyworth of whelks; he went into the public-house, and I saw no more of him—I saw the police take possession of the pony and trap.
Cross-examined. I first noticed the trap about 8.30—I have not given evidence before to-day—the policeman brought me a subpoena.
GUILTY . He then PLEADED GUILTY** to a conviction of felony at Croydon in July, 1878.— Eighteen Months' Imprisonment.
MR. AUSTIN METCALFE Prosecuted.
ELLEN LEWIS . My husband is an engineer—we live at 27, Slayburne street, Chelsea—on 5th November, about 11.30, I was in Battersea—I do not know the name of the road, as I was never there before—I had a sealskin purse containing a sovereign, a half-sovereign, and two half-crowns—I also had 31b. of pork and a rabbit—Sullivan came up and said, "Have you a shilling to give me?"—I said, "I have not"—three minutes afterwards she came up again and asked if I had a shilling; seeing some more women behind her, I said, "When I get out of this road I will give you one"—she then struck me on my chest, and I fell on my back—she then took my purse out of my dress pocket—I felt her hand in my pocket—I screamed, and she put a pocket-handkerchief over my mouth, and made me insensible for a few minutes—I heard money jingle while I was on my back—Hickey was with Sullivan, and I believe it was she who held my arms—I am positive it was Hickey—she stood by my side while Sullivan took my purse—when I recovered they had gone—I gave information that night at the station—I am now under sentence of twenty-one days for being drunk and disorderly—the date of that was last Saturday night.
Cross-examined by Hickey. I first went to the station and got a constable, went with him, and found you both in the same road, and pointed you out—I was sober; if the inspector said that I smelt offensive, perhaps it was from what you put on the handkerchief.
Cross-examined by Sullivan. I did not say that the only thing I could identify you by was your crape bonnet; you are the person who robbed me.
Re-examined. I gave a description of both prisoners to the police; there was a third woman, but her back was turned to me.
PATRICK GILL MARTIN (Policeman W 400). I was at Battersea Station when Mrs. Lewis came in; she was quite sober—I went with her to the place where the assault was committed; she described the woman on the road, and pointed Hickey out, and I took her in custody—she answered the description—I said to her, "Have you seen this woman before?" she said, "No"—I said, "Have not you seen her about half an hour ago?" she said, "Yes, I believe that is the woman I saw crying and shouting 'Murder!'"—I said, "She is going to charge you with being concerned with other people in assaulting and robbing her of her goods and money"—she said, "All right, lean be searched at the station"—when I first saw her she was walking away; I believe she saw me coming; she turned her head in my direction—I was in plain clothes—she did not walk quickly—in about twelve minutes I saw Sullivan with twenty or thirty people; Mrs. Lewis went up to her, put her hand on her shoulder, and said, "This is the woman who caught me by my neck and threw me down, and took my money, and passed it to the other woman"—I said, "Have you seen this woman before?" Sullivan said, "No, I do not know anything about her"—I said, "Have not you seen this woman twenty minutes or half an hour ago?"—she said, "Oh yes, this is the woman who I saw crying and thrown on her back, and saw some people running away from her "—nothing was found on them.
ELLEN LEWIS (Re-examined). I did not tell the officer that I saw the money passed to Hickey. (The witness's deposition stated: "Sullivan passed my money to Hickey. ") I correct that now; I did see it—I did not say so in my examination in chief, because I did not understand what you said—I heard my money jingle as they took it out of my pocket, and I said that the money was passed to Hickey, but I did not know her name then.
The Prisoners' Statements before the Magistrate. Hickey says: "Last Monday the prosecutrix said she was robbed at 11.30, and she did not see me till an hour afterwards, 12.30, and I was locked up at 11.40. She accused me of knocking her down, and when Sullivan was brought in she said it was she who did it. I am perfectly innocent." Sullivan says: "The prosecutrix says she had not been drinking. The inspector told her twice to move farther from him on account of drink, and at the station she said she lost 2lb. of pork, and last Monday she said 3lb."
Hickey's Defence. If I had done it should I stand at the spot where the robbery took place? I leave it to you to say.
Sullivan's Defence. Do you suppose a person commits a robbery, and stops on the spot till a constable comes? If I had committed the robbery I should have got away. I had plenty of time according to her account.
HICKEY— GUILTY of robbery only. She had been twenty times in custody for drunkenness and assaults.— Fifteen Months' Hard Labour. SULLIVAN— GUILTY of robbery with violence. She was further charged with a conviction of felony at Newington in November, 1879, to which she
PLEADED GUILTY.**— Five Years' Penal Servitude.
Before Mr. Justice Hawkins.
MESSRS. POLAND and MONTAGU WILLIAMS Prosecuted; MR. WILDET WEIGHT appeared for Joseph and George Cowly, and MR. FULTON for Prestridge.
The details of this case, arising from an outrage on the prosecutrix, are unfit for publication.
NOT GUILTY .
83. The said prisoners [ JOSEPH COWLEY (21), GEORGE COWLEY (18), SIDNEY GARDENER (19), GEORGE VICKERY (16), and ARTHUR PRESTRIDGE (16)] were again indicted for an unlawful assault upon the said Agnes Jaques. Second count, for an indecent assault.
To this JOSEPH COWLEY and PRESTRIDGE PLEADED GUILTY to the second count. No evidence was offered against GEORGE COWLEY, who was accordingly acquitted. GARDENER was also acquitted. VICKERY was found GUILTY, and was recommended to mercy by the Jury on account of his youth and the bad example of the elder prisoners. — Six Months' Hard Labour. JOSEPH COWLEY— Sixteen Months' Hard Labour. PRESTRIDGE— Six Months' Hard Labour.
MR. W. J. ABRAM Prosecuted.
GUILTY of the attempt. — Six Months' Hard Labour.
Before Mr. Recorder.
MESSES. POLAND, MONTAGU WILLIAMS, and GILL Prosecuted;
MR. DAY, Q.C., and MR. ATTENBOROUGH Defended.
JOHN DELLER , I have been lot six years living with my wife, Hannah Deller, at Mr. Ruspini's, 156, Kennington Road—I was man servant and she was cook—I know the prisoner's shop; it is a pawnbroker's, 45, Lambeth Walk—I called there first somewhere about Christmas last in consequence of finding out that my wife was not acting honestly—I saw the prisoner behind the counter; I said to him "Do you know a customer calling here of the name of Deller?"—he said "Quite well"—I said "I am her husband; I think you have got some silver spoons here, have you not?"—he hesitated some-time, and then said "No, I have some plated ones, but I had some silver ones"—I said "Do you know she is a servant? we are both servants, and the property belongs to her master"—I told him if any more was offered to stop it, and send round to 156, Kennington Road, and he would find it was true what I stated—nothing more was said then—about four months after I found a pawn-ticket of plate among the bed-things in my room; in consequence of that I took it to Mr. Redfearn; I thought of getting it out and saying nothing about it to any one—I saw both Mr. Redfearn and his assistant on that occasion—I put the ticket; on the counter; then they talked together, and they said there had been an affidavit on the ticket—I spoke to both—I said I wanted the plate; I asked them for the plate; I came to redeem it—he said my wife had been and got an affidavit upon it—I told him again, if he had got anything more, if he would be kind enough to send round to Mrs. Deller, my wife, it would be very likely she would get them out, or he would get into trouble, and he would have to give the things up—I spoke rather loud, and the assistant threatened to turn me out if I did not go—I did not go to the shop
again till some time in August—in the meantime, on Tuesday, 2nd August, I called my master's attention to the quantity of plate that was missing from his house—my wife had before that Tuesday been out several days; she was out all night on the Sunday before, and on the Tuesday she was given into custody—she was afterwards at the police-court, and there pleaded guilty, and was sentenced to four months—on the 3rd I went with the police sergeant to the prisoner's shop; the sergeant told him that he had got some property there belonging to Mr. Euspini, and he asked him to produce all he had got—he handed down about eight parcels, I think, and the officer took possession of them; they were my master's property; I recognised them—the sergeant told the prisoner that he had been warned by me more than once that they were her master's property and not hers; the prisoner replied "I had as much right to believe the woman as this man," meaning me—nothing more passed that I remember—I gave up to the police the pawn-tickets found at our house; I believe the constable found them himself.
Cross-examined. I was six years with Mr. Ruspini, not as butler or valet, as general servant—there was no other servant besides myself and my wife, the cook—nobody else was living in the house except Mr. Ruspini and ourselves; there was no Mrs. Ruspini—we had a little girl living with us—my wife had the entire management of the whole house, there was no one else to manage it—Mr. Ruspini did not occupy the lower part of the house, he lived at the top front, I am quite sure of that—our bedroom was at the top of the house—no one occupied the lower sitting rooms; we always occupied the two kitchens, front and back—no one occupied the drawing-rooms; we did not occupy them—my wife never sat there; no one occupied them only when they were required by company—Mr. Ruspini frequently had company—my wife has been a very respectable-looking woman; she is not now, through Mr. Redfearn—I have to thank Mr. Redfearn for her looks now, and so does she—I believe she is here—before she was in prison she was a thoroughly respectable-looking woman—I don't think she looked fit to sit in Mr. Ruspini's drawing-room; she would be out of place thore—she could go and sit in the parlours I suppose, if she liked, as we had the range of the house we could go to any portion—she was only away from the house one night, that was the Sunday night before she was arrested on the Tuesday, I think—I was very much annoyed about that—I was angry with her and with people in general—up to that time I had been on good terms with my wife—my wife had no property of her own—she used to wear a watch and little articles of jewellery—they belonged to me—it is some time ago since I saw them, more than two years I don't know that she pawned those with Mr. Redfearn—I occasionally noticed the absence of the watch, and then it would turn up again—I missed a good many things that used to reappear, or my suspicions would not have been aroused—I only know from what Mr. Redfearn himself has said, that he knew her as a customer for some years—it was about Christmas last that I spoke to Mr. Eedfearn about her—I had no fault at all to find with her up to that time—I told Mr. Eedfearn it was not her property, and that she was robbing her master—I did not mention Mr. Euspini's name to him; I mentioned the address that was on the tickets—if he had come to the house he would have seen me; perhaps it would have suited him better to see my wife.
Re-examined. I discovered before Christmas that she was robbing my master, and I went to Mr. Redfearn's and informed him of the fact, that the goods pawned were the proceeds of the robbery, and gave him the address where to apply to if further goods were brought.
BLAYDON RUSPINI . I live at 156, Kennington Road—I am a private gentleman—I had a woman named Deller in my employment as cook—her husband was my general servant—I have seen a quantity of plate in the custody of the police, and now produced—at the end of July or early in August John Deller made a communication to me; I think it was on the Saturday before the Bank Holiday—before that I had no idea that any of my property was in pawn—I never gave any one authority to pawn it—the woman was given in charge for stealing it—I gave evidence against her at the police court, and she was convicted—I afterwards received this letter fron. the prisoner. (Read: "5th August, 1881. Dear Sir,—Will you kindly grant me an interview that I may explain to you under what peculiar circumstances I was asked to advance money upon your property? I feel sure when you hear all the facts of the case that you will exonerate me.") I did not see Mr. Redfearn after that—the matter was left in the hands of the police, and the solicitor of the Treasury.
Cross-examined. No one advised me not to give an interview to Mr. Redfearn—I determined not to do it; I never intended to see him—at that time there was no criminal charge pending against him—I had forgiven the woman on three occasions previous to last Christmas, and the things that were pawned were got out of pawn by her husband, and he is now paying me 1l. a month out of his wages—I gave him a cheque on two occasions to enable him to redeem the articles that she had improperly pawned—I know nothing about her pawning her own things—I believe she has some annuity—I think I once made her an advance upon her annuity; that was not for the purpose of enabling her to redeem things of her own—I don't know that I have any initials on the plate—I don't think so; I never cared about the initials.
JOSEPH HELSON (Police Sergeant L). On 3rd August, in consequence of instructions, I went to Mr. Ruspini's at 156, Kennington Boad—from what the witness Deller told me I accompanied him to the prisoner's shop, 45, Lambeth Walk—I saw Mr. Redfearn—I told him that a servant who had recently lived at 156, Kennington Boad, had been robbing her master very extensively, and that I had reason to think that most if not all the property was pledged with him—I described the property stolen, and eight parcels were produced which had been pledged during July and about 6l. advanced upon it—Deller at once identified it an his master's property—I had asked Mr. Bedfearn to show the whole of the property that was in his possession in order that I might stop it if identified, and as the result of that I saw those eight parcels—I said to him "In my opinion you have acted very irregularly in taking that property in pawn, as this man," pointing to the witness Deller, "informs me that he has on more than one occasion cautioned you against taking the property in, and that he told you she was only a servant at the address she gave, and that the property was stolen from her master"—Deller said "Yes, and more than that, I asked you to stop any property she might bring in future, and the last time I called your servant ordered me out of the shop"—Redfearn said "It is quite true you called; the woman assured me that
the property was her own; I consider I have as much right to believe her as you"—I said "I think if you had any doubt you could easily have satisfied yourself, as the address she gave you was not more than three or four minutes' walk; or you could have called in the police and they would have done so at once"—that was the whole of the interview—I directed him not to part with any of the property, and gave him my name and then left—the same night I arrested the woman—on searching her I found a large number of duplicates—I found, I believe, 11 relating to silver and plated goods that were afterwards identified by Mr. Ruspini—I am not quite sure of the exact number—between 9 and 10 the following morning I called again at the shop and saw the prisoner—I said "I have arrested the woman, and found tickets for more than double the property you have produced, in her possession," and I asked him to produce it at 1 that morning at the police-court—I said "I think it is desirable that you should attend at the police-court yourself, as I intend to call the Magistrate's attention to the encouragement you have given this woman to steal"—he said he could not possibly do so, but would send his foreman or manager, I forget which he called him—I then left—the woman was brought before the Magistrate, pleaded guilty, and was sentenced to four months' imprisonment—after she was convicted I made a further search of the kitchen at 166, Kennington Road—I found several more "duplicates; amongst them—four relating to articles of plate of Mr. Buspini's, pledged with Mr. Redfearn—the articles described in the 11 duplicates that I had already found, and some I had found the evening previous, and some for which I had no duplicates, were produced before the Magistrate and delivered up—on Monday, 8th, I again went to, the prisoner's shop accompanied by Inspector Chamberlain—I told him we held a warrant and should have to take him into custody for receiving the property produced at the police-court the week previous, well Knowing it to be stolen—I read the warrant over to him—he said "Well I suppose I must go with you, but I did not take the property in myself"—I said "I cannot reconcile your statement now that you did not, take the property in yourself with what you told me last week, that the woman assured you that the property was her own; I must also tell you that your assistant who attended the Court last week said that his suspicions had been aroused for a long time; that he knew there was something wrong, and he told you so; that whenever the woman brought anything, before taking it in he always said, 'There is that Mrs. Deller again, shall we take anything more from her?' and that you have replied 'Yes, that is all right'"—he was taken to the station and charged—he made no reply to the charge—I produce four duplicates; the dates are "26th March, 1681, plated dish 6s., Jane Deller, 1, New Street;" "26th April, 1881,12 knives and forks, 10s., Ann Deller, 126, Kennington Road;" 14th May, 1881, plated dish, 15s., E, Deller, 156, Kennington Road;" "4th July, 1881, six plates, 5s., Jane Deller, 156, Kennington Road;" all pledged at Redfearn's—all these goods have not been found—after finding the tickets I went to the defendant's shop—I did not see him, I saw his assistant—the different articles described in the 11 tickets have been produced; the articles described here (in the four ticket) are missing from Mr. Bedfearn's stock, and have not been traced—all the goods were pawned between 14th January and 13th July.
Cross-examined by MR. DAY. I have altogether 36 tickets; I cannot
tell the exact number—32 were found in the prisoner's possession—four are here; some I gave up, I did not count how many, to Mr. Redfearn's assistant—I can tell you within six; about six besides these, that would be 42 altogether—I cannot say if they all related to Mrs. Peller's pledgings—about 20 of them were pawned in other names, and various addresses were given, and about 12 were pawned at other pawnbrokers', so that there would be about 30 tickets of dealings with the prisoner—I have not got those tickets now, I gave them to Mr. Deller; I produce four altogether out of the 30—when the property was produced at the police-court after the woman was convicted I went across with the prisoner's manager to the library; he called out each parcel, and I gave him a ticket till my lot was exhausted—he then gave me lour parcels for which I had no tickets, but I found them afterwards, and gave them to him—I gave him 22 tickets—he gave me a few parcels for which I subsequently found tickets, but he failed to produce four parcels for which I found tickets—at the time the woman was convicted the prisoner's assistant had no information, and I made no claim by ticket upon him for four parcels which he produced without the tickets—that was on the 4th August; the prisoner was apprehended on a warrant on the 8th—some parcels were produced which had no tickets then, but when I west to the house I found these four; I suppose they refer to parcels now in the prisoner's possession at this time—without any production of tickets he produced four parcels for which no tickets were forthcoming at the time—the prisoner's tickets were all in the name of Deller, but different addresses; only two out of the number have the correct address—there are two at 156, Kennington Road, one at 126,' Kennington Road, and one at 1 or 11, New Street—of those I gave up, more than half, probably, bore the correct address; I cannot say what address the others had—I cannot tell you if I was mistaken as to the number at first—I did not attach much importance to the tickets—the first time I went to Mr. Redfearn's I saw him, and the goods were brought down by his direction—he told his assistants; I could not tell you what he said to them—I did not hear what he said—I was standing in the front of the shop; the pawnbroker's shop extends a long way—I did not hear what directions were given—the assistants went upstairs, and brought the parcels down at different times—I don't know whether he went upstairs; he went out of my sight—I don't know where the warehouse is—after I had seen all the property, and thought I could do no further business there, I left—I did not see any search made in any book—Deller was with me at the time—nothing was produced except what Deller identified; he identified all the eight parcels—nothing was produced with which I had no concern; the only parcels produced were Mr. Ruspini's property—I don't tell the exact number of tickets I had at the police-court—I said 11 as near as I could remember—I did not make a note; I tore off a piece of paper and wrote down the dates, but I did not keep a copy—I gave Mr. Redfearn a list—I believe I got 11 tickets the morning after the first interview, as near as I can remember; they did not refer to parcels that I had already seen; I had seen eight parcels previously—I did not make a note of the number of tickets, and I have not that note in my pocket—in answer to your question I said before the Magistrate "I left a list of 11 tickets as near as I can remember," I believe about 23 parcels were produced, I could not say for certain—they produced more parcels than I had assigned the
existence of tickets for—I had not found the tickets for some of them that morning—I said I had found tickets for more than double the property—I did not look at the total amounts—I do not think they represented quite as much—it did not occur to me to inspect Mr. Redfearn's books, I had no power to do so, it would be an irregular thing for me to do, I should not think of it, I should be refused; I did not make any such suggestion—this charge was made simply on the facts revealed in the previous case—I have made no application to anybody to see his books—I do not know whether any one else has—I know that a pawnbroker is required by Act of Parliament to keep books—I did not say before the Magistrate anything about having discovered other pledgings of property not identified as Mr. Ruspini's, and I did not here, till you asked me; it did not occur to me, and I had no idea that they were stolen—I have been a sergeant nearly ten years—I have known Mr. Bedfearn's shop 9 1/2 years—he has carried on business longer than that, I believe, a great deal—I do not know of a single instance of information received from him as to robberies during the 9 1/2 years—I have been attached to Kennington Boad Station six years, and to Kennington Lane 3 1/2 years—he is in the Kennington Lane division—I have taken some pains to inquire, and I find no record in our books—I do not know anything of a diamond ring case, or a watch; I have asked the question of the senior police-officers, and I have searched the books, and can find no record of it—whoever was on duty at the station would receive information on those subjects; it would be recorded, and in all probability an officer of the department to which I belong would be instructed to make inquiries in reference to it.
Re-examined. If any such information had been received it would be dulv recorded in the book at the station—I have searched the book and find no such record—on the first occasion that I went there I asked him to produce all the plate that had been pawned by this woman, and he produced eight parcels—I subsequently found some more duplicate, went there again, and then a lot more were produced next morning before the Magistrate, when the woman was in custody—I subsequently found four more duplicates in the kitchen, and the plate represented by those duplicates has never yet been produced.
WILLIAM CHAMBERLAIN (Police Inspector L). On 8th August I went with Helson to the prisoner's premises—the assistants were at the other end of the shop; they were not in a position to hear the conversation that took place between Helson and the prisoner—I have heard the statement made by Helson as to the conversation that took place between himself and Mr. Redfearn in the shop; it is correct.
Cross-examined. They would have to speak very loud for the assistants to hear the conversation; they were very busy taking in pledges; they did not seem to be paying much attention to what was going on—if they had been paying attention they could not have heard; this was in front of the counter where the sales are, and they were at the end where the pledges are taken in; and there is a door to go through to where they take in the pledges—it is possible they may have heard something that occurred, but not all—I have been in that district about seven years, sixteen years in another—during the time I have been there I have had no complaint to make against Mr. Redfearn.
The following Witnesses were called for the Defence:—
JAMES STEPHEN STORR . I am a member of the firm of Debenham and Storr, auctioneers and valuers, King Street, Covent Garden—we constantly have very large sales of unredeemed pledges, several thousands a week, frequently more—I have given a cursory look at the articles upon which 12l. 14s. was advanced by the defendant—I never saw them till a few minutes ago—I have put them down item by item, and the total which they would realise at a sale would be 17l. 8s., because in valuing second-rate things like these, very far worn as many of them are, it is almost certain that you will put them down at runner more than dealers would give for them—I should think if they fetched 15l. or 16l. that would be quite as much as they would fetch; they are common second or third quality things, and a good deal worn; 15l. or 16l. would be the gross amount they would realise, and there would be the sale expenses to come off that—I was careful to observe that with the exception of two small spoons there is nothing that has any crest or mark in any way.
Cross-examined. The two small spoons have "T. J. A." marked on them; these are the only items that have any mark—I have not seen this property before to-day—I don't think I ever saw the prisoner, and I know nothing of the case—I have seen a good deal of this class of property for the last 30 years.
JOHN NEATE DIAMOND . I am a partner in the firm of Johnson and Diamond, auctioneers and valuers, Gracechuroh Street, City—we sell largely unredeemed pledges every day—I have had 22 years' experience in valuing articles of this description; I have very carefully valued these articles upon which 12l. odd was advanced, and I bring them to about 18l. as near as possible; that would be the full outside value that I put as the gross amount they might realise at a sale.
Cross-examined. We sell unredeemed pledges and other articles as well, anything.
DAVID WRIGHT . I am foreman to the defendant in his business as a pawnbroker, and have been so 3 1/2 years—before these proceedings I had seen John Deller on the occasion of his coming to the shop in June; on that occasion he produced a ticket for a plated dish; he asked to redeem it—he did not see the defendant while he was there; he was away; I was the only person he spoke to—I sent the boy Andrew to look for the plate, and discovered it had been taken out on an affidavit—Deller did not on that occasion say anything about his wife being a servant, or about the property belonging to her master; he did not say anything beyond the fact of his having found the ticket; he did not say anything about how he found it—he said he knew we had not got it, as it had been taken out by an affidavit; he said he himself knew we had not got it; he' knew it had been taken out—I did not on that occasion threaten to turn him out of the shop—on 3rd August, when the sergeant and Deller came, I was having my dinner, and I was called into the shop—I did not see the defendant speaking to Helson; he did not in Heleon's presence say anything to me—I heard nothing that was said at first; I was called out afterwards; Mr. Bedfearn spoke to me first; he said "Get these things out of Mrs. Deller's, as they are wanted"—at that time about seven or eight of Mrs. Deller's pledges were on the counter, I think, I did not count them—when the defendant told me to go and get
the other things Helson said "You need not get any more; these will be quite sufficient for our purpose"—accordingly I did not go and get any more then; I put them back again—I was bringing them to Mr. Redfearn at the time—after they left I put all Mrs. Doller's pledges together—there were two assistants, named Bordelay and Andrew, in the shop, and Mrs. Holloway, a customer, was in the front shop—on the following morning, 4th August, between 9 and 10, Helson came again; I was in the shop; I cannot recollect whether or not he gave me a list of the 11 tickets he had—at that time the other parcels I had looked up were collected together at the back counter; Helson requested them to be brought at once to the police-court; I took them; my master was unable to go, he had another engagement—I did not take all that I had got collected on the counter; I left four behind; that was not intentionally, it was in the hurry, as Helson said he wanted me there by 10 o'clock—I had one arm full, 21 articles; they were not all plated; there were counterpanes and quilts—I was told to be at the Court by 10; I left the four behind in the hurry—Mr. Redfearn told me to take all I could find; I took several that were not on the list—on that same day after the woman was convicted, Helson came to the shop again with four other tickets; he said he had found some more tickets at the woman's house, and he put them down on the counter—I said, "Mr. Redfearn is not at home at present; you can have them when he is at home"—he said, "When will that be P"—I said, "To-morrow or next day"—he said, "If I come on Saturday can I have them?"—I said, "Yes, or Deller; he could come himself if he liked"—he did not come again—I did not tell Helson that my suspicions had been aroused with reference to Mrs. Deller for a long time, and that I had told my master so—I never said that when she produced anything, I used to say to my master, "There is that Mrs. Deller again, shall we take it from her?" and that he replied, "It is all right"—he never said such a thing; I deny that conversation—I was the manager of the business; I did not myself keep the books required by the Act of Parliament; I know they were kept—I have made out a list with regard to Mrs. Deller's pledges from 22nd May, 1877, up to and including 2nd August, 1881—this is the list (produced)—I have not counted them (They were stated to amount to 212 pledges)—of the first 174 of these pledges there are only two that were not redeemed—I think about 20 were given up to the police, and seven are still in hand—the total advances on these 212 pledges was, I think, 128l. 17s. 9d.; the total profit by way of interest would be 6l. 1s. 1ld.—I don't think I have myself given information to the police where property has been offered as to which I have had suspicion.
Cross-examined. I did not give evidence before the Magistrate; I was not called as a witness—Deller never saw my master at all the second time he came; not when he came about the duplicate he had found—if he has said that he said to my master, "She is only a servant; it is not her property; she is robbing her master," that is not true; he never saw my master at all on that occasion—I say that I did not say to Helson in Deller's presence after leaving the Court, "I have had my suspicions for some time about Mrs. Deller; I called my master's attention to it and said, 'There is that Mrs. Deller again; shall I take anything more from her?'" and that he replied, "Yes, that is all right;" it is all an invention
of the policeman—if he says that he said to my master in my presence "Your assistant who attended at the Court told me that his suspicions had been aroused for some time, and that when she brought anything he always spoke to you and said, 'There is that Mrs. Deller again, "that is an invention—both those are pure inventions of the constable.
WILLIAM JAMES JACKSON . Up to within three years ago I was manager for the defendant in his business as a pawnbroker—I live at 7, Dorey Street, Princes Road, Lambeth—I remember Mrs. Deller—I served her as a customer I think on the first occasion—I asked her where she lived, and what she was—she told me she kept the house 155, or 156, Kennington Road, a lodging house, and that her principal lodgers were students at St. Thomas's Hospital—she appeared to be a lady-like woman—I should say certainly she was no menial—I made advances to her on various articles of plate, many times—I was with the defendant 16 years—his directions to me were to deal in a straightforward manner with everybody, and to do strictly an honest trade.
Cross-examined by MR. WILLIAMS. I left him in May 1878.
THOMAS ELLERBY . I was assistant to the defendant in 1880—I left on June 18th last—I recollect Mr. Deller coming to the shop about Christmas, 1880—I had just served a customer—I heard him ask Mr. Redfearn whether he knew Mrs. Deller—Mr. Eedfearn said "Yes, for some years"—then he asked whether Mrs. Deller had pledged some silver spoons there—Mr. Redfearn said no, he had no silver, he had, some plated ones—Mr. Deller said nothing about their both being servants, nor that the property belonged to their master—I have served Mrs. Deller on several occasions—she said she kept a hoarding house for medical students—I asked her whose goods they were when she came to pledge—she said they were her own property—a woman named Watson used to come and pledge for her, and also redeem.
Cross-examined. My recollection is of conversations that took place last Christmas—my attention was first called to this about January; for the purposes of this trial about two months ago—I remember accurately what I have stated—I am now in Mr. Brown's service, of Finsbury Park—I went to Mr. Redfearn about two months ago about my reference, as I had been out of employment—I have left Brown's through illness—I knew Mr. Redfearn was charged with receiving stolen property—I said to him "I was rather surprised to hear that Mrs. Deller was locked up for pledging, because I always thought she was mistress of the house, and it was her own property"—he then asked me to be a witness of what I knew, and of my conversation at Christmas, if I remembered Mr. Deller coming in the shop, and asking about his wife—I said Mr. Deller came into the shop, and asked whether he knew Mrs. Deller; Mr. Redfearn said "Yes, for some years," and he asked him whether he had got any silver spoons; Mr. Bedfearn said no, but he had had some, and he had got some plated ones—that was all that passed between me and Mr. Redfearn at that time—he asked me if I remembered Mr. Deller saying they were servants, and I said I did not—I was not examined before the Magistrate.
LEON JOHN BORDBLAY . I am salesman to Mr. Bedfearn—I was present on the 3rd of August when Helson and Deller came to the shop—I remember eight parcels being produced, and the defendant opening them and showing them to the constable—the defendant said "There must be
some more parcels, just take a look, and bring them up"—Helson said "Never mind, that don't matter, that is quite sufficient for what I want," and no more were brought—I recollect the defendant afterwards telling Wright to get the parcels together—also his saying to the constable "We have got a lot of jewellery of hers"—he said "Never mind, that don't matter, that is her own, I don't want to see that," and "You need not bother yourself about it, you won't suffer any annoyance or bother whatever"—that was Helson—the words were "You won't suffer any loss or annoyance whatever"—I recollect Helson coming on 4th August with 11 tickets, and the pledges being looked up—four were left behind, we did not notice them till afterwards.
Cross-examined. I knew my employer, Mr. Redfearn, was taken into custody, and that he went before the Magistrate—I was not called as a witness.
JOSEPH HELSON (Recalled.) I am a first-class sergeant of the Criminal Investigation Department—I have been in the police force 13 years—it is not true that I said to Wright "You need not get any more things, that is quite sufficient for my purpose"—I had no conversation with Wright at all—I did not say "You need not trouble yourself about this matter, you won't suffer any annoyance."
The defendant received a good character.
NOT GUILTY .
He was further charged on two other indictments for feloniously receiving other goods, upon which no evidence was offered.
NOT GUILTY .
ADJOURNED TO MONDAY, DECEMBER 12TH, 1881.